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Home My WebLink About1986-01-06 (Regular) Meeting Agenda• • • • 0 CITY COUNCIL MEETING -REGULAR JA!tUl'I.R'L 6 , 1.986 • • • • • .. REGULAR MEETING: CITY CHAMBERS City of Englewood January 6, 1986 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on January 6, 1986, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order . The invocation was given by Father Walter Jaeger, Church of All Souls, 4950 South Logan Street. The pledge of allegiance was led by Cub Scout Troop No. 333. Mayor Otis asked for roll call. Upon a call of the roll the following were present: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw , Otis. The Mayor declared a quorum present. * * * * * * * * * * * Also present were: City Manager McCown Assistant City Manager Vargas City Attorney Olsen Police Chief Holmes Deputy City Clerk Crow * * * * * * * * * * * MAYOR PRO TEM BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER BILO , FOR APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF DECEMBER 2, 1985, WITH THE CORRECTION OF COUNCIL MEMBER VAN DYKE'S NAME ON PAGE 13 . Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw , and Otis. The Mayor declared the motion carried. * * * * * * * * * * * MAYOR PRO TEM BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER BILO, FOR APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF DECEMBER 16 , 1985, WITH THE CORRECTION ON PAGES 4 AND 5: • I • • • • • - Page 2 -Janua r y 6 , 1986 PAGE 4 - PAGE 4 - PAGE 5 - PARAGRAPH 3, LINE 1 SHOULD READ "ARCHITECT DOUG WAGNER, REPRESENTING MR. METZEL, CAME FORWARD PARAGRAPH 5 -SPELLING OF NAME OF PAT SMITTEN CORRECTED TO READ "SMEATON." PARAGRAPH 1, LINE 1 SHOULD READ "MR. WAGNER, STATED HE DID NOT .... " (DELETING "HR. METZEL STATED " Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. The Mayor declared the motion carried. * * * * * * * * * * * Retiring Council Member Weist expressed his appreciation to the other members of City Council, stating it had been a pleasure to work with them during his term of office and to have been elected to serve the constituents of his district (IV). He also wished Council Member-elect Gary Kozacek and the other members of Council the very best of luck in all their endeavors. Mayor Otis expressed his pleasure in serving with Hr. Weist. Honorable Lou Parkinson, Municipal Court Judge, conducted the swearing in ceremony for the newly elected Council Members: Joseph V. Bilo, Jr., Council Member at large Susan Van Dyke, Council Member, District II Gary L. Kozacek, Council Member, District IV. Congratulations were offered, and the new Council Members returned to their temporary seating. The Mayor requested a roll call. Upon a call of the roll , the following were present: Council Members Higday, Van Dyke , Vobejda, Kozacek, Bilo , Bradshaw , Otis. The Mayor declared a quorum present . * * * * * * * * * * * COUNCIL MEMBER BILO NOMINATED, SECONDED BY COUNCIL MEMBER HIGDAY, EUGENE L. OTIS AS MAYOR FOR A TWO YEAR TERM OF OFFICE COMMENCING IMMEDIATELY. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Member Higday, Van Dyke, Vobejda, Kozacek, Bilo, Otis. None • I • • • • • Page 3-January 6, 19 86 Nays: None The Mayor declared the motion carried. * * * * * * * * * * * COUNCIL MEMBER HIGDAY NOMINATED, SECONDED BY COUNCIL MEMBER KOZACEK, BEVERLY J. BRADSHAW AS MAYOR PRO TEM FOR A TWO YEAR TERM OF OFFICE COMMENCING IMMEDIATELY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Van Dyke, Vobejda, Kozacek, Bilo. Bradshaw, Otis. Nays: None The Mayor declared the motion carried . * * * * * * * * * * * It was unanimously decided to continue with the present seating for the new term of office. As a token of appreciation, Mayor Otis presented retiring Council Member Robert Weist with a bronze Mark plaque as a reminder to Mr. Weist of service as a member of the Council. Mayor Otis and Council Member Bilo introduced members of their families and friends who were present in the audience. Mayor Otis on behalf of Mayor Pro Tern Bradshaw and himself thanked the Council Members for honoring them by selecting them to serve for another two years. The matter of election of members to various Boards/Authorities/Commissions was delayed until City Council have had an opportunity to discuss the matter. * * * * * * * * * * * COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER VAN DYKE, THAT THE ENGLEWOOD SENTINEL BE DESIGNATED THE LEGAL NEWSPAPER FOR THE CITY OF ENGLEWOOD. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw, Otis Nays : None The Mayor declared the motion carried. * * * * * * * * * * * * COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER BILO, THAT THE YEAR OF 1986 BE PROCLAIMED AS THE INTERNATIONAL YEAR OF PEACE IN ENGLEWOOD, • I • • -• • - Page 4 -January 6, 19 86 COLORADO . There was discussion as to the ultimate purpose of the proclamation and if it presented a position for or against nuclear weapons, etc . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Member Higday, Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw, Otis None The Mayor declared the motion carried. Pre-scheduled visitor, Charles Hall, Chairman of Assembly, of the Englewood Bahai Community, came forward to receive the proclamation from the Mayor, expressing his appreciation for its passage stating that Englewood is one of the first in the metropolitan area to express support for this issue. * * * * * * * * * * * There were no other visitors present. * * * * * * * * * * * COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, THAT CITY COUNCIL RECEIVE THE 1986 BUDGET FROM THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Member Higday, Van Dyke, Vobejda , Kozacek, Bilo, Bradshaw, Otis None The Mayor declared the motion carried. * * * * * * * * * * * Consent agenda items were : (a) Minutes of the Board of Career Service Commissioners meeting of July 31 , August 1, 5, and findings of fact; July 25; August 8, and 15; August 15; August 15; September 19; and October 16, 1985. (b) Minutes of the Downtown Development Authority meeting of November 11, 1985. (c) Minutes of the Board of Adjustment and Appeals meeting of November 13 , 1985. (d) Minutes of the Public Library Advisory Board meeting of December 10, 1985 . • • I • - • • • - Page 5-January 6, 19 8 6 (e) Minutes of the Planning and Zoning Commission meeting of December 3, 1985. COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER VOBEJDA, THAT THE CONSENT AGENDA ITEMS 19 (a) THROUGH (e) BE RECEIVED BY COUNCIL. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw, Otis Nays: None The Mayor declared the motion carried. * * * * * * * * * * * Police Chief Holmes presented background information concerning the proposed bill for an ordinance which would amend the Englewood Municipal Code regarding adult entertainment establishments in the City in order to more effectively regulate them. He stated that such amendment was necessary in order for the police department to enforce the matter as it should. City Attorney Olsen addressed questions raised by Council concerning the previous ordinance addressing this matter. ORDINANCE NO. SERIES OF 1986-- BY AUTHORITY COUNCIL BILL NO. 2 INTRODUCED BY COUNCIL MEMBER HIGDAY A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 6, ARTICLE C, SECTION 5, OF THE ENGLEWOOD MUNICIPAL CODE 1985, RELATING TO ADULT ENTERTAINMENT ESTABLISHMENTS, BY ADDING A NEW SUBSECTION E UNDER PROHIBITED ACTS. COUNCIL MEMBER HIGDAY MOVED, SECONDED BY COUNCIL MEMBER BILO, FOR THE PASSAGE OF COUNCIL BILL NO. 2. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw, Otis Nays: None The Mayor declared the motion carried. * * * * * * * * * * * Police Chief Holmes presented to City Council information concerning the recommended bill for an ordinance which would amend the Englewood Municipal Code to clarify and further define the term "illegal weapon ." Chief Holmes explained the need for such clarification . Questions were raised by Council • I • • • • • Page 6 -J an ua r y 6 , 1 9 8 6 Members regarding the ordinance. Council Member Van Dyke in particular expressed concern regarding the definition of "spikes ." City Attorney Olsen concurred that the terms may be considered vague, that court determination may be necessary. BY AUTHORITY ORDINANCE NO. SERIES OF 1986-- COUNCIL BILL NO. 3 INTRODUCED BY COUNCIL MEMBER VOBEJDA AN ORDINANCE AMENDING TITLE 7, CHAPTER 6C, SECTION 2, ENGLEWOOD MUNICIPAL CODE 1985, REGARDING POSSESSION OF ILLEGAL WEAPONS. COUNCIL MEMBER VOBEJDA MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, FOR THE PASSAGE OF COUNCIL BILL NO. 3. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Vobejda, Bilo, Bradshaw, Otis. Nays: Council Member Van Dyke, Kozacek The Mayor declared the motion carried. * * * * * * * * * * * City Manager McCown detailed for Council Members the background information concerning the recommendation from the Public Works Department to approve a bill for an ordinance deeding a ten-foot strip of land at the Bi-City Wastewater Treatment plant to Lillard and Clark. Mr. McCown recommended that this ordinance be approved authorizing the Mayor's signature on a quit claim deed to Lillard and Clark in consideration of $3,500 purchase price. ORDINANCE NO. SERIES OF 1986-- BY AUTHORITY COUNCIL BILL NO. 1 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING A QUIT CLAIM DEED FROM THE CITY OF ENGLEWOOD TO LILLARD & CLARK CONSTRUCTION COMPANY FOR A TEN-FOOT STRIP OF LAND AT THE BI-CITY WASTEWATER TREATMENT PLANT . COUNCIL MEMBER BILO MOVED, SECONDED BY COUNCIL MEMBER VOBEJDA, FOR APPROVAL OF COUNCIL BILL NO. 1, SERIES OF 1986 . Upon a call of the roll, the vote resulted as follows: Ayes : Council Member Higday, Van Dyke, Vobejda, Kozacek, Silo, Bradshaw, Otis Nays : None • I . • • • • - Page 7 -J anua r y 6, 1 98 6 The Mayor declared the motion carried . * * * * * * * * * * * Acting Director of Community Development Vargas presented background information concerning the two applications for Community Development Block Grant funds under the Small Cities Program administered by the Colorado Department of Local Affairs, Fiscal Year 1986. He requested that the Community Development Department be authorized to apply for these funds; he also provided Council with additional information detailing the budget of the proposal outlining the City's project and the WHERE project as follows: 1) one application on behalf of the City for $530,000 for the Housing Rehabilitation Project and for the Simon Center Parking Lot Modification Project; and 2) one application to be made on behalf of WHERE, Inc. for $203,000 for a Mobile Home Community Improvement Project in Englewood. RESOLUTION NO. 1 SERIES OF 1986 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, THROUGH ITS DEPARTMENT OF COMMUNITY DEVELOPMENT, TO FILE AN APPLICATION FOR A MULTI-PURPOSE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT TO FUND THE HOUSING REHABILITATION PROJECT AND THE SIMON CENTER PARKING LOT MODIFICATION PROJECT FOR THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER BILO MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, TO PASS RESOLUTION NO . 1, SERIES OF 1986. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Van Dyke, Vobejda, Kozacek, Bilo , Bradshaw, Otis Nays: None The Mayor declared the motion carried. RESOLUTION NO . 2 SERIES OF 1986 * * * * * * * * * * * A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, THROUGH ITS DEPARTMENT OF COMMUNITY DEVELOPMENT, TO FILE AN APPLICATION ON BEHALF OF WHERE , INC. (WE 'LL HAVE EQUITABLE RELOCATION) FOR A MULTI -PURPOSE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT TO FUND A MOBILE HOME COMMUNITY IMPROVEMENT PROJECT FOR THE ROYAL, ROUND -UP, AND OASIS NORTH MOBILE HOME PARKS ALONG SOUTH SANTA FE DRIVE IN ENGLEWOOD, COLORADO . COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER KOZACEK , FOR PASSAGE OF RESOLUTION NO . 2, SERIES OF 1986 . Upon a call of the roll , the vote re s ulted as follows : • I . • • • • • Page 8 -Ja nu ary 6, 19 86 Ayes: Council Member Higday, Van Dyke, Vobejda , Kozacek , Bilo, Bradshaw, Otis Nays: None The Mayor declared the motion carried. * * * * * * * * * * * City Attorney Olsen discussed with Council the need of appointing the law firm of Hill & Robbins (David W. Robbins , Esq.) as s pecial counsel for the Bi-City Wastewater Treatment Plant and the Englewood Wastewater Treatment Plant. He mentioned Mr. Robbins ' special expertise on water matte rs and his (Mr. Olsen's) satisfaction with past dealings with Mr . Robbins and the firm of Hill and Robbins. RESOLUTION NO. 3 SERIES OF 1986 A RESOLUTION APPOINTING THE LAW FIRM OF HILL & ROBB INS (DAVID W. ROBBINS , ESQ .) AS SPECIAL COUNSEL FOR THE BI-CITY WASTEWATER TREATMENT PLANT AND THE ENGLEWOOD WASTEWATER TREATMENT PLANT . COUNCIL MEMBER BRADSHAW MOVED , SECONDED BY COUNCIL MEMBER VOBEJDA, FOR THE PASSAGE OF RESOLUTION NO . 3 , SERIES OF I986. Upon a call of the roll, the vote resulted as follows : Ayes: Council Member Higday, Van Dyke, Vobejda, Kozacek, Silo, Brad s haw, Otis Nays : None The Mayor declared the motion carried . * * * * * * * * * * * Mayor Otis introduced an agreement between the City of Englewood and the Chasewood Corporation, wherein Chasewood agrees not to use or request to use Frankl in Street for public or private access onto Floyd Avenue, nor to use or request to use Franklin Street as a public or private through street. City Attorney Olsen requested Council to move a resolution to authorize the Mayor to sign the agreement . Council Member Van Dyke asked the Deputy City Clerk to assign a resolution number; Resolution No. 4, Series of 1986 wa s assigned. The document was read in its entirety by the Mayor. RESOLUTION NO. 4 SERIES OF 1986 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND CHASEWOOD CORPORATION RELATIVE TO STREET USAGE . • I • • • • • • • Page 9-January 6, 1986 COUNCIL MEMBER VAN DYKE MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, THAT RESOLUTION NO. 4, SERIES OF 1986 BE ACCEPTED. Upon a call of the roll, the vote resulted as follows: Ayes: Nayes: Council Member Higday, Van Dyke , Vobejda , Kozacek, Bilo, Bradshaw, Otis None The Mayor declared the motion carried. * * * * * * * * * * * Council Member Bradshaw requested a meeting of City Council be set as soon as possible to discuss the election of Council Members to various boards and commissions and also to discuss personnel matters . The Mayor agreed to an executive session for this purpose. Council Member Higday advised Council that he would not be in attendance at the Public Hearing on January 13, 19B6; he requested Council to refrain from 'ot;og '" tho m•tto' fo' •t lo••t ooo wook '" ''do' fo' h;m to ,o,;ow tho t•po of the meeting. * * * * * * * * * * * There being no further business, Council Member Higday moved to adjourn. The Mayor declared the meeting adjourned a 8:34 p.m. • I • • • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JANUARY 6, 1986 7:30 P.M. 1. Call to order. 2. Invocation by Father Walter Jaeger, Church of All Souls, 4950 South Logan Street. 3. Pledge of allegiance by Cub Scout Troop #333. 4. Roll call. j· Minutes • . .,~~-(a) Minutes of the reqular meeting of December 2, 1985. ~l"~~(b) Kinutoo or tho regular meeting or December 16, 1085 . . cr ~1~6°. d1~ Comments by those going off the City Council. 7. Mayor will ask the City Clerk to read the liat of eligible , newly-elected Counci l Members who will then b~~~orn in ~ . the Honorable Louis Parkinson. ~ {./. ~ c;;n..-~~1... ~~p~~;M_.f/~-cU.-4; 'I:. /r~ &L~ .. d---=----~-¢ r Members of City Council are sea n temp~ry spaces)~~,~ the Mayor asks the City Clerk to call the roll of the members ~~~ of the City Council and the Mayor then declares a quorum '~ present. 8 . 9. Mayor calls for nominations for Mayor and if secret ballot is used, the City Clerk and the City Attorney will count the ballots and re~~r~ the results. ~~ 7-0 • I • • • • • · Clty Council Meeting January 6, 1985 Page 2 10. Mayor assumes the Chair and calls for nominations for Mayor Pro Tem and if a secret ballot is used, the City Clerk and City Attorney will count the ballots and report the results. ~h/ PA--o ~ ABt~ ?-o 11. Permanent seating assignments will be given. 12. Token of appreciation to retiring City Council Member Robert Weist will be given. 13. Recognition of the families and/or quests of the members of City Council. 14. Election of the City Council Members to various boards and commissions. ~d 15. Designation of the legal newspaper. 16. Pre-Scheduled Visitors. (Please limit your presentation to 10 minutes.) ~ /)__ (a) Mr. Charles Hall, Chairman of Assembly, of the Englewood Bahai Community, will be present to receive the procla- mation declaring 1986 as World Peace year. 17. Non-Scheduled Visitors. (Please limit your presentation to 5 minutes.) ~ di7tR ~ 18. Communications and Proclamations. (a) Letter from the Englewood Downtown Development Authority concerning their 1986 budget. Consent Agenda. (a) Minutes of the Board of Career Service Commissioners meetings of July 31, August 1, 5, and findings of fact; July 25; August a, and 15; August 15; August 15; Septem- ber 19; and October 16, 1985. (b) Minutes of the Downtown Development Authority meeting of November 11, 1985. (c) Minutes of the Board of Adjustment and Appeals meeting of November 13, 1985. • • I • • Cl ty Cou n c il Meet i nq January 6 , 1 98 5 Paqe 3 • • - (d) Minutes of the Public Library Adv i sory Board meetinq of December 10, 1985 . (e) Minutes of the Planninq and Zoninq Commission meetinq o f December 3, 1985. 20. Public Hearinq . 21. Ordinances, Resolutions and Motions. /7~£(a) Recommenfafdn fr~~e Department to approve a ~-~0 ~ bill for an ordinance amendinq the Enqlewood Mu n i cipal 7 -Code reqardinq adult entertainment establishments i n • order to more eff~ively requlate them. Recommenc;{a-(?~ from ~ Department to approve a bill for an ordinance amendinq the Enqlewood Municipal Code to clarify a~her define "illeqal weapon." Recommendaf'/ir/ from ~he Public Works Department to ap- prove a bill for an ordinance to deed a ten-foot strip of land at the Bi-City WWTP to Lillard and Clark. Recommendation from the Community Development Department to approve a Resolution authorizinq the submission of two applications for Community Develop,nt Block G~= _ ~ funds under the Small Cities Proqram. ~· 1 ~,~ Resolution appointinq Hill ' Robbins Law Firm as special counsel for the Wastewater Treatment Plant. ~~ ~ 22. City Manaqar•s Report . 23. City Attorney's Re port. 24. General Discussion. (a) (b) ~ ~ ~ vjelt~-Mayor's Choice . -4!-a.O 1{--.;{~.A..L~~J-' Council Member's Choice. ~ ~£ 25. Adjournment. ,/] -~0/ : { /ll~y //fct.l'z<-L AN W MC COWN City Manaqer 7'-0 • I • • • • .. CITY CHAMBERS City of Englewood January 6, 1986 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on January 6, 1986, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order . The invocation was given by Father Walter Jaeger, Church of All Souls, 4950 South Logan Street. The pledge of allegiance was led by Cub Scout Troop No . 333 . Mayor Otis asked for roll call . Upon a call of the roll the following were present: Council Members Higday , Van Dyke, Vobejda, We i st, Bilo, Bradshaw, Otis. The Mayor declared a quorum present. * * * * * * * * * * * Also present were: City Manager McCown Assistant City Manager Vargas City Attorney Olsen Police Chief Holmes Deputy City Clerk Crow * * * * * * * * * * * MAYOR PRO TEM BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER BILO, FOR APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF DECEMBER 2, 1985, WITH THE CORRECTION OF COUNCIL MEMBER VAN DYKE'S NAME ON PAGE 13 . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, and Otis. The Mayor declared the motion carried. * * * * * * * * * * * MAYOR PRO TEM BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER BILO, FOR APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF DECEMBER 16, 1985, WITH THE CORRECTION ON PAGES 4 AND 5: I • • • • • - Page 2 -J anuary 6, 1986 PAGE 4 - PAGE 4 - PAGE 5 - PARAGRAPH 3, LINE 1 SHOULD READ "ARCHITECT DOUG WAGNER, REPRESENTING MR. METZEL, CAME FORWARD PARAGRAPH 5 · SPELLING OF NAME OF PAT SMITTEN CORRECTED TO READ "SMEATON." PARAGRAPH 1, LINE 1 SHOULD READ "MR. WAGNER, STATED HE DID NOT .... " (DELETING "M R. METZEL STATED • Upon a call of the roll , the vote resulted as follows: Ayes: Counc i l Member Hi gday, Van Dyke, Vobejda, Weist , Bilo, Brad shaw , Ot is. The Mayor declared the motio n car r ied . * * • * • * * * • * * Retiring Council Member Weist expressed hi s appreciation to the other members of City Council , st at ing it had been a plea sure to work with them during his term of office and to have been elected to serve the constituents of his district (IV). He also wished Counc i l Me mber -elect Gary Kozacek and the other members of Council the very best of lu ck in all their endeavors. Mayor Otis expressed his pleasu re in s ervin g wit h Mr. Weist. Honorable Lou Parkin son, Municipal Court Judge , conducted the swearing in ceremony for the newly elected Coun c il Members: Joseph V. Bilo, Jr ., Coun cil Mem ber at large Susan Van Dyke , Council Me mbe r , Dis trict II Gary L. Kozacek , Council Mem ber , Di s tr ic t IV . Congratulations were offered , and t he ne w Cou nci l Members returned to their temporary seating. The May or reques t ed a roll cal l. Upon a call of the roll, the following were present : Council Members Higday , Van Dyke, Vobe jd a, Kozacek , Bilo, Bradshaw, Otis. The Mayor declared a quorum pr es ent. * • * * * * * * * * • COUNCIL MEMBER BILO NOMINATED , SECONDED BY COUNCIL MEM BE R HIGDAY, EUGENE L. OTIS AS MAYOR FOR A TWO YEAR TERM OF OFFICE COMME NCING IMMEDIATELY. Upon a call of the roll, the vote r esul t ed as follows: Ayes: Nays : Coun cil Member H1gday, Va n Dyke , Vobejda, Kozacek, Bi 1 o, Otis. Non e • I • • • • • - Page 3 -January 6, 1986 Nays: None The Mayor declared the motion carried. * * * * * * * * * * * COUNCIL MEMBER HIGDAY NOMINATED, SECONDED BY COUNCIL MEMBER KOZACEK, BEVERLY J. BRADSHAW AS MAYOR PRO TEM FOR A TWO YEAR TERM OF OFFICE COMMENCING IMMEDIATELY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Van Dyke, Vobejda, Kozacek, Bilo. Bradshaw, Otis. Nays: None The Mayor declared the motion carried. * * * * * * * * * * * It was unanimously decided to continue with the present seating for the new term of office. As a token of appreciation, Mayor Otis presented retiring Council Member Robert Weist with a bronze Mark plaque as a reminder to Mr. Weist of service as a member of the Council. Mayor Otis and Council Member Bilo introduced members of their families and friends who were present in the audience. Mayor Otis on behalf of Mayor Pro Tern Bradshaw and himself thanked the Council Members for honoring them by selecting them to serve for another two years. The matter of election of members to various Boards /Authorities/Commissions was delayed until City Council have had an opportunity to discuss the matter. * * * * * * * * * * * COUNCIL MEMBER BRADSHAW MOVED , SECONDED BY COUNCIL MEMBER VAN DYKE, THAT THE ENGLEWOOD SENTINEL BE DESIGNATED THE LEGAL NEWSPAPER FOR THE CITY OF ENGLEWOOD. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw, Otis Nays: None The Mayor declared the motion carried. * * * * * * * * * * * * COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER BILO, THAT THE YEAR OF 1986 BE PROCLAIMED AS THE INTERNATIONAL YEAR OF PEACE IN ENGLEWOOD, • I • • • • • - Page 4 -January 6, 1986 COLORADO. There was discussion as to the ultimate purpose of the proclamation and if it presented a position for or against nuclear weapons, etc. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Van Dyke, Vobejda, Kozacek, Silo, Bradshaw, Otis Nays: None The Mayor declared the motion carried. Pre-scheduled visitor, Charles Hall , Chairman of Assembly, of the Englewood Bahai Community, came forward to receive the proclamation from the Mayor, expressing his apprec iation for its passage stating that Englewood is one of the first in the metropolitan area to ex pre ss support for this issue. * * * * * * * * * * * There were no other visitors prese nt. * * * * * * * * * * * COUNCIL MEMBER BRADSHAW MOVED , SECONDED BY COU NCIL MEMBER KOZACEK, THAT CITY COUNCIL RECEIVE THE I986 BUDGET FROM THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw, Otis Nays: None The Mayor declared the motion carried. * * * * * * * * * * * Consent agenda items were: {a) Minutes of the Board of Career Service Commissio ners meeting of July 3I, August I, S, and findings of fact; July 2S; August 8, and IS; August IS; August IS; September I9; and October I6, I98S. (b) Minutes of the Downtown Development Authority meeting of Nove mber II , I98S. {c) Minute s of the Board of Adjustment and Appeals meeting of November I3, I98S. {d) Minutes of the Public Library Advisory Board meeting of December IO, I98S . I • • • • • • Page 5 -January 6, 1986 (e) Minutes of the Planning and Zoning Commission meeting of December 3, 1985. COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER VOBEJDA, THAT THE CONSENT AGENDA ITEMS 19 (a) THROUGH (e) BE RECEIVED BY COUNCIL. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Van Dyke , Vobejda, Kozacek, Bilo, Bradshaw, Otis Nays: None The Mayor declared the motion carried. * * * * * * * * * * * Police Chief Holmes presented backgroun d information concerning the proposed bill for an ordinance which would amend the Englewood Municipal Code regarding adult entertainment establishments in the City in order to more effectively regulate them. He stated that such amendment was necessary in order for the police department to enforce the matter as it should. City Attorney Olsen addressed questions raised by Council concerning the previous ordinance addressing this matter. ORDINANCE NO. SERIES OF 1986-- BY AUTHORITY COUNCIL BILL NO. 2 INTRODUCED BY COUNCIL MEMBER HIGDAY A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 6, ARTICLE C, SECTION 5, OF THE ENGLEWOOD MUNICIPAL CODE 1985, RELATING TO ADULT ENTERTAINMENT ESTABLISHMENTS, BY ADDING A NEW SUBSECTION E UNDER PROHIBITED ACTS. COUNCIL MEMBER HIGDAY MOVED, SECONDED BY COUNCIL MEMBER BILO, FOR THE PASSAGE OF COUNCIL BILL NO. 2. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw, Otis Nays: None The Mayor declared the motion carried . * * * * * * * * * * * Police Chief Holmes presented to City Council information concerning the recommended bill for an ordinance which would amend the Englewood Municipal Code to clarify and further define the term "illegal weapon ." Chief Holmes explained the need for such clarification . Questions were raised by Council • I • • • • • - Page 6 -January 6, 19 86 Members regarding the ordinance . Council Member Van Dyke in particular expressed concern regarding the definition of "spikes." City Attorney Olsen concurred that the terms may be considered vague, that court determination may be necessary . BY AUTHORITY ORDINANCE NO. SERIES OF 1986--COUNCIL BILL NO. 3 INTRODUCED BY COUNCIL MEMBER VOBEJDA AN ORDINANCE AMENDING TITLE 7, CHAPTER 6C, SECTION 2, ENGLEWOOD MUNICIPAL CODE 1985 , REGARDING POSSES SION OF ILLEGAL WEAPONS. COUNCIL MEMBER VOBEJDA MOVED , SECONDED BY COUNCIL MEMBER KOZACEK, FOR THE PASSAGE OF COUNCIL BILL NO. 3. Upon a call of the roll, the vote resulted as follows: Ayes : Coun cil Member Higday, Vobejda, Silo , Bradshaw, Otis . Nays: Counci l Member Van Dyke, Kozacek The Mayor declared the motion carried. * * * * * * * * * * * City Manager McCown detailed for Council Members the background information concern ing t he recommendation from the Public Works Department to approve a bill fo r an ordinance deeding a ten-foot strip of land at the Bi -City Wastewater Treatment plant to Lillard and Clark. Mr. McCown recommended that this ordinanc e be approved authorizing the Mayor's signature on a quit cla im deed to Lillard and Clark in consideration of $3,500 purchase price . ORDINANCE NO. SERIES OF 1986-- BY AUTHORITY COUNCIL BILL NO. 1 INTRODUCED BY COUNCIL MEMBER SILO AN ORDINANCE APPROVING A QUIT CLAIM DEED FROM THE CITY OF ENGLEWOOD TO LILLARD & CLARK CONSTRUCTION COMPANY FOR A TEN -FOOT STRIP OF LAND AT THE BI -CITY WASTEWATER TREATMENT PLANT. COUNCIL MEMBER SILO MOVED, SECONDED BY COUNCIL MEMBER VOBEJDA, FOR AP PROVAL OF COUNCIL BILL NO. 1, SERIES OF 1986. Upon a call of the roll, the vote resulted as follows: Ayes : Council Member Higday , Van Dyke, Vobejda, Kozacek , Silo, Bradshaw, Otis Nays: None I . • • • - Page 7-January 6, 19 8 6 The Mayor declared the motion carried. * * * * * * * * * * * Acting Director of Community Development Vargas presented background information concerning the two applications for Community Development Block Grant funds under the Small Cities Program administered by the Colorado Department of Local Affairs, Fiscal Year 1986. He requested that the Community Development Department be authorized to apply for these funds; he also provided Council with additional information detailing the budget of the proposal outlining the City's project and the WHERE project as follows: 1) one application on behalf of the City for $530,000 for the Housing Rehabilitation Project and for the Simon Center Parking Lot Modification Project; and 2) one application to be made on behalf of WHERE, Inc. for $203,000 for a Mobile Home Community Improvement Project in Englewood. RESOLUTION NO. 1 SERIES OF 1986 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, THROUGH ITS DEPARTMENT OF COMMUNITY DEVELOPMENT, TO FILE AN APPLICATION FOR A MULTI-PURPOSE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT TO FUND THE HOUSING REHABILITATION PROJECT AND THE SIMON CENTER PARKING LOT MODIFICATION PROJECT FOR THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER BILO MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, TO PASS RESOLUTION NO. 1, SERIES OF 1986. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw, Otis Nays: None The Mayor declared the motion carried. RESOLUTION NO. 2 SERIES OF 1986 * * * * * * * * * * * A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, THROUGH ITS DEPARTMENT OF COMMUNITY DEVELOPMENT, TO FILE AN APPLICATION ON BEHALF OF WHERE, INC. {WE 'LL HAVE EQUITABLE RELOCATION) FOR A MULTI-PURPOSE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT TO FUND A MOBILE HOME COMMUNITY IMPROVEMENT PROJECT FOR THE ROYAL, ROUND -UP, AND OASIS NORTH MOBILE HOME PARKS ALONG SOUTH SANTA FE DRIVE IN ENGLEWOOD, COLORADO . COUNCIL MEMBER BRADSHAW MOVED , SECONDED BY COUNCI L MEMBER KOZACEK, FOR PASSAGE OF RESOLUTION NO . 2, SERIES OF 1986 . Upon a call of the roll , the vote resulted as fo ll ows: I . • • • • Page 8 -January 6, 1986 Ayes : Council Member Higday, Van Dyke, Vobejda, Kozacek, Silo, Bradshaw, Otis Nays: None The Mayor declared the motion carried . * * * * * * * * * * * City Attorney Olsen discussed with Counc i l the need of appo i nting the law fi rm of Hill & Robbins (David W. Robbins , Esq .) as s pecia l counsel for the Bi -City Wastewater Treatment Plant and the Englewood Was tewater Treatment Plant. He mentioned Mr. Robbins' special expert i se on wate r matters and his (Mr . Olsen's) satisfaction with past deal i ngs wi th Mr. Rob bin s and the firm of Hill and Robbins. RESOLUTION NO . 3 SERIES OF 1986 A RESOLUTION APPOINTING THE LAW FIRM OF HILL & ROBBINS (DAVID W. ROBBINS, ESQ .) AS SPECIAL COUNSEL FOR THE BI -CITY WA STE WATER TREATMENT PLANT AND THE ENGLEWOOD WASTEWATER TREATMEN T PLANT. COUNCIL MEMBER BRADSHAW MOVED , SECONDED BY COUNCIL MEMBER VOBEJDA, FOR THE PASSAGE OF RESOLUTION NO . 3, SERIES OF 1986. Upon a call of the roll , the vote resulted as follows: Ayes: Council Member Higday , Van Dyke, Vobejda , Kozacek , Silo, Bradshaw, Otis Nays : Non e Th e Mayor de cl ar ed the mot i on carri ed. * * * * * * * * * * * Mayor Otis introduced an agreement between the City of Englewood and the Chasewood Corporation, wherein Chasewood agrees not to use or request to use Franklin Street for public or private access onto Floyd Avenue, nor to use or request to use Franklin Street as a public or private through street . City Attorney Olsen requested Council to move a resolution to authorize the Mayor to sign the agreement. Council Member Van Dyke asked the Deputy City Clerk to assign a resolution number; Resolution No. 4, Series of 1986 was assigned . The document was read in its entirety by the Mayor. RESOLUT ION NO. 4 SERIES OF 1986 A RESOLUT I ON APP RO VIN G AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND CHASEWOOD CORPORATI ON RELATIVE TO STREET USAGE. • I • • - • • • • • Page 9 -January 6, 1986 COUNCIL MEMBER VAN DYKE MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, THAT RESOLUTION NO. 4, SERIES OF 1986 BE ACCEPTED. Upon a call of the roll, the vote resulted as follows: Ayes: Nayes: Council Member Higday, Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw, Otis None The Mayor declared the motion carried . * * * * * * * * * * * Council Member Bradshaw requested a meeting of City Council be set as soon as possible to discuss the election of Council Members to various boards and commissions and also to discuss personnel matters . The Mayor agreed to an executive session for this purpose. Council Member Higday advised Council that he would not be in attendance at the Public Hearing on January 13, 1986; he requested Council to refrain from voting on the matter for at least one week in order for him to review the tape of the meeting. * * * * * * * * * * * There being no further business, Council Member Higday moved to adjourn. The Mayor declared the meeting adjourn~ed 8:34 p.m. ~ .~~~~ tgu-~ uty ty c er • I • • REGULAR MEETING: • • • COUNCIL CHAMBERS Ci ty of Englewood, Colorado December 2, 1 985 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on December 2, 1985, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Keith Merriman, Emmanuel United Methodist Church, 2700 South Downing Street. The pledge of allegiance was led by Cub Scout Troop 1333. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Van Dyke, We i st, Bilo, Bradshaw, Otis. Absent: Council Members Hi gday, Vobejda. The Mayor declared a quorum present. * * * * * * * Also present were: City Manager McCown * * * Assistant City Manager Vargas City Attorney Olsen Director of Finance Higbee Deputy City Clerk Owen * * * * MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 4, 1 985 WI TH THE ADDITION OF COUNCIL MEMBER HI GDAY'S NAME TO THE MO TI ON TO PASS CO UNC I L BILL NO. 75, ON PAGE 11. Co u n cil Me mb e r Bil o s eco nded the mo ti on. Upo n a ca l l of the roll, the vote r e s ulted as foll ow s : Ayes: Nays: Absent: Council Members Van Dyke, Wei s t , Bilo , Brad sh aw , Otis . None . Council Members Higday , Vo bej da. The Mayor declared the motion carried . * * * * * * * • I • • • December 2, 1 985 Page 2 • • MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 18, 1985, WITH THE FOLLOWING CHANGES -ON PAGE 9, THE MOTION TO PASS COUNCIL BILL NO. 88 WAS DEFEATED NOT CARRIED; AND ON PAGE 16 THE CITY ATTORNEY'S SALARY WAS AN ANNUAL AMOUNT NOT A PER DAY AMOUNT. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Weist, Bilo, Bradshaw, Otis. None. Counc il Members Higday, Vobejda. The Mayor declared the motion carried. * * * * * * * There were no pre-scheduled visitors. * * * * * * * Mayor Otis asked if there were any other visitors. Dr. Br uce Elsey, owner of the All Cat Clinic, 420 West Hampden Avenu e, came forward. Dr. Elsay stated he was purchasing the property at 3986 and 3996 Sou th Broadway. Because there wou ld be a change in use he discussed the imposition of landscape requirements. Mr. Jerry Markham, owner of Little Wheels, 3998 Sou th Broadway, came forward. Mr. Markham discussed the same sub ject . Mr. Markham requested that Council not require Mr. Hackenso n, the tenant of the front part of the building , to move out until May. Mr. William W. Hackenson, 3998 South Broadway, came forward . He stated he did not want to interfer in the real estate transaction and he would move if his staying prevented the transfer. City Attorney Olsen agreed to meet with Dr. Elsey and others concerned to review the documentation and discuss the matter with them. * * * * * * * Mayor Otis presented a Communication from the Parks and Recreation Department and the Parks and Recreation Commission explaining policy and procedure for charging fees for park shelters ~nd the issuance of use permits beginning January 1, 1986 • I • • • • • • Oecember 2, 1985 Page 3 MAYOR PRO TEM BRADSHAW MOVED TO RECEIVE THE COMMUNICATION. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried. * * * * * * * Consent agenda items were: (a) (b) (c) (d) (e) (f) (g) (h) ( i) Minutes of the Urban Renewal Authority meetings of August 29 and October 2, 1985. Minutes of the Englewood Downtown Development Authority meeting of October 9, 1985. Minutes of the Board of Adjustment and Appeals meeting of October 9, 1985. Minutes of the Parks and Recreation Commission meeting of October 10, 1985. Minutes of the Planning and Zoning Commission meeting of November 5, 1985. Minutes of the Public Library Advisory Board meeting of November 12, 1985. Ordinance on final reading exempting the City from competitive bid requirements for purchase of certain supplies, materials and equipment for resale. Ordinance on final reading amending the Englewood Municipal Code to establish a Fire Prevention Bureau under the authority of the Code Administrator and to place certain regulatory provisions under the direct responsibility of the Fire Department. Ordinance on final reading amending the Englewood Municipal Code deleting the "Fireworks" Chapter which is covered in the Uniform Fire Code • I • • • December 2, 1985 Page 4 • • .. Council pulled consent agenda items 9(h) and 9(i) to consider after the public hearing concerning the ordinance amending the Englewood Municipal Co de streamlining the professionalizing code inspection services under the Division of Building and Safety. COUNCIL MEMBER WEIST MOVED TO APPROVE CONSENT AGENDA ITEMS 9(A) THROUGH 9(G). Council Member Van Dyke seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried. Consent agenda item 9(g) was hereby numbered Ordinance No. 81, Series of 1985. * * * * * * * COUNCIL MEMBER BILO MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER AN ORDINANCE ON FINAL READING AMENDING THE ENGLEWOOD MUNICIPAL CODE TO STREAMLINE AND PROFESSIONALIZE CODE INSPECTION SERVICES UNDER THE DIVISION OF BUILDING AND SAFETY. Council Member Van Dyke seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried. Walt Groditski, Code Administrator, presented the ordinance and explained the ordinance was designed to clarify the consolidation of construction codes and the fire code into one administrative ordinance. Mayor Otis asked if there was anyone in the audience wishing to speak either in favor or against the ordinance. There was no one. COUNCIL MEMBER VAN DYKE MOVED TO CLOSE THE PUBLIC HEARING. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: I • • • December 2, 1985 Page 5 Ayes: Nays: Absent: • • • Council Members Van Dyke, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried. ORDINANCE NO. 82 SERIES OF 1985 BY AUTHORITY COUNCIL BILL NO. 77 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE REPEALING TITLE 8 OF THE ENGLEWOOD MUNICIPAL CODE 1985 AND REENACTING A NEW TITLE 8 TO PROVIDE FOR ADMINISTRATIVE AND PRACTICAL CHANGES TO STREAMLINE AND PROFESSIONALIZE BUILDING AND FIRE INSPECTION SERVICES THROUGH THE PERMANENTLY IMPLEMENTED DIVISION OF BUILDING AND SAFETY; READOPTING BY REFERENCE THE UNIFORM BUILDING CODE, 1982 EDITION, UNIFORM MECHANICAL CODE, 1982 EDITION, UNIFORM PLUMBING CODE, 1982 EDITION, NATIONAL ELECTRICAL CODE, 1984 EDITION, UNIFORM FIRE CODE, 1982 EDITION; AND PROVIDING FOR REGULATIONS GOVERNING SWIMMING POOLS, NUMBERING BUILDINGS, MOVING STRUCTURES AND DEMOLITION OF STRUCTURES. MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 77, SERIES OF 1985, ON FINAL READING. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried • ORDINANCE NO. 83 SERIES OF 1985 • • • • BY AUTHORITY • • • COUNCIL BILL NO. 78 INTRODUCED BY COUNCIL MAYOR OTIS AN ORDINANCE AMENDING TITLE 1, CHAPTER 6F, OF THE ENGLEWOOD MUNICIPAL CODE 1985 ESTABLISHING A FIRE PREVENTION BUREAU, PLACING AUTHORITY FOR ITS ADMINISTRATION UNDER THE CODE ADMINISTRATOR, AND ADOPTING CERTAIN I • • • December 2, 1985 Page 9 • • • MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 93.1, SERIES OF 1985, ON FINAL READING. Council Member Van Dyke seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Van Dyke, Weist, Bilo, Otis. Nays: Council Member Bradshaw. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. COUNCIL MEMBER BILO MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER ISSUANCE AND SALE OF $8.5M INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR SWEDISH MEDICAL OFFICE BUILDING PROJECT. Council Member Van Dyke seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Weist, Silo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried. Mayor Otis asked if there was anyone present wishing to speak either in favor or in opposition of the issuance. Dan O'Meara, attorney for Kutak, Rock, and Campbell, came forward. Representing Swedish, Mr. O'Meara asked for favorable passage of the ordinance. There were no other comments. COUNCIL MEMBER BILO MOVED TO CLOSE THE PUBLIC HEARING. Council Member Van Dyke seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried • I • • • • .. December 2, 1985 Page 8 NON -NEGOTIABLE SUBJECT OF COLLECTIVE BARGAINING, AND DECLARING AN EMERGENCY. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 88.1, SERIES OF 1985, ON FINAL READING. Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried. * * * * * * * MAYOR PRO TEM BRADHSAW MOVED TO RECONSIDER COUNCIL BILL 93.1, SERIES OF 1985, HAVING TO DO WITH THE BOND ISSUE FOR THE SWEDISH MEDICAL OFFICE BUILDING PROJECT. Council Member Van Dyke seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Van Dyke, Bilo, Bradshaw. Nays: Council Members Weist, Otis. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. Mayor Pro Tern Bradshaw spoke against the matter and was opposed to benefiting private business in this manner. Council Member Van Dyke spoke against the matter and queried holding a public hearing on an ordinance that had already been passed on final reading. City Manager McCown explained the hearing was o meet federal requi rements. Mr. McCown stated consideration of he ordina nce and related hearings were coordinated around pub lica ion requirements as well as federal regulations; and as a resu lt could no be done simultaneously . MATTER. COUNCIL MEMBER BILO MOVED TO HOLD A P UBLIC HEARING ON THE Mo ti on died for lack of a second • I • • { • December 2, 1985 Page 7 Nays: Absent: • • • Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried. Director of Finance Gary Higbee presented the background information for the withdrawal and information concerning the ICMA money purchase plan under which the "new-hire" police officers plan to participate. Sergeant Bill Kilpatrick, Englewood Police Department, spoke in favor of withdrawing from the FPPA and joining the ICMA money purchase plan. Mayor Otis asked if there were any other comments from the audience either in favor or against. There were none. COUNCIL MEMBER BILO MOVED TO CLOSE THE PUBLIC HEARING. Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Weist, Bile, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried. ORDINANCE NO. 85 SERIES OF 1985 BY AUTHORITY COUNCIL BILL NO. 88.1 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE ELECTING AND APPLYING TO WITHDRAW CERTAIN EMPLOYEES OF THE POL I CE DEPARTMENT OF THE CITY OF ENGLEWOOD, COLORADO, FROM THE FIRE AND POLICE PENSION ASSOCIATION AND ELECTING NOT TO PARTICIPATE FOR THEM IN ANY STATEWIDE PENSION PLAN PURSUANT TO C.R.S. 31-30-1001 et. seq., AND, IN LIEU THEREOF, ESTABLISHING A MONEY PURCHASE PLAN FOR ALL POLICE OFFICERS HIRED BY THE CITY OF ENGLEWOOD ON OR AFTER APRIL 8, 1978; AND APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD POLICE ASSOCIATION RE-ENFORCING THE MONEY PURCHASE PLAN AS A • I • • ( • • • December 2, 1985 Page 6 REGULATORY PROVISIONS PREVIOUSLY CONTAINED WITHIN THE UNIFORM FIRE CODE AS THE DIRECT RESPONSIBILITY OF THE ENGLEWOOD FIRE DEPARTMENT. • MAYOR OTIS MOVED TO PASS COUNCIL BILL NO. 78, SERIES OF 1985, ON FINAL READING. Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried. ORDINANCE NO. 84 SERIES OF 1985 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 79 INTRODUCED BY COUNCIL MEMBER WEIST AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE 1985 BY DELETING TITLE 7, CHAPTER 5, ENTITLED "FIREWORKS." COUNCIL MEMBER WEIST MOVED TO PASS COUNCIL BILL NO. 79, SERIES OF 1985, ON FINAL READING. Council Member Van Dyke seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Weist, Silo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER WEIST MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER AN ORDINANCE ON FINAL READING WITHDRAWING NEW HIRE POLICE OFFICERS FROM THE STATE FIRE AND POLICE PENSION ASSOCIATION. Council Member Silo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Van Dyke, Weist, Silo, Bradshaw, • I • • ( De cember 2, 1 985 Page 10 • • • MAYOR OTIS MOVED TO RECONSIDER AND PASS COUNCIL BILL NO. 93.1, S ERIES OF 1985, NUNC PRO TUNC. Council Member Silo seconded the motion. Upon a call of the r oll, the vote resulted as follows: Ayes: Council Members Van Dyke, Weist, Silo, Otis. Nays: Council Member Bradshaw. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried • RESOLUTION NO. 57 SERIES OF 1985 • • • • • • • A RESOLUTION INCREASING GOLF TOURNAMENT FEES TO REFLECT INCREASE IN GREEN F EES AS APPROVED BY RESOLUTION NO. 38, SERIES OF 1985. MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO. 57, SERIES OF 1 985. Council Member Weist seconded the motion. Upon a call of the ro ll , the vote resul t ed as follows: Ayes: Nay s: Abs ent : Council Members Van Dyke, Weist, Silo, Bradshaw, Oti s. None. Counc i l Members Higday, Vobejda. The Ma yor decl a r e d t he mot i on carr i ed • RESOLUTION NO. 58 SERIES OF 1985 • • • • • * • A RESOLUTION ESTABLISHING A POLICY FOR DETERMINING RECREATION PROGRAM FEES IN THE CITY OF ENGLEWOOD. COU NCIL ME MBER VAN DYKE MOVED TO PASS RESOLUTIO N NO . 58, SERIES OF 1985. Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Van Dyke, Weist , Silo, Bradshaw, Otis. None • • • I • • { • December 2, 1985 Page 11 Absent: • • .. Council Members Higday, Vobejda. The Mayor declared the motion carried. RESOLUTION NO. 59 SERIES OF 1985 * * * * * * * A RESOLUTION APPROVING A LEASE/PURCHASE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND JINCO LEASING CORP. FOR THE ACQUISITION OF FIRE FIGHTING EQUIPMENT FOR THE CITY OF ENGLEWOOD. MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO. 59, SERIES OF 1985. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Weist, Silo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried. RESOLUTION NO. 60 SERIES OF 1985 * * * * * * * A RESOLUTION APPROVING THE CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND PRIME COMPUTER, INC. ON PURCHASE, LICENSE AND SERVICE AGREEMENT TERMS AND CONDITIONS. MAYOR OTIS MOVED TO PASS RESOLUTION NO. 60, SERIES OF 1985. Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Weist, Silo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried. I • • ( • December 2, 1985 Page 12 RESOLUTION NO. 61 SERIES OF 1985 • • .. • • • • • • • • A RESOLUTION ACCEPTING A GIFT OF REAL PROPERTY FROM MARGARET N. SCOTT FOR ALLEY PURPOSES IN THE 4300 BLOCK OF SOUTH CHEROKEE STREET IN THE CITY OF ENGLEWOOD, COLORADO. MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO. 61, SERIES OF 1985. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried • • • • • • • • MAYOR PRO TEM BRADSHAW MOVED TO SUBMIT COUNCIL BILL NO. 85 AMENDING S-6C-6C OF THE 1985 ENGLEWOOD MUNICIPAL CODE CONCERNING ADULT ESTABLISHMENTS AND PROHIBITED ACTS TO THE PLANNINC AND ZONING COMMISSION FOR THEIR REVIEW. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried • • • • • • • • MAYOR PRO TEM BRADSHAW MOVED TO APPOINT STEVE MUHL, 2715 SOUTH DOWNING, TO THE PLANNING AND ZONING COMMISSION FOR A TERM EXPIRING FEBRUARY 1, 1988. Council Member Van Dyke seconded the motion. Upon a cal l of the roll, the vote resulted as follows: Ayes: Council Members Van Dyke, Weist, Bilo, Bradshaw, Otis • I • • • • • - December 2, 1985 Page 13 ADJOURN. p.m. Nays: None. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. * £b: ~ There being no further business, COUNCIL MEMBER VAN~M~VED TO The Mayor declared the meeting adjourned without a vote at 9:10 * * * * * * I • • ,.. - ( • REGULAR MEETING: • • .. • COUNCIL CHAMBERS City of Englewood, Colorado December 16, 1985 B The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on December 16, 1985, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Higday. The pledge of allegiance was led by Cub Scout Troop 1333. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * * Also present were: City Manager McCown Assistant City Manage-r Vargas City Attorney Olsen Assistant Director of Community ment (Planning) D. Romans Develop- Englewood Housing Authority Executive Directory A. Feinstein Deputy City Clerk OWen * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 25, 1985. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * • * * I • • • December 16, 1985 Page 2 • • • Mayor Otis and Mayor Pro Tern Bradshaw presented awards to athletes from Englewood High School for recognition in the sport of cross county track and in the sport of soccer. * * * * * * * There were no other visitors at this time. * * * * * * * There were no communications nor proclamations to act upon at this time. * * * * * * * Consent Agenda items were: (a) Minutes of Urban Renewal Authority meeting of October 30 and November 6, 1985. (b) Minutes of the Housing Authority meeting of October 30, 1985. (c) Minutes of the Planning and Zoning Commission meeting of November 19, 1985. COUNCIL MEMBER VAN DYKE MOVED TO ACCEPT CONSENT AGENDA ITEMS 9(A)-9(C). Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER A RESOLUTION APPROVING A HOUSING POLICY REPORT FOR SINGLE FAMILY MORTGAGE REVENUE BONDS. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis • • I • - • • December 16, 1985 Page 3 Nays: None. • • • The Mayor declared the motion carried. Englewood Housing Authority Executive Director Alan Feinstein, 7030 Pecos, Denver, Colorado presented the resolution. The purpose of the hearing was to consider comments on the policy report for single fa mily mortgage revenue bonds. No particular area of the city was targeted to be eligible to receive the benefits of the bonds. Mayor Otis asked if there was anyone present wishing to speak to Council concerning this matter. No one responded. MAYOR PRO TEM BRADSHAW MOVED TO CLOSE THE PUBLIC HEARING. Council Member Van Dyke seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Hay declared the motion carried. RESOLUTION NO. 62 SERIES OF 1985 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD APPROVING THE POLICY REPORT FOR SINGLE FAMILY MORTGAGE REVENUE BONDS UNDER SECTION 103A OF THE INTERNAL REVENUE CODE. MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO. 62, SERIES OF 1985. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * • I • - • ( • December 16, 1985 Page 4 • • • Assistant Director of Community Development Dorothy Romans presented a recommendation from the Planning and Zoning Commission to approve the 300 West Belleview Avenue Planned Development which is located on the south side of West Belleview Avenue, west of K-Hart. Ms. Romans stated Sanford Hetzel, President of Sanford Companies was the proprty owner and the applicant proposing to develop the 10-acre site with 312 dwelling units in nine buildings. ~~?,r C~Q tu~uf-'(1!'~.<1--toa ~0, ~-<l4t.r~ 0r.cJUVc. ~. Hetzel came fOrward and d~played a rE , proposed design. lfe also discussed in detail his ( ~r:£,; particular areas of ground, why some buildings werE were 3-story, the financing was not through industJ ~./11 Is, the units were adult rentals, and the whole projecl from start to finish -there was no approach to bu : Council agreed to allow citizens in the audience to speaK regarding th~~:c ~ ~ a --c.-t:77'L Pat · , 5155 South Elati, came forward. Ms. Smitten stated her neighborhood would be impacted by the project density and would prefer that none of the buildings be more than 2-story. Ms. Smitten stated that she never saw the complete set of drawings. Ruth Kelly, 5145 South Elati Drive, came forward. Mrs. Kelly expressed concern about the high density and had hoped that more than just 3 res i dents of the neighborhood would be present to express opposit i on. COUNCIL MEMBER MATTER TO HEAR FROM THE 13, 1986, at 7:30 P.M. a cal l of the roll, the HIGDAY MOVED TO SET A PUBLIC HEARING ON THIS RESIDENTS OF THE NEIGHBORHOOD FOR MONDAY, JANUARY Mayor Pro Tern Bradshaw seconded the motion. Upon vote resulted as follows: Ayes : Co u nc il Memb e rs Hi gd a y, Va n Dyk e , Vobe j d a , Weist , Bil o, Bradsha w, Otis . Nays : Non e . The Ma yo r d e c la r ed the mo ti on carri ed. * * * * * * * Mayo r Pr o Te rn Br a dsh a w asked Hr . Hetzel t o c on tact t h e r esi d ents of the nei gh b orhood a nd f i nd ou t t he i r c oncerns. • I • • - ( ( • December 16, 1985 Page 4 • • • Assistant Director of Community Development Dorothy Romans presented a recommendation from the Planning and Zoning Commission to approve the 300 West Belleview Avenue Planned Development which is located on the south side of West Belleview Avenue, west of K-Mart. Ms. Romans stated Sanford Hetzel, President of Sanford Companies was the proprty owner and the applicant proposing to develop the 10-acre site with 312 dwelling units in nine buildings. tul...uf4 &.~-< 1-!{_ -a ~J, ~Al.-1'-n:z--~ Mt. Metzel came ~rward and d~played a rendering of the proposed design. ~e also discussed in detail his plans for seeding particular areas of ground, why some buildings were 2-story and other were 3-story, the financing was not through industrial development bonds, the units were adult rentals, and the whole project would be completed from start to finish -there was no approach to build this piecemeal. Council agreed to allow citizens in the audience to speak regarding th~~:c~ ~a £-b?L- Pat · , 5155 South Elati, came forward. Ms. Smitten stated her neighborhood would be impacted by the project density and would prefer that none of the buildings be more than 2-story. Ms. Smitten stated that she never saw the complete set of drawings. Ruth Kelly, 5145 South Elati Drive, came forward. Mrs. Kelly expressed concern about the high density and had hoped that more than just 3 residents of the neighborhood would be present to express opposition. COUNCIL MEMBER MATTER TO HEAR FROM THE 13, 1986, at 7:30 P.M. a call of the roll, the HIGDAY MOVED TO SET A PUBLIC HEARING ON THIS RESIDENTS OF THE NEIGHBORHOOD FOR MONDAY, JANUARY Mayor Pro Tern Bradshaw seconded the motion. Upon vote resulted as follows: Ayes: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * * Mayor Pro Tern Bradshaw asked Mr. Hetzel to contact the residents of the neighborhood and find out their concerns. • I • • • December 16, 1985 Pa ge 5 • • • ./7[ t. / wa '/) ·f!r. P!elze~ stated he did not hold a formal meeting with the neighborhood but did send out letters notifying them of his plans. Mr. Metzel stated that he was in compliance with the code and even made some concessions by moving the buildings back 100 feet and decreasing the density. * • * * * * * Assistant Director Dorothy Romans presented a recommendation from the Community Development Department regarding approval of an Addendum to an easement agreement by and between the City of Englewood and Donald D. Rippen. MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE ADDENDUM AS WRITTEN IN COUNCIL COMMUNICATION 11(8). Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 63 SERIES OF 1985 * • * * * • • A RESOLUTION APPROVING AN ADDENDUM TO THE 1984-1986 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCIATION EFFECTIVE JANUARY 1, 1986 THROUGH DECEMBER 31, 1986. MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO. 63, SERIES OF 1985. Council Member Vobejda seconded the motion. Upon a call of the r o ll , the vote resulted as follows: Ayes: Nays: Council Memb ers Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * • • * • * * • I • • - ( • • Decem ber 16, 1985 Page 6 • • • City Attorney Olsen asked Council to approve a 4.8% salary inc rease for the legal assistants in the City Attorney's office, 4% for the clerical positions, and to approve the upgrading of the clerical positions in the Assistant City Attorney's (prosecutor) office. MAYOR OTIS MOVED TO APPROVE THE RECOMMENDATIONS MADE BY THE CITY ATTORNEY FOR THE YEAR 1986. Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 64 SERIES OF 1985 * * * * * * * A RESOLUTION SUPPORTING A STATE MANDATORY SAFETY BELT USE LAW TO REDUCE INJURY AND IMPAIRMENTS BECAUSE OF MOTOR VEHICLE CRASHES. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 64, SERIES OF 1985. May Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * There being no further business to discuss, COUNCIL MEMBER HIGD AY MOVED TO ADJOURN. Mayor Otis adjourned the mee ting without a vote at 8:40p.m., and wished everyone a Merry Christmas. ~la11.lc.e £&~ ~Deputy City Clerk ;OC/ • I • • • • • AGENDA ITEM s CA.._/ PRESENTED BY ------ ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~ ~ ' HIQ<Iav Jf17T v Neal '1 Vobeida [jl ,_..,..,. __..-( Weist ¥ 1/ ~ Bi lo lr1 I '1'1 Bradshaw ...... 1/ \ Otis I . • • • - • • • I . • • • • • • AGENDA ITEM ~ PRESENTED BY--- ~~ . ~ ~~~/'(~*~~ /-;?// ~ ~'E:___/ f~!U ~~ ~ ~~~ ~-------~R~O!!~C'l~l--~~~7 ~ Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobeida ~ Weist ~ Bl Jo ~ Bradshaw Otis MOTION: I . • • • • AG ENDA ITEM ----4-Z--P RESENTED BY ----- ~ ~d-u~ Lr-~~<.--a...~~-...Y'----~ c?~ ~ u. 8~ gr. ~~~ ~VbV4h- ~ ~ ~ILc£ .Ju -<~~ :zr ROLL CALL Moved Seconded Ayes Nay Absent Abstain H_!gaay Neal Vobe1da We st Bi lo Bradshaw Otis MOTION: I • • ./ • • • • • AGENDA ITEM _tf=----PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain HIQdav Neal Vobe1da Weist Aile Bradshaw Otis MOTION: I • • • • - • • AGENDA ITEM ~ PRESENTED BY ------ ROLL CALL Moved s d d econ y-A yes Nay Absent Abstain / filgday Neal Vobeida .-, Weist / Bllo Bradshaw Otis I MOTION: I . . • • • • AGENDA ITEM ---'--/--=0:.-_ • • • PRESENTED BY ------- // (!/ c.., '-~ :A .e--c ~~ ROLL CALL Hoved Seconded Ayes Nay Absent -F Abstain -Hlqdav I Neal I ~obeida --Weist~ ,k'.,.. .A1.J>. , Bllo u Bradshaw Otis M<YriON : • I . . • - • • AGENDA ITEM --L-/_,_/ __ P RE S ENTED BY ------- L~9.k~,. ~ ~111ff ~ ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobeida Weist Bllo Bradshaw Otis MOTION : I • • • • • • • AGENDA ITEM ~ PRESENTED BY ------ ----e_.., 0/ ~ ~·r # r (./ ~ ~J ~/V ~ ROLL CALL Moved Seconded A yes Nay Absent Abstain Hlaaav Neal Vobe1da Wei s t Bllo Bradshaw Oti s MOTION: • I . • • • • • • AGENDA ITEM /f ROLL CALL Moved Seconded Ayes Nay Absent Abstain llladav Neal Vobeida Weist Bllo Bradshaw Otis I I l MCYI'ION: I . • • • - • • • • AGENDA ITEM ,~~--P RE SENTED BY ------ #-a-.e.,_;'--"-<-d''nt-~ <f/ A£~_,£_. ,J t (J _Jf2,uL~ f!t~~r flu-i/Yl:f ~,th~ lu c:&<:U~:.&-t:R -rtk_e__ .&r-e ~~ p,. du_. "'-dr "7 E-n,tf ROLL CALL I Moved Seconded A yes N ay Absent Abstain HIQday 1 v ·v/.//71 I Vobe1da I Weist __, Bilo ~/ ~ Bradshaw I ? Otis MOTION. ~ u ~ • I . • • • .NOI.LOW \ spo MI!4SPI!JS ]tM'V /1 01 !lr &T}1' / lS !ill'\---o? Ep~aqo A I tl!iiN I AeDDIH ' papuo::~as paiiOW 111/J 110"11 ~ / W3.LI VON3!)V I . • • • • • • • I . • • • • • - AGENDA ITEM / 7 -~--'---PRESENTED BY -------- 4~~deduL ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobeida Weist Bllo Bradshaw Otis MariON: I . • • • • • AGEN DA I TEM I? PRESENT ED BY '-----_J<P r ---~ ~ /it-a ~..;/<-aMJ' ~; ,(}£<'-(r-tduL t.(f (;/;z~./f-;;; ~ r I 9 ?' c{; f _)_____ c ..e.-d. ct.~ ROLL CALL Moved Second d -e Ay{s Nay Absent Hla<lav 7 L-Neal I Vobeida I. I 1-v +t?(. •< /\ -:."U'f A .r'. T'l -Ri lo v -Bradshaw 7 Oti s MOTION : v • • Abstain I - - I ~ I . <. I • • • • P R 0 C L A M A T I 0 N WHEREAS, it is the hope and prayer of all people of good will that world peace can be achieved; and WHEREAS, we live in a world that makes universal peace a prime imperative if civilization is to survive and advance; and WHEREAS, America, because of its many God-given blessings, can and must make every effort and work diligently for the attainment of world peace; and WHEREAS, world peace begins not only in the hearts and minds of men but in the resolve that each of us must make to work ceaselessly and in every way possible to eliminate the underlying causes of conflict and war. NOW, THEREFORE, 1, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the year of 1986 as the INTERNATIONAL YEAR OF PEACE in Englewood, Colorado, in the fervent hope that this will motivate Americans everywhere to work, each in his own way and in concert with others, for the attainment of those attributes in himself, in his community, in his nation and in the world that will foster a high standard of justice and eliminate those prejudices that are roadblocks on the highway leading to universal peace. GIVEN under my hand and seal this 6th day of January, 1986. MAYOR • I • • D ( • • • • P R 0 C L A M A T I 0 N WHEREAS, it is the hope and prayer of all people of good will that world peace can be achieved; and WHEREAS, we live in a world that makes universal peace a prime imperative if civilization is to survive and advance; and WHEREAS, America, because of its many God-given blessings, can and must make every effort and work diligently for the attainment of world peace; and WHEREAS, world peace begins not only in the hearts and minds of men but in the resolve that each of us must make to work ceaselessly and in every way possible to eliminate the underlying causes of conflict and war. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the year of 1986 as the INTERNATIONAL YEAR OF PEACE in Englewood, Colorado, in the fervent hope that this will motivate Americans everywhere to work, each in his own way and in concert with others, for the attainment of those attributes in himself, in his community, in his nation and in the world that will foster a high standard of justice and eliminate those prejudices that are roadblocks on the highway leading to universal peace. GIVEN under my hand and seal this 6th day of January, 1986. • I • • ( ( I • ENGUWOOO OOWN'IOWN DIVEI.Of'MENT AUTHOIIITY 3535 ~ Shornui- Erolowood. Colcoa<io 80110 Phonlr 303 /711 ·71185 December 19, 1985 Mayor Eugene Otia · · • City of Englewood 3400 South Elati Englewood, CO 80110 Dear Mayor Otis: ,; • • • " ..... , .. ··-'· According to the State Statutes, the Englewood Downtown Development Authority shall submit the annual budget to the governing body (City Council). I have attached the budget that the Board of Directors unant.ously approved at the November 13, 1985 regular meeting. Should you have any questions, please do not hesitate to call me. On behalf of the EDDA, I wish you and the entire City Council a very Happy Holiday Season and a very prosperous New Year. Sincerely, ~ Executive Director Attaclaent HECE\VED OEC ~0 ·~. CllY 11\Mi tGE R'S OrflCE F.NGl.'.I';OOD • I • • -• • • ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 S. Sherman -Englewood, CO 80110 Estimated Revenues -1986 Property Tax Specific · Ownership Tax Penalties on Delinq. Tax Interest Earnings Total Revenues $142,492 11,550 1,000 10,000 $165,042 --------------------------------------------------------------------------------------------------- 1, I • Proposed Expenditures -1986 Nov. 4, 1985 Salaries: Salary, Director, full time Salary, Secretary, flex time Pensions and Insurance: ICMA Social Security AD & D Health and Dental Insurance Long Term Disability Office Supplies: General Office Books Postage Paper Printing -City Printing -Outside Food Film Miscellaneous $ 28,080 5,000 2,400 100 2,000 300 1,300 250 1,700 100 1,400 3,100 1,000 250 700 • I • • t • • • • Proposed 1986 Budget Page Two Professional Services: Audit County Collection Legal Technical and Professional Education and Travel: Trave~nd Conference · Registration Mileage {includes car allowance) Tuition and Training Memberships and Dues Communication and Utilities: Advertising Telephone Electrical and Gas Bills Water and Sewer Rental: ------Building Rental Office Equipment Rental Repair and Maintenance: Office Equip. Rep. & Maintn. Aid~ Other Agencies: Aid to Other Agencies and Programs Miscellaneous Expenses: Land: Mortgage Interest Insurance Contingency --Land (Principal-Sachter) Loans: Public Improvements TOTAL EXPENDITURES: Nov . 4, 1985 • $ 1,000 2,900 3,400 27,212 1,000 2,100 900 100 2,700 600 0 350 7,700 1,200 100 1,500 4,000 1,600 15,000 3,000 41,000 I • $165,042 ( <.. I • • • • ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 S. Sherman -Englewood, CO 80110 ~ -~ Program -Projects Aid/Other Teclnical & Printing M!encies Professional Promotion-Dntn. Aid, Agencies Prog . 1,500 Newsletter 600 200 Calendar 2,000 2,500 Promotion/Grants 500 Downtown Days 2,012 Banners Retail Seminars 5,000 900 COLO. BUS. MAC. 15,000 Slide Show Board Edu cat i on 600 1,000 TOTAL PROJECTS $3 ,100 $1,500 $27,212 Nov. 4, 1985 • Contingency $15,000 $15 ,000 I • • • • - AG ENDA I TEM I 9 PRESENTED BY ----- /l -E ~ ;Jq /~ (y ROLL CALL Moved Seconded AyFS Nay Absent Abstain H a<lay Meal t./ Vobeida Weist --c:::;;. £WI Bi lo Bradshaw \ Otis MCYriON: • I . / ·-- • • • PRESENT: ABSENT: OTHERS; • • • BOARD OF CAREER SERVICE COMMISSIONERS JULY 31, AUGUST 1 AND 5, 1985 SPECIAL HEARING Tom Fitzpatrick, Janet Kerzic, JoEllen Turner, Cathy Pokraka Don Weber Stan Damus, CSB Attorney Jack Olsen, City Attorney Mel BeVirt, Employee Relations Director John Criswell, EPBA Attorney Ron Beck, EPBA President J7 • r :.( •'/ Commissioner Pokraka called the meeting to order . Roll call was taken and a quorum was established. Commissioner Pokraka announced the purpose of the meeting was to determine whether or not shift bidding proceedure is a mandatory issue for bargaining. Mike Smith was objected to by Criswell. The Board had taken an informal phone vote and Stan Damas was selected and agreed to by all parties. Commissioner Pokraka announced the presence of Stan Damas, since Ben Craig is out of town. Objections from both sides were asked for. There were none. It was agreed by all parties concerned that Mike Smith would not be called as a witness in view of the shared office with Mr. Damas. Let the record reflect that during the July 31 meeting, it was formally stipulated that the August 1 ordinance date for impasse conclusion was waived by mutual agreement of both the City and Englewood Police Benefit Association. The hearing of testimony as to whether or not the shift bidding procedure was a mandatory issue for bargaining was held on July 31 and August 1. On August 5, 1985, the Board reconvened to render a decision regarding the issue of shift bidding as a mandatory issue for bargaining with the same members present. A motion was made by JoEllen Turner and seconded by Janet Kerzic that the issue of shi ft bidding is a mandatory issue for bargaining per the attached findings of the Board. AYES; NAY: J anet Kerzic, JoEllen Turner, Cathy Pokraka Tom Fitzpatrick, stating both parties are in violation of charter and code . I • • - • • • • - In view of the decision, impasse was declared and the Board now has until August 10, 1985 to complete hearings and issue a decision. Hearing dates were set for August 6 and 7 at 6:30 p.m . Commissioner Fitzpatrick moved to adjourn. • I • • • • • - BEFORE THE ENGLEWOOD CAREER SERVICE BOARD IN THE MATTER OF : ENGLEWOOD POLICE BENEFIT ASSOCIATION AND CITY OF ENGLEWOOD REGARDING THE NEGOTIABILITY OF SHIFT BIDDING PROVISIONS DECISIONS, FINDINGS AND ORDER This matter came on to be heard by the Career Service Board of the City of Englewood on July 31, 1985, commencing at 6:30 p.m. The hearing continued on August 1, 1985, at which time the taking of evidence was concluded. The Englewood Police Benefit Association was represented by John A. Criswell, Attorney at Law. The City was represented by Jack Olsen, City Attorney. The Career Service Board was advised by Stanislaw s. Damas, Esq. Counsel for both the City and the Association stipulated and agreed that they had no objection to Stanislaw s. Damas serving as an advisor to the Career Service Board provided that Michael L. Smith, the law partner of Stanislaw S. Damas, would not be called as a witness by either party. The issue presented in this case is whether a specific City proposal advanced in bargaining is a aandatory subject of bargaining within the meaning of Sec. 137.5(a) of the Englewood Home Rule Charter. The City proposal concerns Article 35(b) of the Collective Bargain in g Agreement between the parties (Asso ciation Exhibit 1) which provides in the current 1984-1985 Agreement in pertinent part as follows: Bidding for Watches and Days Off B. The seniority bid system to personnel assigned to the division only, and will not be other division." will be applicable uniformed patrol authorized in any The uniformed patrol division commander will develop and post a schedule prior to each year for a six-month period starting November 1 and ending April 30. The uniformed patrol division commander will develop and post a second schedule prior to May 1 each year for a six-month period starting May 1 and ending October 31. -1- I • • • • • • The patrolmen in the uniformed division will bid twice a year. Each bid process will consist of two ( 2) three ( 3) month intervals. The fi rat bid each year will be for November 1 through January 31 and February 1 through April 30. The second bid each year will be for May 1 through July 31 and August 1 through October 31. There will be ten biddable positions on each watch. The bidding process will begin with the most senior police officer bidding the position of his choice. In the descending order of seniority each remaining officer will have a choice of the remaining biddable positions. All specialized poai tiona such as motorcycle officer, crime prevention officer, mounted patrol officer, etc. will not be open to bid. The specialized assignments along with any no bid positions on a watch will be in addition to the ten biddable positions on each watch. The City proposal as this Board understands it, is to change the number ten in the fourth paragraph above to eight and to change the third paragraph to provide for annual bidding rather than semi-annual bidding. In the event that these proposals are deemed to be mandatory subjects of bargaining, the negotiations have apparently progressed to the point where the parties are at impasse, and the Career Service Board would then be bound to schedule a further hearing in order to resolve the negotiations impasse pursuant to Sec. 137.6 of the Englewood City Charter. It should be noted at the outset that the Englewood City Code provides in Sec. 3-5-7:b that hearings concerning the resolution of impasses must be concluded by no later than August 1. In view of the fact that this matter was not brought to the attention of the Career Service Board until July 23, 1985, and that no document approximating an impasse statement, as required by the City Charter was filed until August 1, 1985 [1), both the City and the Association have stipulated that the requirement for concluding the hearing by no later than August 1, 1985, would be waived for the purposes of this dispute regarding the bidding process to be included in the Collective Bargaining Agreement to be effective January 1, 1986. POSITIONS OF THE PARTIES It is the position of the City of Englewood that its 1. Sec. 3-5-7 of the Code and its subparts requires compliance with certain time lines when one or both aprties perceive an impasse in negotiations exists. The Board urges that these requirements be complied with in the future. -2- I • • ( • • • ,. - proposal with regard to Article 35 dealing with the bidding for watches and days off is not a mandatory subject of bargaining in that it is not a specifically enumerated topic defined within the mandatory scope of negotiations as provided in the Charter in Section 137:5, which provides as follows: Randatory Subjects. The City and the certified employee representative shall have the mutual obligation to negotiate and bargain in good faith over the following mandatory subjects: Wages, hours, vacation, insurance (contribution levels and levels of benefits only), holidays, administrative leave, personal leave, military leave, disability leave, funeral leave, dues deduction, grievance resolution procedure (including cost and expenses associated therewith), non-state or federally regulated or mandated pension or retirement provisions (contribution levels only), overtime pay formulas, work uniform provisions, acting pay, longevity, transfer procedure, procedures for suspension, demotion and discharge, and education incentives. That the maintenance of benefits shall also be considered a mandatory subject under this section for the period covering up to and including December 31, 1984, after which it will become a