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Home My WebLink About1987-06-22 (Special) Meeting Agenda• • • 0 ENGLEWOOD CITY COUNCIL-SPECIAL SESSION • JUNE 22, 1987 • • - • • 0 ' &41 0; u ~~{ . !tu.,tLro/) -0 "'\ lei~ )ir )C ~ ;~·; u~tl ;r .-1 ,~I _;;/ 3 2-• I · '-' • ~ cl.i.IJt • . l't.( / 6~u: ~' /Jtt 'C. t • I . . • - • • • 1. Call to Order • • • EIILEIIOOD CITY CCIIIICIL EIILEIIOOD I ARAPAHOE CMrY I COLOIADO JJ!ctal Sesaton ... 221 1117 The speci1l -.eting of the Englewood City Council w1s tilled to order by Mayor Otis at 7:30 p .•. 2. lnvocatton The invoc1tion was given by Council "'-bar Vobejda. 3. Pledge of Allettance The Pledge of Allegiance was led by Mayor Otis. 4. Roll Call Present: Absent: Council N.lbers Higday, Van Dyke, Vobejda, Silo, Brad-shaw, Otts Council Ne.ber Kozacek A quoru. was present. A 1 so present: City Manager Mc:c_, City Attorney Olsen s. •unut .. Assistant City Manager Vargas Director Parks and Recreation Kuhn Deputy City Clerk Ellfs (1) COUNCil MEMBER BRADSHAW ,_,VED, COUNCil MEMBER BllO SECONDED , TO APPROVE THE MINUTES Of THE REGULAR MEETING OF JUNE 1, 1987 . Ayes : Nays: Abstain : Absent : Counc i l Ne.ber s Van Dyke , Vobejda, Bilo, Bradshaw None Counctl "--ber Hfgday, Ot ts Council Ne.ber Kozacek Notion carried . • ... I . - • • • Englewood City Council Minutes June 22, 1187 page 2 6 . Pre-scheduled Vtsttors • • • Due to special ~eting status, there was no discussion under this section. 7. Non-scheduled Vtsttors Due to special ~etlng status, there was no discussion under this section. 8. ec-.rttcattons and Procl .. ttons (a) COUNCil MEMBER BRADSHAW fi)VED, COUNCil MDIBER BllO SECONDED, TO REAPPOINT WAlT TOMOOKA AND RICK BOSElll TO THE EDDA BOARD FOR TERMS OF OFFICE BEGINNING JUlY 1, 1987 THROUGH JUNE 30, 1991. Ayes: Nays: Abstain: Absent: Council Melbers Higday, Van Dyke, Vobejda, Bilo, Brad-shaw, Otts None None Counctl Nlllber Kozacek Motion carried. 9. Consent Agenda COUNCil MDIBER BRADSHAW fi»VED, COUNCil MEMBER BllO SECONDED, TO APPROVE CONSENT AGEJilA ITEMS 9 (a) THROUGH (f). (a) Minutes of the Planning and Zoning Co.tssion ~eting of May 5, 1987 and June 2, 1987. (b) Minutes of the Urban Renewal Authority ... ting of May 6, 1987. (c) Minutes of the Downtown Develo.-nt Authority •etlng of May 13 , 1987 . (d) Minutes of the Parks and Recreation Co.lssion •etlng of May 14 , 1987. (e) Minutes of liquor licensing Authority ... tlng of May 20 . 1987 . (f) Ordinance No . 29 ... ndlng the Engl~ Housing Rehabilitation loan Agre ... nt and authorizing the transfer of $303,000 for adllnlstra -tlon of the Housing Rehabilitation Progr• . • I . • • • • • • • Englewood Ctty Counctl Ntnutes June 22, 1187 Pill 3 ~es: Nays: Counctl Ne.bers Htgday, Van Dyke, Vobejda, Bilo, Brad-shaw, Otts Abstatn: Absent: None None Counctl Ne.ber Kozacek Notton carrted. 10. Pultltc Heartnt Due to spectal ... ttng status, there was no dtscusston under this section. 11 . Ord t nanc:es, bso 1 ut tons and 11ot tons (a) RESOLUTION NO. It, INTRODUCED BY COUNCIL MEMBER BRADSHAW, WAS READ BY TITLE: A RESOLUTION APPOINTIN; ~YIN II. FOOTE AS AN ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MDIIER BRADSHAW ..WED, SECONDED BY COUNCIL MDIIER BILO, PASSAGE Of RESOLUTION NO. 19, Sertes of 1987. Ayes: Nays: Council "'-bars Htgday, Van Dyke, Vobejda, Bilo, Brad -shaw, otts Abstain: Absent: None None Counctl "'-ber Kozacek Notion carrted. 1 2 . Ct ty llanater' s lleport Due to special .. ettng status, there was no discussion under this section. 13 . Ctty Attorney's Report Due to special .. ting status, there was no discussion under thfs sect ton. 14 . leneral Dtscusston (a) Mayor's Choice Due to spectal .. eting status, there was no dfscusston under this sectton. • I . • • • • • Englewood City Council Minutes June 22, 1187 page 4 (b) Council Member's Choice COUNCIL MEMBER BRADSHAW MOVED, COUNCIL MEMBER VOBEJDA SECONDED, TO RECONSIDER RESOLUTION NO. 18, Series of 1987. Ayes: Nays: Abstain: Absent: Council Melllbers Higday, Van Dyke, Vobejda, Bradshaw, Otis Council Melber Bilo None Council Melber Kozacek Motion carried. Council Metllber Bradshaw stated that she was asking Council to reconsider this, as six citizens had contacted her regarding the proble~~s they have had trying to use the park shelters. Council Me.ber Van Dyke questioned if there had been any additions or changes to Resolution No. 18 as originally presented . Ms . Brad -shaw stated that it was the sa.e. Council Mellber Bradshaw responded to questions fro~~ the Council -..bers. The Council Mellbers voiced the sa.e concerns they had at the June 1, 1987 .. eting. Council Me.ber Bilo stated he had not received calls on this resolution, pro or con, and would like to hear data to substantiate the need for this resolution. He noted that as long as day care facilities paid $200.00 then the bus loads could still co.e in, so the resolution as presented did not really address the proble. of park usage. Director of Parks and Recreation Kuhn presented the infonaation gathered fro. .anitoring the nu.ber of day care facilities using the parks . He noted that the Parks and Recreation Depart .. nt per - sonnel would be responsible for enforcing the Resolution and the Police Depart .. nt has agreed to assist fn the event of a confronta - tion . Mr . Kuhn stated there are four or five groups who use the parks during the course of the year who cre ate the probl .. s. They bring in school bus loads at a ti .. with perhaps two supervisors who are not really watching the kids. He noted that the nu.cer could be as high as twenty groups that will be using the facilitie s this su ... r . Mr . Kuhn noted that the Colorado Revi sed Statutes Identifies a child day care center as any facility th1t cares for .are th1n five children who Ire not related to the person taking c1re of th ... • I • • ( • ' Englewood C1ty Council Minutes June 22, 1987 page 5 • • • Council MeMber Van Dyke ~de the following state.ent: •our role as legislatures Is to responsibly address and rectify serious City concerns. In order to acco.p11sh this task, equitably and effi- ciently, we .ust be provided with adequate info~tion in which to verify, beyond a shadow of a doubt, the need to i.,ose new laws. In the case of this Parks and Recreation reco..endation, to i.,ose a fee for the use of City Parks by professional day care centers, substantial and in depth info~tion is woefully lacking. Add to that, the fact that there's a serious lack of •anpower available to effectively enforce a require.ent for per.its, leads ~ once again to take a stand in opposition of this motion. When it c~s to i.,le.enting what is ~ndated, we as responsible co..untty leaders, .ust be able to budget the necessary personnel and/or funds for enforce.ent of new laws. Otherwise, we find ourselves in the act of legislating e.pty and ~antngless laws. I strongly feel the intent of this legislation needs to be studied. However, I do not feel the additional research at this tt~s is sufficient in nature to warrant the passage of this legislation In its present state .• Mayor Otis stated he would support this resolution, but he noted he did not feel the flat fee of $200.00 was equitable. He noted that Sect ton two gives the Parks and Recreation Depart•nt the respon - sibility of notifying users, charging the fees and deter.tntng how the enforce.ent would be handled. This appears to give th .. a lot of leeway. He suggested that the Parks and Recreation Depart~nt could co.e back to Council wtth a suggestion for a sliding fee schedule, charging up to $200.00 a year. He felt it would be very difficult to put anything like this in effect by July lst or even thts s._r. Council Me.ber Bradshaw questioned Mr. Kuhn about the difficulty of putting this resolution into effect. Mr . Kuhn stated that they do require a per.ft at thts tf•, but there ts no charge . He felt they could advertise in the paper and infor. the groups IS they c .. into the Parks that they would need to pay a fee before using the fac t1 it fes the next t 1~. Mr . Kuhn also addressed a concern ratsed at the June lst ~eting, IS to how they would really know which groups were there . He stated the per.tts would be nu~red , which would help with .anitoring the user s and the record keep i ng . Council Me.ber Van Dyke requested that the Parks and Recreat i on Depart .. nt have statistics prepared for City Council at the end of s._r, IS to how ~ny day care centers were approached and charged , etc . Mr . Kuhn stated the Parks and Recreation Depart .. nt staff had i n- tended to do that initially, as groups are using the park s In larger nu.bers and -are consistently . • I . • --- • • Englewood Ctty Council Minutes June 22, 1187 Plfl & • • • The Council .-ended the Resolution as follows: Change •a flat rate fee of $200 per year• to read • a fee up to $200 per year• (two places) and in Section 2, "charging the fees• to read "charging and deten.ining the fees•. COUNCIL NOllER BRADSHAW OED, COUNCIL NOllER HIGDAY SECONDED, TO APPROVE THE AMENDED RESOLUTICII 110. 18 APPROVING A FEE POLICY FOR USE OF ENGLEWOOD CITY PARKS BY COMNERCIAL DAY CARE CENTERS . Ayes: Nays: Absent: Council "'-bars Higday, Vobejda, Bradshaw, Otis Council "--bars Van Dyke, Silo Council Me.ber Kozacek Notton carried . 15 . AdJourr.nt COUNCIL NOllER HIGDAY MOVED TO ADJOURN . The .. eting adjourned at 8:03 p.•. • I . • 1. Call to Order • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COIIfTY, COLORADO Special Session JUNE 22, 1!187 The special ~eeting of the Englewood City Council was called to order by Mayor Otis at 7:30 p.m. 2. Invocation The invocation was given by Council Melber Vobejda. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Otis. 4. Roll Call Present: Absent: Council Me.bers Higday, Van Dyke, Vobejda, Silo, Brad -shaw, Otis Council Me.ber Kozacek A quoru. was present. Also present: City Manager McCown City Attorney Olsen 5 . lllinutn Assistant City Manager Vargas Director Parks and Recreation Kuhn Deputy City Clerk Ellis (a) COUNCIL HOllER BRADSHAW ..WED, COUNCIL MDIIER BILO SECONDED , TO APPROVE THE MINUTES OF THE REGULAR N£ETING OF JUNE 1, 1ga7 . Ayes : Nays : Abstain : Absent : Council Melbers Van Dyk , Vobejda, Bi lo, Bradshaw None Council Metlber Higday, Otfs Council Metlber Kozacek Motion carried. • I . • - • • • Englewood City Council Minutes June 22, 1987 page 2 6. Pre-scheduled Visitors • • • Due to speciil meeting st1tus, there WiS no discussion under this section. 7. Non-scheduled Vhttors Due to speci1l .. eting st1tus, there Wis no discussion under this section. 