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HomeMy WebLinkAbout1982-10-18 (Regular) Meeting Agenda• • • c,~v council Meeting October 18, 1982 Regular 0 CITY COUNCIL MEETING October 18 1 1982 • • • RESOLtITION # 42, 43, 44, 45, 46 ORDINANCE # fa'£. y. y;, 45, 46 • 0 0 I . • - • • RE GULAR MEETING: • • • COUNCIL CHAMBERS Ci ty of Englewood, Colorado October 18, 1982 I~ The City Council of the City of Englewood, Arapahoe Coun- ty, Colorado, met in regular session at 7:30 p.m. on October 18, 1982. Mayor Ot i s, presiding, called the meeting to orde r . The invocation was given by Council Member Fitzpatrick. The pledge of allegiance was led by Boy Scout Troop No. 92. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Counc il Members Higday, Neal, F i tzpat~ick, Weist, Bil o, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * * Also present were: Act i ng City Manager Vargas City Attorney DeWitt Fir e Ch i ef Broman Deputy Ci ty Cl erk Watkins * * * * * * * COU NCIL MEMBER BRAD S HAW MOVED TO APPR OVE THE MI NUTES OF THE REGULAR MEETI NG OF OCTOBER 4 , 1982 . Council Me mb er Fitzpatrick seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Nays: Abstain: Council Members Higday , Neal, Fitzpatrick, Weist , Bilo, Bradshaw. None. Mayor Otis . The Mayor declared the motion carried. * * * * * * * I • • In - • October 18, 1982 Page 2 • • • COUNCIL MEMBER BRADSHAW MOVED TO BRING FORWARD AGENDA ITEM 7A -AN ORDINANCE CONCERNING AMUSEMENT DEVICES. Council Member Bila seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays: Council Members Higday , Neal, Fitzpatrick, Weist, Bila, Bradshaw, Otis. None . The Mayor declared the motion carried. City Attorney DeWitt stated Item 7A was an ordinance for the control of amusement establishments, commonly known as the amusement device ordinance. The ordinance provides for the definition of certain types of establishments, provides for the licensing thereof and monitors certain activities that take place therein. Council Member Bradshaw prefaced her motion by stating in light of the numerous phone calls that have come in it would be wise to table this particular council bill to allow more input from the different people involved. COUNCIL MEMBER BRADSHAW MOVED TO TABLE COUNCIL BILL NO. 41, SERIES OF 1982. Council Member Bilo seconded the motion. Council Member Neal proposed to hear from the people who came down to address the ordinance. Council Member Bradshaw stated the reason to table was to form a committee made up of owners, council members, representa- tives from the schools , and the City Attorney or his designee to study and make recommendations to Council by the November 15th meeting. Council Member Higday and Council Member Fitzpatrick spoke in favor of tabling the council bill. Council Member Neal suggested a motion to suspend the rules and allow for pre-scheduled visitors and other visitors to address the specific ordinance. Council Member Bilo withdrew his second to the motion to able Council Bill No. 41. Council Member Bradshaw withdrew her motion to table. COUNCIL MEMBER HIGDAY MOVED TO ALLOW ANY PRE-SCHEDULED VISITORS THAT CAME TO SPEAK ON THIS PARTICULAR ORDINANCE, AGENDA ITEM 7A TO SPEAK NOW. Council M mber Silo second d h motion • I • • October 18, 1982 Page 3 ----~ • • • 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. Mayor Otis called for the pre-scheduled speakers. Craig Matthies and Floyd Matthies, 1496 South Osage, and business address of Cosmos, 3932 South Broadway, came forward. Mr. Floyd Matthies went through the ordinance. On 9-2-2 (d) he did not see too much difference between pool and billard tables; and it was a matter of opinion of whether a person liked video games or bowling alleys. On 9-2-5 (b), Mr. Floyd Matt hies did not understand the definition of manager. Mr. Matthie s stated the federal law entitles 18 year olds to vote, serve in the armed services, but yet they were not allowed to seek employment in these places . On 9-2-5 (b), (7i , Mr. Matth ies question the 1,000 foot limit and how it would apply to game rooms in shopping centers. On 9-2-8, Mr. Matthies understood a license fee increase but was against doubling the amount . He was against the $75.00 investigation fee on the basis it was unjustifiable. On 9-2-15 (2) Mr. Matthies stated he could not enforce the disturbances off his premises. Regarding Section 3 whi ch contained the emergency clause, Mr. Matthies stated it would be difficult to enforce keeping kids out because of the year-round school hours and kids on vacation. Mr. Matthies stated the controls by this ordinance were defeating the purpose of keeping kids in your neighborhood. They would go somewhere and take their money out of Englewood. Council Member Neal discussed Mr. Matthies objection to the license fee . Mr. Neal stated the fee in theory was to provide enforcement services for the disturbance activites which Mr. Ma hies was objecting to also. Mr. Neal stated this was a con- tr diction . Mr. N al sta ed Mr. Matthies does not want any dis- turbances but he is unwilling to pay for the fees wh ich ar suppos to pay to k ep th disturbances down . • I • • • October 18, 1982 Page 4 • • • Craig Matthies stated they just feel limited as to what they can do outside their premises. Craig Matthies explained their Bible study session on Tu e sday or Wednesday mornings. Mr. Matthies stated they were try i ng to reach out to kids and operating a video game room was a means. The intention was not to encourage problems such as d i tching school in order to play video games. Mayor Otis asked for the next speaker. Ron Monroe, Manager, Bumpers, Ci nderella City, 70 1 Wes t Hampden Avenue, came forward. Mr. Monroe was representing h i mse lf and Mr. Drazen, the owner. Mr. Monroe stated he had been i n the education field for several years and thought the best place for k i ds to be during the school term was in school. He expressed concern about keeping kids out of the amusement centers when they a re on vacation from school referring to Concept 6, year-round sc hoo l . Mr. Monroe stated the ordinance was unfair to these kids. Mr. Monro e stated he has spoken at career fairs held at schools and stated today's technology in video games can open doors for kids who want to go into electrical engineering or graphics. Mr. Monroe opposed the licensing fee and the clause pro- hibiting kids from coming into the amusement centers during cer- tain hours of the day. Mr. Monroe stated Mr. Drazen wanted to go on record that he did not receive any notification of this change in ordinance and feels it is a violation of his constitutional rights as a business - man. Co unc il Member Fitzpatrick asked if Mr. Monroe had ever questioned any of the students in his establishment if they were ditching school. Mr. Monroe stated he does kids are truant because of school. or in a park or wherever kids go. because they are having a Pac-Man wanting to be away from school . talk to them . Mr. Monroe stated They may end up in the arcade They are truant from school no attack, but becaus they ar Council Member Fitzpatrick stated all the ordinances th~t the City passes are published in th Engle wood Sentinel . COU NCIL MEMB ER WEIST MOVED TO GO BACK TO THE REGULAR AGENDA UNDER "PRE-SCHEDULED VISITORS" FOR ITEMS A, 8, ANO C IN LIGHT OF THE TIME AN D SO ME OF THE PARENTS MAY BE EXPECTING SOME OF THE CHILDRE N HOME BEFORE THIS HOUR. Council M mber Fitzpa rick • I • • • • October 18, 1982 Page 5 • • • 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 Mayor declared the motion carried. * * * * * * * Pre-scheduled visitors, Firefighters Don Schoenbein and Randy Pickrel, were in attendance to present the award prizes to the winners of the 1982 Fire Prevention Poster Contest. Mayor Otis viewed the winning posters and presented the honors to the child- ren. * * * * * * * Pre-scheduled visitors, Mr. Allan Fleming and Ms. Jody Bachelor, were present. Mayor Otis presented Mr. Fleming and Ms. Bachelor with a citizens award for saving Mrs. June Hively's life during a fire in Mrs. Hively's Englewood home. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE A PROCLAMATION DECLARING OCTOBER 17 -23, 1982, AS NATIONAL BUSINESS WOMEN'S WEEK. 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 the motion carried. Pre-scheduled visitor, Debbie Van Epps, President of the Englewood Business and Professional Women's Club, was not present to accept the proclamation. Mayor Otis instructed staff to see that the women's club received the proclamation. * * * * * * * The Council returned to discussion on amusement ordinance • • I • • • • • • • -- October 18, 1982 Page 6 Mr. Raymond Miller, 936 E. 18th, Denver, attorney appearing on behalf of pre-scheduled visitor, Richard Babich of 1537 West Alamade, came forward. Mr. Miller stated Mr. Babish operated Automated Amusements and distributed amusement devices. Mr. Miller stated the goals of the proposed ordinance were laudable; however he had some problems with some of the provisions. Mr. Miller objected to the time limitation being too restrictive. Mr. Miller stated the licensing procedure was too restrictive, one violation and the license can be revoked. Mr. Miller stated there were truancy laws to enforce keeping kids in school. Mr. Miller stated this enforcement should be placed on the parents and school officials not the businessman. Mr. Miller stated there are manda- tory school attendance laws. Further some of the arcades are in shopping malls are governed as to the hours they can stay open. Council Member Neal asked if Mr. Miller had any objec- tion to Section 9-2-15 (2) which in some fashion makes an operator reponsible for what is happing immediately around him. Mr. Miller stated it goes to imposing a burden which is rightful, but there were ordinances outside the licensing provision to handle these problems. Mr. Mil ler stated the objection was not with the goal but with the burden and where it is placed. Mayor Otis called for the next speaker. Mr. Robert Briola, Bob's Grocery, 3296 South Washington, came for ward. Mr. Briola stated he was interested in the topic because he had 3 machines; however, he had not had enough time to think over the ordinance. Mayor Otis called for the next speaker. Evan Lipstein, 7000 w. 14th , Lakewood, came forward. Mr. Lipstein was representing Bally Manufactu ring Company, the Funway Freeway Amusement Center in Cinderella City . Mr. Lipstein ob- jected to the discretion given the Director of Finance in licens- i ng the establishments. Mr. Lipstein question the 1,000 foot li mi tation. Mr. Lipstein asked for a clearer definition of light- i ng requirements. Mr. Lipstein agreed with Mr. Miller in that the t i me limit was too restrictive. Mayor Otis called the next speaker. Mark Norek, 4975 South Logan, came for ward. Mr. Norek stated he was a buyer/merchandiser for Southland Corporation for Colorado, Utah, and New Mexico. Mr. Norek stated he agreed with he comments made thus far against the ordinance. He agreed to na c t some sort of committee from the business community , from the • I • • - • October 18, 1982 Page 7 • • • Englewood community, from City Council, and he would be glad to discuss 7-ll's past experience in the video business and Sileo West which is 7-ll's representative in the video amusement game busi- ness, to put our recommendations, our time and energy with the Council and any committee that wants to meet to fix this situation and in a sense that everyone is happy with what's going on in the community with video and pinballs, arcades, or whatever. Council Member Bilo asked how he lighted his machine area. Mr. Norek stated we have asked t he managers to take a couple of lights out in the game areas and to dim out only certain areas. Mayor Otis called the next speaker. Joe Mc Govern, 2280 South Xanadu Wa y, Suite 230, with the regional offices of Show Bi z P i zza Place. He agreed with Mr. Miller about the restrictiv e time l i mi t. Mr. McGovern stated he did a substantial business t hr o ugho u t the day with day care centers, moms and dads bring i ng in ch i ldren, etc. Mr. McGovern stated he remembered what he was doing back in Hawai i when he wa s cutting school. It was not sipp i ng Coke and playing video game s . He wished it had been because he might have saved four or five years of his life. Mayor Oti s s ta t e d Council wa s not satisfied with th e present ordinan c e. The au tho r of th e council bill has offered to table it and set up a comm i tt e e t o see what can be done. COUNCIL MEMBER NEA L MOVED TO TABLE THE COUNCIL BIL L UN TIL THE 2 ND MEETING IN NOVEMBER AND TO ESTABLISH A COMMITTEE TO STUDY THE BILL. Co un cil Member F itz pa t r ic k s e c onded the motion. Upon a call of th e r oll , t h e vo t e resulted as f o l lows: Ayes: Nays: Council Members Higday , Neal , Fitz patrick , Weist, Bradshaw , Otis . Council Member Bilo. The Mayor declared the motion carried. Council Member Silo stated he voted the nay because he would p r o b a b ly be out of to wn for the second meeti ng i n November . City Attorney De Witt stated in re writing the ordinance Council wo u ld have to act upon it t wo times , a mendment on the 15th and final reading the first meeting in Decemb r • • I • • - • • • • • -- October 18, 1982 Page 8 Council Member Silo changed his vote to aye. COUNCIL MEMBER BRADSHAW MOVED TO RECONSIDER THE MOTION. Council Member Silo 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. Upon a call of the roll, the vote on the original motion resulted as follows: were: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis . None. The Mayor declared the motion ca rried. • • • • • • * There were no other vis i tor s at this time • • • • * • * • "Co mmun icatio ns -No Action Recommended" on the agenda (a) (b) (c ) (d) (e) (f) Minut es of the Board of Ca reer Service Co m- missioners mee ting of August 19, 1982. Minutes of the Urban Renewal Authority meet- ing of September 1, 1982. Minutes of the Planning and Zoning Commission meeting of September 21, 1982. Minutes of the Liquor License Authority meet- ing of October 6, 1982. Minutes of th Public Library Adv isory Board meeting of October 12, 1982 . Memorandum from th Dir ctor of Engineering Services to th City Manag r cone rning his at endanc at th APWA Congress and Equip- I • • • • October 18, 1982 Page 9 (g) • • • ---- ment Show in Houston. Memorandum from a Battalion Chief and Captain in the Fire Department to the City Manager concerning their attendance at a Hazardous Materials Tactics Seminar in Nashville. COUNCIL MEMBER NEAL MOVED TO ACCEPT "COMMUNICATIONS -NO ACTION RECOMMENDED", AGENDA ITEMS S(A) -S(G). 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. The Mayor declared the motion carried. * * * * * * Mayor Otis declared a recess at 9:00 p .m. vened at 9:10 p.m. Mayor Otis asked for roll call. the roll, the following were present: * Council recon- Upon a call of Council Members Higday, Neal, Weist, Bilo, Bradshaw, Ot i s. Absent: Coun cil Me mber F i tzpatr ic k. The Ma y o r decla r ed a quo rum pre s ent . ORDINANCE NO . 42 S ERIE S OF 1 982 * * * * BY AUTHORI TY * * * COUNCIL BILL NO. 44 INTRODUCED BY COU NCIL MEMBER NEAL AN ORDINAN CE APPROVING AN AGREEMENT WITH BOARD OF COU NTY CO MM IS- SIONER S , ARAPAHOE COUNTY, STATE OF COLORADO , PROVIDI NG MUTU AL ASSI STANCE IN PROVIDING TRANSPORTATIO N TO SE NIORS AN D HA NDIC APPED S ENIORS. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 4 4 , S ERIES OF 1982 , ON FINAL READING. Council Member Silo seconded the mo tion. UPon a call of th roll, the vote resulted as follo ws : Ay Council M mb r Higday , N al, • I • • • October 18, 1982 Page 10 Nays: Absent: • • • Weist, Bilo, Bradshaw, Otis. None. Council Member Fitzpatrick. The Mayor declared the motion carried • • • • • • • • Council Member Fitzpatrick entered the meeting at 9:15 p.m. ORDINANCE NO. 43 SERIES OF 1982 • • • • BY AUTHORITY • • • COUNCIL BILL NO. 48 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ARAPAHOE REGIONAL LIBRARY DISTRICT FOR 1983. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 48, SERIES OF 1982, ON FINAL READING. Council Member Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • ORDINANCE NO. 44 SERIES OF 1982 • • • • BY AUTHORITY • * • COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO , FOR THE YEAR 1983 AND ESTABLISHING A MILL LEVY • I • • - • • • October 18, 1982 Page 11 • • • FOR THE ENGLEWOOD COLORADO DOWNTOWN DEVELOPMENT AUTHORITY AND DE- CLARING AN EMERGENCY. City Attorney DeWitt noted a letter from the Englewood Downtown Development Authority which was included in the packet. Mr. DeWitt stated the letter supports the establishment of the mill levy at 5 mills for the EDDA for 1983. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 49, SERIES OF 1982, ON FINAL READING. Council Member Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • ORDINANCE NO. SERIES OF 1982 • • • • BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE PROHIBITING CORPORATE OFFICERS, AGENTS, OR EMPLOYEES FROM VIOLATING THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD BY ADDING SECTION 5, TO CHAPTER 3, TITLE 11 OF THE EMC '69, AS AMENDED. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 50, 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 • • * • • • • • BY AUTHORITY I • • - • ~ • October 18, 1982 Page 12 ORDINANCE NO. SERIES CF 1982 • • • A BILL FOR COUNCIL BILL NO. 54 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING AN AGREEMENT WITH REGIONA L TRANSPORTATION DISTRICT. COUNCIL MEMBER FITZPATRICK MOVED TO PA SS COU NCIL BILL NO. 54, SERIES OF 1982, ON FIRST READING. Council Member Silo sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Nea l , Fitzpatrick, Weis t , Silo, Bradshaw, Otis. None. The Mayor declared the mot ion carried. ORDIN AN CE NO. SERIES OF 1982 * * * * BY AUTHORITY A BILL FOR * * * COU NCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING SUBSECTION (3) OF SUBSECTION (A) OF SECTIO N 2 , CHAPTER 6, TITLE XIII OF THE '69 ENGLE WOOD MUNICIPAL CODE, AS AMENDED, BY CHANGING REFERENCE TO COLORADO STATE LAW. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 51, SERIES OF 1982, ON FIRST READING. Council Member Fitzpatrick sec- onded th motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member s Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * • • * • I • • • • • • • October 18, 1982 Page 13 COUNCIL MEMBER BRADSHAW MOVED TO PASS A PROCLAMATION DE- CL ARING OCTOBER 24, 1982, AT "UNITED NATIONS DAY". Council Mem- ber Bilo seconded the motion. Council Member Neal spoke against the proclamation based on the United States' policy of action if Isreal is thrown out of the United Nations. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Bilo, Bradshaw. Council Members Neal, Fitzpatrick, Weist, Otis. The Mayor declared the motion defeated. * * * * * * * City Attorney DeWitt stated the Odd Fellows case would be argued in Arapahoe District Court on October 22, 1982, at 8:30 a.m. and invited the Council to attend. * * * * * * * City Attorney DeWitt stated he was working on the down- town ordinance and would be following up with the landscaping or- dinance in the near future. * * * * * * * City Attorney DeWitt stated he wou ld be out of the office on October 20 and 21 . * * * * * * * Acting City Manager Vargas presented a Council Communi- cation concerning the 1982 Concrete Replacement Program and award of construction contract for the program. The low bidder was J & N Concrete. CONTRACT CRETE IN seconded follows: COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE CONSTRUCTION FOR THE 1982 CONCRETE REPLACEMENT PROGRAM TO J & N CON- THE AMOUNT OF $18,597 .21. Council Member Fitzpatrick the motion. Upon a call of the roll, the vote resulted as Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis • I • • - • • • October 18, 1982 Page 14 Nays: None. • • • The Mayor declared the motion carried • • • • • • • • Acting City Manager Vargas referred to a memorandum con- cerning the 1983 budget and asked if Council was in agreement. COUNCIL MEMBER BRADSHAW MOVED TO DISCUSS THE 1983 BUDGET IN A STUDY SESSION ON MONDAY, OCTOBER 25, 1982, AT 5:00 P.M. Coun- cil Member Bilo 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 Mayor declared the motion carried. • • • • • • • Mayor Otis asked for volunteers to sit in the viewing stand for the Veteran's Day parade, November 11, 1982. No one volunteered. • • • • • • • Mayor Otis reminded Council of the need to appoint re- placements for the vacancies on the Non-Emergency Employees Re- tirement Board and on the Election Commission. Mayor Otis stated he recommended Bill Byer for the Retirement Board and Mr. Devol for the Election Commission. Council concurred • • • • • • • • Council instructed the City Attorney to prepare a pro- c lamation to declare the week of November 21 -28, 1982, as Nation- al Bible Week. • • • • • • • Mayor Otis stated there will be no parking signs posted for the annual holiday parade this year and no parking will be en- orced strictly. Mayor Otis stated Dorothy Romans was handling th • I • • - • • • • • • - October 18, 1982 Page 15 mechanics of the enforcement and to contact her if there were any problems. * * * * * * * Mayor Otis informed Council Pat Crow, the City Manager's secretary, was in the hospital and that a card and flowers wou ld be sent to her. APPOINT NANCE. call of * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO AUTHORIZE THE MAYOR TO COMMITTEE MEMBERS TO WORK ON THE AMUSEMENT DEVICE ORDI- Council Member Fitzpatrick seconded the motion. Upon a 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. * * * * * * * COU NCIL MEMBER BRADSHAW MOVED TO HOLD A PUBLIC HEARIN G ON NOVEMBER 15, 1982, AT 7:30 P.M. OR AS SOON THEREAFTER AS COUNCIL CAN HEAR THE MATTER ON AMENDMENTS TO THE REDEVELOPMENT PLAN. Coun- cil 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 the motion carried • * * * * * * * Council Member Fitzpatrick asked that answers to various questions on the redevelopment plan be available at the study ses- sion on October 25, 1982. * * * * * * * Acting City Manager Vargas stated information concerning the s wer rate analysis would be available at the October 25th study session • • I • • - • • • October 18, 1982 Page 16 * * * * • • • * * There was no further business to discuss. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. * * Mayor Otis adjourned the meeting without a vote at 9:35 a.m. Deputy City Clerk • I • • - I... I. ) 7 :30 P.M. 1. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL OCTOBER 18, 1982 '0 ti,o Call to order, invocation by Pastor Dale Schlafer, South Evangelical Presbyterian Fellowship, 3311 South Broadway, pledge of allegiance by Boy Scout t Troop No. 92, and roll call. J V · ,l- Minutes. (a) Minutes of the regular meeting of October 4, 1982. (Copies enclosed.) 2 . Pre-Scheduled Visitors. (Please limit your presenta- L ~ l l .i_ '- "t,1 --, l, ) tion to 10 minutes.) (a) (b) (c ) i - (d ) Firefighters Don Schoenbein and Randy Pickrel will be present to award prizes to the winners of t he 1982 Fire Prevention Poster Contest. Mr. Allan Fleming and Ms. Jody Bachelor will be present to accept a citizens award for saving Mrs. June Hively's life in a fire in her Englewood home. Ms. Debbie Van Epps, President of the Englewood Business and and Professional Women's Club, will be present to accept a proclamation pro- claiming October 17 -23, 1982 s National Business Women's Week. (Copies enclosed.) Mr. Craig Matthies and Mr. Floyd Matthies, 3932 South Broadway, will b pr s nt to discuss the Amus ment Devic Ordinance (Item 7a ). Hr. Ron F. Monro , H n gr, nd Hr. St nton H. Draz n, Own r of Bumpers in Cinderell City, will b pres nt to discuss the Alnus m nt D vie Ord i nanc (It m 7 ). I • • • • • Page 2 Oc t o b e r 18 , 1982 Agenda 2 . . rJ 3. 4. 5 6. Pre-Scheduled Visitors Continued. (Please limit your presentation to 10 minutes.) (f ) Mr. Richard Babich, 1537 West Alameda, will be present to discuss the Amusement Device Ordinance (Item 7a). (g ) Mr. Robert Briola, Bob's Grocery at 3296 South Washington Street, will be present to discuss the Amusement Device Ordinance (Item 7a) . Other Visitors. (Please limit your presentation to s minutes.)t /),,,.,,r. ~u_.i. '-11U-~ Public Hearing.~ )!l e, J.. ~ Communications -No Action Recommended. (a) Minutes of the Board of Career Service Com- missioners meeting of August 19, 1982. (Copies enclosed.) (b) Minutes of the Urban Renewal Authority mee tin g of September 1 , 1982. (Co pi e s enclose d .) (c) Minutes of the Plann i ng and Zoning Co mm is s ion me eting o f September 21, 1982, (Cop ies enc l ose d.) (d ) Minu te s o f t he L i quo r Li c ens e Auth o r i ty meeti ng o f Oc t o b er 6 , 198 2 . (Copie s enclosed.) (e) Mi n utes of t he Pu bl i c Lib r ary Advisor y Board meeting of Octob r 1 2 , 198 2 . (Cop ies enclosed .) (f) Memorandum from the Director of Engineering Servic e to the City Manager concerning his att nd nee t the APWA Congress and Equipm nt Show in Houston. (Copies nclos d .) (g ) M mor ndum rom a Batt lion Chief and Capt in in th Fire Dep rtm nt to th City Manger cone rning th ir tt nd n e e at H zardous Mat rial T ctics S minar in Nashvill. (Copies ncloa d.) Co munic i o n -Action R comm nd d. • I • • • • • Page 3 October 18, 1982 Agenda 7. City Attorney. C J Ordinances on Final Reading. Ordinance amending Title IX, Chapter 2, of the Englewood Municipal Coe of 1969, as amended, by repealing and reenacting Sections 1 through 8, inclusive, relating to the control of amusement establishments, commonly known as "Amusement Devices Ordinance," and declaring an emergency. (Copies enclosed.) Ordinance approving an Agreement with the Board of County Commissioners, Arapahoe County, State of Colorado, providing mutual assistance in providing transportation to seniors and handi- capped seniors. (Copies enclosed.) Ordinance approving an Agreement for Library Services between the City of Englewood, Colorado, and the Arapahoe Regional Library District for 1983. (Copies enclosed.) Ordinance fixing the tax levy in mills upon each dollar of the assessed valuation of all taxable property within the City of Englewood, Colorado, for the year 1983 and establishing a mill levy for the Englewood Colorado Downtown Development Authority and declaring an emergency . (Ordinance and letter from EDDA enclosed.) Bills for Ordinances. Bill prohibiting corporate officers, agents, or employees from violating the Municipal Code of the City of Englewood by adding Section 5, to Chapter 3, Title 11 of the Englewood Municipal Code of 1969 as amended. (Copies enclosed.) (f) Bill pproving an agreement with Reg ional ·lct....i'ransportation District. (Bill and Council ~ l Communication enclosed.) Bill amending Subsection (3) of Subsection (A) of S ction 2, Chapter 6, Title XIII of th 1969 Englewood Municipal Cod , as amend d, by changing ref renc s to Color do Sc t Law. (Copi s n c los d.) Procl m ion. (h) ion procl iming Octob r 24, l 82 s ion Day. (Copi s nclos d.) I • • -• • • Page 4 October 18, 1982 Agenda 7. City Attorney (Continued). 8. 9. 10. Adjournment. t~) r)!:£,,~ AND MCCOWN Ci Manager AM /sb en 11-;s ~ t:11-1 3c {) C'--<. l <J o tJ' 'Y>v-->1 ? 1 • I • • • • • , ~ '-X () Oi u1rvu ./Y) ~ ') lq... '""r-j 1 ' j ROLL CALL . Jo r ,">,. Moved Seconded Aye Nay Ab s ent Abstai n Hiadav Neal Fitzoatrick --Weist Bi lo Bradshaw Otis {1_LJ--d CJ ~ /I ~ nul:~-v0 ~,__-;;_.,;,L (? ~ / ~[ SuJ Ju-.y P-q ~ (? ~J--. ~tH-:u 2d i90 I ~ u ,,1-Cl Y1 . I . . • • • - • • -- ROLL CALL Moved Seconded Aye Nay Ab s ent Ab stain Hiadav V Neal 1,...--- Fitzoatrick t.-------Weist .....