HomeMy WebLinkAbout1988-04-18 (Regular) Meeting Agenda• -
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Regular Meeting City Council
April 18, 1988
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1 . Call to Order
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ENGLEWOOD CITY COUNCIL
EICLEVOOO, ARAPAHOE COUNTY. COLORADO
Regular Sesston
Aprtl 18, Jg88
The regul1r ~eting of the £nglewood City Council Wl s c1lled to order by Mayor Van Dyke at 7:35 p.•.
2. Invocation
The invocation was given by Council Me.ber Koltay.
3. 'leclte of Alle,tance
The Pledge of Allegl1nce wa s led by M1yor V1n Dyke .
4. Roll tall
Present : Council Mellbers H1thaway, Koltay, Kozacek, Btlo, Habtntcht, Clayton, Van Dyk
Absent : None
A quoru. was present .
Also pres nt :
5 . "'nut I
City Mlnager McCown
City Attorney DeWitt
Assistant City Mln1g r Varga s
City Cler Crow
Di rector fonda, Utili t es
SlC • TO
Ol c , lo,
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Englewood Ctty Counctl Mtnutes
Aprtl 18, 1188 -Page 2
Nays: None
Abstain: None
Absent: None Motion carried.
6. Pre-scheduled Vtsttors
There were no pre-scheduled visitors.
7. Non-scheduled Vtsttors
There were no non -scheduled visitors.
8 . C-.ntcattons and Procl-ttons
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(a) CCUI:JL -.o CLAYTCitl IIOVm, CCUI:Il MERIEl HAIEIUCHT SECc.mD, TO
D£CLM£ THE M£El OF APRIL 24 -30, 1-AS •1£ADIII& IS All WEEl. • ~es: Counctl Me.bers Koltay, Hathaway, Kozacek , Bilo,
Habenicht, Clayton, Van Dyke Nays: None
Abstain: None
None Absent:
Motion carried.
(b) CCUI:JL -.o MTIMIIAY .wED, CCUI:Il -.o UZACEl S£C.O, TO
ACC£PT IIITH -.n THE 1£51-Tiotl OF DAV£ Cl-IO FD THE ~0.0. DMTM DOROIIIDT -.rn.
~s: Council Mellbers Koltay, Hathaway , Kozacek , 8 lo, Habenicht, Clayton, Van Dyke Nays : None
Abstain : None
Abset~t : None
Motion carried. Staff was directed to respond to Mr . Ciancio's lett r .
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Englewood City Council Minutes
April 18, 1988 -Page 3
Ayes:
Nays:
Abstain:
Absent:
Council Me.bers Koltay, Hathaway, Kozacek, Bilo,
Habenicht, Clayton, Van Dyke
None
None
Motion carried. None
As a point of order, it was clarified that Consent Agenda Items 9(a) through (g) should be accepted, 9(h) should be approved.
COUIICIL ..a.o ltOZACEit NOYED, COUIICIL MEMBER IILO SECOfi)ED, TO ACCEPT CONSENT
ME11DA ITEM I( a) THICIUal (t) All) TO APPROVED CONSENT MEJIDA ITEM 9(h).
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Minutes of the Board of Career Service COMissioners 11eeting of January 21, 1988.
Minutes of the liquor licensing Authority 11eetings of February 17, Mlrch 2, and Mlrch 16, 1988.
Minutes of the Englewood Housing Authority Annual Meeting and Regu -lar ~tlng of February 24, 1988.
Minutes of the Urban Renewal Authority ~~eeting of March 2, 1988 .
Minute s of the Board of Adjust~~ent and Appeals 11eettng of March 9, 1911 .
Minutes of the Downtown DeveloP~ent Authority 11eeting of March 9, 1911.
Minute s of the Planning and Zoning Co..lssion ~~eeting of March 22, 1911.
Ordinance No. to, Series of 1988, a..ndtng Title 3, Chapter 6, En -
glewoct Munici~l Code, 1985, relating to the City of Englewood Non ·~~~ergency EIIPloyees Retire~~ent Plan and Trust .
Ayes : Council Me.bers Koltay, Hathaway, Kozacek, Silo,
Nays: Habenicht, Clayton, Van Dyke
None Abstain :
Absent : None
Motion carried . Staff wts directed
ter for future tlngs .
10 . ,.ltc Netrt"t
p 1 c ar t ng
11. ~~
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oluttOM IN ttcafl
0 ll CL A Ti TIT
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Engl.wood City Council Minutes
April 18, 1988 -Page 4
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A BILL FOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 3, SECTION 9, "MALLEY CENTER
TRUST FUND," ENGLEWOOD MUNICIPAL COOE 1985, RELATING TO TRUSTEES .
COUNCIL MEMIEl CLAYTCII MOYm, COUNCIL MEMBER HABENICHT SECONDm, PASSAGE OF
COUNCIL BILL MO. 15, SEliES Of 1988.
Mr . Clayton explained that this ordinance affects only the Trustee to be ap -
pointed fra. the City Council who shall serve during tenure in office . Mr.
ClAyton is reca.ending that the City Council have the option to appoint a
Council Metlber to serve during tenure or a citizen of Englewood to be ap -
pointed for 1 two -yur ten~, which would allow Council the option every two
years to either reappoint 1 Council Metlber or to appoint another citizen .
Discussion ensued concerning the proposed wording of §4 -3 -9 A. 1 .
"One trustee to be appointed fro. the City Council who shall serve during
tenure in office or 1 citizen of Englewood to be appointed for 1 two year
ten~. •
COUNCIL ...a BILO JIOYtD TO MOD TH£ WOIIDIII& Ill SECTICII 1 Of COUNCIL BILL
110. 15, 14-3-1, BY STIIllll& AFTEl THE WOIID •OffiCE• THE WOIIDS •Oil A CITIZEN OF
f'MilNOOD TO I( APPOIITm FOil A TWO YEAII TOR• All) TO IIISElT AFTEl THE WOIID
•OffiCE• THl IIIIDS •Oil A CITIZEII Of EMilNOOD TO IE APPOIITm TO SERVE AT
COUNCIL'S PUASIIIE. • COUNCIL ...a lOZACEl SECCII)(D THl MOTICII TO MOlD.
Mr . Bilo explained that he felt this would give Council the necessary control of the appoint.eftt .
COIIICIL .... CUYTCII JIOYtD TO FUI11IEl MOlD THl .. Ill& STATED AIOY£ BY ADD-I. AFTtl THE .... •PlUSIII(, • THE liNUS( •IUJ MOT TO UCEm A TWO-YEAII TEM.
This ... ~nt was acceptable to Mr . Bilo and Mr . Kozacek, who .. de and secon -
ded t first nct.nt . However, Mr. ClAyton withdrew the 110tion to a•nd
after further discussion . He then offered another nct.nt.
Aft r dl scu sf"9 t .. tt r furt r . Clayton withd t s ond -~•nt.
propo
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Englewood City Council Minutes
April 18, 1988 -Page 5
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"One trustee to be appointed from the City Council who shall serve during
tenure in office or a citizen of Englewood to be appointed to serve at
Council's pleasure, or for a term not to exceed two years.•
Vote results on amendment adding the words •, or for a term not to exceed two years.":
Ayes:
Nays:
Abstain:
Absent:
Motion carried.
Council Members Koltay, Hathaway , Kozacek, Bilo ,
Habenicht, Clayton
Mayor Van Dyke
None
None
Vote results on amendment striking the words "for a two year term" and adding
after "appointed" the words "to serve at Council's pleasure, or for a term not to exceed two years.•
Ayes: Council Me~rs Koltay, Hathaway, Kozacek, Silo,
Habenicht, Clayton
Nays : Mayor Van Dyke
Abstain: None
Absent: None
Motion carried, and Council Bill No . 15, Series of 1988, as amended, wa s duly
approved on first reading.
(b) City Manager McCown presented 1 reca..endation to adopt 1 bill for
an ordinance providing for 1 25 -year franchise agre..ent with the Public Ser -
vice Ca.pany and for the establls~nt of 1 special election on June 21, 1988 .
Mr . McCown explained that he had highlighted the key provisions of the agr
.. nt in the Council Co..unication . He infonled Council tha Mr . Jia Cha rs,
District Manager , and Mr . Tot~ O'Donnell, Attorney, both representing Publ ic
Service Ca.pany, re present should Council need additional inforaation.
COUNCIL BILL NO . 14, INTRODUCED BY COUNCIL MEMBER KOZACEK, WAS READ BY TITLE:
A BILL FOR AN ORDINANCE RELATI
WITHIN THE CITY OF E LEWOOD
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Englewood City Council Minutes
April 18, 1988 -Page 6
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COUIICIL MEMIER ltOZACEK MOYm, COliiCIL MEMIER CLAYTON SECOIIDm, FOR PASSAGE OF
COUNCIL IILL MO. 14, SERIES OF 1988, AND TO ESTABLISH JUNE 21, 1988, AS THE
DATE FOR THE SPECIAL ELECTION.
Ayes: Council Me~rs Koltay, Hathaway, Kozacek, Bilo,
Habenicht, Clayton, Van Dyke
Nays: None
Abstain: None
Absent: None
Motion carried. Mr. McCown was co.plimented on the sw.aary of the details of
the agree.ent and the ..-bers of the negotiating co..ittee were c~nded for
their contributions. It was stated for the record that the City will be reim -
bursed for the costs of the special election.
(c) City ~nager McCCMI pre sented 1 rec~ndation to adopt a resolu -
tion allowing for a negot i ated contract for the 1988 Slurry Seal Progra• and
pen~itt i ng the award of said contract to Bass, Inc ., i n an ..aunt of $195 ,000 .
RESOLUTION NO . 18
SERIES OF 1988
A RESOlUTION AllOWING FOR A NEGOTIATED CONTRACT FOR TH E SlURR Y SEAl PROGRAM
1988 INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SE CTION 116(b ) OF THE HOM E
RUlE CHARTER Nil THE ENGlEWOOD fUIICIPAl CODE 1985 , SEC TION 4-1-3, Nil AWARD -
ING A NEGOTIATED CONTRACT FOR THIS PROGRAM FOR MAINTENANC E OF THE ENGlEWOOD
STREET SYSTEM .
CGUIICIL .... HATHMIAY .wED, CGUIICIL ..a UDell SU.ut, TO APPIOVE
I£SOUifl ••• 11, SOlES Of 1-.
CGUIICIL .... UlTAY .wED, CGUIICIL ..a CUYT. SEc.ut, TO ...., SECTI.
1 Of THE llSOUifl., PAll Z, ll. 1, -·· AFTtl •t•• THE W.S •11 M
MCUfT .r TO DCUD Slti,OOO•a sun• 1 TO 11011:
•SECTJ. 1. THE DDMnmrrS Of -IIUII. SOYICES _, PUIUC ...S ME
IZED TO IUDTIATt A a.rucT FOI ~ SOL PIOIIM 1-IN
M MCUfT .r TO EICOD $111,000 II UBI Of THE c.nnJvt liD PIOCESS
AS AUMD IY SECT I. 111(-.) Of THE EJII EWOD talE IUlE CMITO _, SEC -n• 4 ·1-3·1 . ~EWOD UICIPAL ta lMI,•
Vot re ults on th
Ay s:
•tndl•fl ;
Counc 1 rs Koltay , Hath y, oz , Btlo,
"-Ys :
Abstain :
Ab
t on carrttd.
ot
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Maben cht, Clayton, Vafl Dy
olut
Mat , ltlo , I .
Englewood City Council Minutes
April 18, 1988 -Page 7
Absent: None
Motion carried.
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(d) A resolution opposing "lotto• fon11 of gllllbl ing in the State of
Colorado was considered.
RESOLUTION NO. 19
SERIES OF 1988
SPONSORED BY COUNCIL MEMBER KOZACEK
A RESOLUTION OPPOSING THE "LOTTO" FORM OF GAMBLING IN THE STATE OF COLORADO.
CCUICIL ...a lOZACB IIOVED, COUIICIL NOIIEl HATHMIAY SECotiDED, TO APPROVE
IESOWTI. lit. 11, SOlES Of 1-.
Council Mellber Koucelt explained that this issue had been brought up at a
Parks and Recreation Ca..ission ... ting and that the Ca..ission voted in favor
of such a resolution with the stipulation that the resolution is not against
"lotto• but is against the idea that the .,nies to be derived would be ear -
urked for prisons, etc ., not for recreational purposes. Discussion ensued
concen~ing the •l"ding of the resolution. Various Council Mellbers stated
their postttons on this utter.
CCUICIL ._. cun• IMED, CCUitll ..U lOLTAY S£CCII)(D, TO TAILE APPROV-
AL Of IUOLUn• lit. 11, SDIU Of 1-.
~s: Council "--bers Koltay, Btlo, Habenicht, Clayton, Van
Oylte
Mays :
Abstain :
Absut :
Mot ton carri td .
Counctl "--bers Hathaway, Kozacelt
1oM
1oM
presuttd a reco.endat ton fro~~ the Bt -City
Pt r TH liTT
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Englewood City Council Minutes
April 18, 1988 -Page 8
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Council Metlber Koucek shted for the record thit the funding for this would
be co.ing fro. possible grints ind/or loins fra. the Federil government, thit
the long-ringe .. ster plin would not hive i direct i~ict on lip fee ind usige
it this ti .. , ind further thit it would not iffect the generil budget in any
Wiy.
Utilities Director Fondi responded to questions concerning the time frame,
shting thit it would hke two to three 110nths to get in engineer on board,
nine 110nths to i yeir for the pre-design ind detiil design. The tirget date
to begin construction, if ipproved by both Councils, is •id-to lite 1989 with
i three to five yeu tohl build-out. Funding through long -ter. loin gnnt
was discussed. Concern was expressed about odor reduction ind 110ving forwird
certain it .. s in Phase lb to Phise li to iCC~lish this. Mr . Fondi issured
Council this would be done as soon as possible. Regirding the odor reduction,
it was suggested thit in irticle be printed in the E~lewood Sentinel or The
Citizen to advise the citizens of this action. He a~o assured Council that
effort would be .. de to pursue iny grant 110nies which •ight beca.e iv•ilible .
Mr. Fonda was c~li .. nted for his concern and dedicition to i~rove e.ployee
safety and to decrease hazardous situations.
Vote results:
Ayes:
Nays:
Abstain:
Absent:
Motion carried.
Council Metlbers Koltay, Hathaway, Kozacek, Bilo ,
Habenicht, Clayton, Van Dyke
None
None
None
IZ . Ctty~~ana...-•s -.,ort
"r . McCo.n did not have any aatters to bring befor Council .
13 . City AttorMy's a.,ort
(a) ...,., DeWHt presented lnforaation and requested direct io n fro. Cou n·
ell on the following aatters :
( I)
rr son, C ty of Thornton,
o Ca 1 Roc , c ty of
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Englewood City Council Minutes
April 18, 1988 -Page 9
COUNCIL MO.ER KOLTAY MOYm, COUNCIL "O.ER CLAYTON SECONDm, TO DIRECT THE
CITY AnOIIIEY TO PURSUE THE RECOVERY OF THE 10110111& MONIES ($2,000) All) TO
PURSUE THROUGH OTHER APPROPRIATE AYEIIJES THE IAlNICE OF THE MONEY ($4,700).
Ayes:
Nays:
Abstain:
Absent:
Council ~ers Koltay, Hathaway, Kozacek, Bilo ,
Habenicht, Clayton, Van Dyke
None
None
None
Motion carried.
(iii) Sign Code Violations.
COUNCIL ..U lOZACEIC MOVm, COUNCIL _,.ER HATHAIIAY SECONDm, TO TABLE AGEN-
DA ITER 13(a)(ii1).
Ayes:
Nays:
Abstain :
Absent :
Council "--bers Koltay, Hathaway, Kozacek, Bilo,
Habenicht, Clayton
Mayor Van Dyke
None
None
Motion carried.
(tv) OR Ltd. v. City and Leydon v . City
COUNCIL._. CUYTCIII 110¥0, COUNCIL ._. HUDIICHT SlCCIID, TO AUTHDIIZE
THl CITY an-.Y TO PIKHD II THl MTTD. LTD. Y. CITY lfiTH THl PllOYISION
THAT ME _,. laiST TIIAT THl a.IIIIT -IIIAK£ THAT IS II CCIIIFUCT If UPNELD AS
A CONDIT lOll OF THAT APPUL.
Ayes :
Mays :
Abstain :
Absent :
Council "'-bars Koltay, Hathaway, Kozacek, Bilo,
Habenicht, Clayton
"-yor Van Dyke
None
None
Mo tion carried.
COUNCIL
CITY An
ton
MATIWIAY 110¥0, COUNCIL ..a UZACEIC SlCCIID, TO DllECT THE
TO ..._ AlftAl OF LEYDCIII V. CITY .
s : ollay, Hath w y, oz c , 8 lo,
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Englewood City Council Minutes
April 18, 1988 -Page 10
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Kozacek also requested that each chairperson of the boards and commissions be
provided a copy of the Rules and Procedures, as adopted by Council .
14 . leneral Discussion
(a) Mayor's Choice
Mayor Van Dyke did not have any .. tters to bring before Council.
(b) Council ~r's Choice
( i) CCUI:IL ..a lOZACEX IIOYtD, CCIUIICIL _,.EI IILO SEcotmED, TO
APPOINT IUSSlU HATHAIIAY, AS YOU11I ..a Of THE PAllS _, I£CI£ATIOII COIIMIS-
51011 TO A TEa TO EIPII£ OCTOIEI 1, 1-.
Ayes : Council ~rs Koltay, Kozacek, Bilo , Haben i ch t,
Clayton , Van Dyke
May s: None
Ab s ta i n: Counc il Mellber Hathaway
Ab sent : None
Motion carr i ed . Council Metlber Hathaway stated she ab s tained as sh e had a
•d i rect personal i nvolv..ent wi th the person i n question •, na.ely her son .
15 . Adj~t
CCUI:IL _. lOt.TAY IIOYtD TO.... The Meting adjourned at 9 :00 p.•.
~ ktltl.wr ct y e
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1. Call to order.
2. Invocation.
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AGENDA FOR THE
REGULAR MEETING OF
THE DCLZWOOD CITY COUNCIL
APRIL 18, 1988
7:30 P.M.
3. Pledqe of alleqiance. Yt24~ ¥
4. Roll call. 7 ~
Minutea.
(a)
(b)
Minute• of the apecial ... tine) of April 5, 1911 . ~·cs.L/4~
Minute• of the apecial ... tine) of April
6. Pre-Scheduled Viaitora. (Pl .... liait your pre .. ntation to
ten ainu tea. ) If/~
7 . Non-Scheduled Viaitora. (Pl .... liait your preaentat i on to
t ive a i nutea.) A/~
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't (e)
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Page 2
April 18, 1988
City Council Agenda
9. Consent Agenda.
(a) Minutes of the Board of Career Service co .. issioners
aeeting of January 21, 1988.
(b) Minutes of the Liquor Licensing Authority aeetings of
February 17, March 2, and March 16, 1988.
(c) Minutes of the Englewood Housing Authority aeetings of
February 24 (6:50 p.a.) and February 24 (7:30 p.a.), 1988.
(d) Minutes of the Urban Renewal Authority .. eting of March
2, 1988.
(e) Minutes of the Board of Adjustaent and Appeals aeeting
of March 9, 1988.
(f) Minutes of the Dovntovn Developaent Authority aeeting of
March 9, 1988.
(g)
(h)
Minutes of the Planning and Zoning Coaaission aeetinq of
March 22, 1988.
~10
Ordinance ... nding Title 3, Chapter 6, Englewood ~
Municipal Code, 1915, relatinq to the City of Englewood
Non-Eaergency Eaployees Retir ... nt Plan and Trust.
10. Public Hearing.
Ordinances, R .. olutions and Motions.
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. Page 3
April 18, 1988
city Council Agenda
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~))(a) Reco .. endation froa the Bi-City Superviaory co .. ittee to ~
adopt a Reaolution approving the Long Range Maat~~~an
for the Bi-City Waatewater Treataent Plant. j/~ (,tl~
12. city Manager•• Report.
13. City Attorney'• Report.
(a) Diacuaaion of:
14.
(i) Water caaea concernincJ the Town of llorriaon1 City
of Tborntonr Roxborouqh Village Metropolitan Dia-
trictl Town of Caatle Rockr City of Weatainater .
and D. c. Burna Realty and Truat • .c?-<dy~
(ii) Hoffachneider concrete.~~
(iii) liqn Code violationa. ~ ~~~~-/
(iv)~t4. v. Ci\y,and ~on v. -~~:~"L ~ JU "'~#( ..,~ <Q ~ ~~·~ /~ ~.,.., jt",.,.~ General Diac\laaion. ?-o
(a) Kayor•a Choice.
(b) Council Naber'• Choice •
._ I (i) a.cQ ndation to appoint Kr. Jtuaeell Hathaway to
•1., r IY !_~ t.be youth ...a.er vacancy on tlle Parka and llecre-~. /V tJ1";Jii" ation cc.ai .. ion. ~7'~/~
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1. Call to Order
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Special Session
Apr 11 5. 1988
S A
The regular meeting of the Englewood City Council wa s called to order by Mayor
Van Dyke at 7:39 p.m.
2 . Invocation
The invocation was given by Council Member Koltay.
3 . Pledge of Alleg iance
The Pledge of Allegiance was led by Mayor Van Dyke .
4 . Roll Call
Present : Council Members Hathaway, Koltay, Kozacek , Bllo,
Habenicht, Clayton, Van Dyke
Absent : None
A quoru wa s pre nt.
Also pr s nt :
S. Mtnu tes
Ci ty Manag r McCown
City Attorney DeWitt
Assistant Ci ty Manager Varga s
City Clerk Crow
Acting Dt r ctor Ro-an s, C nlty Develo nt
y, or c , lo,
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Englewood City Council Minutes
April 5, 1988 -Page 2
6. Pre-scheduled Visitors
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There were no pre-scheduled visitors scheduled for this special meeting.