8. C~nications and Procluations (i) COUNCIL MEMBER BRADSHAW J«>VED, COUNCIL MEMBER BILO SECONDED, TO REAPPOINT WALT TOMOOKA AND RICK BOSELLI TO THE EDOA BOARD FOR TERMS OF OFFICE BEGINNING JULY 1, 1987 THROUGH JUNE 30, 1991. Ayes: Nays: Abstain: Absent: Council Me.bers Higday, Van Dyke, Vobejda, Bilo, Brad -shaw, Otis None None Council Me.ber Kozacek Motion carried. 9. Consent Afenda COUNCIL MOllER BRADSHAW J«>VED, COUNCIL MEMBER BILO SECOII>ED, TO APPROVE CONSENT AGEIIlA ITEMS 9 (a) THROUGH (f). (a) Minutes of the Planning and Zoning C~hsion •eting of Miy 5, 1987 and June Z, 1987. (b) Minutes of the Urban Renewal Authority ... tlng of May 6 , 1987. (c) Minutes of the Downtown OeveloPMnt Authority •eting of Miy 13, 1987 . (d) Minutes of the Park s and Recreat ion C~lssion .. eting of May 14 , 1987 . (e) Minutes of Liquor Licensing Authority •eting of May ZO. 1987 . (f) Ordinance No . 29 ... ndtng the Englewood Housing Rehabilitation Loan Agre ... nt and authorizing the transfer of $303,000 for ad.inistra - tion of the Housing Rehabilitation Progr ... I . • • • • • Englewood City Council Minutes June 22, lt87 page 3 Ayes: Nays: Council Me.bers Higday, Van Dyke, Vobejda, Bilo, Brad-shaw, Otis None Abstain: None Absent: Council Me.ber Kozacek Motion carried. 10. Public Hearing Due to special -.eting status, there was no discussion under this section. 11. Ordinances, leso 1 uti ons and Notions (a) RESOLUTION NO. It, INTRODUCED BY COUNCIL MEMBER BRADSHAW, WAS READ BY TITLE: A RESOLUTION APPOINTING MARVIN W. FOOTE AS AN ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER BRADSHAW NOVED, SECONDED BY COUNCIL MEMBER BILO, PASSAGE OF RESOLUTION NO. It, Series of I987. Ayes: lllys: Council Ne.bers Higday, Van Dyke, Vobejda, Bilo, Brad -shaw, Ot ts lone Abstain: None Absent: Council Mt.ber Kozacek Mot ion carried. I2 . City Manager's Report Due to special -.eting status, there was no discussion under this section. 13 . City Attorney's Report Due to special ... ting status, there was no discussion under this section. 14. leneral Discussion (a) Mayor's Choice Due to special .. eting status, there was no discussion under this section . • I . - • • • Englewood Ctty Council Mtnutes June 22, 1987 page 4 (b) Council Member's Choice • • • COUNCIL MEMBER BRADSHAW MOVED, COUNCIL MEMBER VOBEJDA SECONDED, TO RECONSIDER RESOLUTION NO. 18, Se ies of 1987. Ayes: Nays: Abstain: Absent: Council Members Higday, Van Dyke, Vobejda, Bradshaw, Otis Council MeMber Bilo None Council Me.ber Kozacek Motion carried. Council Me.ber Bradshaw stated that she was asking Council to reconsider this, as six citizens had contacted her regarding the proble.s they have had trying to use the park shelters. Council Me.ber Van Dyke questioned if there had been any additions or changes to Resolution No. 18 as originally presented . Ms. Brad -shaw stated that it was the same . Council Mellber Bradshaw responded to questions fr011 the Council ..-hers. The Council Me.bers voiced the same concerns they had at the June 1, 1987 meeting. Council Me.ber Bilo stated he had not received calls on this resolution, pro or con, and would like to hear data to substantiate the need for this resolution. He noted that as long as day care facilities paid $200.00 then the bus loads could still come in, so the resolution as presented did not really address the probl .. of park usage . Director of Parks and Recreation Kuhn presented the infonaation gathered fr011 .anitoring the nu.ber of day care facilities using the parks . He noted that the Parks and Recreation Department per - sonnel would be responsible for enforcing the Resolution and the Poli ce Department has agreed to assist in the event of a confronta - tion. Mr . Kuhn stated there are four or five groups who use the parks during the course of the year who create the probl .. s. They bring in school bus loads at a time with perhaps two supervisors who are not really watching the kids . He noted that the nu.ber could be as hfgh as twenty groups that will be using the facilities this su..er. Mr. Kuhn noted that the Colorado Revised Statutes identifies a child day care center as any facility that cares for .are than five children who are not related to the person taking care of th ... • I • • - • • • Englewood City Council Minutes June 22, 1987 page 5 • • • Council Melber Yin Dyke •ide the following stite.ent: •our role is legislitures is to responsibly iddress ind rectify serious City concerns. In order to icca.plish this tisk, equitibly ind effi- ciently, we .ust be provided with idequite infor.~tion in which to verify, beyond i shidow of i doubt, the need to i_,ose new liws. In the case of this Parks and Recreation reca..endation, to i•pose i fee for the use of City Pirks by professional diy care centers, substantial and in depth infor.ition is woefully licking. Add to that, the fact thit there's i serious lack of •inpower iViilible to effectively enforce i requir ... nt for per.its, leids .. once agiin to take a stand in opposition of this .ation. When it co-.s to i_,l ... nting what is ~ndated, we as responsible ca..unity leiders, .ust be able to budget the necessiry personnel and/or funds for enforc ... nt of new laws. Otherwise, we find ourselves in the ict of legislating e.,ty and .. iningless laws. I strongly feel the intent of this legislition needs to be studied. However, I do not feel the additional research at this ti .. s is sufficient in nature to warrant the passage of this legislition in its present stite .• Miyor Otis stated he would support this resolution, but he noted he did not feel the flit fee of S200.00 was equitable. He noted thit Section two gives the Parks and Recreation Depirt .. nt the respon - sibility of notifying users, charging the fees and deter.ining how the enforc ... nt would be handled. This appears to give th .. a lot of leeway. He suggested that the Parks and Recreation Depart .. nt could cc.e back to Council with a suggestion for a sliding fee schedule, charging up to SZOO .OO a year. He felt it would be very difficult to put anything like this in effect by July 1st or even this s._r. Council Melber Bradshiw questioned Mr. Kuhn about the difficulty of putting this resolution into effect. Mr. Kuhn stated that they do require a per.it at this ti .. , but there is no charge. He felt they could advertise in the paper and infor. the groups IS they co.. into the Parks that they would need to pay a fee before using the facilities the next ti•. Mr . Kuhn also addressed 1 concern raised it the June 1st .. eting, IS to how they would really know which groups were there. He stated the per.its would be nUIIbered, which would help wtth .anttoring the users and the record keeping . Council Metlber Van Dyke requested that the Parks and Recreation Depart•nt have statistics prepared for City Council at the end of s._r, as to how ~ny day care centers were approached and charged, etc. Mr . Kuhn stated the Parks and Recreation Depart•nt staff had In - tended to do that inttfally, IS groups are usfng the parks tn larger nu.bers and -are consistently . • I . • • Englewood City Council Minutes June 22, 1187 page & • • The Council ..ended the Resolution as follows: Change "a flat rate fee of $200 per year" to read • a fee up to $200 per year" (two places) and in Section 2, "charging the fees" to read "charging and deter.ining the fees". COUIICIL MEMBER BRADSHAW IIWED, COUNCIL MEMBER HIGDAY SECONDED, TO APPROVE THE MEfi)ED RESOLUTION NO. 18 APPROVING A FEE POLICY FOR USE OF ENGLEWOOD CITY PARKS BY COMMERCIAL DAY CARE CENTERS. A,yes: Nays: Absent: Council Melbers Higday, Vobejda, Bradshaw, Otis Council Melbers Van Dyke, B11o Council Melber Kozacek Notion carried. 15 . Adjourw.nt COUNCIL MEMBER HIGDAY .mvm TO ADJOURN. The .aet1ng adjourned at 8:03 p ••• I . . - ..... I • • • 1. 2. • • • AGENDA FOR THE REGUlAR MEETING OF THE ENGLEWOOD CITY COUNCIL r;, Call to order. '' Invocation. Ju 1 • 'J JUNE 22, 1987 7:30 P.M. 3. Pledqe of alleqiance. _.../ 4. 5. 6. Roll call. Minutea. Minute• of of June 1, 1987 • Pre-Scheduled Viaitora. (Due to epecial ... tinq atatua, there will be no diacuaaion under thia aection.) 7. Non-Scheduled Vi•iton. "(Due to apecial -etinq atatua, there will be no diacuaaion under thia aection.) 8 . Coaaunicationa and Proclaaationa. (a) Jl Letter froa Dan Green, Chairaan of inq reappointaenta to that Board. Jl ) " • the EDDA, reco nd- I . • • City June Paqe 9. • • • Council Aqenda 22, 1987 3 (:/ !V" ;.;/" ,'II Cqnaent Aqenda. A (a) Minutea of the Planning and Zoning co .. iaaion aeetinq of May 5, and June 2, 1987. (b) Minutea of the Urban Renewal Authority aaeting of May 6, 1987. (c) Minutea of the Downtown Developaent Authority aeeting o! May 13, 1987. (d) Minutea of the Parka and Recreation co .. iaaion aeeting of May 14, 1987. (e) Minutea of Liquor Licenaing Authority aeeting of May 20, 1987. Ordinance aaending the Enqlewood Houaing Rehabilitation Loan Agreeaent and authorizing the tranafer of $303,000 for adainiatration of the Houaing Rehabilitation _,.:e-.3 Proqraa. 10. Public Hearing. (Due to apeoial meeting atatua, there will be no diacuaaion under thia aection.) 11. Ordinancea, Reaolutiona and Motiona. , .. 1 ; ""'' I ':,1/J (a) Reco ... ndation to approve a Reaolution appointing an ~I additional Aaaociate MUnicipal Court Judge. I 'II 12. City Manager'• Report. (Due to apecia1 aeetinq atatua, there will be no diacuaaion under thia aection.) 1 3. City Attorney•a Report. (Due to apecial aeetinq atatua, there will be no diacuaaion under thia aection.) 