- Bi lo v Bradshaw -Otis V I • • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiadav I Neal V Fi tzoat rick Weist Bi lo V Bradshaw I Otis 1-- • I • • • • • • • ROLL CALL Moved s 1_ econded I j Hiodav Aye.._ r Nay Absent f Nea 1 I I I I Abstain I I 1 Fitzoatrick I ----Weist I - ' , ~ Bi lo I -,_ I/'" I Bradshaw I I I I Otis I I I I I I I • • • • • - • • • e r1nf ROLL CALL Moved Seconded Aye Nay Absent Abstain Hi da Neal Fitz atrick Weist Bi lo Bradshaw Otis • I . • • • • - • • .,_ ----.. ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiodav Neal Fi tzoat rick ---·---Weist ,_,_..-Bi lo ~ Bradshaw Otis • I • • • -• • • ROLL CALL Moved s econded Aye Nay Absent Ab s ta in ~ Hindav I -·-Neal '-Fitznatrick ---Wei st -Bi lo Bradshaw I i Otis l /Ii ai-./iv ,,_, J -. ) ~ -Ou l '--' p u -JL -J )A.2:f:~~ ~ (,,t'Y"----r /?Ju ,1., d,1 ,,) i,;: '.:___ '~ <- I ( • Ct~ ;: ·t I , {l ~-7 () ,,f? { I/-I -__, l J t '/i.()u ,,,. 1.,.,.,~,..,1.,_. (I U ~ G / 1 ( <')) • I • • • - • • --.. ROLL CALL Moved Seconded Ay e Na y Ab s ent Abstain . Hindav (.,' Neal Fitzoatrick --Wei st Bi lo -Bradshaw Otis l:;}-l,<_,.A.J/tf ----v--d ;57u ~ -r tCZ /u,u /1/) 1 ~t4 • I . • • • • -• • ROLL CALL Moved Seconded A ye N ay Absent Abstain J; Hiadav Neal I Fitzoatrick ·-Wei st I -Bi Jo I Bradshaw I Otis I \ • I • , • • - Moved Seconded -f. d q_ 2 -2 • C(, ·7 - • (! -y I • • • • ROLL CALL Aye N ay Ab s en t Abst ai n Hiadav Neal Fitzoatrick Weist -·- Bi lo Bradshaw Oti s d })La.i/1.uo I.Lf-tJ[p so~ l ( 1 <) < -/IS t> ~ f ,, ,t< Jj V ,L ( 1 &> s c9.,.a4 ~ s-JJ'lf~j' L .;;i 7,.., > c...,._.... C ~ ~ ll I c;. A. ,If.. ,,( ( • u -, o C; • / ))L t (! 1..J u, ~ ',J t.. <.t. • I • - • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiodav Neal Fitzoatrick Weist -- Bi lo Bradshaw Otis 9-~ ... I~--(_,u---;r),,lk..<{ Ju.-:t /2J ff cc)J ( Jj _;L • ct JU: u '¥--_/.. l{ZAUH V--1. )<:1-.()/).V'..«.t ~ -0 J '8-t,A-0L£4. ~ A) u )L /-~t JI q ei~~~-3 e 'r ~; ~. --~--/ 9 ~. -. [&... · ~ 6 (.Jl, )le(// l( ')). ' z.o u c. ('..t l tt c' /) 4' /-/2. 2 >'-6 C tf l..A. _, LA.... C-<. l "·v-- -, L~ I-,.t ~ 'S Ju ~H L I t 'i"' 4 t'~ y ll 1/ ~ ) l 1:; 'f; ( ,< \ i'J'" I , "l(. { & 1.,/ ' :J ( "' ~ < ~ 1 (!../ tfa <' -/) • .-c1' L,-<;}~-- ,(, " I. t. tll k r IA. t U i' ?l~ t , 'v I <I., '" ._.,,, _,I(.. ( (_ 1 C,<t • I . • -• • • ..... _ -e:::x,---~ ROLL CALL Moved Seconded A ye Nay Absent Abstain Hindav Neal Fi tzoatrick --Weist Bi lo Bradshaw Otis U ... U:.A. ..,vL. Li' t-<_,J r L _&.,,i.;J;__'-l !ft, <-L h .. y-L~~ ,1-• A ,l ~ ?.U .k .,_'t <{J _. / I ( ')1 C \ t J l.l,i . /I U{ "l ~ ~ 'lu. -o. i.:[: d' -<. It i-1 I.< r {I '(J t) ..{_ (') • C ) l ~ -f! ) Lt k I { ( {C4 /-L .J.., l,(l((r-1. (' {'i i{L, ? S <' I, " 7 l " I t t, (v, ) l ( , 1 (I 1, c t • n, 1 -,,(_), ,J (( ~ 1- ,: ./))I~)., ./ /. ,.(J.ti , .,I - l l /J .-, c7l t 17 • I • • Moved • • • • ----- RO LL CALL Seconded Ay e Nay Ab t s en Ab s t a i n Hiadav Neal Fitzoatrick -----Weist Bi lo -Bradshaw Otis ,f /Y1!ltilta.R · _ ·Tu ~A'">'i v ) ((_ J C,~ 'X<'d -( 7 H >ltl.J {t( [/ZU yi-t,)'[£X(u,z f ( 10, 1D I 21. I ? I-< "-L ('.,:' (/'·.I ., ; \ I • • • • • ------.a-.:=--;:-: ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiodav Neal Fitzoatrick --Wei st Bi lo Bradshaw Otis r -~~ ;; fl ?}f~&-. -» l ~ 17/2t'2...,, _,IA. L(:{_,h uu ')L0 fa7.o 1 -n cY /)1 , /ll (!ffld. -dL-tl /) I-/lfl ~~ < 01..:., 6 /)J /> 1 , ,<l "'-<-/u V r..._, /J' l2 (.->a I . • • • • • • .___..____ _,,_ --=-- ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiadav Neal I -Fitzcatrick ---~-Weist Bi lo Bradshaw Otis \ 0 r 6 I • • • • - • • • • • ---=-- ROLL CALL Moved Seconded Aye Nay Absent Absta · 1n Hiadav Neal Fitzoatrick Weist --- Bi lo Bradshaw Otis J~ r --,<-~ F'v_ljc.__., I.A_ ( y.. ...... .,Lha ,01.P d_ a.U -<Auw ~-;:r; «,ru ti }i-v_,:yu 6J.Jio cf(L-OA' n /-. C:U.1/il //®) I . . .....-. . I - ..,,, Moved a • • • • • • ROLL CALL Seconded Hiadav Neal Fitzoatrick Wei st Bi lo Bradshaw Otis ti 1 1 h '))t.,y_,,;.r 0-1. J../?J 'l 0:... /-z 1 · Aye Nay Absent Abstain J 'j" / 3?> c Ju,J.__,ru jOO 'l 1. "rt~ tZ {J. 0 • --- { cu I . • la n • • • ROLL CALL Moved Seconded A ye Nay Absent Abstain Hiadav '\ './ Neal ) . Fi tzoat rick I -- Weist I Bi lo I V Bradshaw T Otis \. I • • • - • Moved Z· ROLL CALL Seconded Hindav Neal Fitzoatrick Wei st Bi lo Bradshaw Otis )'' £ntk.. {lft C(r:Y, 4. -a CJ {r {i • • • Aye Nay Absent Abstain ·- .I. ..:J - ,..,,. 6 ,·1 ~L (,/ -/)')1..1!,.(1..")?. () '-'£!.~,r..~·LV ., I , ,; 1-<./- ~n f '<-R ?l,Q.,....,, ~ ':..I 1 ?~ ,('. If 1 ./-~/-/}7 /) /, _..tj t( ,-( ).__... I,,,, 1-~r ., t..~' -L11 )7.:Jc , •• t., --~ (/ e,,.-/ r . lt I ) r)I J} 1! •. r ,:, ,,. r,· , ~, . .)f.t c • -· I • • I ~-I • • > lb Moved .u D V' C·---- Seconded I (.l ,,11 • • • ROLL CALL Aye Nay Hiadav Neal Fitzoatrick Weist Bi lo Bradshaw Otis r c lu ._, -/iuJ IL''-- /Y'' ~ ~t ~ L i -,,l ' -l /u (, ' 'r f'J < l, ,,~ G .....f.r-t_.l ~ .,.. ~ 0 4-.. j '-'-' I' U ? Cf J. b.._1._ ~ tx. () z. d ( t n ,, 0<.,, _-;L!,u. l Tiu._, h--c..i!/tt-a..t. J u ,u_, /( I-4. { l L.. /~ t ' ( Absent Abstain I I 1 s ~Y <J /' , , 0 ( 4''J I uj ?, :;_ q (,,-5 Ct ;,,, Au f ,, l /Lt i t k.-/) t U t/1 . - • • -- ' ( (' I . • t - • --j • • • • ROLL CALL Moved Seconded Aye Na y Absent Abst a in Hiodav Neal Fitzoatrick We ist Bi lo Bradshaw Otis 't /l/~ , 4-:eu ~ 1 r D o w / cf--Cl... ~ /.. £~ n d . ·-(;. ~ on.to '?[ 7 6-l< ..._, ) ~-1-u~ ~/L U ~~J --t LI/\ J) U v 0 --5 ( b ) -'j-? co 'rf :f di.{) di.J v.,.l,.,1;_; . .J!'Y) ~l<ll< tc -;Sc, .( d,/!--U l cu 1,.2.,. I-/1 ;i l (. vu,,, (!J_;:[ <.,, r 1 tf < ... \. ..... c; , -U.. 'l nt L ~ ,tW/1 )U't I ,,u....-'-- 1) ( 'J.-,) I ? 1 ( °\LP )YIJ I /u vV ~ L-1 (E,1.. (1 L~ "\<....(.J.;., ' I ,:) Ct 1. <°? '- • I • • - ' • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain /J Hiadav Neal Fitzpatrick --Weist Bi lo Bradshaw Otis .(_lj {)...:; k.('dl ~t'Oli.dUJ ,, q7s s \lrt../1 YYl n.l flu l._l.10C LL Q !{itQ...,,t.-,1 ?1 '; // ,; /fI{J-c1.'Y'I u ')f /-' l J-(_./)' t ')) u.£ Cu.__., c/ • I) cf,1>u r /l Ye ~ ll< , ,j; j µ'/! /YYL,U J\ , e. Li 'f , lj /,..__, fl/./-,(A. r. i .,.l/)<..., t>->'>\...U ..__...-yY'--' I-ct utt. . d., vt/tf',.t r,-,..,.,, 99 % t ? 4 ,; 7 ~ -li111j..._/ .,,et. n 2 ( 1u;. ,1.'ll.l1 s l !J..<1-( G -fa<-·'/ ~~ (!-0 c ll tZll.l l.:J (/Jct.-< }l.. t"c l(. / (J~)) >}] . 501,r.. d· ,l l ll 7j t lf 71. /.:_ / 2L L._ /u_ -, V «.-a <-<..1 ..,..,- u (. I • • • - • • a:s: ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiodav Neal Fi tzoat rick -Weist Bi lo Bradshaw Otis I tn ~ //J n /l Y) -..S-. X_ fl >u.-L< C 1) iv/~ ~OF--)q)~ FJ o= CJ-r!J-I~ - ,,( ) \ {. (1. /. µ 0 /7._, i _,,l ")I h(f <,;c. l. ". . .!A. J.__.{ V Ll -{, l"-J J, tl..f. JU ,')V-.> J-~t:r J (_ ./ '6- • (r ~ -Ltt 2('1 Tv.. a Z: i \...L/ (4 L-<Jz:; J' • I . • • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiadav I v Neal I V' Fitzoatrick I ---Wei st I Bi lo J.--- Bradshaw I Otis I ~ ~,&(. ~ l t;___;/ /1 r {~ tr' _,a_~ 0 en.A .,(_ • • I . • • • • - • • ROLL CALL Moved Seconded Aye Nay Ab sent Abstain Hiadav \ Neal I Fitzoatrick I ---Weist I ---i;. Bi lo I ,,__ Bradshaw Otis \ • • I • • • • • - • • .,,,,, ROLL CALL Moved Secon de d Ay\ Na y Ab s en t Ab s tain Hiadav I Neal I Fitzpatrick I Wei s t 1 Bi lo I Bradshaw { Otis \ "- • I • • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiadav Neal Fitzoatrick ---Weist Bi lo Bradshaw Otis • I • • • • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiqdav \ v-Neal I Fitzpatrick I ---Wei st I v--Bi lo I Bradshaw I Otis \ "' • I • • • - Moved { • • ROLL CALL Seconded Hiadav Neal Fi tzoat rick Weist Bi lo Bradshaw Otis q,. 1-V 1J /7") ,k... q, ID • • • Aye Nay Absent Abstain --- I . • • • • ">n:s ROLL CALL Moved Seconded Aye Nay Ab s ent Abstain Hiodav ,._... Neal L--- Fitzoatrick I V ---Wei st y- Bi lo v- Bradshaw -Otis r- • I • • • • • >,, ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiadav I v--Neal I Fitzoatrick t.--------Weist V Bi lo Bradshaw Otis 1 I • • • - • • ------- ROLL CALL . {}- Mov e d s econded Ay_e Na y Abse n t Abstain I I I Hiadav l \ I I I 1 1 Neal I ' I ' Fitzoat rick 1 - --We i st I -.,,... Bi lo J -,_ J.--Brad s haw I . I Ot is I \ • I . • • • • - • • -,.,. ROLL CALL Moved Seconded Aye Nay Absent Abstain HiQdav Neal Fitzpatrick --·-Wei st v-Bi lo ~ Bradshaw Otis ------- !] I{ • I . • • • • - • • ROLL CALL Moved Seconded Ay_e ., Nay Absent Abstain Hiodav \ Neal I Fitzoatrick I ---Weist I Bi lo I Bradshaw I Otis \ '- • • I • • • • ~-• • • ROLL CALL M d ove d d Secon e Ay~ Nay Ab s ent Ab s t a in Hiodav I V Neal I v-Fitzoatrick I Wei st T --- Bi lo I Bradshaw \ Otis \ ' • I • • • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiadav \ Neal } I./ Fitzoatrick 1 ---Weist I v--Bi lo Bradshaw Otis \.. I • • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiodav ' Neal I V Fi tzoat rick I ----·-Weist I Bi lo I V Bradshaw I Otis \ ""- • I • • l • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qday Neal Fitzoatrick Weist V Bi lo ..... Bradshaw Otis "~ 0Lt1 1-(,. :) ~ 21 5 ~~ / ya V---d---f.. c-< /--/L 1A l,t "'-- ( I) A __,..-. t, t--j._ 7 ti. ru -cf l< ?) J ~ ci--c_ • I . . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQdav c_..:. Neal V Fl tzoatrick ,.... Weist t----" Bi lo -Bradshaw -Otis V"' 0 I • • • • • - • • ROLL CALL Moved Seconded sen Ayes Nay Ab t Ab stain HI n<l;w Neal Fl tznatrick Weist Ri lo Bradshaw Otis ' 1 1~ C-£ k-1--/)1 ~ tA,"-L_ . cc_, L..~ t 1"-' ~ ~ ~ fl T ~ /}c~ -<.. _/ u ::; ~7 • I . • • • -• • • ROLL CALL Moved Seconded Ayes Nay . H1nnav ' Neal Fl tzoatrick Weist Bi lo Bradshaw Otis 6 3c /{'-- J ;:f /uj~ ~~ --------.,,u.,'Vfl {. l0 Jl-j r. {, ~, .ct.. /h • J )(, • Absent Abstain -- - -- -" 2 I • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Ab stain . Hiqday ' Neal I "' Fl tzoatrick 7 Weist I Bi lo 7 v--Bradshaw I Otis \ ~ I . . • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Ab t ' s a,n Htodav Neal Fltzoatrick Weist Bi lo Bradshaw Otis h ~r /Y) ??U)~'Yl1alz,f r1 0-o-/c_, --<-f' U1?~.o:u' /~ .-6< z.U ) I . • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqday '\. Neal l Fltzoatrick I Wei st I Bi lo I V Bradshaw I Otis \ "" C ·""'- )> I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1ndav Neal Fitzoatrick Weist Ri lo Bradshaw Otis q C:~ · ytvf ,v}.1 /LVVLV~ ~ ~<-cfn ?,1 ! diuVl-/ ~ //-1/-F~ -;'1-C> /) I . • • • • ROLL CALL Moved Seconded Ayes N ay Ab sent Abstain HiQday Neal Fitzoatrick Wei st Bi lo Bradshaw Otis ;3- ~ ·Y) Ff l;/-~ I , i ' ~--~ I I • • • • - • • ROLL CALL Moved Seconded A yes Nay Absent Abstain Hll'll'lay Neal Fltzoatrick Weist Ai lo Bradshaw Otis - I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain -H1qday \ Neal I v--Fitzoatrick I Weist I Bi lo I .....--Bradshaw r Otis \ '- C • I • • • • - • • ROLL CALL Moved Seconded Ayes N ay Ab sent Abstain H1qday \ .,,,--Neal I Fl tzoatrick I Weist I -Rj lo I L,,--Bradshaw 1 Otis \ '\.. • I • • • • • - • • ROLL CALL Moved Seconded A N yes ay Absent Abstain Hint1av Neal Fi tznatrick Weist Bi lo Bradshaw Otis 1~ur ~ ~ vU 'Y\ t?)C l~ ,V-' -~ °(! --f~ 1 1 . tu)' 1. "'Cj; :3.s- • I . • • • - • REGULAR MEETING: • • • CO UN CIL CHAMB ERS CI TY OF ENG LEWOO D, CO LORADO Oc o b e r <1, 1 98 2 I~ The City Council of the City of Englewood, Arapah oe County , Colorado , met in regular session on October 4, 19 8 2 , a t 7:30 p.m. Mayor Pro Tern Bradshaw , presiding, c a ll e d t he me e ting to order . The invocation was given by Pastor Tom Bybee , Englewood Wesleyan Church, 4609 South Fox Street. The pledge of allegiance was led by Boy Scout Troop No. 92 . Mayor Pro Tern Bradshaw asked for roll call. Upon a c al l of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick , Weist, Bilo, Bradshaw. Absent: Mayor Otis . Mayor Pro Tern Bradshaw declared a quorum present. * * * * * * * Al so pr es ent were: City Manager Mcc o wn * * Ass is tant City Man a ger Va rg as City Attorn e y DeWitt Di re c tor o f Publ ic Wo rk s Wagg o n er Depu t y Cit y Cle rk Watk i n s * * * * • COUNCIL MEMBER NEAL MOVED TO APPRO VE THE MI NUTES OF THE REGULAR MEETING OF SEPTE MBER 20, 1982 . Council Member Bilo sec- onded the motion. Upon a call of he roll , the vot resulted as follows: Ayes: Nays : Absen Council Members Higday , Neal , F itzpatrick , W is , Bilo , Bradshaw . Non • Mayor O is. • I • • - • October Page 2 were: • • • 4, 1982 The Mayor Pro Tern 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) (e) Minutes of the Planning and Zoning Commission meeting of September 8, 1982. Minute s of the Parks and Recreation Commission meeting of September 9, 1982. Memorandum from the Fire Chief to the City Manager concerning his attendance at the I.A.F.C. Annual Conference in Philadelphia. Memorandum from the Director of Public Works concerning the Leaf Bag Program. Municipal Court Activi y Report for the month of August, 1982. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT "COMMUNICA- TIONS -NO ACTION RECOMMENDED" AGENDA ITEMS S(A) -5(E). Council Member Bilo seconded the motion. Upon a call of he roll, he vote resulted as follows: Ayes: Nays: Abs n Council Members Higday, Ne 1, Fi zpatrick , Wis , Bilo, Bradshaw. None. Mayor O is . Th Mayor Pro Tm d clar d th mo lon carri d. • * * * * * * • I • • - • Octo b e r 4 , 198 2 Pag e 3 • • • City Manager Mccown pre s ented a Counc i l Communic a tion f rom the Planning and Zoning Commission c oncerning the Stat e Highway De - partmen t Work Program for Fiscal Year 1983 -1984. Director of Public Works, Kells Waggoner, came forward and discussed in detail the project requests for the program. He ex- plained the requests are submitted to Arapahoe County Commissioners to be included in the State Highway Department Work Program. COUNCIL MEMBER FITZPATRICK MOVED TO SUBMIT THE REQUEST FOR CON S TRUCTION OF AN INTERCHANGE AT WEST DARTMOUTH AVENUE AND SO UTH S ANTA FE DRIVE. Council Member Bi lo seconded the motion. Up o n a c al l o f t he ro l l, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw. None. Mayor Ot i s. The Mayor Pro Tern d e clared the mo t ion c arried. COUNCIL MEMBER FIT ZPATRICK MOVED TO SUBMIT THE REQUE S T TO UPGRADE THE EXI STING INTERCHANGE AT THE INTERSECTION OF S OUTH S ANTA FE DRIVE AND U. S . 285. Coun ci l Member Bi lo seconded the mot i on. Upon a call o f h e ro l l, the vote resulted a s follows: Aye s : Nays : Absent: Counc il Memb e rs Higd a y, Nea l , Fitzpatr ic k, We is , Bi lo , Br a d s h a w. Non e. Mayo r Otis . The Mayor Pro Tern declared the motion carried . COUNCIL MEMBER NEAL MOVED TO WITHDRA W THE REQUEST TO CON- STRUCT AN INTERCHANGE AT THE INTERSECTION OF SOUTH SA NTA FE DRIVE AND WEST OXFORD AVENUE ; AND TO DISCUSS AT A LATER TI ME IF QUINC Y AVENUE IS IN THE REGIONAL TR ANSPORTATIO N PLA N. Council Me mber Hig- day seconded the motion . Upon a call of the roll , the vote re- sul d as follo ws: Ayes: Nays: Abs nt: Council Members Higday , Neal , Fitzpatrick , Weist , Bilo, Bradsha w. None . Mayor Oti s . • I • • • October 4 , 1982 Pag e 4 ,· • • - The Mayor Pro Tern declared the motion carried. COUNCIL MEMBER BILO MOVED TO SUBMIT THE RE QUEST TO CO N- STRUC T A ONE-WAY PARALLEL COUPLET AT THE INTERSECTION OF U. S . 285 AND WE S T ITHACA AVENUE BETWEEN SOUTH BROADWAY AND SOUTH SANTA FE DRIVE. Coun ci l Member Fitzpatrick seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatri c k, Weist, Bila, Bradshaw. None. Mayor Otis . The Mayor Pro Tern declared the motion carried. COUNCIL MEMBER FITZPATRICK MOVED TO SUBMIT THE REQUEST TO EXTEND THE STO RM DRAINAGE ALONG U. S. 285 BETWEEN SOUTH DOWNIN G S TREET AND SOU TH PEARL S TREET. Council Member Bila seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday , Neal, Fitzpatr ick , We ist , Bila, Bradshaw. None . Mayor Otis. The Mayor Pro Tern declared the motion ca rr ied . The nex request was a pro ject that would w idened South Broadway from Yale Avenue to F loyd Avenue and from Quincy Av enue to Bellevi w Avenue providing left-turn pockets and landscaped medi- ans. COUNCIL MEMBER NEAL MOVED TO SUB MIT THE REQUEST TO WID ENED SOUTH BROADWAY FROM YALE AVENUE TO FLOYD AVENUE; AND REMOVE THE MEDIAN AT FLOYD AND SOUTH BROADWAY; AND WIDENED SO UTH BROADWAY FROM QUINCY AVENUE TO BELLEVIEW PROVIDING LEFT-TURN POCKETS AND LAND- SCAPED MEDIANS . Council Member Higd ay seconded the motion . Discussion e nsued regarding th proj ct 's impac on th downtown rd v lo pm en plans and traff ic flow on So uth Broadway. COUNCIL MEMBER NEAL CHANGED THE MOTION TO READ TO WIDENED SOUTH BROADWAY FROM EAST MAN TO YALE AVENUE INSTEAD OF FLOYD AVENU E TO YALE AVENUE AND WIDENED SOUTH BROADWAY FROM QUINCY AVENUE TO BELLEVIEW PROVIDING LEFT -TURN POCKETS AND LANDSCAPED MEDIAN S • • , I • • n • • October 4, 1982 Page 5 • • - Council Member Higday withdrew his second. Mayor Pro Tem Bradshaw declared the motion dead. COUNCIL MEMBER HIGDAY MOVED TO SUBMIT THE REQUEST TO WIDENED SOUTH BROADWAY FROM YALE AVENUE TO FLOYD AVENUE AND FR OM QUINCY AVENUE TO BELLEVIEW AVENUE PROVIDING LEFT-TURN POCKET S AN D LANDSCAPED MEDIANS. Council Member Silo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Silo, Bradshaw. Council Member Neal. Mayor Otis. The Mayor Pro Tern declared the motion carried. COUNCIL MEMBER HIGDAY MOVED TO WITHDRAW THE REQUEST TO CONSTRUCT SOUTH CLARKSON TO TWO LANES FROM U. S. 285 TO EAST OR- CHARD AVENUE. Council Member Silo seconded the motion. Upon a call of the roll, the vote resul ted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Weist, Silo. Council Members Fitzpatrick, Bradshaw. Mayor Otis . The Mayor Pro Tern declared the motion carried. ORDINANCE NO. 41 SERIES OF 1982 * * * * BY AUTHORITY * * * COUNCIL BILL NO . 45 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINA NCE APPROVING AN INTERCONNECT CO NTRA CT WITH THE CITY AND COU NTY OF DENVER, BY AND THROUGH ITS BOARD OF WATER CO MMI SSIONERS. COU NCIL MEMBER HIGDAY MOVED TO PASS COU NCIL BILL NO. 45, SERIES OF 1982 , ON FINAL READING. Council Memb r Bilo second d h mo ion. Upon a call of th roll, h vot resul d as follo ws: • I • • - • • October 4, 1982 Page 6 Ayes: Nays: Absent: • • - Council Members Higday, Neal, Fitzpatri ck , Weist, Bilo, Bradshaw. None. Mayor Otis. The Mayor Pro Tem declared the motion carried. ORDINANCE NO. SERIES OF 1982 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 41 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AMENDING TITLE IX, CHAPTER 2, OF THE ENGLEWOOD MUNICI- PAL CODE OF '69, AS AMENDED, BY REPEALING AND REENACTING SECTIONS 1 THROUGH 8, INCLUSIVE, AND ADDING NEW SECTIONS 9 THROUGH 19, INCLU- SIVE, RELATING TO THE CONTROL OF AMUSEMENT ESTABLISHMENTS, COMMONLY KNOWN AS "AMUSEMENT DEVICES ORDINANCE", AND DECLARING AN EMERGENCY. COUNCIL MEMBER FITZPATRICK MOVED TO PA SS COUNCIL BILL NO. 4 1 , SERIES OF 1982, ON FIRST READING. Council Member Bilo sec- onded the motion. Mayor Pro Tem Bradshaw instructed th City Attorney to exp re ss appreciation to Assista nt City At torney David Menzi es for his work on this council bill. Council Member Neal requested o discuss this bill furth r at a study session . Upon a call of th roll, the vot resulted as follows: Ayes: Nays: Abs n Council Members Higday, N al, Fitzpatrick, Wist, Bilo, Bradshaw . Non • Mayor O is. Th Mayor Pro Tem d cl rd h motion carri d. * * * * * • * I • • October 4, 1982 Page 7 ORDINANCE NO. SERIES OF 1982 • • - BY AUTHORITY A BILL FOR COUNCIL BILL NO. 44 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING AN AGREEMENT WITH BOARD OF COUNTY COMMIS- SI ONERS, ARAPAHOE COUNTY, STATE OF COLORADO, PROVIDING MUTUAL ASSISTANCE IN PROVIDING TRANSPORTATION TO SENIORS AND HANDI CAP P ED SE NIORS. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BIL L NO. 44, SE RIES OF 1982, ON FIRST READING. Council Member Fitzpatrick sec- onded the mot io n. Upon a call of the roll, the vote resulted as follows: Aye s : Nays: Abs ent : Council Members Higday, Neal, Fitzpatrick, Wei st , Bilo , Bradshaw. Non e . Mayor Otis . The Ma yor Pro Tern declared the motion ca rr ied • ORDINANCE NO. SERIES OF 1982 • • • • BY AUTHORITY A BILL FOR • • * COUNCIL BILL NO. 48 I NTR ODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BET WEEN THE CITY OF ENGLEWOOD, COLORADO, AND ARAPAHOE REGIONAL LIBRARY DISTRICT FOR 1983. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 48, SERIES OF 1982, ON FIRST READING. Council Memb r Higday s cond d h mo ion . Upon a call of he roll, th vo result d as fol- lows: Ay s: N y Council M mb rs Higday, N al, Fitzpa rick, Weis , Bilo, Br dshaw. Non . • I • • - • October 4 , 1982 Page 8 Absent: Mayor Otis. • • • The Mayor Pro Tern declar ed the mo ion carried. ORDINANCE NO. SE RIES OF 1982 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO . 4 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, FOR THE YEAR 1983 AND ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD COLORADO DOWNTOWN DEVELOPMENT AUTHORITY AN D DE - CLARING AN EMERGENCY. COUNCIL MEMBER BILO MOVED TO PAS S COUNCIL BILL NO. 49, SERIES OF 1982, ON FIRST READING. Council Member Nea l seconded he motion. Upon a call of the roll, the voe resul ed as follows: Ayes: Nays: Abs e nt: Co un cil Members Higday, Ne al , Fitzpa rick , Weist, Bilo, Brad sha w. None. Mayor Otis. The Mayor Pro Tern declared the motion carried . Council Member Bilo instructed staff o send a copy of Council Bill No. 49 to the Englewood Do wntown D velopment Auth o r it y for comment. * * • • * * * COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE PROCLAMA - TION DECLARING THE WEEK OF SEPTE MBER 26TH THROUGH OCTOBER 2ND, 1982 , AS ·DRUG FREE YOUTH WEEK·. Council M mb er Bilo s conded h mo ion. Upon a call of th roll, th vote resulted as follows: Ayes: Nays: Council M mbers Higd ay , Neal , Fitzpatrick, W is , Bilo, Bradshaw. Non • I • • - • Octobe r 4 , 1 98 2 Pa ge 9 Absent: Mayor Otis. • • • The Mayor Pro Tern declared the motion c ar ried . * * * * * * * City Attorney DeWitt stated he would be g1v1ng Coun cil a report on the Jay claim after he had talked to the attorn e y on th e other side. * * * * * * * City Attorney DeWitt asked for permission to appe a l t h e decision of Municipal Court in the matter of the Gothic Thea t r e and the City licensing ordinance. COUNCIL MEMBER NEAL INSTRUCTED THE CITY ATTORNEY TO APP EAL THAT DECISION OF MUNICIPAL COURT RELATING TO LICENSE REQUIREMENT S WITH ALL DUE HASTE. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follow s: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatr ick , Weist, Silo, Bradshaw. None. Mayor Otis. The Mayor Pro Tern declared the motion c arried. * * * * * * * Ci ty At o rney DeWitt r e porte d the St a t e of Colo ra do has mad e a pre lim i n a r y decision not to i mp ose t he e xp n dit ur e of $13 million fo r st r ea m classifica ion . Mr. D Wi ts at~ a p ermanen decision would be for hcoming • • * * • • * * CO UN CIL MEMBER FITZ PATRICK MOVED TO HOLD A PUBLIC HEARIN G ON T HE CO MM UNI TY DEVELOP MENT BLOCK GRA NT FUNDS (CDBG) ON MONDAY, OC T OBER 25 , 1 9 82 , AT 7 :30 P.M. Council M mber Silo seconded h mo ion . Up o n a call of th r oll , th vo r sul ed as follo ws: Ay s : Nays: Council M mbers H1gday , N al , Fi zpa ri c k , W is , S ilo , Br ad h~w. Non . Mayor Oti s • I • • - • Octo ber 4, 1 9 82 P a g e 10 • • • The Mayor Pr o Tern de c lared th e mot i on c ar ried . * * * * * * * Ci t y Atto r ney DeWitt an n ounced he would be absent fr o m his offi ce on Fr iday , Octobe r 15 , 1 9 82 , speaking a t a con f er e n ce . * * * * * * • Council Member Neal requested an e xe cuti v e s e ssion fo l l o w- ing the reg ular meeting to discuss property acqu i s itio n . * * * * * • • Council Membe r Fitzpatrick drew attent io n to an a r ticle in the NLC ne wsletter conce r ning cable TV . • * * • • • * Council Me mber Bilo as k e d that discussion of the d o wn o wn plan (flood plain ) be added to the e x ec u ti v e sessio n. * * • • • * * No fur t h e r business was dis~usse d . • • • • * • • CO UN CIL MEMB ER HIGD AY MOVED TO ADJ OUR THE EETJ G . Ma y o r P r o Tern Bradsha w ad j ou r n d h me i ng w i hou a voe at 8 :40 p .m . I • • - • • • • P R O C L A M A T I O N WHEREAS, the Englewood Business and Professional Women's Club strives to elevate the standards for women in business and in their professions, as well as to promote the interests of business and professional women; and WHEREAS, the Club strives to bring about a spirit of cooperation among business and professional women of the United States, and extends opportunities to business and professional women through education along the lines of industrial, scientific and vocational activities; and WHEREAS, working women of the United States comprise 41 percent of the employed population of this country, and contribute substantially to a sound working structure of our nation; and WHEREAS, it is the desire of this Council to honor America's working women who are devoting their time, talents, and energy to assist other women achieve the recognition and respect they deserve in the business world; NOW, THEREFORE, I, EUGENE L, OTIS, Mayor of the City of Englewood, Colorado, urge all citizens to join in the observation by giving their support to the Club, its members, and the working woqien of this comaunity, not only during this week but through the weeks that follow. GIVEN under my hand and seal this 18th day of Octob r, 1982. • I • • • • • ·~ .. n \' PROCLAMATION WHEREAS, the Englewood Business and Professional Women's Club strives to elevate the standards for women in business and in their professions, as well as to promote the interests of business and professional women; and WHEREAS, the Club strives to bring about a spirit of cooperation among business and professional women of the United States, and extends opportunities to business and professional women through education along the lines of industrial, scientific and vocational activities; and WHEREAS, working women of the United States comprise 41 percent of the employed population of this country, and contribute substantially to a sound working structure of our nation; and WHEREAS, it is the desire of this Council to honor America's working women who are devoting their time, talents, and energy to assist other women achieve the recognition and reapect they deserve in the business world; NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, urge all citizens to join in the ob•ervation by giving their support to the Club, its member•, and th working women of this co1m1.unity, not only during this week but through the weeks that follow. 1982 . GIVEN under my hand and seal this 18th day of Octob r, Mayor • I • • • • NAME / E VAN l... ip s r~1N / \ Ko'<'QIC ,~ \.\_l~-~ ~"' ~ ~ ""' / /' :/dE /lf~6[,./ • • • • Before The CITY COUNCIL on ~!&',, ;qtcJ ADDRESS TELEPHONE OBSERVER +It A v ~ 7 04.J I.). 