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HomeMy WebLinkAbout1982-07-19 (Regular) Meeting Agenda• • - ·-City Council Meeting -Regular July 19, 1982 • • - • CITY COUNCIL MEETING JuJ.y 19, 1982 RES0Ll1l'ICl-l # 34, 35, 36, 37 ORDINANCE# 31, 32 , 33, 34, 35 • • • 0 0 I . • • • • • COUNCIL CHAMBERS City of Englewood, Colorado July 19, 1982 \ C)J REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 19, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by The Reverend George I. Welch, Saint George's Episcopal Church, 3600 South Clarkson Street. The pledge of allegiance was led by Boy Scout Troops No. 115 and 154. 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. * * * * * * Also present were: City Manager Mccown Assistant City Manager Vargas City Attorney DeWitt Director of Wastewater Treatment Owen Director of Engineering Services Diede Deputy City Clerk Watkins • • • • * • Council Member Bradshaw noted an addition to the minutes of July 28, 1982. On page 7, second line, add after •structures• - •on west side of channel•. COUNCIL MEMBER NEAL MOVED TO APPROVE SPECIAL MEETING OF JUNE 28, 1982, AS AMENDED. shaw second d the motion. Upon a call of the resulted as follows: THE MINUTES OF THE Council Member Brad - roll, the vote Ayes: Council Memb rs N al, Fitzpatrick, Weist, Bilo, Bradshaw, Oti • • I • • - • • July 19, 1982 Page 2 Nays: Abstain: • • • None. Council Member Higday. The Mayor declared the motion carried. * * * * * * Council Member Bradshaw noted a correction to the minutes of July 6, 1982. On page 8, the proper spelling of the council member from Sheridan is •crookham•. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 6, 1982, AS AMENDED. Council Member Bradshaw 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 BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JULY 12, 1982. Council Member Neal sec - onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member s Higday, Neal, F i tzpat ric k, Wei s t, Brad s haw, Ot is . Na y s : Non e . Ab s t ain: Council Member Bilo. The Mayor declared the motion carried . * * * * * * There were no pre-scheduled visito r s. * * * * * * The r e were no other visitors . * * * * • * • I • • - • July 19, 1982 Page 3 • • • COUNCIL MEMBER FITZPATRICK MOVED TO OPEN THE PUBLIC HEAR- ING FOR CITIZENS INPUT RELATING TO GENERAL REVENUE SHARING FUNDS. 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. City Manager Mccown stated it has been the practice to place general revenue sharing funds in the Public Improvement Fund. Last year the funds were used in the General Fund and a like amount was transferred to the Public Improvement Fund. Mr. McCown stated the purpose of this hearing was to receive citizen input for the use of the general revenue sharing funds. Mayor Otis asked for comments from the audience. No one responded. COUNCIL MEMBER NEAL MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Counc i l Members Higday, Nea l , Fitzpatrick, We is t, Bi lo, Brad s haw, Ot i s. None. Th e May o r decla r ed t h e motion ca rr ie d. * * * * * * COU NCIL MEMBER NE AL MOVED TO OPE N THE PUBLIC HEARI NG FOR CITIZENS INPUT RELATI NG TO THE 1983 OPERATING BUDGET . Council Mem- ber Bradsh aw seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Nays: Council Members H1gday, Neal, Fitz p atrick, Weist , Bilo , Bradshaw , Otis . Non • The Mayor declared he motion carried. City Manager Mcco wn stat d staff ls putting tog the r t h e budget for 1983 which will be submitted o Council in Septemb er . Mr. Mcco wn stated thi haring i not required but i co n duct d for • I • • - • • • • • July 19, 1982 Page 4 the purpose of receiving input from citizens so their ideas can be considered during the budget preparation. Mayor Otis asked for comments from the audience. Jan Andress, Director of Town of Littleton Cares-Meals on Wheels, appeared before Council. Ms. Andress stated her agency is a non-federal, non-state supported program that helps senior citi- zens in Englewood and Littleton by serving them one hot meal a day Monday through Fridays. Ms. Andress requested Council's consi- deration of $2,500 in the 1983 budget to financially assist her agency. In response to questions from Council, Ms. Andress stated the program serves more senior citizens in Englewood than Little- ton. She stated for the first six months of 1982, she has served 3,825 meals to approximately 50 senior citizens in Englewood. She further stated the program asks $2.00 a day from recipients six of wh ich can not afford to pay at all. Council Member Bradshaw asked Ms. Andres s to prov ide her request in writing so Council will have document ation . There were no other requests. COU NC IL MEMBER HIGD AY MOVED TO CLOSE THE PUBLI C HEARING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: were: Ayes: Nays: Council Member s Higday, Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • •communications -No Action Recommended• on the agenda (a) Minutes of the Urban Renewal Authority meeting of June 2, 1982. (b) Minutes of the Board of Adjustment and Appeals meeting of Jun 9, 1982. (c) Minutes of th Planning and Zoning Commission meetings of June 15 and 29, 1982. • I • • • July 19, 1982 Page 5 (d) • • • Minutes of the Liquor License Authority meeting of June 23, 1982. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT "COMMUNICA- TIONS -NO ACTION RECOMMENDED" AGENDA ITEMS 5(A) -(D). Council Member Bradshaw 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 NEAL MOVED TO BRING FORWARD AGENDA ITEM 8(A) CONCERNING THE SEALCOAT PROGRAM 1982. Council Member Brad- shaw 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. Director Diede presented a Council Communication from the City Manager concerning the award of construction contract for the Sealcoat Program 1982. Mr. Diede stated three bids were received and the lowest bid wa s from Gil-Son Paving Company in the amount of $85 ,022.65. Mr. Diede proposed combining the funds left over from this bid award and the monies left over from omitting Section B from Paving District No. 28 and work on additional blocks. Mr. Diede stated the combination of monies would amoun to $95,801.58 and would allow for approximately 15 more blocks to be overlayed or chip sealed. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE BID FOR THE SEALCOAT PROGRAM 1982 TO GIL-SON PAVING COMPANY IN THE AMOUNT OF $85,022.65; AND THAT THE REMAINING MONIES IN THE AMOUNT OF $95,801.58 BE USED TO DO AS MANY ADDITIONAL STREETS AS THE CITY CAN DO IN OVERLAY OR CHIP SEAL. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick , Weist, Bilo, Bradshaw, Otis • • I • • - • • July 19, 1982 Page 6 Nays: None. • • • The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER NEAL MOVED TO BRING FORWARD AGENDA ITEM 8(8) CONCERNING AWARD FOR A CONTRACT RELOCATING LIQUID OXYGEN STORAGE TANK. Council Member Bradshaw 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. Director of Wastewater Treatment Bill Owen came forward and presented a Council Communication from himself requesting ap- proval and award of a contract for construction work associated with relocating liquid oxygen storage tank to G. W. Starbuck Com- pany. Director Owen stated two bids were received, the lowest one from G. w. Starbuck Company for an amount of $24,367.00. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE CONTRACT FOR CONSTRUCTION WORK ASSOCIATED WITH RELOCATING LIQUID OXYGEN STORAGE TANK TOG. W. STARBUCK COMPANY IN THE AMOUNT OF $24,367.00. Coun- cil Member Bilo seconded the motion. Upon a call of the rol l , the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor decl ared th motion carried. * * * * BY AUTHORITY ORDINANCE NO. SERIES OF 1982------ A BILL FOR * * COU NCIL BILL NO. 31 INTRODUCED BY COU NC IL MEMBER BRADSHAW • I • • July 19, 1982 Page 7 • • • AN ORDINANCE REPEALING AND REENACTING PORTIONS OF TITLE XI OF THE ENGLEWOOD MUNICIPAL CODE OF '69 TO MORE PRECISELY DEFINE ACTS PROHIBITED IN CERTAIN CRIMINAL OFFENSE ORDINANCES. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 31, SERIES OF 1982, ON FIRST READING. Council Member Fitzpatrick sec- onded 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. ORDINANCE NO. SERIES OF 1982 * * * * BY AUTHORITY A BILL FOR * * COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE REPEALING SECTIONS 11-6-14, UNLAWFUL TO POSSESS BURGLAR TOOLS, 11-6-22, LOITERING PROHIBITED, 11-6-23 , LOITER- ING NEAR SCHOOL PROHIBITED, 11-6-24, UNLAWFUL CONGREGATION, 11-7-16 , TAXICAB CRUISING, AND 11-8-11, ASSAULT OR INDECENT ACT S. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 32, SERIES OF 1982, ON FIRST READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Brad s haw, Ot i s. None. The Mayor declared the motion carried. Council Member Neal express d appreciation for Council Member Bradshaw's and City Attorney Dewitt's efforts in going to the work required in preparing Council Bills No. 31 and 32. * * * * • • I • • - July 19, 1982 Page 8 • • • City Attorney DeWitt stated Council Bill No. 37 was not the normal course of action to take in the matter of entering into a contract with Owen Engineering and Management Consultants. Mr. DeWitt stated the proper action would be by motion. COUNCIL MEMBER BRADSHAW MOVED TO TABLE THE WHOLE ISSUE UNTIL THE FIRST MEETING IN AUGUST. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Aye s: Nays: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw. Council Members Higday, Otis. The Mayor declared the motion carried. City Attorney DeW i tt s tated he wou l d br i ng the matter back in motion form. * * * * * * City Attorney DeW i tt discussed a counc i l bill concerning the parking lot lease. Mr. DeWitt suggested tabling the matter. City Attorney DeWitt stated recent information necessitates the need for further evaluation. Council Member Neal stated there was nothing he wanted to do to prevent Cinderella City from becoming more successful and was will i ng to cooperate in working with them in allowing parking at Cinderella City . Mr. Neal requested th a t within the n ext 3 0 day s Co un ci l have an o pportun i ty to talk wi th or have some writte n r es pon se fr om Ci nder e ll a Ci ty i n regard to the rumors about King Soo p e r s le a v ing t h e City. Mr. Neal state d thi s mat t er i s o f in- te n se inte r est to the majority of t he cit izen s i n th e Ci ty a nd Council should solicit Cinderella City 's and Kravco 's remarks in regards to King Soopers. Council Member Fitzpatrick stated other stipulations as to changes in what areas of the parking lot would be increased in lease longevity is of concern as well . COUNCIL MEMBER FITZ PAT RICK MOVED TO TABLE . Council Me mb er Bilo seconded the motion. Upon a call of the roll , the vote resul d as follo ws: Ay a: Nays : Council Memb rs Hi g day , N al, Fitz p atrick , W ist , Bilo, Bradsha w, Otis . None. • I • • • • • July 19, 1982 Page 9 The Mayor declared the motion carried • • • • • • • City Attorney DeWitt informed Council his office has com- pleted the transaction on 3441 South Bannock. Copies of documents will be forwarded to Council. Arrangements are being made for the elderly occupant of the property to remain until her affairs are straightened out and she can move into other housing • • • • • • • City Attorney DeWitt informed Council his office has com- pleted the process of exchanging property at McLellan Reservoir • • • • • • • COUNCIL MEMBER FITZPATRICK MOVED TO SET A SPECIAL MEETING ON JULY 26, 1982, AT 7:30 P.M. FOR THE PURPOSE OF RECEIVING FROM PLANNING AND ZONING THE URBAN RENEWAL PLAN. Council Member Brad - shaw seconded the motion. Upon a call of the roll, the vote resulted as follows: July 26. Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council decided to have a study session at 5:00 p.m. on • • • • • * Assistant City Manager Vargas presented a Council Communi - cation from the Parks and Recreation Department requesting approval to install a banner over South Broadway announcing th production of •sawdust in My Shoes• on August 5 -7. Mr. Vargas stated it has been discovered the poles on which the banners are normally hung are in poor condition and possibly could not hold the weight any more. The Public Service Compoany suggested an alternate location where the poles are of steel. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE INSTALLATION OF THE BA NNER ON JULY 28 AND MAINTAINED THROUGH AUGUST 7 ON THE AL- TERNATE LOCATION ON THE STEEL POLES. Council Member Fitzpatrick econded the motion. Upon a call of the roll, th vote resulted as follows: I • • _n - • July 19, 1982 Page 10 'Ayes: Nays: • • • Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Council decided to meet with Mr. Gasson and Mr. Kaufman and then go into executive session following this meeting. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO REOPEN THE PUBLIC HEAR- ING ON THE 1983 OPERATING BUDGET. Council Member Higday 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. Harry Fleenor, 3383 South Corona, appeared before Council. Mr. Fleenor stated since his appointment to the Court 'Advisory Com - mittee, he has been studying the budget. Mr. Fleenor suggested adding another section to each summary page which would be assigned as "contingency•. This section would be for surplus monies. Mr. F leenor proposed implementing this idea in the jud iciary depart - ment and to review its effectiveness after one year. There were no further comments. COUNCIL MEMBER NEAL MOVED TO CLOSE THE HEARING. Council 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. * • * * * * I • • - • July 19, 1982 Page 11 • • • There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:33 p.m • I • • ~- • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado July 19, 1982 \ (Y The City Council of the City of Englewood, Arapahoe County, C0lorado, met in regular session on July 19, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by The Reverend George I. Welch, Saint George's Episcopal Church, 3600 South Clarkson Street. The pledge of allegiance was led by Boy Scout Troops No. 115 and 154. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Nea l , Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent: None. Mayor Otis declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Vargas City Attorney DeWitt Director of Wastewater Treatment Owen Director of Engineering Services Diede Deputy City Clerk Watkins * * • * * * Council Member Bradshaw noted an addition to the minutes of July 28, 1982. On page 7, second line, add after •structures• - •on west side of channel•. COUNCIL MEMBER NEAL MOVED TO APPROVE SPECIAL MEETING OF JUNE 28, 1982, AS AMENDED. shaw seconded the motion. Upon a call of the resulted as follows: THE MINUTES OF THE Council Member Brad- roll, the vote Ay s: Council M mb rs Neal, Fitzpatrick, Weist, Silo, Br dahaw, Otis • • I • • • • • • July 19, 1982 Page 2 Nays: None. Abstain: Council Member Higday. The Mayor declared the motion carried. * * * * * * Council Member Bradshaw noted a correction to the minutes of July 6, 1982. On page 8, the proper spelling of the council member from Sheridan is •crookham•. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 6, 1982, AS AMENDED. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bile, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JULY 12, 1982. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Higday, Neal, Fitzpatrick, Wei st, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried. * * * * * * There were no pre-scheduled visitors. * * * * * * There wer no other visitors. * * * * * * • I • • - July 19, 1982 Page 3 • • • COUNCIL MEMBER FITZPATRICK MOVED TO OPEN THE PUBLIC HEAR- ING FOR CITIZENS INPUT RELATING TO GENERAL REVENUE SHARING FU NDS. 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. City Manager Mccown stated it has been the practice to place general revenue sharing funds in the Public Improvement Fund. Last year the funds were used in the General Fund and a like amount was transferred to the Public Improvement Fund. Mr. Mccown stated the purpose of this hearing was to receive citizen input for the use of the general revenue sharing funds. Mayor Otis asked for comments from the audience. No one responded. COUNCIL MEMBER NEAL MOVED TO CLOSE THE PUBLI C HEARING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Hig day, Neal, Fitzpatrick, We ist , Bilo, Bradshaw, Ot is. None. The Mayor declared the motion carried . * * * * * * COUNCIL MEMBER NEAL MOVED TO OPEN THE PUBLIC HEARING FOR CITIZENS INPUT RELATING TO THE 1983 OPERATING BUDGET. Council Mem - ber Bradshaw 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 . City Manager Mccown stated staff is putting together the budget for 1983 which will be submitted to Council in S pt mber. Mr. Mccown stat d this hearing is not requir d but is conducted for I • • • • • • July 19, 1982 Page 4 the purpose of receiving input from citizens so their ideas can be considered during the budget preparation. Mayor Otis asked for comments from the audience. Jan Andress, Director of Town of Littleton Cares-Meals on Wheels, appeared before Council. Ms. Andress stated her agency is a non-federal, non-state supported program that helps senior citi - zens in Englewood and Littleton by serving them one hot meal a day Monday through Fridays. Ms. Andress requested Council's consi- deration of $2,500 in the 1983 budget to financially assist her agency. In response to questions from Council, Ms. Andress stated the program serves more senior citizens in Englewood than Little- ton. She stated for the first six months of 1982, she has served 3,825 meals to approximately 50 senior citizens in Englewood. She further stated the program asks $2.00 a day from recipients six of which can not afford to pay at all. Council Member Bradshaw asked Ms. Andress to provide her request in writing so Council will have documentation. There were no other requests. COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: were: Ayes: Nays: Council Member s Higday, Neal, Fitzpatrick, We ist , Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • •communications -No Action Recommended• on the ag nda (a) Minutes of th Urban Renewal Authority meeting of June 2, 1982. (b) Minutes of the Board of Adjustment and Appeals meeting of Jun 9, 1982. (C) Minutes of th Planning and Zoning Commis ion meetings of June 15 and 29, 1982 • I • • July 19, 1982 Page 5 (d) • • • Minutes of the Liquor License Authority meeting of June 23, 1982. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT "COMMUNICA- TIONS -NO ACTION RECOMMENDED" AGENDA ITEMS S(A) -(D). Council Member Bradshaw 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 NEAL MOVED TO BRING FORWARD AGENDA ITEM 8(A) CONCERNING THE SEALCOAT PROGRAM 1982. Council Member Brad- shaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Counc i l Members Higday, Neal, F i tzpatrick, Wei st , Bilo, Bradshaw, Otis. Non e . The Mayor de cl ared the motion carried. Director Diede presented a Council Communication from the City Manager concerning the award of construction co ntract for the Sealcoat Program 1982 . Mr. Diede stated th ree bids were received and the lowest bid was from Gil-Son Pav ing Company in the amount of $85,022.65. Mr. Diede proposed combining the funds left over from this bid award and the monies left over from omitting Section B from Paving District No. 28 and work on additional blocks. Mr. Diede stated the combination of monies would amount to $95,801.58 and would allow for approximately 15 more blocks to be overlayed or chip sealed. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE BID FOR THE SEALCOAT PROGRAM 1982 TO GIL-SON PAVING COMPANY IN THE AMOUNT OF $85,022.65; AND THAT THE REMAINING MONIES IN THE AMOUNT OF $95 ,8 01 .58 BE USED TO DO AS MANY ADDITIONAL STREETS AS THE CITY CAN DO IN OVERLAY OR CHIP SEAL. Council Member Neal s cond d the motion. Upon a call of he roll, the vote re ulted as follo ws: Ayes: Council Members Higday, Ne 1, Fitzpatrick, W 1 t, Bilo, Bradshaw, Otis • • I • • - • • July 19, 1982 Page 6 Nays: None. • • • The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER NEAL MOVED TO BRING FORWARD AGENDA ITEM 8(8) CONCERNING AWARD FOR A CONTRACT RELOCATING LIQUID OXYGEN STORAGE TANK. Council Member Bradshaw 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. Director of Wastewater Treatment Bill Owen came forward and presented a Council Communication from himself requesting ap- proval and award of a contract for construction work associated with relocating liquid oxygen storage tank to G. W. Starbuck Com- pany. Director Owen stated two bids were received, the lowest one from G. W. Starbuck Company for an amount of $24,367.00. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE CONTRACT FOR CONSTRUCTION WORK ASSOCIATED WITH RELOCATING LIQUID OXYGEN STORAGE TANK TOG. w. STARBUCK COMPANY IN THE AMOUNT OF $24,367.00. Coun- cil Member Bilo 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. Th May or declared the motion carried. ORDINANCE NO. SERIES or 1982 * * * * BY AUTHORITY A BILL FOR * * COU NCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER BRADSHAW • I • • July 19, 1982 Page 7 • • • AN ORDINANCE REPEALING AND REENACTING PORTIONS OF TITLE XI OF THE ENGLEWOOD MUNICIPAL CODE OF '69 TO MORE PRECISELY DEFINE ACTS PROHIBITED IN CERTAIN CRIMINAL OFFENSE ORDINANCES. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO, 31, SERIES OF 198 2, ON FIRST READING. Council Member Fitzpatrick sec- onded 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 • ORDINANCE NO. SERIES OF 1982 * • • • BY AUTHORITY A BILL FOR • • COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE REPEALING SECTIONS 11-6-14, UNLAWFUL TO POSSESS BURGLAR TOOLS, 11-6-22, LOITERING PROHIBITED, 11-6-23, LOITER - ING NEAR SCHOOL PROHIBITED, 11-6-24, UNLAWFUL CONGREGATION, 11-7-16, TAXICAB CRUISING, AND 11-8-11, ASSAULT OR INDECENT ACTS. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 32 , SERIES OF 1982, ON FIRST READING. Council Member Fitzpatrick sec- onded 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 d clared the motion carried. Council Member Neal express d appreciation for Council Member Bradshaw's and City Attorney DeWit 's efforts in going to the work required in preparing Council Bills No. 31 and 32, • • • • • • • I • • July 19, 1982 Page 8 • • • City Attorney DeWitt stated Council Bill No. 37 was not the normal course of action to take in the matter of entering into a contract with Owen Engineering and Management Consultants. Mr. DeWitt stated the proper action would be by motion. COUNCIL MEMBER BRADSHAW MOVED TO TABLE THE WHOLE ISSUE UNTIL THE FIRST MEETING IN AUGUST. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw. Council Members Higday, Otis. The Mayor declared the motion carried. City Attorney DeWitt stated he would bring the matter back in motion form. * * * * * * City Attorney DeWitt discussed a council b ill concerning the parking lot lease. Mr. DeWitt suggested tabling the matter. City Attorney DeWitt stated recent information necessitates the need for further evaluation. Council Member Nea l stated there was nothing he wan ted to do to prevent Cinderella City from becoming more successful and was will i ng to cooperate in work i ng with them in allowing parking at Cinderella City. Mr. Nea l requested that within the ne xt 30 days Council have an opportunity to talk with o r have some written response from Cinderella City in regard to the rumors about King Soopers leaving the City. Mr. Nea l stated this matter is of in- tense interest to the majority of the citizens in the City and Council should solicit Cinderella City's and Kravco's remarks in regards to King Soopers. Council Member Fitzpatrick stated other stipulations as to changes in what areas of the parking lot would b increased in lease longevity is of concern as well. COUNCIL MEMBER FITZPATRICK MOVED TO TABLE. Council Member Silo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nay s: Council M mb rs Higday, N al, Fitzpatrick, Weist, Silo, Bradshaw, Otis. None. • I • • July 19, 1982 Page 9 • • • The Mayor declared the motion carried • • • • • • • City Attorney DeWitt informed Council his office has com- pleted the transaction on 3441 South Bannock. Copies of documents will be forwarded to Council. Arrangements are being made for the elderly occupant of the property to remain until her affairs are straightened out and she can move into other housing • • • • • • • City Attorney DeWitt informed Council his office has com- pleted the process of exchanging property at McLellan Reservoir • • • • • • • COUNCIL MEMBER FITZPATRICK MOVED TO SET A SPECIAL MEETING ON JULY 26, 1982, AT 7:30 P.M. FOR THE PURPOSE OF RECEIVING FROM PLANNING AND ZONING THE URBAN RENEWAL PLAN. Council Member Brad - shaw seconded the motion. Upon a call of the roll, the vote resulted as follows: J uly 26. Ayes: Nays: Council Members Higday, Neal, Fitzpatr ic k, Weist, Silo, Bradshaw, Otis. None. The Mayor declared the motion c arried. Council decided to have a study session at 5 :00 p.m. on • • • • * • Assistant City Manager Vargas p r esented a Council Communi - cation from the Parks and Recreation De p artment requ esting approval to install a b a nner over South Broadway announcing the production of •sa wd ust in My Shoes • on August 5 -7. Mr. Vargas stated it has b en disco v e r ed the poles on which the banne r s a re normally hung are in poor c ondition and possibly could n ot hold the w i gh t a n y mor • Th e P ublic Se r vice Co mpoany sug g ested an alter n ate loc a tio n wher the p oles a r e of steel. CO UN CIL MEMBER BRADS HAW MOVE D TO APPR OVE TH E I NSTA LL ATION OF TH E BANNER ON JULY 2 8 AN D MA I NTA I NE D THR OUGH AUGU ST 7 ON THE AL- TERNAT E LOC AT ION ON THE STEEL POL ES. Co u ncil M mb e r F i tzpatrick aeco nded th• motion. Up on a call of the r oll , the v ot resul ed as follo ws: • I • • July 19, 1982 Page 10 Ayes: Nays: • • • Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Council decided to meet with Mr. Gasson and Mr. Kaufman and then go into executive session following this meeting. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO REOPEN THE PUBLIC HEAR- ING ON THE 1983 OPERATING BUDGET. Council Member Higday 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. Harry Fleenor, 3383 South Corona, appeared before Council. Mr. Fleenor stated since his appointment to the Court Advisory Com- mittee, he has been studying the budget. Mr. Fleenor suggested adding another section to each summary page which would be assigned as •contingency". This section would be for surplus monies. Mr, Fleenor proposed implementing this idea in the judiciary depart- ment and to review its effectiveness after one year. There were no further comments. COUNCIL MEMBER NEAL MOVED TO CLOSE THE HEARING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, th vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared th motion carried, * * * * * * • I • • - • • • • • July 19, 1982 Page 11 There was no further business to be discussed • • • • • • • COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:33 p.m • • I • • • REGULAR MEETING: • • - COUNCIL CHAMBERS City of Englewood, Colorado July 19, 1982 \~ The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 19, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by The Reverend George I. Welch, Saint George's Episcopal Church, 3600 South Clarkson Street. The pledge of allegiance was led by Boy Scout Troops No. 115 and 154. 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. * * * * * * Also present were: City Manager Mccown * * Assistant City Manager Vargas City Attorney DeWitt Director of Wastewater Treatment Owen Director of Engineering Services Diede Deputy City Clerk Watkins * * * * Council Member Bradshaw noted an addition to the minutes of July 28, 1982. On page 7, second line, add after •structures• - •on west side of channel". COUNCIL MEMBER NEAL MOVED TO APPROVE SPECIAL MEETING OF JUNE 28, 1982, AS AMENDED. shaw seconded the motion. Upon a call of the resulted as follows: THE MINUTES OF THE Council Member Brad- roll, the vote Ayes : Council Memb rs Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis • • I • • ·I • • • • July 19, 1982 Page 2 Nays: None. Abstain: Council Member Higday. The Mayor declared the motion carried. * * * * * * Council Member Bradshaw noted a correction to the minutes of July 6, 1982. On page 8, the proper spelling of the council member from Sheridan is •crookham•. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 6, 1982, AS AMENDED. Council Member Bradshaw 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 BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JULY 12, 1982. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried. * * * * * * There were no pre-scheduled visitors. * * * * * * Ther were no other visitors. * * * * * * • I • • - • July 19, 1982 Page 3 • • • COUNCIL MEMBER FITZPATRICK MOVED TO OPEN THE PUBLIC HEAR- ING FOR CITIZENS INPUT RELATING TO GENERAL REVENUE SHARING FUNDS. 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. City Manager Mccown stated it has been the practice to place general revenue sharing funds in the Public Improvement Fund. Last year the funds were used in the General Fund and a like amount was transferred to the Public Improvement Fund. Mr. Mccown stated the purpose of this hearing was to receive citizen input for the use of the genera l revenue sharing funds. Mayor Ot is asked for comments from the audience. No one responded. COUNCIL MEMBER NEAL MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higd~y, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion car ried. * * * * * * COUNCIL MEMBER NEAL MOVED TO OPEN THE PUBLIC HEARING FOR CITIZENS INPUT RELATING TO THE 1983 OPERATING BUDGET. Council Mem- ber Bradshaw 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. City Manager Mccown stated staff ls putting together the budg t for 1983 which will be submitted to Council in Sept mb r. Mr. Mccown stated thi h arlng is not requlr d but is conducted for • I • • ...... • • • - July 19, 1982 Page 4 the purpose of receiving i nput from citizens so their ideas can be considered during the budget preparation. Mayor Otis asked for comments from the audience. Jan Andress, Director of Town of Littleton Cares-Meals on Wheels, appeared before Council. Ms. Andress stated her agency is a non-federal, non-state supported program that helps senior citi- zens in Englewood and Littleton by serving them one hot meal a day Monday through Fridays. Ms. Andress requested Council's consi- deration of $2,500 in the 1983 budget to financially assist her agency. In response to questions from Council, Ms. Andress stated the program serves more senior citizens in Englewood than Little- ton. She stated for the first six months of 1982, she has served 3,825 meals to approximately 50 senior citizens in Englewood. She further stated the program asks $2.00 a day from recipients six of which can not afford to pay at all. Council Member Bradshaw asked Ms. Andress to provide her request in writing so Counc i l will have documentation. There were no other requests. COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bilo seconded the motion. Upon a call of the ro ll , the vote resulted as fo l lows: w re: Ayes : Nays: Coun cil Member s Higday, Neal, Fitzpatrick, We is t, Bil o, Bradshaw, Otis. Non e . T he Mayor declared the motion carried • • • • • • • •communications -No Action Recommended • on the agenda (a) Minutes of the Urban Rene wal Authority meeting of June 2 , 1982. (b) Minutes of the Board of Adjustme n t and App eal meting of June 9, 1982 . {c) Minu es of the Planning and Zoning Co mm ission mee inga of June 15 and 29, 1982. • I • • July 19, 1982 Page 5 (d} • • - Minutes of the Liquor License Authority meeting of June 23, 1982. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT "COMMUNICA- TIONS -NO ACTION RECOMMENDED" AGENDA ITEMS S(A} -(D). Council Member Bradshaw 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 NEAL MOVED TO BRING FORWARD AGENDA ITEM 8(A) CONCERNING THE SEALCOAT PROGRAM 1982. Council Member Brad- shaw 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. Director Diede presented a Council Communication from the City Manager concerning the award of construction contract for the Sealcoat Program 1982. Mr. Diede stated three bids were received and the lowest bid was from Gil-Son Paving Company in the amount of $85,022.65. Mr. Diede proposed combining the funds left over from this bid award and the monies left over from omitting Section B from Paving District No. 28 and work on additional blocks. Mr. Diede stated the combination of monies would amount to $95,801.58 and would allow for approximately 15 more blocks to be overlayed or chip sealed. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE BID FOR THE SEALCOAT PROGRAM 1982 TO GIL-SON PAVING CO MPANY IN THE AMOUNT OF $85,022.65; AND THAT THE REMAINING MONIE S IN THE AMOUNT OF $95,801.58 BE USED TO DO AS MANY ADDITIONAL STREETS AS THE CITY CAN DO IN OVERLAY OR CHIP SEAL. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member s Higday , Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis • • , I • • • • July 19, 1982 Page 6 Nays: None. • • • The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER NEAL MOVED TO BRING FORWARD AGENDA ITEM 8(8) CONCERNING AWARD FOR A CONTRACT RELOCATING LIQUID OXYGEN STORAGE TANK. Council Member Bradshaw 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. Director of Wastewater Treatment Bill Owen came forward and presented a Council Communication from himself requesting ap- proval and award of a contract for construction work associated with relocating liquid oxygen storage tank to G. W. Starbuck Com- pany. Director Owen stated two bids were received, the lowest one from G. W. Starbuck Company for an amount of $24,367.00. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE CONTRACT FOR CONSTRUCTION WORK ASSOCIATED WITH RELOCATING LIQUID OXYGEN STORAGE TANK TOG. W. STARBUCK COMPANY IN THE AMOUNT OF $24,367.00. Coun- cil Member Bilo 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. ORDINANCE NO. SERIES OF 1982 * * * * BY AUTHORITY A BILL FOR * * COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER BRADSHAW • I • • July 19, 1982 Page 7 • • • AN ORDINANCE REPEALING AND REENACTING PORTIONS OF TITLE XI OF THE ENGLEWOOD MUNICIPAL CODE OF '69 TO MORE PRECISELY DEFINE ACTS PROHIBITED IN CERTAIN CRIMINAL OFFENSE ORDINANCES. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 31, SERIES OF 1982, ON FIRST READING. Council Member Fitzpatrick sec- onded 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. ORDINANCE NO. SERIES OF 1982 * * * * BY AUTHORITY A BILL FOR * * COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE REPEALING SECTIONS 11-6-14, UNLAWFUL TO POSSESS BURGLAR TOOLS, 11-6-22, LOITERING PROHIBITED, 11-6-23, LOITER- ING NEAR SCHOOL PROHIBITED, 11-6-24, UNLAWFUL CONGREGATION, 11-7-16, TAXICAB CRUISING, AND 11-8-11, ASSAULT OR INDECENT ACTS. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 32, SERIES OF 1982, ON FIRST READING. Council Member Fitzpatrick sec- onded 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 Neal expressed appreciation for Council Me•ber Bradshaw's and City Attorney D Witt's efforts in going to the work required in preparing Council Bills No. 31 and 32. * * * * * * • I • • • July 19, 1982 Page 8 • • • City Attorney DeWitt stated Council Bill No. 37 was not the normal course of action to take in the matter of entering into a contract with Owen Engineering and Management Consultants. Mr. DeWitt stated the proper action would be by motion. COUNCIL MEMBER BRADSHAW MOVED TO TABLE THE WHOLE ISSUE UNTIL THE FIRST MEETING IN AUGUST. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw. Council Members Higday, Otis. The Mayor declared the motion carried. City Attorney DeWitt stated he would bring the matter back in motion form. * * * * * * City Attorney DeWitt discussed a council bill concerning the parking lot lease. Mr. DeWitt suggested tabling the matter. City Attorney DeWitt stated recent information necessitates the need for further evaluation. Council Member Neal stated there was nothing he wanted to do to prevent Cinderella City from becoming more successful and was wi lling to cooperate in working with them in allowing parking at Cinderella City. Mr. Neal requested that within the next 30 days Council have an opportunity to talk wi th or have some written response from Cinderella City in regard to the rumors about King Soopers leaving the City. Mr . Neal stated this matter is of in- tense interest to the majority of the citizens in the City and Council should solicit Cinderella City's and Kravco's remarks in regards to King Soopers. Council Member Fitzpatrick stated other stipulations as to changes in what areas of the parking lot would b increased in lease longevity is of concern as well. COUNCIL MEMBER FITZPATRICK MOVED TO TABLE. Council M mber Bilo seconded the motion. Upon a call of th roll, the vote resulted as follows: Ayes: Nays: Council M mbers Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, o ia. None • I • • • • - July 19, 1982 Page 9 The Mayor declared the motion carried. * * * * * * City Attorney DeWitt informed Council his office has com - pleted the transaction on 3441 South Bannock. Copies of documents will be forwarded to Council. Arrangements are being made for the elderly occupant of the property to remain until her affairs are straightened out and she can move into other housing. * * * * * * City Attorney DeWitt informed Council his office has com- pleted the process of exchanging property at McLellan Reservoir. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO SET A SPECIAL MEETING ON JULY 26, 1982, AT 7:30 P.M. FOR THE PURPOSE OF RECEIVING FROM PLANNING AND ZONING THE URBAN RENEWAL PLAN. Council Member Brad - shaw seconded the motion. Upon a call of the roll, the vote resulted as follows: July 26. Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried . Council decided to have a study session at 5:00 p.m. on * * * * * * Assistant City Manager Vargas presented a Council Communi - cation from the Parks and Recreation Department requesting approval to install a banner over South Broadway announcing the production of •sawdust in My Shoes• on August 5 -7. Mr. Vargas stated it has been discover d the poles on which the banners are normally hung are in poor condition and possibly could not hold the weight any more. The Public Service Compoany suggested an alternate location wh ere the poles are of steel. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE INSTALLATION OF THE BANNER ON JULY 28 AND MAINTAINED THROUGH AUGUST 7 ON THE AL - TERNATE LOCATION ON THE STEEL POLES. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • - • July 19, 1982 Page 10 Ayes: Nays: • • • Council Members Higday, Neal, Fitzpatri ck , Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. • • • * * * Counci l decided to meet with Mr. Gasson and Mr. Kaufman and then go into executive session following this meeting. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO REOPEN THE PUBLIC HEAR- ING ON THE 1983 OPERATING BUDGET. Council Member Higday 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. Harry Fleenor, 3383 South Corona, appeared before Council. Mr. Fleenor stated since his appointment to the Court Advisory Com- mittee, he has been studying the budget. Mr. Fleenor suggested adding another section to each summary page which would be assigned as •contingency•, This section would be for surplus monies. Mr. Fleenor proposed implementing this i dea in the judiciary depart - ment and to review its effectiveness after one year. There were no further comments. COUNCIL MEMBER NEAL MOVED TO CLOSE THE HEARING. Council 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. * * * * * • • I • • I - • July 19, 1 982 Page 11 • • • There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:33 p.m. • I • • - • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado July 19, 1982 \ QJ The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 19, 1982, at 7:30 p.r:i. Mayor Otis, presiding, called the meeting to order. The invocation was given by The Reverend George I. Welch, Saint George's Episcopal Church, 3600 South Clarkson Street. The pledge of allegiance was led by Boy Scout Troops No. 115 and 154. 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. * * * * * * Also present were: City Manager Mccown * * Assistant City Manager Vargas City Attorney DeWitt Director of Wastewater Treatment Owen Director of Engineering Services Diede Deputy City Clerk Watkins * * * * Council Member Bradshaw noted an addition to the minutes of July 28, 1982. On page 7, second line, add after •structures• - •on west side of channel•. COUNCIL MEMBER NEAL MOVED TO APPROVE SPECIAL MEETING OF JUNE 28, 1982, AS AMENDED. shaw seconded the motion. Upon a call of the re•ulted as follows: THE MINUTES OF THE Council Member Brad- roll, the vote Ayes: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis • I • • • July 19, 1982 Page 2 Nays: Abstain: • • • None. Council Member Higday. The Mayor declared the motion carried, * * * * * * Council Member Bradshaw noted a correction to the minutes of July 6, 1982. On page 8, the proper spelling of the council member from Sheridan is •crookham•. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 6, 1982, AS AMENDED. Council Member Bradshaw 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 BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JULY 12, 1982. Council Member Neal sec - onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member s Higday, Neal, Fitzpatr ic k, Wei s t, Bradshaw, Otis. Nays: None. Ab stain: Council Member Bilo . The Mayor declared the motion carried. * * * * * * There were no pre-scheduled visito r s . * * * * * * The r e were no other visitors. * * * * * * • ) I • • • July 19, 1982 Page 3 • • • COUNCIL MEMBER FITZPATRICK MOVED TO OPEN THE PUBLIC HEAR- ING FOR CITIZENS INPUT RELATING TO GENERAL REVENUE SHARING FUNDS. Upon a call of the roll , the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Nays: None . The Mayor declared the motion carried. City Manager Mccown stated it has been the practice to place general revenue sharing funds in the Publ i c Improvement Fund. Last year the funds were used in the General Fund and a like amount was transferred to the Public Improvement Fund. Mr. Mccown stated the purpose of this hearing was to receive citizen input for the use of the general revenue sharing funds. Mayor Otis asked for comment s from the audience. No one responded. COU NCIL MEMBER NEAL MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Nays: None. The May or declared the motion carried • • • • • • • COUNCIL MEMBER NEAL MOVED TO OPEN THE PUBLIC CITIZENS INPUT RELATING TO THE 1983 OPERATING BUDGET. ber Bradshaw seconded the motion. Upon a c a l l of the vote resulted as follows: HEARING FOR Council Mem- roll, the Ayes: Council Members Higday, N al, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. City Manager Mccown stated staff is putting tog ther the budget for 1983 which will be submitted o Council in September. Mr. Mccown stated this hearing is not requir d but is conducted for , I • • n • • • • • July 19, 1982 Page 4 the purpose of receiving input from citizens so their ideas can be considered during the budget preparation. Mayor Otis asked for comments from the audience. Jan Andress, Director of Town of Littleton Cares-Meals on Wheels, appeared before Council. Ms. Andress stated her agency is a non-federal, non-state supported program that helps senior citi- zens in Englewood and Littleton by serving them one hot meal a day Monday through Fridays. Ms. Andress requested Council's consi- deration of $2,500 in the 1983 budget to financially assist her agency. In response to questions from Council, Ms. Andress stated the program serves more senior citizens in Englewood than Little- ton. She stated for the first six months of 1982, she has served 3,825 meals to approximately 50 senior citizens in Englewood. She further stated the program asks $2.00 a day from recipients six of which can not afford to pay at all. Council Member Bradshaw asked Ms. Andress to provide her request in wri ting so Council will ha ve documentation. There were no other requests. COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEAR ING. Council Memb er Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: were: Ayes: Nays: Council Member s Higday, Nea l, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * •communi c ations -No Act i on Recommended• on the agenda (a ) Minutes of the Urban Renewal Authority meeting of June 2, 1982. (b) Minutes of the Board of Adjustment and Appeals meeting of June 9, 1982. (c) Minutes of the Planning and Zoning Commission meetings of June 15 and 29, 1982. I • • • July 19, 1982 Page 5 (d) • • - Minutes of the Liquor License Authority mee t ing of June 23, 1982. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT "COMMUNICA- TIONS -NO ACTION RECOMMENDED" AGENDA ITEMS 5(A) -(D). Council Member Bradshaw 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. * * * * * * COUNC IL MEMBER NEAL MOVE D TO BRI NG F ORWAR D AGEN DA ITEM 8 (A) CONCERNING THE S EAL COAT PROGRAM 1982. Co un cil Member Br a d - shaw seconded the mo ti on. Upo n a call of t h e roll, the vote r e sul t ed as fo llows: Ayes : Na y s : Council Me mbers Hi g day, Neal, Fitzpatrick , Weist , Bilo, Br a d s h a w , Otis . None . The Mayor declared the motion ca r ried. Director Diede presented a Council Communication from the City Manager concerning the a ward of construction contract for the Sealcoat P rogram 1982 . Mr. Di e de stated three bids were received and the lo west bid was from Gil-Son Pa v ing Company in the amount of $85 ,022.65. Mr . Diede proposed combining the funds left over f r om this bid a ward and the monies left over from omitting Section B from Paving District No. 28 and work on additional blocks. Mr. Diede stated the combination of monies would amount to $95,801.58 and would allow for approximately 15 more blocks to be overlayed or chip sealed. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE BID FOR THE SEALCOAT PROGRAM 1982 TO GIL-SON PAVING COMPANY IN THE AMOUNT OF $85,022.65; AND THAT THE REMAINING MONIES IN THE AMOUNT OF $95 ,801.58 BE USED TO DO AS MANY ADDITIONAL STREETS AS THE CITY CAN DO IN OVERLAY OR CHIP SEAL. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follo ws: Ayes: Council Members Higday, N al, Fitzpatrick , W 1st, Bilo, Bradshaw, Otis • • I • • - • July 19, 1982 Page 6 Nays: None. • • • The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER NEAL MOVED TO BRING FORWARD AGENDA ITEM 8(8) CONCERNING AWARD FOR A CONTRACT RELOCATING LIQUID OXYGEN STORAGE TANK. Council Member Bradshaw 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. Director of Wastewater Treatment Bill Owen came forward and presented a Council Communication from himself requesting ap- proval and award of a contract for construction work associated with relocating liquid oxygen storage tank to G. w. Starbuck Com- pany. Director Owen stated two bids were received, the lowest one from G. W. Starbuck Company for an amount of $24,367.00. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE CONTRACT FOR CONSTRUCTION WORK ASSOCIATED WITH RELOCATING LIQUID OXYGEN STORAGE TANK TOG. w. STARBUCK COMPANY IN THE AMOUNT OF $24,367.00. Coun- cil Member Bilo 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 carr i e d . ORDINANCE NO. SERIES OF 1982 * * * * BY AUTHORITY A BILL FOR * * COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER BRADSHAW I • • • July 19, 1982 Page 7 • • • AN ORDINANCE REPEALING AND REENACTING PORTIONS OF TITLE XI OF THE ENGLEWOOD MUNICIPAL CODE OF '69 TO MORE PRECISELY DEFINE ACTS PROHIBITED IN CERTAIN CRIMINAL OFFENSE ORDINANCES. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 31, SERIES OF 1982, ON FIRST READING. Council Member Fitzpatrick sec- onded 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. ORDINANCE NO. SERIES OF 1982 * * * * BY AUTHORITY A BILL FOR * * COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDIN AN CE REPEALING SECTIONS 11-6-14 , UNLAWFUL TO POSSESS BURGLAR TOOLS, 11-6-22, LOITERING PROHIBITED, 11-6-23 , LOITER- ING NEAR SCHOOL PROHIBITED, 11-6-24, UNLAWFUL CONGREGATION, 11-7-16, TAXICAB CRUISING, AND 11-8 -11 , ASSAULT OR INDECENT ACTS. COUNCIL MEMBER BRADSHAW MOVED TO PASS CO UNCIL BILL NO. 32 , SERIES OF 1982, ON FIRST READING. Council Member Fitzpatrick sec- onded 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 d clared the motion carried. Council Memb e r Neal expres ed appreciation for Council Meab r Bradshaw's and City Attorney Dewitt's fforts in going to the work required in preparing Council Bills No. 31 and 32. * * * * * * • I • • - July 19, 1982 Page 8 • • • City Attorney DeWitt stated Council Bill No. 37 was not the normal course of action to take in the matter of entering into a contract with Owen Engineering and Management Consultants . Mr. DeWitt stated the proper action would be by motion. COUNCIL MEMBER BRADSHAW MOVED TO TABLE THE WHOLE ISSUE UNTIL THE FIRST MEETING IN AUGUST. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw. Council Members Higday, Otis. The Mayor declared the motion carried. City Attorney DeWitt stated he would bring the matter back in motion form. * * * * * * City Attorney DeWitt discussed a council bill concerning the parking lot lease. Mr. DeWitt suggested tabling the matter. City Attorney DeWitt stated recent information necessitates the need for further evaluation. Council Member Neal stated there was nothing he wanted to do to prevent Cinderella City from becoming more successful and was willing to cooperate in working with them in allowing parking at Cinderella City. Mr. Nea l requested that within the next 30 days Council have an opportunity to talk with or have some written response from Cinderella City in regard to the rumors about King Soopers leaving the City. Mr. Neal stated this matter is of in- tense interest to the majority of the citizens in the City and Council should solicit Cinderella City's and Kravco's remarks in regards to King Soopers. Council Member Fitzpatrick stated other stipulations as to changes in what areas of the parking lot would be increased in lease longevity is of concern as well. COUNCIL MEMBER FITZPATRICK MOVED TO TABLE. 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, Bilo, Bradshaw, Otis. None. I • • • • • - July 19, 1982 Page 9 The Mayor declared the motion carried. * * * * * * City Attorney DeWitt informed Council his office has com- pleted the transaction on 3441 South Bannock. Copies of documents will be forwarded to Council. Arrangements are being made for the elderly occupant of the property to remain until her affairs are straightened out and she can move into other housing. * * * * * * City Attorney DeWitt informed Council his office has com- pleted the process of exchanging property at McLellan Reservoir. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO SET A SPECIAL MEETING ON JULY 26, 1982, AT 7:30 P.M. FOR THE PURPOSE OF RECEIVING FROM PLANNING AND ZONING THE URBAN RENEWAL PLAN. Council Memb e r Brad - shaw seconded the motion. Upon a call of the roll, the vote resulted as follows: July 26. Ayes: Nays: Council Members Higday, Neal, Fitzpatri ck , Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council decided to have a study s ession at 5:00 p.m. on * * * * * * Assistant City Manager Vargas presented a Council Communi - cation from the Parks and Recreation Department requesting approval to install a banner over South Broadway announcing the production of •sawdust in My Shoes• on August 5 -7. Mr. Vargas stated it has b n discovered the poles on which the banners are normally hung are in poor condition and possibly could not hold the weight any mor • The Public Service Compoany suggested an alternate location where the poles are of steel. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE INSTALLATION OF THE BANNER ON JULY 28 AND MA INTAINED THROUGH AUGUST 7 ON THE AL - TERNATE LOCATION ON THE STEEL POLES. Council Memb r Fi zpatrick second d the motion. Upon a call of the roll, the vote resulted a s follo ws: • I • • July 19, 1982 Page 10 Ayes: Nays: • • • Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • Council decided to meet with Mr. Gasson and Mr. Kaufman and then go into executive session following this meeting • • • • • • • COUNCIL MEMBER BRADSHAW MOVED TO REOPEN THE PUBLIC HEAR- ING ON THE 1983 OPERATING BUDGET. Council Member Higday 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. Harry Fleenor, 3 3 8 3 South Corona, appeared before Council. Mr. Fleenor stated since h i s appointment to the Court Advisory Com- mit t ee, he has been s tudying the budget. Mr. Fleenor suggested add i ng another s e c t i on to ea c h summary page which would be assigned as •c ontingency•. This s e c t i on would be for surplus mon i es. Mr. F le eno r proposed implementing this idea in the j udiciary depart- me nt and to review its effe c t i veness after one year. There we r e n o further comm ents . COU NCIL MEMB ER NEAL MOVED TO CLOSE THE HEARI NG . Council Member Fitzpatrick seconded th otlon. Upon a call of th roll , the vote resulted as follo ws: Ayes: Nay s: Council Members Higday , Neal , Fitzpatrick, Weist , Bilo , Bradsha w, Otis . None . Th Mayor declar d the motion ca r ri d. • • • • • • • I • • - • July 19, 1982 Page 11 • • • There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:33 p.m. • • I • • • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado July 19, 1982 \ QJ The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 19, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by The Reverend George I. Welch, Saint George's Episcopal Church, 3600 South Clarkson Street. The pledge of allegiance was led by Boy Scout Troops No. 115 and 154. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis. Absent: None. Mayor Otis declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager City Attorney DeWitt Vargas Director of Wastewater Treatment Owen Director of Engineering Services Diede Deputy City Clerk Watkins * * * * • * Council Member Bradshaw noted an addition to the minutes of July 28, 1982. On page 7, second line, add after •structures" - •on west sid of channel". COUNCIL MEMBER NEAL MOVED TO APPROVE SPECIAL MEETING OF JUNE 28, 1982, AS AMENDED. shaw seconded the motion. Upon a call of the resulted as follows: THE MINUTES OF THE Council Member Brad- roll, the vote Ayes: Council Members Neal, Fitzpatrick, W 1st, Silo, Bradshaw, Otis • • I • • July 19, 1982 Page 2 Nays: Abstain: • • • None. Council Member Higday. The Mayor declared the motion carried. * * * * * * Council Member Bradshaw noted a correction to the minutes of July 6, 1982. On page 8, the proper spelling of the council member from Sheridan is •crookham•. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 6, 1982, AS AMENDED. Council Member Bradshaw 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 BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JULY 12, 1982. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. Nays: None. Abstain : Council Member Bilo. The Mayor declared the motion carried. * * * * * * There were no pre-scheduled visitors. * * * * * * There wer e no other visitors. * * * * * * • I • • r- • July 19, 1982 Page 3 • • • COUNCIL MEMBER FITZPATRICK MOVED TO OPEN THE PUBLIC HEAR- ING FOR CITIZENS INPUT RELATING TO GENERAL REVENUE SHARING FUNDS. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. City Manager Mccown stated it has been the practice to place general revenue sharing funds in the Public Improvement Fund. Last year the funds were used in the General Fund and a like amount was transferred to the Public Improvement Fund. Mr. Mccown stated the purpose of this hearing was to receive citizen input for the use of the general revenue sharing funds. Mayor Otis asked for comments from the audience. No one responded. COUNCIL MEMBER NEAL MOVE D TO CLOSE THE PUBL IC HEARING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Cou n cil Member s Higd~y, Neal, Fitzpatrick, We ist , Silo, Bradshaw , Otis. Nays: None. The Mayor declared the motion carried • • • * * * • COUNCIL MEMBER NEAL MOVED TO OPEN THE PUBLIC CITIZENS INPUT RELATING TO THE 1983 OPERATING BUDGET. ber Bradshaw seconded the motion. Upon a c all of the vote resulted as follows: HEARING FOR Council Mem- roll, the Ay s: Council M mbers Higday, Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis. Nays: None. Th Mayor declared the motion carried. City Manager Mccown tated st ff i putting together the budget for 1983 which will be submitted to Council in Sept mb r. Mr. Mccown stated this haring is no required but is conduced for • I • • ~-• • • July 19, 1982 Page 4 the purpose of receiving input from citizens so their id eas can be considered during the budget preparation. Mayor Otis asked for comments from the audience. Jan Andress, Director of Town of Littleton Cares-Meals on Wheels, appeared before Council. Ms. Andress stated her agency is a non-federal, non-state supported program that helps senior citi- zens in Englewood and Littleton by serving them one hot meal a day Monday through Fridays. Ms. Andress requested Council's consi- deration of $2,500 in the 1983 budget to financially assist her agency. In response to questions from Council, Ms. Andress stated the program serves more senior citizens in Englewood than Little- ton. She stated for the first six months of 1982, she has served 3,825 meals to approximately 50 senior citizens in Englewood. She further stated the program asks $2.00 a day from recipients six of which can not afford to pay at all. Council Member Bradshaw asked Ms. Andress to provide her request in writing so Council will have documentation. There were no other requests. COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARIN G. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: were: Ayes: Nays : Council Members Higday, Neal, Fitzpatri ck, We ist , Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • •communications -No Action Recomm nded• on the agenda (a) Minutes of the Urban Renewal Authority meeting of June 2, 1982 . (b) Minute of the Board of Adjuatmen and App ala meting of June 9, 1982. (c) Minut a of th Pl nnlng and zoning Co111111iaaion me inga of June 15 and 29, 19 2. I • • July 19, 1982 Page 5 (d ) • • - Minutes of the L i qu o r License Authority mee ti ng of June 2 3 , 1 98 2 . COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT "COMMUNI CA- TIONS -NO ACTION RECOMMENDED" AGENDA I TEMS 5(A) -(D). Coun c il Member Bradshaw 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. No ne. The Mayor decl ared t he mo t io n c arried. * * * * * * COU NCIL MEMBER NEAL MOVED TO BR I NG FO RWARD AGENDA IT EM 8(A) CO NCE RN I NG THE SE AL CO AT PR OG RAM 1982 . Cou n ci l Membe r Br ad- sha w seconded the motion. Up on a call of the ro l l, the v o t e resulted as follo ws: Ayes: Nays: Cou ncil Members Higday , Neal , F it zpa trick , Weist , Bilo , Brads h a w, Otis . None . The Mayor de cl ared the motion carried. Di re c t o r Di ede presented a Co un cil Communication from the City Manager co n c ern i ng the award o f co n s truct ion contract for the S ea lcoat Program 1 982 . Mr. Diede s t ated three bids were receiv ed a n d the lowest bid wa s from Gil -Son Pav i ng Company in the amount of $8 5 ,022 .65. Mr . Diede propo s ed combin i ng th e fu n d s l eft over f r o m this b id a ward and the mon ies left o v e r f r o m o mitti ng Se c t i o n B from P aving District No . 28 and work o n additional b l oc k s . Mr. Did stat d the combination of monies would amount to $9 5 ,801 .58 and would allo w for approximat ly 15 mo r e blocks to b e o v e r layed o r c hips aled. COU NCIL MEMBER ITZPATRICK MOVED TO AWA RD THE BID FOR T HE SEALCOAT PROGRAM 1982 TO GIL-SON PAVI NG CO MPAN Y IN THE AMOUN T OF $85,022.65; AN D THAT THE RE MAI NI NG MONIES I N THE AMOUNT OF $95 ,801.58 BE US ED TO DO AS MANY ADDITIONA L STREET S AS THE CITY CAN DO I N OVE RLAY OR CHI P SE AL. Council Membe r Neal s econded th motion . Upon a call of h roll , he vot resulted as fo llows: Ay s: Co un cil M mbers Higday, Ne 1 , F i tzpatri ck , w is , Bilo , Br adsha w, o is. • I • • I • July 19, 1982 Page 6 Nays: None. • • • The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER NEAL MOVED TO BRING FORWARD AGENDA ITEM 8(8) CONCERNING AWARD FOR A CONTRACT RELOCATING LIQUID OXYGEN STORAGE TANK. Council Member Bradshaw 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. Director of Wastewater Treatment Bill Owen came forward and presented a Council Communication from himself requesting ap- proval and award of a contract for construction work associated with relocating liquid oxygen storage tank to G. W. Starbuck Com- pany. Director Owen stated two bids were received, the lowest one from G, W. Starbuck Company for an amount of $24,367.00. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE CONTRACT FOR CONSTRUCTION WORK ASSOCIATED WITH RELOCATING LIQUID OXYGEN STORAGE TANK TOG. w. STARBUCK COMPANY IN THE AMOUNT OF $24,367.00. Coun- cil Member Bilo seconded the motion. Upon a call of the roll, the vote res~lted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the mot i on c arried, ORDINANCE NO, SERIES OF 1982 * * * * BY AUTHORITY A BILL FOR * * COUNCIL BILL NO, 31 INTRODUCED BY COUNCIL MEMBER BRADSHAW • () I • • - • • July 19, 1982 Page 7 • • • AN ORDINANCE REPEALING AND REENACTING PORTIONS OF TITLE XI OF THE ENGLEWOOD MUNICIPAL CODE OF '69 TO MORE PRECISELY DEFINE ACTS PROHIBITED IN CERTAIN CRIMINAL OFFENSE ORDINANCES. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO, 31, SERIES OF 1982, ON FIRST READING. Council Member Fitzpatrick sec- onded 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. ORDINANCE NO. SERIES OF 1982 * * * * BY AUTHORITY A BILL FOR * * COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE REPEALING SECTIONS 11-6-14, UNLAWFUL TO POSSESS BURGLAR TOOLS, 11-6-22 , LOITERING PROHIBITED, 11-6-23 , LOITER- ING NEAR SCHOOL PROHIBITED, 11-6-2 4, UNLAWFUL CONGREGATION, 11-7-16, TAXICAB CRUISING , AND 11-8-11, ASSAULT OR INDECENT ACTS. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 32, SERIES OF 1982, ON FIRST READING. Council Member Fitzpatrick 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. Council Member Neal expressed appreciation for Council Member Bradshaw's and City Attorney Dewitt 's efforts in going to th work required in preparing Council Bills No. 31 and 32. * * * * * * • I • • July 19, 1982 Page 8 • • - City Attorney DeWitt stated Council Bill No. 37 was not the normal course of action to take in the matter of entering into a contract with Owen Engineering and Management Consultants. Mr. DeWitt stated the proper action would be by motion. COUNCIL MEMBER BRADSHAW MOVED TO TABLE THE WHOLE ISSUE UNTIL THE FIRST MEETING IN AUGUST. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw. Council Members Higday, Otis. The Mayor declared the motion carried. City Attorney DeWitt stated he would bring the matter back in motion form. * * * * * * City Attorney DeWitt discussed a council bill concerning the parking lot lease. Mr. DeWitt suggested tabling the matter. City Attorney DeWitt stated recent information necessitates the need for further evaluation. Council Member Neal stated there was nothing he wanted to do to prevent Cinderella City from becoming more successful and was willing to cooperate in working with them in allowing parking at Cinderella City. Mr. Neal requested that within the next 30 days Council have an opportunity to talk with or have some written response from Cinderella City in regard to the rumors about King Soopers leaving the City . Mr. Neal stated this matter is of in- tense interest to the majority of the citizens in the City and Council should solicit Cinderella City's and Kravco's remarks in regards to King Soopers. Council Member Fitzpatrick stated other stipulations as to chang s in what areas of the parking lot would be incr ased in lease longevity is of concern as well. COUNCIL MEMBER FITZPATRICK MOVED TO TABLE. Council Memb r Silo seconded th motion. Upon a call of the roll, the vote resul ed as follows: Ay Nays: Council Memb rs Higday, Neal, Fitzpatrick, w 1st, Bilo, Br dshaw, o is. None. • I • • • • • July 19, 1982 Page 9 The Mayor declared the motion carried. * * * * * * City Attorney DeWitt informed Council his office has com- pleted the transaction on 3441 South Bannock. Copies of documents will be forwarded to Council. Arrangements are being made for the elderly occupant of the property to remain until her affairs are straightened out and she can move into other housing. * * * * * * City Attorney DeWitt informed Council his office has com- pleted the process of exchanging property at Mclellan Reservoir. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO SET A SPECIAL MEETING ON JULY 26, 1982, AT 7:30 P.M. FOR THE PURPOSE OF RECEIVING FROM PLANNING AND ZONING THE URBAN RENEWAL PLAN. Council Member Brad- shaw seconded the motion. Upon a call of the roll, the vote resulted as follows: July 26. Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council decided to have a study session at 5:00 p.m. on * * • * * * Assistant City Manager Vargas pres nted a Council Communi- cation from the Parks and R creation Departm nt requesting approval to install a banner over South Broadway announcing th production of •sawdust in My Shoes• on August S -7. Mr. Vargas stated it has b en discover d the poles on which the bann rs ar normally hung are in poor condition and possibly could not hold th weight any more. The Public Service Compoany suggested an alternate location where the pols are of teel. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE INSTALLATION OF THE BANNER ON JULY 28 AND MAINTAINED THROUGH AUGUST 7 ON THE AL - TERNATE LOCATION ON THE STEEL POLES. Council Member Fitzpatrick seconded the ~otion. Upon a call of th roll, the vote resulted a tollowa i I • • • • July 19, 1982 Page 10 Ayes: Nays: • • • Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Council decided to meet with Mr. Gasson and Mr. Kaufman and then go into executive session following this meeting. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO REOPEN THE PUBLIC HEAR- ING ON THE 1983 OPERATING BUDGET. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Hi gday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Harry Fleenor, 3383 South Corona, appeared before Council. Mr. Fleenor stated since his appointment to the Court Advisory Com- mittee, he has been studying the budget. Mr. Fleenor suggested adding another section to each summary page which would be assigned as •contingency•. This section would be for surplus monies. Mr. Fleenor proposed implementing this idea in the j ud ici ary depart - ment and to review its effectiveness after one year. There were no further comments. COUNCIL MEMBER NEAL MOVED TO CLOSE THE HEARING. Council 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. * * * * * * • I • • - • • July 19, 1982 Page 11 • • • There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:33 p.m • • I • • fl • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado July 19, 1982 \ CY The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 19, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by The Reverend George I. Welch, Saint George's Episcopal Church, 3600 South Clarkson Street. The pledge of allegiance was led by Boy Scout Troops No. 115 and 154. 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. * * * * * * Also present were: City Manager Mccown Assistant City Manager Vargas City Attorney DeWitt Director of Wastewater Treatment Owen Director of Engineering Services Diede Deputy City Clerk Watkins * * * * * * Council M mber Bradshaw noted an addition to the minutes of July 28, 1982. On page 7, second line, add after •structures" - •on west side of channel". COUNCIL MEMBER NEAL MOVED TO APPROVE SPECIAL MEETING OF JUNE 28 , 1982, AS AMENDED. shaw econded the motion. Upon a call of the resulted as follows: THE MINUTES OF THE Council Member Brad- roll, the vote Ayes: Council Members Neal, Fitzpatrick, Weist, Bilo, Br dshaw, Otis • I • • • July 19, 1982 Page 2 Nays: Abstain: • • • None. Council Member Higday. The Mayor declared the motion carried. * * * * * * Council Member Bradshaw noted a correction to the minutes of July 6, 1982. On page 8, the proper spelling of the council member from Sheridan is •crookham•. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 6, 1982, AS AMENDED. Council Member Bradshaw 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 BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JULY 12, 1982. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Council Member s Higday, Neal, Fitzpatrick, Wei st, Bradshaw, Otis. Nays: None. Abstain: Council Member Silo. The Mayor declared the motion carried. * * * * * * There were no pre-scheduled visitors. * * * * * * Th re were no other visitors. * * * * * * • I • • - • July 19, 1982 Page 3 • • • COUNCIL MEMBER FITZPATRICK MOVED TO OPEN THE PUBLIC HEAR- ING FOR CITIZENS INPUT RELATING TO GENERAL REVENUE SHARING FUNDS. 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. City Manager McCown stated it has been the practice to place general revenue sharing funds in the Publ ic Improvement Fund. Last year the funds were used in the General Fund and a like amount was transferred to the Public Improvement Fund. Mr. McCown stated the purpose of this hearing was to receive citizen input for the use of the general revenue sharing funds. Mayor Otis asked for comments from the audience. No one responded. COUNCIL MEMBER NEAL MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higd~y, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion ca rried. * * * * * * COUNCIL MEMBER NEAL MOVED TO OPEN THE PUBLIC HEARING FOR CITIZENS INPUT RELATING TO THE 1983 OPERATING BUDGET. Council Mem- ber Bradshaw 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 . City Manager Mccown stated staff is putting together the budg t for 1983 which will b submitted to Council in September. Mr. Mccown tated this hearing is not required but is conducted for • I • • • • • • July 19, 1982 Page 4 the purpose of receiving input from citizens so their ideas can be considered during the budget preparation. Mayor Otis asked for comments from the audience. Jan Andress, Director of Town of Littleton Cares-Meals on Wheels, appeared before Council. Ms. Andress stated her agency is a non-federal, non-state supported program that helps senior citi- zens in Englewood and Littleton by serving them one hot meal a day Monday through Fridays. Ms. Andress requested Council's consi- deration of $2,500 in the 1983 budget to financially assist her agency. In response to questions from Council, Ms. Andress stated the program serves more senior citizens in Englewood than Little- ton. She stated for the first six months of 1982, she has served 3,825 meals to approximately 50 senior citizens in Englewood. She further stated the program asks $2.00 a day from recipients six of wh i ch can not afford to pay at all. Council Member Bradshaw asked Ms. Andress to provide her request in writing so Council will have documentation. There were no other requests. COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING, Council Member S ilo seconded the motion. Upon a call of the roll, the vote resulted as follows: were: Ayes: Nays: Council Member s Higday, Neal, F it zpa t rick, We ist , Silo, Bradsha w, Otis . None. The Mayor declared the motion carried. * * * * * * •communications -No Action Recommended• on the agenda (a) (bl (C) Minutes of the Urban Renewal Authority meeting of June 2, 1982. Minutes of the Board of Adjustment and Appeals meeting of June 9, 1982. Minutes of the Planning and Zoning Commission meetings of June 15 and 29, 1982. • I • • ·I • July 19, 1982 Page 5 (d) • • - Minutes of the Liquor License Authority meeting of June 23, 1982. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT "COMMUNICA - TIONS -NO ACTION RECOMMENDED" AGENDA ITEMS S(A) -(D). Counc il Member Bradshaw 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 NEAL MOVED TO BRING FORWARD AGENDA ITEM 8(A) CONCERNING THE SEALCOAT PROGRAM 1982. Council Member Brad- shaw 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. Director Diede presented a Council Communication from the City Manager concerning the award of construction contract for the Sealcoat Program 1982. Mr. Diede stated three bids were received and the lowest bid was from Gil-Son Paving Company in the amount of $85,022.65. Mr. Diede proposed combining the funds left over from this bid award and the monies left over from omitting Section B from Paving District No. 28 and work on additional blocks. Mr. Diede stated the combination of monies would amount to $95,801.58 and would allow for approximately 15 more blocks to be overlayed or chip sealed. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE BID FOR THE SEALCOAT PROGRAM 1982 TO GIL-SON PAVING COMPANY IN THE AMOUNT OF $85,022.65; AND THAT THE REMAINING MONIES IN THE AMOUNT OF $95,801.58 BE USED TO DO AS MANY ADDITIONAL STREETS AS THE CITY CAN DO IN OVERLAY OR CHIP SEAL. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis • • I • • - • • July 19, 1982 Page 6 Nays: None. • • • The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER NEAL MOVED TO BRING FORWARD AGENDA ITEM 8(8) CONCERNING AWARD FOR A CONTRACT RELOCATING LIQUID OXYGEN STORAGE TANK. Council Member Bradshaw 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. Director of wastewater Treatment Bill Owen came forward and presented a Council Communication from himself requesting ap- proval and award of a contract for construction work associated with relocating liquid oxygen storage tank to G. w. Starbuck Com- pany. Director Owen stated two bids were received, the lowest one from G. w. Starbuck Company for an amount of $24,367.00, COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE CONTRACT FOR CONSTRUCTION WORK ASSOCIATED WITH RELOCATING LIQUID OXYGEN STORAGE TANK TOG. W. STARBUCK COMPANY IN THE AMOUNT OF $24,367.00. Coun- cil Member Bilo 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. ORDINANCE NO. SERIES OF 1982 * * * * BY AUTHORITY A BILL FOR * * COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER BRADSHAW • I . • July 19, 1982 Page 7 • • • AN ORDINANCE REPEALING AND REENACTING PORTIONS OF TITLE XI OF THE ENGLEWOOD MUNICIPAL CODE OF '69 TO MORE PRECISELY DEFINE ACTS PROHIBITED IN CERTAIN CRIMINAL OFFENSE ORDINANCES. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 31, SERIES OF 1982, ON FIRST READING. Council Member Fitzpatrick sec- onded 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. ORDINANCE NO. SERIES OF 1982 * * * * BY AUTHORITY A BILL FOR * * COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE REPEALING SECTIONS 11-6-14, UNLAWFUL TO POSSESS BURGLAR TOOLS, 11-6-22, LOITERING PROHIBITED, 11-6-23, LOITER- ING NEAR SCHOOL PROHIBITED, 11-6-24, UNLAWFUL CONGREGATION, 11-7-16, TAXICAB CRUISING, AND 11-8-11, ASSAULT OR INDECENT ACTS. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 32 , SERIES OF 1982, ON FIRST READING. Council Member Fitzpatrick 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. Council M mber Neal expressed appreciation for Council Meaber Bradshaw's and City Attorney D Witt's efforts in going to the work r quired in preparing Council Bills No. 31 and 32. * * * * * * • I • • • July 19, 1982 Page 8 • • • City Attorney DeWitt stated Council Bill No. 37 was not the normal course of action to take in the matter of entering into a contract with Owen Engineering and Management Consultants, Mr. DeWitt stated the proper action would be by motion. COUNCIL MEMBER BRADSHAW MOVED TO TABLE THE WHOLE ISSUE UNTIL THE FIRST MEETING IN AUGUST. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw. Council Members Higday, Otis. The Mayor declared the motion carried. City Attorney DeWitt stated he would bring the matter back in motion form. * * * * * * City Attorney DeWitt discussed a council bill concerning the parking lot lease. Mr. DeWitt suggested tabling the matter. City Attorney DeWitt stated recent information necessitates the need for further evaluation. Council Member Neal stated there was nothing he wanted to do to prevent Cinderella City from becoming more successful and was willi ng to cooperate in working with them in allowing parking at Cinderella City. Mr. Neal requested that within the next 30 days Council have an opportunity to talk with or have some wr itten response from Cinderella City in regard to the rumors about King Soopers leaving the City. Mr. Neal stated this matter is of in- tense interest to the majority of the citizens in the City and Council should solicit Cinderella City's and Kravco's remarks in regards to King Soopers. Council Member Fitzpatrick sta t ed other stipulations as to changes in what areas of the parking lot would be increased in lease longevity is of concern as well, COUNCIL MEMBER FITZPATRICK MOVED TO TABLE. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Memb ers Higday , Nea l, Fitzpatrick, Weist, Silo, Bradshaw, Otis. Non • • I • • • • • July 19, 1982 Page 9 The Mayor declared the motion carried. * * * * * * City Attorney DeWitt informed Council his office has com- pleted the transaction on 3441 South Bannock. Copies of documents will be forwarded to Council. Arrangements are being made for the elderly occupant of the property to remain until her affairs are straightened out and she can move into other housing. * * * * * * City Attorney DeWitt informed Council his office has com- pleted the process of exchanging property at McLellan Reservoir. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO SET A SPECIAL MEETING ON JULY 26, 1982, AT 7:30 P.M. FOR THE PURPOSE OF RECEIVING FROM PLANNING AND ZONING THE URBAN RENEWAL PLAN. Council Member Brad- shaw seconded the motion. Upon a call of the roll, the vote resulted as follows: July 26. Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council decided to have a study session at 5 :00 p.m . on * * * * * * Assistant City Manager Vargas presented a Council Communi- cation from the Parks and Recreation Department requesting approval to install a banner over South Broadway announcing the production of •sawdust in My Shoes• on August 5 -7. Mr. Vargas stated it has been discov red the poles on which the banners are normally hung are in poor condition and possibly could not hold the weight any more. The Public S rvice Compoany suggested an alternate location where the poles are of steel. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE I NSTALLATION OF THE BANNER ON JULY 28 AND MA I NTA INED THROUGH AUGUST 7 ON THE AL - TERNATE LOCATION ON THE STEEL POLES. Council M mber Fitzpatrick aeconded the motion . Upon c 11 of the roll, the vote resulted as follows: • I • • • July 19, 1982 Page 10 /\yes: Nays: • • • Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Council decided to meet with Mr. Gasson and Mr. Kaufman and then go into executive session following this meeting. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO REOPEN THE PUBLIC HEAR- ING ON THE 1983 OPERATING BUDGET. Council Member Higday 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. Harry Fleenor, 3383 South Corona, appeared before Council . Mr. Fleenor stated since his appointment to the Court Advisory Com- mittee, he has been studying the budget. Mr. Fleenor suggested adding another se c tion to each summary page which would be as s igned as •contingency•. This section wou l d be for surp l u s mon i es. Mr. Fleenor proposed implement i ng thi s idea i n the j udi c iary depart - ment and to review its effe c tive nes s a f ter one year. There we r e no fu r the r com ments . CO UN CIL MEMB ER NEAL MOVED TO CLOSE THE HE ARI NG. Council Me mbe r Fitz p atrick seconded th motion. Upon call of the roll , the vote resulted as follo ws: Ayes: Nays: Council M mb rs Higday, N al , Fitzpatrick , Weist , Bilo , Bradsha w, Ot is. None . Th• Ma y or declared the motion carried. * * * * * * I • • - • July 19, 1982 Page 11 • • • There was no further business to be discussed • • • • • • • COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:33 p.m. • I • • • • • COUNCIL CHAMBERS City of Englewood, Colorado July 19, 1982 \ QJ REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 19, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by The Reverend George I. Welch, Saint George's Episcopal Church, 3600 South Clarkson Street. The pledge of allegiance was led by Boy Scout Troops No. 115 and 154. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis. Absent: None. Mayor Otis declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Vargas City Attorney DeWitt Director of Wastewater Treatment Owen Director of Engineering Services Diede Deputy City Clerk Watkins * * • * * * Council Member Bradshaw noted an addition to the minut s of July 28, 1982. On page 7, second lin , add after •structures• - •on west side of channel•. COUNCIL MEMBER NEAL MOVED TO APPROVE SPECIAL MEETING O JUN 28, 1982, AS AMENDED. shaw seconded the motion. Upon a c 11 of the resulted as follows: THE MINUTES OF THE Council Member Brad- roll, the vote Ayes: Council Members Neal, Fitzpa rick, W 1st, Bilo, Bradshaw, 0 la • • I • • n - r • July 19, 1982 Page 2 Nays: Abstain: • • ,· • None. Council Member Higday. The Mayor declared the motion carried. * * * * * * Council Member Bradshaw noted a correction to the minutes of July 6, 1982. On page 8, the proper spelling of the council member from Sheridan is •crookham•. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 6, 1982, AS AMENDED. Council Member Bradshaw 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 BRADSHAW MOVED TO 'APPROVE THE MINUTES OF THE SPECIAL MEETING OF JULY 12, 1982. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: 'Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. Nays: 'Abstain: None. Council Member Bilo. The Mayor declared the motion carried. * * * * * * There were no pre-scheduled visitors. * * * * * * There were no other visitors. * * * * * * • I • • • July 19, 1982 Page 3 • • • COUNCIL MEMBER FITZPATRICK MOVED TO OPEN THE PUBLIC HEAR- ING FOR CITIZENS INPUT RELATING TO GENERAL REVENUE SHARING FUNDS. 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. City Manager Mccown stated it has been the practice to place general revenue sharing funds in the Public Improvement Fund. Last year the funds were used in the General Fund and a like amount was transferred to the Public Improvement Fund. Mr. Mccown stated the purpose of this hearing was to receive citizen input for the use of the general revenue sharing funds. Mayor Otis asked for comments from the audience. No one responded. COUNCIL MEMBER NEAL MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higd a y, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • * * • * * COUNCIL MEM BER NEAL MOVED TO OPEN THE PUBLIC HEARING FOR CITIZENS INPUT RELATING TO THE 1983 OPERATING BUDGET. Council Mem- ber Bradshaw seconded the motion. Upon a c all 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. City Manag r Mccown stated staff is putting together th budget for 1983 which will be submitted to Council in September. Mr. Mccown stat d this haring is not required but is conducted for I • • r"I ·-• • - July 19, 1982 Page 4 the purpose of receiving input from citizens so their ideas can be considered during the budget preparation. Mayor Otis asked for comments from the audience. Jan Andress, Director of Town of Littleton Cares-Meals on Wheels, appeared before Council. Ms. Andress stated her agency is a non-federal, non-state supported program that helps senior citi- zens in Englewood and Littleton by serving them one hot meal a day Monday through Fridays. Ms. Andress requested Council's consi- deration of $2,500 in the 1983 budget to financially assist her agency. In response to questions from Council, Ms. Andress stated the program serves more senior citizens in Englewood than Little- ton. She stated for the first six months of 1982, she has served 3,825 meals to approximately 50 senior citizens in Englewood. She further stated the program asks $2.00 a day from recipients six of which can not afford to pay at all. Counci l Member Bradshaw asked Ms. Andress to provide her request in writing so Council wil l have documentation. There were no other requests. COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING. Council Member Silo seconded the motion. Upon a call of the roll, the vote resulted as fo ll ows: w re: Ayes: Nays: Council Member s Higday, Neal, Fitzpatrick, Wei st , Silo, Bradshaw, Otis. None. Th e Mayo r declared the motion car r ied • * * * * * • •communications -No Action Recommended• on th agenda (a) Mlnut s of th Urban Renewal Authority meeting of June 2, 1982. (b) Minu es of h Board of Adjustment and App als meeting of June 9, 1982. (C) Minutes of th Planning and Zoning co-1 slon me ings of June 15 and 29, 1982. I • • - July 19, 1982 Page 5 (d) • • • Mi nutes of the Liquor License Authority mee ti ng of June 23, 1982. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT "COMMUN I CA - TIONS -NO ACTION RECOMMENDED" AGENDA ITEMS 5 (A) -(D). Counc i l Member Bradshaw seconded the mot i on. Upon a call of the roll, the vote resulted as follow s : Ayes: Nays: Coun cil Members Higday, Neal, Fitzpatrick, We i st, Bi la, Bradshaw, Otis. None. The Mayor d e cla r ed t h e motion c arrie d . * * * * * * COUNC IL MEMB ER NEAL MOVED TO BRING FORWAR D AGEN DA ITE M 8 (A) CONCERNING THE SEA LCO AT PR OG RAM 1982 . Co uncil Mem be r Brad- shaw s e c onded t h e mot ion. Upo n a call of t h e r oll , the v ote re s u l ted as fo llo ws: Ayes : Nays: Council Member s Hi g d a y , Neal, Fit zpa t r ic k, We i s t , Bil a, Bra dsha w, Otis . No n e. The Mayor declared the motion carried. Director Diede presented a Council Co mmunication from the City Manager concerning the a ward of construction contract for the Sealcoat Prog r am 1982 . Mr . Diede stated three bids were received and the lowest bid was from Gil-Son Paving Company in the amount of $85 ,022.65. Mr. Di de proposed combining the funds left over from this bid award and the monies left over from omitting Section B from Paving District No. 28 and work on additional blocks. Mr. Died stated the combina ion of monies would amount to $95,801.58 and would allow !or approxima ly 15 mor blocks to be overlay d or chip eal d. COUNCIL MEMB R FITZPATRICK MOVED TO AWARD THE BID FOR THE SEALCOAT PROGRAM 1982 TO GIL-SO N PAVING COMPANY IN THE AMOUNT OF $85,022.65; AND THAT TH REMAINING MONIES IN THE AMOUNT OF $95,801.58 B USED TO DO AS MANY ADDITIONAL STREETS AS THE CITY CAN DO IN OVERLAY OR CHIP SEAL. Council M mber Neal second d the mo ion. Upon a call o! h roll, he vo • reaul ed as follows: Ayes : Council Memb r Higday, Ne 1, Fi zpa rick, w la , Bilo, Bradshaw, O ia. I • • - • July 19, 1982 Page 6 Nays: None. • • • The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER NEAL MOVED TO BRING FORWARD AGENDA ITEM 8(8) CONCERNING AWARD FOR A CONTRACT RELOCATING LIQUID OXYGEN STORAGE TANK. Council Member Bradshaw 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 carr i ed. Director of Wastewater Treatment Bill Owen came forward and presented a Counci l Communication from himself requesting ap- proval and award of a contract for construction work associated with relocating liquid oxygen storage tank to G. w. Starbuck Com- pany. Director Owen stated two bids were received, the lowest one from G. W. Starbuck Company for an amount of $24,367.00. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE CONTRACT FOR CONSTRUCTION WORK ASSOCIATED WITH RELOCATING LIQUID OXYGEN STORAGE TANK TOG. W. STARBUCK COMPANY IN THE AMOUNT OF $24,367.00. Coun- cil Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Coun cil Members Higday, Neal, F i tzpatr ic k, Wei s t, Silo, Brad s haw, Oti s . None . Th Mayo r declar d the motion carried. ORDI NA NCE NO. SERIES OF 1982 * * * * BY AUTHORITY A BILL FOR * * COU NCIL BILL NO. 31 I NT RODUCED BY CO UN CIL MEMB ER BRA DS HAW • I • • n - • July 19, 1982 Page 7 • • - AN ORDINANCE REPEALING AND REENACTING PORTIONS OF TITLE XI OF THE ENGLEWOOD MUNICIPAL CODE OF '69 TO MORE PRECISELY DEFINE ACTS PROHIBITED IN CERTAIN CRIMINAL OFFENSE ORDINANCES. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 31, SERIES OF 1982, ON FIRST READING. Council Member Fitzpatrick sec- onded 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. ORDINANCE NO. SERIES OF 1982 * * * * BY AUTHORITY A BILL FOR * * COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE REPEALING SECTIONS 11-6-14, UNLAWFUL TO POSSESS BURGLAR TOOLS, 11-6-22, LOITERING PROHIBITED, 11-6-23, LOITER- ING NEAR SCHOOL PROHIBITED, 11-6-24, UNLAWFUL CONGREGATION, 11-7-16, TAXICAB CRUISING, AND 11-8-11, ASSAULT OR INDECENT ACTS. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 32, SERIES OF 1982, ON FIRST READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ay a: Nays: Council Members Higday, Neal, Fitzpatrick, W 1st, Silo, Bradshaw, Otis. None. The Mayor d clared the motion carried. Council Member N al expressed appreciation for Council Meaber Bradshaw's and City Attorney O Wit 's efforts in going to the work required in prep ring Council Bills No. 31 and 32. * * * * * * • I • • July 19, 1982 Page 8 • • - City Attorney DeWitt stated Council Bill No. 37 was not the normal course of action to take in the matter of entering into a contract with Owen Engineering and Management Consultants. Mr. DeWitt stated the proper action would be by motion. COUNCIL MEMBER BRADSHAW MOVED TO TABLE THE WHOLE ISSUE UNTIL THE FIRST MEETING IN AUGUST. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw. Council Members Higday, Otis. The Mayor declared the motion carried. City Attorney DeW i tt stated he would bring the matter back in motion form. • • • • • • City Attorney DeW i tt discussed a council bilj concerning the parking lot lease. Mr. DeWitt suggested tabling the matter. City Attorney DeWitt stated recent information necessitates the need for further evaluation. Coun cil Member Neal stated there was nothing he wanted t o do to prevent Ci nderella City from becoming more successful and was willing to cooperate in work i ng with them in allowing parking at Cinderella City. Mr. Nea l requested t hat within the next 3 0 days Council have an o pportunity to talk with or have some written response from Ci n der ell a Ci ty i n regard to the rumors about King Soopers l eaving t he City. Mr. Nea l s ta te d thi s matter is of in- tense in t ere st to the majo r ity of t h e citi zen s in t h e City a n d Coun cil s h ould solicit Cinderella City 's and Kr avco 's r mar k s in r g a rd s to King Soop rs. Council Me ber Fitzpatrick stated other stipula ions as to chang s in what areas of the perking lot would b incr a ed in l ea e longevl y is of concern s w 11 . COU NCIL MEMB R ITZ PA TRICK MOVED TO TAB LE . Council M mber Bilo s conded he mo ion. Upon a cell of the roll , the voe r esulted as follo ws: Ay es: Nays: Council M mb rs Hi g d ay, Neal , Fitz p atrick , w lat , Bilo , Bradsha w, 0 ls . None. • I • • • • • July 19, 1982 Page 9 The Mayor declared the motion carried. * * * * * * City Attorney DeWitt informed Council his office has com- pleted the transaction on 3441 South Bannock. Copies of documents will be forwarded to Council. Arrangements are being made for the elderly occupant of the property to remain until her affairs are straightened out and she can move into other housing. * * * * * * City Attorney DeWitt informed Council his office has com- pleted the process of exchanging property at McLellan Reservoir. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO SET A SPECIAL MEETING ON JULY 26, 1982, AT 7:30 P.M. FOR THE PURPOSE OF RECEIVING FROM PLANNING AND ZONING THE URBAN RENEWAL PLAN. Council Member Brad- shaw seconded the motion. Upon a call of the roll, the vote resulted as follows: July 26. Ayes: Nays: Council Members Higday, Neal, Fitzpatr ick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council decided to have a study session at 5:00 p.m. on * * * * * * Assistant City Manager Vargas presented a Council Communi- cation from the Parka and R crea ion D partment requesting approval to install a banner over South Broadway announcing the production of •sawdust in My Shoes• on August 5 -7. Mr. Vargas stated it has b n dlscov rd the pole on which the banners ar normally hung ar in poor condition and possibly could not hold the weight any •ore. The Public Servic Compoany suggested an alternate location where the pole are of s eel. COUNCIL MEMBER BRADSH AW MOVED TO APPROVE THE I NST ALL AT ION OP TH BANNER ON JUL Y 28 ANO MA INTAI NE D THROUGH AUGU ST 7 ON THE AL - TERNATE LOCATION ON THE STE L POLS. Council M mb r Fitzpatrick seconded the •otion. Upon a call of he roll, the vote resulted as follows: • I • • ~- July 19, 1982 Page 10 Ayes: Nays: • • - Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Council decided to meet with Mr. Gasson and Mr. Kaufman and then go into executive session following this meeting. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO REOPEN THE PUBLIC HEAR- ING ON THE 198 3 OPERATING BUDGET. Council Member Higday 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. Harry Fleenor, 3383 South Corona, appeared before Council . Mr. Fleenor stated since his appointment to the Court Advisory Com- mittee, he has been studying the budget. Mr. Fleenor suggested add i ng another section to each summary page wh ich would be assigned as •contingency•. This section wou ld be for surplus monies. Mr . Fleenor proposed implementing this idea in the judici ary depart- ment and to review its effectiveness after one year. Ther w r no further comm nts. COUNCIL MEMBER NEAL MOVED TO CLOSE THE HEARING. Council M mber Fitzpatrick seconded the motion. Upon a call of the roll, the vote re ult d as follows: Ay s: Nays: Council Memb rs Higday, Neal, Fitzpatrick, W 1st, Bilo, Bradshaw, Otis. None. The May or declared the motion carried. * * * * * * • I • • - • • July 19, 1982 Page 11 • • • There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:33 p.m . • I • • • • • ROLL CALL Moved Seconded Ayes Na y Absent Abstain H1oda v Near Fltznatrick Weist Bi lo Bradshaw Otis ~ /iJ &c~ &1:o ~~ 'l~,24! A~r--cJ. U)Jd, <Y~ ~ ))/"end;, #a/IS C) d hS'l-- w '1-o ~ ,_ + //J. I u ~ l<_,U /_ };,c. .. { 7( I . . • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQOav v Neal V Fi tzoatrick ~ Weist ~ Bi lo v- Bradshaw v- Otis - I • • • • • -• • ROLL CALL Moved Seconded Ayes Na y Absent Abstain HiQday '- y' Neal \ Fitzoatrick I Weist I Bi lo I llllllltr ~ Bradshaw 1 Otis l /d- ,, I • • • • - • • ROLL CALL Hoved Seconded Ayes Nay Absent Abstain H1<1day \ Neal I L/" Fi tzoatrick I Wei st I Ri lo I V Bradshaw I Otis \ ..... I . • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qday v Neal Fl tzoatrick Wei st I Rj lo ~-,..