permissive subject. City Charter Sec. 137:5(a). The City further argues that the Association contention that the inclusion of the word "longevity" within the scope of mandatory negotiations is not synonymous with the term "seniority" and hence, the City is under no obligation to negotiate with the Association concerning what the City perceives as a seniority system regarding bidding for shifts and hours of work. The City additionally contends, all though it presented no evidence on the point, that the Career Service Board should not require the City to bargain a seniority shift bidding procedure because the result of such a procedure would provide that only inexperienced officers will be on the graveyard shift, thus subjecting the citizens of the City of Englewood to jeopardy by being deprived of more experienced officers during such times as police expertise is especially needed within the City. The City presented extensive evidence concerning the intent of the framers of .the language of Sec. 137:5 of the Charter which is here at 1ssue. The City contends that the language is ambiguous, and accordingly the Career Service Board is constrained to examine the history of the language and the intent of its drafters to appropriately ascertain its meaning. The Association insists on the other hand that the issue before this Board has nothing at all to do with seniority. -3- I • • • • • • Rather, the Association contends that this case involves the issue of whether the phrase "hours" as set forth in Sec. 137.5 (as quoted above), encompasses the duty of the City to negotiate with the Association regarding the scheduling of the hours that employees would be required to work. The Association cites a number of cases arising under the National Labor Relations Act for the proposition that the term "hours" includes more than just the notion of the number of hours that an employee would work, and requires the employer to bargain with employees regarding the scheduling of those hours. Additionally, the Association argues that the term "longevity", as used in the Charter provision regarding the mandatory scope of bargaining, is actually a synonym for seniority, and accordingly, the City is under a mandate to negotiate with the Association regarding its desire to schedule the work of individual officers on a seniority basis. DISCUSSION This Board is convinced that the issue presented by the dispute framed by the parties does not involve consideration of the topic of seniority directly. Rather, the issue to be decided is whether Charter Sec. 137:5, when it requires the City and the employee representative to bargain in good faith regarding "hours" includes within the scope of that term proposals regarding procedures for determining when employees would be required to work, in addition to the total numer of hours worked. The Board is convinced that applying a literal meaning to each of the words within the mandatory scope of bargaining is an approach too narrow and restictive to reasonably have been in the contemplation of the drafters of the Charter or the people who voted on it. This perception is buttressed by certain evidence presented by the City. City Exhibit J, includes a verbatim transcript of a meeting between the City Manager, Mr. Andy McCown, and a number of employees of the City of Englewood. In a discourse reflected on page 8, the City Manager indicated that the word, "wages," appears within the scope of mandatory bargaining. In conjunction with that, the City Manager advises the employees that under that term, the City would be compelled to negotiate with the Association concerning a proposal to pay more senior employees a higher rate of pay that less senior employees. The term "wages" is apparently not limited, according to the City Manager, to the rigid notion that a salary rate is determined for a specific job. The Career Service Board is persuaded that a similar rationale applies to the next word in the listing of mandatory subjects of bargaining appearing in the Charter. That next term is "hours." The Association's contention appears to be that the City is compelled to negotiate with it concerning the manner in which employees working hours can be scheduled. This -4- I • • • • - is not per c eived t o be mater i a l ly different f r om a ll owi n g n egotiation conce r ning different wage rates on a seniority basis. At the time the Charter Amendments were drafted it appears to have been understood by City officials that the terms used to describe the mandatory scope of bargaining would be given a suff i ciently broad meaning to include common sense concepts reasonably related to the specific words enumerated there. The Board finds that this conclusion is applicable to this dispute. The Charter provision requiring bargaining on hours requires the parties to negotiate concerning more than just the number of hours of work. Whether the scheduling of the hours of work must be nego t iated requ i res further analysis . The Career Service Board is mindful of the extensive body of decisional law concerning similar provisions appearing in collective bargaining laws of a variety of states and mun i cipalities i n the country. See, for example, Government Em lo ee Relations Re orter, Vol . 1, Sec. 51, State an Loca Programs. A rev1ew o sue prov1s1ons indicates that the Englewood Ci t y Charter is not the only public sector collective bargain i ng law that has a listing of mandatory subjects of bargaining wh i le at the same time delineating certain management ri ghts to be preserved . Commentators have ind ic ated that the cou r ts have had great difficulty r e c onc i l i ng apparently contradictory provisions which appear on the one hand to expand the mandatory scope of negotiations and o n the other to preserve inviolable certain management ri ghts. [2) Professor Reginald Alleyne, a well -known auth o r i ty on Public Sector Labor Law , indicated that even i n cases where statutory prov i s i ons protected managemen t r i gh ts , th e resu lt s are not s i gn i f i cantly different when c ompa ri ng p riva te a nd pub l i c se ctor s c ope of bargaining cases . [ 3) See , f or example , C ity of Belo i t v. Wi sconsin Emplo!ee Relation s Co mm ission, 669 GERR B-13, E-1 ; 73 wis c.2d 43, 42 N.W.2d 231, 92 LRRM 3318 (1976). The Board is further pe rsu a d ed tha t t he appr o p ri a te method of analyzing whe the r a p articula r t op ic re l a t ed t o t h e question of hours is with in the ambit of mandatory n egoti a tions is to apply a balancing te s t. See A lleyne a rticl e , s~p ra. Put more precisely, the Board adopts the rationale enunc1ated by a number of courts that disputes concerning the scope of mandatory bargaining should be resolved by balancing the interests of the employees in the topic under consideration, as 2. See, for example, 'I'he Discussion of Reginald A lleyne in Statutory Restraints on Bargaining Oblig a tio n in Public Em p loyment, published in Labor Relations Law in the Pu blic Sector, Andria s. Knapp, Editor, Nationa l Institute P ro g ram Sponsored by the American Bar Association Section of Labor Relations Laws, Copyright American Bar Association, 1977, at page 105. 3. Alleyne, supra, at page 107. -5- • I • • - • • • opposed to its effect on the operations of the City or Department as a whole. The situations that impact employees greatly and affect the quality or efficiency of the governmental operation little would clearly be bargainable. On the other hand, matters which have a greater impact on the governmental entities or their citizens prerogative to determine policy as opposed to the impact on employees, would be considered within the sole province of management and not subject to mandatory bargaining. This approach is patterned after an approach adopted by a number of courts interpreting public sector bargaining frameworks. Borough of Atlantic Hi hlands v. Atlantic Hi hlands P.B.A., 459 A.2d 80 (1983) Po 1ce Sc e u e ; F1re 1g ters v. City of Valleto, 116 Cal.Rptr. 507, 526 P.2d 971 (1974), 87 LRRM 2453 (Fire ighters Schedule of Hours, Manning); Souther lin Education Association v. Southerlin School District No. 130, 25 Ore.App. 85, 548 P.2d 204 at 205 ( 1976); National Education Association of Shawnee Mission, Inc. v. Board of Education of Shawnee Mission, 212 Kan. 741, 512 P.2d 426, 84 LRRM 2223 (1973); De,artment of Army Corp of Engineers, Fed.L.Rel. Cases No. 1 A 46 (1972), reprinted in Smith, Edwards and Clark, Labor Relations Law in the Public Sector, Copyright 1974, at page 426; Westwood Community Schools, 1972, M.E.R.C. Labor Opinions 313; and Penns lvania Labor Relations Board v. State Colle e Area School D1stnct, A. , LRRM Penn.Sup.Ct. Borough of Atlantic Highlands. Applying the foregoing analysis, to the facts of record in this case, the Board finds that the scheduling of work hours is indeed a mandatory subject of bargaining under the Englewood Home Rule Charter since the scheduling clearly affects employees, and has not been shown to unduly hamper the determination of policy in the Police Department, nor have an undue adverse affect on the public. FINDING AND ORDER The Career Service Board hereby finds that the scheduling of employee working hours is a mandatory subject of bargaining under Sec. 137:5 of the Home Rule Charter of the City of Englewood, and accordingly, orders the issue of shift bidding set forth in the Stipulated Impasse Statement to be submitted to the Career Service Board forthwith, pursuant to Sec. 137:6 of the Englewood City Charter and applicable Municipal Code provisions, except as such requirements were previously waived. Dated this ~ day of August, 1985. THE CAREER SERVICE BOARD -6- I • • - • • mw/138 • • I • -7- • • ( PRESENT; ABSENT; OTHERS; • • .. BOARD OF CAREER SERVICE COMMISSIONERS July 25, 1985 REGULAR MEETING JoEllen Turner, Cathy Pokraka, Tom Fitzpatrick, Janet Kerzic Don Weber Ben Craig, Attorney Peter Vargas, Assistant City Manager Mel BeVirt, Employee Relations Director Ron Beck, EPBA President Jay Seay, EFFA President Jack Olsen, City Attorney Larry Leydon Ivory O'Roy Commissioner Pokraka called the meeting to order. Roll call was taken and a quorum was established. Commissioner Turner moved that the minutes for June 20, 1985 be approved with stated corrections. Commissioner Fitzpatrick seconded and the vote was unanimous. Item three on the agenda was business from Association's. Peter Jueneman, AFSCME President was not present. Ron Beck was present to notify and discuss the Impasse issue between the City and the Englewood Police Benefit Association. Jack Olsen and Peter Vargas were present on behalf of the City. The City was not in agreement that Impasse had been reached. Both parties had reached agreement on everything but one issue. That issue, in the view of the City, is not a mandatory subject for negotiations. The City realizes they differ with EPBA on whether or not it is a negotiable subject for bargaining and requests the Board to determine whether this issue is a negotiable issue. The City feels it involves assignment of employees. Ron Beck agreed that agreement had been reached on all but one issue and that issue is seniority rights, which EPBA feels is a negotiable subject. The disagreement is on the number of biddable slots that appear in the contract and the Police Department wishes to remain status quo as the current contract reads. The City wishes to reduce that number. EPBA does agree with the City that the Board needs to determine whether this is a negotiable issue before impasse can be determined and also requests a hearing. Chairman Pokraka informed both parties that if it is determined that it is a mandatory subject for bargaining and impasse is determined, a hearing must be completed before August 1, 1985 in I • • ( • • • .. accordance with Charter because the Board's decision must be in by August 10, 1985. Commissioner Fitzpatrick asked whether both parties brought this subject to the table. Mr. Vargas responded that it was an item the City presented as an element of the total package. Mr.Beck stated there was a mutual agreement to discuss this issue. Mr. Vargas stated that there was a tentative agreement reached at the negotiating table July 1 and that contract was not ratified by the Association and that is why the issue is being brought before the Board now. A meeting was set for Wednesday, July 31, 1985 at 6:30 p.m. to determine if the subject of biddable positions is a mandatory bargaining issue. Commissioner TUrner expressed her concern about being able to comply with the Charter and complete the hearings before August 1, 1985. The City would agree to waive the deadline if need be. The Board set a tentative date of Thursday, August 1, 1985 at 6:30 p.m. if impasse is necessary and both parties need to be ready to present their evidence then and limit their time-frame to one night. Both parties must provide a declaration of impasse statement outlining their position and final offer. Peter Vargas, Assistant City Manager, informed the Board that the ratification vote for EFFA will take place this week. The Board asked Peter Vargas about EEA negotiation. Vargas responded that the City had contacted the group but had received no response from them, so the City assumed they agreed with the proposal. Peter Vargas updated the Board on the Fire/Police Pension Withdrawal Program. The Board recognized that a letter from Jack Olsen has been received. When the City wants the Board to render a decision, they are to ask the Recording Secretary to inform the Board and a meeting will be set up to hear issues. The City feelsthat the Council is the final authority on this issue and the CSB has no veto power. The Board will hold opinion on the matter until such time as a hearing is held. Commiss i oner Kerzic moved to pay the following bills: Aisenberg $5,420 .60 Kruger 3,478.60 Craig 476.00 Comm i ss i oner Turner seconded and the vote was unanimous. commissioner Fitzpatrick moved to approve the budget and set a time to go before the City Council to request an increase in funds since the Board is bankrupt due to the unexpected number of grievance hearings. Commissioner Kerzic seconded. The roll call vote was unanimous. All Board members will appear at the next Council meeting on August 5, 1985 . commissioner Fitzpatrick moved that Attorney Mike Smith be contacted for assistance with impasse hearings since Career I • • • c • • • • Service Board Attorney Ben craig will be out o! town. Commissioner Kerzic seconded and vote was unanimous. Next item !or discussion was the Leydon grievance. The Board noted that the Hearing Officer's recommendation and a letter !rom Leydon•s Attorney John Criswell protesting the recommendation, was received. The City has until July 29 to issue a protest i! they wish. Recording Secretary will notify all Board members when the protest has been received and a aeeting will be scheduled at that tiae. co .. issioner Pokraka announced she will not be participating in the Leydon hearing. Steve O'Neal was present and his grievance request was heard by the Board. Since no letter o! appeal rights was on record, Mr. O'Neal agreed to waive that right. Commissioner Fitzpatrick moved to the timeliness o! the request and a hearing date o! August 15, 1985 at 6:30 pm. was set. The vote was unanimous. Ivory O'Roy was present to discuss his appeal request. City Attorney Jack Olsen requested the Board to decide whether there should be a hearing since it was not the intention o! the parties involved in the last hearing !or Mr. O'Roy that a year be allowed to pass before Mr. O'Roy obtained counsel. The Board will consider the issue further on August 8, 1985 at 6:30 p.m. Since there were no further issues to be heard, the Board adjourned into Executive Session. I • • ( • PRESENT; ABSENT; OTHERS; • • .. • BOARD OF CAREER SERVICE COMMISSIONERS AUGUST 8 and 15, 1985 SPECIAL HEARING Tom Fitzpatrick, Janet Kerzic, JoEllen Turner, Cathy Pokraka Don Weber Jack Olsen, City Attorney Ivory O'Roy Lewis Gresh, Attorney for O'Roy Ben craig, CSB Attorney Commissioner Pokraka called the meeting to order. Roll call was taken and a quorum was established. The purpose of this meeting was to hear testimony relating to the Ivory O'Roy appeal. After several hours of testimony and a short break, the Board adjourned into Executive Session. The Career Service Board reconvened on August 15, 1985 to render a decision in the Ivory O'Roy appeal. The Board was presented with a letter of agreement between the City of Englewood and Mr. Ivory O'Roy, withdrawing the appeal in return for full unemployment benefits during the time after his termination from the City. Mr. O'Roy stated he fully understood the agreement and voluntarily signed the agreement. In view of the fact there was an agreement between the parties after the close of the hearing, the Board did not render its original decision. A motion was made by Commissioner Fitzpatrick and seconded by Commissioner Turner to accept the letter of agreement. The vote was unanimous. The Board continued the meeting to address other issues before them, as reflected in separate minutes . l Beverly R. Recording • I • • - • ( • City of Englewood John A . Olaen , Cit) Anorney Cherie• C . Grrmm , Anlatent City Anorney Nency N . Reid , Anlatent City Anorney I Louis Gresh, Esq. 1776 Sherman, 17th Floor Denver, co 80203 RE: Ivory O'Roy Dear Mr. Gresh, • • • -----------·---------- August 14, 1985 3400 S El al r S !rtrl Eng lewooo Colorado 80110 Phone (303) 761 ·1140 This is to confirm our agreement as follows: The City of Englewood hereby consents to a determination in Mr. O'Roy's favor upon both his appeal of the denial of unemploy- ment benefits and upon the provision of unemployment benefits themselves to Mr. O'Roy. The City expressly does not object to such unemployment benefits, consents thereto and will voice said position to proper authorities promptly upon the request of Mr. O'Roy and/or his attorney. In consideration therefor, Mr. O'Roy hereby withdraws his appeal before the Career Service Board of the City of Englewood and waives forever his right to appeal his termination from employ- ment with the City of Englewood, and any and all right to be employed by the City of Englewood. Please signify your agreement to these terms, as I have on behalf of the City of Englewood, by signing below. Thank you. Ivory 0 Roy Loui s GreEh, Esq. Attorn y fo r Ivory O'Roy John R. Olsen City Attorney I • • n c • PRESENT: ABSENT: OTHERS: • • • BOARD OF CAREER SERVICE COMMISSIONERS August 15, 1985 SPECIAL HEARING Tom Fitzpatrick, Janet Kerzic, JoEllen Turner, Cathy Pokraka Don Weber Jack Olsen, City Attorney Ben Craig, CSB Attorney John Criswell, Leyden Attorney Larry Leyden Ivory O'Roy Lewis Gresh, Attorney for O'Roy The Career Service Board of Commissioners met on August 15, 1985 at 6:30 p.m. to hear testimony on the appeal of Steven O'Neal. Recording Secretary Bev Bjugan, presented the board with a letter from Steven O'Neal dropping his appeal since the City of Englewood had hired him for another position. Tom Fitzpatrick moved and Janet Kerzic seconded to dismiss the O'Neal appeal. The vote was unanimous. The Career Service Board continued the meeting to address other issues before them as reflected in separate minutes. -1 - • I • • - • ( • PRESENT: ABSENT: OTHERS: • • • BOARD OF CAREER SERVICE COMMISSIONERS August 15, 1985 SPECIAL HEARING Tom Fitzpatrick, Janet Kerzic, JoEllen Turner, Cathy Pokraka Don Weber Jack Olsen, City Attorney Ben Craig, CSB Attorney John Criswell, Leydon Attorney Larry Leydon Commissioner Pokraka withdrew Leydon matter. The chair was in the absence of Don Weber. was established. from any participation in the turned over to Commissioner Turner Roll call was taken and a quorum After discussion among the Board members, it was determined that two motions, plus the Hearing Officer's recommendation, needed to be dealt with. Motions from the City and Criswell will be heard on Tuesday, August 20, 1985 at 6:30p.m.; and the Hearing Officer's recommendations with merits of protest will be heard on August 27, 1985 at 6:30p.m. with a limit of 45 minutes presentation from each side. Commissioner Turner moved to adjourn the meeting and Commissioner Fitzpatrick seconded. c hy Fokraka, Chairperson Recording Secretary • I • • • PRESENT: ABSENT: • • • BOARD OF CAREER SERVICE COMMISSIONERS September 19, 1985 REGULAR MEETING Thomas Fitzpatrick, Cathy Pokraka, JoEllen Turner, Janet Kerzic Don Weber Vice Chairman Pokraka called the meeting to order. Roll call was taken and a quorum was established. The first order of business was approval of minutes as follows: July 25, 1985: Commissioner Fitzpatrick moved and Kerzic secon- ded that minutes be held until the following changes be made: Item Three: Last sentence to read:"Both parties are to provide a declaration of impasse and final offer statement outlining their position. If impassee is necessary hearing must be conducted and completed by August 1, 1985". The Recording Secretary was asked to check tape of this meeting and see who informed the Board about the EFFA ratification vote, and correct minutes if necessary. Paragraph Six: Last sentence to read: "The City feels that the Council is the final authority on this issue and the CSB has no veto power. The Board will hold opinion on the matter until such time as a hearing is held." The Board requested Recording Secretary to check tape carefully to s ee if City and EPBA waived impasse date and time requirement s and if so add these to the minutes. JULY 31, 1985: Commissioner Fitzpatrick moved and Commissioner Turner seconded minutes be held until following corrections were made: Paragraph Two: Mike Smith was objected by Criswell. The Board took an informal phone vote and Stan Damas was selected and agreed to by all parties. Commissioner Pokraka announced the presence of Stan Damas as the Career Service Board Attorney since Ben Craig is out of town. It was agreed by all parties concerned that Mike Smith would not be called as a witness in view of the s hared office with Mr. Damas. • I • ( • • • - Paragraph Seven: Add the following sentence "Let the record re- flect that during the July 31 meeting it was formally stipulated that the August 1 ordinance date for impasse conclusion was waivedby mutual agreement by both the City and Englewood Police Benefit Association." AUGUST a, 1985: Commissioner Kerzic moved and Fitzpatrick secon- ded that the minutes be held until the following corrections have been made: Do separate set of minutes for the August 15, 1985 hearing. In- clude the Facts and Findings with the appropriate minutes. AUGUST 15, 1985: Commissioner Turner moved and Fitzpatrick seconded that the minutes be held until the following corrections have been made: Paragraph One: To read "Commissioner Pokraka withdrew from any discussion in the Leydon matter. The chair was turned over to Commissioner Turner in the absence of Don Weber. Roll call was taken and a quorum was established." AUGUST 20, 1985: Commissioner Fitzpatrick moved and Commissioner Turner seconded that minutes be held until the following correc-tions have been made: Change date to September 16, 1985 and include all previous hear- ings from August 20, 27, and September 16, 1985. Please note that the Board meet for two Executive Sessions on September 9 and 13 for study of facts and findings to render a decision. Item three on the agenda was Association's Choice. Let the record reflect that no one was present. Item four was City Manager's Choice. Again let the record reflect that no one was present. Item five on the agenda was Commissioner's Choice. The first item was Old Business. The following bills were presented and approved: Damas & Smith -$4,656.88 Ben craig -$2,523.10 884.00 Please note for the record, several telephone conference calls were held with City Attorney. The Board has requested many times that the Attorney not have conversation without Board approval. The Budget was reviewed. A clarification of Board salary was d i scussed. Commissioner Fitzpatrick moved and Commissioner Ker- z i c seconded that a duly authorized meeting is defined as those for approving budgets, assume Board responsibilities regarding labor relations, and/or appeals. Sections 3-1-4d and 3-2-4b were discussed as reference. A maximum of $100 per month be paid to the Board. • I • • • • - It was also noted that Section 3-2-5b