14 =i. 3.;1.... -<;' r <.: I '-;1:.lc.e.v ,11.,1 4 C{\ ~c...,A L ee,~(\\ ~ ~ \ 5tn1/"' Jtro s 14,1..fiaJ;.u.f</#}30 = !51 0[17£ re I WISH TO ADDRESS THE CI TY COUNCIL IN FAVOR IN OPPOSITION NO POSITION X V ( v • - • • • OOARD OF CAREER SERVICE <ll!MISSIOOERS August 19, 1982 MINUIES aA PRESENI': Jo Ellen Turner, Catherine Pokraka , Janet Kerzic, Betty Keena, funald Weber ABSENI': CJlllERS PRESEN.l': None. Benjamin Craig, Olreer Service Board Attorney Pete Vargas, ~istant City Manager Willis Carr, Enployees Association President Randy Pickrel, Firefighters Association President Richard Welbourne, Police Benefit Association President Michael Gruninger, Fire D.O.E. Chainnan Weber called the rooeting to order. Q:mn:i.ssioner Keena noved, seconded by Ccmnissioner Kerzic to approve the July 15, 1982 regular meeting minutes . AYES : Turner , Pokraka, Kerzic, Keena, Weber NAYS: Nooe • • • • • • • • Item three on the Agenda was the Associations Oloice . Will Carr , Er.ployees A.ssociatioo President was present. Randy Pickrel, Firefighters Association President cannented that recently the erit Appeals process had not been initiated properly and recarmencled that Department Heads as well as mployees be inforrood of the Career Service System and the Merit Appeals System so that the proper procedures can be followed in the future. Richard Welbourne, Police Benefit Association President asked the Board to advise him of woo would be considered the :lnmediate supervisor in the first step of processing a class action grievance. Pete Vargas , istant City Manager suggested that it would be roore appropriate to request such an opinion fran the iation 's legal couns 1. A!ter a brief di on of the 1111.tter, the Board ded that the Association ask th Police Chief for hi opinion of should be the signature at the first 1 v 1 of the grievance until the procedure cnn clarified in future contract n tiations. • • • • • • • • Oloice . Pet Vargas, istant finalizing the first draft t them to City O>wlc 1 f in ~ich they d n rec:aunendati on t Amin ra ti • • • • • • • • • I • • • • • • • Page 2 Item five on the Agenda was O::mnissioners Clloice. Cllainnan Weber opened the meeting for discussion and recxmnendatioos for the developrent of a Merit Appeals Fonn. '!be Ccmni.ssioners and audience DEl!i)ers revi~ several sarrple foms. Ccmni.ssioner Pokraka. asked Pete Vargas , Assistant City Manager to clarify if the Board has any written guidelines as to what are the Aaninistrative Procedures and if the old ,m-itten ordinances are still in effect. '!be Firefighters Associatioo requested the Merit Appeal Fonn include the date that the Ehployee Relatioos Department is contacted of the Merit Appeal,and the date of the act or condition, or date when the enployee knew or should have known of when the condition occured upon which the Merit Appeal is being filed. The Firefighters Association also requested that the reason for the approval, denial or referral at each step of the procedure be included on the fonn. Pete Vargas stated that be would prefer to subnit the City's recamendations in writing to the Board after further review. Olainnan Weber stated that the Board ...ould prepare a Merit Appeal Fonn draft and foxward copies to the City and the Associations for their review and recrnmendations. Michael Gruninger stated that be was aware of a pending Merit Appeal and asked what fonn should be used in the interim . Ccmni.ssiooer Pokraka stated that the tenporary fonn prepared by the Board could be used in such a case while the final draft was being develq>ed. Further discussioo of the time restrictions of the Merit Appeals procedure ensued . A date of Wednesday , August 25, 1982 was set for the Board to receive final reccmnendatioos after all interested parties have had an opportllllity to review the Board's draft of the Merit Appeals Fonn. • • • • • • • • There being no unscheduled visitors or further business before the Board, ChairnBn Weber adjourned the August 19 , 1982 regular meeting of the Career Service Board at 8 :45 p.m . I • • ....... • I. CALL TO ORDER. • • - URBAN RENEWAL AUTHORITY September 1, 1982 5 ~i The Regular Meeting of the Englewood Urban Renewal Authority wa s called t o order at 5 :45 P.M. by Vice-chairman R. P. McClung. Members present: McClung, Minnick, Dickinson, Fitzpatrick Power s , Executive Director Members absent: Powell, Vo th, Cole Alternate Member Novicky Also present: Economic Dev e lopment Planner Hinson City Attorney DeWi tt II . APPROVAL OF MINUTES. Mr. McClung stated that the Minutes of August 4, 1982, were t o be con sidered for approval. Minnick moved: Fitzpatrick seconded : 'nle Minutes of August 4, 1982 , be approved as written . AYES: Minnick, Dickinson, Fitzpatrick, McClung AYS: None ABSENT: Powell, Vo th, Col The motion carried. III. URBAN RENEWAL AUTHORITY BUDGET 1982 Revi s d Budget 1983 Propes d Budg t th r not occur. R vi ion reflect current stimated b Voth nt rd tin at 5:50 P.M. oth r reviai r cordina C in th 1982 budg t, such a adv rtisi ng, • d I • • - • • • • • he did n o t feel that matter uc h a l and a c quisition s hould be the re s pon si- bil ity of Mr. Be n e d e tt i , howe ve r. Fu r ther disc ussion on the e s timate f or l egal s e rvi ces en s ued . Mr . DeWitt stat d that he fel t the $10,000 f i gure is very cons ervat i v e. Mr. DeWit t s t a t ed tha t on ti t le e xaminations by t i t le companies, the Auth o r i t y cou l d plan on a t leas t $2 00 for e ach piece o f land . Discussion ens ued. Ms. Powers s tat e d that the Ci t y Co unci l wi l l be hav i n g a budget retreat in the near future, and that Mr. Vargas , As si s tant Cit y Manager, would be handling the matters of the Urban Renewal Authority at this retreat. Mr. Fitzpatrick stated that he would also bring up the matter of legal fees for the Authority for discussion with the Council. Mr. Fitz- patrick suggested that the proposed budget for 1983 be rounded off to $50,000 rather than the proposed $45,196.50, and that the difference be applied to Account #3121, Legal Services. Mr . Fitzpatrick stated that he felt the Authorit y shoul d have some idea of the expenses that are be i ng accrued by March of 1983, and that the budget could be reviewed at that time and any request for s upplemental appropriations could be made to the City Coun c i l . Mr. Fitzpatrick stated that he felt it should be noted in communcations t o the City Council on the pro posed budget that the $50,000 budget is a con- servative figure. Mr. Fitzpatric k stated that he would also like to see it noted that the Urban Renewal Autho ri t y would review the expenses of the Authority i n March, and would make some notification to City Council a s t o whether a supplemental appropr i ation would be required. Mr. DeWitt reiterated that if the Authority or staff ha s questions of a legal nature they s hould be directed to Mr. Benedetti; Mr. DeWitt stated that he wanted to encourage a free flow o f dialogue between the Authority , s taff, and the special counsel. Further disc ussion ensued. Mr , Fitzpatric k s tated that he would like to see q ue s tions posed t o the s pcia l couns e l limited to matt r s pertaining t o the agreements with develope r s , n e go tiat ions, e t c .; he s tated that he felt there a re a lot o f questions that a r ise that c an be handle d i n-ho u s e b y the City Attorney 's s taff. He s t a t e d tha t he is o ppo ed to having any thing that c an be ha nd l ed i n-house go ing t o Mr. Be ne d et t i , other than the Plan i t sel f, a nd the a greem n ts. Mr. McClun g stated t hat for all i nte nt s a nd pur poses , matte r s pe rta i ning t o the Ur ban Renewa l Plan a nd Authori t y would be cleared through Mr . Be ne de tt i ; a ll other matters would go to the City Attorney 's office . Minnick mov d: Dickinson and Fitzpatrick econd d: The Urban Rn w l Authority approv th 1982 Revis d Budg t, and recommend it to th Engl wood City Council with a r qu st fo r suppl nt 1 funding. AYES: Voth, Dickinson , Fitzpatrick, McClung, Minnick NAYS: Non ABSE NT: Col , Pow 11 Th motion carri d. Fitzpatrick mov d: Minnick cond d: 11 hou Bud t, •• revi Council. AYE : Vo h, Dickin on, that th Urb n of Paul 1 Authority nd agr City b h nd l din- co nd d th t th 1983 d r r rr d to th City rick, HcClun , Minnie • i I • • - • • • • -3- NAYS : None ABSENT: Powell, Cole The motion carried. IV. BY-LAW AMENDMENT. Ms. Powers discussed the proposed amendment to the By-Laws, which would incorporate §31-24-104(d) of the Colorado Revised Statutes into the present by-laws as a new Article III, Section 7. This section of the Colorado Re- vised Statutes pertains to conflict of interest. Discussion ensued. Minnick moved: Voth seconded: The By-laws be amended by adding a new Article III, Section 7, to read as follows: No commissioner, other officer, or employee of an authority nor any immediate member of the family of such commissioner, officer, or employee shall acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, nor shall he have any interest, direct or indirect, in any contract or pro- posed contract for materials or services to be furnished or used in connection with any project. If any commissioner, other officer, or employee of an authority owns or controls an interest, direct or indirect, in any property included or planned to be included in any project, he shall innnediately disclose the same in writing to the authority, and such dis- closure shall be entered upon the minutes of the authority. Upon such di closure, such commissioner, officer, or other employee shall not participate in any action by the authority affecting the carrying out of the project planning or the undertaking of the project unless the authority determines that, in the light of such personal interest, the participation of such member in any such act would not be contrary to the public inter st. Acquisition or retention of any such in- terest without uch determination by the authority that it is not contrary to the public interest or willful failure to dis- clos any uch inter st constitute misconduct in office. AYES: Fitzpatrick, McClung, Minnick, Voth NAYS: Dickin on ABSENT: Col , Pow 11 Th motion carri d. V. REQUEST FOR PROPOSALS. Pow rs s tat d th t this po al• Crom d v lop rs. Th inter st to contractors nd th Wall Str t Journal. d v lop ra. A list d • is th initial draft of n invitation for pro- would b advertised in publication• of n ral d v lop rs in this ar a, plu s uch publications This ia inane fort to solicJ.t int r st fro o publication was ravi w d, ••was• list or uld b dtr ct con act; th lit of d v lo rs Writ r Corpor tin, Oel bb Corporation, • I • • • • • -4- Mr. Dickinson asked who would make the decision on selection of the develop er? Ms. Powers stated that the Urban Renewal Authority would solicit the proposals from the developers; these would be screened by the staff, and a joint meeting with the City Council and Urban Renewal Authority would be held and the decision would be made jointly . Mr. Fitzpatrick suggested that KRAVCO might also be con tacted as a developer. Mr. DeWitt stated that the parent company is Equitable, but suggested that the invitation for proposal be sent to both KRAVCO and Equitable. Mr. Minnick suggested that Petry-Volpe is also a large developer who might be interested in the redevelopment project. He also suggested Vantex Properties, Inc., at 14001 East Iliff Avenue, Suite 700, in Aurora. Ms. Powers stated that the proposals for development would be due 30 days after publication, and that Mr. Benedetti felt the 30 days was a reasonable time period. Mr. DeWitt stated that he had to leave to attend another meeting at 7:00 P.M., and asked if he could briefly discuss the Tri-party Agreement. He stated that he had met with Mr. Loring Harkness, counsel for the EDDA. He will go over the Tri-party Agreement with the EDDA, and minor changes would be made. Mr. DeWitt stated that it appeared from this discussion with Mr. Harkness that thi s Agreement would be forthcoming within the next two week s or so. Ms. Powers stated that she had talked to Mr. Benedetti regarding the Tri- party Agreement earlier on this date; he is redrafting this agreement, and it will be in more detail. Mr. Benedetti stated that he felt this Agreement could be available by Monday. Mr. DeWitt excused himself from the meeting. Ms. Powers further discussed the requ st for proposals which would be sent to th d v lopers and the advertisement which would be placed in the paperq. Ms. Pow rs stated that she had discussed this with Mr. Bened tti, and that he has mad several uggestions for modifications . Mr. Benedetti feels, for instanc , that "d veloper" should b "redevelop r" throughout the pro- po al, nd it should b made cl ar in Part I, §B, that the gross squar footag i Other modifications sugg ted by Ir. B nedetti w r di Part II w • augg sted to b modified by Mr. B n d tti, d: "In th v nt th tr d v lop nt of th s e improv compl t d th iey URBAN RE- EWAL AUTH RITY will dip of th l nd to 1 ct d dev lop rat fair ACC ROANCE WITH TIIE DOWNT WN REDEVELOPMENT PLAN ." pare 1 which lit din y b rt l v". d I • • • • • -s- a Public Hearing and amend the Downtown Redevelopment Plan to include that property; the City Council would, by resolution including that propert y in the Plan, be giving their permission for condemnation to the Urban Renewal Authority. Mr. Fitzpatrick stated that he would see nothing wrong with including th e s tatement "and/or City Council". Further discussion ensued. Mr. McClung spoke in favor of leaving the statement as it is presently written. Ms. Powers discussed Mr, Benedetti's concern that the City of Englewood doe s not have the protection against litigation in matters of urban renewal t hat the Urban Renewal Authority does . Mr. McClung stated that he felt the Authority should accept Mr. Benedetti's recommendation, and leave th e s tate - ment as it is written. Mr. Minnick stated that he would agree. Mr. Dickinson spoke further in favor of amending this particular s tatement. He stated that he felt it would "strengthen" the position of the Authority, in that we would be "up front that the land won't be condemned without the City Council approval". Mr. Dickinson stated that he felt we s hould "s tate it as it is rather than being deceptive." Ms. Powers stated that if any of the property that is to be condemn e d is to be resold for redevelopment, the Urban Renewal Authority has to be involved . Discussion followed. Mr. Fitzpatrick moved: Dickinson seconded: The second sentence on Page 2 , First Paragraph, be amended to read: "The use of eminent doma in by the Urban Renewal Authority AND/OR CITY COUNCIL will be considered only as a last res ort for property acquisition." AYES: Dickin o n, Fitzpatrick AYS: McClung, Minni c k, Vo th ABSENT : Powell, Cole The motion failed. Ms . Powers further discu ssed Part II on Page 1 , noting that furth r clarification and expan sion is needed t o indicate that on any city-owned property that i to be dispo d of, City Coun cil would h v to make any decision with th involv - nt of th Urban Renewal Authority. Mr. Dickinson qu stion d th n d for thi stat nt at all. Di cu ion followed. Mr. Fitzpatrick at ted th th felt it 1hould be noted that th City prop rty will not be di pos d of ut pproval of th City Council following con ultation with th Urb n Rn wal Authority. Furth r di cus ion nsu d. M. Pow r t t d that Hr. B n d tti ha advi d that d v loper should hav knowl dg of what i v ilabl or rd v lop nt. S ction III wa 1 th n con1id r background in ormation for th S ction IV wa con aid rd. inforaiatton that th atb in dditi n to wh ha b a t d tha p rhap1 a map prov d •1 ht b in lud d, with a th Ci y' l d control pro r••· . Pow rs not d that thi 11 pri .. rily r1. • w r to pro p ctiv Hr. Fitzp trick Cr k tha i to b i•prov nt w uld c<>11plet I • • • • • -6- Mr. McClung asked if the fee charged for the developers packet would be r e- fundable? Ms. Powers stated that it would not. Discussion followed. Mr. McClung stated that he felt perhaps a $15 or $25 fee would be a reasonable charge . Discussion on the Redevelopment Proposal followed. Mr. McClung asked if a time limitation should be indicated. Ms. Powers stated that she would suggest 30 days from the date of advertisement. Mr. Hinson noted that DURA gives 60 days from the date of the first advertisement. Consideration of the Request for Proposals continued. The evaluation of Statement of Qualifications and Development Proposals was discussed. Mr. McClung stated that if we want the developer to submit proposals to us, th ey should be given a full picture of what we want. Mr. Fitzpatrick stated that he felt if they indicate an initial interest and response, then the full packet could be sent to them. Page 6 of the Request for Proposals was considered. A paragraph was deleted, and subsequent paragraphs redesignated. Ms. Powers stated that revisions would be made to this document, and it would be resubmitted to the Urban Renewal Authority before placed for ad- vertisement and sent to developers. This would be done by sending it out to members and calling each member for conunents rather than waiting for another meeting. VI. PROPERTY ACQUISITION PROCEDURE. Discussion on this document was led by Mr. Hinson, who stated that this is a general outline of steps that would be followed in the acquisition of property. He emphasized that any property to be acquired by the Urban Re- newal Authority through the procedure of eminent domain would have to be listed in the Downtown R development Plan; any property that must be acquired but is not listed would have to be approved by the City Council following a Public Hearing to amend the Plan and include that specific property. Prop- erty owners would be notified in person and in writing by certified mai l; the legal notification period would begin with the return of the return receipt of the certification to the office. Mr. Fitzpatrick discus ed the proc dur th Pot Office us with certifi d nd r gi t red mail. He not d th t "Special D livery" i useies and ad- vi d ag inst it. S rvic v r wa en u d. of notice to prop rty own r was discu ugg t d, a wa p rson 1 s rvic with d. Us of proces r- witn s. Furth r discussion n informal coD1D1itt compos d of Dir ctor of Engin ring Engin r Kahm, City Attorn y D Witt, Assist nt City Hanag r Varg s, Susan Pow r , and h had t to di cu s appr i rs. Contacts with DURA, th Bould r Urban Rn wal Authority, Littl ton nd a of top apprai r a thy h d ua d. Anoth r tin i sch dul d 2nd, and a r co111111end ion on n appr ia r would b mad to th Authority. Th individual ton aot!at th ctu l cqui ition of th property w s di - • I • • • • • - -7- cussed. Mr. Hinson stated that this individual would have to be sensitive to the needs of both the Ur ban Renewal Authoritymd of the property owner. Ms. Powers stated that negotiations for property acquisition would not occur until after the signing of the Developer's Agreement. She stated that she would recommend the individual engaged to negotiate the acquisition of land also negotiate the relocation benefits for those property owners. Mr. McClung stated that the Urban Renewal Authority really could not do anything until the bonds are sold; he posed the hypothetical question of someone coming to the Authority and stating that they want to sell their property, but the Authority did not have the funds available at that time; what could be done? Mr. Voth suggested that the City could purchase the land, and later sell it to the Authority when the Authority did have the funds. It was noted that this is what happened on the property on South Bannock that has been acquired by the City. Mr. Hinson noted that there probably will have to be two appraisals if a second is requested by the property owner. Discussion ensued. Mr. McClung questioned the need for two appraisals, particularly if they are to be pai d for by the Authority? Ms. Powers stated that if the property owner asks fo r a second appraisal, s h e understood that the Authority would have to pay for it. Discussion ensued. Mr. Dickinson excused himself from the me eting at 7:55 P.M. Mr. Hinson stated that Mr. Benedetti want s to review the qualifications of the appraiser that is selected. Hr. Fitzpatrick discussed his contacts with Ms. Thelma Paige, and Mr . and Mrs. Breidenstine . Hr . Voth stated that he felt it should be the policy of the Authority that Hr. Fi tzpatrick, exclusively, handle the discussions and contacts with Ms. Paige. Mr. Fitzpatrick s tate d that he would keep the Urban Renewal Authority members informed on what progress he makes on these contacts. Ms. Powers stated that the staff is g tting information together to try to get funding to move the st ructure owned by the City, and to rehab it; it could then be used for people to move into while their structure is being relocated. Discussion ensued. Ms. Pow rs tat d that the staff has composed a lit of ppraisers th t could be con id rd. Hr. B n detti ha indicted that h would do some background ch eking on thes individuals befor a formal election i mad Sh tat d that wh n mor information i avail ble, it will b brought to the Authority. rs stated that th apprais rs would b interview d. Hr. Fitzpatrick suggest d that one or mor members of the Urban Renewal Authority it in on th interview of th appraisers. Ms. Pow ra at ted that w would requ st propo als from th apprai era, which proposals would includ such thing as n estimat of coat, as w 11 as a background st cement. Fitzpatrick mov d: Minnick a cond d: Th t two mb rs of the Urban Rn wal Authority b d sin t d to sit in on th int rvi w, and that a vot b t kn b telephon as to who thoa mb ra may be. It ia au geat d that one of th member s o d signated to sit on th int rvi w board be th Chairman • • I • • • • - -8- Mr. Fitzpatrick stat ed that he would ask to no t be considered to sit o n the interview board . Mr. Voth and Mr . McClung s tated they would be available t o sit on the inter- view team . Mr. Minn ick stated t ha t he would not have the time to do so. The vote was ca lled : AYES: Fitz patrick , McClung, Voth , Minnie NAYS : None ABSENT : Powe ll , Cole, Dickin on The mo t i on carried. VII. MONTHLY REPORT. Mr. Hin son s t ated that thi i a new r port that has been written by the staff , and it is planned that it be mad available to the Au thority on a monthly basis. VIII. TRI-PARTY AGREEMENT. Ms. Powers stated that there have been a se ries of these agreement s prepared, one p r epar ed by the City, one prepared by the EDDA Counsel, and Mr. Benedett i is working on a draft which would incorporate facets of both the oth r draft s . Ms. Powe r s further discussed the Tri-Party Agreement, and s tated that Mr. Benedet t i had indicated he hoped to have this final draft of the proposal available by Monday . IX. NEW BUSINESS. Mr. Minnick asked how HB 1240 could b used to our hen fit . Discussion n- ued. Hr. Fi tzpatrick asked whether the Septemb r 15 th deadline would b mt on th formation of the Tax Increment District befo r e th reassessment tak s place? Ms. Powe r s stated that she and Mr . Hinson had met with the County A e or and County Treasur r r pre entatives, and thy hav been notifi d th t the Plan was formally dopt d by th City Council on August 23rd. Sh d that h and Mr. B 11 will al ob going to th County to furth r di - cuss th formation of th Tax lncre nt Di trict. S 1 s Tax r venu for th th r venu s r approx! di d. Mr. Fitzpatrick noted th t proj ct d. Mr. Fitzpatrick not d th th h d n w j 11 facility for Arp ho po ing th imposition of 1/2 / fund th con truction of this n w j th b llot in Nov mb r, and if it pa a , it would b in fiv y ar . Hr. Minnick k d wh t proc dur th d i nat Mr. Hinson th A tin Ex Authority would hav utlv Dir ctor durin • to oll M , p to r l av ) I • • - • • • • • • -9- of absence? Ms. Powers stated that she would check this out and report back to the Authority. Mr. McClung expressed his appreciation and that of the Authority to Ms. Powers and Mr. Hinson for all their work and a "job well done" on the Down- town Redevelopment Plan and the approval of that Plan by the City Council. The meeting was declared adjourned at 8:45 P.M . • I • • • • - CITY OF ENGLEWOO D PLANN ING AND ZON IN G COMMI SSION SEP TEMB ER 21 , 1982 I. CALL TO ORDER . 5 C The r egu l ar meet i n g o f the Ci t y Plann i n g and Zo n i n g Comm ission wa s called t o orde r a t 7 :00 P. M. by Chairman McBra ye r . Me mber s p r esent: Carson, Se nt i , McBra ye r, St oel, Ba rbre , Becker Power s , Ex-offic io Membe r s absen t: Gilchris t, Tang um a , Allen Also present: Assistan t Di r ec tor D. A. Ro ma ns II. APPROVAL OF MINUTES . Chairman McBrayer stated that t he Minutes of September 8, 1982, were to be con id red for approval. Carson moved: B rbre seconded: The Minutes of September 8, 1982, be approved as written . AYES: AYS: ABSE T: Carson, McBrayer, Senti , Stoel , Barbre, Becker on Gilchrist, Tanguma, Allen Th motion carried. Ill. STATE HIGHWAY WORK PROGRAM 1983/84 CASE 1121-82 ------ Mr. McBrayer asked if th Commission m mbers had any questions on the staff report p rtaining to the proposed projects to be requested? Mr. McBrayer stat d tha he understood the Coll1111ission was to prioritize these items, and recomm nd th m to th City Council. n 1 n Dlr by r qu . t id nttfl proj •cts Highw y Sy tem for which funding id r tlon by th Commission, a r commendation 1 mad City Council lo turn forward th ll t of pro- of En 1 wood w nt to hav lnclud d lo th Stat Htgh- pahoe County Co laslon r for lnclu 1 n in the Highway Commia Lon. d out th t th --thy hav Mr . Ro11111n Work K 11 Mr. c8 av r a aln a k d if any qu tlon ? Mr. cBr v r roadway in Littl ton to b c nt d th th found th I • • • • • -2- most attractive, and expressed the hope that a similar s t yle could be carried out along Broadway . Mr. Tanguma entered the meeting at 7:06 P. M. Mr. McBrayer asked for clarification of the term "s heeting" action in r e- lation to drainage ? Mrs. Roman s stated that the runoff waters flow acros s the street, creating a hazardous driving c ondition. The storm runoff would be controlled if the project were approved. Mrs. Becker expressed the hope that whatever construction work is done on South Santa Fe Drive and the proposed interchanges does not result in an i nterchange such as at West Evans Avenue and South Santa Fe Drive . Sh s tated that she would hope the con struction would be more attractive. Mr. McBrayer questioned whether there wa s to be a grade separation at Quincy Avenue and Dartmouth Avenue with South Santa Fe Drive and the railway trac ks? Mrs. Romans stated that when the propos ed interchange is constructed, there wou ld be separation. Mr. McBrayer stated that he thought the relocation of the railroad tracks has begun in Denver at approximately the 2000 block s outh. Discussion ensued . Mrs. Becker asked about the note that is included in the s taff report re- garding the "designation" of West Quincy Avenue between I-25 and West Kiplin g Avenue; she asked if thi s meant de si gnation as a main artery? Mrs. Romans sta ted that Quincy Avenue had been designated on the regional tran sport ation plan as an arterial from I-25 west to Kiplin g at one time, and that th is street does have the possibility of being extended, wherea s Oxford Avenu could not be extended. Because of Che rry Hills Village 's posi ti on, it has been removed from the plan; but there is always th e possibility f t ma b reins tated in the future . If i t were , Quinc y would b the prop r location for th interchange. Mr. Stoel asked if South Clarkson Stre t is on th State Highwa y system south to Or c hard Avenue? Mr s . Roman s s tated that I t is requested t o b placed on th e Fe deral Aid Urban System. Brief d iscussion ns ued. Carson mov d : Stoel seconded: AYES: cRray r, AYS: . on ABSTAI Tanguma AB f. GI lch r l Th tion ca rrl The Plann ing Commission pprov cit d ln Case #21-82, nd th t th City Council for tnclu ion Work Progr m. th propos d proj ct they be recommend d to ln th St te Highw v 1981-84 s nti, Stoel, Barbr ' 8 ck r, Carson t. All n d. IV. PROMOT_ EN.Qh.EW __J) _C~N. • h ton Ind v loptna 1111ltt , or which th COIID! t n nit! w d • I • • • • • -3- Mr . Hav iland stated that Ms. Emelene Russell, a free-lance artis t i n ad- vertislng, ha s been working with him to develop a possible layout fo r a brochure. Mr. Haviland dls tr ibut ed copies of a marketing proposal, a bro- c hure outline , a nd a job estimate prepared by Ms . Russell to the Co mmi ssion . Mr. Haviland s tated that there has been no comm i tm e nt made with Ms. Ru ssell that the brochure, wi