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HomeMy WebLinkAbout1982-05-17 (Regular) Meeting Agenda• • • City Council Meeting -Regular_ May 17, 1982 0 -• • - CITY COUNCIL MEETING ~17 ,,.__;lc..;9_:8;...:;2~~~~~~~ RESOLUTION # ,2'3, 24, 25, 26, 27 ORDINANCE# 26, 27, 28, 29, 30 0 0 • I . . {, • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MAY 17, 1982 1w u tll I 7 :30 P.M . Call to order, i n vocation by Bf hop Phillip W. Nolen , Church of Jesus Christ of Latter-day Saints, Engle - wood Ward , 999 East Tufts Avenue, pledge of alleg i anc e by Bo y Scout Tr~op #92, and roll call. c.C v /~ 1 . Minu t es . (a) Minutes of the special meeting of April 26, 1982. (Copies enclosed .) (b) Minutes of the regular meeting of May 3, 198 2. (Copie s enclosed.) 2. Pre-Scheduled Visi t ors . (Please limit your presen t a - tion to 10 minutes .) 3. 4. 5 . / Ot her Visitors . t o 5 minutes.) Public He a ring. (Pleas e limi t yo ur presen t at ion 1 1 7L Coll'lllunication s -No Action Recomme n ded. (a) Minutes of the Housing Authority meeting of March 24, 1982. (Copies enclosed .) (b) Minu t es of the Downtown Development Author ity meeting of April 14 , 1982 . (Copies enclosed .) (c) Minutes of the Planning and Zoning Commission meeting of April 20, 1982. (Co p ies enclosed .) (d) Minutes of the Urban Re n ewal Authority m ting of April 21, 1982 . (Copi s enclosed.) () Minutes of th Liquor Liens Authority m tin of May 5, 1982 . (Copi s nclos d .) • I • • ' ;it: 0 • • • • Page 2 May 17, 1982 Agenda 5. Co11111unica t ions -No Action RecoU111ended (Continued). (f) Memorandum from Division Chief Frazier of the Englewood Police Department to Assistant Director of Finance Lowry concerning a beques t to the Englewood Police Department . (Cop i es enc l os ed.) 6 . Cotmnunications -Action Recotmnended. (a) Letter from Robert M. Brundage, 4140 South Huron r;J Street, to Mayor Otis and Members of City Counc il concerning his resignation from the Board of Career Service Cotmnissioners . (Copies enclosed.) (b) Council Cotmnunication from the Public Library Advisory Board concerning an award of contract for consulting services and related appropriation of funds. (Copies enclosed .) 7 . City Attorney. Ordinances on Final Reading . (a) Ordinance creating Paving District No. 28 in the City of Englewood, Colorado, ordering the construction and installation of street paving, curb and gutter and sidewalk improvements together with necessary incidentals, on cer tain streets and avenues; providing for t he issuance on bonds in payment for said improvements ; and settin g forth other details in connec t ion with t he District . (Copies enclosed .) (b) Ordinance approving a contrac t f or mun ic i pal serv ices to permi t other g overnmen t a l e n tities to use the En gl ewo od Anima l Shelter. (Copies enclosed .) Proclamations . (c) Proclamation proclaimin g May 23-29, 1982 as Public Works Week. (C op i e s e_nclosed.) (d) Proclamation proc laimi n g KeRda y, Ma.¥--lJ , 1982 as "Buddy Poppy Day." (Copies enclosed.) 0th r Matters. () M mor ndum concern i n g revising th Engl wood Criminal Co d . (C op ies e n clos d.) 'J .. I • • - • • l J 't-- Cft,l l j V • • • Page 3 May 17, 1982 Agenda 8. City Manager. 9. (a) (b) Council Connnunication from the City Manager concerning a Resolution relating to Title II Funds. (Copies enclosed .) Council Communication from the City Manager concerning the award of the Belleview Park Pump Station Project. (Copies enclosed.) (c) Council Communication from the City Manager concerning the award of the McLellan Reservoir and Englewood Golf Course Fencing Project. (Copies enclosed.) (d) Council Communication from the City Manager concerning the award of contract for the construction of the West Oxford Avenue Golf Course Turn Lanes . (Copies enclosed.) (e) Council Communication from the Department of Community Development concerning considera- tion of a new official Seal for the City. (Copies enclosed .) (f) Manager's Choice. -(//)7/..., ../ /l )IU?lla , ~c du dn"l"'/ 1 -~ ),_ ""r/'l. d:< C<. P4-w General Discussion. -.t uJ. /77 ,;1J..t rf /31t (I -l (a) Mayor's Choice. ,/ ft,(> (b) Council Member's Choice. -~,(_ l 1. ['u r (•1 >' "-"'.I«,"' C I Lt 1 ,t ~ I :• , ~ < ,, .I >'-t [1.L 1 I~ 10. Adjournment. ./Y) j h u i cJ d [ t< { /1:u_ -;{_Jf 1tfvlt1u <' »,111~,,.t, ( I i /) ) 'I' I ~ I. } i & i J; f1 l ()~??tdun AND C COWN Ci Manager AM/sb (J I . uni If• u >q ;/tt p1t,tcit._. •("-1'-' ,t<. I I.~ (!// )(l.;o,.,/ · fl I' t , •/ 4-1~ J..J;J '} 1 /)I( Jlt t tiut~l ,((/k. (I\. 61nl.. ( /I /' ) ,/ j v ( (I ) [fv rJ ) ; /j I / 1, < ~ I, , ~ ' (' />) t," I.:)( t. u l., ' t, /., .,,\;, t.<' /c.., 'I ti. / 1) • I • • - • • • • ~av f1 ~t;_,,'1-- ~ a,'f I 1, !1 f~ ROLL CALL 7: J t ,'Y '\ • Moved Seconded Ayes Nay Absent Abstain ~,oaav Neal Fl tznat rick Weist Bi lo Bradshaw Otis I /) ~l l l ) l I . • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiodav Neal - V Fltznatrick Wei s t -- Bi lo ,.,.. Bradshaw Otis - /a_ __ • I • • • • • • ,· • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qday Neal ~ Fitzoatrick Weist - Ri lo v Bradshaw - Otis - I I • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qday -c..--Neal - Fitzoatrick -Weist - Rilo 1,/' Bradshaw - Otis - 7 I • • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qday Neal Fl tzoat rick Weist Bi lo Bradshaw Otis Pl 'l.( ) l ,,_t,,1._7-Ld /U I-{J__ )'),l_L 'Yl_,L )'l<.i.,,C /-- ,/n tL<j c1 I " ;/ 0-<.) / 1._,J.J f ? ~/iY 'J I . . • • • • ROLL CALL Moved Seconded Ayes Na y Absent Ab s ta l n Hlgday -Neal ,:,,, Fl tzoatrick - Wei s t Bi lo -V Bradshaw - Otis - { ;J l ( iLd {) {~ Lt. (l .{ ,(_ <: ti •t JJ /(_j__ /. ) Ju~ d' lJ t' J.) J J ~ fil C t~ • I . • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain HI nr1ay L---Neal FitZPatrick Weist Bi lo v' Bradshaw Otis - LG 1 l1c_ (f Li. XJ -.-z t ,f }1 ' t. L( ~ , i. <' ~ < ~11..., dt l ;( -&. /')• YL/10 l.,t'r !er d..c..< <._.., ) . . ( Jl e<c ,'ll lR ) • I . • - Moved v j~ {L - (- • • • ROLL CALL Seconded Ayes Nay Absent Ab s ta · ,n H1oda11 V Neal Fltznatrick Weist Bi lo Bradshaw Otis (' (', L f ' (t~ C I /,.. .A. { f '(f { ( J ) l{ U <1. (,, v C ~ .t ( f-u .i /-- {'/ t( TC. t? u C-t l .J J r ll. ,~ &,,. « _./ !/ /j J['_ '--ll < )Zt: ti Jl ) lt Hl /IL, ,1(,(' c l., / I.A l V J I . • • ]- • • ROLL CALL ved Secon ded Ayes Nay Absent Abstain H1o dav ·- Neal - &. F l tzoatr i ck -Wei s t -Iii lo V Bradshaw - Otis - ---b-1 " 'j'( / n,1 .,txUu I . • • • • ROLL CALL Moved Seconded A yes Nay Absent Abstain H1aaay ~ Neal ;_--Fl tzoat rick Weist Ai lo -1.,,-~ Bradshaw Otis ·- ;3 ( cL , I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain V H1gday - L,/ Neal - Fi tzoatrick Weist -Bi lo Bradshaw Otis {-6 0-f1 /l 11... tf.U. c) '2 ;,? ;),c;; u ~( ~ 7/ 2. ' '{ l. lu1-y ~ <..~L'l.. / l-d-C' • '?f 1 .I I L 1..-2.<1) ( V -- • I . • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqday V Neal v' Fl tzoatrick Weist Bi lo Bradshaw Otis ~ - 2 ~ 0 l ) J t /)< 12) ~ '; , ( zj t r ( ( ;clo ,J lo, ci.1 '-t;.v 7?c (.-/ ~ r ) l /< Ji «1 l l ( v I. I .._ /}2,. ...;JI . t I t (}0 0-CU. ?c'l cJ I • • • • • - • • ROLL CAL L Move d Seconded Aye s Nay Absent Ab sta i n HI n, av Neal -- Fltzoatrick Weist - Bi lo Brad s haw - Oti s I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiodav Neal -Fl tzoatrick Weist Bi lo .......---Bradshaw Otis \ 7b ZI I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1odav Neal Fi tzoat rick Weist Bi lo Bradshaw Otis 1/ ( ,(. ) I. ., 'l l~ ' I. ( t.. I._ } I )1 L ") /' ( ~A<{,11, J t. --jJk))) ( { ~ ) C ~) / If<-,{) > t 1 _ I l I<_) ;),) V } ) ,I ' ' !j.· ;/4l, ";-,./ .:1. I Ill --) ,L It/) ~,, C ~ t< t /.., ( t l ) ) ) ( r I I ] l ( " • (;. l I ?y C, I C ) • 1( ~ ,( • • ) .. /";/ -I t/ J "Jr. ~, /ll ,,. J ,< I " ) <) t) ) ) / • • -• • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qdav Neal Fltzoatrick Weist Bi lo Bradshaw Otis --- ll J it /;u u (-(}J (· t)' ,) l( 7 -l "..ru 1 ('/)?. vTt -1 u /tt'A...J;, / t.2 )) .t.L ] 2 ( ') ' 0•, 0 ( :> /1 l " ) · lu t_ L , / , Ll d ( ) z J ._. 1y, (, it I I . . • • • • • ,jj)_ ROLL CALL Ayes Nay Absent Abstain I • • • - • • _..-.-~~~--~~--~~~~~----- ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1adav Neal J.,---Fltzoatrick Weist -Bi lo - t--Bradshaw -Otis -- Jo..)o, l t. 0_v ( v ..-& ,,-/ ~ ') 1 ( 6 ? ,j ~ I... lz, ~) x:J( d ,;ae 11 \ ,1., --t<-. c(_,t_ I • • • • • - • - ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlodav Neal - V Fl tzoatrick Weist -Bi lo -...... Bradshaw Otis - JCL . • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hloday Neal Fltzoatrick Wei s t Ri lo Bradshaw Otis / Pa ~ ) b (<?1 t ( IY>l (') ?w I 4n 1 71.. /z )} ('"J ))1.{ , tu 1 7 r I l ) I > I {.1 2 {,, I /77..f,J !)~/0A ~u t, ~ tf ll / ,I_ Cf- J I I>) ) [ I / I )( f ( I G /~l ). { \ I /,, .I JI ( ~ Ll ti ( I' .I c;-l l ti ' 1 •• ' )l l I- (i I J1 > ' I.. }1 I J I ~ H .. i(J ' / 7 ... J) ' l { '' ' tf I J 7 I ) I• {1 1 I ) ) I ( J~ zJ l / C (.-~L ,,t:r..-_ci I • • i.J c.1 ;u11 JJ · "'t ~ } t< ,f:. C /2 ?t >J a > I • • - • • -~----~ ROLL CALL Moved Seconded Ayes Nay Absent Ab s tain H1Qdav Neal V Fltzoatrick Weis t Bi lo J/ Bradshaw Ot i s /l ll , ~ f-) p .s [ I . l ( )) ) J)/()!l'--- f 7. t ~ ,,-- /(1til-I uj l( <." / 7._L ( i d ( 2\. ( / r) (<_, ) JU I. I i( ( /) l t< ,J / • I . . • • • - • • _j ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqdav Neal - Fltzoatrick -Weist -Bi lo Bradshaw - Otis - I • • • • • - • • !1i Jj' J l.'0 ) ROLL CALL Moved Seconded Ayes Nay Absent Abstain Htgday Neal Fl tzoatrick -Wei st Bi lo Bradshaw Otis L J,) / I )')2(1 1 IO LI t J . ,.,.., e_.t DI I {.} J..l t l JJtl (_ .__ t f 1 (t Ii /l t ) ) (t ); /d I [/,n ~ h-u.. ·• I ' ( /1/u ') 1 .( /• k.) tf_ ") { () ....... .,. f \J })J'J0 / ,; 7,rr ))v 1 ~ )11' I,/ l /2 LI ) l..l-I-a k ;< ,r71 '.-/ /1 )., ,. \] I/) n C, , j . ) 1 ) I '<- f . )1 7 1 ._/'/ 1 1 (l 1Ztu C. ' ~1 -J /l•JJ I• • ( ) ('~ ,,,. ') )l } l...___/ ~ /l ) I t1 ~ J l / 1l., ~ )) 1 c1-l l1 //l J ~ I l -fut C t ,._, ) Qi L 1. ·-( til ) . {. ) l.C. ' ) l., n ~ I 1- !< (.; l I t} I 'C. i .; , ('( /1 t_A....1 • t • i I t l 6 " • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain HlgOay Neal Fl tzoat rick Wei st Bi lo V Bradshaw Otis 7,"lr) ,-t: ) I<. <-p J} t ,/_ (_./ (t t._ I ( )· y· ( I } J._ '-- ~ !, 1..5Y- { /I '-J),f l < J' ) I n<J , , ( /1-f "j Jx~. ~7 (/I .... n...,( ,. >C:- / -r/1.,., /1 ), / /.. I . • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain I / H1odav ·- t.,.--Neal - Fi tzoatrick -·~ Weist _::,... Bi lo Bradshaw Otis - • I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qday -Neal - Fitzoatrick Weist Bi lo Bradshaw -Otis - J I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qday Neal Fl tzoat rick Weist Bi lo Bradshaw Otis a lj Cn.o -;.J I.... 7 ;t./c J_ dL l Li JQ • I . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain v Hlndav ·-Neal Fltzoatrick -Weist -Ri lo -- V Bradshaw - Otis -.-7 (~ ~ (!.,c ~ ~7..l { ').(. '-.., l_µ, ~ / 1 (. < 5-(.~ I • • n • - • • Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Fitzoatrick Weist Bi lo Bradshaw Otis ~11 I 4' -..» ;) ) 1- J t1 l.f. v ( -1) 'f ;}, _,L,(~ ,_ I.; -------------------/ u!.1 I/ A C .._,, -/\) tit,_, d,.J tf 1 71 ( ( J' /, ( ) ,, , ~) ' -1...../( / /) ; I j ( I 0-'") I . . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain AA< H1Qdav Neal ~ Fi tzoatrick Wei st Bi lo V Bradshaw Otis • I • • • • - • • • I • • • - ) • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain RTncfay Neal Fl tznat rick Wei st Ai lo Bradshaw Otis '-, Jht)t Ju,k . ; {, -.-y '}~.) _/.A-J...fLC' ( (L } /,')1 t, CL(. , ~. 'J f .{, ')/ ~l(,(: <t<'-'dJ' ! ,!/'-) t / IJ, LJ ,Ct~ t<.! <c & 'I I ,, 1 j -< l ~ l • I . • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain L...-H1odav V Neal Fi tzoat rick Weist Bi lo Bradshaw Otis - J1J ~!i·d ~{.1 t kr II u , : 1_ "lt v I 1( l ( ([<I .,_ ( 1 (_ d /" It t C•'....../ - u I . • .~-------------.. • - • S PECIAL MEETING: • • • Council Chambers CITY OF ENGLEWOOD, COLORADO April 26 , 1982 The City Council of the City of Englewood, Arapaho e County , Colorado , met in special session on April 26, 198 2 , at 7:30 p.m. Mayor Otis , presiding, called the meeting to order. The invocation was given by Council Member Thomas Fitzpatrick. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for a roll call. Upon a call of th e roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis . Absent: None. The Mayor de cl ~red a quorum presen t • • • • • • • Also present were: City Manager Mccown City Attorney DeW it t Director of Publi c Work s Waggoner D puty City Cl erk ...:a kin s • * * • • • COU CIL ME MBER BR ADS HAW MOVED TO OPE N TH E PUBLIC HFAR ING ON PROPOSED PAVING DISTRICT NO. 2 8. Co un cil M mb r F i zpat r ick s conded th motion . Upon a call of th r oll , h voe r esul ed as follows: Ayes: Council Members Higda y, N al , Fitzpat r ick , Weis , Bilo , Bradsh w, Otis . Non . Th Mayor d cla r ed h motio n ca rr ied . ayor O ls gav op ning r ma r ks b y s a lng Cou n cil wa w re o! h economic i mp c bing p l c do n h pr o pe r y o wn r h dis ric is p ss d . Mayo r o is s t a d Co un cil has b e n s udyin o se he financial bu r d n. Mayor O Is a a ed • I • • - April 26 , 1982 Page 2 • • • the district was still in the proposed stage. The purpose of the hearing was to hear from property owners who did not speak at the first hearing . Mayor Otis stated Council was considering the let - ters and petitions protesting the district. Mayor Otis stated changes have already been made to liberalize the assessment defer- ral process. Council Member Neal asked the City Manager to review the a nticipated changes in regard to the City picking up additional cost s. City Manager Mccown explained the changes were i n react io n o the first public hearing; in particular, the costs to the pro- perty owner . Mr. Mcco wn stated Council discussed picking up a ll staff costs involved in a district and all other costs not normally budgeted. This would amount to approximately $90 ,000 . This wou ld lo wer square footage costs to the property owner. Mr. Mccown stated this was the first time Council has ever chosen to subsidize a paving district. Mayor Otis asked for comments from the audience. Lee R . Jones , 2740 South Cherokee, appeared before Coun- c il. Mr. Jones stated the citizens still prefer to delay the pro- j ct f o r one year even though Council proposes to pick up addi- io nal costs . Mr. Jones stated due to the interest rate being so high at this tim , the reduction in the property owners' costs would not offse the expense that mu c h. Mr. Jones added most of he prop r y o wn rs in he district would still have to use h assessmen defe rr al program. Virgil Thomas , 3810 Sou h Lincoln , appeared b for cil . Mr. Thomas sated he apprecia ed th lo w mill levy in Ci y. Mr. Thomas s ed his public hearing was ing up and pro s ing ha th ci iz ns do no p ving dis ric • Mr. Thoms asked Council o e dis ric . Mr. Thomas asked who need d h !ford i nd if h cos s were jus ified . he Unit d M thodist Church , Mr . Simon referr d no sign h firs Mr. Simon c lled at- • h distric whi ch rs. Mr. Simon s mos of the I • • April 26, 1982 Pag e 3 • • • people are saying the improvements would not be of benefit. Mr. Simon quoted a statement made by Council Member Higday whi c h a p - peared in the Sentinel, April 14th, regarding the assessment s get- ting out of proportion and the protests having more credence than those of past districts. Mr. Simon stated the church paid for the improvements on Mansfield because they were of special benefit o the property; but these proposed improvements in Paving Distri c No. 28 would not be of any benefit. John Bagley, 3074 South Logan, appeared before Council. Mr. Bagley agreed with Mr. Simon on the matter of the improvemen ts being of no special benefit to his property. Mr. Bagley stated he failed to see how it would benefit his property by making it more of a raceway. Mr. Bagley stated his family will not go out in the front yard because of the traffic and the harrassment by drivers. In response to Council Member Bradshaw's question, Mr. Bagley stated he had no ideas on how to pay for the remaining 151 of the streets that needed to be paved. Norita Hathaway, 3095 South Cherokee and 3143 South Cherokee, appeared before Council. Mrs. Hathaway stated in ligh of the consumer price index going down, she was willing to wai one year or two years before the project was started. Mrs. Hat h- away stated if at that time, if feasible, do the rest of the 151 at one time, or repair the streets on a need priority. Mrs. Ha h- away stated the block at 3095 wa s in good shape. The 3100 blo c k was bad and should be done with a 3 " standard o hold up. She sated she has obse rved h ridership or RTD on So u h Cher o ke e and Sou h Acoma . Sh obs rv ed v ry f w po le on South Cherok nd none on South Acoma. Mr • Ha ha way agr d wi th Coun il M m- b r Bradsha w ha here was an ed o fo r e wa r n people of upcom- ing paving distric s . John Hor on , 2757 Sou Mr. Hor on st ted hen ver rec co n c erning he construe ion of f c tha the crown was oo hi w s being recons rue ed was h Logan , app ared efore Council. iv d he answers o his ques ions Sou h Logan. Mr. Hortons a ed h hand was he reason why he isfac ory . results . h h Mr. him o wher Council M mb r Bradshaw sta ed Council had received h sat d he found 4-5" of bl did no dig d ep nough o call d h Ci y Man ag r's offic o in orm r d in h R AD R'S DIGEST, April issu , ing recycl d n ligh of he cos o aaph l I • • April 26, 1982 Page 4 • • • Clark McKay, 3096 South Logan , appeared before Co uncil. Mr . McKay stated the street did not need widening . Most o f the residents were retired and on fi x ed incomes , and the assessment s would be a fina n cial burden . Larry Dic k i n son , 3171 South Cherokee , appeared before Council. Mr . Dickinson suggested completing the remaining 15% of the streets at one time under fair and equitable interest rates for the rest to avoid inflated costs of asphalt. Mr. Dickinson also suggested taking an average of the cost of asphalt from 1956 to the present, making allowance for current interest rates , and average out a fair share for everyone. Mr. Dickinson stated he lived with his great aunt and the income was too high to meet the guidelines for assessment deferral; and the assessment would be a hardship faced with re-evaluation of property next year. Mr. Dickinson opposed the r ndum selection process of choosing streets. Robert Cra ig , 4556 South Acoma, appeared before Council. Mr. Craig submitted a petition containing 19 signatures of people in the 4500 block of South Acoma protesting the improvements. Mr. Craig stated the people would share in costs of overlay . Council Member Higday responded the City staff checked his possibility and d termined i would be a waste of money based on he present deterioration of the street. Mr. Higday stated th samples indicate no base course and 2 " of asphalt. Mr. Craig sta ed he had looked at the ordinance dated June, 1950 tha ann xed th area to Englewood from Arapahoe Coun y. Mr. Craig stated h street was shortly paved after th annexation. Council Member Higday s a nance and found no conditions ha care of hes r et. Mr. Higday s a hat ime according o st ndard would no be d quate. ed he had also read he ordi- s ated he City would take t d h s r was no pav d and tha was why an ov rlay Pat Liman , 3012 South Logan, app ar d before Mr . Limn sta d th resid nts ar not in r sted in Sou h Logan nor would thy park on on sid if that h ppen. Mrs. Liman sat d 50 o th horn own rs re r M ny resid n ar still paying for s re improv m n m n Mrs. Liman sat d in h summ rtim car rac bou h Logan and widening i would only make ma Counc 11. wid ning re to ir d . ass s - up and down Mr s . I • • April 26, 1982 Page 5 • • - Liman asked what would keep Logan from going one-way all the way north and Broadway one-way all the way south. Mrs. Liman stated people ca n park in their drive ways and asked that South Log an not be widened. Council Member stated the matter of Logan being desig- nated as one-way has not been discussed. Mrs. Shank, 3606 South Acoma, appeared before Council. Mrs. Shank stated she could not see the need for repair of a side- walk that has one side higher than the other and no cracks when the side wa lks were crumbled in the 3500 -3700 blocks of South Bannock . Mrs. Shank stated she already has had the repair work done. Mrs. Shank stated she was paying for other assessments and asked what they were for. Council advised Mrs. Shank to contact the Engineering De- partment to find out what specific assessments she had been charg ed. Elsie Hume, 2720 South Logan, appeared before Council . Mr s . Hume stated her block was not being widened even though she suffe red the traffic. Mrs. Hume asked how many people were deferring payment. Council Member Higday stated tha information wou ld de- p nd on how many apply. Mrs. Hum es at d many p ople in his area are re ir d nd on fixed incomes. Mrs. Hum ask d Council o look a hen ed firs before se ting up paving dis ric s in he u ure. Wards a ed d s ric on M yor O is naw rd h prop r y own r g s th di - r nc • Mr. I • • April 26 , 1982 Page 6 • • - Mr . Ward suggested putting the rema1n1ng 15 % in a dis- trict on a special accelerated pr ope rty tax to pay their fair sha r e . Mr. Ward wanted to delay the district for one year and de velop a program to do three districts at a time, accelerat e he tax and one which would notify the property owner at least two years in advance of a proposed district . Mr. Neal stated the City hires e ng i n ee r s wh o are men of integrity and qualified to do their j ob and a third party inspe c - tor was not necessary. Mr. Ward contended a 3rd party ins pec tor would be an outlet for citizens to question the proposed improvements . Dale Black , 5007 South Grev~ appeared before Council. Mr. Black stated he was not at the last meeting. Mr. Black asked if there was another method of repair of side wa lks other than re- moving and replacing the concrete . Mr. Diede stated if the concrete is displaced vertically and not broken, one can mudjack it to raise the one side. If the stone cracks in the process, then it would have to be replaced. Mr. Diede stated the offse can be 1/2 ". Mr. Black stated he had two with hairline cracks. Coun c il M mb r Higday r qu s ed staff tor c h c k Mr. Bl a c k's s idewalk. y o wn r of 27 4 0 a nd 2720 db o r e Council . r. 2200 -,100 Un io n d h • Cou n cil. r s do I • • April 26, 1982 Page 7 • • - he was builder and small developer who developed the subdivision in this area called Centennial South. Mr. Koza stated his concern was not the cost to him because he already agreed to pay for any curbs and gutters but more for the people who have bought homes from him and knew nothing of this proposed street being put through. Mr. Diede stated when the property was subdivided, the City told the developer the street would have to be in a paving district some day. Mr. Diede stated he would have to check the record, but he thought the developer was required to widen the street on his side with the improvements of the homes that go in-to Clay Court on Union. Mr. Koza stated he would discuss this matter with the Engineering Department outside the public hearing. Mayor Otis declared a recess at 9:05 p.m. Council re- convened at 9:20 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent: None. Mayor Otis declared a quorum present. Mayor Otis asked for additional comments regarding the proposed paving distric • Zane Ronte, 3168 South Cherokee, appeared before Council. Mr. Rones a ed he had jus purchased his home in Augu st and his mon hly paymen was $1,000. Mr. Ronte stated an assessment for s ree r p irs would be a hardship. Mr. Ronte asked if Council had any control over RTD rou es b cause RTD traffic would cause the s ree o d teriorate fas er and n d r pair again. Council M mb r Fitzpatrick sated one a stre has been distric it Is th Ci y's r sponsibility to main ain the ts th re ft r. Council M mb r Bradshaw added th Ci y has no say wi h RTD on traffic pat rns han do h cl iz na on these rs. Mr. Nor on, 3087 South Log n, ppear db fore Council . Mr. Nor on a a ed the improv men a will not increase h v lu of the prop r y bu will decreaa i • Mr. Nor on at d th a re I • • Apri l 26, 1982 Pag e 8 • • - was in good shape even though tests indicate differently. Mr. Norton stated the proposed widening would resu lt in a squeez ing effect and would not be good. Mr. Norton asked that the distri ct be delayed five years and think about it. Debbie Bagley, 3074 South Logan, appeared before Council . Mrs. Bagley stated the resident will not benefit from the proposed improveme nts. Mrs. Bagley asked if the street was widened wh at wou ld happen to the existing utility poles. Mr. Diede stated the street lights would go behind the side wa lk. Mrs. Charles Flynn, 3720 South Lincoln, appeared before Council. Mrs. Flynn stated the street was in good condition. Mr s . Flynn stated the improvements will increase traffic flow. There woul d be s peeding and someone would get hurt. Jean Wilkins, 2764 South Cherokee, appeared before Council . Mrs. Wilkins stated the assessments would create a financial burden for her. She stated she was a single paren t with two small children. Mrs. Wi lk i ns stated she had no questions of the in ent about keeping streets paved but her more urgent concern was keeping her children fed. She stated it was impossible o tak on an extra debt at this time . Mr s . Wilkins asked that the distric be postponed until the economic picture changes. Juani a Weave r, 271 4 West Union, appeared befor e Council. Mrs. Weav rs at d from Deca ur to Sa nta Fe there are no small children. Mrs. Weaver sta ed she and her husband opposed the dis- ric because h re was no foot traffic . Mr s . Weav er sta ed ther was in-yard parking. Mr. Di des ated curbs and gutters are proposed on h north side bu not sidewalks . Mary Jae son , 2998 South Logan , appeared b fore Council. Mr • Jacksons a ed new side walks and gutters were installed when Ba s-Logan Park was built. She was assessed last year for Cornell improv m nts. Mr • Jackson opposed paying assessmen s this year nd as d reconsidera ion (or widening South Logan. Th r w re no oth r comments at this im • M yor O is asked if there was anyon pr s nt wish ing o speak in favor of h paving distric • Threw re non • • I • • n p- April 26 , 1982 Page 9 • • • Mayor Otis asked if there was anyone wishing to make ad ditional comments at this time. Austin Johnson, appeared before Council. Mr. Johnson stated he owned property on West Bellwood. Mr. Johnson asked if Council would accept his sons (one who worked for Ready Mix in Castle Rock and the other one who did co ncrete work at Ken Caryl) doing the sidewalk section in front of his property. Mr. Diede stated the deadline to get a permit to do the work was June 1, and the work must be completed by June 23. Director of Public Works Kells Waggoner stated the person living in the home must be the one to do the concrete work; other- wise the person has to be bonded or licensed in Englewood to do the work. Deputy Clerk Watkins read the following letters and/or petitions of prote st i nto the record: A letter from Mr. Larry L. Ellis, 2948 Tanforan, dated Mar c h 26 , 1982 . A letter from John & Loretta McKelve y, 27 91 South Logan , no date. A let er from Donna Weitzel , da ed Apr il 14, 1982 . A letter from Mr. & Mr s . Ron Schro r , 2745 South Cheroke , dated Mar ch 31 , 1982 . A letter from Richard Shields , 2721 Sou h Logan , da ed March JO , 1982. Peti Ion containing 22 igna ur s prot sing lmprov m n s on Sou h Logan . A 1 tr from Faris L. Kos rm n , 2801 South Ch rok e, dat d April 23, 1982. P tition containing 10 sign ur s protes ing improv - ments a 3800 block of Sou h Acoma. Th r wer no furth r comm n a. • • • • • • • , I • • - • • April 26, 1982 Page 10 • • • COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING. Co uncil Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • * • • • • • COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at 9:38 p.m. • • I • • n -• • • Council Chambers CIT Y OF ENGLEWOOD, COLORADO May 3, 1 982 lb REGULAR MEETIN G: 'Th.e City Council of the City of Englewood, Arapahoe County, Colorado, met in Regular session on May 3, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. 