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Home My WebLink About1985-09-03 (Regular) Meeting Agenda• • • • • 0 City Council l1eeting -Regular -September 3, 1985 • • • • • • ~o ~l!utJ..t~.--11~ d-1, Js, dro, .~'7 c__ t 'idx~ -;r:~~ Y,~ss . SG; • 0 0 I I . • • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado September 3, 1985 -· The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 3, 1985, at 7 :30p .m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Higday. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Vobejda, weist, Bilo, Bradshaw, Otis. Absent: None . The Mayor declared a quonJII present . * * * * * * Also present were: City Manager McCown City Attorney Olsen * * Assistant City Manager Vargas Assistant City Manager for Economic * * Development Powers Director of Engineering Services Diede Deputy City Clerk OWen * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MINUTES OF THE RFXiULAR MEETING OF AUGUST 19, 1985. Council Member weist seconded the motion. Upon call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, weist, Bilo, Bradshaw, Otis. Nays: None. Abstain: Council Member Vobejda. The Mayor declared the motion carried. * * * * * * * * • I • - • September 3, 1985 Page 2 • • • -·· MAYOR PRO TEM BRADSHAW MOVED TO BRING FORWARD CONSENT AGENDA ITEM 9 (F) "ORDINANCE ON FINAL READING TO SUBMIT TO THE VOTERS AT THE GENERAL MUNICIPAL ELEX::TION ON NOVEMBER 5, 1985, THE QUESTION OF WHETHER TO ENACT A RENTAL HOUSING REGULATION PROGRAM ." Counc i 1 Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Manbers Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, otis. None. The Mayor declared the motion carried. ORDINANCE NO. 53 SERIES OF 1985 BY AUTHORITY COUNCIL BILL NO. 61 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELEX::TORS OF THE CITY OF ENGL~ AT THE GENERAL MUNICIPAL ELOCTION TO BE HEW ON NOVEMBER 5, 1985 A QUESTION REGARDING REGULATION OF RENTAL HOUSING IN THE CITY. MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 61, SERIES OF 1985, ON FINAL READING. Council I'Bnber Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, otis . Nays: None. The Mayor declared the motion carried. Mayor Pro Tern Bradshaw excused herself fran the meeting at 7:40 p.m. to attend another meeting • • • • • • • • • Pre-scheduled visitor Rosemary LaPorta was present. Ms. LaPorta presented the concept of holding an EnglelooOOO Fall Festival in conjunction with the Annual EnglelooOOO Holiday Parade for the benefit of forming the Englewood CUltural Center. Mayor otis offered the support of Council. Ms. LaPorta asked for a city-liaison designate. Mayor otis stated Dorothy Dalquist, tt.e City's public relations specialist, would be the liaison. • I • • - • • September 3, 1985 Page 3 • • • COUNCIL MEMBER HIGDAY MOVED THAT CITY COUNCIL SUPPORT THE CONCEPT. Council r-anber Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council r-anbers Higday, Neal, Vobejda, Weist, Bilo, otis. Nays: None. Absent: Mayor Pro Tern Bradshaw. The Mayor declared the motion carried. * * * * * * * * Mayor otis asked if there were any other visitors wishing to address Council on any matter at this time. Dave Williams, Area Director of AFSME, CCille forward. Mr. Williams discussed Consent Agenda Item 9(g) which was an ordinance on final reading clarifying mandatory bargaining subjects for the Career Service System. Mr. Williams urged the defeat of the ordinance on the basis that the matter was not a current concern. Mr. Williams stated "if it 's not broke , don't fix it." * * * * * * * * Lee Fowler , 3999 South l'ennsyl vania, came forward . Mr. Fowler discussed the parking problem in his neighborhood caused by high school students parking on residential streets. After lengthy discussion, Council determined to initiate the following action: 1) a 39-rninute parking limit and for those who require longer periods of time an issuance of a permit to park longer; 2) increased police patrol in the subject area; and 3) inquiry into why the school disallows parking in the school lot. City Manager M:::Cown assured Mr. Fowler attempts would be made to resolve the problem and took down Mr. Fowler's telephone nllllber to report progress. * * * * * * * * Marj Nick1.111 frcm Total Business Systems, 3479 South Broadway, CCille forward. Ms. Nick1.111 brought to Council's attention the problem of parking on the days when the Farmer's Market is open. Ms. Nick1.111 asked if another location could be found for the Farmer's Market. * * * * * * * * • I • - • • September 3, 1985 Page 4 • • • Pete Juenenann, President of the EEA, came forward. Mr. Juenemann spoke concerning the ordinance clarifying mandatory bargaining subjects. Mr. Juenemann stated he understood the spirit of negotiations back in 1980 were that things would not change pertaining to this matter. Mr. Juenemann urged defeat of the ordinance so that the enployees could hold onto certain rights. * * * * * * * * Mayor otis presented a letter fran Larry Novicky resigning fran the Urban Renewal Authority . COUNCIL MEMBER NEAL MOVED TO ACCEPT WITH REGRET THE RESIGNATION OF LARRY NOVICKY FRa-1 THE URBAN RENEWAL AUTHORITY. Council I'Bnber Bilo seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Bilo, otis . Nays: None. Absent: Mayor Pro Tan Bradshaw. '1tle Mayor declared the motion carried. * * * * * * * * "Consent Agenda Items" were: (a) Minutes of the Downtown Development Authority meeting of July 10, 1985. (b) Minutes of the Board of Adjustment and Appeals meeting of July 10, 1985. (c) Minutes of the Liquor License Authority meeting of July 24, 1985. (d) Minutes of the Planning and ZOning Coornission meeting of August 6, 1985. (e) Ordinance on final reading amending the Englewood Municipal Code regarding the maximlUI punistment which can be inp>sed by the Englewood Municipal Court. (f) Ordinance on final reading to subnit to the voters at the General Municipal Election on November 5, 1985, the question of whether to enact a rental housing regulation program • I • • • • • • September 3, 1985 Page 5 (g) Ordinance on final reading to sul::rnit to the voters at the General Municipal Election on November 5, 1985, clarifying mandatory bargaining subjects for the career Service System. Council acknowledged affirmative action already taken on Consent Agenda i tern 9 (f) • COUNCIL MEMBER NEAL MOVFD TO APPROVE CONSENT AGENDA ITEMS 9 (A) - 9(E) AND TO CONSIDER SEPARATELY 9(G). Council ~r Silo seconded the motion. Upon a call of the roll, the vote resulted as follows: 1985. Ayes: Council ~rs Higday, Neal, vobejda, Weist, Bilo, otis. Nays: None. Absent: Mayor Pro Tan Bradshaw. 'Itle Mayor declared the motion carried. Consent Agenda item 9(e) was nllllbered Ordinance No. 52, Series of BY AUTHORITY ORDINANCE NO. 54 SERIES OF 1985 COUNCIL BILL NO. 60 INTRODUCED BY COUNCIL MrnBER BRADSHAW AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEl'IOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 1985 A PROPOSED AMENCMENT TO THE CHARTER OF THE CITY OF ENGL~ AMENDING THE ENGLEl'IOOD El'IPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT TO ADD CERTAIN PROVISIONS THEREIN. COUNCIL MrnBER HI <DAY MOVED TO PASS COUNCIL BILL NO. 60, SERIES OF 1985, ON F INAL READING. Council ~r Weist seconded the motion. Council ~r Higday spoke in favor of the bill. Mr. Higday stated he was nervous about the possibility of having inexperienced officers patrolling the streets at night which was a dangerous time. Council ~r Neal spoke in favor of the bill. Mr. Neal recalled when the City agreed to a period of three years to have the maintenance of benefits clause and this time has expired. Mr. Neal stated the City was not changing the scope of bargaining. Mr. Neal stated the City was attempting to allow the managers to do their job. Upon a call of the roll, the vote resulted as follows: • I • • September 3, 1985 Page 6 • • • Ayes: Council Members Higday, Neal, Vobejda, Weist, Bilo, otis. Nays: None. Absent: Mayor Pro Tern Bradshaw. The Mayor declared the motion carried. RESOLUTION NO. 33 SERIES OF 1985 * * * * * * * * A RESOLUTION SUPPORTING FEDERAL LEGISLATION THAT WILL REVITALIZE THE PRINCIPLES OF STATES RIGHTS AS ESTABLISHED BY THE TENTH AMENIX-IENT TO THE CONSTITUTION AND LEGISLATION THAT vnJLD EXEMPT STATE AND LOCAL GOVERNMENTS FROM COVERAGE UNDER THE FAIR LABOR STANDARDS ACT. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 33, SERIES OF 1985. Council I'Bnber Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council I'Bnbers Higday, Neal, Vobejda, Weist, Bilo, otis. None. Mayor Pro Tern Bradshaw. The Mayor declared the motion carried. * * * * * * * * City Manager l'tCown presented a council ccmnunication fran Fire Clief Branan reccmnending award of bid for a mobile breathing air canpres- sor. COUNCIL MEMBER WEIST MOVED TO APPROVE THE AWARD OF BID FOR A MOBILE BREATHING AIR COMPRESSOR TO THE LOW BIDDER EAGLE AIR SYSTEMS IN THE AMOUNT OF $21,806.10. Council I'Bnber Vobejda seconded the motion. Council I'Bnber Higday opposed the expenditure in light of recent actions to cut the budget. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Vobejda, Weist, Bilo, otis. Nays: Council Member Higday. • I • • • September 3, 1985 Page 7 Absent: • • - Mayor Pro Tern Bradshaw. The Mayor declared the motion carried. * * * * * * * * Director of Engineering Services Gary Diede presented a council coomunication recoomending the award of bid for the construction of South Broadway Streetscape No. 1. COUNCIL MEl'1BER VOBEJDA MOVED TO APPROVE THE AWARD OF CONTRACT FOR CONSTROCTION OF SOUTH BROAI:MAY STREETSCAPE NO. 1 TO SABELL' S INC IN THE AMOUNT OF $179,386.74. Council Member Higday seconded the motion. l.JIX>n a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Bilo, Otis. Nays: None. Absent: Mayor Pro Tern Bradshaw. The Mayor declared the motion carried. * * * * * * * * Director Diede presented a council coomunication recannend the award of bid for the 1985 OVerlay Program and to additional streets. COUNCIL MEl'1BER NEAL MOVED TO AWARD THE CONTRACT FOR THE 1985 OVERLAY PROGRAM TO EVANS PAVING (RKS INDUSTRIES, INC) IN THE AMOUNT OF $102,500 WITH PERMISSION TO ADD STREETS FOR AN AMOUNT NOT TO EXCEED $11,000. Council Member Weist seconded the motion. l.JIX>n a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bilo, Otis. None. Mayor Pro Tern Bradshaw. The Mayor declared the motion carried. * * * * * * * * Director Diede presented a council coomunication reco11111ending award of bid for bridge deck repairs and overlay at the union Avenue Bridge and the Logan Street Bridge • • I • • - • September 3, 1985 Page 8 • • • COUOCIL MEMBER WEIST MOVED TO APPROVE THE AWARD OF BRIDGE DOCK REPAIRS AND OVERLAY PROJOCT TO THOMASSON CONSTRUCTION COMPANY FOR THE LCW BID OF $70 ,760.90. Council Member Bilo seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Bilo, otis . Nays: None. Absent: Mayor Pro Tan Bradshaw. 'lhe Mayor declared the motion carried. * * * * * * * * Director Diede presented a council coomunication recorrmending award of bid for the Belleview Park Tennis Court caisson walls repair. COUOCIL MEMBER BILO MOVID TO AWARD THE CONSTRUCTION CONTRACT FOR BELLEVI~ PARK TEliNIS COURT CAISSON WAILS REPAIR TO IJ1S DRILLING, IOC, IN THE AMOUNT OF $9,481.11. Council Member VObejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Bilo, otis. Nays: None. Absent: Mayor Pro Tan Bradshaw. 'lhe Mayor declared the motion carried. * * * * * * BY AIJrHORITY ORDINAOCE NO. SERIES OF 1985 __ _ A BILL FOR * * COUOCIL BILL NO. 63 INTRODUCED BY COUOCIL MEMBER VOBEJDA AN ORDINAOCE AMENDING THE cn!P!UliENSIVE ZONING ORDINAOCE, SECTION 16.2, AI:t1INISTRATION OF THE ORDINAOCE; SEX:TION 16.3, PROCIDURES r'OR INITIAL ZONING OF PROPERTY, REZONING, AND CHANGES AY:l AHEl01ENTS TO THE ORDINAOCE; SEX:TION 16.4-17, FENCES AND RETAINING WALLS; SOCTION 16.4-18, LANDSCAPE ORDINAOCE; AND SEX:TION 16.4-19, SIGN CODE • • I • • - • September 3, 1985 Page 9 • • • COUNCIL MEl'IBER VOBEJDA MOVED TO PASS COUNCIL BILL NO. 63, SERIES OF 1985, ON FIRST RFADING, AND TO SET A PUBLIC HEARING ON THE MATTER FOR MONDAY, OCTOBER 7, 1985, AT 7:30 P.M. Council Member Neal secoooed the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bilo, Otis. None. Mayor Pro Tern Bradshaw. '!be Mayor declared the motion carried. * * * * * * * * City Attorney Jack Olsen reported that the Appeals Court denied certiorari in the matter of Judge Parkinson aoo the City of Englewood case. Mr. Olsen stated the Judge has requested the City Attorney's office to hire another prosecuting attorney. Mr . Olsen stated he was studying various ways to accomodate this request without hiring more people. * * * * * * * * City Attorney Olsen expressed regret from himself aoo his staff at the resignation of Council Member Neal. * * * * * * * * COUOCIL IID'1BER HIGDAY ltJIJED TO SET A SPEX:IAL MEETING ON MONDAY, SEPTEMBER 9, 1985, AT 7:30 P.M. TO RECEIVE THE 1986 PROPOSID BUDGET. Council Member Bilo secoooed the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bilo, Otis. None. Mayor Pro Tern Bradshaw. '!be Mayor declared the motion carried. * * * * * * * * Mayor Otis made the following appointments: (a) Norleen Palmer to the Housing Authority for a term to expire July 1, 1999 • I • • - • • • • September 3, 1985 Page 10 (b) Robert M::Intyre to the Urban Renewal Authority for a term to expire February 5, 1190 Mayor otis noted scmeone ~«>uld be appointed as an al temate to fill Mr. M::Intyre's position (c) Council Member William Vobejda as the Council appointee to the Urban Renewal Authority (d) Himself to the Englewood Downtown Developnent Authority Mayor otis noted Council Member Neal's resignation was effective September 3, 1985 at midnight at which time the replacement appointments ~«>uld be effective. * * * * * * * * COUNCIL Mfl1BER HIQ)AY MOVED TO APPOINT KEN BULL, 5001 SOUTH WASHINGTON, TO THE ELECI'ION CXM1ISSION FOR A TERM TO EXPIRE FEBRUARY 1, 1986. Council Member Bilo seconded the motion. Upon a call of the roll,the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, weist, Bilo, otis. None. Mayor Pro Tern Bradshaw . The Mayor declared the motion carried. * * * * * * * * Council gave farewell to Council Member Neal as did former Council Member Fitzpatrick who was present. Council Member Neal expressed his mixed emotions at departure. Council wished Mr. Neal well in his new eooeavors. * * * * * * * * No further business was before Council. COUNCIL MEMBER HIQ)AY MOVED TO ADJOURN. Mayor otis adjourned the meeting without a vote at 9:00 p.m • • \ I • • - To LV) ~ Date f j.3:J Tim e /0.<3 0 Phe;;e C~f~f~~cerJ M r. /~ ~CJ~ of ~tiJ~- Phone • • • - TELEPHONED CALLED TO SEE YOU WANTS TO SEE YOU • PLEASE PHONE Will CALL AGAIN SEE ME 0 0 I . • • • - /~']~ 2lr AJ-- (27--~cJ q, J, g 0- ~''{ y 2--Bn~~~~ • 3.?'93 5 J:.SY'<--. ~ ~4 7 o g, ~ .-o ~U):j )'f '/3 S. ~ ... .l.w~ I . . - • • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL SEPTEMBER 3, 1985 7:30 P.M. 1. Call to order. ~ 2. Invocat i on. CfrU._ ~~ 3 . Pledge of allegiance by Boy Scout Troop #151. ~ 4 . Roll call. 5. ~nutes. Ofj>AA'); (a) Minutes of the regular meeting of August 19, 1985 . 6.C.~~e~~c~::: ;;sitorl' t}~~:::~ limit your presentation to 10 minutes.) 7. 8. (a) Ms. Rosemary LaPorta will be present to discuss with City Counc i l the i r i deas for activities on or before the weekend of the Holiday Parade on No~er ~, 198 5 . l ~_ (J~ (J A.. -~"'---4 ~ • • Non-Schedul ed Vi s i tors . (P l ease l imi t you r presen t a t i on to ~~t minu tes.)orfa~ '-U.)~4~-0~ ~ J~j ~uc.et ~~ ~;<t-u~~~~+ ~ ~ J;#~~(:7tlll~ Communic~ori s jfn ~o c~a~on~ ~ ~ (a) Letter from Vice Chairman Larry Novicky, Urban Ren ewal Authority, resigning his position on that board . Cons e nt Agenda. (a ) Minute s o f the Down t own Dev e l opment Authority meet i ng of July 10, 1985 . (b) Minutes of the Board of Adjustment and Ap p e als me e t ing of July 10 , 1985 . I • • • • • (c) Minutes of the Liquor License Authority meeting of July 24, 1985. (d) Minutes of the Planning and Zoning Commission meeting of August 6, 1985. Ordinance on final reading amending the Englewood , 1)L~ Municipal Code regarding the maximum punishment which -f) can be imposed by the Englewood Municipal Court. Ordinance on final reading to submit to the voters at ~ the General Municipal Election on November 5, 1985, the question of whether to enact a Rental Housing Regulation Program. Ordinance on final reading to submit to the voters at ~~1 ~ the General Municipal Election on November 5, 1985, lr- clarifying mandatory bargaining subjects for the Career service System. 10. Public Hearing. 11. Ordinances, Resolutions and Motions. (a) (c) c(. (d) n Recommendation from the Employee Relations Department to approve a Resolution supporting federal legislation that will revitalize the principle of state rights as established in the u. s. Constitution and legislation that will exempt state and local governments from coverage under the Fair Labor Standards Act. Recommendation from the Fire Department to approve the award of bid for a mobile breathing air compressor to Eagle Air Systems in the amount of $21,806.10. Recommendation from the Engineering services Department to approve the award of bid for the construction of the South Broadway Streetscape No. 1 to SaBell's Inc. in the amount of $179,386.74. Recommendation from the Engineering Services Department to approve the award of bid for the 1985 Overlay Program to Evans Paving (RKS Industries, Inc.)in the amount of $102,500. Recommendation from the Engineering Services Department to approve the award of bid for bridge deck repairs and overlay at the Union Avenue Bridge and the Logan Street Bridge to Thomasson Construction Company in the amount of $70,760.90. -2- I • • - • • • • r · • Recommendation from the Engineering Services Department to approve the award of bid for the Belleview Park Tennis Court caisson walls repair to LMS Drilling, Inc., in the amount of $9,481.11 . Bill for an Ordinance relating to proposed amendments to l JJu)JJ...L the Comprehensive Zoning Ordinance relative to its ( {' , administration; procedures for initial zonings, ) q ,f(-&'=> rezonings; amendments; fences and retaining walls; landscaping; signage; and that a date be scheduled for a public hearing. 