7. Non-scheduled Visitors
Due to special meeting status of this meeting, there was no discussion under
the Non-scheduled visitors section.
8 . Ca.untcattons and Procluattons
The following procla~ations were presented:
(a) COUIICIL MERIEl HATHAMAY MOVED, COUIICIL MEMBER KOZACEIC SECONDED, TO
PROCLAIM THE MOIITH Of A,.IL AS •AK -ALWAYS IUY COLOUDO MONTH. •
Ayes : Council MeMbers Koltay, Hathaway, Kozacek, Bilo,
Habenicht, Clayton, Van Dyke
Nays: None
Abstain: None
Absent : None
Motion carried.
(b) COUIICIL MERIEl KOZACEIC MOVED, COUIICIL MERIEl KOLTAY SECONDED, TO
PROCLAIM THE MOIITH OF A,.IL AS •fAll HOUSI .. MOIITH. •
Ayes: Council Me.bers Koltay, Hathaway, Kozacek, Bilo,
Habenicht, Clayton, Van Dyke
Nays : None
Ab stain: None
Absent: None
Motion carried.
(c) COUIICIL MEMO CLAYTOI MVtD, COUIICIL MEMO IILO SW.O, TO PRO-
CLAIM MY 5, 1111 AS •cny DAY Of PIAYO. •
Ayes : Council rs Koltay, Hathaway, Kozacek, 811o,
Habenicht, Clayton, Van Dyke
Nays :
Abstain :
Abs nt :
ttncrrl
(d)
OCLAIM
0
None
on
on
SECONDED, TO •
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Englewood City Council Minutes
April 5, 1988 -Page 3
10. Public Hearing
No public hearing was scheduled.
11. Ordinances, Resolutions and Motions
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(a) Acting Director Romans presented a reconnendation from the City
Planning and Zoning Co~ission to adopt a bill for an ordinance amending Title
16, Chapter 4, Section 18 of the Englewood Municipal Code/Comprehensive Zoning
Ordinance with reference to the landscaping provisions of said ordinance. Ms.
Romans exp la 1 ned that the landscape Ordinance was adopted in 1984. About two
years ago the Ca.1ssion began reviewing the landscaping provisions and had
submitted the proposed amendments to City Council in April 1987. Upon the
request of the Greater Englewood ChaMber of Ca.erce, Council had delayed ap-
proving the changes and referred the amend .. nts back to the Planning Ca.is -
sion who then worked closely with the ChaMber's Governmental Affairs liaison
Committee . The a.end.ents which are being presented have been approved by the
Challlber's ca.ittee, re considered by the Planning C01111ission at a public
hearing on February 17, 1988, and are less restrictive than those su~itted to
the Council in April of 1987 . Hs . ROMan s stated that four Me.Oers of the Coa -
~ission were pr s nt as was the Chainaan of the Govern.ental Affairs liaison
Committee, should Coun c il wis h to d r'ect any questions to thN . Discussion
en s ued relative to s of the Ulendaents: however, it was the consensus of
Council that furth r d isc uss ion of this •att r should be postponed until the
Public Hearing .
COUNCIL BILL NO . 11 , INTRODUCED BY COUNCIL M ER BILO, WAS READ BY TITLE :
E AMENOI TITLE 16 , CHAPTER 4, SECTION II : LANDSCAPE
ICIPAL CODE l 5.
COUNCIL M£NO IILO DO, COUNCIL C&.AYT. KC.O, FOI PASSMl Of
COUNCIL IILL 10. ll, SOilS OF 1-. -TO S£T A ..._IC MUll FOI MY 2,
1981, 7:30P.M., IN CITY COUNCIL CHAII[IS.
~ s: Co un 11 r o1 tay , Ha h ay , ora 811o .
H n cht , Cl y , an Oy
t n c
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Englewood City Council Minutes
April 5, 1988 -Page 4
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and the action before City Council at this time is the vacation only of the 17
feet on the east side of Jason . Pursuant to an earlier agreement with the
Urban Renewal Authority and City Council , this 17 feet is at this ti .. uti -
1 ized as parking, sidewalk, curb and gutter . Discussion ensued relative to
the liability the City might incur on both sides of the street as a result of
this vacation, and a question was raised concerning vacating 17 feet on the
west side as well as the eut side . Mr . McCown said he would be willing to
contact Pennant Properties and propose that action; however, it would still be
appropriate at this ti .. to approve the bill for an ordinance vacating the 17 feet on the east .
COUNCIL BILL NO. 12, INTRODUCED BY COUNCIL MEMBER BILO, WAS READ BY TITLE :
A BILL FOR AN ORDINANCE VACATING A PORTION OF THE RIGHT-OF -WAY IN THE 3500
BLOCK OF SOUTH JASON STREET, IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO .
COUNCIL MOllER IILO ROVED, COUNCIL IDlER CLAYTON SECOIIDED, FOI PASSME Of
COUNCIL IILL NO. 12, SERIES OF 1111. Counci l MeMbe r Kozacek stated hi s op -posi t io n t o th is Bill.
Ayes:
Nays:
Abstain:
Absent:
Motion carried.
Council MeMbe r s Kol t ay,
Clayton, Van Dyke
Council Me.ber Kozacek
None
None
Hat haway, Bilo, Habe nic ht,
(c) City Manager McCCMI presented a ~o.endation fro~~ t he Parks and
Recreation Co..tssion to ... nd Title 2, Ch apter 4 , Sec t ion 2 of the Englewood
nlclpal Code to provide for the office of VIce Ch a inNn fo r the Parks and Recreation Co..tssion .
COUNCIL BILL NO . 13, INTRODUCED IV COUNCIL MEMBER KOZACEK, WAS READ BY TITLE :
A BILL FOR AH OROI E MENOI TITLE 2, CHAPTER 4 , SECTION 2, E LEWOOO
ICIPAL COOE 1985 REGARDING PARKS AHO R CREATION COMMISSION .
COUNCIL ER KOZACEK NOVED, COUNCIL
COUNCIL IILL NO. 13, SERIES OF 1 ....
Ay s : Counc 1
H ntc
12 . City nattr 's t
d d n t ttrt rng
City AttorMy ' port
CLAYTON SECOIIDED, FOI PASSME Of
Hath y, oz c • lo,
or C un 1. •
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•' Englewood City Council Minutes
April 5, 1988 -Page 5
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Hr. DeWitt did not have any Matters to bring before Council.
14. General Discussion
(a) Mayor's Choice
Mayor Van Dyke did not have any •atters to bring before Council.
(b) Council Metlber Habenicht presented a c011prehens1ve report on the
Congressional Cities Conference of National League of Cities held in Washing -
ton, D. C., which was attended by Mayor Van Dyke and Council MeMbers Hathaway
and Habenicht. She detailed the scope of issues which were studied by those
in attendance and stated she ca.e away fr011 the conference with a sense of
pride for the City of Englewood.
15 . Adjoun.ent
COUIICIL MEMBER KOZACEK MOYm TO ADJOURII, The .eet i ng adjourned at 8 :33 p .M.
Cit y er
I • •
•
1 . Call to Order
•
• •
ENGLEWOOD CITY COUNCIL
ENGLEVOOO, ARAPAHOE COUNTY, COLORADO
Spec 1a 1 Session
April 11, 1988
The special meeting of the Englewood City Council was called to order by Mayor
Van Dyke at 7:37 p.M. The Invocation was given by Council Menber Koltay. The
Pledge of Allegiance was led by Mayor Van Dyke. Roll was called.
Present: Council Members Hathaway, Koltay, Kozacek, Bilo,
Habenicht, Clayton, Van Dyke
Absent: None
A quoru. was present.
Also present :
2. Public Hearint
City Manager Cown
City Attorney DeWitt
Assistant City Manager Vargas
City Clerk Crow
Director Ragland, Engineering Services
Office EnginHr Kat.
Mayor Van Dyke announced that th 1s spec h 1 ell ng was to consider an or-
dinance approving th ole cost of the i~rov nts -.de within Paving Dis·
trict . 32, In the City of Englewood, Colorado; approving and confi~ing th
apportlon.ent of District; assessing a hare of said cost against each lo or
tract of land; and p,..scr blft9 th nn r for th collection and payt~tnt of
sad ass ss nt . Sh called or a .at on open th Public Hearing .
0 MAllWfAY SECOIIDEO, TO OPO TN(
oz c , 8tl o,
ay s:
Ab sta n:
Ab n
Th arlng op n • I .
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Englewood City Council Minutes
Public Hearing-April 11, 1988-Page 2
relative to assessment data, after which citizens would be given the oppor -
tunity to state any concerns. Prior to the ordinance being considered on
final reading, staff would review those concerns and respond to them. If
Council chose to amend the ordinance, those amendments would be considered on
May 2, 1988; the ordinance is scheduled for final reading on May 16, 1988.
Mr. McCown informed Council that Director Ragland, Engineering Services, would commence the staff presentation.
Council Member Clayton explained that he and his family own property within
the District; because of the possibility his actions and decisions could be
interpreted as a conflict of interest, he stated he would not participate in
the Public Hearing. Mr. Clayton withdrew from the meeting at 7:40p .m.
All staff members and citizens testifying during the hearing were duly sworn by the City Clerk.
Director Ragland, Engineering Services, gave background infonnation concerning
Paving District No. 32, which wa s created by ordinance on April 20, 1987, to
include reconstruction of ten (10) blocks and overlay of seventeen (17) blocks
in the City of Englewood. She explained the final assess~~ent data and the
costs of the paving district. Costs wh ich are assessable to the h011eowner
total $258,695 .2 8 . The costs to be borne by the City total $127 ,046 .60. This
data was ca.pa red to the estiMated costs of the District, I.e., estiMated as -
sessable costs · $585,500 .00, estiMated City costs -$157 ,500.00. She ex -
plained that the savings "tre 1 result of th excellent construction prices
received on this project as well 1s the fact that a Majority of the concrete
work wa s done by private contractors at the ~ers ' option . She lnfor.ed
Council that the Interest to be charged on the ass ssable costs wa s 7.51 . The
schedule for the ca.plet I on of the Dfstrtct was outlined . There re 307
property ers to be assessed In the 0 s tr tc . Th 5 d scoun t for pa nt
of assess nt s prior to Jun 17th wa s explained as wa s th Deferral Assess n
Prograa ich is ava tlabl to qual l f ed ci tizen s •
t o
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Englewood City Council Minutes
Public Hearing-April 11, 1988-Page 3
3. letter from Susan limke, 3216 South Grant Street (street improve-
ments in the 3200 block of South Grant Street).
4. letter from Herman DeVliegher, 4610 South Cherokee Street (street
improvements in the 4600 block of South Cherokee Street).
5. letter from Robert W. Navratil, 2880 South lincoln Street (street
improvements in the 2800 South lincoln Street)
6. Notice fro. Frances Alvarado, 2701 South Grant Street (street im-
prove.ents in the 200 block of East Yale Avenue).
The letters were received into the official record of the Public Hearing .
Mayor Van Dyke invited concerned property owners to address Council concerning their assess.ants.
Fred W. Vondy, attorney for Rocky Mountain District Council of the Assemblies
of God, 300 East Ha~en Avenue. Mr . Yondy stated the unusual circumstances
of his client having reacquired the property through foreclosure . It is their
position that no benefit accrues to the property by reason of the street im -
prov nts , that the benef i ts ac crue to the Safe~ay Store and Shopping Center
properties located at 201 East Jefferson Avenue . They requested to be relieved fro. the proposed assess .. nt .
Harold Nldsen, pastor of Roc~ Mountain District Council of the Ass..Olies of
&od, 300 East H..,O.n Avenue, reiterated Mr . Yondy 's ca..ents , explaining that
they had just auu.ed the property u of Aprt 1 1, previously CMied by Bob Jones .
I .
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Englewood City Council Minutes
Public Hearing -April 11, 1988 -Page 4
responded that Royce Smith, a real estate broker and appraiser in the City of Englewood is available.
Royce l. S.ith, 7037 South Platte Canyon Road, littleton . Mr. S.ith stated
he was a real estate broker, appraiser, and .. nage.ent consultant specialist
for construction . He testified that he had been called upon to offer testiMO-
ny in respect to value in various State of Colorado and Federal courts, that
he has been declared an expert appraiser in every District Court in the five
metropolitan counties. He further stated he was fa.iliar with the property in
the 3500 block of South Grant . He described the street condition prior to the
paving district as being •very bad•. With respect to the value of property
in question, Mr. S.ith confif'lled that properties which had been included in
paving districts sold quicker and at higher prices than properties with
streets which had not been i ncluded in paving districts . Repave.ent has a
tr ... ndous effect on the re sale of property, at ti .. s increasing the value of
the property by five to ten percent . Mr . DeWitt questioned whether the five
to ten percent of the value of the property in question would exceed the
a.aunt of assess .. nt of the property at 300 East Ha.pden Avenue -$3 ,457 .69 . Mr . S.ith confif'lled that i t would exceed that a.ount .
COUNCIL 1D10 lOZACU IIMD, COUICIL 1010 IILO SU.O, TO CLOSl THE
PUILIC HUll•. It wa s l rtnOUfte ed that the Council would deliberate on the
iss ue s presented dur i ng t he Hear i ng, and a decision will be 111c1e on possible
... ndllents before f i nal reld ing of the ordinance on Nay 2 , 1181 . ~es : Council "--bers Koltay , Hathaway , Kozacek, Si lo , Haben icht , Yan D.yke llays : 11oft&
Abstain : 11oft&
Ab sent : Council "--ber Clayt on
The Mayor dec lared t he •tton carri ed and t he Pub lic He ar ing closed .
l. MJ...._t
CCUICIL .._. lOZACU 11MD TO ...... The
t1 ng edJouMied at 8 :10 p .a.
I •
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P R 0 C L A M A T I 0 N
\•I!J ERE A..,, th e national Reading Is Fundamental (RIF) program
encouraqcs nrl r•1nforces the impor ance of reading ; and
RIF proqr.m is fund d mos ly by f deral matching
o o ne ra io ; and
llf!!:RJ: S , t e :t i F pro qr<rn has provided over 78 million books
o ud•"l " 1 n~~ 19 il nd
Till t :l'ORE , T,
lo r rio , h r
REA.l>lNC I
nd l
UN
ach 5
School
at both
choic ; and
Fun \ ek:" in honor of
h y 5 he import nee
h Ci y of
April 24 -30 ,
ngl wood • ud n a n
y o A rtl, 1
-
March 8, 198 8
Hr. Dan Gr een
Chairman of the Board
Englewood Downtown Development
Authority
3535 So u th Sherman Street
Suite 1150
Englewood, CO 80110
Dear Dan:
•
• •
Aa I hav be n transferred to another King Soopera store, and •• no longer
mploy d within the downtown c ntral busineaa district of Enalewood, I ••
ub•ittlng .y r signation fro• the EDDA Board of Dir ctors.
:.fiJrely,
)PIKL«JV-
Oav Ciancio
•
I • •
fNQUWOOO 00-'IOWN DIV EIOPMENT AUTHOIITY
3535 s She!mcn-
EnglewOOd Colo<odo 80tt0
flhonq 303 781 7885
March 24, 1988
Mayor Susan Van Dyke
City of Englewood
3400 South Elati Street
Englewood, CO 80110
Dear Mayor Van Dyk :
•
• •
By unani.ous vot of the Board of Dlr c tora of th Engl od Downtown
Dev lopNCnt Authority, we r co..end that City Council appoint
Jo Wharry
Co It to Coast H rdvar
Troll y quar
or
lft
r-
I • •
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•
PRESENT:
ABSENT:
OTHERS:
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BOARD OF CAREER SERVICE COMMISSIONERS
January 21, 1988
REGULAR MEETING
Cathy Pokraka, Janet Kerzic, JoEllen Turner, Harry
Fleenor, Jr.
None
Gary Kasson, EPBA
Gordon Madonna, President, EPBA
Mike Swan, v. President, EPBA
Mike Dailey, Secretary-Treasurer, EPBA
Chairperson Harry Fleenor opened the meeting. A roll call was
taken and a quorua was established.
co .. iasioner Kerzic aoved to approve the ainutea of Noveaber 19,
1987. co .. issioner Turner seconded. The aotion carried.
co .. isaioner Turner aoved to approved the ainutea of Deceaber 1,
1987. co .. issioner Pokraka seconded. The aotion carried.
co .. isaioner ~erzic aoved to approved the ainutea of Deceaber 1 0 ,
1987. co .. iaaioner Pokraka seconded. The aotion carried.
Next itea on the aqenda was Association'• Choice. Peter Juene-
aann and Michael Gruninqer were not present. Gary ~•••on was
present to introduce the new officers of the Enqlewood Police
Benefit Association. President Gordon Madonna, Vice President
Mike swan, and Secretary-Treasurer Mike Dailey all provided the
Board with their background and affiliation with ZPBA.
The next order of business vas City Manager'• Choice. Mo busi -
ness was brought before the Board .
Under co i ss ioner'• Cho ice , Ol d Bus i ness, the t i ling e b i ne
vas tabled tor d i •cussi on at the end ot the • eti ng .
Ay e
Ay
AY
.. y
I
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Commissioner Kerzic moved to pay $200 to Valentine and Associ-
ates. Commissioner Turner seconded. The motion carried.
Commissioner Pokraka read a letter from Damas and Smith regarding
the charges on a previous statement. Comaissioner Xerzic moved
to pay Damas and Smith $1,181.34. Commissioner Pokraka seconded. The motion carried.
Commissioner Kerzic moved to pay Caplan and Ernest $1,794.75.
Commissioner Turner seconded. The motion carried.
Commissioner Pokraka read a letter dated December 10, 1987, from
Andy to Chairman Harry Fleenor, regarding the public hearing.
Commissioner Pokraka read a letter dated December 22, 1987, from
Mayor Otis to the Board regarding the tabling of Council Bill 167.
Commissioner Pokraka moved and Commissioner Xerzic seconded that
after the next hearing, dismissal ot a hearing or withdrawal of a
hearing, steps be taken to be on the agenda to read the findings
to the Council in an effort to iaprove communication. The aotion carried.
After discussion on the tiling cabinet, it was suggested the
Recording Secretary check out the City procedure tor ordering,
and Board aeabers check resources available to thea. The issue
was then tabled until the next aeeting.
There being no other business for the Board, the aeeting was adjourned.
I .
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ENGLEWOOD LIQUOR LICENSING AUTHORITY
February 17, 1988
Public Show Cause Hearing
Hilda's Cafe, Inc., d/b/a Blizzard's lounge, Inc.
Chainaan Styes called the Meeting to order at B:OO p.•. He stated the
Authority w1s holding the public hearing to deter.ine whether the Tavern
liquor license of Hilda's Cafe , Inc ., d/b/a Blizzard's lounge, Inc ., at 4386
South Broadway, Englewood, Colorado, should be suspended or revoked because of
certain allegations of violations. He called for a .ation to open the public hearing .
MEMBER WADDELL NOVED, NOllER MCLAU8Hl.IM SECCIIIDED, THAT THE ENGLEWOOD LIQUOR
LICENSJN8 AIITHOIJTY COIIYENE AS A PUILIC IEAIIMI TO CONSIDER IF THE TAVERN
LIQUOR LICENSE TO DISPENSE NALT, VINOUS AND SPIRITUOUS LIQUOR NOW HELD IY
HILDA'S CAFE, INC., SHOULD IE SUSPOIDED 01 REVOKED.
Ayes : Waddell, Mclaughl in, Board.ln, lunders, Styes Nays : None
Abshin : None
Absent : None
Motion carried.
Roll was called:
Pre sent: W1ddell , Mclaughlin, Bo a~n . lunders, Styes Absent: None
A quoru. wa s present.
Also present :
C y Ex t bt 6·1
Charles 'rt , Ass stant City Attorftly
Patr tct 1 H. Crow, Ctty Clerk
introduced nto t r o of t tt~tg t foll ng
0
uard's
0 I .
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Englewood Liquor Licensing Authority -Public Hearing
February 17, 1988-Page 2
City Exhibit 6-2
City Exhibit 6-3
City Exhibit 6-4
City Exhibit 6-5
City Exhibit 6-6
Copy of State of Colorado Liquor License held by Hilda's
Cafe, Inc., at 4386 South Broadway, covering period
December 31, 1986, to expire December 31, 1987.
Copy of City of Englewood Liquor License issued to Hilda's
Cafe, Inc., covering the same period.
Certified Notice dated January 28, 1988, addressed to
Charles Laverne Blizzard
Carmen Dorothy Blizzard
Hilda's Cafe, Inc., Individually and d/b/a/ Blizzard's
Lounge, Inc., formerly d/b/a Hilda's Cafe
4386 South Broadway
Englewood, Colorado 80110
RE: NOTICE OF PUBLIC HEARING TO DETERMINE IF THE TAVERN
LIQUOR LICENSE TO DISPENSE MALT, VINOUS, AND
SPIRITUOUS LIQUOR NOW HELD BY ADDRESSEES SHOULD BE SUSPENDED OR REVOKED.
Copy of State of Colorado Tavern liquor License issued to
Hilda's Cafe, Inc., 4386 South Broadvay, covering period
Otc..O.r 31, 1987, to expire Dece.btr 31, 1988.
Copy of City of Englewood liquor license issued to Hilda 's
Cafe, Inc., covering the sa period .
Clerk Crow explained for the record that other City Exhibits, which art to bt
entered into evidence by the City presenters, had bttn prt-aarked as Cfty
Exhibits 1 through 5; therefore, the exhibits just entered into the record
were identified as City Exhibit 6·1 through 6·6.
Tht presenters on behalf of the City art John Collins and Sgt. loa Bock,
Detectives for tht Englewood Police Otpart.ent .
Th respondent fs reprts nted by Steph n A. Jones, Supr Court No . 8587 .