'Th.e invocation was given by Council Member Thomas Fitzpatrick. 'Th.e 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 Memb ers Higday, Neal , Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent : None. 'Th.e Mayor declared a quorum present. * * * * * * Alo pres nt w r City Manager Mccown A Assistant City Manager Vargas Assistant City Attorney Holland Dir ctor of Engineering S rvices Died Deputy City Cl rk Watkins * * * * * * IL MEMBER 8110 MOVED TO APPROV TH MINUTES OF TING OF APRIL 5, 19 2. Council M mber rad1haw ot ion. DSHAW HOV D TO AMEND THE MOTION AND TH GUI.AR H ETI C OF APRIL 5, 1982. nd d h ion. Upon c ll of th roll, r 1ul d •• ollowe: re Hidy, al, itz patric Bndeh , 0 la. I • • In May 3 , 1982 Page 2 Nays: None. • • • The Mayor declared the motion carried. Upon a call of the roll, the vote on the origina l motion resulted as follows: Ay s: Nays: Council Members Higday, Neal, Fitzpatr ick, Weist, Bilo, Bradshaw, Otis. None. The Mayor decla red the mo tio n carried . * * * * * * COUNCIL MEMBER BRADSH AW MOVED TO APPROVE THE MINU TES OF THE RE GULAR MEETING OF APRIL 19 , 1982. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Memb rs Higday, Neal, Wei st, Bilo, Bradsha w, Otis. None. Council Memb r Fitzpatrick. Th Mayor i clar d the mo ion carried • • • * .. * * v1sl or, Mrs. Mar ie Kinca id , was pre en • he Engl wood V •• w. Po t 322 Auxiliary nd Cou ncil wi h hr e flag , one for he m n , one he Fire D partm n and one for th M yor O 1 Mrs. Kincaid. Mr • Kine id op y Dys and ask d * cc p he l gs and x end d appr elation to ave Mayor O ia a proclama ion concerning or Council ona d r ion. * * • I • • • May 3, 1982 Pag e 3 • • • Pre-scheduled visitor Robert A. Burce, Director, Center for the Improvement of Public Management, University of Colorado at Denver, was present. Mr. Burce explained a training seminar that his agency offers to public officials. Mr. Burce stated this seminar compli mented the CML-sponsored seminar. Mayor Otis stated Council would discuss this invitation among hemselves and let Mr. Burce of their dec ision. * * * * * * There were no other pre-scheduled visitors. * * * * * * time. Mayor Otis asked if there were any other visitors at this Beverly Howe, 3255 South Delaware, appeared before Coun- cil . Mrs. Howe expressed her concerns that the Gothic Theatre was showing X-rated movies again. Assistan City Attorney Holland stated the zoning ordi- nance passed by Council prohibits the showing of X-rated movies by the Gothic Theatre. Mr. Holland stated the Police Department has conducted a,investigation and issued court citations to the o wner and manager. Mr. Holland stated he was going to request action by Council ~gains h Th atre later in this meeting. Cou ncil M mber Fitzpatrick encouraged Mrs. Howe to call the City AL orney's office wi h any evidence she might have on the Gothic and o inform the same o anyone she migh know who is holdlng information on the Go hie Theatre • • • * • • • •communica ions -No Action Recommend d• on the agenda were: (a) Minu Board of Ad justment and Ap - peal of Mar ch 10, 1982. ( ) Mlnu s of Urban Ren wal Au hority mee - Mar ch 10, 1982. (C) th D nv r Regional Council of ing of Mar ch 17, 1 82. • I • • May 3 , 1982 Page 4 (d) (el ( f) (g) (h ) • • • Minutes of t he Boa r d of Career Service Com- missioners me eting o f March 18, 1982 . Mi nutes o f the Plannin g and Zoning Co mmission of April 6, 1982. Mi nu te s of the Water and Sewer Board mee ti ng o f Apr il 1 3, 1982. Minutes of the Public Library Board meet i ng of Apr il 1 3, 1 98 2. Municipal Court Activ i ty Report for the month of March, 1982. COU NCI L BILO MOVED TO ACCEPT •co MMUNICATIONS -NO ACTION RECO MM ENDED, AGENDA ITEMS SA -SH. Council Member Neal se c- onded he motion . Upon a ca ll of the ro ll , th e vo t e resulted as follo ws: Ayes: Nays: Coun cil Member s Hi gda y, Nea l , Weist , Bi lo , Brad s haw, Ot is . No n e. The Mayor d ecl ar e d t h e mo ti on car r i ed. * * * * * * City M nag r Mccown presen ed a Council Co mm unication from h Planning and Zoning Commission meeting of Ap ril 20 , 1982 con- e rning the finding of fact for an amendment of the Co mprehensive Zoning Ordinance 22.4-10 and 22.4-11. Mr. Mccown stated this mat- er would r quire public h ring by Council. COUNCIL BRADSHAW MOVED TO RECEIVE THE FINDING OF FACT ON CASE 7-82. Co uncil Member Fitzpatrick s conded the motion. Upon c 11 of h roll, th vot resulted s follo ws: Ay a: Council M mb rs Higday, N al, Weist, Bilo, Bradshaw, 0 is. N ys: Non . Th Meyo d clued he 0 ion cerri d. * • * * • * • I • • I1 - • • May 3, 1 98 2 Pag e 5 • • • City Manager Mccown presented a Council Communication from the Water and Sewer Board concerning the cleaning and cement lining of t he existing water main on South Broadway. Mr. Mccown stated a major story in the newspaper would be run to let people know work was going to be done on South Broadway. COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE BID FOR CLEAN- ING AND CEMENT LINING OF EXISTING WATER MAIN ON SOUTH BROADWAY TO AMERON PIPE LINING DIVISION IN THE AMOUNT OF $153,882.50. Council Member Fitzpatrick 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. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a recommendation from the Parks a nd Recreation Commission meeting of April 13, 1982 concern- ing repairs on Romans Park restrooms. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE BID FOR ROMANS PARK RESTROOM REPAIRS TO INTERIOR WALLS IN THE AMOUNT OF $6,700. Council Member Bradshaw seconded the ~otion. Upan a call of the roll , th vote resulted as follows: Ayes: Nays: Council Memb rs Higd ay , Neal , We ist, Bilo, Bradshaw, Otis. None. Th May or d clared the mo ion carried. ORDI NANC S RI S 0 NO. 22 1982 DINA.NC CR WOOD, COLO * • * * • BY AUTHORITY * COU NCIL BILL NO. 21 INTRODUCED BY COU NCIL MM ILO DISTRICT NO. 28 I TH CO STRUCTIO N TH CITY 0 DI N TALLATION I • • n May 3, 1982 Page 6 • • • OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVE MENTS TO- GET HER WITH NECESSARY INCIDENTIALS, ON CERTAIN STREETS AN D AVE - NUES; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IM PROV EMENTS; AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT. COU NCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 21, SERIES OF 1982, ON SECOND READING. Council Member Bradshaw sec-ond ed t he motion. CO UNCIL MEMBER FITZPATRICK MOVED TO DEFER THE PROJECT FOR ONE YEAR. Council Member Bilo seconded the motion. Council Member Bradshaw stated if the district was post- poned it would be harder to create in the future. Ms. Bradshaw stated it would be advantageous to take bids now and let staff offer reco mmendations on how to handle the remaining 151. Council Member Bilo stated even though the district is created this year, the assessments would not be due until next year and that should give people enough time to get the money together. Mr. Bi lo stated if the district is deferred, then time should be set aside to work on a method of notifying residents, evaluating the paving district rationale, etc. Council Member Higday not ed there a point of order nee ssary since there were two mo tions on the floor. Mayor O is ruled Council M mber Fitzpatrick 's motion out of o rder. COU NCIL MEMBER FITZPATRI CK MOVE D TO AMEND THE MOTION THAT ALL PAVING STREETS BE DELETED IN SECTIONS A AND B. Council Memb er Bilo seconded the motion. Upon a call of the ro ll , the vote on the m ndmen resulted as follows: Ay s: Nays: Council Member s Fitzpatrick, Bilo. Council Memb ers Higday, Neal, Weist, Bradshaw, Otis. Th M yor d clared he motion def at d. COU NCIL MEMBER HIGDAY MOVED TO AMEND THE MOTION AND DELET E OUTI LI NCOLN FROM THE DISTRICT. Council M mb r Bradshaw s conded h o fon. • I • • • • • • Ma y 3 , 1982 P age 7 Co uncil Member Hi gday withdrew his amendment and Counci l Me mbe r Br a d sh aw withdrew the second. COUNCIL MEMBER WEIST MOVED TO AMEND THE MOTION AND DEFER UNT I L NEXT PROPOSED PAVING DISTRICT SOUTH CHEROKEE FROM SOUTH LIN E OF YAL E TO NORTH LINE OF FLOYD THE 2700, 2800, 2900, 3000, 3 1 00, 3200 BLOC KS; TO AMEND THE MOTION AND DELETE THE TWO BLOCKS OF SOUT H LI NCOLN; TO AMEND THE MOTION REGARDING THE CONSTRUCTION ON SOUTH LOGAN AND NOT WIDEN IT FROM SOUTH LINE OF YALE TO NORTH LINE OF DARTMOUTH AND TO INCLUDE THE SUBSIDY AS AMENDED PREVIOUSLY BY CO UNCIL. Council Member Neal seconded the motion. Council Member Bradshaw stated in light of Council picking up the additional costs, she was in favor of retracting the sub- s idy. Council Member Bilo agreed. Council Member Fitzpatrick disagreed. Mr. Fitzpatrick want e d Council to pick up the administrative costs and leave it a s wr it t en . Co uncil Member Bilo feare d starting a precedent with th e remaini ng 1 51 by picking up administrative costs. Counc i l Member Higday stated the City Manager can charge the new Ass i stant C i ty Manager with recommending new ways to do pav i ng di st ricts . Coun c i l Member Higday recommended leaving in the su bsidy . Council M mb r N al s a ed Counci l has attempted in all good f a i th to a d dress the issues b r oug h t f orth a t the public h ear- ings and t h results ar represen d her a t this mee t ing. Upon c all o f t h roll , th voe on the amendment r e- sul ted as follow th Ay s: N y Council M mb rs Higda y, Ne a l , We i st, Br dsha w, Otis. Counc il Memb rs Fitz patric k, Bilo . Th Mayo r d cl rd th mo io n ca rr ie d. Dire c tor of ng n ering Serv ic s Gary Died e state d with m ndm n a us pass d by Council a nd wi th t h s ubsidy, the • I • • - • May 3, 1982 Page 8 • • • total cost of the paving district would be $617,600 and the City's share would be $145,000. Assistant City Attorney Ho lland read the following changes that would be incorporated in the bill as effected by the amend- ments: 1. On the first page, last WHEREAS, the sentence should read "WHEREAS, the Council has determined that certain protests and objections should be granted and certain impro vements de le ted from the proposed list of improvements, and the re- maining protests and objections overruled; 2. On page 3, delete all of South Cherokee Street and all of South Lincoln St. 3. On page 3, the middle paragraph should read: ·The improve- ments constructed on So. Logan St. and West Union Ave. con- sist of an a• compacted gravel base course and 3• asphaltic concrete surface; the City will pay the difference in costs which exceed the cost for 6• base course and 2• asphalt sur- face , and the extra width cost.• 4. S ri ke "b". 5. Change •c• to "b" and add W. Radcliff Drive, W. Chenango Ave., w. Stanford Ave., and w. Grand Ave. under this section . 6. In Section 6., add$ 17,600 under total cost and $145,000 for the City 's share . S rik the remaining paragraph starting wi h •as more particularly ••• incorporated herein by speci- fic reference.• Add the following in its place •follows : Asphalt Paving on S reets 36 ' Wide (6 and 2) $27.10 pr front foot Paving of other wid hs shall b in proportion to th above e s imate. 4• Thick Curbwalk 4" Thick Curbwalk Vertical curb and Sidewalk 4' wide -Type I -Type II gutter 6" thick concr te slab $21.71 $24.96 $14.44 $13.78 $ 4.34 per p r p r p r P r front foot front foot front foot front foot square foot All e tim tes xclude cid ntals and int re t he six percen ( I) for collection, in- s provided by la w. I • • • Ma y 3, 1 982 Pa g e 9 • • • Assistant City Attorney Hol l and stated the b ill c ontains the subsi d y . Further, h e a dv i sed Coun c il i t wou ld be n ecessary to read the bill a t a subsequent meet i ng sinc e i t is be ing am ende d . COUNCIL MEMBER NEAL MOVED TO AMEND THE BILL TO INCORPOR - ATE TH E I TEMS AS SET FORTH BY THE ASSISTANT CITY ATTORNEY. Council Member Higday seconded the motion. Upon a call of the roll, the vo te on the amendment resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. Council Member Bilo. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mot i on r esulted as follows: Ayes: Nays: Coun c il Member s Hi gday, Nea l , We is t, Bradshaw, Otis. Council Members Fitzpatr ic k, Bilo. The Mayor declared the motion c arr i ed • ORDIN ANCE NO . 23 SERIES OF 1982 • • • • • BY AUTHORITY • CO UN C I L BI LL NO. 29 I NTRODU CED BY CO UN CIL MEMBE R HIG DAY AN ORDI NA NCE PRO HIBITING METER CUSTO MERS FR OM REVERTI NG TO A FLAT RATE ACCOUNT. COUNCIL MEMBER HIGD AY MOVED TO PASS COUNCIL BILL NO. 29, SERIES OF 1982, ON F IN AL READI NG. Council MeMb r Silo s conded the motion. Upon a call of the roll , th vote re ulted as follows: Ay s: Nays: Council M mb rs Higday, Fitzpatric k, W is , Bilo , Brad ha w, O i • Council M mb r Neal . • I • • May 3, 1982 Page 10 • • • The Mayo r d eclared t h e mo tion carried. ORDIN ANCE NO. 24 S ERIES OF 1982 * * * * * BY AUTHORITY * COUNCI L BILL NO. 2 3 INTROD UC ED BY COUN CIL MEMBER BI LO AN ORDINANCE APPROVING A CO NTRA CT BE TWEEN THE C I TY OF ENGLE - WOOD , COLOR ADO , AND THE DE NVER REG IONAL COUN CIL OF GOVERNMENT S FOR THE PRO VIS ION OF S ERV I CES BY THE CITY I N THE EXECUTION OF TH E DE NVER RE GIO NAL UR BAN RUNOFF PROGRAM AND FOR REIMBURSEMENT BY THE COU NC I L OF GOVERNMENTS TO THE CITY OF EL IGI BLE PROJECT COST S NOT EXCE ED ING $10 ,000. COU NCIL MEMBER BIL O MOVED TO PA SS COUN CI L BILL NO. 23 , SERIES OF 198 2 , ON FINA L READING. Cou n cil Me mb e r Hig d ay s econded the motion. Upon a call of the r ol l, the vote r e su l ted a s follows: Ayes : Nays : Council Memb e r s Higday , Ne al , F i tzpatr ic k, We ist , Bi l o, Brad shaw, Otis . None. The Mayor declared the motion carried. ORDINA NCE NO. 25 SE RIES OF 1982 * * * * * BY AUT HORITY * COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER NEAL AN ORD INANCE APPROVING AN AGREEMENT WITH VARIOUS CITIES OF THE COU NTY OF ARAPAHOE AND BROWN, BORTZ AND CO DDINGTON RELATING TO D NVER/A RAPAHOE COUNTIES FISCAL FLOW STUDY. COUNCIL ME MBER NEAL MOVED TO PASS COUNCIL BILL NO. 27, S RIES OF 1982, ON FINAL READING. Cou ncil M mb r Silo seconded th e mo ion . Upon a call of h roll, the vot r sulted as follo ws: Aye I Cou ncil M mbers Higday, N 1, Fitzpatrick, Weist, Bilo, Bradshaw, O i • I • • - • May 3, 1982 Page 11 Nays: Non e . • • • The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1982 * * * * * BY AUTHORITY A BILL FOR * COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING A CONTRACT FOR MUNICIPAL SERVICES TO PERMIT OTHER GOVERNMENTAL ENTITIES TO USE THE ENGLEWOOD ANIMAL SHELTER . COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 28, SERIES OF 19 82. Council Member Bilo seconded the mo tion. Council Member Higday requested to discuss this matter at a study session. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, We ist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion ca rried. ORDIN ANCE NO. SERIES OF 1982 * * * * * BY AUTHORITY A BILL FOR * COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER BILO AN ORDI NANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ENGLEWOOD TO PERMIT MOTOR VEHICLE REPAIR USE AS A CONDI- TIONAL USE IN THE B-2 ZONE DISTRICT • • I • • May 3, 1982 Page 12 • • • COUNCIL MEMBER SILO MOVED TO PASS COUNCIL BILL NO. 30, SERIES OF 1982, ON FIRST READING. Council Member Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Assistant City Attorney Holland transmitted the •erief of Defendant City of Englewood• in the matter of Oddfellows vs. City of Englewood. * * * * * * Assistant City Attorney Holland discussed a grant of a sewer easement between West Vassar Avenue and West Hillside Avenue along the west side of Lot 31. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE EASEMENT GRANT ON WEST HILLSIDE. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Assistant City Attorney Holland informed Council a settlement has been reached in the matter involving spalling concrete in a past paving district with Western Paving. * * * * * * Assistant City Attorney Holland discussed the matter of s treet d dication at the property located at 4500 South Windemer e. Mr. Holland advised the Council to proceed on the suit of taking i tle . • I • • ...... • May 3, 1982 Page 13 • • • COUNCIL MEMBER BRADSHAW MOVED TO AUTHORIZE THE CITY ATTORNEY TO PROCEED WITH MATTER OF 4500 SOUTH WINDEMERE. Council Member Fitzpatrick seconded the motion. Upon a call of the ro ll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Silo, Bra shaw, Otis. None. The Mayor declared the motion carried • • • • • • • Assistant City Attorney Holland discussed the matter of Rosen-Novak not honoring their bid for police cars. Mr. Ho lland stated negotiations are underway and requested authorized to file suit if negotiations fail. COUNCIL MEMBER NEAL MOVED TO CONTINUE NEGOTIATIONS; AND IF NECESSARY TO FILE SUIT AGAINST ROSEN-NOVAK. Council Memb er Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatr ick, We ist , Bilo, Brashaw, Otis. Non • The Mayor declared the motion carried • • • • • • • Assistan City A torney Holland discussed the status of he Soon Ye Scott, massage parlor applicant, matter. Mr. Holland sated th re is memorandum from Rick DeWitt, City Attorney, recommending proceeding in the case. There is an offer from the plantiff, and this wou ld be discussed further at the next meeting. Mr. Holland stated District Court did not reverse the decision o f the Council . Mrs. Scott 's attorney may appeal this order as w 11 Mr. Holland stat d. • • • • • • COU NCIL MEMBER BRADSHAW MOVED TO SET A PUBLIC HEARING CONCER NIN G PERMITTING MOTOR VEHICLES IN B-2 ZONE FOR JUNE 7, 1982, AT 7:30 P.H. Council M mber Ne 1 s cond d the motion. Upon a c 11 of h roll, h vot r sul ed s follows: I • • - • Ma y 3, 1 98 2 Pag e 14 Ayes: Nays: • • • Co uncil Me mbers Higday, Nea l , Fitzpatrick, We ist, Bilo, Brashaw, Otis. None. The Mayor declared the motion c a rr i e d . * * * * * * Assistant City Attorney Holland stated the argumen t o f the Ci t y vs. Career Service in the ma t ter of t he Ca r eer Service Bo a r d inc luding t he sergeants in the bargaining unit will go befo r e Arapahoe District Court on May 24, 1982. * * * * * * Assistant City Attorney Holland stated the matter o f Rocky Mo unt ai n Acqui s itions vs. City of Englewood will be heard i n Arapa- hoe Co unty District Court on May 24, 1 98 2. * * * * * * Assistant City Attorney Ho l land asked for authorizat ion to bring ac t i on aga i nst the Gothic Theatr e i n the theatre's ac ti on of showing X-rated movies wh ic h vi o l at e s th e zoning ordinan ce . COUNCIL MEMBER FITZPATRICK MOVED TO AUTHORIZE THE CI TY ATTO RNEY TO TAKE ACTION AGAINST THE GOTHI C THEATRE. Coun c i l Me m- be r Bilo s e conded t he mo tion . Upo n a call of t h e roll, th e vote r sulted as follo ws: Ayes: Nays: Council Me mbers Higday, Neal, F i tzpatrick , Weist , Bilo, Brashaw, Otis . None. The Mayor dec l ared the motion carried . * • * * * * City Manager Mc co wn presented a Council Communication co n c erning Aid To Other Agencies . COU NCIL ME MBER BRADSHA W MOVED TO DIS PEN SE FUN DS UNDER AID TO OT HER AGE NCIES AS FOLLOWS: I • • • May 3 , 1982 Page 15 I NTERFAITH TASK FORCE ARAPAHOE HOUSE COMMU NITY ARTS SYMPHONY LEAGUE OF WOMEN VOTERS • • • $11,500 7,000 3,500 700 AND NOT ALLOCATE OTHER UNLESS THE OTHER AGENCIES CONTACT TH E COUNCIL . Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Brashaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented the six-quarter budget for the period of April, 1982 through September 1983. Mr. Mccown dis - cussed the changes to the budget proposing various methods of fund - ing the changes. Mr. Mccown stated because there was a reduction in Paving District No. 28 work, the additional $65,500 would not be needed. Director of Engineering Services Diede requested $30,500 to do the proposed overlay in Centennial Acres. Council decided to take the funds from General Fund re - venues . RESOLUTION NO. 22 SE RI ES OF 1982 Exhibit 1 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 22, SERIES OF 1982. Council Member Fitzpatri c k seconded the motion. COUNCIL MEMBER NEAL MOVED TO AMEND THE RESOLUTION BY CHANGING: "UNDER SECTION 1 SOURCE OF FUNDS GE NERAL FUND TO $30,500, UNDER APPLICATION OF FUNDS STREET ANO SIDEWALK DISTRICT NO. 28 TO $25 ,000, TOTAL TO $30,500; UNDER SECTION 2 SOURCE OF FUNDS GENERAL FU ND BALANCE TO $30,500, AND APPLICATION OF FUNDS PJF TRANSFER TO $30 ,500. Council Member Bilo seconded the motion. Upon a call of he roll, the vote on th amendment resulted as follows: • I • • n - • May 3 , 198 2 Page 16 Ayes: Nays: • • • Council Members Higday, Neal, Fitzpatrick, Weist, Silo, Brashaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Brashaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council Communication fr o m the Department of Engineering Services concerning an award of con - tra c t for demolition of structures and site preparation at 3449 So uth Broadway and 126-130 East Girard Avenue. City Manager Mccow n recommended the contract be awarded to the low bidder, Howard's Used Brick & Demolition, in the amount of $18,250. Mr. Mccown sta t ed staff has verified this company's references and they appear to be qualified even though the City does not have previous ex- p eri ence with them. COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE BID FOR DE- MOLI T I ON OF STRUCTURES AND SITE PREPAPATION AT 3449 SOUTH BROADWAY AND 126-130 EAST GIRARD AVENUE TO HOWARD'S USED BRICK & DEMOLIT I ON I N THE AMOUNT OF $18,250. Council Member Fitzpatrick seconded the mo ti on. Upon a call of the roll, the vote resulted as follows: Ay es : Nays: Co un cil Members Higday, Neal, Fitzpatrick, Weist, Silo, Brashaw, Otis. None. The Mayor declared the motion carried. * * * * * * C ity Manager Mccown presented a Council Communication fr o m t h e Director of Parks and Recreation and the Assistant Director of I • • - • • • • May 3, 1982 Page 17 Finance concerning Spencer Ballfield lighting. Mr . Mccown recom- mended awarding the bid to Maupin Electric Co. who was the low bidder. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT THE BID AND AWARD THE CONTRACT TO MAUPIN ELECTRIC CO. IN THE AMOUNT OF $17,288. Council Member Fitzpatrick seconded the motion. Upon a cal l of the roll, the vote resulted as follows: sold. Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bile, Brashaw, Otis. None. The Mayor declared the motion carried. Council noted the old lighting should be auctioned off or • • • • • • City Manger Mccown presented a Council Communication from the Downtown Management Committee concerning the contract with De- sign Workshop, Inc. COUNCIL MEMBER NEAL DESIGN WORKSHOP, INC. WITH A Higday seconded the motion. resulted as follows: MOVED TO APPROVE THE CONTRACT WITH LIMIT OF $20,000. Council Member Upon a call of the roll, the vot e Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Bile, Brashaw, Otis. Nays: None. The Mayor declared the motion carried • • • • • • • City Manager Mccown transmitted the 1981 Annual Financial Report. Mr. Mccown commented the report indicated the City wa s in good financial condition; however, h advised Council to take a look at the Sewer Fund. Mr. Mccown stated a representative from the auditing firm would be present at a study session on May 17th to discuss the management letter • I • • - • May 3 , 1982 Page 18 • • • COUNC IL MEMBER FITZPATRI CK MOVED TO RECEIVE THE 1981 ANNUAL FINANCIAL REPORT. Council Member Bilo seconded the motion Upon a call of the roll, the vote resulted as fol lo ws: Ayes: Nays: Council Members Higda y, Neal, Fitzpatri ck, Wei st , Bilo, Brashaw, Otis. None. The Mayo r declared the motion carried. * * * * * * Council Member Bradshaw inquired as to the status of the ID Program. City Manager Mcco wn stated the Parks and Recreation De - partment has been authorized to proceed and he would chec k the progress . * • * * * * Council instructed staff to send a letter of appreciation to Mrs. Kinc aid for the flags. * * * * * * COUNCIL BRADSHAW MOVED TO APPROVE THE PROCLAMATION DECL AR ING MAY 9 -16, 1982, AS "NATIONAL SMALL BUSINESS WEEK". Council Member Bilo seconded the motion. Upon a call of the rol l, he vote resulted as follows: Aye s : Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Brashaw, Otis. Non • The Mayor declar d the motion carried. • * * * * * COU NCIL MEMBER ITZPATRICK MOVED TO APPROVE THE PROCLAMA - TION DECLARI NG "V.F.W. BUDDY POPPY DAYS". Council Memb r Bradshaw s conded h motion. Upon a call of the roll , the vote resulted as follows: Ayes: Council M mb rs Higday, Neal, Fitzpatrick, We i , Bilo, Br shaw, Otis • • I • • • May 3, 1982 Page 19 Nays: None. • • • The Mayor declared the motion carried • • • • • • • Council Member Bradshaw directed the City Attorney's office to prepare an ordinance requiring all boards and commis- sion s to meet within the City Hall building and to provide Council with a calendar of monthly meetings • • • • • • • A visitor in the audience requested permission to speak concerning Paving District. He stated he lived at 2730 South Logan. Council requested his Council representative, John Neal, District II, to address his concerns after the meeting • • • • • • • Council Member Bilo requested information regarding what imp rovements were needed at the animal shelter • • • • • • • Assistant City Attorney Holland stated the argument on the water tower case was heard and it would probably take two to six months for the court to respond • • • • • • • There was no further business to discuss • • • * • • • COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 9:25 p.m. I • • r.