14. General Diacuaaion. (a) Mayor'• Choice. (Due to apecial aeetinq atatua, there will be no diacuaaion under thia ••ction.) • I • • - • City Council Aqenda Jut\e 22, 1987 Paqe 4 (b) Council Meaber•a Choice. • • • (i) Reconsideration of reco ... ndation froa the Parka and Recreation co .. iaaion to establish a flat rate fee of $200 per season to day care centers for Enqlewood parka uaa9e. 15. Adjournaent. g':t1 3 ~lp~ Susan Powers Actinq City Nana9er SP/ab /~.I / /','I;,/~/ -tl'l -- {; lv { -/J tl • • I I . . • • • • J NOTICE OF CALL BY THE MAYOR FOR A SPECIAL SESSION OF THE CITY COUNCIL MONDAY, JUNE 22, 1987 7:30 P.M. The City Council of the City of Englewood, Arapahoe County, Colorado, i• called to a •pecial ... ting at City Ball, 3400 South Elati Street, for the purpo .. of conducting regular bu•ine•• de- ferred becauee of the cancellation of the regular City council .. eting of June 15, 1987. An agenda detailing the nature of this bueineaa b attached. <;ltf)~\P~ SUSAN POWERs Acting City Manager SP/ab ACDOWLEDGIIEJIT OF UCBIPl' OF lfOTICE Tbe followinc, penona, all Council ....,_n of the City of Enc)levood, do hereby acknowledcJe receipt of notice of the above •pecial call 24 boun prior to the apecial ... ting in accordance to Section l--5--2-2 of the 1915 BncJlevooc! Municipal Code, aa ... nded. I . . • - • • PRESDTED BY ----- 1 !1Lt t;c:~ {~<, & . t I Ll~ .t . " '--(:, .... -' !tOlL CALL Seconded "ega•y Van DYke Vobe1d• O Z&t""@lk lo r.dshaw til I . . • • - /· • • • • NOTICE OF CALL BY THE MAYOR FOR A SPECIAL SESSION OF THE CITY COUNCIL MONDAY, JUNE 22, 1987 7:30 P.M. The City Council of the City of Enqlevood, Arapahoe county, Colorado, i• called to a •pecial ... tinq at City Ball, 3400 South Elati Str .. t, for the purpo•e of conducting regular bu•ine•• de- ferred becau .. of the cancellation of the regular City Council aeetinq of June 15, 1987. An aqenda detailinq the nature of this bu•ine•• ia attached. <;"W}<:M\p~ SUSAN POWERS Actinq City Manaqer SP/•b ACJafOWLEDGICEIIT OF DCBIP'l' OP NOTICE The following per.ana, all Council ~r• of the City of Englewood, do hereby acknowled9• receipt of notice of the above •pecial call 24 houn prior to the ...-c=ial ... tinq in accordance to Section 1--5--2-2 of the 1915 £n9levood Municipal Code, a• aaended. I . • - • • I. Call to Order • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD I ARAPAHOE COUNTY I COLORADO Regular Session .JUNE 11 1987 J The regul1r Meeting of the Englewood City Council Wis tilled to order by Mayor Pro Te. Bradshaw at 7:35 p.•. 2 . Invocation The invocation w1s given by Council Me.ber Vobejdi . 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Pro Te. Bridshaw. 4. Roll Call Present: Absent: Council Me.bers Van Dyke, Vob ejda, Koz1cek, Bilo, Bradshaw Council ~rs Higd1y, Otis A quoru• wa s present. Also present: City Manager McCown City Attorney Olsen Assistant City Manager Vargas Director Housing Authority Feinstein Director Parks l Recre1tion Kuhn Deputy City Clerk Ellis 5. Minutes 6 . (a) COUNCIL MEMBER BILO MOVED, COUNCIL MEMBER KOZACEK SECONDED , TO AP · PROVE TH£ MINUTES OF TH£ REGULAR MEETING OF MAY 18 , 1917 . Ayes : N1ys : Abshin : Absent : Council ~~s V1n Dyke, Vobejda, Kozacek, Bllo, Br1dshaw None Non Council Me.be~s Higdiy, Otis Motion carr l d . Pre-scheduled Vlsttors • I . • • • • • Englewood City Council Minutes June 1, 1987 · Page 2 Mr. Ahn Feinstein, Housing Authority Director, presented to Council a Bill for Ordinance authorizing the transfer of $303,000 for the Housing Rehabilitation Program and assigning the responsibility for administra- tion of the progra• to the Englewood Housing Authority. Mr . Feinstein stated this was the a.aunt awarded to the City of Englewood for the Com- munity Development Block Grant Progra•s. He addressed the revisions that were made in the agreement between the City and The Englewood Housing Authority and answered questions regarding these changes. COUNCIL BILL NO. 34, INTRODUCED BY COUNCIL MEMBER BILO, WAS READ BY TITLE: A BILL FOR AN ORDINANCE APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY AND GRANTING TO ENGLEWOOD HOUSING AUTHORITY $303,000 FOR ADMINISTRATION OF THE HOUSING REHABILITATION PROGRAM . COUNCIL MEMBER BILO MOVED , SECONDED BY COUNCIL MEMBER VOBEJDA, PASSAGE OF COUNCIL BILl NO . 34. Ayes : Nays : Abstain : Absent : Council MeMbers Van Dyke, Yobejda, Kozacek, Bilo, Bradshaw None None Council Me.bers Higday, Otis Motion curled. 7. Non-scheduled Vtsttors Mr . Ralph Gies, 4725 South Clarkson, expres sed concern over the new as- sessments for the real estate evaluations . Mr . Gies asked Council if the 11111 levy for the 1986 taxes would be the SIM or would they be reduced by 1/2 to around 4 .095 ? He stated he real tzed that the Budget has not been presented to Council, but felt the citizens should start asking these questions now. City Manager McCown responded that the re - evaluation is subject to State law and fs done through the County Asses - sor 's office. He noted that there fs an tppeal period . Mr. McCown ex - plained that th taxes actually establ fshed by th Council would ta place in Octob r 1987 for 1988. There was a State law approved by t e State leglslatur this year because of the reassess nt that lf•fted all gov rn~~~ental bodies except school dfstrlcts to a •axiiiiUII of 5 1/ZS ln - cr ase. That excludes new construction, reconstructions, etc. Mr . Cown stated that 110st likely there would be a r ductlon In th mill levy fn accordanc with the State La w. Discussion ensued. 8 . Co.untuttons 1nd Procl ... tton 1) COU Cll HEMBCR kOZACEk MOV[O , COUNCIL MEMBER BllO SECONDED, TO PRO -ClAIM JUN 14, 1987 AS NATJ AL FLAG DAY . • I . • - • • • • • Englewood City Council Minutes June 1, 1987 -Page 3 Ayes: Nays: Abstain: Absen&: Council MeMbers Vin Dyke, Vobejda, Kozacek, Bilo, Bridsh•w None None Council Me.bers Higday, Otis Motion carried. b) COUNCil MEMBER BllO MOVED, COUNCil MEMBER VAN DYKE SECONDED, THAT THE NOTICE OF EXPIRATION OF TERMS OF OFFICE FOR VARIOUS BOARDS AND COMMISSIONS BE RECEIVED. Ayes: Niys: Abstain : Absent: Council Me.bers Van Dyke, Vobejda, Kozacek, Bilo, Bridshaw None None Council Me.bers Higday, Otis Motion c•rried. 9. Consent Agenda COUNCIL MEMBER BllO MOVED, COUNCil MEMBER VAN DYKE SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) THROUGH (f). (a) Minutes of the Board of Career Service Co..fssioners .. etfng of March 26, I 987 . (b) Minutes of the Englewood Downtown Develo~nt Authority .. eting of April 8 , 1987. (c) Minutes of the Board of Adjust .. nt and Appeals .. eting of April 8, 1987. (d) Minutes of the Parks and Recreation Co..ission .. eting of April 9, 1987. (e) (f) Minutes of the liquor lie nsfng Authority .. etfng of May 6, 1987 . Minutes of the library Advisory Board tlng of May 11, 1987 . (g) Ordinance No .28 author i zing Issuance and sale of the spe c ial u -s ss nt bonds for Paving District No . 32 . Ayes : Nays : Abstain : Abstnt : Council Me.bers Van Dyke, Vobejda, Kozac k, Bilo , Bradshaw None Non Council "'-bers Higday, Otts Not I on carr I d. I . • • Englewood City Council Minutes June 1, 1987 -Page 4 10 . Public Hearing No public hearing was scheduled . II . Ordinances, Resolutions and Motions • • • J • (a) City Manager McC~ presented a reca.endatlon to adopt a resolu- tion a~~ending the Public IIIProve~~ent Fund Six-Quarter Budget. He stated that they have balanced the Six -Quarter Budget for 1ga7 through the first two quarters of 1987 in accordance with the revenues that have been received to date. Mr. McCown noted that if revenues cont t nue to decrease as they have so far this year that additional action will have to be taken in the last two quarters of 1987 to account for approxi .. tely another $144,000 in reductions in order to totally balance the Budget. Council Member Kozacek co.ented that even though he 's been pushing for the South Navajo Road project he would vote In fivor of the a .. nded Budget, but hopes to see the project reinstated at a later date. Council Member Bllo also stated that because of the Budget deficit he would vote in favor of the uended Budget, but hoped that the projects that were being delayed would be reinstated soon. RESOlUTION NO . 17, INTROOUCm BY COUNCIL MEMBER BILO, WAS READ BY TITLE: A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT fUM). COUNCIL MEMBER BILO MOVED, COUNCIL MEMBER VOBEJOA SECONDED, PASSAGE Of RESOLUTION NO. 17 . Ayes: Nays: Abstain : Absent : Council Melbers Van Dyke, Vobejda , Kozacek, Bllo, Bradshaw None None Council Helbers Hfgday, Otis ftotton cu·r d . (b) D rector of Parks and Rtcrut on kuhn presented a rec ndlt ton fr011 the Parks and Recreation Co.tssfon to approv e a r solution approving a fe policy for use of City Parks by Co.erclal Day Car Centers . Council r Koz ce k reque sted that a nd th resolution In two places, r ~ r nces to •sea son• should chang d to •year . • Councfl r Bradsha., asked Mr. Kuhn If th ld's Stop, a li ens d daycar c nter In Englewood, uld fall und r th s resolution. Mr . Kuhn stattd they would, that th only • tlons uld b th Englewood Public Schools. Council r Br dshaw stated that this probl .. c to a peak when SOlie of our ngl od School Ids couldn't use th P rks because th y r r by I . • - • • • Englewood City Council Minutes June 1, 1ga7 -Page 5 • • • J l i ttleton, Jefferson County, Denver, etc . She noted that the Parks and Recreation Co.aission instituted a reservation for Englewood Schools to use the parks fro. January 1st to March 1st, after that t inte it is open reservations. Council Me11bers expressed concern about enforce.ant of this resolution . Council Mellber Bilo stated he would vote against this resolution because it lacked definition as far as what is co.nerclal and what is not, inadequate statisti - cal data to constructively support this, and because of the present inab i lity to enforce the resolut i on. Council Me.ber Van Dyke stated that she felt the Parks and Recreation Com.isslon should re -evaluate the situation . Council Me.ber Bradshaw stated that the Co..ercial Daycare Centers are dropping off kids by the bus -load to use the parks as part of their progr .. and yet the citizens of Englewood are paying for the .. i ntenance of the facilities . Counc i1 Me.ber Bradshaw agreed to convey their con cerns to the Park s and Rec reat i on Ca..iss i on . Af t er consi derable discu ssion, RESO LUTION NO . 18 , INTRODUCED BY COUNCIL MEMBER VOBEJDA, WAS READ BY TITL E: A RESOLUTION APPROVING A FEE POLICY FOR USE OF CITY PARKS BY COM -MERCIAL DAY CARE CENTERS . COUNCIL MOllER V08£JDA MOVED, COUNCIL MEMBER BRADSHAW SECONDED , PASSAG E Of RESOlUTION NO. 18 . Ay es: Nay s: Ab sta in: Ab se nt : Counc i l "--bers Vobejda , Bradshaw Coun ci l Me.bers Van Dyk e , Koza cek , Si lo None Cou nci l Me.bers Htgday , Ot is Motion defeated. 12 . Ct ty ~tana ger's b port Mr . McCown dtd not have any .. tters to bring before Council . 13 . Ct ty Attorney's 1eport Mr . Olsen dtd not have any .. tters to bring before Council . 14 . lener al Dheuuton {a) Mayor's Choice Mayor Pro T .. Bradshaw noted that the regular City Council Meeting scheduled for Jun JS, 1987 has been postponed due to a Colorado • I . • • Englewood City Council Minutes June 1, 1987 -Page 1 • • • Municipal league function. A special ... ting has been scheduled for Monday, June ZZ, 1917. (b) Council Mlllber's Choice No further .. tters were discussed. IS. AdJourn.ent COUNCil MEMBER KOZACEK MOVED TO ADJOURN. The .. eting adjourned at B:ZO P·•· I . - • • ENGLEWOOD DOWNIOWN DEVUOI'MENT AUTHOIIITY 3535 s Sho!man- E~ Colomdo 110110 ~JOJ 781 71185 ,o June .