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Home My WebLink About1981-02-17 (Special) Meeting AgendaCity Council Meeting-Special February 17, 1981 ,. • • .. • CITY COUNCIL MEETING February 17, 1981 • • • RESOLUTION # 7../. Y, .Ji' ORDINANCE # 22, >J . 24, ~ ~ 0 • I . . • 0 ( • SPECIAL MEETING : • • .. • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO February 17, 1981 I b The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on February 17, 1981, at 7 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Thomas J. Kelly, Saint Louis Catholic Church, 3310 South Sherman Street. The pledge of allegiance was led by Girl Scout Troop #213. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Wanush City Attorney DeWitt Municipal Court Judge Parkinson Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkins * * * * * * Council Members Bradshaw and Keena noted corrections to the minutes of the special meeting of January 26, 1981 as: 1) Page 3, third paragraph, "inefficient" was misspelled 2) Page 4, third paragraph, insert "way" between "only" and "to" COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JANUARY 26, 1981, AS AMENDED. Council Mem- ber Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • • 0 • February 17, 1981 Page 2 Nays : Non e . • • • The Mayor declared the motion carried. * * * * * * Council Members Keena and Neal noted corrections to the minutes of the regular meeting of February 2, 1981, as : 1) Page 3, last paragraph, add ·~r. Torbett re- sponded that no differences had been noticed." 2) Page 3, fourth paragraph, last line, should read "vote whether he has done a good job." COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 2, 1981, AS AMENDED. Council Mem- ber Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * There were no pre-scheduled visitors. * * * * * * There were no other visitors. * * * * * * COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" AGENDA ITEMS S(A) -S(F). Council Member Bilo seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * • I • • February 17, 1981 Page 3 • • - Assistant City Manager Wanush presented a Council Communication from the Water and Sewer Board meeting of January 13, 1981, concerning Supplement 27 -South Arapahoe Sanitation District. Kr. Wanush stated the Board was re- commending approval. COUNCIL MEMBER BILO MOVED TO APPROVE SUPPLEMENT 27 SOUTH ARAPAHOE SANITATION DISTRICT. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council Communication from the Planning Division of the Department of Community Development re- questing approval to hang a banner across South Broadway concern- ing Channel 6 Auction. COUNCIL MEMBER KEENA MOVED TO APPROVE THE HANGING OF A BANNER ACROSS SOUTH BROADWAY NORTH OF U.S. 285/BROADWAY INTERCHANGE ANNOUNCING THE ANNUAL CHANNEL 6 AUCTION. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a recommendation from the Parks and Recreation Commission meeting of January 24, 1981, con- cerning the preliminary plans for Englewood Municipal Golf Club- house. Discussed ensued concerning this project and alternatives of financing. • I • • • February 17 , 1 98 1 Page 4 • • - COUNCIL MEMBER BRADSHAW MOVED TO TABLE THIS MATTER FOR FURTHER DISCUSSION. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried . * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO BRING FORWARD AGENDA ITEM 8(B). Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Director of Finance Gary Higbee presented a Council Communication concerning the computer selection and requesting permission to enter into contract negotiations with Computer Resource Management Corporation. Mr. Higbee introduced the City's consultant in this matter, Larry Cox of Peat, Marwick, Mitchell & Co. Larry Cox introduced Bruce Kahee also of Peat, Mar- wick, Mitchell & Co. and then gave supporting comments for the City Steering Committee's selection to negotiate with CRMC. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE CONCEPT FOR THE COMPUTER SELECTION AND TO AUTHORIZE STAFF TO ENTER INTO NEGO- TIATIONS WITH CRMC. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * • I • • 0 ( • February 17, 1981 Page 5 ORDINANCE NO. 22 SERIES OF 1981 • • - BY AUTHORITY COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS: CURRENT ARTICLE XV CONCERNING ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT -1972 IS RE- PEALED AND ADOPTED IN PLACE THEREOF IS ENGLEWOOD LABOR RELATIONS AND CAREER SERVICE SYSTEM -1981. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 18, SERIES OF 1981, ON FINAL READING. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 23 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS: TO CLARIFY DUTIES OF MUNICIPAL COURT JUDGE BY REPEALING AND ADOPTING NEW SECTION 70 OF PART II, ARTICLE IX, OF THE HOME RULE CHARTER. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 24, SERIES OF 1981, ON FINAL READING. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. • I . • • February 17, 1981 Page 6 Nay s: None . • • - The Mayor declared the motion carried . ORD I NANCE NO. 2 4 SER IE S OF 1 981 * * * * * * BY AUT HOR ITY COUNCIL BILL NO. 25 I NTRODUCED BY COUNCI L MEMBER KEENA AN ORDINANC E APPRO VI NG AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND STATE OF COLORADO , DEPARTMENT OF NATURAL RESOURCES , (COLORADO WATER CONSERVATION BOARD) TO PREPARE A FEASIBILITY REPORT FOR AL- TERNATIVES TO UNION AV ENUE DIV ERSION AND PUMP STATION. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 25, SERIES OF 1981 , ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 25 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND MISSION VIEJO WATER AND SANITATION DISTRICT GRANTING AN EASE- MENT ACROSS CITY OF ENGLEWOOD REAL PROPERTY LOCATED IN DOUGLAS COUNTY, STATE OF COLORADO. COUNCIL MEMBER NEAL K>VED TO PASS COUNCIL BILL NO. 26 ·, SERIES OF 1981, ON FINAL READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • • ( • February 17, 1981 Page 7 Nays : None. • • • The Mayor declared the motion carried, ORDINANCE NO. 26 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS: TO PROVIDE FOR THE APPOINTMENT OF MUNICIPAL COURT JUDGE AND CREATING A MUNICIPAL COURT NOMINAT- ING COMMISSION BY REPEALING AND ADOPTING NEW SECTION 68 OF PART II, ARTICLE IX, OF THE HOME RULE CHARTER. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 27, SERIES OF 1981, ON FINAL READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE AMENDING TITLE XI, CHAPTER 1, SECTION 2(b), AUTHORIZ- ING THE POLICE CHIEF TO ISSUE CONCEALED WEAPON PERMITS TO OTHER CITY PERSONNEL. Council Member Neal expressed his concerns that Council should have some sort of notification on who gets issued weapons and this was not provided for in the ordinance • • I • • • February 17, 1981 Page 8 • • • COUNCIL ME MB ER NEAL MOVE D TO POST PON E COUNC I L BILL NO. 28, SERI ES OF 1981 , UNTI L TH E NEXT MEE TING. Counc i l Me~ ber Keena seconded the motion . Up on a c all of the roll, the vot e resu lt ed as fol l ows : Ayes : Nays: Counc il Me mb er s Higday , Neal, Fitzpatrick, Keen a , Bi lo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Neal instructed the City Attorney to pre- pare the ordinance to provide for notification to Council of weapons issued to non-police personnel. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING SECTIONS 1 AND 3, CHAPTER 6, TITLE I, OF THE '69 ENGLEWOOD MUNICIPAL CODE RELATING TO THE OPERATION OF THE MU- NICIPAL COURT SYSTEM. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 29, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER BRADSHAW • D I • • 0 • ( • February 17, 1981 Page 9 • • • A BILL FOR AN ORDINANCE ESTABLISHING A SPECIAL FUND OF THE CITY TO BE KNOWN AS THE "HALLEY CENTER TRUST FUND" FOR THE BENEFIT OF THE ENGLEWOOD SENIOR CITIZENS RECREATIONAL CENTER ADDING A NEW SUBSECTION TO TITLE XIII, CHAPTER 5, OF THE '69 ENGLEWOOD MUNICIPAL CODE. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 30, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion. COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MOTION BY CHANGING 13-5-10 (c) ON PAGE 2 AS FOLLOWS: 2) CHANGE "A BUDGET FOR" TO "PERIODIC APPROPRI- ATIONS FROM" 3) CHANGE "BUDGET" TO "APPROPRIATIONS" AND "SOLE" TO "EXCLUSIVE" 7) CHANGE "SOLELY" TO "EXCLUSIVELY" Council Member Higday seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick', Keena, Bradshaw, Otis. Council Member Bilo. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER FITZPATRICK • I • • • February 17, 1981 Page 10 A BILL FO R • • .. AN ORDINANCE AUTHOR IZ ING TH E ISS UAN CE AND SALE OF $320,000 CITY OF ENGLEWOOD, COLORADO , INDUS TRI AL DEV ELOPMENT REVENUE NOTE (THE HEMLOCK COMPANY PROJ ECT), TO FI NAN CE TH E DEVELOPMENT OF A WARE- HOUS E AND OFFICE FAC I LITY AUTHOR IZI NG THE EXECUTION AND DELIVERY BY THE CITY OF A LOAN AGRE EME NT; MAKING DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER HATTERS RELATED TO SAID COMMERCIAL FACILITY ; AND AUTHOR I ZING TH E EXECUTION OF CERTAIN DOCUMENTS RELATING THER ET O. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 31, SERIES OF 1981, ON FIRST READING. Council Me~ ber Keena seconded the mo tion. Upon a call of the roll, the vo te resulted as follows : Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 7 SERIES OF 1981 * * * * * * A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO ~ RELATING TO OBSCENITY. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO.7, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt transmitted a summons and complaint in a matter of American Employers Insurance Company vs. the City of Englewood • • I • • ( • Fe bruary 17 , 198 1 Page 11 • • - COUNCIL MEMBER KEENA MOV ED TO AUTHORIZE THE CITY ATTORNEY TO DEFEND THE CITY IN AMERICAN EMPLOYERS INSURANCE COMPANY CASE. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 8, SERIES OF 1981 * * * * * * A RESOLUTION AUTHORIZING THE DISSEMINATION OF INFORMATION CONCERN- ING CHARTER PROPOSALS FOR MARCH 24, 1981, SPECIAL ELECTION. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 8 ·, SERIES OF 1981. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 9, SERIES OF 1981 * * * * * * A RESOLUTION APPROVING THE APPOINTMENT OF LORETTA B. HUFFINE AS ASSISTANT CITY ATTORNEY. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 9, SERIES OF 1981. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * • ) I • • • Februa ry 1 7 , 1 98 1 Page 12 RESOLUTION NO. 10, SERIES OF 1981 • • - A RESOLUTION APPROVING APPO I NTMENT OF ASSISTANT CITY ATTORNEY SUBSTITUTE PROSECUTORS. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 10, SERIES OF 1981 . Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Ke ena, Bilo, Bradshaw, Otis. Non e . The Mayor declared the motion carried. * * * * * * City Attorney DeWitt stated in the BIT Massage Parlor case, the district court approved the City's motion for dismissal. The 21-day suspension to close the business will be in effect. * * * * * * City Attorney DeWitt stated the Dart Board case was still pending. * * * * * * City Attorney DeWitt stated the Korean Massage Parlor case was still pending. * * * * * * City Manager McCown presented a Council Communication concerning the West Oxford Avenue -Platte River Outlet Structure Improvements. COUNCIL MEMBER BILO MOVED TO APPROVE THE AWARD OF BID FOR THE WEST OXFORD AVENUE -PLATTE RIVER OUTLET STRUCTURE IM- PROVEMENTS TO TOMICHI CONSTRUCTION COMPANY IN THE AMOUNT OF $6,522. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick·, Keena, Bilo, Bradshaw, Otis • • I • • • • I ( • • • • February 17, 1981 Page 13 Nays: None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER KEENA MOVED TO SET A SPECIAL MEETING ON MARCH 9, 1981, AT 7 :30P.M. IN PLACE OF THE REGULAR MEETING MARCH 2, 1981. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows : MEETING. 9:00 p.m • Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE SPECIAL Mayor Otis adjourned the meeting without a vote at f) I • • • J ( • SPECIAL MEETING : • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO February 17, 1981 I b The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on February 17, 1981, at 7 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Thomas J. Kelly, Saint Louis Catholic Church, 3310 South Sherman Street. The pledge of allegiance was led by Girl Scout Troop 1213. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Wanush City Attorney DeWitt Municipal Court Judge Parkinson Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkins * * * * * * Council Members Bradshaw and Keena noted corrections to the minutes of the special meeting of January 26, 1981 as: 1) Page 3, third paragraph, "inefficient" was misspelled 2) Page 4, third paragraph, insert "way" between "only" and "to" COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JANUARY 26, 1981, AS AMENDED. Council Mem- ber Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • • • February 17, 1981 Page 2 Nays: No n e . • • - The May o r de clar e d th e motion c ar ri ed. * * * * * * Council Members Keena and Neal noted corrections to the minutes of the regular meeting of February 2 , 1981, as : 1) Page 3, last paragraph, add ·~r. Torbett re- sponded that no di f ferences had been noticed." 2) Page 3, fourth paragraph, last line, should read "vote whether he has done a good job." COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 2, 1981, AS AMENDED. Council Mem- ber Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There were no pre-scheduled visitors, * * * * * * There were no other visitors. * * * * * * COUNCI L MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" AGENDA ITEMS S(A) -S(F). Council Member Bilo seconded the mot i on. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • ( • February 17, 1981 Page 3 • • • Assistant City Manager Wanush presented a Council Communication from the Water and Sewer Board meeting of January 13, 1981, concerning Supplement 27 -South Arapahoe Sanitation District. Hr. Wanush stated the Board was re- commending approval. COUNCIL MEMBER BILO MOVED TO APPROVE SUPPLEMENT 27 SOUTH ARAPAHOE SANITATION DISTRICT. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council Communication from the Planning Division of the Department of Community Development re- questing approval to hang a banner across South Broadway concern- ing Channel 6 Auction. COUNCIL MEMBER KEENA MOVED TO APPROVE THE HANGING OF A BANNER ACROSS SOUTH BROADWAY NORTH OF U.S. 285/BROADWAY INTERCHANGE ANNOUNCING THE ANNUAL CHANNEL 6 AUCTION. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a recommendation from the Parks and Recreation Commission meeting of January 24, 1981, con- cerning the preliminary plans for Englewood Municipal Golf Club- house. Discussed ensued concerning this project and alternatives of financing. • I • • February 17, 1981 Page 4 • • - COUNCIL MEMBER BRADSHAW MOVED TO TABLE THIS MATTER FOR FURTHER DISCUSSION. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO BRING FORWARD AGENDA ITEM 8(B). Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Director of Finance Gary Higbee presented a Council Communication concerning the computer selection and requesting permission to enter into contract negotiations with Computer Resource Management Corporation. Mr. Higbee introduced the City's consultant in this matter, Larry Cox of Peat, Marwick, Mitchell & Co. Larry Cox introduced Bruce Kahee also of Peat, Mar- wick, Mitchell & Co. and then gave supporting comments for the City Steering Committee's selection to negotiate with CRMC. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE CONCEPT FOR THE COMPUTER SELECTION AND TO AUTHORIZE STAFF TO ENTER INTO NEGO- TIATIONS WITH CRMC. Council Member Silo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays : None. The Mayor declared the motion carried. * * * * * * • I • • ( • Fe bruary 17, 198 1 Page 5 ORDINANCE NO. 22 SERIES OF 1981 • • - BY AUTHOR ITY COUNCIL BILL NO. 18 I NTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS : CURRENT ARTICLE XV CONCERNING ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT -1972 IS RE- PEALED AND ADOPTED IN PLACE THEREOF IS ENGLEWOOD LABOR RELATIONS AND CAREER SERVICE SYSTEM -1981. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 18, SERIES OF 1981, ON FINAL READING. Council Member Keena seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes : Nays: Council Members Higday , Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 23 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMB ER NEAL AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO , AT A SPECIAL ELECTION TO BE HELD ON MARCH 24 , 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS : TO CLARIFY DUTIES OF MUNICIPAL COURT JUDGE BY REPEALING AND ADOPTING NEW SECTION 70 OF PART II, ARTICLE IX, OF THE HOME RULE CHARTER. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 24, SERIES OF 1981, ON FINAL READING. Council Member Keena seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. • I • • • February 17, 1981 Page 6 Nays : None . • • - Th e Ma yor dec lared the motion carried . ORDINANCE NO. 24 SERI ES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND STATE OF COLORADO, DEPARTMENT OF NATURAL RESOURCES, (COLORADO WATER CONSERVATION BOARD) TO PREPARE A FEASIBILITY REPORT FOR AL- TERNATIVES TO UNION AVENUE DIVERSION AND PUMP STATION. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 25, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena , Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 25 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND MISSION VIEJO WATER AND SANITATION DISTRICT GRANTING AN EASE- MENT ACROSS CITY OF ENGLEWOOD REAL PROPERTY LOCATED IN DOUGLAS COUNTY, STATE OF COLORADO. COUNCIL MEMBER NEAL K>VED TO PASS COUNCIL BILL NO. 26 ', SERIES OF 1981 , ON FINAL READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • • ( • February 17, 1981 Page 7 Nays : None. • • • The Mayor declared the motion carried. ORDINANCE NO. 26 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BI LL NO. 27 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS : TO PROVIDE FOR THE APPO INT MENT OF MUNICIPAL COURT JUDGE AND CREATING A MUNI CIPAL COURT NOMINAT- ING COMMISSION BY REPEALING AND ADOPTING NEW SECTION 68 OF PART II, ARTICLE IX, OF THE HOME RULE CHARTER. COUNCIL MEMBER NEAL K>VED TO PASS COUNCIL BILL NO. 27, SERIES OF 1981, ON FINAL READING. Council Memb er Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE AMENDING TITLE XI, CHAPTER 1, SECTION 2(b), AUTHORIZ- ING THE POLICE CHIEF TO ISSUE CONCEALED WEAPON PERMITS TO OTHER CITY PERSONNEL. Council Member Neal expressed his concerns that Council should have some sort of notification on who gets issued weapons and this was not provided for in the ordinance • • I • • ., • • February 17, 1981 Page 8 • • • COUNCIL MEMBER NEAL MOVED TO POSTPONE COUNCIL BILL NO. 28, SERIES OF 1981, UNTIL THE NEXT MEETING. Council Mem- ber Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Neal instructed the City Attorney to pre- pare the ordinance to provide f or notification to Council of weapons issued to non-police personnel. ORDINANCE NO. SERIES OF 1981---- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING SECTIONS lAND 3, CHAPTER 6, TITLE I, OF THE '69 ENGLEWOOD MUNICIPAL CODE RELATING TO THE OPERATION OF THE MU- NICIPAL COURT SYSTEM. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 29, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981--- * * * * * * BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER BRADSHAW • I • • • • ( • February 17, 1981 Page 9 A BILL FOR • • - AN ORDINANCE ESTABLISHING A SPECIAL FUND OF THE CITY TO BE KNOWN AS THE ''HALLEY CENTER TRUST FUND" FOR THE BENEFIT OF THE ENGLEWOD SENIOR CITIZENS RECREATIONAL CENTER ADDING A NEW SUBSECTION TO TITLE XIII, CHAPTER 5, OF THE '69 ENGLEWOD MUNICIPAL CODE. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 30, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion. COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MOTION BY CHANGING 13-5-10 (c) ON PAGE 2 AS FOLLOWS: 2) CHANGE "A BUDGET FOR" TO "PERIODIC APPROPRI- ATIONS FROM" 3) CHANGE "BUDGET" TO "APPROPRIATIONS" AND "SOLE" TO "EXCLUSIVE" 7) CHANGE "SOLELY" TO "EXCLUSIVELY" Council Member Higday seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo-tion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis • Council Member Bilo. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER FITZPATRICK • I • • • February 17, 1981 Page 10 A BILL FOR • • - AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $320,000 CITY OF ENGLEWOOD, COLORADO, INDUSTRIAL DEVELOPMENT REVENUE NOTE (THE HEMLOCK COMPANY PROJECT), TO FINANCE THE DEVELOPMENT OF A WARE- HOUSE AND OFFICE FACILITY AUTHOR IZING THE EXECUTION AND DELIVERY BY THE CITY OF A LOAN AGREEMENT ; MAKING DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER HATTERS RELATED TO SAID COMMERCIAL FACILITY; AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS RELATING THERETO. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 31, SERIES OF 1981, ON FIRST READING. Council Mem- ber Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 7 SERIES OF 1981 * * * * * * A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO •, RELATING TO OBSCENITY. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 7, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt transmitted a summons and complaint in a matter of American Employers Insurance Company vs. the City of Englewood • • I • • ( • February 17, 1981 Page 11 • • - COUNCIL MEMBER KEENA MOVED TO AUTHORIZE THE CITY ATTORNEY TO DEFEND THE CITY IN AMERICAN EMPLOYERS INSURANCE COMPANY CASE. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 8, SERIES OF 1981 * * * * * * A RESOLUTION AUTHORIZING THE DISSEMINATION OF INFORMATION CONCERN- ING CHARTER PROPOSALS FOR MARCH 24 , 1981, SPECIAL ELECTION. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 8, SERIES OF 1981. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Memb er s Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 9, SERIES OF 1981 * * * * * * A RESOLUTION APPROVING THE APPOINTMENT OF LORETTA B. HUFFINE AS ASSISTANT CITY ATTORNEY. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 9, SERIES OF 1981. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * • I • • February 17, 1981 Page 12 RESOLUTION NO . 10, SERIES OF 1981 • • - A RESOLUTION APPROVING APPOINTMEN T OF ASSISTANT CITY ATTORNEY SUBSTITUTE PROSECUTORS . COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 10, SERIES OF 1981. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Ke ena, Bile, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt stated in the BIT Massage Parlor case, the district court approved the City's motion for dismissal. The 21-day suspension to close the business will be in effect. * * * * * * City Attorney DeWitt stated the Dart Board case was still pending. * * * * * * City Attorney DeWitt stated the Korean Massage Parlor case was still pending. * * * * * * City Manager McCown presented a Council Communication concerning the West Oxford Avenue -Platte River Outlet Structure Improvements. COUNCIL MEMBER BILO MOVED TO APPROVE THE AWARD OF BID FOR THE WEST OXFORD AVENUE -PLATTE RIVER OUTLET STRUCTURE IM- PROVEMENTS TO TOMICH! CONSTRUCTION COMPANY IN THE AMOUNT OF $6,522. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • • 0 • • • • • February 17, 1981 Page 13 Nays : None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER KEENA MOVED TO SET A SPECIAL MEETING ON MARCH 9, 1981, AT 7:30 P.M. IN PLACE OF THE REGULAR MEETING MARCH 2, 1981. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: MEETING. 9:00 p.m. Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE SPECIAL Mayor Otis adjourned the meeting without a vote at • I • • • SPECIAL MEETING : • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COL ORADO February 17, 19 81 I b The City Coun cil of the City of Englewood, Arapahoe County, Colorado, met in special session on February 17, 1981, at 7 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocat i on was given by Reverend Thomas J. Kelly, Saint Louis Catholic Church, 3310 South Sherman Street. The pledge of allegiance was led by Girl Scout Troop 1213. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Wanush City Attorney DeWitt Municipal Court Judge Parkinson Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkins * * * * * * Council Members Bradshaw and Keena noted corrections to the minutes of the special meeting of January 26, 1981 as: 1) Page 3, third paragraph, "inefficient" was misspelled 2) Page 4 , third paragraph, insert "way" between "only" and "to" COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JANUARY 26, 1981, AS AMENDED. Council Mem- ber Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • 0 I • • • February 17, 1981 Page 2 Nays : None. • • • The Mayor declared the motion carried. * * * * * * Council Members Keena and Neal noted corrections to the minutes of the regular meeting of February 2, 1981, as : 1) Page 3, last paragraph, add ·~r. Torbett re- sponded that no differences had been noticed." 2) Page 3, fourth paragraph, last line, should read "vote whether he has done a good job." COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 2, 1981, AS AMENDED. Council Mem- ber Keena seconded the motion . Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There were no pre-scheduled visitors. * * * * * * There were no other visitors. * * * * * * COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" AGENDA ITEMS S(A) -S(F). Council Member Bilo seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • ' • February 17, 1981 Page 3 • • - Assistant City Manager Wanush presented a Council Communication from the Water and Sewer Board meeting of January 13, 1981, concerning Supplement 27 -South Arapahoe Sanitation District. Mr. Wanush stated the Board was re- commending approval. COUNCIL MEMBER BILO K>VED TO APPROVE SUPPLEMENT 2 7 SOUTH ARAPAHOE SANITATION DISTRICT. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council Communication from the Planning Division of the Department of Community Development re- questing approval to hang a banner across South Broadway concern- ing Channel 6 Auction. COUNCIL MEMBER KEENA MOVED TO APPROVE THE HANGING OF A BANNER ACROSS SOUTH BROADWAY NORTH OF U.S. 285/BROADWAY INTERCHANGE ANNOUNCING THE ANNUAL CHANNEL 6 AUCTION. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a recommendation from the Parks and Recreation Commission meeting of January 24, 1981, con- cerning the preliminary plans for Englewood Municipal Golf Club- house. Discussed ensued concerning this project and alternatives of financing. • 0 I • • t • February 17, 1981 Page 4 • • • COUNCIL MEMBER BRADSHAW MOVED TO TABLE THIS MATTER FOR FURTHER DISCUSSION. Council Member Higday seconded the motion . Upon a call of the rol l, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Ke ena, Bilo, Bradshaw, Otis. Non e . The Mayor declared the motion carried . * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO BRING FORWARD AGENDA ITEM 8(B). Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Counc il Members Higday, Neal, Fitzpatrick, Keena , Bilo , Bradshaw, Otis. None. The Mayor declared the motion carried. Director of Finance Gary Higbee presented a Council Communication concerning the computer selection and requesting permission to enter into contract negotiations with Computer Resource Management Corporation. Mr. Higbee introduced the City's consultant in this matter, Larry Cox of Peat, Marwick, Mitchell & Co. Larry Cox introduced Bruce Kahee also of Peat, Mar- wick, Mitchell & Co. and then gave supporting comments for the City Steering Committee's selection to negotiate with CRMC. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE CONCEPT FOR THE COMPUTER SELECTION AND TO AUTHORIZE STAFF TO ENTER INTO NEGO- TIATIONS WITH CRMC. Council Member Bilo seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • , I • • ( • Feb r uary 17, 198 1 P age 5 ORDINANCE NO. 22 SERIES OF 1981 • • - BY AUTHORITY COUNCIL BIL L NO. 18 I NTRODUCED BY COUNCIL MEMB ER BRADSHAW AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS : CURRENT ARTI CLE XV CONCERNING ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT -1972 IS RE- PEALED AND ADOPTED IN PLACE THEREOF IS ENGLEWOOD LABOR RELATIONS AND CAREER SERVICE SYSTEM -1981. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 18, SERIES OF 1981, ON FINAL READING. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Council Members Higday, Neal , Fitzpatrick, Keena, Bilo, Bradshaw , Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 23 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24 , 1981 , PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS : TO CLARIFY DUTIES OF MUNICIPAL COURT JUDGE BY REPEALING AND ADOPTING NEW SECTION 70 OF PART II, ARTICLE IX , OF THE HOME RULE CHARTER. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 24, SERIES OF 1981, ON FINAL READING. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday , Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis . • ) I • • • F bruary 17, 19 8 1 Pa 6 Nays : None . • • - The Mayor declared the motion carried . ORDINANCE NO. 24 SERIES OF 1981 * * * * * * BY AUTHOR ITY COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND STATE OF COLORADO, DEPARTMENT OF NATURAL RESOURCES, (COLORADO WATER CONSERVATION BOARD) TO PREPARE A FEASIBILITY REPORT FOR AL- TERNATIVES TO UNION AVENUE DIVERSION AND PUMP STATION. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 25, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 25 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND MISSION VIEJO WATER AND SANITATION DISTRICT GRANTING AN EASE- MENT ACROSS CITY OF ENGLEWOOD REAL PROPERTY LOCATED IN DOUGLAS COUNTY, STATE OF COLORADO. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 26, SERIES OF 1981, ON FINAL READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • 0 I . • ( • Febr uary 17, 198 1 P a ge 7 Nays : None. • • - The Mayor declared the motion carr i ed. ORDINANCE NO. 26 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS : TO PROVIDE FOR THE APPOINTMENT OF MUNICIPAL COURT JUDGE AND CREATING A MUNICIPAL COURT NOMINAT- ING COHHISSION BY REPEALING AND ADOPTING NEW SECTION 68 OF PART II, ARTICLE IX, OF THE HOME RULE CHARTER. COUNCIL MEMBER NEAL K>VED TO PASS COUNCIL BILL NO. 2 7, SERIES OF 1981, ON FINAL READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BI LL FOR COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMB ER ------ AN ORDINANCE AMENDING TITLE XI , CHAPTER 1, SECTION 2(b), AUTHORIZ- ING THE POLICE CHIEF TO ISSUE CONCEALED WEAPON PERMITS TO OTHER CITY PERSONNEL. Council Member Neal expressed his concerns that Council should have some sort of notification on who gets issued weapons and this was not provided for in the ordinance • • I • • • February 17, 1981 Page 8 • • - COUNCIL MEMBER NEAL MOVED TO POSTPONE COUNCIL BILL NO. 28, SERIES OF 1981, UNTIL THE NEXT MEETING. Council Mem- ber Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the mot i on carried. Council Member Neal instructed the City Attorney to pre- pare the ordinance to provide for notification to Council of weapons issued to non-pol i ce personnel. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING SECTIONS 1 AND 3, CHAPTER 6, TITLE I, OF THE '69 ENGLEWOOD MUNICIPAL CODE RELATING TO THE OPERATION OF THE MU- NICIPAL COURT SYSTEM. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 29, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER BRADSHAW • I • • • February 17, 198 1 Page 9 A BILL FOR • • • AN ORDINANCE ESTABLISHING A SPECIAL FUND OF THE CITY TO BE KNOWN AS THE ''HALLEY CENTER TRUST FUND" FOR THE BENEFIT OF THE ENGLEWOOD SENIOR CITIZENS RECREATIONAL CENTER ADDING A NEW SUBSECTION TO TITLE XIII, CHAPTER 5, OF THE '69 ENGLEWOOD MUNICIPAL CODE. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 30, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion. COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MOTION BY CHANGING 13-5-10 (c) ON PAGE 2 AS FOLLOWS: 2) CHANGE "A BUDGET FOR" TO "PERIODIC APPROPRI- ATIONS FROM" 3) CHANGE "BUDGET" TO "APPROPRIATIONS" AND "SOLE" TO "EXCLUSIVE" 1) CHANGE "SOLELY" TO "EXCLUSIVELY" Council Member Higday seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. Council Member Bilo. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER FITZPATRICK • 0 I • • • February 17, 1981 Page 10 A BILL FOR • • .. AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $320,000 CITY OF ENGLEWOOD, COLORADO, INDUSTRIAL DEVELOPMENT REVENUE NOTE (THE HEMLOCK COMPANY PROJ ECT), TO FINANCE THE DEVELOPMENT OF A WARE- HOUSE AND OFFICE FACILITY AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A LOAN AGREEMENT; MAKING DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO SAID COMMERCIAL FACILITY; AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS RELATING THERETO. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 31, SERIES OF 1981, ON FIRST READING. Council Mem- ber Keena seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 7 SERIES OF 1981 * * * * * * A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO~ RELATING TO OBSCENITY. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO.7, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt transmitted a summons and complaint in a matter of American Employers Insurance Company vs. the City of Englewood. • 0 I • • ' j ( • Febr u ary 17 , 198 1 Page 11 • • • COUNCIL MEMBER KEENA MOV ED TO AUTHORIZE THE CITY ATTORNEY TO DEFEND THE CITY IN AMERICAN EMPLOYERS INSURANCE COMPANY CASE. Council Member Bilo seconded the mo t ion. Upon a cal l of the roll, the vote resulted as follows : Ayes : Nays: Council Members Higday, Neal, Fi tzpatr i ck, Keena, Bilo , Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 8, SERIES OF 1981 * * * * * * A RESOLUTION AUTHORIZING THE DISSEMINATION OF INFORMATION CONCERN- ING CHARTER PROPOSALS FOR MARCH 24, 1981, SPECIAL ELECTION. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 8, SERIES OF 1981. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal , Fitzpatrick, Keena, Bilo , Bradshaw , Otis. None. The Mayor declared the motion carried. RESOLUTION NO.9, SERIES OF 1981 * * * * * * A RESOLUTION APPROVING THE APPOINTMENT OF LORETTA B. HUFFINE AS ASSISTANT CITY ATTORNEY. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO.9, SERIES OF 1981. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena , Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • 0 I • • • • February 17, 1981 Page 12 RESOLUTIO N NO. 10, SERI ES OF 1981 • • .. A RESOLUTION APPROVING APPOINTMENT OF ASSISTANT CITY ATTORN EY SUBSTITUTE PROSECUTORS . COUNCIL MEMBER BI LO MOV ED TO PASS RESOLUTION NO. 10, SE RIES OF 19 8 1 . Council Me mber Neal seconded the motion. Upon a call of the roll, the vot resulted as follows : Ay es : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo , Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City At torney DeWitt stated in the BIT Massage Parlor case, the district court ap proved the City's motion for dismissal. The 21 -day suspension to close the business will be in effect. * * * * * * City Attorney DeWitt stated the Dart Board case was still pending. * * * * * * City Attorney DeWitt stated the Korean Massage Parlor case was still pending. * * * * * * City Manager McCown presented a Council Communication concerning the West Oxford Avenue -Platte River Outlet Structure Improvements. COUNCIL MEMBER BILO MOVED TO APPROVE THE AWARD OF BID FOR THE WEST OXFORD AVENUE -PLATTE RIVER OUTLET STRUCTURE IM- PROVEMENTS TO TOMICH! CONSTRUCTION COMPANY IN THE AMOUNT OF $6,522. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. • 0 I • • ( ( • • • - February 17, 1981 Page 13 Nays: None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER KEENA MOVED TO SET A SPECIAL MEETING ON MARCH 9, 1981, AT 7:30P.M. IN PLACE OF THE REGULAR MEETING MARCH 2, 1981. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: MEETING. 9:00 p.m. Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE SPECIAL Mayor Otis adjourned the meeting without a vote at • I • • ( • SPECIAL MEETING: • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO February 17, 19 81 I b The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on February 17, 1981, at 7 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Thomas J. Kelly, Saint Louis Catholic Church, 3310 South Sherman Street. The pledge of allegiance was led by Girl Scout Troop #213. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick , Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Wanush City Attorney DeWitt Municipal Court Judge Parkinson Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkins * * * * * * Council Members Bradshaw and Keena noted corrections to the minutes of the special meeting of January 26, 1981 as: 1) Page 3, third paragraph, "inefficient" was misspelled 2) Page 4, third paragraph, insert "way" between "only" and "to" COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JANUARY 26, 1981, AS AMENDED. Council Mem- ber Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • • • February 17, 1981 Page 2 Nays : None. • • - The Mayor declared the motion carried . * * * * * * Council Members Keena and Neal noted corrections to the minutes of the regular meeting of February 2, 1981, as : 1) Page 3, last paragraph, add ·~r. Torbett re- sponded that no di ff erences had been noticed." 2) Page 3, fourth paragraph, last line, should read "vote whether he has done a good job." COUNC IL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 2, 1981, AS AMENDED. Council Mem- ber Keena seconded the motion. Upon a call of the roll , the vote resulted as foll ows : Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * There were no pre-scheduled visitors. * * * * * * There were no other visitors. * * * * * * COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" AGENDA ITEMS 5 (A) -5 (F). Council Member Bilo seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * • I • • ( • February 17 , 1981 Page 3 • • • Assistant City Manager Wanush presented a Council Communication from the Water and Sewer Board meeting of January 13, 1981, concerning Supplement 27 -South Arapahoe Sanitation District. Hr. Wanush stated the Board was re- commending approval. COUNCIL MEMBER BILO MOVED TO APPROVE SUPPLEMENT 27 SOUTH ARAPAHOE SANITATION DISTRICT. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None, The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council Communication from the Planning Division of the Department of Community Development re- questing approval to hang a banner across South Broadway concern-ing Channel 6 Auction. COUNCIL MEMBER KEENA MOVED TO APPROVE THE HANGING OF A BANNER ACROSS SOUTH BROADWAY NORTH OF U.S. 285/BROADWAY INTERCHANGE ANNOUNCING THE ANNUAL CHANNEL 6 AUCTION. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a recommendation from the Parks and Recreation Commission meeting of January 24, 1981, con- cerning the preliminary plans for Englewood Municipal Golf Club-house. Discussed ensued concerning this project and alternatives of financing. • 0 I • • • February 17, 1981 Page 4 • • - COUNCIL MEMBER BRADSHAW MOVED TO TABLE THIS MATTER FOR FURTHER DISCUSSION. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Memb ers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO BRING FORWARD AGENDA ITEM S(B). Council Member Neal seconded the motion. Upon a call of the rol l, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Director of Finance Gary Higbee presented a Council Communication concerning the computer selection and requesting permission to enter into contract negotiations with Computer Resource Management Corporation. Mr. Higbee introduced the City's consultant in this matter, Larry Cox of Peat, Harwick, Mitchell & Co. Larry Cox introduced Bruce Kahee also of Peat, Mar- wick, Mitchell & Co. and then gave supporting comments for the City Steering Committee's selection to negotiate with CRMC. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE CONCEPT FOR THE COMPUTER SELECTION AND TO AUTHORIZE STAFF TO ENTER INTO NEGO- TIATIONS WITH CRMC. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • / I ( • February 17 , 198 1 Page 5 ORDINANCE NO. 22 SERIES OF 1981 • • - BY AUTHORITY COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS : CURRENT ARTICLE XV CONCERNING ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT -1972 IS RE- PEALED AND ADOPTED IN PLACE THEREOF IS ENGLEWOOD LABOR RELATIONS AND CAREER SERVICE SYSTEM -1981. COUNCIL MEMBER BRADSHAW MOVED TO NO. 18, SERIES OF 1981, ON FINAL READING. Keena seconded the motion. Upon a call of resulted as follows: PASS COUNCIL BILL Council Member the roll, the vote Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 23 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS : TO CLARIFY DUTIES OF MUNICIPAL COURT JUDGE BY REPEALING AND ADOPTING NEW SECTION 70 OF PART II, ARTICLE IX, OF THE HOME RULE CHARTER. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 24, SERIES OF 1981, ON FINAL READING. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. • 0 I • • • February 17, 19 81 Page 6 Nays : None . • • - Th e Ma y or de c l a r e d t h e motion carr ied. ORDINANCE NO. 24 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND STATE OF COLORADO, DEPARTMENT OF NATURAL RESOURCES, (COLORADO WATER CONSERVATION BOARD) TO PREPARE A FEASIBILITY REPORT FOR AL- TERNATIVES TO UNION AVENUE DIVERSION AND PUMP STATION. COUNCI L MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 2 5 ', SERIES OF 198 1 , ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Ke e na, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 25 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND MISSION VIEJO WATER AND SANITATION DISTRICT GRANTING AN EASE- MENT ACROSS CITY OF ENGLEWOOD REAL PROPERTY LOCATED IN DOUGLAS COUNTY, STATE OF COLORADO. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 26, SERIES OF 1981, ON FINAL READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • • 0 • ( February 17 , 19 8 1 Page 7 Nays : None. • • - The Mayor declared the mo t ion carried. ORDINANCE NO. 26 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS : TO PROVIDE FOR THE APPOINTMENT OF MUNICIPAL COURT JUDGE AND CREATING A MUNICIPAL COURT NOMINAT- ING COMMISSION BY REPEALING AND ADOPTING NEW SECTION 68 OF PART II, ARTICLE IX, OF THE HOME RULE CHARTER. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 27, SERIES OF 1981, ON FINAL READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE AMENDING TITLE XI, CHAPTER l, SECTION 2(b), AUTHORIZ- ING THE POLICE CHIEF TO ISSUE CONCEALED WEAPON PERMITS TO OTHER CITY PERSONNEL. Council Member Neal expressed his concerns that Council should have some sort of notification on who gets issued weapons and this was not provided for in the ordinance. I . • 0 • I • February 17, 1981 Page 8 • • • COUNCIL MEMBER NEAL MOVED TO POSTPONE COUN CIL BILL NO. 2 8 , SERIES OF 19 81, UNTIL THE NEXT MEETI NG. Counc il Me m- ber Keena second e d t he motion. Upo n a call of the roll , the vote resulted as follows : Aye s : Nays : Council Members Higday , Neal, Fi tzpat ri ck, Ke ena, Bilo, Bradshaw, Otis. Non e . The Mayor declared t h e mo tion c a r r ied. Council Member Neal instruc t ed the City Attorney to pre- pare the ordinance to provide fo r noti f ication to Council of weapons issued to non-police personnel. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING SECTIONS 1 AND 3, CHAPTER 6, TITLE I, OF THE '69 ENGLEWOOD MUNICIPAL CODE RELATING TO THE OPERATION OF THE MU- NICIPAL COURT SYSTEM. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 29, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday , Neal, Fitzpatrick, Keena , Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER BRADSHAW • D I • • ( • February 17, 1981 Page 9 A BILL FOR • • • AN ORDINANCE ESTABLISHING A SPECIAL FUND OF THE CITY TO BE KNOWN AS THE ''HALLEY CENTER TRUST FUND" FOR THE BENEFIT OF THE ENGLE\«)()D SENIOR CITIZENS RECREATIONAL CENTER ADDING A NEW SUBSECTION TO TITLE XIII, CHAPTER 5, OF THE '69 ENGLEWOOD MUNICIPAL CODE. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 30, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion. COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MOTION BY CHANGING 13-5-10 (c) ON PAGE 2 AS FOLLOWS: 2) CHANGE "A BUDGET FOR" TO "PERIODIC APPROPRI- ATIONS FROM" 3) CHANGE "BUDGET" TO "APPROPRIATIONS" AND "SOLE" TO "EXCLUSIVE" 7) CHANGE "SOLELY" TO "EXCLUSIVELY" Council Kember Higday seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo-tion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. Council Member Bilo. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER FITZPATRICK • I • • • February 17 , 19 81 Page 10 A BI LL FOR • • - AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $320,000 CITY OF ENGLEWOOD, COLORADO, INDUSTRIAL DEVELOPMENT REVENUE NOTE (THE HEMLOCK COMPANY PROJECT), TO FINANCE THE DEVELOPMENT OF A WARE- HOUSE AND OFFICE FACILITY AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A LOAN AGREEMENT; MAKING DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER HATTERS RELATED TO SAID COMMERCIAL FACILITY; AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS RELATING THERETO. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 31, SERIES OF 1981, ON FIRST READING. Council Me~ ber Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 7 SERIES OF 1981 * * * * * * A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO •, RELATING TO OBSCENITY. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO.7, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt transmitted a summons and complaint in a matter of American Employers Insurance Company vs. the City of Englewood • • D I • • ( • February 17, 1981 Page 11 • • - COUN CIL MEMB ER KE ENA MO VE D TO AUTHOR IZE TH E CI TY ATTORN EY TO DEFEND THE CITY I N AMER ICAN EMPLOYERS INSURANCE COMPANY CASE. Council Member Bi lo seconded the motion. Upon a cal l of the roll , the vot e result e d as fol lows : Ayes : Nays : Council Members Higday, Nea l , Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 8, SERIES OF 1981 * * * * * * A RESOLUTION AUTHORIZING THE DISSEMINATION OF INFORMATION CONCERN- ING CHARTER PROPOSALS FOR MARCH 24, 1981 , SPECIAL ELECTION. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 8, SERIES OF 1981. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 9, SERIES OF 1981 * * * * * * A RESOLUTION APPROVING THE APPOINTMENT OF LORETTA B. HUFFINE AS ASSISTANT CITY ATTORNEY. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 9, SERIES OF 1981. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * • 0 I • • • February 17, 1981 Page 12 RESOLUTION NO. 10, SERI ES OF 1981 • • .. A RESOLUTION APPRO VING APPOINTMENT OF ASSISTANT CITY ATTORNEY SUBSTITUTE PROSECUTORS. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 10, SERIES OF 1981. Council Memb e r Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Counci l Members Higday, Neal, Fitzpatrick, Keen a, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt stated in the BIT Massage Parlor case, the district court approved the City's motion for dismissal. The 21-day suspension to close the business will be in effect. * * * * * * City Attorney DeWitt stated the Dart Board case was still pending. * * * * * * City Attorney DeWitt stated the Korean Massage Parlor case was still pending. * * * * * * City Manager McCown presented a Council Communication concerning the West Oxford Avenue -Platte River Outlet Structure Improvements. COUNCIL MEMBER BILO MOVED TO APPROVE THE AWARD OF BID FOR THE WEST OXFORD AVENUE -PLATTE RIVER OUTLET STRUCTURE IM- PROVEMENTS TO TOMICH! CONSTRUCTION COMPANY IN THE AMOUNT OF $6,522. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • • • • • ,. • February 17, 1981 Page 13 Nays: None. The Mayor declared the motion carried, * * * * * * COUNCIL MEMBER KEENA MOVED TO SET A SPECIAL MEETING ON MARCH 9, 1981, AT 7:30P.M. IN PLACE OF THE REGULAR MEETING MARCH 2, 1981. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: MEETING. 9:00 p.m. Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE SPECIAL Mayor Otis adjourned the meeting without a vote at • 0 I • • ( • SPECIAL MEETING : • • • COUNCIL CHAMBERS CITY OF ENGLE OD, COLO RADO February 17, 1981 I b The City Council of t he City o f Eng l ewood, Arapahoe County, Colorad o, met in special session on February 17 , 198 1 , at 7 :3 0 p.m. Mayor Ot i s, presiding, called the meeting to order. The invocation was given by Reverend Thomas J. Kelly, Saint Louis Catholic Church, 3310 South Sherman Street. The pledge of allegiance was led by Girl Scout Troop 1213. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitz patrick, Keena, Bilo, Bradshaw, Otis. Absent : None. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Wanush Ci ty Attorney DeWitt Municipal Court Judge Parkinson Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkins * * * * * * Council Members Bradshaw and Keena noted corrections to the minutes of the special meeting of January 26, 1981 as: 1) Page 3, third paragraph, "inefficient" was misspelled 2) Page 4, third paragraph, insert "way" between "only" and "to" COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JANUARY 26, 1981, AS AMENDED. Council Mem- ber Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • • • February 17, 1981 Page 2 Nays : None. • • • The Mayor declared the motion carried . * * * * * * Council Members Keena and Neal noted correc tions to the minutes of the regular meeting of February 2, 1981, as : 1) Page 3, last paragraph, add ·~r. Torbett re- sponded that no differences had been noticed." 2) Page 3, fourth paragraph, last line, should read "vote whether he has done a good job." COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 2, 1981, AS AMENDED. Council Mem- ber Keena seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There were no pre-scheduled visitors. * * * * * * There were no other visitors. * * * * * * COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" AGENDA ITEMS 5 (A) -5 (F). Council Member Bilo seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays: Council Member s Hi gday , Neal, Fitzpatrick, Keena, Bilo, Brad shaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • I ( • February 17, 1981 Page 3 • • - Assistant City Manager Wanush presented a Council Communication from the Water and Sewer Board meeting of January 13, 1981, concerning Supplement 27 -South Arapahoe Sanitation District. Mr. Wanush stated the Board was re- commending approval. COUNCIL MEMBER BILO KlVED TO APPROVE SUPPLEMENT 27 SOUTH ARAPAHOE SANITATION DISTRICT. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council Communication from the Planning Division of the Department of Community Development re- questing approval to hang a banner across South Broadway concern- ing Channel 6 Auction. COUNCIL MEMBER KEENA MOVED TO APPROVE THE HANGING OF A BANNER ACROSS SOUTH BROADWAY NORTH OF U.S. 285/BROADWAY INTERCHANGE ANNOUNCING THE ANNUAL CHANNEL 6 AUCTION. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a recommendation from the Parks and Recreation Commission meeting of January 24, 1981, con- cerning the preliminary plans for Englewood Municipal Golf Club- house. Discussed ensued concerning this project and alternatives of financing. • I • • • February 17, 1981 Page 4 • • • COUNCIL MEMBER BRADSHAW MOVED TO TABLE THIS MATTER FOR FURTHER DISCUSSION. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO BRING FORWARD AGENDA ITEM 8(B). Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follow s : Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Director of Finance Gary Higbee presented a Council Communication concerning the computer selection and requesting permission to enter into contract negotiations with Computer Resource Management Corporation. Mr. Higbee introduced the City's consultant in this matter, Larry Cox of Peat, Harwick, Mitchell & Co. Larry Cox introduced Bruce Kahee also of Peat, Mar- wick, Mitchell & Co. and then gave supporting comments for the City Steering Committee's selection to negotiate with CRMC. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE CONCEPT FOR THE COMPUTER SELE<Jl'ION AND TO AUTHORIZE STAFF TO ENTER INTO NEGO- TIATIONS WITH CRMC. Council Member Bi lo seconded the motion. Upon a call of the roll, the vote resul ted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw , Otis. Nays : None. The Mayor declared t he motion carried. * * * * * * • I • • ( • February 17, 1981 Page 5 ORDINANC E NO. 22 SERIES OF 19 81 • • - BY AUTHORITY COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981 , PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS : CURRENT ARTICLE XV CONCERNING ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT -1972 IS RE- PEALED AND ADOPTED IN PLACE THEREOF IS ENGLEWOOD LABOR RELATIONS AND CAREER SERVICE SYSTEM -1981. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 18, SERIES OF 1981, ON FINAL READING. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 23 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS: TO CLARIFY DUTIES OF MUNICIPAL COURT JUDGE BY REPEALING AND ADOPTING NEW SECTION 70 OF PART II, ARTICLE IX, OF THE HOME RULE CHARTER. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 24, SERIES OF 1981, ON FINAL READING. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. • I . • • February 17, 1981 Page 6 Nays : None. • • • The Mayor declared the motion carried. ORDINANCE NO. 24 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND STATE OF COLORADO, DEPARTMENT OF NATURAL RESOURCES, (COLORADO WATER CONSERVATION BOARD) TO PREPARE A FEASIBILITY REPORT FOR AL- TERNATIVES TO UNION AVENUE DIVERSION AND PUMP STATION. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 25 1, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 25 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND MIS SIO N VIEJO WATER AND SANITATION DISTRICT GRANTING AN EASE- MENT ACROSS CITY OF ENGLEWOOD REAL PROPERTY LOCATED IN DOUGLAS CO UNTY, STATE OF COLORADO. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 26, SERIES OF 19 8 1, ON FINAL READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • 1'\ I . • ( • February 17, 1981 Page 7 Nays: None. • • - The Mayor declared the motion carried. ORDINANCE NO. 26 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS: TO PROVIDE FOR THE APPOINTMENT OF MUNICIPAL COURT JUDGE AND CREATING A MUNICIPAL COURT NOMINAT- ING COMMISSION BY REPEALING AND ADOPTING NEW SECTION 68 OF PART II ', ARTICLE IX, OF THE HOME RULE CHARTER. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 27, SERIES OF 1981, ON FINAL READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE AMENDING TITLE XI, CHAPTER 1, SECTION 2(b), AUTHORIZ- ING THE POLICE CHIEF TO ISSUE CONCEALED WEAPON PERMITS TO OTHER CITY PERSONNEL. Council Member Neal expressed his concerns that Council should have some sort of notification on who gets issued weapons and this was not provided for in the ordinance • • I . • • Fe br ua r y 17, 198 1 Page 8 • • - COUNC I L MEMBER NEAL MOVED TO POSTPON E COUNCIL BILL NO. 28, SERIES OF 1981, UNTIL THE NEXT MEETING. Council Mem- ber Keena seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Higday, Neal, Fi tzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Neal instructed the City Attorney to pre- pare the ordinance to provide for notification to Council of weapons issued to non-police personnel. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING SECTIONS 1 AND 3, CHAPTER 6 , TITLE I, OF THE '69 ENGLEWOD MUNICIPAL CODE RELATING TO THE OPERATION OF THE MU- NICIPAL COURT SYSTEM. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 29, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick , Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER BRADSHAW • D I • • I ?t;.yln _ n ( • February 17, 1981 Page 9 A BILL FOR • • • AN ORDINANCE ESTABLISH I NG A SP EC IAL FUND OF THE CI TY TO BE KNOWN AS THE ''HALL EY CENTER TRUST FUND" FOR THE BENEFIT OF THE ENGLEWOD SENIOR CIT IZ ENS RE CREATI ONAL CENTER ADDING A NEW SUBSECTION TO TITLE XIII , CHAPTER 5 , OF TH E '69 ENGLEWOOD MUNICIPAL CODE. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 30, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion. COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MOTION BY CHANGING 13-5-10 (c) ON PAGE 2 AS FOLLOWS: 2) CHANGE "A BUDGET FOR" TO "PERIODIC APPROPRI- ATIONS FROM'' 3) CHANGE "BUDGET" TO "APPROPRIATIONS" AND "SOLE" TO "EXCLUSIVE" 7) CHANGE "SOLELY" TO "EXCLUSIVELY" Council Member Higday seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows : Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo-tion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick·, Keena, Bradshaw, Otis. Council Member Bilo. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER FITZPATRICK • I • • • February 17, 1981 Page 10 A BILL FOR • • - AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $320,000 CITY OF ENGLEWOOD, COLORADO, INDUSTRIAL DEVELOPMENT REVENUE NOTE (THE HEMLOCK COMPANY PROJECT) , TO FINANCE THE DEVELOPMENT OF A WARE- HOUSE AND OFFICE FACILITY AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A LOAN AGREEMENT; MAKING DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER HATTERS RELATED TO SAID COMMERCIAL FACILITY; AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS RELATING THERETO. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 31, SERIES OF 1981, ON FIRST READING. Council He~ ber Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 7 SERIES OF 1981 * * * * * * A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO •, RELATING TO OBSCENITY. COUNCIL MEMBER NEAL K>VED TO PASS RESOLUTION NO. 7, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt transmitted a summons and complaint in a matter of American Employers Insurance Company vs. the City of Englewood. • I . • r • ( • February 17 , 1981 Page 11 • • • COUNCIL MEMBER KEENA MOVED TO AUTHORIZE THE CITY ATTORNEY TO DEFEND THE CITY IN AMERI CAN EMPLOYERS INSURANCE COMPANY CASE. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 8 ', SERIES OF 1981 * * * * * * A RESOLUTION AUTHORIZING THE DISSEMINATION OF INFORMATION CONCERN- ING CHARTER PROPOSALS FOR MARCH 24, 1981, SPECIAL ELECTION. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 8 ·, SERIES OF 1981. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 9, SERIES OF 1981 * * * * * * A RESOLUTION APPROVING THE APPOINTMENT OF LORETTA B. HUFFINE AS ASSISTANT CITY ATTORNEY. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 9, SERIES OF 1981. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * • D I • • J • February 1 7, 198 1 Page 12 RESOLUTION NO. 10 , SER IE S OF 1 98 1 • • • A RES OLUTION AP PROVI NG APPOI NTMENT OF ASSI STAN T CITY ATTORNEY SUBSTITUTE PROS ECUTORS . COUNC I L MEMBE R BILO MO VE D TO PAS S RESOLUTION NO. 10, SERIES OF 1981. Council Member Ne al secon ded t he motion. Upon a call of the r oll, the vote resul ted as f ollows : Aye s: Nays : Counc il Me mbers Higday , Neal, Fitzpatrick, Keena , Bilo , Bradshaw, Otis. None. The Mayor d e clare d the mot i on carried. * * * * * * City Attorney DeWitt stated in the BIT Massage Parlor case, the district court approved the City's motion for dismissal. The 21-day suspension to close the business will be in effect. * * * * * * City Attorney DeWitt stated the Dart Board case was still pending. * * * * * * City Attorney DeWitt stated the Korean Massage Parlor case was still pending. * * * * * * City Manager McCown presented a Council Communication concerning the West Oxford Avenue -Platte River Outlet Structure Improvements. COUNCIL MEMBER BILO MOVED TO APPROVE THE AWARD OF BID FOR THE WEST OXFORD AVENUE -PLATTE RIV ER OUTLET STRUCTURE IM- PROVEMENTS TO TOMICH! CONSTR UCTION COMPANY IN THE AMOUNT OF $6,522. Coun c il Member Bra dshaw seconded the motion. Upon a call of the r ol l , the vo te result e d as follows : Ay e s: Cou n ci l Me mb e r s Hi gday, Neal , Fitzpatrick·, Keen a, Bilo , Bradshaw, Otis • • I • • ( • • • .. • February 17, 1981 Page 13 Nays: None. The Mayor declare d the motion carried. * * * * * * COUNCIL MEMBER KEENA K>VED TO SET A SPECIAL MEETING ON MARCH 9, 1981, AT 7 :30 P.M. IN PLACE OF THE REGULAR MEETING MARCH 2, 1981. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: MEETING. 9:00 p.m. Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY K>VED TO ADJOURN THE SPECIAL Mayor Otis adjourned the meeting without a vote at • I • • ( • SPECIAL MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLE~D, COLORADO February 17, 1981 I b The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on February 17, 1981, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Thomas J. Kelly, Saint Louis Catholic Church, 3310 South Sherman Street. The pledge of allegiance was led by Girl Scout Troop 1213. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Wanush City Attorney DeWitt Municipal Court Judge Parkinson Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkins * * * * * * Council Members Bradshaw and Keena noted corrections to the minutes of the special meeting of January 26, 1981 as: 1) Page 3, third paragraph, "inefficient" was misspelled 2) Page 4, third paragraph, insert "way" between "only" and "to" COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JANUARY 26, 1981, AS AMENDED. Council Mem- ber Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • • • February 17, 1981 Page 2 Nays : None. • • • The Mayor declared the motion carried. * * * * * * Council Members Keena and Neal noted corrections to the minutes of the regular meeting of February 2, 1981, as : 1) Page 3, last paragraph, add 'Mr. Torbett re- sponded that no differences had been noticed." 2) Page 3, fourth paragraph, last line, should read "vote whether he has done a good job." COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 2, 1981, AS AMENDED. Council Mem- ber Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There were no pre-scheduled visitors. * * * * * * There were no other visitors. * * * * * * COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" AGENDA ITEMS S(A) -S(F). Council Member Bilo seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • D I • • ( ) ( • February 17, 1981 Page 3 • • • Assistant City Manager Wanush presented a Council Communication from the Water and Sewer Board meeting of January 13, 1981, concerning Supplement 27 -South Arapahoe Sanitation District. Mr. Wanush stated the Board was re- commending approval. COUNCIL MEMBER BILO K>VED TO APPROVE SUPPLEMENT 27 SOUTH ARAPAHOE SANITATION DISTRICT. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council Communication from the Planning Division of the Department of Community Development re- questing approval to hang a banner across South Broadway concern- ing Channel 6 Auction. COUNCIL MEMBER KEENA MOVED TO APPROVE THE HANGING OF A BANNER ACROSS SOUTH BROADWAY NORTH OF U.S. 285/BROADWAY INTERCHANGE ANNOUNCING THE ANNUAL CHANNEL 6 AUCTION. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a recommendation from the Parks and Recreation Commission meeting of January 24, 1981, con- cerning the preliminary plans for Englewood Municipal Golf Club- house. Discussed ensued concerning this project and alternatives of financing. • I • • • February 17, 1981 Page 4 .. • • - COUNCIL MEMBER BRADSHAW MOVED TO TABLE THIS MATTER FOR FURTHER DISCUSSION. Council Member Higday seconded the motion. Upon a ca ll of the roll, the vote resulted as follows: Ayes : Nays : Council Memb ers Higday, Neal, Fitzpatrick, Keena, Bilo , Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO BRING FORWARD AGENDA ITEM 8(B). Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Director of Finance Gary Higbee presented a Council Communication concerning the computer selection and requesting permission to enter into contract negotiations with Computer Resource Management Corporation. Mr. Higbee introduced the City's consultant in this matter, Larry Cox of Peat, Harwick, Mitchell & Co. Larry Cox introduced Bruce Kahee also of Peat, Mar- wick, Mitchell & Co. and then gave supporting comments for the City Steering Committee's selection to negotiate with CRMC. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE CONCEPT FOR THE COMPUTER SELECTION AND TO AUTHORIZE STAFF TO ENTER INTO NEGO- TIATIONS WITH CRMC. Council Member Bilo seconded the motion. Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * • I • • ( • February 1 7 , 1981 Page 5 ORDINANCE NO. 22 SERIES OF 1981 BY AUTHORITY • • - COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS : CURRENT ARTICLE XV CONCERNING ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT -1972 IS RE- PEALED AND ADOPTED IN PLACE THEREOF IS ENGLEWOOD LABOR RELATIONS AND CAREER SERVICE SYSTEM -1981. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 18, SERIES OF 1981, ON FINAL READING. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 23 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24 , 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS: TO CLARIFY DUTIES OF MUNICIPAL COURT JUDGE BY REPEALING AND ADOPTING NEW SECTION 70 OF PART II, ARTICLE IX, OF THE HOME RULE CHARTER. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 24, SERIES OF 1981, ON FINAL READING. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. • 0 I • • • February 17, 1981 Page 6 Nays : Non e . • • - The Mayor dec l ared th e mot ion carried. ORDINANCE NO. 24 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND STATE OF COLORADO, DEPARTMENT OF NATURAL RESOURCES, (COLORADO WATER CONSERVATION BOARD) TO PREPARE A FEASIBILITY REPORT FOR AL- TERNATIVES TO UNION AVENUE DIVERSION AND PUMP STATION. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 25, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 25 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND MISSION VIEJO WATER AND SANITATION DISTRICT GRANTING AN EASE- MENT ACROSS CITY OF ENGLEWOOD REAL PROPERTY LOCATED IN DOUGLAS COUNTY, STATE OF COLORADO. COUNCIL MEMBER NEAL K>VED TO PASS COUNCIL BILL NO. 26 ·, SERIES OF 1981, ON FINAL READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • ) I • • 0 • I ( • February 17, 1981 Page 7 Nays: None. • • - The Mayor declared the motion carried. ORDINANCE NO. 26 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS: TO PROVIDE FOR THE APPOINTMENT OF MUNICIPAL COURT JUDGE AND CREATING A MUNICIPAL COURT NOMINAT- ING COMMISSION BY REPEALING AND ADOPTING NEW SECTION 68 OF PART II, ARTICLE IX, OF THE HOME RULE CHARTER. COUNCIL MEMBER NEAL K>VED TO PASS COUNCIL BILL NO. 2 7, SERIES OF 1981, ON FINAL READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE AMENDING TITLE XI, CHAPTER 1, SECTION 2(b), AUTHORIZ- ING THE POLICE CHIEF TO ISSUE CONCEALED WEAPON PERMITS TO OTHER CITY PERSONNEL. Council Member Neal expressed his concerns that Council should have some sort of notification on who gets issued weapons and this was not provided for in the ordinance • • I . • • February 17, 1981 Page 8 • • • COUNCIL MEMBER NEAL MOVED TO POSTPONE COUNCIL BILL NO. 28, SERIES OF 1981, UNTIL THE NEXT MEETING. Council Mem- ber Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Neal instructed the City Attorney to pre- pare the ordinance to provide for notification to Council of weapons issued to non-police personnel. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING SECTIONS 1 AND 3, CHAPTER 6, TITLE I, OF THE '69 ENGLEWOOD MUNICIPAL CODE RELATING TO THE OPERATION OF THE MU-NICIPAL COURT SYSTEM. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 29, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER BRADSHAW • I • • ( • February 17, 1981 Page 9 A BILL FOR • • • AN ORDINANCE ESTABLISHING A SPECIAL ruND OF THE CITY TO BE KNOWN AS THE ''HALLEY CENTER TRUST FUND" FOR THE BENEFIT OF THE ENGLEWOD SENIOR CITIZENS RECREATIONAL CENTER ADDING A NEW SUBSECTION TO TITLE XIII, CHAPTER 5, OF THE '69 ENGLEWOOD MUNICIPAL CODE. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 30, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion. COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MOTION BY CHANGING 13-5-10 (c) ON PAGE 2 AS FOLLOWS: 2) CHANGE "A BUDGET FOR" TO "PERIODIC APPROPRI- ATIONS FROM'' 3) CHANGE "BUDGET" TO "APPROPRIATIONS" AND "SOLE" TO "EXCLUSIVE" 7) CHANGE "SOLELY" TO "EXCLUSIVELY" Council Member Higday seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick', Keena, Bradshaw, Otis. Council Member Bilo. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER FITZPATRICK • • I • • • February 17, 1981 Page 10 A BILL FOR • • - AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $320,000 CITY OF ENGLEWOOD, COLORADO, INDUSTRIAL DEVELOPMENT REVENUE NOTE (THE HEMLOCK COMPANY PROJECT), TO FINANCE THE DEVELOPMENT OF A WARE- HOUSE AND OFFICE FACILITY AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A LOAN AGREEMENT; MAKING DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER HATTERS RELATED TO SAID COMMERCIAL FACILITY; AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS RELATING THERETO. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 31, SERIES OF 1981, ON FIRST READING. Council Me~ ber Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 7 SERIES OF 1981 * * * * * * A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO ', RELATING TO OBSCENITY. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO.7, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried, * * * * * * City Attorney DeWitt transmitted a summons and complaint in a matter of American Employers Insurance Company vs. the City of Englewood. • I • • ( ) ( • February 17, 1981 Page 11 • • - COUNCIL MEMBER KEENA MOVED TO AUTHORIZE THE CITY ATTORNEY TO DEFEND THE CITY IN AMERICAN EMPLOYERS INSURANCE COMPANY CASE. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried, RESOLUTION NO. 8 ', SERIES OF 1981 * * * * * * A RESOLUTION AUTHORIZING THE DISSEMINATION OF INFORMATION CONCERN- ING CHARTER PROPOSALS FOR MARCH 24, 1981, SPECIAL ELECTION. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 8 ·, SERIES OF 1981. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 9, SERIES OF 1981 * * * * * * A RESOLUTION APPROVING THE APPOINTMENT OF LORETTA B. HUFFINE AS ASSISTANT CITY ATTORNEY. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 9 ;, SERIES OF 1981. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * • I • • • February 17, 1981 Page 12 RESOLUTION NO. 10, SERIES OF 1981 • • • A RESOLUTION APPROV ING APPOINTMENT OF ASSISTANT CITY ATTORNEY SUBSTITUTE PROSECUTORS. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 10, SERIES OF 1981. Council Member Neal seconded the motion. Upon a call of the roll, the v ote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt stated in the BIT Massage Parlor case, the district court approved the City's motion for dismissal. The 21-day suspension to close the business will be in effect. * * * * * * City Attorney DeWitt stated the Dart Board case was still pending. * * * * * * City Attorney DeWitt stated the Korean Massage Parlor case was still pending. * * * * * * City Manager McCown presented a Council Communication concerning the West Oxford Avenue -Platte River Outlet Structure Improvements. COUNCIL MEMBER BILO MOVED TO APPROVE THE AWARD OF BID FOR THE WEST OXFORD AVENUE -PLATTE RIVER OUTLET STRUCTURE IM- PROVEMENTS TO TOMICH! CONSTRUCTION COMPANY IN THE AMOUNT OF $6,522. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick·, Keena, Bilo, Bradshaw, Otis • • I • • ( • • • • February 17, 1981 Page 13 Nays : None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER KEENA MOVED TO SET A SPECIAL MEETING ON MARCH 9, 1981, AT 7:30P.M. IN PLACE OF THE REGULAR MEETING MARCH 2, 1981. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: MEETING. 9:00 p.m. Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE SPECIAL Mayor Otis adjourned the meeting without a vote at • • I . • ( 7:30 P.M. • • • AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL FEBRUARY 17, 1981 -\~ Call to order, invocation by Saint Louis Catholic Church, pledge of allegianc~ by Girl roll call. Reverend Thomas J . Kelly, 3310 South Sherman Street, Scout Troop #213, and \ "tl' Q.< .~.-(, J 1. Minutes. 3. Minutes of the special meeting of January 26, 1981. (Copies enclosed.) Minutes of the regular meeting of February 2, 1981. (Copies enclosed.) Pre-Scheduled Visitors. tion to 10 minutes .) (Please limit your presenta- Other Visitors . (Please limit your presentation to 5 minutes .) 4. Public Hearing. 5. 'lJ t / ~Q 7 L t / L / • Communications -No Action Recommended. (a) (b) (c) Minutes of the Englewood Housing Authority meeting of December 17 , 1980. (Copies enclosed .) Minutes of the Water and Sewer Board meeting of January 13, 1981. (Copies enclosed.) Minutes of the Planning and Zoning Commission meetings of January 20 and January 27, 1981. (Copies enclosed.) (d) Minutes of the Liquor License Authority meeting of January 21, 1981. (Copies enclosed .) • I • • I • • • ,. • Page 2 February 17, 1981 Agenda 5. Communications-No Action Recommended (Continued). ~ (e) Minutes of the Downtown Development Authority C ()' meeting of January 28, 1981. (Copies enclosed.) ~ (f) Minutes of the Library Advisory Board meeting of February 3, 1981. (Copies enclosed.) 6. Communications -Action Recommended. Offk-6l cl · (a) Council Communication from the Water and Sewer Board meeting of January 13, 1981 concerning Supplement 27 -South Arapahoe Sanitation District. (Copies enclosed .) (b) (c) Council Communication from the Planning Division of the Department of Community Development con- cerning a Channel 6 Auction Banner . (Copies enclosed.) Recommendation from the Parks and Recreation Commission meeting of January 24, 1981 con- the preliminary plans for Englewood Municipal Golf Clubhouse. (Copies enclosed.) 7. City Attorney. Ordinances on Final Reading. (a) Ordinance submitting to a vote of the qualified electors of the City of Englewood, Colorado, at a special election to be held on March 24, 1981, r ) proposed amendment to the Charter of the City of )· .!' Englewood, as follows: current Article XV con- cerning Englewood Employee Relations and Career Service System Act -1972 is repealed and adopted in place thereof is Englewood Labor Relations (b) and Career Service System-1981. (Copies enclosed.) Ordinance submitting to a vote of the qualified electors of the City of Englewood, Colorado, at a special election to be held on March 24, 1981, proposed amendment to the Charter of the City of Englewood, as follows: to clarify duties of Municipal Court Judge by repealing and adopting new Section 70 of Part II, Article IX, of the Home Rule Charter. (Copies enclosed.) • I • • (. • ( • • • Page 3 February 17, 1981 Agenda 7 . City Attorney (Continued). I'..J (c) Ordinance approving an agreement between the (d) (e) City of Englewood and State of Colorado, Depart- ment of Natural Resources, (Colorado Water Conservation Board) to prepare a feasibility report for alternatives to Union Avenue Diversion and Pump Station . (Copies enclosed .) Ordinance approving an agreement between the City of Englewood and Mission Viejo Water and Sanitation District granting an easement across City of Englewood real property located in Douglas County, State of Colorado. (Copies enclosed.) Ordinance submitting to a vote of the qualified electors of the City of Englewood, Colorado, at a special election to be held on March 24, 1981, proposed amendment to the Charter of the City of Englewood, as follows: to provide for the appointment of Municipal Court Judge and creating a Municipal Court Nominating Commission by re- pealing and adopting new Section 68 of Part II, Article IX, of the Home Rule Charter. (Copies enclosed.) Bills for Ordinances. Bill amending Title XI, Chapter 1, Section 2(b), authorizing the Police Chief to issue concealed weapon permits to other city personnel. (Copies enclosed.) Bill amending Section land 3, Chapter 6, Title I, of the 1969 Englewood Municipal Code relating to the operation of the Municipal Court System . (Copies enclosed .) Bill establishing a special fund of the City to be known as the "Malley Center Trust Fund" for the benefit of the Englewood Senior Citizens Recreation Center adding a new subsection to Title XIII, Chapter 5, of the 1969 Englewood Municipal Code . (Copies enclosed.) (i) -i l~(_,k ~_j~;$31 Bill authorizing the issuance and sale of $320,000 City of Englewood , Colorado, Industrial Develop- ment Revenue Note (The Hemlock Company Project), to finance the development of a warehouse and office facility; authorizing the execution and delivery by the City of a loan agreement; making determinations as to the sufficiency of revenues and as to other matters related to said commercial facilities; and authorizing the execution of certain documents relating thereto. (Copies enclosed.) • I • • • • .. • Page 4 February 17, 1981 Agenda 7 . City Attorney (Continued). 8. Resolution. (j) Resolution of the City Council of the City of Englewood, Colorado, relating to obscenity . (Copies enclosed .) Other Matters. (k) Summons -American Employers Insurance Company vs. City of Englewood. (Copies enclosed.) . Attorney's Choice.-~a-e .#'l , fi n t /Jv L ?tX....,i/Iu·JI/tl-<'1 /!c <J.£> Ji /! t. 1'1 >:.... J) )~, 1L l.fZ1 Tu (1) rJ.L' ~!o .'-~ -;-u~.-t "l u.t-r >I J t ' .]~ .. c c.-/.1 _ A l-r fi t.tJ rt ld(l':J...:R '..; ~1-'<()'.__., Council Communication from the City Manager concerning the West Oxford Avenue -Platte River Outlet Structure Improvements. (Copies enclosed.) City Manager . (a) Council Communication from the Director of Finance concerning computer selection. (Copies enclosed.) Manager's Choice.-y:;fo.ua-1 />'>UJ t n 3 -q Slot 7 :3c.fl'~1 9. General Discussion. (a) Mayor's Choice. (b) Council Member's Choice. 10. Adjournment. ~~~ City Manager I • • • • • • • • 1----u (? .)(_, 1 ' 1/JiTtJ /l.. L.l h I I 1 J Fi\' I 'J,J{ II ROll CAll Moved Seconded Aye Nay Absent Higday Neal Fitzpatrick Keena BJlo Bradshaw Otis u-}l la_jM/ ~ 1 'Y.' ?.} )1. Abstain I . • • • .. • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiodav --Neal t- Fi tzpatn ck t-- Keena l-- Bllo /..-- Bradshaw v- Otis v- I • • • • .. • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday \ Neal l v Fitzpatrick I Keena 1 Bdo 1 v Bradsh-l OtiS \ ja__., J f/(_ () ~[1.--.J {< '1 ) V '}(_ fJ-3 3 ?_ j -?tf--> /7 j l { j 'lfl.l?__ / -<.....-' ..A. ;r ra>~ 3 ~ .::;:> J • • I . • • • • - ROLL CALL Hove d Seconded A ye Nay Absent Abstain Hloday i Neal I FltzDatrlck I v Keena Bllo I v Bradshaw I OtiS \ \...... I b . ------1, ( ) .( '--L r1 c-Yt 2 -~..,.G J J I . • ·Jn • • ,. • ROLL CAL L Moved Seconde d Aye Nay Absent Absta i n Higday Neal Fetzpatreck I 1/ Keena I v Belo I Bradshaw I Otes I \ I • • • • .. • u Jo f ROLL CALL "oved Seconded Aye Nay Abs~nt Abstain Higday Neal v-Fltzpatnck Keena v-Bllo Bradsh-I OtiS I ' I • • • • • ROLL CAll Moved Seconded Aye Nay Absent Abstain Higday 1,/' Neal F 1 tz_pat d ck v Keena IIIlO Bradshaw OtiS • • I • • • • .. • ' \ [tiL {<U! 11oved ye Nay Absent Abstain Higdav Neal F t tzpatrt ck Keena Btlo Bradshaw Otts "-j-£1 'll a__, .fYL-lLZ /; 1.-WJL . d y,_ . 0 ;DL< /'U.,l fi'l0u c2 / hf 1;/Y)VJ . 0 ~1/u_ ,_/? ~ P'-&_-)dld't /It ~ (_ . Zr ~ ~~ ~ o-~l..I ;r/u n l 't{}uuio.kv.J /Yl '-fl~_v, /J~ d/1 /d.~ .-<"< P1 F -r . .lu W /)?'2 0 du ~ rF 1.4 ,/).H-<~ Y~t d ?~J0 r?:dj '~J ~/l~~UJ:P a /-_ ~ ?1j tuAVn .-U',guJ"" u ,;{ {,. J If . C<J1 Ql . d J f: p aff! ~' w-/1/G/, Z{ ))£/,/ ~ I 1 u1 ~ ~ T t;_; f'-';,'"' /?A?? I a# /UVU-1--V?/J-~~ ~ I . • Moved Seconded v /./' ' l~ I v Hiqday Neal F 1 tzpat n ck l<eena Bi lo Bradshaw OtiS • • • ROLL CALL Aye Nay Absent Abstain '\ I I I I I 1 \... I • • • • ,. - ROLL CALL Moved Seconded Aye Nay Absent Absta in ...... Higday ·-L,.---Neal I FitzpatrIck Keena I 81 lo I v--Bradshaw I OtiS \ c r3 tt IS' --- I . . • • ' • • • ROLL CALL "ove d Seconded Aye Na fib y sent /lbsta in Hiqday Neal F 1 tzpatn ck Keena 8 lo Bradshaw Otis /)11 /) J iL4b. ?1tj -w -")I /V >l f uU-uJ;L u_./ /(tL "'-C. A--!· 72<-LL ~-u L.. t /l-lJ __1__. '-'--' ...-0 (! t -a__C 1.}-t J ~ ~ ,f-!: I -c + ;1/Lcf ?lfh!; /Jf.J lf-t'..., ')')l a -r7~ / r!fl1'-~ <r (.,A 1 U-LJ-<-'t.<) 'LL ~ - -10~f.IFL-t Mc./>'1 '1 )') ?/~ _.t ./ t.. / /)L.~ (l(J1 11_:1/La u~ . ~ ~ /YU pt:i mo ;;!_ lt.:U IL<M <~ Z: k c:bnu ~~yr-xt uZf~a/~ --.x:yuC<F~;_t-v;? J <:::1-/) c:IA,. • I . • • • .. • ROLL CAll Moved Seconded Aye Nay Absent Abstain Higday ' Neal 1 F 1 tzpat n ck I ~ Keena I v Bi lo \ Bradshaw '\. Ot1s • I . • • • • ROLL CAL L 14ove d Seconded Aye Nay Absent Absta i n Higday \ Neal I F 1 tzpat rt ck I v Keena l 81lo _l v Bradshaw I OtiS " I • • ( ( "oved Seconded 1 ~b . ~ li""' H_l~day Neal Fitzpatrick Keena 8110 Bradsh.., OtiS • • .. • .._. ROLL CALL Aye Nay Absent Abstain \ I I I I I \ I . • • • • ROLL CALL " ove d Se ded con A y~ Na y Ab sent Ab sta n H i gd~ Neal F'l tzpatr_l c~ (..._.,-ICeena I .__ 1110 I Bradsh.., I Otis \ " I . • • • • • ROLL CALL Moved Se c on ded Aye Na y Ab s e n t Absta i n Higday v Neal I L----Fitzpatnck Keena 1 8 do 1 Bradsh-l Ot1s \ 1d . I • • • • • .. • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal F 1 tzpatri ck .__.. Keena Bllo t.---Bradshaw OtiS \ \ I • • • • • • ROLL CALL Hoved Sec de on d Aye Nay Absent Abstain - I--I T Hlqday ~ ........-Neal F• tzoatn ck --., - ,_,_ Keena -81 0 t= l Bradshaw T OtiS 1 1 1 ---1 I =:1 I . • • • • .. • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hl9day l Neal I """ Fitzpatrick I Keena I Bi lo ( v Bradshaw l Ot1s \,. I • • • • • • .. • ROll CAll Moved Seconded Aye Nay Absent Abstain ........- Bradshaw OtiS 1A (!_ B -JJ3 JY) r -1.AJ'C ~" I • • • • • • .. - RO LL CALL Moved Seconded Aye -~ Nay Absent Abstain L/ Higday l Neal I IIJIIP Fl tzpatn ck I Keena 1 Bdo I ""' Bradshaw \ Otis \ /--, L { ')) fJ a (c) I . • • • • . . • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday I Neal F l tzpat n ck I Keena I Bllo Bradshaw } OtiS ( I • • • • • • - ROLL CALL ove d s econ ded A '~ N ay Ab sent Ab sta n Higday \ Neal I 1.---' Fitzpatrick J v-Keena I Bllo I Bradshaw I OtiS l \ I • • • • • • ,. - ROLL CALL Moved Se conded Aye Na y Ab s ent Abstain Hiodav v Ne al I v Fltzpatr f ck I Keena I Bi lo I Bradshaw I OtiS ' '-.. c: r' ~ /l:::?J"/1.&>,~ 1 '72 Q ~ 'I , • t I . • • tn 1 \ ( • . "') • • • ROLL CA LL Moved Seconded Aye Nay Absent Abstain Higday Neal Fl tzpat rl ck Keena 8110 Bradshaw OtiS I • • • • • • • ROLL CALL Hove d Seconded Aye Nay Absent Abstain Hiqday \_ Neal I Fitzpatrick I ..._. Keena I 1--Bi lo I Bradshaw l Otis '-...., , I • • • • • • . . - ROLL CAll Hove d Seconded Aye Nay Absent Abstain Hiadav--Neal Fitzpatrick Keena Bilo Bradshaw Otis 1;!_. ~--_;zU)4 )'ttUz?tff_ o v -00 l .< 1 ..... w I . • • -• '. • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hlgday '\ Neal \ Fitzpatrick J v-Keena I L--" Bilo I Bradshaw I Otis I " I • • • • • • .. • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiadav Neal FTtzpatnck Keena v-Bllo I ,_,...-Bradshaw I Otis \ "- I • • • • • . . • ROLL CALL Hove d Seconded Aye Nay Absent Abstain Hiqdav v Neal I F1 tzpatrl ck l<eena I ...... Bllo I Bradshaw 1 OtiS \ \... 7 I • • • • • • • .. • ROLL CALL Moved Seconded Aye Nay Absent Abst I a n 1 f!__. Higdav Neal F_ltzpatrT ck Keena 8110 Bradshaw OtiS (3 /I J l c:J-ov l c '"' J_;ru .1 10 tZt.a1i t.« (/_;ttl { t 0.. ,f7 10 ·<\.. ~'7>~ d- 7 ---;r L17 C (2-</)/Lbz-.,..A'.J if {t 2U c!)_ 1 ?Vt r /~ ft.d 0t t3 n 1cf h tJ u 'X j yr&/ ./J 'Jf. a v2-1-?(~ • I . • • • • - ROLL CALL Moved Seconded Aye Hlgdav Neal Fi tzpatn ck Keena 81 lo Bradshaw OtiS ?:;Ir . fli< & -m _ _;~ yZ:UtZZU ~ - Nay Absent Abst I a n zd_-C:../1 ..:J~ y ;z; Ue-zryu . I . . • • .. • ROll CAll Moved Seconded Aye Hiqday \ Neal \ Fltzpatnck J Keena I v-Bllo / .__. Bradshaw f Otis l ~- (~? • Nay Absent Ab sta n ~{ 6) 0-z z_ '(__-· t/U t .h c:- • I . . • • .. • ROLL CALL l'lo ve d Seconded Aye Nay Absent Abstain Hioday \ Neal I Fitzpatrick I ~ Keena I BITO I ,_ Bradshaw I OtiS ' \.. I • • • • • • • SPECIAL MEETING : • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 26, 1981 The City Council of the City of Englewood, Arapahoe County , Colorado, met in special session on Janua ry 26 , 1981, at 5 :30 p.m. Mayor Otis , presiding, called the meeting to order. The invocation was given by Mayor Eugene L. Otis. The pledge of allegiance was led by Mayor Eugene L. Otis. Mayor Otis asked for roll call. Upon a call of the roll , the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent : None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Wanush City Attorney DeWitt Director of Employee Relations BeVirt Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkins * * * * * * Mayor Otis stated the purpose of the special meeting was to consider an ordinance proposing charter changes in the Career Service system. Mayor Otis reminded everyone that Council had another meet- ing at 6:00 p.m. and asked that everyone keep their comments brief. ORDINANCE NO. 18 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER BRADSHAW • I • • January 26, 19 81 Page 2 • • - AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD , COLO RADO, AT A SPECIAL ELECTI ON TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS : CURRE NT ARTICLE XV CONCERN- ING ENG LE WOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT - 1972 IS REP EALED AND ADOPTED IN PLACE THEREOF IS ENGLEWOOD LABOR RELATIONS AND CAREER SERVI CE SYSTEM -1981. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 18, ON FINAL READING. Council Member Keena seconded the mot ion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 137:2 (q) ON PAGE 8 BY PLACING A PERIOD AFTER THE WORD ''WORK" IN THE THIRD LINE AND STRIKING THE REMAINING WORDS. Council Member Bradshaw seconded the motion. COUNC IL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 137 :5 (a) ON PAGE 10 BY STRIKING "LEAVE OF ABSENCE" IN THE SECOND LINE OF THE INDENTED PARAGRAPH AND ADDING INSTEAD THE FOL- LOWING "ADMINISTRATIVE LEAVE, PERSONAL LEAVE, MILITARY LEAVE, DIS- ABILITY LEAVE, FUNERAL LEAVE,". Council Member Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 138:3 (g) ON PAGE 17 BY STRIKING ALL OF (g). Council Mem- ber Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 138 :3 (f) ON PAGE 17 BY INSERTING THE FOLLOWING WORDS "A MEMBER OF OR" AFTER THE WORD "BE" IN (f). Council Member Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE SECTION 138 :4 (j) ON PAGE 19 BY STRIKING THE WORDS "GRIEVANCE AP- PEALS" IN THE FOURTH LINE. Council Member Bradshaw seconded the motion. Mayor Otis asked if any members of the Career Service Board wished to make comments on proposed changes. Judy Henning, 2951 South Franklin, former Chairperson of the Career Service Board, appeared before Council. Ms. Henning stated some of the changes originated three -four years ago. She stated a variety of hearings have brought attention to the fact that certain Charter and Code provisions contradicted each other, contained unclear language and poor definitions, and these pro- visions did not address the problems in the employee relations field. Ms. Henning urged Council to put the changes on the ballot • • I . • • • • • January 26, 1981 Page 3 • • .. Don Weber, 2893 South Ogden, current Chairperson of the Career Service Board, appeared before Council. Mr. Web er stated the Board can not operate fairly under the present Charter and Code and asked that Council put the changes on the ballot. Bob Brundage, 4140 South Huron, member of the Career Service Board, appeared before Council. Mr. Brundage stated the Board has found it difficult to operate and that the pro- posal should be passed for the convenience and protection of employees to whom the Board must be fair. Jo Ellen Turner, 4630 South Cherokee, member of the Career Service Board, appeared before Council. Ms. Turner stated the present Charter provisions are ambigious and ineffecient. The interests of the employees, the City, and the citizens would best be served by the approval of the changes. Cathy Pokraka, 4210 South Huron, member of the Career Service Board, appeared before Council. Ms. Pokraka stated she had not kept up with the changes since she left the City's em - ployment four months ago and as a result she has chosen not to take a stand one way or the other. Ms. Pokraka stated she had serious concerns with the present language of the proposed amend- ments. Dave Goodman, attorney for Career Service Board on the matter of Charter changes appeared before Council. Mr. Goodman stated he was impressed with Council's ability to entertain so many open hearings and to have solicited so many opinions from so many employees from the employee organizations. Mr. Goodman stated Council's work and effort in this regard was appreciated by him. Larry Leydon, 3795 South Logan, appeared before Coun- cil. Mr. Leydon stated alot of dialogue has been said by the Career Service Board members about communication problems with old dialogue and efforts to clean it up. Mr: Leydon stated he agreed if the opportunity presented itself. Mr. Leydon stated he agreed with Board Member Pokrak a concerning questions of the language. Mr. Leydon stated if his organization could be gua r- anteed of having dialogue with people, he had no objections. He stated no one on the City Council had the right to say that he did not have the right as a citizen or the right of a citizen of Englewood, or lost his right because he was a police officer to speak out; but alledged that because h came to ta lk before the Council four months ago he had a federal lawsuit pending because he was prejudiced and discriminated against for talking to Council • • I • • January 26, 1981 Page 4 • • • City Manager McCown stated Mr. Leydon's expression of the lawsuit and who discriminated against him and for what rea- sons was purely Mr. Leydon's opinon and not necessarily the opinion of others. Council Member Neal advised Council this was not the proper place to hear Mr. Leydon's allegations. Council Member Fitzpatrick stated City employees were i nclusive of Council and among any groups the only~to operate was by communicatfon and dialogue. -.}Lev-_.., COUNCIL MEMBER BILO MOVED TO VOTE ON THE AMENDMENTS AS ONE UNIT. Council Member Keena seconded the motion. Council Member Higday queried the amendment that would prohibit an employee or member of employee's immediate family to serve a member of the Board since it was not a legal matter. Mr. Higday stated he preferred to vote on the amendments separately. Upon a call of the roll, the vote on the motion to vote on the amendments as one unit resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. Upon a call of the roll, the vote on the amendments as one unit resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * I • • D • • • • • January 26, 1981 Page 5 ,. • • • COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE SPECIAL MEET- ING. 6:02 p.m • Mayor Otis adjourned the meeting without a vote at I • • • • • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLO RADO February 2, 1981 !b The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on February 2, 1981, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order, The invocation was given by Reverend St anley Fixter, Englewood United Methodist Church, 3885 South Broadway. The pledge of allegiance was led by Girl Scout Troop 1213. Mayor Otis asked for roll call. Upon a call of the roll, the following were present : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared the motion carried. * * * * * * Also present were: Assistant City Manager Wanush City Attorney DeWitt Municipal Court Judge Parkinson Director of Community Development Powers Director of Public Works Waggoner Director of Utilities Fonda Deputy City Clerk Johannisson Deputy City Clerk Watkins * * * * * * Council Member Fitzpatrick noted corrections to the minutes of the regular meeting of January 19, 1981, as follows: a) Page 4, sixth paragraph, second line, the word "time" was omitted. b) Page 27, fifth paragraph, second line, the word "ex- pensive" should be "expense", COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 19, 1981, AS AMENDED. Council • ) I • • • Februa ry 2, 1981 Page 2 • • • Member Bradshaw seconded the mo ion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Memb e rs Higday, Neal, Fitzpatrick, Keen a, Bilo, Bradshaw, Otis. None . The Mayor declared the motion carried. * * * * * * Pre-schedu le d visitor, William R. Young, 701 Simms Build- ing, Denver, Colorado, 80202, was present and spoke on the proposed amendment that wou l d make t he municipal judge an appointed position. Mr. Young stated he was a member of the Charter convention, former municipal court j udge for the City of Englewood, former member of the House of Representatives from Arapahoe County, and practicing attorney. Mr. Young stated he believed the judicial function of government should be separate from legislative and executive. Mr. Young stated this was why he encouraged the Charter Commission to structure the Charter so that the judge would be responsible only to the people. Attorneys will want to be assured that the municipal judge will dispense justice without "fear of favor", Citizens come in contact with justice in the lower courts of the state more than any other court and if a citizen does not feel that a j udge can not judge his case fairly, he loses all respect for the judicial system in particular and government generally. Mr. Young stated he had a whole file of what happened to him as magistrate when pressure was brought on the Council because of some decision made back in 1955. Pre-scheduled visitor Doug Jones, 3130 South Huron, ap- peared before Council. Mr . Jones stated was appearing on behalf of the Arapahoe County Bar Association on the proposed Charter amendment regarding the appointment of a municipal court judge position. Mr . Jones posed a hypothetical situation wherein the outcome of a judge's decision if unfavorable toward a citizen who has an unpopular cause could take on the appearance of im- propriety if the judge happened to be appointed by Council. Mr. Jones stated the separation of powers assists the citizen who might appear before the judge with an unpopular cause; assists the judge by allowing him or her to do the job; and takes Coun- cil out of the political arena. Mr. Jones recommended on be- half of the Arapahoe Bar Association that Council not pass the ordinance and instead hold a Charter Convention. Mayor Otis asked Mr. Jones if he had presented this same argument to other municipalities in Arapahoe County who have appointed judges • I • • • • February 2, 1981 Page 3 • • • Mr. Jones stated to his knowledge the Arapahoe Bar Associ- ation had not contacted each municipality to recommend electing their judge instead of appointing one. Council Member Bradshaw asked Mr. Jones what he thought of a Nominating Commission. Mr. Jones stated he thought the Bar Association would be in favor of a Nominating Commission and would recommend a Charter amendment to do this. Mr. Jones stated the experience on the state level is that the judge runs on a retention/non-retention basis. The people vote whether or he has a good job or not. Council Member Higday stated when Mr. Young was in- volved in writing the Charter, it was not possible to think of everything to correspond to the changing of times. Mr. Higday stated a situation has evolved to where the subject portion of the Charter does not work because the court is not being adminis- tered properly, puts the burden of financial responsibility of running the court on the present judge and, puts the City's employees in an inequitable position. Mr. Higday stated the appointment method must have some appropriateness if so many cities in the state do it. Council Member Neal stated the "sitting" judge looking at re-election a month or two months down the road if he should have another case with what appears to be an unpopular cause would have more political pressure than he would have buffered by a honest Council. Pre-scheduled visitor John Torbett, president of the Colorado Municipal Judges Association and present municipal judge for the City of Fountain, 116 Main Street, Fountain, Colorado, appeared before Council. Mr. Torbett stated he had been a municipal judge for the last nine years and was appointed by the Council. Mr. Torbett stated the Association has been observing the elective process in the City of Englewood to see if it func- tions. Mr. Torbett stated consideration should be given to how the ordinance change would affect citizens beyond the city limits and to keep in mind the system of justice that they would like to have judge them should they go to another town and have the ex- perience of being in that town's municipal court. Council Member Keena asked if the Colorado Judges Associ- ation has observed whether or not justice is being handled differently in elected positions versus appointed positions • • I • • • February 2, 1981 Page 4 • • .. Mr. Torbett stated the Thornton case concerned the judges very much. Mr. Torbett stated there has been no trend of justice or injustice in appointed positions. In response to Council Member Neal's question, Mr. Torbett stated his position does not have the specific right to hire and fire; however, he would have significant i nput in that way. Mr. Torbett stated some of his peers performed administrative functions. Council Member Bilo asked Mr. Torbett if the judges association advocated either appointment or election of judges. Mr. Torbett stated the association has taken no position on the issue at this time. * * * * * * Mayor Otis asked if there were any other visitors wish- ing to speak on any matter. Kathy Busch, League of Women Voters of Arapahoe County, appeared before Council. Ms. Busch spoke on the proposed amend- ment concerning municipal judge selection. Ms. Busch stated the League supported the non-partisan selection of judges on an ap- pointive/election basis. Ms. Busch stated the ideal situation would be a commission to recommend candidates to Council for ap- pointment and a vote from the citizens to determine whether or not the judge would be retained at the end of a set term. * * * * * * Oliver Giseburt, 3171 South High, appeared before Coun- cil and spoke on the proposed amendment of municipal judge selection. Mr. Giseburt stated the question should not be put on the ballot without first holding a Charter Convention. Mr. Giseburt stated all the proposed amendments should be withheld until there was a Charter Convention to get citizen input for all of them. * * * * * * There were no other visitors at this time. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER AN ORDINANCE ON FINAL READING AMENDING CHAPTER 22 CON- STITUTING THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF ENGLE- WOOD, ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED, BY PROVIDING • I • • • • February 2, 1981 Page 5 • • - FOR BICYCLE AND PEDESTRIAN FACILITIES. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Assistant Director of Community Development, Dorothy Romans, appeared before Council and presented the ordinance. Ms. Romans stated notice of the hearing was published in the Engle- wood Sentinel. She stated the ordinance was being presented because it was a goal of the Comprehensive Plan to address al- ternate modes of transportation and since the State of Colorado has been given until 1982 to clean up its air, the City of Engle- wood has decided to support the state plan. Ms. Romans then dis- cussed the amendments that would provide bicycle and pedestrian facilities. There was no one to speak in favor of the ordinance nor was there any one who wished to speak against it. COUNCIL MEMBER KEENA MOVED TO CLOSE THE PUBLIC HEARING. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 19 SERIES OF 1981 BY AUTHORITY COUNCIL BILL NO. 2 INTRODUCED BY COUNCI L MEMB ER BRADSHAW AN ORDINANCE AMENDING CHAPTER 22 CONSTITUTING THE COMPREHENS I VE ZONING ORDINANCE FOR THE CITY OF ENGLEWOOD, ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED, BY PROVIDING FOR BICYCLE AND PEDES- TRIAN FACILITIES. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 2, SERIES OF 1981, ON FINAL READING. Council Member Neal • I • • • • • • February 2, 19 8 1 Page 6 seconded t h e mo tion. Up on a c al l of the roll, the vote resulted as fol l ows : were: Aye s : Council Member s Hi gday, Neal , Fitzpatrick, Ke e na , Bilo, Bradshaw, Otis. Nays : None. The Mayor declared the motion carried. * * * * * * "CoDIDUnications -No Action Recommended" on the agenda (a) (b) (c) (d) (e) (f) Minutes of the Denver Regional Council of Governments meeting of November 19, 1980. Minutes of the Planning and Zoning Commission meet i ng of December 2 , 1980. Minutes of the Board of Career Service Com- missioners meeting of December 19, 1980. Minutes of the Public Library Board meeting of January 13, 1981. Minutes of the Downtown Development Authority meeting of January 14, 1981. Minutes of the Parks and Recreation Commission meeting of January 24, 1981. COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" SA -SF. 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, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • • February 2, 1 98 1 Page 7 • • • Deputy City Clerk Johannisson presented a Council Communi- cation from the Director of Finance concerning the animal shelter agreement with the City of Littleton. In response to Council Member Higday's question, Hr. Johannisson stated the agreements with other surrounding entities concerning the animal shelter would be forthcoming. COUNCIL MEMBER HIGDAY MOVED TO APPROVE AMENDMENT NO. 2, TO THE ANIMAL SHELTER AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE CITY OF LITTLETON. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Higday requested that when the other agreements come in, Council review them in a study session prior to a Council meeting. * * * * * * Assistant City Manager Wanush presented a Council Communi- cation from the Director of Communi t y Development concerning a travel request for the Assistant Director of Community Development, Frances Buck Jonas, to attend the National Association of Housing andRe- development Officials , as Regional Representative. Mr. Wanush stated the Englewood Housing Authority would pay for the trip and approved the travel request at their January 28, 1981 meeting. COUNCIL MEMBER BILO MOVED TO APPROVE A TRAVEL REQUEST FOR FRANCES BUCK JONAS TO ATTEND THE NATIONAL LEGISLATIVE CON- FERENCE AND BOARD OF CREDENTIALLING TRUSTEES MEETING OF THE NA- TIONAL ASSOCIATION OF HOUSING AND REDEVELOPMENT OFFICIALS (NAHRO) TO BE HELD IN WASHINGTON, D.C., FE BRUARY 6-10 , 1981. Council Member Bradshaw seconded the mo tion . Upon a call of the roll, the vote resulted as foll ows : Ayes : Nays : Co un cil Memb er s Hi gday, Ne al, Fitzpatrick, Ke ena , Bi l o , Brad s haw, Ot i s. None. The Mayor declared t he motion carried. * * * * * * • I • • • February 2 , 1981 Page 8 • • - Assistant City Manager Wanush presented a Council Communi- cation from the Planning and Zoning Commission concerning the com- mission's recommendations on proposed amendments of the Comprehen- sive Zoning Ordinance, Section 22.4-10, 22.4-11, 22.4-13, 22.4-14 and 22.6 following their meeting on January 27, 1981. COUNCIL MEMBER FITZPATRICK MOVED TO RECEIVE THE COMMUNI- CATION FROM THE PLANNING AND ZONING COMMISSION. Council Member Bilo seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 20 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 23 INTRODUCED BY COUNCIL PERSON NEAL AN ORDINANCE APPROVING A RIGHT-OF-WAY AGREEMENT BETWEEN FARRAGO N.V. (GRANTOR) AND THE CITY OF ENGLEWOOD (CITY) AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN REAL PROPERTY AS DESCRIBED HEREIN AND ACCEPTING A 20-FOOT UTILITY EASEMENT. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 23, SERIES OF 1981, ON FINAL READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 17 INTRODUCED BY COUNCIL MEMBER HIGDAY I • • n • • February 2, 1981 Page 9 • • • A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS : TO PROVIDE FOR THE APPOINT- MENT OF MUNICIPAL COURT JUDGE BY REPEALING AND ADOPTING NEW SECTION 68 OF PART II, ARTICLE IX, OF THE HOME RULE ~~ARTER. COUNCIL MEMBER HIGDAY MOVED TO TABLE COUNCIL BILL NO. 17, SERIES OF 1981. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL MEETING TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS 'FOLLOWS : TO CLARIFY DUTIES OF MUNICIPAL COURT JUDGE BY REPEALING AND ADOPTING NEW SECTION 70 OF PART II, ARTICLE IX, OF THE HOME RULE CHARTER. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 24, SERIES OF 1981, ON FIRST READING, Council Member Keena seconded the motion. Upon a call of the roll, the vo te resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis, None. The Mayor declared the motion carried, * * * * * * • I . • • • • • February 2 , 1 98 1 Page 10 ORDINANCE NO. SERIES OF 1981-- • • • BY AUTHOR I TY A BILL FOR COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND STATE OF COLORADO, DEPARTMENT OF NATURAL RESOURCES, (COLORADO WATER CONSERVATION BOARD) TO PREPARE A FEASIBILITY REPORT FOR AL- TERNATIVES TO UNION AVENUE DIVERSION AND PUMP STATION. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 25, SERIES OF 1981, 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, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis declared a recess at 8:55 p.m. Council re- convened at 9:15p.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND MISSION VIEJO WATER AND SANITATION DISTRICT GRANTING AN EASE- • I . • • • February 2, 1981 Page 11 • • - MENT ACROSS CITY OF ENGLEWOOD REAL PROPERTY LOCATED IN DOUGLAS COUNTY, STATE OF COLORADO. Dire ctor of Utilities Fonda appeared before Cou n cil , descr i bed wh ere the service lines would cross the prop rty, and discussed the terms of the agreement. In response to Council Member Higday'a quest ion, Mr. Fonda stated the Wa ter and Se wer Board had not se n the agreement because there was an i mm diate need on Mi ssion 's part to start construction. Mr. Fonda s at d any future n otiations with Mission Viejo on this mat er would be taken up wi h the Water and Sewer Board. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 2 , SERIES OF 19 ON FIRST READING. Council Memb r Fi zpa rick seconded h ion . Upon a call of the rol l, th ult d aa followa : Ay Nays : Cou ncil Members Higdsy, Nea l, Fitzpa rick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 18 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD , AS FOLLOWS : CURRENT ARTICLE XV CONCERNING ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT -1972 IS REPEALED AND ADOPTED IN PLACE THEREOF IS ENGLEWOOD LABOR RE- LATIONS AND CAREER SERVICE SYSTEM -1981. COUNCIL MEMBER BRADHSAW MOV ED TO PASS COUNCIL BILL NO. 18, SERIES OF 1 981 , ON FINAL READING. Council Member Higday seconded the motion. COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MOTION BY INSERTING "GRIEVANCE APPEALS" ON PAGE 19, SECTION 138:4 (j) AFI'ER DISCIPLINARY APPEALS. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • • February 2, 1981 Page 12 Ayes : Nays : • • .. • Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt transmitted the time schedule for Industrial Development Revenue Bond issue (Hemlock Company pro- ject). * * * * * * City Attorney DeWitt presented the license referred to in Council Bill No. 26, Series of 1981, with Mission Viejo Water and Sanitation District. Mr. DeWitt recommended strik- ing the words following "Exhibit A" in Item No. 3 and insert- ing in the palce thereof "as provided in Council Bill No. 26"; and striking all of Item No. S. COUNCIL MEMBER KEENA MOVED TO APPROVE THE LICENSE AS AMENDED. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt informed Council that the water tower case would be heard February 10, 1981, at 2:00 p.m. and he would notify them of the results. * * * * * * I • • • • Februar y 2, 1981 Page 13 ORDINANCE NO. SERIES OF 1981-- • • - BY AUTHORITY A BILL FOR COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS: TO PROVIDE FOR THE APPOINTMENT OF MUNICIPAL COURT JUDGE AND CREATING A MUNICIPAL COURT NOMINATING COMMISSION BY REPEALING AND ADOPTING NEW SECTION 68 OF PART II, ARTICLE IX, OF THE HOME RULE CHARTER. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 27, SERIES OF 1981, ON FIRST READING. Council Member Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION BY REMOVING THE WORDS "NOT LESS THAN" IN THE FIRST PARAGRAPH OF SECTION 68 ON PAGE 2 AND ON PAGE 3, SO THAT THE TERM WOULD READ "FOR A TERM OF TWO YEARS". Council Member Bradshaw seconded the motion. Council discussed whether or not to include provisions that would define "removal of a judge for cause". City Attorney DeWitt stated certain guidelines could be established; however, state statutes provide removal "for cause" as well as case law. Mr. 'DeWitt pointed out there automatic review built into the proposed charter amendment under the ''Method of Appointment" paragraph wherein the Nominating Committee would have to provide a list of two or three nominees even at the conclusion of the term. Further discussion ensued regarding the meritorious review process. Mayor Otis declared a recess at 9 :50 p.m. Council re- convened at 10 :05 p.m. Mayor Otis asked for a roll call. Upon a call of the roll, the following were present : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. I • • • February 2, 1981 Page 14 Ab sent : None . • • - The Mayor declared a quorum pres e nt. Counc il Member Neal spoke against t h e amendment on the a pp ointment o f t wo years. Mr . Neal s ta t ed there was something to b e s ai d allowi n g t h e flexibility f or Coun ci l to appoint for more t han t wo y e ars. Coun ci l Member Ke e n a s ta t ed the amendment means there would be a mer i tor i ous r evi ew e v ery two years. Upon a c all of the roll, the vote on the amendment resulted as follows : Ayes : Nay s : Coun ci l Members Higday, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Cou n ci l Me mber Neal. The Mayor de clared the motion carried, COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION BY CHANG- ING THE LAST SENTENCE IN THE FOURTH PARAGRAPH OF SECTION 68 ON PAGES 2 AND 3 TO READ AS FOLLOWS : "THE LIST SHALL BE SUBMITTED BY THE NOMINATING COMM I SSION NOT LATER THAN THIRTY .(30) DAYS AFTER THE DEATH, RETIREMEN T, TENDER OF RESIGNATION, OR REMOVAL OF THE MUNICIPAL COURT JUDGE"; AND ADDING A NEW FIFTH PARAGRAPH FOR RE- APPOINTMENT AS FOLLOWS : "TH E MUN I CIPAL COURT NOMINATING COMMISSION SHALL MAKE A MERIT REVIEW OF THE MUNICIPAL COURT JUDGE'S TERM OF OFFICE AT LEAST SIXTY DAYS PRIOR TO THE CONCLUSION OF THE TERM AND SUBMIT THE FINDINGS THEREOF TO THE CITY COUNCIL. COUNCIL SHALL THEN VOTE WHETHER TO RETAIN THE MUNICIPAL COURT JUDGE. SHOULD THE VOTE BE NOT TO RETAIN THE MUNICIPAL COURT JUDGE, THE OFFICE SHALL BE CONSIDERED VACANT AT THE CONCLUSION OF THE TERM OF OFFICE." Council Me mber Bradshaw seconded the motion. Upon a call of the roll , t he vote on the amendment resulted as follows: Ayes : Nays : Council Members Higday, Neal , Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO CHANGE THE TITLE OF THE LAST PARAGRAPH TO READ '~ICIPAL COURT NOMINATING COMMISSION:". Council Member Higday seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: I . • • • • February 2 , 1981 Page 15 Ayes : Nays : • • • Counci l Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER BILO K>VED TO AMEND THE K>TION BY CHANG- ING SECTION 68 ON PAGES 2 AND 3, SECOND SENTENCE TO READ AS FOL- LOWS : '~E MUNICIPAL COURT JUDGE SHALL BE APPOINTED BY COUNCIL FOR A TERM OF TWO YEARS AND MAY BE REMOVED BY COUNCIL FOR CAUSE BY NOT LESS THAN SIX CONCURRING VOTES". Council Member Neal seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays : Council Members Neal, Bilo. Council Members Higday, Fitzpatrick, Keena, Bradshaw, Otis. The Mayor declared the motion defeated. COUNCIL MEMBER FITZPATRICK MOVED TO AMEND THE MOTION BY CHANGING THE SECOND SENTENCE IN THE FIRST PARAGRAPH OF SECTION 68 TO READ: "THE MUNICIPAL COURT JUDGE .•• MAY BE REMOVED BY FIVE CONCURRING VOTES OF COUNCIL". Council Member Bilo seconded the motion. Upon a call of the roll, the vote on the amendment re- sulted as follows: Ayes: Nays: Council Members Neal , Fitzpatrick, Bilo. Council Members Higday, Keena, Bradshaw, Otis. The Mayor declared the mot i on defeated. COUNCIL MEMBER NEAL MOVED TO AMEND THE MOTION BY CHANG- ING THE SECOND SENTENCE IN THE FIRST PARAGRAPH OF SECTION 68 TO READ: "THE MUNICIPAL COURT JUDGE ..• MAY BE REMOVED BY FOUR CON- CURRING VOTES". Council Member Higday seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • I . • • Fe br u a ry 2, 19 8 1 Page 16 • • .. Ci ty Attorne y DeWitt r ead back the proposed amendment in c lus i v e of t he chang es made b y Coun cil as: "68 : EST AB LIS HMEN T THERE IS HEREBY ES TAB LISHED A MUNICIPAL COURT VESTED WITH EXCLUSIVE JURISDICTION OVER ALL CAUSES ARISING UNDER THE CHARTER AND ORDINANCES OF THE CITY. THE MUNICIPAL COURT JUDGE SHALL BE APPOINTED BY COUNCIL FOR A TERM OF TWO YEARS AND MAY BE REMOVED BY COUNCIL FOR CAUSE BY FOUR CONCU RR I NG VOTES. IF, IN THE DISCRET I ON OF COUNCIL , MORE THAN ONE JUDGE IS NECESSARY, ONE OR MORE ADDITIONAL JUDGES MAY BE APPOINTED. COMMENCING JANUARY 1, 1982, AND THEREAFTER, ALL MUNICIPAL COURT JUDGES SHALL BE APPOINTE D. UP ON PASSAGE OF THIS CHARTER AMENDMENT, ELECTION OF MU NICIPAL JUDGES SHALL NOT THEREAFTER TAKE PLACE. THE UNEXPIR ED TERM OF ANY ELE CTED MUNICIPAL JUDGE SHALL NOT HEREBY BE AFFECTED. METHOD OF APPOINTMENT: ANY VACANCY IN THE MUNICIPAL COURT SHALL BE FILLED BY APPOINTMENT OF THE CITY COUNCIL, FROM A LIST OF TWO OR THREE NOMINEES FOR THE MUNICIPAL COURT, SUCH LIST TO BE CERTIFIED TO THE CITY COUNCIL BY THE MUNICIPAL COURT NOMINATING COMMISSION FOR ANY VACANCY. THE LIST SHALL BE SUB- MITTED BY THE NO~ITNATING COMMISSION NOT LATER THAN THIRTY (30) DAYS AFTER THE DEATH , RET I REMENT, TENDER OF RESIGNATION, OR REMOVAL OF THE MUNI CIP AL COURT JUDGE. METHOD OF RE-APPOINTMENT : THE MUNICIPAL COURT NOMINATING COMMISSION SHALL MAKE A MERIT REVIEW OF THE MUNICIPAL COURT JUDGE'S TERM OF OFFICE AT LEAST SIXTY DAYS PRIOR TO THE CONCLUSION OF THE TERM AND SUBMIT THE FINDINGS THEREOF TO THE CITY COUNCIL. COUN CIL SHALL THEN VOTE WHETHER TO RETAIN THE MUNICIPAL COURT JUDGE. SHOULD THE VOTE BE NOT TO RETAIN THE MUNICIPAL COURT JUDGE, THE OFFICE SHALL BE CONSIDERED VACANT AT THE CONCLUSION OF THE TERM OF OFFICE. MUNICIPAL COURT NOMINATING COMMISSION: THE PURPOSE OF THE MUNICIPAL COURT NOMINATING COMMISSION SHALL BE TO FIND THE MOST QUALIFIED PERSONS FOR THE POSITION OF MUNICIPAL COURT JUDGE IN THE CITY OF ENGLEWOOD MUNICIPAL COURT. THE COUNCIL SHALL APPOINT ONE OF ITS MEMBERS, ONE ATTORNEY PRACTICING LAW IN THE CITY OF ENGLEWOOD, AND THREE ELECTORS OF THE CITY TO THE MUNICIPAL COURT NOMINATING COMMISSION. MEMBERS OF THE MUNICIPAL COURT NOMINATING COMMISSION SHALL SERVE TERMS AS FOLLOWS: COUNCIL PERSONS SHALL SERVE DURING THEIR TENURE, ONE MEMBER SHALL SERVE UNTIL DECEMBER 31, 1982 , ONE MEMBER SHALL SERVE UNTIL DECEMBER 31, 1983, AND TWO MEMBERS SHALL SERVE UNTIL DECEMBER 31, 1984. THEREAFTER, • , I . • • • February 2, 1981 Page 17 • • • EACH MEMBER APPOINTED SHALL SERVE UNTIL THE 31ST OF DECEMBER OF THE FOURTH YEAR FOLLOWING THE DATE OF APPOINTMENT." COUNCIL MEMBER KEENA K>VED TO AMEND THE MJTION IN THAT THE PROPOSED CHARTER CHANGE READ AS CITY ATTORNEY DEWITT READ IN THE FOREGOING AND THAT IT APPEAR ON PAGES 2 AND 3 OF COUNCIL BILL NO. 27. Council Member Bradshaw seconded the motion. Upon a call of the roll the vote on the amendment resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll , the vote on the original mo- tion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo , Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Assistant City Manager Wanush presented the Six-Quarter Budget -January 1981 through June, 1982, and a resolution adopt- ing same. RESOLUTION NO, 6, SERIES OF 1981 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 6, SERIES OF 1981. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpat rick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • * * * * * * • I • • • February 2, 1981 Page 18 .. • • • Ass istant City Manager Wa n ush presented a Counc i l Com- munication c o nc er ning the Ci ty Employee Training Programs -1981. Counc il ask ed fo r i nve s tigation into informal programs especially pol i ce t ha t wou ld aid in differentiating lifestyles of career and fa mily a nd progr ams that would encourage people to remain with t h e empl oym ent of the City and see the investment th e reof. COUNC IL MEMBER BI LO MOVED TO APPROVE THE CITY EMPLOYEE TRAINING PROGRAMS -198 1 . Council Member Keena seconded the mo- tion. Upon a call of th e ro l l, the vote resulted as follows: Ayes: Nays : Counc il Members Higday, Neal·, Fitzpatrick, Keena , Bilo, Bradshaw, Otis. None. The Ma yor declared the mot i on carried, * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO BOARDS AND COMMISSIONS: PLANNING & ZONING COMMISSION: 1) DOYET BARBRE, REAPPOINTMENT TO FOUR-YEAR TERM EX-PIRING FEBRUARY 1, 1985 2) EDDIE TANGUMA, REAPPOINTMENT TO FOUR-YEAR TERM EX-PIRING FEBRUARY 1, 1985 CAREER SERVICE BOARD: 1) ROBERT BRUNDAGE, REAPPOINTMENT TO FOUR-YEAR TERM EXPIRING MARCH 1, 1985 BOARD OF ADJUSTMENT & APPEALS 1) VIRGINIA DAWSON, REAPPOINTMENT TO FOUR-YEAR TERM EXPIRING FEBRUARY 1, 1985 PUBLIC LIBRARY BOARD: 1) JERRY VALDES, APPOINTMENT TO FOUR-YEAR TERM EXPIR-ING FEBRUARY 1, 1985 Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • • • February 2, 1981 Page 19 Nays: None. • • • The Mayor declared the motion carried. Council noted that Jimmy Curnes who was on the eligibility list has chosen not to serve on the Planning & Zoning Commission. Mayor Otis noted there still were several vacancies on the Boards and Commissions and instructed the City Manager's office to publish ada soliciting interested citizens to apply. * * * * * COUNCIL MEMBER HIGDAY MOVED TO ACCEPT THE RESIGNATION OF HARTEN LATHROP FROM THE NON-EMERGENCY EMPLOYEES RETIREMENT BOARD. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis stated a letter of appreciation of service would be sent to Mr. Lathrop. * * * * * Council Member Higday prefaced his motion by commenting on the member attendance records for Boards and Commissions and noted that the record reflected that Mr. Don Williams of the Plan- ning and Zoning Commission was not attending regularly as was re- quired. Mr. Higday noted Mr. Williams's attendance was sporadic and without excuse. COUNCIL MEMBER HIGDAY MOVED TO CALL FOR THE TERMINIATION OF DON WILLIAMS FROM THE PLANNING & ZONING COMMISSION. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * • I • • • February 2 , 1981 Page 20 .. • • • COUNCIL MEMBER BRADSHAW l'«>VED TO REl'«>VE COUNCIL BILL NO. 17, SERIES OF 1981, FROM TABLE. Council Member Keena sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- BY AUTHORITY A BILL FOR COUNCIL BILL NO. 17 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS: TO PROVIDE FOR THE APPOINT- MENT OF MUNICIPAL COURT JUDGE BY REPEALING AND ADOPTING NEW SECTION 68 OF PART II, ARTICLE IX, OF THE HOME RULE CHARTER. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 17, SERIES OF 1981, ON FINAL READING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: None. Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. The Mayor declared the motion defeated. * * * * * * Council Member Bradshaw instructed the City Attorney to prepare an ordinance that would repeal Ordinance No. 16, Series of 1980, regarding the administration of the Municipal Court. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN • • I I • • February 2, 1981 Page 21 ,. • • - Mayor Otis adjourned the meeting without a vote at 10:55 p.m. • I I • • ( • • • ,. - MIN l1l'ES OF ENGLEWOOD HOUSING AUTHORITY MEE TING De cember 17 , 1980 The rescheduled meeting of the Englewood Housing Authori ty was cal led to o rder b y Chairman Thomas J. Burns at 5:25 P.M. at the S~n Ce nter, 33 3 3 South Lin coln , Englewood, Colorado. Roll Call Members Presenta Thomas J. Burns, Chairman Betty Beier, Vice-Chairman Meri:>ers Absent: Others Present: Rev. J. Stanley Fixter -arrived 5:45 P.M. Cindy Peterson Bev Bradshaw Susan Powers, Director of Community Development Frances Buck Jonas, Executive Director, EHA Linda A. Knopinski, Associate Housing Coordinator Kirk Wickersham, Attorney for EHA Recording Secretary Reading and Approval of Minutes The minutes of the rescheduled meeting of November 19, 1980 were considered for approval. Mrs. Peterson stated that she was confused on the Rehab Loan section of these minutes. She stated that there needs to be a summary of the solution of What to do with the readjusted loans. The following changes were made on the minutes of November 19, 1980: Page 2 -fifth paragraph; insert "guidelines" after program. Page 2 -fifth paragraph; insert "usually" after RLC. Page 4 -change motion to read, "give the Executive Director •••. authorization to recommend to t h e Rehab Loan Committee the add ition ... ". Discussion ensued regarding having a policy stat ement and conclusion of the Rehab Loan section of the minutes of Novembe r 19 , 1980. MOTI ON CINDY PETERSON MOVED AND BETTY BEIER SECO NDED THE MOTION TO AME ND CHAIRMAN BURNS' MOTI ON TO APPROVE THE MINUTES OF NOVEMBER 19 , 1980. THE MOTION ON PAGE 4 OF THE MINUTES OF NOVEMBER 19, 1980 CONC ERNI NG REHAB IS AMENDED TO READ: "BEV BRADSHAW MOVED AND CINDY PETERSON SECONDED THE MOTION TO GIVE THE REHAB LOAN COMMITTEE AUTHORIZAT ION TO APPROVE OR DENY AMENDMENTS TO CONSTRUCTI ON LOAN AGREEMENTS, AND TO GIVE THE EXECUTIVE DIRECTOR OF THE ENGLEWOOD HO USING AUTHORITY AUTHORIZATION TO RECOMMEND TO THE REHAB LOAN COMMITTEE THE ADDITION OF MONEY TO LOANS ALREADY UNDER CONSTRUCTION AND THAT THE TIME FOR COMPLETION BE EXTENDE D IF NECESSARY." • I • • • • • - THE MOTION CARRIED AS FOLLOW S: AYES: THOMAS J. BURNS BETTY BEIER CINDY PETERSON NAYS: NONE ABSENT: REV. STAN FIXTER BIN BRADSHAW Rev . Fixter arrived at the meeting. Section 8 Existing Report Mrs. Knopinski stated that Pat Arnett is doing a good job as temporary Intern on the Section 8 Program. Mrs. Jonas stated that the permanent Section 8 position has been advertised and will close on Friday. Interviews will be next week . Rehab Report Mrs. Knopin3ki stated that the staff is having problems with delinquencies on a couple of the loans. MOTION CINDY PETERSON K>VED AND BETTY BEIER SECONDED THE K>TION TO GO INTO EXECUTIVE SESSION TO DISCUSS POSSIBLE FORECLOSURE PROCEEDINGS OF SOME REHAB CLIENTS. THE MOTION CARRIED AS FOLLOWS: AYES: THOMAS J. !!URNS BETTY BEIER REV. STAN FIXTER CINDY PETERSON NAYS: NONE ABSENT: BEV BRADSHAW MOTION CINDY PETERSON MOVED AND BETTY BEIER SECONDED THE MOTION TO LEAVE THE EXECUTIVE SESSION AT 6:25 P.M. THE MOTION CARRIED UNANIMOUSLY • MOTION BETTY BEIER K>VED AND CINDY PETERSON SECONDED THE MOTION TO DIRECT THE EHA 1 S ATTORNEY, KIRK WICKERSHAM, TO INITIATE FORECLOSURE PROCEEDINGS ON TWO REHAB CLIENTS, MARQUEZ AND MAGEE, AFTER THE FIRST OF THE YEAR. THE MOTION CARRIED AS FOLLOWS: AYES: THOMAS J. BURNS BETTY BEIER REV. STAN FIXTER CINDY PETERSON NAYS: NONE ABSENT: BEV BRADSHAW -2- • I • • ' • • • - Krs. Knopinsk i discussed the possibility of assessing late charges on delinquent payments fo r Rehab l o a n s. She sta ted tha t there is no incentive for having a person pay on t i me. Th e r e is no l a t e p aymen t charqe nor extr a i nterest c h arg ed . Kr s. Knopinski asked Kr . Wickers ham i f the re was any way the EHA could a ssess a late charge on these delinquent loans. Disc ussion ensued regarding the .-aunt to assess for a late charge on deli nquen t Rehab paywents. Kr. Wickersh .. discussed several poss ibilities as far a s assessing late charges and how to handle it under the existi ng no tes . He is to send Krs. Xnop i nsk i some form letters pertaining to assessi ng a penal ty f o r delinquent payment.&. Discussion ensued regarding the operational status report for Rehab . Krs. Knopinski stated that there was a big aisunderstanding on how the line of credit froa the Bank worked . Fr0111 the beginning the line of credit vas thought t o be $800,000. Krs. Xnopinski stated that John Lowry, Assistant Di rec tor o f Finance , and she had the understanding that it was a revolving credit and i t worked the sAllie way as the HUD money and State money, and that as payoffs come in on thi s type of money it is available to use again. This is not the case. The door is closed a s soon as this money is disbursed. Krs. Jonas stated that another problem with this is that the EHA considers this to be an $800,000 line of credit. This i s not the case because the first $450,000 was not used up; only $193,000 vas used and then the door closed and the EHA didn't get any additional money. Kr. Burns stated that he vas confused by what was meant by "the door was closed after the $193,000 was used". Mrs. Jonas stated that 'the Bank gave us a commitment to loan the EHA $450,000; however , there was a deadline earlier this year on this agre-nt and at this ti111e only $193,000 of the $450,000 has been used. Rather than get the full $450,000 we received $193,000 . The auditors said that this was not a revolving amount. Krs. Jonas stated that by calling it a line of credit it has confused people. It is not an actual line of credit; it is a commitment to loan by a certain date. Discussion ensued regarding the line of credit from the Bank. There was a short break for dinner. Simon Center -Status of Drainage Problem Kr. Burns stated that he talked with Bud Brady a few days ago. Kr. Burns told Kr. Brady that as far as the EHA was concerned he was responsible for this drainage problem. Mr. Wickersham stated that ~1r . Brady told h i m that he would give the commitment that this problem would be taken c are o f b ut he couldn't g ive him a time commitment. Kr. Wickersham told Kr. Brady t hat he c ouldn't agree to an indefinit e time commitment. Mr. Brady tol d Mr. Wi cke rsham that the work could not be done by December 31st. Kr. Wickersham stated that some sort of communication after this meeting should be given to Mr. Brady informing him that Mr. Wickersham has been authorized by the EHA to pursue full legal remedies after January 1, 1981 . For the record, Mr. Burns stated that Mr. Wickersham should inform Mr. Brady that the Board authorized him to pursue full legal remedies after the first of the year if the Sovent System problem is not remedied before then. Discussion ensued regarding the Sovent System drainage problem and contractor responsibi 1i ty. -3- • I • • • • • • MOTION CI NDY PETERSON MOVED AND REV. STAN FIXTER SECONDED THE MOTION TO DIRECT THE EHA LEGAL COUNSEL TO INFORM BRADY CORPORATION THAT THE EHA HAS ASKED HIM TO PURSUE OUR FULL LEGAL REMEDIES ON THE ISSUE OF THE SOVENT SYSTEM DRAINAGE PROBLEM AFTER JANUARY 1, 1981. THE MOTION CARRIED AS FOLLOWS: 1981 Si mon Center Budget AYES : THOMAS J. BURNS BETTY BEIER REV. STAN FIXTE R CINDY PETE RSal NAY S: NONE ABSENT: BEV BRADSHAW Mrs. Jonas stated that t h e 1981 Simon Center budget had not been prepared yet as we just go t our 1979 financial r e por t. Public Hous i ng Pro ject •co 4 8 -2 Mrs . Jonas stated that in r e gards to the DRCOG grant for the site acquisition on the family units, a l e tter h as been sent to DRCOG answering the problems that HUD has with the applicati on, specifically with the fact that the EHA was going to spend this money to buy a site in an impacted Census Tract. '!'be Hl:lil · Public Housing Division Preliminary Si te approval letter was attached to inform the HUD CDBG staff that this site had already been reviewed and tentatively approved after considering that it was located in an iupacted Census Tract. No answer has been received. Mrs . Jonas stated that the environmental review records have been completed and that the noti ce of no significant finding has been printed in the Sentinel. The Housing Assistance Plan (HAP) was handed out. Mrs. Jonas discussed the 1981 HAP. She stated that the Board needed to review it and recommend it to the City Council for their meeting on Monday night so they can approve it for submission to HUD. The money cannot be released until the HAP is approved. MOTION BETTY BEIER MOVED AND REV . STAN FIXTER SECONDED THE MOTION TO RECOMMEND TO THE CITY COUNCIL THAT THE ENGLEWOOD HOUSING AUTHORITY BOARD FAVORABLY ADOPTS THE NEW HOUSING ASSISTANCE PLAN (HAP) FOR 1981. THE MOTION CARRIED AS FOLLOWS : AYES: THOMAS J. BURNS BETTY BEIER REV. STAN FIXTER CINDY PETERSON NAYS: NOliE ABSENT: BEV BRADSHAW Public Housing Project ICO 48-2 MOTIC»> CINDY PETERSON MOVED AND BETTY BEIER SECONDED THE MOTIOO TO GO INTO EXECUTIVE TO DISCUSS THE OPTION ON THE ELDERLY SITE. THE K:>TIOO CARRIED AS FOLLOWS: -4- • I • • • c • • • - AYES : 'ntClMAS J. BORIIIS BB'l'TY' I!IBX ER REV • STAll P'UTBJl cr.,., PEIEW* RAYS: ..m Clmr Pll'i'BIISC» IIOVBD MD llllftY BEIER SI!ICXllGIBD '!'BE JOI'X<Xt '1'0 LEAVB EZECU'l'IVE SIISSI<Xt. '!'liE JOI'I<Xt CARIUED AS POLLOIIS: AYES: TIIOMAS J. BUJIIIS BETTY BEIER REV. STAN FIXTER CINDY PETBRSOIII RAYS: NONE ABSENT: BEV BRADSHAW *>'I' ION BE'I"1'Y BEIER J«>VED AND CINDY PETERSON SECONDED .ftB MOTION TO AUTHORIZE THOMAS J. BURNS AS CBAIRIIIIR OP THE ENGLBNOOD HOUSIMG AUTHORITY TO BORIWJW FUNDS FRC»t THE CITY OF ENGI..EtiOOD COUPLED WX'nl ERA FUNDS TO PUJCHASE THE ELDERLY SITE AND TO NEGOTIATE AN EXTENSION OF THE OPTICII TO PUIOIASE WITH SECURITY PACIFIC AND TO REPRESENT TO SECUJUTY P-ACIFIC THAT CONDEMNATION IS AN OPTION BEING CONSIDERED BY THE HOUSDIG AUTHORITY BQIUU). THE *>'l'ION CARRIED AS FOLLOWS: AYES: THOMAS J. BUIOiS BETTY BEIER REV. STAN FI XTER CINDY PETERSON NAYS: NONE ABSENT: BEV BRADSIIAN Mrs. Jonas stated that the final plans for the elderly project are going to HUD on Friday. It vill take Nelson-Roth a while to run off the copies for the EllA and for Brady Corporation. We should be getting these DeceW:Ier 29th. Brady Corporation said that it vill take th-three weeks from receipt of plans to get all of the subs to bid and =-e ~ vith a price. Mrs. Jonas stated that Tbm Chandler told her he spoke with Betty Tunnell vho said that HUD ran the preliminary plans with the amend!Ents through cost. It is running about $100,000.00 1110re than the funding c~tJnent. Nelson-Roth is talking about how they can cut this back. This is not a final figure since HUD hasn't seen the final plans yet. Mrs. Jonas stated that one of the things Mr. Chandler told her was that Brady Corpo- ration maintains that vith the a.ount of window space in the stairwell and the corrider, there is bound to be contraction and expansion from heat and cold and there is a good chance of getting cracks in the building. HUD requires natural light in the corrider. What Brady Corporation proposed is that this be changed -5- • I • • I • • • - so that only the top part of each window would be there and the bottom part vould be bricked in . This will cut $10,000.00 in the price also. Mrs. Jonas said that she presented this idea to Max Saul, Architect for the project, and he said there vas no probl-with it structurally. He thought it vould 111eet HUD's require~~ents. Mrs. Jonas stated that Mr. Chandler wants the architec ts to start drawing the plans for the family units. He wanted the Board to go over the original plans and see if there were any problems with them. Mr. Chandler told Mrs. Jonas that HUD said the base-.nts will not be approved. Apparently the decision to delete the basements was made several -.:>nths ago. There was no tilDe at this 111eeting to go over these plans so they will be discussed at another -ting. Mrs. Jonas handed out the 1979 financial report for the Housing Authority to the Board 111e.toers. She briefly discussed this report. MOTION BE'M'l( BEIER MOVED AND CINDY PETERSON SECONDED THE MOTIOH TO ADJOURN THE MEETING AT 10:00 P.M. THE MOTION CARRIED UNANIMOUSLY. -6- I • • • • , . • ' The Enqlewood Houainq Authority Minutes of the rescheduled meetinq of De~r 17, • 1980 -re officially approved by the c~ssioners on January 28, 1981. b..!J~- Enqlewood Housinq Authority J:-tpJ &,rU?a5 anceaBuclt Jonas Executive Director Enqlewood Housinq Authority • I • • 0 • • • • • WATER AND SEWER BOARD January 13, 1981 Regula r Meeting The meeting was called to order at 5:00 p.m . by Chai rman Gibson. 5 B . ~embers present: Best, Feamster, Fitzpatrick, Gibson, Giseburt, Higday , Otis, Schnackenberg, Ullery Members absent: None Also present: Stewart H. Fonda, Director of Utilities and Dall as Tourney, Developer for car wash outside City of Englewood I. REQUEST FROM DALLAS TOURNEY FO~ WATER SERVICE FOR A CAR ~A SH AT GASAMAT ON SOUTH BRYANT STREET AND HIGHWAY 285 Mr. Fonda stated that Mr. Tourney desires to obtain water service for a car wash that is planned to be constructed in Sheridan on South Bryant Street and Highway 285 . Mr. Fonda stated that he was not in favor of allowing any more water taps to this area as it is f ed from a 12" main which he believes is undersized . Mr . Tourney stated that another solution could be to transfer a Denver water tap from the mobile home park to the car wash and use Englewood water for the mobile home park . The mobile home park is located across the street from the car wash site and has one water tap from Denver serving the area and another tap from Englewood. There was discussion and the Board wanted more time to consider the request and advised Mr . Tourney that his request will be discussed further at he February meeting . II. SUPPLEMENT 27 SOUTH ARAPAHOE SANITATION DISTRICT Mr. Fonda stated that South Arapahoe Sanitation District is requesti ng inclus i on of an area containing 5.45 acres. He pointed out the area on the sewer map which is located south of Caley Avenue and west of Colorado Blvd. He advised the Board that the developer plans t o build a commercial office and a mortuary. (This area is pa rt of Chapel Hi lls Memorial Gardens) Mr. Schnackenberg moved; Mr. Otis seconded: To recommend to Council approval of Supplement 27 South Arapahoe Sanitation District . I • • • • • • -2- Ayes: Best, Fea~ster, Fitzpatrick, Gibson , Gisebur t, Higday, Otis , Schnackenb rg, Ullery ays: one Absent: None Motio n carried. III. SE'~ER DISTRICT CO TRACTS Mr. Fonda s ated tha he oped to be able to repor on the pr ogress being made on the sewer district contracts by the special attorney. IV. U ION AVE UE INTAKE A D PU~P ST ATION Mr . Fonda stated tha t progress was beina made on the contract with the Conservati on Board who will be funding the im provements to the City's water diversion facilities at Unio n Avenue. V. SWEDISH HOSPITAL LICENSE AGREEMENT Mr. Fonda stated that Swedish Hospital desires to relocate the City Ditch and build a parking lot south of Hampden Av enue between Washington and Pearl Street. Mr. Best moved; Mrs. Feam ster seconded: To ap prove the City Ditch license Agreement for Swedish Hospital according to the Cfty specifications. Ay es: Best, Feamstet·, Fitzpatrick , Gibson, Gi seburt, Higday, Otis, Sch anckenberq , Ullery Nays: No ne Ab sent : None Motion carried. VI. OTHER ITEMS 1. Mr. Gibson stated that this was Catherine Ullery's last meeting and thanked her for all her help ov er the past five years. Mrs. Ullery stated that she did not intend to submit her appl icati on again . 2. Mr. Gibson stated that selection of a Chairman and Vice-Chairman should be co nsidered at the February meeting . I • • - • • • • • • . . • -3- 3. Correction should be made to Item 2 of the December 9. 1980 meeting. The Rec011111endation to Council was not necessary and should read as f oll ows : Mrs. Ullery moved; Mr. Otis seconded: Meeting adjourned at 6:10 p.m. ::::rg;:;'"· ~e;ts Recording Secretary To approve option ~2 which would charge the Residence Inn for 39.67 sewer tap equivalents . • I • • • • • - CITY OF ENGLEWOOD PLANNING AND ZONING C()o!MlSSIO January 20, 1981 I. CALL TO ORDER. 5 The regular -eting of the City Planning and Zoni.og Ca.aission vaa called to order at 7:00 P. H. by Cbairaan Judith B. Pierson. ~era present: Pierson, McBrayer, Draper, Carson, Barbre, Tan~, Senti He8bers absent: Also present: Powers, Ex-officio Becker, Williams Assistant Director Dorothy A. Romans Associate Planner Barbara Young City Attorney Rick DeWitt ll. APPROVAL OF MINUTES. Chairman Pierson stated that the Minutes of December 2, 1980, were to be considered for approval. Carson moved: Tanguma seconded: The Mi.outes of the December 2, 1980, meeting be approved as written. AYES: Senti, Pierson, McBrayer, Draper, Carson, Barbre, Tanguaa, NAYS: None ABSENT: BeckeT, Williams The motion carried. Ill. AMENDMENT OF COMPREHENSIVE ZONING ORDINANCE CASE #1-81 §22.4-10, B-1 Zone District §22.4-11, B-2 Zone District §22.4-13, I-1 Zone District §22.4-14, I-2 Zone District Mrs. Pierson stated that she understood s ome members of the audience were present regarding the proposed amendment of the Comprehensive Zoning Ordinance, believing that the Public Hearing on these amendments which would place controls on adult entertainment establishments was scheduled for this evening. Mrs. Pierson stated that the meeting this evening is a work session for the Planning Commission to review the proposed amend- ments, and the Public Hearing before the Planning Commission is scheduled for January 27th at 7:00 P. M. Mrs. Pierson stated that members of the audience were welcome to stay for the discussion of the matter by the Planning Commission, and were invited to return next week for the Public Hearing. Mrs. Pierson asked for the staff report. Ms. Powers stated that she would give a brief over-view of the case be- 0 I • • • • • - -2- fore the Planning Coomi sion, and would then turn the basic discussion over to City Attorney DeWi tt. Ms. Pow rs noted that Chief of Police Holmes would n ot be present this evening, but sh would attempt t o e x- press some o f his concerns r egardin this matter to t he Commission. Ms. Powers stated that there have been a couple of applications for sales tax licenses and o t he r inquiries as to what procedure should be followed t o e s t ablish an adult entert inm nt us e in the Cit y of Englewood. The staff and Planning Commission have been as ed by City Council to place some type of controls on such uses. The Planning Co mmission will be conside r ing amendments to the Co mprehe nsive Zoning Ordinance which wo u l d control the location of such adult nter tainment businesses; t hese amend- me nt s would pertain t o t he B-1 nod B-2, Business Zone Distr icts , and to t h e 1-1 and I-2, Industri al Zone Dis trict s. Ms. Powe r s stated that Mrs . Roman s and Mr s . Young wou l d display ma ps indicating where t he adult ente rtainmen t busi nesses could be located in the Cit y o f En gle wood were the pr o po s e d amendments t o t he Comp rehensive Zoning Ordinan ce t o be adop t e d . Ms . Powers stated that the Public Hea r ing befor e t he Planning Commi ssion on the proposed amendment of the Comp r ehen sive Zon ing Or dinan c e h a s been set for January 27th at 7:00 P. M. Ci ty Council has set a special mee t ing date for the Public Hearing before t hat body, which will b e on Februa r y 5, 1981, at 7:00 P. M. Ms. Powe rs asked that City Attorney DeWitt ad dress t he Commis sion t o more fu lly discuss the proposal before the Commission . Mr. DeW i t t d iscussed the need for "effective" legislation pert aini ng to the matter o f a dult entertainment uses. Hr . DeWi tt stressed that the key term is "effe ctiv e" l eg is lation on this matter. Mr. DeWitt stated that t he Co l o r ado Legislat ur e has had a grea t d e al o f d iff iculty in passing legislation on t he matte r of ob scen i t y and porno graphy t h at is "effective"; the Supreme Co u r t bas struck down at least tw o attempts to deal with this matter on a s t a te-wi de basis , and eac h local j urisdiction is now attempting to deal wi th t he p r oblem. Mr. DeW itt stated t ha t he under s tood new legislation is pend ing in this session of the Legi slature that would per- tain to matters d eal ing wi t h ob s cen ity a nd porno graphy on a state-wide basis, but it is not enacted at this time. Mr. DeWitt stated t hat at t he present t ime , l ocal jurisdictions ma y deal with obscen i t y and pornography by means of control through zoning regulations, or b y me ans of licensin g the businesses. Licensing pro- visions encompass the matter of fees , i nspect i ons, etc. and help to prevent illegal a c t ivit ies . Mr. DeWitt stated t hat one of t he most effect i ve ways to control the proliferation of ob s cene and po rno graphic mat e rials and businesses is through zoning con t r ols , and there are two ways to proceed ·On the matter of zoning contro ls. One i s that o f a "combat zoning ordinance", which defines a specific area and zone for this t ype of business. A second way to proceed is by the "dispersed c oncept", which concept does not totally ban the particul ar use, but would prohibit these uses within a specific area. City Council feels t hat the better approach to take on this matter is to restrict the areas in which these uses may locate. Mr. DeWitt cited a court case f rom Michigan, Young vs. American Mini Theatres, Inc., wh i ch d i d u phold the efforts of the City of Detroit to disperse these uses by mean s of speci fying a given distance between uses and residential neighborhood s . Mr . DeWitt pointed out that the • I • • • • • - -3- amend.ents proposed to the Englewood Zoning Ordinance do se t forth distance restrictions on adult entertainment business of 1 ,000 feet f rom the property line of any other such business, or within 1,000 fee t of the property line of any church, school, park, playground or public building, or within 1,000 feet of any property zoned R-1-A, R-1-B, R-1-C, R-2, R-2-C, R-3 or R-4. Mr. DeWitt stated that in past cases , the Supreae Court has wanted to know "what we are talking about; what we want to prohibit". This is spelled out in the body of the proposed amendments to the Coaprehensive Zoning Ordinance. Mr. DeWitt stated that the Detroit case did set forth a diatance difference between the a dult entertainment businesses and residential uses of 500 feet and a distance of 1,000 feet from any two other "regulated uses" which applied to other adult entertainment type of businesses. The City of Englewood amendments as proposed would re- strict the uses within 1,000 feet of other such businesses, churches, schools, parks, playgrounds, public buildings, or residential property. He stated that the legal staff is willing to support the 1,000 foot re- striction applied to all the aforementioned ins tances . Mr. DeWitt stated that there are presently two uses of the adult entertain- ment nature on South Broadway; the approval of the pr oposed amendments would .ake these uses non-conforming by virtue of their location. It is suggested that a provision be contained within the proposed amendments that would give such non-conforaing uses 180 days in which to relocate to an area that meets the criteria of the proposed amendments. Mr. DeWitt referred to a case from the State o f Washington, Northend Cinema, Inc., vs. City of Seattle, wherein the adult entertainment businesses were given 90 days to conform to the o rdinance. This provision was suc- cessful and was upheld by the Wash ington State Supreme Court. Mr. DeWitt stated that there has been no decis ion in the State of Colorado, and he knew of no other case supporting this proposition. Mr. DeWitt stated that he feels the City has the authority to consider this proposed legislation. Mr. DeWitt noted that in regard to the non-conforming use status of adult entertainment businesses, the City of Colorado Springs has a 120 day pro- vision in their ordinance. He stated that Colorado Springs has been threatened with litigation on this provision; the applicants had initially requested variances from the provision, but have since withdrawn the request for the variance. Mr. DeWitt stated that he feels the 120 day provision will be attacked in the courts, and that the applicants will go to the Federal District Court, the forum that is most favorable to them. Mr. DeWitt stated that he felt a case before the Colorado State Supreme Court would be the most favo r able forum on behalf of a municipality. Mrs. Pierson asked if the exist ing adult entertainment businesses on South Broadway are within 1 ,000 feet of each other? Mr. DeWitt stated that they are not; they are, howe ver, wi th in 1,000 feet of a residential area. Mr. DeWitt stated that he had a couple of suggestions to make on the ordinance .in addition to the change regarding non-conforming uses; one being that this be considered as "permanent" legislation rather than as "temporary". He questioned the need to reconsider such legislation within six months. Mr. DeWitt stated that the one matter on the regula- tion of this type of business that has been d.isapproved by both the • I • • n • • • • - -4- Supreme Court of Color ado and the Feder 1 Sup r me Court, i s t h at o f "total banning". Mr . DeW itt empha i:r:ed th t "effective legislation does not allow total banning". Mr . DeWitt discuss d t he Cit y of J a cksonvill e , Florida, which at one t i me h ad 28 adult businesses in their commun i t y . There i s now one adult ent e rtain nt busines s wi t hin t he Ci t y o f Jacksonville, Florida. Mr. DeWitt emphasized t hat this was no t done by a t o tal banning of the uses, but by con trols p laced on thes e businesses. Jacksonville also went thro ugh a numb e r of law sui t s regarding the con trols on the adul t entertainment bu s ines s es. Mr. DeWitt fu rther empha s ize d that the p ropo sed amendment of the Englewood Comprehens i ve Zoning Ord inance does not propose a "total banning" of the adult entertainment u s es, bu t placing controls on these businesses as fa r as locat ion is conce rned . He s tated that in his opinion, "we can't outlaw the uses altogether, but we c an monitor the activities." Mr. Draper asked if the 1 0 days for elimination of a non-con forming use has been tested i n Court ? Mr. DeWitt stated that the State of Washingt on case was based on a 90 day t i me e lement fo r the relocation and/or elimination of non-conforming uses. Mr. DeWitt s t ated that he would recommend the 180 day time e l ement be included in this Ordinan ce . Mr. DeWitt stated tha t he felt the first l awsu it in Colorado on the non- conforming time element would be against Colo rado Springs; he stated that he would follow this law suit closely and would make recommendations for amendment of the Eng lewood Ord i nance followin g that decision. Discussion followed. Mrs. Pierson q uestioned how the lawsuit in Colorado Springs would affect the Englewood Ordinance? Mr. DeWitt stated that he anticipated that the Colo rad o Sp rings suit would come up, possibly by the middle of February. He stated that he felt we might possibly have to sue the existing busine sses to ge t them to relocate; but he would not be op- posed to this procedure because the City could then choose the District Court of the State o f Co lorado rather than the Federal District Court. Mr. DeWitt reiterated that he f elt the State District Court would be more favorable to the position of the municipality than the Federal Dis- trict Court. Mr. Draper stated that as he understood the intent of the proposed amend- ments, it is not to put this t ype of use out of business, but to locate them where they will be as i noffensive as possible. Mr. DeWitt stated that this is the t hrust of the proposed legislation. Mr. McBrayer stated that he would like to see Mrs. Romans' presentation, and that he had some questions be would like to have answered. Mrs. Romans and Mrs. Young gave a presentation using a map with transparency overlays, which depicte d areas in which the adult entertain- ment uses could be located at the present time, and where they could be located if the proposed amendments were to be adopted. Overlays depicting the areas that are zoned for business, residential and industrial uses were shown, with churches, schools, public buildings, playgrounds, parks, etc. shown. The 1,000 f oot limitation was also depicted, resulting in an area along West Union Avenue which might be an area where the adult entertainment uses could locate; there is also an area west of South Santa Fe Drive on either side of West Dartmouth Avenue where the adult entertainment uses could locate, and one area just east of South Santa Fe Drive and U.S . 