Mr . Jones stated that tht respond nts, Charles and Can~en Blizzard, rt both pr sent .
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Englewood liquor licensing Authority -Public Hearing
February 17, 1988-Page 3
It was further decided by the Authority that each violation would be heard
separately.
It was noted by Mr . Jones that there might be a conflict of interest involved
in Detective Collins serving as Presenter for the City and also the primary
investigator in both cases. This did not appear to be a problem from the
viewpoint of the Authority .
Chairman Styes, for clarification purposes, requested that City Exhibit 6-1 be
read in its entirety into the record. The Clerk complied.
The following witnesses, duly sworn, were called by Detective Collins:
Douglas Dean Seeley, 398Z South Elati, Englewood, Colorado
Donald Alan Law, 4381 South Shenaan, Englewood, Colorado
Officer Robert Irving, Englewood Police Department
Officer Dan Johnson, Englewood Police Department
Paramedic Dale P. Chavez, Englewood Fire Department
Cheryl law, 4381 South Shenaan, Englewood, Colorado
Lynn Seeley, 398Z South Elati, Englewood
During above testi.ony, the following exhibits were admitted into evidence :
City Exhibit No . 1 -Drivers License of Douglas Dean Seeley with date of birth
of January 4, 1970 .
City Exhibit No . z, Incident report dated Dece.btr Z4, 1987, of the Englewood
Fire Depart .. nt. Said report, signed by Para.edic Chavez, indicated that Doug
Seeley and Don Law re both taken to Swedish Medical Center as a result of an
altercation; further, that blood alcohol level of Doug Steley at Swedish
Med ic al Ctnter was .2 50 .
Hr . Jones was g1v n the opportun ty to cross-tx .. 1nt tach wt tness .
Aut
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Englewood Liquor Licensing Authority -Public Hearing
February 17, 1988-Page 4
Mr. Jones called Mike McCaslin, 3201 South Corona, Englewood, who was duly
sworn. Mr. McCaslin was cross-exa•ined by Detective Collins. Mr . McCaslin
responded to questions of the Authority ~rs.
Discussion ensued concerning continuing the Hearing to conclude testimony
relative to the first purported violation .
..a.El UIGEIS MOVm TO UCESS THl PUBLIC HEAIIIII UNTIL 7:15 P.M. OM MRCH Z,
1111. IEMEl MCLAUal.ll SECCIIID£D.
Ayes: Waddell, Mclaughlin, Boa~n. Lunders, Styes
Nays: None
Abstain: None
Absent : None
Motion carried.
Tht .. et i ng concluded at 11 :10 P·•·
tHy Clerk
Approved by Authority MeMbers April 7, 1988
I . .
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ENGLEWOOD LIQUOR LICENSING AUTHORITY
March Z, 1988
Continuation of
Public Show Cause Hearing
Hilda's Cafe, Inc., d/b/a Blizzard's Lounge, Inc.
The meeting was called to order at 7:15 p.m.
Present: Waddell, Boardman, Lunders, Styes
Absent: Mclaughlin
Also present: Charles Grimm, Assistant City Attorney
Patricia H. Crow, City Clerk.
9
MEMBER LUNDERS MOVED TO REOPEN THE PUILIC HEARIN& OF FEBRUARY 17, 1988, TO
CONSIDER IF THE TAVERN LIQUOR LICENSE TO DISPENSE MALT, VINOUS AND SPIRITUOUS
LIQUOR HELD IY HILDA'S WE, INC., SHOULD IE SUSPEIIDED 01 REVOKED.
Ayes: Waddell, Board.an, lunders, Styes
Nays: None
Abstain: None
Absent : Mclaughlin
Motion carried.
Respondents were represented by Stephen A. Jones; City Presenters were John
Collins and Sgt. Ta. Bock, Englewood Police Oepart .. nt Detectives.
MEMIER MCLAUGHLIN ENTERED THE MEETI. AT 7:25 P.M.
Mr. Jones called the following witnesses to lest fy on behalf of the
R spondents, who re duly sworn:
Ther sa Cordova, 4384 South Broadway, Apart nt No . 3, Englewood
Rene Robbins, 1368 South Kr rfa, Denver
Ott ct tvt John Coll1ns, Englewood Po He Otpar n
Ca n Blizzard, 4619 South l redo Str t, Aurora
Charles Bl zzard. 4619 Sout laredo Str t, Aurora
of bar, as a tttd nto tv d nc during t
in th i tn s.
I .
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Englewood Liquor Licensing Authority-Public Hearing
March 2, 1988 -Page 2
Discussion ensued relative to whether the Authority would determine its
findings on the first allegation prior to hearing evidence regarding the
second alleged offense.
The meeting was recessed at 8:25p .m., reconvened at 8:42p .m. with all
members present . Chairman Styes announced the Authority had determined that
testimony would commence on the alleged offense of January 23, 1988 as stated
in the notice to Respondents dated January 28, 1988 -City Exhibit 6-4 .
Summations would be heard at the end of the second hearing .
Witnesses relative to the first hearing were released.
Mr. Jones stated for the record he would have preferred to have the Authority
deter.ine their findings separately.
Neither Detective Sgt. Bock nor Mr. Jones offered opening statements.
Detective Sgt. Bock called the following witnesses who were duly sworn:
Sean Hillis, Firefighter 3 Para .. dic, Englewood Fire Department
Michael O'Cane, 3437 West Mansfield, Englewood
Julie O'Cane, 3434 West Mansfield, Englewood
Ja..s McGary, 3300 South Logan, Englewood
Melvin Burr, 6310 South Grant Court
Theresa Cordova, 4384 South Broadway, No.3, Englewood
Detective John Collins, Englewood Police Depart .. nt
During Detective Collins' testi~ny , the following additional City Exhibits
wert a~itted into evidence:
City Exhibit 3 -Swedish Medical Center records pertaining to
... rgency treat..nt of J ... s McGary on January Z3, 1918, and hospitalization
records of J ... s McGary for period January Z5 ·Z8, 1988 . Reference was •adt to
the Heaatology Report for date of January Z3, 1918, page Z, which indicated
Ethanol level of 36Z .
City Exhibit 4 -Copy of State of Colorado Liquor License for Hilda's
Cafe, lnc ., ltc nse to t pirt Dec r 31, 1918 at •idnight.
City hlbit 5 • Copy of City of Engl " lt, VInous and
Sp r tuou liquor l1c n t for 43 South 8ro y, Englewood, Color do,
authorized by th Engl..aod Liquor L1t nstng Authority on tht Znd day of
Otc r 1987, lie nst also to expire Dtc.-btr 31, 1988.
"r . Jon s s gh n th o portun ty to cro s -x n ach w tn ss . Th
wttn u r spondtd to qu sttons of lh Author ty.
• Jon ell l • oll ng tn s
ca 11 uar-d, till u r It I •
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Englewood Liquor Licensing Authority -Public Hearing
March 2, 1988 -Page 3
Detective Sgt. Bock had no questions on cross-examination. Ms. Blizzard
responded to questions of the Authority.
Assistant City Attorney Grimm called to Mr. Jones ' attention Section
12-47-110.1 D. of Colorado Revised Statutes. Mr . Jones' was given the
opportunity to read the section and to respond to it if he chose to. Mr.
Jones stated he was aware of the statute, duly advised and ready to continue.
Chain~an Styes requested that both sides limit their closing comments to ten
minutes.
Detective Collins presented closing state~ents on behalf of the City.
Mr. Jones presented closing stateaents on behalf of the Respondent .
The Authority recessed into Executive Session . The .. eting reconvened at
12:20 a .•., March 3, 1988 with all ..-hers present .
MEMEl WADDELL MADE THE FOLLOWIMii MOTJIMI WHJCM WAS SECOIIDED IY MEMIEl
MCLAUIHLIII:
•After due consideration of all evidence presented by all
parties, we find Hilda's co.itted a violation of Stction
12-47-121 cas, on Dtc.-ber Z4, 1917, by servint alcoholic
beveratts to a •inora they furthe~• c-itted a violation
of the State Liquor Enforc.ent a.tulation 47-105.1 by
pe~ittint an apparently intoxicate4 person to loiter within
Hilda's and rOIIIdiness resultint in injury on .January Zl,
1111. Penaltya Suspension of license for a period of six
(I) .onthl all but first thtrty (30) days to be held tn
aiMranc• on condition there are no further vtolattons dur int
the ,..h~er of the Hcense ~ara this 1s to be effecttve
7:00 a.•., Rarch 3, 1111. •
Vote Results:
Ales : Waddell, Mclaughl i n, Boa , Sty s
ays : Lunders
Ab sta ll : n
nt : n
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Englewood liquor licensing Authority -Public Hearing
March 2, 1988 -Page 4
MEMBER LUIGERS MOYm, MEMBER MCLAU&HLIN SECONDm, TO CLOSE THE PUBLIC HEARING.
Ayes: Waddell, Mclaughlin, Boardman, Lunders, Styes
Nays: None
Abstain: None
Absent: None
Motion carried.
The .. eting adjourned at 12:27 a.•. on March 3, 1988.
NOTE: Attached hereto are the approved Findings, Conclusion and Order of
tht Englewood liquor licensing Authority which art hereby
incorporated into the record of the •inutes of the .. etings of the
Authority on February 17, 1988 and March 2, 1988.
Approved by Authority ~rs April 7, 1988
I .
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ENGLEWOOD LIQUOR LICENSING AUTHORITY
PUBLIC HEARING HELD ON FEBRUARY 17, 1988 AND KARCH 2, 1988
CHARLES LAVERNE BLIZZARD
CARMEN DOROTHY BLIZZARD
INDIVIDUALLY AND D/B/A BLIZZARD'S LOUNGE,
FORMERLY D/B/A HILDA'S CAFE
4386 SOUTH BROADWAY
ENGLEWOOD, COLORADO 80110
)
)
INC., )
)
)
)
RESPONDENTS
A public hearing convened in the Council Chambers, Englewood City Hall, 3400
South Elati Street, Englewood, Colorado, on February 17, 1988 and March 2,
1988 at the hours of 8 p.m. and 7:15 p .m. respectively to determine whether
the Tavern Liquor License to Dispense Malt, Vinous, and Spirituous liquor now
held by Respondents should be suspended or revoked.
FINDINGS OF FACT, CONCLUSION AND ORDER OF SUSPENSION
Find i ngs of Fact
1. Mr. John Collins and Sergeant Thomas Bock, Englewood Police Department
Detectives, performed duties as the presenters for the Englewood Police
Department.
Z. Stephen A. Jones, Esqu i re, Attorney at law, Supreme Court Registration No .
8587, represented all of the respondents.
3 . Detectives John Collins and Th~s Bock called the following wi tnesses who
testified under oath substantially and i n sua as follows :
a .
. l .
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b.
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fight started and they were hit with pool cues. He got a cut on his
head, his neck and hands were hurt, and he later was hospitalized.
He identified Theresa Cordova as the bartender who served them the
drinks. On cross-examination by Mr. Jones, Mr. Seeley admitted that
the drivers license he showed Ms. Cordova was a duplicate because the
original was destroyed in the washing machine by his mother. In
March, 1987, he made a false application to Colorado Department Motor
Vehicle for a drivers license because he falsely set forth his date
of birth as January 4, 1969. This false drivers license was
destroyed in the washing machine by his mother but before it was he
had the false and correct drivers license in his possession. Before
returning to Hilda's the second time, he and law probably drank a
6-pack of beer between them and he also had a couple of shots of
blackberry brandy while they watched a movie at law's mother's house.
When Seeley returned to Hilda's he felt like he had a "buzz on• but
he was not intoxicated. He played about 15 games of pool that night,
never raised his voice or swore at anyone or called anyone foul
names. The women who Seeley was playing pool with got angry and
called him names. Seeley just ignored her, but law became agitated.
Despite Seeley's testify ing on direct that he had six or seven
pitchers of beer that night, he admitted having told Detective
Collins at an earlier date that he and law had nine pitchers of beer.
But the number of pitchers they did have couldn't be less than s i x,
but could have been more. Seeley admitted his memory about the fight
may not be accurate. He did see a man take a glass of beer from law
when law started walking out of Hilda 's . After the fight started,
Seeley and law had to fight their way out of Hilda's. There were
about five or six guys on hi m and law. He was not aware of Law
break ing any pool cues. Law and Seeley walked the one block fro
Hilda's to Law's .ather's house where Law's .ather (Seeley's aunt)
called the rescue squad because Seeley had a cut. On walking out of
Hilda 's Seeley told the person who took law's beer that he was under
age. On redirect, Seeley stated that law had paid for the drinks
except for a few "free• ones given to th .. by bartender Cordova .
Also, he confi~d that Ci ty Exhibit 1 as the driver's license he
had shown Cordova.
r 24, 1987, wi th
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bartender) took Law's glass of beer from him, Law asked to finish
drinking the beer and he was allowed to do so.
c. Englewood Police Officer Robert Irving. He testified he had been an
Englewood Police Officer for four years, and on December 24, 1987, he
was on duty as a uniform patrol officer. He and other Englewood
Police Officers were dispatched to 4381 South Sherman Street about
7:30p.m . on Thursday, December 24, 1987. Officer Irving questioned
Douglas Seeley who smelled of alcohol and in the opinion of Officer
Irving, Seeley was intoxicated. Seeley had a cut over his forehead,
top of his head. Seeley told Officer Irving that he got into a fight
at Hilda's and he was "carded" at Hilda's and showed Officer Irving
the drivers license which was City Exhibit No. I. Officer Irving
opined Seeley looked like & teenager and he was extremely
intoxicated. He identified City Exhibit 1 as the license Seeley
showed him which he claimed was the license he showed Cordova.
d. Englewood Police Officer Donald Johnson. He responded to 4381 South
Sherman Street, Englewood, on & call and saw Douglas Seeley and
opined he was very intoxicated. Officer Johnson heard See ey talk
that night and his speech was slurred. Both Seeley and Law said the
disturbance took place in Hilda's. Officer Johnson talked to Rene
Robbins (Hilda's bartender) who told Johnson that he was involved in
breaking up the fight and the two investigators left. Officer
Johnson discovered no indication that Hilda's phoned the police
concerning the disturbance involving Seeley and Law.
e. Englewood Fire Department Firefighter/Paramedic Dale Chavez qualified
as an expert paramedic, and he testified he attended to a 17 year old
male named Seeley on December 24, 1987. City Exhibit 2 -Incident
Report dated December 24, 1987 of the Englewood Fire Department was
entered into the record. He observed that Seeley had a laceration on
the right side of his head, he was awake and alert but he did fall in
and out of consciousness; in fact, he didn't know what time it was.
Paramedic Chavez had to use an a-.onia inhalant to bring Seeley to
consciousness. Seeley s .. lled of the odor of an alcoholic beverage
and Para die Chavez opin d that he as drunk . Seeley did state that
he had five or six beers and tequila. He also had a cut on the right
side of his head and he said he h d been hit by a pool cue.
f .
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is the .at er of Donald l
and n p on
Ms . law 's
cross -e
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h. Theresa Cordova. She worked at Hilda's, 4386 South Broadway, for
about a year before December 24, 1987. On that Christmas Eve she
started work at 3 p.m. and got off work at 7 p .m. She remembers
seeing Seeley and Law coming into the bar about 5:30 to 5:45 p.m.
although it could have been 4:30 or 5:30 p.m. Law came to bar, asked
for a pi tcher of beer and two glasses and she gave them to him at the
bar. She had not then asked Seeley for any identification to show
proof of his age. About the time they ordered another pitcher of
beer and two shots of tequila, Rene Robbins, the other relief
bartender told her that Seeley looked too young and she should make
him show her proof of age. When she brought the pitcher of beer and
two shots of tequila, she di d ask Seeley for his proof of age before
serving them the beer and tequila. Seeley showed her a card that was
either a Colorado drivers license or Colorado identification card.
She saw the birth date thereon was November 13, 1966. During the
time of her bartending at Hilda's she's "carded" quite a few people,
but during the week of December 24, 1987 she thought she had probably
carded three people, but she only carded Seeley on December 24, 1987
and clearly remembers the year of birth on the iden tification Seeley
showed her because she has a son born in 1967 so she knew 1966 would
make Seeley 21. She had seen law in Hilda's before December 24,
1987, but not Seeley. They both came in together. She stated Seeley
and Law had only been served two pitchers and two tequilas. On
cross-examination she stated she never gave free beer to anyone
except perhaps to a "big spender•, that is a person who buys a round
of drinks for everyone in the bar. Rene Robbins, the other bartender
at Hilda 's, told her that Seeley was drinking and should be carded.
There were no disturbance problems while Ms. Cordova was in the bar.
Detective John Collins rested the case concerning tters of December 24, 1987.
4 . Mr . Jones presented the foll i ng. All witnesses called were sworn and
test i fied substantially under oat h i n su as foll s:
a .
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come into the bar from time fight began until Seeley and Law left and
bar closed at 8 p.m.
b. Theresa Cordova. On December 24, 1987, she worked from 3 p.m. to 7
p.m. She saw Seeley and Law when they came into the bar and they had
no trouble standing or talking. During the two hours she saw them
they did not appear visibly intoxicated. They were very pleasant
with her.
c. Rene Robbins. He came on duty as the bartender at Hilda's at
approximately 6:50 p.m. and relieved Theresa Cordova who left 10 or
15 minutes after he got there. He remembers seeing Seeley and Law
there and also remembers seeing them at the hearing at the February
17, 1987 session. There were about 10 to 12 people in the bar then
and most of the activity was in the area of the pool tables. He drew
a diagram of the inside of Hilda's bar, which was received into
evidence as Respondent's Exhibit A. He ~as the only bartender on
duty. He saw Law breaking pool sticks. He told Law to leave and
picked up his beer and started to walk away. law grabbed Robbins by
the shoulder, pul ed Robbins around, grabbed the beer out of his hand
and seemed ready to hit him. Another fellow stepped in to help
Robbins and law hit hi• with a glass. After law hit the fellow
trying to help Robbins, the fight started and Robbins announced that
he was go in g to call the police. After Law hit the fellow helping
Robbins, Seeley then joined in the fight. The wholt fight lasted for
four or five •inutes, moved to the back of the bar and law and Seeley
were taken out of the bar by other people. On the ~ay out Seeley
threatened Robbins by saying that he would cause trouble because they
had served hi•, who ~as a inor. Robb in s phoned his sister about
7:45 p.M. and told her what had happened. (His sister is Can~en
Dorothy Blizzard, co-owner of Hilda's.) Whilt ht was on tht phone
with his sister tht police were at tht door. Robbins didn't think
that Seeley or Law wert drunk whtn he first arr ived at tht bar that
day. Under cross-txiMination, Robbins testified that he did tell
Theresa Cordova to get proof of Seeley's agt btcaust he looked too
young wh ich is why she carded hi•. He did not serve Sttley or Law
anyth ing that night. Ht said the bar closed around 7:30 p.M.
c. Otttctivt John Collins testified ht talked to a lady na.ed Robin
Miller o was identified to hf• by Mr. Blizzard. She told hia that
Seeley and law rt obnoxious and not drun • Mr . Robbins too his
bter a ay and Law eith r ri d or did it Ro b ns on t b c of the h ad.
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came and asked if there was a fight there and Robbins said yes.
Blizzard tried to call Detectives Forington or Bock but was unable to
talk to them. Police phoned Blizzard that evening informing him of
the incident and inquiring who Theresa was, but didn't ask Blizzard
to come and talk to them. Detective Collins later (following Monday)
spent 15 or 20 minutes with Blizzard, Robbins and Cordova, under
cross-examination then left. Blizzard stated he does not remember
telling Detective Collins of threat ffiade by Seeley or others
concerning them serving an underage dr ink er. Blizzard also test ifi ed
as bar owner he is responsible for the bar.
5. Detective John Collins testified in rebuttal that no record of any phone
calls in the Englewood Police Department initiated from Hilda's or any
person working there concerning the events which happened on December 24,
1987 that Seeley or Law were responsible. Also when he served Theresa
Cordova the Summons and Complaint into Arapaho e County Court concerning
these ffiatters, Mr. Blizzard said "that is her problem not mine ."
6 . Sergeant Bock called the following witnesses to testify concerning the
allegations of January 23, 1988:
a . Englewood Fire Department Firefighter III Paramedic Sean Hillis,
testified cs to his qualifications to be a paramedic, and his
familiar ity with determining that persons are under the influence of
alcohol and how to deal with them. On January Z3, 1988, at 6 :3 5 p.m.
he was dispa tched to Hilda 's bar on South Broadway, City of
Englewood, Arapahoe County, Colorado. He treated a James McGary. He
sa w Mr. McGary sitting in a booth and he had abrasions about his face
an d he appeared to have been assaulted. McGary was not cooperative
with Paramedic Hillis who could smell alcohol on hi m, hi s speech ~as
slurred and his observed demeanor showed ht was intoxicated to a very
high level. He transported McGary to the hosp i tal. In i tially McGary
resisted going anywhere so they restrained hi• on a PRAM (portable
bed). Hillis heard some people say McGary fell outside of Hilda 's
and others said he was assaulted inside Hilda's in a bar fight. On
cross-exa ination Hillis testified he first saw McGary sitting in a
booth wit h his h ad leaning on his hands on the table in fron t of
hi•. Hillis defined an abrasio n as a scrape whereas a contusion is a
bruise. McGary smelled of alcohol, was coabative, and level of
consciousness an indica tion of intoxication or h ad inju ry.
b.