12. City Manager's Report. 13. City Attorney's Report. 14 . General Discussion. (a) Mayor's Choice. (b) Council Member's Choice. (i) Recommendation from the City Manager that City ~~ Council call a special meeting for the purpose of q -II' K ~ receiving the proposed budget for the fiscal year . 1986 and to set a date for a public hearing. d a.-b.., u.JU-.0 , [;.£ ~q -£1 -&~ 15. Adjournment. ~~~ 7-k~-JJJ:rf"· PETER H. ~GAS Q Acting City Manager /)~ 'oJ_.-Yv\Lv - PHV/sb ~ JJ/e \.ohl.t_OJ_., -w fff) v ,.Ju-? 0---av- ....... , ___ fh_tM-t:t-g:u_{!) ~ -E 0 OA r(~ ~ ~~ ~'}>t ::j {L~ 1D 0\o-.<Lk_ - ~tl/VlL_) CJ : 0 D uo (m. -3- • I • • • • • AGENDA ITEM PRESENTED BY -------- {JoJ_e ,6 ._£le cbv ~ ~ -~t_/v-6U~tJ / cLc -y:£ tL-[ CJ~-a~ 1h w~~J. p (Ll"f ~JJ J J ) e e 6--u.:-b._/ (9~~ &t-u~ ROLL CA LL Hoved Seconded Aye H s ay Absent Abstain lqdav Neal Vobeida Weist Rilo Bradshaw Otis MOTION: I . • • • • • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Abs e nt Abstain Hlgday y Neal v Vobeida We is t v Bllo /"" Bradsh-y-- Ot i s v MOTION: I . • • • • • AGENDA ITEM ~a. · PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain 111goay Neal --Vobejda -v Weist -Bi lo -v Bradshaw Otis - MOTION: I • • • • • • • AGEND A ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent I Abstain ~~ L (./ Nea vobe_ida 1.. WeJ_St __B_llo --Bradshaw J Otis MOTION: I • • • • • - • • AGENDA ITEM PRESENTED BY --------------------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlg<lay Neal / v Vobeida I Weist I Bllo I v Bradshaw I Otis \ "\... I • • • • • ,. • ~tJ--d-~~6_ ~)~ . AG ENDA ITEM b 0 <.._ PRESENTED BY ------ f) ~ru---)1\A~·~ d-~ ~ <-f L~--.J. / ~--l ~ I I q J?"::J ROLL CALL Hoved Seconded Ayes Nay Absent Abstain v Hlgdav Neal I 1/ Vobeida I Weist I Bllo Bradshaw -Otis / I . . • • • • - AGENDA ITEM __ 1_. _ PRESENTED BY ------ ~ ~ ..1-A--~-fL. -UflJ-~''<-,{; :!J ~4-uJ~, autV c/_lv~ r ~~ ;U: tt u ~ fv ~~~ ~--v--JL J~ ~ ~ ~ -~ ._./)LAW ..AfU _u :..., /~~ ~~~---·J&~:rB ·-~-~.~t~) J~ ~-uPci.~ 0./);..-_.t/IL-<_;&_-...:t:u"t"-.R.J /() '<-/2.-u.---f.J, '--' ~ · , L fA. . lj "v_..i;..,t PJ-~ -:LLL-4-~u ~ uru., ~ _M-<OA)..~-dL-~j!V r - c2 .rM ;f-·y_ __i L ROLL CALL Moved Seconded Ayes Nay Absent Abst I a n HTgaay Near Vobeida Weist Bllo Bradshaw Otis MOTION: • • L I . . • • - - AGEN DA ITEM ---PRESENTED BY ----- Moved Seconded Ayes Nay Absent Abstain HIQdav Neal Vobeida Weist Ri lo Bradshaw Otis MOTION: I . • • • • • • AGENDA ITEM ---PRESENTED BY ----- /lb~{_·zy-'r'V-v~e-clkr\ -~ ~~ ~ 3 -</( 0 S --(tur~,U_/D_if- -'--f(YL).'l ... :J~.-0-' ~~ _A''Y\ ~d 4a~ fk Li~uJ- ) '--lw"O ~ ,v>L~ ;t {)~ <-6-t~ ~~~ ~ 16 '-P~~ ~ ~ F~ -~~ a~~ ~ruZu~ -ac..~ ~ --e~ J--o r olJ ~·~ ~' ~ f!A')t~U Ji.<~~'-' ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgaav Neal Vob eida Weist Bllo Bradshaw Otis MOTION : I . . -• • • AGENDA ITEM PRESENTED BY ------ o_.Lo~ rlf~ (5J (V-__,. 6 E A C_i_~-e.-oJL-~~~ ~~~ 1H ~-a<U -~~ ~1 ~ I If JV ..X!u J ;1)---/Avp A,f1 7~ ~/ ~~cf-' -~/fY-o ~Lu_ ~yr~ ~ RL 71 '~ ~t- -(!J_J aL ~ ;U \r~ b YVu..uo~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hladay Neal Vobe;da Weist Bllo Bradshaw Otis MOTION : I . • • • AGEN DA ITEM (~~ PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~ga'!l_ ~ Nea...!_ L vob4tlda L We...!_st L v-_ll lo _L Bradshaw -Ot i s L MCYriON: a ~ ~ -uJ 1 (0U'F'-. I • • • • - • •' • - AGENDA ITEM PRESENTED BY ------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HTQifiY I v-Neal I Vobe;da I Weist I ,_.-Bllo I Bradshaw - Otis / I • • MOTION I a __ __.R___/ • • • • • AGENDA ITEM ----- PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain -v -H1cldav Neal Vobeida J,-Wei s t B_l lo Bradshaw Ot is MOTION: I . • • • • • AGENDA ITEM ---PRESENTED BY ----- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqdav Neal Vobe,da Weist Bllo Bradshaw Otis MOTION: I . . • • • - • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HlgOay -Neal ..--. Vobeida -Weist -~ Bllo -Bradshaw -Otis - MOTION: I • • • • • • AGENDA ITEM -~~6.::::a-__ ._ PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQday v Neal I Vobeida I v Weist I Bi to I' Bradshaw -Otis - 33 I • • • • • .. - AGENDA ITEM I/ b ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday -Neal -v Vobeida -tr Weist Bilo - Bradshaw -Otis - MOTION: ~lf'e_; I • • • • - • • AGEND A ITEM II tY: PRESENTED BY ,L!Lf!..~ L-D f) 1-J )o D ROLL CALL Moved Seconded Ayes Nay Absent Abstain v Hlodav Neal I ¥ Vobei d a I WeTst I Rl lo Bradshaw -Otis MOTION: U.UJO/?..oL I • • • • • • AGENDA ITEM PRESENTED BY d ,L L " ';fO"'~ ,?J-~ JJ. l.--~ -cyJ- :/1 I I f M /('0(1L ID .YI~ ~ ~ ~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQday v Neal I Vobeida I (,/ Weist I Rllo Bradshaw -Otis -- M<JriON: a e cJ_ rt u_ I JU"" ~~ r6 a I . • • • • • • AGENDA ITEM ~ PRESENTED BY ~ t do < ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday -Neal Vobeida v Weist v Bllo --Bradshaw -Otis - MOTION: I • • • • • • - PRESENTED BY ~V ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqdav Neal -v-Vobeida -Weist -v Bllo - Bradshaw - Otis - MOTION:~~ I • • • • • • '"''''"'" BY -£ .qo.--o ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqday _1 1/ Neal I yo-Vobe1da _L Weist I Bi lo Ll Bradshaw - Otis I • • • • • • ;3 PRESENTED BY 0 ~ AGENDA ITEH --- -"/LU_oL ~--tL-LLA_./ -r--d.--(/Q--~tV>L~ (J.;v/e_ ;b tiAP<-(fY' ,J '-1-Wu 0 ~"--('_ua-~ {!) ~ -y;iu_"~-~/J_'r' $ ~~_a~ -n.-r i!:u-cL (!)/-&/YL I ~ 'f11:~t6 ~--.J--_ -:6 ~~-~ ~J-~. Moved Seconded Ayes Nay Absent Abstain .!!.!_goay Nea_l_ Vo be_l da We_l_st ~flo Bradshaw Otis MOTIO N: • I . • • • .. • AGENDA ITEM ~ PRESENTED BY ------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain 1.7 Hlodav ~ Neal Vobe-=ida - Weist -v Bllo Bradshaw ..--- Otis - I • • • • • • • AGENDA ITEM I 4 PRESENTED BY ----- 0J~ '6 a~~ ~a_; <-W/YY) c/ ~/~___, t.k c?Au4-0' ~ '-11Ltu!f ~ /; E Dr0/3 ~ UV"--./ ~ __.e. ~ f JY-c-U~ 4 -a -~ ~ a ~ /)/'l~ (fi.Lffl_J ROLL CALL Moved Seconded Ayes Nay Absent Abstain .HIQday Neal Vobeida Wei s t Bl l o Bradshaw Oti s MOTION: I . . • • • • • AGENDA I TEM ----PRESENTED BY ------- el-l -gG, ROLL CALL Moved Seconded Ayes Nay Absent Abstain v Hlodav NeaT ) vobe'ida / WeTst / --Bllo Bradshaw -Otis - MOTION: I . . • • • • • AGE NDA I TEM -----PRESENTED BY -------- a q : (}!) :;-!Yh . ~----------------------------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain H goay Neal Vobeid a Weist Bllo Bradshaw Otis MOTION: I • • • • • • • 0 ~-cL 32oo s~ 0 ood 1ov ~) ~a.;;:~~ 0 I . . • • - • • • • August 14, 1985 City of Englewood City Council We, the undersigned, residents in Englewood in the location of the Englewood High School are very concerned as school is about to begin at Englewood High School. The students at Englewood High School have parked in and around our homes for years, and make the use of our own parking privileges limited and/or non existent. We, the undersigned, are hereby requesting the City Council to take positive steps to protect our rights, to give us access in and to our properties, and to protect our parking privileges in and around our place of residence. OU-~---.I 'cS'J f 0 So /2,.__J~ I a '";) .r. ::z.~\u.Jo r-CJ l ~'c ·('//) I I • I • • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado August 19, 1985 The City Council of the City of Englewood , Arapahoe County , Colorado, met in regular session on August 19 , 1985 , at 7:30 p .m. Mayor Otis, presiding, called the meeting to order. The invocation was given b y Co u n cil Member Higday. The pled ge of allegiance was led by Boy Scout Troop *151 . Mayor Otis asked for roll call. Upon a call of the roll , the following were present: Council Members Higday, Neal, Weist, Bile, Bradshaw, Otis. Absent: Council Member Vobejda . The Mayor declared a quorum present. * * * Also present were: * * * * * * * City Ma nager McCown Assistant City Man ager Vargas City Attorney Olsen Assistant Director of Community Developmen t (Planning) D. Romans Deputy City Clerk Owen * * * * COUNCIL MEMBER BILO MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 5, 1985 . Council Member Ne al seconded the motion . Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Higday, Neal, Bile, Otis . Nays: None. Absent: Counc i l Memb e r Vobejda. Abstain: Counc i l Members Bile, Bradshaw. The Mayor declared t h e motion carried. * * * * * * * • I • • August 19, 1985 Page 2 • • • There wer e no pr e -sch eduled visitor s. * * * * * * * There wer e no o t her vi s itors . * * * * * * * MAYOR PRO TEM BRADSHAW MOV ED TO APPROVE A PROCLAMATION DECLARING THE MONTH OF OCTOB ER, 1 985, AS CO LORADO RECYCLING MONTH. Counc il Me mber Bil o s e conded th e mo tio n . Up o n a call of t he ro ll , t he v ot e re su lted a s foll ows: Ayes: Nays: Absent: Cou n cil Members Higd ay , Ne a l, Wei s t , Bil o, Br ad sh a w, Oti s. None. Cou n cil Member Vobejda. Th e Mayo r d eclared the motion carried . * * * * * * * COUNCIL MEMBER NEAL MOVED TO APPRO VE A PR OC LAMAT I ON DE C LAR I NG THE WEEK OF S EPTEMBER 17 THROUGH 23 , 1985 AS "CONSTIT UT IO N WE EK ." Mayor Pro Tern Bra d sha w seconded the motion . Upon a c al l of t he ro ll , t h e v o te resulted as follows : Ayes : Nays: Absent: Council Members Higday , Neal , Weist , Bilo , Bradshaw, Otis. None. Council Member Vobejda. The Mayor declared the motion carried . * * * * * * * COUNCIL MEMBER BILO MOVED TO RECEIVE A COUNCIL COMMUNICATION FROM THE CHAIRMAN OF THE ENGLEWOOD HOUSING AUTHORITY TRANSMITTING A PRO- POSED AGREEMENT ESTABLISHING THE RESPONSIBILITIES FOR THE CITY OF ENGLE- WOOD AND THE ENGLEWOOD HOUSING AUTHORITY. Mayor Pro Tern Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Council Members Higday , Neal , Weist , Bilo, Bradshaw , Otis • • I • • - • August 19, 1985 Page 3 Nays: Absent: • • • None. Council Member Vobejda. The Mayor declared the motion carried. Council Member Higday instructed City Manager McCown to place this topic on the study session agenda for September 3, 1985. * * * * * * * Consent Agenda items were: (a) (b) (c) (d) (e) (f) (g) (h) ( i) Minutes of the Housing Authority meetings of April 24, June 5, and 26, 1985. Minutes of the Board of Adjustment and Appeals meeting of June 12, 1985. Minutes of the Downtown Development Authority meetings of June 12 and 19, 1985. Minutes of the Board of Career Ser vice Commissioners meeting of June 20, 1985. Minutes of the Planning and Zoning Commission meetings of July 2 a nd 16 , 1985. Minutes of the Urban Renewal Authority meeting of July 3 and 31, 1985. Minutes of the Parks and Recreation Commission meeting of July 11, 1985. Ordinance on final reading to amend the Englewood Municipal Code regarding lost, abandoned and unclaimed property and its disposition and to provide a method for the Englewood Police Department to utilize the monies r e ceived from its sale. (Council Bill No. 40) Ordinance on final reading requiring restitution to be paid by defendants found guilty of damaging or de- stroying personal property or of causing bodily injury or other damages to their victims. (Council Bill No. 44) • I • • • August 19, 1985 Page 4 ( j) (k) • • • Ordinance on final reading to amend the Englewood Municipal Code regarding the offense of harassment in order to conform with recent Colorado Supreme Court decision. (Council Bill No. 49) Ordinance on final reading to approve a request to vacate Miramonte Road (South of West Belleview and Delaware Streets) and retaining a 20' wide utility easement. (Council Bill No. 55) COUNCIL MEMBER BILO MOVED TO APPROVE CONSENT AGENDA ITEMS 9(A) - 9(k). Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Bile, Bradshaw, Otis. None. Council Member Vobejda. The Mayor declared the motion carried. Consent Agenda item 9(h) was numbered Ordin ance No. 48; 9(i) was numbered Ordinance No. 49; 9(j) was numbered Ordinance No. 50; 9(k) was numbe red Ordinance No. 51, all Series of 1985 • • • • • • • • Dorothy Romans, Assistant Director of Community Development (Planning) presented a recommendation from the Planning and Zoning Com- missio n that City Council recei ve its proposed amendments to the Compre- hensive Zoning Ordinance rel ative to auto and recreation vehicle sales and lease lots , gas a nd oil s ervice stations. ORDINANCE NO. SERIES OF 1985 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDIN ANCE AM ENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CIT Y OF ENGLEWOOD , COLORADO, BY REPEALING SECTIONS 16.4 -12 c (4) AUTOMOBILE SALES OR LEASE NOT INCLUDING COMMERCIAL VEHICLE WRECKING, DISMANTLING OR JUNK YARDS; 16 .4-12 c (8) GASOLINE AND OIL SERVICE STATIONS; 16.4-12 c (10) MO TOR VEHICLE SALES OR LEASE; 16.4-2 c (14) RECREATIONAL VEHICLE SALES OR LEASE TO INCLUDE BOATS, TRAILERS, MOTORCYCLES AND OTH ER RECREATIONAL • I • • ( • August 19, 1985 Page 5 • • • VEHICLES; AND ADDING NEW SECTIONS 16.4-12 e (2) SALES LOTS FOR NEW AND USED AUTOMOBILES, MOTOR VEHICLES, RECREATIONAL VEHICLES, BOATS, TRAILERS, OR MOTORCYCLES; AND 16.4-12 e (3) AUTOMOBILE SERVICE STATIONS AND ADDING SECTION 16.4-12 g (2) DEVELOPMENT REQUIREMENTS, SETBACKS. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 50, SERIES OF 1985, ON FIRST READING AND TO SET A PUBLIC HEARING FOR MONDAY, SEPTEMBER 9, 1985, AT 7:30 P.M. Mayor Pro Tern Bradshaw seconded the motion. Council Member Higday proposed amendments to the bill relating to B-2 Zone District. COUNCIL MEMBER HIGDAY MOVED TO AMEND COUNCIL BILL NO. 50 WITH DRAFT #3, DATED 8/19/85 B-2 AMENDMENTS AS RECOMMENDED TO THE CITY COUNCIL BY THE CITY PLANNING AND ZONING COMMISSION IN COUNCIL COMMUNICATIONS JUNE 26, 1985 AND AUGUST 14, 1985. Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Bilo, Bradshaw, Otis. None. Council Member Vobejda. The Mayor declared the amendment carried. Upon a call of the roll, the vote on the orig inal motion re-sulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Bilo, Bradshaw, Otis. None. Council Member Vobejda. The Mayor declared the motion carried. * * * * * * * Dorothy Romans presented a recommendation from the Planning and Zoning Commission that City Council receive its proposed amendments to the Comprehensive Zoning Ordinance relative to its administration; pro- cedures for initial zonings , rezonings; amendments; fences and retaining walls; landscaping; signage; that the City Attorney prepare an ordinance and that a date be scheduled for a public hearing • I • • • August 19, 1985 Page 6 • • • Council Member Higday proposed to amend 16.4-18C (2) (e) (1) Landscape Ordinance a nd presented Draft 12, dated 8-19-85. COUNCIL MEMBER HIGDAY MOVED TO RECEIVE THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION RELATIVE TO CERTAIN AMENDMENTS TO THE CO MPREHENSIVE ZONING ORDINANCE AND REQUEST THE CITY ATTORNEY TO PREPARE AN ORDINANCE THAT INCLUDES DRAFT 12 DATED 8-19-85 TO MAKE IT CONSISTENT WITH PREVIOUS ORDINANCE JUST PASSED. Mayor Pro Tern Br a dshaw seconded the moti on. Council Member Weist noted some contradictions in what per- centa ge of a front lot was supposed to be dedicated to landscaping. It was clarified that Mr. Higday was proposing 80%. Council Member Neal indica te d the amendments were overly re- strictive to be in an ordinance. Mr. Neal thought it was fine for sales lots b ut not for any businesses, and suggested making the amendments into a policy instead where there could be some flexibility for staff. Upon a call of the roll, the v ote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Bile, Bradshaw, Otis. None. Council Member Vobe j d a . The Mayor declared the motion carried. RESOLUTION NO. 31 SERIES OF 1985 * * * * * * * A RESOLUTION ACCEPTING GRANT OF EASEMENT FROM RICHARD T. BICKHARD, JR. AND MARJORIE J. BICKHARD FOR STREET PURPOSES IN CONSTRUCTION OF A CUL DE SAC ON EMERSON STREET AS PART OF PAVING DISTRICT NO. 30. Mr. McCown stated the cost to do this would not be assessed to any other property owners in the paving district. Mr. Neal stated his main concern at the last meeting was that the people in the paving district not bear any additional cost as a re- sult of this cul de sac co nst ructio n. Mr. Neal stated his questions have been satisfied . • I • • - • • • • August 19, 1985 Page 7 COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 31, SERIES OF 1985 . Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Bilo, Bradshaw, Otis. None. Council Member Vobejda. The Mayor declared the motion carried. City Manager McCown noted Swedish Hospital has agreed to the terms of the agreement on the 3400 block of South Emerson Street and has sent a check to the City for reimbursement of expenses. Mr. McCown stat- ed the transmittal letter acknowledges Swedish Hospital will submit a plan for street vacation in the next two years. * * * * * * * City Manager McCown presented a Council Communicat ion from the Parks and Recreation Commission recommending revision of the present park shelter reservation program to require that larger groups of park users obtain park permits. Council Member Higday asked that the subject of charging a fee for park permits be placed on the agenda. ters. Mayor Pro Tern Bradshaw stated the problem was policing the shel- MAYOR PRO TEM BRADSHAW MOVED TO RECEIVE THE RECOMMENDATION. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Bilo, Bradshaw, Otis. None. Council Member Vobejda. The Mayor declared the motion carried. * * * * * * * • I • • • August 19, 1985 Pa ge 8 • • • C i ty Manager McCown presented a Council Commun i cation from the Pa rks a nd Recreation Commission recommending application of the 1985-1986 l o tte ry f unds towards needed projects. COUNCIL MEMBER HIGDAY MOVED TO RECEIVE THE RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION. Mayor Pro Tern Bradshaw seconded the mo ti on. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Higday, Neal, Weist, Bi lo, Bradshaw, Otis. None. Council Member Vobejda. The Mayor declared the mot i on carried. ORDINANCE NO. SE RI ES OF 1985 * * BY A * * AUTHORITY BILL FOR * * * COUNCIL BILL NO. 59 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORD I NANCE CONCERNING WA TER RIGHTS TO, AND THE USE OF, WATER FROM THE DA WS ON, DE NVER, ARAPAHOE, LARAMIE -FOX HILLS; AND DAKOTA AQUIFERS; RE- QUIRIN G DEEDED WATER RIGH TS I N CON NECTION WITH WATER SERVICE CHANGES; REGULATIN G WE LL CO NS TRUCTION ; REPEAL I NG CONFLICTING ORD I NAN CES; AND ES- TABLIS HING AN EFFECTIVE DATE ; AND DECLAR I NG AN EMERGEN CY. COU NCI L MEMB ER HI GDAY MOVED TO PASS COUNC I L B ILL NO. 59 , S ERI ES OF 1985. Coun cil Member Neal seco nd ed t h e mot ion . Upon a call of the roll , the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday , Neal, Weist, Bil o, Br a dshaw, Otis. None. Council Member Vobejda . The Mayor declared the motion carried . • I • - • August 19, 1985 Page 9 • • • MAYOR PRO TEM BRADSHAW MOVED TO SET A SPECIAL MEETING ON AUGUST 29, 1985, AT 5:30 P.M. TO CONSIDER COUNCIL BILL NO. 59, SERIES OF 1985, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Bile, Bradshaw, Otis. None. Council Member Vobejda. The Mayor declared the motion carried. RESOLUTION NO. 32 SERIES OF 1985 * * * * * * * A RESOLUTION APPROVING AWARD OF CHANGE ORDER NO. 3 IN THE AMOUNT OF $103,970 TO LILLARD AND CLARK FOR RELOCATION OF THE CITY'S 16-INCH WATER LINE, CURRENTLY LOCATED IN THE SOUTH PLATTE RIVER AT UNION AVE., AS PART OF THE RIVER RECHANNELIZATION PROJECT. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 32, SERIES OF 1985. Council Member Bile seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Bile, Bradshaw, Otis. None. Council Member Vobejda. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1985 * • * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 58 INTRODUCED BY COUNCIL MEMBER BRADSHAW • I • ( August 19, 1985 Page 10 • • • AN ORDINANCE INCREASING THE MAXIMUM PUNISHMENT WHICH CAN BE IMPOSED IN THE ENGLEWOOD MUNICIPAL COURT BY AMENDING TITLE I , CHAPTER 4, SECTION 1; TITLE VII, CHAPTER lA-2, SECTION C; AND TITLE XI , CHAPTER 1, SECTION lOB, OF ENGLEWOOD MUNICIPAL CODE 1985, AS AMEN DED. City Attorney Olsen noted receipt o f a memorandum from the Court Advisory Co mmittee supporting this bill . Mr . Olse n also noted the memo- randum from the Co mmittee contained rec om me n dati ons to the restitution ordinance . Council Member Neal stated it was dangerous for the Court Ad- visory Committee to offer language to ordinances referring to the resti- tution ordinance . Mr. Neal stated accepting the language would be set- ting a precedent as it was Council's responsibility to word and phrase ordinances. Council Member Higday suggested having the Mayor send out a letter to the Committee on this. Mayor Pro Tern Bradshaw suggested setting up a meeting with the Committee to offer guidelines to follow in their conduct and purpose. Council Member Bilo discussed whether or not the Committee 's should be continued, and asked that this subject be on the agenda for the budget retreat. * * * * * * * City Manager McCown announced the Water and Sewer Board was inviting the City Council to JOln them on their annual trip to Ranch Creek project on September 7th. * * * * * * * Council postponed their decision to appoint either a Council Member or a staff member to the CML policy committee. * * * * * * * COUNCIL MEMBER BILO MOVED TO ACCEPT THE RESIGNATION OF GLENN WADDELL FROM THE COURT ADVISORY COMMITTEE AND THE RESIGNATION OF STEVEN MESA FROM THE ELECTION COMMISSION. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Weist, Bilo, Bradshaw, Otis. None. • I • • ...... ( ( • August 19, 1985 Page ll Absent: • • .. Council Member Vobejda. The Mayor declared the motion carried. • • • • • • • MAYOR PRO TEM BRADSHAW MOVED TO APPOINT STEVEN MESA TO THE PLAN- NING AND ZONING COMMISSION REPLACING GERRY VENARD WHOSE TERM EXPIRES 1987 AND BECOMES VACANT WHEN MR. VENARD RESIGNS AUGUST 21, 1985. Council Member Bilo seconded the motion. Upon a call of the roll, the v ote re - sulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Bilo , Bradshaw, Otis. None. Council Member Vobejda. The Mayor declared the motion carried. • • • • • • • MAYOR PRO TEM BRADSHAW MOVED TO APPOINT GLENN WADDELL TO FILL THE VACANCY ON THE LIQUOR LICENSING AUTHORITY EFFECTIVE IMMEDIATELY FOR A TERM THAT EXPIRES AUGUST 4, 1986. Counc il Member Neal seconded the motion. Upon a call of the roll, t h e vote resulted as follows: Ayes: Nays: Absent: Council Members Higday , Neal, We i st, Bi lo , Bradshaw, Otis. None. Council Member Vobejda. The Mayor declared the motion carried. • • • • • • • Council postponed filling the vacancy on the Housing Authority • • • • * • * • Mayor Otis announced the resignation of Council Member Neal from City Council and certain Boards and Commissions on which he sets effec- tive September 6 , 1985. Mayor Otis stated interviews to fill the vacancy would be conducted September 9, 1985. • • • * * * * • I • • ( ( • August 19, 1985 Page 12 ORDINANCE NO. SERIES OF 1985 BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO •• 1 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 1985 A QUESTION REGARDING REGULATION OF RENTAL HOUSING IN THE CITY . MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO •• 1, SERIES OF 1985 , ON FIRST READING. Council Member Neal sec o nded the motion. MAYOR PRO TEM BRADSHAW MOVED TO AMEND COUNCIL BILL NO •• 1, SERIES OF 1985, BY CHANGING THE REFERENCE FROM "REFERENDUM NO. 2" TO "REFERENDUM NO. 1." Council Member Neal seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Bilo, Bradshaw, Otis. None. Council Member Vobejda. The Mayor declared the amendment carried. Upon a call of the roll, the vote on the original motion re-sulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Bilo, Bradshaw, Otis. None. Council Member Vobejda. The Mayor declared the motion carried. * * * * * * * Council Member Higday thanked Dorothy Romans and Jack Olsen for their work in drafting the ordinance and amendments to the B-2 Zone Dis-trict. * * • * * * * • I • • - ( • August 19, 1985 Page 13 ORDINANCE NO. SERIES OF 1985 BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO. DRAFT tl , DATED 8/14/85 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 1985 A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RE- PEALING ARTICLE XV, ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYS-TEM ACT--1981. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. DRAFT tl, DATED 8/14/85. Council Member Neal seconded the motion. Council Member Neal stated the ordinance was too broad without some sort of substitution for the system. Mr. Neal also thought the timing was incorrect. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: None. Council Members Higday, Neal, Weist , Bilo, Bradshaw, Otis. Council Member Vobejda. The Mayor declared the motion defe ated. ORDINANCE NO. SERIES OF 1985 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. DRAFT tlb DATED 8/14/85 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 1985 A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD AMEND- • I • • ( ( • • • .. August 19, 1985 Page 14 ING THE ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT TO ADD CERTAIN PROVISIONS THEREIN. MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. DRAFT tlB, DATED 8/14/85, SERIES OF 1985, ON FIRST READING. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Bilo, Bradshaw, Otis. None. Council Member Vobejda. The Mayor declared the motion carried. The City Attorney was in structed not to pursue an appeal of the specific language that was written in the above ordinance in district court. • • • • • • • MAYOR PRO TEM BRADSHAW MOVED TO BRING BACK THE COUNCIL BILL CONCERNING RED LINE WHICH BEFORE COUNCIL ON JULY 15, 1985. motion. At the request of Council Member Neal, Ms. Bradshaw withdrew the • • • • • • • City Manager McCown requested an executive session with Council for the purpose of discussing appraisals on the downtown • • • • • • • • Council Member Weist asked for a report on the feasibility and plans for improving and reconditioning the newest nine holes at the mun i cipal golf course. • • • • • • • No further business was discussed. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. There being no further business, the Mayor declared the meeting adjourned without a vote at 9:09 p.m. . J 1 ·-~ • ) I • • • • • ,. • BY M11'HORITY 9 ORDINAN:E oo.Sj. SERIES OF 198_5_ COUNCIL BILL ·OO. 61 lm'ROOOCED BY CCllJOCIL MEMBER BRADSHAW AN ORDINAN:E SUBMITTING TO A \OTE OF THE QUALIFIED ELEX;TORS OF THE CITY OF ENG..DroOD AT THE GENERAL Ml.IUCIPAL ELECTION TO BE HELD ON OOVFMBER 5, 1985 A QUESTION RFXiARDING REXIJLATION OF RENl'AL HOUSING IN THE CITY. ~. THEREFORE, BE IT OR!lr\INED BY THE CITY CCllJOCIL OF THE CITY OF ENG..I:WOOD, COLORADO, AS F~S: Section 1. '!here is hereby sutxnitted to the qualified electors of the City of Englewood at the general municipal election to be held Novanber 5, 1985 the question set forth below in Section 2. Section 2. the voting machines and paper ballots for said election shall carry the following designation, which shall be submission clause: FOR AG!'.INST REFERENDUM 00. 2 Shall the City of Englewood enact a rental housing regulation progrcrn? Section 3. Each elector voting at said election and desirous of voting for or against said question shall indicate his choice by depress ing the appropriate counter of the voting machine which indicates the word "FOR" or "JIG!>.INST" or by appropriate marking upon paper ballots, where used. Section 4. 'lhe proper officials of the City of Englewood shall give notice of said general municipal election, which notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, deteiJI1ined , and certified as required by law. Introduced, read in full, and passed on first reading on the 19th day of August, 1985. 1 • F' 1 I • • ( • • • • Published as a Bill for an Ord i nance on t he 21st day o f August, 1985. Read by title and passed on final reading on the 3rd day of September, 1985. Published by title as Ordinance No. __ , the 4th day of September, 1985. Series of 1985, on Attest: EUgene L. Otl s, Mayor ex off1cio C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Fnglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ord i nance passed on final reading and published by title as Ordinance No. __ , Series of 1985. Gary R. Hlgbee 2 • I • • • • • • • Se ptcnbe r 3, 1985 En~lewood City Council r.en tlene n: ••erc hants located on South !'roadway have formed an Ad Hoc Col11llittee to the Annual Englewood Parade. Its purpose is to organize an Englewood Fall Festival 1·1hich will be an annual event coinciding ~1ith the Parade. 1:e request the City Council approve such an event ••• this year being ~ove nbe r 1, 2, & 3, 1985. Objective s: 1. To unite a ll of do~mt01~n [ngle~10od with Cinderella City r~e rc ha nts .'.ssociation, Engle1·1ood ~011n town Development 1\uthority, En g le~10od Cha mbe r of Co r.u:1 erce, and all service clu bs, suc h as, Sertoma, Shriners, Elks, Lions, etc. 2. To direct attention to the refurbishing of the dovmtown area and the new ad d itions in Cinderella City. 3 roadway will be openin g on fklvember 1 and the South !koad\'Jay li·ghts and trees 1~ill be installe d. (Girard mig ht even be finishe d as "Eng le1·10od Parb~ay"). f,ll this activity will enhance and b rin ~ credi bi lity to t he retail com munity. 3 . To acquaint the pu blic ~ith city officials whose presence would be anticipated at various events during the Festival. (This woul d be an ideal ti me for city officials to make awa rd presentations to the public. THr:-l1LT!f'I\TF PUP.POSF OF ALL THIS ACTIVIT Y: To be nefi t the fonnation of the F.NGLHIOOO CliLTURAL CENTE R. Proceeds for the Center would come from activities taking place during the Festival: Details to be supplied later. /\action Grapho logy Center Games r~usical Entertainment Food Booths • I • • • • ,. • August 19 , 1985 Lawrence Novicky, .X:,#. N~~ Vice Chairperson Englewood Urban al Authority To Mr. Otis, Mayor, City of Englewood Colorado , It is with deep regret that I must sul:rnit my resignation fran the Englewood Urban Renewal Authority effective Sept. 3rd. due to a recent promotion I transfer to Washington D.C. I've enjoyed my tenure with the Authority immensely and wish the City of Englewood and the Authority success in all future endeavors. CC: S . Powers , Dir. of community Development B. Voth , EURA Chairperson '' I I • • n • • • • ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 S . Sherman -Englewood, CO 8 0 110 MINUTES July 10, 1985 Board Memb e r s Present: Coleman, Green, Neal, Owens, Pendleton, Tomooka Board Members Absent: Kaufman, Mausolf, Oswald Staff Present: P. Dietrich Guests and Visitors: Bob Brannberg, Dorothy Dalquist, And y McCown, Susan Powers 9 4· I The r egular meeting of the Englewood Downtown Development Authority was called to order by Chairman Bill Pendleton at 1 2 :2 0 PM on July 10, 1985. The minutes f rom the previous meetings were presented for approval. Ms. Owens moved, second ed by Mr. Tomooka, to approve the minutes f rom the regular meeting on June 12, 1985, and the minu t es f rom the s pecial meeting on June 1 9 , 19R5. The motion was passed unanimously by voice vote. The Treasurer's Feport, dated June 30, 1985 , was not available for this meeting . CHAIRMAN'S REPORT Board Appointments -Mr. Pendleton noted that the reappointments of Barry Coleman and himself 1•ere made by City Council at the J un e 17, 1985 meeting. Mr . Pendleton noted that both he and Mr. Coleman were honored to be reappointed to another four year term of office and t.