ll, in fa c t, be used , o r that if i t is used , that s he would be awarded the contract t o actually do the brochure. Mr . Ha viland then discussed the points that have been s ugge s ted be covered in th e bro- chure, and noted that there would be seven major headings t o be addre ssed. Mr . Haviland s tated that the mo ck-up brochure which ha s been p r epar ed by Ms . Russell was done as a "tool" for the C01mn ission to see, a n d to give a cost estimate t o work with . Mr . Hav iland stated that i t is up to the Commission to determine the level of qual i t y they de sire in such a b r ochure , a nd what kind of genera l product they want t o have as the end result, and the estimated cost the y want to expend for the product. Mr. Hav iland asked that Ms . Ru ssell present the mock-up of the brochure s he ha s p repared . Ms . Russell gave a brief synopsis of he r background in advertising a nd stated that she is now free-lancing. Ms. Russell discussed her concept of the pur- pos of the brochure , ways to communicate i dea s , and how to put this down on paper. Ms . Russell displayed the brochure mock-up, which would make use of photograph s ; s he noted that no actual copy has been written for this brochure, but that lines have been indicated to depi.ct what the finished produ ct would look like . The brochure she has pr oposed would be an "eight-page" document, wh ich count i ncludes the front and back covers. Ms. Russ 11 emphasized that the pictures to be used in this brochure would b photography, and not drawings; there would be a variety, and no two page would look alik . M,;. Russell discussed the cost estimate that s h had prepar d, noting that a similar cost estimate would b prepared by anyone wanting co follow through on such a project. Mr. McBrayer suggested that th Co 1 sion and City Council might want to consider way s to recoup som of th xp n e lncurr d in th preparation of the brochure by offering it for s 1 tor al tor , or in<Jtance. He noted that in his buslness , h would b willing to purcha a quantitv of them ta reasonable price for handouts to prosp ct!v nt,;. He acknowledged that in some cases, the brochur should b iv n h also flt th r was a strong possibility that it could be mark t om of th ex- pens . M<1. Roman stated that the po ibility of ollc!tin " ub crib rs" or "con- tributors" has be n consld rd; thi ub crib r or contributor would then h v am an of adv rti ing by payln toward th public tlon of th brochur Discussion ensu rl. of paper stock nsu d. It w 1 o that th brochur could "pock t" for ins rt in th back, if d; chi concept would te a diff r nt 1 yout from that which par d by M . however. Mr. McBr yr not d that if th brochur w to be pr - "g neric" lin , up-d ted information could be pared and inserted ck pock t; this could mak th ov rall brochur ful for n x- riod of tim • Furth r di cu ,;ion on th "pock t" brochur cone pt Mr. H vil nd xpr d th c d much further without funding m y b avail bl • opinion that th Co n xpr a ion of int n • ltt cannot r on th format Uy pro- nd wh t I • • • • • • -4- Mr. Tanguma stated that he would s ugge s t the Co mmis sion d iscuss this i d ea i n more detail at a special session . He s tated that the not ion of a small pocket-sized brochure had been discussed. He e xpres sed the opin ion that all these option s need to be explor ed , and a consensus r eached so t ha t he can report back t o the Co mm i ttee a nd a recommendation can be made t o the City Council. Disc ussion e ns ued. It was determined that a special me e t i ng of the Commission had been scheduled with the Cherry Hill s Village Planning Commis s ion for Septemb e r 28th, and that they would not be i n attendance unt il after 8:00 P. M. It wa s s uggested that perhaps the Commission could d iscuss the broc hure concept until the arrival of the Cherry Hills Co mm issioners for the joint meeting. Mr . McBra ye r s tated that he felt a lis t of things the Commission is going to have to consider is the size of the brochure, t y pe of paper, the numb er of pages it should c ontain, and whether or not to use the "p ocket" concept . Ms. Ru ss ell asked that the Comm ission also cons i der what genera l concept they wanted to promote: a "slick" brochure, or a "down home" type document. Ms. Russell asked that if it is determined to use the brochure concept such as she has displayed, that she be given an opportun i t y to fu rther present her capabilities and talents i n the field of advertisin g and be considered as a cand ida t e to do the brochure. Mr. McBrayer sugges t ed that possibl y Ms. Russell would have to conv i nc th City Council that she was the logical choice to do the brochure. V. COMPREHENSIVE ZONING ORO I ANGE Proposed Am ndments. Mr. McBray r k d lf th Co ission memb r s had reviewed th propo d amendments pres nt d bv th staff. prohibition on retail in the R-4, Re sld•ntial/Pro- ould prohibit th dispensing of glass from opttc nee. Mr . . Romans stated that glasses may b d ls- in conjunction with a "profes siona l u "; an actual not p rmitt d. further cla rification • I • • • • • • -5- Mr . McBrayer also questioned the s tatement in the R-1-A general statement: "To these ends , development is limited to ..... plus cert ain public facilities, " He asked whether the r ecent amendment to the Co mpr ehen sive Zo n ing Ordinance pertaining to excl u sion of public facilities from the requirement s of the Zoning Ordinance was included here ? Ms. Romans defined public facilities as noted later in this proposed revision as being such things as s treet s, alleys, sidewalks, water and sewer lines, fire hydrants, etc. Mr. McBrayer asked why a minimum floor area is not indicated for other per- mitted use s, but only for a single-family residence? Mrs. Romans discus sed the d ifficulty of determining a min i mum floor area for a church, school or public facility, noting that a school must mee t state certification standards, and that restrictions cannot be placed on churches. Further discussion ensued on the matter of Us able Ope n Space and Landscaping. Mrs. Romans s tated that the 30% Usable Open Space was derived by figuring the area in the required minimum setbacks. This figured out to be 30% of the total lot. Mr. Stoel suggested that if the minimum setback requirement s are set forth, he did not feel a separate section was needed for Usable Open Space. Ms. Becker noted that detached garages and sheds could be put in this area, which would c ut down on the Usable Open Space; these accessorv uses have their own minimum setback requirements. Definitions of both Usable Open Space and Landscaping wer cited bv r~. Romans. Mr. Tanguma expressed his belief that there are too man y r estriction ; that there is a need to make housing more affordable, but the requ 1rem nt ~f JO % open space would 1 imit the d velopment that can be done on a lot. R n pointed out that und r the pr sent ordinanc , only 25% of th lot built upon. Under th proposed revision, 70% of th lot could b d with buildings or structures . This would b 70% dev lop d po ed amendment v s. a max i mum 25% lot area that cou ld be existing ordinance. Mr. McBray r asked for cl rification of (2) und r "Other Prov l ion nd Requirem nt s". Mr s. Romans s tated that th is would nabl a prop rty own r with less than the required minimum 75 foot frontage, but whos lot 1 ln excess of 60 feet in width, to build on that lot without having to appal to th Board of Adjustment and Appals. This provision i carried on throughout th R-1 district , p rmitting con truction on lots In th R-1-C District, for Jnstanc , which hav a front of 37 feet rath r th nth~ r quir d minimum 50 foot front g. Mrs. B ck r sked why barb rs, ar sp ar typ th l nol e Mr. Rom n m nt would t th pr t.rlct. Mr. occup tlon • I • • • • - -6- Mr . Stoel questioned that utilities should b required to be underground in a new development. Mrs. Roman s stated that this has been suggested to be required in new "subdivisions", and not for one small development. Mr. McBrayer suggested that i n a Planned Development , the utilities could be required to be underground. Mr. Ta nguma questioned the restriction on storage sheds . Mrs. Ro man s stated that the staff recommend s a maximum size on storage sheds. She noted that with a storage shed, and a large garage , it is very easy to get into a comme r cial activit y. It is proposed that there be a restriction on the size of private garages, also. The individual would still have th e option of appealing to the Board of Adjustment and Appeals if they wanted to exceed the restrictions suggested. Mrs. Romans stated that it has been the experience of the s taff that large garages (four or five car garages) lead to ne ighborhood problems. Mr. Tanguma stated with the economy the way it is, he felt large ga rages were needed t o allow people to work o n their own cars. Mr. Tanguma again voiced his opposition to "restrictions". Mrs. Becker expressed her opinion that there should be a limit on the size of garages . Mr. Tanguma stated that he felt the appeal procedure to the Board of Adjus tm ent was costly and time consuming, and that a property owner should not have to go through this. Mrs. Romans pointed out that this draft of the ordinance is based on the experiences of the staff and building inspectors, and by going through the record of the Board of Adjustment and Appeals. Ms. Becker stated that she is concerned about noise in a residential neigh- borhood . She noted that large garages can lead to work on vehicles and if this is done by "considerate" neighbors it may not be a nuisance to the neighborhood. She cited a case where in a resid nt is splitting wood ln his yard and selling from his yard; this is very disruptive to the neighborhood. Mr. McBrayer suggested that the matter of further review of the Ordinanc mendments be placed on the agenda for October 5th . Ms. Powers asked that the Commission go through the proposed Downtown O v lop- m nt District. She pointed out that this is a new zone district that ls being proposed , and will replace the B-1 Zo ne District in the downtown redevelop- ment area. Ms. Pow rs stated that this area wlll encompass provisions for a "flexible use area", a "pe riphery area", a "commons area", and a "mall area". Ms. Powers stated that thi s District is designed to promote pedestrian-oriented use s and pedestrian traffi c , and to di scourag high vehicular traffic. Ms. Power pointed out that no adult entertainment use s would b permitted in this district. Ms. Pow rs pointed out f atur s of the proposed zone district, s uch as height restrict ions, setbacks, building bulk, etc. The maximum height of tructures would vary according to th rea of th district in which thy r to be loc t d; height s long the mall ar would b restricted to three tories; th maximum height permitted ln th Flexible Use Ar a would b fourteen (14) s torie s . u • t t d v lop r b r - ting or financi.n th propoH d I • • • • • • -7- Ms. Powers then discussed the section on Usable Open Space. She noted that there is none required in the Mall or Periphery areas; in the Flexible Use Area, 30% of the site must be Usable Open Space. Regulations for especially permitted mall activities were discussed, and procedures for development were also discussed. Ms. Powers pointed out that design review procedures have been written into the development pro- cedures . Ms. Powers s tated that it is very important to make certain that any development occurring in this downtown development district is in com- pliance with the Downtown Development Plan, a nd the Downtown Redevelopment Plan (Urban Renewal Plan), and that there be some controls over this develop- ment. It is proposed that a Design Review Committee be established which would work with a develop e r from the beginning. An appeal process is built in, and appeals would be to the Planning Commission, who would have final determination. Mr. Tanguma asked if the City representative on the design review committee was to be a City Council member? Ms. Powers stated that it would not be; it is s uggested further in that section that the representatives be staff members. Ms. Powers stated that this proposed zone district will be reviewed by the Downtown Development Authority, and while the approval of that body is not required, they will be involved in the redevelopment process and their in- put should be received. Ms. Powers stated that the idea of setting up a work session with the EDDA, EBA, and Planning Commission has been discussed, and asked the opinion of the Commission on this possibility. Mr . McBrayer asked what the timing of this proposal is? Ms. Powe r s stated that if possible, she would like to have the Commission schedule a Public Hearing on the matter late in October or early November. Discussion ensued. It was determined that a public meeting would be scheduled for October 12th, to which meeting members of the EDDA, EBA, Chamber of Commerce, and och r interested citizens would be invited. The possibility of scheduling a public hearing for October 26th was then consider d. It wa s noted that both the Chairman and Vice-Chairman would be unavailable for a meeting that evening, and that another date would have to be determined. Further discussion ensued. Ms. Pow r s noted that a section p rtaining to utilities would have to be inserted into the body of this Ordinance. M. Becker ask d if there wa s a reason that hardwar sto re s were not ln- clud d asap rmitted use, or was this only an oversight? Ms. Powers st ted th t the wording on th 1 ad-in paragraph ne d to be r vised, nd that hard- w r stor s should b includ d as a permitted use; h st ted that this us would b ppropriate in th periph ry area, but would not be appropriate in th Mall area, for inst nee. Mr. Roman reminded th th propos d ordin nc Commission that there would b other ctions of am ndm nts forthcoming for th ir consid ration, 1 o. VI. LANDSCAPING ORDINANCE Mr. Sto 1 di cua d th progr c ping ordin nc th t w pr what th Co 1DD1i sion w nt and wh t r und th City, h h s co to th CASE #8-82 in r viewing th land- nd in det rminlng jut tat d that in driving ion that th min probl m wlth • I • • • • -8- lack of landscaping is in the commercial and in dustrial areas. H point d out that the Commission ha s previousl y determi ned that landscaping r quir - ment s would no t be i mpo sed in the single-family districts, and landscaping requirements are presently written i nto the R-2 and R-3 Zone Districts. Mr. Stoel s tated that it is his proposal that the proposed ordinance be con- cern ed only with the indus trial and commercial zone districts. Mr. Stoel s tated that the proposed o rd inance drafted by the s taff required 20% of the total site be landscaped i n the busine ss and i ndust r ial di s trict s , and that one tree for e v ery 40 foot frontage wa s r equired. Fifty (50%) percent of the landscaping mu st be of living materials . He sta ted he would like to see these provision s r emain in th e R-2, R-3 and R-4 Zo n e Districts. In the bu siness d istricts , he f el t that perhaps 20% is too high, and that perhaps we should consider a requ i r eme nt of 10% of the area to be landscaped . He stated that the cost of the land, and the parking requirement s have to be con sidere d, and he f eels that the 20 % mi n i mum requirement is e x cessive. Mr. Stoel stated that he feels the provision r e quiring screening be tw een business or industrial uses and adjacent and/or abutting r esident ial zone s is proper. Mr. Stoel di scussed landscaping of parking lots. The proposed o rd inan ce wou l d require that for parking lots with 50 or more v e hicles , that a minimum area of 10% must be landscaped , a nd that 25% of that mu st be i n living material s . He s tated that he felt thi s is a good provision . Mr. Stoel d iscussed the e nfo r cement and maintenance of land scaping. He asked if th Commi ssion memb e r s felt that th is wa s the d irection they wanted to go in proceeding wi th this project? Mr . Senti s t a t ed that he felt Mr. Stoel had done a good job , and was satisfied with th e direction th e proposal was taking. Mr . McBrayer stated that he also felt this was the right cours t o pursue. Mr. St oel tated that he had review d the sampl ordinances provid d by the staff , and felt that th Englewood Ord inance should be very simple, and not as complicated as the Lakewood Ordinanc , for example. Mr. Sto 1 cautioned that the Co111111ission must keep ln mind that there are areas al ng South Broadway, for inst nee, that cannot provid landscaping . Mrs. Becker stated that in Downtown D nve r, there are areas wh r hanging baskets ar placed during the summer months in an ffort to provid green ry, and sh felt that th ,a could b don in Engl wood. Sh sugg sted that perhaps fund paid into th L ndscap nd Fin Art Fund which wa propo d to be creat d could b d to fln nee such thing. s th h nglng b .kets. r. McBr yr , tac d that h would like to e om thing put togeth r, and ugg sted th t p rhaps thi could also be a point of discussion at th public me ting on Octob r 12th. Mr. Sto b mad mph iz d th t prov! ion r tro ctlv Furth r di In th • ordin nc could not r. T ngu xpr d I • • • • • • -9 - the opin i on that i n s ome i n s tances , th e 10% r e qu i r e me nt migh t be t oo high. Mr. Stoe l s t a ted that he would agree i t could be excessiv e i n s om e cases. He s ugges t e d tha t th e re mu s t be some fle x i b i l i t y i n c orpo rated i nt o the pro- v isions, and leave i t to a j udgment ca ll o f the s ta f f. Mr. Ta n guma stated that he would que s t i on l eavi ng th is t o a j udgment ca ll of t he s t aff; that he fel t the provision s s hou l d be "s pe ci f ic ". Ms. Becker a s k ed a bo ut land scap i ng in th e parking lo t s for less than 50 v e h i cles ; s he s tated that landscaping was needed in tho s e lo t s just as much a s the larger lots. She also felt that there is s ome wa y t o pro v ide greenery a nd/or lands c aping in the downtown area . Mr. Stoel indicated that he would try to get s ometh i ng put in wr iting fo r further consideration on the landscaping ordinance. VII. COMMISSION GOALS AND OBJECTIVES. Th e Commis s ion revi ewed the i r progress on the goals and ob ject i v es that had been set out earlier in the year. It was felt that the Commi s sion is makin g good progress , i n that man y proj ect s have been started and are un de r con- s iderat i on at the pres ent t i me . VIII . PUBLIC FO RUM. No on e wa s pr e s e nt to a ddress the Comm ission und e r Pub lic Forum . IX . DIRE CTOR'S CHOI CE . Mrs . Roman s not e d that the f i r s t me e t i n g of th Co mm ission sche duled for Nove mber is o n elec t i on d ay ; the Comm ission can c hoos t o mee t on that date , or could mo ve th e mee t i n g day t o Novembe r 3r d, a W dnesday , or mee the followi ng w ek on No v e mber 9 th. It was the conq nsus of th Commission to me t on Nove mbe r 9th. Mrs . Ro man s r e mi nd e d m mb e r s of t he join t me ting with th Cherry Hills Village Plann i n g Comm ission on September 28th. The Cherry Hills Commission indicated that if they we r e to be i nvited to Englewood for th meting, it would be about 8:15 P. M. before they would be hr . Discussion item pro- posed for that m ting r th proj ct d dev lopm nt of th Bu 11 prop rty in Cherry Hills Villa , and th Engl wood Rd v lopm nt Proj ct and th Wt rford d v lop nt. The annual City P rad w di cu~ of th Pared Co itt , that th 6th t 10:00 A. M., and th x. COMMISSION'S CHOICE. not d by Mrs. Rom n ., Chalrm n pr sch duled for Sturdy, Nov mb r is "Transport tion, Th n and ow." Th r w noth1.n brought forth f'or diacu sion und r Connh. ion' 11 Cho le . Th m ting djourn d t 9:30 P.M. • I • • n - • • • • -10- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSI ON , DATE: SUBJECT: RECOMMENDATION: Carson moved : Stoel seconded: September 28, 1982 1983/84 State Highway Work Program Request s The Planning Commission approve the proposed projects cited in Case #21-82, and that the y be recommended to the City Council for inclusion in the State Highway 1983/84 Work Program. AYES: McBrayer, Senti, Stoel, Barbre, Becker, Carson NAYS; None ABSTAIN; Tanguma ABSENT: Gilchrist , Allen The motion carried. By Ord er of the City Planning and Zoning Commission. I • • I n - • • • • ' LIQUOR LICENSE AUTHORITY MINUTES October 6, 1982 Ch a1rperson Donald Sty es called the meeting to order at 7:40 p .m. in the Ci t y Council Ch ambers . MEMBERS PRESE NT : MEMBERS ABSENT: AL SO PRES ENT : Donald Styes, Ronald Blanch ard, Lloyd Brya n Frances Cosby, Ronald Lunder s Ch arles Grilllll, Assistant City Attorney Eric Johannisson, Revenue Chief Brenda Castle, Recording Se cretary * * * 5 The Authority received an app li cation for change of ownership from Colorado Twenty-one, Inc. dba Puddin Boots, fonnerly The Ground Round, 5180 South Broadwa y , Engl ewood, Colorado. Present were attorney Dan W. Carr and Scott Diamond, a corporate officer to speak for the applicant. Because the letters of reconmendation for the corporate officers did not match those listed on Individ ual History Records, and other discrepancies, the Author ity requ ested that Mr. Carr and Mr . Diamond return October 13, 1982 with the appli cat 1on in order. * * * Deena Eyton, 3355 S. Akron St., Denver, CO 80231, requested a public hearin g or Swedish Medical Center. This would involve a Special Events Permit for Octo ber 29, 1982 for Beer, Wine and Liquor. MR . BRYAN MOVED, AND MR . BLANCHARD SECONDED, TO SET A PUBL IC HEARI NG DATE FOR SWEDISH MEDICAL CENTER FOR OCTOBER 27, 1982 AT 7 :30 P.M. TO CONSIDER A SPECIAL EVENTS PERMIT APPLICATION FOR OCTOBER 29, 1982 . AYES : NAYS: The motion carried. Donald Styes, Ronald Blanchard, Lloyd Bryan None * * • The m1 nutes of the meeting of September 22, 1982 were approved. * * • Th meeting was adjourned at 8:00 p .m . • I • • - • MEMBERS PRES ENT: MEMBERS ABSENT: ALSO PRES ENT: • • • LI QUOR LICENSE AUTHORIT Y PUBLIC HEARING Saint Louis Catholic Church October 6, 1982 Dona l d Styes , Ronald Blanchard, Lloyd Brya n Frances Cosby, Ron ald Lunders Charles Grilllll, Assistant City Attorney Eric Johannisson, Revenue Chief Brenda Castle, Recording Secretary MR. BRYAN MOVED, AND MR . BLANCHARD SECONDED, TO OPEN A PUBLIC HEARING TO CO NSIDER A REQUEST FOR A SPECIAL EVENTS PERMIT FOR ST. LOUIS CATHOLIC CHURCH FOR BE ER, WINE AND LIQU OR TO BE SERVED ON NOVEMBER 7, 1982 FROM 11:00 A.M. TO 11:00 P.M . AYES : NAYS: The motion carried. 9onald Styes, Ronald Blanchard, Lloyd Bryan None Mr. Johannisson told the Authority that the application and other necess ary documents have been received by the City and that the not i ce was correct ly posted . Jennife r Villano, 3110 S. Marion Street, Englewood, CO spoke to the Auth or ity for St. Louis Church. MR. BRYAN MOVED, AND MR. BLANCHARD SECONDED, TO APPROVE THE SPECIAL EVENTS PERMI T FOR ST . LOUIS CATHOLIC CHURCH FOR NOVEMBER 7, 1982. AYES: NAYS: The moti on carri ed. Donald Styes, Ronald Blanchard, Lloyd Bryan None MR. BRYAN MOVED, AND MR . BLANCHARD SECO NDED, TO CLOSE THE PUBLIC HEARING. AYES: NAYS : The motion ca r ri ed. Donald Styes, Ron ald Blanchard, Lloyd Bryan None • • • ~c6Zartft. Recording Secretary • • I . • In - r • • • LIQ UOR LICENSE AUTHORI TY PUBLIC HEARI NG Robert S. Br iol a dba Bob 's Gro cery Oct ob e r 7, 1982 MEMBERS PRESENT. MEMBERS ABSENT: Donald Styes, Ronald Blan chard, Lloyd Bryan Frances Cosby, Ronald Lunders AL SO PRESENT: Charles Grirrm, Assistant City At torney Eric Johannisson, Revenue Chief Brenda Castle, Recording Secreta ry RON BLANCH ARD MO ED , AND LLO YD BRYAN SE CONDED, TO OPEN A PUBLIC HEARING TO SHO CAUSE WHY ROBERTS. BRIOLA, OBA BOB'S GROCERY, 3296 SOUTH WASHING TON STREET , ENGLEWOOD, COLORADO, SHOULD NOT HAVE HIS 3.2 BEER LICENSE SUSPENDED OR REVOK ED. AVES: NAYS : Donald Styes, Ronald Blancahrd, Lloyd Bryan None The motion carried. Charles Grirrm in troduced the following exhibits for the City: • A. A letter from Gary Higbee, Director of Finance, dated August 6, 1982 inform ing Mr . Briola of the hearing . B. Certificate from the State of Colorado Liquor License Div ision dated August 8, 1982 certifying that the attached are true copies of the renewal appl ications for the years 1982, 1982, 1983. C. Exe mpl ified copy of a record of trial and surrrnons and complaint by the Arapaho Cou nty Court sho win g that Mr. Briola plead no contest to th eft of und r $5 0.00. D. Exempli fied copy of a record of the Arapahoe County Court where Mr. Briola plead guilty to a charge of driving while ability was impaired in 1977. E. Exemplified copy from the District Court of Arapahoe County showing that Mr . Briola plead guilty to a theft in a class four felony, for which there was a deferred j udgement and to a cl ass three misdemeanor for which he was sentenced. F. Certificate from the Depa rtment of Motor Vechicles showin g a drivers license of Mr. Briola . G. Copy of an official document from the En~lewood Police Department filed in and with the District Attorney's office which initiated the action ta ing place i n E. H. Copy of the Engle wood Police Department file showing filing of the case wi h District Court for the offense of purchasing from an uniden ified s 11 r (18-16-103), purchase r to maintain register (18-16-105) and theft by r c iving (18-4-410). The charg s ga,nst Hr. Briola stated to be that he was not of good moral charact rand that he lied under oath in making miss atement s on his Li qu or License applica 1ons or 1981, 1982 and 1983. • I . • -• • • Liquor License Authority Publ ic Hearing -Briola October 6, 1982 page 2 - • Mr. Gerald Gerash, attorney for Mr. Briola, objected to City Exhib1ts E, G and H Hi s obj ections were over -ruled by the Chair after polling the Authority membe rs. Mr. Grirrm called the following witnesses for the City: Michael Sw an, Englewood Police Department, 36 15 S. Elati, Englewood, CO. David C. Miller, Colorado Bureau of Investigation, assigned by the En~lewo od Police Department , 3615 S. Elati Street, Englewood, CO . Thom as Bock, Engle wood Police Department, 3615 S. Elati St., Englewood, CO . Mr. Gerash called the follow ing witnesses fo r the Defense : Dr . L. Dean Baxter, 137 Sherman St . Denver, Colorado, Psychiatr ist Martin Lathrop, 3259 S. Clarkson Street, Englewood, Colorado Kevin Ganda, 9146 W. Dartmouth Place, Denver, CO, employed by Republic Nationa l Bank Reb ecca Ensor, 3300 S. Washington St., Englewood, CO Mike Nilges, 3234 S. Washington St., Englewood, CO Vera Craig, 8190 W. 8th Place, Lakewood, CO Walter O'Brien, 1000 S. Monaco, Denver, CO Robert S. Briola, 725 East Floyd Avenue, Englewood, CO Because of the lateness of the hour of adjournment, Mr. Sty es stated that a decision would not be rend ered until the next meeting on October 13, 1982. LLOYD BRYAN MOVED, AND RON BLANCHARD SECONDED, TO CLOSE THE PUBLIC HEARING. AYES: NAYS: The motion carried. ENO.Tr Recording Secretary /bJC Donald Styes, Ronald Blanchard, Lloyd Bryan None * * * • I . • • • • • 5 E MINlITES ENGLEWOOD PUBLIC LIBRARY ADVISORY BOARD October 12, 1982 Chairman Bob Currie introduced Mr. Peter Vargas, Assistant City Manager, who addressed the Board regarding the circumstances of funding being denied the Library by City Council for the automated management system at the pre sent time. Chairman Currie called the regular meeting of the Library Advisory Board to order at 7 :57 p.m. PRESENT: Bob Currie, Wilma Ankrum, Marietta Brown, Norm Kerswill, Joe Rathburn, Dorothy Wheelehan ABSENT: Jerry Valdes, Debbie Dix, Kay Van Valkenburg ALSO PRESENT : Sharon Winkle, Director of Libraries Donna Gottberg, Recording Secretary Roll call was taken and a quorum declared present. Mr. Currie turned the meeting over to Ms. Winkle for the Director's Report. With the funding being denied for the automated management system at the present time, Ms. Winkle suggested the Board propose to Council an interim process until such funding is available. This will involve approximately $11,000 per year for processing of books and materials through SEMBCS. She will have a written report on this process at the November meeting. Denver Public Library (DPL) is again participating in the Central Colorado Li- brary System (CCLS) reciprocal borrowing. Arapahoe County residents are able to use DPL in a walk-in basis only. This is a one year solution at the present time. Ms. Winkle noted that she will sign a proposal regarding cooperative collection development in Arapahoe County. This item will be on the agenda for the joint board meeting in October. Ms. Winkle has asked the Judge to issue a suDU11ons to a family in Englewood who has retained numerous book s and materials belonging to the Library . Ms. Winkle has reports available on the Summer Reading Program and Story Time. Both had substantial increases in participation over last year . A reminder of the Colorado Library Association (CLA) Conference to be held Octob r 20 -24. Ch irman's Choice Mr. Currie gave a presentation that he will give t the CLA Conference on Sat - urd y, Octob r 23, regarding a state-wid book sale, After th presentation ther e w discu i on nd que tion nd answer period . The Board agreed to support 11r . Curri e in hi pre s ent t i on . c ontinued .... I • • - • • • • -2- Ms . Dix, Ms. Wheelehan and Ms. Brown volunteered to help cashier during the November 13 Book Sale at the Library. Ms. Dix, Ms. Wheelehan, Ms . Ankrum and Mr . Rathrurn volunteered to help with the Mayor's Christmas Tree Lighting Party on December 10 . Cookies will also be donated. Members' Choice There was a brief discussion on the Suggestion Book Comments. Jo e Rathrurn reminded the Board of the Pan.cake Breakfast on Saturday, October 16 at the Malley Center. The Statistical Report for September was briefly discussed. 