amendment never came b e fore the Board. Commissioner Fitzpatrick moved and Comm i ssioner Turn- er seconded that a note be sent to the Mayo r a n d the Ci ty Co u nc il addressing the following questions: 1 ) council's reasoning why Board was not noti f i ed , as the Charter gu i delines requi re i t. 2) Since the Board views this Section as a redundancy of Section 3-1-4d3F, why is it necessary. Commissioner Kerzic moved to approve budget for month ending Au- gust 31, 1985. Commissioner Fitzpatrick seconded. Commissioner Fitzpatrick still has questions regarding Leyden transcript charges and will have it ready for next meeting. Item six on the agenda was new business. First item of business was acceptance of Mr. Craig's resignation as of 9/19/85. Commis- sioner Turner moved and Commissioner Kerz i c seconded. Vote was u nan i mous. Comm i ssioner Pokraka will notify him via phone. Commissioner Turner asked for a discussion of Rule #3.3, Filings of the Board. Since the Board has no attorney at the present time, she felt it was necessary to give direction to the Record- ing Secretary in case of an emergency. Commissioner Fitzpatrick suggested that the Chairman of the Board or Vice-Chairman be called and that person be responsible for contacting a new Attorney. There was discuss i on about the h i ring of a new Attorney. Commis- sioner Turner suggested h i r i ng Damas. Commissioner Kerzic volun- teered to contact Stan Damas to see if he is interested. Commis- sioner's Turner and Fitzpatrick suggested others be looked at also. A meeting wi l l be cal l ed i n October to discuss expectations of a new attorn ey , cleri ca l and Board p r ocedures . Other n e w bus iness was d i scu ss i on of i nformal meet i ngs to be he ld in Oc tober t o discuss e xpecta tions o f Attorney, Secretary a n d p roc edu r es. Commi s sioner Fitzpatrick would like the record to reflect that he would have had great reservation of hiring a Hearing Officer i f the Board had known their decision made no difference and the case was going to District Court. Commissioner Kerzic moved and Comm i ss i oner Fitzpatrick seconded to adjourn. • I • • ( • PRESENT: ABSENT; OTHERS; • • .. BOARD OF CAREER SERVICE COMMISSIONERS OCTOBER 16, 1985 SPECIAL HEARING Janet Kerzic, JoEllen Turner Don Weber, Cathy Pokraka Torn Fitzpatrick Mel BeVirt, Employee Relations Director Searl Brier, Personnel Analyst Roy swanson, Union Rep Pete Juenemann, EEA President Jim Abshire Chairman Don Weber called the meeting to order. Roll call was taken and a quorum was established. Chairman Weber read the letter from the EEA to the Board notifying that they were at impasse. He also acknowledged receipt of a letter from the City questioning the Board's jurisdiction because of the Charter guidelines not being meet. Commissioner Turner read from the Charter outlining the dates for negotiations to begin and end. Negotiations are to begin on or before May 15 of the year. The City and the Englewood Employees Association have violated the Charter. The Career Service Board is powerless to do anything concerning impasse or they would be going against the Charter. Mel BeVirt stated that for the past few years both the City and EEA chose to delay negotiations until September. In May, when negotiations are to begin, current market information is not available from surrounding cities. It was not a conscious decision to forfeit impasse in order to have current market information. Roy Swanson agreed that it was a mutual decision to delay negotiations until September. EEA did not realize that forfeiture of impasse could occur. They were not attempting to violate the Charter, but to make the information used for comparison more current. Chairman Weber suggested a Charter change to avoid this problem in the future. Commissioner Pokraka stated that the budget needing to be completed by the City at a certain time during the year, is one of the original reasons for negotiation dates and time guidelines. Following specific guidelines as they are written in the Charter, allows for more consistent communication; all parties involved are aware of what is expected of them at any given time. A third reason for the dates being set as they were -1 - • I • • ( • • • • in the Charter, was so if impasse does take place and either party wishes to appeal the Board's decision to a vote of the people, time guidelines can be met for a sepcial election prior to the contract becoming effective on January 1 of the following year. Chairman Weber suggested a mediator. Pete Juenemann commented that the information used for negotiations is gathered by the City and other Cities. The EEA doesn't actively search for information. As a result the EEA must wait until the information is researched and made available to them by the City. For this reason the EEA agreed to delay negotiations. Chairman Weber commented that at this time the Board's right to hear impasse is non existent. Any decision the Board might make would be irrelevant. Therefore, he suggested a mediator. Chairman Weber also suggested discussion between the Employee Relations Department and EEA, so that information could be gathered earlier and Spring negotations could be resumed instead of agreeing to delay negotiations until the Fall. EEA stated they want to mediate. list of three mediators from each Mel BeVirt will call Don Weber on City on mediation. Chairman Weber stated that a group will need to be provided. October 16, 1985 to commit for Chairman Weber asked for further issues to be heard on this subject. There were none and the meeting was adjourned. Don weblr, ~rperson - 2 - Beverly R. Recording • I • • - • • • • - ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHO RITY 3535 S. Sherman -Englewood , CO 80110 Minut es Novembe r 11 , 1 98 5 Board Me mbers Pr esen t: Bo sell i , Co l ema n, Gr een, Os wald, Otis , Pendleton Boa rd Members Abs e n t : Ka ufman , Mausolf , To moo ka Sta ff Pr e s e nt: P. Dietr ich Gue s t s: Dorothy Dalquis t, Sus a n Powe rs The reg ular meeting o f the Englewood Downtown Develo pm e nt Autho rit y Bo a rd o f Directors wa s c alle d to ord e r by Cha irman Bill Pe ndl e t o n at 1 2 :20 PM on Novemb e r 13, 198 5 . Th e minutes from the pr eviou s meeting we r e present e d fo r approval. Mr . Gr e en mo ved, s e c onded by Mr . Otis , t o approv e the mi nut es f rom the Oc tober 9, 1985 r eg u la r meeting . The mo t ion wa s passed unanimously by v oic e vo t e . Trea s urer's Report -Mr. Green p r esen t ed t he Treasur e r's Repo rt of revenues a nd expend i tur es , da t e d Steptember 30, 198 5. There was no disc u ssion re-ga r ding this par t of the report. As the second pa r t of the report, Mr. Green noted that he had a tentative contract with Mr . Sachter regarding the balloon payment on the property that the EDDA is buying . The balloon payment will be refinanced at 1~% interest over the next five years. The Director will handle the necessary arrangements and documents for signatures before November 21, 1985. Also , Mr . Green presented the proposed 1986 budget to the Board . General discussion followed. Attached to the budget is the Work Program for 1986 that outlines specific projects and overhead expenses . Pending progress in the downtown redevelopment project, a Section II insert in Colorado Business Magazine will be an important feature for the EDDA in 1986 . Also, it was no t ed that the revenues for 1986 will not significantly increase because the district is within the tax increment district. Mr. Green moved, seconded by Mr. Oswald, to accept the Treasurer 's Report, and specifically approving the 1986 budget. As there was no further discussion, the vote v as called for. The motion was passed unanimously by voice vat • • I • • n • Page Two Minutes November 13, 1985 CHAIRMAN 'S REPORT • • • Public Imp r ovement Celebr ation -Mr . Pendleton r epo rted o n the c el e bra tio n that was planned to sign ify the completion o f the public improvement project for EDDA. There wer e about 70 -80 people in attendance. There al so seemed to be a very positive atmosphere and acceptance of the new lights and land-scaping on South Broadwa y . DIRECTOR'S REPORT Public Improvement UP date -The Board directed Ms. Dietrich to write a letter of commendation to SaBell's regarding the timelines s and fast pace of the public improvement project. Although there were some minor disruptions during construction, the contractor was very sensitive to th e merchant s and pro pert y owners' concern s of pedestrian and automobile traffic. Public Works Department ha s r ecommended a trash rece ptacle that now has been ord e red for the Public Improvement project. For the mos t part, the project has been completed with the exce ption of minor work . The City will notify the prop e rty owner s and business owners about the treatment a nd care of the flagstone tree grates. Fall Festival Da~s -Al thou gh the wind p layed havoc with the booths during this Fes tival, it is hoped by many who particpated i n the Festival that this will be an annual event. The major suggestion to date is to plan the Festival earlier in the year for weather considerations. Holiday Decorations -Because many questions have to be answered regarding areas of responsibility for any holiday decorations in the downtown District, an overall program will be developed that will outline these areas . This pro- ject can be coordinated with the City of Englewood, City of Englewood Chamber of Commerce, EDDA, businessowners, and property owners to ensure that the holiday decorations are uniform, unique, and a n asset to downtown Englewood. As there was no further business, the meeting was adjourned at 1:33 PM . • I • • • • • - MINUTES 1 (") ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS November 13, 1985 The regular meeting of the Board of Adjustment and Appeals began at 7:30p.m. with Chairman Fish presiding. MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Seymour, Hallagin, Brown, Gage, Ligh thall, Fish. Ferguson. Dorothy Romans, Staff Advisor Mary Alice Rothweiler, Planner I Nancy Reid, Assistant City Attorney The Chairman stated that with six members present, five affirmative votes would be required to grant a variance. BOARD MEMBER HALLAGIN MOVED THAT THE MINUTES FOR THE MEETING OF OCTOBER 9, 1985, BE APPROVED WITH THE ADDITION OF }m. BROWN'S FINDINGS ON PAGE 7. Board Member Lighthall seconded the motion. Upon a vote, all six members voted in favor of the motion, and the Chairman declared the Minutes approved as amended. * * * * * BOARD MEMBER SEYMOUR MOVED THAT THE FINDINGS OF FACT IN CASES 23-85, 24-85, 25-85, AND 26-85 BE APPROVED AS WRITTEN. Board Member Gage seconded the motion. Upon a vote, all six members voted in favor of the motion, and the Chairman ruled the Findings approved. * * * * * Continued Cases. The Chairman reopened Case #27-85, stating the Board is authorized to grant or deny a variance by Part III, Section 60 of the Englewood City Charter . He said he had proof of publication, and that posting is not necessary in this case. Mr. Fish asked that Mr. Arkin come forward. Harry L. Arkin, Attorney for Burt's Interests, came forward for testimony. Assistant City Attorney Reid stated that it would not be necessary for Mr. Arkin to be sworn in. Mr. Fish stated that Mr. Arkin had been asked to attend in order to give a commitment to screening and the other conditions suggested by the Staff • I • - • • • • • -2- Mr. Fish read the four conditions: 1. The building at 73-75-77 East Floyd Avenue and 3253-3255 South Lincoln Street shall be brought into compliance with all applicable Uniform Building Code and Fire Code requirements for the actual occupancy. 2. No cars awaiting service or being serviced shall be stored on the streets or outside the building. 3. There shall be no storage of non-operable or damaged or wrecked vehicles on the parking lot east of South Lincoln Street on the Burt property. 4. Whenever there is a change in lessees for any of the businesses in the building, the new lessee for that portion of the building must be a conforming use for the B-1 Business District. Mr. Fish asked what the position of the owner on these conditions would be. Mr. Arkin said he could stated what he believed would be the position of Burt Properties, saying that he thought they would accept his advice. He said that after discussing the matter with Mrs. Romans and Mrs. Rothweiler, he inspected the property and instructed his staff to notify the tenants to comply with Items 1 and 2. He said that if a vehicle is wai ting for parts, it should be permitted in the parking lot, but no damaged or wrecked cars should be stored there. He said that such storage will stop. Mr. Arkin said that the Urban Renewal Authority expressed an interest in the property at 3300 South Broadway (Colorado Tool Company) and the va cant lot on the east side of South Lincoln and north of Floyd on the west side of Lincoln, north of Floyd. Studies have been made, and it was decided that until the Brady project is finished , Burt will not move to redevelop the subject site. They expect, however, within the next few years to demol ish the building on the northwest corner of Lincoln and Floyd and build something in keeping with the development that will exist in the area at that time. Mr. Arkin said that the building has been auto-related since the 1940's. Burt Chevrolet moved in approximately 1960, and this building , which was the old paint and body shop has been used primarily for auto-related uses since that time. He said the nonconforming use would have a short life. Mr . Arkin said that the vacant lot on the northeast corner of Floyd and Lincoln will be difficult to develop and that the City dit c h goes through the property. He said that screening is expensive, and cedar fencing is expansive and slats are easily damaged. He stated that Burt properties would see that the lot is cleaned up and that no wrecked cars or auto parts would be stored on the lot. He said that storage of the recreational vehicles should be permitted. He acknowledged that they do not conform, but asked that, since they had been there for 40 years and will not be there much longer, they be granted noncon- forming use status. He said the building was not expected to last longer than a couple of years. Mr. Arkin said that they have one tenant, Capital Auto Leasing, which has refused to conform, as well as to pay the rent; and the process of eviction has been undertaken. Except for that tenant, the businesses at this address have met the Fire and Building Codes, as far as he is aware. Mr. Fish asked if the tenants do not have leases which would interfere with destroying this building to redevelop. Mr. Arkin said that Mr. Burt told him I • ( • • .. -3- that there is a clause in all the leases which states that if the owner wishes to destroy the building, he can give 120 days notice to the tenants, who must then vacate the premises. There were no further questions. Dorothy Andrews Romans, 3600 South Broadway, the Assistant Director of Community Development, was sworn in for testimony. She stated that, in reviewing the background of the building, it was found that it has been used for auto-related uses. It was not thought possible to register the build ing administratively, and the matter was brought to the Board. She noted that Cove rt Aut o had been a nonconforming use on Logan and Jefferson Avenue for many years before relocating to the Burt Building. She said that the nonconforming use was not carried over when they moved, as it should have been. The staff recommended that the nonconforming use be approved so that the entire building can be brought up to Code. She said concerning that four conditions that, while they should be considered, the staff's primary interest is the ·registration of the building. The r e were no questions. The Chairman asked if there were any further speakers. Mr. Richard Jaramio, 3255 South Lincoln, was sworn in for testimony. He stated that the parking lot is part of his lease. He had discussed with Mrs. Romans what could be done to the lot to make it more appealing. He said that the items on the lot may look like junk, but they are valuable to him; and the worst things related to his business are stored on the parking deck on the west side, which is raised and connected with his garage. Mr. Hallagin suggested that all the objectionable storage be on the deck. Mr. Jaramio said they are already doing their best to do so. He said they mostly park movable cars on the east lot. Mr. Fish asked how long he had been using the east lot. Mr. Jaramio said twelve years. Mr. Brown noted that Mr. Arkin had stated that the tenants will be required to clean up the east lot. Mr. Jaramio stated that the use of the lot is part of his lease, but they would agree to screen to satisfy the City. Mr. Brown stated that if the use is granted, it is likely to be based on the assurance that the parking lot will be improved. llr. Jaramio said he would cooperate as best he can . Ms. Lighthall asked about the 120-day notice for breaking the lease. Mr. Jaramio said he was not aware of such a clause, and had been assured by Mr. Allen Burt that the redevelopment would not come as soon as suggested by Mr . Arkin. There were no further questions, and no further speake r s . The staff had nothing further to add. The Chairman c losed the Public Hearing fo r Case #2 7-85, incorporating the Staff Report into the reco rd. BOARD ~ffiER SEYMOUR MOVED THAT A NONCONFORMING USE BE GRANTED PE~MITTING 73-75-77 EAST FLOYD AVENUE AND 3253-3255 SOUTH LINCOLN STREET TO CONTINUE USE OF THE PROPERTY FOR AUTO-RELATED BUSINESSES. THIS IS AN INTERPRETATION OF THE COMPREHENSIVE ZONING ORDINANCE, SECTION 16.4-10 b, PERMITT ED PRINCIPAL USES IN THE B-1 BUSINESS DISTRICT. THE FOLLOWING CONDITIONS ARE ATTACHED TO THE REGISTRATION. 1. THE BUILDING SHALL BE BROUGHT INTO COMPLIANCE WITH ALL APPLICABLE UNIFORM BUILDING CODE AND FIRE CODE REQUIREMENTS FOR THE ACTUAL OCCUPANCY. 2. NO CARS AWAITING SERVICE OR BEING SERVICED SHALL BE STORED ON THE STREETS OR OUTSIDE THE BUILDING, EXCEPT FOR THE USE OF THE PARKING DECK BELONGING TO COVERT AUTO BODY. • I • • • ( • • • • -4- 3. THERE SHALL BE NO STORAGE OF NON-OPERABLE OR DAMAGED OR WRECKED VEHICLES ON THE PARKING LOT EAST OF SOUTH LINCOLN STREET ON THE BURT PROPERTY. 4. WHENEVER THERE IS A CHANGE IN LESSEES FOR ANY OF THE BUSINESSES IN THE BUILDING, THE NEW LESSEE FOR THAT PORTION MUST BE A CONFORMING USE FOR THE B-1 BUSINESS DISTRICT. Board Member Gage seconded the motion. After some discussion, the members locked in their votes. When the votes were displayed, five members had voted in favor of granting the late registra- tion, and one member, Ms. Lighthall, had voted against it. The Chairman ruled that the motion was granted. * * * * * The Chairman opened the public hearing for Case No. 29-85. He stated that the Board is authorized to grant or deny a variance by Part III, Section 60 of the Englewood City Charter. He stated he had proof of publication and posting, and asked that the staff identify the request. Mrs. Rothweiler stated the applicant, Larry W. Anderson for Anderson Electric, Inc., was requesting a variance for the late registration of a nonconforming use to continue operating an electric company office and warehouse in the R-2, Medium-Density Residence District. This is a variance from the Comprehensive Zoning Ordinance, Section 16.4-5 b, Permitted Principal Uses in the R-2, Medium- Density Residence, and a request to be alowed to register a nonconforming use in accordance with Section 16.6-6. The Chairman asked that the applicant come forward. Larry Anderson, 16155 Lomand Circle, Brighton, was sworn in for testimony. He said they were applying for a late registration for a business which has been on the property since 1958. The property is owned by Mr. Anderson's parents. The business began as a father and son business and has grown to about ten employees now. No retail sales are conducted, and it has never been necessary to obtain a sales tax license. The Planning Division checked into the business when the City asked that a sales tax license be obtained, and the Planning Division said the business is not a permitted use in the R-2 Zone District. Ms. Lighthall asked about the residential development which is nearby. Mr. Anderson said the duplexes were built in 1955-1957, the development across the street in 1963, and the four-plex in about 1972. Mr. Fish asked what business is conducted on the premieses. fr. Anders on said it is an electrical contractor service. The entire bus iness and warehouse are on the two properties, 3556 South Downing and 3560 Sou th Downing, and about 30 feet is rented from Mr. Simms at 3550 South Downing, for parking. Mr. Gage asked if the building is used strictly as an office. Mr. Anderson said it is, and is never used for a residential use . Mr. Fish asked what kind of vehicles are parked on the property. Mr. Anderson said ther~ are trucks with camper shells. All are recent models except for one vehicle, an old mail truck, which will be removed. Mr. Fish asked about the large vehicle, parked to the north. Mr. Anderson said that the truck belongs to Mr. King, who is a neighbor, and is not associated with the business . • I • • ( ( • • • • -5- Ms. Lighthall asked how many vehicles belong to the business. Mr. Anderson said they have nine vehicles. Mr. Fish asked if Mr. Anderson would agree to the conditions recommended by the staff. These conditions are as follows: 1. That off-street parking of vehicles and open storage of wood and other company equipment be screened from the alley, South Downing Street, and the residential property on both sides by fencing, landscaping or a combination. 2. That the Usable Open Space and Minimum Landscaping Requirements of the R-2, Medium-Density Residence District be met. 3. That a detailed plan for the screening, open space, and landscaping be submitted to and approved by the Department of Community Development and implemented within 70 days of the date of the hearing, with the exception of any required planting which may be completed by June 15, 1986. 4. There can be no business activity, storage of equipment, or parking of vehicles from Anderson Electric, Inc. on the property either north or south of the property lines of 3556 South Downing. 5. The Zoning Enforcement Officer of the Department of Community Development shall conduct an annual inspection of the premises and submit a written report to the Board of Adjustment and Appeals about compl iance with these conditions. Mr. Anderson said that he would have a problem with #4. He said that the property to the south is owned by his father and has always been associated with the business. He said the property to the north has been rented in order to keep the company vehicles off the street. He said it might also be difficult to meet the landscaping requirement because much of the lot is in concrete. There is, however, a space 30 feet by 17 feet which is in grass now. Mr. Fish asked why there had been no attempt in the past to register this use. Mr. Anderson said the business just grew, and no one complained . He said that the City Building Department has been aware of their existence. They are licensed and have obtained building permits. There were no further speakers in favor of or in opposition to the variance. The Chairman incorporated the Staff Report into the reco r d and asked if the staff had anything further to add. Mrs. Romans said there were no additional comments. Mr. Hallagin asked if the staff would object to Anderson Electric's renting o ff-street parking space. Mrs. Romans said "no", and agreed that the off-street parking vs. on-street parking was a valid point. Ms. Lighthall noted that this business could not be classified as a Home Occupation and has never been a permitted use in the district. It has always been a violation. She asked how it can be registered even though it has gone on a long time, and asked why the City had not stopped it. Mrs. Romans noted that illegal businesses are now being found because of th e addition of the Zoning Enforcement Officer to the staff. Ms. Lighthall suggested that the mud on the property be controlled either with landscaping or concrete. Mrs. Romans said the Ord i na nc e would require • I • • • ( • • • • -6- dust-free parking surfaces, and that the Board can add conditions. She said the expansion of the business is a problem, and if the business is going t o continue in a residential zone, it seems fair to require conditions to make the business compatible with the neighborhood. The requirement that the Landscape Ordinance be met would require 40% of the property to be devoted to landscaping. BAORD MEMBER BROWN MOVED IN CASE NUMBER 29-85, 3556 SOUTH DOWNING STREET, THAT A VARIANCE BE GRANTED FOR THE LATE REGISTRATION OF A NONCONFORMING USE TO CONTINUE OPERATING AN ELECTRIC COMPANY OFFICE AND WAREHOUSE IN THE R-2, MEDIUM- DENSITY RESIDENCE DISTRICT. THIS I S A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 16.4-5 b, PERMITTED PRINCIPAL USES IN THE R-2, MEDIUM- DENSITY RESIDENCE DISTRICT AND A REQUEST TO BE ALLOWED TO REGISTER A NONCONFORMING USE IN ACCORDANCE WITH SECTION 16.6-6. THE FOLLOWING CONDITIONS WOULD BE REQUIRED: 1. THAT OFF-STREET PARKING OF VEHICLES AND OPEN STORAGE OF WOOD AND OTHER COMPANY EQUIPMENT BE SCREENED FROM THE ALLEY, SOUTH DOWNING STREET, AND THE RESIDENTIAL PROPERTY ON BOTH SIDES BY FENCING , LANDSCAPING OR A COMBINATION. 