285 • I • • c • • • • -5- Mrs. Roaans pointed o ut t hat part o f the ar a vest of South Zun i Street in Denver is zoned for res ident ial u s e, and asked i f this could be taken into consideration also as far as t h e 1,000 foo t l imita tion from residential uses were concerned ? Mr . DeW i tt s tate d t hat i t c ould be considered. It was also pointed out that the fire training tower and the Allen Filter Plant were located in the industrial area in the vicinity of West Union Avenue, and if they were to also be considered as public buildings or public uses, this would further decrease the area in which adult entertain- aent businesses could locate. It was also pointed out that the City of Englewood nursery is located on West Union Avenue, which might also be deterained .. a public use. Mr. DeWitt cautioned against being too restrictive; he stated that zoning principles can be used to control the locat i ons, but cautioned against totally outlawing such uses. He noted that the areas which have been shown to allow the adult entertainment uses after the application of the proposed a.endaents, are zoned for industrial uses. He stated that be did not know what t.pact the adult entertainment uses would have on the other business uses that have located in these areas. Discussion en- sued. Mr. McBrayer asked if by the implementation of t he Class I bicycle trails system along the South Platte River and along Dry Creek, whether this could be termed a public use and would also be used to restrict the lo- cation of the adult enterta.inment businesses? Mrs. Romans stated that the ordinance states a public building,park, or playground. She questioned that the proposed amendments could include the bicycle trail system •. Mr. McBrayer stated that he would question the authority to put somebody out of business by the non-conforming use aspect which Mr. DeWitt dis- cussed. He noted that Mr. DeWitt has mentioned a six month time element. He asked whether another type of use was in existence and an andment was made to the ordinance which would make the business non-conforming, would there be a similar amount of time before the y would have to relocate or go out of business? He stated that he was thinking about a duplex in a single-family district --is there a time element on such a non-conforming use? Mrs. Romans stated that there are t h ree d i ffer ent in s tances in which time limits were placed on non-con f orming u s es: on e being the lumber yards that were located in a B-1 Zone Distr ict; ano ther being a single-family use in an I-2, Heavy Industrial Zon e Dis trict, and the third being an I-2, Heavy Industrial use in a singl e -family z one d i strict. Other than these three instances, there are n ot time elements placed on the non- conforming uses. The ordinance does , howe v er, r equire that if the use is changed, that it be to a conforming u se . The non-conforming use designation does go with the land, and is not required to change just because of a change of ownership. Mr. DeWitt discussed further the non-c onforming use provisions cited in the Washington case of 90 days time to relocate such non-conforming businesses. Mr. McBrayer stated that he did not understand why the non- conforming adult entertainment uses would have to vacate the premises? Mr. DeWitt stated that we are considering the effect the adult entertain- ment uses would have on residential areas, public buildings, schools, churches, parks, playgrounds, etc. Mr. DeWitt quoted the following from ) I • • • • • - -6- the Washington Court Case: "In the fac of these facts, the court below found appellants had not come forward with any clear evidence of economic harm. The main thrust of their objection , that simply having to move to another location o r show a different type of film is substantial economic harm, is un supported by any clear evidence. The court had a right to conclude that appellants' allegations they will suffer economic h arm were speculative at best . The record thus supports the findings of the court below t hat Northend and Gaiet y will incu r no economic damage , and Apple will incur no clear economic damage , by enfor cement of the o rdinance ." Mr. DeWitt stated that he unde r s tand s that businessmen surround ing the existing businesses have complained to the City because they feel that they are experiencing economic harm as a result of the adult entertain- ment business. Discussion ensued. Mr. Draper asked whether economic harm would have to be s hown t o result in Englewood, or whether reference could be made to other areas whe re economic harm h as been experienced. Mr. DeWitt suggested that an effort should be mad e to develop expert test imony to show economic harm experienced in other communities, and possibly project what could happen to the Englewood businessmen in the future if this type of business were not controlled. Mr. McBrayer asked why the amendments t o the Comprehensive Zoning Ordinance are being handled on an "emergency basis "; and why wasn't something done on this some time ago? Mr. DeWi tt stated that this type of business has not been in Englewood until recently. Mr. McBrayer stated that they have been in the area for quite some time, and again questioned why something wasn't done before now when there are some operations that would be put out of busines s. Mr. DeWitt stated that it is a matter of policy decision; the City Council does not feel that this type of business is in conformance with the quality of life that the citizens of Englewood want to preserve. He made reference to the quality of life and bus inesses along East Colfax Avenue where a great many of t he adult oriented businesses are situated, and also to areas of Adams County where there have been problems with the adult business operat i on s. I t is the determination of the City Council that the matter of control on the adult-o riented businesses should be addressed now before it reaches the proportions experienced elsewhere. Mr. DeWitt noted that the r e have been o ther problems with theaters, etc. in the City of Englewood, such as the Go thic Theater, Which was at issue several years ago. Legislat i on was enacted at that time wh ich is presently used by the City, but the proposed amen dments to the Comprehensive Zoning Ordinance would control the location of such uses. Further discussion ensued. Mr. DeWitt stated tha t the City Attorney's office is pursuing violations that have occurred with the mas sage parlors at the present time. Mr. Tanguma made reference to Page. 2 of the proposed amendment, which states that a "signific ant portion" of the bookstore stock must deal with matters of "sexual conduct" or "specified anatomical areas." He stated that he felt this is rather vague, and should be more specific. Mr. DeWitt stated that the courts have up-held the figure of 10% or more. After further discussion, it was determined that the figure of 10% would be designated rather than a "significant portion". Mr. McBrayer stated that he felt t he Commission should know what the comments of the other businessmen are regarding the adult entertainment businesses. Mrs. Romans stated that she has had comments from several people, among thea Mr. Ed Draper of the Planning Commission, and Mr. Bud Collier, • I • • • • • • -7- pr esident of First Federal Saving . There have been concerns expres ed b cit izens t o other departments of the City, and members of th Fire and Po lice Depa rtments a r e very concerned about the operation of the massage parlors t hat have locat ed within the City limits. Mrs. Romans emphasized t hat i t v as as a result of th problems with the Gothic Theater that the e iis ting po rno graphy ordinance wa s adopted. Mr s . Romans stated t hat she d i d not feel that the City of Englewood bas a "bad problem" at this t ime , but the propos ed amen dments are an attempt to prevent the development of bad probl eas. Mr. McBr ayer asked if t he Police Department feels that the adult oriente d uses promote i l legal a c t ivities? Mrs . Romans stated that she wo uld not atte.pt t o s pea k f or c h ief Holmes on that point. Mr. DeWitt s tated t hat this op inion bas been expressed t o him by Police Chief Holmes. Mrs. Ra.ans s tated t hat the adult oriented businesses are of st r ong c on- cern to th e City Council and administra tion, and the proposed a men dme n ts are an attempt t o p r event further uses from concen trating in Eng l ewoo d . Mr. Draper s tated that be would like t o commend the Ci ty Council , t he staff of the Communit y Development Department, and the legal staff on their effort s to con trol t hese uses. Mr.KcBrayer asked i f t he Commission would have documenta tion before them for consideration on t he impact that X-rated businesses have on neighbor- hoods, and the economic impact they have on other businesses which a re around them. He state d that he wanted to see all the facts befor e be made a dec i sion on t his matter. Mr. DeWit t stated that all efforts would be aade to obtain t he i n formation Mr . McBrayer wants. Mrs. Piers on stated that she would also l ike t o see some substantiation that the adult businesses cause a deteriorat i on of pr operty values, and cause an incr e a se i n the crime rate. Mrs. Romans noted that some additional members o f the audien ce had come in during the discuss ion, and that per haps it should again be noted that this is not a Public Hearing. Mr s . Pierson again announced that the meeting this evening is not a Public Hearing, b ut that on the evening of January 27th, there will be a Public Hea r ing on t he proposed amendmen t o f t he Com- prehensive Zon i ng Or dinance in regard to controls on adu lt entertainment businesses . Mrs. Pierson invited all member of the audience t o return for that meeting. Ms. Powe r s s tated that the s taff included a report from the Ame r ican Society of Pl anning Officials pertaining t o "Regulating Sex Businesses " in the Commission members information for the meeting, and sugges t e d that the members might want to review this repor t prior to the Public Rearing on J anuary 27th. IV. PUBLIC FOR UM Mrs. Pierson asked if t her e was anyone in the audience who wished to address the Planning Commission on any t opic? No one spoke to the Com- mission • • I • ,.. • • • - -8- V. DIRECTOR'S CHOICE Ms . Powers commended Mr. McBrayer on his eeting of the Bicycle Trails Coa.dttee , which was held on January 13th. She stated that it vas a very we l l o r ganized, informative meeting. Ms. Powers stated that she had met earlier this date with Mr. Bill Howard, Chairman of the Design Review Ad Hoc Commi ttee. They had d r iven a round t o view pr oblem areas where he thought design review would be of aid. Ms. Powe r s stated that she felt there are diverse opinions on wh at t y pe o f de s i gn review the committee should be consid ering: a r e we talking abo ut land s caping reqirements and revision of t he sign code , or are the matters of s truc t ural and facade changes, architecture, e t c. under con- s iderat i on ? Ms. Powers s t ated that Mr. Howard is int erested in set ting up a meeting for Thursday e vening , the 29 t h of January , fo r t he Design Review Committee. Ms. Powers stat ed t hat this mee t ing wou l d be a d is- c uss i on session , b u t t here a re issue s that need to be r e sol ved. Di scussion on the meeting nigh t e n sued . I t wa s determine d that one or t wo o f t he members could not be p r ese nt on Th ursday e ven ing . Mr s . Pierson s ugge sted possibly 5 :00P.M. on ~e 27th of January for this discussion s e ssion, inasmuch as the re is alr eady a spe cial session o f the Commission set for 7:00 P. M. of that date . Ms . Powers stated that t he staff would c heck further with Mr . Howard and get ba ck to t he Commis sion . VI. COMMISSION'S CHOI CE Mrs. Pierson asked i f memb e r s had made reservat i ons for the workshop for Planning COIIIIIission member s wh ich i s being sponsored by the Denver Regional Council of Governments ? Th e Record i ng Secretary affirmed that reservations for seven of the member s had been c alled in. Mr. McBrayer stated that the re will be another meeting of the Bicycle Trail Committee on February 24th and 7:00 P. M. in the Library Conference Room. Mr. McBrayer stated that the presentation will incorporate comments and suggestions made at the meeting of January 13th. He noted that Cherry Hills Village has a b i cyc l e trail s y stem, one of which stops at East Quincy Avenue and South Clark son Street; h e suggested that the City of Englewood might extend a trail to t ie in with the trai l in Cherry Hills Village. He stated that there will be publicity in both the Englewood Sentinel and the Englewood Citizen. Ms. Powers stated that repres entat i ves of Prowswood, Inc. will be bringing in their plans this week or next week . She stated that she would be able to bring the COlmllis s ion 1110re up-to-date at the next meeting. Ms. Powers stated at the next meeting o f the Commission, she would give a progress report on the Downtown De v elopment Authority and the plans on which they are worki ng . City Council did approve the ordinance which would allow the City to enter into the joint planning process with the Authority and Brady Enterprises; this agreement has yet to be signed, but will be shortly. Ms. Powers stated that she plans to use the Planning Commission as the citizen board to review what she is doing in regard to the Downtown Development Authority. Minutes from all the meetings will be written up and made avai lable. Ms. Powers stated that there are three individuals on the "DSIIagement team"; she represents the City of Englewood, Bob Joyce represents Brady Enterprises, and Mr. Fred Kaufmann represents the Authority until such time as a new executive director is chosen. This • I • • • • • • -9- manage~t teaa is to oversee the work of the Downtown Develop~t Authority. Ks. Powers stated that she feels it is important that issues are discussed as soon as they arise, and that she will be doing "white" papers, or re- ports, on these aatters. Ms. Powers stated that she would anticipate the Planning consultant fira that has been engaged, Design Workshop, Inc., will aake a preliainary presentation to the eo.mtssion within the next six weeks or so . Mrs. Pierson asked if there was further business to co.e before the Coa- aission? There being no further business, the meeting was adjourned at 8 :20 p.a. • .. I • • ( • • • - CITY OF ENGLEW OOD PLANNJ G AND ZON ING COMHISSI O J anuary 2 7 , 1981 I. CALL TO ORDER. 5 c The special ~etina of the City Plann~na and Zoning eo..ission vas called to order at 7:00 P. M. by Chairman Judith B. Pierson. Me.bers present: Barb re, Williams , Tanguma, Senti, Pierson, McBrayer, Draper, Ca rson, Becker Romans, Acting Ex-officio Members absent: None Also present: City Attorney DeWitt ; Associate Planner Barbara Youn g ; Police Chief Holmes Mrs . Pierson stated that there i s only one item on the agenda for the special meeting this evening, and that dea ls with the proposed amendment of the Ca.prehensive Zoning Ordinance . She noted that a sign-up sheet is being circulated, which would i ndicate those persons who wished to address the Comaission. She asked that this be presented to the Com.ission upon completion. Mrs. Pierson introduced Mr. Rick DeWi tt and announced that appointed as the City Attorney for the City of Englewood. stated that she understood that Ms. Susan Powers, Director Development, would not be present because of illness. he was recently Mrs. Pierson of COIIIIIUnity Mrs. Pierson stated that members of all boards and commissions are appointed by the City Council, and that any member of the audience who would be in- terested in serving on any board or commission should make application to the City Manager's office , who would then forward the applications to the City Council for the ir consideration. She noted t hat the applications for the vacancies that would occur on February 1 are closed, but that vacancies do occur throughout the year and persons should indicate if they are interested. II. COMPREHEN SIVE ZONING ORDINANCE CASE #1 -81 §22.4-10, B-1 Bus i ness District §22.4-11, B-2 Bus iness Distr ict §22.4-13, I-1 Industrial District §22.4-14, I-2 Industrial District §22.6-11, Non-Conforming Use Carson moved: Barbre seconded: The Public Hearing on Case #1-81 be opened. AYES: Becker, Barbre, Williams, Tanguma, Senti, Pierson, McBrayer, Draper, Carson NAYS: None The motion carried • • I • • • -2- Mrs. Pierson Planning Co mission will i ndiv iduals. • - asked for he s a f report, a fter which presen tation the ission will be 11owed to a~k queqtions o staff; th e Com- then get into co cots from the Ci y Attorney and o ther Mr s. Dorothy Roman s was s~orn in, and tPstified hat she resides at 3600 South Banno c k Scree , Englewood, Colorado, nd is the Assistant Director o f Communit y Developmen in t~e Planring Division. Mr s. Romans presented a copy of the certification of Public Notice which appeared in t he of icial Ci v newspaper on January 7, 1981 , to the Recording Secr etary for the record. A cory of the staff report, wh ich was sent to the Planning Commission on January 23rd, was also present ed to the Reco rd ing Secretary for the record. Mr s . Romans stated that she would r eview he proposed amendments to the Compr ehensive Zoning Ordinance , and poin t out wha t he amendments are in- tend ed to accomp lish . Mrs. Romans stat~d hat the sec t ions of the Co mpre- hens i v e Zoning Ordinance which a r e to be considered f o r amendment are §22 .4-10 , B-1 Business District; §22. -11 , B-2 Business District; §22.4-13, I -1 Indus t rial Dis trict; nd §22.4-1 , 1-2 Industrial District. Al so pro- posed is t he addition of a new subsect ion to §22.6 , Non -conforming Uses , which pr oposed subsection would require the termination of a ny adult entertai nm ent business not in con formance wi t h the proposed ame ndm e n ts to §22 .4-10 , §22.4-11, §22.4-13, and §22.4-14, within 180 days followin g finalizat ion of the proposed amendments. Mrs. Ro mans called at t ention to th e Comprehensive Zoning Map on the wa ll of the Cit y Coun cil Chamber s, and indicated which areas were designated for residential use, wh ich areas are for busin ess development, and which areas are f o r ind u strial development . Hra . Romans stated that the proposed am endmen t s of §2 2.4-10, §22 .4-11, 1 22 .4-13 and §22.4-14 of the Comp r ehensive Zoning Ordinan ce would prov i de t ha t there be no l ess than 1,000 feet between any one adult ente rta in- ment use and the property line of another such business , and that no adult e nt e r tainment business would be permitted wi thin 1,000 fee t of the property line of any church, school, park, playground or public building, o r within 1,000 feet of any property zoned R-1-A, R-1-B, R-1-C, R-2, R-2-C, R-3, o r R-4. The following sections, §22 . -10, §22.4-11 , §22.4-13, and §22.4-1 4, will be amended to include a Legislative Declaration , Purpose, De fin itions, and a Prohibition. A moratorium on the es t ablish- ment of an adult enterta inment business would be imposed for six mo nths or until suc h t ime as a permanent "adult entertainment" ordinance is adopted, whichever would occur first. Mrs. Romans noted that the term "establishment" of an adult entertainment bus i ness shall include the opening of such business as a new business, the relocat ion of suc h business, or the conversio n of an existing business location to any of t he u ses described in §22 .4-10 h (3). Using an overh e a d projector, Mrs . Romans and Associa t e Plann er Barbara Young displayed maps show ing the a reas of the City t hat are zoned f or coaaerc ial and ind ustrial use at the present time, and where the adult entertainment uses could l oca te under the present regulat i ons. An over- lay which indic ated the l ocation of all school s, publ i c buildings, parks, playgrounds, and churches was ind icated, as well as t he locat i on of all the res i dent i a l zone districts . By imposin g the 1,000 foot limitat i on • I • • 0 • I • • • • -3- as proposed i n t he a mendments to the Comprehensive Zo n ing Ord inance , an additional ov e rlay wa s d isplay d indicating a ppr ox ima t e are a s where the adult entertainment uses could l ocat e . Th e s e areas are general ly along sections of South Santa Fe Dr i ve , and an are a in northwest Englewood. Mrs. Romans closed her presentation by announcing tha t the City Council will hold a Public Hearing on the proposed amendment of the Comprehensive Zoning Ordinanc e on February 5 th at 7:00 P. M. Mra. Pierson asked if members of the Commission had any ques tions of Mrs. Romans? Mr. Tanguma asked how the area on West Union Avenue was decreased from what had been projected previously ? Mrs. Romans stated that the area indicated on this overlay takes into conside ration such uses as the fire training tower and the Allen Filt er Plant. Mrs. Romans stated that she did not really fee l comfort able using these two uses as "public buildings", and she felt that further clarification wi th the City Attorney on this point is needed. Mr. Draper asked how the 1,000 foo t limitation was arrived at, rather than using 2,000 or 3,000 feet ? Mrs. Romans stated that she would defer to the Cit y Attorney. Mrs. Pierson stated that the Commission would now ask for comments from City Attorney DeWitt. Mr. Ri ck DeWi tt was sworn i n , and testified that he is the Englewood City Attorney. Mr. DeWitt stat ed that t he matter of the 1,000 foot limitation was a staff decision to mak e; the Courts have permitted distance limitations of 500 to 1 ,000 feet between the adult entertainment businesses and churches, schools, parks, play grounds, residential districts, and other adult enter- tainment businesses. Mr. DeWi tt emphasized that the i mportant point to be consi dered this evening is the matter of the amendment of the Comprehensive Zoning Ordinance . Mr. DeWitt state d that the Plann i ng Commission is dealing wi th the matter of "neighborhoods "; the needs of the neighborhoods, how they function now, and what the c itizens of Englewood want for their neighborhoods i n the futur e . He po int e d out tha t the Commissi on must face the questi on of c omp a tib ilit y o f the adul t entertainment businesses with the n e ighborhoods. Mr. DeWi tt stated that the City has residential areas that have been f l o urishing for man y yea rs , and an active business community. Mr. DeW i tt s t ated t ha t the p r ob lem that ma ny people see is that of obscenity and po r nogr aphy, but t hat i s a question to be dealt wi th by other legis l at ive bodies. The Plann i n g Commission is to deal with the matter of zoning. Mr . De itt stated t ha t Cit y Council is to be con- sidering different ord i nan ces that are concerne d wi th the matter of obscenity and po r nography . Mr . DeWi tt s t a t ed that the City of Englewood doe s not have a "bad problem" right now , bu t th e City Council felt that steps shou ld be taken now to control the adult e nt e rtainment uses rather than waiting until t he problem r e a c hes serious proportions. Mr. DeWitt stated that the pr o pose d amendmen t s take into consideration proposals that have been c onsidered by Courts, not nec essarily in the State of Colorado. Th e proposed amendme nt would disperse the adult entertainment uses in an attempt t o limit th e effect of those uses as much as possible. Mr. DeWitt emphasized that the proposed ordinance amend- ments do not mean t hat the City of Englewood is "authorizing" adult en- • I • • • • • • -4- tertainme nt u ses. Mr. De wit noted hat, as ated in the proposed ordinance am ndme nts , the "purpost! i. to e ablish t he zoning for and location of sexually-oriented busin Si 5 ad ac tivities which: (a) are not a nuisance, and (b) do not viol~te the provisions of the Colo rado Criminal Code regarding sexual conduct, obscene matter o r harmfu l matter. Nothing in t his St!Ct <>n c.uthor!zes, le alize or pt!rmi t'l the establish- ment, operat ion or m·in enancc of <~ny bu in s, building o r activity wh ich violates any mun icipal ordinanLe or provision of th e Co lorado Criminal Code or Civil Code regardln~ ~uisunces , sexual condu c t , obscene matter or harmfu l matter." Mr. uewJtt: empha•.izE>d if such businesses are prohib ited at the pres en t t ime, th proposPd amendmen s would not allow them. Hr. DeWitt stated that the Cour q h~ve approved of the concept of dispersing these uses and protecting resident 'al nei~hborhoods . He poin e d ou t t hat the City of Detroit us ed the 500 to 1,000 foot limi ta ion in their ordinance, and in the suit filed against Coleman A Youn~, Mayor of De troit, by American Mini Theatres , Inc., the di tHP-' li itation we re upheld. Mr. DeWitt emphasized that he feels zoning restrictions a nd controls are the only way to deal with this t ype of busin ss. Hr. DeWitt then discussed the case wh rein th~ Seattle , Washington, Courts upheld the imp osition of a time limitation on non-conforming uses . Mr. DeWitt stated that this conc ept has been ado pted by Coloradc Springs in an attempt to elimi n a te adult entertainment uses which have become non- conforming, and that he is watching progress in th a t Ci t y quite closely . Mr. DeWitt also discussed t he City of Jacks on v ille, Flo rida, which had serious problems with adult entertainment businesses . By r e fining their ordinances, they have been able to control the prol iferation of the adult entertainment uses and the effect t hese uses had on t he neighb orhoods . He pointed out that th e City of Jacksonville has been in court at least six times during the process. Mr. DeWitt stated t hat the l egal staff of the City of Englewo o d is willing to take whatever legal steps can be taken to assure tha t the c ommunity is not adversely affe c ted by t he adult entertainment u ses. Mr . DeWitt pointed out that the Ci t y Coun cil is talking a bout licensing as a means of control, in addition to criminal san c tions and zoning regulations. Mr. DeWitt stated tha t t his o rdinan ce is proposed as a "temporary" measure, and that the staff needs additional ti.me to fu rther study the facts on all the cases that Mr. DeWitt has previously ci ted . He also pointed out that there will be legislation before the state legis lature during this session that will address the question of obscenity and pornography on a state- wide level and he would like an opportunity to review this before finalizing our ordinance . Mrs . Be cker asked why the adult entertainment bus inesses have to be per- mi tted in the City at all? Mr. DeWitt stated that it is no t a question of "permis sion". He pointed out th a t in t he De troit case previously cited, the Supreme Court had a very difficult t ime dealing with the question of pornography vs. free speech. Mr . DeWitt pointed out th at the Colorado State Supreme Court has t wice st ruc k do s tatutes dealing with obscenity and pornography on a state-wide basis. Mr . DeWi tt stat ed that if the legislation is not "effective", it is not going to do any good. The Courts have stated that the a dult ente rt ainment uses may not be "totally • I • • ( • • • - -5- banned", and by using the zoning controls and dispersing the u s e s , it is fe lt that t heir i mpa ct on the communi t y would be reduced. Mr. DeWitt empha s ized tha t the z o n ing ordinance amend nt s would not dea l with "illegal criminal conduct"; this w l d be handled under other codes. Mr. Tanguma ques tioned why the proposed amendme nts would be "temporary" rather than permanent ? Mr. I eW i t r e iterated that the staff needs addi- t i onal time to study the full fact s on other cases. He stated that t here may be new cases in Co lorado , and he felt the staff should have the op- portun ity to write the ordi nance i.n such way that it will be as fina as possible. He stated that he wanted t o work on a better definition of public buildings and public s truc tures, and to have an opportun ity to review more legislation f rom other c ommuni t ies . Mr . McBrayer asked why we are inc l uding the non-c onforming use provision which would r e quire r elocat ion o f a non-conf o rming use within 180 days if it is a pos s i b ilit y of being d efea ted in a Court case? Mr. DeWitt stated that he feels t here is au t hority t o d o so from the case in Seattle, which set fo rth a 90 day time limitation. He stated that he would like an op po rtunit y to d o more research on this matter also, because the case give s some of t he backg round, but not all of it. Mrs. Pierson announ c ed t h a t tho s e pe r sons wishing to addre ss the Planning Commi s sion s houl d c ome forth to the podium, be swo rn in, and give their name and address f o r the r ecord. Mr. Donald L . R. Smith 3165 South Sherman Street -wa s sworn in , and sta ted that he would like t o commend the Commission for their considera- t i on of this matter. Mr. Smith stated that a great number of people had called him and asked him t o s peak t o the Comm i ssion on this matte r. Mr. Smith stated that he under s t o od Mr. DeWi t t 's concern that the ordinance be written s o that i t wi l l withstand tests in t he Cour t s, and that the laws enacted mu s t be "effect ive". Mr. Smith stated that he has reviewed the propo sed ordin an ce wo u l d would s uggest that the wo rd "interim" be omitte d f rom the legis l a t ive dec l aration s ection of the pr oposed ordinance before i t i s r ecomme nd e d t o City Co unc i l . Mr. Smith stated that he realized a lo t of law suits are filed in r egard to the ques tion o f obscene ma t e r ial and that some are not acted on , and o t hers result i n the ordinances and sta t u t es being st r uck down by the c o u rt s. Mr. Smith questioned that six months was long enough to really look in t o wha t needs to be done to con t rol the adult entertainment businesses, and to enac t wha tever legisla- t ion needs to be enacted . He pointed out that if this measure is approved a s a "temporary" means of control, the Commiss i on and Council will have t o go through t h is process again in six months to enact a permanent legisla- tion . He asked wha t would happen if there we r e to be a time lapse --the six mo nths had expired and the new legislation was not yet in effect? Mr. Tanguma asked Mr. Smith if he knew of any s tudies that have been done on t he i mpac t of th is type of busin ess on s urro unding businesses and resi- dentia l uses ? Mr . Smith s t ated tha t he has not done any such studies, but that he knows people wh o own property along East Colfax Avenue, and is aware of the iru pact they have e xp erienced on their property from the adult entertainment b usinesse s along this street. Prostitution has in- creased, as has the ge ner a l c rime rate around this area, and it has had an adver se impact on the rental propert y in the area. Mr. Smith pointed out tha t there i s a massage parlor on South Broadwa y not too far from his • 0 I • • • • • - -6- home, that "becomes v ry active 1o1he n the llun o that in hi opinion, the ~ s nge parlors, nJul forms of ad ult ent~>rtainme n t buslnes s e o••ra activities: ug~ings, p ros 1 u ion , etc. <; do,;.,.,," He sta e d bnok stores, a nd other an increase in illegal Mrs. Becke r asked Joir. Smi th wt.e t ber of he p ropo sed amendmen ts to he Zon i ng Or dinanc e ? t hat he is in sup- port of the proposed am ndme n t s. H wou ld personally pre- fer that this t yp of bu s ines , be b11 n t u• Git y , but realized that t he Courts have ruled that the busines b( !J nn e d. He stated that there is no sense in pa ss i ng 1 .:s 11 orceable, and that he felt the means of c ontrol through th :w iug r !'!ll t ions could be e nforced. Mr. Smith s tated hat h fe l[ t he r1 y would be b .. "t r o ff taking the legal approa ch that has b et n tr led and app r ov d i n o t he r a reas . He pointed out that the 1,000 f oot l i mitation r ,•,;.,]ts in a very small area of the City that would permit suc h type of b u ~lnes se s . Mr. Smith stated th a t he does support the propo s ed o r dinance , but he !"u gges ts that the six month t emporary clause be remo v.·d. Mr. Smith asked that th o se inc!ividual s t hat a«kod hi m t o speak be allowed to stand . Chairman Pierson aske d those individu als to s t and ; approximately 30 -40 people stood indicating ha t th ey had a s k e d Mr. Smith to speak on this matter . Mrs. Pierson asked Mr. DeWitt if there wa s a r eason he ch ose the six month temporar y basis? Mr. DeWit t stated that he fee l s the additional research can be accompl ished in six mon th s . Mrs. Pi e s on asked how long it takes to get an ordinance passed? tlr. DeW i tt star e d tha approximately 60 days from the time of introduc tion t o c ompl e tion is required for passage of an ordinance if i t is not done on an emerge ncy ba s ls. He acknowledged that there is a great dea l of work to be done, bu t feels that the staff can do it. Mr. Eldon Lloyd 139 West Dartmouth Avenue -wa s sworn in. Mr Lloyd stated that he felt the prolifera ion of obscene and pornographic material and adult entertainment busin qses iq a c ommunist plot to defeat the United States Government through he co rruption of its you th. Mr. Lloyd cited sever al scriptures , and s taled that he felt more attention should be paid to "God's laws". Mr. Lloyd stated that the books tores a re filthy and corrupt the mind of those who patronize hem. He stated that he felt we should do whatever we can to take the people wh o want pornography to Russia, Cuba, or some other place, but to get them out of the United States. Mr. Lloyd stated that he believes there are co mmu nis ts in the senate and house of representatives, but they a r e in dis guise. He urged that each i n dividual running for offi c e be studied and questioned thoroughly before one casts ones vo te. Mr. Bob Francis Firs t Federal Savings 4301 South Broadway -was s worn in and ~~ate d that he fully supported the proposed ord inance. He stated that First Federal has been at that location about 20 years, and just recen tly an adult en- tertainment business moved in across the street. He stated that they had checked around to see if there was anything they could do about this type of business, and found that it is extremely dif ficult to get r id of this type of operat ion. Mr. Francis s ta ted that the off icers of Firs t Fe deral • I • • ( • • • - -7- Savings do fully supp rt th~ proposed ordinanc , and feel the City is on the right tr ck. Mr. Francis stated that the residents of the area are concerned about the imposition of this adult entertainment business in their neighborhood, as are the surrounding businessmen. Pastor Smith First Baptist Church 3170 South Broadway -was sworn in, and stated that he r epresented approxi- mately 1,000 members of his chur ch, most of whom live in Englewood. He stated that he wished to express the appreciation of the congregation nd of himself to the Planning Commission for considering this matter. He stated that the well-being of the community is very important, and the matter of the adult entertainment businesses certainly effects the well-being of the community. Pastor Smith stated that the question was raised earlier as t o what ef f ec t the adult entertainment businesses have on a neighborhood and a community. He pointed out that there is a massage parlor within 100 feet from the First Baptist Church, and that a numbe r of things have happened along this part of So uth Broadway since the massage parlor moved in. Pastor Smith stated that he has noted a "different type of person walking the street" since this busines s opened and there has been an increase in break-ins in the church since this business has been across the street . The people that have been caught during those break-ins have s aid that they were patrons of the massage parlor. Pa stor Smith noted that on one occasion, on e of the c hurch staff cars was hit and the ind i vidual who came into th e church to report hitting the car admitted that he was in the area to pick up a prostitute working at the massage par lor. Pas tor Smith stated that there have been cars broken into during their church services ; office doors have to be locked wh ile secretaries are in the building because on several occasions the ladies have been surp rised by "strange" people walking in on them. Pastor Smi t h stated that the ladies working at the church have been given "devices to de-commission" the indh,iduals who have wandered into the church, if necessary, until the po lice arrive. Pastor Smith s tated that in other areas, he has, over a period of years, watched the deterioration of neigh- borhoods, and he feels it is directly related to the type of business that is under discussion at this t i me. Pastor Smith stated that he sup- ported the proposed amendment to the Zon ing Ordinance and wanted to compliment the staff and Commission for considering it. Hermine Lorenz 4525 Sou th Pearl Street -was sworn in. Mrs . Lo renz stated that she has a peti t ion with 663 signatures of persons who are concerned about the opening of the Adult Cen ter on South Broadway. Mr s. Lo renz stated that she is shocked that anything like this business could be permitted in a neighborhood as nice as the one in which she lives has been. She stat ed that she felt it is a neces sity that s tern measures be taken; half-way measures will not accomplish anything. Mrs. Lorenz pre ented the petition to Mrs. Pierson for the record . Mrs. Pierson read the Petition Heading , which is as follows: "We the undersigned, vehemently oppose the establishment and operation of an "Adult Center" (pornographi c books, films and other materials and activities), a t 4370 South Broadwa y , Englewood. "We feel that such an establishmen t is absolutely not suitable for this family-residential neighborhood, since it is within close proximity of churches, public and parochial schools and playground s • • I • • • • • - -8- "We have up to now enjo·eu a clean and certainly wish to kt'l'P it that a{.'' sirabl nei hb rhood and we Mrs. Pierson noted that th retition is ddre attention of Hr. Wanu sh; and is dircc ed business rather than reg rding ~h· t o Ordinance. She asked if it was p nr petition ? Hr . DeWitt stated hat he the petition. Hr. Bill Taylor d ~ 1 tty Manager Mc Co wn, tion to a particular h mprehenqi v Zon ing i sion to ace p t the t' p r op er to accep t 4350 South Pennsylvan ia -wa s svorn in . He sta ed that his daughter c ame home from c llP~ nnd ~~~ the adu lt book store on South Broadway, and a sked him o do something , so he is a ttending the meeting this evening. He stated that tht' o r dinanct' should be made tough enough that these businesses could not ope r te. He sta ted that he knew the City had tough ordinances, and ci e d his attemptq to co nstruct a patio and the inspec t ion s he had t o go hrough to g Pt a pprov al by the Building Inspector . He also cited OSHA standards , an d stated th at "OSHA can run anyone out of business i thcv want t o." Mrs. Cindy Rausch 4437 South Lincoln Street -wa s sworn in, and stated that she is the mother of two small boys , and lives very close to the one adult entertainment center in the 4300 block of Sou th Broadway. She stated that the Courts t alk about the r igh ts of the i ndiv i duals to go into this line of business, bu t she felt she had a right to live in a n ice neighborhood and to raise he r child en free o f t he e lement of fear that she feels now as a r esult of this b usines s being in the neighborhood. She noted that there is a bar right next d oo r to t he Adult Cen ter on South Broadway, and that there are enough problems living in a neighb orhood that has a bar, let alone t he combina t ion of the bar and the adult e ntertain- ment business . Mrs. Rau sch stated that she f eels very s trongly on this matter, but she had people warn her it wo uld be better not to openly op- pose the business and "not t ole them know who s he is". Mrs. Rausch stated that she is afraid in her own home; sht' is a fr aid to let her little boys play in their own yard, and she doesn't think t ha t it i s fair that this fear must become a part of their lives a s a r e sult of th i s business. Mrs. Rausch stated that she felt the proposed amendments "had t o go through ." Hr. Bob Bell 245 East Girard Avenue -wa s sworn in, and stated t hat he has lived in Englewood since 1962, and went through the Englewood Public School system. Mr. Bell discu ssed the correla tion of pornography and the crime rate, and noted that he spent a considerab le amount of time in Japan where they have an extremely low crime rate . Hono lulu, on the other hand, has a lot of adult entertainment centers and an extremely high crime rate. Mr. Bell noted that at one t ime, Denve r had th e highest rape rate in the United States. Hr. Bell further discussed a case in Englewood several years ago of the "ho oded rapist "; be noted that be had gone to school with t h e young man who was eventually found res ponsible for these crimes, and discussed the background of that young man . Hr . Bell stated that in his opinion, there is a d irect correlation between the dissemination of pornographic materials