82-25 MOTION: To accept the Minutes from the September 14, 1982 Meeting as written. Moved by: Joe Rathrurn Seconded by: Wilma Ankrum Motion carried. Meeting adjourned at 9:22 p.m . 10-13-82 dg • • I • • • • • • 5 F September 30, 1982 TO: Andy Mccown, City Manager '' Services J:)11• FROM: Gary R. Diede, Director of Engineering SUBJECT: OUT-OF-STATE TRIP REPORT (APWA CONGRESS & EQUIPMENT SHOW IN HOUSTON) This year, the International Public Works Congress and Equipment Show was held in Houston, Texas on September 11-16. The theme was "Putting Pride to Work" and featuring a wide range of presentations on current public works activities and problems from both technical and managerial viewpoints. Over 6,000 registrants were on hand to observe the single largest and most diversified display of equip- ment and supplies. Houston itself was a pleasant surprise to me, as I had heard from other people while I lived in Texas some ten years ago that Houston was a dirty place with snobbish, wealthy oilmen. In fact, I thought Houston was quite clean and well- maintained. The streets were in good repair and well swept. The downtown area was also very clean with active sounds of new construction. Around the conven- tion center alone, there were four new office towers being raised. The keynote address at the Congress was presented by Fred W. Friendly, former president of CBS News in New York. He emphasized the communication gap between the news media and the government employees, stating that we both have a responsi- bility to provide truthful and accurate news coverage . Too often, the public employee wi ll avoid the news reporter only to find a distorted story misunder- standing the facts. If the public employee is not available for explanations, the reporter relies on his best understanding, perhaps from only the "other side " to wr i te his story. His message to all publ ic leaders is to personally meet and get to know your local newspaper r ep or ter and editor so that a direct line of communication is al way s available to ans we r qu estio ns and offer explanat ions. Another program that made an impression on me was "T he Baltimore Story",which wa s a city promotion sound/slide film. Through excellent graphics and fade-in/out slides, this display showed the historic as well as current activities and accom- plishments of the City of Baltimore. I guess I related that need for the City of Englewood in promoting its Downtown Development Plan. Former U.S. Attorney General, Benjamin Civiletti, discussed the recent Supreme Court decision of Community Communication Co. vs. the City of Bould er. The significance of the case was that cities are not exempt or immune to the anti- trust laws. This is a complete reversal from what the courts had determined before this time. The Boulder case revolved around an exclusive cable TV contract. Conti nu ing education was again discussed at this year's conference. There are so many pros and cons on this subject. Of approximately 1,000,000 practicing engineers, only one-third of them are Registered Professional Engi neers with • I • • - • • • • Andy Mccown, City Manager -2-September 30, 1982 P.E. licenses. Therefore, requ1r1ng continuing education for license renewal would affect only 30 % of the engineers . Registration is not mandatory, except for some employment positions and professional stamps required on des ig n drawings . Although mandatory cont i nuing education is not at this time a high priority of the engineering profession, voluntary continuin g education is a must for all engineers to maintain a high degree of standards and know- ledge of the eng i neering field . It is felt that engineers who do not keep up with the growth of their profession are eas ily identifi ed and will lose their appeal and employers' confidence . Overall, I felt that the conference was well planned and attended, with a great deal of the credit going to Jimmie Schindewolf, the Director of Publ ic Works for Houston. A final note : For those of you who think it is hum i d in your shower~ Houston adds a new dimension in relative humi dity'. GR0/1 do I • • • • • • MEMORANDUM TO: Andy Mccown, City Manager FROM: DATE: SUBJECT: S. P. Trunck, R. K. Steinberg, Fire Department October 13, 1982 Nashville Seminar -Hazardous Materials Tactics Course We would like express our gratitude for the opportunity to attend the Tennessee Emergency Management Agency's Hazardous Materials Tactics Course held in Nashville, Tennessee September 20-24, 1982. The course was the final week of a three week program to certify us as Hazardous Materials Technicians. Due to our previous attendance of a basic Hazardous Materials Course held at the Colorado Training Institute, we were allowed to forego attendance of the "A" course , "Hazardous Materials for First Responders". In addition, due to our background in chemistry, we were allowed to skip attendance of the "B" course , "The Chemistry of Hazardous Materials", if we were to take and pass the "B" course final exam. We each passed the exam with little difficulty. By attending and success- fully completing the "C" course, "Basic Hazardous Materials Tactics", we received full certification as Hazdrdous Materials Technicians. The "C" course entailed the basic tactics and management methods for deal ing with Hazardous Materials Incidents. Each class of Hazardous Materials were covered in detail. The nine classes of Hazardous Materials are: Explosives, Compressed Gases, Flammable Liquids, Flmmable Solids, Oxidizers, Poisons, Irritants, Corrosives, and Radioactive Materi ls. In addition to classroom training, field trips to rail and highway shipping facilities , bulk storage facilities, and transfer facilibies with instruction from on site personnel were held. Addition 1 topics covered in rela ion to the Hazard classes were: Recognition, Personal Protec ion Gear, Containment of Spills, Neutralization, ToXl.c Clouds, and Inciden Mang nt. Emphasis was placed on initial stabilization of an inci h long-range effects of Hazardous Materi ls Incidents . We feel th t with instruction and training o as high a caliber as this , we are better able to pl c in service and manag our Haz rdous Materials Respons Unit. W also f l that the cours is good nough to consider bringing th instructors to pres nt th course to Hazardous Ma eriale team ro Fire Academy. Th inatruc ion w receiv din the cl 11room and through the field trips was supple111ented by visita to th Davidson Coun y H zardoua Materials R - sponse Unit locat din th Metro Fire Dep r nt Sta ion 12 and informal I • • - • ~dy Mccown Page Two • • • sessions with the instructors. Through these additional sessions, a great deal of practical and proven methods and techniques were shown to us. We want to thank you again for we feel that the experience was invaluable. Respectfully s~mitted, .4., ~ J / /,/ ~ . ./.< (, 7 ,<--I', s. P. Trunck ( Training Coordinator "t'.K.~~y R. K. Steinberg Captain SPT/RXS/dm cc: Chief Broman • I • • In • • • • BY AU THORITY ORDINANCE NO . SE R I ES OF 1 9B ~2~~~ 7 A COUNCIL BILL NO . 41 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AMEND I NG T I TLE IX, CHAPTER 2 , OF THE ENGLEWOOD MUNICIPAL CODE OF '6 9, AS AMENDED, BY REPEA LING AND REENACTING S ECTION S 1 THR OUGH 8, IN CLUS I VE, AND ADDIN G NEW S ECTIONS 9 THROUGH 1 9, INCLUSIVE, RELAT I NG TO THE CONTROL OF AMUSE MEN T ES TABLISHMENT S , CO MM ONLY KNOWN AS "AMU SEMENT DEVICES OR DINANCE ", AND DECLARING AN EM ERGENCY. WHEREA S , the r e e x i st s a pr ol if e r a t io n of Amusement Centers i n t he City of Engle wood ; a n d WHEREA S , there is a need to mon ito r an d co n t ro l Amusement Cen ters; NOW, TH ERE FORE , BE IT ORDAI NED BY THE CITY CO UN C IL OF THE C ITY OF ENGLEWOO D , COLORADO, AS FOLLO WS : S e c tion 1 . Subsections 1 through 8 , inclusive , of Chapter 2 of Title IX of the '69 Engle wood Municipal Code is hereby amended to re ad as fo llows: 9-2-1 : TITLE This Ordinance shall be kno wn as the Engle wood Amusement Devic e s Or dinance . 9-2-2: DEFINITIONS As used in this Ordinance of the Municipal Code o f the City of Englewood: (a) "Amusement arcade" shall mean a place or establishment where an individual, association, partnership, or corporation maintains more than ten amusement devices. {b) "Amusement center" shall mean a place or establishment where an individual, association, partnership, or corporation maintains more than four (4) and less than eleven (11) amusement devices, either as a sole business or in conjunction with some other business. (c) "Amusement premise" shall man a plac or establishment where an individual, association, partnership , or corporation maintains four (4) or 1 ss amusem nt d vices incidental to th ir min business. An mu s ment pr mis is not subject to th r quirements of 9-2-4 of this Ordinance bu is subject to all r quirements in 9-2-8 of this Ordinanc • • I • • - • • • • (d) "Amusement devices" shall mean any device which upon insertion of a coin , slug, token , place, or disc, or payment of a co nsideration directly therein , may be used by the public as a gain, entertainment, amusement, a test of skill, either mental or physical , whether o r n ot registering a score , and shall include , but n ot be limited to, pool tables , snooker tables , foosball tables , electronic games , coin-operated movies , and pi n ball machines of every kind and description , but shall not i n clude radios , devices that provide music only, televisions ca rry ing comme r cial broadcasts only , devices for bowling such as bo wling la n es , non-coin-operated pool and billiard tables , or fi x ed-stand , coin-o p erated kiddie rides . (e) "A pplicant" shall mea n any individual , association , partnership or corporation requesting a license pursuant to this chapter . (f) "Manager• shall mean an individual who manages , directs , supervises , oversees, and administers the acts and transactions of the agents or servants of any establishment governed by this ch apter or who , through his own actions , directs , oversees , and administers the affairs of any such establishment . 9-2-3: LICENSE REQUIRED (a) No amusement arcade or center shall conduct business wi thin the City without a valid li c ense as provided herein . (b) No amusement arcade or c enter shall c onduct business withi n the City without paying the annual fee placed upon amusement de v ic es required by 9-2-8. (c) Any a mu seme nt arcade or c enter whi c h holds a liquor lice nse granted by the Cit y of Englewood is n ot subject to the r equi rements of 9-2-4 of this Ord ina nce but is s ub jec t to all requirements in 9-2-8 of his Ordi nan ce . 9-2-4: The appliction licens shall be m de ccompanied by he fe follo wing information: LICENSE APP LIC AT ION for an musement arcade or amusement center to the Director of Finan ce and shall be required by 9-2-8 nd shall contain the (a) th nam nd ddress of the establishment ; (b) the nam , ddress , g , date nd pl ce of birth , eder 1 id ntification numb rand Social Security numb r of the applicant(s) nd m n g r(s) of the st bl sh ment ; 2 I • • • • • (c) prior felony convictions, including nolo contendre pleas of the applicant(s) and manager(s); (d) prior misdemeanor convictions involving moral turpitud e , including nolo contendre pleas, of the applicant(s) and manager (s); (e) Where applicant is a cor poration, association, partnership , or private club , the information required in paragraphs (bl , (c), (d) shall be furnished as to each officer of the association, each partner of a partnership, each officer of the corporation , each member of the board of directors of the co rporation, and the holders of ten percent (10%) or more of the co rporate stock of any class ; (f) Evidence from the department of Community Development of the City that the location of the proposed amusement arcade meets all of the zoning requirements of the City; (g) Copy of a lease or proof of ownership by the applicant; (h) The number of amusement devices to be maintained at the amusement arcade. (i) Any additional information requested by the Director of Finance reasonably needed to enforce this Ordinance. 9-2-5: LICENSE APPROVAL (a) Application for the license required by 9 -2-4 shall be reviewed by the Director of Finan ce . The Director of Finance shall have an investigation co nducted by the police department sufficient to verify all the information required by this chapter. On completion of this investigation , the Director of Finance shall either approve or disapprove the application. (b) No licens shall be issued to any applicant unless approved by the Direc or of Financ • Th Director of Finance shall r fuse to issu ny license for n musement arcade or amusement center if he Dir cto r of Financ finds ny of the following: ( l) Tha ye rs. (2) Th wen y-one y ars. h pplic nt is under he ge of twenty-on ny design ed manager is under the ag of 3 • I • • • • - (3) That the applicant, manager, or either of them, has made false stateme n t s up o n th e appli c ation. (4) That the appli c ant, manager , association officer, any partner of a partnership, officer of the corporation , member of the board of directors of the corporation , or a 10% or more shareholder of the co rpor ation has been convicted of a felony or misdemeanor involving moral turpitude or lacks good moral character. (5) The applicant manager, any associ ation officer , any partner of the partnership, any officer of the corporation, any member of the board of directors of the co rporation, or any 10% or more shareholder of the cor pora tion has had a license for such business revoked, suspended , or denied within two (2) years prior to the application or has been determined to be a nuisance within two (2) years prior to the application. (6) That the proposed amusement arcade or amusement center is located within five hundred (500) feet of the boundary of any public or parochial school grou nds, said distance to be computed by direct measurement from the nearest property line of the land used for school purposes to the nearest portion of the building in which the amusement arcade or amusement center is located . (7) That the proposed amusement arcade or amusement center is located within one thousand (1 ,000) feet of another amusement arcade or amusement center . 9-2-6: LICENSE TERM All li c ense s granted pur s uant to this chapter shall be for a t e rm of o ne (1) year. Said term shall commence on January l of e a c h y e ar and term i nat e on De c ember 31 of the same year. App lica t i on s for a lic en s e o cc urring at any other time during th e year shall be t r eated the s am e as i f they were made for one calendar year and shall e r minate on t he s am e d ate a s al l other licens s issued for the sa me year and no proratio n s h a l l be p rmitted . 9-2-7: LICE NSE RE NEWA L Rn w 1 of any o the lic en ses g r ante d pursuant to this chapt r may be had by p y men t of th e lice n se f ee along with a stat m nt hat t h e info r mation l is t ed on t he o riginal lie nse pplication is still rue a nd co rr ect , o r a st atement listing tho se items of info rm ation requi r ed fo r a license application which hav e cha ng d in the y ar since the licens was g r a nted or last r newed. Failur to r ne w lie nse i n a timel y m nn r s hall be grounds for t rmi n a ion and r evoc tion of s id licens n d s hall be gr o unds for failu r e tor ne w id liens • 4 • I • • • • • • • 9-2-8: LICENSE FEES Fees for persons licensed under the provisions of this cha pter are as follows: (a) Amusement arcade and a mu sement cente r, annual fee . Applicants or holders of an amuse men t arcade or an amusement center license shall pay a yearly fee of Fi fty Dollars ($50) per amusement device maintained upon the premis es. (b) Amusement premise, annual fee. An amusement premise shall pay a yearly fee of Fifty Dollars ($50) per amusement device maintained upon the premises . (c) Amusement arcade and amusement center, investigation fee . Applicants for an amusement arcade license shall pay an investigation fee of Seventy-five dollars ($75) to cover the cost of investigation required by this chapter . (d) Additional devices acquired during license period. All applicants and holders of amusement center or amusement arcade or amusement premise licenses shall report to the Director of Finance the addition of any amusement device or devices to their premises within fifteen days of said addition and tender to the Director of Finance at that time the fee of Fifty Dollars ($50) for each additional amusement device for the remainder of the original license period. Failure to report additional amusement devices to the City Clerk shall constitute a violation of this chapter and be grounds for revocation or suspension of the license granted pursuant to this cha pter. The Director of Finance shall issue a receipt for the payment of these fees. Section 2 . The '69 Englewood Munic ipal Code is hereby amended by adding new subsections 9 through 19, inclusive , of Chapter 2 of Title IX to read as follows: 9-2-9: DISPLAY ANO TRANSFER OF LICENSE The holder of any license or receipt issued pursuant to the t rms of this cha p er shall be subject to the following: (a) The lie nse shall b permanently and conspiciously displ ayed near the d vi e licensed • (bl Any ch ng in ownership or man gm nt of an amusement arc de or center must b r ported to the Director of Finance within (sev n) 7 busin s d ys followin such ch nge • • I • • • • • • • (c) Any license o r r ecei pt i ssu ed pur s u ant t o the terms o f this c hap t er s ha ll not be t ra ns f e rab le to a ny o t he r loc ation i n t he City . In th e e v e n t o f t ransfer o f o wn e r shi p o f the business at the same l oc ation fo r whic h a l ic e nse o r t ax r e c e ipt is issued pursu a nt to the terms of th is c hapt e r, a license may b e transferred to th e n e w owner of the bu si ne ss ; provided, however, that appli c ation t herefor stating the sam e information as required by 9-2-4 is first pr e sented to the Di r ec t o r of Finance for approval or disapproval. Approval or disapprova l o f such transfer shall be upon the same te rms as approval o r d i sapproval of a li c ense under the terms of t h i s chapter. (d) The transfer ee o f a license under thi s chapter shall p a y an additional annual f e e as required by 9-2 -8 when the license ha s b ee n transferred during th e ca l endar y e ar. (e) Where any li c ensee has a chang e i n manager or manager s of h is establishment, and a new manager has no t previously been a pproved as a manager b y the Director o f F i nan ce , he shall be presented by th e holder o f the l i ce nse o r sh a ll present himself to t h e o ffice o f the City Cle rk f or a ba c kg r o un d i nvestigation. 9-2 -1 0: GAMBL I NG PROHIBIT ED Noth i ng in t his Arti c l e s ha ll be co n st rued to permit any un la wful gambl ing o r wa g e r i ng wi t hin the Cit y. 9 -2-11: HOURS OF OPER ATION No establishment licensed pursuant to this Art icl e shal l allo w ope r ation of ny amusement device be ween the h o urs of 2 :00 A.M. a n d 7 :00 A .M. 9-2-12: MINORS ON PREMISES Persons under 17 years of age shall not be in attendance at premises where there is established , op rated , controlled , maintained, or kep n amusement device for h purpose of playing or operating such d vice, or as a spectator, be ween the hours of 7:00 A.M. and 3:00 P .M. on regular school days . Minors lawfully employed at such premiss may be on the pr mises while actually working . 9-2-13: No person sh 11 ( ol to obtain wh re kept n llow any p r m in in , ADMITTANCE OF MINORS himself on f; • to b 17 y ar or any premis s en I • • n -• • • 9-2-14: LIGHTING Amusemen t Ar ca d es s hall be brightly i lluminated at all times so t hat all patron s a re ea s ily re c ogni z a bl e and a ll activities wi t h in the arcade a r e e a sil y i d e nt i fiabl e . 9-2-15: LICENSE SUSPENSION, REVOCATION, DENIAL (a) The Dire c tor of Finance shall either suspend, revoke, or den y any license granted pursuant to this Article upon a finding of a n y of the follow i ng factors: (1) That any of the amusemen t devices maintained upon the premises are being used for gambling purposes. (2) That repeated disturbances o f public peace have bee n occurring within the licensed establishment or upon any pa rking areas, s id e walks, walkways, access ways or grounds i mmediately adja c ent to the licensed premises involving patrons, em ployees, or the ho l der of the license of the establishment. (3) That the holder of the license or any employee thereof is illegally offering for sal e , or i llegally allowing to be co nsumed upon the licensed premises, or upon any parking areas, si dewalks, walkways, access ways or grounds imme d iately adjacent to the licensed premi ses , any c ontrol l ed subs tanc e defined in C.R.S. 1 973, 18-18-1 05 . (4 ) Th at wher e not spec i fica ll y authorized by l aw, malt , vinous, o r spi r it uo u s beverage s are b ei ng consumed on the p r e mises wi th or without t h e con sen t of t h e owner by patrons o f the licen s ed e st a blishment or wh er e su ch b eve r a g es a r e be ing consumed by pat r o n s of the establishme n t u p on any pa r king a r eas , si dew alks , walkway s , access ways o r grou nds im mediately adjace n t to th e licensed premises . (5) Tha the holder of the license or an approved manager is not upon the licensed premises at all times . (6) That musement devices h v be n installed and/or r being op rat don the premises of any musem nt arcad or musement center for which the fee required by 9-2-8 hereof has no b n p id or for which application has no be n made pursu nt to 9-2-4 h reof. (7) Tha any amusement center or amusemen arcad is elng maintained in such a way as to viol e any building code , zoning, or publi c heal h requir m nt impo d by city , coun y or st t ordinance , law or regulation , or ny oh r provision of city o rdinance , or a at or fed rall 1 w . (8) Tha en renew d in a 1 ny liens requir d ob renewed haa no ly mann r as prescrib d in th1 ~r icle. 7 • I • • • • • (9) That any provisions of this Article has been violat ed by the owner or manager of the amusement arcade, amus em en c ente r, or that either such owner or manager has knowingly allow ed the violation of any provision of this chapter to occur. (10) That the use of the amusement devices in the licensed establishment occurs during the hours where such operat ion is prohibited pursuant to Section 11. (11) That the use of the amusement devices by minors under 17 years of age in the licensed establishment occurs duri ng the hours where such operation is prohibited by 9-2-12 and 9-2-1 3 . (12) That the holder of a license has been convicted of a felony or misdemeanor involving moral turpitude. Nolo contendr e pleas are treated as convictions . (13) That the distances required in 9-2-5 (b) (6) and 9-2-S(b) (7) has not been followed. (b) Nothing in this chapter shall prohibit the City from taking any other enforcement action provided for by this Code or the laws of the State of Colorado or of the United States. 9-2-16: APPEAL FROM A LICENSE SUSPENSION, REVOCATION OR DENIAL Any decision of the Director of Finance specified in this Section may be applied by any aggrieved party to the City Council by the filing of a written notice of appeal no later than twenty (20) days after the date of the Director of Finance decision. Upon receipt of such a notice of appeal, the appeal shall be placed on the City Council's agenda and shall be heard as a public hearin g. Any appeal from the City Council 's decision shall be to Arapahoe County District Court. 9-2-17: VIOLATION; PENALTY Any individual, ssociation, partnership or corporation which is convicted of violation of any provision of this chap er s hall be fined in a sum of not more than Three Hundred Dollars ($300) or shall b imprisoned not to exceed ninety days, or shall b both so find and imprisoned. 9-2-18: EFFECTIVE DATE All amus m nt reds or amus ment centers must apply for ppropri t license within ninety (90) days after th ffec iv hereof. All amusemen pr miss must pay the appropriate l i cense fees within nin ty (90) days aft r th ffectiv dat h e reof. 8 • I • • • • • • 9-2-1 9: SEVERABILITY If for any reason any one or more sections , sentence s , c laus es, or parts of this Ordinance are held invalid , such invalid ity shall not affect, impair, or invalidate the rema ining provisio ns of this Ordinance. It is the intent of the City Co un cil that the provisions of the Ordinance shall be severable. Sect ion 3 . This Ordinance is necessary for the immediate pres ervt1on of the public health and safety and an emergency exi s s by reason of the fact that the enactment of this Ordinance is neces sary to the orderly and efficient administration of th e busi ness within the City of Englewood; therefore, this Ordin ance shal l take effect following adoption immediately upon the signa ture of this Ordinance by the Mayor approving the same. Introduced , read in full, and passed on first reading on the 4t h da y of Oc tober , 1982. Published as a 3ill for an Ordinance on the 6th day of Oc tober, 1982 . Read by title and passed on final reading on the 18t h day of Oct0 er , 1982 . Published by title as Ordinance No·~~~~' Series of 1982, o n the 20t h day of October , 1982. Eugene L. Otis , Mayor At es ex o ficio City Clerk-T reasurer I , Gary R. Higbee, ex officio City Clerk-Treasurer of the Ci y of nglewood , Color do , hereby certify that the above and foregoing is t r •, ccur t and complete co py of the Ordinance passed on final re di ng nd published by title as Ordinance No. , Se ri es of 1982 . 