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HomeMy WebLinkAbout1981-03-09 (Regular) Meeting AgendaCity Council Heeting-Regular HarchqT, 1981 • • • 0 • • • .. • CITY COUNCIL MEETING March 9, 1981 RESOLUTION # ~~ 13, 14, 15 ORDINANCE , /1 I zf!.~. 30, 31 • 0 0 • I . • • • SPECIAL MEETING: • • - COUNCIL CHAMBERS CITY OF ENGLE~D. COLORADO March 9, 1981 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on March 9, 1981, at 7 :30p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Mr. Mac Bartee, Englewood Church of Christ, 4690 South Logan Street. The pledge of alle- giance was led by Boy Scout Troop 192. 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 Chief of Police Holmes Director of Public Works Waggoner Deputy City Clerk Watkins * * * * * * Council Member Bradshaw noted corrections to the minutes of the special meeting of February 5, 1981, pages 3 and 5. The names appearing 3rd and 4th from the bottom on page 3 should be spelled "Whitaker". On page 5, third paragraph, the name should be spelled "Ausfahl". COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF FEBRUARY, 5, 1981, AS CORRECTED. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bile, Bradshaw, Otis • I • • • March 9, 1981 Page 2 Nays : None. • • • The Mayor declared the mo tion carried . * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF FEBRUARY 17, 1981. Council Member Keena seconded the mot ion . Upon a cal l of the roll, the vote resulted as follows : Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo , Bradsh aw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION COMMENDING ENGLEWOOD POLICE OFFICERS JAMES HINSON AND MICHAEL SWAN FOR THEIR COURAGEOUS AND PROFESSIONAL APPREHENSION OF ROB- BERY SUSPECTS AND RECOVERY OF FUNDS TAKEN FROM AN ENGLEWOOD BANK. 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 read a letter from Steve Seay, President of Community Bank from which the money was stolen, commending Police Officers Swan and Hinson for their bravery and the Englewood Police Department for their cooperation and understanding. Mayor Otis read the proclamation and presented it to Officer Swan. Officer Hinson was not present. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE A PROCLAMATION COMMENDING THE ENGLEWOOD POLICE DEPARTMENT FOR THEIR PROFESSIONALISM IN APPREHENDING FOUR ROBBERY SUSPECTS AND RECOVERING FUNDS TAKEN FROM AN ENGLEWOOD BANK. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: • ) I • • c • March 9, 1981 Page 3 Ayes : Nays: • • Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis read the proclamation and presented it to Police Chief Robert Holmes who accepted it and expressed appre- ciation on behalf of the Police Department. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION COMMENDING KELLS WAGGONER, DIRECTOR OF PUBLIC WORKS, FOR HIS DEDICATION TO DUTY WITH THE CITY OF ENGLEWOOD AND UPON HIS BEING DISTINGUISHED AS ONE OF THE TOP 10 PUBLIC WORKS LEADERS OF THE YEAR, 1981, BY THE AMERICAN PUBLIC WORKS ASSOCIATION. 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. Mayor Otis read the proclamation and presented it to Kells Waggoner who accepted it and expressed appreciation for the recognition and honor. * * * * * * Pre-scheduled visitor,Matt Buechner, Chairman of DeMolay Week, was not present to receive a proclamation declaring the week of March 15-22, 1981, as DeMolay Week. Mayor Otis stated the presentation would be made at the regular City Council meeting of March 16. * * * * * * Pre-scheduled visitor, Jerry French, 4573 South Logan Street, was present and requested that a traffic light be re- installed at the intersection of Stanford and Logan Streets. Mr. French submitted a petition containing signatures of 51 homeowners in favor of re-installing the traffic light. Mr. French stated • I • • • March 9, 1981 Page 4 • • .. the reasons for this request were : 1) turning from Stanford onto Logan was hazardous because the view was blocked by parked cars and there was a rise in road elevation; 2) the majority of the people did not drive the speed limit and the traffic light would slow them down; and 3) Cherrelyn Elementary School was nearby and the traffic presented hazardous cond i tions for children walk- ing to school. Mr. French stated the children were crossing the street at the Stanford/Logan intersection rather than walk- ing to Tufts and crossing wit h the light there . In response to Counc il Member Higday's question, Director of Public Works Waggoner stated the traffic light was taken out of this intersection following the closing of Duncan School and as a result of a school survey. Mayor Otis informed Mr. French that this matter would be turned over to the Traffic Engineer for a report and recommendat ion to Council. * * * * * * Pre-scheduled visitor, Eddie Tanguma, member of the Planning and Zoning Commission, was present and requested addi- tional funding from Council to send a second commissioner to the Annual American Planning Association Conference in Boston on April 25 -29, 1981. Mr. Tanguma stated the conference has been expanded and participation in all the committees and work- shops was too difficult for one person to do. In response to Council's question, City Manager McCown estimated the cost to send another commissioner would be approxi-mately $1,000. Council noted that the letter from the Planning and Zoning Commission Chairperson stated the vote on this recom- mendation was 5 to 2 and asked Mr. Tanguma to explain the rea- son for the 2 nay votes. Mr. Tanguma stated he did not recall the reasons why. Council agreed to take the request under advisement and discuss it with the Planning and Zoning Commission at their next joint session. Council Member Higday asked Mr. Tanguma to provide the agenda for the conference. * * * * * * • I • • • • • • • • March 9, 1981 Page S Council Member Neal prefaced his motion by stating there was a gentleman in the audience, David Clayton, who was concerned about agenda items 7(e), an ordinance that would change the membership of the Election Commission, and 7(g), an ordinance concerning unmarked City vehicles. Mr. Neal stated he felt Mr. Clayton should address his concerns to the Council. COUNCIL MEMBER NEAL K>VED TO SUSPEND THE RULES OF THIS MEETING AND ALLOW MR. CLAYTON TO SPEAK. 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. David Clayton appeared before Council and spoke con- cerning the proposed ordinance that would change the membership of the Election Commission. Mr. Clayton stated the changes were basically good and asked if it contained safeguards whereby mem- bers would be from different districts. Council pointed out the proposed ordinance intended to provide that no more than two members would be from the same district. status. were: Mr. Clayton stated he agreed with the proposed changes. * * * * * * There were no other visitors due to special meeting * * * * * * "Communications -No Action Recommended" on the agenda (a) (b) (c) Minutes of the Board of Adjustment and Appeals meeting of December 10, 1980. Minutes of the Englewood Housing Authority meetings of January 14, January 28, and February 4, 1981. Minutes of the Planning and Zoning Com- mission meeting of February 3, 1981 • • 0 I • • • March 9, 1981 Page 6 (d) (e) (f) (g) (h) • • • Minutes of the Liquor License Authority meeting of February 4, 1981. Minutes of the Public Library Board meet- ing of February 10, 1981. Minutes of the Downtown Development Au- thority meetings of February 11 and 25, 1981. Municipal Court Activity Report for the month of January, 1981. Memorandum from Lieutenant Bailey to Chief Holmes concerning his attendance at the Police Records And Communications Workshop in Savannah, Georgia, on February 16 -20, 1981. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS- NO ACTION RECOMMENDED" AGENDA ITEMS S(a) -S(h). 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. * * * * * * Assistant City Manager Wanush presented a Council Com- munication concerning the minutes of the Water and Sewer Board meeting of February 11, 1981, with a recommendation to approve Southgate Sanitation District Supplements 87 and 88. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE SOUTHGATE SANITATION DISTRICT SUPPLEMENTS 87 AND 88. 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. * * * * * * • 0 I • • • • Ma r ch 9, 1 98 1 Page 7 .. • • - Assistant City Manager Wanush presented the Council Communication concerning the minutes of the Water and Sewer Board meeting of February 11, 1981, recommending that attorney, David Hahn, be retained to standardize a sewer contract that could be used as contracts expire. Mr. Wanush noted the at- torney's fees would have to be negotiated; and the money was available as the costs for Mr. Hahn to review the sewer con- tracts was considerably less that what had been estimated. COUNCIL MEMBER FITZPATRICK MOVED TO HAVE THE ATTORNEY ·, DAVID HAHN, PRODUCE A SAMPLE CONTRACT FOR FUTURE SEWER CONTRACTS IN THE DISTRICTS. 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. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Commission meeting of February 12, 1981, with a recommendation concerning a recreation program fee increase only to citizens living outside of Englewood. Mr. McCown recommended that no action be taken on this matter until more information was available and discussed further in a study session. COUNCIL MEMBER KEENA MOVED TO RECEIVE THE RECOMMENDA- TION. 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 instructed the City Manager to place the re- creation program fee recommendation on the study session for March 16th. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Commission meeting of February 12, 1981, regarding • D I • • • March 9, 1 98 1 Page 8 .. • • - a recommend ation o f Ba t es-L o g an Park p ropert y along the City Ditch. Mr. McCown advi sed that mor e i nformation was need e d concerning property rights, etc. be f or e the recommendation should be considered. COUNCIL MEMBER KEENA MOVED TO RECEIVE THE RECOMMENDA- TION BUT NOT TO PURCHASE THE LAND AT THIS POINT. Council Memb e r 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. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Commission meeting of February 12, 1981, regarding a recommendation to accept the ordinance establishing a special fund of the City to be known as the "Malley Center Trust Fund". COUNCIL MEMBER KEENA MOVED TO RECEIVE THE RECOMMENDA- TION. 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. * * * * * * City Manager McCown presented a Council Communication from the City Clerk concerning a Massage Parlor Application for Soon Ye Scott, 2801 South Broadway. City Attorney DeWitt recommended tabling consideration of the application because the application was incomplete and there was a mistake on the license information form. Attorney for the applicant, Larry Harvey, appeared before Council and offered to correct the mistake at this time • • I • • • • • • March 9, 1 98 1 Page 9 • • • Co u ncil Memb e r Neal noted certain supplemental i nforma- tion was mi ss i ng from t he appl i cation. In respons e t o Council Member Neal's question, Mr. Harvey stated the applicant would be t he owner and operator and would have total authority over the premises. He did not respond as to whether the applicant would be on the premises the entire time the business was open. COUNCIL MEMBER HIGDAY MOVED TO TABLE THE MATTER UNTIL MARCH 16, 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. Mayor Otis instructed Mr. Harvey to meet with Mr. DeWitt for the purpose of filling out the application correctly and com- pletely before the meeting on March 16th. * * * * * * City Manager McCown presented a Council Communication from the Department of Community Development concerning a re- vised agreement between the City of Englewood and the Englewood Housing Authority. Mr. McCown stated the revised agreement would allow grants to be part of the Housing Rehabilitation Program us- ing Community Development Block Grant Funds. Mr. McCown further recommended that Council act expeditiously on this matter. COUNCIL MEMBER FITZPATRICK MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE IMPLEMENTING THE REVISED AGREE- MENT AND THAT THE ORDINANCE CONTAIN AN EMERGENCY CLAUSE. 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. * * * * * * I • • G • • March 9, 1981 Page 10 ORDINANCE NO. 27 SERIES OF 1981 . . BY AUTHORITY • • • 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 MUNICIPAL COURT SYSTEM. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 29, 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. 28 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER BRADSHAW 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. COUNCIL MEMBER BRADHSAW MOVED TO PASS COUNCIL BILL NO. 30, 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. It was noted that accounting procedures for this fund could be set out by resolution. * * * * * * • I • • • • March 9 , 198 1 Page 11 ORDINANCE NO. 29 SERIES OF 1981 • • - BY AUTHORITY COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER FITZPATRICK 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 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 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. Council Member Fitzpatrick spoke about scrutinizing very closely any future applications based upon what has been written and transpired involving industrial revenue bonds. ORDINANCE NO . SERIES OF 1981-- * * * * * * BY AUTHORITY A BI LL FOR COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER NEAL 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 MOVED TO PASS COUNCIL BILL NO. 28 t, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion . • I • • D • March 9, 1981 Page 12 • • • COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MOTION BY DELETING ''WITH PRIOR APPROVAL OF CITY COUNCIL" IN SECTION 1, 11-1-2 (b) AND ADDING AT THE END OF THE SECTION, AS PART OF THE LAST SENTENCE, "WITH NOTICE TO CITY COUNCIL". 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. 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. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AMENDING TITLE IX, CHAPTER 1, SUBSECTION 1, OF THE '69 ENGLEWOOD MUNICIPAL CODE, TITLED "ELECTION COMMISSION", TO INCLUDE TWO ADDITIONAL MEMBERS AND PROVIDING THAT NO MORE THAN TWO MEMBERS SHALL BE FROM ANY ONE COUNCIL DISTRICT. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 32, SERIES OF 1981, ON FIRST READING. 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 • • • • • • • March 9, 1981 Page 13 Nays: .. None. • • • The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD ', COLORADO, AND URBAN DRAINAGE AND FLOOD CONTROL DISTRICT WHEREBY THE ECONOMIC FEASIBILITY ANALYSIS OF DESIGN ALTERNATIVES, LITTLE DRY CREEK, SHALL BE STUDIED BY SELLARDS AND GRIGG, INC. ENGINEERS ', COST TO BE SHARED BY CITY AND DISTRICT. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 33, SERIES OF 1981, ON FIRST 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. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE ADDING SECTION 9 TO CHAPTER 2, TITLE XIV, OF THE '69 ENGLEWOOD MUNICIPAL CODE, LIMITING THE USE OF UNMARKED CITY VEHICLES FOR TRAFFIC CONTROL. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 35, SERIES OF 1981, ON FIRST READING. Council Member Bradshaw sec- onded the motion • I . • 0 • • March 9 , 1981 Page 14 .. • • - COUNCIL MEMBER FITZPATRICK MOVED TO AMEND THE MOTION BY DELETING THE WORDING I N SECTION 1, 14-2-9, AND ADD THE FOLLOW- ING : "IT IS THE POLICY OF THE CITY OF ENGLEWOOD THAT THE POLICE VEHICLES USED FOR REGULAR ROUTINE TRAFFIC PATROL WILL BE MARKED PROMINENTLY AS ENGLEWOOD POLICE VEHICLES. FAILURE TO COMPLY WITH THIS POLICY WILL BE NO DEFENSE TO ANY VIOLATION OF LAW", Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Counc i l 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 Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER NEAL MOVED TO PLACE COUNCIL BILL NO. 32 AND COUNCIL BILL NO. 35 ON THE AGENDA FOR THE SPECIAL MEETING ON MARCH 30, 1981. 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. RESOLUTION NO. 11 SERIES OF 1981 * * * * * * A RESOLUTION APPOINTING THOMAS V. HOLLAND ASSISTANT CITY ATTORNEY AND FIXING HIS SALARY FOR THE BALANCE OF THE YEAR 1981 • • I • • ,., • • March 9, 1981 Page 15 • • • COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 11, 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, Fitzpatrick, Keena, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt discussed the case of the City of Englewood vs. Pezoldt. Mr. DeWitt stated a resolution on this matter would be forthcoming. * * * * * * City Manager McCown presented a Council Communication from the Depar tment of Finance concerning the Malley Center Con- tribution. COUNCIL MEMBER KEENA MOVED TO APPROVE THE CONTRIBU- TION. 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. 12 SERIES OF 1981 A RESOLUTION AMENDING THE GENERAL FUND. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 12 1, SERIES OF 1 981. 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. Nays: None. The Mayor declared the motion carried. * * * * * * • I • • • March 9, 1981 Page 16 .. • • • City Manager McCown presented a Council Communication from the Department of Community Development requesting a Special Council meeting for purpose of holding a public hearing on the Community Development Block Grant. COUNCIL MEMBER FITZPATRICK MOVED TO SET A PUBLIC HEAR- ING ON MARCH 30, 1981, AT 7:00 P.M. 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. * * * * * * Under the special meeting status, no further business could be discussed. * * * * * * MEETING. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE SPECIAL Mayor Otis adjourned the meeting without a vote at 9:00 p.m. • • I • • • • SPECIAL MEETING : • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLO RADO March 9, 1981 The City Council of the City of Englewood, Arapahoe County, Colorado, met i n special session on March 9, 198 1, at 7 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Mr. Mac Bartee, Englewood Church of Christ, 4690 South Logan Street. The pledge of alle- giance was led by Boy Scout Troop #92. 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 Chief of Police Holmes Director of Public Works Waggoner Deputy City Clerk Watkins * * * * * * Council Member Bradshaw noted corrections to the minutes of the special meeting of February 5, 1981, pages 3 and 5. The names appearing 3rd and 4th from the bottom on page 3 should be spelled "Whitaker". On page 5, third paragraph, the name should be spelled "Ausfahl". COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF FEBRUARY, 5, 1981, AS CORRECTED. Council Member Higday 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 • • • March 9, 1981 Page 2 Nays : None . • • .. The Mayor declared the motion carried . * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE TH E MINUTES OF THE SPECIAL MEETING OF FEBRUARY 17, 1981. 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. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION COMMENDING ENGLEWOOD POLICE OFFICERS JAMES HINSON AND MICHAEL SWAN FOR THEIR COURAGEOUS AND PROFESSIONAL APPREHENSION OF ROB- BERY SUSPECTS AND RECOVERY OF FUNDS TAKEN FROM AN ENGLEWOOD BANK. 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 read a letter from Steve Seay, President of Community Bank from which the money was stolen, commending Police Officers Swan and Hinson for their bravery and the Englewood Police Department for their cooperation and understanding. Mayor Otis read the proclamation and presented it to Officer Swan. Officer Hinson was not present. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE A PROCLAMATION COMMENDING THE ENGLEWOOD POLICE DEPARTMENT FOR THEIR PROFESSIONALISM IN APPREHENDING FOUR ROBBERY SUSPECTS AND RECOVERING FUNDS TAKEN FROM AN ENGLEWOOD BANK. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: • 0 I • • • March 9, 1981 Page 3 Ayes : Nays : • • - Counci l Members Higday, Neal, Fitzpatrick, Keena , Bilo, Bradshaw, Ot is . None . The Mayor declared the motion carried. Mayor Otis read the proclamation and presented it to Police Chief Robert Holme s who acce pted it and expressed appre- ciation on behalf of the Police Department. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION COMMENDING KELLS WAGGONER, DIRECTOR OF PUBLIC WORKS , FOR HIS DEDICATION TO DUTY WITH THE CITY OF ENGLEWOOD AND UPON HIS BEING DISTINGUISHED AS ONE OF THE TOP 10 PUBLIC WORKS LEADERS OF THE YEAR, 1981, BY THE AMERICAN PUBLIC WORKS ASSOCIATION. Council Member Higday seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keen a, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis read the proclamation and presented it to Kells Waggoner who accepted it and expressed appreciation for the recognition and honor. * * * * * * Pre-scheduled visitor,Matt Buechner, Chairman of DeMolay Week, was not present to receive a proclamation declaring the week of March 15-22, 1981, as DeMolay Week. Mayor Ot is stated the pr esentation would be made at the regular City Council meeting of March 16. * * * * * * Pre-scheduled visitor, Jerry French, 4573 South Logan Street, was present and requested that a traffic light be re- installed at the intersection of Stanford and Logan Streets. Mr. French submitted a petition containing signatures of 51 homeowners in favor of re-installing the traffic light. Mr. French stated • 0 I • • n • March 9, 198 1 Page 4 • • .. the reasons for this request were : 1) turning from Stanford onto Logan was hazardous because the view was blocked by parked cars and there was a rise in road elevation; 2) the majority of the people did not drive the speed limit and the traffic light would slow them down; and 3) Cherrelyn Elementary School was nearby and the traffic presented hazardous conditions for children walk- ing to school. Mr. French stated the children were crossing the street at the Stanford/Logan intersection rather than walk- ing to Tufts and crossing with the light there. In response to Council Member Higday's question, Director of Public Works Waggoner stated the traffic light was taken out of this intersection following the closing of Duncan School and as a result of a school survey. Mayor Otis informed Mr. French that this matter would be turned over to the Traffic Engineer for a report and recommendation to Council. * * * * * * Pre-scheduled visitor, Eddie Tanguma, member of the Planning and Zoning Commission, was present and requested addi- tional funding from Council to send a second commissioner to the Annual American Planning Association Conference in Boston on April 25 -29, 1981. Mr. Tanguma stated the conference has been expanded and participation in all the committees and work- shops was too difficult for one person to do. In response to Council's question, City Manager McCown estimated the cost to send another commissioner would be approxi- mately $1,000. Council noted that the letter from the Planning and Zoning Commission Chairperson stated the vote on this recom- mendation was 5 to 2 and asked Mr. Tanguma to explain the rea- son for the 2 nay votes. Mr. Tanguma stated he did not recall the reasons why. Council agreed to take the request under advisement and discuss it with the Planning and Zoning Commission at their next joint session. Council Member Higday asked Mr. Tanguma to provide the agenda for the conference. * * * * * * • I • • 0 • • • • • • - Mar ch 9, 198 1 Page 5 Council Member Neal prefaced h i s mot ion by stating there was a gentleman in the audience, Dav i d Clayton, who was concerned about agenda items 7(e), an ordinance that would change the membership of the Election Commission, and 7(g), an ordinance concerning unmarked City vehicles. Hr. Nea l stated he felt Hr. Clayton should address his concerns to the Council. COUNCIL MEMBER NEAL K>VED TO SUSPEND THE RULES OF THIS MEETING AND ALLOW MR. CLAYTON TO SPEAK. 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. David Clayton appeared before Council and spoke con- cerning the proposed ordinance that would change the membership of the Election Commission. Hr. Clayton stated the changes were basically good and asked if it contained safeguards whereby me~ bers would be from different districts. Council pointed out the proposed ordinance intended to provide that no more than two members would be from the same district. status. were: Mr. Clayton stated he agreed with the proposed changes. * * * * * * There were no other visitors due to special meeting * * * * * * "CoiiiiiUnications -No Action Recommended" on the agenda (a) (b) (c) Minutes of the Board of Adjustment and Appeals meeting of December 10, 1980. Minutes of the Englewood Housing Authority meetings of January 14, January 28, and February 4, 1981. Minutes of the Planning and Zoning Co~ mission meeting of February 3, 1981 • • I • • • Mar c h 9 , 198 1 Page 6 (d) (e) (f) (g) (h) • • • Minutes of the Liquor License Authority meeting of February 4, 1981. Minutes of the Public Library Board meet- ing of February 10, 1981. Minutes of the Downtown Development Au- thority meetings of February ll and 25, 1981. Municipal Court Activity Report for the month of January, 1981. Memorandum from Lieutenant Bailey to Chief Holmes concerning his attendance at the Police Records And Communications Workshop in Savannah, Georgia, on February 16 -20, 1981. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS- NO ACfiON RECOMMENDED" AGENDA ITEMS 5(a) -5(h). 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. * * * * * * Assistant City Manager Wanush presented a Council Com- munication concerning the minutes of the Water and Sewer Board meeting of February 11, 1981, with a recommendation to approve Southgate Sanitation District Supplements 87 and 88. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE SOUTHGATE SANITATION DISTRicr SUPPLEMENTS 87 AND 88. 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. * * * * * * • I • • ( • March 9, 198 1 Page 7 • • • Assistant City Manager Wanush presented the Council Communication concerning the mi nutes of the Water and Sewer Board meeting of February 11, 1981, recommending that attorney, David Hahn, be retained to standardize a sewer contract that could be used as contracts expire. Mr. Wanush noted the at- torney's fees would have to be negotiated; and the money was available as the costs for Mr. Hahn to review the sewer con- tracts was considerably less that what had been estimated. COUNCIL MEMBER FITZPATRICK MOVED TO HAVE THE ATTORNEY, DAVID HAHN, PRODUCE A SAMPLE CONTRACT FOR FUTURE SEWER CONTRACTS IN THE DISTRICTS. 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. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Commission meeting of February 12, 1981, with a recommendation concerning a recreation program fee increase only to citizens living outside of Englewood. Mr. McCown recommended that no action be taken on this matter until more information was available and discussed further in a study session. COUNCIL MEMBER KEENA MOVED TO RECEIVE THE RECOMMENDA- TION. 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 instructed the City Manager to place the re- creation program fee recommendation on the study session for March 16th. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Commission meeting of February 12, 1981, regarding • 0 I • • • March 9, 1981 Page 8 • • • a recommendation of Bates-Logan Park property along the City Ditch. Mr. McCown advised that more information was needed concerning property rights, etc. before the recommendation should be considered. COUNCIL MEMBER KEENA MOVED TO RECEIVE THE RECOMMENDA- TION BUT NOT TO PURCHASE THE LAND AT THIS POINT. 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. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Commission meeting of February 12, 1981, regarding a recommendation to accept the ordinance establishing a special fund of the City to be known as the ''Malley Center Trust Fund". COUNCIL MEMBER KEENA MOVED TO RECEIVE THE RECOMMENDA- TION. 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. * * * * * * City Manager McCown presented a Council Communication from the City Clerk concerning a Massage Parlor Application for Soon Ye Scott, 2801 South Broadway. City Attorney DeWitt recommended tabling consideration of the application because the application was incomplete and there was a mistake on the license information form. Attorney for the applicant, Larry Harvey, appeared before Council and offered to correct the mistake at this time • • ) I • • • Mar ch 9, 1981 Page 9 • • - Council Member Neal noted certain supplemental informa- tion was missing from the application. In response to Council Member Neal's question, Mr. Harvey stated the applicant would be the owner and operator and would have total authority over the premises. He did not respond as to whether the applicant would be on the premises the entire time the business was open. COUNCIL MEMBER HIGDAY MOVED TO TABLE THE MATTER UNTIL MARCH 16, 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. Mayor Otis instructed Mr. Harvey to meet with Mr. DeWitt for the purpose of filling out the application correctly and com- pletely before the meeting on March 16th. * * * * * * City Manager McCown presented a Council Communication from the Department of Community Development concerning a re- vised agreement between the City of Englewood and the Englewood Housing Authority. Mr. McCown stated the revised agreement would allow grants to be part of the Housing Rehabilitation Program us- ing Community Development Block Grant Funds. Mr. McCown further recommended that Council act expeditiously on this matter. COUNCIL MEMBER FITZPATRICK MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE IMPLEMENTING THE REVISED AGREE- MENT AND THAT THE ORDINANCE CONTAIN AN EMERGENCY CLAUSE. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Memb ers Higday, Neal, Fitzpatrick, Keena, Bi l o, Bradshaw , Ot i s. None. The Mayor declared the motion carried. * * * * * * () I • • • March 9, 1981 Page 10 ORDINANCE NO. 27 SERIES OF 1981 • • - BY AUTHORITY 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 MUNICIPAL COURT SYSTEM. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 29, 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. 28 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER BRADSHAW 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. COUNCIL MEMBER BRADHSAW MOVED TO PASS COUNCIL BILL NO. 30, 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, It was noted that accounting procedures for this fund could be set out by resolution. * * * * * * • I . • • • March 9, 1981 Page 11 ORDINANCE NO. 29 SERIES OF 1981 • • - BY AUTHORITY COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $320,000 CITY OF ENGLEWOOD, COLORADO, INDUSTRIAL DEVELOPMENT REVENUE NOTE ('mE 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. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 31, 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. Council Member Fitzpatrick spoke about scrutinizing very closely any future applications based upon what has been written and transpired involving industrial revenue bonds. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER NEAL 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 MOVED TO PASS COUNCIL BILL NO. 28 ', SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion • • I • • • March 9, 19 81 Page 12 • • - COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MOTION BY DELETING ''WITH PRIOR APPROVAL OF CITY COUNCIL" IN SECTION 1, 11-1-2 (b) AND ADDING AT THE END OF THE SECTION, AS PART OF THE LAST SENTENCE, "WITH NOTICE TO CITY COUNCIL". Council Member Keena seconded the mot i on. 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. 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. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AMENDING TITLE IX, CHAPTER 1, SUBSECTION 1, OF THE '69 ENGLEWOOD MUNICIPAL CODE, TITLED "ELECTION COMMISSION", TO INCLUDE TWO ADDITIONAL MEMBERS AND PROVIDING THAT NO MORE THAN TWO MEMBERS SHALL BE FROM ANY ONE COUNCIL DISTRICT. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 32, SERIES OF 1981, ON FIRST READING. 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 • • • ' • March 9, 1981 Page 13 Nays : None. • • • The Mayor declared t he mo t i on carried. ORDINANCE NO . SERIES OF 1981-- * * * * * * BY AUTHORITY A BI LL FOR COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMB ER BILO AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD •, COLORADO, AND URBAN DRAINAGE AND FLOOD CONTROL DISTRICT WHEREBY THE ECONOMIC FEASIBILITY ANALYSIS OF DESIGN ALTERNATIVES, LITTLE DRY CREEK, SHALL BE STUDIED BY SELLARDS AND GRIGG, INC. ENGINEERS ·, COST TO BE SHARED BY CITY AND DISTRICT. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 33, SERIES OF 1981, ON FIRST READING. Council Member Keena seconded the motion. Upon a ca l l 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. SERI ES OF 1981-- * * * * * * BY AUTHORITY A BILL FO R COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE ADD I NG SECTI ON 9 TO CHAPTER 2, TITLE XIV , OF THE '69 ENGLEWOOD MUNICIPAL CODE, LIMITING THE USE OF UNMARKED CITY VEHICLES FOR TRAFFIC CONTROL. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 35, SERI ES OF 1981, ON FIRST READING. Council Member Bradshaw sec- onded the motion. • 0 I • • • • • Mar ch 9 , 1981 Page 14 .. • • - COUNCIL MEMBER FI TZPATRICK MOVED TO AMEND THE MOTION BY DELETING THE WORDING IN SECTION 1, 14-2-9, AND ADD THE FOLLOW- ING : "IT IS THE POLICY OF THE CITY OF ENGLEWOOD THAT THE POLICE VEHICLES USED FOR REGULAR ROUTINE TRAFFIC PATROL WILL BE MARKED PROMINENTLY AS ENGLEWOOD POLICE VEHICLES. FAILURE TO COMPLY WITH THIS POLICY WILL BE NO DEFENSE TO ANY VIOLATION OF LAW". 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. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER NEAL MOVED TO PLACE COUNCIL BILL NO. 32 AND COUNCIL BILL NO. 35 ON THE AGENDA FOR THE SPECIAL MEETING ON MARCH 30, 1981. 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. RESOLUTION NO. 11 SERIES OF 1981 * * * * * * A RESOLUTION APPOINTING THOMAS V. HOLLAND ASSISTANT CITY ATTORNEY AND FIXING HIS SALARY FOR THE BALANCE OF THE YEAR 1981 • • 0 I • • ., • Mar ch 9 , 1 98 1 Page 15 • • • COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 11, SERIES OF 1981. Council Member Keena seconded the mot i on. Upon a call of the roll, the v ote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Ot is . None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt discussed the case of the City of Englewood vs. Pezoldt. Mr. DeWitt stated a resolution on this matter would be forthcoming. * * * * * * City Manager McCown presented a Council Communication from the Department of Finance concerning the Malley Center Con-tribution. COUNCIL MEMBER KEENA MOVED TO APPROVE THE CONTRIBU- TION. 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. 12 SERIES OF 1981 A RESOLUTION AMENDING THE GENERAL FUND. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 12 1, 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. * * * * * * • 0 I • • • March 9, 1981 Page 16 • • • City Manager McCown presented a Council Communication from the Department of Community Development requesting a Special Council meeting for purpose of holding a public hearing on the Community Development Block Grant. COUNCIL MEMBER FITZPATRICK MOVED TO SET A PUBLIC HEAR- ING ON MARCH 30, 1981, AT 7:00P.M. 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. * * * * * * Under the special meeting status, no further business could be discussed. * * * * * * MEETING. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE SPECIAL Mayor Otis adjourned the meeting without a vote at 9:00 p.m. • I • • ( c • SPECIAL MEETING: • • - COUNCIL CHAMBERS CITY OF ENGLE WOOD, COLORADO Ma r ch 9, 19 81 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on March 9, 1981, at 7 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Mr. Mac Bartee, Englewood Church of Christ, 4690 South Logan Street. The pledge of alle- giance was led by Boy Scout Troop #92. 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 Chief of Police Holmes Director of Public Works Waggoner Deputy City Clerk Watkins * * * * * * Council Member Bradshaw noted corrections to the minutes of the special meeting of February 5, 1981, pages 3 and 5. The names appearing 3rd and 4th from the bottom on page 3 should be spelled ''Whitaker". On page 5, third paragraph, the name should be spelled "Ausfahl". COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF FEBRUARY, 5, 1981, AS CORRECTED. Council Member Higday 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 • • • March 9, 1981 Page 2 Nays : None. • • - The Mayor declared the mot ion carried . * * * * * * COUNCIL ME MB ER BRADSHAW MOVED TO AP PROVE TH E MI NUTES OF THE SPECIAL MEETING OF FE BRU ARY 17 , 1 98 1 . Counci l Membe r Keena sec o nd ed t h e motion . Upon a call of t h e roll, t h e vo te resulted as f ol l ows: Ay es: Nays : Council Me mbers Hi g d ay, Nea l , Fitzpa trick, Keena, Bilo , Br a dshaw, Ot i s. None . The Mayor d ec l ar ed t h e mot i on c arried. * * * * * * COUNCIL MEMBER KE ENA MOV ED TO APPROVE A PROCLAMATION COMMENDING ENGLEWOOD POLICE OFF I CERS JAMES HINSON AND MICHAEL SWAN FOR THEIR COURAGEOUS AND PROFESSIONAL APPREHENSION OF ROB- BERY SUSPECTS AND RECOVERY OF FUNDS TAKEN FROM AN ENGLEWOOD BANK. 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 read a letter from Steve Seay, President of Community Bank from which the money was stolen, commending Police Officers Swan and Hinson for their bravery and the Englewood Police Department for their cooperation and understanding. Mayor Otis read the proclamation and presented it to Officer Swan. Officer Hinson was not present. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE A PROCLAMATION COMMENDING THE ENGLEWOOD POLICE DEPARTMENT FOR THEIR PROFESSIONALISM IN APPREHENDING FOUR ROBBERY SUSPECTS AND RECOVERING FUNDS TAKEN FROM AN ENGLEWOOD BANK. Council Member Fitzpatrick seconded the motion. Upon a call of the roll , the vote resulted as follows: • I • • • • • Ma-cch 9, 1.981 Page 3 counc<l Meob•'' U<sd•1• Neal, F<t<Pat<<c<, ~eena, ~ilO, ~-cadsha~. OtiS• !h• M>10' decla<ed th• mot<on ca<<<ed· M•1o' Oti< ,.,d the p<oclamation and p<eoented it to police Chief Robe<t Uolm•• •ho accepted it and •••'•''ed app<e- ciation on behalf of th• ?otic• Depa<tment· * * * * * * couNCIL .ocMOE• JEENA MQVED !0 AFPRDVE A poocLAHA!IoN co~NOING JELLS wAGGONER. DIREctOR OF ?U.LIC .aRKS, FOR UIS DEDICA!ION !0 DU!Y vtTR TRE CI!Y OF ENGLEWOOD AND UPON HIS .EING DIS!INGUISBED AS oNE OF !BE !Q? 10 ?U•LIC .aRKS LEADERS OF TRE yEAR. t98L BY TRE AMERICAN ?U.LIC .aRKS .ssoci"ION· council Membe< Uisd•1 oeconded th• motion• Upon a call of th• ,oll, the council Merob•'' Uisd•1 · Neal, Fit<pat<ic<, vote -cesulted as follo~s: ( ~eena. ~ilO, ~-cadsha~. OtiS• !h• Ma1o< decla<ed the motion ca<<ied· Ma1o' Oti< ,ead th• p<oclamation and p<eoented it to Kell< Wasson•' •ho attepted it and •••'••••• aPP'eciation fo< the -cecognition and nonot:• p,e-ocheduled vioito<,Matt •uechn•'• Chai<man of DeMola1 wee<, •a• not p<••ent to ,eceiv• • p<oclamation decla<inS th• •••< * * * * * * of Ma<ch 15-ll. l9Bl, a< DeMol•1 We•<· Ma 1 o< Ot i< otated the p<••entation •ould be made at the <•sula< cit1 council meetinS of Ma<ch 16· * * * * * * .,._,cheduted vi<itO<, J•''' y,ench. 4573 south Los•" St<••'· ••• p<eoent and ,eque•ted that a ,,a£fic lisht be ,e- <n•talted at the inte<<ection of stanfo<d and Losan St<eet•· M<· F<ench ,ubm<tted a petition containinS oisnatu<•• of 51 homeo•ne'' in £avo< of ,e-inotallinS th• ,,aff<c t<sht· M<· F<ench atated • 0 I • • ( • March 9, 1 98 1 Page 3 Ayes : Nays : • • • Council Members Higday, Neal, Fitzpatrick, Keena , Bilo, Bradshaw, Otis. No ne . Th e Mayor declared the motion carried. Mayor Otis read the proclamation and presented it to Police Chief Robert Holmes who accepted it and expressed appre- ciation on behalf of the Police Department. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION COMMENDING KELLS WAGGONER, DIRECTOR OF PUBLIC WORKS, FOR HIS DEDICATION TO DUTY WITH THE CITY OF ENGLEWOOD AND UPON HIS BEING DISTINGUISHED AS ONE OF THE TOP 10 PUBLIC WORKS LEADERS OF THE YEAR, 1981, BY THE AMERICAN PUBLIC WORKS ASSOCIATION. 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 mo tion carried. Mayor Otis read the proclamation and presented it to Kells Waggoner who accepted it and expressed appreciation for the recognition and honor. * * * * * * Pre-scheduled vi sitor,Matt Buechner, Chairman of DeMolay Week, was not present to receive a proclamation declaring the week of March 15-22 , 1981, as DeMo lay Week. Ma yo r Otis stat ed the presentation would be made at the regular Ci ty Council meeting of March 16. * * * * * * Pre-scheduled visitor, Jerry French, 4573 South Logan Street, was present and requested that a traffic light be re- insta lled at the intersection of Stanford and Logan Streets. Mr. French subm i tted a petition containing signatures of 51 homeowners in favor of re-installing the traffic light. Mr. French stated • I • • March 9, 198 1 Page 4 • • .. the reasons for this request were : 1) turning from Stanford onto Logan wa s hazardous because the view was blocked by parked cars and there was a rise in road elevation; 2 ) the majority of the people did n ot drive the speed limit and the traffic light would slow them down; and 3) Cherrelyn Elementary School was nearby and the traffic presented hazardous conditions for children walk- ing to school. Mr. French stated the children wer e c rossing the street at the Stanford/Logan intersection rather than walk- i ng to Tufts and crossing with the light th er e . In response to Council Member Higday's question, Director of Publ i c Work s Waggoner stated the traffic light was taken out of this intersection following the closing of Duncan School and as a resu lt of a school survey. Mayor Otis informed Mr . French that this matter would be turned over to the Traffic Engineer f or a report and recommendation to Council. * * * * * * Pre-scheduled visitor, Eddie Tanguma, member of the Planning and Zoning Commission, was present and requested addi- tional funding from Council to send a second commissioner to the Annual American Planning Association Conference in Boston on April 25 -29, 1981. Mr. Tanguma stated the conference has been expanded and participation in all the committees and work- shops was too difficult for one person to do. In response to Council's question, City Manager McCown estimated the cost to send another commissioner would be approxi- mately $1,000. Council noted that the letter from the Planning and Zoning Commission Chairperson stated the vote on this recom- mendation was 5 to 2 and asked Mr. Tanguma to explain the rea- son for the 2 nay votes. Mr. Tanguma stated he did not recall the reasons why. Council agreed to take the request under advisement and discuss it with the Planning and Zoning Commission at their next joint session. Council Member Higday asked Mr. Tanguma to provide the agenda for the conference. * * * * * * • I • • ( • • ( • • • • March 9, 1981 Page 5 Council Member Nea l prefaced his motion by stating there was a gentleman in the audience, David Clayton, who was concerned about agenda items 7 (e), an ordinance that would change the membership of the Election Commission, and 7(g), an ordinance concerning unmarked City vehicles. Mr. Neal stated he felt Mr. Clayton should address his concerns to the Council. COUNCIL MEMBER NEAL MOVED TO SUSPEND THE RULES OF THIS MEETING AND ALLOW MR . CLAYTON TO SPEAK. 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. David Clayton appeared before Council and spoke con- cerning the proposed ordinance that would change the membership of the Election Commission. Mr. Clayton stated the changes were basically good and asked if it contained safeguards whereby mem- bers would be from different districts. Council pointed out the proposed ordinance intended to provide that no more than two members would be from the same district. status. were: Mr. Clayton stated he agreed with the proposed changes. * * * * * * There were no other visitors due to special meeting * * * * * * "Couununications -No Action Recommended" on the agenda (a) (b) (c) Minutes of the Board of Adjustment and Appeals meeting of December 10, 1980. Minutes of the Englewood Housing Authority meetings of January 14, January 28, and February 4, 1981. Minutes of the Planning and Zoning Com- mission meeting of February 3, 1981 • • D I • • • March 9, 1981 Page 6 (d) (e) (f) (g) (h) • • - Minutes of the Liquor License Authority meeting of February 4, 1981. Minutes of the Public Library Board meet- ing of February 10, 1981. Minutes of the Downtown Development Au- thority meetings of February 11 and 25, 1981. Municipal Court Activity Report for the month of January, 1981. Memorandum from Lieutenant Bailey to Chief Holmes concerning his attendance at the Police Records And Communications Workshop in Savannah, Georgia, on February 16 -20, 1981. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS- NO ACTION RECOMMENDED" AGENDA ITEMS 5 (a) -5(h). 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. * * * * * * Assistant City Manager Wanush presented a Council Com- munication concerning the minutes of the Water and Sewer Board meeting of February 11, 1981, with a recommendation to approve Southgate Sanitation District Supplements 87 and 88. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE SOUTHGATE SANITATION DISTRICT SUPPLEMENTS 87 AND 88. 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. * * * * * * • I • • • Ma rch 9, 198 1 Page 7 • • .. Assistant City Manager Wanush presented the Council Communication concerning the minutes of the Water and Sewer Board meeting of February 11, 1981, recommending that attorney, David Hahn, be retained to standardize a sewer contract that could be used as contracts expire. Hr. Wanush noted the at- torney's fees would have to be negotiated; and the money was available as the costs for Mr. Hahn to review the sewer con- tracts was considerably less that what had been estimated. COUNCIL MEMBER FITZPATRICK MOVED TO HAVE THE ATTORNEY, DAVID HAHN, PRODUCE A SAMPLE CONTRACT FOR FUTURE SEWER CONTRACTS IN THE DISTRICTS. 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. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Commission meeting of February 12, 1981, with a recommendation concerning a recreation program fee increase only to citizens living outside of Englewood. Mr. McCown recommended that no action be taken on this matter until more information was available and discussed further ln a study session. COUNCIL MEMBER KEENA MOVED TO RECEIVE THE RECOMMENDA- TION. 