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things went on for about thirty minutes. McGary was ask i ng everyone
to buy him a drink and no one would serve him . The bartender Theresa
Cordova would not serve McGary beer . Mr . Blizzard didn 't break up
the fight between O'Kane and McGary because O'Kane op i nes he probably
didn 't see it. McGary was obnoxious with O'Kane, another man and
that man's girl friend . On cross-examination, Mr. O'Kane testified
that McGary had gone outside Hilda's several times; some people said
he had snow and blood on him when he returned to inside Hilda's
although he didn 't see any blood. There ~as a lot of noise, the juke
box was playing, the establ ishment was very bu sy.
c. Julie O'Kane test i fied that she accompanied her husband to Hi lda 's on
January 23, 19B8 , and she i dent i fied a person in the spectator
section of the hearing room (Hr. J i m McGary) as the person her
husband pushed to the floor. She s ai d there were about 65 to 76
people i n the bar th at ni ght . She t hou ght McGary had too muc h to
dr i nk and was trying to get hi s wi ts t oge t her . In addi t io n to her
husband O'Kane throw i ng McGary to t he floor l ater on , Mel vi n Burr
earli er had pu shed McG ary and Mc Ga ry fe ll down t o the flo or . Wh en
th i s i ncident ha ppened , Mr . Char les Bliz za r d was not i n th e bar and
The res a Co r dova was i n the back. McG ary was into xi cat ed i n her
op i nio n. Und er cross-examina t io n, Mrs. O'Kan e stated McGary was n't a
particular problem unti l he started bothering he r husband. She also
was of the opinion tha t she, i f i n Theres a 's plac e , woul d have acte d
the same wa y. She though t it was Hr . Blizzard wh o called the police.
d . Jame s McGary tes t ified tha t on anu ary 23, 1988 he wen t t o Hild a 's
bar aft er he ha d gone to see a friend i n Auro ra. He and Mil o Bur r
went togethe r t o Hild a 's. McCar y bfgan dr inkin g at 10 o'cloc k i n th e
.orning tha t day an d cons d at leas t a t welv e pa ck of bee r , of
nat ur al ligh t bee r . He was "three s eets • he n he go t to Hi l da 's and
dra nk a "Bu d" (beer) at H1ld a 's. Cary spen t S7 or S8 on bee r so he
ha d to have six or se en bfers at Hilda's because bee r at Hild a 's
cos t one dollar or so. McCary ad no ry of fa lling aslee p th at
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nigh t . He does t r playing a g of poo l an d ta l kin g to Me l vin
Burr . He does no t rec all ary incident with "r . O'K ane. On Sunday,
January 24, 1981, thad wo seizures and returned to the hospit al.
The docto r to d hi• t at e got i t in the bac k of t he head and ht
had a blood clot o er his left eye . He as in tht rgtncy rooa for
10 hours on January 23, 1988. He as not on ary -.dication on
January 23, 1988 , ad ne er pre to sly suffered fra. stro es or
s 1zur s, and t as hi s full 5tt of t • On cross-ex 1nation,
Gary a it td t at as a alco ol pro 1 , and cons d a lot of
alco ol on Jan ry Z3, 1988 as 11 as t day btfor • H doesn't
r r tal i g o 0' ant or going outside H lda's. H do s not
r r tal ng to Otttctt t Collins in the hospital and does not
r r telling Ott c tve Collins t h d fi t dollars n nt
to H lda's and thr dollars t t n t rning nor that ht ad six
cans of bt r before going to H ld a 's inst ad of lZ. Ht d s not hav
any dical insurance and 1s os tal bills art no~us.
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seventy-five people in the bar. At one time, because he was
concerned McGary was going to cause trouble, he grabbed McGary and
threw him aside and he fell to the floor. He saw the paramedics come
and try and take care of McGary.
f. Theresa Cordova testified she was employed as a bartender at Hilda's
but had not been employed by Hilda's for the last three or four
weeks. On January 23, 1988, she worked from 9:30 to 6:30. Hilda's
was least crowded between 9:30a .m. to 2:30p.m., and became very
crowded from 2:30 to 6:30 p.•. when there were about SO to 60 people
in the bar. About 6:30p.m. Rene Robbins came on duty to relieve
Cordova. The Blizzards come to the bar about 6 or 6:15p .m., until
that time she was alone at the bar. Cordova saw McGary come into the
bar about 4 or 4:30 p.m. wi th Milo Burr. McGary asked Cordova for a
beer but she ignored him as she thought he was already intoxicated.
He sat down in a booth and dozed on and off . Cordova knows McGary
because he came in some months before and she would not serve him a
beer that he asked for at that time because he was too drunk, and he
called her a "bitch." Milo (Burr) assured her he would get him out.
While she was on duty she di d not personally see any f ight s that day.
She stated she did not serve McGary anything that day. She denied
telling Detective Collins that McGary ~a s dr inkin g draws tha t nigh t .
She did tell Collins that draws were what McGary drinks.
g. Detect iv e John Collins test i fied that he investigated the assault
occurr in g i n Hilda's on January 23, 1988. The ~atter came to his
attention because Englewood Pollee Office r Dian a Williams phoned him
registering a complaint from Hr. McGary's wife abou t McGary getting
hurt In Hilda's and i n cr i t ic al condition In the hosp i tal. Detec tive
Col li ns ' in vest ig at io n revealed that Swtdlsh Hosp i tal perfon.ed a
blood alcohol test u~on McGary wh ich showed a blood alcoho l ethanal
level of .3621 wh ic h I s over three t l .. s the l.g al liait. This was
not a breath test but a blood test. en ht talked to Theres a
Cordo a at the bar on January 27, 1981, she told Ia tha t she saw
McGary come i n the ba r, and he was •ttpsy,• then she qualified that
by saying a "little tipsy.• In respo st to Detective Collins'
question to he r about what McGary as drfn tng, s e r plted, "draws.•
On cross ·ex a lnatfon, he test ified t t Mr . Blizzard call d and
reported he atter to the Engl Pol le t De ar nt at 6:36 p.a.;
that he didn't kn if a non ·alco ol s ab as used to t t the blood
test at S edtsh; that Hr . McGary told I • t r nd r s a te
and that en Gary left tht o st d f t ·e dollars nd h d t
dollars left; also t at Gary d said ad Jfl
got to H lda 's.
Serg ant Bock introduced t t foll lng tn o t d •
the Authority:
Cfty Exhtbft 3 -S dtsh te al R ord•
hospitalization; and H tology r port on
through 28, 1988 . Tht H tology R port
p rt nt g • .362).
Ctty E hfbtt 4 • Co y of Mt ld 's Caf ,
Ltc nst expiring on Ot r 31, l
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• St
htd by
-tre,~t:y tr a n ,
rtod January U
1 of Z ( tn
ll r
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City Exhibit 5 -Copy of City of Englewood liquor license for Hilda's also
expiring on December 31, 1988.
7. Hr. Jones called:
a. Mrs. Carmen Blizzard who testified that she got to the bar about 6
p.•. on January 23, 1988. She saw there was more business than
normal. Theresa Cordova was there but Rene Robbins was not. Theresa
told her that she had been too busy to call Mrs. Blizzard for help.
She saw blood on McGary and he was sitting in a booth. A customer
said McGary got hit but no one had alerted her that anything was
unusual. She told her husband that he should call the paramedics
(911). With Mr. Blizzard's assistance the di .. nsions of the interior
of Hilda's was added to the drawing of the bar.
Conclusions
After considering all of the evidence, the testimony of all of the witnesses
and resolving all controverted questions of facts, the Authority concludes that:
1. On Deca.ber 24, 1987, Theresa Cordova, the bartender at Hilda's Cafe,
Inc., served intoxicating liquor to Mr. Douglas Dean Seeley, 1 patron
inside Hilda's Cafe, Inc. Mr. Seeley was a •tnor, whose date of birth was
January 4, 1970. This was a violation of Section 12-47-128, Colorado Revised Statutes .
2. On January Zl, 1981, the licensees of Hilda's Cafe, Inc ., violated the
standards required in Colorado State liquor Enforc ... nt Regulation
47 -105.1 by not adequately conducting the licensed pra-ises i n a decent,
orderly, and respectable .. nner which resulted in pen~itttng an apparently
intoxicated person to loiter UPGft the licensed preaises o acted rowdy
toward other patrons by using profanity toward the wife of one and
agitated other patrons resulting In one of th throwing hi• to the floor
and another pushing hi , causing hi• to fall to the floor •
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ENGLEWOOD LIQUOR LICENSING AUTHORITY
MARCH 16, 1988
The regular meeting of the Englewood liquor licensing Authority was called to order by Chairman Styes at 7:30 p.m.
Present: Waddell, Mclaughlin, Lunders, Styes
Absent: Board•an
A quorum was present.
Also present: Charles Grt .. , Assistant City Attorney
Patricia H. Crow, City Clerk
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MEMBER WADDELL MOVED, MEMBER LUNDERS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETINii OF MAlCH Z, 1981.
Ayes : Waddell, Mclaughlin, lunders, Styes Nays : None
Abstain: None
Absent: Boardaan
Motion carried.
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MEMBER MCLAUIHLIN MOVED, WADDELL SECONDED, TO APPHYE 11ft COitPOUTE STIIUCTUIE
CHAN6E OF THC LIQUOI lAIII, INC. , 4415 SOUTH IIOADMAY.
Ayes : Waddell, Mclaughlin, Lunders, Styes Nays : None
Absta t n: one
Abs nl : Boardllan
Mot i on carri ed .
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Englewood Liquor Licensing Authority
March 16, 1988 -Page 2
BUILDING AND SAFETY DIVISION.
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Ayes: Waddell, Mclaughlin, Lunders, Styes
Nays: None
Abstain: None
Absent : Boardman
Motion carried.
* * * * *
The letter from State Liquor Enforcement Division regarding restoration of
State Liquor Enforcement Investigators was considered.
MEMBER LUNDERS MOVED, MEMBER WADDELL SECONDED, TO REFER THE KAlTER TO THE
ASSISTANT CITY ATTORNEY TO COMPLETE AND SUBMIT AT HIS DISCRETION.
Ayes: Waddell, Mclaughlin, Lunders, Styes
Nays: None
Abstain: None
Absent: Boardman
Motion carried.
* * * * *
The Manager Registration of Gary S. Welsh, 7-11, 1277 E. Hampden Avenue, was
considered. The matter was tabled until additional information can be
received from the Police Department.
* * * * *
The regular meeting of the Authority recessed at 7:50 p.•. and reconvened at
8:00p.M. with Members Waddell, Mclaughlin, lund rs , and Styes present.
* * * * *
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Englewood liquor licensing Authority
March 16, 1988 -Page 3
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concerning the reports and the surveillance. He re•tnded Mr. Garcia that the
liquor licensing Authority does not deal with the Investigations of these
a~tters, only with the results of the Investigations. Detective John Collins
responded to Mr . Garcia's co..ents. Mr . Garcia was r .. tnded of the i~ortance
of working with the Pollee Depart .. nt and of notifying the pollee whenever
their assistance could be helpful tn the proper •anagement of the Magnet Inn.
* * * * *
MEMER NCLAU&HLJII MOVED, MEMER WADDELL SECOfi)ED, TO AD.JOURII. The .. ettng
adjourned at 8:30 p.•.
Approved by Authority Members April 7, 1988
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ENGLEWOOD HOUSING AUTHORITY 9
Annual ,_eting
The Annual ,.._ting of' th• Engl-od Housing Authority
Board of' Co•Miss1oners Mas called order at 6a50 P·•· on
February 24, 1998, at Si.-on C•nter, 3333 South Lincoln
Str .. t, Englewood, Colorado, 80110, by Ohair•an Tho .. s
J. Burns.
"--ber s Present1 Tho .. • J. Burns, Chair•an
Bradl•y L. Z1.g, Vic• Chatr .. n
Nor a-n Norden, co .. tssioner
Sary L. Kozacek, Co .. issioner
Ray J. 8erl1n, Co .. lsstoner
None
Alan "· Fetnstetn. Ewec. Dtrector
"ary A. Ryan, Recording Secretary
rl .. n
l~lly
a nut
ai-r stated thet h r last nee. had ~
and that she MOuld 1 tke the
.,
chaf'IQed
to re 1
l n
ta
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f-h,, t "
-~2~ l _s
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,,,-,,,~J Meet t ll'l
Br t.ef d1scuss1on ensutl!d rev•rdHlg ch•nging the dete of
the Annual Keet 1ng and th• st•rting t1~ o f the Study
Sess1o n of the Reg u lar Keet1ngs.
IT WA MOVED BY BRADLEY L. 2 IEG TO CHAIIEE THE DATE OF THE ANNUAL
ME E llN TO THE LAST WEDNESDAY IN JANUARY EACH YEAR. GARY L. OZACEJ(
~ECONDEO THE MOTION.
A s :
'J .
Burns, Z 1eg, No r den, oz•cek, S.rl1n
None
d: None
N n e
~II -
• .. , fl, N I • lln
Tn c ,.,
, -
Tl T l
AH T
GARY
OFT
START I
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EHA BOC An n ual 1'1@eting
0 2 /2<tl 88
~!I~
IT WAS ..avED BY GARY L. KOZACEK TO APPRO\oiE THE ENBLEWOOD HOUSINB
AUTHORITY ORGANIZATIONAL GOALS FOR FY 88 AS PRESENTED. NOALEEN
NORDEN SECONDED THE NlT I ON.
Ay es:
Nays :
Abstained:
Absen t :
VI .
Burns, Z1eg, Norden, Kozacek, Berl1n
None
None
None
The OhAl r ~an d~la r ed the .at1on carr i ad.
The EKecutive Di r ~tor revi~ ttt. Envl_,od Housinv
Author1ty op•r•ttnq budQets ~or FY 87. Actual totAls
~or lane i t .. s And provr ... plus totAl VAri•nc .. Mere
da scu s wed b r tefly.
IT WAS I'IOVED BY NORLEEN NORDEN TO AD.JtaJRN THE ANNUAL PE.ETINB OF THE
EWOOO HOUSING AUTHORITY HELD FEBRUARY 2 1t, 1~.
A 5 1
N4t ysa
Abs t tf'ed l
Ab n 1
Bu rns . Z teq, No rd n, oz
No ne
None
No
, ~hn
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ENBLEWooo Kll.JSIN& AUTHORITY
Board 0~ eo-··•to.-.rs
Th• R-vular .... tii"'Q o~ tM E1"1Ql~ HousiriQ Authority Board
o~ Co-issiorwrs -• callH to orct.r at 7130 P·•· on
F41bruary 2ft, 1988, at Si.,n c.ntM", 3333 South Lincoln
Str-t, EI"'QI-.ood, Colorado, 80110, by ~air .. n '"'-• :J.
Burns.
Also Pr--.nta
'"'-• 3. Burn., 0\air-n
BrHI-v L. Zl~, Vic• ~air .. n
Norl-Norct.n, Co.aisslorwr
8.ary L. Kozac .. , Co.alsslorwr
Ray :J. Bltrlln, Co.al-lo...-
Alan "· F•lnste n, E•ecutlYe Dlrecto
,...ry A. Ryan, Rllcordlno llllcr•tary
Norl-Pal-.r statH that het-last na.e had .,_. l~ally
c hai"'Qed to Norct.n and that tlhe -.ad l ik• the •kn&~te. to re~l t tha ~ t.
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I:HA BOC Reou tar ....,, lnv
OP./f!it/88
IT WAS
11EETIN&
:JANJARy
ZIEG.
Av•••
N.ysa
..wED BY N1JRLEEN .........
OF ll4E EI&..DIDOD HDUan•
;n, t988, M a:auccTED.
TO M!'fiRINE ll4E ftiNUlQ OF ll4E REa• M ~lTV _..., IF CU..I-IGEM HELD
ll4E ,_,TIC.. MMI 8EUMaD BY ., .. EY L.
Burns, Zleo, NDrcNn, llwrlln -... Abstairwch
Abswnta
Koaac• -...
rv.
v.
Vl.
Thw D\alraan ct.clerM the -.atlon cerrlM.
Ylii!UM
Thero -• no vial toro act.dulM or Ul-.c;t ••wlM .._ at--....,
the ,._..ler .... u .. o~ the E .. a-... HDuat"' Au~lty -..ret
of C:O..iaalotwra held ~-naery M, .....
The E-.c:uUve Director r..-rtect "'-' evtcUon ..-oc .... a,..
•r• .-nctlnw for • ~••• f .. aay "'-' ~ ~... •
.. rlevenco heart"' co~t .. "'-ro._._ ~or W. '-"-l~WUor
of' their public houoh'Q aoalote •· The vrleve • heeri"'
is currwntly achoduiM for fterch 3, 1988.
Thw • utavw Dlr to nfo .... the
appropraato Nr tton -..untc etlon
f a Ia .. ldlf'O an ..., protNirU tftf'orot
'• etup and plano fo thear retttet ""
A.
EHA BOC RegulAr "-eting
0 2/24/88
NOTE:
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Durinv thtt Study S..sion pr.c~ing thtt ~l•r
.... tlnv of' thtt ElM Bo•rd of' Co-issiorwrs httld
F.Oru.ry i!tt, 1.._, RDbb Short, R.t!Ab &up.rvl-r
.. -a dlttaal• ••••nation of' the r•a-na the
E-.1-.oct ...,._1"-Code .e-.ld be recognized aloftll
•i~ the IWNia Code. ttr. atort inf'or .... the
c-issiorwrs ~t Ute...,_... Code had.,_.. in u.e
since l«r7'r. ... stat.d th•t in recent ~rs, •l~
the Cheftlli"V of' MM!lnlstratlon in thtt Bui ldii"'Q •nd
S.f'ety Division, the fWNb Code had generally not
.,_.. u_... l n f' avor of' the ttou. i nv Code •nd thtt
U.B.C. This h4MI c-...d -probl-•l~
conalstency bet...., ttw "-hall staf'f', ..._, .rlte
.-c=if'ications f'or thtt projects and the Bulldli"'Q
Division .no r•va .. and i~t ttw projects. It
-ttw reca_•.,...tlon of' the st•f'f' that thtt
MIMI• i 1"1Q Code be recovnl z... ln add l t ion to the
A.hab Code sine• both codes ..,.._ • purpose and
~ld not ~ ef'f'ort• to provldlt r...., and
r..,•ir.
IT WAS ..:NED BV &ARV L. kCJZACE)( TO IECOBIUZE '0£ fJifl EMJOD HOUBU8 COllE IN
ADDITION TO 1lE REHAB COllE. INORl..EEJI NlMDEN llfhlNIIED 1lE ..:JTION.
'\yes:
AYSI
Abstaanedr
Ab_,tr
The aar-n declar• ttw -tlon carr ed.
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EHA BOC Re gul ar "eettng
02/24/88
It was the rec~ation o~ EHA sta~~ at this ti .. to
•xclude ~ro• that reco ... ~ .. nual sivnatur• policy
additional checks• speci~ically, tho-check• Mritt.n
to the D.nvwr LUII!ber Co.pany and ctwckw Mrltt•n to
First lnterwtat• Bank A.al Ewtat• Loan Dept. ~or r .. l
estat• loan pav-entw. The Board o~ CO..lwwionerw
decided avainst •xcludii"'Q check• .-itt.., to the o.nv.r
Lullbttr eo..,any but avr~ that ct.cks .-itt.., to Firwt
lnterstat• Bank A.al Ewtat• Loan Dept. ~or r .. l -tat.
loan pay-.nts should be ••cl~ ~r~ the .. nual
s iQnatur• policy.
!!QI!m!
IT WAS f'tOVED BV BRADLEY L. Z IE& TO~ THE NEIDEhT TO REBOLUTION NO.
:5, SERIES OF 198:5, ADDINB TO THE LIST OF DtE'DCS WHIDt ~ IS8UED ON A
REGULARLV OCCUARJNB IM&IS, Mm TMUS EICLUDI-A11M THE ,..._ 81-T'UFE
POL I CV WHICH WAS 1ltE RECU •IEJCiATION OF DIRt F'MOIJD HIJU& INB MITMJRI TY
AUDITORS LEHPtAN BUTTERWIDC &. CD ., P.C., THOBE DtEDCS WRITTEN TO FIRST
JNT RSTAT BAN< OF ENBl EMlOO FOR REAL ESTATE l.OMI Pf'VIENT& WHIDt ARE IN Mt
~T XCEED J NG •t 000. NDAL.EEN toiJRDEJi II£CONDED THE fUJ u ...
Ay
Hiay I
Abstauwch
Ab nta
Bu rns, Z at19, NDrct.n, Kozaca , lierl i n
NDrw
NDrw
No rw
Th • Ohaa r .. n declar ed th• ~taon c ar ri ed .
a l Allpor t •
3 1, • ...,.
I an
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EHA B0C Reg u lAr ~ting
'2/24/BB
V III.
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Not.ct with bri•'f diM:ussion -• t,_ NNRl Public Housing
•nd Co-.nity O.V.l~t Co-lsslotwrs Tr•lnlng, 11WRJ
C.l•nd•r, •nd •wt..r•• Articl-'fro. Engl-.t &.ntlrwl det.ct
02/17188. Ex~utlv. Dir~tor F•i~t•ln pr-..nt.ct en ertlcl•
'fro. th• Feru•ry 21t, 19811 o.n_. Post Mttitl.ct, •Pr...,_l
Would Conwtrt For~lo..al ...., ..,.._ into L~lnc-.__tng•.
L•ngthy discussion ~ r-verdlng this erticl• end ~
propo-1 pr-..nt.ct in i t.
~-D!~IUI!
A. C2wlUlVM!:.:.._~~-
eo-assiorwr Zi-v stat.ct that '-had --. conc.rn.
about WAND doc~tetlon. eo..t-lorwr Zl-v stet.ct
that ,_ would Ilk• to -an ad hoc c-itte. f'or-.cl
co~a s t i ng of' EHA Board o'f eo-tsslorwr -•'-• to -r•
c lo-ly -nltor t,_ WMe project, ..tr• ......,.uo._
conc~ning ~ WMe project, •nd r-..ort to the 8Derd of'
eo-tsslorwrs at t'-r-vuler -.tl ... on the p rovr-
•nd status o'f the WMe proj~t.