--Bradshaw Otis I 1~ I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain IA. f l,{ c.. &v 'k./ f/)' . ..L fo -/u~ 11~ ),~ 6 -?·t ~ _,,(,L _<,(1 ...,.,..__ 121r 4 <-LI ) ::IV M--F UL -/U-~z ,,,t. ,i._ Ct ,/ ;-bJI ~A'-' I r-' - I . . • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1Qdav "\ V' Neal \ Fltzoatrick 1 Weist 7 Bi lo I J,--Bradshaw 1 Otis \ ' I • • • • • • • ROLL CALL Moved Seconded en Ayes Nay Abs t Ab s tain H1nt1ay ' ~ Neal I Fitzoatrick I Wei st 7 Bi lo I v----Bradshaw I Oti s \ -.-,, ~ ~o A:, ,-r .-,/JLJ-/.. 7-L~ ,_/' ~ /1 -<' ;.,J:J,{/ , (~ .... ~------------ . 0. /j L '-' ) 7 d /( I ~ z;_ ~{{ rlld' (!,{ l/•:/:lJ ~1 6 Jl I ,J}, 1 I ) 1~n ..-/ U I . • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstai n H1qdav Neal Fi tzoat rick Wei st Bi lo Bradshaw Otis • I . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain \ V H1gday I Neal I Fitzoatrick 7 Weist I v--Bi lo I Bradshaw I Otis \ \.. I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1gday Neal J...---Fltzoatrick Weist Bi lo I-/' Bradshaw Otis d I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain -H1odav I V Neal I Fi tznatrick I Weist I Ri lo I v--Bradshaw I Otis l "--... ~ -~t~di, ~ ~ Y~ r I . • • - • I I I I l • • • ROLL CALL Moved Seconded Aye s N a y Ab sent Ab s ta i n HIQ<lay Neal Fltzoatrick Weist Bi lo Bradshaw Otis ~!!~ ~ .. IS-,, 'fJ= >11.j ~ -rg S, o.;i~. 6 5' 'Fl' -~ :/YY'l,'~ !,, ? ,J fi1 ~Uwu ~ (!_ l1A.. r-~·. ~~be-~ ~~ I . • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlodav I V Neal I y Fitznatrick I Weist I Bi lo ---Bradshaw I Otis I /J!J/11 IM .c-- OA__u-vid '-IJ<<L • ~ cf 'J I .1/o <1-J: >Of ~· --1~~ 3 C/s~ cf!J / s -~ r ~ C -,,__ .,.-___ ,e 4 )0 ,._f ~ U&->-Lo • • I . . • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain -H1gaay \ V Neal 1 Fi tzoatrick I Wei st I Bi lo I ,._...---Bradshaw I Otis \ -..;:: • • I • • • • - • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1Qdav Neal Fltznatrick Weist Ri lo Bradshaw Otis ;iu fJu;e "( v1 °' lj -~· .~ vyvJJ: °df v> o!__ .'20 ~ a_) ,,~ -'Y)'l.. ri.£,,1'ld_ fe_1..) 'V-//. f1 "J /71 "41, JD 7 • I . • • - • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain t11Qdav ' Neal \ v-Fltzoatrick I Weist 7 Ir" Bi lo I Bradshaw 7 Otis I \__ ~ r-~c; .;t,1 &.Jr ;;$Z,)~ • I . • - • • ROLL CAL L Mo ved Se co n ded Aye s Na y Ab s e nt Abstain l{1adav ' Neal I V Fi tznat rick I Wei s t I Bi lo I I.,/" Bradshaw I Oti s \ \ • • I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Htodav ' Neal J ~ Fltznatrick I Weist I Bi lo I ,._. Bradshaw I Otis \ '- • • I . • • • - • • ROL L CAL L Mo ve d Secon ded s e n Aye s Na y Ab t Ab st a in H1Qdav Neal Fl tzoatrick Wei s t Bi lo Bradshaw Oti s 1~ . • I . • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqday .- Neal \ v' Fl tzoatrick l Wei st I Bi lo I V Bradshaw '- Otis - • I • • • • • - • • ROL L CAL L Move d Secon de d Ayes Na y Absent Ab s ta i n H1 q day Neal -V Fitznatrick Wei s t ,_ Bi lo Bradshaw Otis • • I . • • • • ~-• • ROLL CALL Moved Seconded Ayes Nay Absent Abstain \ H1odav 1 Neal 7 ,.,--Fitzoatrick I Weist I , ____ Bi lo I Bradshaw I Otis \ "' • I • • • • • - • • ROLL CALL Moved Seconded Ayes N ay Ab sent Ab sta i n Hfqdav Neal Fi tzoat rick Weist Bi lo Bradshaw Otis • I . • • - • Moved Seconded ROLL CALL Fitz at rick Weist Bi lo Bradshaw Otis • • • Ayes Nay Absent yJU' "1' y,t..'J-il-l A ,,J §'., riJ (! rr, t/<-1 t0. t ru, t1!v' • Abstain I . • • - • • ROLL CALL Moved Seconded a1n Ayes Nay Absent Abst · HiQday Neal Fltznatrick Wei st Bi lo Bradshaw Otis g ~ ~LEJ 41 fJ_;_&, (;~~ ~< 6J'Jl_. ~,:,}-16 ~ta» 1--a,,,,nl,J a&U'J<J s /~~~, ~~~ 1 ~.M /U d.,. ,,(_ K.. frrf YI ~ II r~rk • I . . • • • • • ROLL CALL Moved Seco nded ~s Nay Abs ent Ab s tai n Riadav ' Neal I v-Fltznatrick I We i s t I Bi lo I v Brad s haw I Oti s t \_, I . • • Moved • - Seconded V - ROLL CALL H1qday Neal Fitzoatrick Wei st Bi lo Bradshaw Oti s . .Lt.. IJ J,I • • • Ayes Nay Absent -\ I I I I I \ ' ( <! / l --C/. ..;J )'1• ~IX.., 4 (_;;"')':I .lj /f' 1 rt t,.( . -a '~ ~1· /11.i < -*~~ /)'/ 'f <; "'-<c..v • Abstain I • • ~- • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1oday Neal Fitznatrick Wei st Bi lo Bradshaw Otis y;ur~ .,rn -;tud.,. ~ fop} £ .:L<4 ,<!.fil t; .,,,,.,.ay., ,d-~ ~ ~civ ~1,VW • '>--~d.-<_2'.A )'-~ c_ ~ 1 ~42&'d h,ye ,~L,/ /U'K/. ~ ~--..-.1.17~ t) /YU r ~-~ n:Z: ?'?J//-t'y. =') .fl/u-1. A~ r.2..-10h d r 1 • I . • • • ,· ROLL CALL Moved Seconded Ayes Na y Abs ent Abstain " H1goay ...---Neal ~ Fi tzoatrick Wei s t I Bi lo I Bradshaw r Otis \ I • • • - • • 7 :30 P.M . l. • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JULY 19, 1982 JJ'f)r /(ftµ> / r Call to order, invocation by The Reverend George I . Welch, Saint George's Episcopal Church, 3600 South ~ Clarkson Street, pledge of allegiance by Boy Scout.-.p,u Troop No . 115 and 154, and roll call. d Minutes . (a) Minutes of the special meeting of June 28, 1982 . (Copies enclosed .) (b) Minutes of the regular meeting of July 6, 1982. (Copies enclosed .) (c) Minutes of the special meeting of July 12, 1982 . (Copies enclosed .) 2 . Pre-Scheduled Visitors . (Please limit your pre - sentation to 10 minutes .) 3 . Other Vis i tors . (P l ea s e limit your presentation t o 5 minu te s .) 4 . Pu b lic He aring. (a) For citizens input relating to General Revenue Sharing Funds. (b) For citizens input rel~ting to the 1983 Operating Budget . -tnu n, LL '-6.Lo.. . -f 7 , :,-flJ C0D111unications -No Action Recommended. (a) Minutes of the Urban Rene wal Authority meeting of June 2, 1982. (Copie encloaed.) • I • • • • • - Page 2 July 19, 1982 Agenda 5 . Communications -No Action Reconunended (Continued). (b) Minutes of the Board of Adjustment and Appeals meeting of June 9, 1982. (Copies enclosed.) (c) Minutes of the Planning and Zoning Commission meetings of June 15 and 29, 1982 . (Copies enclosed .) (d) Minutes of the Liquor License Authority meeting of June 23, 1982. (Copies enclosed.) 6. Conmunications -Action Recommended. 7 . City Attorney . 8 . Bills for Ordinances. (c) Bill repealing and reenacting portions of Title XI of the Englewood Municipal Code of 1969 to more precisely define acts prohibited in certain criminal offense ordinances. (Copies enclosed .) Bill repealing Sec tions 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, Assaul t or Indecent Acts. (Copies enclosed .) Bill approving an agreement for professional management services between Owen Engineering and Management Consultants and the Cities of Englewood and Littleton, Colorado, for operation and maintenance of the Wastewater Treatment Facility . (Copies enclosed.) Bill amending the lease between the City of Englewood and Kravco concerning the Cinderella City parking lot . (Copies available at meeting .) Other Matters . ( ) Attorney's City Manager . (a) Council Communic tion from the City Manag r cone ming t he w rd of conatruction contract for th Sealcoat Program 1982 . (Copi s ncloa d .) I • • - • • • • • Page 3 July 19, 1982 Agenda 8. City Manager (Continued). 9. 10. AM./sb (b) Council Communication from the Director of the Bi-City Wastewater Treatment Plant to approve and award a contract for construction work associated with relocating Liquid Oxygen Storage Tank to G. W. Starbuck Company . (Copies enclosed.) (c) Manager's Choice«:" 'tf':,cuJ r?"nL4.. m 1-c2.b-f .a.. a..f ?:..3 1) Im Yi-!I..L-c.t-£'>'X ~V>/... )1,,-u_,..;«c,( /J.1.th-J . . -'cf~ ''...!a,u/ZLLLJ .,L;,.. .rr.,,_J..s· iµ..," General D1.scuss1.on . /T) $. 13u:.,,,_d,,.ud.. . o (a) Mayor's Choice. -~-'x... ~ /LL,uz.,v-~11-~ (b) Council Member's Choice. 11_ ! X 1-:!};J;. -~ ~-,<_ ~7~ ,(',,e-;riZ,_~~ Adjournment . j',' .1.;;Z, ~e,,b.,rn -/)YU.L,/--tu/4.o.~,-, .... /-(~,YL<-'"-; c~ ~~;~;~~ • I • • • S PECIAL MEETING: • • • COUNCIL CHAMBERS City of Englewood , Colo rado Jun e 28 , 1982 I (L , Th e City Co un cil of the Cit y of Englewood, Arapaho e Count y, Colorado, me t in special session on June 28, 1982 , at 7:30 p.m. Mayor Otis , presiding , calle d the meeting to order. The invocation was given by Council Member Tho mas Fitzpatrick . The pledge of allegiance was l ed by Mayor Eugene Otis . Mayor Otis asked for roll cal l. Upon a call of the roll , the following were present: Council Me mb ers Neal, Fitzpatrick , Weist, Bilo , Bradshaw , Otis . Absent: Council Member Higday. The Mayor declared the a quorum present . * * Also present were: * * * * * * City Manager McCown Assis an City Manager Vargas City A torn y DeWitt Director of Public Work s Waggoner Director of Engineering Services Diede DirPctor of Utilities Fonda Assis ant Director of Community Development-Planning Romans D pu y Ci y Clerk Watkins * * * * COUNCIL MEMBER FITZPATRICK MOVED TO OPEN THE PUBLIC HEAR- ING TO CONSIDER THE ORDINANCE TO AMEND THE COMPREHENSIVE ZONING OR- DINANCE OF Tllf. CITY OF ENGLEWOOD , COLORADO , BY PROVIO(NG FOR TIIE PERMI'rTING Of' CERTAIN AMUSEMENT OR ENTERTAINMENT BU!;!Nf;;.,~ " A S CON- DITIONAL USES WITHIN THE CO MMERCIAL 8-1 AND B-2 ZONES. Council Member Bradshaw cond d h motion. Upon a call o h r oll , th vo r sul .d s foll<>ws: • I • June 28, 1982 Page 2 Ayes: Nays: Absent: • • • Council Members Neal, Fitzpatrick, Weist , Bile, Bradshaw, Otis. None. Council Memb er Higday . The Mayor declared the motion carried. Assistant Director of Communit y Development -Plann i ng, Dorothy Romans, appeared before Council and provided information concerning the proposed amendment to the Comprehensive Zoning Or- dinance that would provide for the permitting of certain amusement or entertainment busin esses as co n diti ona l uses within Commercial B-1 and B-2 zones. Ms. Romans stated the recommendation of the Planning and Zoning Commission is to amend Section 22.4-10 hand 22.4-11 h which would make amusement establishments or commercial e nt e rtainment establishments conditional uses and requir ed to follow certain pro cedu r es . There were no questions from Council at this time. Mayor Otis then asked for comments from the a udience. Rick Forbes, detective of the Englewood Police Department , appeared before Council and spoke in favor of the amendment . D - tecti ve Forbes read a letter from Englewood Police Division Chief Stanle y to Ms. Romans in favor of controlling the establishm ents and recommended the owners of these centers come under some type of s ringent backgro un d investigation procedure prior to th J i ce n se to operate being issued . Detective rorbes stated the reason being is Lo co n rel thes pl«c<>s from I> coming th ccnlers of crimin«l ilC ivity. Mr. Forbes told of two arcade investigations in whi ch he is currently involved having to do with criminal charges on the owners. Mr. Forbes stated he would like to see the owner apply for a license similar to the process of a liquor license applicant wh reby an investigation of the applica n would uncov r any crimi nal background that would b subject to liens ap prov al or denial. Francs Schaff r, Engl wood Busin s Association, «pp rd b for Council in support o! reviewing the owners of amusement cen- t rs prior ob ing allow d to op rt in h Cl y. his m is us dur • for Council a stat d he lie nsing proc - d aling wf~h the I • • - " • June 28, 1982 Page 3 • • • licensing procedures for Council's consideration by the first of August. There were no other speakers at this time. COUNCIL MEMBER NEAL MOV ED TO CLOSE THE PUBLIC HEAR ING . Council Memb er Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follow s: Ayes: Nays: Absent: Council Memb ers Neal, Fitzpatrick, We is t , Bi lo , Br ads haw, Otis • None. Council Member Higday. The Mayor declared the motion carried. ORDINANCE NO. 28 SERIES OF 1982 BY AUTHORITY COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE TO AMEND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, BY PROVIDING FOR THE PERMITTING OF CERTAIN AMUSEMENT OR ENTERTAINMENT BUSINESSES AS CONDITIONAL USES WITHIN THE COMMERCIAL B-1 AND B-2 ZONES AND DECLARING AN EMER-GENCY. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 35, SERIES OF 1982, ON FINAL ~EADING . Council Member Neal seco nded the motion. COUNCIL MEMBER BILO MOVED TO AMEND THE EMERGENCY CLAUSE BY INSERTING "MAY" BET WE EN "THEY" AND "HAVE" IN THE SECOND LINE AND BY STRIKING "CH ILDREN STAYING OUT LATE AT NIGHT, NOT GOING TO CLASS" AND INSERTING "CURFEW VIOLATIONS, TRUANCY" IN THE THIRD LINE. Coun- cil Memb r Fitzpatrick seconded he motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ay S: Council Member s N cl l, Fitzpatrick, w is t , Bi lo, Br dshaw , Otis. Nays: None. Abs nt: Council Member Higday. Th M yoc d clar d th mo ion C rri d. • I • • • Jun e 28, 1982 Pa g e 4 • • • Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Council Members Neal , Fitzpatrick , Weist, Bilo , Bradshaw, Otis. Nay s : Non e . Absent: Council Member Higday. The Mayor decl a r e d th e mo tio n carri e d. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO BRING FORWARD AGENDA I TEM 2(C) -AN INDUCEMENT RESOLUTION FOR ISSUANCE OF INDUSTRIAL DEVEL OP- MENT REVENUE BONDS FOR A PROJECT FOR MRS. NANCY M. MAGILL. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Nays: None. Ab se nt: Council Memb e r Higd a y. The Mayor declared the motion carri e d. City Atto rn e y De Wi tt no ed Bill La mm, legal couns 1 for the Magi ll s i n h e matt r has withdra wn . Mr. DeWitt stated h ne w c oun s el ha s r e v ie wed a n d ap p ro v ed h resolu ion . RP.SOL UTIO N NO . 10 si::nrns OF 1982 A RESOLUTCON AGREEING TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS TO FINANCE A PROJECT FOR NANCY M. MAGILL . COUNCIL MEMBER BR ADS HAW MOVED TO PASS RESOLUTIO NO. 30 , SERIES OF 1982 . Council M mber Fi zpa ricks cond d h mo ion . In response to Co u ncil Member N al' ager Mcco wn stated the application was submi nancial ad v isor who re v ie we d it and wrot a le concur r ence . City Man- o Ci y 's fi- r s at 1 ng h i r Council M mbc>r Bilo ilSk•d if th r w,,. ,,ny oh] l<J, liun on tit,• City <'<ll\C'l'rrlin,J thi:; issu<'. • I • • June 28, 1982 Page 5 • • • City Attorney DeWitt stated there was no obligation to pay off note. The City technically lends its name to the issu e . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal , Fitzpatrick, Weist , Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO BRING FORWARD AGEN DA ITEM 2(8) -A RESOLUTION ADOPTING NOTIC E OF SALE OF BONDS FOR PAVING DISTRICT NO. 28. Council Member Neal seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Nays: Absent: Council Member s Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis . Non e . Council Member Higday. The Mayor declared the motion carried . City Manager Mccown stated this resolution puts (orlh th notice of sale for special assessm e n bonds for Paving Distric No. 28 . Mr. Mccown advis d Council of the n c~ to st up a Gp ec i a l meting for the award of he bond s ale . Mr. Mccown s tat d h da e c ould be set at h n xl regular m et ing. Rt S OLUTION NO. 3 1 SERIES OF 1982 A RESOLUTION PROVIDING FOR THE NOTI C E OF SALE OF S PECIAL ASSESS- MENT BONDS FOR PAVING DISTRICT NO . 28, IN THE PRINCIPAL AM OUNT OF $472,600. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 31, SERIES OF 1982. Council Member Bradshaw second d th motion. Council M mber Bilo opposed th motion. Upon a c 11 or h roll, h vote r sul d s (oll n ws : I • • In - June 28, 1982 Page 6 • • - Ayes: Council Members Neal , Fitzpatrick , Weist, Bradshaw , Otis. Nays: Council Memb er Bile . Absent: Counc il Memb er Higday . The Mayor declared the motion carried . * * * * * * * Discussion ensued on Alternative No. 3 on Little Dry Creek . Mr. Mccown stated sometime back the City hired Wright McLaughlin Engineers to develop various alt rnntives [or Lilt l e Dry Creek which would provide for eliminating the 100 year flood plain within the City of Englewood and also to conform to the downtown plan. Four alternatives wer e submitted to Council ; and tenta- tively , the Council has adopted Alternative No. 3 . The purpose of this section of this meeting is to hear any further comments from the citizens in regard to this particular alternative. Mr. McCown stated repr esentati ves of the City's enginee ring staff and representatives from Wright McLaughlin were present to discuss Alternative No. 3 . Council Memb r Fitzpatri c k asked for a brief pr scnLatio n from the engine rs. The engineering representative from Wright McLaughlin stated basic efforts have been the looking at two key alternatives for the downtown area . One of th alternatives (No . 3) would have the inlet at approximately the cxisLing poin o the conduit thaL runs down by Cind r lla City . Th engin er held up a r nd ring of th plan to show how th buildings would b ' developed along the waterway. He stated No. 3 differs from No. 4 in that No. 3 is an open channel and waterway and No. 4 is conduit . The costs for No. 3 were higher han No. 4 , but not sig nifican . Mr. Mccown as ked what w J th diff r nc b tween No. 1 and No. 4 int rm s of th prop rty involv d . The engineer stated Alternativ s basically th sam in that all of h a nd the reason for that is more ment plan than th actual drainag H stat ed th r w re other things that lood control tog t water through, bu d stroy the downtown d velopment plan. As s on the Bannock sid co u ld b taken, co ns ruct sid , and leave th xisting structur son Acom a sid • n ~ r sul s woulcl b plan ha is noL co mp , LibJ • wn i, • h down Lo wn • I • • June 28 , 1982 Page 7 • • - develo pment plan because there wou ld not be the s pac e for th e str uctures. ,'1\ 1 ,r o._ 't t_lL,.,.......-- Mayor Otis asked if remodeling the back side of the build- ings on Acoma Street would fit in with the downtown developm ent plan. The engineer answered no, b ecause several of the bui ldi ngs go way back out into the area of the planned channel. Th e r e are also tec hni cal probl ems , for e xamp le , al l the sanitary sewer lines are in the alley. Mayor Otis asked if there were any qu estio ns from th~ audience . One gentleman, later identified as Ray Ludwig, aske d if there was one alternative that did not require the destruct ion of of businesses alo ng Acoma . Th e engineer stated that was what he had esse ntially <lesc ribed . Mar jo rie Becker , 644 East Yale Place , appea r ed befor e Council . Ms. Becker e ncour aged looking at more than flood control and to ward a total program for downtown improvements . Council Member Fitzpatrick stated he understood the channel could be moved over to th e side walk of Bannock and still accomplis h what the Cit y want s to do ; and yet he was given to understa nd the sewer line running do wn thro ugh the alley would have to be dug up and re-routed . Director Diede s lated Lh se w r line is th line thaL ser vices the businesses and the homes on Bannock . The line wi ll have to be removed in ord r to do almost any hing in the channel o handl e h • 100 y•ar flood. If Lh• C ily co n s rucl cd ;i to th Bannock si<le whi c h ir; h<' w sL sid<' of wh r e th e c ti,,nn •l i !; pr '!,en l ly lo<.:,llP<I 1n /\l l<·rn.illvc No. 1 , h a would th 100 y r flood but wou ld not b compatible with the downto wn plan. Mr. Di de stated if the channel is moved over to h sidewalk on th ast side of Bannock, then buildings will not b adjacent to th channel , they will hav to be across the str et on Bannock . The City can build a 100 year channel to keep the flood plain within th chann 1 banks by moving it to the we sl , but it would not be compatible with th downtown plan. It is something that would b done as an interim , but if th City later wanted to shift the channel it would cause some construction problems and would be more costly to the City . If the City wanted to shift th ch nn 1 to th w st long Bannock in ord r o g'vP the buildings on th Acoma sid mor tim to relocate , that could b ac~omplished , • I • • - • June 28, 1982 Page 8 • • • it would not fit with the downtown plan and would be mor e costly because it would have to be excavated, built and moved later on. Council Member Bradshaw asked if Alternative No. 3 could be modified to still keep the essence of what needs to be accom-plished. Director Diede stated he and the consulting engineers have looked at that and tried to come up with ways of leaving the buildings along Acoma and still build as much of Alternat i ve No. 3 . It could not be done without taking all of the buildings along Bannock side and shifting the channel completely over to handle the 100 year flood. Council Member Fitzpatrick asked if that would entail moving the sewer line on Acoma. Director Diede stated he believed the businesses were off the alley of Acoma, and would not be disrupted if shifted to the west on a temporary basis. The businesses would still hav e se wer service. When the crews start excavating between Bannock and Acoma, sewer service would be lost along Bannock, but not Acoma. Council Member Neal asked in terms of construction phasing if the taking of buildings on Acoma could be left to the final construction phase. Director Diede stated it would be difficult to do. The City could do some kind of cribbing or piling, but then it wou ld not handle the 100 year flood . Council Memb r Neal asked how long that ph ase of on-s ruction would take. Dire cto r Diede stated 6 to 9 months. Council Memb r Neal stated the bus in sses would h, v a t mporary r pri c v for 6 o 9 mon hs . Director Diede stated th only thing that would a(f ct them is g tting the fed ral insurance administration tor lieve them of a flood plain in the downto wn area. The City ca n stage the construction up to Broadway and make Acoma the last effort. Di- rector Did stated th FIA will not recogniz 11 of th• improve- me nt s to get ou of Lh downtown improvemcn ar until all the c hannel has been co nstructed. Th r could be problems of getti ng ce rtificates of occupancy in h downtown area hat ar in th flood plain right now. • I • • J • ,Ju ne 28 , 1982 Page 9 • • • Council Member Fitzpatri c k a sked if the City completed Little Dry Creek except for th e east side of Little Dry Cr ek that is concer ned with Acoma , could Litt le Dry Creek be complet ed e xcept for the aesthetics so that other buildings could be built. Director Diede stated th e City could not do that. He stated they have even tried to put a sheet-tiling wall rig ht at the back of the existing building and do everything down in the channel that could be done and that still required moving the channel ov r to Bannock to get e nough capacity in the channel to get t he rest of the City out of the 100 year flood plain. He did not think the City could build a straight vertical wall along the back sides of the existing building s , build the channel then compl ete th aest hetics later, and acc omplish the 100 year flood plain problem of keeping it in the channel banks. It is not possible wi thout moving the channel temporarily over against Bannock a n d bring it back into the center later. There is not enough room because putting buildings over along the Bannock side and encroaching in on the buildings on the Acoma side looses mu c h of the capacity of the channel. City Attorney DeWitt asked for the enginee r i ng drawings of Alternative No. 3 to help determine where the property take-line was. Director Diede left the meeting to get the drawings. A gentleman i n the audience, J. Dee, asked if it was possible to move the hydraulics towards Bannock not as a temporary measure but as a permanent solu ion . The engine r stated that was wh~~ they were trying to say ea rlier, it is possible to move the cha nnel o r conduit . Director Diede stated it would not be compa ible wi h the downtown plan, and that was the only reason why it was not along Bannock . John Pear e , owner of Englewood Hardware , appeared before Council . Mr. Pearce stated Alternative No. 3 helps solv the pot ntial flood on Little Dry Creek and to rejuvenate and red v lo~ the downtown area ; but felt the alternative still needed some modification. Mr. Pearce wanted a solution that did not demolish buildings and homes and one that offered r location help. There were no other comm n s or qu stions . • • • • • • • COUNCIL MEMBER BR AD S HAW MOVED TO ADJOURN • • I • • - • J u ne 28, 1982 Pa g e 10 • • • Mayor Oti s adjo urn e d th e mee ting without a vot e at 8:47 p .m. • I • • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado July 6, 1982 /b The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 6, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas Fitz- patrick. The pledge of allegiance was led by Boy Scout Troops No. 115 and 154. 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. The Mayor declared a quorum present. • • • • • • • Also present were: City Manager Mccown • • Assistant City Manager Varga s Assistant City Attorney Holland Director of Public Work s Waggon er Director of Utilities Fonda Director of Parks and Recreation Romans Assistant Director of Parks and Recreation Kuhn Deputy City Clerk Watkins * • • • • COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 21, 1982. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. , I • • ~- July 6, Page 2 were: • • • 1982 Abstain: Council Member Neal. The Mayor declared the motion carried. * * * * * * * There were no pre-scheduled visitors. * * * * * * * There were no other visitors. * * * * * * * •communications -No Action Recommended• on the agenda (a) (b) (c) (d) Minutes of the Board of Career Service Com- missioners meeting of May 20, 1982. Minutes of the Water and Sewer Board special meeting of June 5, and regular meeting of June 8, 1982. Minutes of the Planning and Zoning Commission meeting of June 8, 1982. Municipal Court Activity Report for the month of May, 1982. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT NO ACTION RECOMMENDED• AGENDA ITEMS 5(A) -5(0). Fitzpatrick seconded the motion. Upon a c all of resulted as follows: ·COMMUNICATION S - Council Memb er the roll, the vote Ayes: Nays: Council Memb ers Higday, Neal, Fitzpatrick, Weist, Bila , Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * City Manager Mcco wn presented a Council Communication from the Parks and Recreation Commission concerning a contract with Ur- ban Edges, Inc. for fund raising for the purpose of developing hike and bike trails through Platte River Green way. I • • • July 6, 1982 Page 3 • • - Director of Parks and Recreation Romans and Assistant Di- rector Kuhn appeared before Council to discuss the proposal. Mr. Romans stated the proposal regards the possibility of joining the Denver Greenway and South Suburban Metro Recreation and Park Dis- trict in retaining Urban Edges, Inc. to do a trail design from Den- ver city limits to Chatfield Dam. Mr. Romans stated Urban Edges, Inc. is an engineering consultant and fund raising firm that spe- cializes in this type of project. Mr. Romans stated the proposed trail will be constructed of concrete rather than granite fines as originally planned. The cost of the concrete trail would be $640,000 and includes the portion committed to by the U. S. Corps of Engineers. The City's share would be approximately $100,000 - $125,000. The proposal includes a trail on the Golf Course which was not included earlier. Mr. Romans reiterated the City had originally planned to build a trail not as elaborate which was to be made of granite fines for an amount of $20,000 -$26,000. Mr. Romans recommended the City enter into the contract with Urban Edges, Inc. for a one-year period to assist the City in secur i ng private sector funds for the construction of a concrete h i ke /b i k e tra i l from West oxford to West Hampden Avenue. Mr. Romans po i nted out the trail and accessory area s o n a dr awing that are proposed for the project. In response to Council's questions, Assistant Di r ector Kuhn s tated the original granite fine trail would cost $20 ,000 and with add i tional i mprovements the total cost would be appr o x i mately $70,000. Council Memb e r Nea l expre ssed c oncern s about comm itting t h e C ity to th ese c o s t s i f th e U. S. Corps of Engineer s de c i ded not to do t he pr oject . Co un cil Memb e r Bilo a s k e d t h e Assi s t an t Ci ty Attorne y to investigate the contract p r ovision wherein Ur ban Edges will re - ceive a percentage of all funds raised . COUNCIL MEMBER BRADS HAW MOVED TO DIRECT T HE CITY ATTORNEY TO PREPARE A CONTRACT FOR COUNCIL 'S REVIE W CO NSISTENT WITH URBAN EDGES , INC.'S PRO POS AL AND T HE CO MM ITTMENT FRO M THE U. S. CORP S OF ENGINEERS AND IN LI NE WITH THE CITY CHA RTER . Council Member Nea l seconded the motion. Upon a call of the roll , the vote resulted as follo ws: Ayes: Nays: Council Membe r s Higda y, Neal, Fitzpatri c k , Weis , Bilo , Bradsha w, Otis. None. Th Mayor d clared the motion carried. • I • • July 6, 1982 Page 4 * * * * • • • * * * City Manager McCown presented a Council Communication from the Water and Sewer Board and engineers of Black and Veatch con- cerning a contract with Black and Veatch. Director of Utilities Fonda came forward and reviewed the the contract. Mr. Fonda stated Black and Veatch would review the Sewer Fund and develop a cash flow analysis. Mr. Fonda stated Black and Veatch would be looking at dollars in a cash flow not at rate structure. The analysis would show the revenues required to main - tain Englewood's existing bond rating and the increase in existing revenues which would be required to produce this income. Mr. Fonda stated the engineer would also develop much of the background in- formation necessary to form an initial opinion as to whether or not a rate base exists which would justify a differential in charges between inside and outside City customers. Mr. Fonda stated the fee for developing the analysis would be $13,500. Mr. Fonda stated the firm would do an additional study to review proposed new con- tracts for service to the districts for $2,000. Council Member Neal asked staff to take a look at the way rates are charged. Mr. Neal stated the tax courts have ruled in- terest payments are tax deductible but the o,M payments or servic- ing fees are not. Mr. Neal asked if there was some way to adjust the rate structure to get interest payments into the rates and then citizens of Englewood or any of the districts would be able to de- duct that portion of their fees that represent interest on bonds. COUNCIL MEMBER NEAL MOVED TO DIRECT THE CITY MANAGER TO CONTRACT WITH BLACK AND VEATCH TO COMPLETE THE DESCRIBED WORK ON PHASE I AND TO REVIEW NEW CONTRACTS TO SERVICE DISTRICTS FOR AN AMOUNT NOT TO EXCEED $15,500. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, N al, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carri d. ORDINANCE NO. 29 S ERIES OF 1982 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 22.1 INTRODUCED BY COUNCIL MEMBERS N AL/BRADSHAW • I • • July 6, 1982 Page 5 • • - AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ENGLEWOOD BY REPEALING AND RE-ENACTING SECTION 22.7 THER E- OF TO REVISE THE SIGN CODE CONTAINED THEREIN. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 22.1, SERIES OF 1982, ON FINAL READING. Council Member Bradshaw se c- onded the motion. Upon a call of the roll, the vote resulted as f ollows: Ay e s: Nays : Coun cil Memb e rs Higday, Neal, F i tzpatr ic k, We i st, Bi lo, Bradshaw, Otis. None. The Mayor declared the motion carr i ed. COUNC I L MEMBER BRA DS HAW MOVED TO ADOPT THE FI NDING S OF FA CT IN RELAT I ON TO REP EALI NG SE CTION 22 .7 AND ADOPTING A NEW SEC- TI ON 22.7 OF THE COMPREHEN SI VE SIGN CODE. Counc il Member Fitz- pa t ri c k seconde d the motion . Upon a c a ll o f t h e roll , t he v ote resul ted as f ollows: Aye s: Nay s: Council Member s Hi gday, Nea l , Fit zpatr ic k, Weist , Bilo , Br adshaw, Otis. None . The May or de clared the motion c arr i ed. ORDIN AN CE NO. 30 SERIES OF 1982 * * * * BY AUT HORITY * * * COU NCIL BILL NO. 34.l INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AUTHORIZING TH ISSUANCE AND SALE OF INDUSTRIAL DE- VELOPMENT REVENUE BONDS, SERIES (U.S. INDUSTRIES, INC. PROJECT) IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,200,000 TO FINANCE A PROJECT FOR U.S. INDUSTRIES, INC.; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FI- NANCING AGREEMENT, AN INDENTURE OF TRUST, SUCH BONDS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO TH SU FFICIENCY OF REVENUES AND AS TO OTHER MATTERS R LATED TO THE PRO - JECT; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. COUNCIL MEMBER ITZPATRICK MOVED TO PA SS COU NCIL BILL • I • • - July 6, 1982 Page 6 • • • NO. 3 4.1, SERIES OF 1982, ON FINAL READING. Council Member Bi lo seconded the motion. Upon a call of the roll, the vote resulted as fol lows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESO LUTION NO. 32 S ERIES OF 1982 * * * * * * * A RESOLUTION ESTABLISHING FEES FOR THE USE OF THE ENGLEWOOD ANIMA L SHE LT ER. COUNCIL MEMBER FITZPATR I CK MOVED TO PAS S RESOLUT I ON NO. 32 SE RI ES OF 1 982. Council Membe r Bil o s econded the mo ti on . Upo n a call of the ro ll, the v o te re sulted as f o l lows: Ayes: Counc il Members Hi gday, Neal, F i tzpatrick, We i st, Bilo, Bradshaw, Otis. Nays: No n e. The May o r decla r ed t h e mot io n c arr i ed. * * * * * * * Assistant City Attorney Holland requeste d a pprov al to pro- ceed with the matters which are necessary to request the Colorado Supreme Court to exercise its discretion to review the decision of the Court of Appals in the case of Rich vs the City of Englewood (water tower). COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE MR. HOLLAND'S REQUEST TO PROCEED WITH THE THREE ALTERNATIVES AND TO ADD TO THEM THE INVESTIGATION OF COMPLIANCE LAND. Council Member Bradshaw 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 M yor declared the motion carried • • 0 I • • J uly 6, 1982 Page 7 * * * * • • • * * * City Manager McCown presented a Council Communication from his office concerning the award of construction contract for Paving District No. 28/0verlay Program 1982. Director of Public Works Waggoner appeared before Council and reviewed the bids. Mr. Waggoner stated the bids received were well below the engineer's estimate. Mr. Waggoner recommended a- warding the bid to Peter Kiewit Sons' Company, the low bidder. Mr. Waggoner stated this company has done good work in the past and was a reputable company. Council Member Neal asked if the savings on this project cou l d be applied to do more streets. Director Waggoner stated the savings could be added to the over l ay program. Council Member Bilo recommended retu r ni n g t he savings t o t he c itizens. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE CONSTRUCTION CONTRACT FOR PAVING DISTRICT NO. 28/0VERLAY PROGRAM 1982 TO PETER KIEWIT SONS' COMPANY IN THE AMOUNT OF $512,757.60. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. Coun ci l Member Bilo. Th e Mayor de cla red t he moti on c arr i ed. * * * * * * * City Manager Mcco wn presented a Council Co mm unication from the Department of Community Development conce r ni n g an out-of-state travel request. Mr. Mccown stated the request is for the Housing Administrator to attend the Housing Management Certification Train- ing Program in Oklahoma City. Mr . Mcco wn stated the certification is required by HU D for ma n agers of o v er 75 u nits of low-ren t p ublic housing . Mr. Mcco wn stated e xpenses would be p aid out of the Housing Authority Fund. COU NCIL MEMBER NEAL MOVED TO APPR OVE TH E OUT-OF-STATE TRAVEL REQUEST. Council Member F itz p atric k seco n ded th motion. Upon a call of th roll, the vote resulted s follo ws: • 0 I • - • • • July 6, 1982 Page 8 Ayes: Nays: • • • Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO SET A SPECIAL MEETING ON JULY 12, 1982, AT 7:30 P.M. FOR THE PURPOSE OF SALE OF PAVING DIS- TRICT NO. 28 BONDS. Council Member Fitzpatrick seconded the mo- tion. 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. City Manager Mccown requested a study session on July 12, 1982, at 5:00 p.m. to discuss downtown development. * * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT WITH REGRET THE RESIGNATION OF LEONARD CHESLER FROM THE COURT ADVISORY COMMITTEE. 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, Bradshaw, Otis. None • The Mayor declared th motion carried. Council instructed staff to send a letter of acknowledge- ment to Mr. Chesler. * * * * * * * Council Memb r Br dshaw ask d that any information the City had on Urban Edges, Inc. be sent to Mr. Carroll Kirkham at Sheridan City Council. * * * * * * * • I • • - • • • July 6, 1982 Page 9 • • • Discussion ensued concerning a request to set up a joint meeting with the City of Sheridan on topics of general concern. Council decided further discussion would be scheduled at the next Monday study session. * * * * * * * There was no further business to be discussed. * * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:50 p.m • • I • SPECIAL MEETING: • • • COU NCIL CHAMBERS City of Englewood, Colorado July 12 , 1982 /v The City Council of the City of Englewood, Arapahoe County , Colorado, met in special session on July 12, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meet ing to order. The invocation was given by Council Member Thomas Fitzpatrick. The pledge of allegiance was led by Mayor Eugene Otis . Mayor Otis asked fo r roll call. Upon a call of the roll, the follo wing were present: Council Member s Higday, Neal, F itz patrick, We ist , Bradshaw, Otis . Absent: Council Member Bilo. The Mayor declared the motion carried • • • Also present were: • • • • • • • City Manager Mccown Assistant City Manager Vargas Assistant City Attorney Holland D puty City Clerk Watkins • • • • • Stev Bell, Hanifen, Imhoff, Inc., came forward to discuss th award of bid for the sale of special assessment bonds Paving Dis ric No. 28 for an amount of $472,600. Mr. Bell stat d t wo bids w re rec ived. Mr. B 11 recommended awarding the bid to th lowes nd best bid which was submitted by Kirchner Moore, Company ffective inter st rat of 12.06377 • RESOLUTION NO. 33 S ERIES OF 1982 A RESOLUTION APPROVING THE SALE OP SPECIAL ASSESSMENT BONDS OP THE CITY O ENGLEWOOD FOR PAVING DISTRICT NO. 28. COUNCIL MEMBER BRADSHAW MOVED TO PASS R SOLUTION NO. 33, S RI SOP 1982 AND TO INSERT •K I CH NER MOORE, CO MPANY• IN TH I • July 12, 1982 Page 2 • • • FOURTH "WHEREAS" AND IN "l." AND TO INSERT "33" IN THE LAST PARA - GRAPH OF THE DOCUMENT. Council Member Fitzpatrick seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried. * * * * * * * Mr. Bell discussed the bill for an ordinance author izing the issuance of the special assessment bonds. Mr. Bell advised the following information be inserted in the bill: On page 54, insert Kirchner Moore & Company in the third "Whereas"; on page 55 , under "A" Coupon Interest Rate" insert vertically and sequentially - 12.00\, 10 .2 5\, 10.751, 11 .001, 11 .50 1, 11 .75 1, 12.001; in the next paragraph , insert September l , 1982; on page 56, under "B" Coupon In erest Rate" inse r t 2 .251 for a period to August 1, 1983 for all numbers; in the next paragraph, insert 12 .06 377 1; on page 63, in Sec io n 11 , insert August 2 . ORDIN ANCE NO. SERIES OF 1982~- BY AUTHORITY A BILL FOR COU NCIL BILL NO. 36 INTRO DUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BONDS OF THE CITY OF ENGLEWOOD, COLORADO, FOR PAVING DISTRICT NO. 28, FOR THE CONSTRUCTION ANO INSTALLATIO O STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS, TOGETHER WITH NECESSARY INCIDENTALS ON C RTAIN STREETS WITHIN PAVING DISTRICT NO. 28; PRESCRIBING THE FORM 0 THE BONDS; AND PROVIDING FOR THE PAYMENT OF SAID BONDS AND THE INTEREST THEREON. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO . 3 , SERIES OF 1982, ON FIRST READING AND TO INCLUDE ALL THE ENTRI SAS STATED BY MR. BELL, Council Member Bradshaw second d h motion. Upon a call of the roll, the vote resul ed as ol lo ws: I • • - • • • July 12, 1982 Page 3 Ayes: Nays: Absent: • • • Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried. * * * * * * * No further business was discussed due to special meeting status. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at 7:40 p.m. ~11 l~ ~ !,(/~ ,. puty cl tyeeik • I • • n • I. CALL TO ORDER. • • - URBAN RENEWAL AUTHORITY June 2, 1982 The regular meeting of the Englewood Urban Renewal Authority was called to order at 5:30 P.M. by Chairman Robert G. Powell. Memb e rs present: Minnick, Powell, Voth, McClung Powers, Executive Secretary Alternate Novicky Members absent: Cole, Dickinson, Fitzpatrick II. APPROVAL OF MINUTES. Chairman Powell s tated that the Minutes of the regular meeting of May 5, 1982, and of the special meeting of May 19, 1982, are to be considered for approval. Minnick moved: McClung second ed: The Minutes of May 5, 1982, and May 19, 1982, be approved as written. AYES: Powell, Voth , McClung, Minnick NAYS : None ABSENT: Cole, Dickin son , Fitzpatrick The motion carrled. III. AMENDMENT OF BY -LAWS. Chairman Pow 11 stated that Mr. Dickin son had informed him following the 1 t m ting, that h wished to withdraw his proposed amendments to th By-1 ws. Dicus ion nsued. It wa the consensus that Mr. Dickinson should ith r ubmlt th r quest for withdr wal of the proposed mendments in writing, or o tat in am ting of r co rd. Th matter i to b carried ov r to th n xt r gular meting of July 7, 1982. IV. VOTlN PROCEDURE/REQUIREMENTS • voting on qu 1tion wa n ahall b tak n up nth p 11a of all ordinanc 1, d a tiona, and enter d upon th journal of th Council I • • rt • • -2- proceedings. Every ordinance shall require the affirmative vote of the majority of the membership of the entire Council for final passage . Resolutions and motions shall require the affirmative vote of a ma jority of the quorum present. Every member, when present, must vote upon ordi- nances, resolutions and motions, except he shall be excused from voting on matters involving the consideration of his own official conduct or when his personal or financial interest is involved." Hr. Powell stated that the By-laws of the Urban Renewal Authority seem ambiguous on this issue, and that he would like to see something similar to the above provision from the City Charter included in the By-laws. Discussion ensued. Hr. Voth stated that if there is a financial interest by a member of the authority that would preclude voting on any issue, it should be disclosed and that member should resign from the Author i t y. Hr. Minnick stated that inasmuch as the members of the Authority are in- volved in the development of the Urban Renewal Plan and the general redevelop- ment program, that the members should be required to vote one way or another on a matter. Hr. Voth and Hr. McClung both suggested that the matter be researched by the City Attorney, and that the City Attorney be requested to prepare an amendment to the By-laws modeled after the provision i n the City Charter. Hr. Novicky was asked to work with Ms. Powers and Hr. DeWitt. Ms. Powers s tated that she would request Hr. DeWit t to have this proposed amendment avaialble for the next meeting of July 7th. V. SEC RETARY'S REPORT. Ms. Powers stated that the Ci ty Council will receive the Ur ban Renewal Plan at their regular meeting of July 7th; the Planning Co 11111i ssion will receive the Plan and r eview it for consisten cy with the Comprehensive Plan on J une 8th. Ms. Powers sta ted that the City Council is being asked to refer the Plan to the Downtown Development Au thori t y and to th Englewood Business Association for their r view, also, and to set a Public Rearing on the Plan sometim in July, possibly as early as July 12th, Ms. Powers stated that she would urge memb rs of the Authority to plan to attend the Planning Co11111is ion me ting of June 8th at 7:00 P.H. in the City Council Ch ber,. Ha. Powers stat d that wh nth Plan ia r ferred to the Downtown Dev lop- ment Authority and the En 1 wood Busin •• Association, she felt it would be well to coordinate etings b twe n these boards and th Urban Ren wal Authority for discussion purpose,. Mr. Voth stat d that h felt it mi ht ba well to send a lett r to th se boards sug eating such• me tin&, Ha. Powers point d out that th Urban Rn al Plan 1a1st ba adopted, th tax increment district must b fol'1118d and all tha paperwork dona by th County befor Septemb r 15th. Mr. Clung ask d what role th County playad in this procadur? Ha. Pow rs atatad that th in oraation must b pro1r .... d into th County computer• ao th tax iocr aa s rOII thi1 ap ci!ic araa can b put into a ap cial account, • Pow r1 1tat d that th ra r xtra cop1 , of th Urb al Pl available if ra would lik to distribut •• • I • • - . . r • • • • • -3- Ms. Powers stated that Mr. Marty Herzog, who presently leases the city- owned parking lot at Bannock and Acoma, is interested in developing that block. Ms. Powers stated that she and Dick Hinson had met with Mr. Herzog, and they reviewed what the Downtown Development Plan calls for in that particular block. Ms. Powers stated that Mr. Brady of Brady Enterprises is to submit the in- formation regarding schedules on proposed purchase of property and develop- ment that we have requested; this information is to be submitted to the City by June 7th. Discussion ensued. Further brief discussion ensued on various aspects of the Downtown Develop- ment Plan. The meeting adjourned at 6:05 P .M. JulD./c d_ .:7)f Gertrude G. Welty 7 Recording Secretary • I • • • • • • BOARD OF ADJUSTMENT AND APPEALS CITY OF ENGLEWOOD, COLORADO June 9, 1982 MINUTES The regular meeting of the Board of Adjustment and Appeals was c alled to order at 7:30 p.,-, by Chairman Roger Gage. MEMBERS PRE~ Kreiling, Seymour, Gage, Brown, Hallagin. MEMBERS ABSENT : ALSO PRESENT: Dawson, Leonard. Dorothy A. Romans, Assistant Director, Planning L. D. Yenglin, Planner I Jane Coleman, Recording Secretary * * * * * BOARD MEMBER HALI.AGIN MOVED TO APPROVE THE MINUTES OF THE KAY 12, 1982 REGULAR MEETING OF THE BOARD OF ADJUSTMENT AND APPEALS. Board Member Seymour seconded the motion. Upon c a ll of the roll, all members present voted in the affirmative. The minutes s tan~ APPROVED as written. * * * * * BOARD MEMB ER SEYMOUR MOVED TO APPROV E TII E FIND INGS OF FACT IN CASE NO. 6-8 2 , KENNETH R. ORD ELHEIDE , 33 9 3 SOUTH CORONA, ENGLEWOOD , COLORADO; AND IN CASE NO. 7-82, BRIAN L. AND WILLI AM LEONARD, 25 WEST QUINCY, ENGLEWOOD, COLORADO ; AND IN CASE NO. 8-82, NADYA NICK, 3271 SOUTH GALAPAGO, ENGLEWOOD, COLORADO. Board K mber Hallagin seconded the motion. All member, pre1ent vot din th affirmative and the Findings of Fact ar ACCEPTED 11 written. * * * * * • I • • • • • BOARD OF ADJUSTMENT AND APPEALS Page 2. June 9, 1982 CASE NO. 9-82 MILLS H. FORD dba Greenford Investments 3199 S. Pearl St. 555-7 E. Eastman Ave. REQUEST: The applicant is requesting the Late Registration of this property as a Nonconforming Use. This is a variance of the Comprehensive Zoning Ordinance Section 22.6-2b-Registration, and Section 22,6-4 Change in Use -Nonconforming Uses. Chairman Gage stated that he had verification of posting and the legal advertis- ing of this case has been given. Applicant Ford was being represented by attorney, Jerrie Eckelberger. Eckelberger stated that Ford had purchased the property in 1979 and also the property which was next door. He related that in the past the property has been used as a grocery store, preschool, for a religious organiza- tion, a wheelchair and supply business and for a carpet retail location and office. He stated that when Mr. Ford purchased the property, it was being used as a carpet business retail store. He was told at that time that the nonconformance would be no problem. The property was vacated in 1981; Mr. Ford was contacted at that time by Mr. Mark Barber, Code Enforcement Officer, who informed Mr. Ford that he should go ahead and get a tenant, and at that time deal with the nonconforming use. However, in May of 1982, Mr. Ford received another notice regarding the non- conforming use, and thusly wanted to resolve the matter. Mr. Eckelberger stated that there was no plan to expand the use, or make any changes; they wished to con- tinue with a small retail use in the top portion of the building, and maintain an apartment in the basement . Mr. Eckelberger further stated that in actuality the basement apartment has full bathroom facilities; but the upstairs, which had previously been used for a grocery and various other uses, did not. The imnediate plans, he stated, were to rent the upstairs as an office space, retail or cOUDercial, as in the past. Regarding the parking, Mr. Eckelberger stated that they would not rent to a use that would disturb the traffic pattern or setting of the area. Mr. Eckelberger stated that regarding the apartment, Mr. Ford was concerned that it would be safe; had installed a new furnace; and there were two ways out of the basement. At the present time there is a couple renting the base- ment apartment. Current plans are to paint th outside of the building. Eugene Russell, 3295 South Clarkson, Englewood, Colorado, spoke in favor of th requ at. He stated that in hia opinion, this area is in a state of change; nearby hospitals ar enlarging which n ceaaitatea additional parking; and this area, h felt, would be coaaercial in then ar futur • H would voice no ob- jection to light retail; and could see no reaaon why it s hould not b rant d. H stat d he felt the area would b op nin up to this type of zoning in the near future. Chairman Gae asked that th hearing. There waa no one addition. Stat nts w re objection to th requ at. staff report b aads a part of the r cord of th preaent who spo in oppoaition to th propoa subaitted by four n ighbora atatin thy hav no Discuasion en u d. Board Meab r Seymour atat d that th D parta t of Coaaunity D v lopmen has r c01111end d th followin: I • • • • • BOARD OF ADJUSTMENT AND APPEALS Page 3. June 9, 1982 1. That the basement apartment identified as 557 East Eastman Avenue and the house ide"ntified as 555 East Eastman Avenue, be inspected to make sure that the units comply with the applicable sections of the 1979 Uniform Building Code and the Housing Code. 2. That 3199 South Pearl Street be inspected to make sure that the business space complies with the applicable sections of the 1979 Uniform Building Code and Fire Code. 3. That an office use be permitted to locate at 3199 South Pearl Street. If any use other than office is allowed, the applicant/owner must reappear before the Board to review the use and assess it's impact on the neighborhood. Attorney Eckleberger stated that his client felt that that was a reasonable request. BOARD MEMBER SEYMOUR MADE A MOTION THAT THE LATE REGISTRATION OF THIS PROPERTY KNOWN AS 3199 SOUTH PEARL STREET AND 555-7' EAST EASTMAN AVENUE, FOR NONCONFORMING USE, WITH THE STATED PROVISIONS KNOWN AS #1, #2, #3 AS RECOMMENDED BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT, BE GRANTED . THIS IS A VARIANCE OF THE C(l{PREHENSIVE ZONING ORDINANCE SECTION 22.6-2b-REGISTRATION, AND SECTION 22.6-4 CHANGE IN USE -- NONCONFORMING USES. Board Member Hallagin seconded the motion. Discussion ensued. Upon a vote, all membe~present voted in the affirmative, and the motion was APPROVED. The Board Members gave their findings aa follows: Mr. Kreiling stated that in view of the property being posted properly and having had a long history of co111Dercial use, there being no opposition and with four people in favor of the addition, he voted yea. Mr. Hallagin stated that be voted yea since there wasn't anyone to oppos the request; there were four neighbors who were in favor of it; the property was well maint ined; the place is not big nougb for anything else except for a plac of buaineaa. H feels it n eda to be registered and that they ahould met all of the r quir d buildin codes. Kr. S ymour atat d that h voted yea since th property wa a in good ahap; there vaa no objection and the previous uae ae.-ed to be rea onably v 11- eatabliah d. Mr. Brown stated h voted ya since there vaa no opposition; and there v re av ral that w re in favor of th variance, R stated that h felt a hard- ship h d been shown nd th owner ne ded tor ceive a return out of hia in- vestment and yet not hurt th n ighborhood, R atated that th aix gen ral condition• w r met, • I • BOARD OF ADJUS'1HENT AND APPEALS Page 4. June 9, 1982 • • - Chairman Gage stated that he voted yes since he felt the applicant had met the six requirements it takes to grant a variance; he presented a few letters of recommendation and the neighbors appeared quite pleased with the request. * * * * * CASE NO. 10-82 COBURN CHRISTENSEN 3130 S. Race St. Englewood, Colo. REQUEST: The applicant is requesting a variance from the rear yard setback of 25 feet to 5 feet for the purpose of constructing a recreation room. This is a variance from the Comprehensive Zoning Ordinance Section 22.4-2j-Minimum Rear Yard. Chairman Gage stated that he had verification of posting and the legal advertising of this case has been given. Coburn Christensen was sworn in. He stated that he had a growing family and felt the need for the additional room; that the addition would add value to the neighborhood; that he felt it would lend itself to the residential nature and would not change the character of the area. He stated further that it would not be possible for an addition to go in the front yard, and felt that this addition would be the best alternative. He also stated that the siding on the addition would match the existing house; and he would be adding a solar system. Judy Pierson, 3120 South Race, Englewood, Colorado, was sworn in. She stated that she, as a neighbor, would be the one most visually affected by the addition and that she wished to speak in favor of the addition. She felt, she stated, that to come back with the addition would lose 210 square feet; that construction was well under way, and would be quite expensive to tear down. The Christensen's, she stated, have quite an investment in this addition. Daniel N. Haskell, 3231 South Race, Englewood, Colorado, was sworn in. He stated that he was a neighbor and that he would like to voice support for the addition. He stated further that he had known the Christensen's for a long time, that they were a fine family; the addition would make the home more livable; their heating bill would be more favorable; and that the construction waa being done very well. Chairman Ca e aak d that th staff r port be made a part of the hearing. Dorothy A. Romana stat d that Mountain B 11 and Public Service have been notifi d of th propoa d addition. No reply haa b n receiv d from Public S rvice, but a letter froaa Mount in States Telephone and Telegraph was r - ceiv d atatin that they h v no objection to the construction, providing the c natruction will not encroach on th existing easement in any form. ARD KEH.BER B~ MOVED THAT IN CASE NO. 10-82, COBURN CHJllST SEN, 3130 SOUTH RAC STREET, BE GRANTED A VARIANCE P THE REAR YARD SETBACK OF 25 FEET TO 5 FEET FOR 111 P S OF CO STRUCTINC A CR!ATIO ROOK. l1!1S IS A VAR• lAN E OH 111 COKPREHENSIV ZONING ORDINANCE SECTIO 22.4- 2j-HI l YARD. • I • • • BOARD OF ADJUSTMENT AND APPEALS Page 5. June 9, 1982 • • • Board MEMBER Seymour seconded the motion, Discussion ensued. All members present voted in the affiI'1118tive, and the motion was APPROVED . The Board Members gave their findings as follows: Mr. Kreiling stated that the variance is relative to the rear yard setback a nd inasmuch as the request of the owner or applicant is no greater than what exists with the existing building, he voted yes. Mr . Hallagin stated he felt it was a hardship case as it appeared that the house was too small as it is; it will increase the value of the property by enlarging the house; it is not going back any farther than the existing garage; and it will keep the family in Englewood. He stated furthe r that it makes the property look at lot nicer than 1t is and therefore voted ye s . Mr. Seymour s tated that he voted yes since there was no objections from any of the neighbors, and in f ac t, there was support . He stated further that it seems to be a good looking addition for a grow ing f amily . Mr, Brown s tated that he voted yes because he felt the addition will increase the appearance and value of the house and property and will actually benefit the neighborhood; there wa s no opposition; there were neighbors speaking in favor of the addition; the essential character o f the neighborhood would not be altered by approval of the varianc e and it will still remain an R-1-A r esidence , single-family neighborhood . Chairman Gag e stated he v oted ye s and c onc urred with the other boar d members on their findings . * * * * * Dorothy Roman s reporte d that the City Coun c i l ha• ins truc ted the Cit y Attorney 's of fic e t o ha ve the Sign Co de before t he m on J un e 21st, so they can t a ke final action. Mrs. Romans also reported that on the 20th of July, the Planning COlllllission will hold a hearing regarding the conditions that the Board would consider in granting a variance to the Sign Code. This had b en presented to the Board of Adjustment and Appeal• previously and the Board had approv d it. There being no further busin sa before the Board, Chairman Gage adjourn d the June 9, 1982 regular meeting of the Board of Adjustment and Appeal• at 9:00 p.m. * * * * * Jak:coi.e.an; Recordina S cretary I • • • • • CITY OF ENGLEWOOD PLANNIN G AND ZONING COMMISSlON June 15, 1982 I. CALL TO ORDER . 5 C The Special Meeting of the City Planning and Zoning Commission was called to order by Chairman McBrayer at 7:05 P.M. Members present: Carson, Gilchrist, McBrayer, Senti, Stoel , Tanguma, Barbre Members absent: Also present: Powers, Ex-officio Allen , Becker Assistant Director D. A. Romans City Attorney DeWitt Special Counsel George Zoellner and Brad Breslau Fire Chief James Broman Utilities Director Stu Fonda II. COMPREHENSIVE ZONING ORDINANCE Amendment by Addition of §22.1-8 CASE 1111-82 Mr. McBrayer stated that this is a special meeting called for the purpose of considering a proposed amendment to the Comprehensive Zoning Ordinance. He reminded members that this proposed amendment would apply to any public utility owned by the City, and not to a specific utility under considera- tion at the present time. Mr. DeWitt introduced Fire Chief Bi:oman and Utilities Director Fonda, and Special Counsel Zoellner and Breslau. Mr. DeWitt stated that while Mr. McBrayer's remarks to the Commission to not be caught up in the emotion of a particular case is wise, he felt that unless the members lived in the particular neighborhood most affected by low water pressure they would possibly not fully understand the need for the public utility under consideration. Mr. DeWitt stated that he would ask Mr. Fonda to explain more fully the ramifications of the water pressure problem and what has be n done to alleviate this problem. Mr. Fo nda probl min th southern part of nth taps ar opened, it would threw snow ter pressur tall. b ens rv d from tclllks, nd that th t d the pr ssur to th users. Thi When improv ments to th system w r t th b st syat m would b d sign d to problem. st ted th t th r ar zon s City, the higher zon being that area south of Tufts Av nu on th w st sJ d of South Bro dway and south of Oxford or Prine ton Avenu to th es t of South Bro dw y. It l s th!s r which would b rv d by th wt r tow r outh of B llevi w Av and east of South Broadway. Th maind r of th City would sti ll b rv d und r th pr ant ayat m of Mr. Fond tat d th t by xpandin th pumpin c p bility th pr aaur the i.ou th •rn p n of Engl wood h h full lution to th probl •, d • r - t nk s . in I • • • • - -2- during power outages when the pumps would not be working. Mr. Fon da stated that the water tower would eliminate the problem during power outages , and would offer more time lag in variation of pressure . Mr . Fon da d iscussed the possibility of converting to a "c losed system", but noted that conversion of the pumps could cost several hundere d thousand dollars. Mr. Carson asked if the water tower that has been constructed would solve the entire problem of low water pressure in this area, or is it possible that another tower would have to be constructed? Mr. Fonda sta ted that he does not anticipate construction of another tower; that the capability to i ncrease pressure could be expanded by expanding the pumping system at the treatment plant. Mr. Gi lchrist asked what affect a power outage would have on the water pressure with the water tower? Mr. Fonda stated that it would take approxi- mately 40 minutes to drain the tower down; he noted that if a fire had to be fought during a power outage, this could draw down on the supply in the tower considerably. Further discussion ensued . Mr . Ta nguma asked the capacity of the water storage tanks ? Mr. Fonda s tated that the elevated tank holds 200,000 gallons; the ground storage tanks hold 12,000,000 gallons. Mr. Tanguma stated that he understood there was some law that permitted construct ion of public utilities and public buildings, churches , etc. without complying with the requirements of the local zon ing ordinance. Mr. DeWitt acknowledged that there are exemptions on some uses, for in- stance, school properties are exempt from zoning co des and regulations, and are just now being required to comply with Building Cods. Mr. DeWitt stated that on a special district, the improvement could be built without approval of the local governing body; however, this is not a special water district and this provision does not apply. Mr. Zoellner pointed out that the Co mpr ehensiv Zoning Ordinance dos not sp cifically exempt the City from meeting the regulations of the ordinanc on construction of public utilities. Discussion followed. Chief Broman ddr ssed the Commission on the concerns of th tr pr ssure. H st ted that thy are cone th existing sy t m; wh t would happ n if a and th re was no water pr asure with whi mcnt and the low w th reliability of durin pow rout th fir ? H stat it is d that th a limJt d out, nt aaur to r outag , th r the p ople who ha low preaaure? Hr. D City of Engl w od, nd are on that Denver haa a around ator • th W t e r u i d f I • • • • -3- a bit f urther south; the natural flow of the water provides adequate pressure to these homes. Chief Broman stated that this area is al so in the Che rry Hills Fi r e Protection District. Mr. DeWi tt stated that the rea son for the proposed ordinance amendment is that the Court has ruled that the water tower cannot be used because it is not i n compliance with the Comprehensive Zoning Ordinance, and the Ci t y was not exempt from complying with the provisions in that ordinance. Mr. DeWitt asked Mr. Zoe llne r t o bring the Co mm ission up-to-date on th status of the case. Mr. Zoellner stated that there were three points in the suit regarding the wat e r tower : (1) request for a preliminary injunction to stop use of the tower and require the removal of the tower; (2) nuisance; and (3) inverse condemnation because of damage to surrounding property values. Mr. Zoellner stated that the City legal staff is still of the opinion that the basic tenents of the case are in error; however, the judge did not agree and granted the preliminary injunction stopping use of the water tower. This is the point that has been appealed by the City. Mr. Zoellner stated that the legal staff does not feel that the complainants have a case on the points of inverse condemnation or nuisance. Mr. Zoellner stated that the City legal staff is confident the City will win the appeal, but it is a time-consuming process . Mr. Zoellner pointed out