9 • I • • ORDINANCE NO. S ERIE S OF 198=2~~~ • • • BY AUTHORITY COUNCIL BILL NO. 4 1 INTRODUCED BY COUNC IL MEMBER FITZPATRICK AN ORDINANCE AMEND ING TITLE IX, CHAPTER 2 , OF THE ENGLEWOOD MUNICIPAL CODE OF '69 , AS AMENDED, BY REPEALING AND REENACTING SECTIONS 1 THROUGH 8, INCLUSIVE, AND ADDING NEW SECTIONS 9 THROUGH 1 9, INCLUSIVE , RELATING TO THE CONTROL OF AMUSEMENT ESTABLISHMENTS , COMMONLY KNOWN AS "AMUSEMENT DEVICES ORDINANCE", AND DECLARING AN EMERGENCY. WHEREAS, there exists a proliferation of Amusement Centers in the City of Englewood; and WHEREAS, there is a need to monitor and control Amusement Centers; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLO WS: Section 1. Subsections 1 through 8, inclusive, of Chapter 2 of Title IX of the '69 Englewood Municipal Code is hereby amended to read as follows: 9-2-1: TITLE This Ordinance shall be known as the Englewood Amusement Devices Ordinance. 9-2-2: DEFINITIONS As used in this Ord inance of the Municipal Code of the City of Eng le wood: (a) "Amusement arcade" shall mean a place or establishment where an individual , association , partnership, or corpo rat ion maintains more than ten amusement devices. (b) "Amusement center" shall mean a place or establishment wh ere an individual, association , partnership, or co rporation maintains more than four (4) and less than eleven (11) amusement devices , either s sole business or in conjunctio n with some other busines s. (c) "Amus m nt pr mise" shall mean a place or establishment wh re an individual , association , partn ership , or corporation maintains four (4) or 1 ss amuse ment devic s incide ntal to th ir main business. An amusement premise is not ubject to the r quir m nt o -2-4 of this Ordina nce bu is subject to all requir m n s in 9-2-8 o his Ordinanc • I • • • • • (di "Amusement devices" shall mean any device which upon insertion of a coin , slug, token , place, or disc, or payment of a consideration directly therein , may be used by the public as a gain , entertainment, amusement, a test of skill, either mental or physical , whether or not registering a score , and shall include, but not be limited to , pool tables, snooker tables, foosball tables , electronic games, coin-o perated movies, and pinball machines of every kind and description, but shall not include radios , devices that provide music only, televisions carrying commercial broadcasts only, devices for bowling such as bowling lanes , non-coin-operated pool and billiard tables , or fixed-stand, coin-o perated kiddie rides. (e) "Applicant" shall mean any individual , association , partnership or corporation requesting a license pursuant to this chapter. (fl "Manager" shall mean an individual who manages , directs, supervises, oversees, and administers the acts and transactions of the agents or servants of any establishment governed by this chapte r or who, through his own actions, directs, oversees, and administers the affairs of any such establishment . 9-2-3: LICENSE REQUIRED (a) No amusement arcade or center shall conduct business within the City without a valid license as provided herein . (b) No amusement arcade or center shall conduct business within the City without paying the annual fee placed upon amusement devices required by 9-2-8 . (c) Any amusement arcade or cente r which holds a liquor license granted by the City of Englewood is not subject to the requirements of 9-2-4 of this Ordinance but is subject to all requirements in 9-2-8 of this Ordinance. -2-4: LICENSE APPLICATION The appliction for an mus m n arcad or amusement center license shall b made to the Dir ctor of Finance and shall be accompani d by the fee required by 9-2-8 nd shall contain the following information: ( ) th nam nd dress of the establishment; (b) the name, ddr ss , ag , da e and pl ce of birth, federal identification numb r nd Social Security number of the applican (s) nd man g r(s) of the est blishment; 2 I • • • • • (cl prior felony convictions, including nolo contendre pleas of the applicant(sl and manager(sl; (dl prior misdemeanor convictio ns involv ing moral turpitud e , including nolo contendre pleas, of the applicant(sl and manager (sl; (el Wher e appli cant is a corporation , association , partnership, or private clu b, the information required in paragraphs (bl, (cl , (dl shall be furnished as to each officer of the associat ion , each partner of a partnership , each officer of the corporation, each member of the board of directors of the co rporation, and the holders of ten percent (10%l or more of the corpo r ate stock of any class; (fl Evidence from the department of Community Development of the City that the location of the proposed amusement arcade meets all of the zoning requirements of the City; (gl Copy of a lease or proof of ownership by the applicant; (hl The number of amusement devices to be maintained at the amusement arcade. (il Any additional information requested by the Dire cto r of Finance reasonably needed to enforce this Ordinance . 9-2-5: LICENSE APPROVAL (al Application for the lice nse requ ired by 9-2-4 shall be reviewed by the Director of Finance . The Director of Finance shall have an investigation conducted by the police department sufficient to verify all the information required by this chapter . On completion of this investigation , the Director of Finance shall either approve or disapp rove the application. (bl No licens approved by the Dir refus to issu any center if the Direc shall be issued to any applicant unless ctor of Finance. The Directo r of Finance shall license for an musemen rcade or amusement or of Fin nee finds any of the following: ( 1 l Th t h pplicant is under he age of twenty-one years. (2) Th wenty-on ye rs. ny design ted manager is under th age or 3 I • • - • • • • (3) That the ap p lican t , manag e r, o r either of them , has mad e fal se statements upon the ap p lication . (4 ) That the ap p lican t, manag e r, a s s o ci ation officer, a ny partner of a partnership , office r of the co rporation, member o f th e boar d of di r ecto r s of the co rpo r atio n, o r a 10% or mor e shareholder o f th e corpo r ation h as been co nvi c ted of a felony or misdemeanor i nv olvi n g mo r al tur pitude or l a c ks good moral c hara c ter . (5 ) The app lic a nt manager , any association officer, any p artner of the partn e r shi p, any o fficer of the corporation , any member of the board o f dir ecto r s o f the corporation, or any 10% o r more shareholder of the co rpo rat i on has had a license for such business revoked , suspende d , or denied within two (2) years prior t o the application or h a s been determined to be a nuisance within t wo (2) years prior to the app li cation . (6) Tha t the proposed amus e ment arcade or amusement c enter is l o cated wi th i n f i ve hundred (500) feet of the boundary of any publi c or parochial school grounds , said distance to be co mputed by dire c t me a su rement from the nearest prqpe rty line of the land used for sc ho ol purpos e s to the nearest portion of the building in whi c h th e am u sement ar c ade or amusement center is l o c ated. (7) Tha t t he pr o pose d am u sement ar c ade or amusement ce nt e r is l oc at e d wi t hin one tho u s and (1 ,0 00 ) feet of another a mu s ement ar c ad e o r a musem en t ce nter. 9 -2-6: LICE NS E T ERM All licenses g r anted pu r suant to this chapter shall be for a term of o n e (1) year . Said term shall co mmen ce on January 1 of each yea r and terminate on Decembe r 31 of th e s ame year. Applications for a license occu rr i n g at a ny other t i me dur i ng th e year shall be treated the same as if they we r e ma d e for one calendar year and shall terminate on the same date as all other licenses issu d for the sam year and no proration shall be permitted. 9-2-7: LICENSE RENEWAL Renewal of any of th licenses granted pursuant to this chapt r may be had by p yment of the license fee alo ng with a st tement th t the information listed on the original license pplicatlon is s 111 true and co r rect , or a stat ment listing those it m of in orma ion re uired for a license app licatio n wh ic h ha v e ch nged in th y arsine th license was granted or last r e n e wed . Failure to r n w 1 c ns n a tim ly mann r shall be gr ou n ds for ermina ion and revoc ion of s id lie nse nd shall b g r ou nd s for failure o renews id licens • 4 I • • I n - • • • • 9-2-8: LICENSE FEES Fees for persons licensed under the provisions of this chapter are as follows: (a) Amusement arcade and amusement cente r, annual fee. Applicants or holders of an amusement arcade or an amusement center license shall pay a yearly fee of Fifty Dollars ($50) per amusement device maintained upon the premises. (bl Amusemen t premise, annual fee. An amusement premise shall pay a yearly fee of Fifty Dollars ($50) per amusement device maintained upon the premises. (c) Amusement arcade and amusement center, investigation fee. Applicants for an amusement arcade license shall pay an investigation fee of Seventy-five dollars ($75) to cover the cost of investigation required by this c hapter. (d) Additional devices acquired during license period. All applicants and holders of amusement center or amusement arcade or amusement premise licenses shall report to the Director of Finance the addition of any amusement device or devices to their premises within fifteen days of said addition and tender to the Director of Finance at that time the fee of Fifty Dollars ($50) for each additional amusement device for the remainder of the original license period. Failure to report additional amusement devices to the City Clerk shall constitute a violation of this chapter and be grounds for revocation or suspension of the license granted pursuant to this chapter . The Director of Finance shall issue a receipt for the payment of these fees. Section 2 . The '69 Englewood Municipal Code is hereby amended by adding new subsections 9 through 19, inclusive , of Chapter 2 of Title IX to read as follows: 9-2-9: DISPLAY AND TRANSFER OF LICENSE The holder of any license or receipt issued pursuant to the terms of this chapter shall be subject to the following: (a) The license shall be permanently and conspiciously displayed near the devic licensed. (b) Any change in ownership or management of an musement arcade or center must be reported to the Director of Finance within (seven) 7 busin ss days following such change. 5 I • • • • • (c) An y license or receipt issued pur suan t to the terms of this c hapter shall not be tra nsfe rabl e t o any o t he r location in the Cit y . In the event of transfer of ownership of the business at the sa me location for whi ch a license or tax receipt is issued pursuant to the terms of this chapter , a license may be transferred to the new owner of the bus i ness; provided, however, that application therefor stating the same information as requ ired by 9-2-4 is first presented to the Director of Finance for approval or disapproval. Approval or disapproval of such transfer shall be upon the same terms as approval or disapproval of a license under the terms of this chapter. (d) The transferee of a license under this chapter shall pay an additional annual fee as required by 9-2-8 when the license has been transferred during the cale ndar year. (e) Where any licensee has a change in manager or managers of his establishment, and a new manager has not previously been approved as a manager by the Director of Finance, he shall be presented by the holder of the license or shall present himself to the office of the City Clerk for a background investigation. 9-2-10: GAMBLING PROHIBITED Nothing in this Article shall be construed to permit any unlawful gambling or wagering within the City . 9-2-11: HOURS OF OPER ATION No establishment licensed pursuan t to this Art icle shall allow operation of any amusement device b etween the hours of 2:00 A .M. and 7:00 A.M. 9-2-12: MI NOR S ON PREMI SES Person s under 17 years of age shall not be in attendance at premises wher e there is established , operated , controlled , maintained , or kept an amuse ment device for the purpose of playing or operating such d vice , or as a spectator , bet ween the hours of 7 :00 A .M. and 3:00 P.M . on regular school d ys . Minors la wfully employed at such pr mises may be on the premises while actually working . 9-2-13: sh 11 f old r hour ADMITTANCE OF MINORS n on fi I • • • • • 9-2-14: LIGHTING Amusement Arcades shall be brightly ill uminated at all time s so that all patrons are easily recogni z able an d all activities with in the ar c ade are easily identifiabl e . 9-2-15: LICENSE SUSPENSION, REVOCATION, DENIAL (a) The Director of Finance shall either suspend, revoke, o r den y any license granted pursuant to this Article upon a finding of any of the following factors: (1 ) That any of the amusement devices maintained upon the premises are being used for gambling purposes. (2) That repeated disturbances of public peace have been occurring within the licensed establishment or upon any parking areas, sidewalks, walkways, access ways or grounds immediatel y adjacent to the licensed premises involving patrons, emplo yees, or the holder of the license of the establishment. (3) That the holder of the license or any employee thereof is illegally offering for sale, or i llegally allowing to be con sumed upon the licensed premises, or upon any parking areas, si dewalks, walkways, access ways or grounds immediately adjacent to the licensed premises, any controlled substance defined in C.R.S. 19 73, 18-18-105. (4) That where not spec ific al ly authorized by law, malt , vinous, or spirituous beverages are bei ng consumed on the p rem is es with or without the cons ent of the owner by patrons of the lice nsed establ ish ment o r where such beverages are being consumed by patrons of the establishment upon any parking areas , sidewalks, walkways, access way s or grounds immediately adjacent to the licensed premises. (5) That the holder of the license or an approved manager is not upon the lie nsed premises at all times . (6) That musement d vices h ve be n installed and/or are being operated on the premiss of any amusement arcad or amusement center for which th fee required by 9-2-8 hereof has not been paid or for whi ch application has no been made pursuant to 9-2-4 her of. (7) That any amusem nt center o r amus m nt a r c d i being maint ined in such a way as to viol t any building cod , zoning , or public health r quirem nt imposed by city , county or sta e ordi nan c , law or r gulation , or any other provi ion o city ordinance , ors t or d rall law. (8) Tha any lie nae requ r d to b rtn wed ha• no been ren w d in a im ly manner as pr scrib d in his Articl e . 7 • I • • - • • • • (91 That any provisions of this Article has been viola ted by the owner or manager of the amusement arcade, amus ement cente r, or that either such owner or manager has knowingly allowed the violation of any provision of this chapter to occur. (10) That the use of the amusement devices in the licensed establishment occurs during the hours where such operati on is prohibited pursuant to Section 11. (111 That the use of the amusement devices by minors under 17 years of age in the licensed establishment occurs during the hours where such operation is prohibited by 9-2-12 and 9-2-13. (12 1 That the holder of a license has been convicted of a felony or misdemeanor involving moral turpitude. Nolo contendr e pleas are treated as convictions . (131 That the distances required in 9-2-5 (bl (61 and 9-2-5 (bl (7) has not been followed. (b) Nothing in this chapter shall prohibit the City from taking any other enforcement action provided for by this Code or the laws of the State of Colorado or of the United States. 9-2-16: APPEAL FROM A LICENSE SUSPENSION, REVOCATION OR DENIAL Any decision of the Director of Finan ce specified in thi s Secti on may be applied by any aggrieved party to the City Counc il by the filing of a written notice of appeal no later than twenty (20) days after the date of the Director of Finance decision. Upon receipt of such a notice of appeal, the appeal shall be placed on the City Council's agenda and shall be heard as a public hearing. Any appeal from the City Council's decision shall be to Arapaho e County District Court . 9-2-17: VIOLATION; PENALTY Any individual, association, partnership or corporation which is convicted of violation of any provision of this chapter shall be fined in a sum of not more than Three Hundred Dollars ($300) or shall be imprisoned not to exceed ninety days, or shall be both so fined and imprisoned. 9-2-18: EFFECTIVE DATE All musem nt arcades or amua ment cent rs mu t apply for th appropri te licens within ninety (90) days after the effectiv date hereof. All amusement pr mises mu t p y th appropriate liens fees within nin ty (90) days after he effectiv date her of. 8 • I • • • • • • 9-2 -1 9: SEVERABILITY I f for any reason any one or more s ect i o ns, se n te n ces , cl auses , or parts of this Ordinance are held invalid, suc h invalidity shall not affect, impair, or invalidate t h e r emaining p r o visions of this Ordinance . It is the intent of the Ci ty Council t hat the provisions of the Ordinance shall be severable. Sect ion 3. This Ordinance is necessary for the immediate p r es ervt1on of the public health and safety and an emergen cy e x ist s by reason of the fact that the enactment of this Ordinance is ne cessary to the orderly and efficient administration of t he busi ness within the City of Englewood; therefore, this Ordi nance shall take effect following adoption immediately upon the s i gnatur e of t his Ordinance by the Mayor approving the same. Introduced, read in full, and passed on first reading o n the 4th day of Oc tober, 1 982. Published as a Bill for an Ordinance on the 6th day of October, 1982 . Read by title and passed on final reading on th e 18th day of October , 1 98 2 . Published by title as Ordinance No·-~~~' Seri e s of 1982 , on he 20 th day of October, 1982. Eugene L. Otis , Mayor Attest: ex officio Ci ty Cle rk-Treasurer I , Gary R. Higbee , e x offici o City Cler k -Tr easurer of th e Ci y of Englewood , Colorado , here by ce r ti fy t hat the a b ove and foregoing is a t r ue , accurate and complete copy of the o r di n ance pa ss e d on final read ing and published by title as Ordina n ce No. , Series of 1982 . 9 I • • - ORDI NANCE NO. ,,L/ ~ SERIES OF 198 2 BY AUTHORITY • • • COUNC IL BILL NO. 44 INTRODU CED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING AN JIGREEMENT WITH BOARD OF COUNTY co,,t,tISS I ONERS, ARAPAHOE COUNTY, STATE OF (X)LQRAOO, PROVIDING MtmJAL A.SS I STANCE IN PROVIDING TRANS PORTATION 'ID SENIORS AND HANDICAPPED SENIORS. WHEREAS, Arapahoe County, through Arapahoe County Tr a ns por tation Se rvices, provides transportation services to seniors in Arapahoe County; and WHEREAS, the City of Englewood provides transportat ion serv ices to senio r s i n the City of Englewood; and WHEREAS, coordination of services between the County of Arapahoe and City of Englewood would reduce operating costs through effic ient scheduling; 00W, 'ffiEREFORE, BE IT OODAINED BY 'ffiE CITY COUNCIL OF 'ffiE CITY OF ENG LEW:X)D, COLORADO: Section 1 . An agreement titled "Arapahoe County Transpor t ation Se r vices Le tte r of Agreement/Coordination" is hereby approved by City Co uncil , a copy of wh ich is at tached hereto and marked Exhibit A. Section 2 . That said agreement, consisting of two pag es , generally provides as follows : a . Ar apahoe Co unty Transportation Services and the City of Englewood mutually agree to coo r d inate and cooperate wi th ea ch other in the delivery of transportation se r vices to seniors and hand icapped seniors loti o reside in Arapahoe County . b. Arapahoe County Tr anspor t a tion Services will act as broker for 11 transportation requests . Sec ion 3. City Council of the City of Englewood hereby authorizes th Mayor sign said agre nt for and on behalf of the City of Engl wood and th ex officio City Clerk-Treasurer to attest the same. Introduced , te d in full , and passed on first re din on th 4th d y of October, 1982 . Publi hed Bill for Ordin nee on th 6th y of r, 1982 . d by i le on fin l reading on th 18th y 0 l 82. I • • • • • • Published by t1tl Ordinanc o. ___ , Series of 1982, on he ___ day of _____ , 1982. Eugen L. O is, Mayor ___ _ Attest: ex of fi cio City Clerk-Treasurer I , Gary R. Higbee , ex officio City Clerk-Treasurer of the City of Englewoo d, Colorado, hereby ce rtify that the above and foregoing is a true, accurate and compl ete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Se r ies o f 19 8 2 . Gary R. Higbee • I • • • • • • ARAPAHOE COUNTY TRANSPOR'fATI ON SERVI CES LETTER OF AGREEMENT/COORDINATION THIS AGREEMENT entered into this da y of , l'-f8' by and for the mutual benefit of THE 8000 OF COUNTY C0""1ISSIONERS F ARAPAHOE CO UNTY, STATE OF COLORAOO , ARAPAHOE COUNTY TRANSPORTAT ION er: VICE~, hereinafter referred to as "ACTS ", and the CITY OF ENGLEWCX)D , COLORADO , ENGLEWJOD SENIOR SURREY , hereinafter referred to as "ESS ". In consideration of the mu tual promises and covenan ts contarned h rein , ACTS and ESS agree and consent to the following items of coordina aJ cooperation , to wit: 1. That ACTS will only provide transpor ation to seniors and handicapped seniors when all other transportation agencies opera t ing w1 tt1111 Arapahoe County are L11able to provide tr nsportation to said seni o r s. 2 . ACTS agrees to relay all necessary de raph ic information to ESS about a senior who has requested transportation, 3 . ACTS will the liaison for o ther tr nsportation agenci es oµ t21tir~J w1Lhin Arapahoe County . As such , ACTS will coordinate its tr nsporta ion activities with othe r area transpor ation enc ies to avoid duplication of tr nsportation services within the County . Each agency 's trans rl tion er i teria will be taken into account by ACTS as same applies _ I:<:._ ach r q 'SL for transportation. If the selected agency cannot prov ide t ransportation , then ACTS will provide transporta ion , provided tha senior making th request meets ACTS ' r nsportation criteria , 4. If ESS or another trans unabl • I • • _n - • • • • 5. ESS wi ll cooper ate rn scheduling trips thru ACTS to co1T1T10n geog raphical points in Arapahoe Coun ty. 'Ihese points include , bu t no excluding other areas as determined by ESS and ACTS, Swedish Ho spi al, Malley Senior Center , area grocery markets, and other areas within a 3-mi le r d1us of Englewood. 6. ESS may place on one window an ACTS logo . 7. 1\CTS wil l receive transportation requests from othe r cooperating agencies, call ESS and cooperate with the ESS dispatcher in scheduling AC'J'S and other agency trips . Once a schedule is maintained , ACTS wil l contac the o ther agencies and up--<late their scheduling. 8. ACTS and ESS mutually agree that either party may requ :; revision or terminate this agreement after the giving of seven (7) days' wri en no ice the other party of the party 's desire for such revisions or termination. Ci y Council of the City of Englewood , Colorado , hereby authorizes the Director of Public Works of the City of Englewood o te r minat this contract should 1 be in the best interes of the City to so , noti to be given si mul an usly, in writing, to Ci y Council via the City Cle rk . IN WIWESS WHEREOF, the parties have hereunto se their hands and , 1 and day and year first above wri ten . CITY OF F}.(;LEWX)D, aJLOAAOO EN.LEWX)D SENIOR SURREY By -Eugene L o"Ts , Mayor o Ci y of Englewood , Colo rado Attest : -2- BOARD F COUNTY COl+IISSIONE " OF ARAPAHOE COUNTY I COLO By • Kenn e h E. ,loss , D1rec o rapahoe County Tr n pot at 1 n Servic s I • • - • ORD INANCE NO. 4 /J. SERI ES OF 1982 BY AUTHORITY • • • COUNCIL BILL NO . 44 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING AN AGREEMENT WITH BOARD OF COUNTY cor+USSIONERS, ARAPAHOE COUNTY, srATE OF COLOAADO, PROVIDING MUTUAL ASSISTANCE IN PROVIDI NG TRANSPORTATION TO SENIORS AND HANDICAPPED SENIORS. WHEREAS, Arapahoe County, through Arapahoe County Transportation Se rvices, provides transportation services to seniors in Arapahoe Coun ty ; and WHEREAS, the City of Englewood provides transportation services to s eniors in the City of Englewood; and WHEREAS, coordination of services between the County of Arapahoe and City of Englewood ~uld reduce operating costs through efficient schedul ing ; OOW, fflEREFORE, BE IT ORDAINED BY WE CITY COUNCIL OF fflE CITY OF D(;LEw:X)D, COLOAADO: Section 1. An agreement titled "Arapahoe County Transportation Serv ices Letter of Agreement/Coordination" is hereby approved by City Counci l , a co py o f whi ch is attached hereto and marked Exhibit A. Sec tion 2 . That said agreement, consisting oft~ pages, generally pr ovides as fo llows: a. Arapahoe County Transportation Services and the City of Eng l mutuall y agree to coo r dinate and cooperate with ea ch ot he r i n the deliv ry of t rans portation services to nio r s and handi c apped sen ior s who resid in Arapahoe County. b . Ara pahoe County Tra ns porta t ion Serv ices will ac as br ok r for 11 transpo ru3tion r equests . Sec ion 3 . City Council of th Clty of Engl wood hereby uthoriz si n said ag r e ment for on th Ci y of Englewood City Cl r k-Tre su r er to tt st Introduc , re in full , and passed on fir t re ding on th 4th day of 0c ober , l 82 . Publi hed Bill for Or din nc on th 6th y of r , l 82 . R d by itle d on fi n l re ing on th 18th day of l 82 • • yor to x offic 10 I • • - • • • • • Published by~t1 :s Ordinance No. ,"1"'21 , Series of 1982, on t he d{)!!2_ day of ~h , 1982 . Eugene L. Oti s , 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 and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No .~, Series of 1982 . Gary R. Higbee I • • • • • ARAPAHOE COUN'IY 'mANSPORTATI SERVICES LETl'ER OF J!IGREEMENT/COORDINATI THIS )1£;REEMENT entered into this day o[ , 19 by and for the rutual benefit of IBE BOARD OF (X)UNT'J' C0f,f,1 ISSI0 ERS Or ARAPAHOE COUN'IY, STATE OF (X)LORAOO , ARAPAHOE C:OUN'IY 'ffiANSPORTAT ION ;ERVICl::S, hereinafter referred to as "ACTS", and the CITY OF EN;LEWJOD, COLORAOO, E)(;LEW'.X)D SENIOR SURREY, hereinafter referred to as "ESS". In consideration of the mutual promises and covenants contained h.re1n, ACTS and ESS agree and consent to the following items of coordina ion ~nd coope ration, to wit: 1. 'Itiat ACTS will only provide transportation to seniors and handicapped seniors when all other transportation agencies operating within Arapahoe County are 1..1'\able to provide transportation to said senio r s. 2. ACTS agrees to relay all necessary demographic informat ion to ESS bout a senior who has requested transportation. 3 . ACTS will be the liaison for other transportation agencies pcratin<J within Arapahoe County . As such , ACTS will coordinate its transpor t tion acti vities with other area transportation agencies to avoid dupli c a tion of tr nsportation services within the County . Each agency's transport t1 >n c riteria will be taken into account by ACTS as same applies to each r t for trans rtation. If the selected agency cannot provide transport tion, then ACTS will prov id tr nsportation, provided that senior making th request meets ACTS' r nsportation criteria. • I • • • • • • 5. ES S wi ll coope r ate in scheduling trips thru ACTS to co1lll10 n geog raphi c al points in Arapahoe Cow,ty. These p,ints incl ud e , bu t •1ot e x lud i ng othe r areas as determined by ESS and ACI'S, S ish Hospi al, Malley Seni o r Center, area rocery markets, and other areas witn i n a 3-miie r~J1us of Englewood. 