¥,' 198 7 Mayor Eugen Otis City of Englewood 3400 South Elati Street Englewood, CO 80110 Dear Mayor Otis: • • • By unaniaous vote of th Board of Director of the EDDA, I highly re a..end that City Council reappoint Walt Ta.oola and Rick BoaelU to th EDDA Board for t of offfc ginnin July I, 1987 through June 30, 1991. Th h.v oth indi at d a n int r st to rv anot r t n.. A you kn , Walt is a own r in Downtown, and r pr nt a v on th EDOA Board. His c ontribution• nificant. Stn r lv, brin s to th EODA ard th d. Hie r pr oration fro• h d ruly poeitiv t ~fr-) n tnat ht and dfr tt n fnd r lla Ci t y ct n th loard' I • • - • • • • • • CITY OW B•GLBWooD ·~I.a AKD IO·I·G COKKIBBIO. DY 5, 1917 I. CALL '1'0 ORDBa. The reqular aeeting of the Englewood Planning and Zoning Coaais- sion was called to order at 7:00 p.a. by Chairaan Carson. Members Present: Carson, Maunakea, Mulhern, Russell, Allen, Hanson, Barbre. Roaans, Ex-officio. Meabers Absent: Magnuson. Also present: Senior Planner Susan Hirsch. II. A•PaOYaL OW KI~8. April 21, 1987 Cbairaan Carson stated that the Minutes of April 21, 1987, were to be considered for approval. Allen aoved: Maunakea seconded: That the Minutes of April 21, 1987, be ap- proved as written. AYES: NAYS: Carson, Maunakea, Mulhern, Russell, Allen, Barbre. None. ABSENT: ABSTAIN: Magnuson. Hanson. The aotion carried. III. A•PIOWaL or ri~I ... or ~. April 21, 1917 Chairaan Carson stated that the PincU.nv s of Pact in Case 17-17 for proposed chang-to the eo.prebenaive Zoning Ordinance be considered for approval . Barbre aoved: Maunakea second d: Tb Findings of Pact in Case 17-87 be approved as written. AYES: NAYS: ABSENT: ABSTAIIf: Barbre, Maunakea, None. Magnuson. Hanson. The aotion carried. "· Mulhern, Russell, Allen and Carson. Avenue • I • - • • - The Chainaan called for consideration of the Final Subdivieion Plat for Quincy Haven. It vas noted that the Prelillinary Plat had been approved by the Coaaiaaion in 1984, but certain correc- tions were required to be aade on the Plat, and it was necessary for land to be traded with the owner of the north parcel because the property line of one of the proposed lote cut across the porch of the structure on that parcel. This has been done, and the Final Plat was aubaitted. Susan Hirsch, Senior Planner, stated that the proposed subdivi- sion consists of 7 lots with a private street. She aubaitted a copy of •covenants Running with the Land•, and stated that the dates and lot nuabera have been changed froa those on the Pre- liainary Plat because of the land exchange. Mr. Allen objected that this developaent will not be econoaical and asked how wide private streets are required to be. Ms. Hirsch said that a private street does not have to .. et the .... standards of width as public streets. This street would be twen- ty feet wide except for a section which will be only fifteen feet. Covenants prohibit perking on the str-t, and the Fire Depart.ent has approved the private street . The City will not aaintain the atr-t. Ma. Rua .. ll asked wby U in the covenant states that the str-t will be a private street •until aucb tt.e as aaid private at~t is accepted by the 9oveming ~~unicipality as a public at~t. • lira. Jtoaana aeid this would never be accepted by the City as a public street. Kr. Hanaon SUIJCJUted that this atate.ent was, therefore, aialeading. Hanson aoved z llaunekaa aecondedz 'l'be words •until auch tiae as aa id pri ate atr .. t is accepted by the govemirMJ IIWlicipality aa a public street .• be struck froa the ccwenant. AYUz IIAYS: AUDIT: Barbre, llaunekaa, 11\albem, Hanson, ltuaMll, Allen and careon. one. CJiluaon. The .otion c rried. Mrs. Roaana said the private street is too narrow to be accepted by the CityJ it has a sidewalk on only one aide, and will per- petu lly be the responsibility of the owners of Quincy H ven. The owners did try to obtain .ore land for a wider st~t on the et, but re unable to do so. The Fire Departaent approved the private etreet, requiring a fire hydrant to be installed, and the • reet o be d eignated ae one ay. • RueMll expr seed concem about the nullber of parking epaces av il le, ea ially eince no par irMJ ill be peraitted on the • -2 - I • -• • • Russell moved: Hanson seconded: Four parkinq spaces be required on each lot, or approval froa the Planninq co .. ission for reduced parkinq. AYES: NAYS: ABSENT: Barbre, Maunakea, Mulhern, Hanson, Russell, Allen and Carson. None. Maqnuaon. The aotion carried. Several aeabera of the co .. iaaion expressed doubt about the wiadoa of a private street, and said that a reduction in the nua- ber of lots would perait a better plan. Mrs. Roaana said that the preliainary plat was approved for this Subdivision three years before. It was approved by the Planning Coaaiaaion and baa been approved by Enqineerinq, the Fire Department and the Traffic Division; and it is iapoaaible to obtain enough land for 60 feet of roadway and still develop the land. Reaoninq of this property to both I-1 and R-2 baa been requested and denied by the Ci ty. The piece of property is unusual and is bordered by industrial uses on two aides. It is suggested that i n the future , f i na l plata will be required to be aubaitted within a aore reasonable tiae period 1 but the applicants have .. t the requ i r ... n t a i apoaed by the Coaaiaa i on i n 1984 vben i t approved the prel i a i nary p l at . Hanson aoved: Russell seconded: The Qu i ncy Haven Subd ivision be sent t o Cit y Council with a reca.aendation for approval provided four parking spaces are provi ded on each lot unless othervi .. approved by the c oa- aiaaion and the words •unt i l such ti .. as sa id private street is accepted by the governing aunici pa lity as a p ublic s t r e e t . • be struck froa the Covenant . AYES : NAY S : ABSENT: Barbre, Maunakea , MU l hern, Hanson, Russell, Allen and carson. None . Ma qnuaon. The aotion carried. "· cu• • 1 -1 1. U80LO!'IO The Cbairaan stated the Parking Resolution AaendJMnt tor the Firat Interstate Bank should be considered tor approval. Mrs. Roaana said that at the ti .. ot construction, the Bank w s peraitted to have ott-site parking in th block to the south ot it, because required ott-street parking ie paraitted o within 400 t at of the principal use in 1-1 Distric • A tiae the resolution w s approved in 1967 Planning Coaaission proval w s required, and a condition ot e approval w s -3 - I • • • • • parkinq lot on the site in the 3400 block of South Bannock aust be retained so lonq as the bank/office buildinq exists. Pursuant to the Downtown Redevelopaent Plan, the Urban Renewa l Authority is nov aaaeablinq property on Bannock, and proposes to exchanqe property on the north aide of West Floyd Avenue with the Firat Interstate Bank. The Bank would deed over the parkinq lot on Bannock to the Authority in return for land on the northeast corner of West Floyd Avenue and South Cherokee Street. Allen moved: Barbre seconded: The proposed land exchange between the Urban Renewal Authority and the Firat Interstate Bank be approved and the original Resolution ... nded. AYES: Barbre, Maunakea, Mulhern, Hanson , Russell, Allen and carson. NAYS: None. ABSENT: Magnuson. The aotion carried. VI. PUBLIC J'ORUJI. No one asked to address the co .. iss ion. VI I . DI .. ~R•8 CBOICI. Mrs . Roaana stated that the City Manaqer bad received the Leo c. Ri ethaayer award as tha OUtatandin.J Public Mai niatrator for 191 7 . '!'bare will be a banquet on llay 16 , and if any of the Coa- a i sei onera a i qht wi sh to attend, the staff will aake r e .. rvat i ona. Mrs. Roaana said that the fi nal staff dra f t of the Subdiv isio n ReC)ula t iona will be a ubaitted to the Technical Re view co .. i ttee and will be brouqht to the Ca.ai aa i on a t the fi rst ... t i nq i n June. She said that abe would a dd the cha nqed proposed by the co .. iasion to liait the tiae between the preliainary and final p l at. VIII . COIGCUIIODU' CIIOICI . Mr. Allen noted that thare has been a vreat deal of publicity on the grovinq rash c ollection and disposal problea. Mr. Naunake objected to the nu.ber of ti-• Clarkson south of Ha pden has been in ccessible. Mrs . Roaans said there had been a c ollapsed watar l i ne undar Clarkson and Sheraan which caused the l atest c l osing. -. - I • • • • • Mr. Allen aaked why King Soopera and Cinderella City were taking out landacaping. Mra. Roaana aaid ahe would inveatigate. The aeeting adjourned at 8:17 p.a. -5 - I • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION JUNE 2, 1987 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning COMmission was called to order by Chairman Carson at 7:00 P. M. in Conference Room A. Members present: Maunakea, Russell, Allen, Barbre, Hanson, Carson Ro•ans, Ex-officio Members absent : Mulhern, Magnuson Also present : Senior Planner Susan Hirsch Planner II Harold Stitt II. APPROVAL OF MINUTES. May 5, 1987 Chairman Carson stated that the Minutes of the Planning Ca.mission of May 5 , 1987 were to be considered for approval. Allen moved: Maunakea seconded : The Minutes of May 5, 1987 be approved as wr it en . Discussion ensued. AYES : Russell, None Mulhern, None Allen, Barbre, Hanson, Maunakea , Carson NAYS : ABSENT : Mtgnuson ABSTAIN : The motion carried. Ill. SUIOIVISION REGUlATIONS ev Mr . Hi nuson Co ISSIOn . et ng nd too h s plac w th . I - • CASE 110 ·17 rs o I • • -• • • to developers in trying to obtain title insurance and financing for project s. The "w aiver" process would be replaced with a "minor subdivision " process . Mrs. Romans asked Ms . Hirsch to discuss the proposed revisions to the General Subdivision Regulations . Ms. Hirsch st ated that in the proposed revisions before the Commission, all words that are capitalized are new additions; words , sentences and sections that are crossed through are to be deleted from the regulations . Ms . Hirs ch reviewed the proposed changes with the me•bers of the Commission. Among the changes noted is that all reference to "Master Plan " ha s been changed to "Com - prehensive Plan". Reference to "Exceptions and Waivers" has been eliminated; the Minor Subdivision, which would replace the waiver process wou ld be re str1cted to parcels of residentially zoned land which will be divided into three or fewer lots, or to the division of commercially or industrially zoned property of one-half acre or less . If the dedication of publ ic right -of -way or an easement for any other public purpose is required, the property could not be divided as a Minor Subdivision. References to preliminary or final "design" has