•ere most anxious to participate in the con tinuing activities of the DDA . Also, the Board received the resignation of Ba rbara Holthaus, effectiv e J un e 12, 1985. Ms. Owens moved, seconded by Mr. Tomooka , to accept, with regrets the resignation of Mr s . Holthaus from the EDDA Board of Directors. Because Mrs. Holthaus has been a Cha rter Member of the DD A, the r e was an exp r essed desire to recogn ize Mrs . Holthaus 's contribution to the downtown Englewood area. A donation will be made to the Ar apahoe Cou nt y 4-H Foundation in her name . • I • • • Page Two Minutes July 10, 1985 • • - ~ Improvements -~ Broadway -A general meeting had been held on Wednesday, July 3, 1985 regarding the placement of trees an<'l lights in the 3300 and 3400 blocks of South Rroadway. Several merchants and property owners were in attendance. The design from EDAW gave the types of trees, placement of trees and lights, and estimated costs of this project. Walt Tomooka expressed a concern as to the spacing of the trees. He felt that they were too close, for when they would eventually grow to full size. The foliage would completely cover any signage on the buildings. It was noted that trees and landscaping alone will not improve the economics of the area. Additional amentitites are also n ecessary, as in the case of Fort Collins, where planters, benches, street graphics, banners, colors, parking st ructures, and lots, and sidewalk improvements were included in an overall public im-provement project. Alsok the City Forester in Englewood and in Fort Collins noted that the ash tree varieties and linden and maple tree varieties are the most successful trees in a sidewalk environment. Ms. Owens moved, second ed by Mr. Green, to proceed with the plans that EDAW and the City of Englewood had presented for the landscaping on South Broadway. Discussion followed. It was noted that hecause trees will probably block some of the signage on the buildings in the next 5-7 yea rs, it was doubly important to provide block signage and street identification for the 3200 - 3500 blocks of South Broadway . Small signs with numbers will not be enough for motorist's recognition of this Trolley Square area. Also, t he addition of a water tap at each tree so that merchants could use the wat e r supply was suggested. This will be looked into as it relates to cost and usage . The question was called. The motion was passed unanimously by voice vote. The Director was instructed to call Dense! Raglund to inform her to proceed with the planning and imple- mentation of these public improvement projects for South Broadway. ~Committee Representative -Mr. Pendleton appointed Ken Mausolf t o be the EDDA representative to the 1985 Englewood Parade on November 2. He had indicated a desire to represent the Authority again this year. I • • • Page Three Minutes July 10, 1985 DIRECTOR'S ~ • • • ~ Approval Information and Update -The Board has received the formal loan agreement from First Interstate BAnk of Englewood. The EDDA attorney has re- viewed this with the recommended changes. Ms. Owens moved, seconded by Mr. Tomooka to adopt the following Resolution: WHEREAS, the addition of landscaping and lights will positively upgrade the image of South Broadway in downtown Englewood, and WHEREAS, the public improvements will coincide with those planned for Trolley Square in the Englewood downtown redevelopment project, and WHEREAS, the public improvements will help promote the economic growth of the downtown area, NOW, THEREFORE LET IT BE RESOLVED that the Board of Directors of Englewood Downtown Development Authority approve the Term Business Loan Agreement of $225,000 from First Interstate Bank of Englewood for the purchase of public improvements inthe 3200 -3500 blocks of South Broadway. The following tersm will apply: an interest rate equal to prime rate, said prime rate to change when and as such prime rate changes; accrued interest shall be due and pauable at 9/30/85 and 12/31/85; at January 1, 1986, the then principal outstanding shall be converted to a term note of five years with principal to be amortized over ten yea rs at an interest rate of First Interstate Bank of Englewood, N.A. prime rate, said rate to change when and as such prime rate changes . Principal plus accrued interest shall be payable quarterly on the last day of each March, June, September, and December of each year commencing Mar ch , 1986, and continuing quarterly thereafter until December 31, 1990, on which last mentioned dated, all r e maining principal and interest shall be due and payable. Ayes: Coleman , Neal , Owens, Pendleton, Tomooka Nays : None Abstain: Green Absent: Kaufman, Mausolf, Oswald Crime Prevention Meetings -There will be two Cr~e Prevention informational meetings on July 18, and July 25 at 8:00AM. at the EDDA offices. Crime Prevention Officer Nancy Hart will make the presentation and be available to answer any questions, comments, or concerns. The flyer was mailed with the City of Englewood Chamber of Co mmerce July newsletter and also distri- buted to the merchants in the downtown area. A follow up reminder will be made during the weeks of the meetings. • I • • • Page Pour Minutes July 10, 1985 • • • ~Dedication Brochure~ Program -The brochure for the tree dedication program will be ready for dtstribution during the week of July 15. We will create more interest in this program with additional publicity and personal contacts with businesses, citizens, and merchants in August and September. Farmers' Market -The first Farmers' Market was held on July 9, 1985 in the parking lot on South Lincoln. As the Farmers' Market continues in this location, we can find out about the impacts to the merchants in the area. En lewood Parkwa Construction Timetable and Detour Schedule -A map of the construction .area with temporary changes in the traffic patterns was dis-tributed during this meeting. Executive Session -The Board recessed into Executive Session at 1:15 PM. The Board came out of Executive Session at 2:15PM. No action was taken. As there was no further business, the meeting was adjourned at 2:16 PM. • I • • • • - MINUTES ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS July 10, 1985 The regular meeting of the Board of Adjustment and Appeals began at 7:35 p.m . MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Seymour, Hallagin, Brown, Lighthall, Ferguson and Fish . Gage . Dorothy Romans, Staff Advisor Mary Alice Rothweiler, Planner I Nancy Reid, Assistant City Attorney Sheryl Rousses, Re cordin g Secretary Chairman Fish called the meeting to order and stated that with six members present, five votes would be required to g rant a variance. BOARD MEMBER LIGHTHALL MOVED THAT THE MINUTES OF JUNE 12, 1985 BE APPROVED AS WRITTEN. Board Member Hallagin seconded the motion . All six members voted in the affirmative, and the Chairman ruled that the Minutes were approved as written . * * * * * BOARD MEMBER SEYMOUR MOVED THAT THE FINDINGS OF FACT FOR CASES 9-85 AND 10-85 BE APPROVED AS WRITTEN. Board Member Hallagin seconded the motion . All six members voted in the affirmative, and the Chairman ruled that the Findings of Fact were approved as written. * * * * * The Chairman open d the Public Hearing for Case No. 13-85. 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 that he had proof of posting and publication. Mrs. Rothweiler stated that the applicants, Gordon Sign Company and Key Savings, for property located at 3501 South Broadway, were requesting permission to replace an existing double-faced illuminated sign with a new double-faced illuminated sign, with new colors and a new logo. The property is in the South Broadway Incentive Area. This is a variance from the Compre- hensive Zoning Ordinance, Section 16.4-11 c {2) (e) (i) {d), Design Guidelines for the Rehabilitation of Existing Buildings in the South Broadway Incentive Area, which says that "Individual letters shall be the only typ e of internally illuminated or backlit sign permitted." It is also a variance from Section 16.4-11 c (2) (e) (ii) (c), which states that the existing sign which is nonconforming in the South Broadway Incentive Area "must be brought into conformance or terminated and cease to exist ..•• whenever there is a request for a permit to change the sign." • 9 8 ( I • • • • • • -2- Representatives of the applicants were called for testimony. Steve Youel , 293 0 West 9th Avenue for Gordon Sign Company, and Richard Blonshine, 5619 South Hillside St reet, for Key Savings, were sworn in for testimony. Mr. Youel said that the Key Savings building in En g lewood is a round building. It is difficult t o put normal signs on a round building , especially in keeping with the ima ge desired by Key Savings . He submit t ed Exhibits I through IV whi c h were photographs of the existing sign and the propo sed sign as installed at o ther Key Savings loca tions. The proposed sign is sm al ler th a n the current sign and is re c tan gular in shape. The conf lict with the Ordinance is the illumination . He displayed a smaller version of th e sign with and without illumination. The co lors were burg undy and white, and he said that the lighting would not be harsh because it is the standard florescent lighting . It is possible to do letter signs whi c h are illuminated, but the round shape of the building precludes that in this location. Mr. Youel said that this property is unique because it is one of the few do wntown properties that have their own parking lo ts. A parking lot allows the installation of a freestanding sign, whi ch is needed in this location be cause the building is round . Mr. Fer gu s on asked if the Code would permit a sign as large as the proposed sign. Mr. Youel said th at the Code would permit a larger sip,n than the proposed sign. Mr. Ferguson said the sign would be mu c h smaller than putting individual letters o n the building itself, and a larger sign would be permitted. Mr. Youel agreed . Ms Lighthall asked why a pillar sign was preferred . Mr. Yo uel said th at individual letters are more expensive, and a greater impact can be c reated with the proposed sig n which would h ave two-way exposure. Key Savings wants the burgundy background for the ima ge of its business. Ms Lighthall suggested tha t the cu rrent blu and white sign is more co nservative in style a nd perhaps more like a bank. Mr. Fish asked if pedestal signs were being installed at all of the Key Savings locations. Mr. Youel said there is one location where it is not possible t o place a freestanding sign, and letters were used against a brick background. The large burgundy background is what Key Savings wants t o be uniform, and its first choice is a pedestal sign. Ms Lighthall asked wh y the blue and white illuminated sign was permitted and the new o n e would not be permitted. Mrs. Romans said that in the Design Guidelines for this district, it is stated that individual letters shall be the only type of internally illuminated signs permitted in the district. The existing sig n is n o n conforming, and the fact that Key Savings is planning to c hange it means that the new sign must conform to the Ordinance. Mr. Youel said that the sign could be installed, but could not be internally lit or flood-lit. There were n o further questions for Mr. Youel. Mr. Blonshine said that he is with Key Savings. He said that the sign mentioned by Mr. Youel in Greenwood Village consists of individual letters against a red brick background. It was decided that the burgundy sign would not stand out from the color of the brick. A round building does not lend itself to individual letters. He said that in his opinion the new sign would upgrade the intersection. Mr. Blonshine said that the treatment of the logo is the important thing in the sign. Black letters would not do as well. The Sign is to be copied for • I • • • • • • -3- letterheads . He felt that th e n ew sign is more a ttra ctive. Mr . Seymour disagreed that the new sign was more a ttractive than the old. He said that there are not signs in the neighborhood whi c h compete with Key Saving s' signs, and it is n o t as ne cessary t o have a striking sign. Mr. Blonshine said that Key Savings wants to be consistent throughout all its branc h es , a n d o th e r bra n c hes are n ot so distinctive as the on e in Englewood. Mr. Brown said that he likes the new sign , a nd asked if the building is to be painted a n d the property landsca ped. Mr. Blonshine said that the bank may relocate in the redevelo pment project, may be sold and the business r elocated outside of the central busin ess district , o r the bank may be razed because of the amount of work required t o upgrade it. Mr. Fer g us o n said th a t he understands that Key Savings is t r ying t o improve its image. En glewood is also trying to improve its image , and that is why th e reg ulatio ns fo r th ese signs in this district were made . He said that Key Savin gs will receive bene fi ts from up g rad ing the image of Englewood bec ause more people will be attracted t o the area . He said that due to the uniqu e building a nd the l oca tion without competing signs , Key Savings does no t n eed a striking sign, and should try putt i n g up a conforming sign . Mr. Blonshine said the present sign is unattractive. Because the building may b e r azed or Key Sa vings may move, Key Savings does not want t o make a third kind of sign for what may be a temp o r a r y use. Th is sign would be expensive a nd of no v al ue if th e business moves ou t of the South Broadway I n centive Area. Mr. Youel said t h e color and size of the sign is n ot the issue. The issue is the i nner illumination . Mr . Blonshine said they might be able t o us e the present sig n with alterations. Mr . Fish said that h e thought the building was going to be torn down . Mr. Blo nshine said that it will not b e required t o be t orn down, but Key Savings may s ell or tear down the building . He said tha t within twelv e months the building will probably no t be the re. Mr. Ferguson said that the sign could be put up unlit, a lthough he und e rstood that a lit sign is more valuable. Ms Lighthall asked why Ke y Savings was applying for a varian ce fo r less than twelve months. Mr. Blonshine said th e sign could be taken with them t o the new loca tion. In addition, Key Savings wants to c reate the image that something is changing at Key Savings in o rd er to share in the progress made in the financial field . There were no further speakers for or agains t the variance. The applicants had nothing further to add. Mr . Ferguson asked what c h ange is being made in the sign. Mrs. Roma ns said that a c h ange in copy is permitted. When the s tructure is chan ged , a permit must be o btained, and that situation is covered in t he regulations whi ch require the sign to be made conforming or to be removed. The Chairman made the Staff Report part of the record . The Staff h ad n o further comme nts. The Chairman closed the Public Hearing for Case 13-85. BOARD MEMBER SEYMOUR MOV ED THAT THE APPLICANTS, GORDON SIGN COHPANY AND KEY SAVINGS, FOR PROPE RTY LOCATED AT 3501 SOUTH BROADWAY, BE GRANTED PERMISSION TO REPLACE AN EXISTING DOUBLE-FACED ILLUMINATED SIGN WITH A NEW DOUBLE-FACED ILLUMIN ATED SIGN, WITH NEW COLORS AND A NEW LOGO, IN THE SOUTH BROADWAY INCENTIVE AREA. THIS IS A VARIANCE FROM THE COHPREHENSIVE ZONING • I • - • • • • -4- SECTION 16 .4-11 c (2) (e) (i) (d), DESIGN GUIDELINES FOR THE REHABILITATION OF EXISTING BUILDINGS IN THE SOUTH BROADWAY INCENTIVE AREA, WHICH SAYS THAT "INDIVIDUAL LETTERS SHALL BE THE ONLY TYPE OF INTERNALLY ILLUMINATED OR BACK-LIT SIGN PERMITTED." IT IS ALSO A VARIANCE FROM SECTION 16.4-11 c (2) (e) (ii) (c), WHICH STATES THAT THE EXISTING SIGN, ~~ICH IS NONCONFORMING IN THE SOUTH BROADWAY INCENTIVE AREA "MUST BE BROUGHT INTO CONFORMANCE OR TERMINATED AND CEASE TO EXIST ..... WHENEVER THERE IS A REQUEST FOR A PERMIT TO CHANGE THE SIGN." Board Member Brown seconded the motion. Discussion followed. The members voted, but befor the votes were displayed, the members ga ve their findings a s follows: Board Member Seymour stated he voted "no " because the sign wo uld not be in keeping with the architecture of the building. Mr . Hallagin voted "yes" because there were special circumstances in that a sign can't be put on the wall, and the sign would be sm aller . The Ordinance would not, in his opinion, be weakened by the Board's granting of a variance. He said it met all four requirements f o r a va rianc e from the Sign Code. Mr. Brown voted "yes" because there is a hardship because of the shape of the building. He concurred with Mr . Hallagin 's reasons . Ms Light hall voted "no " because the round building is distinc tive enough; she liked the old conservative sign, a nd t h e new on e is less attractive . She asked why everyth ing had to match , and said that the purpose of the Broadway Incentive Area would be weakened if the variance were granted. Mr. Ferguson voted "no" because the variance would do injustice to the Incentive Area and to the Code. It might alter the essential character of the district, and would injure the neighbors who cannot back-light signs. Others would want similar variances. Mr. Fish said that the building is unique, and creates a difficulty in putting up a sign. Illumination won 't weaken the Ordinance . He voted "yes". When the votes were displayed, three members (Hallagin, Brown and Fish) had voted for the variance, and three members (Seymour, Lighthall and Ferguson) had voted against the variance. The Chairman ruled that the variance was denied. DIRECTOR'S CHOICE. Mrs. Romans said that it has been decided that the members of Boards and Commissions wh o are normally reimbursed for expenses during each month would no longer receive reimbursement for the month in which they do not attend a meeting. Mr. Ferguson asked if the attorney had given her opinion on giving the Staff Report to the applicants. Mrs. Romans said the attorney would have that report for the next meeting. BOARD'S CHOICE. Mr. Fish invited the Board to his wedding at Grace Lutheran Church near I • - • • • • • -5- Belleview and Clarkson on August 10, at 11:00 a.m. Mr. Seymour said the Englewood Recreation Department would present "The King and I" on August 8, 9, and 10 . The meeting adjourned at 8:35 p.m. Sheryl Rousses, Recording Secretary • I • • • • • .. ENGL EW OO D LI 0UOR LICENSING AUTHORITY Minut es July 24, 1985 The me e ting was c alled t o o rder at 7 :3 0 p.m . by Chairman Styes. PRESENT: Heinle, McLaughlin, Lunders, Styes. ABSENT: One Member due to unfilled vacancy at this time. The Chair declared a q uorum p resen ~. * * * * LUNDERS MOVED, MCLAUGHLIN SECONDED A MOTION TO APPROVE THE MINUTES OF THE MEETING OF MAY 29 , 1 985, AND THE MINUTES OF THE MEETINr, OF JUNE 5, 1985. Ay es: He i nle, McLauqhlin,Lunders, Styes. Na y s: No n e. The Chair declared the motion carried. * * * * The Au t hor itv r e ceive d a le tter f r om Attorne y McKinnon requesting con- tinu an c e of the show c a use h earing on Hild a 's Cafe. LUNDERS MOVE D, MCLA UG HLIN SECON DED A MOT ION TO CONT I NUE THE SHOW CA USE HEARING UNTIL AUGUST 21 , 1985 AT 7:30p.m . IN THE COUNCIL CH AMB ERS. Ay e s: He inle, McLa ughlin , Lunder, Stye s . Nays: None. The Chair declared the motion carried. • * • The Authority discussed he new application submitted by Fair Lanes Colorado Bowling, Inc dba Fair Lanes Belleview, 4900 South Federal Boulevard. The applica ion is for a chanqe of liquor lice ns e from tavern to hotel and restaurant and for a change of own e rship . Attorney Jon Stonbreaker of Dill, Dill, and McAlister wa s present on behalf of the applicant . 