2. THAT THE USABLE OPEN SPACE AND MINIMUM LANDSCAPING REQUIREMENTS OF THE R-2, MEDIUM-DENSITY RESIDENCE DISTRICT BE MET. 3. THAT A DETAILED PLAN FOR THE SCREENING, OPEN SPACE, AND LANDSCAPING BE SUBMITTED TO AND APPROVED BY THE DEPARTMENT OF CO~ITY DEVELOPMENT AND IMPLEMENTED WITHIN 60 DAYS OF THE DATE OF THE HEARING, WITH THE EXCEPTION OF ANY REQUIRED PLANTING WHICH MAY BE COMPLETED BY J UNE 15, 1986. 4. THE ZONING ENFORCEMENT OFFICER OF THE DEPARTMENT OF CO~ITY DEVELOPMENT SHALL CONDUCT AN ANNUAL INSPECTION OF THE PREMISES AND SUBMIT A WRITTEN REPORT TO THE BOARD OF ADJUSTMENT AND APPEALS RELATIVE TO COMPLIANCE WITH THESE CONDITIONS. Board Member Hallagin seconded the motion. Ms. Lighthall stated that the business has grown to a point that it should move to a business location. The business was never a legal use. Mr. Seymour agreed. Mr. Fish said that the neighborhood has businesses nearby. Mr. Brown said that granting the registration would permit some control of the business. Mr. Seymour said that none of the conditions necessary for granting a variance was met . Attorney Reid stated that the Board is not, strictly speaking, granting or denying a variance; the request is for a late registration. She asked that the members give findings in any case where a decision is made. The members locked in their votes and ga ve their findings as follows: Mr. Seymour said he voted "no" because the business does not belong in the residential zone district because of its size and the number of vehicles present. ~!r. Hallagin voted "yes" because the business has been there for 25 years, and the owners agreed to the conditions set forth by the City. Mr. Brown voted "yes" because there was a hardship and no opposition. Mr. Gage voted "yes" because there was a hardship, no opposition, and the business has been there for over 20 years without complaints • • I • • ( • • • • -7- Ms. Lighthall voted "no" because they do not qualify for a home occupation. Smaller and less obnoxious businesses have been denied. She realized that the business started small but has now grown to a large business. She said, in her opinion, it would not be possible to meet the Landscaping requirements. Mr. Fish voted "yes", saying that the overriding issue for him was the continuance of the business for 25 years. He said that this action is inconsistent when the City was aware of the character of the area and the use. There were four votes in favor of the registration, and two votes, Mr. Seymou r's and Ms. Lighthall's, against. Because five votes in favor are required to grant a motion, the Chairman ruled that the request was denie d. The Board left it to the staff to decide how long t he applicant had to remove his business from the premises. * * * * * The Chairman opened the public hearing for Case No. 30-85 . He stated that the Board is authorized to grant or deny a variance by Part III, Section 60 of the Englewood City Charter. He said that he had proof of publication and posting of the property and asked that the staff identify the request. Mrs. Rothweiler stated the applicant, Prideaux Enterprises, Inc., was requesting a variance to permit a total of 333 square feet of landscaped area instead of the 2800 square feet which would be required by the Landscape Ordinance at this address (3281 South Santa Fe Drive), which is in the I-1, Industrial District. This is a variance from Section 16.4-18 c (2) (e) of the Compre hensive Zoning Ordinance. The Chairman asked that the applicant come forward for testimony. Thomas Prideaux, 7496 South Ivy Way, Englewood, 80112, was sworn in for testimony . He said that his business, Carefree Spas and Pools, has been on East Belleview Avenue since 1976. The business has grown, and in 1978 they opened a warehouse in Sheridan. They decided to combine their operations to the property on 3281 South Santa Fe Drive. They want to put up a sign, and the sign permit has been denied until the landscaping problem has been solved. He proposed a ground sign surrounded by a planter box 12 feet by 12 feet. He objected to the state- ment in the Staff Report that this property would not be different from the situation on South Broadway. He said a horticulturist who questioned the length of life of plants along a busy street did not believe that plants would survive as well on Santa Fe Drive as along Broadway. South Santa Fe has a higher speed limit, and a large amount of truck traffic, which increase road spray and snow accumulation. He expressed a concern that large amo unts of landscaping will increase the drainage problem. He said that 2800 square feet will restrict the use of his property for parking. The Board considered the po ssible widening of South Santa Fe, and places where landscaping could conveniently be installed. Mr. Hallagin asserted that there is a g reat deal of parking possib le on the property. Mr. Seymour said the lot is 28,000 square feet. The building takes 5,400 square feet, leaving 19,800 square feet for parking after the 2,800 square feet are taken out for landscaping. There were no further questions. The Chairman asked if there were any other speakers in favor of the variance. Mr. Robert Roy, 6075 South Bannock Street, was sworn in for testimony. He is the owner of the property. He stated that he had built a warehouse in the area to the west and complied with the Landscape Ordinance. He said that South Santa Fe Drive is a different case. He has replaced asphalt and curbing on • I • • ( • • • • -8- this property frequently because truck drivers go stop at the neighboring restaurant. He said that front would be useless because trucks would drive it, and chemicals from the street would kill it. have been knocked down. over the property to to plant anything in the over it, snow would cover He said even power poles The Chairman asked if there were any other speakers. Mr. Roger Strain, 2316 East 12th Avenue In Denver, was sworn in for testimony. He said that he is the contractor for the sign. He described the signs which would be legal at this location and noted that the sign permit has been held up by the landscaping requirement. He said there would be no benefit to the eornmunity if parking is decreased on this property because Santa Fe is a fast street which is being destroyed by trucks. There were no further questions. There were no further speakers in favor of or in opposition to the variance. The Chairman incorporated the Staff Report into the record and asked if the staff had any further comments. Mrs. Romans stated that the landscaping doesn't have to be at property line. It could be closer to the building. She said there are several alternatives to landscaping in close proximity to the street. She suggested a compromise might be possible. Mr. Roy added that there are 50 parking places in front and along the sides. He said to lose everything from the building back would be detrimental to the pro perty. The Traffic Departm~nt wants to avoid parking along the street. Mr. Gage asked if there is separation between the spa business and the restaurant. Mr .·Roy said that there are two curbs, but trucks still drive over them. There was no further testimony presented. The public hearing was closed. The Board discussed the matter briefly and recessed for ten minutes. They reconvened at 9:55p.m., with the same persons present. The Chairman asked if Mr. Prideaux would accept a compromise to require 1400 square feet of landscaping, all of which must be in front of the back building line. Mr. Prideaux expressed his willingness to compromise, saying he wants to proceed with his business. It was agreed that he would work with the Staff to negotiate the kind and location of the landscaping. BOARD MEMBER SEYMOUR MOVED THAT A VARIANCE BE GRANTED FOR PROPE RTY LOCATED AT 3281 SOUTH SANTA FE DR IVE, TO PERMIT A TOTAL OF 1400 SQUARE FEET OF LANDSCAPED AREA, ALL TO BE INSTALLED IN FRONT OF TilE BACK LINE OF THE BUILDING, INSTEAD OF THE 2800 SQUARE FEET WH!CH WOULD BE REQUIRED BY THE LANDSCAPE ORDINANCE AT THIS ADDRESS, WHICH IS IN THE I-1, INDUSTRIAL DISTRICT. THIS IS A VARIANCE FROM SECTION 16.4-18 c (2) (e) OF THE COMPREHENSIVE ZONING ORDINANCE. Board Member Hallagin seconded the motion. The members locked in their votes and gave their findings as follows: Mr. Seymour voted "yes" because of the hardship of the heavy traffic and the trucks crossing the lot. Mr. Hallagin voted "yes" because snow plows can ruin th e landscaping, and the applicant a greed to cooperate concerning the landscaping . I • • r ( ( • • • - -9- Mr. Brown voted "yes" b ecause there was a hardship, and there was no opposition. The business will be an improvement to the area. Mr. Gage voted "yes", saying there was a hardship, and concurring with the other members. Ms. Lighthall voted "yes" because there is a hardship and the appearance of the neighborhood will be further improved . Mr. Prideaux is the first business owner to come in under the new Ordinance, and may need some aid. Mr. Fish said there is a hardship, the applicant met all the conditions, and he voted "yes". When the votes were displayed, all six members had voted in favo r of the variance. The Chairman stated the variance was granted, and instructed the applicant to apply for all necessary permits. * * * * * The Chairman opened the public hearing on Case #31-85. He stated that the Board is authorized to grant or deny a variance by Part III, Section 60 of the Engle- wood City Charter . He stated that he had proof of publication and posting of the property, and asked that the staff identify the request. Mrs. Rothweiler stated the applicant was requesting permission to divide the subject property at 47 09 South Galapago Street, which is 13,837.50 square feet in area, into two properties, one of 6,250 square feet and one of 7,587.50 square feet, in the R-1-A, Single-Family Residence Distric t. The minimum lot size in the R-1-A District is 9,000 square feet. This is a variance from the Comprehensive Zoning Ordinance, Section 16.4-2 c (1), Minimum Lot Size. The Chairman asked that the applicant come forward for testimony. Johna Stacy, 3900 South Sherman Street, was sworn in for testimony. She stated that the property at 4709 South Galapago Street is large for the area . She stated there is a shortage of lots in Englewood. She said that much of the lot is vacant, and the lot is easily divided. On the west side of the street eight houses are on 50 foot lots. There are 23 additional houses on 50 foot lots nearby. Allowing the division of this lot would not damage or change the area, but would enhance the value of the property. She stated that she is a real estate agent representing the family that owns the property. They expect to sell the property. She said the existing house has only one bedroom and is not very valuable. She submitted six pictures of the lot. After some discussion, the Chairman asked if there were any other speakers either for or against the request. There were none. The Chairman asked that the Staff Report be made a part of the record, and asked if the staff had any further comments to make. Mrs. Romans stated that the staff is of the opinion that the R-1-A zoning is not proper in the area between Elati and Huron in the 4700 block and the staff has recommended to the Planning Commission that this area be rezoned R-1-C if this were accomplished. This request would create lots conforming to that designation. BOARD MEMBER LIGHTHALL MOVED THAT THE APPLICANT BE GRANTED A VARIANCE TO PERMIT THE DIVISION OF THE PROPERTY AT 4709 SOUTH GALAPAGO STREET, WHICH IS • I • ( ( • • • - -10- 13,837.50 SQUARE FEET lN AREA, INTO TWO PROPERTIES, ONE OF 6,240 SQUARE FEET, AND ONE OF 7,587.50 SQUARE FEET IN THE R-1-A, SINGLE-FAMILY RESIDENCE DISTRICT. THE MINIMUM LOT SIZE IN THE R-1-A, SINGLE-FAMILY RESIDENCE DISTRICT IS 9,000 SQUARE FEET. THIS IS A VARIANCE FROM THE COMPRHEENSIVE ZONING ORDINANCE, SECTION 16.4-2 c (1), MINIMUM LOT SIZE. Board Member Gage seconded the motion. The members locked in their votes, and gave their findings as follows: Mr. Seymour voted "yes", saying there were no objections, and the lots would be in keeping with the neighborhood. Mr. Hallagin stated that the area would be improved; and the applicant met the five conditions necessary to grant a variance. He added that Englewood needs new houses. Mr. Brown voted "yes" because this will benefit the area, and he concurred with the other members. Mr. Gage said he voted "yes" because the applicant met the five conditions. Ms. Lighthall voted "yes" because the division would create lots in keeping with the neighborhood, and the applicant met the five conditions. Mr. Fish concurred, saying that the division wi ll n o t be a detriment to the Ordinance or to the neighborhood. There were six votes in favor of grantin the v arianc . Th Ch a irman ruled that the variance was granted. • •• * • The Chairman opened the public hearing on Case #32 -5 . H s aid the Board is authorized to grant or deny a variance by Part Ill , S ction 60 of the Englewood City Charter. He said that he had proof of po st i n a n d pub lic ation, and asked that the staff identify the request. Mrs. Romans stated the applicant is requesting a varianc e t o permit the retention of a fence which has been installed at 2194 'West Harvard Aveuue, which is higher than 42 inches, the maximum fence height allowed in front of the building line in the R-2-C, Medium-Density Residence District. This is a variance from the Comprehensive Zoning Ordinanc e, Sec tion 16.4-17 c (1), Fences and Retaining 'Walls. The Chairman asked that the applicant c ome forward for testimony . Robert Gan c e, 1865 South Bryant, was sworn in for testimony. He submitted pictures of the house and fen c e and a letter of approval from a neighbor. He said he replaced an old 4 2-inch fen c e in back which was chainlink with the current wood fence. It is six feet high in the back. He filled out an application for a permit and drew in what h e intended to do on the bac k of the paper. He sent his son-in- law to obtain the permit, and apparently the City did n o t see the plans on the bac k of the permit. He s a id he put in the fence the way he thought was permitted. He said he needs the fen c e for protec tion of the property from the neighborhood children. He said the fen c e upgrades the community. He said he had not asked for a fina l insp ec tion o f the fence because the fen c e was not finished . • I • • ( • • • • -11- Mr. Gance stated that when peo ple visit the horne, they like the fen ce. He said that, although the Staff Report states that t he stockade look o f the property is not compatible with the neighborhoo d, the Fence Ordinance permi ts any kind of fence in the front yard. Shrubs s omet i mes overpower the sid ewalks a nd are higher than 52 inc hes. He sugg ested that the City give e a c h a pp l i cant for a permit a copy of the Ordinance whic h a p pl ies. Mr. Hallagin noted that someone had written 4 2 inches on t he pe rmit ap plication as the maximum height permitted for fences in the f ront yard. Ms. Lighthall said that if shrubs encroach on the sidewalk, Mr. Gance should notify Code Enforcement, as she has done in the past. Mr. Brown said the issue is the height of the fen c e in f ront o f the front buil d ing line. Six feet in back and along the sides is permitted. Mr. Gance said that the fence would have to be taken down to c ut the slats at the bottom if he i s required to meet the 42 inch limit. The Charirnan asked if there were any further speakers. Torn Bissonnette, 2194 West Harvard Av e nue wa s sworn in f or testimony. He pick ed up the permit f or the fence. On the bac k of the a ppl icatio n there wa s a drawi ng wh i ch showed the g radually reduced fence f rom s i x f eet t o the lower fe n c e in f ront. He said that that was app roved by the ma n who issued the perm i t. He said that neighbo rs to the west have a 5 2-in c h f ence . There were no questio ns, a nd no fu r ther spe akers . Th e Cha i rman i nco rpo r a t e d t h e Sta f f Report i nto the Record a nd the sta ff had no fur ther comments . Mrs . Re id s aid tha t Sec tio n 16.2-4 of t he Comprehen sive Zoning Ordi n ~nce s tates t hat if t here i s a mistake made by a s t aff pers o n , it does not ma k e t he Ordinance null and void. The Ordinance provisions a r e not waived by a mis t ake. The Chairman closed the pub lic hea r i ng . BOARD MEMBER HALI.AGIN MOVED THAT THE APPLICANT BE GRANTED A VARIANCE TO PERMIT THE RETENTION OF A FENCE WHICH HAS BEEN INSTALLED AT 2194 WEST HARVARD AVENUE, WHICH IS HIGHER THAN 42 INCHES , THE }UlK IMUM FENCE HEIGHT ALLOWE D I N FRONT OF THE BUILDING LINE IN THE R-2-C, MEDiill!-DENSITY RESIDENCE DISTRICT . THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 16.4-17 c (1), FENCES AND RETAINING WALLS. Board Member Seymour seconded the mo tion. Af ter s o me dis c ussion, the Board me mbers l ocked in t heir vo tes and gave their findin gs as follows: Mr. Seymo ur stated that the hardship was sel f-imposed. He said the stockade look is not compatible with t he neighborhood. Mr. Ha l lagin said t h e fe nce doesn't meet the City Co d es. Mr. Brown voted "no", saying even though the r e may have been a mistake, it can be corr ected. Mr . Gage voted "no", concur r i ng with t he other memb ers . Ms. Lighthall voted "no", concurring with the other members . • I • - ( ( • • • • -12- Mr. Fish said he could see no reason for granting the variance. When the votes were displayed, all six members had voted against granting the variance, and the Chairman ruled that the variance was denied. * * * * * Director's Choice. Mrs. Romans asked the Board for suggestions for the Annual Meeting. Hr. Seymour suggested that, because of the City's budget problems, the Board should consider not having a dinner meeting this year unless they hold the meeting as a potluck. He invited the Board to his house. It was also suggested that if the other boards and commissions had a Christmas party that the Board might as well do so also. The staff was asked to check to see what other boards and commissions are doing and to report to the members in order that they might make a decision. There was no Board's Choice. The meeting adjourned at 11:10 p.m. Sheryl Rousses, Recording Secretary • I • • ( ( • • • • mNUTES Englewood Public Li brary Advisory Bo a rd December 10, 1985 The regul ar meeting of the Library Advisory Bo a rd was called to order at 7:35 p.m. by Ch airma n Valdes. PRESENT: REGRETS : ALSO PRESENT: Jerry Valdes, Bruce Hogue, John Peterson, Gerald Sampson, Ka y Van Va lkenburg Lois Sterling, Debbie Dix, Al Qu a intance, Dorothy Wheel ehan Ba rbara Hogue Sharon Winkle, Director of Libraries Donna Gottberg, Recording Secretary Roll call was taken a nd a quorum decl ared present. There were no scheduled or unscheduled visitors. ? ~lr. Valdes turned the meeting over to Ms. Winkle for the Director's Report. Ms. lhnkle gave a n upd a te on the Automated Library Ma na gement System, noting that the a dditiona l equipment requested has been installed a t the City's central c omputer site. The in s t a ll a tion is a little behind schedule, but s hould be com- plete by January 1986. The Circulation Control Sy s tem is scheduled for implementation by 2nd quarter 1986. New libra ry cards will be issued for use with the a uto-mated system. The Bookmobile services will be au tom ated via a n on-line r a dio tra nsmission connection. Equipment will be ordered following FCC a pproval of the City's frequency use permit. Ms. Winkle brought to the Board's attention a n a rticle in the December Citizen regarding the Library 's Bookmobile program and its 25 years of service to the City. The an nu a l Tree Trimming party for children will be held Thursday, December 12 a t 7:00p.m. The Bo a rd was invited to a ttend and help with the party. Ms . Winkle noted there was a need to re-evaluate the Library signage since the reorga nization of the public service area. She asked for the Board's help with this evaluation . ~lr. Sampson and Ms. VanValkenburg volunteered to help with this project. ~lr. Long will contact them for a walkthrough. Reproductions of the 1888 Bates map of Englewood were distributed to Board member s. These reproductions are being sold to the public for $2 each. There wa s no Chairman's Report. Members' Choice Mr. Hogue asked if a nyone knew if ~I s. Dix a nd ~Is. Sterling planned to reapply for their membership on the Board in 1986. continued .... I • • • • - CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION MINUTES De c ember 3, 1985 I. CALL TO ORDER. 1 9E The regular meeting of the City Planning and Zoning Commission was called to order by Chairman Stoel at 7:00 p.m. Members Present: Barbre, Beier, Carson, Gourdin, Mesa, Allen, Stoel. Members absent: Magnuson. Also present: Dorothy A. Romans, Assistant Director of Community Development. Susan T. King, Senior Planner . Mary Alice Rothweiler, Planner I. Chairman Stoel declared a quorum of the Commission in attendance. II. APPROVAL OF THE MINUTES. Carson moved: Gourdin seconded: The Minutes of November 19, 1985, be approved as written. AYES: NAYS: ABSENT: Barbre, Beier, Carson, Gourdin, Mesa, Allen, Stoel. None. Magnuson. The Chairman declared the Minutes of November 19, 1985, approved as written. III. CONTINUED CASE #33-85. Ms. King sta ted that the applicant, Donald Cameron, was not prepared for a presentation at this time. She said there is a possibility that he may not continue with plans for t he vehicle storage facility because of additional requirements made by the Fire Department. Carson moved: Beier seconded: That Case 633-85 be continued to the December 17, 1985 meeting of the Planning Commission at 7:00 p.m. in Council Chambers. AYES: NAYS: ABSENT: Barbre, Beier, Carson, Gourdin, Mesa, Allen, Stoel. None. Magnuson. The Chairman declared Case #33 -85 continued as stated. IV. FINDINGS OF FACT. 300 West Belleview, Planned Development. Barbre moved: CASE #34 -85. Carson seconded: The Findings of Fact in Case #34-85 be approved as written. AYES: NAYS: ABSENT: Barbre, Carson, Beier, Gourdin, Mesa, Allen, Stoel. None. Magnuson . I • • • • • -2- Mr. Hogue a sked if personnel vac a ncies had been filled in the Library. Ms. Winkle explained that interviews a re now in process with the plan of filling the 1 full- time and 2 part-time positions beginning January 1, 1986. ~tr. Hogue as ked if there was going to be a ~tayor' s Tree Lighting Party. Ms. Winkle explained that due to low turnout the ceremony was cancelled after the 1983 party. COMt-liiTEE REPORTS Mr. Peterson has formed a Board sub-committee on Intellectual Freedom, as an infor- mation gathering unit. Mr. Hogue and Ms. Dix will assist on this project . Mr. Peterson plans to have a presentation ready for the next Board meeting. Mr. Peterson asked for Board 's permission to include a Literacy presentation with the regular Board meeting in January. Mr. Long and ~fs. Winkle will assist with the presentation. Guests will include David Chandler, State Library Literacy Consultant, Judy Ellis, Director of Bemis Library, Tom Nicholas, Director of Aurora Library, and ~Is. Fa sold, Arapahoe Library District Director. ~fr. Peterson suggested the regular Board meeting begin at 6:30p.m., and the Literacy presentation begin at 7:30 p.m. The Bo a rd agreed. Mr. Peterson asked the Board to be thinking of ideas of presenting the Rememberance Fund to the public. He plans to submit suggestions at the January meeting . Ms. Winkle noted that the Library recently received a bequest from the estate of Frank Schurman in the amount of $500 which has been deposited in the Library's Donor's Fund. Ms. Winkle informed the Board that Mr . Chris Paulsen has been contacted, but he has not returned the call to set up a time for lunch/breakfast with interested Board members. There was brief discussion on the Statistical Report for November. 