that if the City is successful at the Appeal Court level, the complainants could then appeal to the Supreme Court, wh ich could mean further delay in the matter. Mr. Zoellner stated that if the appeal on the temporary injunction is deter- mined i n favor of the City, the towe r would be put into operation, and th case would then be tried on the merits of inverse condemnation and nuisance. He sta ted that the legal staff is very confident that there is no basis for these two c la ims by th complainants. Mr. Zoelln r discussed the thrust of the cas , that being that insufficient land was purchased by the City initially , and the se tback requirements w r not mt. The City did c quire additional land to meet requirements as the City interprets th Comprehensive Zoning Ordinance. Howev r, it wa s th d~termination of the Court that the wat er tower was still not in compliance with City ordinances, and the injunction was gran t ed. Mr. Zo lln r stated that the proposed ordinance amendment is one way to remov the Ci ty from complying with th regulations in this par- ticular cas , and might prove h lpful in other instances. Mr. Zoelln r noted that D nv r h s a provision similar to what is proposed by th 1 gal st ff, nd th t D nv r h s th right to construct public utilities without c omplying with th zoning r strictions. Mr. Br s l u s t Zo lln r's r cap of th th s not Jn compli nc with th iv • th t th District Court w sin rror th of App all. If this propos d m nt to th would r nd r this point of th C moot, and th on th points of "nuiaanc " and "inv r cond Hr. t h und ra tood Hr. Br 11 u w s r pr s nt1.n th C ; is thil corr ct 1 Hr. Br slau discuss d law suit, nd stat d th th is l'filiat d with u stat d th t a point of law in Color d sth tic v lu is not paid. • I • • • • - -4- Mr. Tanguma asked for cl.arification of a "necessary public utility". Mr. DeWitt stated that the only utilities that are city-operated are the water and sewer services. He stated that he would say these would be very necessary public utilities. Mr. Gilchrist asked if there had been any attempt to settle this case within the policy limits? Mr. DeWitt stated that the complainants want the tower removed. The third point of the case is the matter of inverse condemnation and damages to the property or removal of the water tower. Mr. Zoellner pointed out that the matter of inverse condemnation is not covered bv the insurance Policy. Discussion ensued. Mr. DeWitt cited i22.5-7a(3) of the Comprehensive Zoning Ordinance, which section provides that such facilities as water towers may exceed the height limitation within the Zone District which is imposed by the Comprehensive Zoning Ordinance, if an additional foot of setback from each property line is provided for each foot of height the limitation is exceeded. Mr. DeWitt stated that the City legal staff feels that this section of the Ordinance has been complied with. Mr. DeWitt asked Mr. Fonda if any other use of this land for a public utility has been contemplated? Mr. Fonda stated that use of the land for a water tower is the only use that has been contemplated. Further discussion on the proposed amendment ensued. Mr. Zoellner stated that this same procedure has been used by other municipalities; this is an attempt to prove this issue of the case moot, because it may be another year before the law suit itself is heard. Also, the City needs to get the water tower into operation. Mr. DeWitt point d out the importance of public utilities to a City, and stated that he felt the Fire Chief, the Utilities Director, and the resi- d nts of Englewood have made a point that the water tower is n ed d for thew lfare nd safety of a part of the City. Discussion ensu d. Mr. Fonda s tated that this proposed amendment could be of assistance in h negotiations underway with the Corps of Engineers regarding the pumping st tion at West Union Avenue and the South Platte River. Mr. Tanguma questioned whether the Court had considered 122.57a(3) of th Compreh nsive Zoning Ordinance as cit d by Mr. D Witt? Mr. Br slau st t d that it was the int rpretation of the Court that th us a ar cc tooth r principal structures, and would not pply in this instanc th wat r tow r is th only us on th 1 nd. nt tin r this n Council wh re stat d th t h S b n lo- r as with low w ter pressur . Mr. T nu stat d th th felt th City waa cover d by Colorado Co n did not fe 1 that this am ndment waa n d d; how v r, if it will this p rticular c ae the mendllent should b approv d • • I • • • • - -5 - Carson moved: Stoel seconded: The Planning Comm~ssion schedule a public hearing on the proposed amendment of the Comprehensive Zoning Ordinance, §22 .8-1, for July 13, 1982, at 7:00 P.M. AYES: Carson, Gilchrist, McBrayer, Senti, Stoel, Tanguma, Barbre NAYS: None ABSENT: Allen, Becke r The motion ca rri ed . * * * * Mr. DeWitt gave a brief up-date on the suit agalnst the City and Commission by Rocky Mountain Acquisitions; it is scheduled to be heard July 26 th, and th e legal staff is trying to quash the s ubpoena s of the Commission member s . III. RESOURCE DATA COLLECTION. Mr. McBrayer stated that one of th goals of the Co mmi ssion for thi s year wa s to establish resource data on th City of Englewood to be used for promotional purposes to attract business s to the City. Mr. McBrayer stated that the staff had submitted so i nformation to the Commission at the last meeting, and that Mr. Haviland, Ex cu tive Director of the Englewood Downtown Authority, and Mr. Rich rd Harrison, Executive Vice President of the Centennial Chamber of Co re , have been invited to attend this meeting to d iscuss what information these two organizations have available . Mr. Harrison s tat d that h h s b n 1 t h th Chamb r of Commerc e roughl y one month , and is not Lhat f miUar with th program of the Chamber yet. H stated that he would lik to 1 rn wh a t th Commission has in mind and what thy want i n promotional inform..1tion. Mr. McBrayer explai ne d that the Co mm ission want s to be of assistance wh rever possible, and also to initiate some programs --not j ust to ap- prov or disapprove something that is referred to i t. H e xpla i ned th proc ss the Conunission use d to arrive at the work goals for 1982, nd noted Lhat the data resource project had the Number l priority on the list. Mr. Mc Braye r referred to informational brochur s that he has seen vailabl in mun icip lities s uch as Estes Park and Atlanta, G • H st t d th th f els strongly ther hould b some technic l data vailabl on Engl•wo d to encourage prosp ctive businessmen and home °"'°ers to locate in Englewood. Mr. Stoel st ted that he felt with the downtown redevelop- ment project und r con sideration, that "we are building a new Engl wood", nd that it is v ry cri t ical to h v an inviting atmosphere and strong promotion al efforts to encourag nd assist the redev lopment ffort . Mr. H rrison point d out th t the Commission must k pin mind tt t thi s City dos not h v featur s s uch as th Royal Gorg or th Rocky Mountain tional Park to build a promotional program on; h ask d wla nth y p k of conomic growth nd d v lop nt, r thy ref rring to offic buildings, light industri 1, h vy i ndu s tri l, or re id ntial d v lopm nt ? Ex ctly wh tis th im of the progr m? Mr. McBr yr tat d th th C lt th low t x b s w god lling point fo r both r sidential and busin as prosp eta. Di CUB ion • I • • - -6- Mr . Tanguma asked what was available on the City of Englewo od, a nd how one went about compiling the data that is needed? Mr. Harr ison s t ated that he was not sure the Chamber had a lot of data on Engle woo d a t t he present time, and he felt that perhaps he and the Coonnission we re t alking about two different kinds of information. He noted that the d a ta b ase a nd c riteria would differ depending on whether it was prepared fo r r esid e n ti al purposes, or for business and industrial purposes. He noted that Mr. Haviland has been working to get some information together for the b usiness aspect of the proposed development, and he felt that coordinat i on on the project was very important so that a duplication of effort is not d on e . Mr. Haviland stated that he is on the Business Development c omm i ttee of the Chamber of Coonnerce, and he is trying to devise a plan that wi ll serve as a clearing house for prospective businesses, and have a marketing pro- gram to solicit attractive businesses into the south metropoli tan community wh ich th e Chamber of Coonnerce serves. Mr, Haviland stated that they a r e now c ollecting the data base for this project. He stated that he h o ped the preliminary work would be done by August. This is a resource that would be available through the Chamber of Coonnerce. Mr. Haviland stated that he is presently involved in three prog rams wh ich ma y be of interest to the Coonnission; he has received a mandat e f r om the EDDA Board to revise the slide show that was done this past year; he is i n c orporating some of the EDAW and Design Workshop slides into a p r esentation. Mr. Haviland stated that he is also on a coonnittee which inc ludes Mr . Senti, Mr. McCown, and Dr. Davidson of the Englewood Public Schools , wor king on ways to increase the enrollment in the schools and attract yo un g families to the community. Mr. Haviland stated that he is working on a slid e show on this coonnittee, also. He stated that they had a tri al pro gra m shown to realtors, which was followed by a question and answer pe r iod wi t h Mr . Mccown and Dr. Davidson. Mr. Haviland stated that they have researched the com- mun i ty, have interviewed realtors and new home owners and a s ked similar ques t ions of tho s e the y have inte rviewed, some of those ques t ions being "wh y d i d you want t o c ome here", "what is good about En gl wood ", "what is bad about Engle wood". Mr. Hav i land s tated that he had t ho u ght that th s mall homes i n Englewood would be an asset for the yo ung people buying t heir fi r s t home and are being pri ced out of homeown e r ship i n other areas; bu t h e fo und t ha t other ar a s are offering larger horn s fo r a very comparable p r ice fo und i n Eng l ewood. He s tated that Englewo od housing is very expensiv , and t here is not a lot of turn-over i n hom e own e r s hip. Th good points brought o u t in th i r r search were ci t y-owned water , the low tax bas , and th fact th t En g lewood is a f ull-servic city , Mr, Haviland stat d that Engl wood i a small conmu ni t y wi t h a trong ens of history nd low tax bas ; h felt th s we r strong el men ts of th City that hould be mphasiz din ny promotion l campaign. Mr . Haviland st ted th t this p rticul r program has spe ific target , th t of ho own rship. Mr. Haviland st t d that he is also tt mpt i n g t o e r ate for th City a p cifi m rketing camp ign. H stat d that h is b ck gro und is in Pl n ning nd M rk ting , and diacus ed o of hie p r v ious xp r i nc with th m rk~tin sp ct. Mr. Havil nd dist ri b u t d a pg which ou t lin s th City-wide m rk t ing proposal . Mr, H v i land point d o ut that th r ar four mark tin obj ctiv s list don this d ist r ibu tion s h e t, th s obj ctiv •bin 1) Promot City prid a nd posit i ve c o1111D un ity imag nd id ntity; 2) Str ngth n the City's retail i mage ; 3) Attr ct young ho bu y r s t o Engl wood ; 4) Cr ttractive b usin ss invest n t cliD1ate, I • • • • -7- Target audiences were listed as: 1) current residents and merchants; 2) potential home purchasers, and 3) th larger metropolitan area. Mr. Haviland stated that there is a need for the image of Englewood to be strengthened. Mr. Haviland proceeded to outline the elements he has proposed, which include preparation of brochures, slide shows, an annual poster, photo exhibit/traveling exhibit. Mr. Haviland presented the Com- mission with copies of a promotional brochure he had prepared for the University Community in Columbus, Ohio. Discussion ensued . Mr. Haviland discussed the need for a budget to finance such a promotional effort -- preparation of brochures, slides, etc. Mr. Haviland es timated that a nice color brochure such as Littleton has done could cost $20,000 by itself. He stated that a brochure with no color runs could cost $15,000. Further discussion ensued. Mr. Carson suggested that perhaps a committee should be designated to work with Mr. Haviland and Mr. Harrison on the compilation of the data information. Mr. Gilchrist stated that he felt the City did not do enough advertising or circulate such publications as the Englewood Citizen outside the City to let people who are not residents know about the City. Mr. Gilchrist stated that he would like to see some figures from Mr. Haviland as to how many of the Littleton brochures were sold; he would also like to know more on the reasons people have purchased homes in Englewood if this information is available. Mr. Gilchrist stated that he would hate to see the Commission try to take the compilation of data out of the "hands of experts", but that the Commission should offer assistance wherever possible. Mr. Stoel stated that it sounded like Mr. Haviland does have eAi>erience in this field, and he would like to see the City take advantage of Mr. Haviland's expertise. Mr. McBrayer stated that he felt the Commission should be the catalyst to make something happen, and on this project he felt the Commission would b acting as "project manager" on behalf of th Council to mak sure that something does d velop. Mrs . Romans discussed promotional fforts for specific projects that have been done in the past. such as for the development of the Cinderella City shopping center, the Fir /Police Center, adopting the City logo, and the annual reports that were done several years ago. Mrs. Romans stated that in conjunction with th adoption of th City logo, a metal display was de- v e loped which was located in bank lobbies, in the Library and other places of general interest, on which pictures of City functions and amenities were displayed. However, the very shape of Lhis display was an "attractive nui ance" to children, b ing on the order of a jungl -gym, and the children wer inclln d to try to climb on it. Mrs. Romans s tat d that this display lem nt i in stor g, but it could b us d again, and the pictures up-d t d. Mr. H vll nd h d sugg s ted that pos ibly it could displ yed in a vac nt store front, which h flt was good id a. Mr . Hav11 nd st t d that h would proj ct for th City; how v r, h from th City. Mr. McBr njoy s rvin as f cilitator on such dos not hav any "mand t" to do this coaaitt pr nt tlv · pr - n, 11, Bo I • • • • • -8- Mr. Gilchrist asked for further information on the function of the Chamber of Commerce. Mr. Harrison stated that the Centennial Chamber of Commerc e serves the south metropolitan area, including Littleton, Cherry Hills Village, Greenwood Village, Englewood, Columbine and Sheridan. Discussion ensued. Mr. Harrison stated that from the discussion this evening, he did not feel that the Commission was looking to develop new information; the basic information that is needed for their purposes is available , but just needs to be pulled together and marketed to the best advantage of the City. Mr. Haviland stated that once the information is pulled together, he would recommend the hiring of a professional to package the basic information and to do a high-quality job. He cautioned against relying on "voluntee r s." Mr. McBrayer asked about participating in a document promoting the entire south metropolitan area? Mr. Tanguma and Mr. Gilchrist stated that at th is point they would be opposed to this suggestion. Mr. Harrison dis cussed the fact that the efforts of the Chamber of Commerce are aimed primarily toward business development in the south metro area; he pointed out that development of basic data for promotion aimed toward residential purposes would be of second priority. Mr. Harrison stated that they do have some "generic" information for the overall area. Mr. McBrayer stated that per- haps the Commission and the special committee should be more concerned with residential data base, and let the Chamber of Commerce concentrat e more on the business community. Mr. Fitzpatrick excused himself from the meeting; he stated that he would lik to encourage the Commission to keep on with this project, that it is a good idea and we have a need for it. Furth r discussion ensued on the formation of the special committ e to work on th data base collection. Mr. HcBrayer ask d for volunteers from the C01Dlllissi on to work on this pro ject. Mr. Tan guma and Mr. Carson both volunt ered; Mr. Carson then withdrew from consideration. Hrs. Roaans stated that Ms. Power s identified several it ms to b considered in th promotional/marketing efforts, among them bein 1. Update of slid show --City-wide; use with School District and R altars. (City and EDDA). 2. Brochure for City-wid publicity. (City and EDDA) J. Dossi r (Coamunity D velopm nt Planning staff) Downtown Slid Show (EDDA and City) 5. Downtown handout to xplain r developm nt proj ct g n rally. (EDDA and City) 6. Monthly insert in Engl wood Citiz n to up-dat on rd v lopm nt. (City -Community D v lopment Department). Discussion nau d. s a goal of this Hr. HcBray r sug ested that th d hoc c ommitt e: followin b dopt d "To d v lop a plan tor promoting the City of !nal od to d nt, d busin•••••, including but not n c ssarily liait of lit ratur , slid pres ntations, 1nfot'1114tion cant rs, bud tin for 1 l nting this plan." • pot nt.lal relli- d to propoaal tc., nd k I • • ' . • • • • -9- Mr. McBrayer asked that someone on the sta f f talk to the School District to ask that a representative of the Schools be appointed to this committee , and that the City Council be asked to a ppoint one of their members as a representative to the committee. Mr. McBrayer asked if a staff member would set the date and time for the in i tial meeting. Mrs. Romans stated that she would contact the City Council and the School Board. She asked if Mr. Haviland could pursue the idea of the display figure in a vacant store window; she pointed out that this is something that could be accomplished with little time or expense. IV. CAPITAL IMPROVEMENT PROGRAM. Mrs. Romans stated that the staff had initially planned that the Capital Improvement Program would be discussed with the Commission on June 22nd; however, information from the other Departments has been slow coming in, and because of this, the staff report and back-up information will not be ready for discussion on the 22nd of June. Mrs. Romans questioned whether the Commission would be averse to rescheduling the meeting to June 29th rather than June 22nd to discuss the Capital Improvement requests? Mr. McBrayer asked what else was scheduled on the agenda? Mrs. Romans stated that there are no cases scheduled involving the public; the Landscape Ordinance is slated for further discussion. Mr. McBrayer stated that he felt the meeting could be rescheduled for June 29th rather than June 22nd. The Commission agreed with this change in date. Further brief discussion ensued on the proposed amendment o f the Comprehen- sive Zoning Ordinance. The meeting adjourned at 9:20 P.M. /" • I • • -• • - CITY OF ENGLEWOOD PLANNIN G AND ZONING COMMISSION June 29, 1982 I. CALL TO ORDER. The meeting was called to order at 7:00 P.M. by Chairman McBrayer. Members present: Gilchrist, McBrayer, Senti, Stoel, Tanguma, Allen, Barbre, Becker, Carson Romans, Acting Ex-officio Members absent: None Also present : Senior Planner King Ass istant City Attorney Holland II. APPRO VAL OF MINUTES. Chai rman Mc Braye r s t a t e d that the Minutes of June 8, 198 2 , were t o be c on side r e d for app r oval . Ba r br e moved: Gilchrist second d: Th Minutes of June 8, 1982 , be approved as written. AYES : McBr yr, St 1, Ba r b r e , Be c ker, Cars on, Gi l ch r ist NAY S : on ABSTAIN: S nti, Tan uma , All n The tDOtion carri d. III . CAPITAL IMPROVEMENT PROGRAM 1983 -1987 CASE #12-82 Mr. HcBray r stated that the City Chart r require that the Planning and Zoning Co is ion consider a list of Capital Improvement Projects requ sted by the City D partmenl , nd arrange th s project in priority for recom- m ndation to City M nager. Mr. HcBray r r vi w d th proc dur of th pat fwy in consid ring th Capital lmprov m nt Proj eta. giv n to w d th proJ eta of •om w r d!scus Mn. nd r i• a critical factor in •P no bookmobil •· lt was wa1 put lnto rvic in l 6 , nd ar1 . • 5 C I • • -• • • -2- Projects for the water and sewer program were discussed; it was pointed out that water and sewer projects are not funded from the Public Improve- ment Fund, but from their own budget. The ranking of the Capital Improvement Projects requested by the City Dep artment Heads for the 1983-1987 Capital Improvement Program was then considered. Carson moved: Gilchrist seconded: The Planning Commission recommend to City Manager McCown the following five-year Capital Improvement Program for the years 1983-1987. 1983 1. Little Dry Creek Improvements 2. Street Overlay and Sealcoat Program 3. Community Center 4. Paving and Sidewalk District S. Housing Rehab 6. Aerial Photographs 7. Sidewalk Repair District 8. Traffic Safety/Controller Replacement 9. River Development Phase III 10. Police Parking Lot 11. Housing Relocation 12. Display Case Little Dry Creek Bicycle Trails Englewood Beautification Widen Broadway -Yale to Floyd Bro dway Beautification Little Dry Creek Improv ment Str et Overlay and S alcoat Program Sidewalk Repair Program Traffic Safety/Control! r R plac nt Hou ing Rehabilitation Hou ing Relocation Rtv r Redev lopm nt Pha e Ill r • • I • • -• • • -3- Bookmobile Replacement Right-of-way Acquisition Cul-de-sac -3300 Block South Lincoln Housing Rehab Housing Relocation Beautification of Englewood Mountain Park Property Lease Little Dry Creek Improvements Street Overlay & Sealcoat Program Paving & Sidewalk Districts Sidewalk Repair Program Traffic Safety/Controller Replacement Housing Rehab Mountain Park Property Lease Little Dry Creek Improvements Street Overlay & Sealcoat Program Paving & Sidewalk Districts Sidewalk Repair Program Traffic Safety/Controller Replacement AYES: Stoel, Tanguma, Allen, Barbre, Becker, Carson, Gilchrist, McBrayer, Senti NAYS: None The motion ca rr ied. Mr. McBrayer asked that the matter of th Display Ca se wh ich was r quest d by the Communit y D velopm nt Depar t nt b placed on the agenda for th next meeting on July 7th to b discus d und r Commission's Choice. IV. LANDSCAPE ORDINANCE CASE #8-12 Mr. Carson stat d that sine th lat me tin , h has driven throu h th City nd paid ap cial attention to th land caping in all re id nti l n ighborhooda. H J of th opinion that th d ciaion t th pr vioua m tin r garding elimination of land c ping r quir nts in th aingl - family district was in rror, and that this 1DOtion should b reconsid rd. Carson mov d: B ck r second d: Th Co is ion reconaid r th motion mad at th m tin of Jun 15, 1982, r movin th R-1-A, R-1-8, and R-1-C Zon Districts from th propoa d landac ptn requir -nta. Diacuaaion nau d. Mr. Sto lap k in oppo ttion to th r onaid r tion of th 110 ion. Mrs. R cu 1ion1 t CCOII th 1ta ra to d a draft ordJn n urth die- t thy want d na at ted that I • • • • • -4- she had discussed with the City Attorney whether it was discriminatory to require medium-density uses to provide landscaping but not require it of single-family development when they were in the same zone district. Mrs. Romans reported that it was Mr. DeWitt's interpretation that he would not say this was a legal issue, but rather a practical issue to requir landscaping throughout the City if it is going to be requir d. Mr . Romans suggested that Ms. King, Mr. Temple and she would like to spend som time discussing in depth with the Commission just what the intent is --who is the landscaping de signed to please, the passer-by or the res ident/tenant; s hould the proposed ordinance be written to be all-encompassing and th n points negotiated s uch as was done with the Sign Code? Mr. McBrayer reiterated his opinion that the provisions should not apply to single-family development; he felt there is a very distinct di ffe rence between single-family home ownership and a multi-f amily, commercial or industrial use. Mr. Stoel stated that he felt inclusion of the single- family development in landscaping requirements would discourage develop- ment of single-family uses. Mr. Stoel stated that he had recently purchased a duplex in northwest Englewood, and received a bid of $4800 to landscape the property. Mr. Tanguma stated that when additional costs are imposed on builders and developers, it is the co nsumer who ends up paying these additional costs, and the single-family cons umer can no longer afford to pay for these r egulation s and requirements. Mr. Allen stated that the same would apply to developers of multi-family uses; the land cost is higher to begin with, and it is no longer feasible to build multi-family us es and rent them --the cos t per unit is too high for people to afford. Discussion ensued. Mr. Gilchrist sugg sted that the second withdraw her second, and let the motion die at this time; it could then be brought up at a later time. Further discussion ensued. Mr. Carson stated th the felt th re should b a study s ssion on this matter, and that he want d tor con ider th xclusion of th R-1 Districts. Mrs . Becker stated that h would like to h ar what th staff h s to pre ent on this matter. Mrs. Roman not d that it ls now aft r 9:00 P.H., nd th staff pres nt tion could take on and on -half to two hour ; sh a d th plea ur of th Commission? Mr. McBray r ask d for th vot on Hr. Caron's 1110tion tor consid r: AYES: NAYS: ABSTAl Beck r, Carson T ngu , B rbre, Gilchrist, H Bray r, S nti, Sto l All n Th mot:1.on wa d f at d. Hr at d th ta has b n sch dul d for wood would b att ndin nd th sta f hav b u at d th t p rhapa sch dul d from 7:00 -8:00 P.H., provisions ind pth. • o July 7th n xt r ul r nd la I • • • • • • -5- V. PUBLIC FORUM. There was no one present to address the Commission. VI. DIRECTOR'S CHOICE. Mrs. Romans stated that the Commission had discussed the possibility of visiting different businesses in the community at a recent meeting; the Commission has received an invitation to tour the Ragsdale Company at 7:30 A.M. on July 13th. Mrs. Romans suggested that possibly some members of the City Council would also be interested in going on the tour. Mr. McBrayer asked that members of the Commission be called on July 12th to remind them of the tour. VII. COMMISSION'S CHOICE. Mr. McBrayer asked what has been done on the promotional committee that Mr. Tanguma was appointed to at the last meeting? Mrs. Romans stated that she has contacted Or. Davidson of the Englewood Public Schools; she has not heard back from the City Council at this time on a delegate from that body. Mr. Haviland is planning to participate on this committee, and the Chamber is aware that one of their members should be designated to participate. Mr. McBrayer stated that the Sign Code comes up for second reading before the City Council on July 6th; he stated that he plans to attend the Council meeting in support of the proposed Sign Code. Mr. McBrayer asked wh ther there had been any additional information r ceived by the staff on the suit involving the adult entertainment us at 4370 South Broadway? Mrs. Romans stated that she was awar that th legal staff was att mpting to quash the subpoenas, but is not aware wheth r they have b en successful. Mrs. Romans stat d that th City Council held a Public Hearing on designating comm rcisl amus ment stablishments as Conditional Us es, which would require th s us s to b considered by the Planning Commission on an individual basis; thi s matter will becom effectiv immediately. Them ting adjourn d at 9:20 P.M. • I • • -• • • LIQUOR LICENSE AUTHORITY MINUTES June 23, 1982 5 0 ~ Chairperson Donald Styes called the meeting to order at 9:05 p.m. in the Council Chambers. MEMBERS PRESENT: Donald Styes, Ronald Blanchard, Frances Cosby, Ronald Lunders, Lloyd Bryan MEP'BERS ABSENT: ALSO PRESENT: None Charles Grina, Assistant City Attorney Eric Johannisson, Revenue Chief Janice Watkins, Acting Recording Secretary * * * HR. LUNDERS MOVED, AND MS. COSBY SECONDED, TO APPROVE THE MINUTES OF THE MEETING OF MAY 5, 1982. AYES : Donald Styes, Ronald Blanchard, Frances Cosby, Ronald Lunders, Lloyd Bryan NAYS None The motion carried. * * * MR. BLANCHARD MOVED, AND MS. COSBY SECONDED, TO APPROVE RENEWAL OF THE FOLLOWING LICENSES: O'Reilly's Saloon Old Town Liquors 1215 E. Hallll)den Retail Liquor Store expires 8/13/82 90 W. Belleview Hotel and Restaurant expires 8/5/82 Donald Styes, Ronald Blanchard, Frances Cosby, Roiald Lunders, Lloyd Bryan AYES : The motion carried. * * * There being no further business, the meeting was adjourned at 9:10 p.a. Recording Secretary (Recorder's note : approval of renewals for El Rancherito and S~iz Pizza Place was accoi,>lis ,ed by telerhone r,oll ~arlier in th nonth since there w s "IO tinp.) I . • ·, MEMBERS PRESENT : MEMBERS ABSENT : ALSO PRESENT: • • - LIQUOR LICENSE AUTHORITY PUBLIC HEARING 7·Eleven Store 3501 S Logan June 23, 1982 Donald Styes, Ronald Blanchard, Frances Cosby, Rona l d Lunder s Lloyd Bryan None Charles Grinm, Assistant City Attorney Er i c Johannisson, Revenue Chief Janice Watkins, Acting Recording Secretary MR .BRYAN MOVED, AND MR. BLANCHARD SECONDED, TO OPEN A PUBLIC HEARING TO CONSIDER AN APPLICATION BY SOUTHLAND CORPORATION, DBA 7·ELEVEN STORE, 3501 SOUTH LOGAN, FOR A 3.2 BEER LICENSE· OFF PREMISES . AYES : NA YS: The mot i on carried. Donald Styes, Ronald Blanchard, Frances Cosby, Rona l d Lu nder s, Lloyd Bryan None Er ic Johannisson, Revenue Chief for the City of Englewood, presented the following exhib i ts for the City : A. The appl i cation wh i ch includes the Notice of Publ i c Hearing, all corporate papers, background information forms submitted by the offi cers, copy of the lea se, copy of the layout of the store, s tock certi f icate . B. Pet i t i t i on s ci rculated by Oedipus, Incorporated (5 petiti ons) C. Re port of t he survey f r om Oe di pus , I ncorp ora t ed r1r. Johannisson told the Authority that the area for petitioning was Yale Avenue on the north, Oxford Avenue on the south, Lafayette Street on the east, and Bannock Street on the west. Max Scott, President of Oedipus, Inc., 2902 5th Street, Boulder, CO, further explained the report and petitions. He stated that one thousand and thirty door-knocks were made. Of those, five-hundred forty-one were eligible to sign. Two-hundred eighty signed in favor of the license, ninety-eight were against, and one-hundred sixty-three would not sign for vari ou s reasons. In the final analysis, there was approximately 70S in favor of issuance of th license and 30S against . Bob Mathews, attorney for the applicant, qu stioned Mr. SCott regarding th survey done for the City by Oedipus .t wo ye ars ago whe n Sou t hland Corporation applied for a license at 3501 So uth Logan and ft was denied . • I . • • • • . · LI QUOR LICENSE AUTHORITY PUBLIC HEARING Page 2 - Cha i rperson Styes asked if anyone in the audience would like to speak against the i ssuance of this license. There was no one. Mr~thews interviewed the following witnesses for the applicant : Kathy Taylor. Supervisor for six 7-Eleven stores including the applicant . 11220 W. Powers Ave .