9 c I • • ( • • • • Englewood Liquor Licensing Authority J uly 24, 1985 Page 2 LUNDERS MOVED, HEINLE SECONDED A MCJriON TO SET THE BOUNDARIES OF THE NEIGHBORHOOD AS UNION AVENUE ON THE NORTH, BELLEVIEW (AQUADUCI') ON THE SOUTH, SANTA FE ON THE EAST, .l'.ND LOWELL ON THE WEST. Ayes: Heinle, McLaughlin, Lunders, Styes. Nays: None. The Chair declared the motion carried. LUNDERS MOVED, MCLAUGHLIN SECONDED A MOTION TO HOLD THE PUBLIC HEARING AT THE REr,ULAR MEETING ON SEPTEMBER 4 , 1985, AT 7:30 P.M. Ayes: Heinle, McLaughlin, Lunders, Styes. Nays: None. The Chair declared the motion carried. * * * * The Authority reviewed the application from Thorobred Liquors, 5050 South Federal Boulevard for a change of location from Unit #9 to Unit #A7. LUNDERS MOVED, MCLAUGHLIN SE CONDED A MOTION TO APPROVE THE APPLICATION FOR A CHANGE OF LOCATION \HTHIN THE SAME BUILDING AT 5050 SOUTH FEDERAL BOULEVARD SUBJECT TO APPROVAL BY THE ENGLEWOOD BUILDIN G DEPAR'!'MENT AND TRI-COUNTY HEALTH DEPARTMENT AS THE AUTHORITY FINDS THE AP PL ICATION SATI SFIES THE NEEDS AND DESIRES OF THE NEIGHBORHOOD; AND FURTHERMORE, THE AUTHORITY REQUIRES SUBMITTAL OF PLANS FOR REVIEW. Ay e s: Heinle, McLaughlin , Lunders , Styes. Nays: None. The Chair declared the motion carried. The Authority returned the application to Mr. Acosta, the licensee, for the purpose of aMending ques ion no. a--suspension and revocation * * * * The Authority reviewed an application for c hanae of ownership from O 'Re illy 's 90 Hest Belleview. Mr . Lunders noted the rec eipt of verification of corporate s atus was missinq. LUNDERS MOVED, MCLAUGHLIN SECONDED A ~lOTION TO TABLE THE APPLICATION UNTIL PROPER DOCUMENTATION WAS RECEIVED . I • • - ( • • • • Englewood Liauor Licensing Authority July 24, 1985 Page 3 Ayes : Heinle, McLaughlin, Lunders, Styes. Nays: None. The Chair declared he motion carried. • • • • Th e Authority reviewed an applica ion for change of ownership from Engle-wood Liquors, 3434 South Broadway. MCLAUGHLIN MOVED, LUNDERS SECONDED A MOTION TO APPROVE THE CHANGE OF OWNER- SHIP CONTINGENT UPON THE APPLICANT AMENDING QUESTIO N NO. 8--REVOCATION OR SUSPENSION --ON THE APPLICATION POR CLARIFICATION. Ayes: Heinle, McLaughlin, Lund ers, Styes. Nays: None. The Chair declared the motion carried. • • • • LUNDERS MOVED, HEINLE SECONDED A MOTION TO APPROVE THE RENEWAL OF A RETAIL LIOUOR STORE LICENSE FOR OLD TOWN LIOUORS, 1215 EAST HAMPDEN AVENUE. Ayes: Heinle, McLaughlin, Lunders , Stye s. Nays: None. The Chair declared he motion c arried. • • • LUNDERS MOVED, HEINLE SECONDED A •lOTION TO SEND A COPY OF CHAIRMAN STYES' LETTEP ADDRESSED TO MR. KITTEL (SOUTHLAND CORP0 RftTI ON:7-l l STORES) CON- CERNING POSSIBLE VIOLATION OF THF. LIQUOR CODE AT THE STORE LOCATED AT 3 00 SOt.n'H BROADWAY TO POLICE CHIEF HOLMES F'OR F'OLLOI·I UP AND RESPONSE. Ayes: Heinle, McLaughlin, Lunders, Styes. Nays: None. The Chair declared the motion c arried. * The rna er of Casual Lounqe was brouq ht to the a tention of the Authority as i relates to delinquency of sales ax payments and failure o obtain a lie nse to operate a food s ervi c e. • I • • • Englewood Liquor Licensing Authority July 24, 1985 Page 4 • • • LUNDERS MOVED, MCLAUGHLIN SECONDED A MOTION TO DIREcr MR. GRIMM AND MS. CMEN TO CONTACT THE DEPARTMENTS INVOLVED IN THIS MATTER TO OBTAIN DOCU- MENTATION FOR THE AUTH ORITY'S REVIEW AND DETERMINATION IF A SHOW CAUSE HEARING IS WARRANTE D. Ayes: Heinle, McLaughlin, Lund ers, Styes. Nays: None. The Chair declared the motion carried. * * * There being no further business to discuss, HEINLED MOVED, LUNDERS SEC-ONDED A MOTION TO ADJOURN. Ayes: Heinle, McLaughlin, Lunders, Styes. Nays: None. The Chair declared the motion carried. Chairman Styes adjourned the meeting at 8:40 p.m. • I • • - • • • • • CJT ' Or EN GLEIWO D PLAN NJ Nr : AND ZOI\lN G C O~!l'!l SS lO :\ AU$-'U S l 6 , l 9R 5 I. CALL TO ORDER . 9 The rer .ul a r me ring o f the City Planning an d Zo nin r Commis s i o n was c a ll e d to o rder at 7:15 p.m. by Chairman Venard. ~!embers pres nt: B ier, Carson, Sto 1. Mc Hrayer, Ge>urd i n, Allen, \'c a r d . ~ern b rs absent: Ba rbre and Magnuson. Also pr sent: Assistant Director of Community Development Rom a ns Senior Planner Kin g City Attorney Ols n II. APPROVAL OF MINUTES . July 16, 1985 . ' Chairman Venard stated that the Minutes of July 16, 1985, were to be c o nsid red for approval. Carson moved: Allen seconded: The Minutes of July 16, 1985 be approved as written. AYES: NAYS: ABSTAIN: ABSENT: Beier, Carson, McBrayer, Allen, Venard . None . Steel, Gourdin. Barbre, Nagnuson . Chairman Venard ruled the Minutes stand approved as \Hitten. III. CONDITIONAL USE. 4171 South Cherokee Street Chairman Venard asked for a motion t o op n the Public Hearing. Carson moved: McBrayer seconded: The Public Hearing for Case #16-85 be opened. AYES: Beier, Carson, Stoel, McBrayer, Gourdin, Allen, Venard. NAYS: Non . ABSENT: Barbre, Magnuson. The motion carried. Ca se 1116-85 Mr. Venard stated that he had in hand a copy of the Notice of Hearing which was published in the ENGLEWOOD SENTINEL on July 24, 1985, and proof of posting of the property . He called the applicant for testimony and asked if the Staff had anythinr to add to the Staff Report. Mrs. Romans said she had nothing to add. HelEn ~!e adows 4171 South Cherokee Street -was sw o rn in for t stimonv. Mrs. Meadows stated thnt it is nee ssary for her t o support h rself , and sh(• can mak mor mo ney carin r f o r children than at an offi c job which wo uld be difficult for her to cl •t a in bec au s o f h e r ar (55). Mrs. M Adows stated there i a need fnr gn o d da y ca r in o ur n re a an d th a r sh did n o t know tha t perm i~>s io n was ne c l•ssa rv r,, • I • • • • • - -2- run a day care center. She stated that she can do a grea t deal to help children, tea chin g writing , alphabet and preparing them for kindergarten. Mr. Allen asked if it was correct that she was requesting an increase f rom four to eight children . She said that she understood that the Staff had recommended six as the maximum, and that is acceptable to her. Mr. Carson noted the questions of the Fire Department. Mrs. Meadows stated she has an excellent fire alarm. She said there is n o basement in her home, and a new furnace was installed and inspected in April . Mr. McBrayer asked about c hildren having access to the garage. Hrs. Headows said they have no access, it is kept locked and the key is stored in a high place . Mr. Carson asked if there is a playground for the children in the back yard . Mrs. ~!eadows said there is part of a playground. She was in the process of adding equipment when she was told she would have to apply for a Conditional Use, and did not want to spend the money if she were denied. Mr . Ca r son asked about the Doberman Pinscher owned by Mrs . Meadows. She s aid the children do not have access to the dog. When the children are in the hous e, the dog is o utside, but before the c hildren go outside, she puts the dog in t he garage and locks the door . She said that the dog is very gentle with children, and her grandchildren play with the dog. Hr. Venard asked if Mrs . Meadows had read the Staff Report and if she agreed to the conditions as suggested by the Staff. Mrs. Mead ows said "yes ", and agreed to include them in her application . Mr . Allen asked if the six children would improve her situation. Mrs. Meadows said that it would help a grea t deal. Mr. Beier asked if she resides at this address. Mrs. Meadows said she does. Mr. Carson asked if she owns the property; Mrs . Meadows said she ren s, and the owner signed her application. Mr . Beier asked what assurance the Commission has that Mrs. Meadows will stay within the six children limi t. Mrs . Meadows said she is an honest person, and her neighbors watch her very closely. Mr. Allen said that Code Enforcement will also check the property. Gail Ogden 4160 South Cherokee Street-was sworn in for testimony. She presented a petition containing 41 signatures from n i gh bors of Irs. Meadows protesting the possibility of extending the limit for a day ca re center from four children t o from five to twelve. Ms Ogden said that Mrs. Meadows is currently taking care of twelve children including her grandchildren. She knows this because she (Ms Ogden) watches people bring the child ren to the hom e . She said there is a day sleeper nearby who objects to the noise from c hildren before 8 :00 a.m. Double parking is also a problem when child ren are picked up; people also park on the wrong side of the street. This is particularly a problem because there is not a stop sign at the south nd of th block, a nd traffic moves quickly through the neighborhood. Ms Ogden stated that one of the children let the Doberman out and it c hased one of the neighbo rs across the street; therefore, the dog is ou t with the children occasionally . Mr. Allen asked if Ms Ogden had c hildren of her own . She said she does not, but her seven-year-old niece lives with her. She said she does not o bject to the noise of the c hildren, except in the early morning . I • ....... • • • -3- Peggy Grywusiewicz 4133 South Ac oma Street -was sworn in for testimony. She said she lives a couple of blocks away. She is Mrs . Meadows' daughter, and stated that her mother is very good with children who are disturbed by divorce; she teaches them manners and makes them happy. She said that children do make noise; that is normal. The parking in the street is not done by her mother, and her mother should not be denied her livelihood because some people are not parking properly. Mrs. Meadows, in her opinion, is doing a service to the commun ity. Ms Grywusiewicz said that Mrs. Meadows ' rates are very low because she has eight children for whom she is babysit ting. If she is limited to a smaller number of children, the rates will have to go up . Single parents will have to pay more, and that will not be a service to the community. Mr . Allen asked if Ms Grywusiewicz has children of her own. She said she does not, but she does have a Doberman . Mr . Carson asked how large the house is . She said it has three bedrooms and a large living room, dining room and kitchen. She said she spent the day before Easter with her mother helping with the children . They are happy children in her mother's ca re. Mrs . Meadows cares for eight children full time, and has three or four who come some of the time . There wer e no further questions. Barbara Glee 4211 South Pennsylvania Street -was sworn in for testimony. She said she is a client and a friend of Mrs. Meadows'. She has a nine-month-old baby, and Mrs. Meadows has cared for the child for seven months. Mrs. Glee has irregular hours, and appreciates Mrs. Meadows ' accommodating those hours. She does not worry about the child in Mrs. Meadows' ca re. She could not understand any objections from the neigh b ors . She has never parked on the wrong side of the street, but does park in the driveway or in front of Mrs. Meadows' house. Gary Kozacek 1260 West Oxford Avenue -was sworn in for testimony. He stated that Mrs. has been taking care of chil dren for a long time, and there have been no complaints. He can 't see any harm in the present situation. He was concerned about the dog, but if there have been n o complaints, there probably is no harm in the situation. He said he had n o t read the Staff Report. Tina Grywusiewicz 3565 South Cherokee Street -was sworn in. She stated that she is Mrs. Meadows' daughter. The Doberman which belongs to her mother is four years old , and plays with Ms Grywusiewicz's children. The dog is a loving dog, and provides protection for Mrs . Meadows and the children . Mrs. Meadows' day care is a a service to the commu nity. Mr. Allen said he thought that the dog had no contact with the children . Ms Grywusiewicz said that she lived with her mother for a time, and the grand- children play with the dog, but the day care children do not come into contact with the dog. Stanley Munyon 4135 South Cherokee Street -was sworn in for testimony. He said he had lived in the neighborhood for 16 years and owns his own home. He wants to preserve the peace and tranquility of a neighborhood with many retired people who are good neighbors. He feared businesses moving into the neighbo rhood . Mr. Munyon stated that Mrs. Meadows, in his opinion, is not a quiet neighbor. He stated that ther e had been a rock band practicing in the garage . He said he was • I • • - • • • - -4- afraid of the increase in traffic and that the peace and tranquility of the neighborhood will be destroyed . He said the experience with the rock band showed that Mrs. Meadows did not appreciate the t o ne of the neighborhood . For several weeks the bank kept the neighbors from enjoying their back yards and patios; and it was necessary tha t the police be called. He said he is not against children , but "rezoning" the block t o permit the babysitting business is n ot in the best interests of the neig hb o rhood . Mr. Allen asked wha t time the children arrive . Mr . Munyon said they come and go all the time. Mr . Allen asked wh a t t ime }lr. Muny on is bothered by the c hildren. Mr . Munyon said anytime o n Friday, and other evenin gs. He did not know how many c hildren were kept at the house. Mr. Allen said a rock band would be much n oisier than c hildren. Mr . Mun yo n said that the band practi ced for a mo nth befo re it ceased about a week b efore the meeting . Mr. Stoel said the issue is children . He s t ated that Mr . Mun yon does not seem to be opposed to the c hildren , bu t that there is a problem between t he neighbors . }fr. Munyon said that he is opposed to the dis turb a n ce of the peace and tranquil ity of the neighborhood. Mr. Stoel said it is not the children that cause the disturbance, because Mrs. Meadows h as been ca ring for c h ildren for some time. He said the only difference would be that the number of children would be reduced. Mr . Munyon said limiting Mrs . Meadows to six children would not mea n that she couldn 't have more children spread ou t over a day . This will cause traffic problems. Mr. Allen asked wh at the objec t ion is. Mr. Munyon s a i d the increase in traf f ic is not n o rmal t o the neighb orhood . Mr. Allen said six children would no t add much traffic. Mr. Munyon said it wou ld increase the traffic. Mr. Venard said th a t twelve children are being cared for n ow, and a maximum of six children would decrease any problem . Mr. Munyon said that would be an i mpro vemen t. Mr. Ve n ard explained that this is not a rez oning issue. A Conditional Use is a use that is permi tt ed in a district if, after a hearing before the Planning Commission, the use is found not to be a problem to the neighborhood. Caring for no more than four c hildren is permitted in the R-1-C Zone Dis trict . Caring for in excess of fo ur child ren requires the approval of a Conditional Use followin g a hearing . The Staff evaluated the situation and recommend ed that Mrs. Meadows be restricted t o no more than six children . If the use is approved, it is the responsibility of the City and the community to monitor the situation and see that the number does not increase. Mr. McBrayer said that the condition under which th Planning Commission would grant this Conditional Use is that it will be limited only to Mrs. Meadows and be reviewed on a yearly basis. Mr. Munyon said he wanted the babysitting restricted so that the community is not changed . Jack Olsen City Attorney for the City of Englewood -was sworn in for testimony. He said he wished to testify concerning the dog . He said that, as a w1tness, the applicant and neighbors had a right to question him concerning his testimony. He asked that the Commission insure that the children do not come into contact with the dog. He said he spoke with Doberman Societies concerning the dog which recently killed a child in Englewood . The Soci ties stated that Dobermans and unsup rvised children do not mix. Dobermans have been bred for centuries to attack under certain circumstances . They should never be left with unsupervised children . The City of Englewood and the owners permitted the Doberman that killed the child to be tested by lawyers, veterinari- ans, dog trainers and experts in the psychology of animals, who kept the dog I • • - • • • • -5- the entire day , subjec t i n g it to loud noises o f different k ind s . The se peo ple wer e un a b le t o ma ke the d o g attack, and yet the dog h ad killed a n unsupervised c h i l d. He stated that he cannot understand how Mr s . Meadows co u ld c are f o r tw e lve c h i ldren, supervising them s o c l o sely t hat th e y could never come into co nta c t with the dog. He stated that he has r e c e i ved reports that the dog sna r l s at peo p l e go ing by the al l ey. The fen ce does no t seem high enoug h to restrain the dog. Mr. Olsen said that there i s tes t imo n y that the d o g c h a sed a neighbor o ff the property and it seemed a v i c i o us c hase. He stated that the Commission had the right t o add a c ondit i on that the Use is contingent upon the c hildren never being with t he dog , and if that condition is not observed, the Conditional Use would exp ire . This could be accomplished by a pen that is six feet high, and the r e qu i rement that the dog be kept in the pen or the garage. Mr. Carson said there is always a c hance that a c hil d will put i ts h a nd through a fenc e . Mr . Ol sen said that is true, but the dog c ould n o t k i ll the c hild through the f enc e. He said that Dobermans are trained t o attack t he throat. Mr . Beier asked about the liability of the City if the Conditional Use i s g ranted. Mr. Olsen said that the City would probably be