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 instructed the City Manager to place the re- creation program fee recommendation on the study session for March 16th. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Commission meeting of February 12, 1981, regarding I • ~~~--~· ____________ _. ___________________ ·~~E-------------~~~~-L------~~~ , • • ~arch 9, 1981 Page 8 • • - a recommendation of Bates-Logan Park property along the City Ditch. Mr. McCown advised that more information was needed concerning property rights, etc. before the recommendation should be considered . COUNCIL MEMBER KEENA MOVED TO RECEIVE THE RECOMMENDA- TION BUT NOT TO PURCHASE THE LAND AT THIS POIN T . Council Memb e r Bilo seconded the mot ion . 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. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Commission meeting of February 12, 1981, regarding a recommendation to accept the ordinance establishing a special fund of the City to be known as the ''Malley Center Trust Fund". COUNCIL MEMBER KEENA MOVED TO RECEIVE THE RECOMMENDA- TION. 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. * * * * * * City Manager McCown presented a Council Communication from the City Clerk concerning a Massage Parlor Application for Soon Ye Scott, 2801 South Broadway. City Attorney DeWitt recommended tabling consideration of the application because the application was incomplete and there was a mistake on the license information form. Attorney for the applicant, Larry Harvey, appeared before Council and offered to correct the mistake at this time • • I • • ( • March 9, 1981 Page 9 • • .. Council Member Neal noted certain supplemental informa- tion was missing from the ap p lication . In response to Council Memb e r Nea l 's question, Mr. Harvey stated the applicant wo uld be the owner and operator and would have total authority over t he premises . He did not respond as to whether the applicant would be on the premises the entire time the business was open. COUNCIL MEMB ER HIGDAY MOVED TO TABLE THE MATTER UNTIL MARCH 16, 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 mot i on carried. Mayor Otis instructed Mr. Harvey to meet with Mr. DeWitt for the purpose of filling out the application correctly and com- pletely before the meeting on Mar ch 16th. * * * * * * City Manager McCown presented a Council Communication from the Department of Community Development concerning a re- vised agreement between the City of Englewood and the Englewood Housing Authority. Mr. McCown stated the revised agreement would allow grants to be part of the Housing Rehabilitation Program us- ing Community Development Block Grant Funds. Mr. McCown further recommended that Council act expeditiously on this matter. COUNCIL MEMBER FITZPATRICK MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE IMPLEMENTING THE REVISED AGREE- MENT AND THAT THE ORDINANCE CONTAIN AN EMERGENCY CLAUSE. Council Member Keena seconded the mot ion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bi l o, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • • March 9 , 1981 Page 10 ORDINANCE NO. 27 SERIES OF 1981 • • - BY AUTHOR ITY COUNCIL BIL L NO. 2 9 INTRODUCED BY COUN CIL MEMBER BRADSHAW AN ORDINANCE AMENDING SECTIONS 1 AND 3, CHAPTER 6 , TITLE I, OF THE '69 ENGLEWOOD MUNIC I PAL CODE RELATING TO THE OPERATION OF THE MUNICIPAL COURT SYST EM. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 29, 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. 28 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER BRADSHAW 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 BRADHSAW MOVED TO PASS COUNCIL BILL NO. 30, 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. It was noted that accounting procedures for this fund could be set out by resolution. * * * * * * • I • • ( • March 9, 19 8 1 Pag e ll ORDINANCE NO. 29 SERIES OF 1981 • • • BY AUTHORITY COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER FITZPATRICK 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 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 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. Council Member Fitzpatrick spoke about scrutinizing very closely any future applications based upon what has been written and transpired involving industrial revenue bonds. ORDINANCE NO. SERI ES OF 1 981 ---- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMB ER NEAL AN ORD I NANCE AMEND I NG TITLE XI , CHAPTER l, SECTION 2(b), AUTHORIZ- ING THE POLICE CHIE F TO ISSUE CONCEALED WEAPON PERMITS TO OTHER CITY PERSONN EL. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 28 ~ SERI ES OF 1981 , ON FIRST READING. Coun c il Member Fitzpatrick seconded t he mo tion. • I • • • March 9, 1981 Page 12 • • - COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MOTION BY DELETING ''WITH PRIOR APPRO VAL OF CITY COUNCIL" IN SECTION 1, 11-1-2 (b) AND ADDING AT THE END OF THE SECTION, AS PART OF THE LAST SENTENCE, "WITH NOTI CE TO CITY COUNCIL". 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, Silo, 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, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AMENDING TITLE IX , CHAPTER 1, SUBSECTION 1, OF THE '69 ENGLEWOOD MUNICIPAL CODE, TITLED "ELECTION COMMISSION", TO INCLUDE TWO ADDITIONAL MEMBERS AND PROVIDING THAT NO MORE THAN TWO MEMBERS SHALL BE FROM ANY ONE COUNCIL DISTRICT. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 32, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Silo, Bradshaw, Otis • • 0 I • • • c • March 9, 19 81 Page 13 Nays : Non e . • • - The Mayor decla r e d t h e mo t ion c arr i ed. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD •, COLORADO, AND URBAN DRAINAGE AND FLOOD CONTROL DISTRICT WHEREBY THE ECONOMIC FEASIBILITY ANALYSIS OF DESIGN ALTERNATIVES, LITTLE DRY CREEK, SHALL BE STUDIED BY SELLARDS AND GRIGG , INC. ENGINEERS '• COST TO BE SHARED BY CITY AND DISTRICT. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 33, () SERIES OF 1981, ON FIRST 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. SERI ES OF 1 981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE ADDING SECTION 9 TO CHAPTER 2 , TITLE XIV, OF THE '69 ENGLEWOOD MUNICIPAL CODE, LIMITING THE USE OF UNMARKED CITY VEHICLES FOR TRAFFIC CONTROL. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 35, SERIES OF 1981, ON FIRST READING. Council Member Bradshaw sec- onded the motion. • I • • 0 • • • March 9, 19 81 Page 14 • • - COUNCIL MEMBER FITZPATRICK MOV ED TO AMEND THE MOTION BY DELETING THE WORDING IN SECTION l, 14-2-9, AND ADD THE FOLLOW- ING : "IT IS THE POLICY OF THE CITY OF ENGLEWOOD THAT THE POLICE VEHICLES USED FOR REGULAR ROUTINE TRAFFIC PATROL WILL BE MARKED PROMINENTLY AS ENGLEWOOD POLICE VEHICLES. FAILURE TO COMPLY WITH THIS POLICY WILL BE NO DEFENSE TO ANY VIOLATION OF LAW". 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. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER NEAL MOVED TO PLACE COUNCIL BILL NO. 32 AND COUNCIL BILL NO. 35 ON THE AGENDA FOR THE SPECIAL MEETING ON MARCH 30, 1981. 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. RESOLUTION NO. 11 SERIES OF 1981 * * * * * * A RESOLUTION APPOINTING THOMAS V. HOLLAND ASSISTANT CITY ATTORNEY AND FIXING HIS SALARY FOR THE BALANCE OF THE YEAR 1981. I • • c • March 9 , 1981 Page 15 • • - COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 11, 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, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt discussed the case of the City of Englewood vs. Pezoldt. Mr. DeWitt stated a resolution on this matter would be forthcoming. * * * * * * City Manager McCown presented a Council Communication from the Department of Finance concerning the Malley Center Con-tribution. COUNCIL MEMBER KEENA MOVED TO APPROVE THE CONTRIBU- TION. 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 car ried. RESOLUTION NO. 12 SERIES OF 1981 A RESOLUTION AMENDING THE GENERAL FUND. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 12 •, SERIES OF 1981. Council Member Fitzpatrick 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. * * * * * * • I • • • March 9, 19 8 1 Pag e 16 • • • City Manager McCown presented a Council Communicat i on from the Department of Community Development requesting a Special Council meeting for purpose of holding a publ i c hearing on the Community Development Block Grant. COUNCIL MEMBER FITZPATRICK MOVED TO SET A PUBLIC HEAR- ING ON MARCH 30, 1981, AT 7:00 P.M. 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. * * * * * * Under the special meeting status, no further business could be discussed. * * * * * * MEETING. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE SPECIAL Mayor Otis adjourned the meeting without a vote at 9:00 p.m. • I . • SPECIAL MEETING: • • - COUNCIL CHAMBERS CITY OF ENG LEWOOD, COLO RADO Mar ch 9, 1981 The City Council of the City of Eng lewood, Arapahoe County, Colorado, met i n s p ecial se ssion on March 9, 1981, at 7 :30 p.m. Mayor Otis, presiding , called the meeting to order. The invocat ion was given by Mr. Mac Bartee, Englewood Ch urch of Christ, 4690 South Logan Street. The pledge of alle- giance was led by Boy Scout Troop #92. 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 Chief of Police Holmes Director of Public Works Waggoner Deputy City Clerk Watkins * * * * * * Council Member Bradshaw noted corrections to the minutes of the special meeting of February 5, 1981, pages 3 and 5. The names appearing 3rd and 4th from the bottom on page 3 should be spelled "Whitaker". On page 5, third paragraph, the name should be spelled "Ausfahl". COU NC IL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF FEBRUARY, 5 , 1981, AS CORRECTED. Council Member Hi gday s econded the mot ion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • 0 I • • • March 9, 19 8 1 Page 2 Nay s: None. • • The Mayor declar d the motion carried . * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECI AL MEETING OF FEBRUARY 17, 1981 . Council Member Ke e n a seconded the mo tion . Upon a call of the roll, the vote resulted as follows: Ayes : Na y s : Council Members Higday, Ne al , Fitz patrick, Keena, Bilo, Br adshaw, Otis . None . Th e Ma y or decl ar ed the mo tion c arried. * * * * * * COUNC IL MEMB ER KE ENA MOVED TO APPROVE A PROCLAMATION COMMENDING ENGLEWOOD POLICE OFFIC ERS JAMES HINSON AND MICHAEL SWAN FOR THEIR COURAGEOUS AND PROFESSIONAL APPREHENSION OF ROB- BERY SUSPECTS AND RECOVERY OF FUNDS TAKEN FROM AN ENGLEWOOD BANK. Council Member Fit z patrick seconded the mot i on. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Counc i l Members Higday, Neal, Fitzpatrick, Keena, Bilo , Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis read a letter from Steve Seay, President of Community Bank from which the money was stolen, commending Police Officers Swan and Hinson for their bravery and the Englewood Police Department for their cooperation and understanding. Mayor Otis read the proclamation and presented i t to Officer Swan. Offi cer Hinson was not present. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE A PROCLAMATION COMMENDING THE ENGLEWOOD POLICE DEPARTMENT FOR THEIR PROFESSIONALISM IN APPREHENDING FOUR ROBBERY SUSPECTS AND RECOVERING FUNDS TAKEN FROM AN ENGLEWOOD BANK . Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • ( • March 9, 1981 Page 3 Ayes : Nays : • • - Council Memb ers Higday , Neal , Fitzpatrick, Keen a, Bilo , Bradshaw, Otis. Non e . The Mayor declared the mot i on carr i ed. Mayor Otis read the proclamation and presented it to Police Ch i ef Robert Holmes who accepted it and expressed appre- ciation on behalf of the Police Department. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION COMMENDING KELLS WAGGONER, DIRECTOR OF PUBLIC WORKS, FOR HIS DEDICATION TO DUTY WITH THE CITY OF ENGLEWOOD AND UPON HIS BEING DISTINGUISHED AS ONE OF THE TOP 10 PUBLIC WORKS LEADERS OF THE YEAR, 1981, BY THE AMERICAN PUBLIC WORKS ASSOCIATION. 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. Mayor Otis read the proclamation and presented it to Kells Waggoner who accepted it and expressed appreciation for the recognition and honor. * * * * * * Pre-scheduled visitor,Matt Buechner, Chairman of DeMolay Week, was not present to receive a proclamation declaring the week of March 15-22 , 1981, as DeMolay Week. Mayor Otis stat e d the presentation would be made at the regu lar City Council meeting of March 16. * * * * * * Pre-scheduled visitor, Jerry French, 4573 South Logan Street, was present and requested that a traffic light be re- installed at the intersection of Stanford and Logan Streets. Mr. French submitted a petition containing signatures of 51 homeowners in favor of re-installing the traffic light. Mr. French stated I • • D • March 9, 1981 Page 4 • • .. the reasons f o r this requ st were : 1) tu rning from Stanford onto Logan was hazardous because the view was blocked by parked cars and there was a rise in road elevation ; 2) the majority of the people did not drive the speed l imi t and the traffic light would slow them down; and 3) Cherrelyn Elementary School was nearby and the traffic presented hazardous conditions for children walk- ing to school . Mr. French stated the child r en were crossing the street at the Stanford/Logan intersection rather than walk- i ng to Tufts and crossing with the light there . In response to Council Member Higday's question, Director of Public Works Waggone r sta ted the traffi c light was taken ou t of this inter sect ion following t h e closing of Duncan School and as a result of a schoo l survey. Mayor Otis informed Mr. French that this matter would be turned over to the Traffic Engineer for a report and recommendation to Council. * * * * * * Pre-scheduled visitor, Eddie Tanguma, member of the Planning and Zoning Commission, was present and requested addi- tional funding from Council to send a second commissioner to the Annual American Planning Association Conference in Boston on April 25 -29, 1981. Mr. Tanguma stated the conference has been expanded and participation in all the committees and work- shops was too difficult for one person to do. In response to Council's question, City Manager McCown estimated the cost to send another commissioner would be approxi- mately $1,000. Council noted that the letter from the Planning and Zoning Commission Chairperson stated the vote on this recom- mendation was 5 to 2 and asked Mr. Tanguma to explain the rea- son for the 2 nay votes. Mr. Tanguma stated he did not recall the reasons why. Council agreed to take the request under advisement and discuss it with the Planning and Zoning Commission at their next joint session. Council Member Higday asked Mr. Tanguma to provide the agenda for the conference. * * * * * * • I • • • • March 9 , 198 1 Page 5 • • • Council Membe r Neal prefaced his motion by stating there was a gentleman in the audience, David Clayton, who was concerned about agenda items 7(e), an ordinance that would change the membership of the Election Commission, and 7(g), an ordinance concerning unmarked City vehicles. Mr. Neal stated he felt Mr. Clayton should address his concerns to the Council. COUNCIL MEMBER NEAL MOVED TO SUSPEND THE RULES OF THIS MEETING AND ALLOW MR. CLAYTON TO SPEAK. 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. David Clayton appeared before Council and spoke con- cerning the proposed ordinance that would change the membership of the Election Commission. Mr. Clayton stated the changes were basically good and asked if it contained safeguards whereby me~ bers would be from different districts. Council pointed out the proposed ordinance intended to provide that no more than two members would be from the same district. status. were: Mr. Clayton stated he agreed with the proposed changes. * * * * * * There were no other visitors due to special meeting * * * * * * "Communications -No Action Recommended" on the agenda (a) (b) (c) Minutes of the Board of Adjustment and Appeals meeting of December 10, 1980. Minutes of the Englewood Housing Authority meetings of January 14, January 28, and February 4, 1981. Minutes of the Planning and Zoning Co~ mission meeting of February 3, 1981 • • 0 I • • • • March 9, 1981 Page 6 (d) (e) (f) (g) (h) • • - Minutes of the Liquor License Authority meeting of February 4, 1981. Minutes of the Public Library Board meet- ing of February 10, 1981. Minutes of the Downtown Development Au- thority meetings of February 11 and 25, 1981. Municipal Court Activity Report for the month of January, 1981. Memorandum from Lieutenant Bailey to Chief Holmes concerning his attendance at the Police Records And Communications Workshop i n Savannah, Georgia, on February 16 -20, 1981. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS- NO ACTION RECOMMENDED" AGENDA ITEMS S(a) -S(h). 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. * * * * * * Assistant City Manager Wanush presented a Council Com- munication concerning the minutes of the Water and Sewer Board meeting of February 11, 1981, wi th a recommendation to approve Southgate Sanitat ion District Supplements 87 and 88. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE SOUTHGATE SANITATION DISTRICT SUPPLEMENTS 87 AND 88. 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. Nays : None. The Mayor declared the motion carried. * * * * * * • I • • "')C ( • • March 9, 19 8 1 Page 7 • • • Assistant City Manag e r Wanush presented the Council Communication concerning the mi nut e s of the Water and Sewer Board me e ting of February 11, 198 1 , recommending that attorney, David Hahn, be retained to stan dard i ze a sewer contract that could be used as contracts expire. Mr. Wanush noted the at- torney's fees would have to be negotiated; and the money was available as the costs for Mr. Hahn to review the sewer con- tracts was considerably less that what had been estimated. COUNCIL MEMBER FITZPATRICK MOVED TO HAVE THE ATTORNEY, DAVID HAHN, PRODUCE A SAMPLE CONTRACT FOR FUTURE SEWER CONTRACTS IN THE DISTRICTS. 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 mot i on carried. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Commission meeting o f February 12, 1981, with a recommendation concerning a recreation program fee increase only to citiz e ns living outside of Englewood. Mr. McCown recommended that no action be taken on this matter until more information was available and discussed further in a study session. COUNCI L MEMBER KEENA MOVED TO RECEIVE THE RECOMMENDA- TION. Council Member Bilo 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. Th e Ma y or dec l ared th e motion carried. Council instructed the City Manager to place the re- creation program fee recommendation on the study session for March 16th. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Commission meeting of February 12, 1981, regarding • I • J • March 9, 1981 Page 8 • • - a recommendation of Bates-Logan Park property along the City Ditch. Mr . Mc Cown advised that more information was needed concerni ng property righ ts, e tc . b efor e t h e r ecommen d ation s ho u ld be cons i der ed . COUNCI L MEMBER KEE NA MOVED TO RECEIVE THE REC OMMENDA- TI ON BUT NOT TO PURCHASE THE LAND AT THIS PO I NT. Co u n ci l Memb e r Bi l o seconded the mot i on. Upon a call o f th e ro ll, t he vote re- su lted as f ollows : Ayes : Nays : Counc i l Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw , Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Commission meeting of February 12, 1981, regarding a recommendation to accept the ordinance establishing a special fund of the City to be known as the "Malley Center Trust Fund". COUNCIL MEMBER KEENA MOVED TO RECEIVE THE RECOMMENDA- TION. 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. * * * * * * City Manager McCown presented a Council Communication from the City Clerk concerning a Massage Parlor Application for Soon Ye Scott, 2801 South Broadway. City Attorney DeWitt recommended tabling consideration of the application because the application was incomplete and there was a mistake on the license information form. Attorney for the applicant, Larry Harvey, appeared before Council and offered to correct the mistake at this time • • I • • • Ma r ch 9, 19 8 1 Page 9 • • • Co uncil Member Neal noted certa i n supplemental informa- tion was mi ssing from the application. In response to Council Member Neal's question, Mr. Harvey stated the applicant wou l d be the owner and operator and would have total authority over the premises. He did not respond as to whether the applicant would be on the premises the entire time the business was open. COUNCIL MEMBER HIGDAY MOVED TO TABLE THE MATTER UNTIL MARCH 16, 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. Mayor Otis instructed Mr. Harvey to meet with Mr. DeWitt for the purpose of filling out the application correctly and com- pletely before the meeting on March 16th. * * * * * * City Manager McCown presented a Council Communication from the Department of Community Development concerning a re- vised agreement between the City of Englewood and the Englewood Housing Authority. Mr. McCown stated the revised agreement would allow grants to be part of the Housing Rehabilitation Program us- ing Community Development Block Grant Funds. Mr. McCown further recommended that Council act expeditiously on this matter. COUNCIL MEMBER FITZPATRICK MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE IMPLEMENTING THE REVISED AGREE- MENT AND THAT THE ORDINANCE CONTAIN AN EMERGENCY CLAUSE. 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. * * * * * * • 0 I • • • March 9, 1981 Page 10 ORDINANCE NO. 2 7 SER IE S OF 198 1 • • • BY AUTH OR ITY COUN CIL BI LL NO. 29 I NTRODUC ED BY COUN CIL MEMB ER BRADSHAW AN ORDINANCE AMENDING SECTIONS 1 AND 3, CHAPTER 6, TITLE I , OF THE '69 ENGLEWOOD MUNI CIPA L CODE REL ATING TO TH E OPERATION OF THE MUNICIPAL COURT SYST EM. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 29, SERIES OF 1981, ON FINAL READING. Council Member Fitzpatrick seconded the mo tion. Upon a c a l l of the r o ll, the vote resulted as follows : Ayes : Nays : Counc i l Memb e rs Higday , Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 28 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER BRADSHAW 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. COUNCIL MEMBER BRADHSAW MOVED TO PASS COUNCIL BILL NO. 30, 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 mot i on carried. It was noted that accounting procedures for this fund could be set out by resolution. * * * * * * • I • • • Mar c h 9, 198 1 Page 11 ORDINANCE NO. 29 SERIES OF 1981 BY AUTHORITY • • • COUNCIL BILL NO. 31 INTROD UC ED BY COUN CIL MEMBER FI TZPATR ICK AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $3 20,000 CITY OF ENGLEWOOD, COLORADO, INDUSTRIAL DEVELOPMENT REVEN UE NOTE (TH E HEMLOCK COMPANY PROJECT), TO FINANCE THE DEV ELOPMENT OF A WARE- HOUSE AND OFFICE FACILITY; AUTHORIZING THE EXE CUTI ON AN D DELIVE RY BY THE CITY OF A LOAN AGREEMENT ; MAKING DET ERMINATION S AS TO TH E SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RE LAT ED TO SAID COMMERCIAL FACILITY; AND AUTHORIZING TH E EXECUTIO N OF CERTAI N DOCUMENTS RELATING THERETO. COUNCIL MEMBER FITZPATRICK MOV ED TO PASS CO UN CIL BILL NO. 31, SERIES OF 1981, ON FINAL READING. Coun cil M mb r Ke n a seconded the motion. Upon a call of the rol l , th vo t r su lt d as follows: Ayes: Nays: Council Members Higday, Nea l, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Fitzpatrick spoke about scrutinizing very closely any future applications based upon what has been written and transpired involving industrial revenue bonds. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER NEAL 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 MOVED TO PASS COUNCIL BILL NO. 28 ', SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion • • 0 I • • { • March 9, 1981 Page 12 • • - COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MOTION BY DELETING "WITH PRIO R APPROVAL OF CITY COUNCIL" IN SECTION 1 , 11-1-2 (b) AND ADDING AT THE END OF THE SECTION, AS PART OF THE LAST SENTENCE, "WITH NOTICE TO CITY COUNCIL". Cou n cil Member Keena seconded the motion. Upon a call of the roll, the vo t e resulted as follows: Ayes : Nay s: Co uncil Members Higday, Nea l, Fit zpatrick, Keena, Bilo, Bradshaw, Otis . No ne . Th e Ma yor d e c lared the mo t i on ca rr ied . Upon a call of the roll, the vo te on t he o r i gina l mo- t i on re su l ted as fol low s: Ayes : Nays : Counc i l Memb e rs Hi gday, Neal , Fitzpatrick', Keen a, Bilo, Br adshaw , Ot i s. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AMENDING TITLE IX, CHAPTER 1, SUBSECTION 1, OF THE '69 ENGLEWOOD MUNICIPAL CODE, TITLED "ELECTION COMMISSION", TO INCLUDE TWO ADDITIONAL MEMBERS AND PROVIDING THAT NO MORE THAN TWO MEMBERS SHALL BE FROM ANY ONE COUNCIL DISTRICT. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 32, SERIES OF 1981, ON FIRST READING. 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 • • • • March 9, 1981 Page 13 Nays : None. • • • The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD ', COLORADO, AND URBAN DRAINAGE AND FLOOD CONTROL DISTRICT WHEREBY THE ECONOMIC FEASIBILITY ANALYSIS OF DESIGN ALTERNATIVES, LITTLE DRY CREEK, SHALL BE STUDIED BY SELLARDS AND GRIGG, INC. ENGINEERS ', COST TO BE SHARED BY CITY AND DISTRICT. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 33, () SERIES OF 1981, ON FIRST 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. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE ADDING SECTION 9 TO CHAPTER 2, TITLE XIV, OF THE '69 ENGLEWOOD MUNICIPAL CODE, LIMITING THE USE OF UNMARKED CITY VEHICLES FOR TRAFFIC CONTROL. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 35, SERIES OF 1981, ON FIRST READING. Council Member Bradshaw sec-onded the motion • • I . • • Ma rch 9 , 198 1 Page 14 • • - COUNCIL MEMBER FITZPATR IC K MOVED TO AMEND THE MOTION BY DELETING THE WORDING IN SECTION 1, 14-2-9, AND ADD THE FOLLOW- ING : "IT IS THE POLICY OF THE CITY OF ENGLEWOOD THAT THE POLICE VEHICLES USED FOR REGULAR ROUTINE TRAFFIC PATROL WILL BE MARKED PROMINENTLY AS ENGLEWOOD POLICE VEHICLES. FAILURE TO COMPLY WITH THIS POLICY WILL BE NO DEFENSE TO ANY VIOLATION OF LAW". Council Member Keena seconded the mot i on. 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. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes : Nays : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER NEAL MOVED TO PLACE COUNCIL BILL NO. 32 AND COUNCIL BILL NO. 35 ON THE AGENDA FOR THE SPECIAL MEETING ON MARCH 30, 1981. 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. RESOLUTION NO. 11 SERIES OF 1981 * * * * * * A RESOLUTION APPOINTING THOMAS V. HOLLAND ASSISTANT CITY ATTORNEY AND FIXING HIS SALARY FOR THE BALANCE OF THE YEAR 1981. • I • • .. • March 9 , 198 1 Page 15 • • • COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 11, 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, Fitzpatrick, Keena, Bilo, Bradshaw. Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt discussed the case of the City of Englewood vs. Pezoldt. Mr. DeWitt stated a resolution on this matter would be forthcoming. * * * * * * City Manager McCown presented a Council Communication from the Department of Finance concerning the Malley Center Con-tribution. COUNCIL MEMBER KEENA MOVED TO APPROVE THE CONTRIBU- TION. 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. 12 SERIES OF 1981 A RESOLUTION AMENDING THE GENERAL FUND. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 12 1, SERIES OF 1981. 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. Nays: None. The Mayor declared the motion carried. * * * * * * • I • • • March 9, 1981 Page 16 • • • City Manager McCown presented a Council Communication from the Department of Community Development requesting a Special Council meeting for purpose of holding a public hearing on the Community Development Block Grant. COUNCIL MEMBER FITZPATRICK MOVED TO SET A PUBLIC HEAR- ING ON MARCH 30, 1981, AT 7:00 P.M. 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. * * * * * * Under the special meeting status, no further business could be discussed. * * * * * * MEETING. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE SPECIAL Mayor Otis adjourned the meeting without a vote at 9:00 p.m. ~ru~ qkv~ puTy City Cerk • 0 I • • • SPECIAL MEETING: • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COL ORADO March 9, 19 8 1 I~ The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on March 9, 1981, at 7 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Mr. Mac Bartee, Englewood Church of Christ, 4690 South Logan Street. The pledge of alle-giance was led by Boy Scout Troop #92. 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 Chief of Police Holmes Director of Public Works Waggoner Deputy City Clerk Watkins * * * * * * Council Member Bradshaw noted corrections to the minutes of the special meeting of February 5, 1981, pages 3 and 5. The names appearing 3rd and 4th from the bottom on page 3 should be spelled "Whitaker". On page 5, third paragraph, the name should be spelled "Ausfahl". COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF FEBRUARY, 5, 1981, AS CORRECTED. Council Member Higday seconded the mot ion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • • Mar ch 9, 1981 Page 2 Nays : None . • .. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF FEBRUARY 17, 1981. Council Member Keena seconded the mot ion . Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Co uncil Members Higday, Neal, Fitzpatrick, Ke ena, Bilo, Bradshaw , Otis . Non e . The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION COMMENDING ENGLEWOOD POLICE OFFICERS JAMES HINSON AND MICHAEL SWAN FOR THEIR COURAGEOUS AND PROFESSIONAL APPREHENSION OF ROB- BERY SUSPECTS AND RECOVERY OF FUNDS TAKEN FROM AN ENGLEWOOD BANK. 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 read a letter from Steve Seay, President of Community Bank from which the money was stolen, commending Police Officers Swan and Hinson for their bravery and the Englewood Police Department for their cooperation and understanding. Mayor Otis read the proclamation and presented it to Officer Swan. Officer Hinson was not present. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE A PROCLAMATION COMMENDING THE ENGLEWOOD POLICE DEPARTMENT FOR THEIR PROFESSIONALISM IN APPREHENDING FOUR ROBBERY SUSPECTS AND RECOVERING FUNDS TAKEN FROM AN ENGLEWOOD BANK. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • ( • • c • March 9, 1981 Page 3 Ayes : Nays : • • • Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradsha w, Otis. None. The Mayor declared the motion carried. Mayor Otis read the proclamation and presented it to Police Chief Robert Holmes who accepted it and expressed appre- ciation on behal f of the Police Department. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION COMMENDING KELLS WAGGONER, DIRECTOR OF PUBLIC WORKS, FOR HIS DEDICATION TO DUTY WITH THE CITY OF ENGLEWOOD AND UPON HIS BEING DISTINGUISHED AS ONE OF THE TOP 10 PUBLIC WORKS LEADERS OF THE YEAR, 1981, BY THE AMERICAN PUBLIC WORKS ASSOCIATION. 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 Mayo r declared the motion carried. Mayor Otis read the proclamation and presented it to Kells Waggoner who accepted it and expressed appreciation for the recognition and honor. * * * * * * Pre-scheduled visitor,Matt Buechner, Chairman of DeMolay Week, was not present to receive a proclamation declaring the week of March 15-22, 1981, as DeMo lay Week . Ma yor Otis stated the presentation would be made at the regu lar City Council meeting of March 16. * * * * * * Pre-scheduled visitor, Jerry French, 4573 South Logan Street , was present and requested that a traffic light be re- installed at t he intersection of Stanford and Logan Streets. Mr. French submitted a petition containing signatures of 51 homeowners in favor of re-installing th e traffic light. Mr. French stated • I • • • March 9, 1981 Page 4 • • .. the reasons for this request were : 1) turning from Stanford onto Logan was hazar dous because the view was blocked by parked cars and there was a rise in road elevation; 2) the majority of the people did not drive the speed limit and the traffic light would slow them down; and 3) Cherrelyn Elementary School was nearby and the traffic presented hazardous conditions for children walk- ing to school. Mr. French stated the children were crossing the street at the Stanford/Logan intersection rather than walk- ing to Tufts and crossing with the light there. In response to Council Member Higday's question, Director of Public Works Waggoner stated the traffic light was taken out of this intersection following the closing of Duncan School and as a result of a school survey. Mayor Otis informed Mr. French that this matter would be turned over to the Traffic Engineer for a report and recommendation to Council. * * * * * * Pre-scheduled visitor, Eddie Tanguma, member of the Planning and Zoning Commission, was present and requested addi- tional funding from Council to send a second commissioner to the Annual American Planning Association Conference in Boston on April 25 -29, 1981. Mr. Tanguma stated the conference has been expanded and participation in all the committees and work- shops was too difficult for one person to do. In response to Council's question, City Manager McCown estimated the cost to send another commissioner would be approxi- mately $1,000. Council noted that the letter from the Planning and Zoning Commission Chairperson stated the vote on this recom- mendation was 5 to 2 and asked Mr. Tanguma to explain the rea- son for the 2 nay votes. Mr. Tanguma stated he did not recall the reasons why. Council agreed to take the request under advisement and discuss it with the Planning and Zoning Commission at their next joint session. Council Member Higday asked Mr. Tanguma to provide the agenda for the conference. * * * * * * • I • • • • • • March 9, 1981 Page 5 Council Member Neal pre faced his motion by stating there was a gentleman in the audience, David Clayton, who was concerned about agenda items 7(e), an ordinance that would change the membership of the Election Commission, and 7(g), an ordinance concerning unmarked City vehicles. Mr. Neal stated he felt Mr. Clayton should address his concerns to the Council. COUNCIL MEMBER NEAL K>VED TO SUSPEND THE RULES OF THIS MEETING AND ALLOW MR. CLAYTON TO SPEAK. 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. David Clayton appeared before Council and spoke con- cerning the proposed ordinance that would change the membership of the Election Commission. Mr. Clayton stated the changes were basically good and asked if it contained safeguards whereby mem- bers would be from different districts. Council pointed out the proposed ordinance intended to provide that no more than two members would be from the same district. status. were : Mr. Clayton stated he agreed with the proposed changes. * * * * * * There were no other visitors due to special meeting * * * * * * "Cormnunications -No Action Recommended" on the agenda (a) (b) (c) Minutes of the Board of Adjustment and Appeals meeting of December 10, 1980. Minutes of the Englewood Housing Authority meetings of January 14, January 28, and February 4, 1981. Minutes of the Planning and Zoning Com- mission meeting of February 3, 1981 • • 0 I • • n • March 9, 1981 Page 6 (d) (e) (f) (g) (h) • • • Minutes of the Liquor License Authority meeting of February 4, 1981. Minutes of the Public Library Board meet- ing of February 10, 1981. Minutes of the Downtown Development Au- thority meetings of February ll and 25, 1981. Municipal Court Activity Report for the month of January, 1981. Memorandum from Lieutenant Bailey to Chief Holmes concerning his attendance at the Police Records And Communications Workshop in Savannah, Georgia, on February 16 -20, 1981. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS- NO ACTION RECOMMENDED" AGENDA ITEMS S(a) -S(h). 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. * * * * * * Assistant City Manager Wanush presented a Council Com- munication concerning the minutes of the Water and Sewer Board meeting of February 11, 1981, with a recommendation to approve Southgate Sanitation District Supplements 87 and 88. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE SOUTHGATE SANITATION DISTRICT SUPPLEMENTS 87 AND 88. 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. * * * * * * • I • • • • ( • March 9, 1981 Page 7 • • Assistant City Manager Wanush presented the Council Communication concerning the minutes of the Water and Sewer Board meeting of February 11, 1981, recommending that attorney, David Hahn, be retained to standardize a sewer contract that could be used as contracts expire. Hr. Wanush noted the at- torney's fees would have to be negotiated; and the money was available as the costs for Hr. Hahn to review the sewer con- tracts was considerably less that what had been estimated. COUNCIL MEMBER FITZPATRICK MOVED TO HAVE THE ATTORNEY, DAVID HAHN, PRODUCE A SAMPLE CONTRACT FOR FUTURE SEWER CONTRACTS IN THE DISTRICTS. 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. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Commission meeting of February 12, 1981, with a recommendation concerning a recreation program fee increase only to citizens living outside of Englewood. Mr. McCown recommended that no action be taken on this matter until more information was available and discussed further in a study session. COUNCIL MEMBER KEENA MOVED TO RECEIVE THE RECOMMENDA- TION. 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, Bile, Bradshaw, Otis, None, The Mayor declared the motion carried. Council instructed the City Manager to place the re- creation program fee recommendation on the study session for March 16th . * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Commission meeting of February 12, 1981, regarding • 0 I • • • March 9, 1981 Pa ge 8 • • • a r e commend ation of Bates-Logan Park property along the City Ditch. Mr. McCown advised th at more i n for mation wa s n eeded concerning property r i ght s, etc . be f ore t h e rec omm e nda tion should be considered. COUNCIL MEMB ER KEENA MOVED TO REC EI VE THE RECOMMENDA- TION BUT NOT TO PURCHASE TH E LAND AT THIS POINT. Counc i l Memb e r Bilo seconded the mot i on. Upon a c all of the roll , the v ote re- sulted as follows : Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the mot i on carried. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Commission meeting of February 12, 1981, regarding a recommendation to accept the ordinance establishing a special fund of the City to be known as the "Malley Center Trust Fund". COUNCIL MEMBER KEENA MOVED TO RECEIVE THE RECOMMENDA- TION. 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. * * * * * * City Manager McCown presented a Council Communication from the City Clerk concerning a Massage Parlor Application for Soon Ye Scott, 2801 South Broadway. City Attorney DeWitt recommended tabling consideration of the application because the application was incomplete and there was a mistake on the license information form. Attorney for the applicant, Larry Harvey, appeared before Council and offered to correct the mistake at this time • • 0 I • • • March 9, 1981 Page 9 • • - Council Member Neal noted certain supplemental informa- tion was missing from the application. In response to Council Member Neal's question, Mr. Harvey stated the applicant would be the owner and operator and would have total authority over the premises. He did not respond as to whether the applicant would be on the premises the entire time the business was open. COUNCIL MEMBER HIGDAY MOVED TO TABLE THE MATTER UNTIL MARCH 16, 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. Mayor Otis instructed Mr. Harvey to meet with Mr. DeWitt for the purpose of filling out the application correctly and co~ pletely before the meeting on March 16th. * * * * * * City Manager McCown presented a Council Communication from the Department of Community Development concerning a re- vised agreement between the City of Englewood and the Englewood Housing Authority. Mr. McCown stated the revised agreement would allow grants to be part of the Housing Rehabilitation Program us- ing Community Development Block Grant Funds. Mr. McCown further recommended that Council act expeditiously on this matter. COUNCIL MEMBER FITZPATRICK MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE IMPLEMENTING THE REVISED AGREE- MENT AND THAT THE ORDINANCE CONTAIN AN EMERGENCY CLAUSE. 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. * * * * * * • I • • • Mar ch 9, 19 81 Page 10 ORDINANCE NO. 2 7 SERIES OF 1981 BY AUTHORITY • • - COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMB ER BRADSHAW 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. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 29, SERIES OF 1981, ON FINAL READING. Council Member Fitzpatrick seconded the mot i on. 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. 28 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER BRADSHAW 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. COUNCIL MEMBER BRADHSAW MOVED TO PASS COUNCIL BILL NO. 30, 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. It was noted that accounting procedures for this fund could be set out by resolution. * * * * * * • D I • • ( • March 9, 1981 Page 11 ORDINANCE NO. 2 9 SERIES OF 1981 • • - BY AUTHOR I TY COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER FITZPATRICK 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 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 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. Council Member Fitzpatrick spoke about scrutinizing very closely any future applications based upon what has been written and transpired involving industrial revenue bonds. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER NEAL 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 MOVED TO PASS COUNCIL BILL NO. 28 r, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion. • I • • • March 9, 198 1 Page 12 • • - COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MOTION BY DELETING ''WITH PRIOR APPROVAL OF CITY COUNCIL" IN SECTION 1, 11-1-2 (b) AND ADDING AT THE END OF THE SECTION, AS PART OF THE LAST SENTENCE, "WITH NOTICE TO CITY COUNCIL". 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. 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. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AMENDING TITLE IX, CHAPTER 1, SUBSECTION 1, OF THE '69 ENGLEWOOD MUNICIPAL CODE, TITLED "ELECTION COMMISSION", TO INCLUDE TWO ADDITIONAL MEMBERS AND PROVIDING THAT NO MORE THAN TWO MEMBERS SHALL BE FROM ANY ONE COUNCIL DISTRICT. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 32, SERIES OF 1981, ON FIRST READING. 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 • • 0 I • • • • Marc h 9, 198 1 Page 13 Nays: None. • • - The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD~ COLORADO, AND URBAN DRAINAGE AND FLOOD CONTROL DISTRICT WHEREBY THE ECONOMIC FEASIBILITY ANALYSIS OF DESIGN ALTERNATIVES, LITTLE DRY CREEK, SHALL BE STUDIED BY SELLARDS AND GRIGG, INC. ENGINEERS~ COST TO BE SHARED BY CITY AND DISTRICT. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 33, SERIES OF 1981, ON FIRST 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. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE ADDING SECTION 9 TO CHAPTER 2, TITLE XIV, OF THE '69 ENGLEWOOD MUNICIPAL CODE, LIMITING THE USE OF UNMARKED CITY VEHICLES FOR TRAFFIC CONTROL. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 35, SERIES OF 1981, ON FIRST READING. Council Member Bradshaw sec-onded the motion • • I • • G • • • March 9, 1981 Page 14 • • • COUNCIL MEMBER FITZPATRICK MOVED TO AMEND THE MOTION BY DELETING THE WORDING IN SECTION 1, 14-2-9, AND ADD THE FOLLOW- ING : "IT IS THE POLICY OF THE CITY OF ENGLEWOOD THAT THE POLICE VEHICLES USED FOR REGULAR ROUTINE TRAFFIC PATROL WILL BE MARKED PROMINENTLY AS ENGLEWOOD POLICE VEHICLES. FAILURE TO COMPLY WITH THIS POLICY WILL BE NO DEFENSE TO ANY VIOLATION OF LAW". 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. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes : Nays: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Co unci 1 Member Higday. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER NEAL K>VED TO PLACE COUNCIL BILL NO. 3 2 AND COUNCIL BILL NO. 3 5 ON THE AGENDA FOR THE SPECIAL MEETING ON MARCH 30, 1981. 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. RESOLUTION NO. 11 SERIES OF 1981 * * * * * * A RESOLUTION APPOINTING THOMAS V. HOLLAND ASSISTANT CITY ATTORNEY AND FIXING HIS SALARY FOR THE BALANCE OF THE YEAR 1981. • D I • • ( I ( • March 9, 1981 Page 15 • • • COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 11, 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, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried . * * * * * * City Attorney DeWitt discussed the case of the City of Englewood vs. Pezoldt. Mr. DeWitt stated a resolution on this matter would be forthcoming. * * * * * * City Manager McCown presented a Council Communication from the Department of Finance concerning the Malley Center Con-tribution. COUNCIL MEMBER KEENA MOVED TO APPROVE THE CONTRIBU- TION. 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. 12 SERIES OF 1981 A RESOLUTION AMENDING THE GENERAL FUND . COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 12 1, SERIES OF 1981. Council Member Fitz patrick 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 • • • March 9, 1981 Page 16 • • • City Manager McCown presented a Council Commun icat ion from the Department of Community Development requesting a Special Council meeting for purpose of holding a public hearing on the Community Development Block Grant. COUNCIL MEMBER FITZPATRICK MOVED TO SET A PUBLIC HEAR- ING ON MARCH 30, 1981, AT 7:00 P.M. 