been changed to "plat". Mr. Hanson ques toned why boundary lines will not be required to be shown 1n a heavy sol1d line in the new regulations . Mr . Stitt stated that this revi sion was made at the suggest1on of the Engineer ng Services Department. Mr . Hanson asked why the contours are to be shown with one foot intervals ra ther than the exist in g two foot intervals. Mr . Stitt stated that this ~dtfica tion is al so at the sugg stion of th Engineering 0 par ment. Mr. Hanson asked if the proposed regulatto s would be sent to public engineering irms for their comment pr ior to ftnal adop lon. Mrs . Romans stated that thi s ad not been planned, but could be done, should the Ca.misslon request the staff to do so. She retterattd Mr . S itt's stat..ent that the suggestions of t E gtne ring Servtces Dep&rt nt ha been incorporat d throughout the pro pos d R gula tions . M • Han on stat d that he felt th stiffer r quirements for th preliminary plat w 1~l r qu1ring 1 develop r to ta e a greater r1sk "up front• b for e i ts t n11n d w eth r th subdt vls1on uld be approved . Hr . Hanson r It r · at d t at felt h r should be Input r the private sector who w1ll have o 11 w h h r vised Regulations . • 2 • I • • • • • or the City Council hold a Public Hearing on the proposed revisions . Either or both bodies may do so at their discretion . Mr . Allen stated that he did not feel the contour interval made any difference. Mr . Stitt suggested that the staff check back with the Engineering Services Department on the reasoning for the proposed change and report bick to the Commission. Mr . Hanson isked if the applicant for a subdivision was invited to sit in on the Technicil Review Ca..ittee ~etings. Mrs. Romins stited thit the intent of the Technical Review Ca..ittee at the ti~ it was fo~d. was that it wou l d be primarily for staff review, and that the intent was not to bring the ap - plicant in at that time; however, were it to be of benefit, the applicant could be asked to ~et with the ca..ittee. All deter.inations from the Tech Review process are relayed to the applicant by the Planner working with them . Mr . Hanson asked if referrals are sent to adjoining MUnicipalities. Mrs. Ro - mans stated that if the proposed subdivision is adjacent, adjoining or abut - ting another governMental entity, it is referred to that entity. Mr . Hanson questioned the state.ent on Page 10 that *The preliminary plat .ust be amended accordingly prior to subMission for Planning Ca.mission review .• It was suggested that this state.ent be ~nded to state "should" be amended . Hr. Stitt cautioned against •aking the state.ent too pen~issive , because ther are require.ents that are included in the regulations that are not negotiable . The required attendance of the applicant at the Public Hearing was di scussed . Mr. Mulhern suggested this could be a proble. In the case of an out -o f -town or out-o f -s tate property owner . Mr . Hanson stated that the applicants frequent ly send consu ltants to the Hearings. Ms . Hirsch stated that the staff wants sa.eone in attendance who is authorized to speak for and .. ke co.aitments on behalf of the property owner/applicant. It was suggested that there be a def - Inition of the •applicant•, or include wording •or designee•. Mr. Hanson questioned the six .aftth s tt .. period t~sed on the applicant for sube sston of a final plat following approval of the preli•lnary plat . Dls · cusslon ensued . Ms . Hirsch stated that the staff would explore the posslblll · ty of Including a provision for a tl~ extension If It Is de.onstrated tha an extension uld be n cessary . at • 3 • I . - • • • • Mr. Hanson asked why §G on Page 13 was eliminated. Ms. Hirsch stated that she would check into this further. Mr. Hanson stated that in reading §10 -2-7 A, it appears that a public hear ing will still be required on the Final Plat. Is this the corre ct interpretation of this section. Ms . Hirsch stated that the intent is that a public hear ing will not be required on the Final Plat, and that this section will have to be reworded. Mr. Stitt reviewed the provisions for a Minor Subdivision , whi ch pro cedure 1s proposed to be used in lieu of the existing "Subdivision Wa iver". Mr . Stit t st ated that the procedure for a Subdivision Waiver is not spelled out i n the existing Subdivision Regulations, and it is the opinion of the staff that th e steps to be followed for a "Minor Subdivision• should be clearly delineated in the proposed regulations. Mr. Magnuson excused himself frOM the Meeting. Mr. Stitt continued his review of require.ents for a Minor Subdivision . Upon a question fro. the Co..ission, it was suggested that page 17a be amended to state that "Upon approval by the Director of COMUnity Development, previousl y pl atted lots of one acre or less aay be resubdivided without going through EITHER subdivision process." It was suggested that this statement be included at the beg i nning of the Subdivision Regulations, also. Mrs. Russell asked the procedure to be followed if a proposed subdivision con- tai ned lots that did not meet the •ini.u• standards . Mr . Stitt stated t hat the lots In a proposed subdivision would have to comply with the minimum zon e district require.ents for the district in which they are lo cated ; the staff and Co.mission could not pen~it the platting of 1 substandard lot . Ms. Hirsch stated that the section on Boundary line AdjustMents has been added . Discussion on the overall proposed regulations ensued . Mr . Hanson stated th at he would like the staff to contact so.e of the private eng i neer s who wi ll hav e to work wi th the regulations to get their co..ents . It was the conse ns us of the Co.aisston that they do not wa nt to hold a Public Hearing on the proposed r visions. Ms . Romans stat d that she want d to co..end Ms. Hirsch and Hr . S i or th i r wor on he r vfsfon of the Subdivi5 on Regulation s. JY . POILJC FORUM r . C r'on •ta d t a th Co Ordln nc pro t ton' ro _ the r th Gr at r ngl od Ch • 4 • • I . - • • • • • I referred to City Council. Mr. Carson stated that there was no respon se from the Chamber of Commerce, and no one attended the Public Hearing. The EDDA Board did discuss the regulations at a Board meeting , and i ndicated it was th consensus of the Board that the restrictions needed to be strengthened. Mr . Marx addressed the Commission, stating that he is in the Real Estate bus i - ness. He stated that in his opinion, some of the provisions in the Landscap - ing Ordinance need to be clarified. One of the provisions that was specifi - cally cited by Mr. Marx as being of concern, is the change of ownership of th business, property, or the lessee, which would bring the landscap ing require -ments into effect for a specific property . Mr. Carson suggested that ~mbers of the Commission sit down with members of the Chamber of Ca.merce to discuss their concerns within the next few wee ks. Mr . Thompson stated that he would like to sit down with the Commission to dis - cuss it; In his opinion, the language that is contained in the Landscaping Ordinance is "dangerous and Illegal language"; he stated that he had checked with other .unicipalities, and not one has any reference to a change of owner -ship in their landscaping require.ents. Mr. Carson suggested that staff -..bers be included In this Task Force meet - ing, and that the .. eting be scheduled for the Cha.ber Office . Mr . Carson asked that the Cha.ber get In touch with Mrs . Roaans, who will In turn contact ...O.rs of the Ca..tsston regarding the .. etlng. V. DIRECTOR'S CHOICE. Mrs. Romans stated that an open house has been scheduled for June 5 fro. 2 P.M. to 5 P.M. at 2107 West Baker Avenue . This house has been constructed by students of the Alternative High School under the supervision of the Englewood Housing Authority, and will be offered for sale to a low Inca.. faaily . Mem - bers of the Ca..isslon were strongly urged to attend this open house . Ms . Hirsch pointed out that the "resubdtviston• process is not addressed In the Subdivision Regulations, as proposed for revision. She stated that the staff has been contacted by Pennant Properties, who would like to resubdivld lot 2 of the Gunesch Subdivision to designate the area Identified on th Develo~nt Plan as the future "pad" as a separate lot. Ms. Hirsch asked th Co..tsslon Is It would .. et with their approval If the prel f•tnary and final platting process re to be co.btned. Discussion ensued. It wa s th consen - sus of the Co..lssion that this appears to be a very simple •att r, and a e preli•tnary and final procedures could be coebtn d In on s p • VJ. COIIUSSIOMEI'S C~ r . Russell stated that sh would not be In att ndanc at th n xt ll Mr . Barbre stat d that h uld not be n att nd nc at th n Hr . Carson not d th1t th land c1plng w1s being r vtd 1t t no th tng Soop r's Sto e as he report d at th l1st • 5 • y s 0 • I . • • - • • / The meeting adjourned at 8 :40 P. M. Recording Secretary ' I • • • 6 . • - • • • • ENGLEWOOD URBAN RENEWAL AUTHORITY MAY 6, 1987 I. CALL TO ORDER. The regulAr meeting of the Englewood UrbAn RenewAl Authority WAS CAlled to order by ChAirmAn Robert J. Voth At 5:35 P.M . Members present: SusAn VAnDyke, Betty KeenA, Robert Mcintyre, Robert Voth SusAn Powers, Executive Director/Executive SecretAry Members Absent: Melvin Minnick, Ja.es Totton, Ruth Cole Kristi Daugherty, Alternate Me.ber Alice Hanson, AlternAte Me.ber Also present: City Manager McCown Oensel Ragland, Director of Engineering Services Penny Dietrich, Executive Director of EDDA Ms. Powers announced that Mr . Totton underwent e.ergency by-pASS surgery while on vacAtion in Milwaukee. He is now at ho.e recuperating . A flowering plant has been sent to Mr . Totton fra. the -..bers of the Authority and staff. Mr . Totton has requested that he be kept up -to -date on the activities of the Au · thority during his recuperation. II. APPIOVAL OF IUIIJTES. APri 1 1, 1987 ChAiraan Voth stated that the Minutes of April 1, 1987 were to be considered for approval. Me Intyre •ved: VanDyke seconded: The Minutes of April 1, 1987 be approved as wr itten. AHS: NAYS: ABSENT: ABSTAIN : VanDyke, Voth, K ena, Mcintyre None Totton, Cole, Minnick None Th motion carried. Ill. OLD ltl• SCIOP£1'$ llOCl C rard Place , Ltd . M . P rs sug sled that the Authority .ay w nt to go Into Ex cutt v lo to r vi negotiat on progress . VanOy •v d : na s conded : Th Urban R n al Authority go Into Ex cutlv • 1 • ss 0 • I . • - AYES: NAYS: ABSENT: ABSTAIN: VanDyke, Voth, None Cole, Minnick, None The