IT WAS l'tOYED 8V IRAIIl..EV L. Z I E8 TO EST.-a_ IBH M M HOC C'DMI
CONSISTINB OF AT l.EMT niO YOLUNYEERS ,... THE OR f'MJim ...... MlnelltiTY
BOARD OF COfMI881GERS TO .... ITOR, I , Mm AEPDRT TO
EHA B0Mm OF CDMIB& I ON 8M'V SEI~--~ T "DTION.
Av
Nav •
Absta&nedt
Ab ntr
~ ~. za-v, No den, oz
Norw
Norw
I an
ta
hn
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t ~:; Br-'-J J l a ' Mee 1 ng
~.t2'2 /~
B. D1rec t o r • s Chc•1ce
E x ec u t ive Di r ector Fwinstein h•d nothinQ to pre .. nt
during th1s po rt 1o n of the -.eting.
eQJ9~~r
IT WAS MOVEO BY GARY L . OZACE TO ADJ'OURN THE REGULAR I'£ETIN6 OF THE
EN "'LEW 0 HOUS ING AUTHORITY ~D OF CClPW'IISSIONERS HELD FEBRUARY 24, 1988.
Ayes :
avs :
b s t 11ed:
l'b en :
Burn , Zieg, No rden, ~oz•ce , Ber lin
Nc>n@
Nore
No n•
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ENGLEWOOD URBAN RENEWAL AUTHORITY
MARCH 2 , 1988
I . CALL TO ORDER .
Q
The regular meeting of the Englewood Urban Renewal Authority was called to order at 5:45 P.M. by Chairman Robert Yoth.
Members present: Cole, Mcintyre, Totton, VanDyke, Voth
Hinson, Executive Director/Executive Secretary
H mbers absent: Keena, Minnick, Daugherty, Hanson
Al so present: Harold Stitt, Assistant to the EURA Director
Densel Ragland, Director of Engineering Services
Greg Johnson, Bond Counsel fro. Kutak, Rock & Campbell City Manager McCown
II.
Penny Dietrich, Executive Director of the EDDA
Rita Hathaway , Ci ty Council M mber
C a1 an Yoth stated tha he Mtnu es of february 3 , 198.8 re to be con -Std red for approval .
T
Ill.
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ruary 3 , 1988 be approved a s
• Col abs 1 nlng .
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Hr. Hinson stated that the figure of $788,000 represents the funds that were
available to the City Council to loan to the Authority at this point in time;
the loan becomes effective when the funds are drawn on, and the notes would be
issued at that time. The Authority has estiaated that by June of 1g88, the
total additional funds needed would be approxi•ately $950,000 .
Hs. VanDyke asked if the City ~re to loan additional funds to the Author ity
at a later point in time, would a new loan agree.ent have to be drafted, or
could it be accomplished by an aMend~nt to the docu~nt before the Authority
now. Hr. Johnson stated that future loans fra. the City could be accomplishe d with an amendment to the existing document.
Hr . Johnson stated that he and his fin. have acted as bond counsel for the
Authority for some period of time, and handled the first bond issue in 1985 ,
and also the bond refunding issue in 1985 . When the initial bond Issues were
done, the option to have subordinate debts was created, wh ich ~ans that the
repa)'lllent of the bonds will have top priority , and the C it.y wi 11 assu~~~e the
subordinate posit i on on repay.ent of the funds loaned to the Authority. In
following the subordinate debt scenario, the Authority does not have to go
back to the bond holders so long as the repay.ent is li•ited to the •excess•
tax incre~n t funds over and above the funds needed to service the bond issue .
Hr. John Scott and Ms. Rosemary LaPorta entered the meeting .
Hr . Johnson further discussed the repa~nt of the loan to th City, stating
that in the event tax incr~nt funds In excess of those need d to servic
bonds are not available, the pa~nts of principal and Inter st to th City
will be deferred, but Interest will continu to accrue. Th Agr nt does
not preclude the EURA fro. using funds fro. other sources, sue as land sal s ,
to repay the loan to the City . Or, if a bond refunding fs don 1n t e future ,
the City aay be repaid with funds fro. t refunding. T Is loan agree.ent s
structured so th d bt ca be repaid a any tf . Mr . Johnson sta ed that a
financing stat--.nt will have to signed, and will be fll d w t cr • tary of State's Office .
Discussion ensu.d. r . Totton asked If rstood cor,-.ctl
will s 111 be able to refund bonds at a lat r date, and could a
at a tf . Jonson stated t a t Is s correct .
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1r. oth asked the pleasure of the Authority on the Subordinate Debt Document .
Totton moved:
Cole seconded: The Englewood Urban Renewal Authority approve and adopt
Resolution 14, Series of 1988, A RESOLUTION OF THE BOARD OF
COIIUSSIOIIERS OF THE EII&LEVOOO lltiM 1E11E1W. AUTHORITY AU-
THORIZING, APPROVING MD DIRECTING A IORROWING FROII THE
CITY OF EII&LEVOOD, COLORADO IN A IIAIIU PRINCIPAL MOUNT
OF $788,000 TO BE EVIDENCED BY ONE OR MORE INSTRtiiENTS
DESIGNATm AS •EJI&LEVOOO IJtBAII RENEWAL AUTHORITY, SUBORDI-
NATE TAX INCREMENT REVDIJE NOTES (EII&LEVOOO DOWNTOWN RE-
DEVELOPMENT PROJECT) SERIES 1988A,• TO FINANCE CERTAIN
PUBLIC I"PROVEJIENTS MD tii)ERTAICINGS IN COIINECTIOII WITH THE
•EJI&LEVOOO DOWNTOWN REDEVELOPMENT PROJECT, • Alt URBAII RENEW-
AL PROJECT BEING tii)ERTAICEJI BY THE AUTHORITY PURSUANT TO
THE •EJI&LEVOOO DOWNTOWN REDEVELOPMENT PLAit. •
AYES:
NAYS: ~Intyre , Totton, VanDyke, Voth, Cole, Keena None
ABSENT: "innick
ABSTAIN: one
The motion carried .
IV.
"r. HinsLn stated that "r . John Scott had asked to address t e Aut or ty on
the propo sed place.ent of his Indian sculpture along Little Dry Cr e as part of the overall beau if cation progra .
Council r Hathaway stated that she has been involved in d1scussions wi t
r. John Scott regard i ng t plac nt of his sculp ure, and in roduced "r . Sco t and "s . Ros ar LaPorta.
"s . LaPorta stated tha sh s Presid nt of th £ngl Cultural Center.
Sh has done a study of th Ind i an tribes that re Indigenous to th ts ar a,
Scott 's sculpture is an historic repres ntation
old wa s d tsco r d alo g Little Dry Cr , and
of t lndi n culptur part of t L t l Dry
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Ms. Daugherty entered the meeting at 6:20 p .m. and took her chair wi th the Authority.
Mr. Scott stated that a rough estimate of S24 ,000 has been given for the i n-
s tallation of the iron fence posts, log chain fence , and other amenities he
has proposed for the placement of the sculpture. This would include flood
ligh ts to light the area at night and meditation benches .
Ms. VanDyke commended Mr. Scott on the sculpture and his efforts to find a
location for the sculpture. Discussion ensued .
Mr. Hinson stated that place.ent of the sculpture as part of the Little Dry
Creek beautification program should be considered by the EURA and City Counc il
jointly as all amenities in the project have been considered . Mr . Hinson
pointed out that the amen i ties would have to tie into the other improvements along Little Dry Creek.
The grade of the penin sul a area considered for place.ent of the sculpture wa s
discussed. Ms. Ragland stated that th is are a will be filled to street grade ,
and will be out of the flood plain. Further br ief discussion ensued. Mr .
Voth stated that if the space is available to accommodate the diorama propose d by Hr. Scott, he is of the opinion it Is a good idea.
eena mov d:
Cole second d: The Urban Renewal Authority recommend that City Council
consider the placeMent of the Indian sc ulpture done by Mr.
John Scott as part of th Little Dry Creek amenities 1n
peninsula area just west of South Broadway .
YanDy e. Yoth , Cole, K en a , Intyre
Y. ll 01 lltltEYOCAILE LEASE
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~ un i Member Habenicht entered the meeting.
Ms. Keena asked if there is any guarantee that Linear will accept this assign -
ment. Mr. Hinson stated that the assignment will be the "right" to erect a
sign at this location, and the installation must be tied to the redeveloptnent agreement with Linear.
Mr. Mcintyre asked if the installation of the sign still has to be approved by
the State. Mr . Hinson stated that this is correct. The Attorney General's
Office has been contacted and is considering this request, because the State
has the right to approve or disapprove placement of signs within 660 feet from
the right-of-way of a State Highway. Mr . Hinson stated that it is hoped an
answer would be coming from the Attorney General's Office within the next week or two. Brief discussion ensued.
Totton moved:
Keena seconded: The Englewood Urban Renewal Authority approve the CONTRACT
fOil INfORMTJotW. STRUCTURE PUISUMT TO All lllfYOCAILE LICENSE.
AYES :
NAYS: Totton, VanDyke, Voth, Cole, Keena , Mcintyre None
ABSENT: Minnick
ABSTAIN: None
The mot i on carr i ed .
VI.
Mr . Hinson r 1 th Fi nane al R ports for t Authority , and po t nttd out
e accounts i ch are an.arked for the retainag fr RBI and reta i n fr ltll ard I Clar .
VII.
t
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general walk through of the project, and the start -up date for completion of
the work is slated for April 2. Mr . Hinson stated that he will have a punch
list of items to be completed by RBI at the next regular meeting.
Mrs. Cole asked how much remained to be done. Ms. Ragland estimated about
S25,000 worth of work, primarily miscellaneous items.
Council member Kozacek entered the meeting .
IX. LINCOR PROPERTIES OF COLORADO, INC.
Progress Report
Mr. Hinson stated that lincor representatives have been showing the site to
possible financing agencies . The lease with the anchor tenant is being nego-
tiated and construction drawing s have been received.
Mr. Totton inquired about the parking situation on the site. Mr. Hinson
stated that the proper nUMber of spaces are provided on-site. Ms . Ragland
displayed the parking and traffic flow plan for the lincor Development , and
discussed treatment of Girard Place to handle the traffic. Ms . Ragland sta ed
that three lanes are proposed, with the two exterior lanes being used by
through traffic, and the center lane will be used for turn ing move.en s. A
four -way stop will be installed at the in tersection of Girard Place with t e
exit from City Hall parking lot, and ra ised medians will be used at the
Girard/Cherokee/Englewood Parkway in te rsection to direct traffic .
Council member Kozace expressed his conce rns regarding the turn ng radius for
delivery trucks . Mr. ozace further discussed the restriction of true traf-
fic through the re sid ntlal area north of Floyd Avenue .
Ms . Ragland stated that W st Girard Place will have to be signed to eli•ina e
use by deliv ry trues because the G1rard Place /Ch rokee /Engle.ood Par way
intersec tion dians will not acca..odate turning .av nts by large vehi cles .
Counc1l
ing .
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Xl. E.
Coast -to-Coast Hardware were concern ed that they might not be allowed a load-
ing zone on South Banno ck Street, but this concern has been resolved, and a loading zone has been approved .
Mr . Hinson stated that it is his understanding that JWM Properties has
rece i ved bids to reMOdel the structures, but the issue of the ground lease with the City of Englewood needs to be resolved.
X II • LAWSUIT UPOA TE.
Mr . Hinson reported that on the Mountain Bell case the City and fURA have to
have their final arguments submitted by March 15. Mountain Bell has two week s to respond, and the Judge will then ~ke his determination .
Mr. Hinson reported on the Physical Whi msic al case, which was heard last week .
Four days were devoted to presenting testi~ny and evidence, and the fifth day
was devoted to closing arguments . It had been previously ruled that Physical
Whi sic al had no right to any leasehold interest in the property, so they had
pursued rei ursement on the cost of the fixtures they had placed in the
building. A large list of fixtures was compiled by the officers of Physical
f sical, but no cost figures were included. The valuation determination
ca In at 126 1,61 9.85, and the value of equiP~ent purchased by Mr . flinoff was es I t d at 122 ,500 .
Mr . Hinson sta ed that the Authority has approximately S95,000 on deposit for
this case. In th deten.ination of the Court, it is the responsibility of
fURA to d posit the a~unt of the award with the Court . Mr . Hinson offered
he opinion to the fURA that n JWM Properties accepted the deed to Trolley
Squar froa Mr . Brady in lieu of fore closure, they also accepted the respon -
slbfl f s h had agreed to regarding pa n of judgments, court costs, etc .
. H n on s ated that th fURA legal couns 1 has briefly conferred with J
al cou s 1, and that he will be ettng with our attorn yon March 4.
Aut rt
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Members of the Authority and City Council then met in an informal discussion following adjournment of the formal ~eting.
Gert~ude G. Welty
Recording Secretary
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I. CAll TO ORDER.
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BOARD OF ADJUSTMENT AND APPEALS
March 9, 1988
The regular meeting of the Englewood Board of Adjustment and Appeals was called to order at 7:30 P.M . by Chairman Welker .
r.
Members present: Seymour, George, Lighthall, Welker, Doyle, Shaffer, WaldMan
Members absent: None
Also present: D. A. Romans, Staff Advisor
Mary Alice Rothweiler, Planner
Nancy Reid, Assistant City Attorney
Walter Groditski, Code Ad.inistrator
Cary Yoder, Chief Building Inspector
Chairman Welker stated that there were seven ~rs of the Board present, and
five affi~tive votes would be required to grant approval of any variance request before the Board.
II.
Chairman Welker stated t a t
sidered for approval.
S .)'IIOUr JIOVed:
Lt ghthall second d :
All .oers voted fn
approved as writt n.
1ft t I ft
ll · nd Ca
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o f uar 10, 1988, re to be con -
appro ed as
c r ruled the Minutes
o F t c ll· ndC J .
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IV. CONV ESTCO
4890 South Broadway CAS E 14-88
Chairman Welker declared the Public Hearing on Case 14-88 open. Hr . Welker
stated that he had a copy of the verification of publication giving notice of
the Public Hearing. Hr. Welker asked that the staff present the case .
Mary Alice Rothweiler was sworn in and testified that she is a Planner in the
Department of Community Dev elo pment . Mrs . Rothweiler s ated that the req uest
before the Board of Adjustment and Appeals is an appeal from §3306p of the
1985 Uniform Building Code, which section requires a headroom clearance of
6 '6 " over stairways. The property in que sti on is 4890 South Broadway; the
applicant is Convestco, and the property owner is Quaker State Minit -Lube, Inc.
Ch airman Wel r as d the applicant to present his case .
Mr . Robert Grant was sworn in, and presented Exhibit 11, which is a typewr it-
ten response o the staff report. Mr. Grant stated that the applicant is
requesting a variance fro the prov ision of a 6 '6" stairwell clearance . T e
applicant does not feel the condi ion is hazardous as alleged by the Division
of Building and Saf ty, nor does the applicant feel they were at fault for not
following plans and specifications . Mr . Grant stated that i Is the conten -
lon o th applicant that the building was cons ructed exac ly as th pla s
r pres nt d tote City, and that it is the responsibility of the D1vision
o Building and Saf y to have caught any d1screpancles bet en he plans as pres nt d and th Code .
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Mr. Wel er asked if this building was a standard building that is used by
Minit-Lube. Mr. Grant stated that this is the second proto type building in
the U. S. of this design. The footprint and exterior are exactly the same.
Mr . Grant acknowledged that there were problems with the first building, which
was constructed in Salt Lake, but he was not made aware of the problem prior to his construction of this building.
Mr. Doyle noted that one of Mr . Grant's proposed solutions is to sign the
stairways for use by Employe es on ly, and questioned the need for emergency
personnel to have access to the lower area of the building . He pointed out
that this could result in an i nju ry to a member of an emergency crew that
might be called to the site. Mr. Grant 's response was that someone could al so
fall down the stairs and be inju red that way rather than bumping their head on the 1-Beam.
Mr. Welker asked Mr . Grant what method the appl icant proposes to remedy the
problem. Mr. Grant suggested th at there are several ~thods of resolv ing the
situation, and that one means would be to ignore the problem . Mr. Welker
stated that this was not an acceptable means to resolve the proble•. Mr .
Grant suggested that other means of resolution wou ld be to:
1. Cut off the lip out of the edge of the 1-Beam .
Z. Attach a neoprene pad.
3 . Attach a sign on the beam that says •wat ch your head."
4. Place a gate at the top of the s tairs .
5. Attach a sign on th gate that says •[.ployees Only.•
Mr . Grant stated that he did not feel that cutting a portion of the lip out of th 1-Beam would han~ the integr ty of the Beam.
Mr . 1 er as d if consid ra ion had be n given to redo ng the sta rs .
Grant stated that on ans uld be to •ake th open ng larg r, fch
entail cutting a larger hole in lh floor and impeding ped str\an mov nt
fr th bay area nto the cashter ar a . A second way uld be to cu t
sta rs loose, and r due th tr ad width . Mr . Grant po n ed out tha bot o
thes .. thods ar very costly and uld caus 1 hardsh p on th ha s
j us o ned lh1s busfn ss and is trying to get It going .
tread w d h of t sta
Cod r . Gran sta d 1
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a1t roditski was sworn in and testified that he is Code Administrator for
he City of Englewood. Mr . Groditski presented members of the Board with cop-
ies of Chapter 3 of the 1985 edition of the UBC, entitled Pen.its and Inspec-
tions . This information was labeled Exhibit 12 and presented to the Board by
the Secretary . Mr . Groditski made reference to several areas of this UBC ex-cerpt which he had highlited , which references include:
§302 (a) 4. Every such appl ication shall: ...
Be accompan ied by plans, diagrams, computations and specifica-
tions and other data as required in Subsection (b) of this section.
§302 (c) lnfon.ation on Plans and Specifications. Plans and specifications
shall be drawn to scale upon substantial paper or cloth and shall be
of sufficient cl arity to indicate the location, nature and extent of
the work proposed and show in detail tha it will conform to the pro -
visions of this code and all relevant laws, ordinances, rules and regulations.
§303 (a) " ... Such approved plans and specifications shall not be changed,
modified or altered without authorizations fro he buildtng offi -
cial, and all work shall be done in accordance with he approved plans."
§303 (c) • ..• The issuance of a penalt based upon pl an s, specifica ions and
other data shall not prevent the building official fro. thereafter
requiring the correction of errors in said plans, specifica ions and
other data, or from preventing building operations being carried on
thereunder when in violation of th is code or of any other ordinances of his jur1sdt c ion ."
Mr. Grodtts 1 stated that
tha th nstallation of
appro d plans .
1)
2)
th contention of th Building & Safety Division
sta rwa y wa s no done in accordance with th
• 4 •
I •
'
•
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Mr. Yoder stated that the Building & Safety Division would accept a reduction
in the stair tread width down to 9" because of the limited occupancy load of
the stairway. Mr. Yoder st ated it is the contention of the Building & Safety
Division that the headroom problem is a greater safety factor than the dif-ference between a 9 " to 10" s ta ir tread depth .
Ms . Lighthall referenced the handout given them by Mr . Groditski which indi-
cates plans shall be "drawn to scale", and noted that drawing attached to the
staff report of the stair way in dicat s "No Scale". Mr . Yoder pointed out
that the drawing attached to the staff repor t does have dimensions cited on
it, and in such a case, the sta ff wo uld use the dimensions cited.
Mr. Doyle s tated that if th e re ads were reduced to 9 " from the indicated
10 .5", the stairs would be moved ba ck 16" by his estimation. He asked i f th is
wou ld be su ffi cient for clearance . Mr . Yoder s tated that the stairs would
have to be moved back at lea st 10 to 11". Mr . Yoder stated that i t 1s his
opinion that it Is feasible to redo the stai rs without disturb ing the floor
openings, and that the arch itec t could bring plans that would accomplish this and bring th e bu1lding into complianc With the Code .
Ms . Shaffer asked how far the 1 -Bea~ ex ends over the stairs. Mr . oder
stated that it 1s righ with the nose of the second step up , or approximately
10 .5" over he stairs. Mr . Yoder s ated that the staff did not concern the -
selves with r doing the open1ng of the stai rw ays inas uch as there fs another
way to corr c h probl b shortening t e s air treads .
Mr. Wel er as ed tf an one else wis ed o speak on this matter .
Mr. Grodttskf read §303 (c) of the 1985 U C again for the benefi of the Board flletllbe r s .
Mr . Welk r as
tf he appl can want d to ma e a further stat n .
I .
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Ms. L1ghthall stated that the Code is published and available and it is to be
complied with . The City does not hive to make the adjustments to meet the
problems created by not following the provisions of the Code.
Mr. Grint stated thit he his been told he did not build in accordance with the
plans as sub.itted, and it is his contention that they did build in iccordince
with the plans. Mr. Welker stited that the issue is that the building was not
constructed in accordance with the Code, and the plans are, by Mr. Grint 's
admission, wrong. It is the responsibility of the contractor and the owner to
see that a building is constructed in compliance with the provisions oft e Code.
Mr. SeYMOur cited that section of the UBC which requires that plans shall be
submitted drawn to scale, and stated that it is the responsibility of the con -tractor to see that they are submitted drawn to scale.
Mr. Welker stated that the proble• before the board is to try to rectify 1 proble•, and not deter.ine who is at fault.
Mr. Welker Asked that the Staff Report for Case 14 -88 be made a part of the
record of the Hearing, and declared th Public Hearing on Case 4 -88 closed. Mr. Welker asked the pleasure of the Board.
Se}'IIOur 110ved:
Wald.an seconded: The Appeal fro. §3306p of the 1985 Unifor. Building Cod ,
ich section requires 1 he1drooa clearance of 6 '6" over
stAirways for property 1t 4890 South Broadway be granted .
Ms. Lighthall stated that she has a probl with a n building that has ben
built and does not ~et Cod . Mr . S YIIOUr stat d that the rules and regula -
tions re not foll d . Mr . Welker stAted th1t hfs s a probl that c1n
corr cted. Mr . 1 er ask d h rs o the Board for thefr Findings.