• Littleton. CO Mark Fowler. Manager of 7-Eleven store at 3501 South Logan 7146 S. Elm Court. Littleton. CO Ron Valentine. District Manager for Southland Corporation 13068 W. Saratoga Place, Morrison, CO Mike O'Rourk, resident of the neighborhood 3139 S. Pennsylvania Natalie O'Rourk, resident of the neighborhood 3139 S. Pennsylvania During the testimony the following exhibits for the applicant were offered : A. 7-Eleven Store employee awareness form B. New employee follow -up guide C. Employee perfonnance review D. Pet i t i on made available by 7-Eleven Store on the counter at 3501 S. Logan for persons to sign in favor of the issuance of the license . The Board adjourned to consider the application fn executive session . Upon thei r return . Chai rper s on Styes reconvened the Meeting . MS. CO SBY MOV ED, ANO MR . BRYAN SECONDED, TO APPROVE TH E LIQUOR LICENSE APPLICATION FOR THE SOUTHLAN D CORPORATION OBA 7-ELE VEN STOR E, 350 1 SOUTH LOGAN, ENGL EWOOD , COLO RA DO. AYES : NAYS : The motion carried . Donald Styes, Lloyd Bryan, Fra nces Cos by Ronald Lunders, Ronald Bla nchard Th hearing was closed at 9 :05 p.m. • I • • • • • LIQUOR LICENSING AUTHORITY CITY OF ENGLEWOOD STATE OF COLORADO THF. SOUTHLAND CORPORATION 0 /B/A 7-ELEVEN FOOD STOR ES 3501 SOUTH LOGAN s·rREE'r ENGLEWOOD, COLORADO, FOR A 3 .2 BE ER OFF-PREMISE LICENSE HEAR I NG BEFORE THE LI QUOR LIC EN SING AUTHORITY JUNE 23, 1982 FINDINGS OF FACT, CONCLUSION AND DECISION OF LIQUOR LICENSING AUTHORITY CONCERNING APPLICAT I ON FOR A RETAIL 3.21 FERMENTED MALT BEVERAGE LICENSE AT 3501 SOUTH LOGAN STREET, ENGLEWOOD, COLORADO That on the 2 3rd day of June, 1982, at the hour of 7:30 p.m., the Li q u or L ic ensing Author it y for the City of Englewood held a p u bli c hea r i ng concern i ng t he application of the above license. He ari ngs we r e held i n the Ci ty Counc i l Chambers for the City of Eng l ewood at 3 4 00 Sou t h El at i , Eng le wood, Colorado, 80110. The fo l lowing Fi nd- ings of Fact a r e a d o p ted by th e L i quor Licens i ng Author ity with re- spect to this matte r : F I ND I NGS OF FACT l. On March 19 , 1982, t h e S ou t h la nd Corporat ion Food Stores , 3501 South Lo ga n St reet , Eng lewood, mitted an application to the City of Eng l ewood for fermented malt beverage off-premise license. d/b/a 7-Eleven Co l or ado , sub- a retail 3.21 2. Notice of this public hearing was pu b lished on May 12, 1982, in the Englewood Sentinel and; also, on t h e applicant's premises, 3. Personal histories of Jere W. Thompson , John H. Rodgers, and R. G. Smith were received by the City . 4. A copy of th lease has be n filed with the Englewood Liquor Lice nsing Authority sho wing the a p pli cent h•• authorit y to do busi- n ss at 3501 South Logan, Englewood , Co l orado , A d r aw ing of the layout of th building has been received b y the City. 5. Th c rtificate of incorporation from th Sate of Colorado showing the corporation has • l>tt.:retary of Lhc the author it y to I • • -• • • operat e i n Colorado has been received by the Authority nancial affidavit showing the corporation is in sound condition has been received. and a fi- f inancial 6 . A copy of the survey conducted by Oedipus, Inc., 2902 5th Street , Boulder, Colorado, has been received by the Author it y showing that 1,030 door knocks were made, 397 persons satisfied the basic requirement concerning the question of needs of the neighbor- hood and desires of the neighborhood inhabitants. Of those, 70.53% indic ated that the needs and desires of the inhabitants of the neighborhood were not being met, 29.471 i ndicated that the needs and desires of the inhabitants of the neighborhood were being met. 7. The map of the neighborhood shows six existing outlets in the neighborhood, which are three other 7-Eleven Stores, one Safeway, one Shop and Go, and Bob's Grocery. 8. The applicant presented evidence through Cathy Taylor, store supervisor for Southland Corporation, Mark Fowler, manager of the applicant 7-Eleven Store, and Ron Vallentine, district manager of the Southland Corporation. In sum they testified about the hiring, training, and supervision of 7-Eleven Store employees, with emphasis on corporation policies on storing, selling, and controlling, dispensing of 3.2 beer in the 7-Eleven Store. In support of the foregoing the applicant offered, and the Authority received into evidence, the following Southland Corporation personnel forms: an employee awareness form, new employee follo w-up guide, and first performance review. Also, received was a list of 76 patrons of the applicant 7-Eleven Store evidencing their desire that the 3.2 beer license applied for be granted. Applicant called two witnesses who were inhabitants of the neighborhood who testified in sum, that they favored and supported the awarding of the 3.2 beer license to the applicant. 9. During the course of solicited testimony from any application and at no time testify against the ~warding the proceedings the person opposed to the during the meeting of the application. CONCLUSIONS l. Notice of the hearing was properly given. Chairman twice approving of the did any person 2. The needs and desires of the neighborhood were not being met and there is a need to approve this license application. 3. The applicant• are of good moral character and qualified to sell 3.2 beer for off-premise conauaption. 2 I • • - • • • • DECISION By a three to two vote, the ~uthority approves the application of 7-Eleven Store, 3501 South Logan Street, Englewood, Colorado, for a 3.2\ fermented malt beverage retail sale off-premise lice nse. 3 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 July 14 , 1982 i A Sealcoat Program 1982 INITIATED BY Ci ty Manager ACTION PROPOSED Awa r d o f QQn§tt~~t12n Q2nttsH:t fQI s~a.l~s;ia.t Program 198 2 BACKGROUND Sealcoat Program 1982 is part of the City's a nnual maintenance program for streets that have been previously constructed to City Standards, and are now in need of a chip seal to provide a new riding sur face and extend the street's projected service life . FI NANCIAL The c osts for Sealcoa t Program 198 2 are borne by t he City , t hrough budge t ed monies i n t he Bridge Fund mon i e s ). PIF (include s Arapahoe County Road and ESTI MATED EXP ENDI TURES FUNDIN G Construction Total available for Overlay (per bid) $85,022.65 Program 1982 & S alcoat Engin ering & Program 1982 $349,000 .00 Inspection 2,000.00 Ov rl y Program 1982 pr viously awarded -196,571.40 Tot 1 ~87,022 .65 Sealcoat Program 1982 this award -87,022 .65 Fund B lance 65,405.95 Es imate b lane from PD #28 S ction B. • 30,395.63 Fund Balanc $ 95. 801. 58 I • • • • • • -2- RECOMMENDATION Three bids were received for the construction of Sealcoat Program 1982 as follows : Gil-Son Paving Company A-1 Paving Company Peter Kiewit Sons The Engineer's estimate was $85,022.65 87,010.80 98,238.00 $87,712.50 The Engineer's estimate was again revised downward prior to the bid opening to reflect the very competitive atmosphere that presently exists for construction work of this nature in the metropolitan area. The low bid of $85,022.65 represents a unit price of $.727 per square yard for sealcoat . Our last sealcoat program , involving an identical product, was constructed in the Swmner of 1979. The low bid on that project was $.75 per square yard with the City responsible for pre-sweeping, weed removal, and chip clean-up . The three aforementioned items are included in this year's bid of $.727 per square yard . Sealcoat, as is also the case with overlay, is a bargain in 1982, and we would propose applying the entire fund balance, $95,801.58, to additional overlay and sealcoat streets in an effort to take maximum advantage of this year's construction prices. There are a great number of additional streets in Engle - wood that are in need of an overlay or sealcoat. Anticipating much higher costs, our original list of streets were limited by budget, not by necessary maintenance requirements . We recommend that the construction of Sealcoat Program 1982 be awarded to the low bidder, Gil-Son Paving Company in the amount of $85,022.65 . Although we have not personalll had exp rience with this company, they appear to be aw 11 st b ished firm, nd previous cli nta have given th m good r comm nd tions. SUGGES TED ACTION: MOVED BY ______________ _ SECOND _______________ _ YES ______ __,N,O, ______ ___.ABSENT _____________ _ • I • • C O U N C I L DATE July 14, 1982 • • • C O M M U N I C A T I O N AGE NDA ITEM 8 B SUB JECT Award of Contrac t for Relocation of Liquid Oxygen Storage INITIATED BY ACTION PROPOSED William F . Owen Director of B - Counc il to approve and award contract for construc tion work associated with relocating Liquid Oxygen Storaie Tank to G. W. Starbuck INTRODUCTION The Wastewater Treatment Plant is requesting approval and award of a construction contract to the low bidder (of two), G. W. Starbuck Co ., 1370 Simms, Gol den , Colorado , 80401 , to reloca te and install a liquid oxygen storage tank for a sum of $24 ,367 .00 BACKGROUND Earlier this year, the Council approved in principle construction work associated with relocating the City of Littleton's liqu id oxygen (LOX) storage tank to the Bi-City Plant, and piping the tank into the present storage system. The City of Littleton has donated the tank to the Bi-City Plant. Thus, for the nom inal cost associ ated with relocating this unit, LOX storage at the Bi-City Plant will be increased from twc to three t anks , wh ich is equivalent to about six days of oxygen demand. This addition will improve system reliability and reduce the amount of oxygen purch sed from outsid suppliers, since we can replenish the syst m with the Cities' gen ration plant between uses . FINANCIAL DETAILS Th cot estimat for this work was $50,000. We receive bids from t wo contractors a follows: 1. G. W. St rbuck Comp ny 1370 Siums Str t Gold n, Colorado 80401 2. Brock nd 81 vina Co., Inc. P. 0 . Box 16101 D nv r, Colorado 80216 • • $24,367.00 $26,097 .00 I • • .. C O U N C I L DATE July 14, 1982 • • • C O M M U N I C A T I O N AGENDA ITEM 8 B SUBJECT Award of Contract for Relocation of Liquid Oxygen Storage ACTION PROPOSED Council to approve and award contract for construc tion work associated with relocating Liquid Oxy2en Stora2e Tank to G. W. Starbuck Com an INTRODUCTION The Wastewater Treatment Plant is requesting approval and award of a construction contract to the low bidder (of two), G. W. Starbuck Co., 1370 Simms, Golden, Colorado, 80401, to relocate and install a liquid oxygen storage tank for a sum of $24,367 .00 BACKGROUND Earlier this year, the Council approved in principle construction work associated with relocating the City of Littleton's liquid oxygen (LOX) storage tank to the Bi-City Plant, and piping the tank into the present storage system. The City of Littleton has donated the tank to the Bi-City Plant. Thus, for the nominal cost associated with relocating this unit, LOX storage at the Bi-City Plant will be increased from two to three tanks, which is equivalent to about six days of oxygen demand. This addition will improve system reliability and reduce the amount of oxygen purchased from outside suppliers, since we can replenish the system with the Cities' generation plant b tw en uses. FINANCIAL DETAILS The cost estimate for this work was $50,000. We receiv bids from two contractors as follows : 1. G. W. Starbuck Company 1370 Sil!llls Street Gold n, Colorado 80401 2. Brock nd Bl vina Co ., Inc . P. 0 . Box 16101 D nver, Colorado 80216 $24,367.00 $26,097 .00 • I • • -• • • -2- CONCLUSIONS AND RECOMMENDATIONS Because only two bids were received which were quite close, we held personal interviews with, and contacted several references for, both contractors to better assess relative capabilities . Based on this review , we are confident that either one would provide good construction services at a reasonable price. We have no strong feeling towards either, but based on the slightly lower cost, recommend that the contract for relocating the LOX tank be awarded to the low bidder G. W. Starbuck Company for the amount of $24,367 .00 SUGGESTED ACT ION: MOVED BY ______________ _ S E C OND _~~~~~~~~~~-~~~ YES ______ __,,O ______ _,A,BSENT _____________ _ • • I • • r • • - 71} BY 1'.llmOOI'l'Y' CJU)INANCE NO. SERIES OF 198-2~I=NTROOUC===ED· BY COUNCIL BILL NO. 31 INTROO.JCED BY ~IL / MDolBER 8fu ~ A BILL FOR AN CJU)INANCE REPEALilli AND REENAC'I'Ill. PCRI'I~S OF TITLE XI OP THE tx;LD«XJO PUHCIPAL CXDE OF '69 TO ~ PRECISELY DEFINE ACTS PRQUBITED IN CERTAIN CRIMINAL CJFFD6E CJU>INANCES. ~. it is deemed necessary by the Englewood City Council to repeal certain criminal offense ordinances and to amend certain criminal offense ordinances to more precisely define the acts prohibited. NCM, 'nlEREFORE, BE IT CJUl,\INED BY THE CITY' COUNCIL OF THE CITY' OF tx;UHJCX), COLCRtJ)(): Section 1. "nlat certain chapters and sections of Title XI are hereby repealed and re-enacted as follows: 11-2-8: i..LAWFUL TO PC6SESS IN PUBLIC; i..LAWFUL PUROIASE 00 PC6SESSI~ BY MINOOS (a) It shall be llllawful for any person to 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 llllawful for any person under age eighteen (18) to purchase or have in his possession any intoxicating liquor of any kind in any manner whatsoever. (c) It shall be unlawful for any person to have in his possession or tnder his control any intoxicating liquor in any container of any kind or description, which is not sealed or on which the seal is broken, in any vehicle in those areas accessible to the driver and pessengers of said vehicle when such vehicle is in a public place. (d) The rd •container• 11 include but not be limited to any dee nter, bottle, j ar, thermos bottle or jug. (e) The word • a1• shall include the regular and original tax seal pplied by order of th United States Goverment over the cap of h and every container of intoxicating beverages. (f) •Public Place• ns any pl open to the general public, either fr or by payment of an entr nee f , but shall not include any bli n proparly UcenMd to Nll and diapenae l • I • • • • • intoxicating liquor. "Public place• shall include, but is not limited to, any sidewalk, street, alley, parking lot, park, pool room fieldhouse, stadi~, or ball park. (g) "nlis section shall apply to possession of intoxicating liquor in a vehicle, in areas of the vehicle accessible to the driver or passengers, when such vehicle is in a public place. 11-2-12 SOLICITATICII C£ ~INKS (a) It shall be l.l'llawful for any person to frequent or loiter in cabaret or night club, with the purpose of soliciting any other person to purchase drinks. (bl It shall be unlawful for the proprietor or operator of any such establistl'nent to knowingly allow the presence in such establisl'mlent of any person who violates the provisions of this Section. 11-4-1: LIABILIT'i ~ ~ C£ ANCmtER, CCJ4PLICIT'i 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 C011111ission of the offense, he aids, abets, or advises the other person in plaMing or C011111itting the offense. 11-5-1 (al It shall be unlawful for a person, by any threat or physical action, to knowingly place o r att~t to place another person in fear of i11111inent bodi l y injury. (bl Bod ily in j ury means any phys ica l pa i n, illnes s, o r any i.Jlt>a i rme nt o f phy sical o r men t a l condition. 11-5-2: ASSAU LT It shall be unlawful for a person to intentionally , knowingly, or recklessly cause bodily injury to another person. Bodily injury is defined in 11-5-l(bl. 11-5-3: It shall be l.l'llawful for a person to reckl ssly engage in conduct which er at s a substantial risk of bodily injury to another person . Bodily injury is defined in 11-5-1 (bl . 11-6-1: DISCJU>ERLY ~ It 11 unl ful for any person to ngage in disorderly conduct in th City of Englewood. A person coamlta disorderly conduct if he or she knowingly or int ntionally , or recklessly: 2 • I • • - • • • - (a) abuses or threatens another person in a public place in an obviously offensive manner. (b) makes a coarse and obviously offensive utterance, gesture, or display which 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: DIS'ruRBANCE OF THE PEACE It shall be unlawful for any person to disturb the peace of a neighborhood by offensive conduct, or by loud or unusual noises, or by profane or offensive language, calculated to provoke a breach of the peace; or for any person to permit any such conduct in any house or upon any premises owned or possessed by him or under his manage- mentor control, lotlen within his power to prevent, so that others in the neighborhood are or may be disturbed thereby. 11-6-6: It shall be unlawful for a person, with intent to harass, annoy or alann another person, to: (a) strike, shove, kick or otherwise touch any person; or (b) repeatedly insult, taunt or challenge another in a lllllnner likely to provoke a violent or disorderly response; or (c) make a telephone call, or cause a phone to ring repeatedly, without purpose of legitimate COll'lll.ll\ication; or (d) make repeated COll'lll.ll\ications, or otherwise, by telephone or at inconvenient hours or in offensively coarse language; or (e) engag in conduct which alarms or seriously annoys another person and which serves no legit111111te purpose. 11~7: LOITERIN'.. (a) It shall be oolawful to: (1) loiter for the purpose of begging1 or (2) loiter in or bout a school building or grounds, not having any r ason or relationship involving custody of or reaponsi- bility for a pupil, or any other apec:lflc and legitimate reason for ing there, and not having written permission from a school inistrator1 or 3 • I • • - • • • • (3) loiter in a place, at a time, and in a manner not usual and appropriate for the place, or where circ1.D11Stances 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 17)1 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 17)1 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 COlll)ly with the preceding sentence, or if it appears at trial that the explanation given 17)1 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 17)1 other persons. (b) for purposes of this section, •1oiter• means to be dilatory, to stand idly around, to linger, delay, or wander about, or to tarry in a public place. 11--6-10: POSSESS!~ CE ILUXiAL ~S (a) It shall be unlawful for any person to possess an illegal weapon. (b) As used in this Section, ·illegal weapon• means a blackjack, boat>, firearm silencer, gas gun, machine gun, short shotg1r1, short rifle, metallic knuckles, gravity knife, switchblade knife, nunchukas or throwing stars. (c) Machine gun us defined as a fully automatic weapon capable of firing nw:>re than one time automatically with a single pull of the trigger. A short shotgun or short rifle is defined as a weapon having an overall barrel length of less than 18 inches. (d) 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 apon, or that such person is a peace officer or -.tier of th armed fore s or National Guard acting in lawful discharge of his duties. I • • - • • • • • 11-6-11: FOOFEITURE OF ~S In every case where a person is charged with a violation of this chapter involving a weapons offense shall forfeit to the City such dangerous or illegal weapon. 11-6-15: RESISTANCE, ~E Wiffl A POLICE OFFICER CR FI~ (a) It shall be unlawful for any person to resist a peace officer, l.llder oolor 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 injury. (b) It shall be l..lllawful to knowingly obstruct or interfere with or hinder a peace officer or fireman in the discharge of his duties. 11 -6-16: AIDIN:. ESCAPE It shall be 1.Ktlawful for any person to rescue, or to aid or abet, offer or endeavor to assist another person to escape fr011 custody or confinement. 11-8-1: ~ TO Oil~ It shall be unlawfu l for any person to know i ng l y, intentionally or negligently cause or permit a ch i ld t o be placed i n a situation that 11111y endanger the child's li fe or hea l th, or exposed to the incl8118ncy of the weather, or abandoned, tortured, cruelly confined, o r c r uelly punished, or deprived o f necessary food or shelter, wher e any i n jury resulting to the child i s l e ss than ser i ous bodily injury. Intr oduced, read in full , and passed on fi r st reading on the 19th day of July, 1982. Published a Sill for an Ordinance on th 21 t day of July, 1982._, Attest: Eugene L. Otis, Mayor ex officio City Cle rk-Treasurer s I • • - • • • • • ,· • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and coq>lete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th day of July, 1982. Gary R. Higbee 6 • I • • -• • ,· - 71-l BY ALmlCJUT'i CJIDINANCE 00. SERIES OF 198:-2"""'I=NTRODUC===ED BY COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MDIBER ~hu,J A BILL FOR AN CJIDINANCE REPEALIN'.i AND REENACTIN'.i PORTI~S OF TITLE XI OF 'IRE EN'.iLElr«JOD MUNICIPAL CODE OF '69 TO M:JRE PRECISELY DEFINE ACTS PRCJHBITED IN CERTAIN CRIMINAL OFFDIBE CIIDINANCES. WHEREAS, it is deemed necessary by the Englewood City Council to repeal c erta in criminal offense ordinances and to amend certain criminal offense ordinances to ~re precisely define the acts prohibited. NOol, 'fflEREFORE, BE IT ~!NED BY 'IRE CIT'i CX>UNCIL OF 'IRE CIT'i OF EN'.iLElr«JOD, C'OLOOAOO: Section 1. 'lllat certain chapters and secti ons of Title XI are hereby repealed and re-enacted as follows: 11-2-8: llU~L TO POSSESS IN PUBLIC; ~LAWFUL PURCHASE~ POSSESS!~ BY MI~ (a) It shall be unlawful for any person to have in his possession or wider 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 person under age eighteen (18) to purchase or have in his possess ion any intoxicating liquor of any kind in any manner whatsoever. (c) It shall be unlawful for any person to have in his possession or ll'lder his control any intox icating liquor in any container of any kind or description, which is not sealed or on which the seal is broken, in any vehicle in those areas accessible to the driver and passengers of said vehicle when such vehicle is in a public place. (d) '111 word •container• shall include but not be limited to any decanter, bottle, jar, thermos bottle or jug. {e) '111 word •seal• shall include the regular and original tax seal applied by order of the United States Government over the cap of each and ev ry container of intoxicating beverages. (f) •Public Pl ce• means any place open to the general public, either fr or by payment of an entrance fee, but shall not include any tablishment properly licensed to sell and dispense l I • • • • • • intoxicating liquor. "Public place• shall include, but is not limited to, any sidewalk, street, alley, parking lot, park, pool room fieldhouse, stadi~, or ball park. (g) 'Ibis section shall apply to possession of intoxicating liquor in a vehicle, in areas of the vehicle accessible to the driver or passengers, when such vehicle is in a public place. 11-2-12 SOLICITATI~ OF l:ltINKS (a) It shall be inlawful 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 establisl'lnent to knowingly allow the presence in such establistment of any person who violates the provisions of this Section. 11-4-1: LIABILI'IY FOR CDIIXJCT OF N«Yl'HER, CCJ4PLICI'IY 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 conmission of the offense, he aids, abets, or advises the other person in planning or C011111itting the offense. 11-5-1 (a) It shall be unlawful for a person, by any threat or physical action, to knowingly place or atteq>t to place another person in fear of inminent bodily injury. (b) Bodily i n j ury means any physical pain, illness, or any impairment of physical or mental condition. 11-5-2: A.5SAULT It shall be unlawful for a person to intentionally , knowingly, or recklessly cause bodily injury to another person. Bodily injury is defined in 11-5-l(b). 11-5-3: RECKLESSLY DII:W«iERit«. ANO'mER PE~ It shall be i..nlawful for a person to recklessly engage in conduct which creates a substantial risk of bodily injury to another person. Bodily injury is defined in 11-5-l(b). 11-6-1: DI~'{ CDIIXJCT It shall be unlawful for any person to engage in disorderly conduct in the City of Englewood. A person coaaits disorderly conduct if he or she knowingly or intentionally, or reckl ssly: 2 • I • • _n - • • • • (a) abuses or threatens another person in a public place in an obviously offensive manner. (b) makes a coarse and obviously offensive utterance, gesture, or display which 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: DIS'lURIW«:E OF 'lliE PF.ACE It shall be unlawful for any person to disturb the peace of a neighborhood by offensive conduct, or by loud or unusual noises, or by profane or offensive language, calculated to provoke a breach of the peace; or for any person to permit any such conduct in any house or upon any premises owned o r possessed by hi m o r under hi s manage- mentor control, when within his power to prevent, so that others in the neighborhood are or may be disturbed thereby. 11-6-6: It shall be unlawful for a person, with intent to harass, annoy or alarm another person, to: (a) strike, shove, kick or otherwise touch any person; or (b) repeatedly insult, taunt or challenge another in a manner likely to provoke a violent or disorderly response; or (c) make a t e l ephone call, or cause a phone t o r i ng repeatedly, without purpose of leg i timat e comunicat i on ; or (d ) mak e repeated COIIIIUl'lications , or othe rw ise , by telephone or at inconvenient hours or in offensively coarse language; or (e) engage in conduc which alarms or seriously annoys another person and which serves no legitimate purpose. 11-6-7: LOITERU«i (a) It shall be oolawful 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 p.Jpil, or any other specific and legitimate reason for being there, and not having writt n permission from a school administrator; or 3 • I • • n - • • • • • (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 circ1.111Stances 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 circ1.a115tance 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 unobstructed use of a public way or place by other persons. (bl for purposes of this section, •1oiter• means to be dilatory, to stand idly around, to linger, delay, or wander about, or to tarry in a public place. 11-6-10: POSSESS!~ CE' ILLEXiAL ~S (a) It shall be unlawful for any person to possess an illegal weapon. (bl As used in this Section, •illegal weapon• means a blackjack, bomb, fireana silencer, gas gun, machine gun, short shotgun, short rifle, metallic knuckles, gravity knife, switchblade knife, nunchukas or throwing stars. {c) Machine gun us defined as a fully autanatic weapon capable of firing 1110re than one time automatically with a single pull of the trigger. A short shotgun or short rifle is defined as a weapon having an overall barrel length of less than 18 inches. {d) 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 we pon, or that such person is a peace officer or nab!r of the armed forces or National Guard acting in lawful discharge of his duties • 4 • I • • - • • • • • • 11-6-11: In every case where a person is charged with a violation of this chapter involving a weapons offense shall forfeit to the City such dangerous or illegal weapon. 11-6-15: RESISTANCE, INTERFERENCE wrm A POLICE OFFICER ~ FIIUJl!AN (a) It shall be 1.Stlawful for any person to resist a peace officer, 1.1'\der ex>lor of official authority, frOIII effecting the arrest of any person,~ the use or threat of physical force or violence, or any other means which creates a substantial risk of physical injury. (b) It shall be 1.Stlawful to knowingly obstruct or interfere with or hinder a peace officer or fireman in the discharge of his duties. ll~-16: AIDIN'.i ESCAPE It shall be 1.r1lawful for any person to rescue, or to a i d or abet, offer or endeavor to assist another person to escape fr<llll custody or confinement. 11-8-1: ~ TO CllILmDI It shall be 1.r1lawful 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 c ruelly punished, or deprived of necessary food or shelter, where any i n j ury result ing to the child is less than serious bodily i n j ury. Intr oduced , read in full , and pas sed on first reading on the 19th day of July, 1982. Published as a Bill for an Ordinance on the 21st day of J uly, 198 2._, Eugene L. Otis , Mayor Attest: ex officio City Clerk-Treasurer 5 • I • • - r • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and ~lete copy of a Bill for an Ordinance, i ntroduced, read i n full, and passed on first reading on the 19th day of July, 1982. Gary R. Higbee 6 • I • • • OODINANCE NO. SERIES OF 198_2 __ • • • BY Al.l'ffl00ITY A BILL FOO. COUNCIL BILL NO. 32 ~BY AN OODINANCE REPEAL!!«. SECTI~S 11-6-14, ltU.AWFIJL TO POOSESS BlR.LAR TOOLS, 11-6-22, LOITER!!«. PRafIBITED, 11-6-23, LOITER!!«. NF.AR SCHOOL PRafIBITED, 11-6-24, l.llLAWFUL ~TI~, 11-7-16, TAXICAB ~ISI!«i, AND 11-8-11, ASSAULT 00 DIDEX:ENI' N:l"S. WHERF.AS, revi-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. NCW, 'IREREFCm:, BE IT CIUli\INED BY '11IE CITY COlH:IL OF '11IE CITY OF EN;LEW'.)()[), COLCIIADO: Section 1. That the following sections of the Engl-,od Municipal Code of '69 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 Unlawfu l Congregation Taxicab Cruising Assaul t or Indecent Acts Introduced, read in full , and passed on first reading on the 19th day of J uly, 198 2. Publ i shed as a Bi ll f or an Ordinance on the 21s t day of Jul y, 198 2. Eugene L. Otis, Mayor Attest: ex officio City Clerk..Jfreasurer I, Gary R. Higbee, ex officio City Clerk..Jfreasurer of the City of Englewood , Colorado , hereby certify that the above is a true , correct and complete copt of a Bill for an Or dinance , introduced , read in full , and passed on first reading on the 19th day of July , 1982. Gary I\. Higbee • 76 I • • ORDINANCE NO, SERIES OF 198-2~- • • • BY At.mlORITY A BILL~ COUNCIL BILL NO. 32 ~ED BY ~lza,,J AN ORDINANCE REPEALIN. SECTIOIS 11-6-14, lJU.AWFUL TO POSSESS BlRiLAR TOOLS, 11-6-22, LOITERIN. PROHIBITED, 11-6-23, LOITERIN. NEAR SCHOOL PROHIBITED, 11-6-24, ~L ~TIO!, 11-7-16, TAXICAB CRUISIN., AND 11-8-11, ASSAULT ~ INDEX:Dn' ACTS. WHEREAS, review of the offenses ~r the Englewood MWlicipal Code has i ndicated that some are duplicitous or no longer applicable, or are s uperseded by a state felony offense. NOW, 'ntEREFORE, BE IT Clmo\INED BY 'ntE CITY COUNCIL OF 'ntE CITY OF El,K;LEHJOO, O)~: Sect i on l. 'nlat the following sections of the Englewood MWlicipal Code of '69 are he r eby repealed: 11 -6-14 11 -6-22 11 -6-23 11 -6-24 11-7-16 11-8-11 Unlawfu l to Possess Burglar Tools Loiter i ng Prohibit ed Lo i ter i ng Near Schoo l s Proh i bited Unlawfu l Congregat i on Taxicab Cruising Assault or Indecent Acts I ntroduced, read in full, and passed on firs t read i ng on the 19th day of July , 198 2. Published as a Bi l l for an Ord i nance on the 21st day of July , 198 2. 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 COP'f of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th day of July, 1982. Gary R, Higbee I • • BY AUTHORITY CRD I NANCE NO. __ _ SER I ES OF 1982 A BILL FOR • • • 7 (!