and this type of criminal behavior. Hr. Bell stated that there are many states that have legislation concerning obscenity and pornography that have been accep t e d across the l and , and stated that he felt Englewood could well write such an ordinance . He urged that every- one should work together and get this o r d inance passed • • I • • n ( • • • - -9- Mr. Sumner 3368 South Pennsylvania -was sworn in, and asked to address a question to the City Attorney. He stated that he was concerned that the six-month period was not sufficien t time for the additional re- search and study that Mr. DeWitt wants to get into. Hr. DeWitt stated that he feels six months is a satisfactory ..aunt of time to get the research comp leted and to present it to City Council so they will hav e time to deal with the question. Hr. DeWitt ~basiaed that he feels furt.her ordinances are necessary. Hr. Sumner again asked if Mr. De Witt felt the six month period was of sufficient length; he emphasized that his father is in government in an- other state and he is aware of problems that can arise that might cause this issue to be given a lower priority. He suggested that perhaps a years time might be given to allow the research; if he understood the process correctly, this would not preclude the research and enactment of further measu r es from being done prior to the expiration of the year. Mr. DeWitt reiterated that the City Council has directed him to pursue this issue; they are committed to the con trol of the adult entertainment businesses within the six-month time element that has been discussed. Mr. DeWitt stated that legislat ion could be introduced prior to the con- clusion of the time element. Mr. Sumner add ressed the Commission and suggested that if the one year time element could be included in the ordinance rather than the six month period, thi s would not tie the City Attorney's hands if some other matter came up that had to be dealt with immediately, and would be a compromise between Mr. DeWitt's proposed six month time period and Mr. Smith's sug- gestion that the ordinanc e be made permanent at this time. Mr. Jonathan Epps 769 West Oxford Avenue -wa s s worn in and stated that he is 18 years of age, and graduated from high school this past spring . Mr. Epps discussed the pornography that is circulated through the high school students, and its effects on some of the students. He s tated that those students who did not have a good set of parents seem to think only about the pornography and not about the need of a good educ ation. Mr. Epps stated that t he problems that Englewood experienced with teenage r s cruising on Broadway on Friday and Saturday nights was wi th the type of teenager who is interested in pornography ---they want to go out ahd have a good time and "find women ." He stated that he felt if such places of business could be eliminated a lot of the problems with teenagers wo uld be solved , and a lo t of general problems would be solved if that type of place were "out of the r e ach of the public." Mr. Tim Ausfahl 4509 South Broadway -was sworn in , and stated that his parents grew up i n Englewood, and that he did also. He stated that his business is one and one-half blocks from the Adult Center on South Broadway, and that he is against having a business like that in this area. Mr. Ausfahl stated that in his opinion, the entire area has been degraded. He urged the proposed amendments be approved, and thanked the Commission for their consideration of the matter. Mrs. Pierson asked Chief Holmes to come to the podium, inasmuch as there were some questions that the Commission wished to address to him • • I • • • • • - -10- Chief Robert Holmes 3615 South Elati Stre t -was sworn in. Mrs. Marjori Becker stated that she is very concerned a out having any of t he adult ntertainm nt establishmcn s located in the City of Englewood. She asked Chief Holme s if he was aware of nny ~tatistics that would in- dicat e the effect this type of business has on a community, and if this was passed as a temporary ordinance , woul he be working directly with Mr. DeWi t t and the staff so that the Commission can hav e a clearer picture as t o the effect on the community of these businesses? She asked if there were any s tat istics on the crime rate --does it r ise and can it be traced to the s e b usinesses? Chief Holme s s t ated that these businesses do end o bring an undesirable element into a community. Chief Holm s sta t ed that he has worked with t he City Attorney and the s t aff and is awa e of the proposed ordinance , a nd would s tron g l y support the ordinance. He s ated that the ma te r of z onin g controls is probably the best route t o pursue to con trol the proliferat ion of the adult ent e rtainment businesses. Mr. Mc Brayer a sked Chief Holmes if there had been an incr ease in t he c rime rate in near proximit y t o the adult entertainment businesses th at h a v e been e stablished i n Englewood ? Chief Holmes noted that the r e has been an increase i n violent and s ex-r elated crimes all over t he Uni ted States, and in areas wh e re t he adult e nt ertain me n t businesses have b een in opera- tion for longer periods of t ime . Chief Holmes pointed ou t that a majority of the patrons of the adu l t e ntertainmen t businesses a r e being frequented by people who do not live in t he area. Mr. McBrayer a s ked if any studies have been done to determine whethe r or not these businesses are r elated to "organized c r im "? Chief Ho lmes stated that "organized c r ime" does n o t necessar ily mean being t i ed in with the Maffia, but it can be a local organization , and ma y or may not be affiliated with a nation a l or s tate-wide organization. Chief Holmes s tated that there are two e stabli shment s i n the City of Eng l e wo od a t the present time that appe ar to be owned by c ompanies t hat are af f i l ia ted with each other; officers i n one compan y are also officers i n t he other company. These companies and i ndividuals hav e had businesses in Co lorad o Springs and Pueblo, and in other part s of the Denver metro area . Chief Ho lmes stated that these do appe ar to be "or ganized crime" at th is level. Mr. McBrayer asked if he und erstood that it was not jus t on e man starting a bookstore then, but is tied into a large r element? Chief Holmes stated that they "ar e not talking about an innocent man s tarting a bookstore." He furthe r d iscussed indic tments and upcoming trial s o f i nd ividuals in Pueblo, and the close relation ship of thes e individuals wi t h the adult entertainment operations i n En glewood. Mr. McBrayer s t ated that h e a pp reciated the attendance o f the Chief of Police at this meeting. Mrs. Becker asked wh e the r t he 1 ,0 00 f oot rule as suggested in the ordinance would apply only to Englewood uses and resid ential zones, or would it also apply to schoo ls, chu r c h es , parks, playgrounds , a n d r e sidential uses that might be in othe r ad jacent municipalities? Mrs . Romans stated that this is a point that would h a ve to be clarified with the City Attorney. The Planning staff has taken the position in the past on provisions such as • I • • ( • • • • -11- screening of industrial uses from reaid ntial uaea, that it did not matter whether th residential uses w re within the city or not; that the residents should be screened from the impact of th i ndustrial use. Mrs . Roaans cited an area in northwe st Englewood where Denver baa residential zoning across South Zuni Street to the w st ; she stat d that ahe felt the 1,000 foot limita t ion !bould be applied in this instance. Mr. Tanguma asked what effect a 1500 foot limitation would have ; would more area be eliminated where these uses would be permitted? Mrs. Romans stated that if the 1,500 foot limitation were imposed, it would probably be excessive for a community of our area. Mrs. Pierson asked if there was anyone else who wished to address the Commission in support of the ordinance? No one spoke further in support of the ordinanc e. Mr • Pierson asked if there was anyone who wishe d to address the Commission in opposition to the proposed ordinance ? No one spoke in opposition to the p roposed ordinance. McBrayer moved : Carson seconded: The Public Hearing on Case #1-81 be closed. AYES: Carson, Be cker, Barbre, Williams , Tanguma , Sen t i, Pierson, McBrayer , Draper NAYS: None The motion carried. Mrs. Pierson announced there would be a recess of the Commission at 8:40 P. M. The meeting reconvened at 8:50 P . M. Present: Draper, Carson, Becker, Barbre, Williams, Tanguma, Senti, Pierson, McBrayer Absent : None Mrs. Pierson asked how the Commission wanted to proc eed on this matter? It can be tabled for furthe r consideration at a later date, the Commission may make a decision to recommen d app r oval to City Co un c il as written, or may determine t o recommend approval with amendments. Mr. Tanguma stated he would like to discus s it further at this meeting, and possibly amend the proposal. Mr. Tang uma stated that he would like to make this a permanent ord i nance rather than an i nterim measure. Tanguma move d: Draper seconded: The Planning Commission recommend to City Council that the amendment of §22.4-10, §2 2 .4-11, §22.4-13, §22.4-14 and §22.6 of the Comprehensive Zo ning Ordinance, as set forth in Case 01-81 be approved, with the addition of an amendment eliminating any reference to a six month period or interim period, and t hat this be made a "permanent ordinance". Mr. McBrayer stated that he is against this amendment to the proposed ordinance. He noted that the City Attorney and staff have requested the additional time to study some cases further, and that they have also in- dicated that they think t he six month period is ample time to get the ordinances in shape to enact on a permanent basis. He stated that he would rather see th is o r dinance passed as wr itten . • ) I • • • J • • • • -12- Hr. Tanguma also noted t hat discussion w~ held at the las t meeting on the possibility of changing the wording in r e erenc to an dult book- store from "significant portion of it "tock in trade" to state "10% of the stock in trade." He sated that he f lt this is an amendm nt that should also be made. Mrs. Pierson asked Mr. Draper if he would approve addition of such an amen dment to Mr. Tanguma's motion. Mr. Drape r stated that be wou ld not agree to that amendment. Mrs. Pier son called for the vote on the motion. AYES: Tanguma NAYS: McBrayer, Draper , Carson, Becke r, Barbre, Wi lliams, Senti, Pierson The motion failed. McBrayer moved: Barbre seconded: The Planning Commission recommend to City Co unci l that the Comprehensiv Zoning Ord inance , §22.4-10 , §22.4 -11, §22.4-13, §22.4-14 , and §22 .6 be amended a s recommended in Case Ul-81, and that t he proposed amendments be ap- proved a s written . Mr. Tanguma stated that he feels "s ignificant po rtion" i s rather vague, and would rather see a specific figure set fo rth in reference to the amoun t of materials that deal with "sexual condu ct" or "specified anatomical areas." Tanguma moved: Becker seconded: The motion be amended to state that "10% of the stock in trade" shall be charac teri zed by an emphasis on depicting or describing "sexual conduct" or "s pecified anatomical areas." Discussion ensued. Mrs. Becker asked what the Court cases have indicated in the past on the matter of the amount of stock. Mr s . Pierson stated that she understood that the courts have approved a figure up to 10% to be a significant portion. Mr s. Be cker s tated that she wo uld hesitate to impose a specific figure lest someone would want to take it a step further and start citing public libraries, which she felt could be a possibility. Mr. McBrayer pointed out that an establishment could stock only 8% of the material that would be pornographic or obscene, but could continue to do so if the 10% figure were to be set f o rth , whereas the "significant portion" is open to interpretation. Mr. Tanguma asked who was to determine what a "significant portion" is; he pointed out that the 10% is a definite figure. The vote was called on the motion to amend: AYES: Tanguma NAYS: Sent i, Pierson, McBrayer, Draper, Carson, Becker, Barbre, Williams The motion failed . Mrs. Pierson stated that the Commission i s now back to considering the motion by Mr. McBrayer, tha t is, to r ecomm end approval of the amendments to the Comprehensive Zoning Or dinance as written. Mrs. Be cker stated that she has attempted to take into consideration every- thing that has been discussed at the meeting this evening, and is attempting • I • • ( • • • • -13- to justify t he est ab lishment of an aJ lt ~nter ainment center in her city --this is a very personal mat er to her , a nd he h s a problem divorcing herself and her feelings from the legal aspec t s of the case. She stated that her personal preference wo uld be to ban the m from th Ci ty altogether . But, in listening t o th testimony tonight, she would hope that within six months, the City could consider an ordinance that is e ven more restrictive. Mrs. Becker stated that she would vot to approve the amendment of the Comprehensive Zoning Ordinance. Mrs . Beck er then sta ted that she did not know whether any oth r memb r of the Commission had ever been into an adult bookstore, but she had talked a friend into go ing into t he one in the 4300 block of South Broadway wit h her. Mr s. Be cker stated that she found it an appalling, nauseating experience; that she felt dirty just from being in the establishment, and that it wa s nothing but filth that was dispensed from this partic ular establishment. Mr. Tanguma asked if the amen dment is pproved as writ ten, with the six month period before a perman e nt ordinanc e is enacted, would this mean that the e s tablishment o n South Broadway wou ld have a six month grace period without having to move ? Then af t er the o rd inan c e i s permanent, would the business still have addit ional time after it is made non-conforming to re- locate or terminat e? Mr. DeWitt stated that is c o rrec t. Mrs. Pierson called for the vote on the motion t o recommend approval of the amendments to th e Comprehensive Zoning Ordinance : AYES: Pierson McBrayer, Draper , Carson , Be c k e r, Barb re, Williams, Senti NAYS: Tanguma Mr. Tanguma asked if he could change his v ote; he is not in opposition to the amendment of the Com prehensive Zoning Ord inance, but wants to bring the matter o f making it a permanent ordinan ce up again for further consideration. He stated that he had intended to vote in favor of the proposed ordinance amendment. Discussion ensued. Mr. DeWit t stated t hat the vote has been cast. Mr. Don Smith addressed the Commission, stated tha t he is a parlimentarian, and that inasmuch as Mrs. Pierson had not yet announc ed that the vote had carried by a given ma r gin, he felt Hr. Ta nguma could indeed change his vote . The Ch a i r ruled that a s econd vote should be taken if it were the pleasure of t he Commission members to clarify Mr . Tan guma 's position. Carson moved: Tanguma seconde d: That a second vote be taken on the recommendation to City Council. AYES: Tanguma, Sent i , Pierson, McB r ayer, Draper , Carson, Becker, Barbre NAYS: Williams The motion carried. Mrs. Pierson then called for the second vote on the recommendation to City Council to approve the proposed amendments to the Comp rehensive Zoning Ordinance, as written. Mr. Tanguma stated that he would like to discuss the matter of the temporary versus permanent aspect of the ordinance. Mrs. Pierson ruled that this could not be done; t hat Mr . Tanguma had asked only for a second vote on the motion • • I • • • • • .. • -14- The vote vas c alled : AYES: Will iams, Barbre, Becker, Carson, Draper, McBrayer , Pierson , Senti , Tanguma NAYS: None The motion carried. The meeting adjourned at 9:15 p.m. • I • • ( • • • .. • -15- MEMORAND UM TO THE ENGLE'./00() t.I TY COUNC I L REG .~RDIN G ACTION OR RECOMMENDAT ION OF THE CITY PLAN NING AND ZONI NG COMMISSI ON. DATE: January 27, 1 981 SUB JECT: Recommen ded Amendmen t s to the Comprehen sive Zoning Ordinance RECOMMENDATION: McBrayer moved: Barbre seconded: The Pl a nning Commission recommend to City Council that the Comprehensive Zoning Ordinance, §22.4-10, §22.4-11, §22.4-13, §22.4-14, and §22.6 be amended as recommended in Ca s e #1-81, and that the p r oposed amendments be a pproved as written. AYES: Wil liams, Barbre, Becker, Carson, Draper , McBrayer, Pierson, Senti, Tanguma NAYS : None The motion carried. By Order of the City Planning and Zoning Comm is sion. • I • • LIQUOR LICENSE AUTHORITY MlltlJTES January 21, 1981 • • • 5 The ,..ting .. s called to orde• at ,,., p.o. bY t,.,.,...,. OO"'ld Styes. Frances Cosby, Ronald Blanchard, oanald Styes, Lloyd Bryan MEMBERS PRESEMT: Ronald Lunders MEMBERS ~BSEMT: ~sq PRESEMT : Gary Higbee, Director of Finance Eric Johannisson, Revenue Chief Brenda Jarrett, Recording SecretarY MIL BRYM l«lVEO, MD Ill· .......... SE-ED• TO .. POOVE TliE M!IIUTES Of T1IE MEETIMil OF DECEMBER 17, 1980. Frances Cosby, Ronald Blanchard, Donald Styes, Lloyd Bryan Mone ( ~YES : NAYS: The motion carried. • • The '"thO•it1 .ece1•ed a ,..uest f'"" the "'" .,..,s of ..... en West, 3517 so. Elati st•eet. fo• a ,,..,. of .,..,sh1p. P"'seot to '"''"' questions fo• the Boa•d ••'" stockhOlde•• "'"""'" McLoU9hlin, 618 s. Pea•l St. '""'''• aod Paol D. Riley, 618 s. Pearl St. Denver. MS. COSBY MOVED ... MR. BRY'" SECOMOEO, TO .PPROVE THE REQUESTED TRANSFER OF • OWNERSHIP Of HAMPDEN WEST. Frances Cos~. Ronald Blanchard, Donald Styes, Lloyd Bryan AVES: None NAYS: The motion carried. • • The Boa•d ,ecoi•ed the foll""'"' applications fo• liqoo• license ,....,1, • Franz Hummel Delicatessen, Inc. 701 w. Hampden Beer & Wine • Englewood Liquors 3434 s. BroadwaY Retail Liquor Store expires 2/20/81 expires 3/23/81 • \ I \ \ ! 0 I • • ( • • • - LIQUOR LICENSE AUTHORI TY MIIIJTES January 21, 1981 5 The meeting was called to order at 7:30 p.•. by Chairperson Donald Styes. MEMBERS PRESENT : MEMBERS ABSENT: ALS~ PRESENT: Frances Cosby, Ronald Blanchard, Donald Styes, Lloyd Bryan Ronald Lunders Gary Higbee, Director of Finance Eric Johannisson, Revenue Chief Brenda Jarrett, Recording Secretary MR. BRYAN fi>VED, AND tit. BLANCHARD SECONDED, TO APPROVE THE MINUTES OF THE MEETING OF DECEMBER 17, 1980. AYES : NAYS: The motion carried. Frances Cosby, Ronald Blanchard, Donald Styes, Lloyd Bryan None * * * The Authority received a request from the new owners of Hampden West, 3517 So. Elati Street, for a change of ownership. Present to answer questions for the Board were stockholders Maureen Mclaughlin, 618 S. Pearl St. Denver, and Paul D. Riley, 618 S. Pearl St. Denver. MS. COSBY MOVED AND MR. BRYAN SECONDED, TO APPROVE THE REQUESTED TRANSFER OF OWNERSHIP OF HAMPDEN WEST. AYES: NAYS: The motion carried. Frances Cos~. Ronald Blanchard, Donald Styes, Lloyd Bryan None * * * The Board received the following applications for liquor license renewal: Englewood Liquors 3434 S. Broadway Retail Liquor Store expires 2/20/81 Franz Hummel Delicatessen, Inc. 701 W. Hampden Beer & Wine expires 3/23/81 • t I I • • • January 21, 1981 page 2 - • • .. After studying the police reports on each establ1shRent, the Board found no reason to deny either renewal request. MR. BRYAN MOVED, AND MS. COSBY SECONDED, TO APPROVE THE TWO LISTED REQUESTS FOR RENEWAL. AYES: NAYS: The motion carried. Frances Cosby, Ronald Blanchard, Donald Styes Lloyd Bryan None • • • Because there was no meeting scheduled during the first half of January, and because there was only one .atter to come before the Board, Mr. Johannisson polled the members by phone concerning the license of Shop N Go Market. The Board had received the necessary fnfo~tfon by mafl prfor to theft· January 5th decision to approve renewal. Shop N Go, located at 2901 S. Broadway, was due for renewal by January 27, 1981. The results of the poll were: AYES: Frances Cosby, Ronald Lunders, Ronald Blanchard, Donald Styes, Lloyd Bryan NAYS: None • • • Mr. Johannisson told the Board that the change of ownership for Zimmermans, approved December 17, 1980, would not take place. The new owners requested the application not be sent to the State and may back out of the sale. • • • The next meeting will be held February 4, 1981. /~ • I • • ( • • • - ENGLEWOOD IXJ.mTOWN DF.VEIOPI-fENT AUTII 0 1 TY 3535 S Sherman-En g lewood, CO 8011 0 MIN UTES Wednesday , January 28 , 19 1 5 f. Boa rd 1 mb ers Present: Artzberge r, Maxwell , Holthaus, Ca sson, Rob ohm , Kaufman Neal Board "nb er s Absent: Allen, Coleman, Mausolf , Glenn SL a f Present : Thompson, Burge r Gue s t s b Visto r s: noroth y Roman , Buffy Gilfoil Board Cha irman Hol haus c alled the meetin g t o o rd er at 12:11 . The tlinutes of the Re g ular Board meetin g of J anuary 14 , 1981 we r e approved a s published u po n motio n by Robohm second by Kaufman. Motion car r ied. BoardTre su r e r Casson reviewed the bills submitted for pa yment fo r the board . The bills were ap pro ved as presented upon motion by Robohm, second by Artz- be r ger . Motion c arried. Item II on the Age nda d ea lt with the Brady/City/ E.D.D.A. Ag r eement. Board Chairman Hol thaus reviewed the City Ordinance approving the ag r eeme nt and noted that all t he changes the board had requested had been included . Boa rd member Allen a ttended a meeting as the E.D.D.A. r ep res en tat i ve with Bud Br ad y , Susa n Powe r s f r om the City of Englewood and Bob Joyc e , Br ady's At t orn y . Boa r d Member Kau fman gave a report from his meetin g with th e Mana gement Team . This mee ting was a gene ralized indoctrination of the project a nd the Tea m plans on a meetin g next week to walk each individual block of th e pro j ec t area. Boa r d Nembe r Ka ufman also reported that through a discussion with Hobart Moss, the consensu s is "they are going to tear down everything". The Board ag r eed tha t c aution needs to be used in presenting the idea of the pro jec t t o t he pub lic and this can be done through the E.D.D .A. newsl e tte r . Regarding the projec t, the City's concern is that 11esign l.fork shop , Inc., will be paid on a r e gular basis. This would involve signature by e ithe r Mr . Kaufman or Mr. Cas son or by Mrs. Holthaus and Mr. Kaufman. Bo ard membe r Kaufman sta ted the City and Brady would reimburse E.D.D.A. for the ir sha r e of the expen se and th e exp e nses would not r each the $47,000 cap . It was gen- e r ally ag reed tha t before the Board approved the signing of bills for De s i g n Workshop, Inc., the Board Attorney would be requested to rev iew the Agreement once again, a nd g ive a repo rt to th e Board. Boa rd member Ne al sugges ted that the Executive Committee could execute t he Agreement afte r the At t o rney approved it, to expedite the process . Board Membe r Kaufman also requested that during the Management Team plannin g sessions a n d mee t i n gs with the City and Brady personnel, that h e have au t horized u se of the Boa rd Attorney. Upon motion by Haxwell, second by Robohm Board memb er Kaufm an was authorized the use of the Board Attorney when need ed. Motion carr ied . Boa rd membe r Artzberger stated, for the Minutes, the City and ownership of Cinderella City had a preliminary agreement for renovation o f Cinderella City whi ch wo u ld he lp to "tie the whole picture together." • I • • 0 • • • • - Mr s . Foman s s tated Mr. Robert Joy c e was r qu sted to take minut es at t h Mana gement Team meetin s and sh would forward copies to the staff of ED~A fo r dis tribution to t h Soard . Soard m mb r Neal also s tated a memo from Cit y Manager Mc Cown would b sent to th Boa r d offices when each Mana g m nt Team m eting was cal led. Board Chairman Holthaus repor t ed t he Architects were billed $31,000 . for the ext ra xcavation on the parking lot. Rick Kahm, who has r eco rd s of time schedules, etc. and George Allen have been sent copies of t he billing t o r eview and Marilyn Barbeau of Oliver Hellgren hopes for a r eduction in cost. Board Chairman Holthaus also reported the Contract con tract h ad b en extend d 30 days due to a dela y in shipment o f the light fixtu r es . Bo ard Chairman Holtha u stated she had s pok n to t he Ar c h itects r gardin the landscap ing and Ms. Barbeau wanted to know t he specific dolla r figur to be used. The only amount she could find, in the Bud get was $17,000. Boa rd Chair man Holthaus co uldn't find an y specif i c do llar figure and asked t he Boa rd for help. It was agreed that the $17 ,000 . was s tated for landsc apin and the Board qo uld advise t he archit ect to be conser vative in their spending. Boa rd Chai rman Hol thau s also stated t he architect s were now wo rkin g on the prelim- inary plans, but did not have an y thing to present the Board at t his time. Board member Kaufman then discussed concerns regarding the quality of the paint used on the parking lot and there was a large gap between the a sphalt and the walkway. Mrs. Romans will ask Rick Kahm to inspect the area and advise the Board. Board member Robohm req uested updated information regardin g the letter to merchants and property owners advising their employees to park in speci fic a r eas . The Board agreed that this could be handled through the n ewslett e r. I t em 6, Directo r Search Committee report was presented b y Board member Neal. Ou t of 12 prospects from the Community Development applications, only 4 were interested in the position and only 1 of the 4 was local. Board mem ber Artzbe r g er requested to be removed f rom the Chairmanship of t he Committee and Member Ga sson was asked to take over the position. Mr. Casson agreed. Boa rd mem b ~ Artzberger reiterated to the Board the need for a qualified Director and that the professional search company of Reaume Associates was known as fi r st in their field. He stated that the Board needed to consider the co ntract f r om Reaume immediately. Using a search firm would also alleviate any con cerns that any one faction was pushing for a certain person. Upo n motion by Artzberge r s econd by Ro bohm the Board will sign the cont ract with Reaume and Associates to help in the search for an Executive Director. The contract was discussed and an Addendum to the motion was filed by Artzberger, second by Robohm that Board member Casson would have the Board attorney review the contract before signature. Motion carried. Board •embe r Neal will fo rward t he applications of individuals interested in the pos ition to Reaume Associates. The News letter was discussed and will proceed to the printers as soon as poss i ble . Board Chai rma n Ho ltha us informed the Board that she had been working with Kells Waggoner on storage of the Horse Car and inside storage was possibl e . I t wa s recommended by Board member Kaufman that possibly a group of civic minded citizen s in Englewood could donate to the restoration of the Horse Car in memory of a loved one. Board Cha irman Holthaus also informed the Board that Board Attorney Harkness would be present at t he Board meeting on February 11th to discuss the obligations and responsibilities of a DDA in detail . The meeting adjourned at 1:01 PM . • I • • • • I ( • • • • Library Advisory Board leetlng linu e February 3, 1981 Library leeting Room Called to order by Chairman Wheelehan at 7:35 p.m. PRESENT: Bruce Hogue, Dalton ordyke, Joe Rathburn, Howard ~loraTJ.e, Jerry Valdes, and Dorothy Wheelehan. ABSE rr: Robert Currie, Norm Kerswill, and Lois Sterling . ALSO ATTENDING: Sharon L. Winkle, Director of Librarie Chairman Wheelehan introduced a newly-a ppointed Board !ember, Mr. Jerry Valdes, who was appointed to a four-year term ending in February 1985. lr . Valdes was a ppointed to the position formerly held by Mr. Merlyn Beaver. o appointment to fill the position created by the expiration of Lois Sterling's term has been made. ~Irs. Sterling will continue to sit on the Board until a replacement can be appointed. ~lr. Valdes briefly described his background a nd reasons for wishing to serve on the l.ibrary Advisory Board. Chairman Wheelehan then called for nominations for the office of Chairman for 1981. Bruce Hogue nomin ated Howard ~lorar ie. Joe Rathburn seconded. Nominations were closed and Howard lorarie was acclaimed Chai rman. Cha irman \l'heelehan called for nominations for the office of Vice-Chairman for 1981. Joe Rathburn nominated Bruce Hogue. Seconded by Howard ~lorarie. acclaimed Vice -Chairman . ominations were closed and Bruce Hogue was At this point Dorothy Wheelehan turned over co ntrol of the meeting to Chairman ~lorarie. Director of Libraries, Sharon Winkle, next presented the 1980 Annual Report of Department activities to the Board . Highlights included a 10.5% increase in total circulation activity and a 16% increase in circu l a tion to Eng lewood residents. Copies of the narrative report, statistical report, and various charts were distributed to Members. Continued ... • I • • • • • • Library dvisory Bo r d I etlng ~linutes February 3, 19 1 Library 'leet ing Room Called to order by Chairman Wheelehan at 7:35 p.m. PRESENT: Bruce Hogue, Dalton . ordyke, Joe Rathburn, Howard lorarie, Jerry Valdes, and Dorothy Wheelehan. BSENT: Rober Currie, Norm Kerswill, and Lois Sterling. ALSO ATTE DI G: Sharon L. Winkle, Director of Libraries Chairman Wheelehan introduced a newly-appointed Board !ember, Mr. Jerry \'a lde s, who was appointed to a four-year term ending in February 1985. ~lr. Valdes was appoi nted to the position formerl y held by Mr. Merlyn Beaver. No appointment t o fil l the position created by the expira tion of Lois Sterling's term has been made. ~Irs. Sterling will continue to sit on the Board until a replacement can be appointed. Mr. Valdes briefly described hi s background and reasons for wishing to serve on the Library Advisory Board. Chairman Wheelehan then called fo r nominations for the office of Chairman for 1981. Bruce !-Iogue nomin a ted Howard ~lorarie. Joe Rathburn seconded. Nominations were closed and Howard lorarie was acclaimed Chairman. Chairman l~heelehan called for nominations for the office of Vice-Chairman for 1981. Joe Rathburn nominated Bruce !-Iogue. Seconded by Howard ~1 or arie. Nominations we re closed and Bruce Hogue was acclaimed Vice-Chairman. At this point Dorot hy Wheeleh an turned over control of the meeting to Chairman ~1orarie. Director of Libraries, Sha r on IHnkle, next presented the 1980 Annu a l Report of Department activiti es to the Board . Highlights included a 10.5% i ncr ease in total circula t ion activity a nd a 16\ increase in circulation to Englewood residents. Copies of th e narrative report, s t atistical report, and variou s charts were distributed to Members . Continued . . . • D I • • • • • • -2 - Under Member's Choice, Bruce Hogue pre sented information regarding the staggered expira tion date s for Board terms. He repor ted that t he expiration dates have gotten "out of s tep" over the years . For example, four ou t of nine terms expire in 1984 while only one t erm expires in 1982. lr. Hogue mad two recommendations : 1) That in future when a new appointment to th e Board is inc l uded in he minutes that the expiration date of the term be included also. 2) That one of the t erms currently du e to expire i n 1984 be c hanged t o expire i n 1982 . Mr. Ho gue s uggested that h is term be de signated as expiring in 1982 instead of 1984 . The Bo a rd accepted Mr. Hogue's recommend ation s a nd expressed its de s ire that the second recommendation be forw arded to City Cou nci l as th~ appointing au t horitY. Dorothy Wheelehan discussed the orientat ion c heck l ist for Boa rd Memb ers. Joe Rathburn requested that the minutes show that funds hav e been tra nsferred to the City of Englewood Library Donor's Fund from the Friends account a t Continental National Bank and that the account has been closed. Account balance at the time of transfer was $2,203.09. Joe Rathburn moved approval of the minutes of the Janu a ry 13 , 19 81 , meet i ng. Bruce Hogue seconded. Motion carried. Joe Rathburn moved and Dorothy Wheelehan seco nded that the meeting be ad journed. ~1eeting adjourned at 8 :10 p.m. There will be a special meeting of the Bo a rd to discuss the Library Planning Committee Report on February 10, 1981, at 7:30p .m. in t he Library Me eting Room. SLW :eeb • I • • • • • .. • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT Supplement 27 January 13, 1981 L.A So uth Ar apahoe San i ta tion Dist . INITIATED BY South Arapahoe Sanitation District ACTION PROPOSED Aporoye annexation of additional land into South Ara oahoe Sanitation seryice area. INTRODUCTION : A request was made by the South Arapahoe Sanitation District representing the owner/developer for annexation to the South Arapahoe Sanitation service area. BACKGROUND INFORMATION: The area contains 5.45 acres and the developer plans to build a commerc i al office and a mortuary . The site is located south of Caley Avenue and wes t of Colorado Blvd. {This area is part of Chapel Hi lls Memorial r,ardens) FINANCIAL DETAILS: None • I . . 0 • ~ ( • • • ,. • RECOMMENDATIONS : That the District be allowed to annex Supplement 27 to South Arapa hoe Sanitation District. The District has letter on file in the Utilities Department which states that no additional taps will be added to their allocation because of additional inclusions. • I • • • • .. 6 C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT February 10 198 Channel 6 Auction Banner INITIATED BY Planning Division u pon the request of Channe l 6 ACTION PROPOSED Approve the hanging of a banner across South Broadway north of U.S . 285/Broadway interchange announcing the annual Channel 6 Auction . • INTRODUCTION : Each year at this time , an auction is held to raise funds toward the continued operation of Channel 6. The persons in charge of the auction this year hope to advertise it by placing banners across the roadway at key locations throughout the Denve r Metropolitan area from March 15th until April 11th. The text on the banner will read : "Watch the Channel 6 Auction April 2nd -lOth" and the Channel 6 logo will be on the corner of the banner . Morris Decorating are preparing the banners and will hang them at the selected locations . The banner would be hung across South Broadway at the location just north of the U.S . 285/Broadway interchange which has been used on several other occasions. Jim Chambers, the manager of the Englewood office of the Public Service Company, has told me that they would have no objection to the banner being suspended from their poles at this location. Mrs. Jeanne McCall, the person making the application on behalf of Channel 6 , has been advised that Morris Decorating will have to coordin ate the installation of the banner with the Traffic Division , if it is approved by the City Council. The request to hang the banner is referred to the City Council pursuant to §22 .7-6d of the Comprehensive Zoning Ordinance (the Sign Code), which requires that banners across thorough- fares be authorized by temporary permit issued by the City Council . • I • • • • • • .. , CONCLUSION AND RECOMMENDATION : Channel 6 is a public service television station, providing many educational and cultural programs which are not available on the other stations . Many people in our community enjoy the variet y of programs offered by Channel 6 and will undoubtedly participat~ in the auction. It is recommended that the installation of the banner be approved as requested . SUGGESTED ACTION: MOVED BY ________________________ __ SECOND ____________________________ _ YES _________ NO ________ ~BSENT ______________________________________ _ I • • • • • .. • teaWilM '10 'DIE !20DIXI> Cl'lY <DH:IL RF.GA~Dn«; ~ OF DIE PAReS & ~ aHtiSS~ lll\lE : Ja.JarY 27. 1981 Sl.IU!X;l': ~ PUI6 Fal DQIJoiD> KI«CIPAL QU' Cl.liiiXEE \iiEREAS, Plan A will definitely not 11188t the needs of the large m.11bers \H:REAS, the Golf Course Chilhouae will be used for 118\Y yean to ccme, it is prudent to .U sure that the propoaed ClW!houee ia adequate to IICCCIID- date the larp tUiber of persona 'fob:) will participate in the activity of golf, and, \IIEREAS, racqJiizing that an adequate ~ aawres the continued participation of aol.&n, 1ih1cb in tum u.ur. euffi.ciaDt 1nca1a frau green feu to meet the ~ of the golf course, ntEREFO<E, the fn&lewood Paxka IDl Recreation Calmi.asilxl reoaJIIIellds that the Pl.an for the Golf Cl~ be a CD~pD&ite of Pl.an B and Plan C by using Plan C as the basi.: pl.an IDl adjusting the size of the following facilities: 1. Pl.an C calls for 250 spaces in the parldng lot -recaweud 200 spaces 2. Plan C calls for 70 Golf Cart Storage spaces -reccamend 60 spaces 3 . Plan C calls for Dini1'lg Room seating for 80 persoos -recawend seating for. 60 persons . By request of the Englewood Parks and Recreation Commission • I . • • • I • • • - MEMORAND U M TO: Andy McCown, City Manager FROM: Gary R. Higbee , Director of Finance DATE: February 12, 1981 SUBJECT : Golf Clubhouse F i nancing Listed below are various alternative methods of financing all or a portion of a golf clubhouse. 1. General Obligation Bonds 2. Sales Tax Revenue Bonds 3. Lease/Purchase Arrangement A more detailed description on each of the aforementioned types of bond issues can be found on Attachment 1. Two additional methods of financing the golf clubhouse would be: 1. Using funds within the Public Improvement Fund allocated to other projects for the clubhouse. 2. To issue golf revenue bonds and pledge as a secondary backup enough funds from the Public Improvement Fund each year to support the annual principal and interest payments. There is a question as to whether Article 96 of the Englewoo d Home Rule Charter would al low monies from the Public Improvement Fund to be pledged as security on a revenue bond issue. The answer t9 this question would be whether a bond attorney would give a legal opinion on the issue or not. Article 96 is as follows: "96 : PUBLIC IMPROVEMENT LEV Y The Council may levy annually a tax of not more than two mills to be assessed upon the valuation with i n the City at the same time as the regular annual taxes for City expenses for the benefit of a fund to be known as the "Public Improvement Fund". The fund is to be es- tablished for the purpose of paying, in who le or in part, the cos t of general or special improvements of the City. The proceeds of such levy shall be kept by the City Treasurer in a special account until invested as authorized by the Council. The Council shall have • I I' I • • • ,. Andy McCown, City Manager Golf Clubhouse February 12, 1981 Page 2 • • I offer the additional information relative to a $500,000 bond issue: a) Ten-year bond issue. b) 10~ interest rate. c) $75,000 annual principal and interest payment. If you wish for me to pursue any of the aforementioned alternatives, please let me know. /jlw attachment • I • • • ~- ;, .... ' .. . • .... • • • .. .· • I . I ·. .. TOt lt1ch Wanueh, An:l.etllnt' City Mana~er FROH: C~ry R. Rtr,hee , Director of Finance , . ~ ,. January 26, 1981 -~ ··: . ,. ... ,, . , . . 'I!: .. •' . 1_.. I" -~ ....... . . , .. ~ '· 1,16ted bP.low au·· vartoua alte'rnattve IICthoda of financinp a co~~~~:unity ct>ntcr within the City of Englewood! l. 3. ,, I ' Tht1 City CJ•arter allowa thf! financing 'of rublic pro!ectll through the iaauance of general o'bl1r.atfon honda ··· approved by the elcc-· · · ~~~·~~a;~!~f~ 1 !~~a~~~~· ot ~=b~n!~~~~d~:·:t~~::t:: ;~·!r b~h:t~ht ,~~ :.· ·' naaeued valuation of a ta:r:ahl e propnty within the City. Althoullb". sHehtly better inh•rut rate could be eJtpeeted fro111 general ob-. :.: lif.OtiCin bonde, the 1111la of r.rnenl obltr.stion honde w1ll11pply • .~;' ;, apainst the debt l11111t11tion and rPBtrict gent:ral ohlfp,lltlon bonds .... ·~ · for othPr purpose11 Jn the fut~•re, , . '. ·': Currently the Charter only authorizes revenue bon~e as ar~ new ; provided in the statutes of the State of Colorado •. There is no currPnt lef;f.elative authority to issue sale• tax revenue bonds '· but 11 bill is before the legislature , sponsored by Representa- tive Littlerop, an<l would p&rlllit the issuance of ulea tax r e - venue bond£~ by both cities end counties. With the ler.islntive llf'proval, the CJ.ty c:oul rl isllue Bll l ea t11x rE\vr.nue bonrl5 pledg- :lns.: 11 Gl!lall portion of the sa leo tax rev enu es available to the · C1ty. Ty}':l caJly , the ratlnf. agP.ncfea t'avorabl y rate such bonds and interest rates eo111parable to ~t'!neral ohl:l.~;aUon bonds. t.FASE/l'UR01ASE ARRIINGHI~N.T - II Ltla&e/Purehaae llrran pe1nent ha&ed tJpon ll year to year eo11Dit- ll!t:nt (to avoid 8 debt queGtion) 16 pen!iSiible undor current laws. 115 the lease IIIUl!t be renewed eeeh year, there 1.& so1ne ·~ ... ·'. ~~··· /· elem~>nt of rhk . to the invest ora and interest rates are generally · ' .hi.:her on LeaGt'/Purcha&c ArrangeBieDU for ptJblic pro!eetl other . _____ ......... ~.· th11n e1 ty hnlle 11nd county court houses. Leau1 agree11cnta · have · l : .-<~ lilnited marketability es many :l.nvcstore prefer the stronger ,. ·" ,': .,·,._.\ '··\}.' eo!1111'1t111cnt of e enf'ral oblignt:l on bon de to &eeure "the return { 1 \~ • t 1 ' f~ •'}..\ \!~,; ,.~ '·' I • • I • • • • - .. Rich Wanuah , Auietant City Manager . ... CoiiiiiiUnity Center Financing .,t~ '. ~ . ,, January 26 , 1981 .. Page 2 .. . '. . .. of their invcetmont. Aleo, buildin~e financed with a Leaae/ Purehaein@ Arrange111ent oftnn ti .. a have reetrictive 1110 ae :;, I. the invf\e tor knOWII that the U80 81Uit be 'converted to ftllrhepa ' . • • ', . ; ·,:~ office epace in the event that tbe lea .... 1e not renewed. ; < ,_,,; ~~t:~:t.: '1 ::~: • ~ ; ~·-~ · ··r'tf ·•~" 71·--..: 1 ; .. , ~. ~"r ~U:~. • • . :_ !,· ,. ' It • ·~ .. ., • • ,• -, :' • • ·, ,tt -• . ' .... -.. •• '·!-''· G~.E~L.J~~~-~NJ.!l.I_STil_~,q -.. ' • ·· ·"• '~r,l;··l ·~,.,., .• ,.ij'.~··· 't.:·~ . ~-.·. ~-, . ·, '·,~; ... ;·~ t1:;!<'"~ ... J~ .f.l\ ~· ... , .,. ... ;..,.,. s. 6. ::n~!~r.~o::c!!a:~~~:dt~;· t~e ~~::~:;l~·P~~v=~=~~s~~~~~1 ~!q:~~:cl .-. .. 1 ,-: .,•;~ for the 1nfor11111t1on of eueh a diltr1ct and ell'o for tho aprroval •· · ·• :-;,~· _..,.. o! bonde. Thh tyre of dilltrict 18 not coaeonly uud u the lev. . ' ·~' :~-l :. · requiru that 51% of the electorate ownine 51% e>f the ta11able ' :-~·· ... :-· property IIIUSt eign e petition to ortanh:e the diatrict. Aleol ::.·.··;!,"·; .:·-.,·.:· •. · ~::_).:...., the debt for ouch as district is limited to 25% of the asecssed . _ • ~v~ valuation. Althouflh thfe create& another tii)C entity the , Councii\.· .: .... :.?.;; -~ ie the hoard of direetore and orerates si111ilarly to a erecial· 1 ••. ~: lc~ •• _. .•• ::.. ~ iDprovement . district but the dt'bt iB a general obHsatton (which ; . · :-'~i~ ···<~ does not 11pply to the Charter dobt l11111tation) rather tl1an e · · ·' ~~ •. ~ ,.• .~~ r:peciel ueeas!Hnt a~ainet the benefiting property. '; ·, ·' ' __ : ;\ '!• ~ I Tax inerc111ent financing ia uvailable tor a downtown d•vclop•ent ,. authority. The bounclorie& of which are to be coincidental with .:;: •' ' the hiatorical downtown area of the Ci ty. Without es1uroncce '~ ·:. ~· that substantial increases in tall base will be realized within 1 ... ,_ the bounilariea of the authority, it would be difficult to pro-·· ··' 1 · ' ."·1 :cet tho retirement of thA debt throur.h tax incre~~~ent fir.sncing.· : .. ·.' , ~ · ·.:.'-~.; Also, the business colllllUnity alone would be ·required to re.tire · ·' · ,,·r:·· the fndebtednces throur-h the downtown development authority .!'•.Jl! whereas, as COIIlliJ\lnity center wou ld benefit the entire co-unity, ,. T11x incre11cnt financing at this wrf ting 1B bP.ing ruviewcd by : i hond attorneys who ere not yet in n position to issue 11n un- qualified opinion unti l addit ional research is conducted. Tax incrr.ment financing in EnRlewood wou ld be a difficult f!nancing tool at this point ~nd w~uJd re~uire n subs tantiAlly highe r in- tr.reet rate thAn other forms of financ inR as it is ot this point on untried financin g v~hi cle in the Gtatc of Colorudo, l>ffi!ROPOt ._ITJ.N .. Tli_S~.I.CT - Current atate atatutce .allow for the foraation of speciol districts to fund varioua public: improvements. This ~~ethod ·--~·-::~c, would require for fornti on of a a pedal district (another · •. -·.~ te"ing body) that would hav~ the euthority to isaue bonds .. . . . ~ following a hvonble' elt-c.tion in the for ... tion of thll ditltriet · • ' ~ o• • • .I I I',·,, , ... and the approval of bonde. ·, ~. ... .:.r .L . .- 1' ''\' I • • ... ~ .. """ .·1#t"" ·} . i I I • ? . ' " .. } . .. . ' ~( • , . . '· ' \. ~;· ... t .... . ~ .. d ~ ..... ,, : 1 ll1cb Wall\sah, . ,. .. t.teat c1 ty tc.~~t~aer Co-.un1ty Center F1aenc1na January 26 , 19111 Par.e 3 1 offer o) Twenty (20) year bond ieeue .... _ b) 9.5X intereet rate • • • t f'-: .. c) $340,440 '•nnull prinejpll end intereet pe~r.nt d) 2,496 aill lny .., ... c) The City of 'l!nglewood current f.eneral · oblip,et1on bondfnp caplc1ty ie $4,920 ,392, • , ,: .;.. 4.1 • . : I • • .. _L ........ ... .. ' • ORDINANCE NO.~ SERIES OF 1981 • • • BY AU T HORITY 7 A COUNCIL BILL NO . 1 8 INT RODUCED BY COUNCIL MEMB ER BRA DSHAW AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE' CITY OF ENGLEWOOD, COLORADO, AT A SPEC IAL EL ECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS: CURRENT ARTICLE XV CONCERNING ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SY STEM ACT -1972 IS REPEALED AND ADOPTED IN PLACE THEREOF IS ENGLEWOOD LABOR RELATIONS AND CAREER SERVICE SYSTEM -1981. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. There is hereby submitted to the qualified electors of the City of Englewood at a special election to be hel d on March 24, 1981 proposed amendment to the Charter of the City o f Englewood, as follows: That effective immediately upon approval of the qualified electors of the City of Englewood, and the certification thereof to the office of the Secretary of State of Colorado, pursuant to Section 9, Article XX, of the Colorado Constitution, the Charter of the City of Englewood , and Section 31-2-210 of Colorado Revised Statutes 1973, as amended, Article XV, Englewood Employee Relations and Career Service System Act -1972, of the Home Rule Charter of the City of Englewood is hereby repeal ed and adopted in place thereof is the following: • I • • f • • • • • --· -------- ARTICLE XV Englewood Labor Relations and Career Service System -19 81 137 :1 Statement of Po licy -Labor Relations It is the public policy of the people of the City of Englewood to promote harmonious, peaceful and coo perative re- lationships between the elected and appointed officials of the City and the members of the classified service and t o ~rotect the public by assuring, at all times, responsible, orderly, and uninterrupted operation of government services and where necessary, to provide for and regulate such matters of local concern. Since unresolved disputes in the public servic e are injurious to the public, and to the government of the City of Englewood, and City employees, there is hereby provided , for full time classified employees in an appropriate bargaining unit, the right to bargain collectively concerning certain s ub jects with the City as employer through a certified employee organization and ·a method for resolving impasses in such bargaining, as here- inafter provided. The establishment of this method of resolv- ing such impasses shall be deemed to be a recognitio n of the propriety of providing an alternative mode of settling dispu tes where public employees, as a matter of public policy, and in recognition of the desirability of maintaUtinga balance in the labor management relationship, must be denied the right t o strike, -2- • I • • • • t • n • • - §137:2 Definitions As utilized in this Article of the Charter , the following definitions shall be observed: (a) Appointing Authority. The Appointing Authority is ~he City Manager. (b) Permanent. A full-time classified employee who bas successfully completed a probationary period in a classified position ·after original appointment or promotion by the appointing authority. A permanent employee is subject to the prot ection of the Career Service System. (c) Classified ·service. All full-time permanent classif- fied positio~that are included within the Career Service System. (d) Employer or City Employer. The Mayor, and members of the City Council, City Manager and his or her designees for pur- poses of collective bargaining. (e) Contractual Employment. Employment relationship not a part of the Career Service System for a set period of time for special projects or programs or for other managerial and profes- sional assistance . (f) Confidential Employee . An employee who is privy to decisions or who has access to information of City management affecting employee relations or whose functional responsibilities or knowledge of the .City affairs makes memberships or participa- tion in the affairs of an employee organization incompatible or inconsistent with their official duties of employment. For pur- poses of this definition it is conclusi:vely· pr8$Uill8d that any individ~ -3- • I • • • • I • • • • ual employee in the City Manager•s office or in the Employee Rela- t i ons Department or in the City Attorney 's office is a confidential employee. (g) Confidential Secretary ; One person in the office of each department, board or commission and City Council as desig- nated oy the City Manager. (b) Managerial Employee . The City Manager, department h eads and assistant department beads . (i) Supervisor. An individual having the authority , cons is- tent with other provisions of this Article , in the i nt e rest of the employer to hire, fire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward, discipline or evaluate other employees, or to adjust their grievances, or effectively to rae- commend any of the foregoing if, in connection with the foregoing, the exercise of such authority is not of a merely routine or cler- ical nature, but, rather, requires the use of independent judgment. (j) City Rights. The City shall have, in addition to ~11 powers, duties and rights established by constitutional provision, statute, ordinance, charter or special act, the exclusive power, duty and rights to; (i) Determine the overall mission of the City as a unit of government. (ii) To maintain and improve the efficiency and effective- ness of City operations. (iii) To determine the service~ to be rendered, the operations to be performed, tbe technology to be utilized, or the matters to be budgeted. -4- • I • • • • • • (i v) To determ ine the o verall metho ds , p rocesses, means, job classificat ion s o r p ersonn e l b y wh ich Ci t y operations are to be conduc t e d. (v) To direct, supervise, hire, prom ote, t r ansfer, assign, schedule, retain or lay-off employees . (vi) To suspend, discipline, d i scharge , and d emote for cause, all full-t~e permanent classified employees. (vii) To relieve employees from duties because o f lack of work or funds, or under c ond it ions 'where the City determines continued work wou l d be in e f fi cient o r non- productive. (viii) To take whatever other actions may be necessary to carry out the wishes of the publ i c not otherwise specified herein or l~ited by a collective bargaining agreement. (ix) To take any and all actions to carry out the mission of the City in cases of emergency. (x) Nothing contained herein shall preclude the City from conferring with its employees for purpose of de- veloping policies to effectuate or implement any of the above-enumerated rights. All of the powers, duties and rights as e numerated above shall be within the exclusive right of the City except as limited or modified· by· a collective bargaining agreement. (k) Employee Rights. A full-time classified em- ployee who is not a confidential employee, a managerial employee, or a supervisor shall have the right: (1) To form, join, support or participate ·in, or to -5- .. -:.:-=·~··::-:::·-:::-=·:;:.·::..:· ·:.:::::;:::::;::;;;::::;:;:::;::;:::======:;;;;;;:~--.. -·.--.. ----.. _ _.....,.. .. ,--.:.,..,~ .. • I • • • • - refrain !rom forming, joining, supporting, or par ticipa ting in any employee organization or its lawful activities; and (ii) Bargain collectively through their certif ied employee representative. (iii) No employee shall be interferred with, restrained, coerced or discriminated against because of the exercise of these rights nor shall the right of an ind ividual employee to discuss employment concern s with the City be infringed upon. (1) Board, The Career Service Board. (m) Appropriate Employee Ba·r'gaining Unit (or Appropriate Bargaining Unit). An employee unit designated by the Board to be appropriate !or t·~e purpose of collective bargaining. In deter - mining the appropriate bargaining unit the Board shall have no authority to include any employee other than a !ull~time classified employee. Any full-time classified - employee may be considered !or inclusion in the appropriate bar- ·gaining unit except: (i) Any elected official or person appointed to fill a vacant elected position, or any Board or commission mem- ber or judge, or any person appointed to a position by City Council. (ii) City Manager , assistants to the City Manager and employees of the City Manager•s off ice, Department Heads, City Attorney and employees of the City Attorney\·s office ·and confidential secretaries. (111) Managerial and supervisory employees. (iv) Confidential employees , (v) Any part-time, temporary or contractual employee, -6- I • • • • • - (vi) Any employee hired f or s pe cial proj ects or pro - grams or through the use of outside fu nding sources. (n) Employee Organization. Means any lawful organization which bas as one of its primary purposes representing full-time classified employees in their employment relation with . / the City; provided , however, that said organization has no re- striction on membership based on age , race, color, creed, sex, handicap, or national origin. (o) Certified Employee Organization (or Certified Employee Representative). An employee organization that has bee n certi- fied by the Board as representing the employees in an appropri- ate bargaining unit as a result of obtaining a majori ty vote in the appropriate unit pursuant to a Board conducted election. No organization shall be eligible to be the certified employee or- ganization if it admits to membership or is directly affiliated with an organization that admits to membership pe.rsons who are supervisors or who act in a supervisory capacity with respect to employees of the City of Englewood as defined in this Article. No organization shall be eligible to be the certified employee organization or certified employee representative with respect to poli~e officers of the City if such organization admits to membership employees of any emp loyer, public or private, other than police officers, except that such employee organization may affiliate itself with other org.anizations who admit such other employees to membership, so long as the certified employee organ- ization remains locally autonomous. (p) Exclusive Re ·c·ogn·itTon ·of· ·a·n· Em"pToyee Organi·zat ion, The certification of an employee organization by the Career Service Board that the organization shall represent all em - ployees in an appropriate unit as determined by the Board for the purpose of collective bargaining. -7- • I • • • • • .. • (q) Strike . Concerted activity resulting in failure to re- port to duty, or the absence from one's position, or the stoppage of work, or the abstinence in whole or in part from the full and proper performance of the duties of employment with the employer, or unauthorized deviation from normal or proper work duties or activities. (r) Classified Employee. A certified employee appointed to an allocated position within the classified system. The Council may adopt additional appropriate definitions to effectuate the policies of this Article of the Charter. --------- ~137:3 Bargining Rights Only full-time classified employees in ·an .appro- priat~.bargaining unit have the right to bargain collectively with the City through their certified employee representative toward~ securing a collective bargaining agreement. Only an employee organization that has been certified by the Board shall be entitled to engage in collective bargaining with the City. .In certifying an employee orgainization as representing the employees in an appropriate bargaining unit, the Board or its designated hearing officer shall consider ( in addition to any other requirement as set forth herein) the following factors: (a) The unit that will insure employees the fullest freedom and the exercise of rights granted under this Article . -8- • I • • • • • .. - (b) The community o f interest of t he employees . (c) The history of the em ploye e r elatio ns in t he un it, among other employees of t he City, and in similar p u bl ic emplo y- ment. (d) The effect of t he unit on 'the effici e nt oper a tion of the public service and sound employee rel~tions. (e) The effect on the existing clas~i f ic a tio n s tructure of dividing a single classification among two or more u n its. §137:4 Terms of the Collective Bargaining Agreeme nt The obligation to meet at reasonable times and negotiate in good faith shall commence on or prior t o May 15 of any applica- ble year in which the Bargaining Agreement expires or 'in which collect~ve bargaining is otherwise proper. The Collective Bar- gaining Agreement between the City and the certif i eq bargaining represent'ative shall consist of any and all · t erms actually agreed upon by the parties, which terms are not otherwise i nconsistent with the Ordinances or Charter of the City. The Collect i ve Bar - gaining Agreement shall be for a t e r m of not less than one (1) year nor more than three (3) years , p rovi ded that all Collect ive Bargaiping Agreements e n tered i n to s hal l be effective on a January 1 date ~shall terminat e on a De cember 31 date. -9- • I • • • • • • • - §137 :5 Subjects for Collective Ba~gaininq (a) Mandat ory Sub jects. The City and th~ certified employe e rep resep tativ e shall have the mutual obligation to negotiate and b argai n in good faith o v er the following mandator~ su?jects: wag e s, h ours, vacation, insurance (contr1but1on levels a n d leve l s of benef its only), h l1days, administrative leave, pe rsonal lea ve, military leave, disability leave, funeral leave, d ue s d eduction, grievance resolution procedure(incl ud ing costs and expenses assoc i ated t h erewi th ), non-Stat e or Federally regu lated or ma ndated pe ns ion or retirement provi sions (c ontribution level s only ), ove r -time pay formulas, work uniform provisions , actin g pay , longe v ity , transfer procedure, procedures for suspens i on, demo t ion, and discharge, and education ince ntives. That the maintenance of benefits shall also be c o n s i d e r e d a mandatory subject under this section for t he period covering up to and including Dec e mber 31, 1 984, a fte r which it will become a Permissive sub i ec t . {b) Non-Negotiable Subjects. The {allowing subjects shall be excluded from collective bargaining as non-negotiable sub~ects of bargainingc Any aubjec~ pre-empted by State or ?ederal law or by Ci ty Charter; State or Federally regulated or mandated p e nsi o n provisions, .administri\tion ot insur ance programs, s el e c tion of insurance carrier including sel t -insuri\nce; ma t ters dele- gated by Charter to any Board or Commissi on of the City; al l matters relating to classification, recruitment, h iring, examination and certification of app ointment to a position and-'Career Service Board Appeals based there\lpon; promotions out of the bargaining unit, (c) Permissive Subjects. Collective bargain i ng upo n any other subject (i.e., not mandatory or non-negotiable) is permiss .ive and may be conducted if mutually agreed to by the parties. -10- • I • • • • • • §137:6 Impasse Resolution In the event the parties are unable to reach agreement on all mandatory subjects to be contained in the Collective Bargain- ing Agreement on or before July 1 of the year in which the parties have met and bargained over these subjects, impasse shall be declared with each party separately submitting to the Board an impasse s~atement which contains that party's final offer regarding any mandatory .subject upon which the parties are at impasse. The Board ~~~&y, at its discret.ion, appoint or employ one or more fact- finders to as~ist it. ~y August 10, the Board shall issue written findings of fact and recommendations for resolution of the mandatory subjects in dispute. Said findings and recommendations shall be served upon the Certified Employee organization, the City and the City Council and shall be . final and binding upon the parties unless, within five (5) working days after receipt of the findings ~nd recommendations, the parties are able to reach agreement over ·the terms of the new Collective Bargainin~ Agreement.. In tlle event ·the parties are able to ·reach said agreement and have so notified the Board within this five (5} working day period, the Board's findings and recommendations shall be null and void. All fees and expenses of the fact-finding process, .including the making. but not the transcription, of a record and assistance .of counsel to the Board shall be shared equal~y by the City and the Certified Employee Organization. -11- • I • • • • • • Sl37:6 Impasse Resolution If either pa~ty is dissatisfied with the Board's final find- ings. and recommendations, the party or parties may sub~it a writ- ten notice of dissatisfaction to City Council within twenty (2 0) calendar days of the date of issuance of the Board's finding and recommendations. Only the provision or prov~sions submitted to the Board for impasse resolution, which pro v ision or provisions are the basis for dissatisfaction, may be contained in the notice to City Council. Within thirty (30} calendar days after receipt of this notice of dissatisfaction, City Council shall call a special elec- tion by Ordinance or resolution submitting the matter to a vote of the qualified electorate of the City. The final offers of the City and Certified Employee Organization and the Board's recommendations on the issue(s} contained in a notice of dissatisfaction shall be submitted as alternative single measures to a vote of the qualified electors of the City. The qualified electors shall elect either the position of the City, the position of the Certified Employee Organization, or the Board's recommendation. The position or recommendation receiving the highest number of votes shall be deemed approved. Said election shall be consistent with the provisions of Article II, Section l4 of the City Charter. All cost and expenses of any publication or special election shall be borne by ·the City. -12- • I • • ( • • • • • • - §137:7 Strikes Prohibited (a) The protection of the public h e alth, safe ty and we lfa re demands that neither the certified employee organ ization, no r a n y employee organization, nor any employees of the City, nor any person acting in concert with them, will cause, sanction, or take part in any strike. (b) In the event a certified employee representative en- gages in any conduct which fal ls within the definition of "strike", herein, such violation shall be cause for the Cit y to terminate the collective bar~aining agreement with said certif i e d employee representative and/or withdrawal of recognition of the certif ied employee representative upon giving writ ten notice to that effect to the chief representative of said c ertif i ed employee represen- tative or employee organization, in addition to whatever other remedies may be available to the City at law or in equity. (c) In the event an employee or em ployees engage in any. conduct which falls within the definition of "strike ", herein, such violation shall constitute just cause f o r the immediate dis- charge of said employee, in addit ion to wh atever other remedies may be available to the City at law or in ·equity . The Cit y shall not be required to pay any employee any portion of his/her salary or fringe benefits while engaging in activity in viola- tion of said section. It is expressly ~ecognized that .the City has the right to selectively discipline, up to and including discharge, any employee or employees whose conduct falls within the definition of said section without having to discipline all employees whose conduct falls within the definition of said section. -13 - • I • • ( • • .. • §137:8 City Ordinances The Council shall adopt appropriate Ordinances to effectuate the policies of this Article of the Charter, Sl38:1 Career Service System The appointing Authority shall prepare and submit to City Council for adoption a "Career Service System" which shall apply to all full-time classified employees of the City of Englewo?d (herein the "City"), excluding any elected official or person appointed to fill a vacant elected position, any Board or Comm- ission Member,· Judge, City Manager, employees of the City Manager's office, Department Heads, City Attorney, employees of the City Attorney's office, confidential secretaries, and persons appointed to a position by Council. Prior to final enactment by City Council of any ordinance adopting such system, or of any ordinance amending the same, such ordinance or amendment shall be submitted to the Board of Career Service Commissioners f or recommendations and the Board shall, prior to forwarding to City Council such reco- mendations, after appropriate public notice, hold a public hear- ing thereon. The Board shall have forty-five (45) calendar days from the date of submission to forward such recommendations to 4[ the City Council. -14- • • I • • • • • • §138 :2 Merit Principles ~he Career Service System shall include appropriate Admini- strative Procedures which embody the following Merit Principles applicable to these employees as set forth in §130.1 of the Charter~ I. Recruiting, selecting, and advancing applicants and emplo yees on the basis of .their relat ive ability, knowledge and skills, including open consideration of qualified applica~t~ for appOintment. Actual employment and promoti~n to b e mad e from eligibility lists based on open, c o mpetitive e x aminations. II. The establishment and ~~~aintenance of a classification plan based on job analysis and utilized for administrative· decision making on compensation, selection, employee developutent , career adv~cement, upward mobility and other person n el. program activities. III. The establ.ishment and maintenance of an employee train.ing program designed to improve performance. IV. The establ.ishment and maintenance. of a job rela1:ed employee performance appraisal system, designed to asser-s the adequacy of individual employee performanc e in relation to performance requirements, for employees to recognize their m~r1 ·performance improvement needs, and as a basis for personnel action including promotion, reorganizing a11d rewarding super ior per- formance and correcting inadequate p~rformance or separating employees in cases,of continued inadequate performance. v. Permanent full .time classified employees will not be subjec~ . to separation except for just cause or such reasons as cur- tailment of work, lack of funds or other legitimate reasons. -15- I • • • • • - ·------------ §138:3 Career Service Board The Council shal l create a Career Service Board {hereinafter t h e "Board "), which s hall con sist of five (5) members, all of whom reside wi thin t he Cit y and p ossess the integrity and impar- tialit~ to protect the publ ic inter est, as well a s the interest of the City and its full-time permane nt clas sifie d employees. Members of the Board shall b e appointed, elected and selected, as follows: a. Two (2)_members of the Bo a r d shal l be a p p oin ted by the City Council for terms of four (4) years. b. Two (2) members of the Board shall be elected by direct secret ballot by all full-time permanent classified employees of the City for terms of four (4) years. c. One (1) member of the Board shall be selected by the four (4) members previously appointed by the Coun c il and/or elected by the full-time permanent classif i ed employees. Said member shall be selected by a majority vote of the said f our (4 ) members and shall serve for a term o f fo u r (4) year s from the date of selection . This fifth me mber sha l l be t he d esig nated Chairperson of the Board. With the s elec tion of the fift h mem - ber, the Board shall be duly constituted and each member shall serve during his or her respective terms o f o ffi ce o r unt i l h is or her resignation, removal or recall as hereinafter provided. d. Whenever possible, the terms o .f the office of the members shall be staggered. -16 - I • • • • • • • (e ) Members of the Board shall hold no o her appointive o r elective municipal office during heir enure as Board members. If) No employee of the City shall be a member of or an ex officio member of the Board. Council shall enact appropriate Ordinances providing for the foregoing and further providing for the r em oval of any Bo ard member for continued neglect of duties o r ma'l fe asance in office and shall further provide the necessary pro cedures for nom inati on, election, and recall of those Board members elected by the full- time peraanent classified employees. The provisions of any such ordinance aball be administered by the City Election commission as established in this Charter. §138:4 Duties and Powers of the Career Service Board The Board shall have the following duties and powers: ('a) To hear merit appeals of any full-time permanent classified employee concerning the proper application of the Administrative Proc.edures adopted pursuant to §138 :2 of the Charter governing Merit principles with respect to: (i.) Selcti.on and advancement on the basis of the employee's relative ability, knowledge and skills; and {ii) The establishment and maintenance of a classification plan based on job analysis. However, the Board shall have no authority or responsibility to hear or determine if a person were denied appointment or if a full-ti .. permanent classified employee .were denied promotion for reasons of alleged discrimination based upon race, religion, age, sex, handicap or national origin. -17- () ~---------~~~·0 I • • • • • • (b) To g r ant exc l us ive recognition to a n e mp loy ee organi- ation to represent full-time classified employe es o f an appro- priate bargaining unit for purposes of collective bargai ning. (c) Pursuant to Section 137:6 of this Article, to conduct hearings and issue findings of fact and recommendat i ons for resolution of mandatory subjects of bargaining upon which the parties are at impasse. (d) To act as the final authority with respect to approving appropriate employee bargaining units·. (e) . To supervise elections for selection or retention of certified employee organizations and to certify the results of such elections. (f) To hear and decide contested matters involving _petitions for selection or retention of a certified employee organization and petitions for clarification or amendment of an existing appropriate bargaining unit. (g) To hear and determine wbether any proposal or demand is a mandatory subject for bargaining within the meaning of Sl37.5(a) of this Charter. (h) To hear disciplinary appeals for any full-time perma- nent classified employee with respect only to whether that employ- ee's suspension, demotion, or discharge was for cause which relates to the performance of duties, personal conduct, or any other factor detrimental to the City and/or any other just and reasonable cause. -18- 0 I • • • • .. (i) To hear and determine g rievance a p p e als f or any full- time classified employee whose position falls withi n a n a p pro- priate bargaining unit for any matter no t directly related to classification and/or testing, or suspension, d emotion or discharge, and which is an alleged violation of the applicable collective bargaining agreement. (j) To appoint a hearing officer (with demonstrable ability in labor and employee relations) to make findings and recommendations to the Board for ita final approval with respec t to the following: disciplinary appeals, grievance appeals, and any hearing or pre~election conference as· may be directed by Ordinance with respect to petitions for selection or retention of a certified employee organization or a petition for clarifica- tion or amendment of an existing appropriate bargaining unit. • (k) To take such actions as the Board deems necessary to effectuate the policies of this Charter amendment and any Ordi- nances adopted pursuant here.to. (1) The Board is authorized, following notice and hearing, to adopt reasonable rules and procedures not . inconsistent with the provisions of this or any other Charter or Ordinance provi- sions which are necessary in the performance of its duties. Council shall enact appropriate Ordinances governing the standards and procedures with respect to any of the foregoing duties and powers of the Board. Council may also enact appro- priate ordinances to provide special assistance to the Board as may be necessary or desirable. -19- • 0 I • • • ( • • .. - Sec tion 138:5 EFFECTIVE DATE 7 VESTED RIGHTS (a) The provisions of this Charter a mendmen t s hall become effective.vithin twenty (20) days after thei r approval by the qualified electors of the City and the filing of ce r tified copies ~f said amendments with the Secretary of S t ate of the State of Colorado., and with the Director of Finance, ex-officio City Clerk-Treasurer of the City of Englewood, Colorado. (b) The provisions of this amendment shall not be construed to destroy any property right, contract right, or right of action of any nature or· kind, civil or cr~nal, vested in or against the municipality under and by virtue of any provision of law heretofore existing or otherwise accruing to the municipality; but all such rights shall vest in and inure to the municipality or to any person or persons asserting any such claims against the municipality as fully and as completely as though the within Charter amendment had not been adopted. Such adoption shall never be construed to affect any such right existing between the municipality and any other person or persons. Section 2. The voting machines and paper ballots f or said e l ec tion shall carry the following des i gnation wh i ch shall b e the submission clause: • FOR AMENDMENT NO . 1 AGAINST Shall the Hom~ Rule Charter of the City of Englewood, Colorado, Art~cle XV, be repealed and readopted to provide the following amendment: -20- 0 I • • • • • I • • • • ENGLEWOO D LABOR RELATIONS AND CAREER SERVICE SYSTEM -1981 AMENDMENT -To Ar icle XV of the Char te r of the Ci y of Englewood concerning the Career Service System and collective bargaining rights for certain Ci ty employees; prohibiting City employees and employee organizations from engaging in any strike; providing a Career Servic e Board to admin ister and/or hear and determine ce rtain Career Service System and Labor Relations matters and disputes; providing certain Career Service System and Labor Relations definitions; providing the right of certain City employees to bargain collectively through certified employee organizat ions of their own choosing concerning wages, hours, vacations, holidays, and certain other terms and conditions of e mployment and excluding certain subjects from collective bargaining; providing a method for resolving impasses in such barg aining, including submission for fact finding to the Career Service Board and submission to the qualified electors of the City for vote on certain unresolved is sues; providing certain factors and procedures for determin- ing appropriate units for the purpose of collective bargaining; providing a Career Service Syste m applicable to certain City employees and embodying certain merit principles. Section 3. A special election is called to consider the fore- go1ng amendment to the Charter of the City of Englewood, along with other proposed Charter amendments, for the 24th day of March, 1981. It is expressly understood that only one s peci al election is called to consider multiple questions. Section 4. The proper off ici als of the City of Englewood shall give not1ce of said general municipal election , which notice shall be published in the manner and for the length of time re- quired by law, and the ballots cast at such elect ion s ha l l be canvassed and the result ascertained, d etermined , and certified as required by law • Introduced, read in full and passed on first reading on the 5th day of January, 1981. Published as a Bill for an Ordinance on the 7th day of January, 1981 • Read in full and passed as amended on the 26th day of January, 1981 as a Bill for an Ordinance. Published in full as amended as a Bi ll for an Ordinance on the 28th day of January, 1981. -21- I • • • • • • .. Read in full and passed as amended on the 2nd day of February, 1981 as a Bill for an Ordinance. Published in full as amended as a Bill for an Ordinance on the 4th day of February, 1981. Read by title and passed on final reading on the 17th day of February, 1981 . Publ ished by title as Ordinance No. _____ , Series of 1981, on the 18th day of Febr uary, 1981. Attest: Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. Series of 1981. Gary R. Higbee -22- I • • • ORDINANCE NO. SERIES OF 198_1 __ • • - BY AUTHORITY COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMBER.~N~E=AL~--------- AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS: TO CLARIFY DUTIES OF MUNICIPAL COURT JUDGE BY REPEALING AND ADOPTING NEW SECTION 70 OF PART I I , ARTICLE IX, OF THE HOME RULE CHARTER. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. There is hereby submitted to the qualified electors of the City of Englewood at a special election to be held on March 24, 1981, proposed amendment to the Charter of the City of Englewood, as follows: That effective immediately upon approval of the qualified electors of the City of Englewood, and the certification thereof to the office of the Secretary of State of Colorado, pursuant to Section 9, Article II, of the Colorado Constitution, the Charter of the City of Englewood, and Section 31-2-210 of the Colorado Revised Statutes of 1973, as amended, Article IX, Part II, Section 70,of the Home Rule Charter of the City of Englewood is hereby repealed and new Section 70 is hereby adopted by the people of the City of Englewood, to read as follows: 70: DUTIES "RULES, PROCEDURE, ADMINISTRATION OF PERSONNEL AND BUDGET MATTERS, COSTS AND FEES, SHALL BE ENACTED AS DEEMED NECESSARY BY COUNCIL UPON RECOMMENDATION OF THE MUNICIPAL COURT JUDGE. Section 2. The voting machines and paper ballots for s aid election shall carry the following designation which shall be the submission clause: FOR JI.MENDMENT NO . 10 AGAINST Shall the Home Rule Charter, Sec tion 70, Part II, of Article IX, be amended to read as follows? 70: DUTIES RULES, PROCEDURE, ADMINISTRATION OF PERSONNEL AND BUDGET MATTERS, COSTS AND FEES, SHALL BE ENACTED AS DEEMED NECESSARY BY COUNCIL UPON RECOMMENDATION BY THE MUNICIPAL COURT JUDGE . • I • • • • • • And each elector voting at said election, and desirous of voting for or against said amendment, shall indicate his choice by depressing the appropriate counter of the voting machine which indicates the word •For• or "Against• or by the appropriate mark- ing upon paper ballots, where used. Section 3. A special election is called to consider the fore- gol.ng a•ndment to the Charter of the City of Englewood, alon g with other proposed Charter amendments, for the 24th day of March, 1981. It is expressly understood that only one special election is called to consider multiple questions. Section 4. The proper officials of the City of Englewood shall give notice of said general municipal election, which notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certi- fied as required by law. Introduced, read in full, and passed on first reading on the 2nd day of February,l981. Published as a Bill for an Ordinance on the 4th day of Februan-, 1981. Read by title and passed on final reading on the 17th day of February, 1981. on Published by title as Ordinance No. _____ , the 18th day of February, 1981. Series of 19 81, Mayor Attest: ex off~c~o C~ty Clerk Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the C~ty of Englewood, Colorado, hereby certify that the above and forego~ng is a true, accurate and complete copy of the Ordinance passed o~ final reading and published by title as Ordinance No. Ser~es of 1981. Gary R. Higbee -2- • I • • • ORDINANCE NO. !- SERIES OF 19 8-1-- • • - BY AUTHORITY COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND STATE OF COLORADO, DEPARTMENT OF NATURAL RESOURCES, (COLORADO WATER CONSERVATION BOARD) TO PREPARE A FEASIBILITY REPORT FOR ALTERNATIVES TO UNION AVEN UE DIVERSION AND PUMP STATIO . WHEREAS, the State of Colo rado and the Uni ted States of America, by and through the Corp of Engineers, have entered into an agreement to perform channel improvements to the South Platte River; and WHEREAS, as a result of the proposed improvements, it is necessary to consider alteration of the divers ion structure and pump station owned by City of Englewood; and WHEREAS, it is necessary to study alternatives for diver s ion and pump station systems of the City of Englewood located at Union Avenue and the South Platte River. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TH E CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood he reby enters into an agreement with the State of Colorado, Department of Natural Resources, (Colorado Water Conservation Board ) whereby Wr ight - McLaughlin Engineers will study alternatives for the Union Avenue diversion and pump station water utilities of the City of Englewood, Colorado. The study would require field investigation of existing facilities, gathering information concerning stream flow,sediment and d iver sion records,pumping c ri teria, reviewing recreational and flood hazard material, and preparing alternatives working with the City personnel and outside consultants . Se ction 2. There is incorporated herein a contract between the City of Englewood and the State of Colorado, Department of Natural Resources, (Colorado Water Conservation Board) consi sting o f four pages plus Appendix A consisting of ten pages and Appendix B cons isting of one page. Section 3. That the City Council of the City of Englewood hereby approves the foregoing contract with the State of Colorado, Department of Natural Re sources, (Colorado Nater Conservation Board) and hereby authori zes the Mayor of the City of Englewood • I • • • • • . . • to execute the contra ct on behalf of the City of Englewood and authorizes the Director o f Finance , e x officio City Clerk- Treasurer, to attest the s ame . Introduced, read i n fu l l, and passed on fir st reading on the 2nd day of February, 1 9 81. Published as a Bill for an Ordinance on t he 4th day of February, 1981. Read by title and passed on fin a l read i n g o n the 17th day of February, 1981. Published by title as Ordi nance No . 1981, on the 18th day of February, 1 98 1 . Attest: ex off~c~o C~ty Clerk-Treasurer , Series o f Mayor I, Gary R. Bigbee, ex officio Ci ty Clerk -T reasurer of the City of Englewood, Colorado, hereby c e rt i f y that the above and foregoing is a true, accurate and complete copy of the Ord i nance passed on final reading and published by title as Ord i nance No. Series of 1981. Gary R. Hig b ee -2- I • • n • • • - CONTaACT o.IA&TIW<TO& AQJoC\'- H -04-0 0 fU,O OO .... COI'IftACT,-"*~-"' pecepl!er If LO., .. -... -el ~ '-.. -_. .._. e1 .. ...,...__ f11 ., ••zuatL •r:souacra t COLQIAQO !Afll C OIIIIYAfiOM IQAIQ l ....................... -.... •t Clt,y PC lpelewqp4 14QO &p Jlett ltreet. lpalepggd. C0lere4p IQllQ -.-.-.... -. _...._,.-.... u. .. ___ .......,_..,.... __ _ --·-____ ._ ..,.... ..... -.....&JlAL_, G(L--~.c---._. -. ........ --.-----.....------_..., ... ~·· pu~auant to the proviaiona of 17-60-119 , Colorado aaviaed Statutaa 197), •• •••ndad, the State i a authociaad to conatruct certain water projacta for tba benefit of the people of tba ltata of Colorado, a n d we&a&AS, purauant to the proviaiona of 37-60-119 (l) (a), Colorado aaviaa4 Statutaa li7l, •• ••ended, tbe &tate abal l eau•• a faaaibility report to be prepared on aucb propoaad project if, in the diacrat t o n of tha board, it appaara to qualify for conaidaration under aaction 37-60-1111 and ••aa&AI, pYraYant to the pro•laiona of 37-60•122, Colorado aaviaed ltatutea lt7l, aa aaandad, the Colorado Geaeral Aaaeably authorlaed to be conetructed the Chatfield Project Channel laprovaaant project froa aucb funda •• aay becoae available t o the Col orado Nata~ Conaar• wation aoard oonatruotion fundt aftd wa&aEAS, purauant to S e n ate B i ll Sl7, en a cted by the Colo rado General Aaaeably durinq tba 117t reg ular aaaa ion and duly a ig nad into law. there waa appropriated to the Colorado Water Conaervatlon aoard the aua of S2,500,000 to provide the non-federal participation in the oonatruction of the Chatfie l d Project Cb an~e l laproYaaent, and wa&a&AI, tba State baa entered into a n a g reeae nt with tbe United Statea of Aaerlca, repre a e nt ed by the Corpa of &nqineer a on Septeabar 7, 1'111 an4 waaa&AS, the above a9re eaent b et~e•n the S tat e e nd the Uni ted &tatea of Aaerica, capraaented by t n e Co r ps of Enqineera, h aa be e n aae nd ed by Supplaaantal Agr e e~ent ~umber l, dated J anuar y 29, 19 10 : a n~ WHEREAS, purauant to t h~ p r ov ia i ona of ehe Sup p le m e n~•l Agraeaent No. 1, the State agrees t o p e .tor m w l t hout c ost t o th e United Statea, in conjunctioo w ith fur nishing rl~h t ~-o ~-wa y, al l ne ce as ar y r a•ova l or alternation ot exia ting ou i:d 1 oqe o r o ther imp,ovemen t a, and all necaaaary a lt er nat ion~ tc. . :1 ~0 (~!\ {~~c ept ra~olrob.d}, roada, atreeta , sawel'a and other ut.ll it leb; b ~ 3 WHEREAS, th e constr ~cti nn o ~ t n·~ Ch~t~l el o ~c ojec t Ch annel laprova- •ent will require t he a l t c L ~~JJ n o ! a ~Lv ersi n~ st r u ct~re and p uap atation owned by th e c on t:ac to! for th e purp os~ o f furniahi n g munici• pal and induatl'ia l wat e r sr...fJpl Lf"Z to o s(::S 1n t.t.e City of EnglewoodJ and WBBR&AS, the Co n tractor h ~a r.a ~e ~p p li c ati?n e~ ~he Colorado Water Conaervation a c ar~ for th' con d LcL o : a feasibil i ty atudy to develop alternative dea 1 q n sc he mes f r ~ru wh ~ct. t~e Con tr~ctor can se l ect a divera ion and pump s ta t .~n s y=~~r~~ a: ~~.o~ A~e~ae a n d the Sout h Platte River, and WHEREAS, the Contractor i a a City w it~i n the S ta t e of Colorado, "'-r. I uf --Loe~ 1 (S.. tf".lli iM."l~\·1 ... ,.~ .. ~ t&lf ...... , • I • • • • • • • . . aow raaaaroaa, it 1o h ereby •tread tbot 1. The Controotor o greao to h ove o feoaibility report prepared and directed to tbe probl •• of alter ing tb a praoant facil iti aa of the City in oocordonca with o propooal for project faoo1b1lity report prepared by t~e con aultiat flea of Wri tbt-McLaut hlln &ntinaara, 2430 Alcott ltraat, Danw ar, Co lorado 1 0211, an d ap prov ed by tba Sta t e, racaiwad •owaa~ar lt, 11 1 0, whlcb propoaal la attao b ad harato aa Appaadla •a• and •••• a part ot tbla contract. a. Fifteen (lSI copiea or the final report called for in thla contract oball be furnlobad to tbe &tate not later tban April 1S, 1111, unlaaa aucb tlaa la aatandad bJ autual •traaaaat of tba partlaa barato. l. &a coapanaatlon for tba aarwloaa of tba Contractor, the ltata atraeo to P•r tho Contractor tba eua of Twenty-One Tbouaand Dollara 1121,0001 aa fo11o••• (a ) Slaty pec c a n t (60t), to wit, 7walwa Tbouaaad 11• Hundred Dollara (112 ,100) of tba total oaou nt due in two (2) aont hly inat all•anta of Sla Tbouaand Tbraa 8undra4 Dollara Cf6,l00 ) aach , coaaanclng Dacaabar lS, 1910. (b) T he reaalnint forty percent (.0,), to wit, &l9ht Tbouaand Pour Hundred Do11ara Cfl,400) wltb in thirty (lO ) daya following receipt and acceptance of tbe written report apacitied in para9rapb 2 of tbta contract. •· ~bla contract ta peraonal in nature and aaalt~ant of pertoraance by tbe Contractor to another ia prohibited unleaa prior approval in writln9 ia 9ranted by the S tate . s. ~be Contractor 1a an independent Contractor and aa aucb ia not entitled to any benetita of tbe State perao nnel ayat••· • I • • • • • - t ••••At tllM CONTIIOLU.It'S AI'I'IIOVAL I n. C\Hili'Kt .. "' M dn: d w-.a&.d wtlif tl .h.MI haw-\td'• ·~ .. dw CHI,.., oletw kMt o( C•Jiluta4u 01 1iiK'h ...., .. , • he nu, dc"'ot~c Th• PfV\'..utt • .,....aWe t MY ~o.tHUOC.t Mtwuht~~t dw,. .,., of _,., ... _ FVND AVAILAIIUTY l f"'......a.l ............ .t lJtco !lthtll' ,.,....,. •fM'f UW ('M"UI (~ yUI we C911111Rt"l -.-f•U fOt" l"-t .--....... --...... ftl aoodut __ __ -D ll£QU.DI£NT l Ullllll c.-..:t•WIIIwa 11w ,..)'IIIICM of...,.-tea...._. dol'-n for lk c~ ........ ,....., -· .. -ol•y bouldaotl . 11:1011 ......... -'· .-.~ ...... _ 0<-..... ~ ,., .... __ ... ______ .... ,.._ol_, ___ l ___ __,,4ul, ....................... r.tc: ....... otfc:..r whoM WIMI:UR -..r ... bdow for .. S&Mt •• aood ..s ~ baM w oiMr ~ away to be ~ b) .. td otrK" .. I '" a ..... .-. Mtif ku dl.u G~~JC--hAlt' of eM ..t .-: ,.,...._ ~ .. --ol tltea ~o.nct Sch boad ..a.JI be._.>. c.a.caM-d b)' • qw.hfled ~ iWCC)', ~ lot 1M '-... ,.....,_,, pcrlOt'lnMCC o f the conuact. a nd '" .Octu.KMt , ..._., pro•Mk tMI tf the or 01 IIIII t ' •·kft fed 10 ... ,. ,.y for .-y a.bur, m.k:nel• .... m hu·c . ~n.aace, PfO"~KIM . ptvvc.ndcf ot other .............. (II~_,. ....... ..,...cw Of htJ wbc:OMraclOr "' pcf~ ol!he won.~ &o .. doM • .. ....ay wt&l ,.,. die ..-aa • .mou.M ftOt u cuchna the ""m 5pD0faed "' &tw: ~ • .oplbor wtDI UMc-rnt .. the '* of c .... per cc.c pa .....,..-, U nte.. wth bond . whc.n 10 r¢quatcd, '' c.u:c\lled , ckh~red Md (dcd DO da.un tn fe..,.. of dllc C'UMta.--.of .nwn• wndc.r ttm ~OAU"IIICI ihall be audaatd , •Uo wcd Of peld A cc:nd"te:d cw ca.httr'• ~k or a .._. -y order rn..dr JNYabk 10 the: Trc.uurer of the St.tt of c,•Jorado may he .C«P'ed '" k:1w ol • bond ltlli .. UM WACE 4 . bctpe a .. ~ I"V .... by bw. 1f I .. t.:onlrliCI JW~IOn for tiM p.y nwftt of IMft 0... fiwt~ ......... ,.._.. cw -~ lhe rmp6Gy,..... of~tsor mech•~ .. rliwconMnK'ItOa ... lft'etMMI ot ~pa~rof .,. ~ Of ...... ,.Wtc work . f n «pf hipway,, hia)\w•y bndjlft. MAd~rpaMon IIAd hithway .tniCUU'ft o r .. 1 W..J wilw. 1M ....,.,a...t.lli..u ~r tiM Stat ... dM nlr 11f ...... few _.1 l.atloUftn •Rei fM'(.'hwla anpktyed br 1~ -.....ctor or •)' ..-..tnc1or on ttw bu..._ Of pu&IK: wurit, cow-ftd by Cha 4'0ftfract .h .. l k nul .... ,.._ tt... ......... ,... of waps fur work of • toimUM Ml\ltr in th.. CII Y .tuwn. •ilbtt ur tl4het n.-11 •u bdtv~ ufthe State .. wtltidll dw ......_ or odwr pvbUc: WtHtr. .. luc.ted Dbpuln N..ptefll'l ,....Uu\1 nih •·•II k raohord M ~ ln 8-16--101 . CRS 1971. ·~ MWnded . DISCIUMINATIOii ANU AFFIRMATIVE ACnON S. Tt.r C"lratl'"' .-s lo co.npl y with the teuer ~ llptnl uf llac Cukonockl Ani.O.C:nllhiAMto.a Act of lt57, • ~ . ..cl '"her a,plic.tote biw R!tpC'Cllnl di:W:nmmoiiiOf\ and 1111fwr emplo~nwnl ptKhCft (24..)4.)01 , CRS 1971, • -"*4). Md • ~quftd b y h«uiiW O.J<t , t:.ltutJ Orti uM't um t~ artd Alfinuci•·r Action. d.a~ Aprill6, 1975. ,.,,.,..., tltnrtu, dw fuMowiiiC JW.W~C/IIU ~,/1 k ~'""'MIItftl '"uti -"'•" t'tMINrh Iff •k,.lfWI&. o.riaa lbr ,erf-...cc ur thiS CUtU f'KI , thf: CUflillklo f ..,...-.:.a folio-.: (IJ T'IM CN~IIKtur t~~oiU nul ~nmiu&c ..... 1\il »uy ~mpioyu or applicul for ..,.Of_l '-'-el nee, cl'ft'4. color, u&to~Yi uftlin. wa. maruai ~lalwa.. rdipun. aocnlry mnbll Of ... yaoac.lllt. ...... w .. n. c.lr:ICIQf -.11 '*« arfinuhw .cltun tu buu~ thai ..,.icanu ~ _.,.ptoyed, and IIUI ...,..,.... .. t...erd daft• ~mploy.-nt . Mlh<M~I N"prd to the a.bcht mcnliuncd cb.anclcmcicl. Such aelioa lh.U u.ctiMie, IIIII ltol ._ u.niled IO tbc fo61o..,n1: ~mployme:nt , "P"*''"J. dcmo11on , or tnnJer, I'KNi.,_..l • rec:Nil-1 ~ •. lay-<iofb or kmunMioru. rJie• uf ra)' i)f o lhtr rOIT!b o f tom~nueto., MCIIIIMc:tion for tniniaa. Mductina app~nl~eethtJ». 1M c:ottt.n.ctor ~ to P""' in co~U9ic"ous placa., .. -... 10 employees and ~ppbc.aau ror mtpiQynwnt, notK"n ro be prun ckci by the ('('ntraclina off.ccr tiC'lhOJ rwth pt0¥1110n~ or d:u:s nun·cil iC'r\frunatltln t"lltUk fl) The c:onc.raccor ril. m a.U ~~oobcntu uns r•r edvt:rtlM'rMn b fut C"ml)foyH~ piKed by or on bt.half or lht c.onlriCtor. dale rh at aJJ qua.ll f,t •i ii pph.:J~nh wtf l ~~.._e .:oru.ukrah~n for tm1Joymtn' ~thool rtprd to race. ~rnd . c~or . naho r.ta! o rigin SC \, mantal H;.tu~. rd1(p On, .mcrury. m<ntalor phy~.ll handicap. or •· (3) 1M c ontn.clo r v.11J 3ol!Od •o t·.-lh h,hor uruon ;)r rer.~se nta r t •c u r V>'Ottlen ~th whadt he ha coUecuw: berpinina lpffmc-11 1 ur ~rl\cr cun tra. 1 o, ttu.~ .. ·n t.~nd ~n ~. r ,.., .• ~: ru be 11ro\idtt! by cht conuaccina orrteer, ad\olllnJ tht labut union o r -.v rkt"r~· n·pft'SI ntaiiW ur th.• ('n!l ttw'Wr ·~ t umnutltnenl under 1M Euc:utiw Ordn. Eqt.&ail Opportunlf) an d A fhrmatn r Ar .t.•n. 1Jitt"d Apnl l b . ~~-s .a.nd of the Nltt.., qulalions. and relevant On:k:~ of lhe eo~~mot (4 ) Tite coutf"k l 'tr a.nd la bu r uruc..n .. ..,l IUr\11\1\ .. •· :n ,,.~:,.,, ar .! u:.HKb re quired by EJII;«utt~ Orckr. EqWII Opporruruty and A ff.r.na tl~t A•l lh•l uf A prJ to, J·J;5 , .~o~t1 t." thr rule\, rcguiJIIuM and 0rdotf1 or the Covtmo r , o r pu ~nf t h ~rtl o . •nJ •ll, I)C:I'TI ..-~~· 1· rt t.J~ .,,, ft"ltJrd'!lo, and ac.:ounb by lht contncllna .ncy ud lht or!'ke ur tht Govc.tn ur ol. •I: lot J.W'e I )I r•u rpOk'~ of mvuhgation 10 uet:r..aan c ompliance With weft rules, repU.tl:ioro and cort:k u.. (S) A labor OIJII nC'~t ion •••111 n .u r l.~!u .. t.-llr• tll\U\•Jua! olher-¥1•-c qc.al:f1<:d from ruJI rnembt.nhip riahts in IUCh labor orpruullun, o r t.''-l.""' ar' s.t ch mJ, .. ,rcal ff'lm tnt nbtnJup m •uc.h labor Ot"JANUiiOn or dilcnmi nau~ ...... n I a n' or I'O h 1 .. <nll(.f"' •, ~h .. f••'l fi•JO't'll'tO' ,( ~ ~f' •'"pCnh.l •Hty becawoe Of rKe, C'J''f"Cd , C~Of , Will., nattonal OriiP O. Of a fV'f:)tty (6) A labor orpniution , or th~ c1npluvec.~ ur mc-mbltl'$ thcreol r wi1J no I aid, abet , incllc, compel 01 coef'CI 1M dolna or any Kl ckfincd io llti\ c(lntncl co be diacmnin•lory or ot.cn.c1 or pR'Y't'nt any ~rsoa from comply iDa with the provilions or lhh con~! or ~l)' u rdcr 1b!JH thereunckr or IUt'.mpl, e:ithu diftcdy ot ind&recdy . to commll an t ICI defined m th•• ~·,,m t r a..