Mr . Sey.our stated th1t voted no, c1use t r s a ans to correc probl .. available tot applican .
YO no, aus t re fs 1 wa o cor ct t
Cod IS I I l1ble to CO
ld ol1
1'11 0
•
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Mr. Wel~er stated that there were seven no votes; the motion failed. Mr.
Welker suggested that the applicant and his architect work out a solution to the problem with the Building & Safety Division.
V. DIRECTOR'S CHOICE.
Ms . Romans stated that Mrs. Rousses had a death in her family, and could not be in attendance at the meeting this evening.
Ms. Romans stated that she had received a letter from former Board Member
Howard Brown expressing regret on his resignation from th e Board and his en -
joyment at having worked with the meMbers . She stated that she does have an
address if any meMber would l i ke to correspond with Mr . Brown.
VI. ATTORNEY'S CHOICE.
Ms. Reid stated that she had nothing to br i ng before the Board unless they
wished to adjourn to Exe cutive Session to review an Attorney/C lient COMUnique she had presented to the..
VII. 10ARD NENIER'S CHOICE.
Me.bers of the Board wished Mrs . Roman s a Happy Birthday.
The Board ~etfng adjourned at 8:30 P.M .
7 0
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ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY
3535 South Sherman -Englewood, CO 80110
Minutes
March 9, 1988
,... ,.
Board ~mber Pres nt: Boselli, Coleaan, Gr en, Hathaway, Pendleton,
Tomook.a, Hilger
ard ~llber Abs nt: Ciancio, Hale
Suff Pr s nt: P. Dietrich, H. HJller
at nd Visitor Doroth Dalqui t, Dick Hin on, Howard Ha cG r gor
ttn of th Engl wood Dovntovn
call d to o rd r b Chainaan v lop nt Authorit y Board
n Cr en a 12:00 P·•· on
Hr. Tow:~ok.a
•tin
llt.
7.
I .
Minutes
March 9, 1988
Pag Two
CHAIRMAN'S REPORT
•
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Dan Green noted that Dave Ciancio has been transferred to manage another
King Soopers store, and is no longer employed within the downtown central
business district of Englewood . This makes him ineligible for Board mem-
bership. Hs. Dietrich noted that he gave a verbal resignation on March 8, 1988.
Mr. Green noted his contributions and his positive attitude towards the down-
town projects and indicated that his input will be missed.
Mr. Green then presented a list of candidate , as recommended from the
Executive Committee, to complete Mr. Ciancio's term of office which expires
June 30, 1990. He asked Hs. Dietri ch to verify the interest of these indi-
viduals , and if so, send this li t to the Englewood City Council for their
consideration and appointment. Mr. Gre n moved, seconded b Mr. Boselli
to forwa rd the results to City Council. Discussion foll ow d. Mr. Bo elli
noted that it is the re s ponsibil ity o f managers t o determin the thrust o f
th c mmunit y nd to participat and h lp the c ommunity mov in a p itiv direction.
Mr. Tonooka tat d that g r oc ry
of th co.-unity considerin th
basi • lt wa s also n o t d that
choi e for r pr ntation fro
unani u ly by voice vot .
.Q!_ RECT R' S REPORT
a sis tant una
th race r s t o r a.
prototype
Bro dwa .
nd
l r w t t rl t p v tll t pl " y.
th pul
on a da11
appropriat
pa d
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Minutes
March 9, 1988
Page Three
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Englewood Chamber of Commerce -The Englewood Chamber of Commerce has dis-
tributed a questionnaire regarding economic development for Englewood.
Hr. MacGregor explained the purpose of this study and noted that all businesses
are encouraged to fill out the questionnaire and return it to the Chaaber
office. Also, should anyone have any comments or suggestions on the format
of the questionnaire, they were to make note of it.
Urban Renewal Authority -Dick Hinson provided the Board with an update of
all the URA's activities. He noted that City Council has loaned the URA
$778,000 to complete several proj cts. Also, the Little Dry Creek water
amenities will be completed by August, 1988. The Plaza area should also
be completed by August, 1988. Th d sign of th intersection at Cherokee
and the Parkway will be red sign d and work will begin soon on that project.
Trolley Square -Th r is n issu with th ground 1 ase for Trolley Square
and that has to be res olv d betw n the own r of th property and th City
of Engl wood b fore any renovation will tak plac .
Trammell Crow -Hr. Hin son not d that th En 1 wood rk tplace is 86%
leased to dat , and co nstruction has b gun on the site.
Line or -Tb City Countll approv
hway 285 for this proj
for the anchor t nant.
"indii1
1 a
the
b
lh
State Highway p
n d lay d, if all
op nln is still
•
Oth r -Hr. t Ctnd
'8u'tl r CoiiPut r Ul b
in th h ppin
Hr. Hll r noted t t t dlc
bulldtn 1th dd1t1 nal rktn
th r w lurt f • t
-nt of a sign a En 1 ood Parkway
stipulation has n includ d in the
time, th URA ls waitin pproval froa
Althou h th cloalns date has
tt.e will con olida t d, and
r, I
rd Cutttn on rc 23 and a Cr nd
r lla CitY ha 11 d a l with
vln ISO lo tO th 1 r offl •
t r t pl nfo to ilcl n th r of ic
t ltlO p.a .
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CITY OF ENGLEWOOO PLANNING AND ZONING COfiiiSSION
MARCH 22, 1988
I. CALL TO ORDER.
The regular meeting of the City Planning and Zoning Ca..ission was called to
order in Conference Room A at 7:05 P.M. by Chain~an Hanson .
Members present : Carson, Draper, Fish, Hanson, Russell, Schultz Ra.an~. Ex -officio
Members absent : Such, Volke.a, Barbre
Also present : Senior Planner Susan Hirsch
Assistant City Attorney Nancy Reid
II. APPROVAL OF MINUTES.
Hare B, 1988
Chairman Hanson stated that the Minutes of March 8, 1988 were to be considered for approval .
Carson 110ved:
Fish seconded: The Hinut s of March 8, 1988 be approved as wr it ten .
A ES:
AYS :
BSENT:
ABSTAIN:
Drap r, Fish, Hanson, Russell , Schultz. Carson n
Such, Vo lke.a, Barbre
None
fhe t on carried.
11 I. Pl.NIII. COIIUSSIOII OIIDITATIOII.
. l .
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there is nothing in the City Charter to prevent the Planning Commission from
bringing this issue back for further discussion and action . Hr. Carson stated
that he wants to come up with a solution to "clean up Broadway."
Ms. Reid summarized the litigation before the Courts regarding the 10 foot
landscaping requirement for automotive dealers . Ms . Reid stated that inasmuch
as this issue is in Court, it is the opinion of the legal staff that the issue
shoul d not be reconsiderpd until the litigation is resolved. Discussion ensued.
Mr . Hanson stated that he could foresee problems if the Commission tried to
consider individual sections of the Zoning Ordinance for "little" amendment s.
Mr . Hanson suggested that prior to looking at individual sections of the
Zoning Ordinance for amendment, he is of the opinion that the Comprehensive
Plan should be up -dated, and then the ComMission should consider the Zon i ng
Ord i nance as a whole to bring i t into align~nt with the Comprehen si ve Plan .
Hr. Fish asked Ms. Reid to explain the relat ions hip of the Plann ing Commission
to the Englewood Urban Renewal Authority and the Englewood Downtown Develop -
ment Authority. Ms. Re id stated that she could not answer Mr . Fish regarding
the £DDA without further research . However, the Englewood Urba n Renewal Au -
thority (EURA) is a separate body and is granted its powers from the State
Statute. The EURA may acquire and dispose of land, float bonds for public i~proveme nts, etc. Mr. Fish asked if the EURA carried out the COMprehensive
Plan . Ms. Reid stated that carrying out the Comprehensive Plan is not the
responsibility of the EURA. The EURA develops an Urban Renewal Plan, wh ich is
approved by the Planning Ca..lssion and by the City Council, which Plan could
be superimposed on the General Plan (Ca.prehensive Plan) of the City . Once
th is Plan is approved by the City Council, "it is out of everybody 's hands but
for the EURA". The EURA works hand -in-hand with the City, but is not "the
City". The Plan developed by the Authority and approved by the Co..ission and
Council .ust f i t within the par~ters of the City's zoning ordinance --
zoning .ust be appropriate for the type of d velo~nt proposed for a sp cifl c
site . Ms. Re id pointed out that the Buyer 's Club/Ho.e Club site Is zon d 1·1,
Light lndustr al , wh ich requires Planned Dev loP~ent approval; the Urban R -
newal Authority requested and received approval fro. the Planning Co..lsslon
and City Council of the Planned OeveloP~ent on this site. Ms. R ld haslz d
that th City Council .ust approve the EURA Plan and any ~~nts h reto,
and that the Plan and any nts .ust fir s t be sublltted to th Planning
C iss on forth r consld ration and re c ndatlon to City Coun 1.
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purpose of the Comprehensive Plan, and the need to keep it a "general" vs.
"specific" plan.
Hr. Hanson inquired about changing the zone classification in the downtown
area which would require that redevelopment projects have to co.e before the
Planning Commission. Ms. Reid stated that the Co..ission could always recom -
mend that a zone district be changed; however, depending on the status of the
proposed redevelopment, it could be "grandfathered" in even if the zoning pro -
visions were changed. Mr. Hanson asked if a new zone classification required
Planned Development approval, would this apply to new projects. Ms. Reid
stated that this would again, depend on how far the project had progressed .
Mr. Fish stated that he was trying to deter.ine what authority the Commission
had in regard to the downtown area. He suggested that •aybe the Commission
should be concentrating on other areas .
Ms. Reid stated that as long as the EURA co.plies with the plans which have
been approved by the Council, any subsequent changes in the Coaprehensive Plan
suggested by the Ca..ission would not apply to the develo~nt in the area
covered by the approved Plan.
Mr. Hanson asked what vote of Council is required to overturn a deter.inatlon
of the Planning Co..ission. Ms . Reid stated that a si~le aajorlty is the
only require.ent. Mr. Hanson stated that In other .unlcipallties where he has
worked, a Z/3 vote is required to overturn a reca..endatlon of the Planning
Cot~~~~ission.
Mrs. Ro.ans stated that under the Charter, the City Council cannot consider
any change In the general plan of the City without a reca..endation fra. the
Planning Co..lsslon; however, the City Council does not have to abide by that
reca.endatlon.
Mr . Hanson asked if -..bers of the Ca..isslon had further questions of Ms .
Reid.
Mr. Carson asked what the City Attorney's Office was doing on the Planning
Co..lssioner's Handbook. Ms. Reid discussed the change in staff in the Attor -
ney's office over the past several 10nths, and stated that the legal staff
will review the Handbook for legal sufficiency when it has bten co.plled by
th Planning staff. The legal staff Is not prepared to take responsibility to
update the Handbook. Mr . Hanson asked If the Ca..lsslon should contlnu to
op rate under the pres nt Handboo guidelines, or as the guidelines "should
be". Ms. Reid suggested that th Ca..ission could follow the existing Hand -
boo as closely as possible until the updated dttlon is available: or th
Ca..ls,l on could aak a tton that th H ndboo not be foll nd tha y
op rate und r Ro rt 's Rule of Ord r . Olscu slon nsu •
r sted In
n l s
r att nd n at th I .
•
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• • • • *
Mrs. Russell stated that she wanted to take this opportunity to tell the mem-
bers that she would be resigning her position on the Ca..ission. Mrs. Russell
stated that she could sense fro. the last couple of meetings that there is an
intensification of purpose fro. ~rs of the Ca..ission, which will require
considerable commitment and ti~ fro. the individual ~bers. Mrs. Russell
stated that her schooling is de.anding .are of her ti.e, and she has also been
offered a position as a Para -legal with a fi~. which will require some
traveling. Therefore, Mrs. Russell stated, she did not feel that she would
have the time to make the co..itment to the progra.s before the Commission
that should be made, and tendered her resignation. Mrs. Russell excused her -self fro• the .eeting at 8:20P.M.
* * * * *
IV. 1988/1989 50ALS
Hr . Hanson asked the ~ers of the Co..ission to review the goals which were
determined at the last Meeting, and asked whether there were any additions or deletion~ to those goals .
Mr. Carson suggested that the Tour of the City by the Co..ission be done be ·
fore actually beginning the review of the Ca.prehensive Plan.
Mrs. Ro.ans su~itted to .e.bers copies of the Orientation booklet, which wa s
COMpiled to give .e.bers of the City Council. This Orientation booklet cover s
all divisions of the Depart-.nt of Ca..unity Oevelop.ent and sets forth the
duties and responsibilities of each division.
Hr . Hanson ask d If a date had been dete~lned for the -. tlng with City Coun
ell . Mrs. Roaans stated that no date has been set for the -.eting with Coun -
cil; but City Manager McCown will arrange for a etlng date soon. Mr s. Ro -
aans stated that she has spoken to EURA Executive Director Hinson about al -
l nd ng th Co..lsslon ... tlng on May 3, and suggested that possibly E~ Ex ·
ecutive Dlr ctor Dittrich could also attend that ... t1ng . Mr . Hanson sutges ·
l d that a tfng also be scheduled with the EntltwOOd Housing Authority and starr .
1 l
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VI. DIRECTOR'S CHOICE.
Mrs. Romans stated that several weeks ago, the Commission considered a request
to vacate a portion of the right-of-way in the 3500 block of South Jason
Street, and recommended the vacation with the retention of utility and access
easements. This •atter was referred to City Council, and was passed by Coun -
cil on first reading. However, there were so~ questions posed on the vaca-
tion, and upon further discussion with Pennant Properties, the property owner
to the west, it has been suggested that the reca..endation for vacation be
amended, and that the vacation apply only to the east 17 feet of the right-of-
way, which land is already being used by Silo and Rocky Rococo. Discussion ensued .
Mr. Hanson asked why the entire 60 foot right -of -way is not to be vacated.
Mrs. Romans stated that only the east 17 feet of the right -of-way is reca..en -
ded for vacation by staff because the west 43 feet is necessary for access .
She pointed out that the issue of the vacation was brought about because of
development agreements wfth Pennant Properties, Inc ., and the developers of Silo and Rocky Rococo.
Carson moved:
Draper seconded: The Planning Co..ission reca..end to City Council that the
reca..endation dated January 19, 1988 regard i ng the vaca -
tion of the 3500 block of South Jason Street be ... ndtd t o
vacate only the east 17 feet of that right -of -way , as follows :
Parcel A: A 17 foot strip of land being adjacent to lo t s
23 to 29 , Block 6, Englewood, according to the recorded
plat thereof, City of EnglewoOd, County of Arapahoe, Stat
of Colorado, being .are particularly descr i bed as follow s:
I
-
AYES:
NAYS:
ABSENT:
ABSTAIN:
•
• •
thence South 0°26'55" West, along the West line of said
Block 6 and along said East R.O.W. line, a distance of
237.00 feet to the True Point of Beginning of the parcel
herein described; thence continuing South Q026'55" West,
along said West line and said East R.O.W. line, a distance
of 140.73 feet to the North R.O.W. line of the proposed
Inca-Ithaca Street R.O.W.; thence North 89050'08" West, a
distance of 17.00 feet; thence North 0026'55" East, paral-
lel with and 17.00 feet West of (by perpendicular .aasure-
.ant) said East R.O.W . line, a distance of 140.73 feet;
thence South 89050'22" East, a distance of 17.00 feet to the True Point of Beginning.
Fish, Schultz, Carson, Draper
Hanson
Such, Barbre, Volk~, Russell
None
The .alton carried.
VII. PLAININ& CONNISSIOMEI'S CHOICE.
Hr. Hanson stated that he wanted to discuss the idea of appointing ad hoc com-
•ittees to review the Ca.prehenstve Plan vs . reviewing each section with the
entire Co..ission. He stated that he personally would like to be involved in
the conslder1tion of e1ch section, 1nd would not h1ve the tl .. to 1ttend 111
the ad hoc ... tings. Hr. Draper suggested that the discussion of each section
by the entire Co..ission would be educational for 111 ...O.rs.
Discussion eftsued. Hr . Hanson suggested th1t st1ff put together 1 case load
1nd schedule for conslder1tlon of the Ca.prehenslve Pl1n. Mrs . Ra.ans st1ted
that according to the Handbook, one ... tlng per IDftth is to be a work ... ting .
The st1ff will work out a schedule for the Co..lsslon using this procedure.
Hrs . Ro.ans stated th1t she will be sc heduling a tour for the Co..lssion In the ntlr future.
ling WIS d Cllred ldjourntd It 9:15 P.M.
I • •
•
J
ORDINAI\'CE NO. I 0
SERIES OF 1988--
•
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BY AUTHORITY
9
ca.JNCIL BILL NO. 10
INl'ROOOCED BY COONCIL
MEMBER J<OLTAY
AN ORDINANCr: AHINDING TITLE 3 , CHAPTER 6, ENGIDUD MJNICIPAL C(l)E 1985,
RElATING TO CITY OF ENGI...Fl·OD Na-ID-IERGEN:Y El-1PWYEES RETIREMI:Nl' PLAN AND
TRUsr .
\lln::REAS, by Ordinance No . 37, series of 1967, City Council repealed and
reenacted Chapter 6 of Title 3, Englewood ~~cipal COde 1985, entitled "City
of Englewood b'le~Tergency O'r'ployees Retirenent Plan and Trust as Restated
C fect1v January 1 , 1987;" and
\IIICREAS, in order to provide curr nt ent>loyees the opportunity to
receive credit for all service prior to the t2te of beca!U.ng a nemer of the
r ncy ~ tirerrent Plan (the Plan), it will be necessary to ~certain
parts of Olapter 6, Ti le 3, Fl 1985; and
IIIIEREAS, further ...,..,nd_,,ts arc necessary to prov1de an optional pension
pl fo rial, s 1sory, or confiden ial 1 in the form of an
I 1A I y Purchase Pl
', Tl~, BE IT ~!NED BY TilE CITY CX:Ut:IL CF 'l11E CITY CF
ElG.O , c:::oLCW\00, TI!AT:
tion 1. T1tle 3, Olapt r 6, Article II, sect on 2 .n ., fDJlewood ooae 1985, is hereby to read as foll
-1 -
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Section 3. Title 3, Chapter 6, Article III, Section 2, Englewood
P.tunic ipal Code 1985, is hereby ancnded by adding a new subsection e to read as
follows:
e. CITY COONCIL HAS ESTABLI!:E'D THE ~IAL, SUPERVI~Y 00
COOF'IOI'Nl'IAL IQ.v\ ~ PURCHASE PLAN ~ MAN11GERIAL ,
SUPERVISOP.Y 00 CCNFIDENI'IAL n-1PIDYEES EFFEX:TIW JN«JARY 1, 1988
AS AN OP'riCNAL PLAN 'ro \'l-IICH THE CITY SIWL MAKE <XNl'RIBlJI'IOOS
CX~ DEIL'U.F OF ANY f::X.":'·1PT EM.>T..O\.'EE \-.'10 El..fri'S 'nUS PLAN .
Section 4 . Title 3, Chapter 6, Article IV, Section 2 .c., Englewood
r.tunicipal Code 1985, is hereby amended to read as follows:
c. Periods of e!lllloyment with the City prior to the date the
ElTployee became a ~lenDer shall not be included as Credited
Service unless W. SOCJI A.~ ElTployee (1) elected to beoaae a
~r of the Plan on January 1, 1970 pursuant to Section 1 of
Article HI hen>of, 00 (2) IS CCM:lUD lHlm 'niE PRDVISIOOS CF
ARTICLE IV, SD:TICI~ 3 I«:RFX>F.
Section 5. Title 3, Olapter 6, Article IV, Section 3, Engle.IOOd
Nunicipal CCXle 1905, is hereby a.r:-ended by adding the following paragraph at
the end of Section 3 to read as follows:
1
NIY. !IY.BER Cf' THE ?LAN \·ltl) WAS AN tJooFimEE (]II JAI«JMY 1, 1970 AN> 'II)
DID NOl' EIB:.'T 'ro BEXXM: A MEKIDt Cf' THE PLAN (]II JNlJMY 1, 1970 P\ellWir
'ro sa::Tl(]ll 1 OF ARTICU:: III HEREX:f' WILL, AS Cf' JNl.JAAY 1, 1987, R1D:IVE
CREDIT FeR 1ILL ~CE PRIOR ro THE DM'E liE 1oC'ruALLY BErAME A ~ CF
'niE PLAN. SlX:H A Mil-~ HAY ELOCT IN WR!TD(;, PRIOO ro JULY 1, 1988, ro
PA'f A Sn«::LE Sl.r-1 A'Dm DE'l"E:R.WIED (]II THE BASIS CF THE AfoO.Nl' CI'
N:X.'lr-ULATm CCJmUOO'l'I(]IIS 'mAT SAID t!Dilm IOJLD HAVE 1CCI.MJIAT!D IN '111!
PL'\N 1\5 OF JULY 1, 1980 11110 HI: EI...OC"'m ro lllXXJtE A ~ CI' THE PLAN
J !'lJI\!W 1, 1970 Nl> THE ~IRID CXNmiBlJI'IOOS FACH YEAA (]II 111E
"'IS OF C01P 151\TI ~HE ROCEIVD> FACH YFM. IF THE~ EU.CTS NOr
'ro PAY 'niE "DG:.C SlJt Dm, 11!5 R£TIRfJ4Elll' IIM:FIT DE'l'f.H4INm liiD
SIX:TI ~ 1 Cf' ARTICLE VII SHALL RmX::m DY 'mE AC'ltiNUAL fOJlVAU!Nr ar
n Sna.E PA»1D11' OOE AS JULY 1, 1988.
In lid in ull,
, 1988.
pAS on firs reading a\ 28th~ ot
111 or di on • 1
by on l ng l h l,
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Published by title as Ordinance No.
day of April, 1988.