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. * * * * * * Under the special meeting status, no further business could be discussed. * * * * * * MEETING. COUNCIL MEMBER HIGDAY K>VED TO ADJOURN THE SPECIAL Mayor Otis adjourned the meeting without a vote at 9:00 p.m. ~ruu~t<~ put}' City cerk • I • • • • SPECIAL MEETING : • • - COUNCIL CHAMBERS CITY OF E GLE~D, COLORADO Mar ch 9, 19 81 The City Council of the City of Englewoo d, Arapahoe County, Colorado, met i n special session on March 9, 1981, at 7 :30 p.m. Mayor Otis, pre siding, called the meeting to order. The invocation was given by Mr. Mac Bartee, Englewood Church of Christ, 4690 South Logan Street . The pledge of alle- giance was led by Boy Sc out Troop 192. Mayor Otis asked for roll call. Upon a call of the roll , the following were present : Counc il 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 Chief of Police Holmes Di rector of Public Works Waggoner Deputy City Clerk Watkins * * * * * * Council Member Br adshaw noted corrections to the minutes of the sp ecial meeting of February 5, 1981, pages 3 and 5. The names app earing 3rd and 4th from the bottom on page 3 should be spelled ''W hitaker". On page S, third paragraph, the name should be spelled "Ausfahl". COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF FEBRUARY, 5, 1981 , AS CORRECTED. Council Member Higday 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 • • • March 9, 19 8 1 Page 2 Nays : None . • • The Mayor declared the motion ca r ried, * * * * * * COUNCIL MEMBER BRADSHAW MOVE D TO APPROVE THE MIN UTES OF TH E SPECI AL MEE TI NG OF FE BRU ARY 17, 19 8 1 . Coun ci l Membe r Keen a s econded the mot i on . Upon a call of the roll, the vote resu lt ed as follows: Aye s: Na ys : Cou n ci l Member s Hi gd ay , Nea l , Fi tzpa trick, Keena, Bilo, Brad s haw, Otis . None . Th e Ma yor dec l ar ed t he mo tion ca r r i ed. * * * * * * COUNC I L MEMBER KEENA MO VE D TO APPROVE A PROCLAMATION COMMENDING ENGLEWOOD POLICE OFFICERS JAMES HINSON AND MICHAEL SWAN FOR THEIR COURAGEO US AND PROFESSIONAL APPREHENSION OF ROB- BERY SUSPECTS AND RECOVERY OF FUNDS TAKEN FROM AN ENGLEWOOD BANK. Council Member Fitzpatrick seconded the mot i o n . Upo n a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Nea l, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None, The Mayor declared the motion carried, Mayor Otis read a l etter from Steve Seay, President of Community Bank from which the money was stolen, commending Police Officers Swan and Hinson for their bravery and the Englewood Police Department f or the i r cooperation and understanding. Mayor Otis read the proclamation and presented it to Officer Swan. Officer Hinson was not present. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE A PROCLAMATION COMMENDING THE ENGLEWOOD POLICE DEPARTMENT FOR THEIR PROFESSIONALISM IN APPREHENDING FOUR ROBBERY SUSPECTS AND RECOVERING FUNDS TAKEN FROM AN ENGLEWOOD BANK. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • • March 9, 1981 Page 3 Ayes : Nays : • • • Council Members Higday, Neal, Fitzpatrick, Keena , Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis read the proclamation and presented it to Police Chief Robert Holmes who accepted it and expressed appre- ciation on behalf of the Police Department. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION COMMENDING KELLS WAGGONER, DIRECTOR OF PUBLIC WORKS, FOR HIS DEDICATION TO DUTY WITH THE CITY OF ENGLEWOOD AND UPON HIS BEING DISTINGUISHED AS ONE OF THE TOP 10 PUBLIC WORKS LEADERS OF THE YEAR, 1981, BY THE AMERICAN PUBLIC WORKS ASSOCIATION. 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. Mayor Otis read the proclamation and presented it to Kells Waggoner who accepted it and expressed appreciation for the recognition and honor. * * * * * * Pre-scheduled visitor,Matt Buechner, Chairman of DeMolay Week, was not present to receive a proclamation declaring the week of March 15-22, 1981, as DeMolay Week. Ma yor Otis s tated the presentation would be made at the regular City Council meeting of March 16. * * * * * * Pr e -scheduled visitor, Jerry French, 4573 South Logan Street, was present and requested that a traffic light be re- installed at th e inter sect i on of Stanford and Logan Streets. Mr. French subm it ted a petition containing signatures of 51 homeowners in favor of re-installing the traffic light. Mr. French stated 0 I • • • March 9, 1981 Page 4 • .. the reasons for this request were : 1) turning from Stanford onto Logan was hazardous because the view was blocked by parked cars and there was a rise in road elevation; 2 ) the majority of the people did not drive the speed limit and the traffic light would slow them down; and 3) Cherrelyn Elementary School was nearby and the traffic presented hazardous conditions fo r children walk- ing to school. Mr. French stated the children were crossing the street at the Stanford/Logan intersection rather than walk- ing to Tufts and crossing with the light there. In response to Council Member Higday's question, Director of Public Works Waggoner stated the traffic light was taken out of this intersection following the closing of Duncan School and as a result of a school survey. Mayor Otis informed Mr. French that this matter would be turned over to the Traffic Engineer for a report and recommendation to Council. * * * * * * Pre-scheduled visitor, Eddie Tanguma, member of the Planning and Zoning Commission, was present and requested addi- tional funding from Council to send a second commissioner to the Annual American Planning Association Conference in Boston on April 25 -29, 1981. Mr. Tanguma stated the conference has been expanded and participation in all the committees and work- shops was too difficult for one person to do. In response to Council's question, City Manager McCown estimated the cost to send another commissioner would be approxi-mately $1,000. Council noted that the letter from the Planning and Zoning Commission Chairperson stated the vote on this recom- mendation was 5 to 2 and asked Mr. Tanguma to explain the rea- son for the 2 nay votes. Mr. Tanguma stated he did not recall the reasons why. Council agreed to take the request under advisement and discuss it with the Planning and Zoning Commission at their next joint session. Council Member Higday asked Mr. Tanguma to provide the agenda for the conference. * * * * * * • D I • • 0 ( • • • - March 9 , 1981 Pag e 5 Council Memb e r Neal prefaced his motion by stating there was a gentleman in the audience, David Clayton, who was concerned about agenda i tems 7(e), an ordinance that would change the membership of the Election Commission, and 7(g), an ordinance concerning unmarked City vehicles. Mr. Neal stated he felt Mr. Clayton should address his concerns to the Council. COUNCIL MEMBER NEAL KlVED TO SUSPEND THE RULES OF THIS MEETING AND ALLOW MR. CLAYTON TO SPEAK. 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. David Clayton appeared before Council and spoke con- cerning the proposed ordinance that would change the membership of the Election Commission. Mr. Clayton stated the changes were basically good and asked if it contained safeguards whereby mem- bers would be from different districts. Council pointed out the proposed ordinance intended to provide that no more than two members would be from the same district. status. were: Mr. Clayton stated he agreed with the proposed changes. * * * * * * There were no other visitors due to special meeting * * * * * * "ColiD'liU n ications -No Action Recommended" on the agenda (a) (b) (c) Minutes o f the Board of Adjustment and Appeals meeting of December 10, 1980. Minutes of the Englewood Housing Authority meetings of January 14, January 28, and February 4, 1981. Minutes of the Planning and Zoning Com- mission meeting of February 3, 1981 • • 0 I • • • March 9, 1981 Page 6 (d) (e) (f) (g ) (h) • • • Minutes of the Liquor License Authority meeting of February 4, 1981 . Minutes of the Public Library Board meet- ing of February 10, 1981 . Minutes of the Down town Development Au- thority meetings of February 11 and 25, 1981. Municipal Court Act ivity Repor t for the month of January, 1981. Memorandum from Lieutenant Ba iley to Chief Holmes conc erning his attendance at the Police Records and Communications Workshop in Savannah, Georg ia, on February 16 -20, 1981. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS- NO ACTION RECOMMENDED" AGENDA ITEMS S(a) -S(h). Council Member Bilo seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes : Nays : Counc i l Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Assistant City Manager Wanush presented a Council Com- munication concerning the minutes of the Water and Sewer Board meeting of February 11, 1981, with a recommendation to approve Southgate Sanitation District Supplements 87 and 88. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE SOUTHGATE SANITATION DISTRICT SUPPLEMENTS 87 AND 88. 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. * * * * * * • 0 I • • ( • • March 9, 1981 Page 7 • • - Assistant City Manager Wanush presented the Council Communication concerning the minutes of the Water and Sewer Board meeting of February 11, 1981, recommending that attorney, David Hahn, be retained to standardize a sewer contract that could be used as contracts expire. Hr. Wanush noted the at- torney's fees would have to be negotiated; and the money was available as the costs for Mr. Hahn to review the sewer con- tracts was considerably less that what had been estimated. COUNCIL MEMBER FITZPATRICK MOVED TO HAVE THE ATTORNEY, DAVID HAHN, PRODUCE A SAMPLE CONTRACT FOR FUTURE SEWER CONTRACTS IN THE DISTRICTS. 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. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Commission meeting of February 12, 1981, with a recommendation concerning a recreation program fee increase only to citizens living outside of Englewood. Mr. McCown recommended that no action be taken on this matter until more information was available and discussed further in a study session. COUNCIL MEMBER KEENA MOVED TO RECEIVE THE RECOMMENDA- TION. 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. Counc il instructed the City Manager to place the re- creation program fee recommendation on the study session for March 16th. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Commission meeting of February 12, 1981, regarding • D I • • • • March 9, 1981 Page 8 • - a r ecomm endation of Bates-Logan Park property along the City Di tch. Mr. McCow n advised th at more information was needed concerning proper t y r igh ts , etc. b e fore t h e r ecomme n d a tion should be cons ide red. COUNC IL MEMB ER KEE NA MOV ED TO RE CEIVE THE RE COMMENDA- TION BUT NOT TO PURCHAS E THE LAND AT TH IS PO I NT . Coun c i l Member Bilo seconded th e mot i on. Upon a call of th e r ol l, the vote re- sulted as fol l ows : Ayes : Nays : Counc il Members Hi gday, Neal, Fitzpatrick, Keena , Bilo , Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented the mi nutes of the Parks and Recreation Commission meeting of February 12, 1981, regarding a recouunendation to accept the ordinance establishing a sp.ecial fund of the City to be known as the ''Malley Center Trust Fund". COUNCIL MEMBER KEENA MOVED TO RECEIVE THE RECOMMENDA- TION. 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. * * * * * * City Manager McCown presented a Council Communication from the City Clerk concerning a Massage Parlor Application for Soon Ye Scott, 2801 South Broadway. City Attorney DeWitt recouunended tabling consideration of the application because the application was incomplete and there was a mistake on the license information form. Attorney for the applicant, Larry Harvey, appeared before Council and offered to correct the mistake at this time • • I • • ( • March 9, 1981 Page 9 • • - Council Member Neal n oted cer t a i n supplem en tal i n fo rma- tion wa s missing from the appli cation. In response to Cou ncil Member Neal's q uestion, Mr. Harvey stated t he appl i cant would be t h e owner and operator and would have total autho r ity over the pr emis es. He did not respond as to whether the appl i can t would b e on t he premises the entire time the business was open. COUNCIL MEMB ER HIGDAY MOVED TO TABLE THE MATTER UNTIL MARCH 16, 198 1 . 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 instructed Mr. Harvey to meet with Mr. DeWitt for the purpose of filling out the application correctly and co~ pletely before the meeting on March 16th. * * * * * * City Manager McCown presented a Council Communication from the Department of Community Development concerning a re- vised agreement between the City of Englewood and the Englewood Housing Authority. Mr. McCown stated the revised agreement would allow grants to be part of the Housing Rehabilitation Program us- ing Community Development Block Grant Funds. Mr. McCown further recommended that Council act expeditiously on this matter. COUNCIL MEMBER FITZPATRICK MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE IMPLEMENTING THE REVISED AGREE- MENT AND THAT THE ORDINANCE CONTAIN AN EMERGENCY CLAUSE. Council Member Keena seconded the motion. Upon a call of the roll, the vote resul ted a s foll ows : Ayes : Na y s : Council Memb e rs Higday, Neal, Fitzpatrick, Keena , Bilo, Bradshaw, Otis. Non e . The Mayor declared the motion carried. * * * * * * • I • • • March 9, 1981 Page 10 ORDINANCE NO. 27 SERIES OF 1981 • • • BY AUTHORITY 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 MUNICIPAL COURT SYSTEM. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 29, 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. 28 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER BRADSHAW 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. COUNCIL MEMBER BRADHSAW MOVED TO PASS COUNCIL BILL NO. 30, 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. It was noted that accounting procedures for this fund could be set out by resolution. * * * * * * • I • • • March 9, 1981 Page 11 ORDINANCE NO. 29 SERIES OF 1981 • • • BY AUTHORITY COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER FITZPATRICK 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 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 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. Council Member Fitzpatrick spoke about scrutinizing very closely any future applications based upon what has been written and transpired involving industrial revenue bonds. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHOR ITY A BI LL FOR COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINAN CE 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 MOVED TO PASS COUNCIL BILL NO. 28 1, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion . D I • • • March 9, 1981 Page 12 • • • COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MOTION BY DELETING ''WITH PRIOR APPROVAL OF CITY COUNCIL" IN SECTION 1, 11-1-2 (b) AND ADDING AT THE END OF THE SECTION, AS PART OF THE LAST SENTENCE, "WITH NOTICE TO CITY COUNCIL". 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. 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. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AMENDING TITLE IX, CHAPTER l, SUBSECTION l, OF THE '69 ENGLEWOOD MUNICIPAL CODE, TITLED "ELECTION COMMISSION", TO INCLUDE TWO ADDITIONAL MEMBERS AND PROVIDING THAT NO MORE THAN TWO MEMBERS SHALL BE FROM ANY ONE COUNCIL DISTRICT. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 32, SERIES OF 1981, ON FIRST READING. 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 • • 0 I • • ( • March 9, 1981 Page 13 Nays : Non e . • • • The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD •, COLORADO, AND URBAN DRAINAGE AND FLOOD CONTROL DISTRICT WHEREBY THE ECONOMIC FEASIBILITY ANALYSIS OF DESIGN ALTERNATIVES, LITTLE DRY CREEK, SHALL BE STUDIED BY SELLARDS AND GRIGG, INC. ENGINEERS •, COST TO BE SHARED BY CITY AND DISTRICT. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 33, 0 SERIES OF 1981, ON FIRST 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. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE ADDING SECTION 9 TO CHAPTER 2 , TITLE XIV, OF THE '69 ENGLEWOOD MUNICIPAL CODE, LIMITING THE USE OF UNMARKED CITY VEHICLES FOR TRAFFIC CONTROL. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 35, SERIES OF 1981, ON FIRST READING. Council Member Bradshaw sec-onded the motion. • ,., I • • • March 9, 1981 Page 14 • • • COUNCIL MEMBER FITZPATRICK MOVED TO AMEND THE MOTION BY DELETING THE WORDING IN SECTION 1, 14-2-9, AND ADD THE FOLLOW- ING : "IT IS THE POLICY OF THE CITY OF ENGLEWOOD THAT THE POLICE VEHICLES USED FOR REGULAR ROUTINE TRAFFIC PATROL WILL BE MARKED PROMINENTLY AS ENGLEWOOD POLICE VEHICLES. FAILURE TO COMPLY WITH THIS POLICY WILL BE NO DEFENSE TO ANY VIOLATION OF LAW". 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. Upon a call of the roll, the vote on the original mo- tion resulted as follows : Ayes: Nays: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER NEAL MOVED TO PLACE COUNCIL BILL NO. 32 AND COUNCIL BILL NO. 35 ON THE AGENDA FOR THE SPECIAL MEETING ON MARCH 30, 1981. 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. RESOLUTION NO. 11 SERIES OF 1981 * * * * * * A RESOLUTION APPOINTING THOMAS V. HOLLAND ASSISTANT CITY ATTORNEY AND FIXING HIS SALARY FOR THE BALANCE OF THE YEAR 1981 • • 0 ) I • • ( • • March 9, 1981 Page 15 • • • COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. ll, 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, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt discussed the case of the City of Englewood vs. Pezoldt. Mr. DeWitt stated a resolution on this matter would be forthcoming. * * * * * * City Manager McCown presented a Council Communication from the Department of Finance concerning the Malley Center Con- tribution. COUNCIL MEMBER KEENA MOVED TO APPROVE THE CONTRIBU- TION. 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 . 12 SERIES OF 1981 A RESOLUTION AMENDING THE GENERAL FUND. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 12 ', SERIES OF 1981 . Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follow s: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried . * * * * * * • 0 I • • D 0 • • • March 9, 1981 Page 16 • • - City Manager McCown presented a Council Communication from the Department of Community Development requesting a Special Council meeting for purpose of holding a public hearing on the Community Development Block Grant. COUNCIL MEMBER FITZPATRICK MOVED TO SET A PUBLIC HEAR- ING ON MARCH 30, 1981, AT 7:00 P.M. 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. * * * * * * Under the special meeting status, no further business could be discussed. * * * * * * MEETING. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE SPECIAL Mayor Otis adjourned the meeting without a vote at 9:00 p.m. Jruu~'U~ puTy City cerk • I • • ) • • • • , . • ROLL CALL Moved Seconded Aye Nay Absent Ab t 1 s a n Hiqdav Neal F1 tzpatn ck Keena 81 lo Bradshaw OtiS ~wL ~k )b._) ~ ~ 1-~ -y;_('1 ~ ) -/)'(Jc_ ;?P ?_fu < __p ~ -'l3j Ju-ut-~ r ~"~~ )!u ~ -.LJ.. -{J ltz )Vf,) 1'-1 (_ I A/ J'Ylt! <2.) . /(J.d~ ~1 d f{7Lt c J ,/·~ (-<_ ~ t I- 7J~e-1. '/ZJ7<.. • I . • • • .. • ROL L CAll Moved Seconded Aye Nay Absent Abstain Higday 1..--- Ne al f.-/' Fitzpatrick L-- Keena I-- Bilo ,__. Bradshaw 1.- Otis /....- I • • • • - ------------- ROLL CALL Moved Seconded Aye Nay Absent Abstain /t:t-. 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Moved Seconded r I I--Hiadav 1--Neal I--Fltiilatrlck '---Keena Bl o -Bradshaw I OtiS ROLL CALL Aye I • • • Nay Absent ·/1..~ (/ Abstain I • • • • , . • ROLL CALL Moved Seconded Aye Nay Abs t en Ab sta n Higday \ Neal T v F1tzpatnck I Keena I 8110 I .i-"' Bradshaw ( OtiS \: --1 b . r,_, $~ .%: Vw( CJ-~. w -lUJ o~ ~ r_ #?/ h lu/(f ;f f"-b~ ~ • • • I . • • • • . . • ROLL CALL Moved Seconded Aye Nay Absent Abstain v Higday I Neal I Fl tzpatn ck I ~ Keena I B_llo I Bradshaw r Otis \ ' I . • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higdav Neal F tzoatnck Keena 8110 Bradshaw OtiS I . • • • • .. • ROLL CALL Moved Seconded Ay N e ay Absent Abstain Higday Neal Fl tzpatri ck Keena Bllo Bradshaw Otis I . • • • • , . • ROLL CALL Moved Seconded Ay N e ay Absent Abstain HiQday Neal Fi tzpatn ck Keena Bl o Bradshaw OtiS Q)i ~ ~""t'mUL, /J 11~'-'3 'fJ 3 N~L dLL l<-nuf ~~~ ' n" C "7 if /V J ld_ j{)£-CA0'1LIL -<'_./YI-t ~~~ $ C ?1.J2U~ u-rn 1.JJ ,1.')100-< "r ~ <>-<~. --'-~ J~ ,..,___ cxf-d S-c:;;_q, /./1? I -yJ.D /Y'l~ /;{; )w_ ./YI {!__/)'l V)'YLt-~~ d-p.ft!7 tPrJ~F -f'u I ?AJU.m -Ice_ ~ ./J-u ,t ('fi •YYI.f /)'>L6-U ~ ~ ~fiftU-~ ~~j J-V. --~tf?!);o ~~ #~ tf7J7) __ d<;! /~ )u_/Y)'LJl-"Y)~ ~L-o ;;-:!U ~6. ·'X--j- c{) t:L r cY'-0 < -7~~ w~ _ -~~~a_-r( ~ ;;!lld/( ~~ ~a o -'r/)'&C&c{; . . -Jfi~le ~ ~ z; £e ~~'V/ILI_ ~-~ _6.L ~ ~ i":/v &~W I . • • • .. • ROll CAll Moved Seconded Aye Nay Absent Abstain Hiqday Neal Fitzpatrick Keena 81 lo Bradshaw OtiS • • I • • • • .. • ROLL CALL Hove d Seconded A~ Nay Absent Abstain .............-Hiadav \ v Neal I Fttzliatnck I Keena I Bllo - - Bradshaw I OtiS \ --1 ~ I • • • • • ------~~~~~----~----. ROLL CALL Moved Seconded Aye Nay Absent Abstain HfQday Neal Fltzoatrlck Keena BrTo Bradsh., Otes • • I . • • • • ROLL CALL "oved Seconded Aye Nay Absent Abstain Hlgday \ Neal I Fitzpatrick 1 Keena I J/ Bllo I v Bradshaw I. Otis I . • • • • .. • . --------~ ROLL CALL Hove d Seconded A ye Nay Absent Abstain Hlgdav \ Neal I ... F tzoatrlck I v Keena I Bllo 7 Bradsh-7 Otis ( " I . • • • • • .. - -- 4'' <L .;TL) ~ U ZJ._o :;, ._/) rJ. v Moved Seconded Absent Higday \ Neal 1 ~ F1 tzpatr1 ck 1 v-Keena I 8110 I Bradshaw \ Otis I . . • • • • • ROLL CALL Moved Seconded A ye Nay Absent Abstain Hladay Neal FltzDatrlck Keena Bllo Bradsh- Otis 6 b . f '.u~ yj_'f /!I <-&w>u ,o (j f!o /U~ ~ .b/~· ~ p _%. /-v ~ ~ &:&if ,yU) fJ)<-c/U'X.; pC-~ 0.~~ a z u~ t-~ ~ /1> uru. ~o ~ o ~-( ~ ~ d /)l..LR-&_ ~~/V~ I . • • • , . • ROLL CALL Hove d Seconded Aye Nay Ab sent Ab s tain Higday Neal F1 tzpatr ck v Keena v-Bllo Bradshaw OtiS tJi 0 0 ( 7 7 ) cl{ ~ ') 1 <A--c -" ~ ~ <) 1::' ._,& rv ·p~ &_, /rl~ If ~ J ') \:f /'"lfl-<-/ cr / · YJ j 6 ...yl LP -1-c..6 • I . • • • .. • < -r~p~71- 11ove d Seconded Aye ·~ Nay Absent Hlgday \ Neal I Fitzpatrick I ""-Keena I v IIIlo I llradsh.., l OtiS ......_ 6b I . • • • • .. • -------. ... r--&] .t Lt -d ROLL CALL fru~ jl (/1- Moved Seconded Aye Nay Absent Abstain Higday \ Neal l_ F I tzpat r1 ck 1 .......-Keena I v Bllo I Bradshaw I OtIs \ 6 h I . • • • • • .. • ~-- Moved Seconded Aye Nay Absent Abstain Hladav Neal Fitzpatrick Keena Bllo Bradshaw Otis I . • • • • ROLL CALL Hove d Seconded A ye Nay Absent Abstain &,...--Higdav \ Neal I v Fltzoatrlcll ' Keena I Bllo I Bradshaw I Otis \ I . • • • • • ROLL CALL Moved Seconded Aye Na y Ab sent Abstain Hlgdav ' Neal T ~ F'ltzDatrlck 7 L--" l<eena 7 Tllo I Bradshaw \ OtiS " I . • • • • . . • ----~~~------~~-------------------- ROLL CALL Moved Seconded Aye Nay Absent Abstain H i_g_da_y \ Neal J v F 1 tzpat r1 ck I Keena I 8110 I v Bradsh-I Ot_l_s ' I • • • • .. • ROLL CALL 11oved Seconded Aye Nay Absent Abstain Hlgday l Neal I F"l tzpat rIck I v-Keena I Bllo I v-Bradsh-\ Otis " 1b I • • • • • ,. - ROLL CALL Moved Seconded Aye Nay Absent Abstain HIJ~_day \ Neal 1 ,_... F1 tzpatn ck I v-Keena I 8110 I Bradshaw { OtiS \ 1c I . • • - • ,. • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hlgday v Neal J/ Fl tzpatri ck Keena Bllo Bradshaw OtiS • I • • • • • • ROLL CALL Hoved Seconded Aye Nay Absent Abstain Higday \ Neal I Fitzpatrjcjt I v Keena I Btto I v Bradshaw I OtiS l I . • • • • ,. - ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday \ Neal I F1 tzpat rl ck I Keena I Bllo I Bradshaw { OtiS \ - I • • • • • • ,. - ROLL CALL Moved Seconded Aye Nay Absent Abstain _.., v Higday \ Neal 1 ~ F"i tzpat n ck I Keena I Bllo I Bradshaw IJ OtiS \ • • I • • \ • • • • • ROLL CALL Aye Moved Seconded '\ Nay Absent Abstain Higday \ Neal I F1 tzpatn ck I ~ Keena j_ y--81l_o 1 Bradshaw I OtiS \ \ I • • • • • .. • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday ~ Neal Fitzpatrick Keena Bllo -Bradshaw OtiS • • I • • I • • ,. - ROLL CALL Hove d Seconded Aye Nay Absent Abstain Higday \ Neal \ v--Fitzpatrick 1 v Keena I 8110 I Bradshaw I OtiS \ " ) _,1 ' I • • • • • • • ROLL CALL Moved Seconded Aye N11y Absent Abstain Higd11y .......- Neal ' Fitzpatrick J Keena I Bllo I Bradshaw r OtiS '\. y ~zc ....... I • • • • • .. • ROLL CALL Moved Seconded Aye Nay Absent Abstain HfQday \ /,..--Neal I Fitzoatrick I ~ l<eena I Bflo I Bradshaw I OtiS \ ..... / I . . • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday \. Neal I Fl tzpatn ck I ....... l<eena I Bllo I ,....-Bradshaw I OtiS \ " II I • • • • • .. • ROLL CALL "ove d Seconded Aye Nay Absent Abstain HiQdav Neal Fetzpatnck Keena 81 0 Bradshaw Otes 7~. 'V ~rl--.-t1. 1 .L'~7 ~~ /U .:uJ -ufl).J. L'--R. pz~r; '}u_; J- J I . • • • • • ROLL CALL Moved Seconded Aye Nay Absent Hlgday \. Neal _l F I tzpat r_l c!t 1 v Keena I £--1110 I Bradshaw I Otis \ ' I . • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain HiQdav \ Neal l ~ Fitzpatrick I r Keena I .,.. 8110 I Bradshaw I Otis \ "- I • • • .. • • • • • ~ /·. ROll CAll /I jC-cj!-t 1 J ?.J-'* ,z &A Moved Seconded A ye Nay Absent Abstain Hiodav \. Neal \ 1,/ Fi tzpatn ck T v Keena l 8110 I Bradshaw I Otis \ ' (P z--A m 3-3CJ -0 c 'it I jf?J tl /) • I . • • • • • • AGENDA FOR THE SPEClAL MEETING OF THE ENGLEWOOD CITY COUNCIL MARCH 9, 1981 /· 7:30P.M. Call to order, invocation by Mr. Mac Bartee, Engle- wood Church of Christ, 4690 South Logan Street, pledge of allegiance by Boy Scout Troop #92, and roll call. f u I ~~I 1. 2. Minutes. (a) Minutes of the special meeting of February 5. 1981. (Copies enclosed.) (b) Minutes of the special meeting of February 17, 1981. (Copies enclosed.) Pre-Scheduled Visitors . (Please limit your presenta- tion to 10 minutes.) ~(a) t-va Police Officers James Hinson and Michael Swan, Englewood Police Department, will be present to accept a proclamation commending them for their courageous and professional apprehension of robbery suspects and recovery of funds taken from an Englewood bank. (Copies enclosed.) (b) (c) Chief Robert Holmes, Englewood Police Department, will be present to accept a proclamation commending the Englewood Police Department for their pro- fessionalism in apprehending four robbery suspects and recovering funds taken from an Englewood bank . (Copies enclosed .) Mr . Kells Waggoner, Director of Public Works, will be present to accept a proclamation commending him for his dedication to duty with the City of Englewood and upon being distinguished as one of the top ten public works leaders of the year by the American Public Works Association. (Copies enclosed .) Mr. Matt Buechner, Chairman of DeMolay Week, will be present to accept a proclamation declaring the week of March 15-22, 1981 as DeMolay Week. (Copies enclosed.) I • • • • • • - Page 2 March 9, 1981 Agenda 2. !'\ Pre-Scheduled Visitors (Continued). lr (e) Mr. Jerry French, 4573 South Logan Street, will be present to address the City Council concerning a traffic light at Stanford and Logan Streets . (f) Mr. Eddie Tanguma, Member of the Planning and Zoning Commission, will be present to request additional funding from the City to send a second Planning Commissioner to the annual American Planning Association Conference in Boston on April 25-29, 1981. (Copies enclosed.) d'ff -~ 'l c/._ LLLf:_)'l ju__ /YL 7 l2.--i 7 d 3. Other Visitors. (Due to special meeting status, there will be no discussion under this item.) 4. Public Hearing. 5. Communications -No Action Recommended. (a) Minutes of the Board of Adjustment and Appeals meeting of December 10, 1980. (Copies enclosed.) (b) (c) Minutes of the Englewood Housing Authority meetings of January 14, January 28, and February 4, 1981. (Copies enclosed.) Minutes of the Planning and Zoning Commission meeting of February 3, 1981. (Copies enclosed .) (d) Minutes of the Liquor License Authority meeting of February 4, 1981. (Copies enclosed.) (e) Minutes of the Public Library Board meeting of February 10, 1981. (Copies enclosed.) (f) Minutes of the Downtown Development Authority meetings of February 11 and 25, 1981. (Copies enclosed.) (g) Municipal Court Activity Report for the month of January, 1981. (Copies enclosed.) (h) Memorandum from Lieutenant Bailey to Chief Holmes concerning his attendance at the Police Records and Communications Workshop in Savannah, Georgia on February 16-20, 1981. (Copies enclosed.) I • • ( • • • • Page 3 Karch 9, 1981 Agenda 6. Communications -Action Recommended . 7. (a) (b) Minutes of the Water and Sewer Board meeting of February 11, 1981 with the following recommenda- tions : (i) Southgate Sanitation District Supplements 87 and 88; and (ii) Future sewer contracts with Districts. (Copies enclosed.) Minutes of the Parks and Recreation Commission meeting of February 12, 1981 with the following recommendations : Recreation Program fee increase; Bates-Logan Park property along City Ditch; and (iii) Ordinance establishing a special fund of the City to be known as the "Malley Center Trust Fund" (Council Bill No. 30.). (Copies enclosed.) Council Communication from the City Clerk con- cerning a Massage Parlor Application for Soon Ye Scott, 2801 South Broadway. (Copies enclosed.) Council Communication from :the Department of Community Development concerning a revised agreement between the City of Englewood and the Englewood Housing Authority. (Copies enclosed.) City Attorney. Ordinances on Final Reading. (a) Ordinance amending Sections 1 and 3, Chapter 6, Title I, of the 1969 Englewood Municipal Code relating to the operation of the Municipal Court System. (Copies enclosed.) (b) 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 Recreation Center adding a new sub- section to Title XIII, Chapter 5, of the 1969 Englewood Municipal Code. (Copies enclosed.) I • • , ( • • • • Page 4 March 9, 1981 Agenda 7. City Attorney (Continued). (c) Ordinance authorizing the issuance and sale of $320,000 City of Englewood, Colorado Industrial Development Revenue Note (The Hemlock Company ~ 1 11 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 facilities; and authorizing the execution of certain documents ~ relating thereto. (Copies enclosed.) <::::::3. l~ P-t. ~< -k_ 1(/Ck.U:Z:(>"><,c.-u _... '..P-l."-<::4 u .nc BillsVfor Ordinances. u J ~._.}1J tL L (d) ~gtt,;.1 Bill amending Title XI, Chapter 1, Section 2(b), authorizing the Police Chief to issue concealed weapon permits to other City personnel. (Copies enclosed.) (j,'(f\1.~ · (e) Bill amending Title IV, Chapter 1, Subsection 1, _d. A~ 1969 Englewood Municipal Code, titled "Election ~~-/J)/ Coumission," to include two additional members C 1 .~and providing that no more than two members shall ~ 3 .30 ·'8 ~ be from any one Council District. (Copies enclosed.) Bill approving an agreement between the City of Englewood, Colorado and Urban Drainage and Flood Control District whereby the Economic Feasibility Analysis of Design Alternatives, Little Dry Creek, shall be studied, Sellards and Grigg, Inc. engineer- ing costs to be shared by City and District. (Copies / (f) enclosed.) (g) Bill adding Section 9, to Chapter 2, Title XIV, ~D a)L-of the 1969 Englewood Municipal Code, limiting J..:Y Djl;. IJ 5' J the use of unmarked City vehicles for traffic JJ & 1 dfLLvcontrol. (Copies enclosed.) ,,u 1 8 II·~ O--J~_ 3 [J -Resolutions . '.-fV Resolution appointing Thomas V. Holland as Assistant City Attorney and fixing his salary for the balance of the year 1981. (Copies enclosed.) (h) Other Matters. (i) City of Englewood vs. Pezoldt. • I • • • • • Page 5 March 9, 1981 Agenda 8 . City Manager . J._ (a) fp,~ Council Communication from the Department of Finance concerning the Malley Center Contribution . (Copies enclosed.) 9. (b) Council Communication from the Department of Community Development concerning a request for a Special Council Meeting . (Copies enclosed .) General Discussion . fl -c ·1X-J-30 -~1 • I . • • , • • • - NOTICE OF CALL BY THE MAYOR FOR A SPECIAL SESSION OF THE CITY COUNCIL MONDAY, MARCH 9, 1981 7 :30 P.M. The City Council of the City of Englewood, Arapahoe County, Colorado, is called to a special meeting at the City Hall, 3400 South Elati Street, for the purpose of conducting regular business deferred because of the cancellation of the regular City Council meeting of March 2, 1981. An agenda detailing the nature of this business is attached. ~JJJ~~-·$~ {_4, MC COWN Ci y Manager ACKNOWLEDGE OF RECEIPT OF NOTICE The following persons, all Council Members of the City of Englewood, do hereby acknowledge receipt of notice of the above special session. I • • • \._,., .. • • • • COUNCIL CHAMB ERS CITY OF ENGL EWOOD , COLO RADO FEBR UARY 5 , 198 1 SPECIAL MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in special sess i on on February 5 , 198 1 , at 7 :00 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Counc i l Member Thomas Fitzpatrick. The pledge of allegiance was led by Mayor Otis. roll, ""' Mayor Otis asked for ro\1 p all. Upon a call of the 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 City Attorney DeWitt Director of Community Development Powers Chief of Police Holmes Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO OPEN THE PUBLIC HEAR- ING TO CONSIDER THE ORDINANCE ON FINAL READING AMENDING CHAPTER 22 CONSTITUTING THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF ENGLEWOOD, COLORADO, ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED, BY ADDING SECTIONS 22.4-lOh., 22.4-11 h., 22.4-13 k., 22.14 i, TEMPORARILY PROHIBITING THE ESTABLISHMENT IN CERTAIN AREAS OF THE CITY OF ENGLEWOOD, "ADULT ENTERTAINMENT" BUSINESS, AS DEFINED HEREIN AND DECLARING AN EMERGENCY. Council Member Bilo seconded the mo- tion. Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Higday, Neal, Keena, Bile, Bradshaw, Otis • Fitzpatrick, Nays : None. The Mayor declared the motion carried • I • • • February S , 1981 Page 2 • • - COUNCI L MEMB ER FITZP ATRICK MOVED TO RECEIV E TH E FI ND I NGS OF FACT FROM THE PLAN NING AND ZONI NG CO MMI SSI ON CONCERNING THIS MATTE R. Council Member Bradshaw seconded t h e mo t i on. Upon a c all of the roll, the vote resu l ted as follows: Ayes : Na ys : Council Membe rs Higday, Ne al, Fitzpatrick, Keen a , Bilo , Bradsh a w , Otis . None. The Mayor declared the mo t ion carried. Direct~r of Commun i ty Development Powers appeared before Council and gave testimony concerning the proposed amendments. Ms. Powers testified the proposed amendments would affect areas which are zoned business and industrial districts and would eliminate non-conforming us e s , sp e cifically adu l t entertainment businesses. She testified the proposed amendments would define "adult enter- tainment" businesses and would prohibit the establishment of any adult entertainment businesses wi thin 1 ,000 feet of : 1) another such establishment ; 2) a residentially zoned district; and 3) any church, school , park playground or public building. Ms. Powennoted the ordinance was a temporary ordinance and would be effective for s i x months. Ms. Powers stated it was the re- commendation of the Planning and Zoning Commission that these amendments be approved by City Council. Ms. Powers submitted a petition signed by approximately 663 Englewood citizens that was submitted to the Planning and Zoning Commission's hearing on January 27, 1981, in opposition to the adult entertainment business at 4370 South Broadway. Ms. Powe~ stated if the ordi- nance is passed the business owner would have 180 days to eli- minate inventory or move. Ms. Powers stated the ordinance was compatible with the goals of the Comprehensive Plan. City Attorney DeWitt stated the ordinance addresses the issue of zoning. Mr. DeWit t stated the Planning and Zon- ing Commission is concerned about what effect the subject busi- ness would have on a neighborhood. The ordinance deals with certain adult usages which are not compatible with the neigh- borhood. Establishments existing under this ordinance would become non-conforming uses and prohi bited. Mayor Otis asked for those wishing to speak in favor of the ordinance to come forth. Don Smith, 3165 South Sherman, appeared before Council. Mr. Smith complimented the City Council, City staff and Planning and Zoning Commission for approaching the problem and putting efforts into preparing an ordinance that has legal precedence • • I • • • • • February 5, 1981 Page 3 • • • Mr. Smith asked if the "non-conforming use" provision was addressed in the ordinance, which was the 180 day termination. City Attorney DeWitt stated at the present time it was not addressed in the ordinance. Mr. DeWitt stated the provision was part of the package that Council would be considering. Mr. Smith stated he was the spokesperson for several people who supported the ordinance. Mr. Smith expressed his concerns about the length of time involved in enforcing the business owner to vacate if the 180 day non-conforming use provision is not included. Mr. Smith stated without the provision it could be conceivable that the business owner could take up to a year to vacate. Hr. Smith suggested making the vacation immediate. At this time Mayor Otis asked for those people for whom Mr. Smith was speaking to come forward, state their names and ad- dresses and state whether or not they agreed with Hr. Smith's co~ menta. The following people stated they agreed with Hr. Smith: NAME Mabel Goodrich Lola Metsker Leana Jamison Mrs. H. H. Summers Scott Schaffer Bob Bell Betty Bryant Violet Cutler Rufus Bryant Gladys Travis Isabelle Kreiger Conrad Kreiger Nelly Johnson Mrs. G. N. Stroll Ethel Paris Myrtle Harding Adrian House David Grullin Lynn Glenn Pat Glenn / Bryan Sumner Jo Ann Witiket;_, l .~ J... Paul Witiker~~ Betty Holland Betty Jane Alexander ADDRESS 4765 South Huron 3876 South Delaware 3202 South Cherokee 3140 South Delaware 3065 South Delaware 245 East Girard 3103 South Bannock 147 W. Dartmouth Ave. 3103 South Bannock 3333 South Lincoln 4120 South Elati 4120 South Elati 3333 South Lincoln 3025 South Corona 3333 South Lincoln 3333 South Lincoln 3190 South Grant (business) 3190 South Grant (business) 4090 South Pearl 4090 South Pearl 3368 South Pennsylvania 4500 South Galapago 4500 South Galapago 3140 West Saratoga 6342 West Rowland Circle • I • • • February 5, 1981 Page 4 NAME • - ADDRESS (cont'd) Olin Schuster 4536 South Sherman Mar y Schuster 4536 South Sherman Mary Ellen Bowman 4 524 South Sherman Kenneth Bowman 4524 South Sherman Elizabeth Anderson 3221 South Galapago Stewart Anderson 3221 South Galapago Betty Acker 3140 South Delaware Barbara Blair 4409 South Bannock Don Blair 4409 South Bannock Shirley Hudson 4783 South Bannock Judy McGruder 4660 South Galapago Debby Blomberg 4527 South Lincoln Harlan Schrader 3826 South Lincoln Bryon Bauth 3103 South Downing Harry McCrum 4730 South Washington Bill Kavalis 4565 South Galapago Lee Fowler 3926 South Pennsylvania Hope Daugoon 2875 South Sherman Barbara Burget 4108 South Inca Wayne Burget 4108 South Inca Helen Lorenz 4525 South Pearl David Meshshi 3311 South Broadway (business) (In response to Council Member Neal's question, Mr. Meshshi stated the subject establishment is a threat to businesses in the Englewood and in terms of zoning it would have a detrimental effect on the rest of the busi- nesses in Englewood) Shi Derick Virginia Smith Lawrence Willis Bill Taylor 3245 3165 3012 4350 South South South South Downing Sherman Broadway (business) Pennsylvania Council Member Higday asked City Attorney DeWitt to ex- plain the implications of 180 day clause that Don Smith referred to earlier. City Attorney DeWitt stated Mr. Smith indicated the 180 day non-conforming termination clause would effectively terminate on the day that the ordinance terminated. There might be another running of the 180 days from then on which would be a year period for the non-conforming terminating clause to be effective. Mayor Otis stated he was looking to a permanent ordinance to be put before Council in 90 days which would be well before the 180 day period has passed. Mayor Otis asked for the next person wishing to speak in favor of the proposed ordinance • I • • • • February 5, 1981 Page 5 • • .. Marjorie Becker, 644 E. Yale Place, appeared before Council. Mrs. Becker gave testimony in that she agreed with Mr. Smith's earlier comments. She urged Council to act expedi- tiously getting a permanent ordinance against adult entertain- ment businesses. Reverend Smith, First Baptist Church, 3170 South Broad- way, appeared before Council. Reverend Smith gave testimony that the business had a detrimental effect on the neighborhood and re- lated several incidences that happened at the church since the business moved in. Reverend Smith stated he agreed with Don Smith and urged Counc~~J}o~~ ~~non this matter. Tim ·Xi:sbahl, business owner at 4509 South Broadway, ap- peared before Council. Hr. Arsbahl gave testimony that the since the adult entertainment business moved in the area has gone down- hill and cautioned there would be a continuous downgrade trend if the business was allow to stay. James Copeland, business owner at 4595 South Broadway, appeared before Council. Hr. Copeland gave testimony that he understood the City Attorney's position but felt Council should assert itself and go with what the citizens believe in and not with legislation that they think will go through. Mr. Copeland described how the shops and people who work in the area have be- come frightened. Jim Jeffers, owner of Lock & Key, 4371 South Broadway, appeared before Council. Hr. Jeffers gave testimony that his business was located across from the adult entertainment busi- ness and that permission to allow the book store to remain was just asking for people to put bars on businesses and homes. George Hall, 4298 South Pearl, appeared before Coun- cil. Hr. Hall gave testimony that he agreed with Don Smith and suggested looking into the wrecking yard ordinance for research purposes. Adrian House, First Christian Church, 3190 South Grant, appeared before Council. Mr. House gave testimony commending the City Council for their community concern in this effort. Mr. House stated the adult entertainment business was not conducive to a family community and there was no proven reason of any social value for its existence. Barbara Blair, 4409 South Bannock, appeared before Council. Mrs. Blair gave testimony expressing appreciation for Council's efforts for this legislation. Ms. Blair stated she I • • • February 5, 1981 Page 6 • • • f elt En glewo o d is a good ne ighborhood to r a i se her chi ld r en a nd to allow the a d ult ente rt a inment busin e ss t o remain wou l d pro- mote van d a lism and other c r ime . Judy McGruder, 4 66 0 So uth Gala pago, appeared b efore Counci l . Mrs. McGruder te s tified t ha t s he was ap palled that few parents wer e a t the mee t ing and, f urther, that teenagers were hard enough t o ra i se , let alone having the store's in f luence. Debbie Blomberg, 4527 South Lincoln, appeared before Council. Mrs. Blomberg testified that she felt people who visited the adult book store wou l d leave magaz i nes and paraphernalia in the neighborhood parks , l ike they leave newspapers. Mrs. Blomberg stated that the 1 ,000 feet promixity for the location of the book store to a church and school was t oo c l ose. Counc i l Member Hi gday asked Police Chief Holmes if he had increased the patrol i n the vicinity of the book store. Pol i ce Chief Robert Holmes appeared before Council. The Chief testified that patrol had i ncreased and further testified to the legislation under which he can enforce policing in this area. Chief Holmes stated it had been his experience that in every sex-related case that he or his officers have investigated, that the perpetrator has been stimulated by pornography. However, if the pornography was not available, he did not know if the crime would have been comm i tted. Chief Holmes continued to state how strongly he felt the need for public protection in this matter. Lee W. Fowler, 3926 South Pennsylvania, appeared before Council. Mr. Fowler gave testimony in support of the ordinance. Mayor Otis declared a recess at 8 :25 p.m. The Council reconvened at 8:40 p.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. Mayor Otis asked for further comments from the audience who wished to speak in support of the ordinance. Ellen Velesquez, 80 East Tufts Ave., appeared before Council. Mrs. Velesquez gave testimony that she felt the child- ren would learn enough from the "streets" without going to a • I • • • • • February 5 , 1 981 Page 7 • • • adult book store. She stated she was afraid to walk home from work which was only a block away. She hoped the ordinance would be made permanent and that no more adult book stores would be permitted. Bill Taylor, 4350 South Pennsylvania, appeared before Council. Mr. Taylor gave testimony that he was appearing on behalf of his daughter. He told of an incident in which someone tried to break into and enter his house and commended the police for the swift response to his call. Mr. Taylor asked Council to keep the adult entertainment businesses from coming into the City. There were no further comments from the audience in support of the ordinance. Mayor Otis asked if anyone wanted to speak against the ordinance. No one responded. Council Member Higday entered into the record letters from Cindy Rausch -no address, and Nancy Conklin, 4795 South Kalamath, both in support of the ordinance and protesting the existing adult book store • COUNCIL MEMBER BRADSHAW MOVED TO CLOSE THE PUBLIC HEAR- ING. 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. 21 SERIES OF 1981 BY AUTHORITY COUNCIL BILL NO. 20 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING CHAPTER 22 CONSTITUTING THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF ENGLEWOOD, COLORADO, ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED, BY ADDING SECTIONS 22.4-10 h., 22.4-11 h., 22.4-13 k., 22.14 i., TEMPORARILY PROHIBITING THE ESTABLISHMENT IN CERTAIN AREAS OF THE CITY OF ENGLEWOOD "ADULT ENTERTAINMENT" BUSINESS AS DEFINED HEREIN AND DECLARING AN EMERGENCY. I • • • February 5 , 198 1 Page 8 • • • COUNC I L MEMBER BRADSHAW MOVED TO PASS CO UN CI L BILL NO. 20 , SERIES OF 19 8 1, ON FIN AL RE AD ING . Council Memb e r Keena s eco n d e d t h e motion . COUNC IL MEMB ER FITZP ATRICK MOV ED TO AMEND THE MOTION BY ADDING TO THE ORDINAN CE 22 .6 -11 ''NON-CONFORMING USES TO TERMI - NATE 180 DAYS" AS SEcr i ON 10 . Co uncil Me mb e r Keena seconded the motion. Upon a call o f the r ol l, the vote on the amendment re-sulted as follows : Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bi l o , Bradshaw, Otis. None. The Mayor declared the motion carried. City Attorney DeWitt commented on the rationale behind the City's efforts to make the proposed amendments responsible and effective legislation that would pass in Court. The temporary or- dinance was a "stop gag" measure to provide research time to pre- pare a permanent and successful ordinance. Mr. DeWitt spoke on what other cities throughout the United States have done along this line. Mayor Otis called for a vote on the original 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 thanked the people for coming to the meeting and expressing their opinions. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at 9:05 p.m. ~uty City Clerk • I • • • • • 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 • • • J • 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 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 • • n • t • • February 17 , 198 1 Page 3 • • - Assistant City Manager Wanush presented a Counc i l 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 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, 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 : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • • • 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, 198 1 Page 6 Nays : None . • • • The Ma yor dec la red the motion car r i ed . ORDINANCE NO. 24 SERIES OF 1981 * * * * * * BY AUTHOR I TY 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 . IJ- • II • II • • 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 . • I • • • February 17, 1981 Page 8 .. • • • COUNCIL MEMBER NEAL MOVED TO POSTPONE COUNCIL BILL NO. 28, SERIES OF 1981, UNTIL THE NEXT MEETING. 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. 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 • v lo . " ; • • • • • February 17 , 1981 Page 9 .. A BILL FOR • • - AH ORDINANCE ESTABLISHING A SPECIAL nJND OF THE CITY TO BE ICMOWM AS THE "MALLEY CENTER TRUST nJND" FOR THE BENEFIT OF THE EMGLEWOD SENIOR CITIZENS RECREATIONAL CENTER ADDING A MEW SUBSECTION TO TITLE XIII, CHAPTER 5, OF THE '69 EMGLEWOD MUNICIPAL CODE. COUNCIL MEMBER BRADSHAW K>VED TO PASS COUNCIL BILL MO. 30, SERIES OF 1981, OM FIRST READING. Council Member Fitzpatrick seconded the motion. COUNCIL MEMBER BRADSHAW K>VED TO AMEND THE K>TION 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: Mays: Council Members Higday, Meal, 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 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 complain~ in a matter of American Employers Insurance Company vs. the City of Englewood • • I • • D • • 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 : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • • • • • February 1 7, 19 81 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, 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 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 • • • • • ,. • 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 . • ..;In f • • • • - P R 0 C L A M A T I 0 N ------------ WHEREAS, Englewood Police Officers James Hinson and Michael Swan pursued bank robbery suspects,under fire and at great personal risk to themselves, in a courageous and professional manner on the 20th day of February, 1981; and WHEREAS, through the efforts of Officers Hinson and Swan, including confronting five robbery suspects, the Englewood Police Department was able to promptly and efficiently apprehend four of the robbery suspects and recover funds taken from an Englewood bank; and WHEREAS, Officers Hinson and Swan acted in a manner consistent with the highest standards of the Law Enforcement Code of Ethics. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, hereby commend JAMES HINSON and MICHAEL SWAN for their courageous and professional apprehension of robbery suspects and recovery of funds taken from an Englewood bank. GIVEN under my hand and seal this 9th day of March, 1981. • I • • ( • • • • - P R 0 C L A M A T I 0 N WHEREAS, Englewood Police Officers James Hinson and Michael Swan pursued bank robbery suspects,under fire and at great personal risk to themselves, in a courageous and professional manner on the 20th day of February, 1981; and WHEREAS, through the efforts of Officers Hinson and Swan, including confronting five robbery suspects, the Englewood Police Department was able to promptly and efficiently apprehend four of the robbery suspects and recover funds taken from an Englewood bank; and WHEREAS, Officers Hinson and Swan acted in a manner consistent with the highest standards of the Law Enforcement Code of Ethics. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, hereby commend JAMES HINSON and MICHAEL SWAN for their courageous and professional apprehension of robbery suspects and recovery of funds taken from an Englewood bank. GIVEN under my hand and seal this 9th day of March, 1981. • , I • • • - P R 0 C L A M A T I 0 N ----------- WHEREAS, Englewood Police Officers James Hinson and Michael Swan pursued bank robbery suspects, under fire and a t great personal risk to themselves, in a courageous and professional manner on the 20th day of February, 1981 ; and WHEREAS, through the efforts of Officers Hinson and Swan, including confronting five robbery suspects, the Englewood Police Department was able to promptly and efficiently apprehend four of the robbery suspects and recover funds taken from an Englewood bank; and WHEREAS, Officers Hinson and Swan acted in a manner consistent with the highest standards of the Law Enforcement Code of Ethics. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, hereby commend JAMES HINSON and MICHAEL SWAN for their courageous and professional apprehens ion of robbery suspects and recovery of funds taken from an Englewood bank. GIVEN under my hand and seal this 9th day o f March, 1 981. Mayor • I • • n • • • • .. • Community Bank Marc h 6, 1981 S. G. Seay Pres ident c Mayor Eugene Otis City of Englewood 3400 South Elat i Englewood, Colorado 80110 Dear Mayor Otis, All of us at Community Bank and Trust Company would like to commend to y ou, Officers Mike Swan and Jim Hinson of our Englewood Police Department. The actions taken by these two men, following the armed hold-up of our Bank on February 20th, were not only heroic , but clearly demonstrated the high caliber of our city 's Police Department. We would also like to point out the cooperation and under- standing given to us by all of the Department in the inter- views and examination of the premises following the incident. We are indeed proud and grateful to be a part of this community. Yours very truly, . ---:>-....-----c--:; ~ . / -.. c:s •. ~ S. G. Seay President SGS:jd CC : Police Chief, Robert Holmes a~~ :n '1-,'a o. \. ) v '-'Y--J) } CJ vu lA " Community Bank & Trust Company, 5050 South Broadway, Englewood , Colorado 80110 'flt(! d-J -q -F I -Cc._U-f-~-/1 '2 &I _//TU~~·?-- Phone 303 /789 -2531 -i.e..u • • 0 • I • • Community Bank • • • • Mayor Eugene Otis City of Englewood 3400 South Elati Englewood, Colorado 80110 • 0 I • • • • • • • P R 0 C L A M A T I 0 N ----------- WHEREAS, the Enqlewood Police Department , on the 20 h day of F bruary, 1981 , apprehended four robbery suspects and recovered funds aken from an Enqlewood bank; and WHEREAS, the Enqlewood Police Department did so in a couraqeous and professional manner; and WHEREAS, th Enqlewood Police Department has acted in a manner consistent with the hiqhest standards of the Law Enforcement Code of Ethics. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Enqlewood, Colorado, hereby commend the ENGLEWOOD POLICE DEPARTMENT for their professionalism in apprehending four robbery suspects and recovering funds taken from an Englewood bank. GIVEN under my hand and seal this 9th day of March, 1981. I • • ( • • • • • WHEREAS, the Englewood Police Department, on the 20th day of February, 1981, apprehended four robbery suspects and recovered funds taken from an Englewood bank; and WHEREAS, the Englewood Police Department did so in a courageous and professional manner; and WHEREAS, the Englewood Police Department has acted in a manner consistent with the highest standards of the Law Enforcement Code of Ethics. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, hereby commend the ENGLEWOOD POLICE DEPARTMENT for their professionalism in apprehending four robbery suspects and recovering funds taken from an Englewood bank. GIVEN under my hand and seal this 9th day of March, 1981. .... I J I • • ' • • • • - P R 0 C L A M A T I 0 N --------- WHEREAS, the Englewood Police Department, on the 20th day of February, 1981, apprehended four robbery suspects and recovered funds taken from an Englewood bank; and WHEREAS, the Englewood Police Department did so in a courageous and professional manner; and WHEREAS, the Englewood Police Department has acted in a manner consistent with the highest standards of the Law Enforcement Code of Ethics. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, hereby commend the ENGLEWOOD POLICE DEPARTMENT for their professionalism in apprehending four robbery suspects and recovering funds taken from an Englewood bank. GIVEN under my hand and seal this 9th day of March, 1981 . Mayor I • • n f • • - P R 0 C L A M A T I 0 N WHEREAS, Mr. Kells Waggoner has been of service to the City of Englewood since 1964, first as City Engineer and, since 1967, as Director of Public Works: and WHEREAS, throughout Mr. Kells Waggoner's career with the City, he has led the Office of the City Engineer and the Department of Public Works in an innovative and progressive manner; and WHEREAS, Mr. Kells Waggoner has been chosen one of the top 10 Public Works leader• of the year 1981 by the American Public Works Association. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, hereby commend KELLS WAGGONER for his dedication to duty with the City of Englewood and upon his being distinguished as one of the top 10 Public Works leade rs of the year by the American Public Works Association. 1981. GIVEN under my hand and seal this 9th day of March, • I • • • - P R 0 C L A M A T I 0 N WHEREAS, Mr. Kells Waggoner has been of service to the City of Englewood since 1964, first as City Engineer and, since 1967, as Director of Public Works; and WHEREAS, throughout Mr. Kells Waggoner's career with the City, he has led the Office of the City Engineer and the Department of Public Works in an innovative and progressive manner; and WHEREAS, Mr. Kells Waggoner has been chosen one of the top 10 Public Works leaders of the year 1981 by the American Public Works Association. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, hereby commend KELLS WAGGONER for his dedication to duty with the City of Englewood and upon his being distinguished as one of the top 10 Public Works leaders of the year by the ~merican Public Works Association. GIVEN under my hand and seal this 9th day of March, 1981. • I • • • .. P R 0 C L A M A T I 0 N WHEREAS, Mr. Kells Waggoner has been of service to the City of Englewood since 1964, first as City Engineer and, since 1967, as Director of Public Works; and WHEREAS, throughout Mr. Kells Waggoner's career with the City, he has led the Office of the City Engineer and the Department of Public Works in an innovative and progressive manner; and WHEREAS, Mr. Kells Waggoner has been chosen one of the top 10 Public Works leaders of the year 1981 by the American Public Works Association. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, hereby commend KELLS WAGGONER for his dedication to duty with the City of Englewood and upon his being distinguished as one of the top 10 Public works leaders of the year by the American Public Works Association. GIVEN und er my hand and sea l this 9th day o f March, 19 81 . Mayor • I • • • - P R 0 C L A M A T I 0 N WHEREAS, the Order of DeHolay was founded and organized more than sixty years ago by Frank S. Land to provide proper training and guidance to better citizenship for boys between the ages of 13 and 21 years; and WHEREAS, there are more than 2, 400 DeMo lay Chapters in the United States, Canada, and throughout the free world; and WHEREAS, membership in DeHolay is a constant bond among the tens of thousands of young men throughout the world; and WHEREAS, a DeMolay obligates himself on the Holy Bible to be a better son and man; to honor his parents; to honor and protect all womanhood; to love and serve God, his country, and fellowmen; to uphold public schools; to slander no one; and to exercise tolerance in opinions of others. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the we ek of March 15 through March 22, 1981 as DeMOLAY WEEK in the City of Englewood. And let it be known that the citizens of our City commend these youth s for their endeavors in rea ching and maintaining the high goals they have set for themselves. GIVEN under my hand and seal this 9th day of March, 1980. Eugene L. Otis, Mayor • I • • t • • • • • L I • , (. .. ( / ( ( r ( • • • - ?ef;.J.,-cN fo es-IAbL :~IJ I'~A#>,·c. L;~~f A.f S.J.qfJtok~ IJNJ. Lo~/9N .5./Reet~. f"oR pRope~..J.'( fJ"'-<9. f8~B& •• tl ,.L i511ftey· PeR -;soNAL NArAe 11~~ R.e~ 5 4-s-s-r 5 • t-. 0 ~/\/' L/J"S ( ;;, L 0 p/ ~-5'.25 ~--I~-17 -~ ~5 ;c J J; ?~ ~..., 36 s. L , c;_,J J-1£1 0 ~ s.; ~__.;? 'I '/ t9 1 .£-& ' cA [.1' ~ c.,t 'II' d -;s 0 £v qa... .._. I /fLI 1 f -4 . /ogtf-- • I . • I I I t f • • • • ~e-l;~,o"' fo e s -I~J'oL.'stJ 1AAtf';c. At S".f;qr4foR.~ ~,..tJ_ Lo~4-tJ S-f.n.eefs . p~o pe..rt +y fltolJ... I p a 2 :ill SArt~r . ~ASo~AL -Y'-r6 ,... ..-</:,, ?(./.? 7, 11'11 A. \P~. 1j 'f .:{_3 JJ.. ~ l.f c.r-tJ Cl ~ .:?~ 7/ry~ ~-~ ... - L.f.l/4"! s a /~ 'ftfs'tJ $d f~ 44&0 S -/J . 1./c/t,o ? fk;v I 1'170 5 !(_,.,..~ i-j 1.)71. s £~ '2::> 1 'f ?6 S' \_a-z.~-'L 'frti-v -S . JJ~ • I . • • • .. • , • • • • I . • • • • • • • • • City of Englewood 3400 S. Elato Street Englewood , Colorado 80110 March 4, 1981 Phone (J03 )76 1-11<40 Mayor Eugene L. Otis Members of the Englewood City Council 3400 South Elati Street Englewood, Colorado 80110 Dear Mayor Otis and City Council Members : At the March 3, 1981 meeting of the Planning and Zoning Com- mission, the members voted (5 to 2) to request additional funding from the City to send a second Planning Commissioner to the annual American Planning Association conference in Boston (April 25-29). While it is customary for one com- missioner to attend each annual conference, it is requested that a second commissioner be sent by the City because of the important value of this conference. Mr. Eddie Tanguma will be present at the City Council meeting to explain this request . Thank you for your consideration. Sincerely, ·1 .,l ~~ v ·\j.,\.:~\\ke J~~~ggs Pierson, Chairman City Planning and Zoning Commission . gw I • • • • • .. BOARD OF ADJUSTMENT AND APPEALS CITY OF ENGLEWOOD, COLORADO DECEMBER 10, 1980 MINUTES 5 A The regular meeting of the Board of Adjustment and Appeals was called to order at 7:35 p .m. by Chairman Howard Brown, MEMBERS PRESENT: Leonard, Gage, Hallagin, Dawson, Kreiling, Brown MEMBERS ABSENT: Seymour ALSO PRESENT: Clark, Assistant City Attorney Pittman, Chief Building Inspector Powers, Director of Community Development Conley, Recording Secretary Board Member Seymour arrived at 7:40 p .m. Chairman Brown introduced Ms . Susan Powers, who was recently appointed Director of Community Development for the City of Englewood, * * * * * * • I • • • • • .. -2- JACK T. FIRTH 3280 SOUTH SHERMAN STREET CASE 61-80 REQUEST: The applicant is requesting a variance to permit the use of these premises as a commercial repair garage . This hearing is to consider renewal of a previously granted variance for the commercial garage. This is a variance of the Comprehensive Zoning Ordinance Section 22.4-5 b . -Permitted Principal Uses . Chairman Brown verified that proper posting and legal advertising of this case had been given. The staff report was read and submitted to record . Lucille D. Firth, 3280 South Sherman Street, was sworn in for testimony . Mrs. Firth stated she was representing her husband tonight . She stated the garage is a thriving business and quite a number of people depend on the garage for their service work . Mrs. Firth's son is still operating the business along with Mr. Firth . Mrs . Firth submitted a petition containing signatures of neighbors in favor of continuing the variance. There was nc one present who wished to speak in favor of or in opposition of the variance. Chairman Brown closed the Public Hearing . BOARD MEMBER HALLAGIN MOTIONED THAT IN CASE NO. 61-80, JACK T. FIRTH, 3280 SOUTH SHERMAN STREET, BE GRANTED A VARIANCE TO PERMIT THE USE OF THESE PREMISES AS A COMMERCIAL REPAIR GARAGE. THIS HEARING IS TO CONSIDER RENEWAL OF A PREVIOUSLY GRANTED VARIANCE, FOR THE REPAIR GARAGE, FOR ONE (1) YEAR. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE SECTION 22.4-5 b. -PERMITTED PRINCIPAL USES . Board Member Gage seconded the motion. All members cast their votes . The vote resulted as follows: AYES: Leonard, Gage, Hallagin, Dawson, Seymour, Kreiling, Brown NAYS: None Chairman Brown stated that with seven (7) affirmative votes the variance was GRANTED. • I • • • • • • .. .. -3- FINDINGS OF FA CT Mr. Leonard stated that the six (6) conditions for granting a variance had been met . There were no objections from the neighbors . This will be a continuance of a previously granted variance and will be renewed after one {1) year. Mr . Gage stated the requirements for granting a variance have been met. The applicant submitted a petition containing signatures of neighbors in favor of the variance. This is the forth renewal of this variance. Ur. Hallagin stated there were no complaints from the neighbors. This is a hardship case and there is a need for these smaller repair garage facilities. Mrs. Dawson stated there was a petition submitted which contained signatures of neighbors, who were in favor of the variance. This will provide a job for the applicant's son and people need a facility to have tLeir cars serviced. Mr . Seymour stated there was no opposition to the variance and no complaints had been received . Mr. Firth has a hardship in his present position. Mr. Kreiling stated there were seveot~five (75) names, more or less, of neighbors who were in favor of the continuance of the repair garage. Mr. Brown stated the business is run in a proper manner and there is no objections from the neighbors. * * * * * * JOHN A BARTON 4400 SOUTH HURON STREET CASE 62-80 REQUEST: The applicant is requesting a variance from the required lot width of 75 ft . to 60 ft. for the purpose of constructing a single-family dwelling unit. This is a variance of the Comprehensive Zoning Ordinance Section 22 .4-4 f. {2)(a) -Minimum Frontage of Lot. Chairman Brown verified that proper posting and legal advertising of this case had been given. The staff report was read and submitted to record • • I • • • • • • • -4- John A. Barton, 4400 South Huro n Stre et, was s worn in for testimony. Yr. Harton stated the var i ance would allow him to build a s ingle- family residence for his sister and her f amily. T h e l ot i s o v e r s i zed and the division will produce two (2) parcels wi th the prope r s quare footage requirement. Four (4) letters of approval from the neighbors were submitted to the Board. Mr . Barton stated the new single-family residence would be addressed on Radcliff . Joyce Barton, 4590 South Huron Street, was sworn in for testimony. Ms. Barton stated at this time she is presently renting a house in Englewood. She stated there is a problem with finding a large enough house for her five (5) children in a price that she could afford. Chairman Brown asked if there was anyone who wished to speak in opposition to the variance. Recording Secretary Conley submitted a letter in opposition to the variance. The letter was received in the Building Department on December 10, 1980 at 10:35 a.m . Chairman Brown closed the Public Hearing . BOARD MEMBER SEYMOUR MOTIONED Tl~T IN CASE NO. 62-80, JOHN A. BARTON, 4400 SOUTH HURON STREET, BE GRANTED A VARIANCE FROM THE REQUIRED LOT WIDTH OF 75 FT. TO 60 F'r. FOR THE PURPOSE OF CONSTRUCTING A SINGLE-FAMILY DWELLING UNIT . THIS IS A VARIANCE OF THE COUPREHENSIVE ZONING ORDIHANCE SECTION 22.4-4 f. (2)(a) -MINIMUM FRONTAGE OF LOT. Board Member Dawson seconded the motion. All members cast their votes. The vote resulted as follows: AYES: Leonard, Gage, Hallagin, Dawson, Seymour, Kreiling, Brown NAYS: None Chairman Brown stated that with seven (7) affirmative votes the variance was GRANTED . FINDINGS OF FACT Mr. Leonard stated a hardship has been proven, there is a definite problem in finding a place that will house five (5) children. The six (6) conditions for granting a variance were met . The applicant submitted four (4) letters of approval from the neighbors • • I • • • • • • • -5- Mr. Gage noted there were four (4) letters of approval from the neighbors. The six (6) conditions for granting a v ariance were met. Mr. Hallagin stated there were four (4) letters from the adjacent neighbors in favor of the variance. There was a letter in opposition from the neighbors at the other end of thE> block, but they were not present at the meeting. Mrs. Dawson indicated there is plenty of room for the new building on the proposed site. The applicant had four (4) letters of approval from his neighbors. Mr. Seymour indicated there is a hardship in providing housing for the applicant's sister and her family. There was support from the immediate neighbors and the lot does meet the minimum requirements for square footage. Mr. Kreiling noted the opposition emphasized the smaller lot frontage and did not take into account that the square footage of the lot would meet the zoning requirements. Mr. Brown concurred with the reasons that had previously been given. PAUL BAGLEY PAT DAVIS MICHAEL STRUEWIHG • • • • • • 3963 SOUTH DELAWARE STREET CASE 63-80 REQUEST: The applicant is requesting a variance from the required (a) minimum area of lot of 6,000 sq. ft. to 5,875 sq. ft., (b) minimum lot frontage of 50 ft. to 47ft., (c) minimum sideyard of 3ft. to 2.4 ft. for the purpose of constructing a single-family dwelling unit. By splitting this parcel, as proposed, the sideyard encroachment violation will be created by the existing single-family dwelling unit. This is a variance of the Comprehensive Zoning Ordinance Section 22 .4-4 c . (2)(a) -Lot Area, Section 22.4-4 f. (2)(a) -Lot Frontage, Section 22.4-4 i. (2)(a) -Minimum Sideyard and Section 22.5-12 - Use of Required Yard. Chairman Brown verified that proper posting and legal advertising of this case had been given. The staff report was read and submitted to record • • I • • • • • -6- Paul Bagley, 4170 South Elati Street and P eter Eli as, 9 Du tch Creek Drive, Littleton, were sworn in for testimony . Mr . Elias stated he was the lister of the prope rty and noted that property had been on the market f o r se veral mo nths . He indicated the property was oversized and this bas made it dif fic u lt to fi nd a prospective buyer . He noted the present ow n ers wished to move from the neighborhood and they felt the property wo u l d yiel d a better r e turn if sold as two (2) building sites. The varian ce would be for approximately six percent (6%) less than what is presently r e quired by the zoning ordinance . The new site wo uld allow Ur . Bagley and his family the opportunity to build a n ew home that they could afford . Mr . Paul Bagley claimed h e coul d not afford to have a new home bu ilt fo r his family . With this parcel he could build the home at a price that would be econom ically feasi ble . The home could be completed Within three ( 3) months . Chairman Brown asked if there was anyone present who wished to speak in favor of the variance . Lo ren E . Evans, 3962 South Delaware Street, was sworn in for testimony . If the variance is approve, h e stated, it will allow his family the opportunity to mo ve out of the neighborhood . He feels the price of houses today is almo st out of reach for young families . Chairman Brown asked if t h ere was anyone present who wished to spe ak i n opposition to the variance . Emanuel Wallin, 3987 South Delaware Street, was sworn in for testimony . Ur . Wallin indicated he lived in the house directly South of the pro- posed site . He feels the variance will devalue his property and will not upgrade the neighborhoo d as the ordinance was intended. The variance will move the n ew house too close to his property line . Viola Winkle, 3990 South Delaware Stree t, was sworn in for testimony . Mr s. Winkle has lived in th e neighborhood for the past fifty (50) years . She i ndi cated th is is a very stable neighborhood and this un ders ized lot will not confo rm to the present neighborhood . The neighborhood ha s been continually upgraded over the past years. Michael Bilo, 3988 South Delaware Street, was sworn in for testimony . Mr . Bilo pointed out he was in favor of developing Englewood's vaca nt lots into h ousi ng sites, but his lot has already been developed . He noted the appli cant h as not met all the conditions required for a variance . He feels the present variance will not benefit the o wner, but will b e to the benefit of the new owners . • I • • • • • • -7- Speaking in rebuttal, Mr. Elias stated the new single-family dwelling will not be encroaching into the sideyard setback of the property at 3897 South Delaware Street. He stated that severa l houses in the area that are built on smaller lot frontage than what is requested tonight. He noted that a new single-family dwelling can not devalue the neighborhood . Chairman Brown closed the Public Hearing. BOARD MEMBER KREILING MOTIONED THAT IN CASE NO. 63-80, PAUL BAGLEY, MICHAEL STRUEWING AND PAT DAVIS, 3963 SOUTH DELAWARE STREET, BE GRANTED A VARIANCE FROM THE REQUIRED {a) MINIMUAI AREA OF LOT OF 6,000 SQ. FT. TO 5,875 SQ. FT., (b) MINIMUM LOT FRONTAGE OF 50 FT. TO 47FT., {c) MINIMUM SIDEYARD OF 3FT. TO 2.4 FT. FOR THE PURPOSE OF CONSTRUCTING A SINGLE-FAMILY DWELLING UNIT. BY SPLITTING THIS PARCEL, AS PROPOSED, THE SIDEYARD ENCROACHMENT VIOLATION WILL BE CREATED BY THE EXISTING SINGLE-FAMILY DWELLING UNIT. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE SECTION 22 .4-4 c . (2)(a) -LOT AREA, SECTION 22.4-4 f. (2)(a) LOT FRONTAGE, SECTION 22.4-4 i. (2)(a) -MINIMUM SIDE- YARD AND SECTIQ ~; 22.5-12 -USE OF REQUIRED YARD. Board Member Seymour seconded the motion. All members cast their votes. The vote resulted as follows: AYES: Brown, Kreiling NAYS: Leonard, Gage, Hallagin, Dawson, Seymour Chairman Brown stated that with two (2) affirmative votes and five (5) opposing votes the variance was DENIED. FINDINGS OF FACT Mr. Leonard noted that no hardship was shown. The bouse will be approximately eight (8) feet from the neighbor on the South. There were objections from the neighbors. Conditions number one (1), four (4), five (5) and six (6) for granting a variance were not met. Mr. Gage indicated all six (6) conditions for granting a variance were not met. There was strong opposition from the neighbors in the block • I • • • • • • • • • -8- Mr, Hallagin noted conditions numb e r o ne (1), four (4) and six (6) for granting a varian c e were n o t me t. He stated he would like to see more single-family homes in Englewood, but felt this is not the right neighborhood, Mrs, Dawson indicated the r e was strong opposition from the neighbors and there was not hards h i p shown. Mr . Seymour stated n o hardship was shown. Four (4) or five (5) neighbors were opp os ed to granting the v ariance. Conditions number one (1), three (3), fo ur (4) and six (6) for granting a variance were not met, Mr . Kreiling indi cated he voted in favor a useless piece of prop e rty, at pres e nt. the zoning requirements would be minimal character of the neighborhood, of the variance, as this is He noted the change from and it will not alter the Mr . Brown also was in favor of granting the variance. This variance will be upgrading the neighborhood and providing a home for young families. • * * • • * Chairman Brown declared a recess at 9:10p.m. The Board reconvened at 9:30p.m. Chairman Brown asked for a roll call. Upon a call of the roll, the following were present . Board Members Leonard, Gage, Hallagin, Dawson, Seymour Kreiling, Brown ABSENT: None * * • • * * JOAN R. McNAMAR 3298 SOUTH LAFAYETTE STREET CASE 64-80 REQUEST: The appli cant is requesting a variance from the 1969 Englewood Municipal Code, as amended, Section 3-2-3 b. 1 & 4 -Fences, The applicant proposes to build a 48" chain link fence along the South property line, The fence will be located seven (7) feet from the sidewalk and will not extend further West that the rear of the house, The staff report was read and submitted to record, • I • • • • • .. -9- Joan R. UcNamar, 1818 South Onieda, Denver, was sworn in for testimony . Mrs . UcNamar clarified that her son and daughter-in-law reside at the property and that she manages the property for her mother and is representing her tonight . The additional height request is to help prevent vandalism of the property and to keep the dog contained in the backyard . The dog is a watch dog and she does not want to see anyone get hurt by the dog . The fence on the North is a 48" picket and the dog does not seem to want to jump it . There was no one present who wished to speak in favor of or in opposition of the variance . Chairman Brown closed the Public Hearing . BOARD MEMBER HALLAGIN MOTIONED THAT IN CASE NO . 64-80, JOAN R. McNAMAR, 3298 SOUTH LAFAYETTE STREET, BE GRANTED A VARIANCE FROM THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, SECTION 3-2-3 b . 1 & 4 -FENCES. THE APPLICANT PROPOSED TO BUILD A 48" CHAIN LINK FENCE ALONG THE SOUTH PROPERTY LINE . THE FENCE WILL BE LOCATED SEVEN (7) FEET FROM THE SIDEWALK AND WILL NOT EXTEND FURTHER WEST THAI~ THE REAR OF THE HOUSE. Board Member Gage seconded the motion . All members cast their votes . The vote resulted as follows: AYES: Leonard, Gage, Hallagin, Dawson, Seymour, Kreiling, Brown NAYS: None Chairman Brown stated that with seven (7) affirmative votes the variance was GRru~TED . FINDINGS OF FACT Mr . Leonard said there is a hardship case from the vandalism that has occurred . The additional height will keep the dog in the backyard and will protect people that pass by. There were three (3) letters of approval from the neighbors . Mr. Gage noted this fence will~rovideadded protection from vandals. The applicant submitted three (3) letters of approval and there were two (2) more coming in . Mr. Hallagin agreed there was no opposition to the variance. There is a hardship with the vandalism that has occurred previously • • I • • • • -10- Mrs . Dawson stated the additional h eight will cut d ow n on the vandalism and help keep the do g in the backyard . There we re three (3) letters of approval from the n eighbors . Mr . Seymour stated the fence wil l only be additional six (6) inches higher than the ordinance allows . It is b ac k f rom the corner and will not create an obstruction . Mr . Kreiling stated this is a r e aso nab le request and is not subject to the six (6) conditions for granting a varian ce . Mr. Brown stated there is a need for the additional height and there were no objections from the n eighbors . • • • • • • MARK DUSHOFF 301 WEST LEHOW AVENUE CASE 65-80 REQUEST: The applicant is requesting a variance for construction of ) storage lockers out of either chain link fencing; or plywood to a height of 3/4ths of the room height with chain link fencing above; or total plywood and wood framing of fire treated wood . In lieu of one (1) hour partitions as interpreted by the Englewood Building Department . This is an appeal of the 1979 Uniform Building Code Section 1705 .b . Fixed Partitions . The staff report was read and submitted to record . Bill Belong, architect with Belong-Rogers, was sworn in for testimony . Mr. Belong stated they were proposing storage lockers out of chain link fencing, plywood to a height of 3/4ths of the room height with chain link fencing above or ply wo od a nd wood framing with fire treated wood in lieu of the one-hour parti tions . These would be buildings4-A, 6-A and 2-A . He stated that fixed partitions are not defined in the Uniform Building Code . The exterior walls , ceiling and floors has been treated with one-hour construction . He stated the contractor would increase the cost of the project by approximately $30,000.00 if the one-hour requirement were to be met. At that cost it would not be e conomically feasible for the owner to build the storage lockers . Mr. Belong quoted 1705 b . of the 1979 Uniform Building Code reference to alternate materials . He stated the storage area would be unoccupied and would meet the provision for one tenant or less . Gary Pittman, Chief Building Inspector, stated the plans were sent out to Architect-Engineers West, for plan review . Jerry George of the firm made specific designations as to parts of the building that did not meet his interpretation of the bui•ld,in e code. A copy of this letter was attached to the staff report . He stated that Mr. Belong had inter- preted the . code to mean that the area required one-hour separation • I • • • • • .. -11- and the part itions in the room could be of non-c ombustible materials in accordance with Section 1702 of the 1979 Uniform Building Code, which allow specific non-combustible construction provi ded it does not create a corridor se rv i ng a occupant load of more than thirty. He had discussed this with Gerry George and determi ned that these were permanent partitions . The permanent walls and partitions of the storage area must b e of one-hour fire resistive construction . This was based on the fact these areas would be unsecured and unmonitored areas, where a fire could create a life safety hazard , It was our opinion this exemption did not apply and the part i tions must be of one-hour fi re resistive construction . Mr . Pittman stated his opinion was that they must be o f one-hour fi re resistive construction, but not necessarily of gypsum . Th e intent of the code is that any proposal, that is submitted, should be equivalent to and/or more than the code allows and this should be substantiated . The material submitted should be rated one-hour fire resistive construction or equivalent to that . Mr . Belong again quot e d Section 1705 b. of the 1979 Uniform Building Code. These are the exceptions to table 17-A . He stated there are two (2) stipulations to this, the first allows this exception to occur if a corridor serving an occupant load of thirty or more is not present . The one that is in dispute is partitions that divide portions of stores, offices or similar places occupie d by one tenant only , Mr . Pittman feels that this space is occupied by more than one tenant . This is where the dispute over the interpretation of the area has occurred . He stated they have looked at the alternatives and found a couple that may work . There may be some way to limit the use of the area to one tenant at a time, possibly through the use of a management company. This may also control what is stored in the area . The other, would be to provide one-hour separation between the laundry area and the storage area . He noted the most feasible was the proposal they were requesting . The other buildings would have a minimal storage area, most likely a small coat closet . If the proposal is rejected, th e owner, with the budget for the project, would leave the areas open . He not e d that dryw~l is the least expensive one-hour partition that could be built . Mr. Belong indicated the owner would be agree- able to any of the three (3) possibilities that were proposed . There was no one present who wished to speak in favor of or in opposition of the varian ce . Chairman Brown closed the Public Hearing . BOARD MEMBER LEONARD MOTIONED THAT IN CASE NO. 65-80, MARK DUSHOFF, 301 WEST LEHOW AVENUE, BE GRANTED A VARIANCE FOR CONSTRUCTION OF STORAGE LOCKERS OUT OF EITHER CHAIN LINK FENCING: OR PLYWOOD TO A HEIGHT OF 3/4THS THE ROOM HEIGHT WITH CHAIN LINK FENCING ABOVE; OR TOTAL PLYWOOD AND WOOD FRAMING OF FIRE TREATED WOOD . IN LIEU OF ONE (1) HOUR PARTITIONS AS INTERPRETED BY THE ENGLEWOOD BUILDING DEPARTMENT . THIS IS AN APPEAL OF THE 1979 UNIFORM BUILDING CODE SECTION 1705. (b) FIXED PARTITIONS • , I • • • • • • • • -12- Board Member Hallagin second ed h motion , All members c as t their votes. Th vo e resu lt ed as follows: AYES: None NAYS: Leonard, Gage , Hallagi n, Dawson, S eymour, Kreiling, Brown Ch airman Brown stated with seven (7) oppos ing v o tes tbe varian ce was DEN IED. FINDINGS OF FA CT Mr. Leonard s tat e d Section 1705 (b) of the 1979 Uniform Buildin g Code is not app licable . Th e alt e rnat e materials are not equivalent to one- hour fire r esistive constructio n. The plans have been reviewed by several bui l din g d e partments and e a ch con firms Mr. Pittman's rull~g. Mr . Gage stated th is wo uld be a variation of the building code and the area should be of o ne-hour fire resistive construction. Mr. Hallagin stated h e t ook t he same interpretation as the Chief Build- i ng Inspector . Without th e one-hour fire resis ti ve construction this would be a great er hazard to the occupants of the buildings, Mrs . Dawson stated there was a uniform code to safeguard people and it should be adher ed to. Mr. Seymour stated t hat c atch-all did not conform to the one occupancy exception. There was no eq ui vale n cy shown for the materials. It would also be in violatio n of the fire code. Mr. Kreiling stated it appeared the project was started without approved plans . The provision of toe co d e is not intended to preve nt the use of any material o r meth o d of constr uction n o t prescribed by this c ode, but no proof was s ubmi tted to the equivalency of the materials . Mr. Brown indicated t h e facts pr esen ted tonight did not substantiate a ny claims of eq u i vale n cy . * * * * * * • I • • • • • • • • • BOARD MEMBER SEYMOUR MOTIONED THAT THE MINUTES OF THE NOVEMBER 12, 1980 REGULAR MEETING OF THE BOARD OF ADJUST- MENT AND APPEALS STAND APPROVED AS WRITTEN. Hoard Member Hallagin seconded the motion. -13- Upon a call of the roll, all members voted in the affirmative. The minutes stand APPROVED as written. • • • • • • Discussion ensued with the Board in reference to the Findings of Fact and Certificat .ion of Posting that was submitted by Mr. Pittman. Mr. Pittman discussed the use of these documents versus the present system . It was felt that this might define and clarify the fact finding and the posting requirements. He indicated that both documents would be certified. HOARD MEMBER SEYMOUR MOTIONED THAT THE BOARD ADOPT THE POSTING REQUIREMENTS AND THE CERTIFICATION FORM, AS SUBMITTED, BY GARY PITTMAN, CHIEF BUILDING INSPECTOR, DATED DECEMBER 3, 1980, RE: POSTING REQUIREMENTS. Board Member Gage seconded the motion. Upon a call of the roll, all members voted in the affirmative. The motion was APPROVED. • * • • • * Chairman Brown informed the Board members that a letter has been sent to Council regarding an informal meeting of the two. • * * • • • There being no further business before the Board, Chairman Brown adjourned the December 10, 1980 regular meeting of the Board of Adjust- ment and Appeals at 10:50 p.m. • • • • • • • I • • • • • .. HI UTES OF ENGLEW OOD HOUSllG AUTHORITY SPECIAL MEETI Nv 5 January 14, 1981 The special meeting of the Engl~wood Housing Authority was called to order by Chairman Thomas J. Burns a 5:10 P.M. at the S imon Center, 3333 South Linc oln, Englewood, Colorado. Roll Call Members Present: Members Absent: Others Present: Thomas J. Burns, Chairman Betty Beier , Vice-Chairman Beverly Bradshaw Rev. Stan Fixter Cindy Peterson None rom Chandler, Nelson-Roth & Associates Kirk Wickersham, Attorney fo r EHA Jim Nelson, Nelson-Roth & As sociates Max Saul, Architect -arrived at 5:00 P.M. Susan Powers , Director of Community Development Frances Buck Jonas, E xe cutive Director, EHA Recording Secretary Mr. Burns asked Mr. Chandler fo r an update on the cost items from Brady Corpo- ration. Mr. Chandler stated tha Brady Corporation is to have their prices for Nelson-Roth on Monday, January 19th. Then Nelson-Roth wi ll meet with BUD on Tuesday, January 20th, to negotiate a price for the elderly high-rise . Mr. Burns asked how this negotiation process works wi th HUD after re ceiving the cost items from Brady Corporation the day before. Mr . Chandler stated t hat once they •ave Brady's price they can put all the financing and e verythi ng else that is in it into the process and then come up with a fi g ure. BUD will then tell Nelson-Roth what their dollar amount is. Then Nelson-Roth c ompares their figures with HUD 's to see where they stand. Mr. Burns stated that Bra dy Corporation has already advised the EHA that he is over the budget. Mr. Chandler sta ted tha h e h as not heard this from Mr . Brady. Mrs. Jonas s t a t ed tha Mr . Br ady told h e r t h is y esterday. Mr . Chandler s t ated that a s far as h e was conc erned if Brady's price came in way over budget, Ne lson-Roth would have to take it t o bid again. Mr. Nelson stated t hat it was n o t t h i s s imp l e. He stated t hat a c on tractor i s most likely to have a c er a i n a mo unt o f c ush i o n bui lt i n t o h is p ric e. Mr. Nelson stated that he will be in Denver for the Negotiati on Conference with HUD . He stated that if Brady Corpo- ration is o u t of reason with his prices and they are not obtainable in any way , then it would go to bid. Mr. Nelson s tated that Nelson-Roth will not negotiate with Brady Corpor ation to begin with, but as soon as they know what HUD's pri ce is , they may have to negotiate wi th Bra dy. Mr . Burns stated that the EHA wants to drag this pro ces s out. He stated that that was the only other alternat i ve . have the price negotiated quickly and the Housing Authority would go to bid The Housing Authority's main ob jective • not if is to I • • • • • .. ge he high-r ~se bu 1 . The EHA ould lik Bra dy Corporation o hav a budge hat is f easible. Mr. Nelson state d that Nelson-Roth does not actual l y g~v he f i gures to HUD . HU D t e lls them wha they a re w1lling to d o in total dollar s . They look a L it from a otal c ost standpoi nt, no wh a the construct ion is. Mr. Nelson s tat e d that negotia ion may be the b s t way if Brady Corpor tion would work out. He stated that almost always prices c ome out lowe r in a b i d. Mrs. Jonas stated that Betty Tunnell f r om HUD told her t h a t HUD would have a p r ice f o r the c ost of the projec t by t he m~ddl e o f January. Mr. Nelson s t a t e d tha t they have not had a lot of problem with cost in the past . Mr. Chandle r st ted t hat he knows there are amendment funds ava1lable at HUD bec ause he has a s ked about the m. Mr. Chandler stated that new money w1ll come fro m HUD around April 1 5th . Mr. Nelson stated that on several o c casions it has happened in negotiati ng a price that when funds are available, then you can start the project. Mr. Nelson stated that Nelson-Poth is st1ll a long way a way from signing the turnkey contract with the EHA --about 9 0 days a way . Mr. Chandler stated that it is normally two weeks after t he negotiation conference that a contract i s signed. Mr. Nelson sta ted that once a p rice is reached e very thing is usually fixed from that point on. Mr. Wickersham asked why the EHA is 90 days away from signing a contract. Mr. Nelson stated that h e is bein g r ea listic from his stand point regarding the 90 day perio d. It h a s always taken this long, with some e x ceptions. In response to Mr. Bu rns question , Mr. Nelson stated that it will be 9 0 days until Nelson-Poth breaks ground. Mr. Nelson stated that i t will take some time to get a contract from the EHA. Then Nelson-Poth has to go through Colorado Housing Finance Authority (CHFA) whi c h takes about six weeks. Mr. Chandler stated that CHFA has the plans for the project and First Denver Mortgage has a set of the plans . He stated that they have already eliminated 15 days of the CHFA process if everything goes smoothly. Mr. Wickersham asked what would stop Brady Corporation from increasing their prices before 90 days is over. Mr. Nelson stated that normally suppliers guarantee the developer their prices for a certain number of days. Mr. Nelson stated that this time of the year everyone has re c eived their price increases for the year. He stated that there should not be a maj o r problem with this. Mr. Burns stated that the EHA is interested in knowing that Brady Corporation understands that the Housing Authority is serious about getting this c ost matter resolved. Mr. Burns stated that the EHA doe sn't want to drag this process out for wee ks to see if Brady Corporation is going to do the project. Mr. Chandler stated that the City of Englewood is two to three weeks away from being able to give Nelson-Poth a final plans c h e ck for a building permit. Mr. Wicke rsham asked if Nel son-Poth was applying for the building permits. Mr. Chandler stated that Brady Corporation will apply for them. Mr . Nelson stated that Brady Corporation will be responsible for the building permit. Mr. Wickersham stated that his concern is that everything has been constantly up in the air. Nelson-Roth has been working along without a contract and so has the EHA. Mr. Wickersham stated that the EHA has trusted Nelson-Poth's judgment every step along the way as far as when to move and when not to. He stated that it has been his concern that the project is seven to eight months along in this process and there is no anchor to it. Mr. Wickersham stated that regardless of the cost -2- I • • • • • • • - figures Nelson-Roth was supposed o have a contract Wl th Br dy Corpor ation 1 n May of 19 0 and there is st1l l no contrac wi h Brady Corporatlon. Mr. Wickersham stated ha he wo uld l1ke some k ind o f assurance from Nelson-Roth that they will not qui the projec . Mr. Chandler s tated that Nelson-Roth originally made a proposal in May of 1980 but the proj ect got held p until August of 1980 by the flood plain i ssue. Nelson-Roth did not a c tually have a letter telling them o go ahead until the l atter part of July of 1980 . Mr. Wickersham stated that elson-Roth's proposal was to 1nc lude whether N !son- Roth was to be the contractor or they had to have a firm f i xed p r1 ce contra c from a contractor. Mr. Wi ckersham stated tha t the EHA held a meeti ng w1th Brady Corporation and Nelson-Roth to discuss that it wasn 't in writing then but that it would be. Mr. Wickersham stated that the written deal with Brady Corpora ion should have been provided and turned into HUD. Mr. Nelson asked the EHA i f the y have wo rked through a turnkey project before. Mr. Burns stated that the EHA ha s n't as the Simon Center is a Section 8 New Construction project. Mr. Nelson stated that these delays with a turnkey project are difficult but typ ical. Every process takes a l ong time. Mr. Burns stated that the EHA had e xpectations that the groundbreaking would be in October of 1980. Mr . Nelson stated that they didn 't have expectations of the flood plain problem. Mr. Wi ckersham s t ated that if you start at the d ate whe n the flood plain problems were resolved the project is fai behind. Mr. Chandler stated that he didn't think t he project was f a r behind. He stated that the project is about two weeks behi nd . Mr. Wickersham stated that if the EHA was two weeks away from a sales contract, he wouldn't be too concerned. Mr. Nelson stated that he didn't want the EHA t o give up if Tue sday at the Negot iation Conference HUD doesn't have a p rice . Mr. Nelson stated that it is frustrating working with HUD because, for example, they had the plans for the size of the units at least three months before they came back to Nelson-Roth and said the s ize of the units were too small. Discussion ensued re garding this matter. Mr. Burns asked what time frame Nelson-Roth is look1ng at in teimS of whether they 'ould recommend going to bid Wlth Brady Corporation or not and how soon th1s woul~ be known. Mr. Nelson stated tha they should know nex t we ek. Mr. Burns asked if by the nex t EHA meeting on January 28th the EHA will know if Nelson-Roth and Brady Corporat ion will be doing this project together. Mr. Nelson stated that by that date the EHA will know if Brady Corporation will be doing this pro ject . Mr. Ne lson asked Mr. Saul how long a tUinkey project take s from his e xperiences with this type of project. Mr. Saul stated that it takes approximately nine months to a year. Mr. Saul stated that it depends on the speci al problems each individual project faces. Mrs. J onas stated that Lakewood an d Bo ulder County got their projects at the same time the EHA did and they are no farther behi nd than the EHA is . Lakewood is going turnkey and Boulder County if going conventional. Mrs. Jonas stated that it may seem like a long, drawn out procedure, but from her e xperience with HUD projects, it i s not being delayed more than usua l. Mr. Wickersham stated that his concern is the open endedness o f the situation, n ot just the time frame . Mr . Chandler stated that the EHA needs to look at the turnkey system. Th is turnkey system is where the Housing Authority takes proposals and -3 - • I • • • • - en selec s a dev lop r. Then h Hous~ng Au hori y lays all he re5por.