motion carried. • • • r Keena, Mcintyre Totton * * * * * * * • • • Mrs . Hanson entered the meeting at 5:40 P.M. and took her place with the mem -bers of the Authority. Mr. Minnick entered the ~eting at 5:45 P.M. and took his place with the mem -bers of the Authority. * • • * • * * • * • VanDyke 110ved : Minnick seconded: The Urban Renewal Authority co.e out of Executive Session . AYES : NAYS: ABSENT: ABSTAIN: Voth, None Cole, None Keena , Mcintyre, Minnick, VanDyke Totton The motion carried. Discussion ensued. Keena 110ved: Minnick seconded: The Englewood Urban Renewal Authority concur with the request of Girard Place, Ltd . to assign the Agree.ent fo r Disposition and Develo~nt between the Englewood Urban Renewal Authority and Joseph B. Clancy and Frederick A. Dunn, as general partners of Girard Place , Ltd., to linear Properties of Colorado, Inc . The EURA will expect that an as si gn.ent agre..,nt signed by all parties will be submit · ted within the next two to three week s. AYES : AYS : ABSENT : AB ST AJ : Keena, Intyre, Minnick, Va nDyk , Voth None Cole, Totton Non 1 ac t io n Cirri d . Mr s. Daugh rty nt red the .. tting at 6:15 P.M. 1nd took her place wi th th Aut ho rity . IV. th Jorg n on, H ndric s n nd Clos (JH C) tr cted through llughl n Wat r £ngln r s . for th littl Dry Cr k ~ro n s froe • 2 • • I • • • • • Street to South Broadway. Ms. Ragland stated that there have been a number of problems experienced by the contractor on this job, and that JH&C has been involved regularly by field observations, consultations, etc. in trying to resolve the problems. Ms. Ragland stated that she has reviewed the request submitted by JH&C, and recommends an increase in their contract amount by $9,000. Discussion ensued. Ms. Ragland reviewed the contingency funds for consulting services and for construction. Further discussion ensued. Keena moved: VanDyke seconded: The Urban Renewal Authority approve the increase in the contract amount with Jorgenson, Hendrickson and Close in the amount of $9,000. This increase will bring the total contract amount for JH&C to $41,000.00. AYES: Keena, Mcintyre, Minnick VanDyke, Voth NAYS: ABSENT: ABSTAIN: Totton, Cole None The motion carried. V. FINANCIAL REPORTS. Expenditure Report lnvest.ent Report Ms. Powers reviewed the Expenditure Report and the Invest.ent Report. She pointed out that the Construction fund account at Central Bank has decreased by approxi•ately $700,000 , which is the a.aunt the Authority had to pay on the Park Floral valuation settle.ent. Sales Tax revenues were discussed . Mr. Voth suggested that the City •ight check on the Buyer 's Club sales to deten~ine whether tax was being charged correctly on ite•s that are purchased wholesale for resale. Ms. VanDyke asked when th liquor outlet at Buyer's Club was scheduled to open. Ms . Powers stated that she was not sure of the opening date. Rocky Rococo se s to behind schedule t n their construction, but Silo is on sch dule. VI. 1 nd staltd tha ff R81 d s no c 1 te th jo cl u tn contract th t can lch tll • 3 • • I . • -• • • assess the contractor $500 per day. The final payment would be withheld, and the City and Authority can call the bond posted by the contractor; the bond company would have to complete the job for the amount bid by the contractor. Hr. Minnick asked who would conduct the final walk-through on the job . Hs . Ragland stated that Mclaughlin Water Engineers and City personnel would be doing the final walk -through. Hr. Minnick asked that he be notified of the date and time of the walk-through. Hs. Ragland then discussed the progress made by Flatiron Structures on the little Dry Creek improvements in the downtown area . A Notice to Proceed was issued on April 22, 1987, and they seem to be progressing pretty well. The rainy weather has also slowed progress to a degree. VII. FARMER'S MARKET. Ms. Powers stated that the Authority has received a request from the Farmer 's Market to use the old King Sooper's parking lot for the Farmer's Market again this year. Ms . Powers pointed out that this request was made prior to the det e rmination of the assignment of the Agreement from JBC to lincor Proper - ties, and suggested that perhaps this should be discussed with lincor to determine the timing on their development. Discussion ensued . Ms. VanDyke suggested that the Farmer 's Market might also consider us i ng a portion of the Fairgrounds property as an alternate if use of the old Ki ng Sooper 's block does not work out. Mi nn i ck moved: VanDyke seconded: The Urban Renewal Authority approve the use of the old Ki ng Sooper 's parking lot for the Fa~r 's Market dur i ng the su..er of 1987, provided this -.ets with the approval of the developer . Adequate I nsurance shall be provi ded naming the Urban Renewal Authority and City of Englewo od as co-Insured . AY ES: HA YS: ABSE NT : ABST AIN : Mcintyr e, Minnick , VanDyk e , Voth , Kee na None Totton, Cole None The mo t ion carried. VIII . ENGLEWOOD MARKETPLACE Tra ... 11 Crow Co.pany Ms. Pow rs stat d that Tra.mell Crow has sublltted a request t o -adify the sch dule of p rfonaance as it pertains t o th presentation of prtli•tnary plans to t he Authori t y. The Disposition and Oevelo~n t Agree..nt calls for pr s ntatlon of pre l l•inary pl ans by Apr il 15. Tr .... ll Cr ow Is requesting an xt nsion t o June 15 , 1987 t o present the pr lf•lnar y plans. Ms. P rs stated t hat she do s not an t ici pate any probl s If th e schedule of p rfor -• nee ts a nded as r quested . • 4 • I • • • • • • r Keena moved: Minnick seconded: The Urban Renewal Authority approve the amendment of the Schedule of Perfonaance with RIG/Tra-.ell Crow to allow a change in the date for the presentation of preliminary plans fro. April 15, 1987 to June 15, 1987. AYES: Minnick, VanDyke, Voth, Keena, Mcintyre NAYS: None ABSENT : Totton, Cole ABSTAIN: None The .ation carried. IX. DIIECTOI'S CHOICE. Hs. Powers stated that she had talked to Dr. Brent Lovejoy; he is still plan - ning to lease the north one-half of Trolley Square. Ms . Powers stated that the Technical Review Ca..ittee has reviewed the plans subMitted by Swedish Medical Center for the old Safeway Store. The building will be retiOdeled and will no longer have the appearance of a fonaer Safeway Store. The use will be a cltntc-center oriented use. Ms. Powers presented -.bers of the Authority with copies of the En~ewood Profile, which has recently been ca.pleted . This Profile will be u ated ev -ery year . The sign at Broadway and Floyd Avenue was discussed. Ms. Ragland described the design of the proposed stgn. There was no further business to ca. before the Authority, and the •eting was adjourned at 7:05 P.M. Gert e . Wilty , Recording Secretary • 5 • • I . - • • Board Memb r Board Memb r St ff Pr ~ nt: • • • ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 South Sherman -Englewood, CO 80110 Pres nt: Absent: Minutes Hay 13, 1987 Boselli, Coleman, Hale, P ndleton, Tomooka Ciancio, Green P. Dietrich Oswald, Otis Cu St and Vi itors: Dorothy Dalquist, Dick Hinson Th r gular me ting of th Board of Directors of th Englewood Downtown Dev lopm nt Authority was call d to ord r by S cr tar Walt Tomooka at 12:05 P.M. on Hay 13, 1987. Th Hr. th b tin w r pr nted {or approval. Hr. Otis, to approv th Minutes from , 19 7. Th 110tion was pas u 1 • t • I • • - • • Page Two ltinutes May 13, 1987 • • • r The third item referred to the balloon payment due on the Public Improve- ment Loan in 1990. At this time, the amount is estimated to be about $70,000.00. Mr. Oswald moved, seconded by Hr. Pendleton, to restri ct $70,000 .00 plus $10,000.00 estimated interest in th Fund Balance for this balloon payment. Discussion followed. Hr. Coleman asked about the amount in th Fund Balance at th end of 1986. Also, Hr. Boselli requ sted additional information about th restriction of funds for this purpos • Mr. 0 wald requested this action so that in 1990 th Authority will have an option to pay off the balloon payment or to r - finance-whichev r is more economically feasible at that time. The total amount would $77 ,000.00 . Th motion wa s pass d unanimously by voice vot • C'HAI RMAN' S REPORT Mr. Toaoolul r p rt d thdt Andy McCown had rec iv d th Out tandfn Publi c Administrator Aw rd for the Stat of Colorado. Th r is a banqu t to honor hi• n 16. H indica t d h int nd d to o to it and r pre nt £00A. h I • • - Page Three Minutes May 13, 1987 ,. • • • Recruiting Program -Continued -Also, she noted that the Centennial Chamber of Commerce is interested in the recruiting program, but, will not take advantage of the incentive portion. The property availability list is current and was distributed to both Chambers of Commerce. Thi will be updated every month by the EDOA Staff. The Centennial Chamb r will include this property availabili t y list in its computerized informa- tion about Englewood. Brian Vogt is xtremely interested in working with th EDDA and th City re garding this. A copy of th availability list was also mailed t o th 1 involv d in Downtown En lewood. ing agents ~~~~~~~~~~~~~~~~~~~2~1 -Hs. Di trich report d that ah _. ting and with th co-rcial r altora in th ar a. imag not d that re.ltors were invit d. It is ho d that a itiv d by th kinds of 01 trich -up r port on th I • • • Page Four Minutes Hay 13, 1987 • • • r Urban Renewal Authority -Continued -Work haa begun on the Little Dry Creek conduit and ia expected to be coapleted by July 15. Mean- while, the detours at Broadway and Highway 285 will continue for about six more weeks. The work on Little Dry Creek froa Broadway east to Clarkson is behind schedule about six weeks. Th URA is still working on a final agree.ent with JBC for the develop- ment of the old King Soopers block. Hr. Hinson reported that Silo will be open on Hay 20. The Liquor Store at Buyer's Club is expected to be opening in the very near future. ~-Mr. llioaon r ported that there ia about $24,000.00 in th low interest revolving loan progr... Should anyone be interested in thia pr gr .. they are t o contac t Toa Dinkel at the Firat Interstate Bank of En le od. loard that he waa still interest d in an th r w n furt r busin aa, th etina wea adJourn d at 12:58 P.M. I • • - ( • ( • • • • Englewood Parks and Recreation Commission Minutes of May 14 , 1987 1r:L The regular monthly meeting of the Englewood Parks and Recreation Comm is - s ion was called to order at 5:30p .m. by Chairman Poole at the Englewood Municipa l Golf Course Clubhouse. Members present: Braucht, Bradshaw, Gomes, Neyer, Pillow, Poole, Weber , Kuhn, ex officio Mem ber s absent : Higday Also present: Doug Foe, Recreation Supt . Ji• Kavinsky, Parks Supt . Ed Garland, Parks Supervisor Pat Stephens , Parks & Rec . Clerical Tech . Cha i rman Poole asked if there were any add i tion s or cor r ec t i on s t o t he min ut es of Apr i l 9, 1987 . There were none . A MO tion was made and se con de d th at the mi nute s be approved as presented . The MOtion passed . Cha i rman Poole i ntroduced Joanne Braucht to the Comm is s i on . Joanne is re pl ac ing Robert Schroeder on the C~ission . ComM i ss i oner Weber entered the .. eting at 5:35 p .M. Pat Stephens was introduced to the Co..iss i on . Pat is a new -..ber of the Park s and Recreat i on staff at City Hall and Is pre sent to observ e t he pro -cedures of the Co.m t s s ton . Park s Supt . Kav i nsky reviewed the result s of his recent s urve y of ~tro are a par k d is trict s regarding park user fee s for da y care ce nt er s. Kav fns ky stated tha t ou t of 23 s urv eys ma i led , th ere we re IS responses, four of which indicated t hey cha rge day care ce nte r s f or par k use. Discussion included th lack of manpo wer to enfo r ce the per.it syste., notifying all Denver area day care centers of the new per.it syste., d.