Attest:
Patricia H. Crow, City Clerk
--· Series of 1988, on the 20th
Mayor
I, Patricia H. Crow, City Clerk for the City of f.l'lqlewood, Coloraci:l,
hereby certify the above and foreqoing is a true copy of the Ordinance paseed
on final reading and published by title as Ordinance No. __ , Series of 1988.
Patr1c1a H. Crow
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT
March 15, 1988 Malley Center Trust Fund Trustees
INITIATED BY ____ Pa_r_k_s_a_n_d_R_e_c_re_a_t_lo_n __ De_p_a_r_t~ __ n_t ______________________ __
Appoint~nt of council ...O.r or a citizen to serve as ACTION PROPOSED'------------------------
Trust e of the Malley Center Trust Fund
lACK &ROlli)
Ordlnanc No. 28, Series of 1981, established the "Malley Center Trust Fund" for the
b nefit of the Englewood Stnlor Citizens Recreational Center adding a n subsection
to Title 4 , Chapter 3, Section 9 of the '85 Englewood Municipal Code.
Truste s ar appointed as follows:
1. On trust e to bt appointed fro. tht City Council who shall strvt during tenure
In off c .
2 .
3.
1 H
fro. the -..btrshlp of th Engl od
r during t nur in off ct .
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BY Al.JTHClUTY
OODINANCE NO .
SERIFS OF 1988--COOtCIL BILL NO. 15
INl'ROOUCID BY ca.JtCIL
MEMBER CLA~
A BILL~
AN OODINANCE AMENDING TITLE 4, CHI\PTER 3, SIX:TIOO 9, "MIU..LEY CENrER TRUST
FUND, II ENGI..El'l:XX) 1-UNICIPAL COOE 1985, RELATING TO TRUSI'EES.
WHERF..\5, Trustees of the !·Ialley Center Trust Fund are appointed one
rncntler fran Council , one fran the rreni:Jership of the Eng1e.uod Parks and
!«!creation camtission, and three appointed by Cit y Council ~ recamueudation
of Parks and Recreation camtission; Cll'ld
h'HEREAS, qualified persons should be appointed; and
t ·~,'I'HF.RI'FOOI:, BE IT RESOLVED BY THE CITY <XXH:IL CF THE CITY OF
E}G., , COiffi , THAT:
Section l. T~tle 4 , 0\apter 3, Section 9, Engle.uod Municipal Code
1985, is herebY nded by Mending Sec ion A.1. to read as follows:
4-3-9:
A. l. one rust to be appointed fran the City Council who
shall serve durin<J tenure in office CR A CITI ~ OF DIGLDOX>
TO BE APPOllmD,. Jll "'9 'lC1Wl J'llllti. r
'11J S~'rl/& •-I" f!ou,.,ei/s ,p/~•Sut-"• C)Y .,._J!.r ~
~r'" ,.,,. r• t!*~Ctt~ '"''-r~·'f'S
tn roduc:ed, d in full, d pasaec.1 on hrst readl.ng en the 18th d.ly of
11, 1988 .
a 111 or an Ordi en the 20th day o Apr l , 1988.
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT Franchise Agree~~ent
April 14, 1988 with Public Service Ca.pany
INITIATED BY ___ C_i_t_Y_~ __ na_g_e_r-L~----------------------------------
ACTION PROPOSED. ______ Re_c_~ ___ M __ at_i_o_n_t_o __ ad_o_p_t_• __ B_il_l __ f_or __ a_n_o_ro __ in_•_n_ce ______ ___
providing for 1 25 -year franchise agre ... nt with the Public Service Ca.pany
and for the establishlent of an election on June 21, 1988 .
IACl&ROUIID
The current franchise with the Public Service Ca.pany tenainated on ~rch 12 , 1988 .
A new franchise will be required which will necessitate 1 public vote . The recOM -
Men ded date for the vote is June 21, 1988 .
Over the put year , 1 staff ca.ittet has been engaged in negotiating 1 new agree -
nt wi th Public Service Ca.pany . A draft of that new agr .... nt was s ub.itted to
Cou nci l two week s 190 and is attached once again htrtin as 1 Bill for an Ord i nan ce .
Cou ncil has also approved Resolution No . 16 which exteMs the tenas and cond itions
of the previ ou s franch ise unti l tht effective date of the new franch ise wh ic h is
July J, 1•.
CUIIIOIT STATUS
T b ll Is QUi t e 1 ngthy, and thtrtfor , I w 11 att-.pt t o s ~rlze th ey provi ·
s10 s for Counc 1:
Art cl Z.3 nd r -
o for 1 25 ·
Artlcl l .l
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Colorado. In addition, the Co.pany .ust notify the city if any
other .unicipality receives greater consideration for 1 si•ilar
franchise.
Article 4.4 Provides that Public Service Co.pany shall restore both public
and private property to its fo,..r condition when such property
is used for excavation and construction. City has the right to
deter.ine co.pliance, to take steps to restore property to its
fo,..r condition ~ the co.pany fails to do so, and to be rei•-
bursed for any costs therefore.
Article 7.1 Allows City to use all poles and other suitable overhead struc-
tures c011structed by the Co.pany at no cost.
Article 8 .1 Indelntftes City for all Ca.pany activities.
Article 9.1 Provides that newly c011structed electrical distribution facili-
ties shall be placed unde'9rouftd.
Article 9.Z Provides 1 revenue pool of Oftl percent (IS) of preceding calendar
years electrical revenues for COftverttng overhead electrical dts -
trtbuttOft facilities to unde'9round. Current franchise does not
i nclude thi s provtst011 .
Arti cle 10 .1 Provides that the rights under this franchise cannot be sold,
transferred or assigned to another entity without City Council
approval .
Article 11 .1 Requires an electt011 Oft the date of June Zl, 1•.
It ts recmrnded that CCMMC tl approved a ltll fw 111 Ordinance provtdiRg for a zs .
ye ar franc hise ag~t with the Publi c Servi ce Co.p111y and for the establ ts ~t
of an elect t Oft Oft June Zl, 1•.
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ME~IO
TO: Andy McCown, City Manager
FROM: Nancy Reid, Assistant City Attorney
DATE: April 4, 1988
RE: Public Service
I have a verbal ok froa Toa O'Donnell that thia draft ia the
draft which will qo aa far aa hia ca.pany ia concerned.
Therefore, I believe it ia ready to go to City Council.
bb
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ORDINANCE NO.
SERIES OF 198r-
A BILL~
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AN OODDWCE nELATnli TO 'l1IE <PmATICN <»" A ~ At«> !IJI:'nUC 5YS'n!M wrnnN 'DIE
CIT'i OF ENGLDOD At«> SUIJO:TTnli TO 'DIE QUALIFII!D ~ <»" 'DIE CITY <»"
F.lG..Elo:D THE ~CN <»" \lltE'ntER 'DIE CITY <»" DODaD SIDJ1D GIWfl' A
FRAl'OUSE TO PUm.IC ~CE Ct'K'Nrt CF ~. ITS 110 ESSC.S, '1'RANSP!2U!:ES,
A'ID ASSI~, TO ERJ:X:T, a::Rn'Rli:T, CI'ERATE At«> MADfrAIN IN, liPCii, .AI.CK;,
N::ROSS, ABOVE, <JI.'rn A.'«> lHD THE S"mEETS, R:WlS, HI~, AVEZ«JES, ALLEYS,
VIADUCTS, BRIDGES, SIJ:lEWIU.ItS, PUBLIC UTILITIES At«> C71'tiER PUBLIC EASD4I!N1'S,
PUnLIC HAYS NlD <miER PUBLIC PUCES, DfDICATICNS At«> RESmVATICNS IN 'DIE CITY
OF ENGLElKXX>, BO'l1l !Of IN EXIST!H:E At«> AS ~II'.Y BE alf'ATED CR ESTABLISHm
DURING 'l1IE 'I'm-\ OF 'llfiS FIWQUSE, Nrt FACILITIES RIQJIRfD FCR 'DIE mMS-
CUSSial, DIS'miBUTICN, At«> SALE CF ~ At«> El..lrnUCITY wrnnN 'DIE CITY <»"
F.lGDOD; FIXnli THE 'nli1S At«> a:H>ITICNS ~; ~m:; FCR 'DIE CAILDii
N.:> lr:>LDD.r:J <»" A SPB:IAL EUJ:TICN liPCii SAID QUESTICN, 'DIE tll!!'l"l'a((H <»" '1'HE
RESULTS ~, At«> FCR mE EX!X.VI'ICN At«> llELIV!2ft <»" SAID PlWDIISE
ACCCI~f.>n.r:J TO ITS PRPOSm TER4S, IF '11£ RESULT<»" SlOf VOl'E C. '1'HE QlW.IFI!D
~ AT SOCH tUI.'TICJ~ StWL BE IN '1'HE AWI:II«l''VE FCR '1'HE GIWfl'IH> <»" SAID
FRAtCHISE.
~. the proviaioo of 9U and electric MrVioes is ,_,..sary foe the
th, fety, and welfare of the citizens of Englewood;
, ~. BE IT ~ BY 'ftiJZ CITY <XUCU. <»" 11£ CITY <»"
, ca , 1'HAT:
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Article 1: IEFDIITIQIS
Article 2: ~ CIP fRMDUSE
2.1: Grant of Franchise
2 • 2: Street Lighting
2.3: Term of Franchise
Article 3: l'RNim8B ra:
Art ele 5:
3.1: Pranchiee Fee and Payment Sche&ll.e
3.2: Olanqe of Pranchiee Fee or Consideration
3. 3: Pranchiee Fee Payment in Lieu of Other Fees
3.4: Contract Obligation
4.1: Supply of cas and Electricity
4.2: Restoration of service
4.3 : CIJliCJationa Al!lgardlng Ccllpeny Faciliti•
4 • 4 Elc4IY t on and 0anst.ruc:t ion
4.5 tion of~ F.::ilitiee
4 • 6: Service to ~ Are~~~
4. 7: City ~ to Mvence f'\nil
4 .8: •
5.2:
5.3:
5.4:
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City ~~u:-nu~
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Article 6: k&'\ICl'S m CITY
6.1: Reports a1 Carpany ~ations
6. 2: Copies of Tariffs, all POC Filings
Article 7: CITY USE C:. <XH»MY FIICILITIES
7.1: City Use
7.2: Underground Conclrl t
Article 8: DIJPJIIIFIC'ATI C:. 'DE CITY
0.1: City Held Haiml.ess
8.2: Notice
8.3: Paynent of Expenses
Article 9: lHmOall> OBh.w.l."'''IO ., au
9.1:
9.2:
9.3:
9.4:
9.5:
9.
Art tel 10:
10.1;
10.2:
Arucl 11:
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11.
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11.4:
1C:l lll
U.l:
UnCiet'9I"ound Electrical Distribution Feciliti•
CNerhead Conversia1 at Expenlle of c:cq,eny
Termination
Aeviev
ation with other Utiliti ..
a.I<J811Ci ..
to P\lJ:'c:t\ue or cm~.n
Cl:lrdllll\a1:1on
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Article 13: PICIJ(K;fiOJ m 'mANSPCRI7d'IOI ar GAS m ~
13.1: Transportation of Gas
13. 2 : Snall Power Prcxb:tion and Co-Generation
Article 14 : I'CR'E1'lUm
14.1: Forfeiture
14.2: Continued Cbligations
Article 15: .NBI:IBftS
15.1: ~ts
Article 16: MifJ'Pl,-yJS
16 .1 : &Jccessors and Assigns
16.2: Third Parties
16.3: RlpreMntatives
16.4: Other Legal ...u.
16.5: Severability
Article 17: JIIII'IKML
17 .l: Yater Approval
17.2: ec.p.ny ~
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1.0 DEFINITICIIS: In this 0\apter, unless the context otherwi• rtiCJ.lira ,
the following words and phrases have the meanings indicated. '1he "'rd •shall•
is mandatory and "nnay• is permissive .
1.1 CI'l'lt' -means the IIIJI'Iicipal oorporatioo ciesignated u the
City of Englewood, Arapahoe County, COlorado, and
includes the territory u currently is or .ay in
the future be included within the boundari• of the
City of Englewood.
1.2 CI'l'lt' ~-means MY project in which the City has a
financial or ownership interest.
1.3 (XH)Nl't-means Plmlic service ~of COlorado.
1.4 DIS'11Ulll1l'I~ FACILITtm -refers to and is cnly thllt portia~
of the Calpany's electric sysU. which dali,...
electric energy traa the substation brMtan to the
(X)int-of-dalivery of the c:usu..r, inc1114inq all
devices COI'W-.:ted to thllt syst u wl1 aa that
portion o t O:lilpMy's gaa "'-1ch daU,...
gas frca down si of the '*JU,l-.toc station to
the (X)int-<lf 1 i \IVy of the 1 inc11Mting
all connectAid to t:.hoat syst •
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1.9 REVENJES -means liD'ley which the ~y receives fran the
sale and transportatiCX'l of gas within the City and
the sale of electricity within the city and for the
use of its facilities by others in the City, less
adjustments for retura, uncollectible acccunta,
correctia\8, and other regulatory adjustJatts.
1.10 \«JU< -means and includes all work done by the ~ in
the City, including but not limited to, -=avatiCX'l,
install at ion, CCX'\Btruction, repair, lllllintenance,
renovation, rt!IIDVal, and repl.-.nt of faciliti•.
QWft' ar ..-ms
2.1 GRAm' CF FRNDUSE. "nle City hereby gr.,u the Ocllplny, .ubject to the
terms of this Franchise, a I"'InelCCluaive right and ct.rt:y to furnish, aell and
distribute gas and electricity to the City and to all residant• of the City,
and to install, maintain, and operate faciliti• l'MIIClNibly rwceaury foe
service to the City and areas ootaide the City, and • I"'CCIWWCluaiw right to
!'!lake reasonable use of public places u may be neoaaaary to carry aJt the
terms of this franchise.
2.2 S'l'RJ!ZT LIGill'IMi. 'fttia Franchiae includlaa the nl:ll'..::luaiw ri¢t and
dlty to provide atreet liCJhting MJ:Vice. 11wrevwr refennce is ~ to the
sale or supply of electricity or to the provisiCX'l of electric service in thia
Franchise, ttwae references shall be delllad to inclucil the provision of street
lighting .ervice. 11twrewr reference is Mde to c:a.p.ny faeiliti•,
equi~t, ayat• or pl.,t in thia f'ranchiM, this reter.lat llhall be~
o include Clcllpny street li¢ting f.:Uiti•, ~s-rt. ~and pl.-.t.
2.3 TPa4 Oft PIWDUSB. 'fttia Pranchiae shall tAM effect en July 1, 1,..
t m of thia f'ranchiae shall be foe y-ti (25) Y"Mn, t.9innin9 th
sud f 1 dat o th a Franchi and iring en JUne 30, 2W •
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within the City for that year, so long as said three percent (31,) of said
revenues received by the Company from such use is collectively $500.00 per
year or greater. These fees c:b not apply to and shall not be collected on
bills paid by the City. 'l1le City's Director of Finance, or other designated
person shall be provided access upon fifteen (15) days' notice or less, if
reasonable, to any and all relevant financial books of the Calpany for the
purpose of auditing or checking to ascertain that the Franchise Fee has been
correctly c<JI1l'llted iln<1 paid.
B. If an error by the CattlilnY results in an overpayment of the
Franchise Fee in excess of $5,000, credit for the overpayment shall be spread
over the sane period the error was uncliacovered. If the overpayment is $5,000
or less, credit shall be taken against the next peyiN!Ilt. Nothing herein shall
be construed to waive any applicable statute of l~tationa.
3. 2 OWG: OF FRr'\lOUSI:. Frn 00 ~ID~TIOO.
A.. <h::e each year the City Council may, by ordinance, change the
cons1deration paid to the City under this Franchise to that paid by the
Ccrrpany under any runicipal franchise in Colorado, after thirty (30) days'
not 1cc to the cerpany.
B. ~ ~Y shall report to the City within sixty (60) days the
exi!!CUtion or c~ of any franchise Wlder loihich a nunicipality receiwa
qreater consideration than is provided herein. For purpoeea of this MICtion,
consideration means the Franchise Fee established in Section 3.1, the
Wlderqroundinq progr1111 established in Section 9. 2, and aty other provision of
significant financial benefit to the City.
FRA..''CHISE Ft:E PA\'ItLNT Dl LIE11 CE' CfnO FEES. 'nle fnnchiM f• is the
ary paymen o the City for the rights granted in this PnnchiM.
t-n .... onv s not fl'all aty property tax, fraa eny INlM ex u. tAX,
lilY other tax not related to the Franchi•, frc:a t-..d ea.., fn:a ottwr
or ally upon bwunea , or fraa fees Me! c:harcJe8
an-unifom .00 rally applicele to other oontr..::ton perfominq
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4 . 2 RESJ."()RNriGJ OF SEWICF.. In the event that the catpany' s electric or
gas system, or any part thereof, is partially or wholly destroyed or
incapacitated, the Company shall restore its system to service within the
shortest practicable time .
4 • 3 OBLIGA'l'IOOS REr.ARDING CO·IPANY FACILITIES.
A. \lork. All work by the Company shall be done:
1. in a good worlananlike manner, and
2 • in a timely and expeditious manner, and
3. in a manner which minimizes inconvenience to the
public and i ndividuals, and
4. in a cost-effective manner, which may include
the use of qualified private contractors.
D. Location o Facilities. Cclq)any facilities shall not interfere
with water facilities, sewer facilit1es or other public use of public places.
ca-pany faciliti s shall be installed so as to minimize int rference with
other pr ty and illtl n s.
c. Rll!pair of ~· 'l1le Cclq)any shall pratt>tly repair all dlnaqe
caused by C~y actlvite5or facilities. If such IWMqe poees a threat to
health, safety or lfarc of the public or individuals, the City may cau8e
repairs to be~ a the C y's unless the ~y makell such
repairs prQit)tly upon the City's rcques •
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COITf.X~Y s ha ll be granted an extension of time of completion equivalent to any
delay caused by conditions not under its control, provided that the catpany
p r=eeds with due diligence at all times.
n. Rel=atcd underground facilities shall be underground. Relocated
aboveground facilities shull be aboveground unless the City either agrees to
pe1 y the a dditional cost of rooving them underground or requests that such
additio nal cost be paid out of available funds under Section 9.2.
C . tJothing contained in this section shall inpose any obligation upon
t he C1ty to pay for relocatio n of any Carpany facilities.
4.G 5F.RVICC 1U tm·l AI'J::.\5. If the boundaries of the City are expanded
duri n<] t he t e rm o f this Franchise, the Carpany shall extend service to
rcsi,ient s in t he expanded area at the earliest practicable time and in
occordance wi th the C01l>afly's e:cte nsion policy on file with the Public
Utili ties Ccmni s sio n, as sarre may be llmended fran time to time. service to
the exrxmded area s hall be in accordance with the terms of this Franchise
,\'Jr , nt , including payment of Franchise Fees.
4.7 CITY N(YJ.' ~I RED 'ro ArJ\I'IltOCZ ruND S . Upon receipt of the City's
ut n~ation for billing and const ruction , the ~Y s hall extend its
'1llt1es to provide gas and electr ic service for nunicipal uses within or
ou s1 t he Ci ty. 'nle City shall not be required to advance fWlds prior to
ruction .
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5 .1 CITY RmJLATIOO. The City expressly reserves, and the catpany
expressly recognizes, the City's right to adopt, from time to time, in
addition to the provisions herein contained, such charter provisions,
ordinances, rules and regulations as it may deem necessary in the exerciee of
its police power for the protection of the health, safety and welfare of its
residents and their properties.
5.2 CG!PLIJV.O: WI'nl CITY ~IIU>IElii'S. 'lhe Colpany will CXJ!t)ly with all
City charter provisions, ordinances, rules, and regulations and ahall obtain
all required permits. "nle ~Y shall sulJnit, in advance, reports of annual
and long-tenn planning for capital ~rovement projects with deecriptiona of
planned curb and street cuts and other work. Except in ~ies, all work
shall be coordinated w1th the City's public ~CM!mi!Ot projects.
5 . 3 CITY RINI!l'< or ca~ux::Tioo A.'4> DESIGN. Defore construction or
ins allntion of any s1gniflcant aboveground gas facilities, any street
lighting flxture , My electrical tranl'lmi.ssion lines, any generating plant,
any buildinq, MY subst tion, or any similar structure within the City, the
y shall furnish he C1 y with plans for such facilities. In addition,
upon s , My shall as and report on the i.q)act of ita
propoeed construe 1on on the Clty ~ircnnent. &d\ plans and reporta IMY be
revi by the C1 y to ensure, 1nter alia,
(1) that all applicllble laiS are ~lied with,
(2) th, ::~thetic and good planning principles have been
given due cons ation, and
(3) hat dYer has 11\inilllized.
'nle y 11 1noo all reMonabl c requested by the City.
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ARl'IClE 6
6.1 REPORTS 00 CCMPANY <PERATIOOS. The Catpany shall submit reasonable
r eports requested by the City with respect to Ocmpany operations. Initially
t he Ci ty requests, and the Catpany shall provide, the followinq reports:
A. an annual r eport of the return earned by the <:a!pany on
i s operations and the base used for calculation of such return,
B . an annual list of all real property and leasehold
interests in r eal property owned by the Company in the City,
c. an annual report listing the City's accounts by type of
account (e.g., gas service by location, electric service by location, street
liqhting, traffic signals) and evaluating billinq and rate classification
alterniltives,
D. an annual report of the electric and gas rewnues
rec i ved fran residents of the City , showing each adjustnent to qroes revenue,
E . periodically, upon the request of the City, a
presentation on electric anc gas facilities used to serve the City, and
F. an annual r eport showing the performance standards or
C)oals which the ~Y uses to ro.Ulitor the quality of service provided u
~ed to actual performanc •
6.2 COPII'S OF TARIFFS, AIL PU: FILnG). 'l'he y shall keep on file in
a local ~Y office all tariffs, rules, re<JU].ations and polic~es ~
by the Coloraoo Public Utili ti camdssion ( "PU:") relating to service by the
~y to the City and its res dents . ~ request by the City, the Ccll!peny
shall provide the City '"'ith copi of such clocu'nents and of filit19S which it
makes with the PU:.