- ( ( • • • • MINUTES OF ENGLEWOOD HOUSING AUTHOR ITY REGULAR MEETING March 24, 1982 5 Th e regular meeting of the Englewood Housing Authority was called to order by Ch airman Thomas J. Burns at 5:15 P.M. at the Simon Center, 3333 South Lincoln, Englewood, Colorado. Roll Call Members Present: Thomas J. Burns, Chairman Reverend Stan Fixter Cindy Peterson Members Absent: Betty Beier, Vice-Chairman Beverly J. Bradshaw Others Present: Frances Buck Jonas, Executive Director Linda A. Knopinski, Housing Administrator Al VanDemark, Technical Services Supervisor Carl Fischer, Inspecting Architect, Maxwell L. Saul & Associates Tom Chandler, Nelson-Roth of Colorado, Inc. Jack Buschmann, Nelson & Company, Inc. Ann Roman, HUD Intern Gene Luetters, President, Nelson Company, Building Contractors Marty Weis, Superintendent, Nelson Company, Building Contractor s Recording Secretary Read ing and Approval o f Minutes The minutes of September 16, 1981 were considered for approval. ~ CINDY PETERSON MOVED AND REVEREND STAN FIXTER SECONDED THE 1'1JTION TO APPROVE THE MINUTES OF SEPTEMBER 16, 1981 AS WRITTEN. THE 1'1JTION CARRIED AS FOLLOWS: AYES: AYS: ABSENT: BURNS, FIXTER, PETERSON NONE BEIER, BRADSHAW The minutes of th Annual/R gular fo r pprov 1. ting on Febru ry 17, 1982 were consider d ~ CI NDY PETERSON l«>VED AND REVEREND FIXTER SECO NDED THE MOTION TO ACCEPT THE lNUTES OF THE ANNUAL/REGULAR MEETING OF FEBRUARY 17, 1982 AS WRITTEN. THE l«>TION CARRIED AS FOLLOWS: AYES: AYS: AB SENT: BURNS, FIXTER, PETERSO ONE BEIER, BRADSHAW • I • • n - ( ( ( • • • • Orchard Place -Status Report Mr. Chandler stated that the Certificate of Occupancy has been issued for Orchard Place. He stated that yesterday the Certificate of Completion Part I was done which consisted of approximately $38,600 worth of punchlist items of which approximately $36,000 was for the lawn sprinkler system and landscaping. Mr. Chandler stated that the final walkthrough was done yesterday afternoon, and the closing will be Friday, March 26, 1982 at 11:00 A.M. Mr. Chandler stated that he was very pleased with the product that Brady Corporation has given Nelson-Roth. Mr. Chandler stated that the landscaping should be done within the next two to three weeks. Mr. Fischer stated that there were two minor problems that will be taken care of. One is the til in th entryway which is not satisfactory. The other is that the master key did not work 1D the f ront door. Mr. Fischer discussed a couple of items on the HUD construction reports of March 16, 1982 from John Pettit that were listed as non-compliance items. Mr. Fischer stated that all items in this report were complied with except Item Sb and Sh. Item Sb states that specifications require 20 AMP switches at all three-.ray locations. Mr. Fischer stated that Mr. Pettit was interpreting the specifications and there wa s a disagreement on the interpretations of them. Mr. Fischer stated that he talked with the engineer who wrote the specifications regarding this matter. Mr. Dornbusch received a letter from the engineer interpreting that the 15 AMP switches that were used were appropriate and met the building code; therefore, on the sign-off, there will be a letter attached stating that this item has been accepted. Mr. Fischer discussed Item Sh which states that lead flashing of pipe vent penetrations on the roo f have been omitted. Mr. Fischer stated that the mechanical specifications call for lead flashing. He stated that there is now a trocale roof system and lead flashing is not compatible with trocale; therefore the lead flashing was omitted back in the negotiations over the specifications. Mr. Fischer stated tbat trocale is a plastic membrane type roof. Discussion ensued. Mr. Fischer stated that he has been very happy with Brady Corporation's performance and that Mr. Dornbusch has been extremely cooperative throughout the project. Mrs. Jonas discussed the Certificate of Completion which shows that all the payrolls hav been checked and are correct according to the Davis-Bacon Act and th t ther are no m chanics liens. Mrs. Jonas stated that hen eds authorization to sign off on Mr. Fisch r's letter about th thre -w y switch s, the lead flashing nd the EHA's receipt of the as-built drawings for Orchard Place. ~ RF.VER.END FIXTER HOVED AND CINDY PETERSON SECONDED THE MOTION TO ACCEPT THE 15 AMP THREE-WAY SWITCHES AND LEAD FLASHING DELETION AND TO ACCEPT RECEIPT OF THE AS-BUILT DRAWl GS FOR ORCHARD PLACE, TO ACKNOWLEDGE THAT CARL FISCHER HAS EXPLAINED THESE ITEMS TO THE EHA AND TO AUTHORIZE THE CHAIRMAN TO SIGN ACCEPTANCE OF A LETTER FROM MR. FISCHER TO THE EHA DATED MARCH 22, 1982 CONCERNING THESE ITEMS. THE l'llTION CARRIED AS FOLLOWS: AY S: NAYS: ABS£ T: BURNS, FIXTER, PETERSON 0 BEIER, BRADSHAW -2- • I • • - ( ( • • • • Orchard Place -Status Rep ort Mr. Chandler stated that the Ce r t i ficate of Occupancy has been issued for Orchard Place. He stated that yesterday the Certificate of Completion Part I was done which consiste d o f approximately $38,600 worth of punchlist items of wh ich approximately $36,000 wa s for the lawn sprinkler system and landscaping . Mr. Chandler sta ted that the final walkthrough was done yesterday afternoon, and the closing will be Friday, March 26, 1982 at 11:00 A.M. Mr. Chandler stated that he was very pleased with the product that Brady Corporation has given Nelson-Roth. Mr. Chandler stated that the landscaping should be done within the next two to three weeks. Mr. Fischer s tated that there were two minor problems that will be taken car e of . One is the tile in the entryway which is not satisfactory. The other is that the master key did not work in the front door. Mr. Fischer discussed a couple of items on the HUD cons truc tion reports of Ma rch 16 , 1982 from John Pettit that were listed as non-compliance items. Mr. Fischer stated that all items in this report were complied with except Item 5b and Sh . Item Sb sta tes that specifications require 20 AMP switches at all three-way loca tions. Mr. Fischer stated that Mr. Pettit was interpreting the specifications and there was a disagreement on the interpretations of them. Mr. Fischer s tated that he talked with the engineer who wrote the specifications regarding th is matter . Mr. Dornbusch received a letter from the engineer interpreting that the 15 AMP switches tha t were used were appropriate and met the building code; therefore, on the sign-off, there will be a letter attached stati.ng that this item has been accepted. Mr . Fischer discussed Item Sh which states that lead flashing of pipe vent penetrations on the roof have been omitted. Mr. Fischer stated that the mechanical specifications call for lead flashing. He stated that there is now a trocale roof s ystem and lead flashing is not compatible with trocale; therefore the lead fl a shing was omitted back in the negotiation s over the specifications. Mr. Fischer stated that trocale j s a plas t ic membrane type roof. Discussion ensued. Mr. Fisch e r s ta t ed that he ha s been very h ppy with Brady Corporat ion's perf orma nc e and that Mr . Dornbusch has been e xt reme ly c ooperat i ve throughout the projec t . Mrs. Jona discussed the Ce r tifica t payroll hav b en checked and r th t ther a r e no chanics li na . o f Comp l tion whic h shows t hat all th c orrect acco rdin g t o the Davia-B con Act and Mrs. Jonas s t a t e d th t s h n eds authoriza tion to sign o ff on Mr. Fis ch r's 1 tter bout th t hree-w y s witch s, the l ed fla bing and th ERA' receipt of th s-built dr wings fo r Orchard Plac e. ~ R .VEREND FlXTER l't>VED AND CINDY PETERSON SECONDED THE MOTION TO ACCEPT THE 15 AMP THREE-WAY SWITCHES AND LEAD FLASHING DELETION AND TO ACCEPT RECEIPT O THE AS -BUILT D I GS FOR ORC HARD PI.ACE , TO ACKNOWLEDC E THAT CARL FISCHER HAS EXPLAINED THES E ITEMS TO THE ERA AND TO AUT HORJZ CRAI.R.MAN TO SIGN ACCEPTANCE 01' A LETTER FRO!-! FISCHER TO T ERA DAT ED MAR CH 22 , 198 2 CO CERNING THESE ITEMS. THE 110 I£1> AS OLLO S: YES: FIXT , PET RSO. YS: NT: , SRAD HA -2- • I • • ( • • • • Performance Bonds Mr. Chandler s tated that all the items relat ing to performance bonds and the closing on Orchard Place have been approved by HUD and the EHA's attorney, Kirk Wickersham. The closing on Orchard Pl a ce will be Friday, March 26, 1982 at 11 :00 A.M. Duplex Units Mr. Burns stated that the closing on the duplex sites was Monday to transfer them over to Nelson-Roth. He stated that the building permits will be applied fo r soon. Mr. Chandler introduced Mr. Gene Luetters, President of Nelson-Roth Construction Co mpan y , and Mr. Marty Weis, Superintendent on the duplex project. Mr. Chand ler s tated that Mr. Luetters and Mr. Weis have been out staking the lots today. He sta ted that the building permit applications have been filled out, the bonds have been obtained and Nelson-Roth hopes to be able to pick up the building permits either Thursday or Friday. Final Site Approval Mr. Chandler stated that on the duplexes and mid-rise projects, Colorado Housing Finance Authority (CHFA) and First of Denver require that HUD allow Nelson-Roth to assign the Turnkey Co ntract of Sale to them for financing. Therefore, both HUD and the EHA need t o sign off on the assignment of the Turnkey Contract of Sale for the duplexes. Mrs. Chandler stated that Nelson-Roth will be closing their loan on April 7th with CHFA. Mr. Ch andler stated that there are exceptions in the title policies for the dup lexes that were waived. The First of Denver requires that there be a waiver of title exc e ptions if they are not going to affect the project. Mr. Chandler stated that HUD bas already signed off on the exceptions and now the EHA'a attorney n e ds to do the same. Mrs, Jonas asked how the waiv r stated that it should state th Denv er, if there are excep tions adve rsely aff ct the title , th exceptions. of title exceptions should be worded. Mr . Chandl r following: "If required by CHFA or Fint of con tained in the title po l icies that wou ld not EHA will consent to sign a waiver to the& MOTION UNDY PETERSON lt?VED AND REVEREND FIXTER SECONDED THE lt?TIO TO APP OV THE RESOLUTION ENDORSING THE SIGNI G OF THE ASSIGNMENT OF TURNKEY CONTRACT OF SALE FOR THE PURPOSE OF SECURING THE DEVELOPERS CONSTRUCTION LOAN POR THE DUPLEX UNITS. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, FIXTER , PETERSO ONE BEIER, BRADSHAW lt?TION REVE END FIXTER VED AND CINDY PETERSON SECONDED THE 1'i>TIO TO AUTHORIZ THE EHA TO WAIV'E ANY EXCEPTIONS THAT ARE SHOWN O THE TITLE COMMI TMENTS 0 DUPLEX LOTS IF THEY DO NOT AF ECT THE MARJCETAJIILITY OF THE UNITS O TH! P OJECT ITSELF, THE l'llTIO CARRIED AS FOLLOWS: -3- • I • • AYES: NAYS: ABSENT: BURNS, FIXTER, PETERSON NONE BEIER, BRADSHAW • • • Mr. Burns stated that this above matter ha s been approved by the ERA's attorney, Kirk Wickersham. In response to Mr. Burns' question, Mrs. Jonas stated that the contingency fund on the duplex project is 1% of approximately $500,000, for an approximate total of $5 ,200. Mrs. Jonas stated that the closing on the sites was Monday, March 22, 1982. She sta ted that the closing was complicated due to HUD's requirements. In order not to show the CDBG money and the cost of the sites on the development budget for the duplexes, HUD had the ERA buy Nelson-Roth's two properties. This gave the EHA all five (5) properties. At that point the EBA donated all five (5) propertie s to Nelson-Roth. Mrs. Jonas stated that Nelson-Roth now has the five (5) sites and is beginning construction on them. Mr. Chandler stated that a lot of the work on the duplex units is to be subcontracted ou t. He stated that the construction on the duplexes will probably take the full six months to complete. Mr. Chandler stated that Mr. Fischer has been most cooperative to work with on the mid-rise project. He stated that he also appreciated Mr. Fischer and Mr. Dornbusch's expertise on this project. Mr. Burns stated that the EHA Board also appreciates Mr. Fischer's efforts on this project and that he has kept the Board very well informed of the details of the project. Mr. Burns stated that the Board also appreciates the efforts of Nelson-Roth • nd all their work on the mid-rise project. The gentlemen from Nelson-Roth left the meeting. Preparation for Man gement Mrs . Jonas s tated that sh had hop d to have the operating budget done for the mi d-ris e for th Bo rd meting, but it will have to wait until next month. She bri fly d isc ussed what the operating budget entails. Mrs. Jonas stated that this as th initial o peratin budget which is for that portion of the first fiscal y ar tha t i s no t an entir year, since th EHA's fiscal year ends December 31, 198 2, Mrs . J onas t a ted th t since the closing will tak place on Friday, the date of ull av i labi lity is t h fin 1 day of the month in which the EHA takes possession o th bu i ldin • From d t of full av ilability (DOFA) until the last day of th n xt qua rt r, if 95% leas up is achi ved during the quart r, this is called th lniti 1 Ope r at ing P riod. Sine it ia anticipated that th End of Initial (lp rating P riod (EIOP) will b Jun 30, 1982, the Initial Operating Budget would b gi n July l at nd run through Decemb r 31st. Discussion ensued. lnauran r~. Jon as s tat d that the bid op ning on the insurance proposals for Orchard Place a do n 1 at Friday . She stated that abe ia still evaluating theaa bids. Di posi tion Po licy, R solution #12, Series of 1982 Kr a . Knopinski stat d th t th disposition policy basically outlines the Jiapo ition of p raonal prop rty belongin& to the EHA. Mra. Knopinski stat d that -4- • I • • -• • • this policy addresses personal property under $100, $100 to $1,000 and then over $1 ,000. The personal property would include the van, appliances, community room furniture or maintenance equipment. Mrs. Jonas stated that this is a part of the Annual Contributions Contract (ACC), and is actually capitalized housing authority property rather than personal property, but this is HUD's format. Discussion ensued. MOTION REVEREND FIXTER l'()VED AND CINDY PETERSON SECONDED THE KJTION TO APPROVE RESOLUTION #12, SERIES OF 1982 APPROVING THE DISPOSITION POLICY FOR PUBLIC HOUSING PROJECTS. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, FIXTER, PETERSON NONE BEIER, BRADSHAW Mrs. Jonas discussed the capitaliza tion criteria policy, Resolution #13, Series of 1982 . MOTION CINDY PETERSON MOVED AND REVEREND FIXTER SECONDED THE K>TION TO APPROVE THE CAPITALIZATION CRITERIA POLICY FOR PUBLIC HOUSING UNITS, RESOLUTION #13, SERIES OF 1982. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, FIXTER, PETERSON NONE BEIER, BRADSHAW ( Discu ion ensued regarding the letter froa HUD dated Karch 19, 1982 concerning th EHA' request to use the 30 p rcent of inco for rent determination for Proj c t umb r CO 48-2. Ther were a few proviaions in the regulations that ( r changed. The letter stated how the Public Housing Agency should establish rents b s don the regulations. Mrs. Knopinaki atated that due to the information in his letter, the admission policy nd lease for the Public Housing units will , v t o b changed. Mrs. Jonab sta t d that the EHA applied to HUD for a waiver to charge 30% of th in o as rent instead of 25%. This wa s approved by HUD; however, the told that ther wa s a package of chan es that went along with the stat d that the waiv r was approved F bruary 26, 1982 and 1 tter fro HUD this w k outlining th changes. Discussion d re rdin ch ng s. nd Op n Hou& Mr . Jonas stated th t sine it i s not c rt in wh n the closing will take place and it t k a p riod of tim t o put together a dedication, th staff waa n id rin w iting until May to hold the dedication. Mrs. Jonas atated that May 13th , which is a Thursd y, is the 80th anniv raary of Englewood. Discusaion ed r rding h vin the op n hous nd dedication on the weekend rather than on a uk Jay . It w d cid d to h v th op n house and dedication of Orchard Place n und y , Kay 16th at 2:00 P.M. The re I short br ak for dinnar. Mr. 1 hr lit th ting. -5- I • • - ( • • • Rehab Report Loan Agreement -Mrs. Jonas stated that this new loan agreement for an additional $500,000 loan from the local consortium of banks incorporated the lump sum information that had to be done after the fact from the last agreement. Mrs. Jonas stated that Mr. Burns and representatives from the Bank would sign this loan agreement . MOTION CINDY PETERSON MOVED AND REVEREND FIXTER SECONDED THE l«)TI0N TO AUTHORIZE THE EXECUTION OF THE LOAN AGREEMENT BY THE CHAIRMAN AND EXECUTIVE DIRECTOR OF THE ENGLEWOOD HOUSING AUTHORITY CONTINGENT UPON THE EHA 'S ATTORNEY APPROVAL. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, FIXTER, PETERSON NONE BEIER, BRADSHAW Contingency Policy Mrs. Jonas stated that it has been approximately one year since the Rehab loan limit was changed. She stated that there have been several cases recently where a loan was approved for a certain amount and it was later discovered that more code work was needed for an additional amount. Mr. VanDeaark stated that the additional cost could go as high as $1,500 per home. Mr. VanDemark stated that the contingency amount would be $1,200 above the loan limit if the equity is in the house. If the amount of iaproveaents needed wou ld ( go above $1,200, the approval of such would be up to the Rehab Loan Coaaittee. ( • Mr. VanDemark stated that the additional improvements are needed in about one in every 20 cases. The amount can vary from $50 to $1,500 depending on the work involv d. Mr. VanDemark stated that a few times faulty wiring has been revealed aft r the walls wer opened up. Hrs. Jonas stated that this would be a staff approval of contingency based on an emergency situation and only on code problems. -~ REVEREND FIXTER MOVED AND CINDY PETERSON SECONDED THE l«)TI0N TO APPROVE THE CONTINGENCY FUND FOR THE REHAB LOAN PROGRAM FOR A MAXIMUM A!«>UNT OF $1 , 200. THE mnoN CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, FIXTER, PETERSON NON BEIER, BRADSHAW Discustiion n~u d reg rding one of the r hab cli nte who applied for a arant. Mr. VanD mark stated that a housing inspection wa a mad and aaverel code viol tiona w r found. The Building Department w I contact d to tell th m of the what could b don . Th inspector, det rmin d, after evaluation, ap proximately $30,000 to repair th home and fear d they would h ve houa Mr. VanDemark stated that a f of th inap ctore and him h ny improv nta w r actually ne d d to ke p th f ali.ly r bein rk it ma ver put up to bid and a bid below th arant limits wa a r ceiv d. Mr. VanD aarlt stated th t th I.iv nia Club and Arapaho County will aaaiat in insulation and r plac1n& wind •· Kr. VanD ... rk stated that th a t ff found t mporary houain for this faaily for on aonth while th work 1• bin don on th ir ho -6- • I • • - ( • • • • Lump Sum Drawdown Agreement Mrs. Jonas stated that the 1979 CDBG lump sum drawdown agreement has been signed and sent to HUD for their approval. Mrs. Jonas stated that Margo Blu from HUD had called and told her that Englewood has a good program and it leverages a lot of money. Ms. Blu relayed that Englewood was the best example in Region VIII of leveraging. State Grant Application Mrs. Knopinski stated that the EHA has just submitted an application to the State Housing Division for $100,000. This will be a grant and can be used like the EHA is using the City money. This money would be used in target areas and outside target areas with a $3,000 limit for grants, and the money will also be used to subsidize loans outside of target areas. Mrs. Jonas stated that the EHA had three days' notice to put together this application. Mrs. Knopinski stated that Janet Grimmett, Rehab Assistant, has done a lot of work on this application. Mr. VanDemark left the meeting. Section 8 Existing Report Mrs. Jonas briefly discussed the annual financial reports. She stated that the EHA collected $30,000 extra money from HUD last year and a check was sent to HUD to pay this back. Mrs. Jonas stated that at this point there is an operating reserve of approximately $19,000. She stated that the Section 8 Program is in good financial condition at this time, Simon Center Report Mrs. Jonas stated that since the former Managers of Silaon Center are no longer employed by the EHA, the Assistant Managers decided they wanted to become the Managers and have moved into the Managers apartment. Mrs, Jonas stated that Roy and Marian Young, who were previous Assistant Managers of SilllOn Center a few years ago, expressed an interest in becoming Assistant Managers of Simon Center again, They will be assuming th Assistant Manager position shortly. Mrs, Jonas stated that the minutes for the special meeting of March 3, 1982, regarding the former Managers of Simon Center, will be approved at the next meeting • .!!!!!.Q.!! Cl Y PET SO VED AND STAN FIXTER SECONDED THE K>TlON TO GO INTO EXEetrrIVE S SSIO TO DISCUSS THE TRANSACTIONS AT THE SPECIAL MEETING OF MARCH 3, 1982. THE TIO CARRIED AS FOLLOWS: AYES: AYS: ABSP.NT: REVRR S10N. BURNS, FIXTER, PETERSO E BEIER, BRADSHAW .!!!!!.Q.!! VED AND CINDY PETERSON SECONDED THE K>TION TO LEAVE UEetrrlVE IED AS FOLLOWS: lXT , PETERSO HI JW>SHAW -7- • I • • ( • • • ~ REVEREND FIXTER MOVED AND CINDY PETERSON SECONDED THE MOTION THAT THE ENGLEWOOD HOUSING AUTHORITY BOARD ENDORSE AND SUPPORT THE POSITION TAKEN BY THE EXECUTIVE DIRECTOR REGARDING ADDITIONAL COMPENSATION FOR THE FORMER RESIDENT MANAGERS OF SIMON CENTER. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, FIXTER, PETERSON NONE BEIER, BRADSHAW Mrs. Knopinski stated that she met with LouAnn Mi chelson at Malley Center about using some of the Simon Center's community space for some of their overflow activities. Discussion ensued. Ne w Lease for Simon Center Mrs. Knopinski discussed the new requirements for Section 8 New Construction pertaining to the residential lease. She stated that these requirements are to be effective April 1st. Mrs. Knopinski stated tha t all tenants will have to be recertified and be und r this lease within a year and three month period. This lease will be in effe t April 1st for new residents and a 60-day notice will be given to the current residents when the new recertifications are done under this new lease. Discussion ensued regarding this new lease. ~ CINDY PETERSON M:>VED AND REVEREND FIXTER SECONDED THE ~TION TO ACCEPT THE NEW LEASE FOR SECTION 8 NEW CONSTRUCTION (SIMON CENTER) . THE M:>TION CARRIED AS ( FOLLOWS: AYES: NAYS: ABSENT: BURNS, FlXTER, PETERSON NONE BEIER, BRADSHA Rcnt.:wal ol HAP Cuntr t Mrs • .Jonas a1.. t d th t th Housing Asaistance Payment Contract (HAP) for Simon C nt r h s be n in ffect for fiv (5) years and it is for a 20-year t rm, r n wabl at 5 year t rms. Mrs. Jonas stat d that th effective dat of th contrac t wa& My 20, 1977 and ends May 20, 1982. Mra. Jonaa atated that n she che k d into th r n wal he found th t the r n wal aa ntirely at the ERA'• 1 tin. Sh stat d that this contr c t will automatically be r new don Hay 20, 19 2. 11 t Pol icv droppin th former raid nt itin tat d that th staff ia findin it v ral y ra ago. Mrs. Knopin ki d, th re would just b th 1 at t d th t t ff will honor th c urr nt nullb r th itin list . r r id nta itin d for quit a liat un 11 all • w applic nt to opillaki at t d th t er help d. I • • • • • ~ REVEREND FIXTER 1'K>VED AND CINDY PETERSON SECONDED THE MOTION TO ADOPT THE MEMO FROM LINDA KNOPINSKI DATED MARCH 18, 1982 RECOMMENDING DROPPING THE FORMER RESIDENT WAITING LIST FOR THE SENIOR CITI ZEN BUILDINGS. THE IDTION CARRIED AS FOLLOWS: AYES: NAYS: MSENT: BURNS, FIXTER, PETERSON NONE BEIER, BRADSHAW L'\ Mrs. Knopinski discussed a letter from HUD stating that there are errors in several of the Simon Center requisitions dating back to August of 1979. She s tated that the amount of errors totaled approximately $4,000 on the requisitions. Mrs. Knopinski stated that she sent a letter to HUD stating that the ERA felt it was unfair that HUD did not give any feedback earlier on these mistakes that have been made. Discussion ensued. Dire c tor's Choice Mrs. Jonas briefly discussed the letter from Betty Ann Dittemore to Littleton Housing Authority Commissioners Libby Bortz regarding Arapahoe County organizing a housing authority. Au thorization for Executive Director's Designee to Sign Leases Mrs . Jonas stated that every lease that is signed on Simon Center and Orchard Place has been required to be signed by herself. She stated that this has become quite a cumb ersom procedure. Hrs. Jonas stated that many housing authorities are having their Board authorize a designee of the Ex cutive Dir ctor to sign leases. Mrs. Jonas sta ted that she would like authorization from the Board to have a desi nee. She stated th t th Manager of the senior buildings could be authoriz d to sign the 1 ass. Discussion ensued. It was decided that Hrs. Knopinski should r view the leases and sign them as Mrs. Jonas' design ~ CINDY PETERSON MOVED AND REVEREND FIXTER SECONDED THE MOTION TO AUTHORIZ E THE EXE CUTIVE DIRECTOR TO DE IGNATE A DESICNEE TO SIGN THE LEASES FOR SIMON CENTER AND ORCHARD PLACE. THE MOTION CARRIED AS FOLLOWS: AYES : AYS: ABSENT: t nee r 1n BL'RNS, FIXTER, PETERSON ONE BEIER, BRADSHAW oman who ia an in tern with HUD. She ia currently nag ment Division of HUD. Ka. Roman is currently for one month to ob rv the EHA'a point of view on variou s taff baa kept Ma . Ro n v ry buay attending Simon C nter filling in workahe t a for th up. Hra. Jon stated that this year instead of havin the only a a part of th City's annual report, since state law uthoriti to do n annual r port each y r, thia year the rat nnual report. Ma. Ro n'a ov ral l function ia to ather ry inf raalion to put in th nnu 1 repor • Roman atated that EltA or th pat to ka haa b en a worthwhil experience for hr. I • • - • • • • • Commissioners' Choice CINDY PETERSON MOVED AND REVEREND FIXTER SECONDED THE MOTION TO GO INTO EXECUTIVE SESSION TO DISCUSS SOME PROBLEMS RELATING TO THE REHABILITATION PROGRAM. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, FIXTER, PETERSON NONE BEIER, BRADSHAW CINDY PETERSON MOVED AND REVEREND PIXTER SECONDED THE l«>TION TO LEAVE EXECUTIVE SESSION. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, FIXTER, PETERSON NONE BEIER, BRADSHAW MOTION CINDY PETERSON MOVED AND REVEREND FIXTER SECONDED THE MOTION TO APPROVE THE WAIVER OF LATE PAYMENT FOR REHAB LOAN #99. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, FIXTER, PETERSON NONE BEIER, BRADSHAW MOTION CINDY PETERSON MOVED AND REVEREND FIXTER SECONDBD THE MOTION THAT ANY WAIVER OF LATE CHARGES FOR THE REHAB LOAN PROGRAM BE APPROVED BY THE EBA STAPF. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, FIXTER, PETERSON NONE BEIER, BRADSHAW Th re being no further business to discuss, the meeting adjourned at 9:05 P.M. -to- • I • n • • • • ENGLEWOOD ~TOWN DEVELOPMENT AUTHORITY 3535 So. Sherman-Englewood, CO 80110 Wednesday, April 14, 1982 MINUTES Board Members Present: Gasson, Holthaus, Kaufman, Mausolf, Owens, Pendleton, Robohm Board Members Absent: Bush, Coleman, MaX\olell, Neal Staff Present: M. Haviland, E, Haviland Guests & Visitors: Arthur Abe, dba/Englewood; Gordon Close, dba/ Englewood; Ed Cordova, dba/Englewood; Gene Gold- hammer, dba/Englewood; Doris Nazarenus, dba/ Englewood; Susan Powers, Englewood Director of Community Development; Frances Schaeffer, dba/ Englewood; Justin Schulta, ERA/Empress Realty; Kathye Thomas, The Sentinel; Bob Voth, dba/ Englewood. 