-age and littering being done to En - glewood parks by s~ day care centers, the per.it syste• befng advantageou s In that there is advance notice of large groups visiting the parks and th rt for aintenance sch dul s can be MOdified ff necessary, and suggestions for f sc h dules that could be fmpl nt d. There was also discussion concerning h n d for a City ordinance in order to enforce the per.ft system. Co fssioner Gomes made a motion, seconded by COMmission r Neyer, that eff ctfve June I, 1987, all co..ercial day care centers and organizations using [ngl ood parks be char9 d a flat season al fe of S200 .00, and that st c er be lssu d and placed by the day care center in th rear window o th lr company vehicle to facilitate park staff fn enforcing the policy . Th mot•on excludes state lie nsed day car ~s who are lf•ft d to a small nu of children . Th motion pass d . • J • • I • • • • • , Park s Supt . Kavinsky reviewed a memo which was included in the Commis - sioner 's packets regarding the unacceptable condition of the turfgrass at the De tention Pond which was caused by contract work being done on the Little Dry Creek project . He stated that arrangements have been made with the contracto r to reimburse the City for any damage to turf tnd sprinkler system. Kav i nsky s tated that most repairs have been made and he expects that conditions wil l be ba c k to normal soon. Parks Supt . Kavinsky reported that replacement planting of tree s alon g the Englewood Parkway and along Broadway in the downtown development area will be completed by May 20. He stated that it was necessary to replace 16 trees on the parkway and 2 on Brotdway, MOst of which were Oak trees, at a replace -ment cost of SJ00-$350 etch. Director Kuhn stated that there are two possible factors which may have contributed to the loss of these trees. It is possible that the root balls were severely dried out when they were transported last Ftll . He stated that Oak trees Ire difficult to start in this part of the country. Parks Supt. Kavinsky reported that numerous complaints have been rece iv ed regarding poor drainage in the alley between Cherokee and Bannock along the Southwest Greenbelt . He stated that a "lake " develop s as a result of ra i n an d s now conditions . Kavinsky stated that repairs are now being •ade to correc t th i s problem and will cost approxi•ately $6,000 . Director Kuhn stated that he fe e l s this problem ftlls in the jurisdiction of the Public Works Department and i s working with them for possible reimbursement to the Parks Department . Ca..issioner Bradshaw left the meeting at 6:50 p.•. Director Kuhn reported that the Englewood High School tennis courts are cra cking as a result of ltteral movement of the ground f n th1t area . Kuhn sta ted that he has asked the Engineering Depart me nt to do s ome core sample s t o de t erm ine what type of base fs beneath the court s surface . Kuhn s tated that co urt s urfa ce repa i r s would involve 1 slip sheet .. thod wh ic h is two l ay e r s of f ibe rgla ss, 1 coat of slurry setls , squ eegee m~ter i al , tnd color coat i ng . He st tted th1t bi ds are now being received . Kuhn sttted that he ht s d iscussed wi th Jim Ph i ll l pe , Pr operty Serv ic es Mantg e r for Eng l ewood Sc hools, the pos- sibili t y of t he School Dis tr ict payi ng 501 of this expe nse. Ph fllfpe said thfs expense would have t o be ap prov ed by t he School Board. Kuhn stat d ft ay be necessary to proceed wfth basic rep a irs this Fall and complete the project fn the Spring of 1988. Kuhn stated that the t nnis cour n s have r c ntly b n repl1c d. Co~ stoner N yer stated th1t h att nded a par nt advisory te eting 1 S ncltfr Middle School wherein they discussed th n ed for 1 n center. R cr 1tion Supt. Fo stated th1t it wa s 1 arn d froa past exp ri nee that th td do not lik tor turn t o school In the evening for 1n 1ctfvi y but uld ra h r go to tnoth r loc1 !on. Ca..issfoner W ber sugges t d that lood and Sin lair M ddle Schools htve 1 d1nce 1t th Engl od H gh School Co n • ch would b on ".utu1l ground". Af t er so.e discussion, It w1s sugg t d t th p1r nt advisory t .. et with r cr 1tlon staff tnd r out a pro · for th •1ddl school ag youth . • 2 • • I • • • • • Commissioner Gomes inquired about the status of the purchase of the land west of Cushing Park. Director Kuhn reported that the City purchased the land and the closing is scheduled to take place soon. It will most likely be de - veloped into open space and picnic facilities with a future bike path along little Dry Creek. Co..issioner Go.es expressed appreciation on behalf of Gary Price, Prin - cipal at Englewood High School, and the students to the Parks and Recreation DepartMent and City Council for use of the recreation center for the After Pr011 Party. Ca..issioner Weber reported that the Englewood Student Council voted to support the athlete of the .anth progr .. at the Englewood Recreation Center . Student Council will appoint a cu..ittee to purchase a fra .. and provide a new picture each .anth. Weber stated he will be .. eting with the School/City Com - Mittee to present the concept of the athlete of the .anth progra•. Director Kuhn reported that there will be no concessionaire at the ball - fields this su-.er. He stated that in past years, there has been a problem with finding a reliable concessionaire and the City has realized no revenue in the last two years when concessions were operational. He stated that the Belleview Park concession stand is in very poor condition and May be re.oved this Fall or converted to ballfield equi~nt storage. Parks Supt. Kavinsky stated that they are discussing the possibility of having pop vending Machine s with a protective cover and a vandal-proof cage to replace the concession stands. Chai~n Poole asked about the •run rule• that now applies to the Engle - wood Softball league stating he has heard fro. several players who are dis - satisfied with the new ruling. Recreation Supt . Foe stated he wtll check into thts Mtter and report back to the Ca..tssion at the next •eting . The ... ting was adJourned at 7:Z5 p.•. . l . I . - • • • • ENGLEWOOD LIQUOR LICENSING AUTHORITY MAY ZO, 1987 The meeting was called to order at 7:35 p.m. by Chairman Styes. Present: Waddell, Mclaughlin, Lunders, Styes Absent: None The Chairman declared a quorum present. * • * • * r WADDELL MOVED, SECONDED BY MCLAUGHLIN, TO APPROVE THE MINUTES OF MAY 6, 1987. The vote resulted as follows: Ayes: Waddell, Mclaughlin, Lunders, Styes Nays: None The Chair.an declared the .ation carried. * • * * * Chai~an Styes announced a Hearing for Transfer of Ownership for Helen B. Garcia, d/b/a Magnet Inn, 2893 South Broadway. Mrs . Garcia provided evidence of posting . Assistant City Attorney Gri-. questioned Mrs . Garcia regarding Serf 's Restaurant & Bar which she previously owned . She stated that she hold s a note on the business . Mr . Gr i m. noted that if the current owners of Serf 's Restaurant & Bar were to declare bankruptcy or were to default on the note, the Garcia's could foreclose and take over the ent i re business, wh i ch would put Mrs. Garcia in violation of the liquor code (holding interest in .are than one liquor license). Discussion ensued. Mr. Gri .. requested that Mrs . Garcia provide docu.entation on assig~nt of the note for Serf's Restaurant & Bar and a stat ... nt clarifying her secretarial position with Sheraton DTC. Mrs. Garcia responded to questions fro. the Authority . The Deputy City Clerk stated that, to date, no calls of opposit i on have been received in the City Clerk 's Office . LUNDERS MOVED, SECONDED BY MCLAUGHLIN TO TABLE THE TRANSFER OF OWNERSHIP FOR HELEN B. GARCIA D/B/A MAGNET INN, Z893 SOUTH BROADWAY, UNTIL THEY RECEIVE TH E PROPER DOCUMENTATION AS REQUESTED . The vote resulted as follows : A¥e s: Waddell , Mc l augh li n, Lunders , Styes Nay s: Non e Th e Ch ain.an decl ared th e .at lo n ca rr ied . • • • • * The Authority r vi d the Licensing and l ns p ct ton Question naire as r ques t ed by the St ate Li quo r Enforc ... nt Dlvlsf on. • • • * * Th e Author i ty r cef vtd the l e tter not t fy t ng the own er s of Hi lda 's Cafe, In c ., of th chang e of date for th Show Cau se He aring now sc heduled for Ju n 3 , 1987 . • • • • • I . - • • • • r Authority wa3 advised of pending matters: 1) Application by Metro Oil Company d/b/a Vickers 12353 for a 3.