&i i l~ '/ for g t ~ng he project built on the v loper ~n reg r o g tting plan ou , e c. Mr. Chan ler stated that they w~ll g t their job one as quickly a" th y poss1.bly c an, bu there are things ha come up ha they can ' he 1 and th EHA can't h lp. On o thes unexpected things was the flood plain preble . nas set the project back at leas two and one half months. Mr. Chandler s a ed tha aft r Nelson-Roth receives the final prices from HUD there is s ill a f~fte n- day advertising period on the flood plain issue. Mrs. Jonas stated hat l!UD wi ll do this advertising which requires a fifteen-day comment period. Rev . Fixter left the meeting at 6:00 P.M. Mr. Chandler stated that Nelson-Roth receive d a few architectural comments from HUD today. He briefly discussed a few minor problems with their spec~fications on the plans . Mr . Burns stated that the Eng lewood City Council has agreed to loan the EHA $180 ,000 to use toward the purchase o f the site for the elderly hl.gh- rise. Mr. Burns stated that the EHA has the additional money f rom the Simon Center reserve fund wh ich is mo ney that w~ll be put back for future use on the Simon Cent er building. Mrs. Jonas briefly discussed the c arrying costs tha Security Pacific wants for the elderly high-rise site. The carrying cost would be on a sliding scale based on the p rime inte r est rate. At 20% the cost would be $5 ,500 per month. Mr. Burns s tated that Security Pacific 's extension c arrying charge is double what it is now. He stated that the EHA had originally asked Nelson-Roth if they could pay the carrying charge if it was k ept at the same rate. Mr. Burns stated that to purchase the site and pay 12~% to the City adds up to $1,875 per month wh ich is less than our carrying charge right now. From a dollar s tandpoint this is the preferred way to go. It wo uld be cheape r for the EHA and for Nelson-Roth to h ave the site and own it. The EHA's risk is that if the pro j ect doesn't go, the EHA woul d have to liquidate the land and pay the City back and the EHA's Simon Center fund. Mr. Burns stated that a decision on this has to be made tonigh t regarding whether or not we want to go ahead and purchase this site and pick up the option for January 25th, or whether we want to continue to negotiate with Security Pacific on using another device at a later time. Mr. Burns stated that the figures illustrate that it would be cheaper for the EHA to avail itself of the City's funds and close on the site. Mr. Chandler stated that he felt the EHA should go ahe ad and purchase the site with the City's money. Mr . Burns proposed to the Board that the EHA close on the site. He asked if Nelson- Roth could pay the carrying costs taking into account the carrying costs are less now. Mr. Nelson asked what form of an agreement Nelson-Roth would have. Mrs. Jonas stated that the EHA has the agreement between the EHA and the City , but has nothing wri tten between .EHA and Nelson-Roth. Mr. Nelson stated that his only hesi tat ion is that if for some unforseen reason this project would never go and Nelson-Roth couldn't sell the land, he would not like to be tied to paying interest on land on which he would have no righ t to either buy or recapture interest. Mr. Nelson stated that Nelson-Roth could pay the $1,875 per month in c arrying costs. Mr . Chandler discussed extensions on the options on the family sites. He stated that Nelson-Roth has extended the options on the family sites three times. When Nelson-Roth started extending these options, they had information from DRCOG that -4- • I • • • • • • • th ir fun wouldn • ell. burs d ®til February 15th, th n it was mov d baCJt to Janua ry 15th and th n before Christmas. Nelson-Roth and the EHA was informed tha th e arliea posaibl d e to rece1ve these f unds would be February 15th. Mr. Chandler s a ed that elson-Roth has closed on o e of he fanuly si es on Fox Stre t. Mr. Burns stated that Mrs. Jon a s informed him that the owners are under the illlpression that he EHA will buy the sites which is not true as the EHA does no have a contract Wl th the a.mers. Hr . Burns s a ted that he doesn • t want the owners to feel that they hav e some legal relationshlp w1th the EHA to buy their property. Mr. Chandler stated that he didn • t think the owners thought this because all their contracts are with Nelson-Roth . He th1nks that the o wners are calling the Ci ty for assurances that Nelson-Roth is not dragging ou their options on a bogus deal. Hr . Chandle r stated that he has instructed people o cal l Mrs. Jonas to get the assurance that this project is ongoing and plans have not been finaled yet. Returning to the discussion of the elderly site, Hr. Wickersham stated that the interest payments would be on a no te which would be sec ured by a first deed of trust on the property. The note has to be paid by December 31, 1981. It will be paid automatically at s uch time that the EHA receives the payment from Nelson-Roth. Hr. Wiclcersham stated that as a practical matter if everything falls apart, Nelson-Roth would not be a co-maker on this note; the City would take over title of the property. Nelson-Roth would be out the amount of interest they paid to date. Mr . Chandler aslced if it would be unreasonable to ask for first right of refusal, in case things fell apart, if Nelson-Roth agreed to pay all or a portion of the carrying charges. Ms. Bradshaw thought this would be an unreasonable request. Hr. Nelson stated that he didn't want to push the f irst right of refusal, but wanted the EHA to understand that Nelson-Roth has no mechanism of recouping the $1,875 per month. Mr. Wickersham stated that Nelson-Roth has to realize that the EHA has carried and administered the site s ince Hay of 1980. Hr. Nelson stated that Nelson-Roth will pay the $1,875 in carrying c osts on the elderly site as long as they are not tied into some very severe legal obligations if this project doesn't go. Mr. ~andler asked if HUD actually refused to review the site for a n ew appraisal . Mrs .-Jonas stated that HUD did i ndeed re fu se. Mr. Burn s stated that HUD said they didn't think there ~as any signi fi cant increase in land value in Englewood in the last year. Mrs. Peterson asked if Nelson-Roth was making a commi tme nt to the EHA to carry t he intere st on this. Mr. Chandler stated that Nelson-Roth is mak i ng the commitment that if the EHA bought the property, Nelson-Roth would pay the $1,875 per month in interest. Mrs. Peterson asked if he Simon Center fund wo uld have to be reimbursed for the interes t lost on the $150,000 that woul d be used to help purchase the elderly site. Mrs. J onas stated that there is no suc h requirement to reimburs e for i n terest lost. I t is at the EHA's discretion. MOT ION BETTY BEIER MOVED AN D CINDY PETERSON SECONDED THE MOTION TO APPROPRIATE $150,000 OUT OF TH E SIMON CE NTER CAPITAL RESERVE ACCOUNT AND TO BORROW $180 ,000 FROM THE CITY OF ENGLEWOOD AT 121,\ PER ANNUM AND PURSUANT THERETO TO AUTHORIZE THE CHAIRMAN AND THE EXECUT IVE DIRECTOR TO EXE CU TE THE NOTE AND DEED OF TRUST THAT HAVE BEEN PROVIDED TO THE AUTH ORITY , IN CONSIDERAT ION OF THE COMMITMENT OF NELSON-ROTH, INC. -5- • I • • • • • - TO PAY THE M NTHLY INTEREST THEREOF, AND TO USE THESE FUNDS TO PURCHASE THE ELCERLY HOUSING SITE, AND TO AUTH ORIZE 7HE CHAIRMAN AND EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS PURSUANT TO THAT CLOSING, AND TO AUTHORIZE THE EXECUT I VE DIRECTOR TO EXECUTE THE MEMORANDUM OF MINUTES PROVIDED TO THE ENGLEWOOD HOUSING AUTHORITY BY THE CITY A'M'ORNEY. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURN S, BEIER , BRADSHAW, PETERSON NE FIXTE R Mr. Wickersham stated that he will c all Joan Hatton of Security Pacific and set up a closing on the elderly site for 1 :30 P.M. on Friday, January 23, 1981 a Security Pacific's office. Mr. Chandler stated that Nelson-Roth has started on the family unit drawings. So1l tes ts and surveys have all been done. He stated that he spoke with Betty Tunnell from HUD and Mrs. Jonas about the basements and the size of the units. Mrs. Tunnell's recommendation is to delete the basements and also reduce the size of the units to meet prototype costs. Mr. Chandler s tated that he would like the EHA to review the plans without the basements and the reduction in the unit size with MaX Saul. Mr. Burns asked how much of a size reduction there would be on the family units. Mr. Chandler stated that on the four-bedroom units there will b e 150 square feet of reduction. Mr. Chandler asked that the EHA review these plans for the family units and give Nelson-Roth their appro val so they can start on the final drawings. Mr. Saul asked what Nelson-Roth's initial construction beginning date would be on either family or elderly units. Mr . Chandler stated that it will probably be April 1st on the elderly units and May 1st to June 1st on the family units. Mr. Chandler stated that these are j ust target dates. MOTION BEV BRADSHAW MOVED AND BETTY BEIER SECONDED THE MOTION TO GO INTO EXECUTIVE SESSION TO DISCUSS THE OPTION ON THE ELDERLY SITE AT 6:40 P.M. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, PETERSON NONE FI.XTER MOTION CINDY PETERSON MOVED AND BETTY BEIER SECONDED THE MOTION TO LEAVE EXECUTIVE SESSION AT 6:50P.M. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, PETERSON NONE FIXTER Mr. Burns stated, for the record, that the Board would like to have a special meeting to review if the developer must put the elderly housing project out to bid. A tentative time of Friday, January 23, 1981 at 3:00 P.M. has been set up. Sovent System at Simon Center Mrs. Jonas stated that the Sovent System is being installed. Last Thursday some men came in and took measurements. Mr. Coffey from Copper Industries did the -6- • I • • • • • • • • drawings an d su plied h ma rials. The rna rials and th work rs w re o the site yesterd y morn ~ng. Mr s. Jonas asked Lhe wo r ke r s if the syst m would be don by Fr~day. Th e y old he r ~t woul d no be don by F riday; hey es ~ma e six days t o get the wo rk d o ne. Mrs . Jona s stated that the r e a son ~t is aking so l ong i s that th aerato r s have t o be asse mbl d on the s 1 e . The work ers a re h a ving o do all the w ldi ng on these aera o r s wh ich i s a lon g p r ocess . Discuss1on ens d regarding the Sovent System. Mrs. Jonas stated tha Mr . Brad y must be p aying for mo s t of t he work a s he has the Simon Center resident manager keeping rack of h o w ma n y worke r s are on he job and how many hours they work. Section 8 Compliance Audi t Mrs. Jonas st.ated that it is time to have the two-year audit on t h e Sec 1on 8 Program aga in . She stated that the nousing Au hority sent out eight proposals . HUD requires a minimum of three bids. The Housing Authority received three bids . Mrs . Jonas stated that Michael Gray & Assoc iat e s o f Englewood bid $730.00 ; Ronald E. Reiss of Denver bid $2 ,500; Peat , Marwick, Mitchell & Company of Denver bid $4,0 0 0 . Mrs. J onas stated that HUD requ ires th e Housing Authori ty to accept the lowest bid and send a signed proposal to HUD for authorization along with the li st o f all bids received. Mrs. Jonas explained why Mr. Gray 's bid wa s so low . She stated hat he has done severa l Section 8 audits and just does the minimum. He knows the HUO audit requi rements, therefore he doesn't have to learn the r egulations. Mr s . Jonas stated tha t the other firms have never done a HUO audit before and would have to read all the regulations and handbooks on the program before they even start the audit . MOTI ON BEV BRADSHAW MOVED AND CI NDY PETERSON SECONDED THE MOTION TO APPROVE MICHAE L GRAY AND ASSOCIATE S OF ENGLEWOOD AS THE COMP LIANCE AUDITOR FOR THE SECTION 8 AUDI T FOR THE AMOUNT OF $730 .00 . THE MOTI ON CA RRI ED AS FOLLOWS: AYES : NAYS: ABSEltl': BURNS, BEIER, BRADSHAW , PETERSON NONE FIXTER There being nothing furthe r to dis c uss, CINDY PETERS ON MOVED AND BEV BRADSHAW SECONDED THE MOTI ON TO ADJOURN THE MEETING AT 7:15P.M. -7- • I • • • • ,. • The Englewood Housing Au hority Minutes of the January 14 , 1981 Special Meeting were officially approved by the Commiss ioners on February 25, 1981. Executive Di r ector <-" Englewood Rousing Authority I • • • • • • • - MINUTES OP ENGLE'I«>>O HOU SING AUTHORITY MEETIN G January 28, 1981 5 8 The regular .eeting of the Englewood Housing Authority wa s called to order by Chai~ Thomas J. Burns at 6:15P.M. at the Si.-on Center, 3333 South Lincoln, Englewood, Colorado. Roll Call Members Present: 'n\011148 J. Burns, Chaicaan Betty Beier, Vice-Chair.an Beverly Bradshaw ~rs Absent: Others Present: Cindy Peterson Rev. Stan Fixter Frances Buck Jonas, Executive Director Susan Powers, Director of eom.unity Development Linda A. Knopinski, Associate Housing Coordinator Pat Arnett, Clerical Technician for Section 8 Existing Program Al VanDemark, Rehab Technician Tom Dinkel, Vice-President, Continental National Bank Max Saul, Architect Recording Secretary Reading and Approval of Minutes The minutes of the rescheduled meeting of December 17, 1980 were considered for approval. MOTION CINDY PETERSON MOVED AND BETTY BEIER SECONDED THE MOTION TO APPROVE THE MINUTES OF THE RESCHEDULED MEETING OF DECEMBER 17, 1980 AS WRITTEN. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, PETERSON NONE FIXTER Section 8 Existing Report Ms. Arnett stated that the Section 8 Existing Program is looking good. It is better than it has been in the past six months. She stated that the FMR's (Fair Market Rent ) are always a problem and they will be until the Authority gets the raise in FMR's on the three and four bedroom un its . Ms. Arnett stated that there is no way she c an lease up the four-bedroom units under the present Fair Market Rents as the open market is too high. Ms. Arnett stated that the Housing Authority has a couple of cases with Legal Aid. Mr. Burns stated that the Housing Authority had this problem previously with land- lords taking additional money from tenants over vhat the contract was. Mr. Burns stated that the EHA sent a letter last year to all the landlords participating on the program advising them of the EHA' s awareness that this "under the table payment" may be going on. The EHA stated in this letter that this would not be tolerated . • t I • • • • • • • - Ms. Arne t stated that the landlord who was accepting these payments told her that he wasn't aware of the la against "under the table payments". Ms. Arnett stated that this landlord ~d not read the contracts regarding the Section 8 lease. She stated that this particular tenant was willing to pay under the table money just to be able to s ay in this particular uni . Ms. Arnett stated hat this tenant did not tell her sh was making these addi ional payments un il the landlord would not renew her contract. Ms. Arnett stated that the tenant knew she wasn't allowed to pay these additional payments. Mr. Burns asked why the landlord did not want to ren w the contract with this tenant. Ms. Arnett sta ed that the tenant was a very bad tenant as far as the EHA can determine, but there is nothing t he EHA can prove. Discussion ensued regarding this issue. Mrs. Jonas stated t hat the Legal Aid attorney is telling this t e nant that the reason she cannot get another unit is that the EHA is not assisting her and that the EHA is telling landlords not to rent to her. Mrs . Jonas stated tha t the EHA tells land lords to check for references of the tenants ; we do not tell landlords not to rent to c ertain people. Ms. Arnett stated that this tenant has gone t o the Civil Rights COl!ll!ll.ssion . Mr. Burns questioned whether or not the EHA Commissioners have civ il rights coverage . Ms. Arne t t stated that the Civil Rights Commission has not filed a formal complaint as yet. Mr. Burns stated that he would like the EHA's attorney, Kirk Wickersham, to eontact the Legal Aid attorney . Ms. Arnett stated that the Le g a l Aid attorney i s going after the landlord f or the rep ayment of the lmder-the-table money, not the EHA. Ms. Arnett stated that the tenant does not want to pay a damage cla"im f o r the previous unit she was in. This is the reason Legal Aid is filing against the Housing Authority. An informal grievan ce hearing will be held and a third party wi ll rule if the tenant is responsible for the damages to the previous unit. The Legal Aid attorney, the tenant and the landlord will be in attendance at this hearing ; also a third party that has not had conta c t with this case will be present. Mr. Burns asked under what regulation this grievance hearing is being done. Mrs. Jonas stated that HUD says this is required under Section 8 Existing; however, there is no requireme.nt for a definite grievance procedure under Section 8 Existing. Mrs. Jonas stated that she spoke with HUD today and they said that the Housing Authority is required to do the hearing. The EHA has to write their own grievance procedure as there isn't one in the administrative plan for the EHA's Section 8 Existing Program. Mrs. Jonas stated that this is an informal hearing to try to come to an agreement that satisfies everyone. co 48-2 Mr. Burns stated that on Monday, January 26th, the EHA had the Negotiation Conference with HUD. The budget for the elderly high-rise project was discussed at this conference. Mr. Burns stated that Brady Corporation and HUD's Costing Department were close in budgets -no more than $10,000 to $15,000 apart . Mr. Burns stated that Brady Corporation bid this to the new prototype costs which are higher . Mr. Burns stated that administrative costs were included in this bid as well as the development budget, the developer's profit and the land. Mr. Burns stated that HUD is not funding as much of the land as they started out to because of extraordinary preparation costs for the site. Mr. Burns stated that after all costs were added in, the amount was a million dollars off. Mr. Burns stated that Betty Tunnell from HUD kept saying that there was not enough money to cover this amount. -2 - • I • • • • • • • • - Mr. Burns stated that Mrs. Tunn ll told the ERA that HUD had some amendment money but she didn't kftcw whether it was frozen or not. Mr. Burns stated that Mrs . Tunnell checked on this amendment money and found that it was available and that HUD would apply one million dollars to the EHA's project. Discussion ensued re<3arding this matter. Section 8 Existing (Continued) Ms. Arnett stated that there was another complaint lodged with Legal Aid concerning the Section 8 Program. The ~laint stated that an APPlicant was denied assistance because of her bad tenant record. Ms. Arnett stated that she found out about this bad tenant record when she contacted previous landlords of the tenant. Ms. Arnett stated that she was ready to issue her a certificate to participate in the program when she found out about her bad tenant record. Ms. Arnett ~tioned the tenant about these allegations and the tenant denied them. Ms. Arnett advised the tenant to get written references froa her previous landlords denying that she was a bad tenant. Ms. Arnett stated that she asked this applicant to come in and sign a release form to be sent to the Department of Social Services to verify her in=-e. Ms. Arnett stated that she never heard frca this applicant after this request until Legal Aid called and said the EHA refused the applicant assistance. Discussion ensued regarding this matter. Rehab Loan Program Mr. Tom Dinkel, Vice-President of Continental National Bank, was in attendance. Mr. Burns stated that Kr. Dinkel has done a lot of work on the Rehab Program and is active on the Rehab Loan COIIIIIIi tt~e. Mrs. Knopinski stated that Mr. Dinkel would give the ERA a view from the private market regarding rehab loans. Mrs. Knopinski stated that one of the rehab clients, Magee, whose foreclosure was approved at the last meeting came in the next day and totally paid up their loan. It was a misunderstanding as the client thought the person living in their house was malting the payments. Mrs. Knopinski stated that the other foreclosure case, Nita Marquez, has not made a payment. However, a week after the Board approved the foreclosure she made a payment but her check bounced. Mrs. Knopinski stated that Mr. Wickersham is sending Mrs. Marquez a letter informing her that the ERA is going to start foreclosure proceedings. Appeals from the Last Rehab Loan Committee Meeting Mrs. Knopinsk i stated that there is an appeal from one of the Rehab clients, Gerald Stacy, for additional money. The Housing Authority discussed adding money onto loans while they are under construction. Mrs. Knopinski stated that the concensus was that this was allowable as long as it was approved by the Director of Housing and the Rehab Loan Committee. Mrs. Knopi nski stated that a question arose as to whether the staff should use the criteria that was in effect at the time the client intially applied or to use current criteria. She stated that the main problem with using current criteria is that it would be like a new application with all new verifications. Mrs. Knopinski stated that this client was originally approved for a $12,000 loan which was the maximum loan limit at that time. At present, the loan limit is $15,000. Mrs. Knopinski stated that all new criteria should be used treating it as a new loan. Mr. Dinkel stated that there is an additional problem which is whether or not the client could be approved for the new limit of $15,000 at the old interest rate. -3- • I • • • • • - Mrs. Peterson q estion d wh th r to amend the old loan or start 11 over w1th a new loan and g t new income v rifi c a t ions. Mr. Burns asked if the cos for th EHA's new money is higher for the addi ional money under the new progr than it is for money under the old program. Mr. Dinkel stated that if the applicant was qualified under the old program and the additional money involved in a particular case was lumped under the old amount, the cost of the EHA's mon y ould b the same at the 6 rate when the Banks had the money . Mr. D1nkel stated that the Housing Authority was loan ing at 1 over what the Banks were charging, therefore charg ing 7% for the l oan. Mrs . Knopinski stated that originally th Housing Authority was borrowing the money from the Banks at 6~% and was lending it at 7~ ; now the Housing Authority is borrowing the money at 8\ and lending it at 9\. Mrs. Pete rson s tated that she felt it was unfair to other people who were under the old program limit of $12,000 to allow some people to get an additional $3 ,000 a c ross the board, but to tell the other people under the old loan limit wh o wanted $3,000 more that this additional money wasn't available for them. Mr . Burns asked how the request for the a dditional $3 ,000 came about. Mr. VanDemark stated that the c l i ent couldn't complete the job due t o the c ost of ma terials due to rising i nflati o n. Mr. Dinkel stated that Continental National Bank is encountering this in normal building operati ons with builders facing increased c osts almost every day . Mr. Dinkel stated that in relating this to the Rehab Program, people particu- larly on ~at equity, ~here the owner does the work himself and the contract is for a year's time, the owner faces larger ma te rial costs . Mr. Dinkel stated that the problem being fac ed on these particular loans is that if they are approved for $15,000 on sweat equity, the Housing Authority will have an 80\ completed house and 100% of money expended. Mr. Dinkel stated that the Rehab Loan Committee needs some guidance from the Housing Authority Board in regards to: if the loan is a sweat equity, instead of approving them for a full $15,000 loan, approve them for $13,500 which would give them a little margin so if costs do increase there will be a little leeway. In case the client does go over the $13,500 the loan can be approved for an additional $1,500. Mr. Dinkel stated that the administrative staff needs some guidance concerning if the loan is a sweat equity the limit should be set at $13,500 as it will be a year before the sweat equity contract is expired and with costs increasing about 1\ a month it isn't difficult to spend another $1,500 for the rehab work. Discussion ensued regarding this issue. Mr. Dinkel stated that the loan of this particular client request.ing an additional $3,000 would have to be redooe at 9% interest. Originally the loan was at 8 3/4\ interest to the client. Mr. Dinkel stated that the whole loan would have to be rewritten because under the guidelines established by the Housing Authority, the EHA has to hold a second mortgage and the Housing Authority couldn't hold a third mortgage behind the second mortgage. Mr. Burns ask•d if the loan was originally computed on 8 3/4% interest could the Housing Authority impose a higher interest rate on that original part of the loan. Mrs. Jonas stated that it would be like refinancing the original loan. Mr. Dinkel stated that this is a problem as refinancing is prohibited under the policy of the EHA. The policy states that the Housing Authority's purpose is not to refinance an existing debt. Mr. Dinkel stated that if this happens in the banking industry they would rewrite the new loan for whatever the current rate is at that time because part of the problem is the clients. -4- I • • n • • • • • - Mr. Dinkel stated that it is not the Bank's fault because the cli'ent delayed and took a year to rehabilitate the home when they could have hired a contractor and had it done in three months . Mr. Burns stated that if sweat equity is the only way for a client to have the work done due to their financial situation, he didn't feel these people should be discriminated against just because they have a sweat equity contract. Mr. Dinkel stated that on sweat equity loans the EHA should not loan to the limits and should anticipate some increases in the building materials. Mr. VanDemark stated that usually the borrower estimates the cost of materials a little high when they bring in their cost estimates; this is sort of an inflation factor. Mrs. Xnopinaki stated that the EHA would like to consider having the contractor maxim\85 higher than the sweat equity contracts. Mr. Dinkel stated that his suggestion would be to have the maximum sweat equity be $13,500 in anticipation of rising bu.ilding material costs. The problem is what to do with the loans that are presently under the old limits that need an additional amount to finish the worlt. Mr. Dinkel asked haw the loan limit amount of $15,000 was established. Mr. Burns stated that this was a Housing Authority decision. Mr. Burns stated that the decision the EHA has to make if one of the existing loans is rewritten is to change the policy to include a third mortgage. Mr. Dinkel stated that he would suggest not doing this. Mrs. feterson stated that if the new costs and new interest rates are added to the loan, these people may not be able to afford to make the new payments. Discussion ensued regarding this issue . Mr. Dinkel suggested that given a set of circumstances where under a sweat equity condition the borrower has e .xhausted his funds and the building is not completed, would the EHA Board feel comfortable giving the Rehab Loan COIIIIIi.ttee the opportunity of analyzing the application to determine how much more money it will take to finish the job and what the net effect is going to be on the monthly payments to the family involved. Mr. Burns stated that it is almost impossible to set up a policy that will cover all cases. He stated that a general policy could be written. Mr. Burns stated that he doesn't have any problem with the Board passing a resolution giving the Rehab Loan Committee the authority to evaluate these cases on a case-by- case basis to determine if there is a fair way of handling the case that is fair to the Authority and to the applicant. Mr. Burns stated that a policy can be established allowing the Rehab Loan Committee to loan less than the full amount of the loan initially in sweat equity in their judgment so that the cost doesn't overrun the amount of funds available. Mr. Burns stated that he would approve a motion that the policy be changed to allow the Rehab Loan Committee the discretion to loan less than the allowable funds available for a sweat equity contract. Mr. Dinkel suggested the max imum loan amount be $13,500 on sweat equity. Mrs. Peterson stated that at the last Rehab Loan Committee meeting, Mr. Dinkel suggested that the Housing Authority get one bid from a contractor on sweat equity loans so that there is a general idea of what costs would be. This would give the borrower a realistic look at the cost of materials. Mr. VanDemark suggested that this be left up to the homeowner to get the bid instead of sending some of -5- • I • • • • - the Housing Au on y' s p r 1.c ip tl.ng con ractor ou to b id . Mr . VanDemark s ated t he would th n h ome er and discuss the differences in cos s. Mr. c ontractor will be giv1.ng a bid which includ s labor and ma erials. Mr. Dl.nkel stated tha t a contractor may have to be paid to co in and bid on a sw at equi y. Contr actors do not always give a bid if they know they are not going t o ge a contrac . Hr. VanDema r k sta ted tha the contractor that is asked to bid should be a licensed gene r al contractor in the City of Englewood. Discussion e n sued r egarding what maximum l1.mit to s et for a swe at equity loan. Mrs. Knopi nski stated that the problem with setting the l oan limi t l ower than $15 ,000 is t hat the borrowe r l.S not going to be able to do the wo r k d u e t o the cost o f materials. She suggest ed h avi ng the limit be $15,000 and increase the abs olute maximum ove r that amoun • She s a ted that she d oes not favor lowering the maximum loan limit as the Housing Author ity i s running int o problems now with people not being able to c omplete the wo rk items at the lower loan limit; this wo uld include sweat equity and contrac tor j obs. Mr s. J o nas stated that the satff will be study i n g this mat t er and analyzi ng some o f t he c ases to see how a n e w loan limit would affect them and wha t it would do to people's ability to pay back the l o an. Hr. Burns stated that the Rehab Loan Committee can use their discretion on deter- mi ning whether to apply new monies on pass through loans and rewriting a note. Hr. Dinkel suggested that the maximum loan limit on sweat equity be $13,500 for t he meantime. l'KYriON BEV BRADSHAW M:>VED AND BETTY BEIER SECONDED THE MOTION TO GIVE THE REHAB LOAN COMMITTEE THE DISCRETION TO REWRITE THE SWEAT EQUIT'i LOANS UP TO THE LIMIT ON A BASIS THAT IS BASICALLY FAIR TO THE HOUSING AUTHORITY AND TO THE REHAB APPLICANT. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, PETERSON NONE FIXTER MOTION BEV BRADSHAW MOVED AND BETTY BEIER SECONDED THE MOTION THAT ON NEW SWEAT EQUITY LOANS THE LIMIT SHOULD BE $13,500 TEMPORARILY UNTIL THE BOARD RECEIVES THE STAFF REPORT ON THE EFFECT OF RAISING THE LOAN AMOUNTS. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, PETERSON NONE FIXTER Mrs. Knopinski discussed a Rehab c ase where the peop le went out on their own and got a loan through a bank for $7,00 0 at 18\ interest. They have paid the contractor $4,000 and owe him $3,000 upon c ompletion of the work. Mrs. Knopinski stated that this loan wasn't er.ough to cover all the work, which included an addition on the house. The total cost of the addition will be $18,500. This couple found out about the EHA's Rehab Loan Program after they had made the bank loan. This couple wants to borrow $14,500 and they will pay off the second mortgage. The house is in a target area which qualifies this couple for recel.Vl.ng a loan. The work will be done by a contractor. Discussion ensued regarding this case. -6- • I • • • • • - Mrs. Peterson asked how many changes can be made by the Housing Authority without going back and checking with the Ba.nlt. Mr. Dinkel stated that the relationship with the EllA and the Banks is that the EllA owes the Ba.nlts. He stated that the Banks are looking for confidence on the part of the EHA in doing thei r business of loaning out the ~ney. Mr. Dinkel stated that it is up to the EHA to set their own policy as far as loaning money as long as it is reasonable and prudent . Mr. Burns stated that he thought the Housing Author ity was concerned about refi- nancing an existing debt wh ich would result in cash to the homeowner for purposes other than rehabilitation of the home . Mr. Burns stated that whe n a person receives a loan as a second ~rtgage on their home because they are remodeling it at the time, this was a coapletely different situation. Mr . Dinkel stated that this is one of the reason s this matter is being brought before the EHA Board. Mr. Burns stated that since this couple is in the middle of remodeling their home and they want to coaplete it, he believes that if the second mortgage is on their home because of a home improvement situation through participation in the ERA's Rehab Loan Program, he doesn't see any problem with this. Mrs. Peterson asked if the EHA would be loaning just the amount of what these people borrowed, or would this also be covering interest on the amount. Mr . Dinkel stated that usually the interest is added into the face amount of the note and then taken out in increments over a period of time. He stated that almost all lenders charge daily interest now; therefore, the ERA would only pay interest to the date of the payoff which would be at a maximum of 29 or 30 days. Discussion ensued regarding this issue. MOTION CINDY PETERSON MOVED AND BEV BRADSHAW SECONDED THE MOTION TO ALLOW REFINANCING OF SECOND MORTGAGES ON REHAB LOANS IF THE ORIGINAL SECOND MORTGAGE WAS A HOME IMPROVE- MENT LOAN WHILE THE PROJECT WAS STILL UNDER CONSTRUCTION. THE WORK WOULD ALSO HAVE TO APPLY TO THE GUIDELINES OF THE PROGRAM. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, PETERSON NONE FIXTER Mr. Dinkel stated that the name of the Executive Director has to be changed from Michael G. Reddy to Frances Buck J o na s on the agreement ·with Cont1nental National Bank and the EHA concerning Rehab Loan policies. MOT I ON BEV BRADSHAW MOVED AND CINDY PETERS ON SECONDED THE MOT ION TO AUTH ORIZE THAT THE PARTY WH O REPRESENTS THE ENGLEWOOD HOUSING AUTHORITY IN THE SE TTLING OF DISPUTES WITH CONTINENTAL NATI ONAL BANK OM REHAB LOAN POLICY BE THE EXECUTIVE DIRECTOR OF THE ENGLEWOOD HOUSING AUTHORITY. THE MOTION CARRIED AS FOLLOWS: AYES: BURNS, BEIER, BRADSHAW, PETERSON NAYS: NONE ABSENT: FIXTER Public HousinS! Project #CO 48-2 Mr . Saul discussed the plans on the duplex family units. He stated that Tom Chandler of Nelson-Roth & Associates asked him to review the floor plans of the family units. Mr. Saul stated that the rest of the plans were already reviewed and his only criticism at that time was that the furniture arrangements weren't -7- • I • • • • • - illustrated in the floor plans. Mr. Saul s ated ha t these revised plans now include the furniture arrangements. He stated that Nelson-Roth did this in response to the Housi ng Author1ty's reques and he finds no problem in he furniture arrangemen s. Mr. Saul showed these floor plans and br1efly discussed them. Mr. Saul recommen ded that these plans be approved in order to move on to further matters . He stated that these furniture arrangement plans looked good and will work in the units. The Board approved the plans of the addition of furniture to the family duplex units. There was a short break for dinner . Amendment to Rehab Program Admin istration Agreement with the City of Englewood Mrs. Jonas discussed the amendment to the Rehabilitation Program Admi nistration Agreemen t w.ith the City of Englewood. She stated that she drew up this amendme nt because there will be some different requirements for loans and for the ability to repay. Mrs. J onas stated that the agreement with the City is strictly a Rehabilitation Loan Program agreement. She stated t hat the staff had been discussing the fact that lower income people are not qualifying for loans anymore; and there are a lot of p eople that need work done o n their homes that are being turned down by the Rehab Loan Committee and yet this is supposedly a low income loan program. Mrs. Jonas stated that the staff felt that if we had a grant program we could help more people in the really low income categories than are being helped right now. Mrs. Jonas stated that in order to do this the agreement with the City will have to be amended to provide for grants. She stated that this amendment would have to be approved by the EHA and by the City Council. Mrs. Jonas stated that HUD doesn't care if it is a grant or a loan as long as the Section 8 income guidelines are used and as long as these homes are in target areas. Mrs. Jonas stated that the Housing Authority needs to discuss if they want to do a deed of trust on the grants or a declining lien. A declining lien is not a deed of trust but is filed at the Clerk and Recorder's Office and it calls for the grant amount to decline at 20\ a year for five years. If the grantee is still living at the rehabilitated house at the end of the five years, they will never have to pay any money back. If before this t ime they sell the house or move out of the house or pass away and it has to be handled through their estate, then the EHA would get that portion of their money back. Mrs. Jonas stated that t h is is basically to provide that people can 't come in and get a grant to fix up their house and next week turn around and sell it at a profit. Mr. Burns stated that the EHA wants to avoid people doing this very thing of getting a grant, fixing up their home and sell ing it for a p rofit. Mrs . Jonas stated that a question the staff had was: would grant applications be handled at a staff level or would they be approved by the Rehab Loan Committee. Mrs . Jonas stated that the way it works in other cities is that grants are done at a staff level and only loan s go to the loan committee because they do not have to qualify as far as ability to repay the loan. Mrs. Jonas stated that the Housing Authority would like to use this as much as possible to lower the amount of payment a person has to make on a loan so they can still qualify for a partial loan, partial grant --in other words, figure out how much that person can afford to pay and how -8- I • • • • - mu.ch work they need done and then rlt i o ut to the proper ratio of loan and grant the y can qualify for . This would have t o be a pproved by the Re hab Loan ec-ittee. Mrs. Peterson asked what the guide l i nes for t hi s wo uld be and if th is would malte the deferred loans obso lete. Mrs . Jonas stated that in target areas i t would make deferred loans obsolete. She stated that if the EHA had some ki.nd of subsidy money besides the C~ity Develop-.nt Block Grant (CDBG ) subsidy money, -c ould still use deferred loans i.n areas outs ide target areas s i nce grants would not be available outside of target areas. Mrs. Jonas stated that another question that staff had wa s when grants and loan s are both available does this mean a maxi•ua $15,000 loan plus a grant could be done which would malte the entire ~imua more than the $15,000 limit. Mr. Burns stated that this needs further study. He stated that he feels the limits should be the same as any other type of loan. Mrs. Jonas stated that in the 1981 grant the staff was looking at an average of $8,000 per grant; there was no maximum as such. Mr. Burns stated that the Board could approve the amendment and then have some alternative suggestions from the staff for the Board to review in order to implement the policy. Discussion ensued regarding this amendment. Mr. VanDemark stated that there are a lot of people that apply for loans and approximately four or five are turned away before they get to the Rehab Loan Ccmmittee (RLC:). At the RLC there are usually a few loan.·applicants that are turned away also. Mr. VanDemark stated that there would be a lot more loans approved through the program with this type of money available. Ms. Powers stated that this would add a lot of flexibility to the program to address problems that are not addressed now. MOTION BEV BRADSHAW MOVED AND BETTY BEIER SECONDED THE MOTION TO ADOPT THE AMENDMENT TO THE AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF ENGLEWOOD AND THE CITY OF ENGLEWOOD REGARDING POLICIES GOVERNING THE HOUSING REHABILITATION LOAN PROGRAM OF THE ENGLEWOOD HOUSING AUTHORITY. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, PETERSON NONE FIXTER Mrs. Jonas stated that she spoke with Margo Blu, our Community Development Representative from HUD, regarding the 1981 Community Development Block Grant (CDBG) pre-applications. Mrs. J onas s tated that Ms. Blu told her that all the applications were ranked and HUD was supposed to have announced the ranking this week, but the day after t he President ial Inaugeration HUD got a phone call from Washington telling them to be prep ared for drastic changes immediately and HUD was not not allowed to allocate any more funds until further notice. At the present time no one knows when the winners wi ll be announced and how much money is going to be available. Simon Center Drainage System 4t Mr. VanDemark stated that he did an inspection on the drainage system today and there are no problems with it. He stated that there are quite a few pipes exposed but the Maintenance Man, Darrel Mares, will be able to enclose these pipes with some lumber. -9- • I • • ,.. • • • .. Rehab Report (Continued) Discussion ensued regarding he Financial Opera ional S atus Report of the Rehab Program. Mrs. Jonas stated tha there is not a very larg balance remaining on total Bank funds. Hrs. Jonas sta ted that there was some confusion on the amount the EHA has from the Bank. She spoke with Tom Dinkel from Continental National Bank and asked him if the EHA got $450,000 or only a portion of this amount. Mr. Dinkel told Hrs. Jonas that this was not a revolving fund so when the payoffs come in that money does not get spent again; however the Bank is honoring the entire $450 ,000 . Mrs. Jonas stated that actually what the Housing Authority is drawing on is the $800,000 total of the two commitments. Mrs. Jonas stated that the Housing Authority needs to start approaching the Banks again for a new line of credit. Mr. Burns agreed that the EHA should make some contacts with the Banks regarding a new line of credit. Discussion ensued regarding this issue. 