lia b le if the Use is granted witho ut a provision for the do g . Mr. Carson said tha t t he zo ne district permits f o ur children who will be in an equal amo unt of danger from the dog and asked if there is an ordinance a gainst a v i c i ous dog being present at a day care c enter. Mr. Olsen said that, while the dog mi ght, in his opinion, qualify as a vicious dog, it is questionable if the Muni c ipal judge would uphold that opinion. He said that it may not be po ss i ble to force the removal of the dog , but its a c cess to the c hildren ca n be f orbidden. He said that the City is no t able t o stop the c aring f o r f our c hildren with the dog in the h ome. The Ordinan c e would permit ticketing vic i o us dogs, but the Muni c i pal J ud ge typ i cally g ive s th e ma ximum of $45 f i nes. Fi rst offenses receive only $25 norma lly . It wo u l d be better to make the restra ining of the dog pa rt o f the Cond i tiona l Us e. He said that sinc e Mrs. Meadows i s wi l ling t o s pend s ome mo ney on the b ac k yard, this mi ght be a goo d inve stment. Pe ggy Grywusi ew i cz r e turn ed t o the po dium say ing that o nly c e rtain Do bermans a re attac k-t r ain ed . Do b errna ns no t s o trained, go f o r feet o r arms. She said th a t n o n eighb o r wa s e ver c hased by the dog . She suggest e d tha t the Do berma n's presen ce i s a pro tec tio n t o the c hildren a nd t o h e r mot h e r. He is no t a v i c i ous d og , but wou ld a tt a c k t o pro t ec t the ch ildren. Sh e s a id th a t bar k i ng does n o t make the dog v i cious. Mr. Olsen s a i d th at the c h i ldre n can be p r otec ted wi th th e addi t ion of the co n dit ion which will insure t hat Mr s . Meadows does wha t s he says she al r eady does by keepin g the d og a n d t he children s e parate. Mrs . Mead ows returned. Mr . Allen stated that the issue is the dog and the children. He asked if she would assu r e the Commission tha t th e d og and the childr en wou l d n e ver come into c ontact . She said that she is very c areful , and none of the c hildren except her g randchil dre n a r e eve r wi t h th e dog . She explained her sch edule , saying tha t becaus e she h a s a r o u tine, b o th the children and the dog have a n oppo r t unity t o be i n the ya r d , but sh will always keep them separate . She sai d tha t th e c hild r en come to her home as ea r ly as six o 'clock a nd begin leavin g a t 2 :30, but a r e always go n by 6 :00 p .m. Mr. Allen asked if she would ac c ep t t h e a dd i tion o f a c ondition st a ting tha t if the c hild~ n wer ever with the dog , t h e license would be sus p nd ed . Sh e agreed that the day care c hildren would n eve r b pe r mitted with th do , but said that her g rand c hildren visiting after 6 :00p .m. wo uld s til l he p r mitted • I • • • • • .. -6- to play with the dog . She stated that she spoke t o her cl ients regarding double parking and parking across the street, and they a g reed t o correct their parking habits. She referred to Mr. Munyon's complaint about the band. She said she asked the neighbors if they objected to the band, and none of them said that they did. They should have told her when she asked, and the band would have stopped practicing . Mr. Allen asked if Mrs . Meadows had considered getting rid of the dog. Mrs. Meadows said that she needs the dog for protection because she is alone at night. He also barks and warns that there might be danger. Mr. Steel asked what the ages of the child ren are. Mrs. Meadows said they are between nine months and four years old. Mr. Venard asked if she would construct a six foot dog run. She said she would do that if the Commission would give her some time to save the money for the run. Mr . McBrayer objected, saying that in his opinion, the Commissio n should only require separation from the c hildren, rather than specifying what the separation should be . Mrs. Meadows said that the present fence is five feet high, and the dog has been trained to never jump any fence. The dog is well trained, was ob edience trained, and will not even go over a chair placed in a doorway. Mrs. Meadows submitted a letter from Mrs. Dell Montgomery, the next door neighbor, saying that the babysitting was not a problem for her and that there had been similar operations in the neighborhood in the past. Ms Peggy Grywusiewicz stated that there is no disagreement to provid ing separation of the children from the dog, but she wanted some assurance that the neighbors would not be persecuting her mother and lying about having seen the dog with the children. She asked that pictures be provided or a City Official witness any incident that would result in the lost of the Conditional Use . Mr. Allen said that he was still worried about the dog, as he would feel responsi- ble if the dog attacked a child. Ms Grywusiewicz said she would also feel responsib le, but the dog and children have been kept separate since the Englewood a ttack several weeks before. Ga il Ogden was recalled. Mr. McBrayer asked if she understood that the application was for a Conditional Use permitted in this zone district. Ms Ogden said she did understand that, and the people who signed her petition also understood that. Mr. Carson noted that Ms Ogden notarized the signatures of all the people signing the petition except her own. tis. Ogden agreed. Mrs. Meadows said that the people who signed the petition were known to Ms Ogden . Mrs . leadows said that Ms Ogden asked Mrs. Meadows' landlord to evict her. She said she has not been a bad neighbor, and she doesn't understand why some of the neighbors are against her. She said that neighbors several houses away are not affected by six children. Mr. Allen said he was concerned about her apparent unwillingness to get rid of the dog. He said that he had no objec tion to the increased numb e r of c hildren, but was con ce rned that th dog might someday get out of th garage when the c hildren were out. Mrs. M adows said that the dog is ne ded fo r protection . She has a routine , and the routine includes play time in the yard for both the children and the dog, and they never mix. Mr. Carson asked if she is the only adult in the home. She said h r son sometimes lives with her, but she is of ten alone at night. Sh said that she is extremely careful with childr n. She was a practical nurs for fif teen I • • • • • .. -7- years. No ch ild has ever been hurt in her car . Mrs. Meadows stated that she is a responsible person and will not permit th do and th child ren to be together. Mr. Allen said that child ren and dogs ar not predictabl He said he was unsure about the possibility of keepin the child ren and dog sepa rate because accidents can happen. Ther were no f urth r questions. Barbara Glee returned for testimony. She testified that the chidren and dog are separated. The dog does bark and growl, but, in her opinion, the problem is that the neighbors are hostile to renters. Mr. Olsen returned to test ify. Mr. Carson asked if Mrs. Mead ows would have to carry insurance to obtain a state license. Mr. Olsen was unable to answer the questions, but thought it unlikely. Mr. Carson said hav ing a dog would probably affect any insurance fo r day ca re. Mr. Allen asked if it were true that if Mrs. Meadows cared for only fo ur children, as permitted under the zoning ordinance, the City would have no responsibility. Mr. Olsen said, in his opinion, the City has the responsib ility to protect children from a vicious dog. He said he was willing t o concede that the dog might be goo d with children, but he asked that one of the conditions attached to approv al of the Conditional Use be that t he dog and children be separated. Mr. Stoel asked if this would open Mrs. Meadows to harassment from the neighbors. Mr. Olsen said that any complaints would be handled as evidence at a hearing before the Commission or the Court. He was more concerned with protecting the children. He said that the Staff would monitor the situation, and that under Mrs. Ro mans the case would not be brought before the Commission without substantiation. There were no f urther questions, or comments for or against the Conditional Use . Carson moved: Stoel seconded: The Public Hearing for Case #16-85 be closed. AYES: NAYS: ABSENT: Beier, Carson , Stoel, McBrayer, Gourdin, Allen, Ven a r d. None . Barbre, Magnuson . The Chairman ruled that the motion carried . The Commission agreed to add the fifth condition , separatio n of the dog and the day care children to the condi tio ns listed in the Sta ff Report. Stoel moved: Carson seconded : That a Conditional Use be granted at 4171 So uth Cherokee Street permitting a day care center . The following conditions are made: l . 2 . 3. 4 . Mrs. Meadows have no more than six (6) child ren in her care. There be an annual review of the Conditio nal Use . Mrs. Meadows be issued the required Stat e license(s) before she increases the number of c hildren and that the facilities meet all applicable City Codes a nd Ordinances. The Conditional Use be gr anted t o Mrs. Meadows only, and not to run with the subject property . • I • • { • • • • -8- 5 . Th e do g will not be allowed to be with the c hildren in Mrs. Meadows' care at any time . I f the dog is found to be with the children, the Conditio nal Use c an be revoked. Discussion followed. Mr. Beier stated that, in his opinion, it would be impossible to enfo rce the fifth condition. Mr. McBrayer said that a Conditional Use permits the Commission to decide each case. There is no right to run a day c are c enter for more than four children. The Commission should consider the impact on the neighborhood. Building Codes c ha nge if more than six children are permitted . He said that Mrs. Meadows s e ems qualified, but there are variables, including the dog and the attitude of the neighborhood. Mr. Allen said that he would require the dog to be given away befo re he could vote for the Conditional Use. Mr. Gourdin said that he would not be opposed to day care in the ne ighborhood, but would recommend a do g run. Mr. Allen thought a dog run wo uld be mo re dangerous than the garage. Mr. Stoel pointed out that if only four children are in the cente r, the r e will be no controls at all on the dog. Mr. Carson said that do g s d o no t belon g at day care centers . Upon a call for the question: AYES: NAYS: ABSENT: Steel, Gourdin, Venard. Beier, Carson, McBrayer, Allen. Barbre, Magnuson. The Chairman ruled that the Conditional Use in Case #16-85 was denie d. IV. PUBLIC HEARING-. Master Street Plan Postponed. v. APPROVAL OF FINDINGS OF FACT. Ca se 111 8-85 Ca s e 1115 -85 J u ly 1 6, 19 85 -Co mprehe nsive Zoning Ordinanc e Amendme n ts. Mc Br ayer moved : Ca r son seconded : The Findings of Fact fo r Case #15-85 , Comp r ehensive Zoning Amendments be approved as wr itten. AYES : Beier , Carson, McBrayer , Allen , Vena r d . NAYS: None . AB STAIN : Steel, Gourdin . AB SENT : Magnuson , Barbr e. The Chairman ruled that the Fin dings of Fa c t fo r Ca s e #15 -85 were approved a s writt en . VI . MEMORAND UM ON DE~SITY LEVELS . Mr s . Romans said that the Memorand um h ad been placed in the packets for the Commission 's informat ion. Oth er stud ies wi ll b e availa bl e a nd added at a later date . • I • • • • • - -9- VII. Public Forum. Mr. Oliver Yeo expressed his concern that the sewage treatment plant is reaching capacity. He said the odor problem is severe, and any enlargement would increase that odor because technology has not progressed. He also suggested that water be removed from the Platte River further upstream where the pollution is not as heavy. He suggested that a partnership be arranged with Denver . He said the chemicals necessary to purify the water are so strong that the water is undrinkable. VIII. DIRECTOR'S CHOICE. Mrs. Romans said that the City Council met on August 5, 1985. Councilman Higday expressed his thanks to the Planning Commission for the work on the Comprehensive Zoning Ordinance, especially on the B-2 Business District. The Council has not yet set a date for a Public Hearing, and the matter has been tabled until Au gu st 19. At the request of the Commission, the City Council will meet with the Planning Commission after August 27. Two topics on the Agenda for the meeting between City Council and the Planning Commission will be the Trash Report and Redlining. Mr. Beier asked for background information on redlining. Mrs. Romans said the issue is how to preserve and protect the single-family residence areas . The Comprehensive Plan and Zoning Ordinance may be tools that can be used to preserve those areas. Mrs. Romans asked if all the Commissioners had a copy of the Comprehensive Plan, and no one said he did not. Mr. Stoel asked what problem had prompted the redlining. Mrs. Romans said that it may have been in response to some developers who request rezonings anytime there is a possibility of putting parcels of land together. Mrs. Romans said the tour of Englewood may be repeated September 14 or 21. Mr. Carson said he would like to see the houses to be annexed on Tufts Avenue. Mr. Carson, Mr. Gourdin, and Mr. McBrayer said they would be interested in a tour. Mrs. Romans said she wrote a thank-you note to Unique Mobility thanking them for their hospitality. Mr. Carson asked that the City Attorney check with the State Licensing Authority to find o ut what the requirements are for child care centers, particularly in regard to insurance. IX. COMMISSION'S CHOICE. Mr. Allen stated that he had attended the City Council meeting on August 5, and the Council had not voted to put the trash question to a vote of the people. He stated that the public is not well enough informed to make such a decision. He said he would prepare a presentation to City Council, but needs the help of the Committee and asked that the members stay after the meeting to work on the report. X. ADJOURNMENT. The Meeting adjourned at 9:25 p.m. Shery~es, Recording Secretary • I • • • • .. • 9 F . BY A!JI'HORITY '..::_1 ORDINAOCE 00~ SERIES <F 1985 COUNCIL BILL NO. 58 INTROIXX::ED BY COUOCIL MEMBER BRADSHAW AN ORDINAOCE IOCREASING THE MAXIMU1 PUNIS1-1'1ENT WHICH CAN BE IMPOSED IN THE ENGLI'l'JOOD MUNICIPAL COURT BY AMENDING TITLE I, OiAPI'ER 4, SEl::TION 1; TITLE VII, CHAPI'ER lA-2, SEC'riON C; AID TITLE XI , CHAPI'ER 1, SECTION lOB, <F ENGLI'l'JOOD MUNICIPAL CODE 1985 , AS AMENDED. WHEREAS, the Colorado Court of Appeals, in the case of Martinez v. Kirbens, No. 83CA1357, CA ; P .2d , (decided June 6, 1985), held that aliiiiiicipal court may not imp:>se a sentence of probation for any longer term than the length of imprisonnent that could otherwise be imp:>sed for the sane municipal ordinance violation; and WHEREAS, it is deened necessary by the Englewood City Council to provide the Englewood Municipal Court Judge with authority to imp:>se a sentence to probation in excess of ninety days by increas- ing the maximll!l punis!-ment the Municipal Court can imp:>se; 1<0-1, THEREFORE, BE IT ORJ:lii.INED BY THE CITY COUOCIL <F THE CITY OF ENGLEloJOOD, COLORAOO: Section 1. That Title I, Chapter 4, Section 1, Subsection A, of Englewood Municipal Code '85 is hereby amended to read as follows: 1-4-1: GENERAL PENALTY A. It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code or any secondary code adopted herein, and lotlere no specific penalty is provided therefor, the violation of any provision of this Code or of any secondary code adopted herein shall be punished by a fine not exceeding ~ AI:IA8~ eeUaEs ~~991-FIVE HUNDRED DOLLARS ($500) or imprisorment for a term not exceeding MR~y f991-ONE HUNDRED EIGiTY (180) days or by both such fine and imprisorrnent. ~Re iiRI91iR4; e i &YeR HRe &~; t.eBII 9.f &YeR ~PEi&eH~~eR4; ~ Ee&4; wi~RiR 4;Ae 84seEeeieR 9.f 4;Ae -*'.i,paol, ~ The imp:>sition of one penalty shall not excuse any violation nor permit it to continue. Unless otherwise indicated, a separate offense shall be deaned ccmnitted upon each day or portion thereof during or on which any violation of any provision of this Code or any secondary code adopted herein occurs or continues. 1 • I • - • • • • - ANY OTHER PROVISION OF 'lliE ENGL&IOOD MWICIPAL CODE 1985 OR ANY SEX::ONDI'.RY CODE AOOF'l'ED THERmY WHICH CONFLICTS WITH 'lliE PROVISIONS OF THIS SEX::TION ARE HEREBY AMENDED TO · CONFORM TO '!liE PROVISIONS OF 'lliiS SEX::TION UNLESS SOCH O'lliER CODE SEX::TION PROVIDES FOR A SPEX::IFIC PENALTY. Section 2. '!hat Title VII, Chapter !A, Section 2, Sub- section C. of Englewood l'llnicipal Code 1985 is hereby amended to read as follows: 7-lA-2: RUNNING AT LARGE PROHffiiTED C. Penalty. Any owner or person found guilty of ~r; 8fiMJ H ea' violating any provisions of this Section shall, upon the first conviction, be subject to the payment of a fine of not less than fifteen dollars ($15); upon the second and subsequent conviction shall be fined a Simi not less than twenty-five dollars ($25) nor more than one hundred dollars ($100); and upon the third and subsequent convictions shall be fined an amount not less than one hundred dollars ($100) nor more than 4!Ar:ee lwR8r:eS de*~ ~1-FIVE HUNDRED DOLLARS ($500) and be subject to not more than ~y ~ ONE HUNDRED EIGHTY (180) days in jail, or both such fine and imprisorment. Section 3. 