5 Board Chairman Holthaus called the regular meeting to order at 12:10 P.M. Since there wa s not yet a quorum present, Chairman Holthaus asked for th Director's report. Mr. Haviland said that h would dispense with any report on the Little Dry Creek project or the Management Team because of an upcoming meeting which would deal with those issues. He noted that the Board has been invited to attend a s lide presentation on Little Dr y Cr ek on Thursday , April 22 at 7 P.M. in City Council Chambers. Members of the Urban Renewal Authority Board and the dba/Englewood Board have also been invited. Mr. Haviland said that City Manager McGown had also augg at d th possibility of a special pr a ntation just for th EDDA Board on April 20. After aom diacuaaion, the Bo rd decid d th m tin with th oth r groups would b mor ben ficial since ther would b an opportunity to h ar co11111 nts fro th oth r groups. Mr. H viland called to th att ntion of th Board• mbers the notice in th ir packet cone ming the tour of Bud Brady's mixed-use Boulevard Plaza d velopm nt. The tour has b n sch dul d for 9 A.M. Saturday, April 24. City Council m mb ra and m bra of th Board of th Urban Ren w 1 Authority hav also been invit d. Mr. Haviland r port d th th had don more inv atigatin con- e rnin a r tir nt program for him He Hid it app ara tha h can join th pro ram run by I01A (Int rnational City Kana era Associa- tion). H r qu at d that th Board r quest th Fin nee Co1m1itt to look into this pro raa and to consider • adjust• s to the 1982 budget which will probably b n ed in ord r to nroll him. • I • • n - • Page Two Regular Board Me e ting April 14, 1982 • • • Mr. Haviland noted quickly that he had had an infonnative visit last week with Ron Donahue of the Boulder Dept. of Parks and Recreation, who is responsible for maintenance of their mall. He aaid he would like to schedule a special meeting in May or June to discuss the trip as well as the visit to the Rouse Co. in Baltimore and the report on mall management by The Denver Partnership, Inc. Mrs. Owens requested that the meeting be held as soon as possible. Mr. Pendleton arrived at 12:25 P.M., giving the Board a quorum. In continuing his report, Mr. Haviland said that a meeting with the City's Department of Community Development on downtown zoning has been scheduled for Friday, April 16; that he is in the process of hiring a replacement for Phyllis Simpson, who left March 31; and that he has been appointed to the Economic Development Co111Dittee of the Centennial Chamber of Commerce. He announced that he had met with School Superintendent Roscoe, City Manager McGown, and Mr. Senti, a realtor, earlier in the week to discuss a project to promote Englewood. The school system is con- cerned with attracting young families into the city in order to stop the decline in school enrolla•nt. Mr . Haviland said that he will be working with Dorothy Rolll8ns and one of the members of the School Board to develop a slide show on Englewood. He ~ressed a lot of enthusiasm for the project since it could have spinoff benefits for the downtown. Finally, Mr. Haviland requested Board approval to travel to Madison, Wisconsin May 2-5 to attend a conference on mixed-use development sponsored by the International Downtown Executives Association. Mr. Robohm moved that Board approval be given for the necessary expenditure Mr. Kaufman seconded the motion, and it was approved unanimously by voic vote. With a quorum present, the Board reviewed the minutes from the last meeting. Chairman Holthaus not d some changes to th minutes that were mailed. Mrs. Owens moved that the minutes of the regular Board meeting of March 10, 1982 be approv d as pres nted. The motion was econded by Mr. Ga aon and passed unanimously by voice vote. Mr. Gasson pres nted to the Board th bills for paym t. Mr. Roboln mov d that all bills be paid as presented. Mr. Mausolf s cond d the motion, and it was approved without dissent. Mr. Gasson also pr - ented the Treasurer's report. H announc d that th Ch rrelyn hors - car (account I 7761) had b n sold to Mr. Mauaolf for $500. Hr. Robohm d a motion, seconded by Mrs. Owens, that th Tr asur r's report b approv d as pr sent d. Th motion was carried b voic vot Mr. Gasson report don the work of th Office Spac Coliaitt not d that Mrs. ns had rs arch d pace coaparabl tot is pres ntly leas d. Two such offices w r found, on at • H t which 9.25/sq. tt. I • • Page Three Regular Board Meeting April 14, 198 2 • • • and one at $15/sq. ft. with an accelerator clause and several miscel- laneous items. The landlord for the present space is requesting $10.50/ sq. ft. for a one-year lease and $10/sq. ft. for a two-year lease. The Committee recOllllllended to the Board that it be authorized to nego- tiate a renewal of the current lease for a two-year period with the stipulation that the landlord paint the walls and repair the carpet at his own exp en s e and that he pay 50% of the cost (not to exceed $1,000 total) for mini-blinds and some interior decoration. The Committee also requested Board ~uthorization to offer $9/sq. ft. with room to negotiate upward as deemed appropriate. Mr. Kaufman moved that the Committee be authorized to negotiate on those t e t:111s •. The motion, seconded by Mr. Mausolf, was approved unanimously. Mr. Haviland said he is developing some other proposals for improve- ments to the office, e .g. some new furniture, mounting of maps, etc. He indicated that these expenditures will probably exceed the $1,000 currently budgeted and requested approval of a higher c e iling. Mr. Mausolf asked that a formal proposal with exact costs be presented at the May Board meeting. The Board agreed on such a proposal but authorized the Executive Committee to act prior to the next meeting if it i s in full agreement. Mr. Pendleton indicated that the Board Membership Committee had not been able to meet as a group t o finalize its recommendations and said the ir report would be presented in May. CUirman Ho l thau s presented to the Board the Executive Committe 's recommendations that the Board co nt inue with its regular busin ss meeting as currently schedul ed but add a monthly evening meeting to b called at th discretion of t h Execntiv Dir ctor. The purpo e of these special meetings would b presentations and discussions on major issues which requir more tim than can be devoted to them in the context of business me etings. The Board con sented to t his arran e- m nt and agreed to a S P.M. starting time. Mr. Haviland pr sent d th proposal for bus service to the Fana rs' rket, which was dev loped by Board M b r Neal. He explained that th bua a rvic would b run on a trial baaia for this summer. H aid that City Council had alr dy revi w d th proposal ands ed favorabl inclin to rd it but that th propo al calls for an qual sharing of the$ ,000 coat th City and EDDA. In th discussion which en ued, th following points re 11111d 1) Sine th market is alr dy w 11 attend d (It is th sful of th thr locations in them tropoli an ar ), th r dos not t o beaned to off r people inc ntiv a to come; 2) Th dba/En 1 wood haa provid d th 11111rk t with an advertiain aubaidy in th past but doea do o thia ar; 3) Th rk t alr dy r ceiv a th ua lot fr e. Ia it n c • ary to sp nd additional mon y to brin cuatoaera? ) It ia poaaibl th ta bua a rvice ai ht get p t habit of takin a bua to th downtown area; 6) IC mon y to b ap nt, i ai ht b 110r produ iv to incr aa the adv rtiain t(or and ti it in with promotions o 1 wood• rchanta (e.g • • I • • - • • • Page Four Regular Board Meeting April 14, 1982 • • • Gordon Close's celebration on June 5). Mr. Mausolf IDOVed that the Board not endorse the proposal. Mrs. Owens seconded the motion, and it was passed unan:llllously. Mr. Haviland presented the proposal on the C-470 Outerbelt. He said that the Centennial Chamber had requested the Board's endorsement of the project because lilllited funding is threatening its completion. Mr. Bobohm moved that the Board pass the resolution of support, and it was seconded by Mr. Pendleton. Mr. ltaufman explained that he would abstain from voting because of a conflict of interest. On a roll call vote, the resolution was approved 6-0, with one abstention. Resolution No. 3, Series of 1982, is attached to and made a part of these minutes. Mrs. Owens inquired what progreas was being made on the downtown zoning and stated that she feels there is some urgency to getting that issue resolved, especially since a video game parlor has recently opened. Mr. Haviland replied that he was going to meet with the City staff on Friday to talk further about that subject. Mr. Close gave the Board an update on dba/Englewood activities. Chairman Holthaus reiterated the desire of EDDA to work closely with dba and to be supportive of it. Ma. Powers provided an update on some zoning issues and reminded Board meabers of the final Council hearing on the sign code scheduled for May 10. Mr. Gasson inquired about plans for the property purchased for the walk-through on the vest side of Broadway. Ma. Powers aaid that the City has no money in this year's budget for illlproveaents. There was a desire on the part of the Board that the City at least fill in the lot and plant grass so it is not an eyesore. It was suggested that soae kind of formal dedication of the .. st walk-through needs to be held. Mr. Haviland was directed to pursue this. There being no further business, the meeting was adjourned at 1:25 P.M • I • • - • RESOLUTION NO . 3 SERIES OF 1982 • • • A RESOL UTION OF THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTIIORITY SUPPORTIN G THE PROPOSED CENTENNIAL PARKWAY (C-4 70) PROJECT. WHEREAS, the Englewood Down town Development Authority is con - cerned with the development of an a dequate transportation network for the southern portion of the me t r op o litan area; and WHEREAS, limited funding is threatening completion of this network; NCM, 'fflEREFORE, SE IT RESOLVED SY 'fflE BOARD OF DIRECTORS OF fflE ENGLEWOOD DC!IIWftTOWN DEVELOPMENT AUTHORITY AS FOLLOWS: The statement entitled "C-470: A Reaffirmation of Support" prepared by the Denver, Golden, Lakewood, and Centennial Chambers of Commerce is endorsed. AIX>PTED AND APPROVED this 14th day of April, 1982. ~~4.1¥£~~ Sarbara Holthaus , Chairman of th Boa r d ATTEST: • I • • • • • • 5 C. CITY OF E GLEWOOD PLANNING AND ZONI NG COMMISSIO APRIL 20, 1982 I. CALL TO ORDER. The regular me ting of the City Planning and Zonin Coaai &ion as called to order at 7 :05 P.M. by Chairman McBrayer. Members present: Allen, Barbre, Becker, Carson, Gilchrist, cBrayer, Se nti, Stoel, Tanguma Powers, Ex-officio Members absent: one Also present: D. A. Romans, Assistant Director II. APPROVAL OF MINUTES. Mr. McBra ye r stated that the Minutes of April 6, 1982, were to be considered for approval. Tanguma moved: Stoel seconded: The Minutes of April 6, 1982, be approved as written. The motion carri d. III. FINDINGS OF FACT §22.4-10 and 122.4-11 CASE 17-82 Mr. McBray r st ted th t th Findings of Fac t r garding the amendm nt of th Compreh nsiv Zo nin Ordinan ce , 122.4-lOb()), §22.4-10h§§2, and §22.4-llh§§4 wer to b con id red for approv 1. He asked if ther was any di cus ion on th Finding of Fact? Car on v d: Sto l II cond d: r. HcBray r or th vot • Th Ftndin s of Fact on C, 17-82 , th nda nt of th Co pr hen ive Zonia Ordinanc b approved and r - f rred to the City Council. if th taff h d r ceiv d any coaaents or furth r info r of th aau nt op r tion1 ? pl n to co dt1cus1 d at th City Council Cit Council is in favor of of r vi w. Th ion of the • r, d i h re aa furth r di u sion? Ha in n n , h a k d Th 110tion carrt d. I • • • • • -2- IV. PUBLIC FORUM. There was no one present to address the Commission. V. DIRECTOR'S CHOICE. Ms. Powers stated that there is a meeting scheduled for Thursday evening, April 22nd, at 7:00 P.M. in the City Council Chambers, relative to Little Dry Creek improvements in the downtown area. She stated that this is a very important meeting, and urged members of the Commission to attend if at all possible. Four designs on the improvement of Little Dry Creek were initially presented, and have now been narrowed down to two alterna- tives. These alternatives are concerned with the area of Little Dry Creek between West Hampden Avenue and West Girard Avenue. One of the alternatives is to place the Creek in a closed conduit; the other alternative is to keep the open channel for this block. The Advisory Committee has recommended the alternative with the open channel. Ms. Powers stated that each of the Boards and Commissions invi ted to this meeting will be asked to review these alternatives, and submit their recommendations to City Council by Hay 7th. Cost factors of the alternatives were discussed. Ms. Powers stated that improvement of this one block reach of the Creek would be approximately $2,000,000 without acquisition costs. Mr. Gilchrist asked if inflation factors were figured into the cost figures? Ms. Powers indicated that the cost figures being used were 1983 dollars. Mr. Gilchrist asked if a contingency wa s built into the figures; he noted that many pro- jects result in cost over-runs. Ms. Powers stated that the initial contract on Little Dry Creek improvements was for $9,300,000, with actual construction costs estimated at $6,000,000+-. Construction co tsar now being considered on a phase-by-phas ba ia. Sh stat d that th contract is with Wright- McLaughlin, with a completion date of Januar , 1984. Ha. P r poin ted out that prop rtiea will have to b acquir d by Januar, 1983, to giv Wright-McLau hlin on -year construction p riod. Sh pointed out that most o f th right-of-vay th tis needed would b froa outh Logan Str et w st. Th City will t th prop rties appraia d befor n otiations with th prop rty own r a ar b gun. If th negotiations ar un ucc ful, then th Ci t y Coun c il would hav to consider cond anation proc din • P r a t t d that th re is nothing furth r t o rpo r on th Prowswood d velo n t. UU Hit d J th p ar n c of th parkin plans for thia. in a rue ure b Center, irt Comiaaion in th ahoppin y w r planning to do anythin lot? Hrs. Roaana atated that ah wa Ha. Po r, atat d that th buildin tw n Penn ya d Th Denv r h • b th ap- r, o th Pl nnin C .. 1,,1 n of th tour of th for 8:00 A.H. April 24th. H lo at City Hall. Hr. Tan 11118 unable to o thJa tour • • era er to d Hr. All n I • • - • • • • -3- VI. COMMISSION'S CHOICE. Mr. Allen asked if there was any program to require the picking up and removal of trash and debris from properties in the City. He discussed the problems he has experienced with trash blowing onto his property, and noted that it was particularly bad during construction of the Orchard Place mid-rise. Discussion ensued. Mr. McBrayer asked if there had ever been an active "No Litter" campaign in Englewood. Ms. Powers stated that there is a "clean-up" campaign which begins in May. Discussion ensued. Mr. McBrayer suggested that possibly a letter could be drafted to the Code Enforcement supporting an active enforcement of the Weed and Litter Ordi- nance. Mrs. Romans and Mrs. Becker suggested that school children could be involved in the clean-up /litter pick-up program. Mr. McBrayer suggested that an active anti-litter program be added to the list of Planning Com- mission goals for the c oming year. Mr. Allen stated that he wou l d like to see the City, the Ch amb e r of Commerce, DBA and EDDA get a c ampaign going to clean up the City . Ms. Powers asked that if the Commission member s see properties that are poo rly cleaned to not ify the City. Mr. Gilchrist COIIIIII nted on the excellent breakfast meet i n g with Swedish Medical Center. H tated that he wa s very i mpr essed wi th this facility, and ha mad arran ment to also be taken on a tour of Craig Rehabilitation Ho pital. Mr. McBrav r tat d that th City Council will hold a Public Hear ing on th propo d Si Cod on May 10th; he urged Planning Co mmission memb e r s to act nd chi aeetin and upport the Sign Code. tat d that h would be attending the APA meeting in Dallas th. H stated that if there i any particular item on the that a member would like to have him attend, h would act mpt to do so. Th tin adjourn d at 7:40 P.H. Th C mmission th n m. t in study session to consid r work items and goals for this next year. Ms. Becker led the discussion of the items previously id ntifi d by the Commie ion members as important matters they felt hould b conside red. She stated that thee matters had been arranged in order of th numb r of vot s each received, and by topic. Sh stated th tit 1 c l ar that matt r p rtaining to public r lations, th C preh nsiv Plan and Zoni ng w re matt r that w re of vital concern to the Co with concern 1 o being xpress don traffic and tr n portation, th munity cent r , nd other items th t did not se III to fit into ny one c tegory. M B ck r tat d that sh f lt th n xt at p 1 to con oUdat th goals and obj ctiv s outlined, and to eliminat thoa that are not f lt to b of vital importance , and to dd oth rs that may b ugg seed . M. 8 ck r r viewed thos it ms th th d r c ived th most 8 t th pr vioua tudy a ssion . Mr, Stoel stated that h would to a e th matter of l ndacaping uid lin s tabli eh d in th futur Diacuaaion nsu d. Hr. Gilchri t atat d that h felt th Comaiaaion wa a an advisory body to th City Council, and h felt this list of proj eta ahould h ve input from the City Council and from the staff. Ma. B c k r I • • - • • • • -4- pointed out that this list is a compilation of suggestions by the Commission members and the staff, and while she agreed that the Commission is an ad- visory body to the City Council, she felt this list was more initiative items than advisory items. Further discussion ensued. Mr. Allen stated that he felt a great many of the items on this list are already underway, or should be the responsibility of the EDDA, the City Council, e tc . Mr. Allen asked for explanation of several of the items included on the list, such as the Downtown Zone District and the community center. Mrs. Becker stated that she did not feel that the Planning Commission had to be "reactive", but could also be "pro-active", and that b y develop ing a list of projects to work on was a means to be "pro-active". The items that were grouped in the Public Relations categor y were dis- cussed. Only those items that received three or more votes were considered . It wa s determined that there is a need to compile a data base of information on the City for public and private use; there is a need for pol i tical support and leadership in dealing with highway department, etc., regarding Santa Fe and the Corps on South Platte Improvements . The Commission de t ermined that the s ugges tion to hold neighborhood discussions be eliminated . The establishment of a co11111ittee to study r e vitaliz ing older housing, code en- forcement, financial assistance and incentives from the City is on-going, and the Commission would like to b e brought up-to-date on these activities by the City staff. The items listed under the Comprehensive Plan cat egory were then con sidered. Mrs. Ro mans noted that it has been the plan of the staff to review the Plan every couple of year s , with a major review every five years. It was deter- mined that there should be an in-house review of the Comp r e hensive Plan to determine if it still reflects the City's posture. The items listed under Zoning wer e considered. Ms. Powers s tated that the City Attorney has drafted a preliminary ordinance dealing with the conversion of apartment units to condominium units. Mr. Allen suggested that the ordinance requiring landscaping in multi- family, commercial and industrial developments be written to specifics to avoid some of the experiences he has been through with "over enthusiastic" nforcement by staff members. Th Down town Zone District is being draft d at the present time. It was al of lt by th Co111111ission that they should consider zoning r visions reg rding lot sizes, setbacks for singl and low-density multi-family. It was d termin d that th est8bli hment of adv lopm nt sit plan review committe should be eliminated, 88 should th matter of th Sign Cod inas- much 88 thi is prea ntly b fore th City Council for Public He ring on May 10th. No item in the Traffic/Transportation category r c ived three or more votea, so none w re consider d during this aaion of the Co11111iaaion. Th n d for a Community Center was consider d. It was noted that th r ia a committe working on thia at th present time. It was auggeated that n informational meeting with this coaaitt e b ach dul d, and that the Commiaaion off r th ir upport to thia coanittee • • I • • - • • • • • -5- Mr. McBrayer stated that he would like to see the matter of an annexation policy discussed with the City Council. Ms. Becker stated that the Commission has outlined seven matters that they seem to feel are of importance to consider in depth this coming year. She stated that the next step is to come up with the action program to realize these objectives that the Commission has outlined. It was suggested that this be reviewed further at the next regular meeting, and that these goals be prioritized. Mr. Tanguma stated that he felt the development of a Downtown Zone Dis- trict should have a high priority. Further brief discussion ensued. The work session adjourned at 8:55 P.M. - • I • • n n ~- • • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: SUBJECT: RECOMMENDATION: Carson moved: Stoel seconded: April 20, 1982 Findi.ngs of Fact on Amendment of Comprehensive Zoni.ng Ordi.nance, Case #7-82 The Fi.ndings of Fact on Case #7-82, the amendment of the Comprehensive Zoni.ng Ordinance, be approved and referred to the City Council. The motion carried. By Order of the City Planning and Zoning Commission • • I • • I. Call to Order. • • • URBAN RENEWAL AUTHORI TY April 21, 1982 5:30 P. M. The special meeting of the Urban Renewal Authority of the City of Englewo od was called to order at 5:30 P.M. by Chairman Robert Powell. Members present: McClung, Minnick, Powell, Voth, Dickinson Powers, Executive Secretary Members absent: Cole, Fitzpatrick, Alternate Novicky Also present: Jeri Linder, Planning Technician Gary Diede, Director of Engineering Services Rick DeWitt, City Attorney Steve Bell, Hanifen-Imhof f Bi ll Latmn and Dave Edstrom II. Ap pr oval of Mi nutes . Chairman Powe ll stat e d that the Minutes of Mar ch 10 , 1982, were to b con- sider e d fo r a pprova l . Mi nnick move d: Dickin son second e d : Th e Mi nu t es of Ma r ch 10, 1982 , b approved as written. The motion c arr ied. Mr . Po well i ntro du ced the guests present at the meeting , a nd welcom d Mr. Bell, Mr. Lal!DD, Mr . Ed s trom an d Mr. Died e. III. Ame ndm e nt of Bylaws of Urban Re ne wa l Autho rity Mr. Powell stat d that Mr. Dickinson had submitted several proposed mend- ment to th Bylaws in February. He asked that Mr. Dickinson discuss his reasoning b hind the proposed amendments . Mr. Dickin on r ndm n s to th Mr. Pow 11 Bk d that th re allow d m rnb rs that h vot d the proposed am ndm nts, Byl w. nd th n discussed th propos d for discussion from oth r memb rs. Mr. Voth question d not b at som e tings if th Chairman is not Dickinson st ted th ta quorum of th conduct busineBS. Mr. Dick.in on st t d n d for th Chairman tor main in opposition to th propos d nd- on matt rs b th hav b n ppoint d d that to d ny of th t nowl dg and x- p rtil stat propo d tim limitation pr :In- dividual on ach wa a n d for xtend d discu11ion I • • • • - -2- by the members of matters that come before the Authorit y. He stated that t o limit discussion to five minutes per individual per subject was foolish i n his opinion, and did not fit into the needs of this Authority . Regarding the proposed Amendment #2 to designate one individual as the spokesperson for the Authority, he felt this has been accomplished by the delegation of this responsibility to the Executive Secretary. Mr. Minnick also expressed his opposition to the proposed amendment #1. Mr. Dickinson reiterated that he felt there is a definite need to limit the time that an individual on the Authority may speak on a subject, and that the role of the Chairperson is to mediate discussions and to be im- partial. He stated that he felt one way to accomplish this is to den y the chairperson the right to vote except in the event of a tie vote. Mr. DeWitt stated that he has not had an opportunit y to research the pro- posed amendments, and discussed his concerns regarding the proposed amend- ments with regard to the first amendment right of free speech. He suggested that if the Authority is considering limiting the right of whoever is elected Chairman to vote, he would like an opportunity to r esearch this matter and to present a written opinion. He stated that there is no pro- vision for limiting the voting power of the Chairman in the Urban Renewal Act itself. Mcclung moved: Minnick seconded: The proposed amendments of the By-law s be tabled until the next regular meeting of May 5 , 1982. The motion carr ied . IV. Proposed Urban Renewal Plan. Mr. Powell asked Ms. Pow rs to review the proposed Urban Re n ewal Plan. Ms. Powers stated that Mr. Bell, Mr. Lanm and Mr. Eds trom were present to participate in the discussion of the Finan cin g section of the proposed Urban Renewal Plan. She pointed out that a majority of the Plan was pre- viously reviewed by the Authority, and has since been revised and rewritten by the staff. Ms. Powers reviewed the changes that have been made in the Urban Renewal Plan, such as inclusion of estimated costs of the RTD Transit Cent r, th estimated co ts of realigning Floyd Avenue and extending Hampd n Pl c to W st Hampden Avenue. The phasing of th downtown developm nt was discussed, and Ms. Powers pointed out that th improv ments on Litt! Dry Creek would extend east to South Clarkson Street. Mr. Haviland entered the meeting at 6:00 P.H. Ms. Pow rs discussed the lmpl mentation of the Urban Renewal Plan. Ms. Powers discuss d the possibility of cond mn tion of property if n gotiations for purchase f 11. Sh not d that ther is diff r nee betw en th type of condemn tion th Urban Ren wal Authority c n do nd what th City can do. The City cond mnation i limited to f cilitat d v lopm nt of public proj eta. Ms. Pow re not d th t th bound ri I for improv m nt of Litt! Dry Cr ek will ncro ch onto priv te prop rti a , primarily from Logan Stre t w at. Also, if th channel alt rnative for th block b tw n Weat Cirard Av nu pden Av nu 1a chos n, it will ff ct th • I • • • • -3- properties along South Bannock Street. There will have to be purchase of properties to make it possible to construct the drainage imp r ovements. Discussion ensued. Ms. Powers asked Mr. Lamm if the City could get con- trol of the properties on South Bannock Street and sell the properties to a developer following the improvement along Little Dry Creek? Mr . Lamm indicated that were the City to acquire the property initially, they could ask for bids to dispose of the property if selling to developers. Hr. McClung stated that the Urban Renewal Authority, according to Stat ut e , has been able to condemn, buy, and sell property. Discussion ensued. Ms. Powers suggested that the City may take the properties , if acquired by the City, that are not needed for the flood control project and give them to the Urban Renewal Authority to sell to a developer. Ms. Pow rs stated that it was her understanding that the City Council had strong feelings against delegating the entire condemnation responsibility to the Urban Renewal Authority, but felt they should share those responsibilities with the Urban Renewal Authority. Ms. Powers then discussed the fact that any development that occurs must be consistent with the Urban Renewal Plan. Development guidelines are to be developed, but will not be made a part of the Urban Renewal Plan; specific design guidelines will also be de- veloped. Ms. Powers pointed out that to enable development of residential uses in the downtown area, the Comprehensive Zoning Ordinance will have to be ame nded by the development of a Downtown Zone District. Commercial rehabilitation in the downtown area was d iscussed. Ms. Powers pointed out that there is a need for a program to assist property owners in improving the existing property. If low interest loans were to be made available to property owners to assist in the rehabilitation of build- ings, would the Authority consider a time element in which rehabil.itation should be done. Mr. Minnick commented that h would a r that rehabilita- tion efforts should be mandatory, but that help must be provided to thes people to do the rehabilitation. Ms. Powers discuss d the proposed R location Plan. Relocation hen fi t s mu t b provid d as required by th Urban Renewal Statues. The propo ed R location Plan r equi r es a 90-day notice, a maximum of $10,000 in b n fits for comm r cial uses, a 90-day notice, and a maximum of $2 ,500 in hen fits to tenants of resid ntial unit s who are displaced, and a 90-day notic and a maximum of $5 ,000 in benefits to owner/occupants of residential units. Mr. Vo th not d th t developed , nd th t and hav paid on paid on n Ren wal wal Plan, sion." to th th rty th b Mr. Dickln on sk dhow litig tion would a ct th r loc tion plan; would th proc ss b slow d by th • whil th mall is bing t rd Avenu would b b cau in th 1 w ult ? I • • -• • • -4- Mr. DeWitt discussed the process followed in condemnation of pro pe rty , noting that the City must enter into negotiations with prope rty own e r s , and that the 90-day time element is workable. Mr. DeWitt noted that if a court suit results and property is condemned, the City does n o t pay c ourt c ost s ; the "judgement" on the property is paid by the Cit y . Mr. Vo th discussed a rumor that Mr. Brady of Brady Enterprises would giv preferential treatment to businesses required to relocate, such a s a given amount off on the first year's lease. Discussion ensued. Ms. Power s stated this would be a private action, and not of concern to the Autho rit y in the considerati.on of the Urban Renewal Plan. Ms. Powers stated that the question o f land swap and building swap ha s been raised. Mr. DeWitt stated that land swaps have been done, and c ite d the golf course as a point in fact. Mr. DeWitt discussed procedure f o r land swap, including the need for appraisals, which can amount to $2,500 to $5,000 per parcel, and would be the financial responsibility of the City according to law. Ms. Powers stated that the Financing section of the Urban Renewal Plan has been written with the assumption that Cinderella City will b e include d wi th i n the Urban Renewal District. She asked Mr. Bell t o lead discussion on this s ection of the Plan. Mr. Bell stated that revenues from the following s ources can be u s ed to fi nance the public improvements proposed: 1. Property tax i n c rement f inancing. 