6. ESS may place on one wi ndo w an ACTS logo . 7 . ACTS will receive transportation requests from other coope r a t i ng agencies, call ESS and cooperate with the ESS dispatcher in schedu l inJ AC'l'S and other agency trips . Once a schedule is maintained , ACTS wil l con tact the other agencies and up-date their scheduling. 8. ACJ'S nd ESS mutually agree that either party may request re v isions t o or terminate this agreement after the giving of seven (7) days ' wri ten notice to the other party of the party 's desire for such revisions or termination. City Council of the City of Englewood , Colorado , here by authorizes the Director of Public Works of the City of Englewood o termin a P this contract should it be in the best interest of the City to do so, noti ce to be given simultaneously , in writing , to City Council via th Ci y Cle r K. IN WITNESS WHEREOF, the parties have hereunto set their hands d · als and day and year first above written . CITY OF EN;LE\-.a)D , COLORAOO ~LE\-.a)D SENIOR SURREY By Eugene I:-oTs; Mayor o City o Engle , Colorado Attest: -2- BOARD OF COUNTY OF ARAPAHOE COUN"N, By Kenne h°E:-tTos s ;-'oire or Ar pahoe Cow,ty Tr ns rta ion Services • I • • n n ~- • • • • BY AUTHORITY ORDINANCE NO. "I C COUNCIL BILL N0.48 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ARAPAHOE REGIONAL LIBRARY DISTRICT FOR 1983. WHEREAS, an Agreement with Arapahoe Regional Library District is presented to City Council annually; and WHEREAS, at the September 14, 1982 meeting, the Library Advisory Board recommended an Agreement to be presented to City Council for approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood, Colorado, a municipal corporation, shall enter into an agreement with Arapahoe Regional Library District for the calendar year 1983 for the circulation of any items available for circulation from the City's library facilities and from the Arapahoe Regional Library facilities to qualifying c ardholders of the other's library facility under the terms and conditions as set out in the attached Agreement for Library Services, which Agreement is i ncorporated herein by reference. S ection 2. That the City Council of the City of Englewood, Colorado, hereby authorizes the Mayor of Englewood to subscribe his name to said Agreement for and in behalf of the City of Englewood and the Director of F in an ce , ex officio City Cle rk -T reasurer, attest the same. Introduced , read in full , and passed on fi r st reading on the 4th day of October , 1982 . Published as a Bill for an Ordinance on the 6th day of October , 1982. Read by title and passed on final reading on the 18th day of October, 1982. the Published by title as Ordinance No.~~~-' Series of 1982 , on day of , 1982 . Eug ne L. Otis , Mayor • I • • - • • • • • 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 and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1982. Gary R. Higbee • 0 I • • • • • • • BY AUTHORITY ORDINANCE NO. COUNCIL BILL N0.48 INTRODUCED BY COUNCIL MEMBER SILO AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ARAPAHOE REGIONAL LIBRARY DISTRICT FOR 1983. WHEREAS, an Agreement with Arapahoe Regional Library District is presented to City Council annually; and WHEREAS, at the September 14, 1982 meeting, the Library Advisory Board recommended an Agreement to be presented to City Council for approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood, Colorado, a municipal corporation, shall enter into an agreement with Arapahoe Regional Library District for the calendar year 1983 for the circulation of any items available for circulation from the City's library facilities and from the Arapahoe Regional Library facilities to qualifying cardhold ers of the other's library facility under the terms and conditions as set out in the attached Agreement for Library Services , which Agreement is incorporated herein by reference. Section 2. That the City Council of the City of Englewood, Colorado , hereby authorizes the Mayor of Englewood to subscribe his name to said Agreement for and in behalf of the City of Englewood and the Director of Finance, ex officio City Clerk-Treasurer, attest the same. Introduced, read in full, and passed on first reading on the 4th day of October , 1982. Published s a Bill for an Ordinance on h 6th d y of Oc ober , 1982 . Read by title nd passed on final reading on th 18th day of October, 1982. Eugene L. o la , Mayor • I • • -• • • 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 and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. 43 , Series of 1982. Gary R. Higbee • I • • ORDINANCE NO. SERIES OF 1982 -44 • • • BY AUTHORITY COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASS ESSED VALUATION OF ALL TAXABLE PROPERTY wr THIN THE CITY OF ENGLEWOOD, COLORADO, FOR THE YEAR 1983 AND ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD COLORADO DOWNTOWN DEVELOPMENT AUTHORITY AND DE- CLARING AN EMERGENCY. WHEREAS, it is t he duty of the City Counc il of the City of Englewood, Colorado, under the Charter of sa id City and Statutes of the State of Colorado, to make the annual levy for City purposes for the year 1982, due and payable in 1983; and WHEREAS, the City Council ha s duly considered the esti- mated valuation of all of the taxable property within the City and the needs of the City for each of said levies and has determ i ned that the levies, as hereinafter set forth, are proper and wise. NOW, THEREFOR E , BE IT ORDAINED BY THE CITY COUNCIL OF THE CI TY OF ENGLEWOOD, COLOR ADO, as follows: Section 1. That there be and hereby is levied for the year 1982 , due and payable as required by Statutes in the year 1983 , a tax of 6.00 mills on the dollar for the General Fund of the City of Engle- wood, Colorado. That the levy hereinabove set forth shall be levied upon each dollar of the assessed valuat ion of all taxable property with- in the corporate limits of the City of Englewood , Colorado , and the said levy shall be certified as required by law. Section 2 . That under the authority of Part 8, Article 25 , Title 31, of th Colorado Revised Statutes, 1973, as amended, ther be nd hereby is levied for the year 1982 , due and payable as re- quired by 1 win 1983 , a tax of 5 .00 mills on the dollar for the use and b nefit of the Englewood Colorado Do wntown Development Au- thority. That the levy her inabove st forth shall be 1 vied upon each dollar of th ass sed valuation of all taxable property within the Englewood Colorado Do wn town Development District, and the s id 1 vy sh 11 be c rtifi d as required by law. I • • - • • • • • -2- Section 3. That City Council finds and determines that an emer- gency exists in that funds for municipal operations are necessary and passage of this ordinance is necessary for the immediate pre- servation of public property, health, peace and safety, and said ordinance shall become effective immediately following final pas- sage and shall be published within seven days thereof. Introduced, read in full, and passed on first reading on the 4th day of October, 1982 Published as a Bill for an Ordinance on the 6th day of October, 1982. Read by title and passed on final reading on the 18th day of October , 1982. Published by ~~Ordinance No. 44 , Series of 1982, on the ,&Qth day of~ , 1982. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and coaplete copy of the Ordinance passed on final reading and published by title as Ordinance No. 44--, Series of 1982. Gary R. Higbee • I • • ORDINANCE NO. 14 SERIES OF 1982 • • - BY AUTHORITY COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, FOR THE YEAR 1983 AND ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD COLORADO DOWNTOWN DEVELOPMENT AUTHORITY AND DE- CLARING AN EMERGENCY. WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado, under the Charter of said City and Statutes of the State of Colorado, to make the annual levy for City purposes for the year 1982, due and payable in 1983; and WHEREAS, the City Council has duly considered the esti- mated valuation of all of the taxable property within the Cit y and the needs of the City for each of said levies and has determ i ned that the levies, as hereinafter set forth, are proper and wi se. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD, COLORADO, as follows: S e c t i on 1 . That there be and hereby i s levied for the year 1 98 2 , due and payable a s requ i red by Statutes in th e year 1983, a tax o f 6.00 mil l s on the dollar for th e Genera l Fund o f the Ci ty of En gl e - wood, Colorado. That the levy hereinabov e set f o rth s hall be lev i ed upo n each d o l l ar o f the a sse ss ed valuation of all t a xable pr o per t y wi t h- in t h e co rpo r ate li mits of the City of Eng le woo d, Colo ra do , and the said levy shall be certified as r equi r ed by la w. Section 2 . That und r the authority of Part 8 , Articl 25 , Title 31 , of the Colorado Revised Statutes , 1973 , as amended , there be and h ereby is levied for the year 1982 , due nd payable as re- qui r ed by la w in 1983 , a ta x of 5 .00 mills on the dollar for the use and benefit of the Englewood Colo r a d o Do wnto wn Dev lopm nt Au- thorit y. That the l vy h r eina b o v set forth shall b le v i d upon each dollar of the assessed v aluation of all ta x abl p r operty w ithin the Englewood Colorado Do wntown De v lopm nt District , and th said l v y shall b c rtified as required by la w • • I • • -• • • -2- Section 3. That City Council finds and determines that an emer- gency exists in that funds for municipal operations are necessary and p assage of this ordinance is necessary for the immediate pre- servation of public property , health, peace and safety, and said ordinance shall become effective immediately following final pas- sage and shall be published within seven days thereof. Introduced, read in full, and passed on f i rst reading on the 4th day of October , 1982 Published as a Bill for an Ordinance on the 6th day of October, 1982. Read by title and passed on final reading on the 18th da y of October, 1982. ~~lished by !itle as Ord i nance No.~ 1 the &O!!J. day of (!:]&D-hJ; , 1982. Attest: ex officio Ci ty Cl erk-Tr ea surer , Se ri e s of 1 98 2 , on Eugene L. Ot is , Mayo r I , Ga ry R. Hi g bee , e x off i c i o C i t y Cl er k -T r easurer of the City of Eng lewoo d, Colorado , h e r e by ce rtify th a t t h e a b o v e and foregoing is a true, accurate and comp le t e c opy o f the Or dinance passed on final reading and published by title as Ordinance No. -"'l~ , Series of 1982. Gary R. Higbee I • • • ORDINANCE NO. 14 SERIES OF 1982 • • • BY AUTHORITY 7 0 · COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, FOR THE YEAR 1983 AND ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD COLORADO DOWNTOWN DEVELOPMENT AUTHORITY AND DE- CLARING AN EMERGENCY. WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado, under the Charter of said City and Statutes of the State of Colorado, to make the annual levy for City purpose s for the year 1982, due and payable in 1983; and WHEREAS, the City Council has duly considered the esti- mated valuation of all of the taxable property within the City and the needs of the City for each of sa id levies and has determined that the levi es, as hereinafter set forth, are proper and wise. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CI TY OF ENGLEWOOD, COLORADO, as follows: Section 1. That there be and hereby is levied for the year 1982 , due and payable as required by Statutes in the year 1983, a tax of 6.00 mills on the dollar for the General Fund of the City of Eng le- wood, Colorado . That the l vy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable property with - in the corporate limits of the City of Englewood, Colorado, and the said 1 vy shall be cer ified as required by law. Section 2. That under the authority of P rt 8 , Article 25 , Title 31, of the Colorado Revised St tuts, 1973, as amend d, th re be and hereby is levi d for the year 1982, due nd payabl s re- quir d by 1 win 1983, a tax of 5.00 mills on the dollar for the use and b n fit of th Engle wo od Color do Downtown Development Au- thority . Th t the levy hereinabov s forth hall b levied upon e ch doll r of the assess d valuation of all axable prop rty within the Englewood Colorado Do wn town O velopment Dia ric , and hes id levy sh 11 b certifi d s required by law • ) I • • - • • • • • -2- Section 3. That City Council finds and determines that an emer- gency exists i n that funds for municipal operations are necessary and passage of this ordinance is necessary for the immediate pre- servation of public property, health, peace and safety, and said ordinance shall become effective immediately following final pas- sage and shall be published within seven days thereof. Introduc ed , read in full, and passed on first reading on the 4th day of October, 1982 Published as a Bill for an Ordinance on the 6th day of October, 1982. Read by title and passed on final reading on the 18th day of October, 1982. #f~~lished by:::'itle as Ordinance No.::1::4:: the~ day of (l)_(!jJ.).[e,v , 1 982. , Series of 1982, on Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I , Gary R. Higbee, ex officio City Cler k-Treasurer of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and publ ished by title as Ordinance No.::1:1-, Series of 1982. Gary R. Higbee • I • • - • • • • 1 ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 S. Sherman S~<et Englewood. COIOrodo 8(l110 Phone 3031781 • 7885 October 14, 1982 Mayor Eugene Otis City Council City of Englewood 3400 South Elati Englewood, CO 80110 Dear Mayor Otis: Please be advised that at its October 13, 1982, meeting, The Englewood Downtown Development Authority Board passed a resolution reconaending to the City Council, the estab- lishment of a mill levy for the Englewood, Colorado, Down- town Development Authority of 5.00 mills for the taxabl year 1983. Cletus A. Ga aaon Chairperson • D , I • • - - • • • • • 7 t BY AUTHORITY ORDIN ANCE NO.-=----- SERIES OF 1982 COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER ~LLJ-l:=....:==-~ A BILL FOR AN ORDINANCE PROHIBITING CORPORATE OFFICERS, AGENTS, OR EMPLOYEE S FROM VIOLATING THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD BY ADDING SECTION 5, TO CHAPTER 3, TITLE 11 OF THE EMC '69, AS AMENDED. WHEREAS, Certain Code violations occur for or on behalf of a coporate entity by its officers, employees or agents, and WHEREAS, it is necessary to prohibit officers, employees, or agents from hiding behind the "corporate veil•. NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Sec ion 1. That the '69 Englewood Municipal Code is hereby amended by adding a Section to be numbered 11-3-5, which Section reads as follows: 11-3-5: CRIMINAL LIABILITY OF A PERSON FOR CO RPORATE CONDUCT An individual is criminally liable for conduct constituting a violation of any Englewood Municipal Ordin nee which he performs or causes to occur in the name of or in b half of a corpora ion o the same extent as if that conduc wer e p rformed or c used by him in his own name or beh lf. Introduced, r d in ull, and p day of~-----~' 1982. don first r adin on Published s a Bill for an Ordinanc on he ------' 1982 . d y of h ugene L. ts, Mayor ex o y C erk-Tr a ur r • I • • - • • • • I, Gary R. Higbee, ex officio City Clerk -Treasurer of the C i ty of Englewood, Colorado, hereby certify tha t the abo ve and forego i n g is a true, accurate and complete copy of a Bill for an Ordinance , int roduced, read in full, and passed on first reading on t h e~~~~- day of , 1982. Gary R. Higb e e • • I • • n - ORD INANCE NO. ----SERI ES OF 1982 • • • BY AUTH ORIT Y A BILL FOR COUNCIL BILL t 'O . 50 INTROD~C_ED B: COUNCIL MEMBER ~ AN ORDIN ANCE PROHIBITING CO RP ORA TE OFFICERS, AGENTS, OR EMP LOYEES FROM VIOL ATING THE MUNICIPAL CODE OF THE CITY OF ENGLEW OOD BY ADDING SEC T IO N 5, TO CHAPTER 3, TITLE 11 OF THE EMC '69, AS AMENDED. WHEREAS, Certain Code violations occur for or on behalf of a copo rate entity by its officers , employees or agents, and WHERE AS, it is necessary to prohibit officers, employees, or agents from hiding behind the "corporate veil". NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO UN CIL OF THE CITY OF ENGLEWOOD, COLORADO: Sectio n 1 . That the '69 Englewood Mun ici pa l Code is hereby men ed by adding a Section to be numbered 11-3-5 , which Section reads as follo ws: 11-3-5 : CRIMINAL LI AB ILITY OF A PERSON FOR COR PORATE CO NDU CT An individual is c riminally liable for conduc const1tu ing a violation of any Englewood Municipa l Ordina n ce whi ch he performs or causes to occur in the name of or in behalf of a corporation o th same extent as if hat conduct w re performed or c us d by him in his o wn name orb half. '-tJi Introduce full, nd pas ed on first re ding on h ..h day of , 1982. d s Bill for n Ordin nc on th d.00_ a y 0 , l a,. ne-C. O s, May or ex rk-Treasu~ I • • In - • • • • • I, Gary R. Higbee, ex officio City Clerk -Treasurer of the City of Engle wood, Colorado, hereby certify that the above and foregoing is a true , accurate and complete copy of a Bill fo r an Ordinance, intr oduced, read in full, and passed on fi r st reading on t he~~--~ day of , 1982. Gary R . Higb ee I • • - • • • - 7 F BY AUTHORITY ORDINANCE NO. SERIES OF 198~2~~~ COUNCIL BILL NO. 54 INTRODUCED BY COUNCIC- A BILL FOR MEMBER :j;, ~t4 1Jic.h AN ORDINANCE APPROVING AN AGREEMENT WITH REGIONAL TRANSPORTATION DISTRICT. WHEREAS, The City of Englewood has received from the Regiona l Transportation District funds for transit related improvements; and WHEREAS, the City desires to enter into an agreement to accomplish the improvements: NOW, THEREFORE, be it ordained by the City Council of the City of Englewood as follows: Section 1. An Agreement titled "Regional Transportation District Transit Street Improvement Agreement• attached hereto and marked "Exhibit A", is hereby approved by the City Council of the City of Englewood, Colorado and the Mayor of the City of Englewood is authorized sign, and the City Clerk is authorized to attest the Agreement. Section 2. The Agreement generally provides as follows: (a) The project consists of 2 radius modifications located at the s.w. corner of Broadway at Floyd and S.W. corner of Dartmouth at Cherokee, two bus pads located on Broadway, South of Dartmouth and on the east side of Broadway, north of Floyd Avenue. (b) R.T.D. s ha ll pay to the City of Englewood up to $17 ,5 0 0 fo r the p r oject . (c) The City shall oversee and insu r e the co mp letion of the project . ~lhlntroduced full , and passed on first r eading on the lo day of__u~:!,.:!::~~-· 1982 . c;}L~ i shed as i;/ , 19 8 2 . Bill for an Ordinance on the df2 tA day of Eugene L . Otis , Mayor • I • • - • • • • • Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex of ficio City Clerk-Treasurer of the City of Englewood, Colorado, hereby ce rtify that the abo ve and foregoing is a true, accurate and com plet e copy of a Bill for an Ordinance, introduSnd, read in full, and passed on first reading on the J/;t;!) day of (!,L~ , 1982. ' Gary R. Higbee -2- I • • n - • • • • REGIONAL TRANSPORTATION DISTRICT TRANSIT STREET IMPROVEMENT AGREEMENT .L . AGREEMENT made this* day of* , 1982, by and between the City of Englewood, hereinafter referred to as "Grantee," and the REGIONAL TRANSPORTATION DISTRICT, a political subdivision of the State of Colorado, hereinafter referred to as "RTD." WITNESSETH: WHEREAS, the RTD has established a Transit Street Improvement fund for the purpose of implementing transit-related street improvements; and WHEREAS, the Grantee has filed an application for funding of certain improve- ments and the RTD has approved the use of RTD local funds for the Project described in Exhibit A; and WHEREAS, the parties hereto desire to implement capital improvements described herein. NOW, THEREFORE, in c onsideration of the mutual promises c ontained herein, and for other good and valuable consideration, the rec eipt and sufficienc y of which are hereby acknowledged, the parties agree as follows: SECTION ONE PURPOSE The purpose of th is Agree ment is to assist the Grantee in im pl ement ing the transit-r lated stree t i mprovement(s) desc ribed below (hereinafter sometimes referred to as "the Project"). The Grantee, in turn, will carry out the Project in a ccordanc e wit h the t e r ms of this Agreement. SE C TION TWO TH E PROJ EC T The P roject consists of 2 radius modifications located at t h . W. corner of Bro d w y a t Floyd and • W. corner of Dartmouth at Cherokee. Two bus pads located on Broadway outh of D rtmouth and on the e s t side of Bro dw y, North of Floyd Avenue, s more p rticul rly d cribed in Exhibit A tt ch d hereto. ECTI N T HREE T H E G R ANT The RTD will prov1d th Gr nt e th tot I cost of the proJect or Sevente n Thouaand, Five Hundr ed Dollars ($17 ,)00.00) vh i ch ver is leas. • 3 I • • • • • • a. Where the Grantee performs the Project work through its own work force, the RTD will provide the Grant funds on the basis of invoices received and approved by the RTD for time and materials expended. b. Where the Grantee performs the Project work through a contractor, the RTD will provide the Grant funds on the basis of the contract award price (as may be modified by change orders) all ap proved by the R TD. c. Where the Project work is part of a larger capital improvement, the RTD will provide the Grant funds on the basis of the unit prices bid as part of such larger contract and RTD approval of all costs including items wh ich may not be identified in the larger contract. SECTION FOUR ELIGIBLE COSTS Costs eligible for reimbursement by the RTD under this grant Agreement are limited to the actual cost of design and construction of the approved Project. SECTION FIVE GRANTEE REQUIREMENTS a. The Grantee will prepare any ne c essary right-of-way or other real property acquisition instruments for the Project, if any. b. The Grantee will provide design doc ument review, construction inspe c- tion, and engineering services for the Project. c. The Grantee will obtain any required appraisals, permits, and approvals and will be responsible for all cit iz en review and public agency coordination, if any. d. The Grantee will maintain the com pleted Projec t. e. The Grantee will cons tr uct the Projec t through i ts own work force or cause it to be constructed through formally advertised, free, open, and competi- tive bidding, and in accordance with such add itional terms and conditions as the RTD may require. f. The Grantee shall permit and shall require st contractors to permit the RTD to inspect all data and records with regard to th Project. The RTD also may require the Grantee to furnish at ny ttme prior to closeout of the ProJect, audit reports pr pared according to gener lly accepted ccounti ng pr inci pl s. g. To the extent the work to be perform d under this Agreement is per- formed by other than the employees of the rantee or other Gov rnmental entity and the tot I cost of uch work is in excess of FIVE TH A D DOLLARS ($5,000.00) the Proj t Labor Agre ment in orpor ted her in b reference sh II pply. h. Reimbur ement by RTD for ehg1ble-co t I expressly c ontingent upon completion of th work to be performed und r th1 greement on or b fore D em~ I, 19 2. r ntee shall obt an th RT ' rm Im pection nd wrstt n con urrence in t ccept nee of th completed proJ c t amprovem nt on or before Decem~ 31, 19 2 • • I • • • • • • SECTION SIX DESIGN APPROVAL The Grantee shall obtain the RTD's written approval of the Grantee's use of and fees for outside consultants' preparation of plans, specifications, and esti- mates; the Grantee's bid process for the improvements constructed as part of this Project prior to the approval of the bid of any bidder; and cost estimates of right of way or other real property acquisition --all prior to commencement of acquisition or construction. As part of this approval process, the RTD shall have the right to inspect any bid documents submitted and the right of approval of the lowest responsible bidder(s). SECTION SEVEN CONTINUING TRANSPORTATION USE In consideration for this Grant, the Grantee shall permit the RTD free use of the improvements funded hereunder for transportation purposes for a period of not less than five (5) years from the date said improvements are completed and made available for public use. In the event the Grantee interrupts, eliminates, or interferes with the RTD's use of said improvements, the Grantee shall immediately refund to the RTD the full amount of the Grant funds received hereunder, pro- rated over the five-year period. SECTION EIGHT FINAL INSPECTION The Grantee shall obtain the RTD's final inspection and written concurrence in the acceptance of completed Project improvements. The RTD, upon granting f ina l acceptance, and within th ir ty (30) days thereafter, wi ll pay the amounts specified in Section Three above, in conformance with the conditions stated there in. ECTIO I E HOLD HAR MLE S -RTD OT LIABLE Gran · e, agrees to save and hold the RTD harmless from and against all suits, claims, and demands based upon any alleged d mage to property or any alleged injury to persons (including de th) which may occur or be alleged to have occurred by or on account of ny negligent act or omission on the part of the said Grantee, its subcontractors, or ny of th 1r serv nt , employees, or gents. The Grantee, at its own expen e, will settle or defend any cl ims or litigation rising out of the perform nee of this Agreement. Th RTD sh II not be Ii ble for ny dam ge to th Project improvement through the rout in use th r of uni caus d olely by th negligence nd/or omis ton of RTD employees. • I • • • • - SECTION TEN TERMIN ATION Either party may terminate this Agreement at any time by giving written notice s pecifying the date of termination, such noti c e to be given not less than ninety (90) days prior to the date therein s pecified. In the event the Grantee desires to cance l th is Agreement after RTD has expended funds for design, bu t before construction has begun, Grantee shall reimburse the RTD [or a ll design funds ex pended by RTD. In the event the Grantee desires to canc el thi s Agreement after Project c onstruction during the initial five (5) year period, it may do so upon giving written notice to the RTD, specifying the date of termination, such notice to be g iven not less than ninety (90) days prior to the date t herein spec ified. As a con dition prec edent to terminat ion a fter Project c onstruction, the Grantee shall reimburse the RTD for all Grant funds received under this Agreement, pro- ra ted over said five-year period. SECTION ELEVEN PROHIBITED INT ERESTS No officer, member, or employee of the RTD, and no members of it s governing body, and no other publi c offici al or employee of the go vern ing body of the loc al i t y or local ities included within the District, during his or her tenure or for one ye ar the rafter, shall have any interest, direct or indirec t, in this Agreement, or the proc eeds thereof. SECTION TWELVE MISCELLANEO U I. Noti ce s . An y not ice to be given hereund r shall be de e med g ive n when sent by regi s tered o r c ertified ma il to the addresses belo w: RTD Departm nt o f Le ga l C ounsel 16 0 0 Bl ak e tre t Denve r, Colorado 80202 Grantee: City o f Eng lewood 34 00 ou t h E l t1 t r eet Englewood, C 801 10 2. e ve r a bil1ty . hould any prov1s1on of t his agr eeme nt bed dar ed invalid by any cour t of c-ompetent 1urisd1 c t1o n, t h remaining pro I ions her o f s ha ll remain in full for nd effect regardle s of su h declaration. • I • • - • • • • 4. Agreement Binding. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 5. Laws to 22Q!y. The Project shall be carried out in accordance with the laws of the Sta te of Colorado and all applicable Federal laws & regulations, and all local laws , ordinances and regulations. 6. Amendment. This Agreement may not be amended except in writing by mutual agreement of the parties, nor may rights be waived except by an instru- ment in writing signed by the party charged with such waiver. IN WITNESS WHEREOF, the parties have duly executed this Agreement , effective the day and date first above written. .-\PPROVED AS TO LEGAL FORM FOR THE RTD By _____ ...,..._=----,---- Legal Counsel ATTEST: By ___________ _ REGIONAL TRANSPORTATION DISTRICT By=----,--.,,...,.-----,-~---,-,-,,--- Executi ve Direc tor and General Manager GRANTEE: City of Englewood 3400 South Elatl Street Englewood, CO 80110 By ______________ _ I • • • - • • 0 S.W. Cor. Broadway a Floyd -W. Floyd Ave. - V.C.8G. r--10.0' • 1 • 17.9° --- 8.3' SCALE '. 111 = 10 1 143·-- • ENGINEERING DEPART MENT CITY OF ENGLEWOOD, COLORADO • RECONSTRUCTION for R.T. O. Drawn By : oat.: July, 1982 • • - • • ' . • • • ESTIMATED COSTS S. W. Corner Broadway & Floyd Remove & replace 26 L.F. VC&G@ $13.50/L.F. Remove & replace 175 L.F. 8" walk @ $5.20/S.F. Saw concrete -25.7 L.F.@ $2.20/L.F. Remove 66 S.F. Crosspan@ $0.70/S.F. ratch asphalt -3.5 T@ $50/Ton PX/lo 9/22/82 Subtotal + lO\ Contingency Total • $ 35l. 00 910.00 57.00 46.00 175.00 $1,539.00 1 54 .00 Sl,693 .00 I r:t I • • • - • • 0 S.W. COR. DARTMOUTH a CHEROKEE S. CHEROKEE ST. //,p,op.rty Lin, L _ ---- SCALE : 1·= lo' 9 Z • ENGINE RING DEPARTMENT CITY OF £NGL£WOOO, COLORADO • RECONSTRUCTION for R.T.O. E] -Replace Concrete Orawn By : P.K Oat•: S•pf. 1982 • • - , ' .. .. • • • • ESTIMATED COSTS S. W. Corner Dartmouth & Cherokee Remove 46.2 L.F. VC&G@ $2.00/L.F. Replace 43.3 L.F. VC&G@ $11.50/L.F. Remove 241.1 S.F. Walk@ $0.70/S.F. Replace 141. 4 S. F. 8" Walk @ $4. 50/S. F. Replace 48.0 S.F. 4" Wa.lJc@ $2.00/S.F. Remove one catch basin@ $600/Ea. Construct one catch basin@ $1,200.00/Ea. Place 12 L.F. 15" RCP@ $31.00/L.F. Patch asphalt -6 T.@ $50/T. PIC/lo 9/22/82 Subtotal + 10\ Contingency Total • $ 9 2 .0 0 4 9 8.00 1 69 .0 0 636.0 0 96.00 600 .00 1,200 .0 0 372 . 0 0 300 .00 $3,963.00 396.00 $4,3 5 9.00 I • • • • • 0 R.T D. BUS PAD SCALE '. I"= 10·~ ._ t ------Broodwoy --~- 1----------53.6'---+-:::::::;::=====-~-----oooo ---50--rr---------======:J Construct 8 1 X651 Cone . Bus Pad (SH Pod 0.foil &low) ad ENGI N E OE MR TM NT CITY OF ENGLEWOOO RTQ Bus Pad 3100 8/k S Broadway Dro wn By . • • • • • • ESTIMATED COSTS Pad at S. W. Corner Broadway & Dartmouth Remove & Replace 100 L.F. VC&G@ $1 1 .50/L .F. Remove 602 S.F. Asphalt@ $1.00/S.F. Construct 520 S.F. 8" pan/mesh @ $4.50/S.F. Patch asphalt -4 T.@ $50/T. P!Vlo q/22/82 Subtotal + 10\ Contingency Total • $1,1 50 .00 602.00 2,340.00 200.00 $4,292.00 429.00 $4,721.00 I • • I • • • RID. BUS PAD E. Side Broadway, N. of Floyd Ave . Remove a Replace 18 0 S.F. 4" Wolk, Sow 190 L .F. Cone . 0 SCALE : 111 = 101 ----lI1 Exis ting Glass ~ Shackby RT.o. ~- Re place 5IJ° Section, 9" Wide Chose Drain Cover . i-1.0'-i Construct 8 1 X 65' Cone . Bus Pad I See Pod Oeloi l Below J F <1sl1ng °kf•plloM M/1111101- t---------------650'---------------' t-----------------~0-------------------~ •• • ENGINEERING DEPARTMENT CITY OF ENGLEWOOD, COLORADO RrD. BUS PAO 3200 8 /k. S. Bro adway Drawn By: Oat• · July, 1982 • - • • • . . ESTIMATED COSTS • • • Pad at N. E. Corner Broadway & Floyd Remove & replace 90 L.F. VC&G@ $11.50/L.F. Remove & replace 18 S.F. Walk@ $2.70/5.F. Saw Concrete -20.5 L.F.@ $2.20/L.F. Remove 602 S.F. Asphalt@ $1.00/S.F. Construct 520 S.F. 8" pan/mesh@ $4.50/S.F. Chase section work -lump sum@ Patch asphalt -4 T.@ $50/T. P,Vlo 9/22/82 Subtotal + 10\ Contingency Total • $1,035.00 49.0 0 45.00 602.00 2,340.00 500.00 200.00 $4,770.00 477.00 $5,247.00 n I • • - • • C O U N C I L DATE October 13, 1982 • • • C O M M U N I C A T I O N AGENDA ITEM 1 REGIONAL TRANSPORATION DISTRI CT SUBJECT TRANSIT STREET IMPROVEMENT AGREEMENT INITIATED BY City Manager ACTION PROPOSED Pass ordinance aythori zi na execyti on of the agreement BACKGROUND : Each year, the City of Englewood requests fund i ng from RTD to repair concrete that has been da,naged by the i r buses at various locations throughout the City . Thi s year, RTD has approved work at the follow i ng locations : 1) Floyd & Broadway (s outhwest corner)~ curb rad i us repa i r s 2) Cherokee & Dartmouth (southwest corne r) ~ curb r adi us repa i rs 3) Broadway & Dartmout h (southwe st cor ner ) ~ co ncrete repa irs an d construction of a concrete bus pad 4) Broadway and Floyd (no rtheas t co rner )~ co ncrete r epa irs a nd co nstru ct ion o f a concrete bus pad FINAN CIAL : RTO ha s co11111i tted for th e actual costs of th e proposed work, t o maximum of $17,500. REC Oftil ENDA TI ON : We uld reco nd tha th agre nt b execu d so t at th proposed improv nts could yet be completed 1n 1982 . RA /ld o I . • ORDIN ANCE NO.~~~- SERIES OF 1982 • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 5 4 INTROD~CWJ BY COUN~IC:- MEMBER~ AN ORDINANCE APPROVING AN AGREEMENT WITH REGIONAL TRANSPORTATION DISTRICT. WHEREAS, The City of Englewood has received from the Regiona l Transportation District funds for transit related improvements; and WHEREAS, the City desires to enter into an agreement to accomplish the improvements: NOW, THEREFORE, be it ordained by the City Council of the City of Englewood as follows: Section 1. An Agreement titled "Regional Transportation District Transit Street Improvement Agreement• attached hereto and marked "Exhibit A", is hereby approved by the City Council of the City of Engle wood, Colorado and the Mayor of the City of Englewood is authorized sign, and the City Clerk is authorized to attest the Agreement. Section 2 . The Agr eement ge n erall y provides as follows: (a) The project consists of 2 rad ius modific at ions located at the S .W. corn er of Broadway at Floyd and S .W. corner of Dartmouth at Cherokee , t wo bus pads located on Broadway, South of Da r tmouth and on the east side of Broadway, north of Floyd Avenue. (b) R.T.D. shall pay to the City of Englewood up to $17,500 for the project . (c) The City shall overs of the project. nd insur th completion ; Introduced• read in full, and passed on first reading on th '-ti) day of , , 1982. h d as a Bill or an Ordinance on the ~.,C,j~~~~, 19 2 . .lioO.""-~-day of Eugene L. o la, ayor I • • n - • • • • • 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 and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, L introduc:'d , read in full, and passed on first reading on the /f.-:t_ri day of LJ(Jb-J-e, , 1982. Gary R. Higbee -2- I • • - • • • • REGION AL TRANSPORTATIO DISTRI C T TRANSIT STREET IMPROVEMENT AGREEMENT j__ AGREEMENT made this * day of * , I 982, by and between the City of Englewood, hereinafter referred to as "Grantee," and the REGIONAL TRANSPORTATION DISTRICT, a political subdivision of the Sta te of Colorado, hereinafter referred to as "RTD." WITNESSETH: WHEREAS, the RTD ha s establi s hed a Transit Street Im provement fun d for the purpose of implementin g transi t-rela ted str eet improvements ; and WHEREAS, the Grantee has filed an appli c at ion for funding of certain improve- ments and the RTD has approved the use of RTD local funds for the Projec t desc ribed in Exhibit A; and WHEREAS, the parties hereto desi re to implement c api tal improvements described herein. NOW, THEREFORE, in consideration of the mutual prom ises contained herein, and for other good and valuable consideration, the rec eipt and suffici ency of whi ch are hereby acknowledged, the parties agree as follows: SECTION ONE PURPOSE The pu rpose of th is Agreement is to a ssist the G rantee in impl e ment in g the t r an sit-r Pl ated street i mprovement(s) desc ribe d below (hereinafter some t imes referred to as "the Proj ec t"). The Grantee, in t urn, w ill c arr y out the Project in accordance with the t e r ms o f t hi s Agree ment. SE C TI O N TW O THE PROJECT The ProJect consists of 2 r dius modifications locat d at the S. W. corner of Bro d y t Floyd and • W. corner of Dartmouth at Ch rokee. Two bus pads loc ted on Bro dway outh of D rtmouth nd on the e stside of Bro dway, orth of Floyd Avenue, as more parucul rly d cribed in Exh1b1t A attached hereto. SECTI THREE THE GRANT Th RTD will prov1d th Gr nt the total ost of the project or Sev nu n Thou1and, Fiv Hundr ed Dollars ($17 ,)00.00) whi ch v r ia 1•••· 3 I • • • • - a. Where the Grantee performs the Project work through its own work force, the RTD will provide the Grant funds on the basis of invoices received and approved by the RTD for time and materials expended. b. Where the Grantee performs the Project work through a contractor, the RTD will provide the Grant funds on the basis of the contract award price (as may be modified by change orders) all approved by the R TD. c. Where the Project work is part of a larger capital improvement, the RTD will provide the Grant funds on the basis of the unit prices bid as part of such larger contract and RTD approval of all costs including items which may not be identified in the larger contract. SECTION FOUR ELIGIBLE COSTS Costs eligible for reimbursement by the RTD under this grant Agreement are limited to the actual cost of design and construction of the approved Projec t. SECTION FIVE GRANTEE REQUIREMENTS a. The Grantee will pre pare any ne c essary r ight-of-way or other real property acquisition instruments for the Project, if any. b. The Grantee will provide design document review, construc t ion inspec - tion, and engineering services for the Project. c. The Grantee will obtain any required appra is al s , per mi ts, and a ppro val s and will be responsible for all c1 t1zen review and public agenc y coordmauon, if any. d. The Grantee will m in ta in t he complet ed Proj t . e. The Gra nt e will cons truc t t he Pro1 t t hrough i t s own work for c <.- or cau e It to be cons t ru t ed through formally advert! e d, fre , open, and com pett - t 1ve bidd ing, n d in accord nee w it h uch addition l e r m nd nd1t1on RTD may require . t , • I . J • • - SECTION SIX DESIGN APPROVAL The Grantee shall obtain the RTD's written approval of the Grantee's use of and fees for outside consultants' preparation of plans, specifications, and esti- mates; the Grantee's bid process for the improvements constructed as part of this Project prior to the approval of the bid of any bidder; and cost estimates of right of way or other real property acquisition --all prior to commencement of acquisition or construction. As part of this approval process, the RTD shall have the right to inspect any bid documents submitted and the right of approval of the lowest responsible bidder{s). SECTION SEVEN CONTINUING TRANSPORTATION USE In consideration for this Grant, the Grantee shall permit the RTD free use of the improvements funded hereunder for transportation purposes for a period of not Jess than five (5) years from the date said improvements are completed and made available for public use. In the event the Grantee interrupts, eliminates, or interferes with the RTD's use of said improvements, the Grantee shall immed ia tely refund to the RTD the full amount of the Grant funds received hereunder, pro- rated over the five-year period. SECTION EIGHT FINAL INSPECTION The Grantee shall obtain the RTD's final inspection and written concurrence in the acceptance of completed Project improvements. The RTD, upon grant ing final acceptance, and within thirty (30) days there after, will pay the amounts specified in Sec tion Three above, in c onformance wi th the conditions stated t he re in. ECTIO I E HOLD HARMLE S -RTD OT LIABLE Gran , agre s to save nd hold the RTO harmle s from and against II u1t , claims, and demand b sed upon any alleged d m ge to property or ny lie ed inJury to person {including de th) which m y occur or be alleg d to h ve occurred by or on account of ny negligent ct or om1s ,on on the p rt of th id Grantee, its su ontr ctor , or ny of their ervant , employees, or g nt Th Gr ntee, t Its own e pense, ill ettle or d fend ny cl im or litig uon ari in out of th perform nee of this Agreement. Th RTD h II not be h bl for ny d m g to th Proiect 1mpro m nt through the routine use th reof uni s caused ol ly by th neglig n nd/or om1 ion of TO employ • I • • • • - SECTION TEN TERMINATION Either party may terminate this Agreement at any time by giving written not ice specifying the date of termination, such noti ce to be given not less than ninety (90) days prior to the date therein specified. In the event the Grantee desires to cancel th is Agreement after RTD has expended funds for design, but before construction has begun, Grantee shall reimburse the RTD for all des ign funds expended by RTD. In the event the Grantee desi res to cancel this Agree me nt after Project construction during the initial five (5) year period, it may do so upon giving written notice to the RTD, specifying the date of term i nation, such notice to be given not less than ninety (90) days prior to the date therein speci fied. As a con dition precedent to termination after Project construction, the Grantee shall reimburse the RTD for all Grant funds received under this Agreement, pro- rated over said five -year per iod. SECTIO ELEVEN PROHIBITED INTERESTS No officer, member, or employee of the RTD, and no members of its govern ing b ody, and no other public official or employee of the governing body of the loc al ity o r localiti e s included within the Distric t, dur ing his or her tenure or for one year t heraf ter, shall have any interest, direct or indirect, in this Agreement, or the proceeds thereof. ECTIO TWELVE MISCELLANEOU I. Notices . Any notice t o be given hereunder shall bed emed given when sent by register e d or certified mail to the addresses bel ow : RTD Department of Legal Counsel 1600 Blake tre t Denver, Colorado 80202 Grantee: City of Englewood )400 outh Elati treet Englewood, CO 8011 0 2. everabtlity . hould any provision of this agreement b de lared invalid by any cou rt of compe tent 1unsdict1on, the rem ming prov1 i ns hereof hall remain in full for nd effect regard! ss of such d claration. ). Equal I:mployment pportunity. In conn ct1on with th perform n e of th1 Agreem nt, the Grantee shall not dt c nmin te gain t ny employee or pp It cant for employment b au e of race, color, rehgion, x, n t ional origin, ge, manta! status, being h ndicapped, a disadvant ged p rson, or disabled or Viet am era veteran. The Grantee shall take affirm u e ctton to insure th t applicants re employed, and that employees are treated during employm nt without reg rd to their race, color, religion, sex, n t1on I origin, ge, m r1t I t tu , b mg h nd1capp d, di dv ntaged p rson, or d1 bled or Viet m r veter n. h uon hall inc lud e, but not b hm1ted to, the following: employm nt, upgr ding, d motion, o r tran fer; recruitment or recruitment dver - 11 mg; I yoff or t rm1n tton; r t of p y or o th r forms of compens tion; nd I c tion for tr mm , m ludm pprenuce hip. • I • • - • • • • 4. Agreement Binding. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 5. Laws to~-The Project shall be carried out in accordance with the laws of the Sta te of Colorado and all applicable Federal laws & regulations, and all local laws, ordinances and regulations. 6. Amendment. This Agreement may not be amended except in writing by mutual agreement of the parties, nor may rights be waived except by an instru- ment in writing signed by the party charged with such waiver. IN WITNESS WHEREOF, the parties have duly executed this Agreement, effective the day and date first above written. . PPROVED AS TO LEGAL FORM FOR THE RTD By----,---,-,,,----,.--- Legal Counsel ATTEST: By ____________ _ REGIONAL TRANSPORTATION DISTRICT By=---,--=-,-----,-..,,,----,-:-:,--- Executive Director and General Manager GRANTEE: City of Englewood 3400 South Elati Street Englewood, CO 80110 By---------------~ • I • • - V.C.&G . • • • 0 --------------------------,"I S.W. Cor. BroodwoY. a FloY.d -W. Floyd Ave. - rio.o' •j • ---11.9' ----t 8.3' Ill' t V.£LUL.t.~~m-;-& ~ ___ ,,.,. __ IOd~ ~ Ql <,j l SCALE : , ... 101 E IHE RING DEPARTMENT CITY OF ENGLEWOOD, COLORADO RECONSTRUCTION lor R.T. O. Chm ,' ,Ally, 1982 • - • • • . • • • • ESTIMATED COSTS S. W. Corner Broadway & Floyd Remove & replace 26 L.F. VC&G@ $13.50/L.F. Remove & replace 175 L.F. 8 " walk @ $5.20/S.F. Saw concrete -25.7 L.F. @ $2.20/L.F. Remove 66 S.F. Crosspan@ $0.70/S.F. Patch asphalt -3.5 T@ $SO/Ton PJ(/lo 9/22/82 Subtotal + 10\ Contingency Total $ 351. 00 910.00 57.00 46.00 175.00 $1,53 9 .0 0 154.00 $1,693.00 n I • • • • • 0 S.W. COR . DARTMOUTH a CHEROKEE S. CHEROKEE ST. /l,~,ty Lin, ----------.L ----- SCALE : 1•• 10' W z, ENGINEERING DEPARTMENT CtrY OF E:NGLEWOOO, COWRAOO • RECONSTRUCTION for R.T.O. D -Replace Concrete Orawn 8y ' PK Oaf•. $•pt 1982 • ~- • , ' . .. • • • • ESTIMATED COSTS S. W. Corner Dartmouth & Cherokee Remove 46.2 L.F. VC&G@ $2.00/L.F. Replace 43.3 L.F. VC&G@ $11.50/L.F. Remove 241.1 S.F. Walk@ $0.70/S.F. Replace 141. 4 S. F. 8" Walk @ $4 . 50/S. F. Replace 48.0 S.F. 4" Walk @ $2.00/S.F. Remove one catch basin@ $600/Ea. Construct one catch basin@ $1,200.00/Ea. Place 12 L.F. 15" RCP @ $31.00/L.F. Patch asphalt -6 T. @ $50/T. PK/lo 9/22/82 Subtotal + 10\ Contingency Total $ 92.00 498.00 169.00 636.00 96.00 600.00 1,200 .00 372. 00 300.00 $3,963.00 396. 00 $4,359.00 I • • fl __ -- ~ ~ ~ ~ ~ ~ ~ ~ • • - 0 RT D. BUS PAD SCALE: I"= 10·~ ... I ~~~-Broadway -~~-r-----------~-----iooo·----- i------------53.6'----t------+----------_:_:_::_ 65 0~----------~ ,r------------===1 5,0' 74' ad Construct 8 1 X 651 Cone . Bus Pad (SH Pod Oeloll &low) ~ -E1i sling CtJnc. Woll"-- >'--~---zo.d•------1 ENGINEER DEPARTMENT CITY OF ENGLEWOOD RTQ Bus Pod 3100 8/k S. Broadway . ;---------------• • .... . . • • - ESTIMATED COSTS Pad at s. W. Corner Broadway & Dartmouth Remove & Replace 100 L.F. VC&G@ $11.50/L.F. Remove 602 S.F. Asphalt@ $1.00/S.F. Construct 520 S.F . 8" pan/mesh@ $4.50/S.F. Patch asphalt -4 T.@ $50/T. PK./lo /22/82 Subtotal + 10, Contingency Total • $1,1 50 .00 602.00 2 ,34 0.00 200.00 $4,292.00 429.00 $4,721.00 I • • - C I .. • • • RID. BUS PAD E. Side Broadway, N. of Floyd Ave . Remove 8 Replace 18 0 S.F 4 ° Walk So" 19.0 LF Cone:. ' SCALE : 111= 10' -----1~, Exislln9 Glass ~ Shack by RTO. B St · us op Chose ,1:0·-, Construct 8 1 X 651 Cone . Bus Pad ( SH Pad O.fai/ Below) t-------------~o·-------------..l ,_____ ~o·------------- •• · ---'ixTioiK>J --:- Wirt Mesh •• ·• • • E ERING OEl'AIITMENT CITY OF ENGLEWOOD, COLORADO R.rD. BUS PAO 3200 8/k. S. Broadway • - • • • • • ESTIMATED COSTS Pad at N. E. Corner Broadway & Floyd Remove & replace 90 L.F. VC&G@ $11.50/L.F. Remove & replace 18 S.F. Walk@ $2.70/S.F. Saw Concrete -20.5 L.F. @ $2.20/L.F. Remove 602 S.F. Asphalt@ $1.00/S.F. Construct 520 S.F. 8" pan/mesh@ $4.50/S.F. Chase section work -lump sum@ P atch asphalt -4 T.@ $50/T. PX/lo 9/22/82 Subtotal + 10, Contingency Total • $1,035.00 49.0 0 45.00 602.00 2,340.00 500 .00 200.0 0 $4,770.00 477. 00 $5,247.00 • I • • • ORDINANCE NO. SERIES OF 198~2~~~ • • • BY AUTH ORITY A BILL FOR COU NC IL BILL NO. 51 INT RODUC·D BY COUNCIL - MEMBER._,,~'~~~:::!:,~~~- AN ORDIN AN CE AMENDING SUBSECTION (3) OF SUBSECTION (A ) OF SECTION 2, CHAPTER 6, TITLE XIII OF THE '69 ENG LE WOOD MUNICIPAL CODE, AS MENDED, BY CH ANG I NG REFERENCE TO COLORAD O STATE LAW. WH EREAS, The Colorado Revised Statutes have been am ended, and WHEREAS, the re is a reference to the Colorado Revised S t atutes in City Code at 13-6-3(a), NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Subsection (3) of Subsection (a) of Section 2, Chapter 6 , Title XI II of the official code of Englewood is hereby amended to rea d as follows : (3) Share certificates for savings accounts in any state or federally chartered savings and loan association in Colorado; provided, ho wever, that said association is a member of the Federal Sa vings and Loan Insurance Corporation (FSLIC ); and, further, that the full amount of each acc ount is insured by the said FSLIC; and, furth e r, hat the full amount of each acco unt is insu red by the said FSLI C and in any time certificate of deposit or savings account in any state o r national bank in Colo rad o in which ce r tificates of deposit or savings accounts are fully insured by he Federal Oeposi ' Insur nee Corporation or cured by collater 1 curlt1 s authorized by -i--i t Q5• e-Y 4-d 7-, COLORADO LAW, as amended, whose pr v lue ls at leas on hundred perc nt (100) of the d posi h ld by ny b nk in h St te of Colorado in th nam of th City of Englewood . lntroduc d, read in full, and p ssed on first r ading on h ~~~~day o , 1982 • • I • • - • • • • Published as a Bil for an Or dinance on the -----~' 19 82. day of Attest: Eugene L. Otis, May or ex officio City Clerk-Treasu rer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foreg oing is a true, accurate and complete copy of a Bill for an Ordinance, introduced , read in full, and passed on first read ing on the day of , 1982 . ---- Gary R. Higbee • I • • • • - BY AUTHOR ITY ORD INANCE NO . SERI ES OF 1 8-2~-cou ru .,~~ •o. I, TR )DU ~§;D Bi . UNC:.: A BILL FOR MEMBE.~ A ORDIN AN CE AMEND I NG SU BS ECTION ( 3) OF SUBS ECTION (A) OF SECTION 2, CHAPTER , TITL E XII I OF THE '6 9 ENGLE WOO D MUNICI PA L CODE , AS AMENDED , BY CHANG I NG REFEREN CE TO COLO RADO ST A E LAW. WHEREAS , Th e Color a do Rev is e d Statutes ha v e been a me ~de d, and WH EREA S , the re is a r efe ren ce to the Co lorado Revised ~tatutes in City Code a t 13 -6-3 (a), NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT Y OF ENGLEWOOD, COLORAD O, AS FOLLOWS: Sect io n 1. Subsection (3) of Su bse ction (a) of Sec ti on 2 , Chap er 6 , Titl e XIII of the official code of Englewo o d is her eby amended to read as follo ws: /2 ti, I (3) Share c ertificates for savings ac cou n ts i n any state or federally c h arte r ed s a vin sand lo an associat i on in Colo rad o ; pr ovi ded, ho wever , t ha said asso ci a tion is a mem be r of th Fed~r Savings and Loan I nsur anc e Co rpor a ti o n (FSLI :); a nd, furth e r, that the full a mo unt of each a c· unt is in s ur e d by h sa id FSLIC; and , f ur her , ha th e f ull amo unt of each a coun is insured by th~ sai d FSLIC and in any time ce r ifi c ate of d post or s a vi ng s account in any s t or n a ional bank in Colorado i n whic h cer i i a s of deposi o r avings accounts ar fully insured by the Feder l Deposi ' Insurance Corpora ion or ccur d by co 1 er l securiti s authorized by -t--t Q ~ QQ-v •-~ 7 -COLO RADO LAW, mend d , whose par v lue is s one hundr d percent (100 ) o the deposi 1 by ny nk in the St t ot Colorado in th name of th Ci yo Eng le ood. din full, and p ssed on first r adtng on h ~-' l 2 . • I • • • • • ub lished as Bi £2~ , 1 982. fo r an Ordin an ce on the o-U-. cay of A test: Eugene L. otrs;-Mayor ex officio Ci ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treas urer of the City of Englewood, Colorado, hereby ce r tify th at the above and foreg oing is a true , accurate and complete co py of a Bil l for an Ordinance~L int roduc~, read in ful l , and passed on first reading on the "<JJ day of U..~ , 1982 . _,_ __ _ Gary R . Higbee • I • • -• • - PROC:LAMATIOO WHEREAs, United National Day is designated by the UN General Assembly each year to conmemorate the founding of the Organization on October 24, 19 45; and WHEREAs, on this occasion, we join with the peoples of the wor ld in reaffirming our 0011111itment to the principles upon which the UN was founded: internat ional peace and security, respect for human rights, and the promotion of social and economic cooperation among nations; and WHEREAs, lJ.I Day gives us the opportunity to examine our involvement i n the world's problems and their solutions; and WHEREAs, since the UN waa founded 37 years ago, the world has changed dramatically, with the addition of more than 100 nations to th UN's membership; and WHEREAs, it is clear that the power to solve the world's problems no longer lies solely in the,hands of a few nations~ instead , all nations must work together to relieve the suffering of millions, to halt nuclear proliferation , and to promote economic develo?Dent; and WHEREAs, America has made a great contribution to the creation and continuing work of tbe United Nations and, as a part of our foreign po licy , the UN is a channel through which the United States can take product ive action for world peace and prosperity; ~. 'rnEREfoRE, I, ElX.ENE L. orrs, Mayor of th City of Englewood, Colorado , do herljlby proclaim October 24, 1982 as I.IJITED NATIONS Di\Y in the City o Englewood and urg all citizens to part ici pate in progr and activit signed to i ncrease understanding of the problems of the UN and to dev l p id s on ys to make the United Nat ions more effective. ·----------------------------o r • I • • • • • C O U N C I L C O M M U N I C A T I O N DATE October 13, 1982 AGENDA ITEM SUBJECT INITIATED BY Cjty Manager CONCRETE REPLACEMENT PROGRAM 1982 ACTION PROPOSED Award of constrycti on contract for concrete Bep)u;emeot Program 1982 BACKGROUND : Concrete Replacement Program 1982 consists of concrete repairs and new construction at five locations within the City of Englewood . Four of these locations are addressed in the Regional Transportation District's Transit Street Improvement Agreement . These four locations, including descriptions of the work, are as follows : 1) Floyd & Broadway (south west corner)~ curb radius repairs 2) Cherokee & Dartmouth (southwest corner)~ curb radius repairs 3) Broadway & Dartmouth (south west corner)~ concrete repairs an G construction of a concrete bus pad 4) Broadway and Floyd (northeast corner) ~ concrete repairs and construction of a concrete bus pad The fifth location, at the eastbound ramp from Broa ay to U.S. High way 285, has been requested by the Public Works Department. For so ti , it has been diffi- cult for vehicles to nego iate the right turn from Broadway onto this eastbound ramp, and consequently, there has been considerable curb damage, as well as a hazardous situation for any pedestrian wh o might be us i ng t e sidewalk at this location. We would propose to di fy and relocate the handicap ramp on the sou thea st corner and modify the radius and construct a handicap ramp on the northeast corner at this location. FINANCIAL: RTO has COfflfflitted for th ac ual costs to a ximu of $17,500 for i proveaents at their four locations. Th following is br akdown of estimated expenditures and funding : • I • • • • • • -2- ESTIMATED EXPENDITURES AVAILABLE FUNDING Construction per bid $18,597.21 RTD City section $17,319.68 1,277.53 RTD per agreement-----------------------------------------$17,500.00 Maximum City share {available in 1982 Road & Bridge Fund)-------------------------------------1,277.53 REC0"4ENDATION: Three bids were received for construction of Concrete Replacement Program 1982 as follows: E & J Co ncrete Eby Contractor J & N Concr e te $22,863.52 21,425.25 18,597.21 The engineer's estimate was-----------------------17,451.35. We recommend that the construction of Concrete Replacement Program 1982 be awarded to the low bidder, J & N Concrete, int e amount of $18,597.21. J & N Concrete is a small but well-established company in the Engl ewood area. We have had previous experience with them and have always been satisfied with their work. RA /ldo • , I • •