1981 Simon Center Budget Mrs. Jonas stated that there is no budget as yet for the Simon Ce nter for 1981. She stated that the EHA has to have a special meeting next week in order to approve the development budget for the Public Housing Project; therefore, it would be better to do the Simon Center budget at that time in orde r to have more time to prepare the budget more thoroughly. Public Housing Project teo 48-2 Negotiation Conference Mr. Burns discussed the original appraisal on the elderly site. He stated that the original appraisal was $344,000. This was reduced by $48,000 f or extraordinary costs. The amount of the appraisal then totalled $312,000 . HUD does not fund additional site preparation costs. Mr. Burns stated that the original site preparation cost figure was $32 ,000; now it is $80,000. HUD says that the soil is poor on the elderly site. HUD will only fund $264,000 of the cost of this site. Mr. Burns stated that the EHA closed on the site last Friday afternoon (January 23rd) for $357,000; $27,000 of this was paid previously for a year's option on the site. The question is where does the EHA get the extra money for the site. Mr. Burns stated that Hrs. Jonas said that the money could be taken out of the operating budget of the Simon Center. Discussion ensued regarding this procedure . Mrs. Jonas stated that all HUD will pay on the site is $264,000 which means there is $93,000 left to pay. HUD feels the Housing Authority will have to expend $48,000 in site preparation costs because of the soil testing. The amount of $27,000 has already been spent which leaves $63,000 left to pay. Mrs. Jonas stated that she is going to talk to the Colorado Division of Housing t o see if there is a possibility of getti ng a grant from them. She stated that she thought this wasn't possible because she spoke with John Maldonado from the Colorado Division of Housing and he told her there were more applications for money than they had funding for. Discussion ensued regarding whether or not Nelson-Roth has the funding from Colorado Housing Finance Authority (CHFA). Mr. Burns stated that Nelson-Roth is waiting for CHFA's board to meet to review Nelson-Roth's request for a loan for this project. Mr . Burns discussed how Betty Tunnell from HUD checked on getting an additional one million dollars to apply to the EHA's public housing project. Mr. Burns stated that the additional one million dollars for this project was approved by HUD. -10- • I • • • • • - Purchase of Elderly Site Hr. Burns stated tha the City of Englewood issued a check for $180,000 to Security Pacific Mortgage Company for the purchase of the elderly site and $150,000 was taken out of the Simon Center reserve account for use towards the pur chase of the elderly site. Mrs. Jonas stated that there was a memora nd..., from Rick DeWitt, City Attorney for Englewood, stating that the t axes -re due on the elderly site. She stated that as soon as the Deed on the property was recorded as becoming the EHA' s property, the taxes due notice wa s a utomatically remove d from the tax record. However, it was determined that the Housing Authority wo u~d pay fo r the taxes, rather than have Security Pacifi c pay them, due to the adjustaent that was made on the price of the property . Disc ussion ensued regarding when to have a special meeting to discuss the develop- ment budget for the Public Housing Pro j ect and to disc uss the Simon Cen ter budget. It was decided to have the special meeting on February 4, 1981 (Wednesday) at 5:00 P.M. at the Simon Center. Status of DRCOG Grant Mrs. Jonas stated that she spoke with Margo Blu, the EHA's representati ve from HUD, concerning the DRCOG grant. Ms. Blu told Mrs. Jonas that there should be no trouble getting the application approved; however, there may be a few minor changes. Mrs. Jonas stated that the EHA should have the final answer in two to three weeks on the DRCOG grant for the family sites. Director's Choice Mrs. Jonas stated that there will be a National NAHRO Commissioners's Conference in San Antonio July 31st through August 2, 1981. She stated that if any of the Commissioners are interested in attending this conference to let her know. Mrs. Jonas stated that at a meeting she attended today one of the HUD Regional Council Attorneys said that in the State of Colorado HUD interprets that Housing Authorities are not required to be under the open meeting law. Housing Authorities are also not under the Federal Freedom of Information or the Privacy Act. However if HUD requests copies of information from Housing Authorities' files, then it is open to the Freedom of Information and Privacy Act. Mrs. Jonas stated that the Privacy Act balances out the Freedom of Information in that once a big investigation is taken on c oncerning whether to release information that has been requested, everything of a personal nature is expunged before it is turned over --all personal information about c l ients wou~d not be turned over. Discussion ensued regarding this issue. Mrs. Jonas stated that she has prepare d a memorandum conce rning the NAHRO National Legislative Conference that is to be held in Washing ton, D. C. on February 6th through the l Oth , 1981. Mrs. Jonas stated that the Board of Credentialling Trustees is also being held then. She stated that she is very pleased to be chosen to be a member of the Board of Credential ling Trustees. Mrs. Jonas stated that she wo~d like the permission of the EHA Board to attend this Conference in Washington, D. C . Mrs. Jonas s aid that the expenses for this trip will be taken from the Housing Authority Operations budget instead of the City's budget . -11- • I • • • • • • • ,. - MOTION BETTY BEIER MOVED AND CINDY PETERSON SECONDED THE MOTION TO GIVE FRANCES BUCK JONAS PERMISSION TO A'M'END THE NAHRO NATIONAL LEGISLATIVE CONFERENCE AND BOARD OF CREDEHTIALLING TRUSTEES MEETING I .N WASitiNGTON, D. C. FROM FEBRUARY 6 THROUGH 10, 1981. THE EXPENSES FOR THE TRIP ARE TO BE PAID OUT OF HOUSING AUTHORITY FUNDS. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSEHT: BURNS, BEIER, BRADSHAW, PETERSON NONE FIXTER There beinq nothinq further to discuss, CINDY PETERSON MOVED AND BEV BRADSHAW SECONDED THE MOTION TO ADJOURN THE MEETING AT 9: 45 P.M. -12- • • I • • • • • The Englewood Housing Authority Minutes of the January 28, 1981 Regular Meeting were o f f icially approved by the Commissioners on February 25, 1981. ~ Cilia& J. B , urman ::=:un::u::tY ~~tiJo_&-,k}!}'") Executive Director . Englewood Housing Authority • • I • • • • • • • • • • • MINUTES OF ~D HOUS ING AUTHORITY SPECIAL MEETING February 4, 1981 5 9 The special meeting of the Englewood Housing Authority was called to order by Chairman Thomas J. Burns at 5:30 P.M. at the Simon Center, 3333 South Lincoln, Englewood, Colorado. Roll Call Members Present : Members Absent: Others Present: Thomas J. Burns, Chairman Betty Beier, Vice-Chairman Beverly Bradshaw Rev. Stan Fixter Cindy Peterson None Susan Powers, Director of Community Development Frances Buck Jonas, Executive Director -Housing Recording Secretary Development Budget for Public Housing Project ICO 48-2 Mrs. Jonas stated that before the Annual Contributions Contract (ACC) can be signed between the Housing Authority and HUD the development program has to be approved. The development program consists of a development cost budget. Mrs. Jonas stated that this development program is required to be adopted by the EHA by a resolution. Mrs. Jonas discussed the development budget. She stated that the prototype is the construction cost for the dwelling units themselves. It does not include community space, most of the site development or the land. She stated that it is the proto- types that tell how much money will be given to the Housing Authority at the beginning of the project. Mrs. Jonas stated that when the Housing Authority first got the money committed it was based on the prototypes which have been raised three times . The most re~ent rise of the prototypes was in December, 1980. For an elderly mid-rise apartment the prototype cost is $29,700 per unit. This gives the Housing Authority a total prototype budget of $2,970,000 for 100 units. Mrs. Jonas stated that HUD figures that another 75\ of the cost will be in non-dwelling space. She stated that the $2,970,000 is multiplied by 1.75 which is determined by HUD ; this gives the Housing Authority a $5.2 millio n dollar budget that is required to build the elderly high-rise. Mrs. Jonas dis c ussed the budget in detail. She stated that the total per unit dwelling cost is $30,959. Mrs. Jonas discussed the Financial Feasibility section of the budget. She stated that this is an estimate of the utility costs of the project. She stated that these figures are based on the per unit per month cost. Mrs. Jonas stated tl1at these figures were also based on the Simon Center utility costs. The cost would be $30.26 per month per unit. Discussion ensued regarding the utility costs for the building. She stated that this price would include the costs for the office space, commun ity room, resident managers' unit and utility spaces . () I • • • • • - Mrs. Jonas s at d h t the EHA i~ r equir d to pay t he local ax1 n g bodies 1 0 of t h e d well1ng r n t; h i ~ is the r n mi n us t h e u t i l1 t y allo wan ce. S h ated that the Ho u sing Authori y 1" requi r e d o pay t h is in lie u of axes o he l ncal a x i ng bodies . Mr s. Jonas s a ted ha t his fi gure equals $88 ; i addit1 o n h . re h as o be a 1 0 r serve based on the $88 for $8 wh 1ch equals a tota l es imated monthly ope r ating expen se p r uni of $96. Mr s . Jona s stated that this proj e c t will be r un based on the Broad Ra n g of Inc ome which is mandated by Congre ss. I n Publ ic Hou s i n g, Ho using Authorities c an no longer t a ke people on a f irs t-c ome-firs t -serve bas1s o n l y o r n eediest o n ly. The commun i ty has to be divided up i n t o income levels and h a s to s e rve a c erta i n percentage of income level s in the bui lding to mat ch the perc entage of those income levels in t h e City. The inc ome level for the Public Housing Proj e c t i s based on net income ins t ead of gross inc ome . There are cert ain set deductions t h a t are taken out before deciding 1f someone is eligible. Mrs. Jonas stated t hat the averag rent wa s e sti mated to be $10 2 per mon th if t he Broad Range o f I ncome requ i rement is used. Discussion ensued regarding this p r ocedure . Mr s. Jonas stated th at HUD asked the app roval to the deve l opment program. se veral site approv als, she attached program. Discussion ensued regarding EHA to a ttach a copy of the original site Mr s. Jona s stated that since ther e were the o riginal appro val to the development the Development Cost Budget/Cost Statemen t . Mrs. Jon as stated that on a turnkey project, when it is about time for the Ho u sing Authori ty to need the mon ey for the project, the notes are sold and it then takes approxi mately 90 t o 120 days to receive this money . HUD counts the interest from the time they sell the notes until the money is distributed. On a turnkey proje ct the interest is a lot less than it would be if notes were being paid on for the entire construction time. Mr. Burns asked what the 90 to 120 days meant. Mrs. Jonas stated that this is the time it takes when the Housing Authority tells HUD it needs the money until we receive it. Mrs. Jonas stated that this process starts when the Housing Authority gets ready to buy the project from HUD . She stated that Nelson-Roth will get their money from Colorado Housing Finance Authority (CHFA) . She stated that if the Housing Authority wants to buy the project next May we have to tell HUD by February that we want the money. Interest is charged to the Housing Authority from the time the notes are sold by HUD until the money is available to the Housing Authority. Mrs. Jonas then went on to explain the budget in detail. She stated that the development budget shows how much more the actual price is from what the developer's price is. Mr. Burns questioned Resolution *1, Series of 1981 which is a resolution authorizing and directing submission of development program and development cost budget for Turnkey Public Housing Program, Project Number CO 48-2. Discussion ensued regardi n g the wording of such. It wa s de c ided to amend the last paragraph of the resolution . MOTION REV. FIXTER MOVED AND BEV BRADSHAW SECONDED THE MOTION TO AMEND THE LAST PARAGRAPH OF RESOLUTION *1, SERIES OF 1981 TO READ: "THAT THE EXECUTIVE DIRECTOR HAS PREPARED A DEVELOPMENT PRcx:;RAM AND DEVELOPMENT COST BUDGET FOR 100 UNITS OF TURNKEY PUBLIC HOUSING TO BE PROVIDED BY NEW CONSTRUCTION PROJECT *CO 48-2 A<~D THE HOUSING AUTHORITY HEREBY APPROVES THE DEVELOPMENT PROGRAM AND DEVELOPMENT COST BUDGET AS P REPARED AND DIRECTS THE CHAIRMAN TO SIGN THE SAME AND SEND TO THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT." THE MOTION CARRIED AS FOLLOWS: -2- • I • • • • AYES: NAYS: ABSENT: • • • BURNS, BEIER, BRADSHAW, PIXTER, PETERSON ONE NONE MOTION CINDY PETERSON MOVED AND BETTY BEIER SECONDED THE MOTION TO ACCEPT RESOLUTION Ill, 5ERIES OF 1981 WHICH IS A RESOLUTION AUTHORIZING AND DIRECTING SUBMISSION OF DEVELOPMENT PROGRAM k~ DEVELOPMENT COST BUDGET FOR TURNKEY PUBLIC HOUSING PROGRAM, PROJECT NUMBER CO 48-2. THE MOTION CARRIED AS FOLLOWS : AYES: NAYS: BURNS, BEIER, BRADSHAW, FIXTER, PETERSON NONE ABSENT: NONE There was a short break for dinner. 1981 Simon Center Budget Mrs. Jonas discussed the Simon Center budget in detail. She discussed Form 1 - Expenditure Classification. Mrs. Jonas stated that the figures of 1980 are unaudited and unadjusted. Discussion ensued regarding this budget. Mrs. Jonas gave an update on the Simon Center van iss ue. She stated that the City of Englewood gave the Simon Center the use of the van and it is seldom used. One of the Senior Surreys got cut from the budget this year which left the Malley Center without enough transportation. The Simon Center van does not have any seats in it. The City Managers Office, Parks and Recreation and the Housing Division have negotiated to exchange the Senior Surrey with seats for the Simon Center van whi ch will be auctioned off. The Simon Center will share the use of the van with seats with Parks and Recreatien at the Malley Center. The van will remain parked at the Simon Center; and the Malley Center will do the scheduling and pay for the gas and rental. The van will stay in the Housing Authority's name. Discussion ensued regarding the reserve account of Simon Center which is used for building maintenance. Discussion ensued regarding the roof on the Simon Center and whether or not to spend $37 ,000 (which is an estimate from a roof company ), or to replace it, or to spend $10,000 to do it in-house and patch the roof. Mrs . Jonas stated that she is going to do some research on what is available pertaining to the patching of the roof. She stated that perhaps this year the Housing Aut hority could patch the roof and budget next year for repai ring the roof totally. Mrs. Jonas explained the Housing Authority Operations budget. She stated that the 1 9 80 Housing Authority Operations budget was submitted to the City this year, but the City administration chose not to submit it to Council. The City administration said they would p refer to wait to see if the Housing Authority really needed it. Mrs. Jonas stated that once she looked over all the budgets, it looked like the Housing Authority needs this Housing Authority Operations budget. Mrs. Jonas s tated that since the City is havi ng serious financial problems, she hinks that the Housing Authority and the Simon Center are •to the point where they can start paying some o f their own administrative expenses. Mrs. Jonas stated that she recommends to the Board that the Housing Authority Operations Budget be incorpo- rated i nto the Simon Center b udget . Mr. Burns asked if the EHA has the ability to do this. He questioned whether the Simon Center budget has to be kept separate for the EHA's purposes. Mrs. Jonas stated that this would be perfectly legal. -3- I • • • • • .. • Discussion ensu d regarding incorporating thes t budgets. Discussion ensued regar ding increasing the budg for th improvemen account for S1mon Center from $20,000 o $30,000. Mrs. Jonas stated that this money would be used towards the repairing or re lacing of the roof . She stated that if it 1s discov ered that the Housing Authori y can get a better deal on fixing the roo a d i fferent way and it i s more expensive, the sta ff would bring a revision to th Boar d an d discuss t aking the mo ney from the Simon Center reserv account. The r eserve account is to be used f o r e x traordinary maintenance needs. OTION REV. FIXTER MOVED NiD CI NDY PETERSO N SECONDED THE MOTION TO I NCREA SE THE BUILDING I MPROVEMENT FUND BUDGET FOR THE SIHOit C!:N'l'ER F m1 $20 ,000 TO $30 ,000 . THE MOTION CARRIED AS FOLLOWS: AYES : NA YS : ABSENT: BURN S , BEIER , BRAD SHAW, FIXTER , PETERSON NONE NONE MOTION BEV BRADSHAW MOVED AND BETTY BEIER SECONDED THE MOTION TO FUND THE OP ERATING BUDGE T FOR THE HOUSING AUTHORITY WITH THE SIMON CENTER RESERVE FUND. THE MOT I ON CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, FIXTER, PETERSON NON E NONE There being nothing further to discuss, REV. FIXTER MOVED AND CINDY PETERSON SECONDED THE MOTION TO ADJOURN THE MEETING AT 7 :45 P.M. -4- I • • v.lo • • • • The Englewood Housing Authority Minutes of the February 4 , 1981 Spec1al Meeting were officially approved by the Commissioners on February 25, 1981. /]; ~--~~a i~ Englewood Hous i ng Authori ty Director ( Engle wood Housing Author i ty () I • • • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMIS SION FEBRUARY 3, 1981 I. CALL TO ORDER. 5 c The regular meetLng of the City Planning and Zoning Commission was called to order at 7 :00 P . M. by Chairman Judith B. Pi erson . Members present : Barbre , Carson , McBrayer, Pierson, Senti, Tanguma Powers , Ex-officio Members absent: Becker, Draper Also present : Assistant Director of Community Development Romans II. RE-ORGANIZATION OF PLANNING COMMISSION . Mrs . Pierson stated that traditionally , the Planning Commission elects new officers for the coming year at the first meeting in February following the appointment of new members to the Com- mission by the City Council. Mrs . Pierson asked fo r nominations for the position of Chairman. Mr. Tanguma nominated Mrs. Judith B . Pierson as Chairman of the Planning Commission. Mr . Carson seconded the nomination . Mrs . Pierson asked if there were further nominations for Chairman? Mr. Senti moved that the nominations be closed ; Mr . Barbre seconded . Tanguma moved : Carson seconded : The nominat ion of Mrs. Judith B . Pierson as Cha irman of the Planning Commission be unan- imou s . AYES : McBrayer, Pierson, Senti , Tanguma, Barbre , Carson NAYS : None ABSENT : Becker , Draper The motion carried . Mrs . Pierson asked for nominations for Vice-Chairman . Mr. Barbre nominated Mr . McBrayer for Vice-Chairman . Mr . McBrayer asked that his name be withdrawn from considera- tion for Vice-Chairman of the Commission . v I • • • • • .. .. -2- Tanguma moved : McBrayer seconded· Mr . Thad Carson be nominated as Vice-Chairman of the Planning and Zoning Commission, and that the nomination be unanimous . AYES: Carson, McBrayer, Pi erson, Senti, Tanguma, Barbre AYS : None ABSENT: Draper, Becker The motion carried . Mrs . Pierson expressed h er a ppreciation to the Commission members fo r the ir support of her as Chairman this past year, and her re- election to the position for t he coming y ear . Mrs. Pierson announced that Mr. Doyet Barbre and Mr. Eddie Tanguma had been r e-appoint ed to the Planning Commis sion for four-year terms. Mrs. Pi er son stated that there is one vacancy on the Planning Commission as a result of Mr. Williams' termination , a nd that this position will be fill ed as soon as possible . III. APP ROV AL OF MINUTES. Chairman Pierson stated that the Minutes of January 20, 1981, and January 27, 1981, were to be considered for approval . Carson moved : Barbre seconded: The Minutes of the meeting of January 20, 1981, be approved as written. AYES: Carson, McBrayer, Pierson, Senti , Tanguma, Barbre NAYS: None ABSENT : Draper, Becker The motion carried. Barbre moved : Tanguma seconded: The Minutes of the meeting of January 27, 1 981 , be approved as written. AYES: Barbre, Carson, McBrayer, Pierson, Senti, Tanguma NAYS: None ABSENT : Becker, Draper The motion carried . IV. FINDI NGS OF FACT CASE #1-81 Chairman Pierson stated that Findings of Fact and Conclusions on Case #l -81 , the amendment of the Comprehensive Zoning Ordinance to place controls on adult entertainment uses, are to be considered for approval . She asked if there were any suggestions or changes the Commission wished to make in the Findings, which they received prior to the meeting . • • I • • • Carson moved : Tanguma seconded : • • - -3 - The Plannin g Comm ission ap prove t h e Find i ngs of Fact and Conclus ion s fo r Ca se #1-81 , amend- ment o f t he Comprehens iv e Zo n ing Or d inance, §22 .4-10, §22 .4 -11, §22 .4-1 3, §2 2 .4 -14 , and §22 .6, and that the Findings o f Fa c t and Conclusions be referred to the City Council . AYES : McBrayer, Pierson, Sen ti, Tanguma, Barbre , Carson NAYS: None ABSENT : Draper, Be cker The motion carried . V. PUBLIC FORUM . Mrs . Pierson noted that there wa s one individua l i n a t t e n dance , and asked if he wished to address the Commi ssion. Th e gent l e- man did not wish to address the Commission . VI. DIRECTOR'S CHOICE . Ms. Powers apologized for missing the Public Hearing on January 27, 1981, due to illness . Ms. Powers stated that the Management Team, which is composed of Mr. Bob Joyce representing Brady Enterprises, Mr. Fred Kaufman representing EDDA, and herself as representative of the City, met on February 2, 1981. Ms . Powers stated that Mi nutes of these Management Team meetings will be sent to the Plann ing Com- mission when they are finalized. Ms. Powers stated that she planned to begin writing staff reports on these meetings, which she felt might be more valuab l e than the Minutes. Ms . Pow e rs stated that the City of Englewood, the Do wntown Development Authority, and Brady Enterprises, have signed a three-party agreement to participate in the deve lopment of a "p lan" for the downtown development . Th e contract with the consultant, Design Workshop, will be signed next week . The primary contact with the consultant will be a Mr . Don Ensign, and he will be making a presentation before the Planning Commission within the next six weeks or so. Ms. Powers stated that Mr. Ensign has had considerable experience in plannin g issues, and that the firm is located in Aspen. Ms . Powers stated that issues such as flood plain, traffic, etc . will be addr essed . Ms. Powers stated that there a r e a lot of rumors circulatin g and calls being received by the staff regarding the proposal. Some of the rumors seem to stem from the a borted Core Area Plan of several years ago . Ms. Powers asked that if member s of the Commission hear of any of the rumors, or receive any calls re- garding the downtown development plan, to please refer them to staff. ~1s . Powers stated that as soon as the program reall y gets started, that presentations will be made to the public. Ms . Powers stated that the first agenda of each month will have a notation regarding up-dates on the Prowsw ood and Downtown • I • • • • • - -4- Development Authority . Ms. Powers stated that Prowswo od is getting started, bu there is not too much to report at this point in time . Ms. Powers stated that she sat i n on a meeting with HUD, the Executive Director of the Englewood Housing Authority, Mrs. Jonas, and representative s of Nels on-Roth, the developers of the proposed mid-rise building for senior citizens . The original allocation for the 100 un i ts for the elderly and 10 family units was $3,700,000; but with the inflation of the last two years, this was insufficient to do the project which came in at almost $5,000,000. As a result of this meeting, HUD has allocate d another $1,000 ,00 0 fo r this project , bringing the total allocation to almost the $5.000 ,000 needed . It is hoped that ground can be broken for the 100-unit mid-rise building by the first of March . This structure is to be loca- ted just north o f the Safeway Store on East Girard Avenue . Mrs. Romans n oted that last April, representatives of the Area Vocational School appeared before the Planning Commission and discussed using Lowell Elemen tary School as a food service trai ning c enter for student s who are i nterested in this type of work. At that time, it was stated that meals were to be s erved to members of the facul ty, service clubs, etc .• but would not be served to the general public . It was suggested by Mr. Ri c hard Wanush , the Director of Community Development at that time , that if meals were to be served to the general public, further clarification should be sought from the Planning Commission inasmuch as this school is located in a single-family zone d istr ict . Mrs. Romans stated that the Area Vocational School has applied for a sales tax license, and plan to serve meals to the general public four days a week . Mr. Goldstein, Planning Assistant, talked to Mr. Ball of the Area Vocational School, and suggested that they should perhaps check further with the Planning Commission. Mr. Ball seemed to be of the opinion that the school system could do whatever they wanted to do on their own property, and were not required to get clearance from the City . Mrs. Romans stated that she is asking the opinion of the Planning Commission ; do they feel it is necessary that the people from the Area Vocational School come back t o the Plann i ng Commission for further clarification of the proposal ? Mrs. Romans stated that she had placed a call to Dr . Da vidson , Superintendent of Schools, but that he was in a meeting all day , and she had not been able to discuss it with him . Mrs . Romans discussed her concern in allowing uses not permitted in the residential zone district to go into the vac ant school bu ildings, noting that all of the schools which have been closed, Lowell Elementary, Scenic View Elementary, Washington Elementary, and Duncan Elementary are in a single- family zone district. Mrs . Romans stated that she felt the City needed some control over the use to which these vacant schools are put . She acknowledged that the serving of meals to the public from Lowell Elementary School may not create a big problem , and could be a public service if the meals are served to the elderly people, for instance, at a reasonable price. She again asked for the opinion of the Commission should the City be concerned at this point in time? I • • c • • • - -5 - Mrs. Pierson stated that as she recalled discussions regar ding code enforcement, the Cormn ission was to act when "something was going awry ." She suggested that perhaps the Vocational Schools should be left alone until a problem arise s. Mr . Tanguma pointed out that all schools serve meals to the public from time-to-t ime . He asked if this would be done on a daily basis? Mrs . Romans repeated that it would be done four days a week. Mrs . Roman s stated that she felt this was a good program, and provided good training for the students who want to pursue thi s line of work ; her concern is that it is in a single-family residentia l dis- trict. Further discussion ensued . It was the concensus of the Commission that the matter not be pursued unless complaints or objections from area residents are lodged against the Voca- tional School project . VII. COMMISSION'S CHOICE . Mrs . Pierson asked that members start thinking about attendance at the American Planning Association Conference, which will be held in April in Boston . Ms. Powers stated that the Conferen ce will be April 25th through April 30th . Mrs. Pierson asked if there were funds in the budget for the attendance of two com- mission members at this Conference? Mrs. Romans stated that she had requested funds for the attendance of two members in the 1981 budget, but funding for one member is all that was approved. Mrs. Pierson stated that this is an excellent training conference for Commission members . Mr. McBrayer stated that he would like to remind other Commission members that the next meeting of the Bicycle Trails Committee will be on February 24th at 7:00P.M. in the Library Conferen ce Room . He stated that there will be publicity in the Englewood Sentinel, and the Denver Post "Neighbors" supplement, as well as an article in the Englewood Citizen. Mrs. Romans asked Mr . McBrayer if he would be checking with the staff on the visual aids he would want for the meeting? Mr. McBrayer stated that he would be in to check with the staff ; he also wants to send a letter to those individuals who were in a tt endance at the last meeting. Mrs. Pierson pointed out that the next meeting of the Cormnission is scheduled for Wednesday, February 18th because of the holiday on Monday, the 16th. Mrs. Pierson stated that this is the be- ginning of a new year for the Commission ; there is a new Di rector of Community Development , Mrs. Romans is no longer having t o assume the responsibilities of two positions, and the Commission appears to be "facing a period of calm." She suggested that perhaps now is the time for the Commission to review the Go als and Courses of Action from the Comprehensive Plan, and determine projects they want to concentrate on in this next year . She suggested that possibly the meeting on February 18th could be a brain-storming session. Ms. Powers stated that she had asked the Division Heads of the Community Development Department to do essentially the same thing, and she felt that the list Mrs . Romans developed would • I> I • • • • • .. -6- be of interest to the Planning Commission. She suggested that possibly this could be reproduced and sent to the Commission in their next packet . Mrs . Pierson asked if matters that come up periodically, such as the Capital Improvement Program, could be shown on a schedule? Mrs . Romans indicated that this could be done for the Capital Improvement Program and the State Highway Work Program, the two items which the Commission considers each year on regular basis . Mr. Tanguma asked how long it has been since the Planning Com- mission met with the City Council? Mrs . Pierson noted that the Commission has yet to meet with the present City Council . Ms. Powers stated that the Board of Adjustment has asked for a meeting with the City Council. Mrs . Romans noted that the Planning Commission has also discussed having meetings with the Board of Ad justment and with the Housing Authority . Mrs. Pierson stated that several years ago the Commission and City Council had a dinner meeting ; she suggested that possibly staff could check to see if City Council would be available for a dinner meeting som evening . Mrs. Pierson suggested that the meeting of February 18th be set for Conferen ce Room A if it is to be a work session. Mr. Senti stated that he would not be able to attend the meeting on February 18th . Di scus sion ensued. It was suggested that possibly the Commission could meet on February 17th, the regular meeting time, even though the City Council would also be meeting that night. It was the concensus of the Commission that they would meet on February 17th at 7:00P.M.; the staff is to reserve a meeting room for this date. The meeting adjourned at 7:40P.M. • I • • • • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: February 3, 1981 SUBJECT: Findings of Fact -Case #1-81 RECOMMENDATION: Carson moved: Tanguma seconded: The Planning Commission approve the Findings of Fact on Case #1-81, amendment of §22.4-10, §22.4-11, §22.4-13, 122.4-14 and §22.6 of the Comprehensive Zoning Ordinance, and refer the Findings of Fact to the City Council. AYES: McBrayer, Pierson, Senti, Tanguma, Barbre, Carson NAYS: None ABSENT: Draper, Becker The motion carried. By Order of the City Planning and Zoning Commission . • 0 I • • • • • CITY PLANNING AND ZONING COMMISSION ENGLEWOOD, COLORADO IN THE MATTER OF CASE NO. 1-81 ) FINDINGS OF FACT , CONC LUSIONS ) AND RECOMMENDATIONS RELATING ) TO AMENDM ENTS TO §22 .4-10 , ) §22.4-Il, §22.4-13, §2 2 .4-14, ) AND §22.6 OF THE COMPREHENSIVE ) ZONING ORDINANCE WHICH WO ULD ) ADD THE DEFINITION OF AD ULT ) ENTERTAINMENT BUSINE SS AND ) WHI CH WOULD TEMPORARILY PRO-) HIBIT THE ESTABLISHME NT OF ) SUC H BUSINESSES IN CERTAIN ) AREAS OF THE CITY AND PROVIDE ) FOR THE TERMINATION OF NON-) CONFORMING ADULT ENTERTAIN-) MENT BUSINESSES. ) A Public Hear ing was held in connec tion with Case No. 1-81 on January 2 7, 1981, in the City Council Chambers of the Englewood City Hall. The following members of the City Planning and Zoning Commission were present: Mr. Barbre, Mrs. Becker, Mr. Carson, Mr. Draper, Mr. McBrayer, Mrs. Pierson, Mr. Senti, Mr. Tanguma and Mr. Williams. No members were absent. FINDINGS OF FACT Upon review of the evidence taken in the form of testimony, presentations, report s and filed documents, the City Planning and Zoning Commission makes the following Findings of fact: 1. That proper notice of the Public Hearing was given. 2. That the Englewood City Council adopted a Comprehensive Plan for the City by Resolution No. 49, Series of 1979, on December 3, 1979, and that 113 Englewood citizens and business people participated in the d e v e lopment of that Plan. 3. That in approving the Comprehensive Plan, the City Council adopted certain Goals for the City which were developed by the Comprehen- sive Plan Review committees, which Goals affirm the desire of the citizens of Englewood to "Maintain the residential neighborhoods as the corner- stone of our community"; "To provide the environment necessary to maintain a stable population"; and "To insure a balance among the residential, com- mercial and industrial areas of the City." 4. That the concentration of adult entertainment businesses • • ) I • • f ' • • • - -2- in cities tend s t o result in the b lighting and deterioration of the areas of such concentration and, a ccordingly, it is n ecessary that these busines ses be regulated in such a manner as to prevent th erosion of the character of all affected neighborhoods. 5. That testimony presented st the Public Hearing demonstrates the blighting effect adult entertainment businesses have u pon adjacent businesses, the serious deteriorati ng effect such uses have on the character of the adjacent residential neighborhoods, as well as the disturbance these uses have on the tranquility and peace of residents re siding in these resi- dential neighborhoods as a result of the unrestricted and un cont rolled lo- cation of adult entertainment businesses. 6. That pending further study of the deleterious e ffects that a concentration of adult entertainment businesses have upon residential neigh- borhoods, schools, churches, parks, playgrounds, publi c buildin gs and other businesses, it is necessary to prohibit, on an interi m basis, the es tabl ish- ment of the following adult entertainment businesses until appropriate remedial zoning regulations can be developed and adopted : Adult Bookstore, Adult Mini Motion Picture Theater, Adult Motel, Adult Motion Picture Arcade, Adult Motion Picture Theater, Cabaret, Massage Parlor, Model Studio or Sexual Encounter Center. 7. That the establishment of adult entertainment businesses would be enjoined for a period of six (6) months or until such time as a permanent adult entertainment zoning ordinance is developed and adopted , whichever should first occur, and that this time is necessary to permit further study of any deleterious effects of the adult entertainment businesses and to develop and to adopt appropriate remedial zoning regula- tions. 8. That nothing in the proposed amendm e nt s would authorize, legalize, or permit the establishment, operation or maintenance of any business, building or activity which violates any municipal ordinance or any provisions of the Colorado Criminal Code or Civil Code regard i ng nuisances, sexual conduct, ob s cene matter or harmful matter. 9. That the foregoing is adequately subs tantiated by th e record of the aforementioned Public Hearing whic h is on file with the Secretary to the City Planning and Zo ning Commission. CONCLUSIONS 1. That proper notice of the Public Hearing was given in compliance with §22.3-4 of the Comprehensive Zoning Ordinance. 2. That Goals for the long-range Planning for the desired development of the City of Englewood, Colorado, were approved by City Council in Resolution Number 49, Series of 1979, upon the recommenda- tion of the City Planning and Zoning Commission and recorded in the office of the Arapahoe County Clerk and Recorder . • I • • • • • .. -3- 3. That the following official Goals of the City of Englewood are germane to the issue at hand: (a) To main tain the resident ial neighborhoods as the co rn erstone of ou r community; and (b) To provide the environment necessary to maintain a s table population; (c) To insure a balance among the residential, commercial , and industrial areas of the City. 4. That the conce ntration of adult entertainment businesses result in the blighting and deterioration of the area in which they are concentrated as well as to adjacent residential neighborhoods and to c hurches, schools, parks, playgrounds, and public buildings . 5. That it is to the best interest of the present and future character of the residential neighborhoods and the necessary community facilities which serve them, as well as to the business community, to regulate adult entertainment uses in order to insure that the adverse effects of the concentration of those uses will not contribute to the blighting or downgrading of those areas. 6. That further study is necessary to develop a procedure to regulate adult entertainment businesses and, to this end, the establish- ment of adult entertainment businesses within the City of Englewood should be enjoined for six months or until such time as a permanent adult enter- tainment business zoning ordinance is developed and adopted, whichever should first occur. RECOMMENDATION Therefore, it is the recommendation of the City Planning and Zoning Commission to the City Council, that the Comprehensive Zoning Ordinance, Ordinance No. 26, Series of 1963, as amended, be amended by adding §22.4-10 h, §22.4-11 h, §22.4-13 k, and §22.4-14 i, temporarily prohibiting the establishment of adult entertainment businesses in certain areas of the City of Englewood, and by amending §22.6 to provide for the termination of any adult entertainment business which is determined to be non-conforming pursuant to the provisions of the Comprehensive Zoning Ordinance. Upon the vote on a motion made at a meeting of the City Planning and Zoning Commission on January 27, 1981: • 0 I • • • • • • • -4- Those memb ers voting in favor of the motion: Mr . Barbre, Mrs. Becker, Mr. Carson, Mr. Draper, Mr. Mc Brayer, Mrs. Pierson , Mr. Senti , Mr. Tanguma and Mr. Williams. There were no dissenting votes. BY ORDER OF THE CITY PLANNI NG AND ZONING COMMISSION. • • I • • ( • • • .. LIQUOR LICENSE AUTHORI TY MINUTES February 4, 1981 The meeting was called to order at 7:30 p.m. by Chairperson Donald Styes. MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Ronald Blanchard, Ronald lunders, Donald Styes, .Lloyd Bryan Frances Cosby Eric Johannisson, Revenue Chief Brenda Jarrett, Recording Secretary * * * 5 D MR . BRYAN MOVED, AND MR. BLANCHARD SECONDED, TO APPROVE THE MINUTES OF THE MEETING OF JANUARY 21, 1981. AYES: NAYS: The motion carried. Ronald Blanchard, Ronald Lunders, Donald Styes, Lloyd Bryan None * * The Authority received a request from the new owners of Showbiz Pizza Place, formerly Lord Byrons, for change of ownership. Present to speak for the application were Thomas J. Corcoran, Jr., senior project coordinator for Showbiz Pizza Place, Inc. 2209 W. 29th Pl. Topeka, Ks. 66611; Philip Eatherton, Eatherton Realty, 1888 S. Jackson, Denver, CO 80210; James Arkell, Attorney, 700 Denver Club Bldg, Denver, co 80202. The Board questioned these gentlemen at length regarding supervision of minors, the types of amusement devices to be located at this facility, etc. Mr. Corcoran s tated that a uniformed off-duty police officer would be present as well as a mana ger and assistant managers to supervise sale of beer and wine. Their intention is that this will be a family oriented establishment. No one under 18 will be admitted without an adult . Amusement devices will be primarily child oriented with only two or three pinball type machines. Although the license would permit the sale of other types of alcoholic beverages, Mr. Corcoran assured the Board that only beer and wine would be sold. MR . BLANCHARD MOVED, AND MR. BRYAN SECONDED, TO APPROVE TRANSFER OF OWN~RSHIP OF THE HOTEL/RESTAURANT LICENSE OF LORD BYRON'S, 1001 W. HAMPDEN, TO SHOWBIZ PIZZA PLACE . AYES: NAYS: The motion carried . Ronald Blanchard, Ronald lunders, Donald Styes Lloyd Bryan None * * * • I • • r elruary 4, 19!11 pag e 2 - .. • • • Sa feway Stores, Inc. incurred a change in corporate structure concerning Clifford L. Gan t, Controller and Corporate Officer. Their store in Englewood is located at 125 E. Girard Ave. Mr. Lunders pointed out that their application was filled out incorrectly. Rather th an state individual home addresses for the officers of the corporation, the address of the corporate headquarters was used for each. The Board directed the record ing secretary to request an amended application showing correct addresses. MR. LUNDERS MOVED, AND MR. BRYAN SECONDED, TO APPROVE THE APPLICATION FROM SAFEWAY STORES , INC. FOR CHANGE IN CORPORATE STRUCTURE WITH THE STIPULATION THAT AN AMENDED APPLICATION BE FILED SHOWING ACTUAL HOME ADDRESSES OF THE CORPORATE OFF ICERS. AYES: NAYS: The motion carri ed. Ronald Blanchard, Ro nald Lunders, Donald Styes, Lloyd Bryan None * * * The Ground Round submitted an application for a new manager. However, they neglected to include three letters of reference. The Board, therefore, tabled the matter until the letters are received. * * * Judy Tolbert and Charles Dotson of the State Liquor Commission were present to talk informally with the Authority and answer their questions concerning the fun ctions of the State. * * * There being no further business to discuss, the meeting was adjourned at 9:20 p.m. • • 0 I . • • • • • • SPEClAL MEETING Englewood Public Library Advisory Board February 10, 1981 5 Bruce Hogue, Vice Chairman, called the Special Meeting to order at 7:30p.m. PRESENT: ABSENT: ALSO ATIENDING : Bruce Hogue, Norm Kerswill, Dalton Nordyke Joe Rathburn, Jerry Valde s, and Dorothy Wheelehan . Robert Currie, Howard Morarie, Jr., and Lois Sterling. Sharon L. Winkle, Director of Libraries Teri Metros, Acting Administrative Assistant Karen Kelley, Children's Librarian LeiOma Koestner, Ci rculation Librarian Adeline Czarny, Bookmobile Librarian Eileen Browne, Recording Secretary The Director introduced the members of the Library Planning Committee which includes Joe Rathburn and Dorothy Wheelehan -representing the Library Advisory Board and Library Staff Members: Teri Metros; Karen Kelley; LeiOma Koestner; and Adeline Czarny. Ms. Winkle stated that her position on the Library Planning Committee was that of Facilitator. During a step-by-step discussion of the Committee's Draft Report there were questions directed to both the Library Advisory Board Representatives and to Staff members on the Library Planning Committee from members of the Advisory Board. On behalf of the Library Advisory Board, Bruce Hogue stated how impressed the Board was with the work done so far and encouraged the Committee to press on to the development of the "pol icy" port ion of the report. In response to a question asked by Dalton Nordyke the final document would need the Board's approval . be made available to the general public. Joe Rathburn made the motion to: Adjourn the meeting. Ms. Winkle replied that The final document will Seconded by Dorothy Wheelehan, the motion carried unanimously. The meeting adjourned at 8:55 p.m. f) I • • • Board Members Present: Board Members Absent: Staff Members Present: Guests & Visitors: • • - ENGLEWOOD oo.J TOWN DEVELOPMENT A TI!ORITY 3535 S Sherman -Englewood, CO 80110 HTNUTES Wednesday, February 11, 1981 5 F Artzberger, Allen , Coleman , Casson, Gl enn, Holthaus, Kaufman, Neal, Robohm Maxwell, Mausolf Thompson, Burger, Gilfoil Board Attorney Harkness Susan Powers, Mayor Eugene Otis, Rick DeWitt, Jeanette Bush, Hobart Moss, Rachel Owens, Ed Cordova, Paul Beattie, Val Hoyt Board Chairman Holthaus called the meeting to order at 12:10 P.M. The Minutes of the January 28th Special Board of Directors meeting were amended to read " copy from minutes attached" upon motion by Glenn, second by Casson. Motion carried. Treasurer Casson reviewed the Treasurer's Report and stated he wa s reviewing t he D.D.A. cash flow and would have a full report no later than the ~A r c h Regular Board of Directors meeting. Bills in the amount of $328.06 were approved for payment upon motion by Robohm, second by Allen. Motion carried. A Management Team report was presented by Board member Kaufman stating the team had met and they were concerned over rumors and suggested that Ms. Powers handle centrally any press releases or questions. Ms Powers stated that the Team would be developing a public relations c ampaign and she was in favor of all members in the Team being vocal about the proposed development. Real Estate Committee Chairman Allen reported that he ~d a list of prospect s that were sent information about the sale of the public service building. Allen queried the Board regarding listing the building with a r ealtor and selection of one.Mr. Gassen stated that the price presently being asked included the monies for the parking assessment and stated that a lender would lend the money for that. He recomme nded re-pricing the building, d educting the assessment. Discussion followed regarding leasing the buildin g but the idea was rejected due to the costs involved. It was agreed by th e board that Mr. Allen would contact interested prospects with the new price of $148,000. Upon motion by Casson, second by Artzberger. Motion carried. The Director Search Committee reports was given by Chairman Casson stating Mr. Reaumey had been contacted regarding the recommended changes in the contract, which were acceptable. Mr. Reaumey will come to Englewood February 24th and 25th to ascertain the type of person the Board wants to fill the position,get a better understanding of the position, propose a time line and recommend a salary figure. Mr. Reaume would like to interview Board member, staff, city personnel • 0 I • • • • • and s ome business people. The mee tings will be held at Continental Nationa l Bank. Board member Glenn was nam e d to the Director Search Committ e e to rep l a ce Boa rd me mber Artzberger . Board membe r Neal asked the bo ard if they would schedule a work session with the Managemen t Team and Feb ruary 20, 1981 at 1 1:45 A.M. vas s e t. After comm en ts f r om Mr . Hobart Moss and Hr. Ed Cordova regarding what was really go ing to ha p pen on Broadway , Board member Kaufman stated that the plans were only in the s t a rting phases and as soon as something was more firm there would be comme nt at that time. Board Attorney Loring Harkenss reported to the Board on the purposes and powers of a Do wntown Development Authority. In general a Downtown Development Authority is i nvolved in planning, development, redevelopment and financing. After a ques tion and answer period the meeting vas adjourned at 1:39 P.M. • ) I • • ( ( • • • • ENGLEWOOD DOWNT<JJN DEVELOPMENT AtmiORITY 3535 S Sherman -Englewood, CO 80110 5 F Wednesday, February 25, 1981 MINUTES Board Members Present: Holthaus, Artzberger, Coleman, Maxwell, Robohm, Kaufman, Gasson, Glenn, Mausolf Board Members Absent: Neal, Allen Staff Present: Van Vorst, Burger, Board Attorney Harkness Guests & Visitors: Jodie Noll, Paul Reaume, Hobart Moss, Duane Olivier, Ed Cordova, Buffy Gilfoil, Jeanette Bush, Susan Powers, Rachael Owens. Board Chairman Holthaus called the meeting to order at 12:16 P.M. The Minutes of the special meeting of December 30, 1980 were approved as published upon motion by Kaufman, second by Coleman. The Minutes of the Regular Board meeting of February 11, 1981 were approved as published upon motion by Robohm, second by Gasson. The Treasurer's report was presented by Board Treasurer Gasson who stated that more detail would be provided at a later date. The report was as of 1/31/81. The Bills for payment were brought forth by Treasurer Gasson in to corrected amount of $584.64 due to an error in purchase req. 17582 which should now read $233.30. The Bills were approved for payment upon motion by Robohm, second by Kaufman. Item #6 on the agenda dealt with the resignation of George Allen from the EDDA board. The resignation is to be effective as of March 1. No letter has been received from Board member Allen as of the date of this meeting so no action was taken until such time as the letter is sent to the board of directors. Item 7 was also tabled until the letter from Mr. Allen can be received. The Executive Committee will meet with Mr. Don Bowen at 8:00A.M., Friday February 27, 1981 regarding relocation. The Management Team Report presented by board member Kaufman stated the "team" is planning a public relations program to present to senior citizens groups, Chamber of Commerce, Service Clubs, citizen groups, School board, Cinderella City Merchant's Association, d.b.a./ ENGLEWOOD, etc. The team needs speakers and Board member Artzberger volunteered to speak. The plans will be finalized Thursday March 5, 1981 • • I • • 0 • • • • .. • 2 Board Chairaan Holthaus informed the board of 2 changes to the Agreement with Design Workshop, Inc. Change 11: page 2, item F, change to 40 copies of Report to be published and 3 copys of the Appendix: 1 for City, 1 for Brady, 1 for EDDA. Change 12: Page 2, item 3A Change to : EDDA or it's designee, " from EDDA. Board Attorney Harkness, approved the changes and stated the Agreement was ready to sign by the Chairman and Secretary. The meeting vas then turned over to Mr. Paul Reaume to diacuss with the board the Draft of the Recruitment profile and the process of recruitment. After must discussion, upon motion by Artzberger, second by Mausolf, the recruitment profile, excluding publication of the aalary figure was approved. Motion carried. The meeting adjourned at 1:28 p.m. I • • • • TO: FROM: DATE: SUBJECT: • • • MEP«>RANDlJ1 Honorable Mayor Eugene L. Otis and Members of City Council Louis Parkinson, Municipal Judge February 25, 1981 MUNICIPAL COURT ACTIVITY REPORT FOR JANUARY, 1981 Attached is the Municipal Court Activity Report for the month of January, 1981. The report is being transmitted to keep you fully informed of Court activity and requires no action by City Council. /b Att. • 5 G , I • • ' , ~· ,- ~ r-· j. • • • - ICIP AL COURT ACTIVI TY REPORT REVENUE SOURCE JAHUXRi' I 81 Vi olati ons Bureou Ftnes--·····----------··S 5 ,235 .00 Pa r king Vi o l at i on Fi ne s-----·-··········-·S 8,649.5 Co urt Cases-------------------------------S I 3 ,011 . 