2 . Sales tax i n c r e ment fi nan c ing. 3 . I ntergovernm e ntal cooperation wi th the Cit y of Englewoo d. 4 . I nves tment of fu nds in pr operty o r s ecuri t i e s i n whi c h pub lic bo d ies ma y legally i nves t. 5 . Adva nces , l oan s , g rants and contribut ions f r om th f e de ral gove r nment. Sale or l as of proper ty as sp cifi d i n the l'rban R n ewal Plan . Mr. Bell stated that the i mp roveme n t of Li t tle Dr y Cr ek mus t b don b - fore any oth r activity can b accomplished . The d termination to be mad now is wheth r th rear sufficient revenu s to proc d with th improve- m nt of Littl Dry Cr ek. No priv t dev lopment is going to occur until develop r h v proof of the public improve nts. The ph sing of public improv ments call ford ign compl tion on Littl Dry Cr k by Janu ry, 1983, and furth r public improvem nts to b don within then xt couple of y rs. Estimat d cot ar $10,000,000 for Little Dry Cr k Jmprove- m nts, and $15 ,000 ,000 on oth r public improv ment , such s roadw ys, ov rpasses, p destrian mall and utilities . Mr. th Mr. Bell d cone rn r g rding i nclusion of Cind r lla City within out that Cind r lla Ci t y is m jor ourc of City of Englewood op r a t i n g budg t . If th inclu d din t h Ta x Iner m nt Fin ncing Dis- p y bl to th City would b froz n t th curr nt wo u ld o co th Urban Rn wal Authority d that conaid r tion ia now b ina aiv n to including th prop rty tax r v nu a in th Tax Iner nt Fin ncin , but t x rev nu a. If thia ia poaaibl , it would &iv addition l • I • • • • • -5- revenues to the Authority from the improvements being made by Cinderella City. Mr. Haviland questioned if it would be possible to use a different pe r- centage of revenues from Cinderella City than from the remainder of the District? Mr. Bell stated he felt such an apportionment would be challenged legally. He s tated that the assessment must be consistent within the Dis- trict; whatever percentage is determined to be used must apply to all properties/businesses within the Tax Increment Financing District. Mr. Bell stated that a second issue to be considered is the ability of the City to contribute and pledge funds to the financing of the public improvements . Re pointed out that a portion of the sales tax revenues are used for Capital Improvement programs; the possibility of the City pledging those funds to the Urban Renewal Authority is being explored. Mr. Bell stated the biggest problem to be determined is "can we even do it ." He stated that he has been trying to locate enough revenues to pay for the project. The possibility of the City purchasing properties to donate to the Authority for resale is being considered. Mr. Bell stated if the Authority wants financing for the $25,000 ,000 in public improvements, we must have private development commitments for all four phases of development before proceeding. If the Author ity determin es financing for Little Dry Creek is all they want to undertake at this time, commitments on Phases #1 and #2 of private development must be in hand. Mr. Bell questioned that one developer could commit to the private develop- ment in all four phases. Mr. Bell referred t o tables on financing which h had prepared, wh ich tables indicate that there will be a shortage of revenue in th early year s of th progr m, and we could, in fact , realiz no revenues from th red velopment until 1991. He suggested that po ssibly a line of e r dit on som of the privat d velopment projects be obtained. Mr. B 11 stated that a question to be de termined is wh ther Littl Dry Creek is comple ted up-f ront knowing there are no comm itmen t s on priv t development in Phas s 3 and 4; do we tell investors there are no co it- ments on Ph s s 3 nd 4? Mr. Laa a k d if th hotel t xis xisting or propos d? Ms. Pow r s stat d that it ia propos d. Mr. B 11 furth h d pr pardon fin ncing, pointin out cone rn h mph slz d th Urban n wal Authority must con- sid r a 175% to 200% cov ra factor ov r nd abov th d bt rvic to g t u through th ficit" y an. Furth r discusaion nsu d. Mr. H vil nd sk di{ th d v lop stat d th t Jf d v lopm nt could b fin ncial picture. th on is d w r ass s in ratio with Mr. vi ky nt rd th • tin at 7:00 P.M . phases could vary ? Mr. B 11 t d Jt would b h lpful to th • if th fin n 1 1 Mr. Bell stat d d valu. I • • • • • • -6- , Mr. Bell stated he felt it is now time to discuss development connnitments with Mr. Brady and determine to what extent he is willing to commit. If Mr. Brady will only commit to private development set forth in Phase I, Mr. Bell stated he would have to recommend against proceeding with the proposed redevelopment program. If commitments could be secured for Phases land 2, improvements to Little Dry Creek could proceed; he em- phasized that if the Authority wanted to undertake financing of the entire $25,000,000 of public improvements, definite commitments must be received on all four phases. Discussion ensued. Mr. Bell stated he felt such public improvement projects as the Little Dry Creek flood control measur es , and the utility lines could not be delayed but must be done up-front. Mr. Powell excused himself from the meeting. Ms. Powers pointed out that the absolute minimum in public improvements would still cost approximately $17,000,000. The need for mutual public/private commitments was discussed . Ms. Powers stated she felt the Authority could now approach Mr. ijrady with a definite statement of needed commitments on his part so that we can proceed with the public improvement of Little Dry Creek. Mr. Dickinson asked if there was any effort made to seek additional developers for Phases 3 and 4? Ms. Powers stated that no active solicitation for de- velopers has been undertaken at this time. She pointed out that the actual financial aspect was not clear previous to this time, and no determination on the exact needs could be made. Discussion followed. Figures us ed in writing the financing section were considered. Mr. Be ll noted that the figures used were very conservativ . Discus ion ensued. Mr. McClung asked if the boundaries of the District were increased , would it have a favorable impact on the figur s? Mr. Bell stated that the bo undaries could be increased, but the assessed valuation may not increase. Mr. Haviland again asked if th phas s of development could b a ccomplished in a different order? Mr. Bell stated that if Phase 4 of private develop- ment were to be done before Phas 2, it would be of great help to th financing. Mr. Did asked how larg the g p was on th that if th estim ted $100 pr sq. ft. pry to $125 per sq. ft. per y ar, it would work, th ncoverage" fac tor n d d. financing? Mr. Bell st t d ar on retail sp ce w r rai d but thi.s still would not give Us T x revenu s w r discuss d. Th po sibility of using th Us Tax r venues and scrowing th funds wa discussed by Mr. B 11. H point d out that this would bes parat from th sal s tax revenu s. The po sibility of a County-impos d sal tax distribution of those funds to county municipaliti s w s also discus M, Pow rs asked if th s funds could be us d just within th improv nt district? Mr. B 11 tat d this h d y t to b d t rmin d. Th privat improv ment phasin of construction was furth r con id red. It wa not d th t possibly Phas s 1 nd 3 could be combin d to a gr at xt nt becaus of th work on Little Dry Cr k and th ff ct this work w!ll h v on prop rti son South Ao Str t and South Bannock Str t, • I • • - • • • - -7- Ms. Powers reported that Mr. Brady's negotiations with Key Savings are said to be going very well. Discussion ensued. Mr. Voth stated it appeared to him that development in Phases 1 and 2 must be expanded to increase the assessed valuation figures to make further redevelopment and improvements feasible. Mr. Dickinson asked about increasing the sales tax within the City. Mr. Bell pointed out this would require an election to approve a sales tax increase; he felt approval would be remote. The type of tenants who might locate in the new development was discussed. Mr. Novicky asked if there would be "magnet" stores in the area to attract oth e r high-quality tenants. Mr. Haviland stated that Joslins is an "anchor" store, and the projected hotel would be another "anchor" development. Mr. Voth asked if Mr. Brady has been party to discussions on the financing aspect of the project. Ms. Powers stated that Mr. Brady has been asked to put in writing by this Friday, April 23rd, what his comments are. Mr. Bell stated it was important to get the Urban Renewal Plan approved, and get the assessed valuation fixed. Mr. Voth asked if development conunitments on Phases 1 and 2 were needed before the Plan could be referred to City Council? Mr. DeWitt stated he did not think Council would require signed developers agreements to ap- prove the Plan. Mr. Haviland asked when developers agreements were needed ? Mr. Bell stated they would be needed before bonds could be issued. Mr. DeWitt stated it is important to figure out how much conunitment we are going to get from Brady, how much he can develop, to determine the revenues that may come in so we can issue bonds. He stated he felt the Authority could now say that a given amount is needed each year. Dis- cussion followed . Mr. Voth asked if the Plan could not be approved by both Urban Renewal Authority and City Council contingent on the developer's agreement? Mr. Bell pointed out that approval of the Plan does not mean bonds will be issued. Further discussion ensued. Mr. McClung asked if there was any information available on th busin ssm n interested in remaining in this redevelopment area, or on any new busin ses that have an interest in r locating here? Mr. Haviland stated ther have been no serious discussions with the merch nts until this week, and not on a site-specific basis. Mr. Haviland stated that a marketing strat gy is on th work schedule, but has not been developed. Mr. McClung stated he felt a lot of enthusiasm could b generat d for this area; he not d th proximity to Denver and stated he flt Englewood could b a definite asset to the metro area. He felt as lling job should be und rtaken to get d v lopers interested in this proposal . • ) I • • - • • • • • -8- V. Little Dry Creek Up-date. Ms . Power s stated the City Council will hold a meeting at 7:00 P.M. on April 22nd to discuss alternatives on Little Dry Creek between Gi rard and Hampden Avenues. Titis matter will be on the Urban Renewal Agenda for May 5th. VI. Secretary's Report. Ms. Powers reported that the tour of Brady's downtown Denver project has been rescheduled to Hay 1st at 9:00 A.M. Ms. Powers stated that a written report on the trip to Baltimore to view redevelopment efforts was included in the packet of information delivered to Urban Renewal Authority members. She stated she does have some slides of this trip she would like to show at another time. Tite meeting adjourned at 7:55 P.M. - • I • • - • • • • LI QUOR LICENSE AUTHORITY MINUTES May 5, 1982 5 The meeting was called to order at 7:3 5 p.m. by Chairperson , Donald Stye s . MEl"BERS PRESENT: MEMBERS ABSENT : ALSO PRESENT: Donald Styes, Lloyd Bryan, Frances Co sby, Ron Lunde rs Ron Blanchard None Charlie Grirnn, Assistant City Attorney Eric Johannisson, Revenue Chief Brenda Castle, Recording Secretary * * * MR . BRYAN MOVED, AND MS . COSBY SECONDED, TO APPROVE THE MINUTES OF THE MEETING OF APRIL 7, 1982. AYES : NAYS : The motion carried. Donald Styes, Ll oyd Bryan, Frances Co~by, Ron Lunder s Ron Blanchard None * * * The Authority received an application for the 3.2 Beer License -Off Premises rrom the So uthland Corporation dba 7-Clcven Slore, 350 1 South Logan Slreet, Englewood, Colorado . MS. COSBY MOVED, AND HR. LU NDER S SECONDED, TO SET A PUBLIC HEARING DATE FOR JU NE 23, 1982 AT 7:30 p.m. IN THE COUNCIL CHAt-EERS FOR THE PURPOSE OF CO NSIDERING SAID LICENSE ANO, FURTHER, TO ESTABLISH A NEIGHB ORHOOD BORDERED BY YALE AV ENUE ON THE NORTH, BANNOCK ON THE WE ST, OXFORD AVENUE ON THE SOUTH ANO LAF AYE TTE ON THE EAST. AYES : NAY S. The motion c rried . Donald Styes, Lloyd Bryan, Frances Cosby, Ron Lund rs Ron Blanchard None * * • Th Authority r ceiv d mo from Dav Miller of th Englewood Poltc s t t ng thats v ral arr sts had b n mad at the Liquor Barn, 441 5 S. Broadw y, on th venings of April 9th nd 10th . Th inv stfgatfon r sult d fn th rr st nd/or detain nt of sixteen p rsons, five of which r Juvenfles. Most of th violations involved Juv nil s asking adults to purchase liquor for th . Th n r wa s not cited nor wer any of the mploye s . • .. I . • - • Liquor License Authority May 5, 1982 page 2 - • • • The Authority requested Mr . Johannisson contact the State Revenue Division for their interpretation of the term "premisesM as it applies to violations of this type . * * * MR. BLANCHARD 1-,0VED, AND MS. COSBY SECONDED, TO APPROVE THE · RE!iEWAL APPLICATION S FOR THE FOLLOWING: Sport Bowl 3295 S. Broadway 3.2 Beer -On premises expires 7/16/82 AYES: NAYS : The motion carried. Bar Harbor 3484 S. Broadway Tavern expires 7/6/82 Ken' s Lounge 2893 S. Broadway Tavern expires 7/9/83 Donald Styes, Lloyd Bryan, Frances Cosby, Ron Lunders Ron Blanchard None * * * Members of the Authority turned in completed Colorado Municipal League surveys concerning the need for revisions in the Colorado Liquor/Beer codes. * * * The Author1ty discussed the possibility of instigating an i dentification program for persons servi ng liquor in Englewood similar to programs in Littleton and Arapahoe County. It was decided to table the discussion until a need for this type program could be established. * * * There being no further business to discuss. the meeting was adjourned at 8 :45 p .m. /be • I • • - • • • • • MEMORANDUM TO: FR:M: DI\TE: John IDWry, Assist.an Director of Finance Division Chief Frazier, Police Department May 11, 1982 ~ TO 'llfE POLICE lEPARIMENr Cn May 5, 1982, this department received a checJc in the armunt of $1,500 fran the estate of Helen Katherine Geddes. This check repre&ented a bequest fl"CJ!I her last Will and Testanent aaninistered by Carl H. Seeliger, Jr., Attorney at Law. Mrs. Geddes apparently was expressin] her gratitu1e to us for sane oontact she hcKi with us in the past. It is our desire that this Italey be placed into our camumications Division capital outlay b.o:Jet, 02-50-4432, and be used to p..irchase a much needed Event and Time Lapse Reader and Printer. This syst.an is necessary to accurately nonitor the nUttier and duration of prone calls and radio nessages occurrin] in the cx:mrunications center. While this sys tan was rot requestEd in our 1982 b.o:Jet, the need has becune increasin]ly rrore clR)arent. The estimated oost of this systan is $1,426 incl\rlin:] installation. We feel this very generous bequest can be ~t to practical use in this manner • .m~.a~~ RJnald D. Frazier, Di~ion Chief Mni.nistrative Division • I • • I n - • • 9e,o flRS1 !\A1JO,\J hA'h hl JLDJtr.;G • • • GARL B SEEUG ER . JR A TTQR-.;"J:, A T LA'' D£~"VER , COLOR.A D{) 80203 May 5, 1982 Englewood Police Department 3 400 S. Elati Englewood, CO 80110 Re: Estate of Helen Kathryn Geddes Gen tlemen: TELEPHOS E 534-3144 As personal representative of the above-captioned estate I am enclosing a distribution check payable to your order as a distributee pursuant to the terms of the Last Will and Tes- tament of Helen Kathryn Geddes. As personal representative, I am now in a position to commence closing the estate since the same has been almost fully administered. In the future you will be receiving from me certain legal documents for the purpose of closing the estate. Should you have any questions please call. Yours very truly, '._ /~ c~~/~4,(y~ Carl H. Seeliger, Jr.~ CHS/kah Enclo ur • I • • - • • • • 4140 South Huron Street Englewood, Col orado 80110 April 26, 1982 Mayor Eugene Oti• and Me•l>era of the Ea1lewood City Council 3400 S••th Elati Street B01lewoed, Colorado 80110 Dear Friead•: It i• with conaiderable regret that I find it neceaaary to reai1n •Y co .. iaaion on the Engle- wood Board of Career SerYice Coaaiaaionera, effectiYe June 1, 1982. Under the preaent circ .. atancea, I find it diffic•lt to aerye the "beat iatereata of the citisena of Bn1leweod. I appreciate Yery ••ch the ceafidence you baYe placed in•• in appointin& •• to thi• ce .. iaaien and aa 1rateful fer tlle opportun ity to aerYe •Y fellow citi••••• C • I • • -• • • C O U N C I L C O M M U N I C A T I O N DATE May 11, 1982 AGENDA ITEM lL B SUBJE'CT Award of Contract for Consulting Services and Related Appropriation of Funds INITIATED BY Public Library Advisory Board ACTl ON PROPOSED Council award contract and appropriate necessary funds. INTRODUCTION At its meeting of March 8, 1982, the City Council approved issuance of a Request For Proposals (RFP) for consulting services related to acquisition of an automated manage- men t system for the Library Department. RFP's were sent to approximately 30 firms, both national and local, with the proposals due no later than April 9, 1982. BAC GROU D INFORMATTO Th nine (9) proposals received (one of which was from a local firm) were evaluated by the L1br r y Consul tant Selection Committe which was composed of 4 Library Staff members, 1 Library ard mber, and Margret Free an, Information Systems tanager for the City. 2 luat1on of th proposals ublllitted nd extensive reference checks, the tena1ned that it would p rson lly interview represent tives from 2 firms. e interviews the Committe unanimously indicated RMG Consultants, 1nois, • its first choice for the project consultant. project in four ph ses (A-D). RMG's fixed price for phases price 1nclud s 6 trips (totalling 10 days) to the Engle- 1 o include production of 4 docu ens in addition to pro- to ted system propo al evalu tion nd contr ctn gotia- y t 0 bo\ ($10,725) J not 1n 1 1t 1 us th t hr ervices for th Public ho1ce. • for th En 1 - P'n• uld In ona t1on v on oth r o v1s1 s to inst 11 trip would cot $3390. ) I • • - • • • • • The estimated cost of sending 3 staff members to 3 installed sites is $2700 . These act1v1t1es were not addressed in the RFP because it is not known how many such trips the project will requ ire. The inclusion of the above cost estimates would add $6090 to the project cost for a total of $16,815. The 1982 Library Department Budget includes $5,000 for consulting services. Therefore, an additional $11,815 is required to fully fund the estimated project costs as presented above. If Council chooses to reappropriate the $6,955 unexpended balance encumbered in 19 0 by the Department for data processing services, the total additional appropriation required would be $4,860. RECOMMENDATION It is the recommendation of the Public Library Advisory Board that Council approve award of the contract for Library Department consulting services to RMG Consultants, Inc. and appropr iate $11,815 to the Department to cover estimated project costs. • I • • n - • ORDINANCE NO. 22 SERIES of 1982 • • - BY AUTHORITY COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE CREATING PAVING DISTRICT NO. 28 IN THE CITY OF ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS TOGETHER WITH NECESSARY INCIDENTALS, ON CERTAIN STREETS AND AVENUES; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVEMENTS; AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT. WHEREAS, the City Council of Englewood, Colorado, pursuant to the Charter and the Municipal Code of the City, and ' the Laws of the State of Colorado, hereby finds and determines that there exists a necessity for the creation of Paving District No. 28, in the City, and the construction and installation therein of street paving, curb and gutter and sidewalk improvements, together with necessary incidentals, on certain streets and avenues; and WHEREAS, Notice of a public hearing concerning the creation of the District and the construction and installation of the improvements therein has been published once a week for three consecutive weeks in the Englewood Sentinel, a newspaper of general circulation in the City, and in addition, a notice has been mailed, postage prepaid, to each known owner of real property within the proposed District; and WHEREAS, at the time and place set forth in the notice, the City Council met in open session for the purpose of hearing any objections or protests that might be made against the proposed district or the improvements to be constructed or installed; and WHEREAS, the Council has determined that certain pro- tests and objections should be granted and certain i11prove11ents d leted from the proposed list of ifflprovements, and the remaining protests and objections overruled1 • I • • -• • • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Creation of the District. That a special improvement district for the construction, installation or im- provement of the improvements hereinafter described, is hereby created and established in accordance with the Charter and the Municipal Code of the City, and the Laws of the State of Colorado, and shall be known and designated as •paving District No. 2e•. All proceedings heretofore taken and adopted in connection with the District are hereby ratified, approved and confirmed. Section 2. Engineering Plans and Specifications. That the engineer's reports, together with all of the details, specifi- cations, estimates, maps and schedules thereto attached or ap- pended, are hereby approved and adopted. Sect ion 3. Distr ict Boundary. The extent of the District to be assessed for the cost of the i•provements and the area to be included within the boundary of the District, shall be all the real property specially benefited, and fronting or abutt- ing on the streets and avenues between the termini described in the following Section, including the real property within one-half (1/2) block of such streets and avenues. Sect ion 4. Description of Improveaents. The kind of improvements and the streets and avenues on which such improve- ments shall be constructed or installed shall be as follows: a. Necessary grading and excavation, paving with 6• compacted gravel base course and 2• asphaltic concrete surfac , (e xcept as noted at the end of th list of streets) concrete walks, curb and gutter where not presently adequate; together with appurtenances and incidentals on the follow ng streets and avenues: -2-I • • r • • - ON FKM 'ID s. Acana St. N. line Jefferson Ave. N. line Kenyon Ave. s. Acana St. s. line Kenyon Ave. N. line Lehigh Ave. s. AcC1na St. s. line Lehigh Ave. N. line Mansfield Ave. s. AcC1na St. s. line Mansfield Ave. N. line Nassau Ave. S. AcClna St. s. line Nassau Ave. N. line Oxford Ave. S. Acana St. s. line Stanford Ave. N. line Tufts Ave. s. Logan St. s. line Yale Ave. s. line Annerst Ave. S. Logan St. s. line Annerst Ave. s. line Bates Ave. s. Logan St. s. line Bates Ave. s. line Cornell Ave. s. Logan St. s. line Cornell Ave. N. line Dartnouth Ave. w. Union Ave. E. line Decatur St. w. line of Clay Street The improvements constructed on So. Logan St. and West Union Ave. will consist of an e• compacted gravel base course and l:. asphaltic concrete surface;-the City will pay the difference in costs which exceed the cost for 6• base course and 2• asphalt surface, and the extra width cost. b. Necessary replacement of walks, curbs,, gutters where not presently adequate; together with appurte- nances and other i ncidental work on the follow i ng streets and avenues : 00 FIOl 'ID w. Radcliff Drive w. line of 3170, 3173 w. w. line Federal Blvd. Radcliff Dr. w. Chenango Ave. E. line !:Dwell Blvd. w. line Irving St. w. Stanford Ave. E. line Irving St. w. line Federal Blvd. W. Grand Ave. E. line !:Dwell Blvd . w. line Irving St. S. Acana St. s. line Quincy Ave. N. line Radcliff Ave. w. Be llCNOOd Dr . E. line Irving St, w. line Federal Blvd. W. Chenango Ave . E. line Federal Blvd. w. line Decatur St. W. Grand Ave. E. line I rvi ng St. w. line Federal Blvd. W. Layton Ave. E. line Federal Bl vd . w. line Decatur St. w. Momou th Ave. E. line I rvi ng St. w. line Federal Bl vd . w. Pimlioo Ave. E. line Irving St. w. line Federal Blvd. w. Saratoga Ave. E. line Federal Blvd. w. line Decat ur St, w. Stanford or. s. line Stanford Ave. w. line Federal Blvd. w. Tanforan Dr. E. line Federal Blvd. w. line Decatur St. w. TUfts Ave. E. line Irving St. w. line Federal Blvd. w. Union Ave. E. line Federal Blvd. E. line Decatur Section 5. Improvements Authorize d. The construction or installation of t h street paving, curb and gutter a nd sidewalk improvem nta, together with necessary incident a ls, in and for the District, as shown by the plans, specifications a nd maps thereof, approved by the City Council of the City, is hereby authori zed and ord red, the material to be ua d in the construction of aaid improv m nta o be in accordanc with auch maps, plans and apeci• fications. -3-.... • I • • • • - Section 6. Assessment of Costs. The probable total cost of the improvements to be constructed or installed is $617,600: it is proposed that the City of Englewood will pay approximately $145,000; the remainder of the cost will be assessed against the property within the district and specially benefited by the construction and installation of the improvements. The approximate share of the total cost to be assessed per front foot against any lot or tract of land fronting or abutting on said improvements will be as follows: asphalt paving on streets 36' wide ( 6 and 2) $27.10 per front foot Paving of mate. 4" thick 4" thick vertical sidewalk other widths shall curbwalk -Type I curbwalk -Type II curb and gutter 4' wide be in proportion to the above esti- $21.71 per front foot $24.96 per front foot $14.44 per front foot $13.78 per front foot 6" thick concrete slab $ 4.34 per square foot All estimates exclude the six percent ( 61) for collec- tion, incidentals and interest as provided by law. Section 7. Payment of Asaeaamenta. The assessments will be due and payable without demand within thirty (30) days from and after the final publication of the Ordinance assessing the whole coat of said improvements against the real property in the District. In the event any owner of real estate shall fail to pay the whole of such assessment against his or her property within said thirty (30) days, then the whole cost of the improvements so assessed against such property shall be payable in ten ( 10) equal annual install ent of principal. The first of such installm nts of principal shall be due and payable at such time as will be determined in the assessing ordinance and the remainder of said installments shall be due and payable succes- sively on the sam day in each year thereafter, until all are paid in ful 1. Th maximum rate of interest to be paid on unpaid and deferred installments shall not exceed 181 per annua, and will be stabliahed by ordinance to be adopted by the City Council a a later date. -4- I • • • • • - Section B. Special Improvement Bonds. By virtue of and pursuant to sa i d laws and the Charter and the Municipal Code of the City, local improvement bonds of the City shall be issued for the purpose of paying for the local improvements described in this Ordinance, in an amount not to exceed the cost and expenses of said improvements, including engineering, legal and incidental expenses, as provided by law. The bonds shall be issued based upon estimates approved by the City Council, and as authorized by an Ordinance to be passed by the City Council at a later date. The maximum rate of interest on special improvement bonds for Paving District No. 28, shall not exceed eighteen ( 18) per cent per annum. The bonds and the interest thereon shall be payable out of special assessments to be levied against the real property included within the District and specially benefited by the i mprovements to be constructed or installed. Section 9. General Benefits. The City Council hereby finds and determines that the improvements proposed to be con- structed and installed will confer a special benefit upon the property within the District and a general benefit upon the City as a whole. Sect i on 10. Severability. That if any one or more sections or parts of this Ordinance shall be adjudged unenforce- able or inv a lid , such judgment shall not affect, impair or i nval- idate the rem a ini ng provisions of this Ordinance, it being the intention that the various provisions hereof are severable . Section 11. Hearing. In accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this ordinance, before final passage, at 7:30 P.M. on Monday, April 26, 1982. Section 12. Publication and Effective Date. Thia Ordinance, after its final passage, shall be nulllbered and record- ed, and the adoption and publication shall be authenticated by the signatur of the Ma yor and the Director of Pinanc , ex-officio -·S- • I • • - • • • • City Clerk-Treasurer, and by the Certificate of Publication. This ordinance shall become effective thirty (30) days after publication following final passage. Introduced, read in full, and passed on first reading on the 5th day of April, 1982. Published as a Bill for an Ordinance on the 7th day of April 1982. Read in full and passed as amended on the 3rd day of May, 1982 . Published in full as amended on the 5th day of May, 1982. Read by title and passed on final reading on the 17th day of May, 1982. Published by title as Ordinance No·~~~' Series of 1982, on the 19th day of May, 1982. Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and fore- going is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No.~~~~ Series of 1982. Gary R. Higbee -6- • I • • - • • • • • I BY AUTHORITY ORDINANCE NO. SERIES OF 1982 __ _ (/ COUNCil. BILL NO. 28 INTRODUCED BY COUNCil. MEMBER FTl'ZPATRICK 1/) AN ORDINANCE APPROVING A CONTRACT FOR MUNICIPAL SERVICES TO PERMIT OTHER GOVERNMENTAL ENTITIES TO USE THE ENGLE WOOD ANIMAL SHELTER • WHEREAS, the City of Englewood maintains an animal shelter; and WHEREAS, the City of Englewood has Slfficient capacity to avail other governmental entities of the services of the shelter; and WHEREAS, by contracting with other governmental entities, the cost of operation will be reduced to the citizens of Englewood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil. OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. The City Council of the City of Englewood approves the form of contract hereafter appearing and authorizes the Mayor and City Clerk to sign for and on behalf of the City Council of the City of Englewood and authorizes the City of Englewood to enter into said contract with those governmental agencies desirous of using the Animal Shelter facilities of the City of Englewood. Introduced, r ad in full, and passed on first reading on the 3rd day of May, 1982. Published as a Bill for an Ordinance on the 5th day of May, 1982. Read by title and passed on final reading on the ____ day of -------, 1982. Published by title as Ordinance No. , Series of 1982, on the ____ day of , 1982. Eugene L. Otis, Mayor Attest: x officio City Clerk-Treasurer I, Gart R. IUg , ex officio City Clerk-Tr asurer of the City of Englewood, Colorado, hereby certify the bov is a true, accurate and co mple copy of th Ordinance on final reading and publi!tled by Ordinanc No. , Serl• of 1982 • • I • • • • • • ANIMAL SHELTER AGREEMENT THIS AGREEMENT, entered into by and between the CITY OF ENGLEWO OD , COLORADO, a municipal corporation, hereinafter referred to as "Englewood", and Colorado, hereinafter referred to as "User"; WTI'NESSETH WHEREA S, the City of Englewood, a municipal corporation, operates and maintains an animal melter and disposal facilities, hereinafter referred to as "Facility"; and WHEREAS, User desires to participate in the use of said Facility. NOW, THEREFORE, rr IS AGREED by and between the parties hereto as follows: L That Englewood mall provide an animal melter facility and services incident thereto. IL Englewood, at the Facility, mall accept from proper officers or wardens of User dogs or cats delivered to it fo r care. Englewood may refuse to accept any animal other than a dog or cat and may refuse to accept any animal or which 1 c mo provide proper care. m. ration of th Facility established by Engl wood in writing for deliv ry of animals by proper officers or wardens of U r those tim during which the public may claim hou o ration all SJ to ch ng only with thirty '{!I w d no to U r. • I • • - • • • • IV. All animals shall be disposed of by Englewood after the sixth day of confinement at the animal pound or on a date specified upon written notice from User on forms approved by Englewood. Disposal may be through adoption, transfer to a research agency, or cremation. V. Englewood, by City Council Resolution, shall. from time to time, establish a fee ochedule for services rendered at the Facility. Services for which fees shall be charged include, but are not limited to, impound ment, boarding, euthanasia, and disposal. 'Itte charge for fees may be changed from time to time; however, no change in fees shall be effective until thirty (30) day.;t written notice is given User. VI. Englewood, upon written authority by User, shall write animal citations for User. If Englewood animal wardens are required to appear in Court for a citation written for User, Englewood shall be reimbursed for actual hours spent in court. 'Itte charge for this time shall be based upon animal warden's hourly compensation rate, which rate shall include salary, FICII., Workmen's Compensation Insurance, and pension. If the time spent in court results in overtime, the reimbursement shall be on the basis of 1.5 x hourly compensation rate. User shall be billed for a minimum of two hours. Charges for time spent in court shall be reflected separately on Englewood's billing to User. vn. Englewood S'lall, by the thirtieth day following each month, provide an accounting to User. User shall pay those fees established by Co uncil Resolution to Englewood within fifteen days after date of statement. Englewood shall collect for U r, fe User imposes on members of the public -2- • I • • -• • • claiming animals brought in by User and credit User's obligation to Englewood. User shall give Englewood notice in writing of said fees and shall provide Englewood with thirty (30) days' notice in writing before any fee change shall be effective. VIII. The terms and conditions of this agreement shall be in full force and effect until thirty (30) days' written notice is given by either party to the other. After thirty (30) days of giving written notice of termination to the other party, this contract shall be terminated. IN WITNESS WHEREOF, the parties have hereunto set their bands and seals on the day and year set forth below. CITY OF ENGLEWOOD, COLORADO a municipal corporation Attest: City Clerk USER: Attest: -3- I • • - • ,· ORDINANCE NO. SERIES OF 1982--~ • • • BY AUTHORITY COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING A CONTRACT FOR MUNICIPAL SERVICES TO PERMIT OTHER GOVERNMENTAL EN1TI'IES TO USE THE ENGLEWOOD ANIMAL SHELTER • WHEREAS, the City of Englewood maintains an animal shelter; and WHEREAS, the City of Englewood has sufficient capacity to avail other governmental entities of the services of the shelter; and WHEREAS, by contracting with other governmental entities, the cost of operation will be reduced to the citizens of Englewood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. 1'le City Council of the City of Englewood approves the form of contract hereafter appearing and authorizes the Mayor and City Clerk to sign for and on behalf of the City Council of the City of Englewood and authorizes the City of Englewood to enter into said contract with those governmental agencies desirous of using the Animal Shelter facilities of the City of Englewood. Introduced, read in full. and paseed on first reading on the 3rd day of May, 1982. Published as a Bill for an Ordinance on the 5th day of May, 1982. Read by title and passed on final reading on the ____ day of -------I 1982. Published by title Ordinance No. , Series of 1982, on the ____ day of _________ ., 1982. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Tre rer I, G ry R. Hig , ex officio City Clerk-Treasurer of the City of Englewood, Colorado, her by certify th above is a true, accurate and co mplete copy of the Ordinance passed on final reading and published by title Ordinance No. , Seri of 1982. Gary R. H • I • • • • • ANIMAL SHELTER AGREEMENT THIS AGREEMENT, entered into by and between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, hereinafter referred to as •Englewood", and Colorado, hereinafter referred to as •user-; WITNESSETH WHEREAS, the City of Englewood, a municipal corporation, operates and maintains an animal shelter and d1sposal facilities, hereinafter referred to as •Facility"; and WHEREAS, User desires to participate in the use of said Facility. NOW, 't'HEREFORE, IT IS AGREED by and between the parties hereto as follows: L That Englewood shall provide an animal shelter facility and services incident thereto. IL Englewood, at the Facility, shall accept from proper officers or wardens of User dogs or cats delivered to it for care. Englewood may refuse to accept any animal other than a dog or cat and may refuse to accept any nimal for which i c MO provide proper care. m. The hours of oper tion of the Facility shall be established by Englewood 1n writing for delivery of animals by proper officers or wardens of U r and shall aloo bUsh those times during which the public may claim anim The hours of operation shall be SJbject to chang only with thirty da~ written notic to U r. • I • • • • • IV. All animals shall be disposed of by Englewood after the sixth day of confinement at the animal pound or on a date specified upon written notice from User on forms approved by Englewood. Disposal may be through adoption, transfer to a research agency, or cremation. V. Englewood, by City Council Resolution, shall. from time to time, establish a fee s::hedule for services rendered at the Facility. Services for which fees shall be charged include, but are not limited to, impoundment, boarding , euthanasia, and disposal. The charge for fees may be changed from time to time; however, no change in fees shall be effective until thirty (30) da'j!f written notice is given User. VI. Englewood, upon written authority by User, shall write animal citations for User. If Englewood animal wardens are required to appear in Court for a citation written for User, Englewood shall be reimbursed for actual hours spent in court. "nle charge for this time shall be based upon animal warden's hourly compensation rate, which rate shall include salary, FICA, Workmen's Compensation Insurance, and permon. If the time spent in court results in overtime, the reimbursement shall be on the basis of 1.5 x hourly compensation rate. User shall be billed for a minimum of two hours. Charges for time spent in court shall be reflected separately on Englewood's billing to u r. vn. Englewood shall. by the thirtieth day following each month, provide accounting to U r. User shall pay those fees established by Council R lution to Englewood within fifteen days after date of statement. Englewood collect for U r, f U r imposes on members of the public -2- I • • n - • • • • claiming animals brought in by User and c redit User's obligation to Englewood. User shall give Englewood notice in writing o f said fees and shall provide Englewood with thirty (30) day.I notice in writing before any fee c hange shall be effective. VIII. The terms and conditions of this agreement shall be in full force and effect until thirty (30) day.I written notice is given by either party to the other. After thirty (30) days of giving written notice of termination to the other party, this contract shall be terminated. IN WI'rnESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below. CITY OF ENGLEWOOD, COLORADO a municipal corporation Dated -----------,M~a-y_o_r___ ----------- Attest: City Clerk USER: Dated ---------------------------- Attest: -3-I • • ....... • • - 1e P R O C L A M A T I O N WHEREAS, public works services provided in our community are an in tegral part of our citizens' everyday l i ves; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, p ubl i c b uil dings, solid waste collection and snow removal; a nd WHEREAS, the health, safety and comfort of this community greatly depends on these facil i ties and services; and WHEREAS, the quality and effectiveness of these facil i - ties, as well as their planning, design and construction, are vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated per sonnel who staff public works departments is materially i nfluenced by the people's attitude and understanding of the i mportance of the work they perform. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the week of May 23 -29, 1982 as PUBLIC WORKS WEEK in the City of Englewood and c all upon all citizens and civic orga nizations to acquaint themselves with the problems involved in providing our public works and to recognize the contribut ions which public wo rks officials make every day to our health, safety and comfort. GIVEN under my hand and seal thisl7th day of May, 1982 . Eugene L. Otis, Mayor • I . • - 1e P R O C L A M A T I O N ------ WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, publ ic buildings, solid waste collection and snow removal; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facili- ties, as well as their planning, design and construction, are vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the week of May 23 -29, 1982 as PUBLIC WORKS WEEK in the City of Englewood and call upon all citizens and civic organizations to acqua int themselves with the problems involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety and comfort. GIVEN under my hand and seal thisl7th day of May, 1982. Eugene L. Otis, Mayor • I . • - PROCLAMATION WHEREAS , The annual sale of Buddy Poppies by the Veterans of Fo r e ig n Wars of the United States has been officially recognized and e ndorsed by governmental leaders since 1922; and WHEREAS, V.F.W. Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy fund-raising campaign are used exclusively for the benefit of disabled and needy veterans, and the widows and orphans of deceased veterans, and WHEREAS, The basic purpose of the annual sale of Buddy Po ppies by the Veterans of foreign wars is eloquently reflected in the desire to "Honor the Dead by Helping the Living". NOW, THEREFORE, I, EUGENE L. OTIS , Mayor of the City of Engle wood , Colorado, hereby prnclaim Monday, May 17, 1982, as BUDDY POPPIES DAY in the City of Engle wood , and I urge the citizens of this community to recognize the me rits of this cause by contributing generously to its support through th purchase of Buddy Poppies on the day set aside fo r th distrlbutio n of these symbols of t1ppreciation for the crifices of o ur honored dead. I urg all patriotic citizens to wear a Buddy Poppy as mute evidenc of ou r qrati de to the men o f this country who have risked their lives in d e of th freedo ms which we continue to enj:)y as Am rk n citiz al this 17th day of Ma y, 1982. Mayor • / I . • - PROCLAMATION WHEREAS , The a nnu al sale of Buddy Poppies by the Ve terans of Foreign Wars and the Am erican Legion has been officially recognized ancl endorsed by governmental leaders since 1922; and WHEREAS , V.F.W. Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy fund-raising campaign are used exclusively for the benefit of disabled and needy veterans and the widows and orphans of deceased veterans; and WHEREAS , The basic purpose of the annual sale of Buddy Poppies by the Veterans of Foreign Wars and the American Legion is eloquently reflected in the desire to "Honor the Dead by Helping the Living". NOW , THEREFORE , I, EUGEN[ L. OTIS , Mayor of the City of Englewood , Colorado, her eby proclaim May 21 and 22 , 1982, as BUDDY POPPY DAYS in the City of Englewood , and I urge the citizens of this community to recognize the merits of this cause by contributing generously to its support through the purchase of Buddy Poppies on the day set aside for the distribution of these symbols of appreciation for the sacrifices of our honored dead. I urge all patriotic citizens to wear a Buddy Poppy as mute evidence of our gratitude to the men of this country who have risked their lives in defense of the freedoms which we continue to enj:)y as American citizens. GIVEN under my hand and al this 17th day of May, 1982. • / I . - PROCLAMATION WHEREAS , The annual sale of Buddy Poppies by the Veterans of Foreign Wars of the United States has been officially recognized and e ndorsed by governmental leaders since 1922; and WHEREAS , V.F.W. Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy fund-raising campaign are used exclusively for the benefit of disabled and needy veterans, and the widows and orphans of deceased veterans, and WHEREAS , The basic purpose of the annual sale of Buddy Poppies by the Veterans of foreign wars is eloquently reflected in the desire to "Honor the Dead by Helping the Living". NOW , THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood , Colorado, hereby proclaim Monday, May 17 , 1982, as BUDDY POPPIES DAY in the City of Englewood, and I urge the citizens of this community to recognize the merits of this cause by contributing generously to its support through the purchase of Buddy Poppies on the day set aside for the distribution of these symbols of nppreciation for the sacrifices of our honored dead. I urge all patriotic citizenc; to wear a Buddy Poppy as mute e vidence of our gratitude to the men of this country who have risked their lives in defense of the freedoms which we continue to enj:>y as American citizens. GIVEN under hand and seal this 17th day of May, 1982. Mayor • / I - PROCLAMATION WHEREAS, The annual sale of Buddy Poppies by the Veterans of Foreign Wars of the United States has been officially recognized and endorsed by governmental leaders since 1922; and WHEREAS, V.F.W. Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy fund-raising campaign are used exclusively for the benefit of disabled and needy veterans, and the widows and orphans of deceased veterans, and WHEREAS , The basic purpose of the annual sale of Buddy Poppies by the Veterans of foreign wars is eloquently reflected in the desire to "Honor the Dead by Helping the Living". NOW, THEREFORE, I , EUGENE L. OT"..S, Mayor of the City of Englewood , Colorado, hereby proclaim Monday, May 17, 1982, as BUDDY POPPIES DAY in the City of Englewood, and I urge the citizens of this community to recognize the merits of this cal.l5e by contributing generously to its support through the purchase of Buddy Poppies on the day set oSide for the distribution of these symbols of ctppreciation for the sacrifices of our honored dead. I urge all patriotic citizens to wear a Buddy PoPP'f as mute e viden of our gratitude to the m n of this country who have risked their lives in d of th freedoms which we continue to enj:)y as American citiz . . . .. al this 17th day of May, 1982. " ~ I / Mayor " ', I • • PROCLAMATI ON WHEREAS, The annual sale of Buddy Poppies by the Veterans of Foreign Wars of the United States has been officially recognized and endorsed by governmental leaders since 1922; and WHEREAS, V.F.W. Buddy Poppies are assembled by disabled veterans, and the proceeds of thls worthy fund-raising campaign are used exclusively for the benefit of disabled and needy veterans, and the widows and orphans of deceased veterans, and WHEREAS , The basic purpose of the annual sale of Buddy Poppies by the Veterans of foreign wars is eloquently reflected in the desire to "Honor the Dead by Helping the Living". NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, hereby proclaim Monday, May 17, 1982, as BUDDY POl:'PIES DAY in the City of Englewood , and I urge the citizens of thls community to recognize the merits of this cause by contributing generously to its support through the purc hase of Buddy Poppies on the day set aside for the distribution of these symbols of 11ppreciation for the sacrifices of o ur honored dead . I urge all patriotic citizens to wear a Buddy Poppy as mute e vidence of our gratitude to the men of thls countiy who have risked their lives in defense of th freedo ms which we continue to enj)y as American citizens. al this 17th day of May, 1982. Mayor I • - • • MEMO TO: DATE : RE: • • • Mayor Otis and Members of City Council May 12, 1982 Amendment of the Criminal Code Provisions of Englewood Municipal Code 7 E Attached you will find a rough draft of certain provisions of the Englewood Municipal Code that are intended for amendment. These amendments have been discussed at length with Council- person Bradshaw, and I am providing all members of Council with the latest amendments thereto. At the present time, these documents are being circulated among the various staff personnel that may have an interest in this matter. I believe that this response may be completed by June 1 and, hopefully, we will be able to advise Council as to these responses and any additional amendments that may be needed. Respectfully submitted, bb c:::;z.cn~ ~ Attachment I • • ....... • • • - MEMO TO: Mayor Otis and Members of City Council DATE: May 11, 1982 RE: Repeal of Code Sections 11-6-14, 11-6-22, 11-6-23 , 11-6-24, 11-7-16, and 11-8-11 We are suggesting repeal of these Code sections for the following reasons: Sections 11-6-14, Unlawful to Possess Burglar Tools, and 11-8-11, Assault or Indecent Acts, are felonies at the State level. Possession of burglar tools is a Class 5 felony. Sexual assault on a child is a Class 4 felony. Since our ordinance refers to indecent acts with children under 16, it is superseded by the State. We suggest repeal of 11-6-24, Unlawful Congregation, because the conduct proscribed therein is essentially covered by the Loitering, Harassment, or Disorderly Conduct Ordinance. Section 11-7-16, Taxicab Cruising, is recommended for repeal because it is not felt that there is a justifiable need for such an ordinance in terms of the health, safety and welfare of the citizenry. Sections 11-6-22, Loitering Prohibited, and 11-6-23, Loitering Near Schools, have both been incorporated into a revised Section 11-6-7 entitled "Loitering". bb Attachm nt C.B. 32 Ric Loretta Huffine Assistant City Attorney I • • • ORDINANCE NO. SERIES OF 1982-- • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 32 INTRODUCED BY AN ORDINANCE REPEALING SECTIONS 11-6-14, UNLAWFUL TO POSSESS BURGLAR TOOLS, 11-6-22, LOITERING PROHIBITED, 11-6-23, LOITERING NEAR SCHOOL PROHIBITED, 11-6-24, UNLAWFUL CONGREGATION, 11-7-16, TAXICAB CRUISING, AND 11-8-11, ASSAULT OR INDECENT ACTS • . WHEREAS, review of the offenses under the Englewood Municipal Code has indicated that some are duplicitous or no longer applicable, or are superseded by a state felony offense. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. '!bat the following sections of the Englewood Municipal Code of 169 are hereby repealed: 11-6-14 11-6-22 11-6-23 11-6-24 11-7-16 11-8-11 Unlawful to Possess Burglar Tools Loitering Prohibited Loitering Near Schools Prohibited Unlawful Congregation Taxicab Cruising Assault or Indecent Acts Introduced, read in full. and passed on first reading on the ____ day of , 1982. Published as a Bill for an Ordinance on the ____ day of ------- 1982. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer r. Gary R, Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above is a true, correct and complete copy of a Bill for an Ordinance, introduced, read in full. and passed on first reading on the ___ day of , 1982. • I • • • • - BY AUTHORITY ORDINANCE NO. SERIES OF 1982-IN=T=R,...,O"'Dc,-U~c=E=D BY COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE REPEALING AND REENACTING THE ENGLEWOOD MUNICIPAL CODE -------- WHEREAS, it is deemed necessary by the Englewood City Council to amend certain criminal offense ordinances to more precisely define the acts prohibited; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. • •••••••••••••• 11-2-8: UNLAWFUL TO POSSESS OR CO NSUME IN PUBUC; UNLAWFUL PURCHASE OR POSSESSIO N BY MINORS (a) It shall be unlawful for any person to drink or have in his pog;ession or under his control in any public place any intox:ica- ing liquor in any container of any kind o r description which is not sealed or on which the seal is broken. (b) It shall be unlawful for any person under age eighteen (18) to purchase or have in his possession any intoxicating liquor of any kind in ny manner whatsoever. (c) Th word "container" all includ bu not be limited to ny decanter, bottle, r, thermos bottle or · • (d) The word "seal" shall mean the regular and original tax seal applied by ord r of the United States Goverrn~"lt over the cap of ch and every contain r of intoxicating beverag (e) "Public Place• m ans any plac o n to the g neral public, 1th r fr or by payment of n entr nc f , bu shall no includ any bllshm nt properly lie to sell and dispense intoxic ting liquor. "Public place• all includ , but is not limited to, any walk, str t. alley, parking lot. park, pool room fl ldho um, or ball park. • I • • • • - fielclhouse, stadium, or ball park. (f) This section shall apply to posse$ion or consumption of an intoxicating liquor in a vehicle, in areas of the vehicle acces- sible to the driver or passengers, when such vehicle is in a public place. 11-2-12 SOLICITATION OF DRINKS (a) It shall be unlawful for any person to frequent or loiter in cabaret or night club, with the purpose of soliciting any other person to purchase drinks. (b) It shall be unlawful for the proprietor or operator of any such establishment to knowingly allow the presence in such establishment of any person who violates the provisions of this Section. 11-4-1: UABILITY FOR CONDUCT OF ANOTHER, COMPLICITY A person is legally liable as principal for the conduct of another constituting a criminal offense if, with the intent to promote or facilitate the commission of the offense, he aids, abets, or advises the other person in planning or committing the offense. 11-5-1 ASSAULT (a) An assault is an unlawful attempt coupled with an apparent present ability to commit a bodily irrj..Jry on the person of another. (b) It shall be unlawful for any person to com mit an assault on on another person or intentionally place another in reasonable apprehension of receiving a battery. 11-5-2: BATI'ERY It shall be unlawful to knowingly o r rec y beat, strike, wound, imprison, o r inflict any fore o r violence upon another person. 11-5-3: It shall which e r e 11-6-1: RECKLESS LY ENDAN GE RIN G AN OTHER PERSON unla wful for a rson to rec y e ngage in conduct a risk of riol.8 bodily to anoth r person. DISORDERLY CONDUCT-QUARRELING; FIG HTIN G It all unla wful for ny in th City of Engle wood. A kno wingly: rson to ngag in disorderly conduct n com its disord rly conduct if he or r n in a public plac in an m M r , or wh r e SJ<:h ng u or thr ats ng r o violenc • 2 I • • - • • • • (b) ma kes a coarse and obviously o ffe nsive utterance, gesture, or display tends to incite a breach of the peace. (c) fights with another in a public place, except for professional or a mateur contests o f athletic skill. (d) makes unreasonable noise in a public place or near a private r esidence whic h he or she has no right to occupy. 11-6-3: DISTURBANCE OF THE PEACE It shall be unlawful for any person to disturb the peace of a ne ighborhood by violent, tumultuous, offensive or obstreperous conduct, or by loud or unusual noises, or by unseemly, profane, ol::6cene, or offensive language, calculated to provoke a breach of the peace; or for any person to permit any ruch conduct in any house or upon any premises owned or posse$E!d by him or under his manage- ment or control, so that others in the neighborhood are or may be disturbed thereby. 11-6-6: HARASSMENT It shall be unlawful for a person, with purpose to harass, annoy or alarm another to: (a) strike, shove, kic k or otherwise touch any person; o r (b) insult, taunt or challenge another in a manner lik ely t o provok e violent or disorderly response; o r (c) make a telephone call, or cause a phone to ring repeatedly, without purpose of legitimate communic ation; o r (d) ma ke repea ted communications anony mously, or othe rwise, by telephone or at extremely inconvenient hours, o r in offensively coarse lang uage; o r (e) eng ag e in any other c ourse of harmful conduct whic h alarms or seriously annoys another person and which serv es no l egitima te purpose. 11-6-7: (a) It all LOITERING unlawful to: (1) loiter for the purpose of begging; or (2) loiter in or abou a school b.illding or grounds, not having any re n or relationship involving custody of or responsi- bility for a pupU. or any other specific and legitimate reason for ing th r , and not having written permis:iion from a school administrator; or 3 • I • • - • • • • (3) loiter in a place, at a time, and in a manner not usual and appropriate for the place, or where circumstances warrant alarm or concern for the safety of persons or property in the vicinity. Among the circumstances which may be c onsidered in dete rmining whether such alarm is warranted is the fact that such person takes flight upon appearance of a peace officer, refuses to identify himself, or manifestly endeavors to conceal himself, or conceal or dispose of any obj!ct. Unles;; flight by the person or other circumstance makes it impracticable, a peace officer shall, prior to any arrest for an offense under this section, afford such person an opportunity to dispel any alarm which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this section if the peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if believed by the peace officer at the time, would have dispelled the alarm. (4) loiter so as to interfere with the free and unol::structed use of a public way or place by other persons. (b) for purposes of this section, "loiter" means to be dilatory, to stand idly around, to linger, delay, or wander about, or to tarry in a public place. 