85-26 MOTION: That the Minutes from the November 12, 1985 Meeting be approved as presented. • ~loved by : Bruce Hogue Seconded by : Gerald Sampson Motion carried. Meeting adjourned a t 8.31 p.m. 12-13-85 dg • I • • • • • - CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION MINUTES December 3, 1985 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order by Chairman Stoel at 7:00 p.m. Members Present: Barbre, Beier, Carson, Gourdin, Mesa, Allen, Stoel. Members absent: Magnuson. Also present: Dorothy A. Romans, Assistant Director of Community Development. Susan T. King, Senior Planner. Mary Alice Rothweiler, Planner I. Chairman Stoel declared a quorum of the Commission in attendance. II . APPROVAL OF THE MINUTES. Carson moved: Gourdin seconded: The Minutes of November 19, 1985, be approved as written. AYES: NAYS: ABSENT: Barbre, Beier, Carson, Gourdin, Mesa, Allen, Stoel. None. Magnuson. The Chairman declared the Minutes of November 19, 1985, approved as written. III. CONTINUED CASE #33-85 . Ms. King stated that the applicant, Donald Cameron, was not prepared for a presentation at this time. She said t here is a possibility that he may not continue with plans for the vehicle storage facility because of additional requirements made by the Fire Department. Carson moved: Beier seconded: That Case #33-85 be continued to the December 17, 1985 meeting of the Planning Commission at 7:00 p.m. in Council Chambers. AYES: NAYS: ABSENT: Barbre, Beier, Carson, Gourdin, Mesa, Allen, Stoel. None. Magnuson. The Chairman declared Case #33-85 continued as stated. IV. FINDINGS OF FACT. 300 West Belleview, Planned Development. Barbre moved: CASE #34-85. Carson seconded: The Findings of Fact in Case #34-85 be apprcved as written. AYES: NAYS: ABSENT: Barbre, Carson, Beier, Gourdin, Mesa, Allen, Stoel. None. Magnuson. • I • • • • • • -2- The Chairman declared the Findings of Fact in Case 034 -85 approved as written. V. DESIGN REVIEW. Mrs. Rothweiler presented a review of other communities' design review systems. She stated that none of the cities contacted had tried citizen committees; instead they utilize a staff technical review process. The review is not for standards of design, but for engineering and structural requirements and the staff may offer suggestions for design. This is handled inter-departmentally. Denver meets every Friday morning with the various attend and make preliminary presentations. Public who attend such meetings to represent the Company. whi c h is limited to development in Villa Italia. departments. Developers Service has staff members Lakewood has a group Mrs. Romans described the process in Englewood, stating that the Planning Division or Building Division sends requests to the other departments for comments about a proposed development. Maps and other necessary information are enclosed. A deadline is given for comments to be returned. One of the problems is that a department may return the packet, stating there is no comment; and at a later date, they realize there should have been requirements made or changes in the plan; and they then impose that condition on the applicant. This usually causes extra expense, and may even terminate the project. Peter Vargas, Assistant City Manager and Act ing Director of Community Develop- ment, has requested representatives of all departments to meet regularly as a Technical Review Committee to review the Board and Commission cases. The Commission emphasized its opposition to reviews based on appearance, but urged the implementation of the Staff Technical Review Committee so that the Commission will have a better idea of what will be entailed in developments. The Commission stated that they would like to have detailed traf fic studies in all Planned Development requests and a better knowledge of what the Fire Department will require of any proposed developme nt. They emphasized that, because the population is inc reasing, and la r ge developments are being considered; the impact of these developments on the community should be made clear to them at the time of the first Planning Commission hearing . Mrs. Romans and Ms. King stated that they are requiring applicants to provide complete information before they go to the Planning Commission, in order to reduce the number of conditions which have been necessary to be attached in several cases. Mr. Allen stated that, while he disagrees with a Review Board, it would be helpful to developers to have all the City Departments finalize all plans and requirements before construc tion begins. Mr. Carson asked if the Traffic Engineer is studying the traffic problem in Englewo od. Mrs. Romans said a traffic study has been made of the downtown area and Highway 285. Mr. Carson recommended that a traffic study for the whole City be undertaken. The Commiss ion recommended the implementation of the Technical Review Committee and supported the staf f 's new policy that plans will not be scheduled for Board or Commission consideration until all of the information is provided . • I • • • • • -3- VI. PUBLIC FORUM. There was no public present. VII. DIRECTOR'S CHOICE. Mrs. Romans stated that City Council has appointed Steven C. Mulhern to replace Mr. McBrayer on the Planning Commission. She said that the ~~rks project was approved by City Council, and the Hetzel case will be referred to the City Council at the next meeting. VIII. COMMISSION'S CHOICE. Mr. Gourdin stated that the City should become more progressive environmentally, especially in areas of air pollution, noise and odors. He said the Planning Commission can aid in an awareness of these problems. Mr. Mesa asked about the new car lot at Oxford and Broadway. Ms. King stated that the owner, Greg Thompson, purchased the property in September before the B-2 section of the Ordinance was amended. He owns another lot, the Classic Car Company, at 4528 South Broadway. He already had a sales tax license, and he is not remodeling the building, so it was not necessary for him to obtain a building permit. He will provide 1250 square feet of landscaping and six trees, which meets the requirement of the Landscape Ordinance. Mr. Carson stated that car repairs are being made on the property and that was not permitted even under the old Ordinance. Ms. King said she would investigate. Mr. Gourdin asked about Elliot's Car Repair. ~Irs. Romans said that that had been permitted by the Commission as a "Use Not Mentioned". She said that the Zoning Officer is checking all of the old "Uses Not Mentioned" and "Conditional Use" cases to make sure that conditions attached were fulfilled. Mr. Stoel noted that a 7-11 in Aurora recently added a small amount of landscaping, and the appearance of the lot was greatly improved. Mr. Allen noted that the Council has promised to devote $10,000 to the Trash Study, and the study should begin after the first of the year. Mrs. Romans asked for clarification about the Design Review process, and asked if the Commission wanted more information. Mr. Stoel said the Commission would like to see the inter-departmental cooperation and an internal Technical Review Committee rather than consider a Design Review Ordinance at this time. Mrs. Romans asked that the Commission review the material given to them by Mrs. Rothweiler, and return it in order that it can be placed in the Planning Library. She said that Mr. Tidwell would like to have back the books submitted as exhibits at his hearing. The meeting adjourned at 8:10 p.m. S~es, Recording Secretary • I • • • , . • Moved Seconded A N yes ay Absent Abstain ~ t/ Hiqday Neal Vobe1da / Wei s t t/ Bi lo Bradshaw Otis I . • • • • • • {)dM ~ J ~ /}ta~ '1 1!5' c> ~ • I . • ., • • ,. • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT oUo... 12-12-85 Ordinance Amendment _..., IN I TJ ATED BY __ JP~ol ~i c£Jewb~el!.r:>•a!!:r!:.Jtt!!m!£e'-!!nl:.t ___ ~"""r.-::;::=~~C::;,r.~k~:._;~~~7~~~./~-/~"L'::~~~::;.-:-~~~ ACTION PROPOSED __ ~6~m~e~n~d~m~e~n~t~o~,f~T~i~t~l~e~S~,~C~h~a~p~t~e~r~6~L·~A~r~t~i~c~l~e~C~,_S~e~c~t~i~o~n~5~,-- • of the EMC l985, relqtinq to adult entertainment establ is hment s Introduc t iorr Th 1s ordinance affi~ndment Wi ll provide the city with the me ans t o re~ulate the conduct oi establishments th at de a l i n the sale of item s th at may be disol ayed In a mi'Onner· ~•hich allows for the e>:po sure: of specific an atomi cal areas of the body , or engag e in s p eci fic sex ual ac tivi ty under the pretense of selling or rent1ng the prod ucts i n question . The p r esent ord inance . a s writ ten, doe s not allow fo r th e ..-e qu lat .ion o i sttch estcbl1shments . Backgr o un d Information The p ol1ce d epar ment has the re spons1 bJI1ty to ident ify est ablishments that pr1marilv deal in the s ale or rental of good s and se..-vice rel ated specifically to ad u lt entertainment. The present c1t v ordi n ance . a s writ ten, was d esigned to regulate the activities of this type of establishment, but fa1led t o t a~e 1 nto cons 1derat1on th e pracl1ce of displaying & pa..-tlcular 1tem of cloth1nq, o..-dev1ce S~•PCl fl r.ally i o..-the purpos of SE·ll1ng tt, 1tem. and r,r. re <;~tda t,on presently e ::Ist. TtoE-nee-d ior suc.h regulat1on w,o.s th· r·e~,ult oi the uner ,,nq of .::1 pa..-t 1 r u l ar bus1ness, that cla1ms not tn Lean adult en e..-taJnffient e~t?.Lollsh nt f?nt , but n.e..-elv a bLtsln"'ss sell1nq spPClilc cloth1nq it '"'' no..-mally utilized by adults. The cloth1ng in quest1on 1• displayed f or· sa l e o n live mod e l s , who par-ade about b~hlrtd a qlass d1v 1der, cncl whose bodies are so e ::posed as to display spec 1fi c anatomical area s , and t h e display may contAin a spec1f1c sexual activity . Th1s particula..-amen dment will allow th e city to appropriately classify and deal w1th these establishment~ • • I • • • • • - Financial Details The enactment of this amendment will not li~ely result 1n any cost benefit to the city, nor any cost to the city. Legal Opinion The proposed amendment was drafted by the City Attorney 's staff, and has the support of the City Attorney and his professional staff. Pro :; and Con The enactment of this amendment would allow the city to more effectively regulate the activities of the so called "Adult Entertainment Industry" in Englewood. Conclusions and Recommendations Enactment of the proposed amendment 1s appropriate and recommended. SUGGESTED ACTION: MOVED BY ____________ _ SECOND ____________ ___ YES. _______ NO _____ ~ABSENT _________________ __ • I • • • ORDINIUCE N:>. SERIES a! 198~ • • • BY At7rt«>RITY A BILL~ AN C»>DINMCE MDI>ING TITLE 5, Ofo\Pl'ER 6, ARTICLE C, SB:TION 5, a! 'ftiE ENCL&IOOD KtiUCIE'IU. CXXE 1985, RELATING TO ADULT ENl'ERTAIN- KENl' ESTABLISit'IENl'S, BY ArDING A NDf StBSB:TION E tHlER PROHIBITm ACTS. WHEREAS, adult entertairment establisl"rnents are regulated within the City of tnglewood; ard WHERFAS, persons should not be peiiiiitted to expose specified anatallical areas or engage in specified sexual activities under the pretense of selling or renting p~:oducts, goods or services; NCM, ~. BE IT ORDUNED BY THE CITY CCXICIL a! THE CITY <F ENCLEWOOD, COU>RADO, AS FOU..OWS: Section 1. 1hat Title 5, Chapter 6, Article c, Section 5, of the Englewood l'llnicipal Code 1985 be aro hereby is amended by adding a new subsection E to read as follows: 5-6C-5: PRCiimlTED ACTS: E. SM.ES PRN::TICES PRCiimlTm. N) I.'ERSON, Pmetwn', I!MPWYEE OR AGENI' SHALL, IN THE ~E <F SEILING, RENI'lNG, OR <FFflUNG FOR SALE OR Rl!Nl'AL, A w.NGlBLE OR INTM«;mLE PR<XX£'1', SERVICE OR OOOOS, EXPOSE A SPI!X:IFIED AM'.TCMICAL ARFA OR CARRY ON A SPI!J:IFIED SElllJIU. ACTIVITY. Introduced, read in full, am passed on first reading on the 6th day of January, 1986. P.lblished as a Bill for an Ol:dinance on the 8th day of January, 1986. EUgene L. 0t1s, Mayor Attest: ex officio City Clerk-Treasurer • I • • - • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Dlglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introduced, read in full, and p5saed on first reading on the 6th day of January, 1986. Giiry R. H1gbee • ( l I • • • • • AGENDA ITEM a 1 /; M d ove Second~d 1 Ayes N•y Absent Abstain ,.. r;A1"lqday ./ -/ ~v~~ :.R..:_., -~ v ~-/ -Vobe1da v 1/ """" t./ I~ J L7 Bi lo v _.. Bradshaw v Otis 1./ I . • • • • • - I . • • • • • AGENDA ITEM PRESENTED BY ~-J--1£ /art#'\. t)b""' ~ ,/" ~~ v ROLL CALL Moved Seconded Ayes Na y Absent Abstain HTgda v Neal Vobe1da Wet st Bi l o Br ad s haw 1 Ot is I MariON: I . • • • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DATE 12-12-85 AGENDA ITEM SUBJE'CT Ordinance Section 2 6C, ACT I ON PROPOS ED· --"'=•:.!e""n=d:.:•:.!e""n~t---!o::..L.f_:T...:i:...t"-"1-"e~7:....a.•---!C::..:hc:;a~p'-'t'-le~r!--"6"'C~, ....:::S:.:~e::..:c==.t~i_.o::..:n.:....o:2_.,-.:E=:.~"". !::::C:,_1~9.::..;~~~'-''~ • reqardinq possession sf illeqal eeapons Introduction This ordinance amendment. will further define "illegal weap on" t o includp any device composed of leather or other material, and Jmpregnated with spikes . Th1 s tvpe of dev ice has no legit i mate pur pose, and 1 s primarily desig ned for th e p urp ose of fighting. This tvoe of dPv1ce is e ~tremely dAngerous and capable of inflict ing serious harm. ~ac l ground Information The pollee depArt m ntis f1nding contact with 1nd1 !du als possess1ng these s p1~ed type weapons to be more and more commonplace . These Papon Are often h omemdde, s1mple, and e ven crud Jn app aranc , y t ver y effect1ve 1n their desi~ned use. Our pres ent o rdinance d oes not adeouatelv d f 1ne th re "' copons , a.nc1 w £'- hope to do s a with this amendm nt . We d o f el cunfldent th a t t n1s C>mPnd mE'ro t , as wr 1 t te.>n, wi 1 J adequat£>1 y coddress t h pr ul 1 rm. lloe L'llr<Clmen t Oi ttllS o'\mE'ndment wi ll nell J i l ~r l y r r,u Jt l:-o£?ne flt t o tile c1ty, nor any cost t.o the c1ty . Leo<'l Up 1ni on i n an v co s t Th proposed amendment was draf ted bv the C1ty Attorney 's staff, and h a& the support of the City Att orn y and h1 s professional staff • • I • • - • f • • • - Pros and Cons The enactment of this am~ndm~nt would allow the police d•partment to r~move more of the5e dang~rous special weapons from the poss•ssion of individuals carrying them. This will hopefully result in the reduct i on and prevention of personal injury that results in confron tations in which these items are present, and would further allow fo r the prosecution of individuals who possess and utilized them. Conc lusions and Recomme>ndation s Ena~tffient of the p roposed amendment 1s appropr iate and r e commen ded. SUGGESTED ACTION: MOVED BY SECOND YES NO ABSENT • I • • • • • • BY AtJrHORITY ORDINAtCE 00. SDUES CF 198_6_ CCXICIL BILL t«>. 3 Itll'R()(){£ED BY C<XH:IL A BILL FOR MlMBDt:Ui:~ AN ORDINIUCE AMENJING TITLE 7, CHAPI'ER fC, SB:TION 2, ~ MI.IHCIPIU. CXXlE 1985, REGII.RDING POSSESSION CF I~L WD.POtt>. WHEREAS, it has becane necessary to add to the 1 ist of illegal weapons; tOll, 'niEIUFORE, BE IT ORDlUNED BY THE CITY COUtCIL CF THE CITY CF ~. a:>J:DRAOO, AS FOLLOWS: Section 1. 'lbat Title 7, 0\apter 6C, Section 2, &lbsection B, &'lglewoOd l'llnicipal Code 1985, is hereby ameroed to read as follows: B. As used in this Section, "illegal weapon" means a blackjack, banb, fireann silencer, zip g~, gas g~, machine gun, short shotg~, short rifle, metallic knuckles, gravity knife, switchblade knife, nunchukas, throwing stars, 00 ANY DEVICE CXMPOSED CF LEATHER OR C7I'HER MATERIAL IMPR~TED WITH SPIKES. "Machine g~.n" is defined as a fully autanatic weapon capable of firing more than one time autanatically with a single pull of the trigger. A "short shotg~.n" or "short rifle" is defined as a weapon having an overall barrel length of less than eighteen (18) inches. ANY "DEVICE CXJ1RlSED CF LEATHER OR C7nfER MATERIAL IMPR~TED WITH SPliCES" MEANS ANY LEATHER BAll> OR C7l'HER MATERIAL CAI%BLE CF BEING W(l{N AROI.Im ANY PART CF THE HlJoiAN BODY (Stx:H AS A WRIST BAll>, OYER THE ~. AROI.IID THE HEAD OR NFX:K, E'IC.) NiiCH HAS METALLIC SPIKES PROl'RUDING OtJr FRCM THE LEATHER OR C7l'HER MATERIAL. Introduced, read in full, and passed on first reading on the 6th day of January, 1986. Published as a Bill for an Ordinance on the 8th day of January, 1986. E>.Jgene L. 0t 1s, Hayor Attest: ex officio City Clerk-Treasurer • I • • - • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of fhglewood, Cblorado, hereby certify that the above and foregoing is a true and canplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of January, 1986. Gary R. Higbee • ( [ I • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE December 11, 1985 AGENDA ITEM .l.l r J INITIATED BY Director of Public Works Property Transfer at Bi-City SUBJECT Wastewater Treatment Plant { ACT I ON PROPOSED Approval of bill f o r ordinance to deed 10-foot strip of land at Bi-City WWTP to Lillard & Clark BACKGROUND During the initial phase of the Bi-City Plant construction, there were many properties purchased for the proposed construction. one such property was landlocked except for a ten-toot right-or- way to South Santa Fe Drive. These properitea are now amassed into one large parcel, with Littleton owning a one-half interest, and there is no need for this ten-toot strip. DISCUSSION Recently, we were contacted by Lillard and Clark Construction company, which owns the ground adjacent, wanting to acquire the ten-toot strip. Lillard and Clark is willing to pay $3,500 for the strip. The proposal was taken to the Bi-City Supervisory Committee (copy of minutes attached). Their recommendation was to sell the strip since it is of no use to the Bi-City plant. Littleton and Englewood will both need to prepare ordinances for quit-claim deeds. RECOMMENDATION we recommend that an ordinance be drawn authorizing the Mayor's signature on a quit-claia deed to Lillard and Clark tor the ten-foot strip, in consideration of the $3,500. • I • • • • - / ( . ITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT City of l i lllet o n Coty ol Eng lewood 2900 S. Plane River Drove Englewood. Colorado 80110 {303) 761 ·1140 Ext. 54 5 ATTENDING : I. OPEN I NG Bill OPENI NG Bill OPENING Bill NDOrD sun.nsaay om.rnzz iiBiiT1Mj October 16, 1985 Andy McCown Kells Waggoner Charlie Blosten Paul Williaason Bill OWen Dave Robbins Jia Abbott Ivan Cooper Stu Fonda 9:00 .. Englewood City Manager Englewood Publ i c Works Director Littleton Public Services Director Colorado Department of Health Director Hi 11 ' Robbins BDR -Vice Presi dent HDR -Proj ect Manager Eng l ewood Uti lities Di rect or AREAS OF CONCERN FOR DISCUSSION AND/OR ACT I ON A. Flows and Load i ngs • Septeaber averaged a fa i r l y aodest 2 2 agd. B . Fiscal Man a g eaent • Although ve were aoeevhat o v er budget at a id-ye ar, v e have addressed this situation and are currently on budget at $2.26 million. At this point, Bill OWen introduced tvo additional topics which had not previously been included in the scheduled agenda. They were: 1 ) the letter sent to EPA regarding grant closeout, and 2) current Bi -Ci ty WW TP morale. c. EPA Grant Closeout • Presented a brief suamary of the letter sent to EPA correcting the eligible expenditures under the teras of the Grant. The letter cited two changes: 1) the discrepancy in Sauter's reta i nage, and 2) the $390,000 requested by the City included both inspection and engineering • • • I • ( • Dave ACTION TAKEN OPENING Bill Dave Kells Group OPEN I NG Kells • • • statinq our concerns, why we have these concerns, and where - think they are off the track. 3) Arapahoe County Sludge Disposal Site • Indicated that he had initially overestimated the County's influence and subsequent ability to iapact the proposed disposal site. • Dave vill prepare the necessary correspondence 'Within the next week and establish a clear set of requlatory quidelines to be followed. F. Gray Enqineerinq • • • • • G. Presented an update on Gray's status, toqether vith a suqqested course of action. He reminded the CoiiiDiittee that this vas not a bonded project but •erely an equipment purchase. Purtheraore, he had received neither confirmation of bankruptsy nor formal notice to that effect. Stated that the only issue at stake vas vhether or not Refraction could file a valid claim aqainst the City in the absence of a bond. (He plans to research the subject further.) Pointed out that the Cities have soae obliqation to the supplier. D1scussion focused on Bill OVen's reco-endations: terminate the aqreeaent vith Gray, proceed vith alternate aeans for completion of the project, and appropriate distribution of amounts due and ovinq. At this point, discussion svi tched to whether or not Gray had supplied sufficient equipment to satisfy the teras of their contract. General concurrence vas that they had, althouqh this vill be investiqated further prior to the next aeetinq. The Supervisory Coaaittee qave Bill OVen authorization to terminate the contract on behalf of the Cities of Littleton and Enqlevood, in accordance vith the teras of the aqreeaent. Enqlevood vill pay Gray directly the 80\ of construction price less $12,548.12 in claims. No claims vill be paid. The contract vill be coapleted by other means. Dave Robbins vill research Colorado lav on retainaqe. Access Property • Revieved a dispute vi th reapmct to the ownership of a 10 ft. vide strip of land alonq the WWTP'a eaat boundary qivinq access to Santa Fe • • I • ( • . · ACTION TAKEN OPENING Bill ACTION TAKEN OPENING Bill Group ·, OPENING Bill S tu .\ndy • • • • ~ City received All offer of $3,500 (approxiaately $1 per equare foot) to vacate their cl&ia of ovnerahip. • The Supervisory eo.ai~tea _voted unaniaoualy to accept thia offer • B. Sludge Manageaent • Aalted the C01111ittee to review proposed steps for the acquisition of the Arapahoe County site and establish priorities for i-ediate action. * The C~ttee decided upon the following course of action: 1. llotify the owner, Lovell Piland, that the Cities are prepared to negotiate the purchase of the land and supply hi a vi th a copy of the Brading appraisal. (Bill OWen Will draft the letter.) 2. Option to Purchase (Dave Robbins Will draw up an option to purchase the property contingent upon acquisition of necessary peraita, approvals, etc.) 3. Instructed Bill OWen and Dave Robbins to begin negotiations with Lovell Piland for the purchase of the land in conjunction with concerted public relatione efforts. I. Muaicua va. the Cities of Littleton and Englewood • Presented an update on current odor litigation. • Diacuaaion of how to eliainate odors: the necessity for a full-blown proqraa vaa outlined by Bill OWen involving the headvorlta area, treataent of savage coaing down the ayatea, etc., lack of recent co.plainta, and the attorney's belief that the current litigation vaa being used aa a pretext to break hie lease. J. OEMC Manageaent Contract • Aalted Ca.aittee aeabera to review the proposed tasks suggested by OEMC for incorporation into a continuation of PMS services. • Requested that review of streaa study affairs be added to the list of taalts. • Asked Bi 11 Oven to schedule e •-ting vi th Kells and Charlie to negotiate the final contract for these services. 5 • I • • • • - I l ;, ,.