00 Court Costs----·-··--·----······----------S 4,355.00 WI tness Fees------------------------------S J ury Fees---------------------------------S Bond Forfeitures--------------------------S Drive r lloprov-nt School Fees------------S Apoeol Bond Fees--------------------------S 50.00 25 .00 150.00 315.00 -0- AraJN~hoe County OUt's )--------------------$ 905.00 TOTAL S S 32,69 5 .56 ARRA I GIIIIENTS------------------------------ Guilty pleu (i ncl. nolo pleu )-------- Not Guilty pleu----------------------- Cont'd, F11led to Appeor, OhOt.-------- TRAFFIC VIOlATIONS 8UREAU----------------- Gu i 1 ty pleas--------------------------- Not Guilty pleu----------------------- TR1ALS SCHEOULEO FOR MONTH---------------- Trials to the Court (held)------------- Jury trials (held)--------------------- Juries cancelled----------------------- Juries continued----------------------- Juries di Sllissed----------------------- Pre-trial Conferences(Juries )------------- ()pti-1 Pre-trial Conferences------------ Special Hen! ngs--------------------------ccrs closed by disposition--------------- Gases closed by Oef. Pros./Sentence------- Orher School attendaoce------------------ Warrants and Executions issued------------ Cases pending (not incl. parking)---------· NO. OF CASES FILE O BY CATAGORY : Moving traffic violations----------------- Perk 1ng vi ol at1 ons------------------------ Shop 1i ft 1 ng vi olltions-------------------- Other ordinance violations---------------- Ani•l ord inance violations--------------- Complai nts (citizen, sales tax, bldg .)---- TOTALS Y, Court 444 190 140 11 4 333 250 83 286 ( 12) 264 !10) 22 2) 19 1 0 20 180 61 130 4 18 100 1,733 582 1,232 24 39 19 __ o 1,896 JANUAR Y 1980 5 ,566.00 4,46 7.00 10,178.00 3 ,45 2.00 50 .00 -0- -0- 240.00 -0- ~ 24,075 .50 345 143 121 81 396 316 80 21g ( 5) 200 ( 4) 19 ( 1) 18 0 0 19 205 33 178 6 23 95 1,655 63 3 1 ,64 3 17 20 28 __ o 2,368 cc : Judge Louis Parkinson Honorable Mayor Eugene L. Otis and Metrbers of City Council ~dy McCown, City Manager Rick OeWitt, City Attorney Robert Ho lmes, Chief of Pol ice Gary tligbee, Director of Fina nce Carolync Boe ttger, Court ~d•ni ni strator ToT AL s FOR YEAR SAME totAL s FOR YE AR SAME 0 I • • • • • • • • • SH M E ~~ 0 R A D U M TO: Chief Robert R. Holmes FROM: Lieutenant Robert I. Bailey DATE: February 27, 1981 SUBJECT: POLICE RECORDS AND CO~tnlNICATIONS WORKSHOP SAVANNAH, GEORGIA I was recently assigned to attend a workshop on Police Records and Communications sponsored by the International Association of Chiefs of Police. This program was conducted in Savannah, Georgia, on February 16-20, 1981. The information provided in this workshop was well presented by highly qual ified instructors and supplemented with comprehensive reference materials. The content was formulated to provide relevant information to medium si ze departments pre sently using manual systems. The context was such that no "earth shattering", expensive co nce pt s were dwelled upon. The theme was generally based on need and cost effectiveness as they pertained to the individual departments. I feel that this was one of the most informative programs I have attended on the subject of records and communications in the poli ce field. Some of the subjects covered were : Organizational and administrative aspects Environmental design factor s Overview of police c ommuni cat ions systems Overview of police records systems Model systems presentation /discussion ~fanual records systems Application of automated technology Records audit and evaluation systems Privacy and security of records information These sugject s were presented in s uch a manner that I was able to glean out that information which cou ld be of the most benefit to our department, based on size a nd the sys tems we use. • I • • • • • • ,. • -2- Attendance consisted of 54 participants from 18 states and the Virgin Islands. Time was allocated for exchange of ideas between individuals and in groups. The interest factor carried over from the classroom into social times, and provided for some very interesting and worthwhile discussions of systems, formats, equipment, procedures, etc. I feel that, through this exposure, I have been provided with some progressive ideas which could have an impact on the proficiency and employee moral of the support services unit in a beneficial yet cost effective way. I appreciate the confidence you have shown in affording me this opportunity. ~~ Robert I. Bailey, Li t Support Services Unit Co der • I • • • • • • • , . • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA lTEH SUBJECT February 11, 1981 Suppleftents 87 & 88 Southgate Sanitation District INITIATED BY --~So~u~t~h~ga~t~e~Sa~n~i~ta~t~i~o~n~D~i~st~r~i~c~t--------------------------- ACTION PROPOSED Approve annexation of additional land into Southgate Sanitation service area. INT~ODUCTION: A request was made by the Southgate Sanitation District representing the owners/developers for annexation to Southgate Sanitation service area . BACKGROUND INFORMATION: a. Supplement 87 is a single family residential tap in L~iew Acres Subdivision, Lot 6 b. Supplement 88 contains 7.27 acres and will be used for office park development. The site is located south of Orchard on Maplewood and Syracuse near I-25. FINANCIAL DETAILS: None • I . . I • • • • • • • RECOMMENDATIONS : That the District be allowed to annex Supplements 87 & 88 to Southgate Sanitation District. The District has a letter on file in the Utilities Department which states that no additional taps will be added to their allocation because of additional inclusions . • 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 February 11, 1981 Future Sewer Contracts with Districts INITIATED BY Water and Sewer Board ACTION PROPOSED Rec011111end to have the attorney, David Hahn, produce a sample contract for future sewer contracts in the districts. INTRODUCTION: David Hahn was ~reviously selected by Council to review all the sewer contracts with the City. Mr. Hahn has completed his report, copies of which have been distributed to Council and the Water and Sewer Board. BACKGROUND INFORMATION: The number of sewer districts has increased greatly since the City began supplying treatment facilities for areas desiring sewage treatment service. Revised contracts should be negotiated when present contracts expire. It would be advantageous for the City to establish the basic elements of all future agreements in a standarized contract that could be modified to fit individual circumstances. FINANCIAL DETAILS: Fee to be negotiated . • I . • • • - RECOMMENDATIONS: That attorney, David Hahn proceed to supply tbe council and Water and Sewer Board with a sample contract for future sewer service agreements between the City and its connector districts. I . • • • • • • .. • WATER AND SEl4ER BOARD February 11 , 1981 Regular Meeting The meeting was called to order at 5:03 p.m. by Chainman Gibson. Members present: Best, Feamster, Fitzpatrick, Gibson, Giseburt, Higday, Schnackenberg, Otis Members absent: None Also present: Stewart H. Fonda, Director of Utilities Bill Brookshire, Director of Wastewater Treatment I. COft1ENTS FROM BILL BROOKSHIRE Mr. Brookshire stated that reactivation of the old plant was in progress and the cleaning process has been completed by Diamond Reserval. The paint contractor will begin working in March and at present time the plans are to have the old plant on line in September, 1981. Henningson, Durham and Richardson are presently working on the design for the Bi-City plant expansion. It is anticipated that when the plans are complete, the plant capacity will increase from 20.0 M.G.D. to 33.3 M.G.D. II. WATER SERVICE FOR CAR WASH ON BRYANT STREET & HIGHWAY 285 Mr. Fonda stated that Mr. Tourney was unable to attend the board meeting due to a death in the family and that he would advise the board what was discussed with Mr. Tourney. He stated that Mr. Tourney agreed to limit any future expansion on the mobile home park to 15 equivalent taps. Mr. Schnackenberg moved; Mr. Fitzpatrick seconded : To have Mr. Fonda proceed with making the required changes in the Water Contract. • I • • • • • • • • • .. • -3- position South Englewood Sanitation District will take. Mr. Higday stated that he would like to be advised when South Englewood Sanitation has their regular meetings as he would like to know what type of action that Board will take in response to the letter from South Arapahoe/Southqate Districts. V. CITY DITCH AGREEME~S The owners/developers of Parkview Subdivision, located in the City of Littleton, desire to replace the road and bridge crossing in the area of South Prince and Euclid Avenue and also install a pedestrian bridge across City Ditch near this area. Mr. Best moved; Mr. Giseburt seconded: To approve the City Ditch License Agreements for Parkview Subdivision. Ayes: Best, Feemster, Fitzpatrick, Gibson, Giseburt, Higday, Otis Schnackenberg Nays: None Absent: None Motion carried. VI. REPORTS FROM DAVID J. HAHN ON SEWER CONTRACTS Mr. Fonda stated that the attorney had completed his report on the sewer district agreements and requested comments from the Board. Mr. Giseburt moved; Mr. Schnackenberg seconded: To recommend to Council to have the attorney, David Hahn continue the report by writing a sample contract for future sewer agreements . Ayes: Best, Feamster, Fitzpatrick, Gibson, Giseburt, Higday, Otis Schnackenberg Nays: None Absent: None Motion carried . I . • n • • - -2- Ayes: Best, Feams er, Fitzpatrick, Gibson, Gisebur t, Higday, Otis , Schnackenberg Nay s : Non e Ab s ent : None Motion carried. III. SUP PL EM ENTS 87-88 SOU THGAT E SANITAT ION DISTRICT a . Supplement 87 i s a s in gle family res i de nt i al tap i n Longvie w ac re s Su bd iv isi on , Lot 6 . b . Suppleme nt 88 co ntains 7 .27 acr es and will be used for offi ce park deve l opment . The s i t e is l ocated south of Orc ha r d on Ma plewood and Syracuse ne a r 1-25. Mr . Fonda r ecomm ended t hat the Board a pprove Supp lements 87 and 88 to Southg ate Sanitation Dis t r ict . Mr s . Fea mster moved ; Mr. Schnackenber g s econded: To recommend to Council approval of Supplement 87 -88 Southgate Sanitation District. Ay es: Best, Fea mster, Fitz patrick, Gibson, Giseburt, Higday, Otis, Schnackenberg Nays: None Absent: None Motion carried . IV. SOUTH ARAPAHOE/SOUTHGATE SANITATION DISTRICT SEWER OUTFALL MAIN Mr. Fonda referred to the letter addressed to South Englewood Sanitation District No. 1 from Charles R. Bruce, president of South Arapahoe Sanitation District . The Board members expressed concern that tap restrictions in the area of the South Englewood Sanitation District located in the City of Englewood could be imposed i f the matter ended in litigation. Mr. Fonda stated that the City should not be too concerned at this time. The Districts are requesting participation from South Englewood Sanitation District for any new taps allowed on the trunk line which belongs to South Arapahoe and Sou t hgate Sanitation Distr i cts . It is not known what • I • • • • .. • -4- VII. ELECTION OF CHAIRMAN AND VICE CHAIRMAN Chairman Gibson stated that ~inations were open for Chairman and Vice Chairman of the Water and Sewer Board for the remainder of the year through Febru ary, 1982 . Mr . Gibson was nominated and elected unanimously for Ch airman . Mr . Schnackenberg was nominated and elected unanimously for Vice Chairman. Meeting adjourned at 6:50 p.m. Respectfully submitted, -~~~L~ Kay Roberts Recording Secretary I . • • • • • • ~D PARKS & RECREATIOO <XH«SSIOO Minutes of February U. 1981 The regular 100nthly meeting of the ~lewood Parks & Recreation Calmission was called to order at 5:00 p .m. by Cha:imlm Jack Poole in the Parks & Recreation Office . MeDiJers present : Allen, Bradshaw, Hewitt, Higday, Heward, Poole , Richards MeDDers absent : Also present: Rc.mans, ex officio IbJg Foe, Asst. Director of Parks & Recreation Leon Kuhn, Asst. Director of Parks & Recreation WAnne Mickelson, Malley Center Director R Dr. Gateway Milli&&n. Chaiman, Sr . Citizens Advisory Ccmni.ttee Howard rooved, Allen seconded that the min.lt:es of January 24, 1981 be approved as mailed. Leon Kum relayedcontents of correspcndeoce fran Richard D. Dittaoore, attor- ney for Sam and Vivian Hall. It was in respaoae to a letter fran City Hsnager HcCcM1 regarding his authorization fran City Comcil to offer ~15-20, 000 for the Hall pro- perty east of Centennial Park. Mr. DittemDre' s letter answered that the Hall's are not interested in selling the property at the suggested price and are in the frare of mind to keep the property for loog term gain. Doug Foe explained the procedure as to how a recreation activity is planned by reviewing program projection, seasonal budget and goal report, and the pilot program policy~ He then brought attention to the Recreation Division Increase Proposal which -was presented to Ccmnission. This proposal recannended the following : l. not charging indirect costs to participants, 2. uot charging a non-resident fee, 3. re- covering an additional 10'/. of direct costs for all youth activities; 4. begin charging for Playground and Jr. American programs, and 5. adult activities fees not be in- creased. Lengthy discussion was held on these reccmuendations. Calmission was in consensus in opposing a fee for the present no-charge Playgrounds and Jr. American programs. It was felt that because one of the purposes of the Recreation Department is to provide recreation for Engl~ youth, a fee on these two "for-Engl~-youth­ only" programs 'ioX>uld defeat this goal. Cawlission also discouraged increasing the • I • • - • • • .. - fees of other youth recreation p rograms. Discussion was held oo lolhether tnl-residents should pay additiooal charges for participation in ~lewood recreation programs . Calmi.ssion felt that m added fee charge should be paid by tnl-residents 'lob:> register for~ recreation activities . Collad.aaiawr Br~ tiDII8d that tnl-Englewood residalts participatq in Engle.ood fee-<:Nrpd recreation progr-be charged .-t additimal m 0\l'er md above the aiatq resiatration fee~ with the 1981 8\lllller recreatioo progriD session; md that an evaluation report oo this new policy be made at the end of the 8\JIIIIE' session. Allen seo:n:led . M:>tion carried Collad.asiooer Bradshar presented md explained C:.CUX:il Bill It>. 30 ~ch is an ordinance eatabli.shq a special f\md of the City to be kni:Ml as the ''Halley Center ' Trust F\ni'1 • She pointed out that apptoptiate ~'WOUld be made \Bier Hlmage - mmt of the Trust F\md, Nos. 2 llld 3. After 8CDe diacuasion Comd•sioner lbm"d made the retXiiiiEdation that Callld.asion accept the Ord.iniB:e as apptopdately lD!Dded . Allen seccmded. ~tion approwd. A pre&altation of control actions for the Elm Leaf Beetle alii '1Ua80Ck M:>th was given by Hr. l<l.tn. He stressed the severity and coo.sequerx:es of the problem in the Engle.ood area. The two sugested altemativu for action were : l. Establish a Forestry Division of the Parks and Recreatioo Department with a City Forester assigned to enforce present ordinances I 2. Provide a stralg educational mareness program for tree dre and ~rt:ance of preservation. Calmi.asion discussed the alternatives and felt that No . l is oot feasible at this time because of the costs involved. MenDers agreed that a serious effort be made to proceed with alternative No. 2 1 an educatiooal awareness program through newspapers, flyers, block-to-block caDJUli.catioo, info'IIDation sent !:nne fran scrools with students, etc . Hr. Ku1n said he will follow thtoogh with getting this info'IIDatioo out to property owners 1 and as inexpensively as possible . Discussion was held oo the Bates-Logan Park property aloog City Ditch . Mr. Kuhn sOOwed a map of the area and explained the problem. Calmi.ssioo had visited the site after the special meeting oo Jaruary 24, 1981, and then were of the opinion that the City sOOul.d purchase the property . Cmmissioner Poole proposed a reccmnendatioo to City Colncil stating that Ccmnissioo had visited the site and now feels it ~ative • I • • • • • .. • that City Col.llcil lllllldlers look at the property md lllllke a decision as to its pur- chase. l:b.m:d secmded. Propoaed reoaDIIIIldati. approwd. Bece ... C)wd•aion feels that a IWVUi.an of tha Clrd1.niDce eatabliahing the Parlta ..S Recreatien O'Jmd•ai.an nMda to be revta.d mel revised, a oaamittee of tm. C)ymdaai.an ~. vol~ to 'WDrlt with staff en thia project . The oaamittee madJers are: Allen. Howard. ..S Poole . ~ Poole brouiP1t attclti.an to a _....IIIUD fraaa Bob lk\mdap, c:hai.DDm of the ~-..ood Ccmludty Center Oalllli.ttee ~the E .C.C.C. 'a recent activities . The -.or..._ a.ttioned that the E.C.C.C. ,.,.. not mtirely certain ~ the Parks ..S Recreation C<mni ssi.an' a feeling about a caggni ty center". ~. Poole augeated that Q:ad.aai.an DIMe ita feel i ... kDr:Ml -.1 IP en record as fawring a CXIIIIUlity center for ~ewood by correspo~ldeoce to the EqJlewood Galaudty Center CDimittee. Ccalli.aai.an agreed. A letter will be fon.rded to E.C.C.C. Quai.mm Bob Bnndlp ·~the Parka md ~i.an caat.aai.an'a atmd on the O'll!llnity center. Meeting adjourned at 7:15p.m. • I . . • • • ~ ro 'mE DGDDlD CI'lY CXUCIL ~ RECI~t£tm\TIOO OF 'mE PAIICS & ECBF.AnOO <Dt«SSIOO I».1E : F~ 12, 1981 SI..IUECl': liECREAl'ICif PIIXJWot FEE DDit'.ASE \ltEIEAS , tba a.J ..aod Pub md ~ C)wwf Mim disc:ourages an increase in fees for youth recreation progr-, ..S, \iEIEAS, tba &:lgl..aod Pub md a.a..tion C)wwf Mim does not favor a fee for prumt no-charge youth prop--such u Playgrculda md Jr . .tmeri.can prograa. axl, \I£REAS, the Englewood Pub md Recreation Qmai.asion feels that additimal chargea llhDuld be mde to ncn-residmt8 _llbJ p£t1.c1pate in Fngl ..aod recreation ptogz:-. 'D£lCEkliE, the EngliMOOd Parka md lec:tution Owd •aim rec:xmaawis that ncn-~l ....,.._, residlllts puticipatilw in ~l IMOOd fee-charged recreation pro- • grams be charged an additional m over ..s above the existq registration fee ~with the 1981 BUDDer recreation progran session. It ia further recmmended that an evaluation report on this new policy be UBde at the end of the 8\.lllllet' session. • By request of the Englewood Parks and Recreation Calmission violet R. caraner. ReCOrdii'ig secretary • I . . • • • • • .. - ~ ro 'IHE DG.D~XX> CI'lY cxx.H:IL RfXIAlU)D(; ~~ <F 'IHE PAII(S & REC»".ATTCCf aJtoiiSS~ n\lE : FebruEy l2, 1981 Sli!JF.Cr : BA!ES-IDGAN PARt PlU'£k1"f AIJ:K; CC'Y DI'l'Ql \oliEEAS, ~ installed by pxopcty OIGI!n .ux. the City Ditch will result in the loss of City Ditch which itael.f is a valuable asset of the park, ..s, lii£REAS, &eY~~ral valuable park trees ..S port1ooa of a fairly large grass area 1llb.ich includes ....,...al llplt"inkl.er bMda liiOUl.d be el:tminated fran the park area, 'D:tDElUC£, the Cc.amisaian reo • oJa that City O'UX'il purchue the pro- perties. Cc.amisaian a1ao ~Ida tb&t before they make a decision, City Qu'K'il peraanally visit and look at the Batea-Lopn Pelt eo that they can better \Dierstmd the problem . By request of the ~lewood Parks and Recreatioo Comlissian • I . . • •: • • • • • • - KM>RANru1 ro 1liE ~ CI'IY CI.llK:IL REGARDn«; RF.CXMt:ND\TIOO OF 'IHE PARKS & RECREATI.OO <Df«SSIOO Dl\lE : February 12, 1981 Sl1B.nX:T : AN 0RDnWa ESTABt.IsHn«; A SPECIAL RN> OF 1HE CI'lY ro BE la«Jti AS 1HE ''M\U.EY <Em:R 'l'RlJST rum'' (Cculcil Bill No . 30) ~: To accept the Ord.inlnce aa appzopdately amended . By request of the Fnglewood Parlcs and Recreaticn Ccamissicn • I . • • • • • • - 6 c C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM March 9, 1981 SUBJECT-Massage Parlor Applicacion Soon Ye Scocc, 2801 S. Broadway (~\ ""*----7 ~ :k IN I T1 ATED BY ~C~i!JC;:t_v~C l}Jlel!·rjsk.__ ___ ~V~~ 'J!_.e_ ~~_,/v.a~/ -~!:Q::::::: ___ _ ACT 1 ON PROPOSED_.:s.:e.:t_.:.P...::u:..:b...::l:..:i...::c__:.:H...::e..:a...::r..:i:.:.n.:.::g::....:D..:a:..:t:..:e:_:a:.:.n:..:'[.:_:E:..:s:..:t:..:::..:b:..:l:..:~:..:s;.;h.;....;;N.;.;e:..:i""g"'h.:.;b;.;o;;...;r;;...;h.;;.;o:;.;o:;.;d~ for petitioning BACKGROUND: Soon Ye Scott has made application to the City of Englewood for a Massage Parlor License to be located at 2801 South Broadway. This location was previously licensed to anocher individual, Young Sook Cho, who relinquished the license on August 8, 1980. Young Sook Cho purchased the business from Soon Ye Scott in February, 1978. The application is being processed in accordance with 12.48.5, CRS and Title 9-7, EMC. REd>MMENDATION: Cicy Council should set a public hearing date within a rea- sonable period after April 8, 1981, and establish the neigh- borhood for petitioning. Any other guidelines desired by Council should be clarified at this time. Council should consider retaining a ·survey firm to conduct an impartial survey of the neighborhood. Unless Council has any objec- tions, it is suggested that Oedipus, Inc., be retained for this task. I • • • • • l. 2. 3. • • • CITY OF ENGLEWOOD APPLICATION OF HEALTH THERAPY FACILITY All answe rs must be printed in ink or typewritten Name or Applicant (a ) __ S'..I....l!CJ=::...=:D:..."'...:._+'j-le..._.e~ ... S...L.Ioc-_..o~.-iL-..!f ____________ _ Trade Name .de ,J Ov; c"' +A./ %lit 0 Address of p lace to be licensed :-:_2~~<$.._,Q"-'/.._.,_ .. $.~.....::. _ _,~~c..C-=~'c..::<::1=c/.:::....::w""'-"~"1J~..=Eng:::Q.:.le::.;w:.:o:.::o:..:d:..a,_:::..C0::.....:8::..:0<;:1:.=1:.::0_ Street I 4. Do y ou possession of the premises for which this application for license is 5 . 6. 7. 8 . 9 . made? __ ~~~~----------------------------------------------------------------------- Are the premises owned or rented? L~"C'S.ecb It rented, from vhom? £de.., J:/E.,6:r-oci5es , Is the applicant, or any or the partners, or any or the officers, stockholders or directors or said applicant(ir it is a corporation) or employees or any such,~er the age of twenty-one yearsT YES NO ___ ~-------- Haa the applicant, or any of the partners, or any or the officers, stockholders or directors of said applicant(if it is a corporation) ever been convicted of a felony in the State of Colorado or been convicted of a crime elsewhere which would const itut e a felony if such crime had been commi t ted in the State of Co lorado? If so, st~e full details YES NO ___ ~----- Has t~l applicant, or any of the partners, or any officer, director or stockholder of said applicant(if it .is a corporation) ever : (a ) been denied a license under the Colorado Massage Parlor Law? YES ___ NO ~ (b) had a Health Therapy license suspended or revoked ? If the answer is yes , explain fully (attach sep arate sheet, i f If the applicant (a) NMle is a PARTNERSHIP, answer (a) and (b) Home AddrP.ss City YES NO / needed ) ---- (D ate of Birth) (b ) ~fuen Uid said partnership commence doing business ? _____________________________ / (Except husband and wife partnership) • I • • / • • • • 10. If the applicant is a CORPORATION. a.nsver (a).(b).(c).(d).(e),a.nd (f') • • (a) Orcanized under the lavs of the State of ____________________ ___ Date ____________ __ (b) Principal business is conducted at ______________ ~County of' ____________ ~St ate of (c) Date of filing last annual corporate report t o the Secretary of State ____________ __ (d) Home Address Date of Birth ______________________ .President _________________________________________________ __ ______________________ v. Pres·----------------------------------------------------- _______________________ Tr.ea&urer _____________________________________________________ __ ______________________ _:Secretary ___________________________________________________ _ --------------------~Manager __________________________________________________ __ (e) List all stockholders owning or controlling 10% or the Corporation. (include actual ovner or pledgee) Home Street No. & City (f) List All Directors-Name Home Address more of the Capital Stock of Use separate sheet if needed. Percent of Stock ovned Date of Birth Date of Birth 11. If business vas purchased, from whom ? ______________________________________________ ___ Date purchased·----------------------------------------------------------------------- • I . • • • • {The f oll o wing affid avit t o b s i gned and a c kno w edged by i nd ivi duals and each membe r of partnerships and by Corporat ion .) STATE OF COLO RADO County of thuraLv ---.!0-lbt {/, -c:i.--zZ: and ______ 77~~--~~~----~-----' being by m~st duly sworn, if for himsel f , deposes ru1d s ays; that h e is the applicant a bove named; or that he is (Title) of the above named corPOration; that he has read the foregoing application and that he knovs the contents thereof, and that all matters and things therein set forth are true of his ovn knowledge and he agrees t o conform to all rules and regulations promulgated by the Stat e Dep artment o f Revenue in connection therewith. Subscribed and sworn to be fore me Corporation sign here (Co rpo rate Seal) Attach Seal • My Commission expires Q, 7 I t) !f.f.J...: ~ I (corporate Name ) By (President or Secretary) • LICENSING AUTH ORITY The ltregoing applicat i on has been e x amined and the premises, business conducted and character o f t he applicant is satisfactory, a nd we do report that such license, if granted, will meet the reasonable requ irements of the neighborhood and the desires o f the inhabitants, and complies with the provision of Title 12 , Article 48.5 CRS 1973, as amen ded and City of Englew ood Municipal Cod e Title 9, Chapter 7, Article I. Therefo re this application is h ereby approved. Dated at ______________________ Th i s. ______ ~Day of __________________ ,A.D. 19 ______________ _ City of Engle wood By=---------------------------------------------------Mayo r Att est=--~--~~------------------------------------------ City Clerk • I • • • • • f.IASSEUS E/IASSEUR APPLICATION ~GIIOUND IHFORiotATIDN REI'DIIT Oty CI.R' o Offlco ------ City of Englewood • 3400 South Etali Street Englewood .Colorado 80110 T,.. •f Appllce tiM~~ AMNuiLocot'------- Do .... ~.~ ....... ------ '· N-_.....;;Sl.lc..;JQioJ..~:t~t;...,. ____ ...;S:l!OOI.aO!.lnl.lY'-le~e!iL __________ l, H-To lo,._., ___ 9:..=3_.4 ... -_1=9...::0:.;3:_ ______ _ ... , ..... . ..... ~ ..._ A44. .. •• __ __,5"'2=::..::::8.!:8~W:::e=s~t:.....;C=.=e;!;n~t:.:e:;r~,__!L~a~k:::e:..:w::oo::!::~d~,~C:::.::O:_A., s. c-.... o.._ .... , _..;;M.;:;a=s...::s;..a=u:..:s;..e=----------------6. 1975 Self-Employed r...,l., ... _____ .....::._.....::. _________ _ J. -.,,,,..,, U.••• ~lit We•t AliJDeda, Depyer, co I a..ol~uo Tol .... ___ 9z..i31.!4L-:::Ji6l.!l4L;4:Lil~------- • Appllc_,t'o S..t ---~i''48illlllaiilh:li.<8a--IO, A,llc.,.t'o ltoco:.....JIC!!.O[llr:Je:!.aa..tDL_ ____ II, S..lol S.c .. lty .. _._ 52 1 -52-6230 12. ~.uc .. •'• "-•wh••--..::5~' u0..;;"~---13. At.lfc•f• •• ,_..,. __ _.11.-'0W..IoiO~----••· H•r c.a.n -=B~l!o:a=c:!k~--------- IS. Er• C.lon __ ..JBtu:r:..:allwnillllL---16. ~•II•••'• Pleco _. ••••• _.-JIK.s;p;~.ru::e:JaL __________ "·A· C.toc•··~:,.• _...;U:;._;_ • .::S...::·:..:A=·-- P. A;o.lt ... t'o o ... of 81... August 2 4, 19 3611. Dol• .. '• Llnftoo .. _._, ---'Y~6~5~6~1~0~9!._ ______________ _ 19, St-ol to .... I• 0.1-'o Lie.., .. : CO,!,Or ado 21.11 ,. ••• s .... -·--...,, -~------------------------------------- 22. Llot All A.rootot CUoo ..... ltl_l,....ll-coo...,) --------------------------------- • Lht -"· -.. -.. ,._. Dl.,.ottl-•------------------------------------ 24. Appllcont'o Bronclo of Mill'"" *•••• (11-ltcolol: ______________ :._ __ 25, T-of S...tc .. --------- ». Ty,. of Ohr;:hotp: _________ 'l7. Del• of S.pototlon., Olac"-o, .. ; 21. Whe t o ?'l --------, 29. Setwtc• Nu~---------30· L i st Alll'rowlow• Stetos Ao•14o4 Wi thht Hncl;,ine •IUtery •••lce)t ------------- 31. St.,tlnt With Cvrrent E..,l.,-....,,. Lht All fot Po., T.,. Y•••: • .u, ••• poaltlon Far East Massage 16211 Ea st Colfax owner 1961-1969 Far East Massage 7 69 West Littleton Blvd owner 1969-1975 Su:zy Won* OrieJ:ltal Bath 3154 West A]ameaa ]975-pre seJ:lt owJ:ler 32. If E•w Dhd.o'.,-4 Fr.-o Poaltlon. Stoto Whoto, Wh.-n ond RoosOf'l : ----------------------------- 33. ......... , ol Y-• of Scheel A,_4 .. co : 3 years ~-Dip& .... -o •••• Attei"o4' ----'nLaOO!.lnlle=-. ___________ _ 3S. O.te Gr..._, ... Fr-Hlth SchM11 ---'NO!.L/.!A:.__ _____ M, No-ol School F,.. Which Gro~wote4 .. Loot Att~o4: ---------- ,,,u ..... ,s-. -....... teloph-• "'"of ... ....,, on4 -•'-54 69 7 5 western National Bank Federal & Alameda Denver, CO 80219 savings/checking -~~~-r_an_}~~~Il~-~~~s..!__ _ 1 7th_ St~e~~-D_e_nyE7r r_;:C:.;O:._ _____ _;_;M:::o:::rtgage • • I • • I I • • • • «<UHO INFORI&A TIO.. REPORT 1 .. l.lat n.., .. C..e4tt ••f.,..ceaa --. ... no ottaer cre.ti:-• ••• ~aAk refer•nc•• ...... .......... ·-... ·- M Beatrice Schlote R,N. A.N.P. 2291 S. Bryant St Denver, CO 12 years Blair Fedder 6840 S. University Blvd., tlA, Littleton, CO 779-6770 Ralph Collister 6840 s. University Blvd., tlA, Littleton, CO 779-6770 .. ........, • toY-••••"-ce -.. ..... --..lVLJe._.s'-----"-Wloe Hel4o -... ..,Guaranty Ba r ....... 817 Seventeenth St .... ,.._, _.....OJ5..1.7,.2.;;-:.~l~o.~611J6i~Al __________________ _ 4 NY-Rool"-n lo o__, 10o0o Ito c....-• lletloot Vol---.,., Te_...,$90 1 000.00 f takes: $1, 000 • 00 • ..._ Lht All R .. t !ate,. 0-.4 ar y_.. • Y..-........ ., Aftr R-1 £,, ... In Whlclt Ei._ He a A.tr J.t .... et1 ,., .. , ., Ntel MalpetMR chr ·-3154 West Alameda Denver, Colorado 80219 •7. Heo •~~llcono 1!-Uoe4 ""• o .... , N-(a): __ ..!..lll!....---------------------------~-1 If Ap,l•c:..,• L''' H....Ca) U.etl, When.,. .. Wh•re: -------------------------------- ... Mel4ett N ... •' S.eu•• ., Ap,llcenu (wh&chewer Ia .,,llce~le)1 ------------''· Sp.vae'• fvll N_.1 Joseph L. Denver, co Scott 50. Speuoe'• PI••• of Bt...., ------=.::.:.::..:.:::.:~-=-=-------51 , 5toe•••'• Detoollloth: August 13. 1941 Otr s .... 52. Moth••'•"•" "-" ---~C::.ssuiL..Cwh~a)._ ___________ 53, Ootoof Bhtlu --=J-=un=e=--=6'-'''-.::1:.;9:...0::...=6 ________ 1 ,., foth.,'o fwll H-: ---===-------------55. Doto of Birth:----------------- 56. II~~"··"'·· Llot s. ....................... Hwh Co loo on4 e,. Color ol .... , Caucasian, Male, 6' 1" , 18 5 lbs. t..ll-4oto ol ~lllh cv,,.,.,...,. •• Kim Scott 10 years old 5288 West Center, Lakewood, CO I • • • • • • • INFORMATION CONTINUATION SHEET (Identify number of item continued) I certify that the facts contained within the foregoing background information questionnaire are true and correct, and I understand that any falsification or misrepresentation will result in a rejection of this a lication or revocation of license for which applied. Sworn before me this L?fh day of .....,..~~......::::'LL.LM.~- by ~zt-il.-t. .~otf: Name of 4\pi)T i cant My coiTfllission exp1res9aaw 'Z !lf1 SEAL • Date 19~ I . • • I I • --------·· • • • .. • RE SULTS OF 1 lVESTIG ATION POLICE LAB Completed by: ___________ _ Date: ______________ _ ( ) Fingerprints ( ) Photograph ConJTients: ____________________________ _ INVESTIGATION DIVISION Investigator: ___________ _ Comments: ____________________________ _ --------------------------------- OFFICE OF THE POLICE CHIEF Investigation has be en reviewed: -·· ··--.. ·-.. -.. ) Approved Chief of Police CITY OF ENGLEWOOD • ( ) Disap pro ved I . • • • • .. • • SUPPLEMENTAL FO RM FOR HEALTH THERAPY APPLICA NT S DATE : pecembf:r 10. 1980 Name of Business: NEW TOKYO MA SSAGE Business Address: 2801 South Broadway, Engl-ood, Colorado 80110 Home Address: 5288 West center, Lakewood, Colorado, 80226 Trade Name of Business: NEW •.COl< YO MASSAGE --~~~~~~~~==------------------------------------ List all promissory notes and debts greater than $500.00 of the applicant Amount Name of Creditor Address of Creditor For what was debt incurred Date debt 1 ncurred Is debt secu r ed $50.000.00 (appx) Guaranty Bank 17th St. Denver, CO Purchase of Home 1975 Mort gag~ •~----------------------------------------- If debt is secured, state how secured, date of security and by whom secured on a separate sheet. State sources of all necessary business expenses and costs: , (a) Payments on lease or real estate Loan: $1,200.00 permonth (lea se ) (b) Payments for a 11 fixtures-=-: _n_o_n_e _____________________ _ (c) Payments for a 11 furniture: none -------------------------------------------- (d) Payments for all emp loyee sa laries: unknown at this time (e) Any additional expe nditures : Utili ties -approximately $120. 00 per mo nth Is there a written management agreement or contract? YES. ______ NO X If there is a written management contract, a copy must be attached to this application . If there is no written management agreement, a statement must be provided detailing the oral management agreement, including the managers authority, responsibilities and limitations. • • I • • • • • / SUP PL(M[NTAL FOR l -2- State name and add re sses of all other persons or entities having any type of in erest in • the propos ed business which have not already been mentioned and indica e the nature o the interest therein. • • ]08 Scott 5288 West C enter I Akewpod Colnr•dn 80226 (Spouse of applicant• marital property interest) Has the applicant or an y person or entity having any interest in the business been adj udicated bankrupt, entered into a "wage -earner plan " pursuant to Chapter XII I of the Federal Bankruptcy Act, or made a general assignment for the benefit of creditors during the past three ( 3) years? YES NO xx If answer is yes, please explain fully on a separate sheet . • I • • • • • / / HEAL TH TIIE RAP'f FAC I LITY /OP I:.RA l OR LI CENSL APPLICAN TS 0 LY, Answ er the oll c.\r. .o ques ions: Descri be in detail the uil d1ng con t ain ing the prem1s es t o be l1 cen s ed: • a. b . Type of construc tion: Bric k; Masonry For what pur pose used-:-Gefie=r=a::T1-,.cc:::omm==-=e:-::r:=;c:.ir.a=-Ir:-; -w=l..,.l.,l--.:bo-:e.--:u"'s.,e'"a:r---------- Wh o owns he land upon which the l i censed premises wi ll be situated? Provide full na me, residence address Julie Paplo w, 6031 South Emporia Circle Englewood, Colorado 80111 Will the Applicant, or anyone else, conduct any other business on the licensed premises : No If so, state the business, including the full name, res idence address, and date of birth of the person who is to op erate it : ________________________ _ If the Applicant does not reside in Colorado, prov ide the name, residence address , and da t e of birth of your authori zed ag en t in Colorado upon whom servi ce of process can be made in any proc eedings against the applicant pursuant to any statute, ordinance, or regulation applicable to the conduct of said business: _________________ __ Has the Applicant agreed to permit any person to receive, or agreed to pay to any emp loyee or other person (by way of rent, salary, or otherwise) all or any portion or percentage • of the gross or net profits or income derived from the business to be conducted under he license herein applied for? If so, state co mplete details ____ N_o _________ __ Identify b:,name, address, and date of birth, t he manager of the concerned premises : Soonyee Scott 5288 .West Center, Lakewood, Colorado 80226 Are the premises owned or leased by the applicant? If leased, state from whom, including full name and residence address if applicable. Pr ov ide complete details regarding the e l ease agreement : Leased. Lessor: Julie Paplow -see attached lease • • for details So you have any direct or indirect financial interest in any other business, partnership association, organization or corporation, which operates a Health Therapy Facility in the State of Colorado? YES XX NO If answer is YES, 1 ist full details of any such interest(s ). Owner and operator of Suzy Wong Oriental Bath located at 3151 West Al ameda Street, Denver, Colorado • I • • • • • I hereby ac n 1 edge tha I Code. (copies a ailable fr • • • ,. • have obtained and unders tand the Colorado Ma ssage Parlor th Stote of~oit~ Sop~ I 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 2f.. 1Q81 Revised Agreement between City and ERA. INITIATED BY Departpent of Community Development ACTION PROPOSED Aoproye revised agreement to allow grants as part of housing rehabilitation program using CDBG funds. BACKGROUND The 1981 pre-application to HUD for Community Development Block Grant funds for housing rehabilitation included grants for low-income households. Up until this point, the HUD funds had been used to subsidize the interest rate of bank loans if the household income was not adequate to support the payments of the standard loan. If the final application to HUD is approved, the funds will be available in July or August, 1981. Over the past six months, the Housing Authority has experienced a noticeable de- crease in the number of households who qualify for housing rehabilitation loans. They are in serious need of assistance to rehabilitate their home, but they can- not afford the payments. While grants may be available for such households in July -August, the problem exists today. Many of these families are applying for assistance, and are being turned down by the City program. HUD suggested that the City could better assist lower-income households b y re- vising our present housing program to provide grants. HUD permits this as long as the grants are limited to the target areas, and are made available only to households with income within HUD guidelines. Bank loans are ever-increasing and would continue in their present form. Only CDBG funds would be used for grants. At their January meeting, the Englewood Housing Authority con sidered this change in the present housing rehab program, and voted to recommend approval. This would involve amendment to the agreement between the ERA and City of Englewood which controls the administration of the housing rehabilitation program. The amendment is attached. In February, the ERA approved a set of policies for the grant program. In general, the policies cover eligibility for grants and use of the funds. Eligibility of Applicants: 1. Only owner/occupant s of single-family detached dwelling units will be eligible for the Rehab Grant Program • I • • • • • • .. Page -2- 2. Household income is considered to be any and all income received by any member of the household who is 18 years of age or older. Gross Annual Income is not to exceed Section 8 income guidelines (80% of median income). See attached chart. 3. The maximum allowable assets for applicants for a straight grant shall be $10,000. a. Assets are defined as follows: 1) Cash. 2) Marketable securities, bonds, capital gains. 3) Insurance payments and inheritance (including Workmen's Compensation, N.I.C. settlements) awarded but not yet paid. 4) Settlements for personal or property damage. 5) Equity in other real estate. 6) Other personal property which is readily convertible to cash. The following are not considered assets because they are not readily con- vertible to cash: 1) Ordinary household effects including its furniture, fixtures and personal property. 2) Equity in the applicant's home. 3) Reasonable transportation. 4. The home must be located in one of the six designated target areas to be eligible for 1979 CDBG funds. Eligible Work in Order of Priority: 1. Repairs and improvements to meet City Code Standards. 2. Energy conservation improvements. 3. Elimination of incipient violations of the City Code. 4. General property improvement. Limitations on Amount and Use of Grant: 1. Maximum grant amount will be the same as the approved maximum loan amount, at present $15,000, with an overall program grant average of $8,000. 2. A five-year declining lien will be placed on the property. If the property is conveyed between 0 and 12 months, they repay 100% of grant; 13 to 24 months, 80%; 25 to 36 months , 60%; 37 to 48 months, 40 %; 49 to 60 months, 20%; and after the 60 month period , the lien will be dropped entirely . There was also discussion of including a debt limitation in the grant and loans pro- gram. The staff will be working with the Loan Review Committee to finalize this and other changes in the Rehab Program over the next few months • I • • • • • • • .. • Page -3- FIIIANCIAL DETAILS 'nlere is $115,799 reaainin& in the 1979 BUD arant. The staff and Rousin& Authority will discuss policies for arata at the next Bousin& Authority -etina. It is anticipated that &rants would be used to aupple.ent a loan for housing rehabilitation. A household would be charaed tbe a.Jtmt of interest on s loan which they could afford. 'nle balace fro. the 1979 Grat would be a grant. The staff estt..ates that with the re.aining BUD funds, approxt.&tely five (5) grants (averaging $8,000 each) and 12 subsidy loans could be .ade quarterly. CONCLUSIONS AND UCOMENDATION Since the goal of the BUD rehabilitation prograa is to t.prove the housing stock of lower inca.. households, it is t.portant for our prograa to assist these households. It is necessary to include grants in the prograa to add the flexibility to deal with different types of probleas of Englewood ha.eovners. If these households are con- tinually denied assistance, it is questionable if our rehabilitation program is ful- filling its obligation. It is reca..ended that the City Council approve the attached revised agre~nt be- tween the Housing Authority and City regarding the creation of a grant program for Housing Rehabilitation • SUGGESTED ACTION: MOVED BY ____________ _ SECOND _________________ __ YES ______ ~NO ______ ~ABSENT __________________ __ • I • • • • • • .. • l/28/81 NCDilliiDIT TO All AGJIEDID!T BE'1'WIZII THE CITY OF ENGLEt«>>D AND THE ENGLEWOOD HOUSING AUTHOaiTY IIBGAIIDDIG 'l'IIB POLICIES GOVEJaU:NG THE IIOUSI11G REHABILITATION LOAN PROJECT OF THE EHGL!!WOOD HOUSING AUTHORITY. 1. The Authority, throllgb ita peraonnel, or the Personnel of the City, with the approval of the City Manager, ah&ll be responsible for the execution of a houain9 r.babilitation grant prograa in addition to the housing rehabilitation loan prograa. 2. Application for uaiatance shall be first aubaitted to and approved by the Authority under procedures adopted by the Authority. I. UM and PllrJIO!!. Grants ahall be -da available for tbe purpoae of peraanent i.JIIpro,...nta, additions or other housing rehabilitation and -y only be used for: A. Rapaira and illpro,...nta to -et City Code Standard&. B. Bner9Y Conaervation i.JIIpro,...nte. c. Eliaination of incipient violations of the City Code. 0. General property improvements. II. Eliqibility. A. Eliiible Grantees. Grants shall be -de only to natural persona vho own and reside in tbe property on which the i.Dprovements will be -de. Grantees auat -et the then current income eligibility limits for the Section 8 Assistance Program. B. Eliqible Properties. Grants shall be -de only for residential properties located in the Priority Neighborhoods listed in the agreement. • I • • IJ •• • • • :n \ ~ • • • • AN AGREEMENT BETWEEN THE CITY OF ENGLEW OOD AND 'IHE E GLEWOOD HOU SI NG AU THORIT Y REGARDI NG THE POLICI E S GOVERN ING THE HOUSI NG REHA BILlTAT ION LOA N PROGRA M OF TH E ENGLEW OO D HOUS I NG AUTH ORITY. T he City and the Authority agree as follows: 1. Th~ Authority, through its personnel, or t he personne l of the City, with the approval of the Cit y Manage r, shall be responsible for the execution o f t h e housing reha bilita - tion loan program, herein called the program. 2. Application for assistance shall be 'first submitted to and approved by the Authority under procedures adopted by the Authority. 