'lhat Title XI, Chapter 1, Section 10, Subsection B, of Englewood l'llnicipal Code 1985 is hereby amended to read as follows: ll-1-10: PENALTIES: 'lhe following penalties, herewith set forth in full, shall apply to this Chapter: B. Every person convicted of a violation of any provision stated or adopted in this chapter shall be punished by a fine not exceeding ~r:ee A~Rir:e& ~fi& ~1-FIVE HUNDRED DOLLARS ($500) or by imprisorment not exceeding ~y f9G-t ONE HUNDRED EIGHTY (180) days or by both such fine and imprisorment. ANY OTHER PROVISIONS OF 'lliE ENGL&IOOD MlNICIPAL CODE 1985 OR ANY SEX::ONDI'.RY CODE AOOF'l'ED THERmY WHICH CONFLICTS WITH THE PROVISIONS OF 'lliiS SEX::TION ARE HEREBY AMENDED TO mNFORM TO 'lliE PROVISIONS OF 'lliiS SEX::TION UNLESS SOCH OTHER CODE SEX::TION PROVIDES FOR A SPEX::IFIC PENALTY. Introduced, read in full, and passed on first reading on the 19th day of August, 1985. 2 • I • • - • • • • Published as a Bill for an Ordinance on the 21st day of August, 1985. Read by title and passed on final reading on the 3rd day of September, 1985. Published by title as Ordinance ~. __ , the 4th day of September, 1985. Series of 1985, on Attest: Ellgene L. 0t1s, Mayor ex off1c1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of F.hglE!IIIOOd, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance ~. __ , Series of 1985. Gary R. H1gbee 3 • I . - ORDINAN.:E 00~ 4 SERIES OF 1985 • • - BY AtrrHORITY COUNCIL BILL NO. 60 INI'RODOCED BY COU!CIL MEMBER BRADSHAW AN OROINAN.:E SUBMITTING TO A \QTE OF THE QUALIFIED ELEX:TORS OF THE CITY OF ~ AT THE GENERAL MUNICIPAL ELFX:TION TO BE HEW ON OO~ER 5, 1985 A PROPOSED AMENDMENl' TO THE CHARTER OF THE CITY OF ~ AMm>ING THE ENGLElolOOD FMPLOYEE REIATIONS AND CAREER SERVICE SYSTFM lCr TO ADD CERTAIN PROVISIONS THEREIN. WHEREAS, certa i n provisions of the Career Service System Act have been interpreted so as to create confusion and concern as to their meaning; and WHEREAS, it is fundanental to the Career Service System that its provisions be clear, conci se and not subject to diverse interpretations; N:M, THEREFORE, BE I T ORDIUNED BY THE CITY COUlCIL OF THE CITY OF ~OOD, COLORADO : Section 1. There is hereby subm i tted to the qualified electors of the City of Englewood at the general municipal election to be held Novanber 5, 1985 a proposed anendment to the Olarter o f the City of Englewood, as follows: That effective Unmediately upon approval of the qualif i ed electors of the Ci ty of Eng l ewood, and the certificati on thereof to the office of the Secretary of Stat e of Colorado, pursuant to provisions of the Colorado Const i tut i on and the Colorado Rev i sed Statutes, the Home Ru l e Char t er of the City of Englewood i s amended as follows: Section 137:5 (b) i s amended to add the following non-negotiable subj ect o f c ollective bargaining: 137:5 SUBJD:TS FOR C~IVE BARGA.INING (b) "all assigrrn ent and scheduling (W'Iich s ub ject is the City 's exclusive right)." Section 2 . The voting machines a nd paper ballot s f or said election shall carry the following designation , which shall be the submission clause: 1 9 G . ~~~-·----~----------~----~~·--~~---~~---~~.Jn I • • - ( • • • • • FOR A~INST J\MFl01E:m' 00. 1 11mending the Olarter of the City of J:hglewood, Section 137:5 (b) to add the following non-negotiable subject of collective bargaining: "All assigrment and scheduling (lilhich subject is the City's exclusive right)." Section 3. The proper officials of the City of Englewood shall g1ve notice of said general mmicipal election, which notice shall be published in the manner aoo for the length of time required by law, aoo the ballots cast at SllCh election shall be canvassed and the result ascertained, deteDnined, and certified as required by law. Introduced, read in full, aoo passed on first reading on the 19th day of August, 1985. Published as a Bill for an Ordinance on the 21st day of August, 1985. Read by title and passed on final reading on the 3rd day of September, 1985. Published by title as Ordinance No.~~. Series of 1985, on the 4th day of September, 1985. -- Attest: &Jgene L. 0t1s, Mayor ex off1cio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above aoo foregoing is a true, accurate aoo canplete copy of the Ordinance passe;!_ ,Cfl final reading and published by title as Ordinance No.~· Series of 1985. Gary R. Higbee 2 • I • • C 0 U N C I L DATE August 26, 1985 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM 1/d SUBJECT Fair l.aJ:x)r Starrlards Act INITIATED BY ~1 BeVirt, Dtployee Relations Director ACTION PROPOSED A resolution supp:>rti.nq Federal legislation tbat will revitalize the principles of States rights as established by the Tenth Al!!errl!rent to the Constitution and 1 islation that would 1 Fair Labor Starrlards Act. The SUprare Cburt' s recent decision in the case of San Antonio Mass Transit Authority v. Garcia reversed precedent and held that the Tenth Arrend!rent does not bar a pplication of the Fair Labor Staroards Act (FLSA) to traditional function of State and Local goverrurents. • Beginning October 14, 1985 , the Depart:Jrent of Labor will begin enforcerrent of the FLSA against State and !neal goverrrnents retroactive to April 15, 1985. In order to cooply with the various provisions of the FLSA, as we reM unders tand them, the City of Englewood will spend an additional One Hundred Fifty thousand dollars ($150,000) in overtilre carpensati on for opera tion that will be affected . These costs do not include the trenerrlous additional record keep ing responsibi lities or the loss of flexibility the City and its emplo yees have enjoyed in the past with regard to such things as carpensatory time-off in lie u of overtilre pay, call-back. and stand-by pay , and outside employnent provi sions. It is therefore inp:>rtant , that the City of Englewood formally CCJT'Irunicate its objection to the SUprare Cburts decision in the Garcia case and furthernore, that the City supports Federal legislation exempting State and Ux:al governrents fran coverage under the Fair Labor Standards Act and that the freedans guaranteed to the States by the Tenth J'lrrerdrrent be retained. • I • • • • • • RESOLt.JriCN 00. ~ ~ SERIES OF 1985 __ _ A RESOLUTIOO SUPPORTING FEDERAL LEX:>ISLATICN THAT WILL RE.VITALIZE THE PRINCIPLES OF STATES RIGHTS AS ESTABLISHED BY THE TEm'H AMENDMENr 'ID THE CXNSTI'IUriCN AND LEXiiSLATICN '!HAT \'OJLD EXEM'T STATE AND lOCAL G0\1ERNMFNI'S FOCM CXJVERAGE UNDER THE FAIR LAOOR STANDARDS lCr. Wf!EREAS, the City of ~lewood has historically held that the Federal govenment IlUSt not violate the basic integrity of the City and its freedan to nanage its own affairs, and 'VHEREAS, l'¥)!)etheless the Congress has enacted the Fair Labor Standards .Act anendments v.hich extend the .Acts coverage to City errployees, and \'IIEREAS, the City of ~lewood in holding that these anendrrents to the Fair Labor Standards Act violate basic constitutionally guaranteed freedoms and therefore will contest the constitutionality of these airel'ldrents and supp:Jrt legislation that will revitalize the principles of the Tenth lll!endlrent to the Constitution, and \'liEREAS, the application of the Fair Labor St.armrds Act anendments will have a severe inflationary in;>act on the City of Englewood and its Citizens v.hich are already under econanic duress, and \'IIEREAS, the Al'nerlanents \O.lld limit the flexibility of the City of Englewood and its public errployees to negotiate mutually advantageous contractual agreerrents, NCM, THEREFORE, BE IT RESOLVED BY THE CITY ~IL OF THE CITY OF ~' O)L()RADO: 'lhat the City of ~lewood hereby strongly urge the Congressional Representatives of the State of Colorado supp:Jrt legislation guaranteeing freekm of States rights as provided by the Tenth J\lrenlrrent of the Constitution, and '!hat the Congressional Representatives of the State of Colorado support legislation anending the Fair Labor Standards Act to exerrpt State and Local govenments. AOOPI'ED AND APPRJVED this 3rd day of Septerrber, 1985. Eugene L. otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of ~lewood, Colorado, hereby certify the foregoing to be a true, accurate, and crnplete copy of Resolution No. __ , Series of 1985. Gary R. Higbee • I • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N AGENDA ITEM !16 SUBJECT Bid Award Fire Department Breathing Air CompresE~r DATE August 26, 1985 INITIATED BY James Broman Fire Chief ACTION PROPOSED City Council approves the awarding of the bid for a mobile breathing air compressor, to the low bidder, Eagle Air Systems, , in the amount of $21,806.10. • For several years, the fire department has been concerned about our limited ability to deliver adequate quantities of purified breathing air at the scene of a fire or hazardous materials incident. A number of spare air cylinders are carried on the apparatus, but space limi- tations prohibit carrying a greater number. Our present compressor is 12 years old and is strictly a fixed installation. When we run out of spare cylinders at an incident scene, we must begin shuttling cylinders to the compressor site, which is a time consuming and gener- ally inadequate process. A typical residential fire will exhaust our present supply and any larger incident presents serious problems. In the 1985 budget, $20,000.00 was budgeted to purchase a mobile breath- ing air compressor. Six bids were received on June 24, 1985, ranging from $21,806.10 to $32,998.00. It is my recommendation that the award be made to the low bidder, Eagle Air Systems in the amount of $21,806.10. Delivery is approximately 60 days. • I • • • • • . . C 0 U N C I L C 0 M M U N I C A T I 0 N DATE August 27, 1985 AGENDA ITEM SUBJECT OVERLAY PROGRAM 1 985 1/d- INITIATED BY Engineering Services Department ACT I ON PROPOSED Award of construction contract for Overlay Program 1 985 BA CKG ROU ND Overlay Program 1985 is a part of the City 's annual maintenance program for streets that have previously been constructed to City standards and are now in need of an asph altic concrete overlay to improve structural quality and rideability and extend the streets ' projected service life. The 1985 program, as bid , con sists of a 1~-inch overlay on a pproximately 18 blocks of Englewood Streets. FINANCIAL The costs for resurfacing under Overlay Program 1985 are borne by the Ci ty through monies b udgeted in the PIF (includes Arapahoe County Road & Bridge Fund monies). ESTIMATED EXPENDITURE AVAILAB LE FUNDING Con struction per bid $1 02 ,186.40 PIF $136 ,900 * RECOMMENDATION Seven bids we r e received for the construction fo Overla y Program 1985 , as follows: Evans Paving (RKS Industries, Inc .) Bituminous Roadways Western Pavi ng Construction Co. Kiewit Western Siegrist Construction Asphalt Paving Co. Colorado Seal & Stripe The engineer's estimate was $120,50 0 .00. $102 ,186.4 0 104 ,806.00 107,385.80 112,240.00 112,625.00 116,145.00 127,411.00 ;.('The remaining $34 ,000 will be used for construction i mprovemen ts at the Dartmouth/ II S hoshone railroad crossing . • • I • • (( • • • • . . -2- We recommend that the construction of Overlay Program 1985 be awarded to the low bidder, Evans Paving (RKS Industries , Inc.) in the amount of $102,186.40. Evans Pav ing is a well -established firm presently under contract with the City in the construction of Paving District 30. PK/lo SUGGESTED ACTION: MOVED BY SECOND YES NO _ABSENT • I • • ( • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE August 28, 1985 AGENDA ITEM II~ SUBJECT Bridge Deck Repairs and Overlay INITIATED BY Gary Diede, Engineering Services ACTION PROPOSED ______ R_e_c~omm __ e_n_d_a_w~a_r_d __ o_f_B_r_i_dg~e __ D_e_c_k_R_e~p_a_ir_s __ a_n_d_O_v_e_r_la~y~---- Project to Thomasson Construction Company for the low bid of $70,760.90. BACKGROUND Th e condition of the concrete bridge decks on Uni on Avenue Bridge over the South Platte River and Logan Street Bridge over Little Dry Creek has been steadily deteriorating and requires rehabilitation to extned the useful life of these bridges. The deteriorat ion is mainly a result of corrosion of the steel reinforcement caused by salt infiltrating the concrete . A cost effective metho d of r epai r involves the removal of areas of unsound concrete and the placeme nt of a de nse concrete overlay to cover the entire deck. This method should prevent salt from reaching the level of steel reinforcement and provide a smooth and structurally sound surface for many years. FINANCIAL On August 26, at 2:00p.m. the public competative bids were opened for the Bridge Deck Repair and Overlay project. Two bids were received as follows: 1. Thomasson Construction Company $ 70,760.90 2. Kiewit Western Company $148,000.00 Engineers Estimate $58,139.00 Total Project Funding Available in PJF $75,000.00 Construction per low bid $70,760 .9 0 Construction of reusable barricades $2,900.00 Chemical Analysis of Concrete Decks $300.00 Contingencies $1,039.10 * TOTAL $75,000.00 • I • - • • • • • * Although the contingency appears low, the extent of concrete removal was conservatively estimated, and the contractor will be paid for the amount actually removed which can only be determined after ex- ploratory digging. REC<M1ENOATION The highly specialized nature of the work limits the number of contractors qualified to perform the work, which may be the reason for only two bidders. Although the low bid is higher than the Engineer's estimate, we feel that due to the relatively small size of the project, and the fact that the bridges are located in two different parts of the City, apparently influenced the unit prices more than we had anticipated. · If we were to rebid next spring, the contract could result in additional concrete removal and replacement caused by increased corrosion of the reinforcing steel and the potential exists for a higher "low bid." Therefore, we recommend that the Bridge Deck Repairs and Overlay be awarded to Thomasson Construction Company for $70,760.90. Thomasson Construction is an established firm with an excellent reputation in Colorado. They were highly recommended by the Colorado Department of Highways for their work on bridge deck rehabilitations . • I • • - • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE August 28 , 1985 AGENDA ITEM SUBJECT II/ v . 1 N 1 T 1 ATED BY Engineering Serv~ces Department Belleview Park Tennis Court Caisson Walls ACT! ON PROPOSED Award of construction contract for Belleview Park Te nnis Co urt Caisson Walls BACKGROUND Numerous cracks have developed in the a sphalt tennis court surface and parking lot off Inca Street at Belleview Park. Soil creep and settlement of the unrestrained fill comprising the subgrade of the tenni s court s and adjacent slopes were cited as the cause of the tennis courts cracking by a soils consulting engineer hired to assess the problem. The two alternative methods reco mmend ed by the soils engineer to control lateral movement, thus c rac k ing , are as f o llows : 1) Construction of a rigid, gravity-type retaining wall approximately 240 feet in length . 2) Construc tion of a series of reinforc ed conc rete c aissons closely spaced t o a pproximate a retaining wall . The second alternative has been se lected because of a substantially lower cost and the ability to restra~n movement t o a degree appropriate for the problem . The work will involve drilling and installing 62 reinforced concrete caissons in a row along the west tennis court pathway. FINANCIAL Bids for this project were solicited from four recommended drilling and caisson contractors. Three bids were received as follows: 1) L.M.S. Drilling, Inc. $ 9 ,4 81.00 2) Professional Hole Drilling 11,472 .25 3) Coggins & Sons Caisson Dri lling 12,746.60 Engineer's Estimate 9,000 .00 Total Lottery funds available --------------------------------$15,000 .00 • I • • Construction per low bid Soils Engineer's fee Fence removal & replacement Contingency Total RECOMMENDATION -2 - • • • $9 ,481.00 2 ,059.75 900.00 2,559.25 $15 ,000.00 We recommend that L.M.S. Drilling, Inc., the firm recommended by J .C.R. Consul - tants , Inc. (the soils engineer for this project) be awarded the Caisson Retaining Wall at Belleview Park Project for the low bid of $9 ,481.00 . RS/lo SUGGESTED ACTION: MOVED BY ______________________________ _ SECOND _______ ---------- i YES ______________ NO ____________ ~~·BSENT __________________________ _ • • I • • • • - II~ BY AUTHORITY OROINMCE 00. SERIES OF 198_5_ COUNCIL BILL NO. 63 Im'RODOCF;D, BY COUOCIL MFMBER --u HLR 1,-i(J...,. A BILL FOR j FOR AN OROINAN:E AMENDI NG THE CCMPREHENSIVE ZONING ORDINAN:E, SOCTION 16.2, ADMINISTRATION OF THE ORDitWCE; SOCTION 16.3, PROCEDURES FOR INITIAL ZON ING OF PROPERTY, REZONING, AND CHANGES AND AMENDMENTS TO THE ORDINANCE; SEX::TION 16.4-17, FEN:ES AND RETAINING WALLS; SECTION 16.4-18, I:ANDSCAPE OROINMCE; AND SOCTION 16.4-19, SIGN CODE. WHEREAS, after Not ice of Hearing p.Jblished in the Englewood Sentinel on July 3, 1985, the City Planning and ZOning Oommission held public hearing on certain proposed changes to the Comprehen- sive Zoning Ord inance on July 16, 1985 ; and WHEREAS, the City Planning and Zoning Oommiss i on recarrnended to City Counc il after the public hearing that the proposed revisions to the Comprehensive Zoning Ordinance, as approved by their motion, be adopted; OCW, THEREFORE, BE IT ORO\INED BY THE CITY COUOCIL OF THE CITY OF EliiGLEl'JOOD, COLORADO, that : Section 1. Tha t Section 16 .2-8 Jurisdiction of the Board is hereby emended by adding a new Subsect10n b (1) (c), relat1ng to variances, to read as follows: 16.2-8 b (1) (c). IN PASSING UPON VARIAN:ES TO THE SIQl CODE , SOCTION 16.4-19 OF THE CCMPREHENSIVE ZONING ORDINAN:E , THE BOARD OF ADJUS'IMENT AW APPEALS SHALL DETERMINE THAT : ( i) THERE ARE SPECIAL CIRClJ1STAOCES OR CONUITIONS SUCH AS THE EXISTEN:E OF BUILDINGS , TOPOGRA PHY, VEGETATION , SIQl srRUCTURES OR OTHER MATTERS ON ADJACENT WI'S OR WITHIN THE ADJACENT PUBLIC RIGIT-OF-WAY , WHICH WOULD SUBSTAm'IALLY RESTRI CT THE EI:'FOCTIVENESS OF THE SIGN IN QUESTION; PROV IDED, liO.'JEVER, THAT SUCH SPOCIAL CIRCUM- srAN:ES OR CONDI TIO MOOT BE POCULIAR 'ro THE PARTICULAR Bl£INESS OR EN'rERPRISE 'ro WHICH THE APPLICAm' DESIRES TO DRAW ATTENTION AND DO NOT APPLY GENERALLY TO ALL BUSINESSES OR ENTERPRISES. ( ii) THE VARIAN:E, IF AUTHORIZED , WILL WEAKEN NEI'rHER THE GENERAL PURPOSE OF THIS ORDINAN:E OOR THE REQJT.ATIO NS PRESCRIBED FOR THE DISTRICT IN WHICH THE SIGN IS LCX:ATED. 1 • I • • ( • • • • (iii) THE VARIAN:E, IF AUTHORIZED, WILL NOT ALTER THE ESSEm'IAL CHARACTER OF THE DISTRICT IN WHICH THE SIGN IS LCX::ATED. (iv) THE VARIAN:E, IF AUTHORIZED, WILL NOT SUBSTAm'IALLY OR PERMANENTLY INJURE THE APPROPRIATE USE OF ADJACEm' CON- FORMING PROPERTY. Section 2. That Section 16 .3 of the Cbmprehensive Zoning Ordinance, relating to initial zoning and rezoning of property, is hereby emended changing the title of Section 16.3 and by adding a new SUbsection 1 d. to read as fo llows: Section 16.3 Procedure for Initial Zoning of Property ,aREi Rezon i ng, AND CHANGES AND AMENDMENI'S TO THE ORDINAN:E. Section 16.3-1 d. REQUIREMENrS FOR CHANGES OR AMENDMENI'S TO THI S ORDINAOCE. WHENEVER THE PUBLIC NEX::ESSITY, CONVENIEN:E, HEALTH, SAFETY, ~. GENERAL WELFARE, OR GJOD ZONING PRACTICE JUSTIFIES AN AM~ TO ANY SEX::TION OF THIS ORDINAN:E, AND AFTER THE ~ HAS BEEN SUBMITI'ED FOR CONSIDERATION BY THE C<li- MISSION, THE CITY COUN:IL MAY CHANGE THIS ORDINAN:E, AFTER PUBLIC HEARING HAS BEEN HELD ON THE PROPOSED CHANGE BY THE PLANNING COMMISSION AND THE CITY COUN:IL. Section 3. That Section 16.3 is further i'IT\ended by adding a new Section 16.3-9, relating to initiation of change or amendment, to read as follows: Section 16.3-9. INITIATION OF CHANGE OR AMENDMENT. 