· ' . •. \~ -~ -~·-· I • ( • ORDINAtCE 00. SERIES OF 198~ • • • BY Al1I'HORITY A BILL FOR COUNCIL BILL NO. 1 Itfl'ROOU::ED BY COUOCIL MFMBER --;t34 j7d> AN ORDINII.tCE APPROVING A QUIT CI.AIM DEED FRQ1 THE CITY OF ENG..e.iOOD TO LILlARD & CI.ARK CONSTROCTION C(lotPANY FOR A TEN-FOOT STRIP OF I.A~ AT THE BI~ITY WASTe.iATER 'IREA'IMEtfl' PLAtfl'. WHEREAS, many properties were purchased for construction of the Bi~ity Wastewater Treatment Plant; and WHEREAS, these properties are now amassed into one large parcel with the City of Littleton owning a one-half interest; and WHEREAS, part of this property consists of a ten-foot strip that is a right-of-way to S. Santa Fe Dr. and is not needed by the Bi~i ty Plant; and WHEREAS, Lillard & Clark Construction COmpany owns the property adjacent to this ten-foot strip and desires to purchase the strip for $3,500; and WHEREAS, the Bi~ity &Ipervisory camtittee has reccmnended sale of this ten-foot strip to Lillard & Clark Construction COmpany for the total s~n~ of $3, 500; 10-1, THEREFORE, BE IT ORO\INED BY THE CITY C<X.JN::IL OF THE CITY OF EN<LEWOOD, COLORADo: Section 1. '!hat the City of Englewood hereby quit claims its one-half mterest in the ten-foot strip of right-of-way to South Santa Fe Drive on the Bi-city Wastewater Treatment Plant property to Lillard & Clark Construction Cl:Jnpany for the total s~n~ of $3, 500. A copy of the quit claim deed is attached hereto and incorporated herein by reference. Section 2. The Mayor and ex officio City Clerk-Treasurer are hereby authonzed to sign and attest the quit claim deed for and on behalf of City Council and the City of Englewood. Introduced, read in full, and passed on first reading on the 6th day of January, 1986. • I • • ( • • • • Published as a Bill for an Ordinance on the 8th day of January, 1986. Attest: ex officio City Clerk-Treasurer Mayor I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of .Ehgl~od, Colorcdo, hereby certify that the above and foregoing is a true and complete copy of a Bill for an Ordinance, introduced, reed in full, and p:tssed on first reeding on the 6th day of January, 1986. Gary R. Hlgbee • ( t I • • ( • • • • -·-·---···---······-·-···-·-·-'"' -.. ~---··-···-·· ···--··----·····--··-··--···-·-···-··-... -·· ReeepdOD No._··-·--····-····-····--··· ···-·--··-···-······------·-·---...lleeorcler. Tim DUD, Made thU. dQ ot te , --C I1'Y OF ENGLEI;OOD, COLORADO, a Colorado Hunicipal Cor90ration, ot the Couatr of Arapahoe ... Stat. flf Colorado, of t11o flrat port, ODd LILLARD & CLARK CO!lSTRUCTION COHPAIIY 3775 S. Knox Ct., Denver, CO 80236 oorpora- o..,_ind .... u1ot1ac -.... by -of lllo lawa of lllo 81ala of Colorado , ot 11aa --port: wn'NBSIBTII. That the uid partY of the lint put. for and 1a eouidltratioe at the IU8I ot------- TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION ------~. 1o 11w ..w pon Y <11 t1aa tim port Ill baod pold br t1aa oold -<If lllo -pon, doe ,...lpc •boroof iJI honobr e...r-ODd ~. ha s romloocl, rolouod, IOid, .......... Olld QUIT CLAIIII1:D, Olld by t.bue p.....ae. doe s rear.I.e, ,....... ... u. tollft7 aad QUIT CLA.llll 111111to the ..w J1U'C7 o1. the MCODd ,.n., he ...._.. Mid MOipo fo,....r, all lllo ricbe, Iitle, ~~~-dalm Olld .._ wbldl doe Mid put Y of tbo lint port baS Ill ODd co U.. foU ow!Ac .S..ribod altaara, ,,._.ODd ....,. 1a 111o Coa.ot7 of Arapahoe Olld Slalo <11 Colorado, "'wtc: Tiny aoo all interest that Seller may have in the real ~operty located within the right-of-way 10 feet wide along the tt>rtherly side of the real ~operty describEd in B:lok 3324 at Page 347 of the records of the Clerk a00 Recorder of Arapahoe Cblrlty, which right-of-way was reserve:! in deed fran Cora ax:kley to Lillian H. a.Irkey recorda:! O::tober 9, 1935 in Book 368 at Page 215; aoo lotlich title to said right-of-way was vesta:! in the City of Englewood, O>lorado, by Rile, Order Jud<}nent a00 llecree recorda:! January 31, 1977 in Book 2546 at Page 68 of the records of the Clerk aoo Recorder of Arapahoe O>unty, being more particularly describe:! as follows: Cmmencing at the tt>rtheast corner of said Tract: thence s l8o w aoo along the Fast line of said Tract, a distance of 10.50 feet: thence N 89o46' w aoo along a line 10 feet South of aoo parallel with the tt>rth line of said Tract, a distance of 343.89 feet to a point on the West line of said Tract: thence N 26o E a distance of 11 .10 feet to the !t>rthwest corner of said Tract: thence S 89o46' E aoo along the tt>rth line of said Tract, a distance of 342.27 feet to the poi nt of be:] inning. TO BAQ AND TO BOLD tloo ...,., -wid~ all and o ..... lar t1oo --.... Jriri1opo -~or lo ..,_.. --.. ap,.,....., _.oil tbo-. ricbt. t1t1o. "'-aad dala -·of t1oo ..w,...y .,,..nm.....,•-•~a ..... -...... ..., __ ~--., ... aald_ ., .......... port,, .. -aad---· IN'tnTIIaa..,..._,'l'llaald-y ol ... ltntpanM S -. .. Mt its looM ud ... , &.he dar uwt , .. , fiNt a.ltoft W'l'inen. jCITY OF ENGLE!;OOD, COLORAOO ~~-..,. o.u.-"' .... "-::.~~~~r<UI~·~~·erpat COTpOn~~=: Attest: Euaene L. Otis, Hayer --------.. ·--·---·----·--...... _ .. _ ... ---(ILU.J -cary R. lh.goee, exOTfTCTo f"Y'CTei'T<'::'f'reasurer (&llALJ STATK OF COLOLUIO, J ... ~., Arapahoe 'J'1t,e f~ a...:na...t ... acbowl.q.d Wore Die thil M7 et 1e86 ..,, Eugene L. Otis, Mayor, and Gary R. Higbee as ex officio City'Clerk-Treasurer of the City of Englewoorl, Colorado llr-....,._ , It . 11'-1&7 looM u4 ollklal AMI. 3400 S. Elati Street Englewood, CO 80110 • -.w;,;:-- I • • • ,. @ AG ENDA ITEM ;;;? I C/ ~ C/ 11 Y( ~ ct'.£~ {/ 7/?c(~~ • • • /oC/cF '-/?Icc~~ P RES ENTED BY ~ L./ £ o uJ ~ ~f/e0c;f 3 5 -0CJ / -u~~ ~ f/Z-r ~q &'64 ~~~ ~__/ ~>'(_/ ~-~~~ /~~£/~{'~ v~~r~~ ~~~/ ROLL CALL Mo d S d ve econ ed Ayjs Nay Absent Abstain Hlgoay Neal I /.,./"' Vo be1d a I Weist I v Bile Bradshaw Otis I MOTION: • I . . • • • 4 :;{ I AGENDA IT d({ I v PRESENTED BY dL() u tk;(ttW Moved Seconded Ayes/ Nay Absent Absta l n qday l:'flettt-~v-an I Vobe1da /, .... _y Ri lo A"~,r ~ &..t (/ I Bradshaw I Otis • I . • MOTION: l ?a~ • • • • - AGENDA ITEM PRESENTED BY ROLL CALL MOTION: 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 COMMUNITY DEVELOPMENT BLOCK ard. GRANT APPLICATIONS -FY86 INITIATED BY Department of Co!IJ!!Iu n i ty Development ACTION PROPOSED Con s ide r two applications for CDBG funds under the Small Cities P rogram admj n j stergd by the Co l orado Department of L9cal Affairs fo r Fiscal Year 1986 INTRODUCTION AND BACKGROUND Th e Federal Program: The Small Cit~es Program provides grants t o un its of local Govern- ment in both metropolitan and non-metropolitan areas to meet housing and comm unity development needs . The p rimary object ive of the Small Cities Prog ram is : 1 ) The development of viable communitie s by p roviding decent housing and a suitable living environment; and 2) Expanding economic opportunities , p rincipally for persons o f low-and moderate- income . The objective o f the Small Ci ties Program i s a c hieved through a plan , or program , deve loped by the l ocal government whi c h is de s i g ned to give maximum priority to those act i vities whic h will benefit low and mod e ra te i ncome families o r wh ich will aid in the p revention or elimination of slum or blight . The request for funds may also include activities which are designed to meet other urgent development needs in the community which pose a "serious " and immediate threat to the health or wel f are of the community if other financial r esou r ces are not available . Th e choice of activities is a determination whi ch has to be made by the local gove rn- ment as to which will best serve the objective s of the program . Funds , which are appropriated annually by the Congress for this program , are allocated by statutory formula to each State . The maximum grant amounts set by the State fo r a S~ng le -Purpose Project -$500,000, for a Mul i-Purpose Project -$1 ,000 ,000 and for a Multi-Jurisdictional Project -$1 ,000 ,000 , although the actual grants awarded in fiscal year 1985 were considerably smaller than th maximums . To compete in the Small Cities Program , the local government must submi t a n app l ication Since the program is competitive and the demand for grants usually far exceeds the avai lable funds , the State will eva luate the applications on three ma jor factors: Pt·ojec t impact , p ublic and private commitments and management c a pabi lity . Final 1 fun ding de c is ions on all applications will be made by the Execu t ive Direc tor of the ~ s ate Depa rtm ent of Local Affairs based on recommendations of the State CD BG Ad visor y Co mmittee . • • I • • • • • • The Local Program: For FY86, two multi-purpose CDBG applications are being p roposed. In the first application, funus are being requested to support the City's continuing Housing Reh abilitation Project which the City Council initiated in 1975 and to cover the cost of mod ifying the Simon Center parking lot due to the EURA and the City's Floyd Street Realign- ment projec t. The second proposed application is being made by the city on behalf of WHE RE, Inc. to fund a Mobile Home Community Improvement Proj~ct for the Royal, Round-Up and Oas is North mobile home parks along South Santa Fe Drive in Englewood. In the City 's own multi-purpose CDBG application, funds are being requested in the follow- ing amounts: $450,000 for housing rehabilitation of 45 homes throughout the City; $30,000 f or the Simon Center parking lot modification project; and, $50 ,000 for the administration of both projects . In the multi-purpose application being made on behalf -of WHERE, Inc., funds are being requested in the following amo u nts: S4l ,OOO to transfer 21 mobile homes from a well water system onto the City 's water system in the Royal Mobile Home Park a transfer whi ch is supported by the City 's Utilities Dept.; $15,000 fo r a drainage project at the Round-Up Mobile Ho me Park; and, $147,500 for the r ehabilitation of 59 mobile homes within the Royal, Round-Up and oasis North Mobile Home Parks . One of the key fa c tors in receiving funds is the local government's commitment to a project To prove local c ommitment, staff has budgeted for the City 's Housing Rehabilitation Project $40 ,000 from the Housing Rehab 1985 PIF Expenditures and $5 0 ,000 from the Rehabilitation residual receipts (interest earnings on deposits , 1\ loan service fee , etc.). In addition, staff anticip ates a $500 ,000 line of credit from local banks as our private matching funds for the Housing Rehabilitation Project. ~or the WHERE, Inc. applic ation, they have budgeted $2,465 as their proof of commitment / '1hich was awarded to them from the Piton Foundation . In addition , WHERE, Inc. anticipates $25 ,000 from the Ford/Piton Foundation to assist in this community development project. • The Englewood Housing Authority Board of Commi ss ioners at their December 4, 1985 meeting supported the filing of both CDBG applic atio ns. Citizen participation in the appl ication process was provided for within an administrative p ublic hearing held at 5:30p.m . on December 10, 1985 . Recomme ndation: Th e Department recommends that the Cou ncil authorize submission of two Multi-Purpose CDBG a pplications: ll One application to be made on behalf of the City itself for $530 ,000 for the Housing Rehabilitation Projec t and fo r the Simon Center Parking Lot Modification Project ; and 2) One application to be made on behalf of WHERE, Inc . for $203 ,000 for a Mobile Home Community Improvement Project in Englewood • • I . - • RESOLUTION oo._l_ SERIES OF 1986 • • • A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, 'niROUGi ITS DEPAR'IMENT CF cn!MUNITY DEVEU>PMENT, 'ro FILE AN APPLICATION FOR A MULTI-PURPOSE ~ CITIES C<H1WITY DEVEU>PMENT BU>CK GRAm' 'ro FUND THE HOUSING REHABILITATION PROJO::T AND THE SIMON CENTER PARKING LOT MODIFICATION PROJO::T FOR 'niE CITY OF EtG.EWOOD, COU>RADO. WHEREAS, the Small Cities Program P£Ovides grants to local goverments to meeting housing aro ccmnunity developnent needs; am WHEREAS, to canpete in the Small Cities Program, local goverments must sui::Jnit an application; and WHEREAS, the City of Englewood has receivErl a notice of fum availability; am WHEREAS, '!he City of Englewood held a public hearing to canply with the requirements of the CIBG application on December 10, 1985; am WHEREAS, the Department of Ccmnunity Developnent desires to apply for these funds for a multi-purpose Small Cities Ccmnun i ty Developnent Block Grant to fund the Housing Rehabilitation Project and the Simon Center Parking Lot ttx1ification Project; Na-1, 'niEREFORE, BE IT RESOLVED BY THE CITY COUICIL OF THE CITY OF ENGLEWOOD, COU>RAOO: Section 1. That the Department of Ccmnunity Developnent is hereby authorized to file an application for a multi-purpose Small Cities Ccmnunity oevelopnent Block Grant to fum the Housing Rehabilitation Project am the Si mon Center Parking Lot Modification Project for the City of Englewood, Colorado. Secti on 2. That the Mayor aro the e x off i cio Ci t y Clerk-Tr e a surer are authori zed to s i g n and attest all necessary forms , d ocunent s , assurance s a m certifica tions for the Sma ll Cities Ccmn unity Devel~t Block Gr ant for am on behalf o f the City Council am the City of Englewood . ADOPI'ED AND APPROVED thi s 6th day of January, 1986. Attest : 4~;{~ Ma yor ex officio City Cl erk-Treasurer • I • \ • RESOLUTION oo._)!__ SERIES OF 1986 • • • - A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, THROUGi ITS DEPAR'IMEm' OF CCMMUNITY DEVELOR-!Em', 'IO FILE AN APPLICATION ON BEHALF OF WHERE, IOC. (WE'LL HAVE EQUITABLE RELOCATION) FOR A MULTI-PURPOSE !MALL CITIES CCMMUNITY DEVELOR-!Em' BLOCK GRAm' TO FUND A MCIHLE H<l1E CXMMUNITY IMPROVEMEm' PROJEX:T FOR THE ROYAL, ROUND-UP, AND OASIS OORTH MCBILE H<l1E PARIIS ALONG SOUTH SAm'A FE DRIVE IN ENGLEWOOD, CX>LORADO. WHEREAS, the Snall Cities Progran provides grants to local goverments to meet housing and camnmity develo{Xnent needs; and WHEREAS, to canpete in the Snall Cities Program, local governnents must sul:mit an application; and WHEREAS, the City of Englewood has received a notice of fund availability for these purposes; WHEREAS, the City of Englewood held a public hearing on December 10, 1985 to comply with the requirements of the C.D.B.G. application; and WHEREAS, the DepartJnent of COmmunity Developnent desires to apply on behalf of WHERE, Inc. for these funds for a multi-purpose Snall Cities COmmunity Development Block Grant to fund a Mobile Home O::mnuni ty Improvement Project; NCM, THEREFORE BE IT RESOLVED BY THE CITY COI.JN:IL OF THE CITY OF ENGLEWOOD, COLORADO: Section l. 'Itlat the DepartJnent of O::mnuni ty Development is hereby authonzed to file an application on behalf of WHERE, Inc. (we'll Have Equitable Relocation) for a multi-purpose Snall Cities COmmunity Developnent Block Grant to fund a Mobile Hane COmmunity Improvement Project for the Royal, Round-Up and <Bsi s North Mobile Home Parks along South Santa Fe Drive in Englewood. Section 2. 'Itlat the Mayor and the ex officio City Clerk- Treasurer are hereby authorized to sign and attest all necessary forms, docunents, assurances and certifications for the Snall Cities O::mnunity Development Block Grant for aoo on behalf of the City Council aoo the City of Englewood. ADOPTED AND APPROVED this 6th day of January, 1986. Attest: ex officio City Clerk-Treasurer • I • • • - - ye, Nay Absent Abstain H iadav 1ft!Tt"" v-a-~ --PI 1/ Vobe1da u T ~~ I Bile 'J v Bradshaw I Oti s I I MOTI I . • • • - r ( • RES0Ll1I'ION 00.~ SERIES CF 1986 • • • ~IE A RESOLUTION APPOINTING THE r..AW FIRM CF HILL & RCSBINS ~VID W. RCSBINS, ESQ.) AS spg::IAL COUNSEL FOR THE BI~ITY WASTI!WATER TRFA'IMENT PLANT AND THE ENQ.I!WOOD WASTI!WATER 'IREA'IMENT PLANT. WHEREAS, the City of Englewood is responsible for the operation of the Englewood/Littleton Joint Use Wastewater Treatment Plant and the Englewood wastewater Treatment Plant pursuant to various agreements with the City of Littleton; and ~~. Englewood may employ special consultants to assist in the management of the Plants with the prior pennission of the Bi~ity wastewater Treabnent Plant SUpervisory Ccmnittee; and WHEREAS, ravid W. Robbins, a partner in the finn of Hill & Robbins, has extensive experience in the field of water quality law; N<M, THEREFORE, BE IT RESOLVED BY THE CITY COUOCIL CF THE CITY CF ENQ.I!WOOD, COLORAOO: Section 1. '!hat the law finn of Hill & Robbins ( David w. Robbins, Esq.) be and hereby is appointed special counsel to assist in the management of the Englewood/Littleton Joint Use wastewater Treabnent Plant (Bi-{:i ty Wastewater Treatment Plant) and the Englewood wastewater Treabnent Plant. Section 2. '!hat the Mayor and ex officio City Clerk- Treasurer of the City of Englewood are hereby authorized to sign and attest the Contract of Bnployment between the City of Englewood and Hill & Robbins on behalf of the City Council and the City of Englewood. ADOPTED AND APPROVED this 6th day of January, 1986 . Attest: Mayor ex off1c1o C1ty Clerk-Treasurer • I • • ( • • • • • , Gary R. Higbee, ex officio City Clerk-Treasurer of the City of :englewood, Colorado, hereby certify that the above am foregoing is a true, accurate am canplete copy of Resolution No. __ , Series of 1986. Gary R. Hlgbee • I I • • - • • • • • - COIJTRAC'I' OF EMPLOYMEIIT MREIMBII'I· made the __ day of December, 1985, between THE CITY OF ENGLEWOOD, a Colorado municipal corporation (hereinafter referred to as "Englewood"), and the law firm of HILL & ROBBINS, 1441 Eighteenth Street, Suite 100, Denver, Colorado 80202 (hereinafter referred to as "Hill & Robbins"). I • IDEIJ'l'IFICATIOJf OF PART'IES A. Englewood is a Colorado municipal corporation ane is responsible for the operation of the Englewood/Littleton Joint Use Wastewater ~reatment Plant and the Englewood Wastewater ~reatment Plant, 2600 South Platte Drive, Englewood, Colorado 80110 (hereinafter referred to collec- tively as the "Plants") pursuant to various agreements with the City of Littleton. B. Hill & Robbins is a partnership whose members are licensed to practice law in the State and Federal Courts in Colorado. David W. Robbins , a partner in the firm, has e xte ns i ve expe ri ence in the fi eld of wa t er quality law , having specialized in that area, am ong others , while working for both the u.s. Environmental Protection Ag e ncy and the State of Colorado . • I • ( ( • • • - - II • UBDERLYIIIJG RECITALS A. Englewood may employ special consultants to assist in the management of the Plants with the prior permission of the Littleton/Englewood Joint Use Authority Supervisory Committee (hereinafter referred to as "Committee"). B. The Committee has determined that it is in the best interests of the two Cities to retain an attorney hav- ing expertise in the area of water quality law to assist the two Cities and the Committee in the operation and management oi the Plants. I I I. NATURE OF F.MPLOYMDI'f Englewood hereby retains and employs Hill & Robbins to act under the title of Special Counsel as attorney for the Committee and to render to the Committee and its duly auth- orized officials legal advice relating to water quality for, and the operation of, the Plants: to represent the Committee and its duly authorized officials in all water quality matters which may be pending or which may hereafter be instituted in any of the courts of the State of Colorado, in the courts of the United States located within the State of Colorado, and before a ll administrative agencies and depart- ments of the government having authority over water quality and related environmental matters brought by or against the Committee and/or the Plants, during and throughout the con- tinuance of this agreement: to review all notices, proposed rules and regulations, and other matters pertaining to water quality control !rom the Colorado Water Quality Control 2 • I • • - ( • • • - - Comm i ss i on, Colorado Water Quality Control Division, the Un i ted States Environmenta l Protection Agency, and other regulatory governmental agencies having authority over water quality control; to take further action as necessary for the representation of the Englewood/Littleton Joint Use Wastewater Treatment Plant and/or the Englewood Wastewater Treatment Plant in matters relating to water quality control and related environmental matters and the operation of the Plants; and to render legal opinions and all other legal services as the Committee or any of its duly authorized officials may request or requ i re, includ i n g representation of the Plants in any pending or future hazardous waste pro- ceedings . It is und e rstood that Hi l l & Robb ins will also be designated as Special Counsel to the City o f Littleton for the foregoing purposes. IV. ACCEP'l'AHCE OP EMPLOYMEN'l' Hill & Robb i ns hereby accepts the employment and d esignat i on as Spe ci a l Counsel to th e C i t i es of Englewood a nd Li ttleton and promi ses to rende r t o th e best of i ts ability the services described herein du r ing t he continua nce of this agreement. V . COMPENSA'l'IOI!IJ It is agreed by and between Englewood and Hill & Robbins that a retainer be paid monthly by Englewood on behalf of the two Cities in the amount of $850.00 per month tor ten (10) hours of service by David W. Ro b bin s per month at the rate of $85.00 per hour. The retainer paid b y 3 • I • • - - ( • • • • - Eng l e wood shall be applied against the legal services actually performed for the Committee by Hill & Robbins. Services performed in excess of 10 hours per month shall be charged at the following standard hourly rates: Partner: $85.00 Associate: i5.00 Paralegal: 35.00 Law Clerk: 25.00 All of said compensation shall be payable on the first day of each mo nth. 1he terms of this se c t i on may be su b ject to adjustment annually . VI. 'l'ERM 'Ihis agreement shall be for a period of one year and may be extended for additional one-year periods by mutual agreement of the parties. This agreement may be terminated at any time on thirty (30) days ' written notice from either party to the other party that employment hereunder is to be so terminated . IH WI~WESS WHEREOF, the parties have executed this agreement on the date fi rst above wr i tten . CI1Y OF EN GL EW OOD A'ITEST: BY : Tit1e :---------------------------------------------- HILL & ROBBINS BY: oavid-w:-RoEETns ________ __ Partner 4 • I • • - • • • • The foregoing agreement has been read and approved by the Littleton/Englewood Joint Use Authority Supervisory Committee DA'I'ED, this _ day of December, 1985. CITY OF ENGLEWOOD BY: __ ~~--~~~-----------Andrew J. Mccown City Manager 5 CITY OF LI'I''I'LETON BY: Gale n.-CFirrst:y----- City Manager I • • • • - - PRESENTED BY --- Moved Seconded Aye N sf\ ay Absent Abstain Hlgdav ' .L--NY SP'tlAA--I I Vobe-;da I L .....--' ~----J Bi lo T1 Bradshaw 1 Otis MOTION: &#-~ 4 I . • - .. • • Item 24(a) January 6, 1 986 • • • ~~uZ7~ ~~4/ f!CJfh The attached document wa s presented to the Englewood Cit y Council at their regular meeting of January 6, 1 986, by the City Attorney. The City Attorney asked Council to move a resolution and to authorize the Mayor to sign the agreement between the City of Englewood the Chasewood Company, wherein Chasewood agrees n ot to use or request to u se Franklin Street for public or private acce s s onto Floyd Avenue, nor to use or request t o use Frank lin Street as a public or private through street. Councilmembe r Van Dyke asked the Deputy City Clerk to assign a re so lution number to the matter . Resolution No . 4, Series of 1 9 86 was as s igned. The document was read in its entiret y by the Ma y or . It was moved by Van Dyke, seconded by Ko z acek, that Resolution o. 4 be accepted. The vote was unanimous, and the Nay or declared the motion carried. The document will be duly recorded by the City Attorney's office . \ / .d /.,_-<' ~ t' .~ ,_';!j. C{ .,._. Deputy C1ty Clerk • I • • • • • • - AG REEMENT THIS AGREEMENT is intended to be a contract binding on the parties hereto, who have signed below, and their heirs, assigns and any and all successors. Th e parties are the City of Englewood, a Colorado home rule municipal corporation (hereinafter "the City"), and the Chasewood Company, a corporation (hereinafter "Chasewood"). Pursuant to this contract, the City shall pay the sum of $1.00 to Chasewood. For this and such other good and valuable consideration as the parties have given and received, Chasewood a g rees not to use or request to use Franklin Street for public or private access onto Floyd Avenue within the City of Englewood, nor to us e or request to use Franklin Street as a public or private t h rough street. It is expressly agreed that Franklin Street shall remain closed to traffic and that it shall provide only emergency fire ac ce ss to Floyd Avenue. S O AG REED. CITY OF ENGLEWOOD By: ~~ zf, <!24: Ma or Date: ,4/f,k& • I • • • • • - PRESENTED BY --- ROLL CALL Moved n ed Seco d Ayes Nay Absent Abstain r-I 1- Hlqdav -Neal I -, -- 1-Vobe1da J I We st l J ..].i lo L- - I I Bradshaw - I OtIs ~ 1 I - I I - i :j MOTION: I . • ·::::::==----• • • • 0 c4-~~c-<-1' ~£6,~90 anua"L.:T cr / /97c?~ 0 ~~~ ,/'-/( #s: I . • •