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7.2 UNDERGROOND camurr. If the Coopany installs new underground c:onchlit
or opens a trench or r eplaces conduit or cable, the carpany shall provide
adequate advance notice to perrndt additional installation of simdlar conduit
for the City. If the City wants additional simdlar conduit installed, it will
so notify the Cail>anY and provide similar conduit and pullwire, at the City's
expense, to the Company which will install that conduit without further
expense to the City .
ARTIClE 8
& .1 CITY IICID IIAR!-!LESS . The caTpany shall hold harmless and indlllw\ify the
City fran and against all liability, dal1lacje and claims, and shall reiablrM
rcason.:lble expenses related thereto, arising out of the operations of the
Ccrpany and the securing of this Franchise. No expenses rei.nb.lrsed by the
y under this Section shall be surcharged to custCJ11!rs. In the event of
11 1aa ion tween the parties regarding this Franchise, if the City prevails,
the ~~Y sha ll pay all costs related thereto, including reasonable
a t rncv' f s. The y shall not be obligated to hold harmless or
inclemu y t Clty for claims or demands to the extent arising out of or in
connN:tion w1 h any neghqent act or failure to act of the City or any of ita
of 1c s or 1 s.
8.2 t.Ol'lCE. The City w1.1l provi p~ written notice to the catpany of
the ndency of any clain or action against the City arising out of the
xerci by the ~y of its Franchise rights. 'lhe Cclq:lany will be
tted, at its own xpense, to ar and defend, or to assist in defenM
of SIX:."\ claim. 'n'lis con4Jct shall in no way restrict the City• a ri«;;ht to
COO(t.x::t 1ta own defense.
8.3 PAY! 11' OF &a>ENSES. 'lhe y shall pay the City for ~
incurr 1n public tion of not1oes and ordinances, for all election apeuees,
and for ~ ing o nta ar s1ng ran the prepara ion of this
p Franchise and, i ed, Franchise.
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9. 2 UVERIIEAD CONERSIOO AT ~El~SE OF CO·lPAN'i.
A. As Md when requested by the City, the CcJ11>any will
spend one percent (1\) of the preceding calendar year's electric revenues to
trove overhead electric distribution facilities located in public places in the
City underground, provided that the undergrounding shall extend for a minillun
distance of one block or 750 feet, whichever is less, or as may be II'Utually
a~reed by the ~ties.
B. Any unexpended portion of the one percent (l'J.) of
electric revenue may be CMried over to succeeding years, and, in addition,
upon request by the City, the C~y shall anticipate annmts to be available
for up to three (3) years in advance. Any twOOUnts ~anced shall be credited
OC'J<~inst coriount s to be expended in succeeding years until such advances are
cl tminated. No relocation expenses which the ~Y is required to expend
pursuant t o section 4.5 shall be charged to this allocation.
c. Funds to expended pursuant to this section shall not
be used in MY project or situa ion for which and to the extent that the City
has received federal or s a c funds for the purpose of undergroundinq
u ilitics. Funds o nred pursunnt to his section may be used for
"natclnng" purtX)SeS wlth state or federal morucs.
If he Publtc Utilit1es ssion author1zes a
sy tem-uide pr rlll'll or ~r r of undergrounding electnc distribution
y will all te to the progr~ of undergroundinq in the
< u hori'Zed by the Public U ilities Camlialion, but in
(1\) of Annual e lectric revenues.
o this eectlon, the City
the City's
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9.6 IJn:RGJ.'}lCIES. If there is an E!'iler')ency affecting ~y c.p!ratiau~ or
service , the Ccr.pany shall maintain ongoing camunication with the City as to
the nature of the proolern and its anticipated duration and resolution. 'nle
carpany shall develop and keep up to elate and on file with the City a lftltually
agreeable plan to facilitate such CX11'1'·lUClication. At all times the Colpany
shall hnve on file \~ith the City a spccinl twenty-four (24) hour telephone
nuni.:~er , not nvail able to the general public, which the City goverrment can uae
to obtnin information in the event of an energency, and shall use other
availahle rrethods as needed to facili ate carrrunications with the City. In
addition, the Company shall make information available to residents as to any
problem and its an icipil ed dur tion and resolution .
10.1 cmsrur OF CITY r~mm. The CaitlanY shall not sell, transfer or
assign any riqhts UI'ICer this Franch1 to another entity without the City
Council's wn n . rovill, , 1ch shall not W\l' a5C'JI'l.~ly withheld.
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11.3 COOTINUED COJPERATIOO BY CCMI?ANY. If the City purchases or condeJms,
the C~y shall continue service, in whole or in part, at the City's
request, for the duration of this Franchise pursuant to terms and conditions
negotiated for such continued q>eration. The Co\t>any shall take no action
which could inhibit the City's ability to effectively or efficiently use the
acquired system(s). At the City's request, the Cott>any shall supply gas and
electric power for use by the City in the City system(s).
ll.4 RIGHT OF FIRsr PURCIIASE . In the event the Co\t>any at any time <ilring
the term of this Franchise proposes to sell or dispose of any of its real
property located within the City, it shall grant to the City the right of
first purchase of sane. The Carpany shall cbtain a qualified appraisal en any
s uch property and the City shall have sixty ( 60 l days in which to exerciae the
right of first purchase by giving written notice to the Ccapany . Should the
City not provide the required written notice, the Carpany may proceed to
neqotiate with others for the sale of such property provided that the ~y
may not sell such property for an anount less than ninety-five percent (9~)
of the appraised value without first providing the City an qJpOrtwti.ty to
purchase such prq:>eny a such lesser price, in which event the City III.ISt
no ify he CcJll>any in wri ing within thirty (30) days if it wishes to purchase
such PI:' rty. It is underst that nothing in this paragraph shall preclude
the y fran transf rring 1:1 a1 property to a subsidiary or affiliate
withou first affording he City the rights referred to abolle, provided that
if the transf p to 11 or di of such property within one (1)
year, 1 shall not do so withou firs affording the City the rights referred to
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13.2 SIWL Pa'JF.R PR<XlOCTIOO AND CQ-.GFl.IERA'l'IOO. 'nle City expressly
reserves the right to engage in the production of electricity. 'nle carpany
agrees to purchase City generated power pursuant to separate contracts
negotiated with the City.
ARl'IaB 14
14.1 FQU"EIWRE. Both the ~y and the City recognize there may be
circunstances whereby ~lianoe with this Franchise is inplssible or is
delayed. In those instances, the ~y shall use its best efforts to OCIIply
in a ti.J.ely manner and to the extent possible. If the ~Y fails to
perfonn any of its obligations under this Franchise, the City Council may
determine, after hearing, whether such failure is of a substantial nature.
~ receiving notice of such determination, the ~Y shall have a
reasonable t , not to exceed six ( 6) l!alths, in which to remedy the
violations, unless the parties otherwise agree in writing. If after such time
corrective actions have not been successfully taken, the City Council may
declare the Franchise forfeited . 'Ihls shall not limit or restrict any other
rights or renedi available to the City or the Ca!tlany at law or in equity.
14.2 11'INUfD OOLIGATI . Upon forfeitur , the ~y shall continue to
provi rvice o the City and its re 1den s in accordance with the tena
hereof unul the C1ty alternati arrangements for such service. If the
y fail to prov1 continued aerv1ce, it shall be liable for ~ to
the City.
• •ns
15.1
1n
'taOOil!leS .,.!!nd~~er1t( e I o, both
in an eftort to
on,
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1 6 . 3 !u:J?RESEll'l'ATIVES. Each party shall have a representative to whan
not ices shall be sent regarding this Franchise. Initially, the City's
r epr e s e nt ative shall be the City Clerk and the company's representative shall
be t he District r.lanager or registered ac;ent. Notices, including notice of any
c hange o f r epresentative, !:hall be i n writing and forwarded by certified mail
or hand Cle livery to the designated representative.
16.4 ar:rn ux;ru, R&H>IES. Noth ing herei n contained shall limit or
restrict any l eqal r i9hts that the City or t he ~~y may possess.
16.5 SL"\'rnABILIT'l. Should any one or rore provisions of this Franchise
det tmined t o be i llegal or unenfo r ceabl e , all other provisions
neverthel ess shall rEIMin e ffective; provided, however, the parties llhall
forthwi h enter into CJOOd faith negotiations and proceed with dJe diliqence to
dra t il tern that wil l achieve t he original i ntent of t he parties hereunder.
ARI'Ia.B 17
17.1 'vUl"rn AP:?RO\Ii\L. 'ntis Franchise shall not bccale effective unless
~roved by a majority vote of the reg1stered electors of the City voting
thereon at spcci 1 nunicipal electlon to be held on '1\lesday, JWle 21, 1988 .
17.2 Ol!PArrL APPIO/i\L . 'nle <:cq:~any ahall f le with the City Cl erk ita
written offer of this Franchise and of t tet:nS and provisions herei n "*'ich
wri ten offer shall be subn.ittcd to the C y at least ten days prior to the
ial l!urucipal lection, which of er shall not be revoked by the OcllpBny
pnor to the electlon. f vorabl of the electors of the Cit y of
t:nqlelo'OOd on the is of this 1-':nnc:hise, 1 oonatitut the City's qrM tinq
o this rranchise .
Section 4 . Safety Cl • '1
nnd de<:laru that this Or'dinanca 1a
publ c he lth, y and lf
n ull,
C ty Counc:1l hereby f !'Ida , dlrterndnea,
ury for the pretterv tion of the
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Published as a Bill for an Ordinance on the __ day of ____ , 1988.
A'J'l~~r:
Patricia 11. Crow, city clerk
I, Patricia JJ. Crow, City Clerk of the City of Dlqlewcod, COlorado,
hereby certify that the above lind foregoing is a true copy of a Bill foe an
Ordinance, introdJced, read in full, lind passed on first reading on the
clay of , 1988. -
Patr~c~a H. Crow
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT
April 18, 1988 1988 Slurry Seal Progra•
INITIATED BY ______ c_i_ty __ M_an_a_g_e_r __________________________________ ___
ACT 1 ON PRO PO SED, ___ P_a_s s_a_g_e_o_f __ re_s_o_l u_t_i_o_n _a_l_l ow __ i_ng __ f_o_r _a __ neg __ o_t_ia_t_e_d_c_o_n_t r_a_c_t ___
for Slurry Seal Progra• 1988 (an exception to the ca.petit1ve bid process)
and award of a negotiated contract for Slurry Seal Progra• 1988 .
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FINANCIAL
Mr . Jake Broadaway, President of BASS, Inc. recently visited the City of En-
glewood, to discuss our proposed 1988 progra• with us. He is presently
evaluating our progra• and preparing a unit price for our project. Our nego -
tiated price for the 1987 Slurry Progra• was $1 .64 per square yard. We are
expecting to benefit this year fro.: 1) a savings in transportation of emul-
sion (advance planning will allow for rail transportation rather than MOre
expensive truck transportation utilized last year, 2) advance ordering of
aggregate materials should generate savings over last year's aggregate costs,
3) The general contractor should be .ore cOMfortable with working in the En -
glewood area (area was new to hi• in 1987), 4) BASS is trying to contract
other work in the Metro Denver Area to acca.plish while he is here (additional
volu.e would .ean overall lower unit costs for all concerned).
We would anticipate the above 1te.s would generate savings over last year of
approxi•ately 101, resulting in unit prices in the $1.45 to $1.50/S.Y. range;
allowing us to construct approxi.ately 130,000 square yards of slurry (Approx .
60 blocks) in our 1988 progra.. With the added expense of our specific quali -
ty local aggregate, the transportation costs for bringing quick -s et e.ulsion
fra. Vickburg, Mississippi, and the .ob111zation of a construction effort from
North little Rock, Arkansas, we believe unit costs in the $1 .50 range to bt
reasonable and acceptable . The costs for Slurry Seal Progra• 1988 are borne
by the City through .antes budgeted in the PIF (includes Arapahoe County Road
l Bridge Fund Monies).
Esti.ated Ex nditure Available Fundi
Per ant ici pated unit prices -
130,000 S.Y. t $1 .50 /S.Y. • $195,000 PIF $200 ,000
llCOIIODATIOM
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RESOLUTION NO. ~
SERIES OF 1988
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A RESOLUTION ALLOWING FOR A NEGOTIATED CONTRACT FOR THE SLURRY
SEAL PROGRN1 1988 INSTEAD OF THE COMPETITIVE BID PROCESS UNDER
SECTION 116(b) OF THE HOfo\E RULE CHARTER AND THE ENGLEWOOD
HUNICIPAL CODE 1965, SE CTIO N 4-1 -3, AND AWARDING A NEGOTIATED
COtlTRACT FOR THIS PROGRA!-1 FOR HAINTENANCE OF THE ENGLEWOOD STREET
SYSTEtl .
UIIE RE AS , the City of Englewood is re s ponsible for
Maintenance of appro x i~atcly 117 mil es of p u bl ic roadways in the
City ; and
HHEREAS, the Departments of Engineering s rvices and Public
Works have developed a system-wide maintenance program in wh ich
hey have found slurry s al to be a v~able, economic preventive
Main enance alternative; and
IIHEREAS, previous construction experience and e xpanded
product knowledqe has caused th staff of these two departments
to believe thft local contr ctors do no possess the specif~c
produc knowledqe or construction expert~se to construct a
quick-set slurry accept ble to Ci y standards; and
WHEREAS, local emulsion manufac urers presently do not
produce proven qu~ck-s t mulsion a tisf ctory to c ty needs;
nd
of
bili
in
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d th
sp cific
Ergon R fin ry
Inc. of
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Slurry Seal
as allowed
and Section
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171 .;t n <1(. ..,.,,",. T IY'T r., t!'xaeet£ .,l'fS, ~o
Program l988~in lieu of the competitive bid process
by Section ll6(b) of the Englewood Home Rule Charter
4-1-3-1, Englewood Municipal Code 1985 .
Section 2. The Departments of Engineering Services and
Public Works are hereby authorized to prepare a contract for the
Slurry Seal Program 1988 pursuant to their investigations of -,
local aggregate, quick-set emulsion produced by the Ergon
Refinery in Vicksburg, Mississippi, and construction of the
product on Englewood streets by Bituminous Asphalt Sealing
Specialists, Inc., of North Little Rock, Arkansas.
ADOPTED AND APPROVED the 18th day of April, 1988.
Susan Van Dyke, Mayor
Attest:
Patricia H. Crow, city Clerk
I, Patricia H. Crow, City Clerk of the City of Englewood,
Colorado , hereby certify that the above and foregoin9 is a true
copy of Resolution t•o. __ , Series of 1988.
Patricia H. Crow
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RESOLUTIOtl NO . .J!j_
SERIES OF 1988
Sponsored by Councilman Kozacek
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A RESOLUTION OPPOSING THE "LOTTO" FORM OF GAMBLING IN THE STATE
OF COLORADO.
WHCREAS, the State Legislature for the State of Colorado has
approved legislation authorizing Lotto as a method of funding
certain governmental functions; and
t·lHEREAS, Governor Roy Romer has vetoed said legislation; and
tmERE .I\.S, the Englewood City Council believes that using
Lotto receipts to fund important governmental functions is
improper; and
WHEREAS, the Englewood City Council opposes philosophically
the use of gambling to provid important governmental services;
and
WHE9EAS, Lotto philosophically nd prac ically hurts Western
heritage or work ethic and bu ldinq for the futur ;
NOO, THEREFORE, BE IT USOLVED BY TilE EtiGLEWOOO CITY COUNCIL
THAT:
It oppoc • Lotto and re u
approve this form of 9 1 ng o
tune 1ons.
A tea
r\
yor
L gulature no
in o v rn nt
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C 0 U N C I L
DATE
April 18, 1988
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C 0 M M U N I C A T I 0 N
AGENDA ITEM SUBJECT long Range MISter
Plan for the 81 -City
Wastewater Treat~nt Plant
INITIATED BY ___ B_i_-C_i_ty:...._S_t_af_f_a_nd_S_up~e_rv __ is_o_ry:...._C_o.._i_t_te_e _______ _
ACTION PROPOSED. ____ A~p~pr_o_v_al_o_f_t_h_e_l_o_n~g_R_a_ng~e_M_as_t_e_r_P_l_a_n_f_o_r_t_h_e __ ___
Bi -City Wastewater Treat~nt Plant.
IAClUCUI»
A long -Range Mister Plan has been prepared by Brown and Caldwell Consulting
Engineers and has been revl..ed and approved by the Bi -City staff and the Bi -
City Co..ittee. The plan will be used as a planning and budgetary tool for
the orderly and econoaical upgrading and expansion of the Bi -City Wastewater
Treat .. nt Plant .
If approved, the Mister Plan will be sublitted to the Colorado Depart~nt of
Health for review and approval as a 201 facilities plan . The Supervisory Co.-
•ittee will continue to pursue federal grant assistance or a State Revolving
Fund loan to provide optional financial support for the project .
Approval of the Master Plan will enable the Co..lttee to proceed i-.ediately
wi th a pred stgn, design and construction of the reca..ended projects subject
o th budg tary approval by the City Council .
1£ n•
solution approvt th Rang M sttr Plan for h Bi -
" P1 "
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RESOLUTION NO. ~
SERIES OF 1988
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A RESOLUTION APPROVING A LONG-RANGE MASTER PLAN FOR THE
LITTLETON/ENGLEilOOD DI-CITY ~lASTE\~ATER 'l'REATMENT PLANT.
WIEREAS, a long-range master plan has been prepared by
nrown and Caldwell Consulting Engineers which sets forth concepts
and guidance for the orderly and economical upgrading and
c:•pansion of the Bi-Ci ty llastewater Treatment Plant; and
\IIIFREAS, the Bi-City Plant staff and Supervisory Committee
have r vie\>'Cd the Long-Range Haster Plan and recommend its
adop ion and imp lementation;
NC'\1, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLE\lOOD, COLORADO, AS FOLLOWS:
s ction 1. Th City Council of the City of Englewood
h rPby pproves the Long-Range Master Plan for the B1-City
wastewa er Trcatnent Plant and directs that the approved Master
Pl n be submit ed to h Colorado Departnent of Health for rev1ew
and pproval as a 201 facilities plan.
Ci y Council d1r eta the Sup rvisory
to ~ursu d ral gr n a sis ne or a lo n from th
d s te revolv1ng lo n fund to provid h option of
sunport for h proj c .
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eta h Sup rv sory
a ion o Phas Ia proj c •
engin ering • rv1ces for
si9n work for h
Wl h
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Section 5 . The City Council directs the Supervisory
conmittce to proceed with plant construction for Phase Ia
projects after review and approval of the predesign and detailed
design of the projects and after receiving budget authorization
from City Council . ~
ADOPTED AND APPROVED this 18th day of April, 1988.
Mayor
Attest:
Patricia H. Crow, City Clerk
1, Patricia H. Crow, City Clerk of the City of Englewood,
Colorado, hereby certify that th abov and foregoing is a true
copy of Resolution No. ____ , Series of 1988.
Patricia H. Crow
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!3 a i i
MEMO
TO: City Council
FROM: Rick DeWitt, City Attorney
DATE: April 13 , 19 8 8
RE: Hoffachneider Concrete
I previously gave you a report concerning Hoffschneider Concrete.
We have aade a written deaand on both Hoffschneider and the
bonding c~any for pa~nt for severe spalling probleas with
concrete placed by Hoffschneider. The bonding c~any indicates
that they will pay $2,000, the liait of Hoffschneider's bond, but
approxiaately $4,700 worth of work has to be paid by
Hoffschneider. They have ignored our written requests, and I
would request authority to coaaence suit against Hoffachneider
tor the defective work.
subaitted,
b b
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!3a__/;i '
·ro: City Council ~'
FHOH: Rick DeWitt , City Attorney
DATl:: April 13, 1986
RJ:.:: Enforccm nt of Sign Code
Thl' 'lt • "·'" h••t>n working with various businesses to obtain
c "'Plt.IIH"•• w1th th• Sign Code. Literally, scores of businesses
lhH'•' "'' n,• ult ,, ,. 1m pl iance, but there is one that continues to
r. lu:;.• t<' ,.,,mpl • wtth the Code. That is the property at 3 4 21 s.
lit o.1.t1 ·' • ,,.l ''"1 lh r ctor of Collll'luni ty Development has requested
h.lt 1 ,., r:l•'ll<"<' l t t 1q t ion on th ubect and would request
, ut h· r t y t '' prnt'l'f'rl t n th ls r g11rd.
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C 0 U N C I L
DATE
April 14, 1988
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C 0 M M U N I C A T I 0 N
AGENDA ITEM
J1h/
SUBJECT Appoint~nt to the
Parks l Recreation Co..ission
INITIATED BY ______ c_it~y_C_o_u_nc_i_l __________________________________ _
ACTION PROPOSED ______ ~Ap~p_o_in_t_•_n_t_t_o __ th_e __ Pa_r_k_s_a_nd __ R_ec_r_e_at_i_o_n_c_~ __ i_s_si_o_n __ _
At the present ti~. 1 Youth "'-ber vacancy exists on the Parks and Recreation
Co..ission. Mr . Russell Hathaway is currently the Youth "'-ber Alternate . It
is City Council's desire to appoint Mr . Russell Hathawa~ to that vacancy .
That City Council appoint Mr . Russell Hath.-.y to the Youth "'-ber vacancy on
the Parks and Recreatt011 Ca.hston to a ter11 tllal expires October I , 1911 .
I .
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