11-6-10: PO SSESSION OF IT.LEGAL WEAPONS (a) It shall be unlawful for any person to possess an illegal weapon. (b) As used in this Section, "illegal weapon" means a blac~ck, bomb, firearm silencer, gas gun, machine gun, short shotgun, short rifle, metallic knuckles, gravity knife, s witchblade knife, nunchukas or throwing stars. (c) It shall be an affirmative defense to this section that a person has a valid permit and license pursuant to the federal code for such weapon, or that such person is a peace officer or member of th armed forces or National Guard acting in lawful di.9::harge of his duti 11-6-11: FORFEITURE OF WEAPONS In every case where a person is charged with a violation of this chapter involving a weapons offense shall forfeit to the City such dang ro o r illegal weapon. 4 • I . • 11-6-15: • • • RESISTANCE, INTERFERENCE WITH A POUCE OFFICER OR FIREMAN (a) It shall be unlawful for any person to resist a peace officer, under color of official authority, from effecting the arrest of any person, by the use or threat of physical force or violence, or any other means which creates a substantial risk of physical inj.Jry. (b) It shall be unlawful to knowingly obstruct or interfere with or hinder a peace officer or fireman in the discharge of his duties. 11-6-16: AIDING ESCAPE It shall be unlawful for any person to rescue, or to aid or abet. offer or endeavor to assist another person to escape from custody or confinement. 11-8-1: WRONGS TO CHILDREN It shall be unlawful for any person to knowingly, intentionally or negligently cause or permit a child to be placed in a situation that may endanger the child's life or health, or exposed to the inclemency of the weather, or abandoned, tortured, cruelly confined, or cruelly punished, or deprived of necessary food or shelter, where any injJry resulting to the child is less than serious bodily inj.uy. 5 • I • • - • • • • • MEMO TO: Mayor Otis and Members of City Council DATE: May 12, 1982 RE: Amendment of the Criminal Code Provisions of Englewood Municipal Code Attached you will find a rough draft of certain provisions of the Englewood Municipal Code that are intended for amendment. These amendments have been discussed at length with Council- person Bradshaw, and I am providing all members of Council with the latest amendments thereto. At the present time, these documents are being circulated among the various staff personnel that may have an interest in this matter. I believe that this response may be completed by June 1 and, hopefully, we will be able to advise Council as to these responses and any additional amendments that may be needed. Respectfully submitted, bb ~t~' Attachment • I • • • • • • MEMO TO: Mayor Otis and Members of City Council DATE: May 11, 1982 RE: Repeal of Code Sections 11-6-14, 11-6-22, 11-6-23, 11-6-24, 11-7-16, and 11-8-11 We are suggesting repeal of these Code sections for the following reasons: Sections 11-6-14, Unlawful to Possess Burglar Tools, and 11-8-11, Assault or Indecent Acts, are felonies at the State level. Possession of burglar tools is a Class 5 felony. Sexual assault on a child is a Class 4 felony. Since our ordinance refers to indecent acts with children under 16, it is superseded by the State. We suggest repeal of 11-6-24, Unlawful Congregation, because the conduct proscribed therein is essentially covered by the Loitering, Harassment, or Disorderly Conduct Ordinance. Section 11-7-16, Taxicab Cruising, is recommended for repeal because it is not felt that there is a justifiable need for such an ordinance in terms of the health, safety and welfare of the citizenry. Sections 11-6-22, Loitering Prohibited, and 11-6-23, Loitering Near Schools, have both been incorporated into a revised Section 11-6-7 entitled "Loitering". bb Attachm nt C.B. 32 Loretta Huffine Assistant City Attorney • I • • - • ORDINANCE NO. SERIES OF 1982-- • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 32 INTRODUCED BY AN ORDINANCE REPEALING SECTIONS 11-6-14, UNLAWFUL TO POSSESS BURGLAR TOOLS, 11-6-22, LOITERING PROHIBITED, 11-6-23, LOITERING NEAR SCHOOL PROHIBITED, 11-6-24, UNLAWFUL CONGREGATION, 11-7-16, TAXICAB CRUISING, AND 11-8-11 , ASSAULT OR INDECENT ACTS. WHEREAS, review of the offenses under the Englewood Municipal Code has indicated that s;>me are duplicitous or no longer applicable, or are superseded by a state felony offense. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section l. That the following sections of the Englewood Municipal Code of 169 are hereby repealed: 11-6-14 11-6-22 11-6-23 11-6-24 11-7-16 11-8-11 Unlawful to Possess Burglar Tools Loitering Prohibited Loitering Near Schools Prohibited Unlawful Congregation Taxicab Cruising Assault or Indecent Acts Introduced, read in full. and passed on first reading on the ____ day of , 1982. Published as a Bill for an Ordinance on the day of 1982. -------------' Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above is a true, correct and complete copy of a Bill for an Ordinance, introduced, read in full. and passed on first reading on th ___ day of , 1982. I • • • • - BY AUTHORITY ORDINANCE NO. SERIES OF 1982-IN=T=R-O~D-u~c=E=D BY A Bil..L FOR AN ORDINANCE REPEALING AND REENACTING COUNCIL Bil..L NO. 31 INTRODUCED BY COUNCIL MEMBER _______ _ THE ENGLEWOOD MUNICIPAL CODE WHEREAS, it is deemed necessary by the Englewood City Council to amend certain criminal offense ordinances to more precisely define the acts prohibited; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLOR ADO: Section 1. • •••••••••••••• 11-2-8: U LAWFUL TO POSSESS OR CONSUME IN PUBUC; U LAWFUL PURCHASE OR POSSESSION BY MINO unlawful for any person to drink or hav in lu.s or under his control in any public plac any intoX1Ca- r in ny container of any kind or description which · or on which the seal is broken. (b) I all unlawful for any person under age eigh een (18) to pure or hav in his possession any intoxicating liquor of any kind in any manner whatsoever. (c) The word •contain r" shall includ but no decanter, bottle, · r, thermos bottle or j..lg. limited to y (d) The word "seal· shall mean the regular and original tax al applied by order of the United States GoverrM '!'lt ov r the c p of e ch nd every container of intoxicating beverag (e) ·Public Place• m ans any place open to the general public, either fr or by paym nt of n entr nc f e, but shall not include ny establishment properly liceMed to sell and dispe intoxicating liquor. -Public place• shall includ , but is not limited to, ny sid walk, t:. alley, parking lot, park, pool room fieldho dium, or ball park. ) I • • - .. • • - fieldhouse, stadium, or ball park. (f) This section shall apply to possession or consumption of an intoxicating liquor in a vehicle, in areas of the vehicle acces- sible to the driver or passengers, when such vehicle is in a public place. 11-2-12 SOUCITATION OF DRINKS (a) It shall be unlawful for any person to frequent or loiter in cabaret or night club, with the purpose of soliciting any other person to purchase drinks. (b) It shall be unlawful for the proprietor or operator of any suc h establishment to knowingly allow the presence in such establishment of any person who violates the provisions of this Section. 11-4-1: LIABILITY FOR CONDUCT OF ANOTHER, COMPUCITY A person is legally liable as principal for the conduct of another constituting a criminal offense if, with the intent to pro mote or f acilitate the commission of the offense, he aids, abets, or advises the other person in planning or committing the offense. 11-5-1 ASSAULT (a ) An assault is a n unlawful attempt coupled with an a pparent present ability to c o mmi t a bodily inj.u:y on the person of another. (b) It shall be unlawful for any person to c o mmit a n assault on on a nother person o r intentionally plac e another in reasonable apprehension o f receiving a battery. 11-5-2: BATTERY It shall be unla wful to kn o wingly o r recklessly beat, strike, wound, i mprison, or inflict a ny fo r ce o r violenc e upcn another person. 11-5-3: RECKLESSLY ENDANGERING A NOTHER PERSON It shall be unlawful for a person to recklessly engag in conduct which crea a 9.1 ntial risk of rious bodily to not.her person. 11-6-1: DISORDERLY CONDUCT-QUARRELING; F!GHTING It shall unlawful for ny person to engage in disord rly conduct in th City of Englewood. A person commits disorderly conduct if h or kno wingly: (a) or threatens not.her rson in a public place in an obviously offensiv m M r , or wh re such languag or thr ats e r t a cle r nd pr nt dang r of violence. 2 • ) I • • • • • (b) makes a coarse and obviously offensive utterance, gesture, or di.splay tends to incite a breach of the peace. (c) fights with another in a public place, except for professional or amateur contests of athletic skill. (d) makes unreasonable noise in a public place or near a private residence which he or she has no right to occupy. 11-6-3: DISTURBANCE OF THE PEACE It shall be unlawful for any person to disturb the peace of a neighborhood by violent, tumultuous, offensive or obstreperous conduct, or by loud or unusual noises, or by W'ISeemly, prnfane, ob3cene, or offensive language, calculated to provoke a breach of the peace; or for any person to permit any s.ich conduct in any house or upon any premises owned or possessed by him or under his manage- ment or control. so that others in the neighborhood are or may be disturbed thereby. 11-6-6: HARASSMENT It shall be unlawful for a person, with purpose to harass, annoy or alarm another to: (a) strike, shove, kick or otherwise touch any person; or (b) insult, taunt or challenge another in a manner likely to pr-evoke violent or disorderly response; or (c) make a telephone call. or cause a phone to ring repeatedly, without purpose of legitimate communication; or (d) make repeated communications anonymously, or otherwise, by telephone or at extremely inconvenient hours, or in offensively coarse language; or (e) engage in any other course of harmful conduct which alarms or riously annoys another person and which rves no legitimate purpose. 11~-7: LOITERING (a) It shall be unlawful to: (1) loiter for the pu of begging; or (2) loiter in or bout hool building or groun not having any r n or relationship involving custody of or r nsi- bllity for a pupll, or ny oth r and legitlm r n for ing th r , nd no having rm n from a Ehool dministr tor; or 3 • I • • - • • • • (3) loiter in a place, at a time, and in a manner not usual and appropriate for the place, or where circumstances warrant alarm or concern for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that such person takes flight upon appearance of a peace officer, refuses to identify himself, or manifestly endeavors to conceal himself, or conceal or dispose of any object. Unless flight by the person or other circumstance makes it impracticable, a peace officer shall, prior to any arrest for an offense under this section, afford such person an opportunity to dispel any alarm which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this section if the peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if believed by the peace officer at the time, would have di.spelled the alarm. (4) loiter so as to interfere with the free and unot:structed use of a public way or place by other persons. (b) for purposes of this section, "loiter" means to be dilatory, to stand idly around, to linger, delay, or wander about, or to tarry in a public place. 11-6-10: POSSESSION OF ILLEGAL WEAPON S (a) It shall be unlawful for any person to possess an illegal weapon. (b) As used in this Section, "illegal weapon" me a ns a blackj:lck, bo mb, fir ear m silence r, gas gun, machine gun, short shotgun, short rifle, metallic knuckles, gravity knife, switchblade knife, nunchukas or th ro wing stars. (cl It all be an affirma tive def e nse to this section that a person has a valid perm it and license pursua nt to the federal code for 9.Jch weapon, or that 9.Jch person is a peace officer or member of th rmed forces or National Guard acting in lawful discharge of his duti 11-6-ll.: FORFmURE OF WEAPONS In every c wher e a person Is charged with a violation of this chapter involving a weapo ns of fense shall forfeit to the City 9.JCh dang ro or illegal weapon. 4 • I • • n - • • 11-6-15: • • • RESISrANCE, INTERFERENCE WITH A POLICE OFFICER OR FIREMAN (a) It shall be unlawful for any person to resist a peace officer, under color of official authority, from effecting the arrest of any person, by the use or threat of physical force or violence, or any other means which creates a sutstantial risk of physical inj.lry. (b) It shall be unlawful to knowingly obstruct or interfere with or hinder a peace officer or fireman in the dis::harge of his duties. 11-6-16: AIDING ESCAPE It shall be unlawful for any person to rescue, or to aid or abet, offer or endeavor to assist another person to escape from custody or confinement. 11-8-1: WRONGS TO CHILDREN It shall be unlawful for any person to knowingly, intentionally or negligently cause or permit a child to be placed in a situation that may endanger the child's life or health, or exposed to the inclemency of the weather, or abandoned, tortured, cruelly confined, or cruelly punished, or deprived of necessary food or shelter, where any inj.lry resulting to the child is less than serious bodily inj.lry. 5 • I • • - • • • • • MEMO TO: Mayor Otis and Members of City Council DATE: May 12, 1982 RE: Amendment of the criminal Code Provisions of Englewood Municipal Code Attached you will find a rough draft of certain provisions of the Englewood Municipal Code that are intended for amendment. These amendments have been discussed at length with Council- person Bradshaw, and I am providing all members of Council · with the latest amendments thereto. At the present time, these documents are being circulated among the various staff personnel that may have an interest in this matter. I believe that this response may be completed by June 1 and, hopefully, we will be able to advise Council as to these responses and any additional amendments that may be needed. Respectfully submitted, bb ~t~' Attachment • I • • In - • • • • • MEMO TO: Mayor Otis and Members of City Council DATE: May 11, 1982 RE: Repeal of Code Sections 11-6-14, 11-6-22, 11-6-23, 11-6-24, 11-7-16, and 11-8-11 We are suggesting repeal of these Code sections for the following reasons: Sections 11-6-14, Unlawful to Possess Burglar Tools, and 11-8-11, Assault or Indecent Acts, are felonies at the State level. Possession of burglar tools is a Class 5 felony. Sexua l assault on a child is a Class 4 felony. Since our ordinance refers to indecent acts with children under 16, it is superseded by the State. We suggest repeal of 11-6-24, Unlawful Congregation, because the conduct proscribed therein is essentially covered by the Loitering, Harassment, or Disorderly Conduct Ordinance. Section 11-7-16, Taxicab Cruising, is recommended for repeal because it is not felt that there is a justifiable need for such an ordinance in terms of the health, safety and welfare of the citizenry. Sections 11-6-22, Loitering Prohibited, and 11-6 -23, Loitering Near Schools, have both been incorporated into a revised Section 11-6-7 entitled "Loitering". bb Attachment C.B. 32 Ric Loretta Huffine Assistant City Attorney I • • f"] • ORDINANCE NO. SERIES OF 1982-- • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 32 INTRODUCED BY AN ORDINANCE REPEALING SECTIONS 11-6-14, UNLAWFUL TO POSSESS BURGLAR TOOLS, 11-6-22, LOITERING PROHIBITED, 11-6-23, LOITERING NEAR SCHOOL PROHIBITED, 11-6-24, UNLAWFUL CONGREGATION, 11-7-16, TAXICAB CRUISING, AND 11-8-11, ASSAULT OR INDECENT ACTS. WHEREAS, review of the offerses under the Englewood Municipal Code has indicated that some are duplicitous or no longer applicable, or are ruperseded by a state felony offense. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the following sections of the Englewood Municipal Code of 169 are hereby repealed: 11-6-14 11-6-22 11-6-23 11-6-24 11-7-16 11-8 -11 Unlawful to POl:EeSS Burglar Tools Loitering Prohibited Loitering Near Schools Prohibited Unlawful Cong regation Taxicab Cruising Assault or Indecent Acts Introduced, read in full. and passed on fiist reading on the ____ day of , 1982. Published as a Bill for an Ordinance on the day of 1982. -----------· Eugene L. Otis, Mayor Attest: ex officio City Clerk-Tr I, Gary R. Hig , x officio City Clerk-Tre rer of the City of Englewood, Colorado, h r by certify that th abov 1s a true, correct and complete COP'f of a Bill for n Ordinanc , introduced, read in full. nd on first re ding on the ___ day of , 1982. • I • • n - • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 1982_IN_T=R~O~D~U~C~E~D BY A BILL FOR AN ORDINANCE REPEALING AND REENACTING COUNCIL BILL NO. 31 INTRODUCED BY COUN CIL MEMBER --------- THE ENGLEWOOD MUNICIPAL CODE WHEREAS, it is deemed necessary by the Englewood City Council to amend certain criminal offense ordinances to more precisely define the acts prohibited; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. 11-2-8: UNLAWFUL TO POSSESS OR CONSUME IN PUBUC; UNLAWFUL PURCHASE OR POSSESSION BY MIN ORS (a) It shall be unlawful for any person to drink o r have in his possession or under his control in any public place any intoxic a- ing liquor in any container of any kind or description whic h is not sealed or on which the seal is broken. (b) It shall be unla wful for any pe rson under age eighteen (18) to purchase or have in his pos,ession any intoxicating liquor of any kind in any manner whatsoever. (c) The word "container" shall includ but not be limited to any decanter, bottle, jsr, thermos bottle or jJg. (d) The word "seal" shall mean the r egular and original tax seal applied by orde r of the United States Go v errn'?"lt over the cap of each and ev ery container of intoxicating bev rag (e) "Pu blic Place" meal'\S any place open to the g ner al public, either free o r by pay ment of n entranc fee, but all not include any establ!.shment properly licensed to sell nd dispe intoxicating liquor. "Public place" shall includ , bu ls no limited to, any sid walk, str t, alley, parking lot, park, pool room fieldho , stadium , or ball park • • , I • • _n • • • - fieldhouse, stadium, or ball park. (f) This section shall apply to possession or consumption of an intoxicating liquor in a vehicle, in areas of the vehicle acces- sible to the driver or passengers, when such vehicle is in a public place. 11-2-12 SOUCITATION OF DRINKS (a) It shall be unlawful for any person to frequent or loiter in cabaret or night club, with the purpose of soliciting any other person to purchase drinks. (b) It shall be unlawful for the proprietor or operator of any such establishment to knowingly allow the presence in such establishment of any person who violates the provisions of this Section. 11-4-1: UABILITY FOR CONDUCT OF ANOTHER, COMPUCITY A person is legally liable as principal for the conduct of another constituting a criminal offense if, with the intent to promote or facilitate the commission of the offense, he aids, abets, or advises the other person in planning or committing the offense. 11-5-1 ASSAULT (a ) An assault is an unlawful attempt coupled with an apparent present ability to commit a bodily inj.lry on the person o f another. (b) It shall be unlawful for any person to commit an as:;ault on on another person or intentionally plac e anothe r in reasonable apprehension of rec e i ving a battery. 11-5-2: BATI'ERY It shall be unlawful to knowingly o r reckless.ly beat, strike, wound, i mprison, o r inflict a ny force o r violence u po n a nother person. 11-5-3: RE C KLESSL Y EN DAN GE RIN G ANOTHER PERSO N It shall be unla wful for a person to reckless.ly engage in conduct which creates a sul:stantial risk of serious bodily to another person. 11-6-1: DISORDERLY CONDUCT-QUARRELING; FIGHTING It shall be unla wful for any person to engage in disorderly conduct in the City of Englewood. A person commits disorderly conduct if he or she kno wingly: (a) abuses or thr aters another person in a public place in an obviously offensive manner, or wh re such languag or threats c reate a clear and pr nt danger of violence. 2 • I • • • • • • (b) makes a coarse and obviously offensive utterance, gesture, or display tends to incite a breach of the peace. (c) fights with another in a public place, except for professional or amateur contests of athletic skill. (d) makes unreasonable noise in a public place or near a private residence which he or she has no right to occupy. 11-6-3: DISTURBANCE OF THE PEACE It shall be unlawful for any person to disturb the peace of a neighborhood by violent, tumultuous, offensive or obstreperous conduct, or by loud or unusual noises, or by unseemly, profane, obscene, or offensive language, calculated to provoke a breach of the peace; or for any person to permit any 9.Jch conduct in any house or upon any premises owned or possessed by him or under his manage- ment or control, so that others in the neighborhood are or may be disturbed thereby. 11-6-6: HARASSMENT It shall be unlawful for a person, with purpose to harass, annoy or alarm another to: (a) strike, shove, kick or otherwise touch any person; or (b) insult, taunt or challenge another in a manner likely to provoke violent or disorderly response; o r (c) make a telephone call, or cause a phone to ring repeatedly, without purpose of legitimate communication; o r (d) make repeated communications anonymously, or otherwise, by telephone or at extremely inconvenient hours, or in offensively coarse language; or (e) engage in any other course of harmful conduct which alarm s or seriously annoys a nother person a nd which serves no legitimate purpose. 11-6-7: LOITERING (a) It all be unlawful to: (1) loiter for the purpose of begging; or (2) loiter in or bou a hool building or grounds. not having any r n or relationship involving custody of or responsi- bility for a pupil, or y oth r specl.fic nd legitimate re n for ing th re, and no having wri n rm n from a hool dministr tor; or 3 • I • • - • • • • (3) loiter in a place, at a time, and in a manner not usual and appropriate for the place, or where circumstances warrant alarm or concern for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that such person takes flight upon appearance of a peace officer, refuses to identify himself, or manifestly endeavors to conceal himself, or conceal or dispose of any object. Unless flight by the person or other circumstance makes it impracticable, a peace officer ~ prior to any arrest for an offense under this section, afford such person an opportunity to dispel any alarm which would otherwise be warranted by requesting him to identify himself and explain his ixesence and conduct. No person shall be convicted of an offense under this section if the peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if believed by the peace officer at the time, would have dispelled the alarm. (4) loiter 9:> as to interfere with the free and unotstructed use of a public way or place by other persons. (b) for purposes of this section, "loiter" means to be dilatory, to stand idly around, to linger, delay, or wander about, or to tarry in a public place. 11-6-10: POSSESSION OF Il.LEGAL WEAPONS (a) It shall be unlawful for any person to possess an illegal weapon. (b) As used in this Section, "illegal weapon• means a blac kjlck, bomb, firearm silenc er, gas gun, ma c hine gun, short shotgun, short rifle, metallic knuckles, gravity knife, s witchblad knife, nunchukas or throwing stars. (c) It shall be an a ffirmative defe rse to this section that a person has a valid perm it and lic erse pursuant to the federal code for such weapon, or that aJch person is a peace officer or member of the a r med forces or National Guard acting in la wful discharge of his duti 11-6-ll: FORFEITURE OF WEAPONS In every c wher a person chapter involving a w pore offe dang rous or illegal weapon. 4 ch rged with a violation of this shall forf it to th City SJCh • I • • - • • 11-6-15: • • • RESISTANCE, INTERFERENCE WITH A POLICE OFFICER OR FIREMAN (a) It shall be unlawful for any person t.o resist a peace officer, under color of official authority, from effecting the arrest of any person, by the use or threat of physical force or violence, or any other means which creates a sutstantial risk of physical inj.lry. (b) It shall be unlawful t.o knowingly obstruct or interfere with or hinder a peace officer or fireman in the discharge of his duties. 11-6-16: AIDING ESCAPE It shall be unlawful for any person t.o rescue, or to aid or abet, offer or endeavor t.o assist another person to escape from custody or confinement. 11-8-1: WRONGS TO CHILDREN It shall be unlawful for any person t.o knowingly, intentionally or negligently cause or permit a child t.o be placed in a situation that may endanger the child's life or health, or exposed t.o the inclemency of the weather, or abandoned, t.ortured, cruelly confined, or cruelly punished, or deprived of necessary food or shelter, where any inj.Jry resulting t.o the child is le$ than serious bodily inj.lry. 5 I • • I n - • • • • • MEMO TO: Mayor Otis and Members of City Council DATE: May 12, 1982 RE: Amendment of the Criminal Code Provisions of Englewood Municipal Code Attached you will find a rough draft of certain provisions of the Englewood Municipal Code that are intended for amendment. These amendments have been discussed at length with Council- person Bradshaw, and I am providing all members of Council with the latest amendments thereto. At the present time, these documents are being circulated among the various staff personnel that may have an interest in this matter. I believe that this response may be completed by June 1 and, hopefully, we will be able to advise Council as to these responses and any additional amendments that may be needed. Respectfully submitted, bb ~t~~ Attachment • I • • n i I ~ - • • • • • • MEMO TO: Mayor Otis and Members of City Council DATE: May 11, 1982 RE: Repeal of Code Sections 11-6-14, 11-6-22, 11-6-23, 11-6-24, 11-7-16, and 11-8-11 We are suggesting repeal of these Code sections for the following reasons: Sections 11-6-14, Unlawful to Possess Burglar Tools, and 11-8-11, Assault or Indecent Acts, are felonies at the State level. Possession of burglar tools is a Class 5 felony. Sexual assault on a child is a Class 4 felony. Since our ordinance refers to indecent acts with children under 16, it is superseded by the State. We suggest repeal of 11-6-24, Unlawful Congregation, because the conduct proscribed therein is essentially covered by the Loitering, Harassment, or Disorderly Conduct Ordinance. Section 11-7-16, Taxicab Cruising, is recommended for repeal because it is not felt that there is a justifiable need for such an ordinance in terms of the health, safety and welfare of the citizenry. Sections 11-6-22, Loitering Prohibited, and 11-6-23 , Loitering Near Schools, have both been incorporated into a revised Section 11-6-7 entitled "Loitering". bb Attachment C.B. 32 Ric Loretta Huffine Assistant City Attorney • I • • • ORDINANCE NO. SERIES OF 1982-- • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 32 INTRODUCED BY AN ORDINANCE REPEALING SECTIONS 11-6-14, UNLAWFUL TO POSSESS BURGLAR TOOLS, 11-6-22, LOITERING PROHIBITED, 11-6-23, LOITERING NEAR SCHOOL PROHIBITED, 11 -6-24, UNLAWFUL CONGREGATION, 11-7-16, TAXICAB CRUISING, AND 11-8-11, ASSAULT OR INDECENT ACTS. WHEREAS, review of the offenses under the Englewood Municipal Code has indicated that some are duplicitous or no longer applicable, or are ~perseded by a state felony offense. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. 'lbat the following sections of the Englewood Municipal Code of 169 are hereby repealed: 11-6-14 11-6-22 11-6-23 11-6-24 11-7-16 11-8-11 Unlawful to Possess Burglar Tools Loitering Prohibited Loitering Near Schools Prohibited Unlawful Cong regation Taxicab Cruising Assault or Indecent Acts Introduced, read in full. and passed on fust reading on the ____ day of , 1982. Published as a Bill for an Ordinance on the ____ day of -------· 1982. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that th above is a true, correct and complete copy of a Bill for an Ordinance, introduced, read in full. and passed on fust reading on th ___ day of , 1982. • I • • • • • BY AUTHORITY ORDINANCE NO. -----SERIES OF 1982 INTRODUCED BY COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER _______ ~ A BILL FOR AN ORDINANCE REPEALING AND REENACTING THE ENGLEWOOD MUNICIPAL CODE WHEREAS, it is deemed necessary by the Englewood City Council to amend certain criminal offense ordinances to more precisely define the acts prohibited; NOW, THEREFORE, BE IT ORDAINE D BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, CO LORADO : Section 1. • ............. . 11-2-8: UNLAWFUL TO POSSESS OR CONSUME IN PUBUC; UNLAWFUL PURCHASE OR POSSESSION BY MINORS (a) It shall be unlawful for any per.ion to drink or have in his possession or under his control in any public place any intoxica- ing liquor in any container of any kind or description which is not sealed or on which the seal is broken. (b) It shall be unlawful for any per.ion under age eighteen (18) to purchase or have in his possession any intoxicating liquor of any kind in any manner whatsoever. (c) Th word •container" shall includ but not be limited to any decanter, bottle, · r, thermos bottl or j.Jg. (d) The word "seal• shall mean the regular and original tax seal applied by order of the United States Goverrn .'lt over the cap of e ch and every container of intoxicating beverag (e) ·Public Place• m aM ny place o n to the g neral public, either fr or by paym nt of an ntranc f , but shall not includ ny blishmen properly lie Med to sell nd dispense intoxic ting liquor. "Public plac • !hall includ , bu is not limited to, ny sld walk, str t. alley, parking lot. park, pool room fieldho dium, or ball park. • I • • • • • • fieldhouse, stadium, or ball park. (f) This section shall apply to possession or consumption of an intoxicating liquor in a vehicle, in areas of the vehicle acces- sible to the driver or passengers, when such vehicle is in a public place. 11-2-12 SOUCITATION OF DRINKS (a) It shall be unlawful for any person to frequent or loiter in cabaret or night club, with the purpose of soliciting any other person to purchase drinks. (b) It shall be unlawful for the proprietor or operator of any such establishment to knowingly allow the presence in such establishment of any person who violates the provisions of this Section. 11-4-1: UABILITY FOR CONDUCT OF ANOTHER, COMPUCITY A person is legally liable as pcincipal for the conduct of another constituting a criminal offense if, with the intent to promote or facilitate the commission of the offense, he aids, abets, or advises the other person in planning or committing the offense. 11-5-1 ASSAULT (a) An assault is an unlawful attempt coupled with an apparent present ability to commit a bodily inj.lry on the person of another. (b) It shall be unlawful for any person to commit an assault on on another person or intentionally place another in reasonable apprehension of receiving a battery. 11-5-2: BATI'ERY It shall be unlawful to knowingly or recklessly beat, strike, wound, imprison, or inflict any force or violence upon another person. 11-5-3: RECKLESSLY ENDANGERING ANOTHER PERSON It shall be unlawful for a person to recklessly engage in conduct which creates a sutstantial risk of rious bodily to another person. 11-6-1: DISORDERLY CONDUCT-QUARRELING; FIGHTING It shall be unlawful for any person to engage in disorderly conduct in the City of Englewood. A person commits disorderly conduct if he or she knowingly: (a) abuseS or threatens another person in a public plac in an obviously offensive maMer, or wher auch language or threats create a clear and present danger of violence. 2 • I • • - • • • • (b) makes a coarse and obviously offensive utterance, gesture, or display tends to incite a breach of the peace. (c) fights with another in a public place, except for professional or amateur contests of athletic skill. (d) makes unreasonable noise in a public place or near a private residence which he or she has no right to occupy. 11-6-3: DISTURBANCE OF THE PEACE It shall be unlawful for any person to disturb the peace of a neighborhood by violent, tumultuous, offensive or obstreperous conduct, or by loud or unusual noises, or by unseemly, profane, obscene, or offensive language, calculated to provoke a breach of the peace; or for any person to permit any 9.1ch conduct in any house or upon any premises owned or possessed by him or under his manage- ment or control. so that others in the neighborhood are or may be disturbed thereby. 11-6-6: HARASSMENT It shall be unlawful for a person, with purpose to harass, annoy or alarm another to: (a) strike, shove, kick or otherwise touch any person; or (b) in.sult, taunt or challenge another in a manner likely to provoke violent or disorderly response; or (c) make a telephone call. or cause a phone to ring repeatedly, without purpose of legitimate communication; or (d) make repeated communications anonymously, or otherwise, by telephone or at extremely inconvenient hours, or in offensively coarse language; or (el engage in any other course of harmful conduct which alarms or seriously annoys another person and which serves no legitimate purpose. 11-6-7: (a) It shall LOITERING unlawful to: (1) loiter for the purpose of begging; or (2) loiter in or about a school building or grounds, not having any reason or relationship involving custody of or responsi- bility for a pupil. or any other specific and legitimate reason for being there, and not having written permi!Bion from a school administrator; or 3 • I • • • • • • (3) loiter in a place, at a time, and in a manner not usual and appropriate for the place, or where circumstances warrant alarm or concern for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that such person takes flight upon appearance of a peace officer, refuses to identify himself, or manifestly endeavors to conceal himself, or conceal or dispose of any obj!ct. Unless flight by the person or other circumstance makes it impracticable, a peace officer shall. prior to any arrest for an offense under this section, afford such person an opportunity to dispel any alarm which would otherwise be warranted by requesting him to identify himself and explain his pr-esence and conduct. No person shall be convicted of an offense under this section if the peace officer did not comply with the pr-eceding sentence, or if it appears at trial that the explanation given by the person was true and, if believed by the peace officer at the time, would have dispelled the alarm. (4) loiter so as to interfere with the free and unobstructed use of a public way or place by other persor& (b) for purposes of this section, "loiter• means to be dilatory, to stand idly around, to linger, delay, or wander about, or to tarry in a public place. 11-6-10: POSSESSION OF ILLEGAL WEAPONS (a) It shall be unlawful for any person to possess an illegal weapon. (b) 1'.s used in this Section, •illegal weapon• means a blackjick, bomb, firearm silencer, gas gun, machine gun, short shotgun, short rifle, metallic knuckles, gravity knife, sw itchblade knife, nunchukas or thro wing stars. (c) It shall be an affirmative defense to this section that a person has a valid per mit and license pursuant to the federal code fo r such weapon, or that such person is a peace officer or member of the armed fore or National Gua rd acting in lawful di.9::harge of his du 11-6-ll: FORFEITURE OF WEA PONS In ev ry c w re a person is charged with a violation of this ch pter involving a w pons offense shall forfeit to the City such dang rous or W.egal we pon. 4 • I • - • 11-6-15: • • • RESISTANCE, INTERFERENCE WITH A POUCE OFF1CER OR F1REMAN (a) It shall be unlawful for any person to resist a peace officer, under color of official authority, from effecting the arrest of any person, by the use or threat of physical force or violence, or any other means which creates a sul:6tantial risk of physical injJry. (b) It shall be unlawful to knowingly obstruct or interfere with or hinder a peace officer or fireman in the discharge of his duties. 11-6-16: AIDING ESCAPE It shall be unlawful for any person to rescue, or to aid or abet, offer or endeavor to assist another person to escape from custody or confinement. 11-8-1: WRONGS TO CHILDREN It shall be unlawful for any person to knowingly, intentionally or negligently cause or permit a child to be placed in a situation that may endanger the child's life or health, or exposed to the inclemency of the weather, or abandoned, tortured, cruelly confined, or cruelly punished, or deprived of necessary food or shelter, where any injJry resulting to the child is less than serious bodily inj.lry. 5 I • • - ,. , ... • • ORDINAN CE NO. SERIES OF 198~2~~- • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO , ,20 INTROD~ BY COUN CIL MEMBE R r.LJ p ' ' I t AN ORDI NAN CE ADDING PARAGRAPH 22.1-8 TO THE COMPREHENSIVE ZONIN G ORDI NANC E TO CLARIFY THE EXEMPTION OF CITY OWNED OR OPERATED UTILIT I ES F ROM ITS REQUIREMENTS AND REGULATIONS. WHEREAS, the public necessity, health, welfare, and c o nve n ien c e demands that the City have the right to construct and ma i ntain necessary public utilities free from zoning r estrictio ns. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Section 22.1-8 be added to the Comprehensive Zoning Ordinance as follows: 22.1-8 APPLICABILITY OF REGULATIONS. The regulations, requirements , limitations and provisions of this Ordinance shall not apply to public utilities owned and/or operated by the City of Englewood. However, this does not relieve from the duty to obtain bui lding permits those contractors who build or assist i n building any City-owned or operated utility, I n t rod u c ed, read in ful l and passed on first reading on the /tr. day of '"') J cl-1 1 982. Publis h ed as a Bill for a n Ord i nance on the .J 'day of I 1 9 82. Eugene L. Otis, Mayor Attest: ex o • I • • -• • • ... ' .. -•· I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the ;'7t ,1 day of }J UL 19 82 . Gary R. Bigbee I • • - • • • • r------------------------------------------, I I I I C O U N C I L C O M M U N I C A T I O N DATE May 11, 1982 AGENDA ITEM SUBJECT iA INITIATED BY City Manager RESOLUTION CONCERNING TITLE II FUNDS ACT I ON PROPOSED Adopt resoiution appropriating $18,500 balance to the Engineer- ing Services Department. BACKGROUND On March 12, 1979, the Council passed Resolution No. 12, Series of 1979, appro- priating $66,307 of Title II Funds to various City departments. These funds were to be used to generate employment and can only be used to hire personnel. Since these funds were not fully spent, Resolution No. 31 of 1980 was passed in July of 1980 appropriating $33,673 of the funds remaining to Engineering Services and to co-unity Development. Resolution No. 40 of 1981 appropriated $7,000 to Finance Department and $16,727 to the Department of Engineering Services. CURRENT STATUS As of December 31, 1981, approximately $18,500 remains unspent. The Department of Engineering Services has requested the balance of this fund to continue a drafting program already under way and to hire a t811Q?Orary engineering h lper to aid in th various PIF proj ects in which they are involved. RECOMMENDATION Appropriate the remaining $18,500 of Title II Funds to the Engineering Services Department s follows: RAlC/ldo Draftsperson Engineering Helper $14,900 3,600 $18,500 I • • - • .:i J, RESOLl1I'ION NO. J ..., SERIES OF 1982 • • • A RES0Ll1I'ICN .!\MENDING THE 1982 GENERAL FUND BUDGET. WHEREAS, the City Council of the City of Englewood, Colorado, has adopted a 1982 General Fund Budget: and WHEREAS, the City of Englewood has unexpended funds from the Local Public Works Act (Title II Antirecession Fiscal Assistance Program); and WHEREAS, these funds may be used for hiring additional personnel for existing programs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Englewood, Colorado, as follows: Section l. The following appropriations and estimated revenues are hereby made in the General Fund: Section 2. Fund. Section 3. Source of Funds Title II grant Appropriation of Funds Engineering Services Total $ 18,500 $18,500 $ 18,500 The following appropriations are hereby made in the Title II Appropri ation of Funds General Fund (Engineering Services) $18,500 The City Manger and Director of Finance are hereby authoriz d to make the above changes to the 1982 Budget of the City ot Englewood. AIXPTED AND APPROVED thia __ day ot ------·' 1982. Mayor ATTEST: x officio City Clerk-Treasurer I, Gary R. Higbe , ex officio City Clerk-Treasurer tor the City of Engl ood, Color do, do hereby certify that the above and foregoing ia a tru, ccurate and coaplete copy of Resolution No. , Seri•• ot 1982, paaaed by the nglewood City council on th __ day o-t---, 1982. Cary R. Higbee • I • • n - • • • • C O U N C I L C O M M U N I C A T I O N DATE May 12, 1982 AGENDA ITEM SUBJECT BELLE VIEW PARK PUMP STATION Rb INITIATED BY ----'-A""n"'"dy~Mc=Co"""w:.:..:n..._, __.,.C"""i _...ty.._...,Ma,.,n.,_.a...,g.,._er.__ ___________ _ AC TI ON PRO PO SED __ ....1A:u:wl.l!ai:rd,,.__.t"-!h,._e __.8<.>ie..1.Jl.ueil'.Y..i;i eli.lw1-.!..P.l!Jaru:k>....!.,;Pymll!!ll<p'-S~ti..11au.t..!..!i 0,£.!.n.l_!...Prwo.wi.s.ei..:Ct1:._. ____ _ INTRODUCTION The City of Englewood retained the firm of Wright Mclaughlin to design ·a new pump station for Belleview Park. This pt.111p station will be located west of the existing station and within the fenced area of the backwash pond. Attached are two memorandums with the history of the irrigation system for the park. FI NAN CI AL DETAILS Bids were opened on the Belleview Park Pt.111p Station on May 11, 1982. Six (6) bidders submitted bids. William Moran Construction Inc. was low bidder with the amount of $67,000.00. The engi neer's estimate is $67,460.00. Other bids were : Constractors Name Northern Contracting Cl mons Construction Western Empire Wh atland Industries HBN Construction Bid Amount $71,477.00 74,220.00 80,880.00 88,935.00 94,452.00 Cos of materials to install the new four (4) inch line and con trol wire s by th Pars Department is $4,000.00. The budget for the project is $85,000.00. Th d sign and inspection costs for this project will be $6,2 00.00, therefore r 1ns $74, 0.00 availabl for construction. • I . • ~- • • • • • Engineering Four (4) inch PVC Pipe William Moran Construction Inc. Contingency CONCLUSION AND REC0"'1ENDATION $ 6,200.00 4,000.00 67,000.00 7,800.00 $85,000.00 William Moran Construction Inc. built the golf course cart/pedestrian bridge across the South Platte River for the City of Englewood last year. This firm was very cooperative and did a good job. The rec011111endation is to award the Belleview Park P1111p Station to William Moran Construction Inc. in the amount of $67,000.00 and have the Parks Department install the new irrigation line to Belleview #1 • I • • ·•~ • TO : FROM : DATE: SUBJECT: • • - M E M O R A N D U M Gary IL Diede -Director of Engineering Services Packy Romans -Director of Parks and Recreation Gary L. Mandarich -Civil Engineer Leon Kuhn, Asst. Direct?r of Parks February 5, 1982 Belleview Park Irrigation Pump Station Belleview Park consists 01' three (3) activity areas; the ballfield-tennis court section (Belleview 1), the train-park section (Belleview 2), and the wilderness-nature section (Belle- view 3). Each one of these areas are watered by separate press u re pump(s) and/or treated water. Belleview 1 uses two (2) low capacity wells and supplemental treated water from a city tap. Belleview 2 and 3 use backwash water from the Allen Trea tment Plant . The intake and pump types and arrangement for Belleview 2 and 3 is not adequate to provide reliable irrigation water. The i nl:ikc a s not e d in Lile memo dn ted June 29, 198), (attached), i s c onstantly clogging and needs replacement. 'l'he ,.ew intake s hould be constructed with an air backwash cleanin~ system. The present centrifical pumps are mounted above the water level, theref ore, requ i ring foot valves and priming. Since the con- s truction of this pumping facility, the City has replaced/rebuilt 5 p umps and 6 mot o rs at a cost of approximately $5,000.00. The mai n reasons lh motors and/or pumps have been replaced is the J.nLn l I oo l vn l v o ha s uocn cloi:i:od wit.h debris, causing tho p u mps Lo loo e t.hei r prime, run dry and burn out. The prop r t.ype of p ump s !or I.h is arrangement would be vertical turbines mou n ted on a c o nc r e t e wet well wi t h a low water sensing probe. The two (2) wells for Belleview 1 are located adjacent to Big Dry Cr eek . Thes wells are approximately 16 feet deep. When constructed in 1966 , each produced approximat ly 50 gallon per minut . Snee the n , an addi t ional treated water line ha s been add e d t o suppleme n t the wells . The approximate cost o f treate d wa ter is $2,000 .00 annually . The wells collect large amounts of sa nd whi ch ha s damaged the pumps . Two pumps have b en rebui lt and o n er placed at a cot ol $6,500 .00. Ther ia pre ntly $35,000 budgeted for ne turbin pumps or B llev i w 2 and 3 . To prop rly irrigate th entir park, w r ecomm nd tha t a n ew intak , c oncrete we t well, and pump • I • • • • • • Memorandum Belleview Park Ir~ation Pump Station Page -2- station be constructed adjacent to the backwash pond. This station will have three (3) vertical turbine pumps with twice the capacity of the present pump stations. The watering of the park is now taking eleven (11) hours which closes the use of the park in many cases. The third pump would be connected to Belleview l which would eliminate the use of treated water for irrigation. The proposed installation would take approxi- mately five (5) months to design and construct. The total capital cost of this system is estimated at $85,000. We be- lieve that this combined pump facility would reduce replacement costs for pumps and motors, numerous aanbours required for maintenance, as well as making the park more accessible for publi~ use. ~,j~. ( . / ltvJ ·t{( ary.na 1c; "£' eo uhn, === Asst. Director of Parks & Recreation I • • - • • • • M E M O R A N D U M TO: FROM: DATE: SUUJl:CT: Packy Romans -Director, Parks & Recreation Gary Mandarich June 29, 1981 DELLEY !EW PAKK !IUUGATION PUMP STATION Last week, Parks Department reconstructed/modified the intake for the Belleview irrigation pump station. This pump station is located in the southeast corner of the backwash water reservoir for the Allen Treatment Plant. The lake was JUlped down approx1•tely 4 feet and a 6 inch PVC perforated line was installed perpendicular into the side of the existing 18 inch vertica·1 CMP and covered with washed rock. This installation is only temporary and will clog, over a period of a few years, depending on the algae growth and debris (twigs, leaves). I suggest that a pennanent intake with a cleaning or 1nafotenancc type screen be built. Should there be any questions or assistance that I IJIIY provide, please ~~.-1-J Gary;Qndarich Civit>'£ng1 neer GM:mh cc : Gary Diede -Dir. Engineering Services ... • I . • • • • C O U N C I L C O M M U N I C A T I O N DATE May 12, 1982 AGENDA ITEM SUBJECT MC lEllAN RESERVOIR AND 1--------------'~~9----~,==:-__ -1... ____ ~EN_G_lE_woo_D~GO_l_F_c_o_uR_s_E_F_E_NC_I_N_G~ .. INITIATED BY ~---A~n~d~y~Mc..;.;;.;:C.::.ow;.;.;n~,"---C=-i;.;;tLy~Ma.;;:.:.;.na~g~e~r---------~~~- AC T I ON PRO PO SED ___ A_w_a_r_d _t_he-'---Mc....;;.;;;l.;.e 1'-1...;;;a....;.n ....;.R.;.;;;e.;.se.;.r.....;v~o""'i r;.....;:;a:;.;.nd;:;...:E:..:n..._g 1;.;;ewo=o::.::d:......::.Go=-1:..:f_..::;Co::.::u:..:..r.::.s e=--- F enc in g Project. INTRODUCTION Fen ci ng i s needed to enclose the north and east side of Mclellan Reservoir along with the south and east side of Englewood Golf Course. In both cases the acc ess can be readily obtained from the adjacent land, since there is cur rently no fence. The parcel north of Mclellan is being developed by The Writer Corporation and the property line east of the Golf Course is not f enc ed , wh i ch allows tres pa s sing and possible vandalism. Mclellan Res ervo i r is a t erminal potable water supply . A fence must be installed to s a feg ua rd the water quality . An eight (8) foot vinyl coated chain link fence is propose d along the nor t h property line. A four (4 ) foot high temporary barbed wire fen ce i s proposed al ong the east s i de of Writer's property. As this pa r ce l develo pes, i t is t he i ntent i on of t he City to install a vinyl coated chain link fence along the west si de of the property adjacent to Mclellan. Industrial property borders the east side of the Golf Course. A fe nce is required to establish property lines and prohibit access to equipment and storage yards. A six (6) foot high 9alvanized chain link fence with a barbed wire top is proposed. A four (4) foot decorative wood post and galvanized chain link fence is proposed along West Oxford Avenue. The fence will improve the visual qualities of the Golf Course plus keep motorized traffic from entering the course. Gates will be installed at the main entrance and at th service road . The two projects both needing similar fencing makes ft a practical situation to build both at this time. Along with the ad vantages of being able to coordin ate construction, a lower unit price can be obtai ned when the two are bid together. • I . • - • • • • FINANCIAL DETAILS On May 11, 1982 bids were opened on these projects. Seven (7) contractors submitted bids. The low bidder for the Mclellan Reservoir Fencing is American Colorado Fence Company with a bid of $50,262.00. The low bidder for the Englewood Golf Course is life Time Fence Company with a low bid of $37,755.00. A bid sunmary for each project is attached . There is presently $80,000.00 budgeted in the Water Fund for the Mclellan Reservoir Fencing project. There is $52,575.00 available from the Golf Course Fund for the fencing project. CONCLUSION AND RECOf+IENDATION We have investigated work done by both of these companies. Each firm has been found to perform good and reliable work. The recOl'llllendation is to award the Mclellan Reservoir Fencing to American Colorado Fence Company utilizing the eight (8) foot coated fence for the amount of $50,262.00. Also the reconmendation is to award the Englewood Golf Course Fencing to Life Time Fence Company with a fabricated steel gate for the main entrance and a single gate with coated chain link for the entrance road for the total amount of $37,755.00 • I • • • IE~!£.~~; &COL01-·-) -=:-.~ j 1-·--·1-~-· I-Un<-·-;:-·-8'1"DlDCS. PDICS CX> STMDriUD FDCI CO . PUDLD SUPPLY C'O. CO. , lNSTALLATION Goff C$:uae Fencing :s BoNo " BONO " --•-• ---BONO " BOND " BO ND " BOND co.:, INC. BIDS RECEIVE D ITEMS DE SCRIPTION UNIT APPROX, UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UN IT AMOUNT 'UNIT AMOUNT UNIT AMOUNT pi~~r.c AMOUNT ONIT AMOUNT QUANITY PRICE PR'"" PRICE PRICE PRI"" PRICE PRICE --·· 1 .. -··---·-,,_ . -. , ... ... -... ·--. -.. ----·---• n< .. ... .. ... . ... --.... u .,, "' 1n •• • Hf_nn ,n . 75 46 762 .50 10 .u 45 414 .00 .. -~ --. -. ... -. ·--,n .... -u '--· -·-. ---· --.. ' "" •n ,n .. _.,, , ... nn , . ... -- . • . -...--L.r. • no ,.so 1 JU .00 .... ,. ,,2.00 1.ll s u ,.-QI' .. . -·---.. • ·-nn " • ••• ,n .. .... 00 .. , ·-.. ·-·· .. , ·--•• .•• nn .. --·-e.o& •n "" •• •• nn 5 5 ,~., 'lt'I « " <n ..... -- -. ·~ .. -------.. -., ---11 .02 n ,n ....... .. .... ]72 .00 11.40 49 .590 .00 1 2.29 SJ,461.SO U .9 5 56 3l2.SO ll.09 56 941 .SO ,,. , .. • • ·---·--I .,.. 2 ... TOTAL AM OUNT OF BID Ut,U S .00 '50,262 .00 Ul,JM .90 '53 ,129.90 $55,)86.00 $60, 7S4 .80 $61,094. so $64 ,138.20 - • • • - I • • • • • C O U N C I L C O M M U N I C A T I O N DATE May 11, 1982 AGENDA ITEM SUBJECT GOLF COURSE TURN LANE S 94., ACT I ON PROPOSED Award of contract for t h e construction of the West Ox ford Avenue Golf Course Turn Lanes BACKGROUND With the approval of the construction of the golf course clubhouse, the City of Sheridan required that we build a main entrance to the clubhouse including accel- eration and deceleration lanes and a left-turn pocket. Th e clubhouse facility s hould be completed by late June and we e xpect to h a ve the Ox ford improvements c ompleted then also. FINANCIAL The 1981 budget for the golf course clubhouse was $1,04 7,000. With the favorable b i d s received on the clubhouse building and the oxford turn lanes, the enti re p ro j e c t c an be completed within that budget . Below is a breakdown of the e s timated costs i n July, 1981 and the pr sent esti mate: Building , parking, kitchen equipment Furnishings Landscaping and irrig ton Telephone syst Utility fees (sewer, water, gas, electric) Testing Oxford turn lanes Design fe and exp nses Contingency Sh ridan PUD and plan review fees Burglar alarm ayate11 Est. Julx1 1981 s 677 ,584 71 ,000 50 ,000 10,000 10,000 10,000 4 7,000 90,000 81 141 6 $1 ,0 4 7 ,000 • te, A portion of furni1hin91 are in t h e bid for the b u ildi ng • • Pr0esent Eat. $ 725,000 4 0,000* 50,000 10,000 15,000 10,000 46,566 100 ,000 4 3 ,261 3,173 4 1000 $1 ,04 7 ,000 I • • - • • • • • -2- The remaining contingency of $43,261 should be sufficient for completing the club- house and the Oxford turn lanes. RECOMMENDATION Six bids were received, as follows: Brannan Sand & Gravel Asphalt Paving Co. Seigrist Construction RXS Industries Peter Kiewit Sons' Co. BitUllli.nous Roadways of Colorado Engineer's Estimate $71,069.50 68,697.50 67,911.00 58,219.20 52,215.50 46,566.34 $72,905.40 We recommend that the contract for this project be awarded to the low bidder, Bituminous Roadways of Colorado,in the amount of $46,566.34. Bituminous Roadways of Colorado is an established firm and is located in the inunediate area of the project. We have verified their references and they appear to be well-qualified to handle this project. RAX/ldo I • • In -• • • r-----------------------------------, I I • C O U N C I L C O M M U N I C A T I O N DATE AGENDA ITEM SUBJECT May 13, 1982 ~ A-New Official Seal for the City. INITIATED BY Department of Co,-,,n1tx DeveloAPCot ACTION PROPOSED~~~c~o~ns ..... 1~due~rJaut~i~o~n ...... o~f_..a ....... o~e.w_.w.o.f.f~1,_1~a~1...__s~e~a~J1.....Jf~o~r......it~hue.....i.r~1~tJYJ·~~~~~ INTRODUCTION AND BACKGROUND. The question of the use of the City Mark by Englewood organizations in order to identify their members as being from Englewood, was raised last March. In presenting the issue to the City Council, the staff addressed the use of the Mark as the official City Seal, and pointed out the in- adequacy of the design for that use. The present official City Seal is very difficult to see when it is applied to an official document, and it is impossible to see the seal on a copy of a sealed document. For these reasons, the staff suggested that consideration be given to the adoption of a new official City Seal. The staff was then asked to submit a proposed design for the City Council's review. In checking with engraving companies, the staff has found that there ar several basic designs on blanks which are used for most seals. This basic design, including any lettering, can be obtained for about $25. If an original design is incorporated in the seal, it would cost an additional $50 or so for engraving. If a completely original design w re to be u d, it would be an extra expense depending on the detail in th design; but in any event, it would cost considerably more. RECOMMENDATION: Aft r having consider d the basic designs that are available, the staff would r coanend that the official City Seal b in th following form: • I • • - • • • • • The staff would like to recoaaend, also, that in addition to the embossing tool, a rubber stamp of the seal be .purchased to use in those instances in which the embosser is not practical. This seal would incorporate one of the basic designs, so it should cost less than $100 to have the embosser made. A rubber stamp should not be an excessive additional cost. SUGGESTED ACTIC*: ltJVED IY ___________ _ SECOND ____________ ~ YES ____ -P'"------'ABSENT __________________ _ • I • •