~ Beer (off-premise) license, 4596 South Broadway. b) Transfer of Ownership -Coastal Branded Marketing's purchase of Pester Marketing Ca.pany, 2715 South Santa Fe Drive. * * * * * Assistant City Attorney Grimm addressed the Authority concerning the infonaation he had received fro. Detective S.R. Knoll in respect to Arap's, 3B66 South Broadway, regarding an allegation that Jill Ann McCabe, a bartender on duty, unlawfully sold a schedule II controlled substance, i.e. cocaine to an undercover Police Agent. Mr. Gri .. noted that the Police also made a controlled buy of cocaine fro. a custo.er at Paddy Boots, 5180 South Broadway. After considerable discussion: WADDEll MOVED, SECONDED BY LUNOERS FOR A SHOW CAUSE HEARING FOR ARAP'S, 3866 SOUTH BROADWAY, JULY 1, 1987 AT 8:00P.M. The vote resulted as follows: Ayes: Waddell, Mclaughlin, lunders, Styes Nays: None The Chainaan declared the .ation carried. The Authority deten.ined that the Attorney Gri .. should advise the Detective Sergeant Bock to call the manager of Paddy Boots and counsel him on the problem of patrons dispensing controlled substances to other patrons. * * * * * Mr. Gri .. stated that the Attorney for Hilda's contacted the Police Department requesting that an agreement be reached where the Police and the Attorney confess the violation for Hilda's and aake a reco.mendation for a punishlent or sa.. kind of suspension. The Police Depart .. nt has requested guidance from the Authority, because they do not wish to overstep their bounds. Mr. Gri .. noted that the Authority would not be bound by this ag~nt . After further discussion the Authority advised Mr. Gri .. that they do not want the Police Department to aake any prior agre ... nts. Melber lunders wanted to address the fact that the local Authority has the right to impose a .onetary penalty . There was sa.. discussion and Mr . Gri .. stated he would have Mr . DeWitt advise the Authority at their next .. eting of their option s In thts case . * * * * * The .. at l ng wa s adjourned at 8 :40 P·•· 2 I • • - • • • • • r BY AUTHORITY ORDINANCE NO. SERIES OF 1987 .......... COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY AND GRANT- ING TO ENGLEWOOD HOUSING AUTHORITY $303,000 FOR ADMINISTRATION OF THE HOUSING REHABILITATION PROGRAM. WHEREAS, the State Department of Local Affairs has notified the City of Englewood that $303,000 was approved for City housing rehabilitation and administration under the Rehabilitation Loan Program; and WHEREAS, it is necessary to amend and clarify the agreement between the City of Englewood and the Englewood Housing Authority concerning the Housing Rehabilitation Program; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The agree.ent between the City of Englewood and the Englewood Housing Authority, previously ..ended by Ordinance No. 61, Series of 1985, is hereby -.ended pursuant to the attached agre .ent en 1tled ·~n~nt to the Englewood Housing Rehabilitatton Loan Progr • and incorporated herein by referenc • s h for h Th Ci y of n lewood hereby grants to the Au hor1 y the au. of Thr e Hundred Three ($303,000) to used in accordance wtth Nuber 7-807, S ction 24-32-705 C.R.S., and cribed in S c ion 1 h reof. All h r resolu tons n conflic with h r by authorit d and on b half of n ull, nd pass d on fir• r d nq on 7. I • • - { • • • • • r Published as a Bill for an Ordinance on the 3rd day of June, 1987. of June, 1987. Read by title and passed on final reading on the _____ day , Published by title as Ordinance No. ___ , Series of 1987, on the ____ day of June, 1987. Attest: Eugene L. Otis, Mayor city clerJt I, City Clerk of the City of EnglewoOd, Colorado, hereby certify that the foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _____ , Series of 1987. I • • - • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT r Appoint~~ent of Additional Municipal INITIATED BY -------WLPuUui&s~P~•~rk~t~n~sp.nL_ ______________________________ __ ACTION PROPOSED ____ _gAp~DQauiwntLQKa~nuuian~M~ufOQ~t~e~awn~A~s~s~o•'~ia~tae~My~n~ic~t~e•il~C~p~yrut~--- Judge COPI!nrtng illldtately upqa passAQe pf thts Resplytipn Fro. ti11e to ti .. , the Court has difficulty in securing an associate judge on short notice to fill in for the presiding judge because of his ill - ness, necessity of recusing hi-self, or other ... rgencies. Marvin W. Foote is a retired District Court Judge of the Eight .. nth Judicial District and well qualified to sit as an associate Judge. Appointing another associate judge 1110uld enable the Court to have one •re pers011 to pick fro. when the need arises. Since an Associate Judge is paid 011ly ~he or she sits , there is •tnt -aal budgetary i11pact . I . • • TO: FROM: DATE: SUBJECT: • • • MEMORANDUM Honorable Mayor Eugene W. Otis and Members of City Council r Louis Parkinson, Municipal Court Judge June 4, 1987 APPOINTMENT OF THE HONORABLE HARVIN W. FOOTE, RETIRED CHIEF JUDGE, EIGHTEENTit JUDICIAL DISTRICT COURT, AS AN ASSOCIATE MUNICIPAL JUDGE The Court recommends that City Council, pursuant to its powers and duties under Article 68 of the City Charter. appoint Judge Harvin W. Foote as an Associate Municipal Judge of the City of Englewood, to sit at such times when the presiding judge cannot. Judge Foote is a long time resident and qualified elector of the City of Englewood. Further, he has wide experience in practice as well as being retired Chief Judge of the Eighteenth Judicial District Court where he served for many years. The Court f els Judge Foote will be a most valuable addition to this court. cf~C?~ LOUIS PARKI SON Hunicip l Court Judge LP/b cc. R. Ola n, City Attorn y rvin W. Foot • I . • - 1 J • ( • RESOLUTION NO. ~~ SERIES OF 1987 '-f- • • • r A RESOLUTION APPOINTING MARVIN W. FOOTE AS AN ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO . WHEReAS, pursuant to Part II, Section 68, Englewood Home Rule Charter, City Council may appoint one or more Associate Judges who shall sit at such times and upon such causes as shall be determined by the presiding Municipal Judge; and WHEREAS, previously hereto, other Associate Municipal Judges have become unavailable as a result of the press of legal business, the City Council finds tha~ it is necessary to appoint an additional Associate Judge for the Municipal Court; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Marvin w. Foote shall be and hereby is appointed as Associate Municipal Judge in and for the City of Englewood, Colorado, for a term beginning immediately upon passage of this Resolution and continuing for a term of four years. ADOPTED AND APPROVED the 22nd day of June, 1987. At es t: I , Cl rk of h ci t y ol abov 1a a ru copy Eugene L. Otis, Mayor Clty Clerk • I • • r • • • r C 0 U N C I L C 0 M M U N I C A T I 0 N DAT E AGENDA ITEM June 17 198 7 I SUBJECT Initiation of a sea son al flat rate fee of S200 for k ar as. INITIATED BY _____ E~n~aul~mro~od~uPA~r~k~s~AuDgd~Re~c~r~eaAt~i~own~C~OIIa.~is~sui~o~n ______________ __ ACT! ON PROPOSED Bv 10t1on. the PArks And RecreAtion Commission recomme nd s an annual fltt rAte fee of $200 to dAy cAre centers using Englewood oarks . BACKGROUND At the Apr i l 9 Meeting of the PArks and Recreation Ca..ission, stAff reco mmended tha t we survey surrounding .etro depart.ents to deter.ine what policy they ha ve reg ard i ng chArging of fees for dAy cAres using their pArk fAcilities . Thi s ac ion was I nitiated due to the Ca..ission ...otrs concerns about heavy outside and local use of our park areas by ca..ercial day cAre facilities. R s ult s of the survey were presented to the Ca..ission at the MAy 14 .eeting . The s urvey, I n s~ary, indicAted that .ost other depArt.ents were handling day cAre us of par k area s as follows : I. Of 23 d part .. nt s surveyed, 15 responded, And 4 of the 15 respondent s charg d f es . 2. Fees ranged fra. a t oken f e of S1 .00 per visi t to an el abo rate syst of fe s based on group sizes, nu.be r of visi t s per week or .onth , wh ether gr oups w r resid nt or non -resid nt, tc. There wa s no co nsistency In fe charges per vi si t or s r e5 of vlsl s. 3. e syst Ou to bud t constraints. ng progra and, as a r sul , hav lo~ TAF F REC~TIONS : A t May 14 C iss on nded: l . , n r nd qu ncy of u e of p r ar • n • of tctton for 1988 • 2. p nt DO • I . • - ( j • • • • r 3 . After evaluating use in 1987, a final fee policy would be recommended for 19 88 . The proposed alternatives for 1988 included: 1. A flat rate fee structure for the entire season, with no limit on the numb er of visits. The depart~nt would issue a sticker to be placed in the rear wind ow of vans or buses. A proposed fee of $200 per season was suggested. 2. An individual sticker for each vehicle based on vehicle capacity with no l1m 1t on the number of visits. 3 . A fee structure based on the size of the group and the frequency of visit s wi th window stickers required. 4 . Charge no fee, follow the syste. proposed for 1987. It was emphasized by staff that we presently have no enforcement personnel to mon i or a fee syste., that we would research the possibilities of enforcement with the police depart~nt 's park patrol and reca..end an enforcement program if pos sible along with the fee structure for 1988 . ACTION BY THE CONNISSIGI: After discussion, Ca..ission -..ber Bradshaw felt that we should initiate a fee sy s -tem to be effective June 1, 1987 . Commiss ion -..cer Go.es, by ~tion, seconded by Ca..isston ...O.r Neyer, .aved to require a SZOO flat rate seasonal fee for all co..ercfal day care centers using En- gl ewood parks , that stickers be issued by the Parks and Recreation Depart~nt to dar care centers paying the f .. , and that day cares place these stickers in the rear window of their co.pany vehicle to allow park staff to enforce the fee requ1r n Th1s .ation excludes day care ~s who care for a saall nu.ber of children . Th 1110 i on passed. STAFF IECOMNDIDATIGIS II IESHISE TO ~ISSIGI 'S ACTION: or ~~lately ar lh lack of an nforc nt an d pol1 c rly and tff ctlv ly noti y user, and lin~ of CURR NT STATUS tn I • • - l • . J • RESOLUTION NO. 18 SERIES OF 1987 • • • r A RESOLUTION APPROVING A FEE POLICY FOR USE OF ENGLEWOOD CITY PARKS BY COffi1ERCIAL DAY CARE CENTERS. \'IHEREAS, the Englewood Parks and Recreation Co mnll.s s i on i~ concerned about the heavy outside and local use of the Cit y 's parks by commercial day care centers; and \'lHEREAS, a survey of the surrounding metro parks departments indicates that most parks departments charge fee s f or use of their parks by commercial day care centers; and WHEREAS, the Englewood Parks and Recreation Commission ha s discussed various possibilities and has recommenaed to the Park s and Recreation Department that the commercial day care centers using the Englewood parks pay a t2al <•te-fee ~ $200 per year; ~~p;A NO\'J, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood Parks and Recreation Department is hereby authorized to implement a fee policy charging a ~ ~ fee o~ .. ~OO per year to commercial day care centers using the EnglewooW parks. Section 2. The Parks and he responsibili y of notifying det e rmining how the enforcement Recreation D~partme2 .t '111 , ~iven? users, charg~ng ~lee , and of this policy will be handled. ADOPTED AND APPROVED this 22nd day of June, 1987. A t at : Eugene L. Otla, May o r Loucrlshl puty city Cl rk I , Lou c r ish a A. lli a , D puty C ngl wood , Co l o r d o , her by c rtity h o R aolu ion No . ____ , S r1 • ot 1987. • y Cl rk o f t h tor going h c t y 0 t r u copy JJ]J ; I •