·t to tiC chk-rirruna1ory -• .L. of--'--P•F> • I • • • • • • (7) .... _., ... -. -· _., ... __ -..,. ., ... -. ...,.__ ___ ... __ .......... __ __, _ ___ ,.. _____ ......... ......,.. ... _____ _ ...-.---~-..... ~ .. _.......-., ........ , .. .. -. .......... -............ --. .. ------...,_ ........ _ .. __ ,.._ ____ ..... ~ ........... _.,.._. .... J?S.•III'-. .......... -............. ---.-· _,.._...,. .... (I) 1llo-.. -._ ,..-al ,_..(I)_.,.. (I) io ._ _ _. ____ ,__ __ ._.....,-. ........... ----~ -· ..... ___, .. "..._-., .... 16,1971 ....... ...-.......... ........ 16 I II ............ ~ ............... llllllild........ .• _,__ _________ ..... _.,.....,. ... ...-. ...... --:--.-...... _ .. ___ .__ .. --....... --. I ----··-al--111'-.-.... -··---.. -.,~----........ _ .. _ ., .. _.,~ COLOilADO LA-..UU£111CE .. --a1 .. 17·•••·• 101. cas 197J •• ....-.rc-...--~··lllio-11 ...... --·------------... --.... GiNUAL 1. •-., ... -.r c-... 01111 ....... -......---· ........ -.,...,... 1o .. _,....... •• _ ...... ,_., ............ AIIy ......... oldoio ____ ... _,__.., __ ,.......,__..,..,..,._...,....IIMJ .. ___ _ _________ ...,..__.__ ... ___ Nelloloa_io ..,.,........_,__ ...... ..,~---.. -..... ..,. _ _..,_ .. ---... -----------..... -...... y ........... -.. --.Ally ..................... _.., ... __ ..... ,_. __ ............ ., dllil c:.~~~~..n •• dire«& ........ ~lnel • a,eWt., ......... . l.lllo .......... --llool lloey-,_-I._..JOI .OI -. .. (...,_.C_ ._) ... 1~1 .01 ...... (-oi,_Oif"_J.C.R.S.I97J.•-.... -........................ . -·· •• Tllo ..,..._-............ k-. ... -. ..,..,.. ... -......... --·-...._ ............... ,...,...y-llnrio . IN WITNESS WIIUEOf. llle ponlft -.. ko,. ·--11o1t ~~ .. 1lle •r Iiiii ._ -- STAT£ Of COLOIIADO CI~Y or a•GLIWOOD RH :HARII U.I.AIIII. c;UVEIINOII c..ar---------------.,. '1taEL1JTI¥tlllatnua. o. •o•~• raacoa DEPARTMENT ....... ______________ _ Of MITtlltl '''O"'C'' -----------------COLORADO NATIR CONIIRVATIO• IOARD IIIPLOYIIR I.D. NO. ~ ....._ / By r.;-~!'_~-4_'--. -- AWMOVA~' WILLIAM MCDONALD, DIRECTOR AITOMNEY ,._ENEK4L -----------L O,...TROU~l ------------- ., ., ..... _._whic:h;. lhe ... ··-·--•s.. '-••ct .,... na,..... .... ..... 0011 .. l 'I I • • • • • • .,ll ... fiiii.TM ... I .MT w••1..•a.o 1 •••c • .... OOVClL.t.a T MVI.N ....... _ ... ···--·--··-·· .. -·-.-· ... --··- .......... c , ..... '"' ..... .~ ... .... -~~·· ..IOMfiT ........ tt0MAL00 CLOMI .... ....... ·~ , ........ h._ ........... ~ lltc....._L...__ ,... .. ......., ... ........ .. " .... .,. , ..... ~"" ..... .... " .. " .. .,.... , ........ _. ... .IACII w .• .,.. ..... ., •• ....._. ... u••• ..-. Nick Ioann1des £NGINII:C:,.t NG CONSULTA NT• .... a.LC.On ., .... , ........ ~ ... . ··-........ Nov-. 19, lt80 Colorado water Conservation Board 1313 She~an Street Denver, CO 80203 Dear Nick: t• , ... I#WC I AL.n' ,,._.._ W ••n• aw~., ••• ... ,. •• ew9.._ •aTil.• A"fD N•AII 1".C. .. T•IIItY ..-..... C:OU,_I CT ......... at:fll .. .,. ... --······ ,. ... .-.ctTRCTICMII •L.OOD C.O .. TftOL ., ................. &.IIIIT"U ...., ... Enclosed please find ho copies of the •Scope of lt»rk It•s• IIIIich apply to our proposed contract with the C1ty of Engle-aod. WCT:hes cc: Stewart H. Fonda •• ,.11: .. 01•1 VIMTNO• •vtNUI Aa.NN, COLOaAOO etlll -···· OILLOIN L.AKI oa•••• • ••••co , COUMtADO eo••a OA.INWOOO ........ ... 0 001 •••• ....... wooo Ptt••••· GCN.MADO ethl Very truly yours, WRIGHT-McLAUGHLIN ENGINEERS • IT'&AIIMAT ... , ... . ~-0 ..... .. ITea•eoAT VIL.LAIR, co..-.... ... " C .. IYIININ& ............ ._... .. ",. CM&YIJI ... , WY ... tNe ..... I • • • • • .. • PRELIMINARY ENGINEERING REPORT OF ALTERNATIVES FOR THE UNION AVENUE DIVERSION AND PUMP STATION ENGlEWOOD, COLORADO S-1 The report will prov tde altern at tve design schellles frc. Wlich the Client can select a dtverston and PI'IP station syste~~ at l.tlton Allenue lnd the South Platte River. The altern at tve design schetles lllhich will be c0111pared in this report will be si111lar to those listed below. ALTERNATIVE It>. 1: This pl~r~ will include the construction of a twelve feet high diversion d1111 ~r~d coarse screened intake. A divers i on pool upstream of the d• will be included with sedi11ent flushing capab11ities. Grit handling capabilities will be provided with either a swirl concentrator or a grit chamber. This alternative will include a new punphouse utilizing solids handling type IJ'IIIps. ALTERNATIVE It>. 2: This schelle is similar to No. 1 above, except that fine screening will be investigated. This alternathe will include the design of a new IJ'IIIphouse probably-utilizing vertical turbine type pumps. ALTERNATIVE r«>. 3: This scheme ~e>uld use an eighteen feet high d1111 that is wider to handle flood flows. A redesigned coarse screen intake would supply the existing sedimentation pond. The existing pumphouse ll()uld be remod e 1 ed and ut 11i zed . The alternative utilizing the Fabri-Oam concept will not be investigated in the pre-design report. The baste tasks of the predesign report are to: o Refine design principles o Develop and describe the key concepts of three alternatives ··---- to an extent suffic tent to 11ake valid com par at ive cost est 1mates based upon a cost curve type of analysis. --------------~~----=---.-• I • • • • • • S-2 o Provide evaluttions of each alternative. o Rtca.endations as to the final design 11lection _,11 be •Ide. o Rtfine the selected alternative end its cost esti•ate. Signifi;ant ~k ite~s in the report ~uld include: 1. Field investigation of existing facilities. Using •11ting base topography, affected ex 1st ing fac tlit ies end ut i lit tes "'11 be sho..,. 2. Infor.ational gathering of river stre•flow, sedi-.t and diversion records end data. 3. Review of puap1ng criteria. 4. Review of Recreational and Flood Hazrd Criteria. 5. Conceptualization of alternatives, and preparation of relathe cost est i•ates for each . 6. Review of alternatives with City personnel end outside consul- tants. 7. Approxi•ate pencil h,YOuts for the project file of the selected plan and a refined est i•ate of that plan. ~)!less this scope of services 1s altered fr011 the description in Section A, the draft alternative report shall be co.pleted end delivered within 60 calender days after the execution of the Contract. The final draft report w111 be c011pleted and delivered within 60 days after the the engineer has been notified of the choice, provided that the plan 11 basically as reca.ended. . .............. -··· . . . .. . . . . , . .. . . ., . . .. . .. ... ~.. . ............. ----.. _ • I . • • • • • S-3 Attendtnce at proeot tonal .. t tngs. preparat ton of exhibits for proeottonal purposes. and other &~~foreseen tt•s of 1110rk authorized by the Client • but -.tch re not incorporated in the preced tng scope of 1110rk and Appendix A. shall be identified and ~greed upon prior to acc•pltst.ent thereof. The fees for such ~Grk tt•s w111 be charged on tn ho&rly basts at the Consultant's hourly rates. as sho.n on Appendix I. This scope of 1110rk contr.:t shall .. t all applicable requ1rea~ents of the Q)lorado water Conservation Board •&u t del i nes•. 1978. pages 16 through 27. Ho .. ver. the following specific .adifications are made : PART A 3. The engineer will not be responsible for obtaining reports of interested agencies. PART 8 3. 4. The City of Englewod will provide all pertinent infonution regarding the City. 5. The water needs tnd pu~~ping criteria will be summarized. but general data will be referred to other reports. 6b . No soils or geological exploration will take place. and the only evaluation to take plece will refer to histor- ical drawings obtained from Englewood. 6c. No detailed structural evaluation will be made, approxt•ate sections will be conservatively estimated . _...... .. -.~-- • I • • • • ,. • 69. llo cletatlld ROW investitation w111 take place. lnfonution provided by £nglewood w111 be reflected. 7c. Operation and Mlintenance costs will be provided for the rec~ed plan only. 9. llo evaluation of financial feasibtlity will be •ade. PART C 1. llo env iro!IMI'Ital assess~~ent w111 be prepared. WRIGHT -~LAUGHLIN ENGINEERS ~~- tJ)t{ft-cz~,.~ 11 .. e. tagP"rt I . . - ' I I r I I' II I I I j II l i H IJ II H i~ " ., f .;: !· 1: ! : I .I :: . . ·(. · .. : !· . · ... • • • ,. • ' N'PEIIJU A WC. £fFORT ESTIMTE ~ B Ffell l11~tf• of hcflft.J: As-lt11f1t ........ , llil. utce giles ild (~lite Screew a ltse Shftt: Prep.-e c_,.,sfte base ust.., OSAtE ctata. &tfleteoc~ drawf"!s w rea~n, ••fllllle htfonutfDII lhftt"' -.., & ltll~~et t ... ut f1 fty s.w, Utfltty Sllrwey 'lot Rese.-ch of A'atllllle Ffles: o;. & p~IISe 1 Brtdge Sell!r INter Gas Electrical ~tf~s IIIII Phone COIIYeruqons wfth USAC£ lAis .. ng COrps representative wt II a~eet us here) 8 Subtotal 0 .,., • • ........ , Dlll•s feel!. Direct .!!! IC Ill .!! or Sec. Cost 8 2 4 a 2 2 8 a a a 2 4 4 2 4 4 1 1-1/2 1-112 12 S5o 4f 0 -n 0 -m -m • • • . . • 0 ; l :1 I ' t ' f l ........ DDllrs tech. Direct I RCIII lET -.. ... !!. ~ Cost Hfsterfcal Data lewfl'r. Stre..now 2 11 4 SHt.ett Yfe14 Estt•ates . ' Clleck wftlt USGS, USACE & 4 4 ' ~ i ; : otltlr reftre~~ees _,. "' Dati Oft w illlltt • ; 1: Dtt~fllt re.-tr• welecft1 IN slo"s for fl_.t.., 4 .8 Htstorfcal Dtwersf• Alconls f Search N Arwfew 1 4 4 . i Htstorfcal U. _. Mlhtt•~~~ee : : of Extstf"t SM. lnf11 1 4 . ' · , .. ,.., Crfterfa: 1 1 2 ... !: ·,: Recrutfonal Crfterfa: 1 2 .. Ei•1ne neid for ... pedestrf111, bfkfnt, •tteweter, safety COitSfWitfiiiS Flood Huanl Crftrfa: ! (Interpret Niteriai ! fr• USACE) ~ ·~· .·£ :·-• . W.total 1 11 ' • 0 3D a -. . i *tfot confhwed .. • • • • • " :;. j ; 3 i · l: :j ~ EvaluetteR of AlttrRattves: ......... , DD11rs (cost CW¥1 t.JIII of •alJSts) fed. Direct !I ICII ID -.. ... 31 ~ Cost H Al ten~at tn 11 Calc. Flool ~aMltcs I 4 z I li llacbttter (Use ...,._tiNt t011s 111M delltl .. .-It lltttl .I ft•al dest~~t) '!! Dtverston Pool Stzt .. z 4 4 ·:I Slutce Gate Stzt .. 3 .. Gate Enl•tton 1 .. I lilt• Stzt,. I En1uat1• z z II !} lewtew with Structural CORs•ltlftts 1 4 hr•S150 ., Rewtew wtth Sotls COftsMltiRts 1 4 lr•S180 !! 0. Enluatt011 1 z .. 87P1ss Evaluatt• 4 z .. ':1 :II S.trl Conce~~trllor/&rtt It• 1 1 .. ,_. Stitt• Enl uat t• 1 1 z Sct.ut tc ll)lltlll 1 z z .. ;-;! Cost. Esttute 1 .. .. . :.: :! Altentattve IZ Ft•e Screea I•t"-I Eval..ttOR 1 .. -~. (Uses s-d-. PMip Statt• EvaluattGR 1 1 2 : sl utce gate IRCI Sc'-lt tc liJOut 1 z z 4 bypass as Alt . 1) Aevtew wtth Structwal CORsultlllt 1 4 lr•$150 Cost Est f•ate 1 .. • ., WltGtal -,~ ...., 6 6 -w , Sllti ~:.· , .. ·~· :.o· .1/ • , . ... I ;! ... • "--· ' .. • • • - .. ,: t r 4 ~i Enlllltt• of Alt...lttwes (ca~~t'd.) ........ DDllrs . , tech • Direct !! a lET !!! fC "' !!.. ~ Cost . : ' Al ttntlt tn 13: floOII H.Jdr•l tcs _. kk· '' . ' ( 1.,. d• -chick ..ter C.lcuhtta~~ 1 1 2 , .. ,.. ..... l .. ss ,...,.... .. te) 111t•st Alt. 1 utsttftl....., Stttt• 1 1 Mil Z) .. , .. 4 . I a,.ss Ewll .. ttow 4 2 4 I Sc-.t tc laJOil 1 2 z ·4 . i 0. Euluettow 1 z i Rlwt• or EatsttRt list• 1 2 .I Rntew wtth Structurll C.sult. 1 S150(41rJ II Rewt• wtth Sotls Coltsult. 1 $180(4111" !I Cost • Est t•llt 1 4 4 ~~ ; f 11v tew 1114 ._._..._ I It t011s b7 Dr • Sh111111 lncor...-lle '" lt,..t 2 z 2 Dr. st .... ! { .,,..t ~ (S1,CIIO) . ;: Prtt1l llf"'ft Report Allows Eftlle._., _, OD !{ Pre,.. It tOft to review 1ltern1ttves 2 11 16 32 5 coptes ... lnd CWCI -$25 :· ,. ·' ,. t . ~ . Tetttlttft :.i.· Rec.-...lll 1011 1 4 8 ! ~: Review wtth Stiff, ji CVCI IIIII USACE 4 4 ·.!; • • ~ e .. ·.~. • ·:::. :·~ ; . • • • • ~ 5 . ......... DDllrs ,; . ~ Tech • Dtrect ... ~ lET -"' ... "' ~ Cost l; •' :~ . •eft......t of Select .. ltwtew Stzlftt Calculltt..s 1 2 4 .. .. "• ,, ... 011 Sc'-lt tc La,.ut ltft.--ts 1 z • H m-..... atn IZ) Cost Est fMte 1 11 ~ Fhtal Report z 11 24 3Z &GO ,. 'I MNtt;s wttlt Er.ltwoll , . .I ~i (3 ot W1th slff iitd/ _! or Ctt1 Ot..ctl) _! _! I :~ Wttetal 11 6l 107 0 4 • 61 1155 .. ;! .. .. , . .. ~. TOTALS 15 123 1. 11 zt 5C 111 $2335 .. ,: .. Rot -b lt:laughlt1t ,. .. WCT -lltll T199rt ...: -lltll Kendall MG -lUke Giluut i • "' -Mtlre ~rcer f' ;p -JDiwl Pfl-, . .. ~ :: ·: ·' ' : • - • • • • • • - APPENDIX I IIIRUiHT ·ft:LAU&HLIN EltGINEERS 5CtEDULE ~ IGlltLf RATES PIIOJECT lfORIC UFECTIWE .MIIUMf 1. 1110 THROUIIi DECDIIO 31. 1180 Personnel Sentor Prtnctpel (ftgtne .. Prtnc tpal fnttneer Sentor Engineer (Ctwtl. San1ttry. Mater) Sentor Mater/Irrttatton fnt1neer Sen tor &loh,Jdro 1 ogi st leoh,Jdrologtst Mater Resource (ftgineer Engin .. r (Ciwtl. S.nitary. Mater) Senior ~ineer Dlsigner Resident !ngineer Water Rlsources ~alyst &roundwlter ltologist Senior Draft•an . Senior Resident Inspector fntineerint Draft•an ~rolotic Technician Ras ident Inspector Engineertn1 Techn1c1an Technic iii'I/Secret .. ial AutOMbtle at !4$ per •11• Rite per hour s 50.00 44.00 36.00 36.00 36.00 28.00 28.00 28.00 28.00 28.00 25.00 24.00 23.00 22.00 20.50 20.00 18.00 18.00 15.50 Four-... ol Drt•o Mtclo ot SOl : ot~ ~ Date /1./o .•• ------------------ I . • • • ORDINANCE NO. SERIES OF 198r---- • • - BY AUTHORITY 'I COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER ~N=E~A~L~-------- AN ORDINANCE APPROVING AN AGREEMENT BETWEE N THE CITY OF ENGLEWOOD AND MISSION VIEJ0 WATER AND SANITATION DISTRICT GRANTING AN EASE- MENT ACROSS CITY OF ENGLEWOO D REAL PROPERTY LOCATED IN DOUGLAS COUNTY, STATE OF COLORADO. WHEREAS, Mission Viejo Water and Sanitation District, a quasi-municipal corporation organized under the laws of the State of Colorado, operates water and sanitation facilities; and WHEREAS, Mission Viejo Water and Sanitation District requires, in the performance of its quasi-municipal duties, an easement across property owned by the City of Englewood to c onstruct water and sewer utilities; and WHEREAS, in return for the easement across property owned by the City of Englewood, Mission Vie jo Water and Sanitation District has offered to the City sufficient consideration to pay the fair market value thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood shall grant to Miss i on Viejo Water and Sanitation District, a quasi -municipal corporation organized under the laws of the State of Colorado, an easement over, across and through real property legally described as follows, to wit: AN EASEMENT 50 FEET WIDE OVER THAT PORTION OF THE NORTH 1/2 OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 68 WEST, 6TH PRINCIPAL MERIDIAN, IN THE COUNTY OF DOUGLAS STATE OF COLORADO, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAl D SECTION 4; THENCE S o• 34 '55 " E, 347 43 FEET ALONG THE WEST LINE OF SAID SECTION 4 TO THE TR UE POINT OF BEGiNNING· THENCE LEAVING THE WEST LINE OF SAID SECTION 4, N 85"00'00" E, 311.18 FEET; THENCE S 85"00'00" E, 450.00 FEET; THENCE S 65:00'00" E, 331.92 FEET; THENCE S 13"00'00" E, 488.46 FEET; THENCE. S 18 00'00" E, 728 26 FEET· THENCE S 70"00'00" E, 657.27 FEET; THENCE N 50 00'00" E, 75.00 FEEi· THENCi N 30"00'00" W, 425.00 FEET; THENCE N 20"00'00" E, 400.00 FEET; THENCE N 77"30'00" E, 686.75 FEET; THENCE N 90"00'00" E, 283.69 FEET; THENCE S 1"06'00" E, 650.00 FEET; THENCE N 89"42'13" E, 425.10 FEET; THENCE S 40"00'00" E, 765.86 FEET; THENCE N 90"00'00" E, 150.00 FEET; THENCE N 0"30'00" W, 600.00 FEET; THENCE N 89"42'13" E, 910.00 FEET; THENCE S 40"00'00" E, 578.36 FEET TO THE POINT OF TERMINATION ON THE EAST LINE OF I • • • • • • • SAID SECTION 4 FROM WHICH THE EAST QU ARTER CORNER OF SAID SECTION 4 BEARS S 0'54'24• E, B52.94 FEET MORE OR LESS. EXCEPTING THEREFROM THAT PORTION OF SAID SECTION 4 GRANTED TO DAN KAMPHAUSEN CO. IN THAT CERTAIN DEED AS RECORDED IN THE OFFICIAL RECORDS OF SAID DOUGLAS COUNTY, COLORADO, IN BOOK 228 AT PAGE 458. ALSO EXCEPTING THEREFROM THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 4. TOGETHER WITH A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES OVER A STRIP OF LAND 10 FEET WIDE, THE WESTERLY AND SOUTHERLY LINE OF SAID STRIP LYING ALONG AND BEING COINCIDENT WITH THE EASTERLY AND NORTHERLY LINE OF THOSE COURSES DESCRIBED AS S 1'06'00• E, 650.00 FEET AND N 89'42'13" E, 425.10 FEET, IN THE EASEMENT HEREIN ABOVE DESCRIBED. ALSO TOGETHER WITH A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES OVER A STRIP OF LAND 10 FEET WIDE, THE NORTHEASTERLY, NORTHERLY, NORTHWESTERLY, SOUTHWESTERLY AND WESTERLY LINE OF SAID STRIP LYING ALONG AND BEING CO- INC I DENT WITH THE SOUTHWESTERLY, SOUTHERLY, SOUTHEASTERLY, NOR THEA STERLY AND EASTERLY LINE OF THE EASEMENT HEREIN ABOVE DESCRIBED, EXCEPT ON THOSE COURSES DESCRIBED AS S 1'06'00" E, 650.00 FEET AND N 89'42'13" E, 425.10 FEET, SAID COURSES HAVING A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES OVER A STRIP OF LAND 40 FEET WIDE THE EASTERLY AND NORTHERLY LINE OF SAID STRIP LYING ALONG AND BEING COINCIDENT WITH THE WESTERLY AND SOUTHERLY LINE OF SAID COURSES OF THE EASEMENT HEREIN ABOVE DES CRIBED. THE SIDE LINES OF SAID 50 FOOT EASEMENT AND SAID 10 FOOT AND 40 FOOT TEMPORARY EASEMENTS TO BE EXTENDED OR SHORTENED TO MEET AT ANGLE POINTS AND TO TERMINATE AT THE SAID WEST AND EAST LINES OF SAID SECTION 4. CONTAINING 5.32 ACRES, MORE OR LESS. Section 2. That the Grant of Water and Sewer Line Easement is an agreement consisting of four pages plus Exhibit A, consisting of t wo pages, and Exhibit A-1, consisting of one page , as attached hereto and incorporated herein by reference. The agreement generally pro- vides for an easement over that property previously described and a temporary easement for purposes of construction , re pair and main- tenance. The easement allows the nonexclusive use for the purposes of water and sewer lines and n ecessary and pertinent eq ui pment . Access to the easement is granted and the Mission Viejo Water and Sanitation District is r equired to restore the easement prope rty and temporary easement property to the condit ion it wa s in immedi - ately prior to construct ion, repair, or maintenance as nearly as is practicable. The City shall not c ons t ruc t improvements in the -2- • I • • • • • ,. nature of structures or buildings on the easement property. There is no restriction with respect to construction on the temporary easement. In the event of abandonment of the line by Mission Viejo Water and Sanitation District, the City may require the District to remove or neutralize any improvements constructed in the easement. Section 3. That the City of Englewood has granted to Mission V1eJO Water and Sanitation District a license to allow construction across real property described in the easement. The license is granted on the expectation that the easement shall be approved by City Council. However, should Council not approve the easement, the license may be revoked by Council on motion duly made, seconded, and passed. Mission Viejo Water and Sanitation District undertakes construction under provisions of license at its own risk understand- ing that the license may be revoked and the easement may not be approved. Section 4. City Council hereby approves the aforedescribed Grant of Water and Sewer Line Easement, hereby authorizes the Mayor of the City of Englewood to affix his signature thereto for and in behalf of the City Council, and authorizes the Director of Finance, ex officio City Clerk-Treasurer, to attest the same. Section 5. This ordinance shall not be effective until the Grant of Water and Sewer Line Easement is approved by Mission Viejo Water and Sanitation District. Introduced, read in full, and passed on first reading on the 2nd day of February, 1981. Published as a Bill for an Ordinance on the 4th day of February, 1981. Read by title and passed on final reading on the 17th day of February, 1981. Published by title as Ordinance No. on the 18th day of February, 1981. Attest: ex off1cio C1ty Clerk-Treasurer -3- , Series of 1981, Mayor I • • • • • • • • .. .. I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate, and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1981. Gary R. Higbee I • • • • .. GRANT OF WATER AND SEWER LINE EASEMENT This Grant of water and Sewer Line Easement (th i s "Grant") is made this day of , 1981, by the CITY OP ENGLEWOOD, a ~ado municipal corporation ("Grantor• or "City"), whose address is 3400 South Elati Street, Englewood, Colorado 80110, in favor of MISSION VIEJO WATER AND SANITATION DISTRICT, a quasi-municipal corporation organized under the laws of the State ot Colorado ("Grantee• or "District), whose address is 6 Inverness Court East, Englewood, Colorado 80112. The parties covenant a nd agree as follows: 1. Eaae•ent Propert¥· The "Easement Property• shall mean the real property located 1n the County of Douglas, State of Colorado, more particularly described on Exh ibit A attached hereto and incorporated by reference herein, and substantially as depicted on Exhibit A-1 attached hereto and incorporated by reference herein, which real property is ow ned by Grantor. 2. Temrlrary Easement Pro~rty. The "Temporary Easement Property• aha mean two strips ~ land parallel with and lyinq on either aide of the Easement Property and su bstantia lly as depicted on Exhibit A-1 attached hereto and incorporated by reference herein, which real property is owned by Granto r. 3. Consideration. As consideration for this Grant, Grantee will either: a) PAYMENT OPTION. Pay the sum of $25,000.00 (the amount determined by the Distric t's MIA appraisal, which has been furnished to the City). At the sole option of the City, City may, at its own expense, hire another HAl appraiser to appraise the easement. In the event that appraisal is different from the $25,000.00, the parties agree that they will attempt to negotiate the price. In the event the parties are unable to agree, they will appoint a third appraiser to arbitrate the price; OR b) (i) TAP OPTION. Grant to City the right and option, but not the obligation, to utilize up to and including 8 water and sewer taps for the purpose o f connecting to the District's Service Lines with any cost of extension of lines to be paid by the City. Notwithstandinq the foregoing, District agrees to give a copy o f the Service Agreement to City within 6 month s after the date of this Agreement and City shall thereafter have 30 days to review the same. If for any reason City is not satisifed with the terms and provisions contained in the Serv ice Aqre ement , City shall so notify the District in writing and the District shall thereafter p rom ptly pay the amount specified in (a) above to City. District agrees that together with the Service Agreement it will supply t o City all rul es , re gulations , and plans (which may specify, without limitation, the locatio n at which City may connect with the Service Lines), specifications , construction standards and any other requirements which District in its sole discretio n, may impose upon the connection by City to the Service Lines . A "Sewer Tap• shall mean a right to connect into the Service Lines to discharge an amount of sewage not in excess of the amount prod uced in a detached single family res idential dwelling used solely for residential purposes but sh a ll mean a right to connect into the Service Lines to con vey sewage pro du ced from any commercial, retail o r industrial uses. (ii) City agrees that Highl ands Wat er and Sanitation District may perform the obligations of the District • I • • • • • • • • .. hereunder and that such performance by Hlqhlands shall satisfy District's obllgations hereunder. C1ty further ag rees that in the event C1ty exercises the Tap Opt1o n, Highlands shall have the right, but not the obllgation, by giving wr itten notice to Clty, to requ1re that the City Property be included with in the boundaries of Hi gh land s District pursuant to the prov isions of C.R.S. 532-4-122 (1973) and any other relevant statutory authority, and to that end, City agrees to file any necessary petitions as shall be required under said Section 32-4-122 and any other relevant statutory authority, and to do all such other acts as shall be required by Highland s District in order to effect such inclusion. 4. Grant of Water and Sewer Easement. Gr antor hereby grants to Grantee, Ita successors and assigns, a pe r petual, non-excluaive eaae•ent (the •water and Sewer Ea sement") o ver, under, acrose and through the Ease•ent Propert y for the purpose of constructing, operating, maintain ing, repairing, replacing, removing and enlarging t he "Linea and Appurtenan ces •, as hereinafter defined. The "Li nes and Appurtenances• shall mean one or .ore water or sewer pipelines and all necessary underground and surface appurtenan ces thereto necessary or desirable for the transm ission of water , was tewater or stormwater, including, but not limited to, mains, conduit s , valvea, vaults, manholes, ventilators , electric or o ther control syate•a, cables, wires and connections. Prior to the construction of any above-ground i mproveme nts, Grantee shall obtain the permission of Grantor. Above-ground imp roveme nts shall be limited by and constructed only for acceptable engineering purposes. Perm ission for above-ground improvements shall not be unreasonably withheld. 5. Grant of Temporara Easement. Grantor hereby grants to Grantee, Ita successors an ass1gns, a temporary, non-exclusive eaaeaent (the •Temporary Easem ent•) over, unde r, across and through the Temporary Easement Property for the purpose of u sing and occuping the Temporary Easement Property for the acco..adation of construction equipment, materia ls, and excavated earth from time to time during the initial cons t ruction of the Linea and Appurtenances and during the subsequent repa i r, replacement or enlargement of the Lines and Appurtenances: provided, however, that Grant e e shall have the r ight to use a nd occupy the Easement Property dur i ng said subsequent r epair, replacement or enlargement only if said use and occupancy of Grantee is reasonably necessary ade q ua tel y to c onduct said aubsequent repair, replacement o r enlargement and if sa i d subsequent repair, replacement o r enlargement will not unreasonably interfere with Granto r's use and enjoyment o f th e Temporary Easement Property or with any improvements of Grantor constructed or installed thereon. 6. Access. Grantee shal l hav e the perpetual , non-exclusrve-rfght of ingre s s and egress in, to, over, through and across the Easement Property for any purpose necessary or desireable for the full enjoyment of the rights granted to Grantee under this Gran t. 7. Rest o ration . Grantee agrees that afte r the construction, maintenanc e , repair , replacement, or enlargement of any of the Lines and Appurtenances, Grantee s hall restore the surface of the Easement Pr operty a nd the Tem porar y Easement Property, as nearly a s reasonably possible, to the grade and condition it was in immediately prior to s a id c o nstruction, maintenance, repair, r eplacement o r enlargement, e xce pt as may be necessary to accomodate the Lines and Appurtenances. Grantee agrees to restore and repair any improvements of Grantor on the Easement Property and the Temporary Ease ment P roperty which are d amaged, modified o r altered by Grantee d uri n g said co n struction, maintenance, repair, replaceme nt o r enlargement. Gr a n tee further ag rees to replace an y t opsoil removed from any cultivat ed o r • I • • • • .. agricultural areas on the Easement Property and the Temp o rary Eaae.ent Property, and to re.ove any excess earth resulti ng fro m said construction, maintenance, repair, replacement or enlar9e .. nt, at Grantee's sole coat and expense. e. No I!frove .. nta. Grantor covenant s and agrees not to conatruct, erect, place or plant any •xmprove.enta•, as hereinafter defined, on the Easement Property without obtaining the prior written consent of Grantee. "Improvements • shall mean any structure or building. Grantee shall have the right to re.ove, without any liability to Grantor, any i MPr ove•ent s constructed, erected, placed or planted on the Easement Property without Grantee's having obtained the prior written consent of Grantor. 9. Subeacent and Lateral SuPPOrt. Grantor convena nt a and agrees thatrantee shall have the right of subjacent and lateral support on the Easement Property to whatever extent is ne cessary or desirable for the full, complete and undisturbed enjoyment of the rights granted to Grantee under this Grant. 10. Rights of Grantor. Grantor reserves t he full rig ht to the undisturbed ownership, use and occupancy of the Easement Property insofar aa said ownersh i p, use and occu pancy is consistent with and does not impair the rig hts granted to Gran tee in this Grant. 11. Abandon .. nt. In the event that Grantee shall abar.don the rights granted to it under this Grant all right, title and interest hereunder of Grantee shall cease and terminate, and Grantor shall hold the Ease .. nt Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned, provided that Grantee shall have a reasonable period of time after said abandon.ent in which to remove any or all Linea and Appurtenances from the Eaae•ent Property. In the event the Easement is abandoned by Grantee, Grantor shall have the right, at its sole option, to require Grantee to re•ove or neutralize any improve .. nta constructed in the Easement by the Grantee. 12. Warranty of Title. Grantor warrants and represents that Grantor is the fee simple owner of the Easement Property and the Temporary Easement Property and that Grantor has full right, title and authority, and that this Grant is effective, to grant and convey to Grantee the Water and Sever Line Easement and the Temporary Eaae .. nt. Grantor further covenants and agrees to indemnify, defend and hold Grantee harmless from and against any adverse claim to the title of the Easement Property and the Temporary Easement Property by all and every person or persona lawfully claiming or to claim the whole or any part thereof. 13. Binding Effect. This Grant shall extend to and be binding upon the helra, personal representatives, successors and assigns of the respective parties hereto. The terms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Water and Sever Line Easement the day and year first above written. ATTEST: ~ry R. Higbee, Finance Director, ex-officio City Clerk, City of Englewood 3 GRANTOR: THE CITY OF ENGLEWOOD, COLORADO By:~~~.-.-.~~~~~--Eugene L. Otis, Mayor • I • • • • • ATTEST• carey Pai .. r, secretary Miaaion Viajo Water and Sanitation Diatrict STATB OF COLORADO • • • GRANTEE: MISSION VIEJO WATER AND SANITATION DISTRICT By: GMe~n~o-rc-.~WT{Tlrh~eTl~ .. ~.~C~h~a~r~r~-~a~n- Of the Board of Directors ) , ... COUNTY or __________________ ) The foregoing inatruaent waa acknowledged before me this day of ==-===~;• 1981, by Eugene L. Otis as Mayor and by Gary R. Higbee, Finance Director, ex-officio City Cle rk of the City of Inglewood, Colorado, a Colorado Municipal corporation. NOtary Public ( S B A L ) My co .. iaaion expirea: ____________________________ ___ STATE Or COLORADO ) )sa. COUNTY or __________ ) The foregoing inatruaent was acknowledged before me this day of , 1981, by KenoL. Wilhelas aa ~raan of the Board of Director• and by Carey PalMer, Secretary, of Mission Viejo Water and Sanitation Diatrict, a Colorado quaai-aunieipal corporation. Notary Public ( S E A L ) My co .. iaaion expirea: _______________________ ___ ' I • ••• • • • .. • Jo.ck G. Rolub CornpoJlY Engineering & Plonning EXHIBIT "A" D E S C R I P T I 0 N ----------- -. / MISSION VIEJO WATER AND SANITATION DISTRICT UTILITY EASEMEN T AN EASEMENT SO FEET WIDE OVER THAT PORTION OF THE NORTH 1/2 OF SECTION 4 , TOWNSHIP 6 SOUTH, RANGE 68 WEST, 6TH PRINCIPAL MERIDIAN, IN THE COUNTY OF DOUGLAS, STAT E OF COLORADO, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE , THE CENTERLINE OF WHICH IS DESCRIBE D AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 4; THENCE S 0'34'55" E, 347.43 FEET ALONG THE WEST LINE OF SAID SECTION 4 TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE WEST LINE OF SAID SECTION 4, N 85"00'00" E, 311.18 FEET; THENCE S 85"00'00" E, 450.00 FEET; THENCE S 65'00'00" 'E, 331.92 FEET; THENCE S 13"00'00" E, 488.46 FEET; THENCE S 18'00'00" E, 728.26 FEET; THENCE S 70'00'00" E, 657.27 FEET; THENCE N 50'00'00" E, 75.00 FEET; THENCE N 30"00'00" W, 425.00 FEET; THENCE N 20'00'00" E, 400.00 FEET; THENCE N 77"30'00" E, 686.75 FEET; THENCE N 90"00'00" E, 283.69 FEET; THENCE S 1"06'00" E, 650.00 FEET; THENCE N 89"42'13" E, 425.10 FEET; THENCE S 40"00'00" 'E, 765.86 FEET; THENCE N 90"00'00" E, 150.00 FEET; THENCE N 0"30'00" W, 600.00 FEET; THENCE N 89'42'13" E, 910.00 FEET; THENCE S 40'00'00" E, 578.36 FEET TO THE POINT OF TERMINATION ON THE EAST LINE OF SAID SECTION 4 FROM WHICH THE EAST QUARTER CORNER OF SAID SECTION 4 BEARS S 0"54'24" E, 852.94 FEET MORE OR LESS. EXCEPTING THEREFROM THAT PORTION OF SAID SECTION 4 GRANTED TO DAN KAMPHAUSEN CO. IN THAT CERTAIN DEED AS RECORDED IN THE OFFICIAL RECORDS OF SAID DOUGLAS COUNTY, COLORADO, IN BOOK 228 AT PAGE 458. ALSO EXCEPTING THEREFROM THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 4. TOGETHER WITH A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES OVER A STRIP OF LAND 10 FEET WIDE, THE WESTERLY AND SOUTHERLY LINE OF SAID STRIP LYING ALONG AND BEING COINCIDENT WITH THE EASTERLY AND NORTHERLY LIN E OF THOSE COURSES DESCRIBED AS S 1"06'00" E, 650.00 FEET AND N 89'42'13" E, 425.10 FEET, IN THE EASEMENT HEREIN ABOVE DESCRIBED. 61nverness Court Eost o Englewood • Colorado 80112 (303) 770-7780 • I . • ., • • • • • .. • ALSO TOGETHER WITH A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES OVER A STRIP OF LAND 10 FEET WIDE, THE NORTHEASTERLY, NORTHERLY, NORTHWESTERLY , SOUTHWESTERLY AND WESTERLY LINE OF SAID STRIP LYING ALONG AND BEING CO- INC I DENT WITH THE SOUTHWESTERLY, SOUTHERLY, SOUTHEASTERLY , NORTHEASTERLY AND EASTERLY LINE OF THE EASEMENT HEREIN ABOVE DESCRIBED, EXCEPT ON THOSE COURSES DESCRIBED AS S 1"06'00" E, 650.00 FEET AND N 89"42'13" E, 425.10 FEET, SAID COURSES HAYING A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES OVER A STRIP OF LAND 40 FEET WIDE THE EASTERLY AND NORTHERLY LINE OF SAID STRIP LYING ALONG AND BEING COINCIDENT WITH THE WESTERLY AND SOUTHERLY LINE OF SAID COURSES OF THE EASEMENT HEREIN ABOVE DESCRIBED. THE SIDE LINES OF SAID 50 FOOT EASEMENT AND SAID 10 FOOT AND 40 FOOT TEMPORARY EASEMENTS TO BE EXTENDED OR SHORTENED ro MEET AT ANGLE POINTS AND TO TERMINATE AT THE SAID WEST AND EAST LINES OF SAID SECTION 4. CONTAINING 5.32 ACRES, MORE OR LESS. EXHIBIT •A-1• ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF . I . • P'REI"AREO F OR • • - EXH IBI T "A-1 II QE.S C..B.l..EllQN MISS ION VIEJ O WA TER AND SA NITATION D I S TR I CT UT ILITY EASEME NT AN h SE WEN T 50 fEET WtO f 0"£11 TH AT I"OATION Of THE NOfiT., 1/l Of SECT I ON •, TOWN Sh i P I SOUT H, A.AN CE 61 WUT , ITH PJIINCirAl WU.t DIAH , I N 111[ COUNTY OF DOUG LAS, S TATE Of COLOA AO O, .A CCOROtNC TO ht( OfFICI Al 'LAT Of SA I D l AND fll[O I H THE OI SIR ICT lA.NO Of fi CE , T"[ CEN TU .LIHE Of 'I'HICH U OUCII:UIED AS fOlLOWS o lOIUrtU WITH Tr:MI"'OfiAIIT [AilMI:HTI fOil CON SUUt;'UO .. JIUIII"OUS. ~---ouw ---· --~- 1 ~ I ~~ I 1 .~ ! eu~•a . .... ,,_ '" f-IlS • ·.r I ' \ I \ \.\ ) / • J • D • • ORDINANCE NO. SERIES OF 19Br---- • - BY AUTHORITY COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALI F IED ELE CTOR S OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 198 1 , PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS: TO PROVIDE FOR THE APPOINTMENT OF MUNICIPAL COU RT JUDGE AND CREATING A MUN ICIPAL COURT NOMINATING COMMISSION BY REPEALING AND ADOPTING NEW SECTION 68 OF PART II, ARTICLE IX, OF THE HOME RUL E CHARTER . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. There i s hereby submitted to the qualified electors of the City of Englewood at a special election to be held on March 24, 1981, p roposed amendment to the Charter of the Ci ty of Englewood, as follows: That effective immediately upon approval of the qualified electors of the City of Englewood, and the certification thereof to the office of the Secretary of State of Colorado, pursuant to Section 9, Article II, of the Colorado Constitution, the Charter of the City of Englewood, and Section 31-2-210 of the Colorado Revised Statutes of 1973, as amended, Article IX , Part II, Section 6 8, of the Home Rule Charter of the City of Englewood is hereby repealed and new Section 68 is hereby adopted by the peopl e of the City of Englewood , to r e ad as follows : · ning 11 the gener1l municipil l electoon on November 1959, there shal l.i.tctooCI'Iiltar 1 tlrm of four years, a Municipal Judge, who sha ll pres1de nic ip1l Court. Such Judge shall serve unt il his succe h1ll he1r •nd determone a ll ca us es ans on • I • • • • • • • - 68: ESTABLISHMENT THERE IS HEREBY ESTABLISHED A MUN I CIPAL COU RT VESTED WITH EXCLUSIVE JURISDICTION OVER ALL CAUSES AR I SING UNDER THE CHARTER AND ORDINANCES OF THE CITY. THE MUNICIPAL COURT JUDGE SHALL BE APPOINTED BY COU NCIL FOR A TERM OF TWO YEARS AND MAY BE REMOVED BY COU NCIL FOR CAUSE BY FOUR CONCURRING VOTES. IF, IN THE DISCRETION OF COUNCIL, MORE THAN ONE JUDGE IS NECESSARY, ONE OR MORE ADDITIONAL JUDGE S MAY BE APPOINTED. COMMENCING JANUARY 1, 1982, AND THEREAFTER, AL L MUNICIPAL COURT JUDGES SHALL BE APP OINTED. UP ON PASSAGE OF THIS CHARTER AMENDMENT, ELECTION OF MUNICIPAL JUDGES SHALL NOT THEREAFTER TAKE PLACE. THE UNEXPIRED TERM OF ANY ELECTED MUNICIPAL J UD GE SHALL NOT HEREBY BE AFFECTED. METHOD OF APPOINTMENT: ANY VACANCY IN THE MUNICI- PAL COURT SHALL BE FILLED BY APPOINTMENT OF THE CITY COUNCIL, FROM A LIST OF TWO OR THREE NOMINEES FOR THE MUNICIPAL COURT, SUCH LIST TO BE CERTIFIED TO THE CITY COUNCIL BY THE MUNICIPAL COURT NOMI NATING COMMISSION FOR ANY VACANCY. THE LIST SHALL BE SUBMITTED BY THE NOMINATING COMMISSION NOT LATER THAN THIRTY (30) DAYS AFTER THE DEATH, RETIREMENT, TENDER OF RESIGNATION, OR REMOVAL OF THE MUNICIPAL COURT JUDGE. METHOD OF RE-APPOINTMENT: THE MU NICIPAL COURT NOMINATING COMMISSION SHALL MAKE A MERIT REV I EW OF THE MUNICIPAL COURT JUDGE'S TERM OF OFFICE AT LEAST SIXTY DAYS PRIOR TO THE CONCLUSIO N OF THE TERM AND SUBMIT THE FINDINGS THEREOF TO THE CITY COUNCIL. COUNCIL SHALL THEN VOTE WHETHER TO RETAIN THE MUNICIPAL COURT JUDGE. SHOULD THE VO TE BE NOT TO RETAIN THE MUNICIPAL COURT JUDGE, THE OF FICE SHALL BE CONSIDERED VACANT AT T HE CONC LU SION OF THE TERM OF OFFICE. MUNICIPAL COURT NOMINATING COMMISSIO N : THE PURPOSE OF THE MUNICIPAL COUR T NOMI NATING CO MMISS I ON SHALL BE TO FIND THE MOST QUALIF I ED PERSONS F OR THE POSITION OF MUNICIPAL COURT JUDGE IN THE CITY OF ENGLEWOOD MUNICIPAL COURT. THE COUNCIL SHALL APPOINT ONE OF ITS MEMBERS, ONE ATTORNEY PRACTICING LAW I N THE CITY OF ENGLEWOOD, AND THREE ELECTORS OF THE CITY TO THE MUNICIPAL COURT NOMINATING COMMISSION. MEMBERS OF THE MUNICIPAL COURT NOMINATING COMMISSION SHALL SERVE TERMS AS FOLLOWS: COUNCIL PERSONS SHALL SERVE DURING THEIR TENURE, ONE MEMBER SHALL SERVE UNTIL DECEMBER 31, 1982, ONE MEMBER SHALL SERVE UNTIL DECEMBER 31, 1983, AND TWO MEMBERS SHALL SERVE UNTIL DECEMBER 31, 1984. THEREAFTER, EACH MEMBER APPOINTED SHALL SERVE UNTIL THE 31st OF DE CE MBER OF TH E F OURTH YEAR FOLLOWING THE DATE OF APPOI NT ME NT . -2- I • • • 0 • • • • .. Section 2. The voting machines and paper ballots for said elect1on shall carry the following designat ion which shall be the submission clause: FOR AMENDMENT NO. 9 AGAINS T Shall the Home Rule Charter, Section 68, Part II, of Article IX, be amended to read as follows: 68: ESTABLISHMENT THERE IS HEREBY ESTABLISHED A MUNICIPAL COURT VESTED WITH EXCLUSIVE JURISDICTION OVER ALL CAUSES ARISI NG UNDER THE CHARTER AND ORDINANCES OF THE CITY. TH E MUNICIPAL COURT JUDGE SHALL BE APPOINTED BY COUNCIL FOR A TERM OF TWO YEARS AND MAY BE REMOVED BY COUNCIL FOR CAUSE BY FOUR CONCURRING VOTES. IF, IN THE DISCRETION OF COUNCIL, MORE THAN ONE JUDGE IS NECESSARY, ONE OR MORE ADDITIONAL JUDGES MAY BE APPOINTED. COMMENCING JANUARY 1, 1982, AND THEREAFTER, ALL MUNICIPAL COURT JUDGES SHALL BE APPOINTED. UPON PASSAGE OF THIS CHARTER AMENDMENT, ELECTION OF MUNICIPAL JUDGES SHALL NOT THEREAFTER TAKE PLACE. THE UNEXPIRED TERM OF ANY ELECTED MUNICIPAL JUDGE SHALL NOT HEREBY BE AFFECTED. METHOD OF APPOINTMENT: ANY VACANCY IN THE MUNIC I- PAL COURT SHALL BE FILLED BY APPOINTMENT OF THE CITY COUNCIL, FROM A LIST OF TWO OR THREE NOMINEES FOR THE MUNICIPAL COURT, SUCH LIST TO BE CERTIFIED TO THE CITY COUNCIL BY THE MUNICIPAL COURT NOMINATING COMMISSION FOR ANY VACANCY. THE LIST SHALL BE SUBMITTED BY THE NOMINATING COMMISSION NOT LATER THAN THIRTY (30) DAYS AFTER THE DEATH, RETIREMENT, TENDER OF RESIGNATION, OR REMOVAL OF THE MUNICIPAL COURT JUDGE. METHOD OF RE-APPOINTMENT: THE MUNICIPAL COURT NOMINATING COMMISSION SHALL MAKE A MERIT REVIEW OF THE MUNICIPAL COURT JUDGE'S TERM OF OFF I CE AT LEAST SIXTY DAYS PRIOR TO THE CONCLUSION OF THE TERM AND SUBMIT THE FINDINGS THEREOF TO THE CITY COUNCIL. COUNCIL SHALL THEN VOTE WHETHER TO RET AIN THE MUNICIPAL COURT JUDGE. SHOULD THE VOTE BE NOT TO RETAIN THE MUNICIPAL COURT JUDGE, THE OFFICE SHALL BE CONSIDERED VACANT AT THE CONCLUSION OF THE TERM OF OFFICE. -3- • I • • --· • • - MUNICIPAL COURT NOMIN ATING COMMISSION: THE PURPOSE OF THE MUNICIPAL COURT NOMINATING COMMISSION SHALL BE TO FIND THE MOST QUALI FIED PERSONS FOR THE POSITION OF MUNICIPAL COURT J UDGE IN THE CITY OF ENGLEWOOD MUNICIPAL COURT. THE COUNCIL SHALL APPOINT ONE OF ITS MEMBERS, ONE ATTORNEY PRACTICING LAW IN THE CITY OF ENGLEWOOD, AND THREE ELECTORS OF THE CITY TO THE MUNICIPAL COURT NOMINATING COMMISSION. MBMBBRS OF THE MUNICIPAL COURT NOMINATING COMMISSION SHALL SBRVE TBRMS AS FOLLOWS: COUNCIL PERSONS SHALL SBRVB DORING THEIR TENURE, ONE .MEMBER SHALL SERVE UNTIL ·DECEMBER 31, 1982, ONE MEMBER SHALL SERVE UNTIL DBCBMBER 31,. 1983,.AND TWO MEMBERS SHALL SERVE UNTIL DBCEHBBR ·31, 1984. THEREAFTER, EACH MEMBER APPOINTED SHALL SBRVB UNTIL THE 31st OF DECEMBER OF THE FOURTH YEAR FOLLOWING THE DATE OF APPOINTMENT. And each elector voting at said election and desirous of voting for or against said amendment, shall indicate his cho ice by depressing the appropriate counter of the voting machine which indicates the word "For!' or •Against" or by the appz:opriate marking upon paper ballots; where used. I Section 3 •. ·. A special election ·is called to consider the fore- gol.ng aa.ndment .to the Charter of·.the City of Englewood, along with other proposed Charter amendments, for the 24th day of March, 1981. It is expressly understood that only one special election ia· called to consider multiple questions. • section 4 •. The proper·officials of the City of Englewood sha ll give notice of said ·general municipal election, which notice shall be published in the manner and for the length of time required by .law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Introduced, read in full, and passed on first reading on the 2nd day of February, 1981. Published as a Bill for an Ordinance on the 4th day of February, 1981. Read b y title and passed on final reading on the 17th day of February, 1981. -4- • I • • • • • • • Published by t i tle as Ordi nanc e No. _____ , Se r ies of 1981 , on the 18th day of February, 19 8 1. Attest: Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. Series of 1981. Gary R. H1gbee -5- • I • • • • • • J -1, .. "- BY AUTHORITY -. , , '/' 1 F ORDINANCE NO. SERIES OF 198'~1-----COUNCIL BILL NO. 28 INT ROD U~. BY COUNCIL MEMBER~~~~~~------A BILL FOR AN ORDINANCE AMENDING TITLE XI, CHAPTER 1, SECTION 2(b), AUTHORIZING THE POLICE CHIEF TO ISSUE CONCEALED WEAPON PERMITS TO OTHER CITY PERSONNEL. WHEREAS, on the 3rd day of September, 1980, by Ordinan ce No. 32, Series of 1980, Council passed an amendment to Title XI, Chapter 1, Section 2, by adding a new subsection authorizing the Police Chief to issue concealed weapon permits to police office rs, members of the Reserve Police Force, Court Marshals and to othe r Police Department Personnel; and WHEREAS, it is necessary to include other City personnel not heretofore listed in the amended Section 2. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Title XI, Chapter 1, Section 2(b), be and hereby LS amended to read as follows: 11-1-2: (b) CHIEF OF POLICE The Chief of Police is hereby authorized to issue a permit to carry a concealed weapon to all Englewood police officers, members of the reserve police force, to court marshals, and to other Pe~iee Be~ar~~en~ CITY personnel as the Chief may, from time to time, determine to be necessary or appropriate. Introduced, read in full, and passed on first reading on the 17th day of February, 1981. Published as a Bill for an Ordinance on the 18th day of February, 1981. Attest: Mayor ex officio city Clerk-Treasurer I • • • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the ~ity of Englewood, Colorado, hereby certify that the foregoing 18 a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 17th day of February, 1981 • • I • • • • ORDINANCE NO. SERIES OF 198y---- • • - BY AUTHORITY A BILL FOR COUNCI L BILL NO. 29 INTRODU ~~BY COUNCIL MEMBER ""? ---' AN ORDINANCE AMENDING SECTIONS 1 AND 3, CHAPTER 6, TITLE I, OF THE '69 ENGLEWOOD MUNICIPAL CODE RELATING TO THE OPERATION OF THE MUNICIPAL COURT SYSTEM. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Section 1, Chapter 6, Title I, of the '69 EMC is hereby amended to read as follows: 1-6-1: CREATION; JUDGE; DUTIES A Municipal Court in and for the City of Englewood, Colorado, is hereby created and established. S~eh €etrt ehaii ee preeiees O¥er ey the M~ftieipai J~s~e. 9he eity Mafta!er, er hie eeei~ftee, sha%% exereise e~r¥ieieft aftS eefttre% o¥er the admiftistrati¥e operatieft e4 the Maftieipai ee~rt Syst~. ~he M~ieipa% J~e~e ehaii ha¥e f~i% pewer afte a~therity te make aftd adept ~of-eetrt-p~re~aftt te the pre¥isiefts ef the eeieraee M~ieipa% ee~rt R~%es ef Preeed~re prem~%- !ate~ ey the €eieraee S~preme ee~rt. Section 2. That Section 3, Chapter 6, Title I, of the '69 EMC is hereby repealed and is reserved for futute use. 1'-6-3: APP91N~MBN~ 9P €hERR7 BAihiFP, ANB ASSiS~AN~S- After eefte~itatieft with the M~ftieipal J~d~e 7 the eity Mafta~er shaii appeiftt a eierk, a bailiff, aftd stteh aesietaftts te the e%erk aftd the bailiff as may be fteeessary te earry e~t effieiefttly the b~siftess ef the ee~rt. Said empieyees shail be direetly respeftsibie te the eity Mafta~er 7 er his desi~ftee~ Reserved for future use . Introduced, read in full and passed on first reading on the 17th day of February, 1981. • I • • • • • • Published as a Bill for an Ordinance on the 18th day of February, 1981. 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 17th day of February, 1981. Gary R. Higbee -2- I • • • f • ORDINANCE NO. SERIES OF 198y---- • • • BY AUTHORITY A BILL FOR 1 1 COUNCIL BILL NO. 30 INTRODUCiS BY COUNCIL MEMBER ~ AN ORDINANCE ESTABLISHING A SPECIAL FUND OF THE CITY TO BE KNOWN AS THE"MALLEY CENTER TRUST FUND" FOR THE BENEFIT OF THE ENGLEWOOD SENIOR CITIZENS RECREATIONAL CENTER ADDING A NEW SUBSECTION TO TITLE XIII, CHAPTER 5, OF THE '69 ENGLEWOOD MUNICIPAL CODE. WHEREAS, the senior citizens of the City of Englewood have use of and enjoy a senior citizens recreational center known as the Elsie Malley Centennial Center; and WHEREAS, the residents of the City of Englewood are desirous of raising funds for the benefit and use of the senior citizens recreation center. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Chapter 5, Title XIII, of the '69 EMC, is hereby amended to add the following provisions: 13-5-10: MALLEY CENTER TRUST FUND ESTABLISHED There is hereby established a special fund of the City of Englewood known as the "Malley Center Trust Fund" -- trust fund for the use and benefit of the Englewood senior citizens recreation center known as the "Elsie Malley Centennial Center." (a) Trustees appointed: Appointed as trustees of the Malley Center Trust Fund are the following: 1. One trustee to be appointed from the City Council who shall serve during tenure in office. 2. One trustee to be appointed by City Council from the membership of the Englewood Parks and Recreation Commission who shall serve d uring tenure in office. 3. Three trustees to be appointed by City Council upon recommendation of Parks and Recreation Commission, which three trustees shall have the following minimum qualifications: a. be a resident of the City of Englewood; b. be over the age of 55; c. be active in the affairs of the Elsie Malley Centennial Center . • I • • • • • f • • • , . • Terms of appointement for first trustees shall be for one, two and three years. Council shall designate which appointee is appointed for one-year, two-year, or three-year term. Thereafter, trustees appointed by Council shall be appointed for three-year terms. (b) Trust Funds. All gifts, donations, bequests, contributions, and all investment thereof from whatever lawful sources together with all accumulations, accruals, earnings, and income with respect thereto delivered to the Malley Center Trust Fund shall be held IN TRUST for the use and benefit of the Elsie Malley Centennial Center in the fund hereby established. (c) Management of the Trust Fund. 1. The Director of Finance, ex officio City Clerk- Treasurer, shall manage the day-to-day investment policy of the trust fund. . 2. ~·~ 3. 4. The trustees shall recommend to the City Council a byd~e~ fep the Malley Center Trust Fund for the exclusive use and benefit of the Elsie Malley Centennial Center. ~~~ Trustees, upon approval of the~ by the City Council and in accordance with standard adminis- trative procedures of the City, m~stribu- tions of income and corpus for th use~nd benefit of the Elsie Malley Centennial Center. The costs of servicing the Fund ~:I1 'te a;J!n:oued by City Council as an expense of the Fund. 5. The trustees shall have such other power as is necessary to carry out the purpose of the trust. 6. The trust fund shall be managed in accordance with the applicable requirements of the Home Rule Charter, Ordinances of the City, and State Finance Law. 7 . (d) Contributions to the Malley Trust Fund to be Tax Deductible. Gifts, donations, bequests, and contributions to the Malley Center Trust Fund are made exclusively for the -2- • I • • • • • • .. public purpose herein described and are considered tax deductible under the Internal Revenue Code and the laws of the State of Colorado. Introduced, read in full, and passed on fir s t reading on the _____ day of , 1981. Published as a Bill for an Ordinance on the ______ day of --------------------------· 1981. 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 a Bill for an Ordinance, introduced, read in full and passed on first read- ing on the day of , 1981. Gary R. Hlgb ee -3- • I • • • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 198_1 __ __ A BILL FOR 1 f - COUNCIL BILL NO. 31 INTRODUC;p ~y COUNCIL MEMBER , j {I J AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $320,000 CITY OF ENGLEWOOD, COLORADO, INDUSTRIAL DEVELOPMENT REVENUE NOTE (T HE HEMLOCK COMPANY PROJECT) , TO FINANCE THE DEVELOPMENT OF A WARE- HOUSE AND OFFICE FACILITY; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A LOAN AGREEMENT; MAKING DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO SAID COMMERCIAL FACILITY; AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS RELATING THERETO. WHEREAS, the City of Englewood, in the County of Arapahoe, State of Colorado, (the "Issuer") is a legally and regularly created, established, organized and existing home rule municipal corporation, and a political subdivision under the Constitution and laws of the State of Colorado; and WHEREAS, the Colorado County and Municipality Development Revenue Bond Act, constituting Sections 29-3-101 through 29-3-123, inclusive, Colorado Revised Statutes 1973, as amended, (the "Act") authorizes counties and municipalities to finance one or more projects to promote industry and develop trade or other economic activity by inducing manufacturing, industrial, commercial or business enterprises to locate, expand or remain in the State of Colorado, to mitigate the serious threat of extensive unemployment in parts of the State of Colorado, to secure and maintain a balanced and stable economy in all parts of the State of Colorado, and to further the use of its agricultura l products or natural resources; and WHEREAS, such counties and munic ipa lities are further authorized by the Act to issue revenue bonds for the purpose of defraying the cost of financing any project a~d all incidental expenses incurred in issuing such bonds, and to secure the payme nt of such bonds as provided in the Act; a nd WHEREAS, The Hemlock Company, an Ok lahoma general partner- ship (the "Company"), has presented to the Issuer a proposal whereby the Issuer will, pursuant to the Act, finance the cost of a building, site improvements, fixtures and equipment (the "Project") for the Company to be used as a warehouse and office facility, which Project will be located within the Issuer and qualifies as a "project" within the meaning of the Act; and • I • • • • WHEREAS, City of Englewood, Colorado Industrial Developmen t Revenue Note (The Hemlock Company Project), in the aggregate principal amount of $320,000 (t he "Note") will be issued, sold and delivered by the Issuer to The First National Bank and Trust Company of Tulsa, Tulsa, Oklahoma (the "Bank") and the proceeds thereof used to pay the cost of financing the Project and certain incidental costs and expenses incurred in connection with the issuance of the Bonds; and WHEREAS, concurrently with the issuance of the Note, the Company and the Bank will enter into a Loan Agreement with the Issuer providing for payments by the Company sufficient to pay the principal of, penalty, if any, and interest on the Note and to meet other obligations as herein and therein provided; and WHEREAS, on January 5, 1981, the Issuer's City Council (the "Council") adopted a Resolution whereby the Issuer agreed to authorize the issuance and sale of the Bonds, it being understood that none of the Project costs or the costs of said issuance and sale were to be borne by the Issuer and tha~ the necessary financing documents were subject to formal approval by furth er action of the Council pursuant to the Act; and WHEREAS, there have been presented to the City: (1) the proposed form of Loan Agreement (the "Agreement") among the Issuer, the Company, and the Bank, (1) the proposed form of Deed of Trust from the Company to the Public Trustee, (3) the proposed -2- • I • • • • • • .. .. fo r m of Note, (4) t h e p r o posed fo r m of Le a se (the "Lease ") between the Company and Hylon C. Jacobs Supply Company , I n c ., a n Oklahoma corporation (the "Lessee•), and (5) t he proposed form of Guaranty Agreement among the Lessee and the Bank (t he "Guara nt y Agreement•); and WHEREAS, the City has considered the Company's pro po s al a nd has concluded that the economic and other benefi ts to the City will be substantial and that it wishes to proceed with the finan c in g o f he Proiect: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL Of THE CITY OF ENGLEWOOD, COLORADO: Section 1. All action (not inconsistent with the provisions of this Ordinance) heretofore taken by the Council and the officers of the Issuer directed toward the financing of the Project and the issuance and sale of the Note therefor be, and the same is hereby, ratified, approved and confirmed. Section 2. The Issuer shall finance the Project, by loaning the proceeds of the Note to the Company in accordance with the provisions of the Agreement for the purposes"described above. Section 3. To defray the cost of financing the Project, there is hereby authorized an issue of industrial development revenue note to be designated "City of Englewood, Colorado, Industrial Development Revenue Note lThe Hemlock Company Project), in the aggregate principal amount of $320,000, to bear ~3- • I • • • • • .. interes t fro m its date as prov i ded therein. The ma xi mum net effective interest rate on the Note shall be nine percent (9 %). Section 4. The following determinations and find i ngs ar e hereby made in accordance with Sections 29-3-113, 29-3-114, and 29-3-120 of the Act: (a) The amount necessary in each calendar year to pay the principal of and the interest on the Note is $38,944.00. (b) No reserve fund will be established in connection with the retirement of the Note or the maintenance of the Project. (c) The terms of the Agreement under which the Project is to be financed provide that the Company, at Company's expense, shall be obligated to maintain the Project in good repair, to carry all proper insurance with respect thereto, and to pay all taxes, or payments in lieu thereof, payable pursuant to Section 29-3-120 of the Act. (d) The revenues payable under the Agreement and the Deed of Trust are sufficient to pay, in addition to all other requirements of the Agreement and the Deed of Trust and this Ordinance, the sums referred to in paragraph· (a) of this Section. (e) The action on the part of the Issuer in providing financing for the Project in accordance with the Act will induce the Company to locate and remain within the Issuer and State, and possibly to expand therein, and will assist the Issuer to avoid or mitigate any serious threat of extensiv~ unemployment and to secure and maintain a balanced and stable economy. -4- • I • • • • .. Section 5 . The forms , terms , and provisions of the Agreement, the Deed of Trust , the Guaran ty Agreement , and the Lease, be and they are hereby approved and the Issuer shall enter into the Agreement in substantially t he form as presented to the City, with such changes therein as are not inconsiste n t herewith; and the Mayor is hereby authorized and directed to execute and deliver the Agreement, the City Clerk is hereby authorized and directed to affix the Issuer's seal to and to attest and countersign the Agreement. Section 6. The form, terms, and provisions of the Note as set forth in the Agreement, be and they are hereby approved, with such changes therein as are not inconsistent herewith; and the Mayor is authorized and directed to execute the Note, and th e City Clerk is hereby authorized and directed to attest the Note and each is authorized to deliver the Note. The seal of the Issuer is hereby authorized and directed to be affixed to the Note. Section 7. The ·Mayor and all other appropriate officers and officials of the Issuer a~e hereby authorized and directed to sign, file, or cause to be signed or filed, .or approve, a c cept or concur in all other necessary or appropriate documents for t he issuance of the Note and preservation and assurance of the security for the payment of the principal of and interest o n the Note. Section 8. The officers and officials of the Issuer shall take any and all action in conformity with the Act which may be -5- • I • • • • • neces sary or reasonably required by the parties to the Agreement , or their counsel or bond counsel to effectuate its conformity with the Act, to finance the Project, and for carrying out, giving effect to and consummat ing the transactions contemp la en by this Ordinance, the Agr ee men t , the Deed of Trust , the Note, the Lease and the Guaranty Agreement, including without limitation the execution and delivery of any closing document to be delivered in connection with the sale, issuance and deliv ery of the Note. · Section 9. The cost of financing the Project will be paid out of the proceeds of the Note and the Note will never be the general obligation of the Issuer nor shall the Note, includin g interest thereon, constitute the debt or indebtedness of the Issuer within the meaning of the Constitution or statutes of the State of Colorado or of the home rule charter of the Issuer or any other entity, nor shall anything contained in this Ordinance, or in the Note, the Agreement, the Deed of Trust, the Lease, and the Guaranty Agreement, or any other instrument, give rise to a pecuniary liability or a charge upon the general credit or taxing powers of the Issuer, nor shall the breach of any agreement contained in this Ordinance, or in any of the above-mentioned instruments impose any pecuniary liability upon the Issuer or any charge upon its general credit or against its taxing powers, the Issuer having no power to pay out of its general funds, or otherwise contribute, any part of the costs of -6- • I • • • • • • • .. financing the Project, nor power to operate the Project as a business or in any manner, nor shall the Issuer condemn any land or other property for the Project nor contribute any land or other property to the Project. Section 10. After the Note is issued, this Ordinance shall be and remain irrepealable until the Note and the interest thereon shall have been fully paid, cancelled and discharged. Section 11. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. Section 12. The Mayor of the City and the City Clerk and other proper City officials, and each of them, are hereby authorized to execute and deliver for and on behalf of the City any and all additional certificates, documents and other papers and to perform all other acts they may deem necessary or appropriate in order to implement and carry out the matters herein authorized • Section 13. All bylaws, orders, resolutions and ordinanc es , or parts thereof, inconsistent herewith and with the documents hereby approved, are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as reviving any bylaw, order, resolution, or ordinance, or part thereof previously repealed. -7- • I • • • I { • • • ,. .. Section 14. This Ordinance, after its final adoption a nd approval, shall be recorded in a book kept for that purpose , shall be authenticated by the signatures of the Mayor and City Clerk, and shall be published in accordance with law. Section 15. A public hearing on this Ordinance will be held in the Municipal Building, 3400 South Elati, in Englewood , Colorado, on Monday, the 2nd day of March, at the hour of 7:30 o'clock p.m., and notice of such hearing is authorized to be given by publication once in the edition of the Englewood Sentinel, dated February 18, 1981. Section 16. This Ordinance shall take effect thirty (30) days after publication following final passage. Introduced, read in full, and passed on first reading on the 17th day of February, 1981. Published as a Bill for an Ordinance on the 18th day of February, 1981. 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 a~ove and foregoing is a true, accurate and complete copy of a .B~ll for .an ordinance, introduced, read in full, and passed on f~rst read~ng on the 17th day of February, 1981. Gary ~ Higbee -8- • I • • ( • • • • 7J RESOLUTION NO. __ rf __ __ SERIES OF 1981 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, RELATING TO OBSCENITY. WHEREAS, there has been a plea to the City Council of the City of Englewood, Colorado, by its constituents to effect the regulation of obscenity and sale of obscene and pornographic materials: and WHEREAS, efforts by the Colorado State Legislature to control obscenity and pornography were thwarted by the Colorado Supre~ Court's decision declaring the state's anti-obscenity law unconstitutional in August, 1980; and · WHEREAS, the City Council believes in the purpose of the former law; and WHEREAS, the City Council is concerned about the lack of a statewide law to control obscenity; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. The City Council requests the Colorado State Legisla- ture to again consider and approve legislation which would control the sale and distribution of obscene material as embodied in Senate Bill 38, A BILL FOR AN ACT CONCERNING OBSCENITY. Section 2. The City Council requests the Colorado State Legisla- ture to again consider and approve legislation which would control the sale and distribution of obscene material as embodied in House Bill 1310, A BILL FOR AN ACT CONCERNING SEXUALLY EXPLICIT MATERIALS HARMFUL TO CHILDREN, AND RELATING TO THE SALE, LOAN, OR EXHIBITION THEREOF TO CHILDREN. Section 3. The City Council directs that this Resolution be for- warded to the Colorado State Legislature for their attention and consideration during the current session of the General Assembly. ADOPTED AND APPROVED this 17th day of February, 1981. Mayor Attest: ex officio city Clerk-Treasurer • I • • - ( • • .. - I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above is a true, accurate and complete copy of Resolution No. , Series of 1981. Gary R. Higbee .--• I • • • •• • • • • Jif•ttiCA. .... ~ ...... ttf(nt\,A~--......, ......................... --. ... ~ t l'n.MII f AMERICAN EMPLOYERS INSURANCE COMPANY, a foreign corporation, YL CITY OF ENGLEWOOD, a .unicipal corporation, Df nm... ____ QHTJIJ<;LooU&T Df AHD roa . -····-·--···OOVMTY OP' ... .Aii.U'AiiO.E AND In' Aft OP' OOLOilADO RECEIVED l·tB 91981 lfPI'. Of FIIWICl -llllllllt Till: PIIOPLE or Till: ll'~n: or OOLOL\DO TO Till: ABOV. NADD DD'BNDANT ... -··-• Gaa'ftNG: Y• _.......,.--.lucll'8qllired tom. with tile clork ID auww to tile com ~lalatwiW. 10 dqo .nor ....,Ice of &Ilia .. ......_ ·-100. If 100 fail., to do. judpoeat b:r default wW.,. ...._ apiut J'llll tor tile nllot ........_. Ia tile -JIU_at -~~ ..:'::.:: .':...-= ~~~~~~=:~:n.a~::.S~~:=:!::'L~ )lllliat wiUde 10 dqo an. ~ of W. IUmJDOIII UJIOD10U . Wamiq: It tllia oununon• d-not contain the docket number of tile civil KtioD. then the eomplalnt me:r not now be on file with the clerk of the court. The complalnt must be filed within ten claya after the aummon" ia aerved, or the action may be dismil8ed without notice upoo your proper requeet to tile court Information from the court coecerninl' thia civil ac tion mey not be &Yallable until ten dqo alter the aummona ia -..ecl. By Thia iau action• For a Declaratory Judgment see copy of complaint attached and incorporated herein Dat.l ....... r.~.!>r.\.la1;y_ JL ...................• u .... ~.L ···························~-;;-~·~··············· . Req .•.. .Na .•...... 20.1a .............. -·--····-··· At&orM7 for Plal•tU'f 899 Logan Suite 101 ....................... ·······o:;p;i;-c;;.~·················-·· Denller , .. Color.ado .. B0.2.0 3 ............ -...... . Ad4,_ ot Atten.r Phone 861-5454 (Seal of Court) • 1 I( I • • • • • • • • - IN THE DISTRICT COURT IN AND FO R TilE COUNTY Or AJIAPAHOE STATE Or COLORADO Civil Action NO. AMERICAN EMPLOYERS INSURANCE COMPANY, a foreign corporation, Plaintiff, AMENDED COMPLAINT CITY OF ENGLEWOOD, a .unicipal corporation, Defendant. COMES NOW, the plaintiff by ita attorneya, Glaa .. n, Jaynea • Carpenter, and for a claia for relief againat the defendant, atatea and allege• •• followa. 1. The plaintiff ia a foreign corporation authorized to do ~1aineaa in the State of Colorado and the defendan• is a municipal corporation. 2. That at all ti .. a .. terial to the aubject matter of this suit the plaintiff issued a policy of insurance being policy number AC 9163-003 wherein the defendant waa a named insured. 3. That on or about May 17, 1978, Jay-Jay, Ltd. a Colorado limited partnerahip, commenced a civil suit against the defendant, City of Englewood, alleging negligence of the agenta and employees of the defendant which occurred on or about June 10, 1974. 4. The defendant, City of Englewood, contends that pursuant to its policy of insurance that the plaintiff is obligated to defendant and pay any judgmenta, up to the limite of coverage of the insurance policy, that may be awarded Jay- Jay. Ltd. in its pending civil action againat the defendant. 5. Notwithstanding the fac t t hat the defendant received the Summon• and Complaint and Notice of Suit on May 17, 1978, no notice was given to the plai ntiff or any of its • I • • • • • • .. • agenU until Deceaber 3, 1910 'When it received firat nctice of the auit filed by Jay-Jay, Ltd. 6. The plaintiff affiraatively allegea that there ia no coverage under ita policy of inaurance and there ia no obligation on the plaintiff to defend the defendant nor pay any judgaent that aight be entered in favor of Jay-Jay, Ltd. and againat tha defendant, City o! Englewood, in pending Arapahoe County Diatrict Court Civil Action No. 39676 on the grounda that the defendant haa !ailed to coaply witn the teraa and condition• of the policy o! inaurance and baa breached aaid policy in failing to ca.ply with the following conditiona; D. INSUREDS DUTIES IN THE EVENT OF OCCU ~ -~CE, CLAIM OR SUIT; 2. If claia ia aade or auit ia brought against the inaured, tha inaured ahall immediately forward to the coapany every deaand, notice, aummona or other proceaa received by him or hia repreaentative. 3. The inaured ahall cooperate with the coropany. Since the inaured baa !ailed to coroply with the !oreqoing terms of the policy of inaura • . .,, on either grounda, there ia no duty or obligation on the plaintiff to defend tht auit filed by Jay-Jay, Ltd., nor pay any judgaent that might be entered in favor of Jay-Jay, Ltd. and against the defendant, City of Englewood. WHEREFORE, the plaintiff praya that the Court enter an Order declaring that the defendant, City of Englewood, haa breached the terms and condition• of its policy of insurance with the plaintiff, that there i& no coverage under the policy of inaurance, that there ia no obligation on the plaintiff to defend the civil action commenced by Jay-Jay, Ltd, being Civil Action No. 39676, in the District Court in and for the County of Arapahoe and that there is no obligation on the plaintiff to pay any judgment that might be entered in aaid action and against the defendant, City of Englewood. The plaintiff prays for such other and further relief aa the Court deems proper and its coata of suit. - 2 - • I • • • • .. Addre•• of Plaintiff: 719 Sheraan Street Denver, Coloredo 10203 - 3 - • • • G car . Attorney for Plaintiff IU Logan Str-t Suite 101 Denver, Colorado 10203 861-5454 • I • • • • • , . • .... INCA. a.... "1'1 ft• •• ,..,. Cffll.AC'W'MNI _........... ......... 0... ......_-. ......_ Covt ,. ........ AMERICAN EMPLOYERS INSURANCE COMPANY, a foreign corporation, ...wr ____ _ .... CITY 01' ENGLEt«llD , a .unicipal corporation, TO PBOPLE or TO lft'.A.'l'S or C:OLOIIADO 1M 'niJL_. DISTRICT C:OUJlT 1M .um roa -C:O UMTY OP' AaAl'AliO.!:-·····- AHD ST'ATK OP' C:OLO II.ADO a.tl Adloa No. Dfy RECEIVED ---H.B 9 1981 IIPf, OF FIIIAIICl --- TO TO AllOW H.umD DDZNDANT ........ G&DnMG: Y• an~__... uu1 NQIIlftd tom. wtth tbe cMrlt aa-to tbe oom ptolat wtuma 10 da7w alter _.,;.,., of this ............. ·-JOU . lf,..,.. fall .. to do, j...._t b)' dotaalt wiD ... tat... aplnat,.,.. tar tha nllot ..........._ Ia tile ...p.!Jit. oom£u.-rr.-,.:r.:,:: u':o..~ ':t~thi~ .. ~~~ ~~~':lf.:=;:!: :"J.."'~ p!Uat wltllla 10 da7w an. o.vico of W. ownmona u-JOU . W&rlliJia : It this oummono d-not contain the doc:ktt Aumbor of tbe civil actiOD, then the complaint IRQ not now be on f ile with tho clerk of the oourt. The complaint moot be tiled within ten clays after the aummonR ia aerved. or the action may be diamiued wi thou t noLiee upoa you.r proper Nquett to tbe court. Information from t ho co urt CODceminr thio civil ac tion may not be availa ble until ten da)'l afler the ou mmona io ~- Thio ie an action• For a Declaratory Judqment see copy of complaint attached and incorporated herein Dat.ed. .......... f.~.l>1'.!la1'Y. _j _ ................... lt .. .J!.L .... -····················· ······~-~~-~·-········-··· Req .•.. .No-...... 20.2.8 .......................... .. AttorDer' for ,.....tlff 899 Logan Suite 101 Denll.eJ:,. Color.ado .. .802.0l ..................... . AcW,_ ot At&etw~r By ........................... D;j;;i;'~;:k ................ .. Phone 861-5454 (Seal of Court) • I • • • • • • IN THE DI STRICT COU RT IN AN D POR THE COUNTY OF ARAPAH OE STATE OF COLORADO Civil Action No. AMER ICAN EMPLOYERS INSURANCE COMPANY, a foreign corporation, Plaintiff, AME NDED COMPLAINT va. CITY OF ENGLEWOOD, a municipal corporation, Defendant. COKES NOW, the plaintiff by ita att orney•, Claaman, Jayne• • Carpenter, and for a claim for relief againat the defendant, •tetea and alleqaa aa followa . 1. The plaintiff i• a foreign corporation au thorized to do buaineaa in the State of Colorado and the defendan• ia a municipal corporation. 2. That at all ti .. • .. terial to t h e •ubject matter of this suit the plaintiff iaaued a policy of inaurance being policy number AC 9163-003 wherein the defendant wa• a named insured. 3. That on or abOut Kay 17, 1978, Jay-Jay, Ltd. a Colorado limited partner•hip, co.menced a civil suit against the defendant, City of Englewood, alleging negligence of the agent• and employeea of the defendant which occurred on or about June 10, 1974. 4. The defendant, City of Englewood, contends that pursuant to its policy of insur ance that the plaintiff is obligated to defendant and pay any JUdgments, up to the limits of coverage of the insurance policy, that ma y be awarded Jay- Jay. Ltd. in ita pending civil action againat the defendant. s. Notwithstanding t he fact t hat the def endant received the Summons and Complaint and Notice of Su it on Kay 17, 1978, no notice was given to the pla intiff o r any of 1ts • I • • • , • • • • agent a until Deceaber 3, 1980 wh e n it received t r a t no tice of the auit filed by J ay-Jay, Ltd. 6. The plai ntiff Affirmatively a lleges tha t there is no coverage under ita policy o f insurance and there ia no obligation on the plaintiff to defend the defendan t nor p a y an y j udgwent tha t aight be e ntered in favor o f J ay-Ja y , Ltd. and aga inat the defendant, City of Englewood, in pending Ar a hoe Coun ty Diatrict Court Civil Action No . 39676 on the ground & that the defendant haa fa i led to c omply witn the t eraa and conditione of the policy of ina uranc e and haa breached aa id policy in failing to co~ly with the following condit ~ons1 D. INSUREDS DUTIE S IN THE EVENT OF OCCUR. -.~CE, CLAIM OR SUIT; 2. If claim ia made or su i t ia brought aga i n st the inaured, the ineured &hall immediat e l y forward to the comp any every demand, notice, aummona or other proceaa received by him or hia repreaentative. 3. The inaured shall cooperate wi th the company. Since the insured bas failed to comply with the foreqoing terms of the policy of insura• ''!, o n either grounds, there 1a no duty or obl.igation o n the plaintiff to defend tht auit filed by Jay-Jay, Ltd,, nor pay a ny j udgment tha t might be entered in favor of J ay-Jay, Ltd. and against the defendant, City of Englewood. WHEREFORE, t he plaintiff prays tha t the Court enter an Order declaring tha t the defend ant, City of Englewood , ha s breached the terms and conditions of its policy of inaurance wi th the plain tiff, that there is no coverage under t he policy of ina urance, that t here ia no obligation on t h e plaintif f t o defend the civil a ction commenced by Jay-Jay, Ltd , be ing Civil Act ion No. 39676, in the District Court in and for the County of Arapahoe and tha t there is no obl igat ion on the plaintiff to pay any judgment that might be entered in said ac tion and against the defendant, City of Eng lewood . The plaintiff prays for s uch other and further relief a a the Court deems pr oper and ita c osta of suit, - 2 - • I • • • .. Address of Plaintiff: 789 Sherman Street Denver , Colorado 80203 - 3 - • • • By:fj,~~~~~~~=:::::..-asJnAn Attorney for Plaint iff au Logan Street Suite 101 Denver, Colorado 10203 861-5454 • I • • ' • c..n~·-· AM ERICAN EMPLO YERS INSURANCE COMPANY, a foreign corporation, ... CITY OP ENGLEWOOD, a municipal corporation, om.dant.. __ _ • • • IN TD._. __ DI~TR~C1.COUJtT IN AND FOa --·· ....••• COVMTY OP' ... .AR.U'AIIO.& ... __ AND STATE OF COLOilADO CI..U Adloa No. . Dfy . RECEIVED I·£B 9 1981 nm PIIOPLI: or nm ft4TII or OOLOUDo TO T1U1: AIIO~ NAUD DDBHDANT ..•..•.• Gaa'mfG: Y• an.......,.__, ucl NQIIlnd to ftle wtt11 the clorlr • ...... to tloo oom plalat wftldia 10 ~~ Iller ..,...;.,. of tlaia IIIIIIIDOIUI u-.rou. If,.,.. f&ilao to do, i""-t by default wiD be tMa -'lllt 1'111 tor the nllaf ......,.. Ia &toe -.wat. If ~ -,.,.. Ia .,.. eutoida tloo Stan of Oolando, or by public:atioa, or It a _, <11 till _,plalat be DOt -u-1'111 with thlo aummona, ""' -requind to f"lle,.,....-to till_,_ plalat wltllbo 10 ~ after ..,;.,. of tldo aummono u-,.,... Wanainc : If thia aummono doeo not contain the doelcet number of the eivil aetloa, then the complaint 1na7 not now be on file with tho clerk of the eourt. The complaint muot be filed within ten ::::.::~::.::,~~to~~~;~:;, t~t ~:;; ::~.~~~~\:"'!i~lt':ti~;:"~:, u;:( ~':v~~ until tea dora after the oummono io HrVod. Thit ioanaction• For a Declaratory Judq~~~ent see copy complaint attached and incorporated herein Dat..t .......... f.~.!>r.ll.a>¥ ... !1... ...................• lt .... Q.~ .. ichard H. G1asman ····-·············· ··········-···Q;;k-;t~w·c;;;,t ··············· . Reg •. .No-..•.. 2.o.2a •................•...•... A-tvl'lalalltt 899 Logan Suite 101 DenY.er •-· Co.lo r.ada .. B02D 3 .............••.•... A~otAu.,...,. By ··········· ···················n;p;i;-~····················· Phone 861-5454 (Seal of Court) I • • • • • .. • IN TH£ DISTRICT COURT I N AND !'OR TKE COUNTY OF MAPAIIO! STAT! OF COLORADO Civil Action No . AMER ICAN EMPLOYERS INS URANCE COMPANY, a fore i~n corporation, Plaint iff, AMENDED COMPLAINT vs. CITY OF ENGLEWOOD, a .uniclpal corporation, Defendant. COMES NOW, the plaintiff by its att orneya, Glasma n, Jaynes • Carpente r, and for a claia for relief aga inst t he defendant , atatea and elleqes aa f o l lowe . l. The plaintiff is • f oreign corporat ion authori zed to do business in the State of Colorado and the defendan• is a municipal corporation. 2. That at all ti .. s aaterial to the subject aat ter of thia suit the plaintiff iaaued a policy of insurance being policy nuaber AC 9163-003 wherein the defendant waa a named 3. That on or about Kay 17, 1978, J ay-Jay, Ltd. a Colorado limited partnership, co8menced a civil auit againat the defendant, City of Englewood, alleqing negligence of the agent• and employee& of the defendant which occurred on or about June 10, 1974. 4. The defendant, City of Englewood, contends that pursuant to its policy of insuranc e that the plaintiff is obligated to defendant and pay any judgments, up to the limits of coverage of the insurance policy, that may be awarded Jay- Jay. Ltd. i n ita pending c ivil a ction against t he defendant . S. Notwithstanding the fact th at the defendant received the Summon• and Complaint and Notice of Suit o n May 1 7 , 1978 , no notice was given to the plaintiff or any of its • I • • • • • • • .. - aqenta until Decaaber 3 , 198 0 when it rece ived !irat notice o! the auit filed by J a y-Jay, Ltd. 6 . The plaintiff a!firaatively allege• tha t ther e ia no cove rage under ita polic y o ! inaurance and there is no obl igation on the plaintiff t o def end the defendant nor pa y a ny j udqa.nt tha t aight be ent e red in favor o ! Jay-Jay, Ltd. and againat the defendant , City o ! Englewood , in pend i ng Arapahoe County Diatric t Cou rt Civi l Action No . 3967 6 on the ground • that the defendant haa !ai led t o c omply wi t h t he teraa and condition• of the po l i cy o! ina urance and haa brea ched aa id policy in failing to comp ly wi th the fo l lowing cond itions; D. INSUREDS DUTIE S IN THE EVE NT OF OCCU ~ -~CE , CLAIM OR SUI T ; 2. I! claim ia made or au i t ia brough t a gains t the inaured, the inaured ahall immediately for ward to the company every deaand, notice, aummona o r other proceaa received by him or hie repreaentati ve. 3. The inaured ahall cooperate with the c o mpany . Since the insured haa failed to comply with the foregoing terms o! the policy of insura • ·<1 , on either grounda, there ia no duty or obligation on t he plain tif f to defend th' auit filed by Jay-Jay, Lt d., nor pay any judgme n t that might be entered i n f avo r o f Jay-Jay, Ltd. and agains t the defendant, City o f Eng lewood . WHEREFORE , the p lain t if f pra y• t hat the Court ent er an Order d eclaring t hat the d efendant , City of Engl ewood , ha s breache d t h e t erms a nd condi tions o f its po l icy of insurance wit h the p laintiff , t hat there 1 6 no coverage u nder t h e policy ot inaurance, that t here ia no o bligation o n the plaintiff t o defend the civil action commenced by Jay-Jay , Ltd, being Civil Action No . 39 6 76 , in the Dis t r ict Cour t in and for the County o f Ar a p ahoe and t hat there i s no o b l igation on t he p la in t i f f to pa y a n y j udgment tha t might be e ntered in aaid a ction and agai nst the de f e nda nt, City of Eng l e wood . The p lain tiff prays for suc h other and f ur ther r elief a a t he Court deems proper and ita costa of au i t. -2 - • I • • • • • .. Addreas of Plaintiff: 789 Sharman Street Denver, Colorado 80203 - 3 - • • • By : 11-,ci~~~~~~;;::::::.__ 11 aaoan Attor ne y f or Plain t iff Itt Lo9an Str-t luite 10 1 De nver , Colorado 8 0203 86 1 -5454 • I • • In • • • RESOLUTION NO. i' SERIES OF 1981 _ __::.. , . • • • A RESO LUTION AUTHORIZING THE DISSEMINATION OF INFORMATION CONCERN! G CHARTER PROPOSALS FOR MARCH 24, 1981 SPECIAL ELECTION. WHEREAS, a special election i s called for March 2 4, 1981 to consider proposed amendments to the Home Ru le Charter; and WHEREAS, there have been request s by the citizens of Englewood for information from both elected off icia ls and City staff concerning the issues to be presented at the March 24, 19 81 special election. ~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN CIL OF THE CIT~~· ENGLEWOOD, COLORADO: 1. That in accordance with Colorado Revised Statutes of 1973, as amended, l-45-116, authority is hereby given to elected officials and City staff to disseminate information concerning Charter proposals at the March 24, 1981 special election. 2. That this Resolution is specific authority to dis- seminate information to the general public,by both written and spoken word, at the direction of the City Counc il and the City Manager. ADOPTED AND APPROVED this ______ d ay o f ________________ , 1981. Mayor Attest: ex officio City Clerk-T reasurer I, Gary R . Higbee, ex officio Cit y Cle rk-Treasurer of he City of Englewood, Colorado, hereby certify that the above is a true, accurate and complete copy of Re solut ion No. , Series of 1981 . Gary R. Higbee 0 I • • • RESOLUTION NO.~ SERIES OF 1981~---- • • - A RESOLUTION AUTHORIZING THE DISSEMINATION OF INFORMATION CONCERNING CHAR'l'ER PROPOSALS FOR MARCH 24, 1981 SPECIAL ELECTION. WHEREAS, a special election is called for Marc h 24 , 1981 to consider proposed amendments to the Home Rule Cha r t er ; and WHEREAS, there have been requests by the citizens of Engl e wood for information from both elected officia ls a nd City staff concerning the issues to be presented at the l'tarch 24 , 19 8 1 special election. NOW, THEREFORE, BE IT RESOLVED BY THE CI'rY COUNCIL OF TilE CITY OF ENGLEWOOD, COLORADO: 1. That in accordance with Colorado Revised Statutes of 1973, as amended, 1-45-116, authority is hereby given to elected officials and City staff to disseminate information concerning Charter proposals at the March 24, 19al special election. 2. That this Resolution is specific authority to dis- seminate information to the general public,by both written and spoken word, at the direction of the City Council and the City Man age r. ADOPTED AND APPROVED this ;ztAday of ~, 1981. -------·-·-1-layor------------------- Attes t : ex of f icio City Clerk Treasurer I, Gary R. Higbee, ex off icio City Clerk-'rr easurer of the City of Englewood, Colorado, hereby c ertify that the above is a true , accurate and complete copy of Re solution No. ~ , Series of 198 1 . Gary R. I11gbee • I • • • • RESOLUTION NO. __ ~- SERIES OF 1981 • • - A RESOLUTION APPROVING THE APPOINTMENT OF LORET TA B . HUFF IN E AS ASSISTANT CITY ATTORNEY. WHEREAS, the City of Englewood, a Colorado home rul e municipal corporation, has duly established a Municipal Court a n d requires the services of an attorney at law to prosecute Charte r and Code violations in said Municipal Court; and WHEREAS, Loretta B. Huffine is duly licensed to practice law before the courts of the State of Colorado. NON, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 1. That Loretta B. Huffine, Attorney at Law , and the law firm of Loretta B. Huffine, hereinafter referred to as "law firm", are appointed Assistant City Attorney to work at the direction and control of the City Attorney as prosecutor before the Municipal Court, appeals therefrom by defendants, appeals b y the City, and/or Commission meetings as directed by City Attorney; that the law firm shall expend approximately 20 hours per week in this capacity. 2. It is agreed that law firm shall defend City in up to two appeals per term of contract by defendants to District Court without additional cost. Should more than two cases per term of contract be appealed by defendants or should the City appeal, City shall pay $25/hour for noncourt time and $35/hour for court time upon approval by the City Attorney prior to performance of service s. 3. Consideration shall be at the rate of $1,000 per month, due and payable on the 15th day of the month following rendition of services. Services are to commence March 1, 1981. 4. Substitutes: law firm shall advise City Attorney of substitute prosecutor should substitutes be necessary. Approval of City Attorney and City Council shall be necessary prior to substitute assuming duties. 5. This contract may be terminated by either party upon thirty days' written notice to the other. In any event, this contract shall terminate on December 31, 1981 subject to renegotia- tion for the year 1982. 6. It is expressly understood that the services performed by the law firm are contract services ·not entitling law firm to benefits of the City employees, specifically excluding health and dental insurance, life insurance, disability insurance, Workmen's • I • • • • • . . Compensation, Social Secur ity, vacation leave, personal leave , disability leave, and/or such other and further benefits of an employee of the City. ADOPTED AND APPROVED this 17th day of February, 1981. 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 Resolution No. _____ , Series of 1981. Gary R. Higbee -2- • I • • n • • . . • l i" RESOLUTION NO. SERIES OF 1981 ~~-- A RESOLUTION APPROVING APPOINTMENT OF ASSISTANT CITY ATTORNEY SUBSTITUTE PROSECUTORS. WHEREAS, the City of Englewood, a Colorado home rule municipal corporation, has duly established a Municipal Court and requires the services of an attorney to prosecute Charter and C~e~)olations in said Municipal Court; and ~ EREAS, Loretta B. Huffine has been appointed Assistant City Attorney to prosecute Charter and Code violations in Municipal Court; and WHEREAS, substitute Assistant City Attorneys are required in case of illness and absences. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 1. That Charles Grimm, Esq., Timothy J. Flynn, Esq., Edwin F. Moats, Esq., and David J. Menzies, Esq. are appointed as substitute Assistant City Attorneys for prosecutor of Municipal Code and Rome Rule Charter violations. 2. Compensation for services of substitute Assistant City Attorneys shall be paid from contract funds after services are rendered. 3. That said substitute Assistant City Attorneys may be called for service by Loretta B. Huffine or City Attorney as may be necessary. It is expressly understood that substitute Assistant City Attorneys are bound by master agreement with Loretta B. Huffine and shall work at the direction and control of the City Attorney. ADOPTED AND APPROVED this 17th day of February, 1981. Mayor Attest: ex officio city Clerk-Treasurer I . • ·In • • • .. - I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate and complete copy of Resolution No. ______ __ Series of 1981. Gary R. H1.gbee • I • • • • • • • .. • C 0 U N C I L C 0 M " U N I C A T I 0 N DATE AGENDA ITEM SUBJECT ~A West Oxford Avenue -Platte River o .... t .. ,. s ...... ,.,.,...,. J' ... Februarv 12 1981 INITIATED BY City Mau•cr ACTION PROPOSEDt ____ ~BeYUc~qppema.uoad&•~tt~g~n~guf~AwKA•~r4d~o~f~But~d~f~p~r~th~e~r•~~n~e~t~r~ .. ~c~t1~n~n~o~f~u~a~•-- Outlet Structure Igprovcaent• INTRODUCTION AND BACKGROUND In 1974 a 92 insh diameter storm ae~~er pipe was installed along the south aide of Oxford Avenue. This line drains the South Central and South Englewood drainage basins into the South Platte River. The outlet structure consists of rock riprap within wire baskets (gabiona), On August 14, 1980, during or just after a rain the lower baskets broke and the riprap was washed downstream. A large void three to four feet deep was then created at the outlet of the line and the gabions along the north side of the outlet were removed. City forses filled the void with approximately 30 cubic yards of large rock riprap and concrete, however, the gabion baskets still need to be replaced. Construction plans and specifications were prepared by the firm of Sellards and Grigg Inc. Bids were opened on February 10, 1981 for the installation of the new gabions and other minor repair work to the structure. Eight contractors submitted bids. The low bidder was Tomichi Construction Company with a bid of $6, 5_22. A bid tabulation is attached • FINANCIAL DETAILS The total cost of this project is $11,000. In summary: Engineering Design Construction -Tomichi Cons. Co. Inspection Project Contingencies TOTAL $ 2,500 6,522 1,000 978 $11,000 There is $20,000 budgeted for storm se~~er repair in the Public Iq>rovement Fund for 1981 • I • • • • • .. • CONCLUSIONS AMD JtECO!IIIItMDAnONS Attached ia a reco-ndation by the conaultiq an&ineera. We concur with their reca..andation to ~ard the Weat Oxford Avenue -Platte River Outlet Structure lllpro'W!•nta to To.tchi Conatruction Co~~pany in the bid ..aunt of $6,522. SUGGESTED ACTION: MOVED BY ____________ _ SECOND ____________ _ YES ___ ~NO ___ ~ABSENT _______________________ _ • I • • ~ID (' • • • . . • CDH8ULTIND I:HDIHI:I:•a SELLARDS & GRIGG, INC. Mr. Gary Diede, Chief Engineer City of Englewood 3400 South Elati Street Englewood, Colorado 80110 C R Ill Pilla ~c.....--· February 11, 1981 Re: West Oxford Avenue -Platte River Outlet Structure Improvements S&G No. 7147-401 Dear Mr. Diede: Bids were received on the above-referenced project on February 10, 1981. We have reviewed the bids and find them to be in order. The low bidder was approximately 23 percent below the engineer's estimate and about 30 percent below the second low bidder. These percentages are fairly large because of the total dollar cost of the project. A bid summary of the eight bids and engineer's estimate are attached for your review. Tomichi Construction Company, the low bidder, has been in the contracting business for two years. An investigation of references supplied to us reveals that as Tomichi Construction, they have performed competently and conscientiously, completing the work on schedule. They have performed work on a large drainage project on the Denver Federal Center property involving storage ponds, a bridge, major ditch excavation and concrete work. They have also performed work on building remodeling at Rocky Mountain Arsenal, the Denver Federal Center and Lowry Air Force Base. Prior to becoming a principal in Tomichi Construction Company, Wayne Hoover was a field superintendent with W B Industries. One of his major projects was the improvement of Harvard Gulch near Loretto Heights for Denver Urban Renewal. This project consisted of gabion construction, check dams, riprap placement and related earthwork. This project was completed with only minor difficulties and on schedule. A discussion with Mr. Robert Bowen of Tomichi revealed that his planned procedure and available equipment for this project are sufficient to construct this project. • • I • • ' • Merilers of the City Counc11 February 11, 1981 Page Two • • • On the basis of the faVorable evaluation of Tomichi Construction Company by their references, past experience of its principals on related projects and a favorable evaluation of their proposed construction procedure, we rec011111end that the contract be awrded to Tomichi Constn~ction Company for the total amount of $6,522. Tomichf Constructfon Company maintains an office at 1244 Columbine, Denver, Colorado 80206. We have attached a copy of the references furnished our firm by Tomichi Construction Company and the comments furnished by these references. If you have questions on this or other parts of this analysis, please advise. PMW:lb encl. • Very tn~ly yours, SELLARDS & GRIGG, INC. C.~!!:.'!r ... I . • • • • • • .. • References 1. Harold Long, Contracts Acbfntstrator, GSA, Denver Federal Center Conlnents: Tomfchi worked on a large drainage project on the Denver Federal Center property. The project included storage ponds, a bridge, earth excavation, concrete work and a drainage ditch. T0111fchi is honest, competent and has done a good Job for them. 2. Lt. Sara Hancock, Contract Officer, Lowry Air Force Base eo ... nts: TOIIIichi constructed a 25 x SO steel building complete with excavation and foundation. They also remodeled another bufldfng. T0111fchi 's work was good on both projectsi the projects were completed on time. 3. Clete Donahue, Owner, Powder Horn Construction Co., formerly with W B Industries Comments: Wayne Hoover, principal in Tornichi Construction Co., was a field superintendent with W B Industries while Donahue was a foreman. Both worked on the Harvard Gulch improvements near Loretto Heights for Denver Urban Renewal. The project was two to three miles long, consisted of gabion construction, check dams, rfprap and earthwork. Hoover is conscfentfOUSi does a good job • • I . • l • 1. 2. 3. 4. 5. 6. 7. 8 . CONSULTI NQ C N []I NCCRS • • . . • SELLARDS & GRIGG, INC. Cott o nwood Pl•z• Lahwoocl, Colorado 10215 Bl D TABU LA Tl Oli (303) 231-6411 I·JEST OXFOR D AVENUE -PLATTE RIVER OUTLET STRUCTURE lt1PROVEMENTS f or t he City of En gl ewo od S&G No. 7147 -401 February 10, 1981, 11:00 A.rl. BID IT EM NO. 2 3 EN GI NEER'S ESTIMATE $ 5,750 $ 250 $ 2 ,500 Tomichi Construction Co. 5,654 194 674 Abbott Construction Co. 6,747 708 2,033 Od ell, Inc. 7,500 80 0 1,200 G!N Construction Co. 8,149 800 1 ,800 Winslow Construction Co . 10,000 200 775 Technology Construction Co. 9,450 1,542 1,876 T. A. Young Cons.t. Co.* 10,000 1,300 6,685 Blackington & Decker 22,500 3,000 12 ,000 TO TAL $ 8,50 0 6,522 9,488 9,500 10,749 10,975 12,868 17,985 37,500 NOTE:* Bid Qualification: "If a1~arded prior to Mar. 15, 1981, we would require the 45 calendar days for construction not to s t at·t prior t o t1ar. 23, 1981." TAY • I • • ( • • • ,. • ~ 'ID mE EKEUaD CI 'IY CIXH:lL REGARDn«; RE<XItem\TIOO OF mE PAII<S & RECREATIOO <XH«SSIOO ll\lE : February U, 1981 SliWrl': AN ORDilWO: ES'l'ABLISHil« A SPECIAL FUI> OF mE CI'lY 'ID BE l<lOii AS 'D£ ''MUlEY CEfl'ER TII.ST FUID" (Col.ncil Bill No . 30) ~= To accept the Orc:liNn:e as appropd.ate1y IDI!Ilded . By request of the &lgiewood Parks and Recreation Calmission I . .