_ COUNCIL BILL NO. 37 INTRODUCED BY COUNC IL MFM3ER ------- FOR AN CRDI NANCE APPROVIt«:; AN AGREF>4DIT FOR PROFESSI OOAL MANAGEMENT SERVIC B~ ~ EN:iINEERit«:; AND MANAGEMENT COOSU LTANTS AND fflE CITIES OF EN.LD«XX> AND LITTLETCN, COLOOAOO, FOR OPERATI °' AND MAINTENANCE OF fflE ~TER TREA'n4ENI' FACILITY. ~. the Cities of Englewood and Litt leton, Colorado, presently have a contract for the operation and ma i ntenance of the joint Wastewater Treatment Fac ility with Culp/Wesner/Culp, wh i ch contract terminates Septembe r 13, 1982; and WHERF.AS, this type contractual management services has provided expert, effective, and efficient management for the Wastewater Treatment Plant dur ing i ts term; and \oltERFAS, William F. OWen, Pres i dent of OWen Engineering & Managemen t Consultants (OEJIIC), has subm i tted an agreemen t fo r said plant management services comnenc i ng September 14, 198 2 and ending on December 31 , 198 3; and ~. said proposed agreement for ser vices i s based on OEJIIC's proposal dated May 12, 1982 and discussions with the Littleton/Englewood Joint Use Authority Supervis ory Conmittee on June 16 and 18, 1982; and \oltERFAS, the City of Eng l ewood, bec ause o f the success of the previous a rrangemen t fo r Wastewate r Treatmen t Pl ant lllllllagemen t , desires to continue that type lllllllagement a rrangement ; tOil, fflEREFORE , BE IT CJID\INED BY fflE CITY COlKIL CF nt.E CITY OF ENiLD«XX>, COLOOAOO: Section 1. City Council of the City of Englewood hereby a pproves the agreement for management of the Englewood/Littleton Wa stewater Treatment Plant entitled •Agreement for Professional Services•, consisting of six typewritten pages, which agr nt generally provides as follows: 1) n Engineering & Management Consultants (OEJIIC), through Dr. William F. OWen, will begin management of the reactivated Englewood Plant at 1100 W. Bates, when reactivation is completed, and the Littleton/Englewood Joint Use Wastewater Treatment Facility at 2900 s. Platte River Drive, Englewood , beginning Septent>er 14, 1982; OEJIIC will utilize its best efforts to achieve compliance with existing NPDES Permit for the Plant , cost- effective operation, furnish personnel to carry out responsibiliti s of Director of Wa tewat r Tr a nt and Plant Su rintendent; provide an effectiv Plant housekeeping and odor control program, effective proces testing and analys a; OfJ4C will provid operational manag nt services, i.e., Plant .wininistr tion, proc ss evaluation and control , staff training, • I • • - • • • • • • general Plant management, supplemental techn ical consul tat i on; OEM: will furnish supplemental engineering services as deemed necessary Df OEM: for meeting operational management needs of the Plant as well as other technical consulting services; 2) Englewood and Littleton will pay pe r diem labor billing r a tes fo r OfJIIC's four eq>loyees, direct costs, living and traveling expenses of eq,loyees when way from their home office on Plant business, coq,ensation to OfJC for periods of authorization (September 14, 1982 thru Decent>er 31, 198 2 and January 1, 1983 thru December 31, 1983) not to exceed $210,000 without written authorization from Cities of Littleton and Englewood; monthly payme nt Df Cities of ODC's invoices; 3) Cities of Littleton and Englewood to furnish all available plans, specifications and other data in their possession to ODC; OfJIIC to keep records of all payroll costs, travel, subsistence, field and incidental expenses llbich shall be available to said Cities; 4) Agreanent aay be terminated DJ the Cities with 30 working days' written notice; no assignnent my be llllllde of the Agreement DJ either party without without written consent of the other; 5) OD«: or any eq,loyee of OD«: shall not be considered an eq,loyee of the City of Englewood or have any claim for any City of Englewood bene fits; OD«: shall maintain all Workmen's Coq>ensation as required DJ law, general public liability, personal inj ury liability and auto insurance. Section 2. City Cc>IR:il of the City of Eng l ewood hereby authorizes the Mayor and Director of Finance ex officio City Clerk-Treasurer to approve and attest said Agr...nt for and on behalf of the Ci ty of Englewood. Introduced, read i n full , and passed on first re ading on the 19th da y of J uly, 1982. Published as a Bi l l f or an Ordi nance on the 21st da y of J uly, 1982 • Eug L. Otis, Mayor Attest: e x officio City Cler k-Tr asurer • I • • - • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and ~lete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th ay of July, 1982. Gary R. Higbee • I • • -• • • C O U N C I L C O M M U N I C A T I O N DATE July 14 , 1982 INITIATED BY AGENDA ITEM SUBJECT MANAGEMENT CONTRAC T FOR BI-CITY WASTEWATER TREATMENT PLAT ACTION PROPOSED~~-E_n_t_e_r~_i_n_t_o~c_o_n_t_r_a_c_t~w~i_t_h~O_w_e_n~E_n_g_i_n_e_e_r_1_·n_g~_a_n_d~~ Management Consultants (OEMC) for management of Bi-City Wastewater Treatment Plant for period from Sep tember 14, 198 2 through December 31, 1983. Introduction For the past year, the City has retained the services of Culp, We s ner and Culp to provide management services for the Littleton -Englewood Bi -City Wastewater Treatment Plant. The firm assigned two individual s to work full-time at the Plant. Dr . Bill Owen has worked in the capac- ity of Director and Mr. Dave Mason has performed as Superintendent. The contract is for a maximum fee not to exceed $250,000. In addit i on to plant management, the firm was also given the responsibility t o complete the Composite Correction Program as required by the Stat e. All parties con c erned have been extremely happy with the performan c e of the engineering f i rm, and in particular with Dr. Owen and Mr. Ma son . Both individuals app e ar t o not only be very te c hn ic ally c ompetent but have strong management s k i ll s and have a ss isted the ci tie s in the vari - ous management program s and ef forts that we have been involved wi t h. At the time the f i rm t oo k over the c ontrac t, the Plant wa s e n count erin g numerous d iff icu l t ies. We were e xper ie n c ing a g r ea t deal o f empl oyee turn ov er and mora l e was bad, r elations wi th St at e p e r sonn el wer e ex t reme - ly p oor, bu dge t s were being ov erun and s h ar p ly i n c r easi ng, odo r p roblem s were occurrin g fre q uen t ly , the Plan was in poor physical condi t ion , and worst of all , we were not meeting our discharge pe r mit requirements. Mot of these problem have either been resolved or greatly llevi ted. Expenditures have been reduced by pproximately $600,000, odor problems re at a minimum , and the plant h con istently met it discharg e permit requirements. Cu rr e nt Statu Th e co n trac t with Culp , W sn r , Culp Engineers expi r e on September 13, 1982. Th Bl -City Waste water Treatm n t Su perv isory Committee , con i tin of the two city manger a n d public wor directors , h v met with Or. Own and d i c u d l rn tiv m hods of continuing with ound • I • • - • • • • • • Page 2 management and operation plan for the Plant . Dr. Owen has submitted a proposal (copy attached) to form his own engineering firm -Owen Engineering and Management Consultants (OEMC) -and to provide the same basic level of service now being provided through December 31, 1983, at a cost of $210,000 to the two cities. Mr. Mason would also continue in his capacity as plant Superintendent. Recommendation The Supervis ory Committee recommends that the Cities of Englewood and Littleton enter into a contract with OEMC to provide for managem en t services for the Bi-City Wastewater Treatment Plant. The contract would be for a period through December 31, 1983, for an amount not to exceed $210,000. An ordinance and contract is attached which should be approved on first reading at the July 19, 1982 meeting of the City Council . • I . • • • • Owen Engineer ing & Managl!llll!n Consultants 2900 South Platte River Drive Englewood , Colorado 80110 June 18, 1982 Supervisory C011111ittee, Bi-City Wastewater Tr eatment Plan t and City Councils, Cities of Littleton and Englewood c/o 3400 South Elati Street Englewood, Colorado 80110 RE : Contract for Professional Management Services for the Littleton/Englewood Wastewater Treatment Plant Centlepersons: Attached are three copies of the contract for Professional Management for the Littleton/Englewood Wastewater Treatment Plant for your review and authorization. The contract is based on OEMC's proposal dated May 12, 19B2 and discussions with the Supervisory C011111ittee on June 16 and 18, 1962. The services described herein would be scheduled to coincide directly with the ongoing contract which tenninates on September 13, 1982, and would extend 15~ months, geginning on September 14, 1982 and ending on December 31, 1983. The contract limit is $210,000. As mentioned in our conversations, Bill Owen would relocate to and establish corporate offices in the Denver area at OEMC's sole expense prior to initiation of this contract. Therefore, all Bill Owen's travel expenses would be at the expense of OEMC unless defined as special services for the contract and approved by the Supervisory C011111ittee. We look fon,ard to working with you on this and perhaps other projects, and remain, Very t~uly.yours, ~ a /-! (,?.- William F. Owen, PhD., P.E. Presid nt, Owen Engineering & Management Consultants clw enclosures: 3 • I . • • • • - AGREEMENT FOR PROFESSIONAL MANAGEMENT SERVICES This Contract i s between !Men Eng i neering and Management Consultants, hereinafter referred to as the OPERATOR and the Cities of Littleton and Englewood, Colorado, hereinafter referred to as the OWNER. The OPERATOR agrees to provide services descr i bed herein for management of the op erat ion and maintenance of the wastewater treatment fa cil ity , he r e inafter referred to as the PLANT for the fees described . SECTION I OPERATOR/OWNER REPRESENTATIVES The activities of the OPERATOR will be directed by Dr . Will i a111 F. !Men wi t h Webster J. Owen, Jr . as alternate . The OWNER's representative fo r purposes of supervision of the work, and contract administration, will be the Li ttl e ton/ Englewood Joint Use Authoritity Supervisory Collln1ttee, hereinafter r eferred to as the COMMITIEE. The OWNER' s representative for purpases of personnel and fiscal ,natters wi ll be the City of Englewood, hereinafter r efer r ed to as the CITY. SECTION II SCOPE OF SERY ICES A. The OPERATOR w1l l provide the •n•g-nt services described herei n for wastewater treatment facilities which are under the jurisdi ction and control of the COMMITIEE, spe,ifically the Joint Use Wastewater Treat- 111ent Plant and the react i vated Englewood Wastewater Treataent Pl ant . B. The services to be provided by the OPERATOR do not include the reacti- vation or s tartup of the En<1lewood Plant . Thr. OPERATOR will ber1in oian•11-nt servi ce s of the Englewood Plant after the OWNEM certifi es to the OPERATOR that the reactivation and startup of the Englewood Plant has been ca.pleted . C. The locati on of the Plant for which the OPERATOR will provide the se rv ice s descr i bed herei n wi ll be the Li ttleton/Englewood Jo i nt Use Wa s tewater Treatment Faci lity, 2900 South Platte River Drive, Englewood, Colorado 80119 , and the rea c t i vated Englewood Plant at 1100 West Bates , Engl ewood, Colorado 80110 , inc luding all fac ili ties and equii-nt loc ated within the fen ced boundari e s. D. The OPERATOR will utilize its best e fforts within the bu dg ets es ta blished by the OW NER to achieve the foll ow ing objectiv•\: Coap11ancl! with th1e exiHing NPDES Per1111t for the PLANT, cost-effective overation, and inaking the treataent plant a 111>del for the Me tro Denver region. £ The OPERATOR repreunts to ER that It 1s qu1l1f1ed 1n all respects to perfo,.. the services which it herein agrees to perfol"III . F. Th serv 1 ces to be perfol"lltd by the OPERATO under tins AGREOIENT are : 1 . Furnish personnel who are NC>loyees of the OPE RATOR to carry out the responsibilities of Director of Was tewater Treataen t and Pl ant Superi nttndent . These personne 1 w111 be directly respan- s i b 1 e to, and will repart to the COMM ITIEE. 2 . Operational Nn19-nt services to be provided by the OPERATOR tre described hereina fter in It-3 throuqh 8 and are: Pl•nt Adolinistr.tlon, Proc •• £v•lutt1on and Cuntrol, Staff T~ ln1nu, General Phnt M.nag-nt, and Suppl-ta l T chnlcal Consultation . • I • • -• • • Agreement for Professional Managemen t Servi ces page 2 of 6 3. Plant Administration services will be provided by the OPERATOR for personnel management, financial ,nanagement, and repo rti ng as described below . a. Personnel Managea,ent -The OPERATOR will be respons i ble for organization of the Pl.ANT staff for effective plant operation and control, staff evaluation and scheduling, and assigning all operating and maintenance duties among the PLANT staff . The ent i re PLANT staff will remain et111>loyees of the CITY and the CITY will be solely responsible for hiring and firing of plant staff, and for all disciplinary actions beyond verbal reprimand. Recoanendations regarding staff discipline, hiring and firing wil 1 be ude by the OPERATOR to the C ITV , as de-d appropriate by the OPERATOR for maintaining effective PLANT operations. b . Fi nanci 11 Manag-nt -The OPERATOR wl 11 perform the following financial unag-t duties for the PLANT : cost evaluation and control, financial analysis, cost projections, financial reporting, and authorization of expenditures budgets established by the COft11TTEE. Expenditures that are over Sl ,000 and are not within the appropriated Pl.ANT budget -.,st be approved by the CtMIITTEE. Unless otherwise authorized by the COMMITTEE, the OPERATOR shall aaintain 111 plant expenditures within the appropriated PL.ANT budget . Within 60 ~s of the date specified in Secti on II, It• G, the OPERATOR, shall provide the OWNER with a fiscal Mnag-t plan for the PLMIT the period of wh ich wi ll correspond to the tera of this Agre-nt as specified under Section 11, It• G. The flsal unag-t plan for the PLANT will be approved by the COMMITTEE prior to it11pl-nt1tion . The OPERATOR shall provide 110nthly updates of this fiscal plan to the COflllTTEE which will coapare actual versus planned expenditures . c. Report i ng -The OPERATOR wi 11 prepare 111 NPOES Reports, nionthly status reports, accident reports, and• fiscal .. nag-nt plan for OPERATOR Services, Including a *lnthly updating . Monthly Hatus reports, both verba l and written, wi 11 be presented by the OPERATOR to the COMMITTEE . Also, the OPERATOR w111 sublal t technica 1 and financial reports for the PL.NIT at the project cOffll)letion. The project cD11Pletion report will present rec-ndattons for future sti ff i ng and plant unage- ment and a tenoinaLion plan for transition between Lhe future director of the pllnt and the OPERATOR . These rec-ndations 11Ust be subaltted three 110nths prior to the tenninatlon of this Agre-nt . In addition, the OPERATOR will conduct periodic _t,nlj>, with the PLANT staff to keep the111 lnforaed of pertinent activities . Within 30 days of the date specified In Section II, !tea G, the OPERATOR shall provide the OWNER with • project fiscal .. n•g-t plan which will descr ibe the tasks to be ICCDIIP11shed for t h• OPERATOR'S activities, a schedule for the tuks, and show the OPERATOR'S proposed level of effort and 1ssoci1ttd OPERATOR fees by month and by task. The OPERATOR shall provide to the C0"41TTEE 1110nthly updates of this fiscal plln which will cOlll)are actual versus planned OPERATOR accomp 1 hwnts end upendltures. 4 . Procen 1v1lu1tlon and co ntrol services will be prov1d d by th OPERATOR with the intent of , CD11Plylng with th NPOES Pef'llit, providing cost tffecthe treataent, providing 111 eHect ve Pl.ANT houStkffplng end odor control progrM, and tffecthe process testing and 1n1lysh . • I • • • • • • Agreement fo r Professional Mana gement Serv i ces page 3 of 6 5 . Staff training prograas will be provided by the OPERATOR . Staff training will be conducted on a routine basis for all majo r process equi~nt, PLANT safety, and emergency operations proce- dures . All PLANT personnel will be included in the training program . 6. General PLANT 1111n1g-nt sel"Vices to be provided by the OPERATOR are: a . Coordination of the preventive 1111intenance program and equipment 1111inten1nce. b. Coordinate operational strategies for all major process operations and develop new strategies as deemed necessary for effective •n•g-t. c . Impl-nt any supplies and S1Mre parts inventory and inventory control progr• approved by the COMMITTEE . d. Coordinate the process testing and control program . e. Develop and coordinate progr-to sti11Ul1te active involv-t of Pl.ANT personnel and iaprove staff inorale . f. Iapl-t an effective housekeeping progr .. 1iaed at controlling plant odors, creating clean woning condition\, and uint1ining 1ttr1cth1 plant buildings and grounds . 7. Furnish supp1-t1l 1119ineering services. but not i ncluding the design sel"Vices, as ~d necessary by the OPERATOR for aeeting the operational .. nagtNnt needs of the PLANT. 8. Other technical consulting services to be provided by the OPEJIATOR are : continued 'coordination of the industrial pre- tre1taent progr .. , cuordinatlon of investigations pertlini119 to NPOES Repcrti119, design revlw for plant l"lhlbilitation, coordinat i on of the Stre• Stu4y and 111 other services described in OEMC's propcs11 to the CINIITTEE dated May 12, 1982, exclusive of Sect i on 6 entitled "Optional Supp1eaenta1 Assistance .• Eng i nHring consu1ti119 for llljor projects or design services are !IOt included in thts Ag,.._t. 9 . The OWNER shall, It i ts sole cost and expense, IMY all expenses incurred I n PLANT operations . G. The t1n1 of thh Ag-nt h 15 .5 -ths, which will be perforaed unde r t wo s eparlle a uthorization periods . The first authorization peri od wl ll beg in on Septeaber 14, 1982 and wil 1 extend through Oecetllber 31, 1982 . The second authoriza ti on peri od will be9 in on January 1, 1983 and ext end through De ctllber 31, 1983 . The s el"V ites identi fied i n th is Agr nt and t he to t al scope 1denti f i ed under Section II, !tea F will be conti nued during both authOriu t i on pe rlo!!s SECTION Ill PROFESSIONAL FEES A. Coapen sation sh a ll be the sua of per di • l abor co sts f or OPERATOR ', ....,1oy11 s and other di rect costs . a. Per di• l a bor billing rates for O,E RATOR 's 411111 loy11 s shall be as fol l ow s : Pri ncipals (W.F. and .J . Own) Ope r a tion $peci a11st (D .11 . MllsOII ) Cleri cal • $60 .00/hour 40 .00 /hovr 18 .00/ho ur I • • -• • - Agreement for Pro fess1ona I Management Servi ces paQe 4 of 6 Per diem billing rates cover direct labor, all indirect costs an d professional fee, in a total amount to be billed per hour work e d for each category of l!bor. C. Other direct costs include the following which s hall be billed at the actual purcha s e price and on the basis of usual comnercial charges for i terns provided by the OPERATOR: D. l. With prior written permi ssion from the COHHITTEC , serv ices d irectly appl i cable to the work, such as special account ing expenses. comput er usage and progranmi ng cos ts, special consul tan ts, outside la boratory charges, printing and binding, and similar costs that are not appli ca ble to general indirect costs . 2. Identifiable reproduction costs applicable to the work such as printing of drawings, photostating, multilithing and printing . 3 . Identifiable COftlllunication expenses, such as long distance telephone, telegraph, rable, express charges, and postare other than for general correspondenre . 4 . Liv i ng and traveling expenses of e11ployees when away from their hOffle office on business directly connected with work, including autOfllObile travel at current mileage rate of $0 .21 per mile . Changes in rates shall be made only upon authorized approva l from the C~ITTEE . Total cOllpensation to the OPERATOR for both periods of authorization defined in Section II, Ite111 G covering all services defined in this Agreement shall not exceed $210,000 without wr itten authorization from the OWNER . further, the services provided under the first authorizat ion period defined in Section II, Item G shall not exceed $40 ,000 without written authorization froai the OWNER, and separate authorizat i on IIIUSt be obtained for extending the tem of Agreetnent and COllll)ensation through the second authorization period . E. P1y111ent by the OWNER shall be 11ade 110nthly within 30 days of receipt of an i nvo1ce wh ich i teiafzes the per di• labor cos ts and other direct costs . SECTION IV IIJTUAL AGRCEMENTS It is 1111tually agreed by the p,rties hereto : A. That, eaecution of this Agreeoient constitutes author1ut1on by the OWNER for the OPERATOR to beg in work on t he date specified in Section II, Itet11 G. B. That, tht ER shall .. k, ua i1 1bl1 to th, OFt:AATOR at no cost all data in the OWNER 's possisslon, Including plans and specifications, PLANT perforunct records, PLANT personnel records, fiscal records, and other fnforNtfon required by the OPERATO R relating to his work . C. Thtt, the Agre nt represents tht ent ire 11nderstanding of the ER and OPERATOR as to those Mtters con tained herein. No prior oral or written understanding shal l bl of any force or effect with respect to those llliltters covered h1re11nder . This Agre-nt •Y not be IIOdified or altered uc1pt in writ in . s h1notd by thw pa rt I es . 0 Thlt, the OPERATOR Is eaployed to render a professional service only and any payments 111110 to hl111 a re compenutton soldly for such services u hi NY render and rec-ndat l ons he •Y 1111kt in ca rrying out the work . The OPERATOR ,..kts no warranty, 1ith1r ••Pres s ed or t1111>11t d, as to his findinqs, up1ntons, r c-ndation, f1ctual pr~sent•lion\, or profess 1on•l t<JVICt other th•n thtt th~y were perto"""d 111 ,,~,urdantu with u1rch, of s 111 and Judg11ent wh ich 11111u the sund1rd or cart •• ted of th• envi n 1r1 n profess ion • > I • • • • - Agreement for Professional Management Ser vi ce s page 5 of 6 [. That , the OPERATOR shall no t be respons ibl e for failure to provid or to delays in providing services herei nunde r due to circumstances beyond its control incl ud i ng delay s in adm inis t rative approva h , fa il ure of OWN ER t o provide i nformat ion or records, wor k stoppages or ~t ri es . or delay of action occasioned by pe rson ne l under the control o r s uper- vision of the OWN ER . F. That, t he OP ERATOR s ha ll no t be r esponsi bl e f o r d1mages ar ising out of or directly attributabl e to operation or maint enance of the PLANT prior t o the e ffecti ve date of t his Agreeme nt or damages ansrng after t he date of th is Agreement from ci rcumstances bey ond t he control of t he OPERATOR . G. That, the OPERATOR wi ll mainta i n books and ac counts of pay roll costs, trave 1 , subsistence, fie 1 d and i nci dental expenses . Said boo ks wil 1 be available at all reasonable tiines for exam i nati on by the OWNER at the Cor- porate office of OPERATOR . H. That, the OPERATOR wi ll make every e ffo rt to ut ilize CIT Y and PLAN T personnel and fac ili t i es to the maxillun extent poss i ble i n the pe rfo rmance of this Agreement . Other than i n the case of manag-nt, consulta nts , or other employees directly necessary to carry out scope of serv ices, OPERATOR shall not employ add i t i onal personnel as currently em pl oyed by t he CITY at t he plant withou t pri or written approva l of t he C0"'41 TIEE. I. That, any no tice required or penn i tted to be given hereunde r sha l l be deemed to have bee n gi ven when recei ved by the party to who m it is di rec ted by pe rsonal s erv ice , ha nd de livery , o r United Sta tes ,nail as f ollows : To OWNER : To OPERATOR : Offic e of t he City Mg r. Ci ty of Littleton 2255 We st Be rry Aven ue Li ttl e ton, CO 80 165 Off ice of the City Hgr. City of Engl ewood 3400 South El a ti Street Englewood, CO 80 110 Owen Engineering vnd Mvnagement Consultants 2900 Sou th Platte River Dr ive Eng l ewood , CO 80110 Either pa rty may ch ange its address above 1t ilny time by wrl tten no t ice to the other . J. That, in performing serv ices under this Ag re-nt, OPERATOR shill observ and abide by the tenns 1nd conditi ons of all applicable laws, regulttinns , ordinances or other rules of the United States, of the State of Colorodo, or any political subdivision thereof, or of any other duly constituted public authority or ag ency. Colorado 11w shall govern the interpr etat ion of this Agreenient . K. That, the OWNER may suspend or te,...lnUe performance by OPERATOR of any or all tasks under this A9re nt by providing written notice to OPER ATOR at least thirty (30) working days pdor to the date on wh ich NER wishe s to suspend or t,,...in,te . Upc>n such suspeusion or ter911nat1011 , the OWNER shall pay OPERATOR co,npenution e1m d to the eff cti ve date of suspens ion or ten11nU ion . OPE RATOR s hall not perfon11 furth~, wor under this Agr ement after the effective date of suspension until r ceipl of written notice froa OWNER to res-perfon11nc1. L. That, in the event either party of this A9re11111nt makes a clai• or brings any action 1ga ins t the other party for any act arising out of the perfor• mance of this Agrteffl8nt, and the claimant fails to prove such clai• or action, then the clai Nnt shall pay all legal and other related cosu and e•penses incurr d by th defendant in defense of such claim or octfon. M. That, this Agre-nt is to bt binding on the succ1nor5 and aulgnt of the parties hereto, and is not to be assigned by either party without first obtaining the written cons nt of the other . • I • • • • - Agreeme nt for Professi onal Management Services page 6 of 6 N. That, the OPERATOR is an independent contractor and not an employee of the OWNER . O. That, the OWNER certifies that i t has taken all appropriate act ion to duly authorize the execution of this Agreement and a copy of the appro- priate resolution(s) from the OWNER is attached . P. At no time shall any agent or employee of OPERATOR be considered an employee of the City of Littleton, the City of Englewood, or the COPfilITT[[. At no time shal 1 any employee or agent have any claim for employee benefits, compensation, or any other r i ghts comnonly associated with governmenta l employment against the City of Littleton, the City of Englewood, or the COMMITTEE . Q. OPERATOR shall maintain the following insurance and make available for inspection copies of said notice to C01911TTEE and shall not materially change the satt without approval of the C01911TTEE. (1) Workmen's Compensation as required by law (2) General Public Liability -$1,000,000.00 (3) Personal Injury Liability -Sl ,000,000.00 ( 4) Auto -Sl ,ooo ,000 . oo Representation for First Authorization Period identified in Section II, Item G and associated cOlll)ensation defined in Section Ill, !tell! 0 . IN WITNESS WHEREOF , the parties hereto subscribe the s-in triplie1te this _day of , 1902. For the City of Eng l ewood. Color1do BY : -{Na~.-i--------c-1-1-t-1e-1-- For the City of Littleton, Color1do BY : ... {Naie-~) -------11-i~t,-e-1- For Owen Engineering and Ml,..g-nt Consultants OY : ,{ ,;,.__ z .f. ~ · W11 liu, F. Owen , President Representation for Second Au thoriulion Period idenlified i n Section II, lleut C and associated compensation defined in Section Ill, Item 0. IN WITNES S WHEREOF . the part i es hereto subscribe the saine in lripl i cate thi• _dl.Y of _______ , 1983 . For the City of Englewood. Color1do BY : -{N-1111-.... )-------... (T .. l'"'t-1-e~) -- For the City of Littleton, ColorodO BY : -c11----1-------... n"'1'"'t .... ,,~1 For Owen Cng 1nHr1ng and Mlnag-nt Consultants BY: .... tRi---.-.1-------rrrm • I • • • • • - l ' ' / , r,, --·---~~( --<----1 C O U N C I L C O M M U N I C A T I O N DATE AGENDA ITEM SUBJECT Jul 19 1982 IN ITIATED BY Parks and Rec.reat jqp Department ACTION PROPOSEO,_.....i;:A~p~p~r~o~y~e~t~b~e~1~o~s~taa.J.Jaa~t.1a~oU-..Ja~f~a"--'b~a~o~o~e~r.__.a~,ure~r......__sMa~,~·r~b~BMr~o~a~d~1M•a~y,__~- announcing the production of "Sawdust i n My Shoes " no Augu st 5th , 6 t h and 7t b Introduction: Ken Ballard, the Recreation Supervisor, contacted the Planning Division Friday afternoon about the possibility of installing a banner over South Broadway from July 28th thru Au gust 7th to announce the presentation of the annual summer drama which is sponsored by the Parks and Recreation Depart- ment. Mr. Ballard is of the opinion that this additional publicity will attract more people to the performance. A good attendance is very important because the primary source of funding is through ticket sales. The City Council approved the installation of th LPGA banners from July 9th thru July 31st. However, becaus of the condition of the utility poles from which the banners have been traditionally hung, Morris Decorating has not yet installed the b nners and at this time, w do not know if they will. Morris does not want to assum the liability for any damage if a pole were to fall and th last w heard, was contacting Columbia Savings to see if they would be willing to do so. Traffic Engineer Plizg is very much cone rned l>out th City's ii bility if th r w r an ccid nt caua d by: 1) a motorist being mom nt rily dis- tr cted by th• b nn r; 2) n nt nn.i on truck catching on th bann r nd pulling it down; nd (3) th pole(s) br king nd falling on a pd strian or on a 11r or cars. Mr. Plizg this ar s y that Denv r and Engl wood app ar to b who still p rmit b nn rs to b hun ov r th th only citi sin public ri hta-of-w y. th1 quit r of th En l wood offic of Public S rvic s north of the U.S. 28, int rehang on South ft rnoon, nd is lao cone rn d bout th ir condition. H of th n r to nap off • that dry rot haa d v lop d und r th concr t nd th dditional tr•• in wind ato-ra could • I • • -• • • the banners . There are several locations where the poles are available. CONCLUSION AND RECOMMENDATION: The Traffic Division would be r e quired to install, maintain, and remov e the banner for the Parks and Recreation Department. The banner would be provided by Parks and Recreation, however. Permitting the installation of banners over South Broadway has been one of the small-town, people-oriented activities that the City Council has continued to approve. In light of Hr . Plizga's concern about the City's liability, the Council may feel it to be advisable to have the matter referred to the City Attorney before any further banners are approved. If the City Council has no objection to the banner being installed at an alternate location on steel poles, the Public Service Company would not object and Hr. Plizga would be less concerned than he has been with the installation from wooden poles. With this mind, the staff would recommend that the banner installation be approved. SUGGESTED ACTION: MOVED BY ___________ _ SECOND ____________ ~- V S, ____ _,.O _____ ABSENT _________________ _ • • I • • - • TO: FROM: • • • M E M O R A N D U M ---------- DEPARTMENT OF COMMUNl.r.Y DEVELOPMENT ENGl.£WOOo,COlORAO(J JUL 1 6 1982 Dorothy Romans, Asst. to Director, Planning Division Ken Ballard, Recreation Supervisor, Parks & Recreation DATE: July 16, 1982 Every Sul1111E!r, the Parks and Recreation Department puts on a Drama production at Englewood High School. This year's production "S awduct In My Shoes" features over 70 individuals participating from the Englewood area. The prime method of funding this production is through the sale of tickets to the show. Therefore, it is extremely important that we publicize the production as much as possible. For this reason we would like to request pennission to hang a banner across Broadway from July 28 through Saturday, August 7. The show dates are August 5, 6 and 7, and I feel that the added publicity would help to insure that we have a full house each of these three nights. • I . PIJB '.ISHER'S AFFIDAVIT STATE OF COLOP. ... 00 COUNTY O F Ara pahoe I )55 I Jack L. Bac on o o solcmn11 s""ear lhlll I am 1he Editor ol En gle wood Se n ti n el th at the same 1s a week ly newspaper p u b li shed 1n t he C1 1y 0 1 Eng l e wood Arapahoe S1a1e ol Colorado ana has a general c1rculatl0f'I th~re,n that 53,d newspape, has bffn p u b lished con1•nvously and un,nlenuptedly in 1 1 1d Countvol Arapahoe to, a period ol m0te than 52 weeks p uor 10 tne ltrst pu b hca1,on o l the anne•ed not.Ce thal H td ncNSP per •• enleted 1n t~ poll olt,ce al En gle wo od J un 3 0 • ,q 8 2 ,,.u, It I lhlM 11101\ ol ,1,(l tlf1I• W,l Ill lflf' ,, ••• nf ll '11,tll d J une 3 0 , Of'. rt\e I Nota r.,. •• tl .... J uly .• 8 2 • • • • PVI U SHED .k.ine 30. 1M2 ·--· ... • Rt.C F\ J(D J"U\. ·s 1@ I • •