1) A PROPOSED CHANGE OR AMENDMENT TO ANY Sa."'TION OF THIS ORDINAN:E MAY BE SUBMITI'ED BY THE CITY COUN:IL, TH E cnt1 ISSION , OR THE BOARD OF ADJUS 'IMENT AND APPEALS OR UPON 'lllE REX::CH1ENDATION OF "mE CI'f Y STAFF . ANY PROPOSED C HANGE OR AMENDMENT TO TH IS ORDI E SHALL BE SUBM I TI'ED TO TH E PlANNING AND ZON I NG CO'IMISS ION FOR ITS EXAMINATI ON AND REX::Cl'1MENDATION BEFORE ONSIDERATIO N BY THE C ITY COUOCIL. 2) CHANGING THE ORDINAI'l:E. a) CO'+IISSION SHALL MEET. THE C<liMISSION SHALL MEET TO CONSIDER PROP6SED CHANGES OR AMENDMENTS TO THIS ORDINAOCE AT SOCH TIMES AND PLACES AS ESTABLISHED BY 2 • .. I • • ( • • • - RULES AND REGJLATIONS OF THE ca-IMISSION AND AFTER PUBLIC NOTICE OF HEARING. b) AOOPI'ION OF REX:Cl'1MENDATIONS. AFTER THE C<M1ISSION HAS CONSIDERED THE PROPOSED AMENOMENr OR CHANGE AND HAS SUBMITTED ITS ROCCMMENDATIONS TO THE COUOCIL, 'ffiE CO!JOCIL MAY AOOPI' BY ORDINAI'CE THE PROPOSED AMENDMENT OR CHANGE AFTER A PUBL IC HEARING THEREON AS SET FORTH IN SECTION 16.2-lOa. c) DISAPPROVAL OF CHANGE. IN THE EVENT THE C<M1ISSION DISAPPROVES A CHANGE IN THIS ORDINAI'CE, A REPORT THEREON SHALL BE MADE TO THE C ITY COUOCIL. THE CITY COUOCIL SHALL THEREUPON REVIEW TH E RECCI'lMENDATION AND REPORT OF THE CITY PLANN I NG AND ZONING CCMMISSION AND MAY, AFTER PUBLIC HEARING, MAKE SOCH CHANGE IN THIS ORDINAOCE. Section 4. That Section 16 .4-17 Fences and Retaining Walls, SUbsect1on d. 1., of the COmpr ehensiv e Zoning Ord1nance is hereby amended to read as follows: 16.4-17 Fences and Re taining Wa lls. d. 1. Fences EihaU 8e of Class ly 2, 3, 4, or 5.,. Bli~ SHALL NOT BE PERMITTED ON THE STREET SIDE OF ANY PROPERTY. FEI'CES OF CLASS 1 ON THE STREET SIDE SHALL NOT EXCEED 30 IOCHES IN HEIGHT. THIS PROVISI ON SHA LL NOT APPLY TO EDOCATIONAL INSTITt.rr iONS. FEOCES IN THE REAR YARD OR INTERIOR SIDE YARD MAY BE OF CLASS 1, 2, 3, 4, OR 5 AND SHALL NOT EXCEED SIX (6 ) FEET IN HEIGiT. Section 5. Sect i on 16.4-18 Landscape Ordinance, o f the Gamprenenslve Zoning Ord inance is h e r e by changErl as rollows: 16.4-18 Landscape Ordin ance . b. Applicability o f Ordinance Standards . (1) These reg ulations shall apply I N ALL ZONE DISTR ICTS to ANY CHANGE IN USE OR any new development or to any property on which the principal building is remode led, wh ich remodeling cost is equal to or exceeds 50\ o f the estimated lfiCIEke~ value of the ~@eE~y.,. ~R ~Re ~~le~~ e i s ~E ~~s+ +at Res~eR~ia ~ Gis~E~~s+ A-l-A.,. R-l-8.,. R-l~T A-;!.,. R-;!~.,. R-;!~f&P(O.,. R-3.,. aREi R-4T f~ ~Ee~a~ GiS ~Eie~S+ 8-l aREi ~T fet ~~~E~a~ Qis ~E ie ~S + J-± aREi 1-;!T 3 • I • • ( • • - PRINCIPAL BUILDING AS SUBSTANTIATED BY EVIDENCE SUBMITTED TO THE DIROCTOR. FOR PURPOSES OF 'lliiS Sl'l:TION, Rl'l100ELING COST SHALL BE EQUAL TO THE SUM OF ALL PERMIT VALUATIONS OF WORK. 16.4-18 c. Minimun Landscaping !equiranents. (1) All Districts: (b) The Landscaping Plan shall be reviewed by the Planning Division, and , if the proposed landscaping complies with the requiranents of this Ordinance, it shall be approved. All landscape improvanents indicated on or contained in an approved site plan shall be completed prior to issuance of a Certificate of <k:cupancy. H9weYE!I!-, (1) If all conditions necessary for issuance of a Certificate of <X::cupancy are met except landscape improvanents, and the reason for not finishing the landscape improvements is because completion of construction occurred outside of a planting season, a Temporary Certificate of <X::cupancy will be issued AS PROV1DED FOR HEREIN. In this situation, all landscape improvanents must be completed by the next planting season within a time frame estab- lished by the Director. BEFORE THE TEJ'iOORARY CERTIFICATE OF CX:X:UPANCY SHALL BE ISSUED , A SEX:URIT'i INSTRUMENT NAMING THE CITY AS BENEFICIARY SHALL BE FILED WITH THE CITY, WHICH SEX:URITY INSTRUM.ENr SHALL REQUIRE THE INSTALLATION OF ALL f.ANDSCAPE IMPROVD1ENTS WITHIN THE TIME FRAME ESTAB- LISHED BY THE DIREX:TOR . THE SEX:URITY INSTRUMENT SHALL FURTHER PROV1DE THAT IT SHALL BE IN FULL FORCE AND EFFEX:T FOR ONE YEAR AFTER THE TIME FRAME ESTABLISHED BY THE DIREX:TOR OR UNTIL THE f.ANDSCAP- ING HAS BEEN Ca-IPLETED . SHOULD ACTION BE Ca-IMEN:ED TO ENFORCE THE U\NDSCAPING REQUIREMENTS, THE SEX:URIT'i INSTRUMENT SHALL CONT INUE TO BE IN FULL FORCE AND EFFEX:T UNTIL THE IMPROVD1ENTS ARE Ca-1- PLETED. FURTHER , THE SEX:URITY INSTRUMENT SHAU, PROVIDE FOR THE PAYMENT OF ALL ATTORNEY FEES, COL- LEX:TION FEES AND EXPENSES OF THE CITY IN ENFORCING THE U\NDSCAPING REQUIREJ'iENTS . THE AMOUNT OF THE SEX:URIT'i INSTRUMENT SHALL NOT BE LESS THAN 'IWICE THE VAWE OF THE U\NDSCAPING IMPROVEMENTS. THE FORM OF THE SEX:URITY INSTRUMENT AND ITS TERMS SHALL BE APPROVED BY THE DIREX:TOR BEFORE AO:EPTANCE BY THE CITY . 4 I • • • • • • • (2) TO PROVIDE THE SEX::URITY INSTRUMENI', THE . PROPERTY <JolNER MAY DEPOSIT WITH THE CITY CASH IN ES::~, CERTIFIED FUNDS, OR AN IRRE\OCABLE LETTER OF CREDIT, IN A FORM J\CCEPI'ABLE TO THE DIREX::TOR. THE PAYEE OF SAID FUNDS SHALL BE THE CITY, AND THE FUNDS SHALL BE COLLEX::TABLE BY THE CITY BY THE CITY'S GIVING TEN (10) DAYS' WRITTEN NOTICE TO THE PARTY GIVING THE INSTRUMENT AND THEREAFTER EXOCUTING ON THE INSTRlJotENr. (3) THE <JolNER(S) OF THE REAL PROPERTY, ON PROOF OF <JolNERSHIP AND CONSENT OF AIL HAVING A SEX::URITY INTEREST IN THE PROPERTY, MAY PLACE A LIEN ON THE PROPERTY IN FA\QR OF THE CITY, WHICH LIEN SHALL BE SUPERIOR TO AIL OTHER LIENS AND EtCt.l1BRAOCFS. THE FC>Ri OF THE LIEN SHALL BE AS APPROVED BY THE DIREX::TOR AND SHALL PROVIDE FOR THE PAYMENl' OF A'ITORNEY FEFS AND COSTS OF COLLEX::TION IN THE EVEm' THAT ENFORCEMENT IS NEX::ESSARY. THE a-mER CONSENI'S, IN GIVING THE LIEN, THAT REASONABLE EXPENSFS MAY EXCEED THE VALUE OF THE LANDOCAPING REQUIRED. (4) IN J\CCEPI'ING A TEMEQRARY CERTIFICATE OF OCCUPMCY, THE <JolNER IS CONSENl'ING AND AC~ING THE AUTHORITY OF THE CITY TO PERFORM THE LANDSCAPING REQUIREMENTS ON THE PROPERTY AND TO EXB:UTE ON THE SEX::URITY GIVEN BY THE rAND a-mER. 16.4-18 c. (2) Irrlividua1 Districts: (a) R-1-A, R-1-B, R-1-C Zone Districts. ( 5) WHEN A TOTAL STREET FRONTAGE IS DIVIDED BY 40 FEET AND THERE IS A JIDotAINDER OF 20 FEET OR MORE, AN ADDITIONAL STREET TREE IS REQUIRED. (b) R-2, R-2-C, R-2-C/S.P.S. Zone Districts: ( 5) WHEN A TOTAL STREET FRONTAGE IS DIVIDED BY 40 FEET AND THERE IS A REMAINDER OF 20 FEE'f OR MORE, AN ADDITIONAL STREET TREE IS REQUIRED. (c) R-3 District: 5 • I • - ( • • • ( 5) WHEN A TOTAL srREET FRONTAGE IS DIVIDED BY 40 FEET AND THERE IS A REMAINDER OF 20 FEET OR MORE, AN ADDITIONAL srREET TREE IS REXlUIRED. (e) B-1, B-2, I-1, and I-2 Districts: (1) Minirnun of 10% of total lot area lllli&e SHALL be landscaped with no less than 80% of the landscaping installed on the front portion of the lot (from the front of the building to the street line) • IF 'lllE PROPERTY AB(]l'S OR IS ADJACENT TO AN R-1-A, R-1-B, R-1-c, R-2, OR R-2-c ZONE DISTRICT , THE REMAINING 20% OF THE RE- QUIRED r.ANDSCAPING SHOULD BE INSTALLED IN 'lllE REAR YARD TO BUFFER 'lllE RESIDEN- TIAL DEVELOPMENT FR<l1 'lllE CC»1ERCIAL USE. (4) WHEN A TOTAL STREET FRONTAGE IS DIVIDED BY 40 FEET AND THERE IS A REMAINDER OF OF 20 FEET OR MORE, AN ADDITIONAL srREET TREE IS REQUIRED. Section 6. That Section 16.4-19 Sign Cbde, SUbsection 3 a. and SUbsection 14, of the COmprehensive Zoning Ordinance is hereby ~ed to read as follows: 16.4-19 Sign Oode. Section 16.4-19.3 Pecnits. a. Pecnit aequired. It shall be unlawful to display, erect, construct, relocate or alter (except for copy changes) , any sign without first filing with the Department an application in writing, paying applicable fees, and obtaining a sign pecnit, except as provided in Section 16.4-19-5 and Section 16.4-19-7 of this Ordinance. IF A SIGN HAS BEEN DISPLAYED, EREX::TED, CONSTRUCTED, RELOCATED OR ALTERED WITHOUT SUCH PERMIT OR OOT IN ACCORDAOCE WlTH 'lllE TERMS OF SUCH PERMIT , 'lllE SIGN MUST BE REMOVID WITHIN FIVE (5) DAYS OF OFFICIAL NOTICE. Wlen a sign cnit has been issued by the Department, it shall be unlawful to change , m<Xlify, alter or otherwise deviate fran the teens or conditions of said pecnit without prior approval of the Department. A written record of such approval shall be entered upon the ori~inal pecnit application and maintained in the files of the J)epartment. 6 • I • - . , '• ( • • • Section 16.4-19-14 Prohibited, Hazardous and Abandoned Signs -Enforcement Procedures. a . Notification of Unlawful Signs. Notice shall be given by Certified Mail or personal service to the owner or lessee of such unlawful signs and to the owner of the property on which such unlawful signs are located • Prohibited signs IN EXISTEtCE BEFORE THE EFFEJCTIVE DI'\TE OF THIS ORDINANCE, as described in Section 16 .4-19-8 shall be declared a nuisance by the Department. The notice shall require that prohibited signs SHALL be brought into confocnance with this Ordinance or be removed within one hundred eighty (180) days after the notice has been received. Signs EXISTING BEFORE THE EFFECl'IVE DI'\TE OF THIS ORDINANCE WHICH ARE prohibited in Section 16.4-19-8 d, j, and 1, shall be removed within three (3) years fran the date the notice is received. PROHIBITED SIGNS EROCTED AFTER THE EFFECl'IVE DI'\TE OF THIS ORDINANCE SHALL BE REMOVED WITHIN FIVE (5) CALENDI'\R DI'\YS OF RF!:EIPI' OF OFFICIAL NOTIFICATION FROM THE DEPARTMENT. This Section shall not be applied to require the removal of any sign for which it is lawfully required, by Federal or State Constitution or statute, that ccmpensation be pa i d by the City for sign removal, unless the City elects to pay any ccmpensation lawfully required. Hazardous signs are those wh ich, by reason of inadequate maintenance, dilapidation, or obsolescence, create an Lnminent hazard to public health, safety, or welfa re, as declared by the Department; those signs are further declared a nuisance and shall not be displayed or erected within the City. The notice shall require hazardous sign removal within ~R H9+ FIVE (5) CALENDI'\R days. Signs abandoned for a period of thirty (30) days shal l be declared abandoned signs and a nuisance by the Department; abandoned signs shall not be displayed or maintained within the City. The notice shall require abandoned sign removal within thirty (30) days. Sec tion 7. Public Hearing . In accordance with Section 40 of the City Charter, the City Council s hall hold a public hearing on this Ordinance , before final passage, at 7 :30 p.m. on Monday, (X!.£!-{~ IJ , 1985. 7 I • • -• • • Introduced, read in full, and passed on first reading on the 3rd day of September, 1985. Published as a Bill for an Ordinance on the 4th day of September, 1985. /s/ Eugene L. Otis Eugene L. 0t1s, Mayor Attest: /s/ Gary R. Higbee 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 and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 3rd day of September, 1985. js/ Gary R. Higbee Gary R. Higbee 8 I • • ( ( • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE August 28, 1985 AGENDA ITEM I /c., SUBJECT South Broadway Streetscape No . 1 INITIATED BY _______ G_a_r~y __ D,_·e_d_e~, __ D_i_r_e_ct_o_r __ o_f_E_n~g~i_ne~e~r~i_n~g_S~e~r~v~ic~e~s~---------- ACTION PROPOSED· _____ c_o_u_n~c_i l __ r_e_c_oom __ e_n_d_t_h~a~t~th~e~C~i~ty~a~w~a~rd~c~o~n~tr~a~c~t~fo~r ______ __ construction of South Broadway Streetscape No. 1 to SaBell 's Inc. BACKGROUND In the Spring, 1985, the Englewood Downtown Development Authority decided to make some landscaping improvements to the 3300-3500 blocks of South Broadway, similar to the work Brady was planning in front of the new King Soopers Retail. The City offered the services of the City Staff to assist the EDDA in the planning, design and construction of thes e Im provements. Even though the EDDA is payin g for the cost of the Improvements (design and construction), to provide for continuity in coordinating the effort, i t wa s agreed that the City would bid, award and sign the contract f or the wo rk , on behalf of the EDDA . FINANCI AL The Impro ve ments wi l l be made t o Sou t h Bro adw ay, i ncludin g the east side of the 3300 bl ock ; the eas t and west sides of the 3400 bl ock and the east side of the 3500 bl ock. The work co nsists of cutting and removing portions of the concrete si dewal k, pla nti ng trees, furnishing and install i ng t r ee grate s , installing accent lights and electr ic outlets at each tree, installing dri p irrigat i on system and replacing the concrete sidewalk. Fo ur bi ds were received and the results are as follows: Sa Be 11 's, I nc. Pa t terned Co ncrete of Colorado, Inc. Vogel Co ncrete , Inc. Ra nd all & Bl ake, I nc . $179,386 .74 $200,476.00 $202,285.7 8 $233,927 .30 I • • ( • • • .. • The above pr ices also i nc l uded work to instal l and wire the accent li ghts on the west si de of t he 3300 bloc k of So uth Broadway and reconnect the irriga tion system for the trees i n this bloc k . This work was included i n t he Streetscape project so that all lights on Broadway would turn on at t he same time; and all the trees on Broadway would be watered off the sam e i rr i gation system . This work will be paid by the Englewood Urban Renewa l Authority as part of the Englewood Parkway Bid Package No . 2 pr oj ect . Cost of this portion of the work, based on bid prices of SaBell 's , i s $21,121.00. Because of t he limited time available for construction, the trees, accent lights and street furnitu r e have been prepurchased by the EDDA. Co sts of t hes e items are as follows: 70 Trees 37 Accent Lights Street Furn i ture RECO MM ENDA TI ON $19,735 .00 $42,217 .00 $3,300 .00 $65,252.00 It is r ecommended that the City award this Contract to SaBell 's, Inc . for a price of $179,386.74. Total budget for th is projec t will be as follo ws : South Broadway Streetscape -EDDA Po r t i on Prepurchase Mat e rial s Trees Ac cent Lights St r ee t Furnitu r e Desig n Fees Contingencies South Broadway Streetscape -EURA Portion Prepurchase Materials Trees Accent Lights $16 8 ,534.74 19 ,7 35 .00 42,217.00 3,300 .00 20 ,000.00 21 ,213 .26. $275,000.00 $10,852.00 0 10,269 .00 $21,121.00 The EDDA has budgeted $275,000 to do the South Br oadway Improvements . Based on the above numbers , the project will have a contingency of $21,213.26 or about 7 ~ of the total budget, which is acceptable for this size project. I • • ( • • • • The $21,121.00 for the EURA portion of the project will come from the contingencies in the Englewood Parkway Bid Package No. 2 project (approxim ately $140,000. is available). • 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 August 29, 1985 J'/-6/ 1986 Proposed Budget INITIATED BY City Manager ACTION PROPOSED Setting of a Special Meeting for transmittal of proposed 1986 budget and to set a date for the public hearing. Background The City Charter requires that the proposed budget be submitted to City Council by no later than September 15 and that a public hearing be held on the budget within three weeks after its submission. Staff plans to have the budget ready for transmittal to Council on Monday, September 9. Recommendation City Council call a special meeting for Monday, September 9, 1985, at 7:30 p.m. for the purpose of receiving the proposed budget for the fiscal year 1986 and to set a date for the public hearing. • I • •