3. Upon receipt of an application, the Authority shall cause an inspection to be made of the applicant's residence and, if deemed necessary, shall: 4. (a) Cause a detailed list and explanation to be made o f all actions and work required to eliminate or repair the conditions of the residence which make it sub- standard. (b) Cause an estimate of the cost of such repairs to be made • (c) Obtain sufficient documentation that the applicant had good title to said residence. (d) Make an estimate of the value of the applicant's equity in said ~esidence. (e) Prepare and verify a social and economic profile o f the applicant, which shall include: family composi- tion, family income, place of employment, if any, o f all members of the family, approximate date of pur- chase of the residence, and existing indebtedness secured by said residence. (f) Prepare a preliminary analysis of applicant's ability to repay any funds made available to applicant under the program. In the preparation of all reports and analyses required ~ Paragraph 6 heretofore, and in approving loan applica- tions, tbe foilowing policies snall ~ and be followed £l the Authority: · 11/26/79 , li II • 'lc:yln I • • •• I. • • • ~~PUrpose • Loans are made available for the purpose of permanent improvements, additions, or other housing rehabili ta - tion and may only be used for: A. Repairs and improvements to meet City Code Standards. B. Energy conservation improvements. C. Elimination of incipient violations o f the City Code. D. General property improvements. II. Blisibility. A. B. El~ible Borrowers. Loans shall be made only to na ral persons who own the property on which the improvements will be made. Eligible Properties. Loans shall be made only for residential properties containing four dWelling units or less located in the City of E~lewood. III. Priorities. A. General Priorities. To be approved, a« applica- tion must meet all other applicable policies and represent three (3) priority points, computed as follows (income is computed by using then-current HlJD guideli~es): Points (1) very low income (2) Low income (3) Priority neighborhood (4) Eligible investor (See VIII) (5) owner occupied (6) Elderly B. Priority Neighborhoods: Following are the priority neighborhoods •. 3 3 3 1 1 1 (1) Area 1: The entire residential area in Northwest Englewood bounded on the north by the Evans/Adriatic alley, on the east by South Tejon S~reet, on the south by West Vassar Avenue and on the west by South Zuni Street. I • • ·tn •• • • • • • - (2) Area 2: Beginning at the intersection o! West Yale Avenue with the Broadway/Acoma alley, t hence west along West Yale Avenu e to the Delaware/Elati alley, thence south along the Delaware/Elati alley to wes t Bates Avenue, thence west a long West Ba ·es Avenue to the Elati/Fox alley, thence sout h along the Elati/Fox alley to West Cornell Avenue, thence west along West Cornell Avenue to the Galapago/Huron alley, thence south along the Galapago/Huron alley to West Dartmouth Avenue, thence east along West Dartmouth Avenue to the. sroadway/Acoma alley, thence ·north along the Broadway/Acoma alley to the point of beginning. (3) Area 3: ~ginning at the intersection of East Yale Avenue with the Lincoln/Sherman alley, thence west along East Yale Avenue to the BroadWay/Lincoln alley, thence south along the Broadway/Lincoln alley to East Eastman Avenue, thence east along East Eastman Avenue to the Sherman/Grant alley, thence north along the Sherman/Grant alley to East Cornell Avenue, thence east along East Cornell Avenue to the Grant/Logan alley, thence north along the Grant/Logan alley to East Amherst Avenue, thence west along East Amherst Avenue to the Lincoln- Sherman alley, thence north along the Lincoln/Sherman alley to . the point o f beginnint:. (4) Area 4: An area bounded on the north by West Mansfield Avenue, on the east by the Broadway/Acoma alley, on the south by West Oxford Avenue and on the west by the Elati- Fox alley. (5) Area 5: Beginning at the intersection of East Mansfield Avenue with the Sherman/Grant alley, thence west along East Mansfield Avenue to the Broadway/Lincoln alley, thence south along the Broadway/Lincoln alley to East Princeton Avenue, thence east along East Princeton Avenue to south Grant Stree·t, thence north along South Grant Street to East Oxford Avenue, thence west along East OXford Avenue to the Sherman/Grant alley, thence north along the Sherman/Grant alley to the point of beginning. (6) Area 6: An area bounded on the north by West Union Avenue, on the east by the Broadway/Acoma alley, on the south by West Layton Avenue and on the west by south Huron Street • I • • • • • - c. Chro n o l o gica l Prior ity . Upo n rece i p t o f an a p - p l icat ion eligible f o r a l o a n pursuant t o III A, the staff shall no tify the Authori ty , a n d the Auth o r i t y shall ear mark (bu t n o t a p pro pria te) f unds in the am ou nt a p plied f or unt il the appli ca - t ion i s a cted u p on or withd rawn. All such a p - p lications shall b e a c t ed upon in t he same o r der i n which t hey have been receiv e d. IV. Prior i ti es ~~ o f ~~· Within each application further prior ities are here- by identified to determine the amount o f t h e loan usable for each purpose: first .priorit y-f unds re- quired to bring property to City Code Standards ; second priority -funds for energy conserva t ion im- provements; third priority -funds to cure incipient violations of the Code; fourth priority -general property improvements. v. ~Limits. A. Monetary Loan Limits. The following monetary limits wi~pply: (Limits will be reviewed annually by the Authority) ,-- (:J.) • $l ~, 000 per dwelling unit. (2) $40,000 per borrower.· B. Limits Based ~ Appraisal. Notwithstanding the above, a loan secured by a first deed of trust shall not exceed 90% of the appraisal value of the property as determined by a quali f ied appraiser, If the loan is secured by a second dee d o f trus t , the total of the first loan and the property re- habilitation loan shall not exceed 90% of the ap- praised value of the property as determined by a qualified appraiser. VI. ~· VII. Loans will be secured by a first or second deed o f trust ; no third liens will be approved. Credit Factors. A. Ability !2 Pay. All credit decisions shall be based only on the applicant's ability t9 repay the loan. Action on loans shall not be based on, or influenced by, the race, creed, color, national origin, marital status, sex or age of the applicant. • I • • • • • • - B . No rmal Rate Loans . The n o r ma l interest r a t e shall be t h e Au tboritYTs c u rrent b o rrowing rate f o r f unds f o r pr operty rehabilitatio n pu rposes, pl us a 1% s e r vice a n d administrative f ee. C . Less tha n Normal Rate Lo ans. I f the applicant TS""il "low income"-or-••verylow income " person pursuant to Ill A , and t h e applicat io n meets all other policies, and in the opini on o f t h e Au thority the applicant could repay the loan a p plied f or but not the loan and the norma l inter est , the Authority may approve the loan a t less than the normal interest rate. VIII. ~ !2! Rental Property. 5. Loans covering property where the owner is not a resident of the property shall be issued only upon satisfactory showing that his or her application for a loan,which is substantially similar in terms of purpose and principal amount to the property rehabilita- tion loan applied forJhas been rejected by two quali f i ed financial institutions which regularly make improve- ment or real estate loans. If the application is approved, the owner shall agree to enter into a con- tract with the Authority to keep rents within the reach of low and moderate income families, and/or make the property eligible for Federal Section 8 Housing Assistance Payments. Loans for the purposes set forth in I D, to absentee owners of rental propert y shall be limited to 30 per cent of the total of t he loan approved for the purposes set forth in I A, B, and C. IX. Construction. Work done with the proceeds of the loans shall be accomplished by either the owner or a licensed con - tractor. X. Repayment. Repayment terms shall not exceed 20 years. Loans shall be repayable in equal installments of princ ipal and i n tere st , due on o r b efore the fifth o f each month . The Authority shall t h en examine and evaluate the applica - tion, together with all reports and findings required by Paragraphs 5 and 6 hereof, and either approve, reject, or modify and approve such application. The decision o f the Authority shall be final and binding upon the applicant. • • I • • • • • - 6 . The Authority shall require any applicant to re pay all o f the f unds borrowed under this program . Elderly appli- cants and t hose receiving a no-interest loan may select one of the following methods o f repaymen t: I . II. III. IV. Time payments made on a monthly, quarterly, or annual basis. Full repayment shall become due upon the sale and/or conveyance of property or upon removal o f th e appli- cant from the real property. The entire amount of the rehabilitation loan shall ; fall due and payable as a claim .against the estate ,, of the applicant, and shall become a lien on the I real property of the said applicant upon his or her demise. The Authority shall apply administrative guidelines to insure that the loan is protected by a lien on the real property, depending upon the way in which the property is titled. 7. All funds repaid by applicants shall be used only f or sim~.lar loans of housing rehabilitation assistance to applicants approved by the Authority. s. The Authority shall approve all loans under this program by appropriate action when satisfactory evidence of the following bas been submitted to the Authority: 9. I. Applicant has good title to the residence and suffi- cient equity therein to justify said loan. II. Applicant has entered into a written contract on forms to be approved by the Authority with a person or entity qualified to perform and complete repairs required to rehabilitate the residence. III. That said residence after rehabilitation and repairs will be maintained in a satisfactory manner. IV. Except for emergency loans, that the applicant does not have an outstanding housing rehabilitation loan under the program hereby established. All persons and entities entering into contracts with applicants for repairs and rehabilitation of any sub- standard residence, shall be an equal opportunity em- ployer and shall comply with all applicable Federal, City and State codes, statutes and ordinances. • I • • • • • 10. The Authority shall generally supervise all repair and rehabilitation construction and shall authorize payment for Billie when substantially performed in accordance with the construction contract entered into by applicant and approved by Authority. 11, The Authority may establish those accounts and allocate those funds necessary to fulfill the provisions of this ag.t'eement. 12. The Authority shall prepare administrative procedures to implement the intent of this contract, 13. Tha Authority shall submit an annual report to the City Counoil regarding the performance of the program. 14. This Agreement shall be bindine upon the parties hereto and their successors. 15. This Agreeaent supersedes and replaces all other agree- menta between the parties relating to the program. EXBCUTBD at Englewood, Colorado, this _____ l_B_t_h ______ _ December , A. D., 1979, day of City of Englewood, Colorado Corporation ATTEST: Ex-officio City Clerk-Treasurer APPROVED AS TO FORM: ATTEST: • I • • D • • TO: FROH: DATE: SUBJECT: • • • City of Englewood Staff -Englewood Houaing Authority Linda A. Jtnopin~soci a te Housing Coordinator AUCJlWt 28, 1980 New Section 8 Incc.e Liai u The figures below represent the n-annual limit. for all Section 8 new, rehab and exiating projects .. of July 1, 1980. The .. limits, therefore, apply to the Sia:ln Center .. well as our existing program. These limits are also uaed to deter.ine eligibility for subsidy under the Rehabi1ita~ion Loan Prograa. No. of Low In~ Very Low Persons Limits Income Limits 1 $12,150 $ 7,600 2 13,900 8,700 3 15,600 9,750 4 17,350 10,850 s 18,450 11,100 6 19,550 12,600 7 20,600 13,450 8 21,700 14,300 9 21,700 14,300 10 21,700 14,300 LAJC:cla cc: EHA Commissioners Dorothy A. Romans Linda Xnopinski Al VanDeaulc: ~ancea Buck Jonas Gertrude Welty Pat Arnett Cindy Adams Art and Mary Conrad (Simon Center staff) • I • • • • • • • - 7 A BY AUTHORITY 1 ORDINANCE NO. SERIES OF l98y---- 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 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: l-6-l: CREATIONJ JUDGE; DUTIES A Municipal Court in · and for the City of Englewood, Colorado, is hereby created and established. S~eh ee.r~ shall 8e preei~e~ e•er ~Y ~he M~ieipai J~~~e. 9he ei~y Mana~er, er hie ~eei~nee 7 shaii eKereise ••per•ieien an~ een~rei e•er ~he administrati¥e eperatieft e4 ~e M~ieipai ee•rt SysteM. ~he M~ieipai J~~~e ehaii ha•e f~ii pewer aftd a~therity te make aftd adept ~o4-ee.rt-p~re~ant ~e the pre•ieiefte ef the eeierade M~ieipai ee~rt R~iee e£ Preeed~re prem~i- ~ated ~y the eeierade 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 €hBRK7 BAihiPP7 ANB ASSIS~AN~S- After eefte•itatieft with the M~ieipai J~d~e 7 the eity Mafta~er ehaii appeiftt a eierk, a eaiii££7 aftd s~eh aeeietaftts te the eierk and the ~aiiiff as may ~e neeeesary te earry e~t effieientiy the ~~siftese e£ the ee~rt. Said empieyees shaii ~e direetiy respeftei~ie te the eity Mafta~er 7 er hie 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 o f February, 1981. Read by title and passed on final reading on the 9th day of March, 1981. Published by title as Ordinance No. _____ , Series of 1981, on the 11th day of March, 1981. Attest: Mayor ex off~c~o C~ty 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 -2- I • • -.;l o ORDINAN CE NO. ,_J 1 SERIES OF 198~ • • - BY AUT HORITY COUNCIL BI LL NO . 29 I NT RODUCED BY COUNCIL MEMBER BRADSHA W AN ORDINANCE AME.NDI NG SE CT IONS 1 AND 3, CHAPTER 6, T ITLE I, OF THE '69 ENGLEWOOD MUNICIPAL CODE RELAT IN G TO THE OPERATION OF TH E MUNICIPAL COURT SYST BE I T 0 AINE D BY THE C I T Y COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO : Section 1 . Tha Sec is h ere by amend d o r on 1, Chapt er 6, Title I, of the '69 EMC c1 aa follows: 1 -6-1: CREATIO N ; JUDGE; DUTIE S A Mun icipal Court i n and for the City of Englewood, Colorad o, ia hereby c reated and established. S~eh eewr~ eheil ~ preet~ee ••e• ey ~he M~tetpel J~e~e. 9he et~y Maft&!er, er hie eeei~fteeT ahaii exereise ••per•ieteft aRe eefttrei e•er the aemiftiatrative eperatien e~ ~he M~ieipai ee~t System. ~he M~nietpal J~e~e ahaii have f~ii pewer ana a~therity te make and adept ~of-ee~t-p~rs~eftt te ~he prevtstens ef the eeierade M~ieipai ee~rt R~ies ef Preeed~re prea~i- !S~ed ey the €eierase 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 €cBRK7 BAiciPP, ANB ASSiS~AN~S- After eefte~itattePI wtth the M~ieipai J~d~e 7 the €tty Maftager shall appeint a eierk, a ~atiif£7 and s~eh assistants te the eierk afte the ~aiit££ as may ~e neeessary te earry e~t ef£ietentiy the ~~stness ef the ee~rt. Said empieyees shaii ~e direetiy respensi~ie te the €ity Manager7 er his designee. Reserved for future use. Introduced, read in full and passed on first reading on the 17th day of Februar y, 1981. • I • • • • • Published as a Bill for an Ordinance on the 18th day of Fe bruary, 1981. Read by title and passed on final reading on the 9th day of March, 1981. Publi shed by title as Ordinance No.~, Series of 1981, on the 11th day of March, 1981. Attest: Mayor e x off1c1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No.~, Series of 1981. Gary R. Higbee -2- • I • • • • • - 7 1 BY AUTHORITY ORDINANCE NO. t b SERIES OF 198y---- COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER BRADSHAW 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 during 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 • • • • • .. 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. The trustees shall recommend to the City Council periodic appropriations from the Malley Center Trust Fund for the exclusive use and benefit of the Elsie Malley Centennial Center. 3. Trustees, upon approval of the appropriations by City Council and in accordance with standard adminis- trative procedures of the City, may make distribu- tions of income and corpus for the exclusive use and benefit of the Elsie Malley Centennial Center. 4. The costs of servicing the Fund shall be approved 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. The trust fund may be terminated by City Council; however, any funds in the trust fund shall be distributed exclusively f or the purpose of the Elsie Malley Centennial Center. (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 a r e considered tax deductible under the Internal Revenue Code and the laws of the State of Colorado. Introduced, read in full, and passed on first reading on the 17thday of February , 1981. Published as a Bill for an Ordinance on the __ JF:.EeiJ:hur:J•JO••LTE:;Ykt-------'' 19 81. 25thday of Read by title aRd passed on final reading on the 9th day of March, 1981. '·'< ··. Published by title a~ Ordinance No. ______ , Series of 1981, on the 11th day of March, 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 the Ordinance passed on final reading and published by title as Ordinance No. Series of 1981. Gary R. Higbee -3- I • • D - • ORDINANCE NO. SERIES OF 198_1 __ • • - BY AUTHORITY 7 COUNC IL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AUTHORIZING Tim 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 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 agricultural products or natural resources; and WHEREAS, such counties and municipalities are further authorized by the Act to issue revenue bonds for the purpose of defraying the cost of financing any project and all incidental expenses incurred in issuing such bonds, and to secure the payment of such bonds as provided in the Act; and WHEREAS, The Hemlock Company, an Oklahoma 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 Development Revenue Note (The Hemlock Company Project), in the aggregate principal amount of $320,000 (the •Note•) will be issued, sold and delivered by the Issuer to The First National Bank and Trust Company of Tulsa, Tulsa, Oklahoma (the •sank•) 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 that the necessary financing documents were subject to formal approval by further 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, (2) the proposed form of Deed of Trust from the Company to the Public Trustee, (3) the proposed -2- • I • • • • t • • • .. form of Note, (4) the proposed fora of Lease (the •Lease") between the Company and Mylon c. Jacobs Supply Company, Inc., an Oklahoma corporation (the "Lessee"), and (5) the proposed form of Guaranty Agreement among the Lessee and the Bank (the "Guaranty Agreement•):.and WHEREAS, the City has considered the Company's proposal and has concluded that the economic and other benefits to the City will be substantial and that it wishes to proceed with the financing of the Proiectr 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 (The Hemlock Company Project), in the aggregate principal amount of $320,000, to bear -3- • I • • ( • • • interest fro. ita date aa provided therein. The aaxi•ua net effective interest rate on the Note shall be nine percent (9t). Section 4. The following determinations and findings are 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 a~d 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 extensive 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 Guaranty Agreement, and the Lease, be and they are hereby approved and the Issuer shall enter into the Agreement in substantially the form as presented to the City, with such changes therein as are not inconsistent 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 the 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, accept or concur in all other necessary or appropriate documents for the issuance of the Note and preservation and assurance of the security for the payment of the principal of and interest on the Note. Section B. The officers and officials of the Issuer shall take any and all action in confor•ity with the Act which may be -5- • I • • ( • • • .. .. necessary 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 conaum•ating the transactions conte•plated by this Ordinance, the Agreement, 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 delivery 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, including 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 costa of -6- • I • • • • ( • • • . . financing the Project, nor power to operate the Project •• a business or in any manner, nor ehall the Issuer condean 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, thie Ordinance ehall 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 ordinances, 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, reeolution, or ordinance, or part thereof previously repealed. -7- • I • • ( • • • ,. - Section 14. This Ordinance, after its final adoption and approval, •hall be recorded in a book kept for that purpose, •hall be authenticated by the signatures of the Mayor and City Clerk, and •hall 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.a., 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. Read by title and passed on final reading on the 9th day of March, 1981. Published by title as Ordinance No. on the 11th day of March, 1981. Attest: ex off1c1o city Clerk-Treasurer -8- • , 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. HLgbee -9-I • • • , • ORDINANCE NO . SERIES OF 198I • • .. • BY AUTHORITY A BILL FOR COUNCIL BILL NO . 28 INTRODUCED BY COU NCI L MEMBER NEAL AN ORDINANCE AMENDING TITLE XI, CHAPTE R 1, SECTION 2(b), AUTH OR IZING THE POLICE CHIEF TO ISSUE CONCEALED WEAPON PERMITS TO OTHER CITY PERSONNEL. WHEREAS, on the 3rd day of September, 1980, by Ordinance No. 32 , Series of 1980, Council passed an amendment to Title XI, Chapter 1, Section 2, by adding a new subsection authorizing the Pol i ce Chief to issue concealed weapon permits to police officers, membe rs of the Reserve Police Force, Court Marshals and to other Poli c e 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 the same hereby is 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 Police Department personnel as the Chief may, from time to time, determine to be necessary or appropriate. THE CHIEF OF POLICE IS HEREBY AUTHORIZED, .WI!'II P!H61t "PPfteU .... :t 6F ~lil'V 988U9Hs, TO ISSUE A PERMIT TO CARRY A CONCEALED WEAPON TO OTHER CITY PERSONNEL AS THE CHIEF MAY, FRO M TIME TO TIME, DETERMINE TO BE NECESSARY OR APPROPRIATEWI,-f4 f(OTIC.E JO C!.I"TY Cou f\L\ '-'· Introduced, r ead in full, and passed on fi rst reading on the 9th day of March, 1981 . • I • • ' • • • • • • • - Published as a Bill for an Ordinance on the 11th day of March, 1 9 81. Ma yo r 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 Bi l l for an Ordinance, introduced, read in full, and passed on first reading on the 9th day of March, 1981. Gary R. Higbee -2- • I • • ·to ' • • • • • BY AUTHORITY ORDINANCE NO . COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL SERIES OF 198Tl ____ _ 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 Ordinance 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 officers, members of the Reserve Police Force, Court Marshals and to other 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 1s amended to read as follows: on the of Attest: 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 Bepar~men~ 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 day of 1981. Published as a Bill for an Ordinance on the 1981. Mayor day 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 foregoing ~s a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the day of 1981. • I • • • ORDINANCE NO. SERIES OF 198'1 -- BY AUT HORI TY A BILL FOR • • - COUNCIL BILL NO . 32 I NTROD UCED BY COU NCIL MEMBER '1h 3/a:t, AN ORDINANCE AMENDING TITLE IV, CHAPTER 1, SUBSECTION 1, OF THE '6 9 ENGLEWOOD MUNICIPAL CODE, 'ITLED "ELECTION COMMISSION", TO INCLUDE TWO ADDITIONAL MEMBERS AND)PROVIDING THAT NO MORE THAN TWO MEMBERS SHALL BE FROM ANY ONE COUNCIL DISTRICT. WHEREAS, the voters of the City of Eng lewood sha ll , on t h e 24th day of March, 1981, consider increasing membership on the Englewood Election Commission from two citizen members to four citizen members; and WHEREAS, the City Council is desirous of having as broad a public involvement in City matters as is possible. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Title IV, Chapter 1, Subsection 1, of the '69 EMC, ~s repealed and reenacted to read as follows: 4-1-1: ELECTION COMMISSION The Election Commission shall consist of the City Clerk, who shall be a member ex officio ana ekaiPMan of the Commission, and ~we FOUR qualified electors of the City. ~ke ~erm e£ ene e£ ~ke ~~a%±£±ea e%ee~er members e£ ~ke ee~issien, kere~efere a~~eift~ea ey ~ke ee~nei%7 as s~eeifiea in s~ek a~~e±n~meft~T ska%% eK~ire on Peer~ary %7 %9697 ana ~ke ~erm e£ ~ke e~ker ~~a%±£±ea e%ee~er member of ~ke ee~issien, kere~efere a~~±n~ea by ~ke eo~ei%7 as s~ee±fiea in s~ek a~~e±n~meft~T ska%i eK~ire en Peer~ary %7 i96~~ In Jan~ary %969 ana Jan~ary %96%7 ~here ska%% ee a~~ein~ea s~eeessers ~e ~ke ~~aiifiea e%ee~er members fer ~erms e£ fe~r years ~e ena Peer~ary i 7 %964 7 ana Peer~ary %7 %966, rea~ee~ive%y. NO MORE THAN TWO MEMBERS OF THE COMMISSION SHALL BE FROM ANY ONE COUNCIL DISTRICT OF THE CITY. THE COMMISSION SHALL ELECT A CHAIRPERSON FROM ITS MEMBERSHIP. ~kere­ a~~e~ Appo i ntme nts of qualified elector members shal l be made by the Council in January of the year in wh i ch the appointment expires for a four year t e rm to expire on February first four years hence. I • • • • • .. Introduced, read in full, and passed on first reading on the 9th day of March, 1981. Published as a Bill for an Ordinance on the 11th day of March, 1981. Mayor Attest: ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do 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 9th day of March, 1981. Gary R. Higbee -2- • I • • , • • • • • • BY AUTH ORITY ORDINANCE NO. SERIES OF 198_1 __ __ COUNCIL BILL NO. 33 INTRODUCED~Y~UNCIL MEMBER 1 • A BILL FOR j AN ORDINANC.E APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND URBAN DRAINAGE AND FLOOD CONTROL DISTRICT WHEREBY THE ECONOMIC FEASIBILITY ANALYSIS OF DESIGN ALTERNATIVES, LITTLE DRY CREEK, SHALL BE STUDIED BY SELLARDS AND GRIGG, INC. ENGINEERS, COST TO BE SHARED BY CITY AND DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. City Council of the City of Englewood, Colorado, hereby approves and authorizes the Mayor to execute and the Director of Finance, ex officio City Clerk-Treasurer, to attest the following Agreement: -OIUITFIIIEC-It FWIIILITY -.YSIS Of DtSI. M.TE-TIVlS, LITTLE DU Cl£ll, -CDIIITY Ag-t ... 11-1.1 TillS AlilllDOT, •• tllto, ____ _,._, ef· ______ , 1111, •1 111141 --tile u.-Drat-OM Fl .... teotr"'1 District (,_.1MfW called "DISTIICT"), tile C1t1 ef Eto11-(,_.1Mft .. called "Ctn'), aM se111m .,. "'"' 1oc:., • ...,.fn••-1 ..,,_, .. _,....tt• <,_., .. n., called "li15111EU"): MITI1ESKTM: 111U£AS, DISTIICT, CITY, CllorrJ M11h ¥111 ... ,-"ll ... , ......... Ceutt.J, aM DoYel•• tount,t caopeNted 1• t.M ,....."tt• of tM dra1Mfl ••ter p1'" for tile Uttlo Dry ti'HI< baoto .. titled, "11ejor Drat-Pl-1 ... Little Dry ti'HI<," Februar)', 1174, by llc:C.ll-£111 ..... ood llort'111. lor.; .... 11t£1W, tin ca.....S li15111EEI to ,...,. .. o report "little Dry CNH Alter· oathe lleNI-t StWI\y" doted July, II"' oM S..ppl-ted, -.w, doted ,.....,....,, lt71; .... HIEAS, DISTRICT, b)' ..... luttoo lo . 11, S.rtn of 1171, 'Autllortled Port1c1pot1oo to fen1b111t1 S....,, ont., ef I-to oM Acqutottt• ef ltgllt-M..-, oo Llttlo Dry c.-•; 111141 HIEAS, .. Af-t •• ........ toto.__ DISTIICT, tin ood tile ttt1 of ""-* vmoeo .. 1111rc11 s, 1171 • ..,.,.., .. u. '••"ntll s....,, f1oo1 Deal., ood ltgllt-ot..-, Ac.-h1t1 .. rw lop,_to • Ltttlo Dry CNH" <At-... 71-l.l); ... • I • • • • • • -· otsnJCT .... CJn -loto • a.-t .n• -• oloiJ II, 1119 to-~~~~ "btl-1"' loll .. S...l-f1lr '-" • little llrJ trollll Ia [ftll-(a.-t •· 19-1 .7); _. --· DJSnJCT ~toto 10 ~ wltliii<Call, Elli .. IIO oM -.rill, Joe . • .-4, 117t f1lr ... ll .. 1 .. 0. Foosl~tii\J S~' (..,._t ... 7t-I .J );- MilAS, oo ,..,._, -~~-1---Dl5nJCT oM tlctlll- 1111-1 ..,.,.Ill , Joe . • ..,.n 14 , 1• _..101 ·-tlco oMIIr'Y flloii~III\J S~ (,.._t ... 111-4 .1); eod IlDlA$, Dl5nlCT 1111 ~ ot e ... He loooriOI e fl'" ,_ Cltltol .....-,._.. (-l•tl• ... ,, • SOrl• of 1-) f1lr Ml-... flood --I octloiU• • little DrJ c-wltlllo till Cttr of [ftll-,.,ell ..,.. loci-I• .. 1•, 1•1, 1• oM 1• JIC"' _. MIUS, OISTaJCT 1111 "'"tofo" ........ I Cllltol cooot-tl• ...... . fw cal.,..., JMr ••• • .......-t ta 1 ,....uc: ...,., .. ( .... hlt1• ... M, Slrln of 1•1 ollldl loci.-. -for fiMI 11111., aod IIIH-tloo of roqul"" rill'\ .. ,_, for floool -trol -ts • Little 11rJ t-lo \Ill CI\J of [011-1 oM --· DISTUCT ONI em lllslrt to Ill'" till ohoiJ, 1111 "Little 11rJ c,.... 11-"'" -~-· s..,· ,.. ... wltll """""' Cllt "'""' ... c:~t eft11Mer1 .. 1tu1Un; ... MIUS, DJ5nJCT 1111 ootllorltod '[-c f•ll"llltr lfti1JIII of loot .. 11-tl-. little ""'c-. .,..,.... c-\J" ( .... 1utloo ... J Slr111 of 1.1); •• ~. 1• CIM1..,.tt• rtf tM -.ttlll ,... .... ~tat-........ tile ,.,."" -" foll-: 1. -.o'fllfJil or 015t11Ul.., saJI'£ or__, DISTIICT ONI CITT 1lloll -015111Ul oM 015111Ul - -to ..,.-• [-C f011I~IH\J of Doll .. 11-tl"' f1lr little llr7 C-• .,..,_ C..\J, .. lll"lftlftlr ... f-. I . !!!(! Ell&t•P 111a11 ..,.-or ...,11 ell _.. .. Fl' ..... ~ ... •• .,..mod lo till> .. _, lo c-tloo wltll nl-1-U locl_.l,. •-"• fociHtl• oM/er 1 ........ c-lo • little Dr1 C.-t, .......... c-\J. J . 5COP£ fl IISIC OESISII SOIVICES EII&IIIUl .... 11 -~~~~ tllo lla1lc ... ~-~ .. IIIII .. aod -c MI"Wtcet ....,.ury to def1M tM cost and alterMttwe~ uatlabll to Nline floooll .. In till CI\J of [ .. I-. IIIII HI othlnf1H eutllorllod, lltorM\1- IIIIll lla H•lt..t to tllosa aiNOIIJ -loped IS 11t fortll In till a-IIDW. Thl rehted •"-sMll 1ftC1* ltll cost figures of suff1c1eftt •u11 to *f1M t.M ec:~c advantate• of Mth alternat1'1a . Thl bls1c: Hrv1tll tMll 1nc:lwM, but not Ill H•ltod to the following IIOI'It It-: A. [IIGIIIEEI 1hall -t. Initially and periodically, 11 roqul"" by or cooNIInatod th.._., DISTRICT with till "Pf'I""Utl ... of OtsntCT and CITY 11 appropriate. to : 1 . lnsu,.. Hn1cn ere '" c•11anu w1th reqv1~1 of thh .. _ .. z. Obt11n Mh aM gener1l 1•fof'Wit1011 es eppropT'11t.l . I . EIIGJIIEU shall -1111 till following altornothll: 1 . lu11d 81rry -Pret~t1ce or Belleview D-on&~ &ulth and Ent1-Hlgll School off <111"""1 dotlfttiOO. 2 . lolld Eng1-High Sc-I off-channel detention end eOdl- -2- • I • • • • • - tt-1 -11uttao to (.,1-. l . lotld ltrry.-Uca or lallftl•-oM Moltt1-1 c..._.u.nt• 1A (ftll ....... 4 . lutld a441tl-1 c-11uttoo ool1 to lJitll-· lo -1111 .. -~ altorNtl-, -A .... I ara toM-·- u .n,.. to ua ""''· ,,,.~ "l.tttlo 11r7 c.-Al_tl __ ,,._ -stMJ.' t . _.. -lllf7 _. 1o Uoo ""' t.-t of Uoo trtJICt•.....,.. to Uoo 11-al_tt _ _, M .-ttM to IISTUCT _. CITT for ,.., ...... _. .. 4. 9!$! !! p!CU TN -1 -of _,_ U eet f-to locttMI S of Cllh a.-t llltll --'"·-· I . IAS!l !! Ml!!I!T All _.., ... ,.,--, IM!IUI will M clio,... ot ..,u.-lo _,, -oM lo _.... wlell o direct-.-1 •. TN_,,, raua _.a 41ract -.-•• ..,u.-lo *-Ill ••• ora aot ,_ to bii"H 'A' o\tMMIIIIorato • •. ••!!"'TilE!!!. Partial -' lilt II M --, DISft!CT to U.!IIEEl oo a -CIIIJ Mill --lttol of o m<tlfiM 1\0-,_ U.IIUI rafllrttiCM to -••• -~. _. tub _.g4 to Soctloo s of \1111 .,._,. TN -u of all -tortlal ,._u 111011 M ..... -Uoo """" ..,.-Ill pon-1 ~ ,101 41ract ·-I""""" ill DI&IIIEU "I cortlfiM Itt-for till •1111~ porlo4. Till \GUI of all "111.,. 111011 oot ao<IM till -t 1poclfiM lo Soctloo 4 of \1111 Ao-t. For oll •1111.,., U.llllll .... n -co1t rocora tllat will por81t ""' -·~-with wort ,.,,...., 11 opoc1- fiM lo HC-"lllftl. 7. DEI'OS!T DF f!!!!D$. Vl\1110 lD Ml' of -~-of Cllh Agraoooot, Uoo DISTRICT oM tiTT llltll -.,.,It with Uoo DISTllltT IDS of tho -t 11 ut for\11 to ,,,.....,.. 4 -.. or IJ..I!I!L•ac•. Till ,._u -ill Uoo DISTRICT oM tiTT \11011 M lllld bJ till DISTllltT 1ft • apecttl fwad to pa,r tal costs tr-cwf'f'H tn tCCOf'IIIMtcl w1tl'l this Af,.....,t. DISTRICT 111111 k-to -tlog of till f-anol por1Mict111 •ko 1 ._, to Uoo DISTRICT oM tilT . AoJ loureot Hrood oo -leo cootrlboUd ~~ DISTRICT 1M CITY '"all ltcrue to thh spectal fuftd establ1s hed by DISTRICT 1nd 'wch t~tt.erwst sM11 bt uaed only for this ag~t . Upon t<*l)let1on of the contrltt by the EMGIM£ER, DISTilCT shill dhperu t.N ,._1ntng fr.mds, tnc.ludtnv tnterest, to DISTRICT and CITY in tht ,._ rltto II t..., .. " deposttN , I. I'ERSc.EL A. OIGIIIEU ...,..._u tllat UIQ wtll -ot Uoo 81o-, Uoo follow101 po...-1 1o porf-01 tile HrY1cn -· Cllh ..,._t. !!!!! An1!!11!!1~1t1y oloM M. -ltoll _ _::AI::-::::.I:.:a:.:to:....------ DHI,..r I Toth>lclan I pnfyr II -3- • I • • ( • • • • No:t _,. lo U11--1 _, ..... --1 of DI5T11tl . 1. All of U11 M"lcn ._, .... -·· _, _.. -UIOOII, •11111 Ill ,..-1'--DIIIIIUR 't -1, .... o11 -1 _... lo Ulo .... , ... tloo11 110 hl17 ... 11fiM ... tlooll 110 -·· -"''" ....... , ,_ '"...--........ . t . T .. !! !WI!!!!!CI a. ..., • ..,,. of , '-' .. •'-"" _,,." 111111 .. -1o\M ... -t\011 to DlmiCT 00<1 tin wl\lllo 10 u1-• *11 of oetlco to ,..-, ._-11r oo ort1 llrloflot for ,..., .. .... _...1 . I . 015TliCT .... tin will ...,,., Oft1 .. to .... -'· II ., ... ""•· c-u or---N¥hl.,. w111 .. f-NM ~ DI5T11Cl \0 011-wl\lllo • -of 0111111'• .... lt\01. t . -,_,,,of _,, of DISTIIICT .... Cln, 0111111[0 will rniM ...,ort u _ .. .,, ... lft•l* 10 ..,, .. wltlllo U doll· 10 . DIIIUTI!I!! !! lf'FQIT -C!!OP(I!!\TIC!I 11 . a. lotwltll•~'"' .._, of tho _,,,..,. of \llh a,...-t, tilt htaotl" ~~-of Ull 015Ta1Cl tllt11, after apprort1 of tllY, 1oo t11o .,,, 1Mhl .. 1 1W\IIorltM to rMirKt tile effort or In ,., .., -w •u1 t11e -of "'" .,_,. an •oodl "'II""''"" allall be u-u.lt\0011 to wrltlot ,.,. ""'\0011 to D5111Ell'• Pn.le<t _..,., .,.. 111111 1oo •-.Joct to tile prorhl.,. of till ClllotU 5octloo (llo. 14) of thh .,,......,. OIMU5HI' Of DATA The CIIIIMf"''A1p of dlte, •ra•t"''• .-1nf0f'att0ft co11Kted, acqu1rwd, .,.. ._\0011 -r tllit a,-t tl!oll • -\0011 oM lie oo fllo ot t11o offlco of tllo 015TIICT . CITY tloo11 lllro rt,-of eccnt of *"• "-'ott• tod •-""" .. noc\0011, .... ,.-,.,.. -"'-tllh a,-t. 11 . DUIATI!I!! Of llliiEDitlll a,r-t tl!o11 -Mto oo ..,.., _ __. of ...,.rt oo altor· Mtl" OMI11h ., DUTIICT oo <M<•rr--tin . 1J . TliiiiiiATI!I!! Of llliiEDPT TM• a,-t -.. to,.lotted 11r 015TIICT "'til .._,, of tin .,.. OlllllllEI -.. _ (7) do71' writ-ootlco. lo t11o .... , of torwiMU•, DlllllU .,..11 M pol4 for M"lcH porforwM to to,.lottl• doto" doter· .tM4 ., DISTRICT wltll opproro1 of CITY. 14 . tHAlli($ II ll8aWUT DISTIICT, wl\11 _.1 of CITY -· ,,_ tw \0 tl•, -t ....... lo t11o .. .,. of M"ltH of EII&I•P . 5ooth ......... loc1Y41ot _, hKNIM or ....... 111 tM _.t ef -..0'1 ~t1•• after --1 -t bt ood -DlmiCT, CITY ... DIIIEEI, tloo11 .. oot for\11 to ""'""' ,,.. DI5TIICT to 011-. llolon 0\llonflto _,_., OI5Tlltl .... CITY IM11 det.e,.iM aMre of Hlltt10Ml COIU • ,_ Mlh 81 ert11ne1 ~~~~ ....... -........ -4- • I • • ( ( • • • .. • 15 . I f tl 1oor101 t11o ,..._of tllh ..,_, --lllo11 ..., Ia flo11 -oM-oM •lot.lo --·• '-"tt10 •-_. •"• ltMIIt~ .. -'1 -,o t-wltll 1111tU -to wllll Ulo ........ of tile .... ....-. 11 . l .. lf!teTI• ••-111o11 •-•f) ..,. .... "'"'CT .. un -••• - _. •1•t ell c1•'-· .....,., u•tUtt• • ....-... tu, .,,_, w -of octt•, of-u• or .. -..,,..,., 110 ~ or..-orotoot t!SftiCT .. c1n or orotoot ot-of -.,-or .. -r11, or -.. Ulo Mflt-of --· ~ ..... -ltollllt .... ,.,.. to -orotoot t!STI!CT _.tin • -t --'· 17 . 1\SSI-1\ID "''' ...-,, ... tiiO-' ....,..,,_, -r/1 Ulo -~­ ... 11 -... ,,..., •• 10w _.-' wtu. u.-of DISftltT..,. em. --· Ulo '-"'"---..... ·-~to .. - ., _,, _...,. ,,,.._ 01 of t11o •to oM,.., ""t-wtttOI. (SUI.) ATTUT : Olu< !If M&'tW (SPl) ATTUT: ,_,. AnEST : -- ,,,_..,L'L~,~ ... ,~._.,Q9~>,...,t~u"~ •• -Aoeo... Ttuo, _ _.f:..--.. ;•J"".,. • ..,:i._ ___ _ Tlt(-----FI.GIID CIII'I1IIL D!Sft!CT ~·-------------------- ~to. _________________ ___ ., ____________________ __ Tttle•------------------- ~to, _________________ ___ • I • • • • .. - ....... 1 k-1• of -1, lotos Ufoctlft ,..., •• , 1, 1W1 1!!11.... C1outftgtte -lz lato u '"""'""1 ... 00 11 -·to u.oo u ~-.... ••• It ----·--... JZ .OO n ~:ttbtl-11.00 n ~II R.OO II ..,.,_. • •• 11 ... ,_II ••• .. ... ._I M.OO u Todlolct• II H.OO ( • Todlolct .. l 21.00 Q hftor Ill 22.10 41 hftor II 1t.OO t7 hftor I u.oo IJ 1111-tbtl-M .IO II ,. ... c--tt---a.n 17 c--tt--n.oo u Ollof of """-' 27 .00 15 Por16 Dllof n.oo 17 --·· zo.oo " --· 11.00 77 Todlotco1 Tntat 11.00 Mil• ... .25 per aile Conatnaetion Obaerver -· .20 per •11• • .-~ ... u .. .u per a.r.t·-~ alae Lin• .... 1. L1ae .25 per a.r . ·-.u per •• r. -6-I • • ( • • ( ( • • • Introduced, read in full and passed on first reading on the 9th day of March, 1981. Published as a Bill for an Ordinance on the llth day of March, 1981. Mayor Attest: ex off1c1o 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 9th day of March, 1981. Gary R. H1gbee -7- • I • • ( ( ORDINANCE NO. SERIES OF 198y---- . . • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER ;I_ ..( _,.... AN ORDINANCE ADDING SECTION 9 TO CHAPTER 2, TITLE XIV, OF THE '69 ENGLEWOOD MUNICIPAL CODE, LIMITING THE USE OF UNMARKED CITY VEHICLES FOR TRAFFIC CONTROL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That added Section 9 to Chapter 2, Title XIV, of the '69 EMC, as amended, shall read as follows: 14-2-9: USE OF UNMARKED CITY VEHICLES Unmarked City vehicles shall not be used for /-/ i regular routine traffic patrol. That an unmarked t. 0 -;~" -• City vehicle was used for regular routine traffic A ,_ 1 - patrol shall not be a defense to any violation of ....t.', 1 r ~ ,, -!' ~ law. ~*".dl ,..::1 "-"-' ;; ~ --w( 't'k !/'.. -u . ' - ..-""\"-t" ~ £ (1.-II I,..(. Introduced, read in full, and passed on first reading on ~ '~ the 9th day of March, 1981. Published as a Bill for an Ordinance on the 11th day of March, 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 is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 9th day of March, 1981. Gary R. Higbee • I • • • • • ORDINANCE NO. SERIES OF 198r---- .. • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER/\.~ - AN ORDINANCE ADDING SECTION 9 TO CHAPTER 2, TITLE XIV, OF THE '69 ENGLEWOOD MUNICIPAL CODE, LIMITING THE USE OF UNMARKED CITY VEHICLES FOR TRAFFIC CONTROL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That added Section 9 to Chapter 2, Title XIV, of the '69 EMC, as amended, shall read as follows: 14-2-9: USE OF UNMARKED CITY VEHICLES Published as a Bill for an Ordinance on the 11th day March, 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 is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 9th day of March, 1981 . Gary R. Higbee • I • • • • • ,. ' ' It is the policy of the City of Englewood that the police vehicles used for regular routine traffic patrol will be marked proainently as Englewood Police vehicles. Failure to comply with this policy will be no defense to any violation of law. • I • • ~ID J ( • RESOLUTION NO. I I SERIES OF 1981 .. • • - A RESOLUTION APPOINTING THOMAS V. HOLLAND ASSISTANT CITY ATTORNEY AND FIXING HIS SALARY FOR THE BALANCE OF THE YEAR 1981. WHEREAS, Section 64, Article IX, of the Englewood Home Rule Charter states that Council may provide the City Attorney with such assistants as Council may deem necessary; and WHEREAS, Council deems it necessary to appoint an Assistant City Attorney. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Mr. Thomas V. Holland is hereby appointed Ass1stant City Attorney to be compensated at the rate of $29,000 per annum. ADOPTED AND APPROVED this 9th day of March, 1981. Mayor Attest: ex off1cio C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above is a true, accurate and complete copy of Resolution No. , Series of 1981. Gary R. Higbee • I • • vJo (, (1 • C 0 U N C I L DATE March 5, 1981 • • , . • C 0 M M U N I C A T I 0 N AGENDA ITEM 8 A SUBJECT Malley Center Contribution INITIATED BY Gaey BishM Dfrertpr gf f1Mnce ACTION PROPOSED Resolution !Mpclipg the GeMral Fypd -Melley Spntor Q!Oter BAatGROUND It is our understanding that the ECBP still has approximately $30,000 to $40,000 that was contributed to it for the ultimate use of the Elsie Malley Center. We still have many needs for the Center that we are not able to fund. Paclcy RoiiiSns, Director of Parks and Recreation, was asked to put together a list of these needs. He did so and they include the following: Equip~EI~t Purchases 1. 11 passenger van 2. Additional shelving -library and craft rooiiiS 3. Archery equipment 4. Volleyball net and ball 5. Slant board for fitness class (adj uatable) 6. Overhead projector 7. TWo slide projectors with tape and dissolve unit TOTAL $ 9,000 1,000 400 500 300 500 3,000 $14,700 A letter was then sent to the ECBF requesting that they make funds in the amount of $14,700 available to the City for the above purchases. Recently the City received a check in the amount of $14,700 from the ECBF for the Elsie Malley Center. REC0!9miDA TIONS The City Council approve the attached Resolution appropriating the amount of $14,700 for the Halley Center capital outlay. • I • • • • • • • • RESOLUTION NO . /~ SERIES OF 198 1 ____ _ ... A RESOLUTION AHENOING THE GENERAL FUND . • WHEREAS, the City of Englewood, Colorado, has rece ived a contribution from the Englewood Centennial Bi-Centennial Foundation for certain equipment purchases for the Halley Senior Recreation Center, and WHEREAS, the City Council of the City of Englewood, Colorado, wishes to appropriate funds for said equipment, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of EngleNOOd, Colorado, as follows: SECTION I. The following estimated appropriation and revenues are hereby made In the General Fund. Source of Funds Contributions $ 14,700 Approprlat Ions Halley Center Capital Outlay $ 14,700 SECTION 11. The City Manager and Director of Finance are hereby authorized to make the above changes to the 1981 budget of the City of Englewood. AOOPTEO ANO APPROVED THIS q -t h day of !ha Y c.fl , 1981 . Hay or ATTEST: ex officio Clty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. lc6 , Series of 1981. Gary R. Higbee I • • n • • • C 0 U N C I L DATE Karch 5, 1981 • • - C 0 M M U N I C A T I 0 N AGENDA ITEM 8 A SUBJECT Halley Center Contribution INITIATED BY Carv Hi shee D1 rector of f1 Mace ACTION PROPOSED Resolution awQdipg the GCPcral Fypd -Mel1e]l Sepior Center BACKGROUND It is our understanding that the ECBF still has approximately $30,000 to $40,000 that was contributed to it for the ultimate use of the Elsie Halley Center. We still have many needs for the Center that we are not able to fund. Packy Romans, Director of Parks and Recreation, was asked to put together a list of these needs. Re did so and they include the following: Equipaent Purchases 1. 11 passenger van 2. Additional shelving -library and craft rooms 3. Archery equipment 4. Volleyball net and ball 5. Slant board for fitness class (adjustable) 6. Overhead projector 7. Two slide projectors with tape and dissolve unit TOTAL $ 9,000 1,000 400 500 300 500 3,000 $14,700 A letter was then sent to the ECBF requesting that they make funds in the amount of $14,700 available to the City for the above purchases. Recently the City received a check in the amount of $14,700 from the ECBF for the Elsie Malley Center. RECOMMENDATIONS The City Council approve the attached Resolution appropriating the amount of $14,700 for the Malley Center capital outlay • I • • • • • RESOLUTION NO . I J--1 SERIES OF 1981_..!.....:.. __ _ • A RESOLUTION AMENDING THE GENERAL FUND . • • WHEREAS, the City of Englewood, Colorado, has received a contribution from the Englewood Centennial Bi -Centennial Foundation for certain equ i pment purchases for the Halley Senior Recreation Center, and WHEREAS, the City Council of the City of Englewood, Colorado , wishes to appropriate funds for said equipment, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, as follows: SECTION I. The following estimated appropriation and revenues are hereby made In the General Fund. Source of Funds Contributions $ lit, 700 AppropriatIons Halley Center Capital Outlay $ llt,700 SECTION 11. The City Manager and Director of Finance are hereby authorized to make the above changes to the 1981 budget of the City of Englewood. ADOPTED AND APPROVED THIS tjf:h day of lt)at.c.A , 1981. Hayor ATTEST: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. /J. , Series of 1981. Gary R. Higbee • I • • 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 March 5, 1981 \~ Request for Special Council Meeting INITIATED BY Departmept of Cgmmupity Deyelopmept ACTION PROPOSED A Special Heeting of the City Council be scheduled for Harch 30. 1981 to hold a Public Hearing on the Community Develooment Block Grant. BACKGROUND: In November, 1980, City Council authorized submission of a preapplication for a Fiscal Year 1981 Community Development Block Grant in the amount of $390,000 to be used for the Housing Rehabilitation Program. As a result of the review and ranking of the preapplication, Englewood has been in- vited to submit a full application for a Single Purpose Grant in the amount of $390,000. The deadline for full application is April l, 1981. The Community Development Department is preparing the full application. HUD regulations require that two public hearings be held to solicit v i ews and opinions regarding the administra- tion of the program, and that City Council adopt a resolution authorizing the submission of the full application as well as authorizing the City Manager to s i gn all necessary letters of transmittal and forms . Public notices of hearings must be printed at least ten day s in adva nce of the meetin g. The first Public Hearing has been set for 7 :0 0 P . M., March 2 3rd. Because of the timing , I request t h at t he se c on d Publ i c Hearing be held at a special City Counc il meet i n g on March 3 0 th after which City Council could take the necess a r y action . The cover page of the application is attached. I • • • • - --.. FEDERAL ASSISTANCE & APPU-.. _. J. ITAft .. -. c.uon --nGit L TV~I 0 PILVPUCAflOII APPU-.. -_.,. L Mfl r--•• 0' , ___ ACT ION IJI arPLJCAnall CA~ It ... AU1511U It 111;;!.::" 0 -I'ICAflOII • llliiiT (¥» ,_ I c. a ........... -4. L&GAL AWUCAifT/IIICII'I&NT I. -IIWUI'I'&II IDUIT inCAfiON NO. .. --: City of Enalewood A 138803 .. ·-----: Depart-nt of eo-unity Develo~e nt .. 11 14 1•12 11191 .. _,.L .. , 3400 S. Elati -..-.. ~ , Enal-ood .,...., ,Arapahoe -.. '"" ··-1 Colorado ··-80110 ,,.._ Ca.aunity Development ,_ .. ..__,_ c.-.• Block Grant Program I ._,.., I Frances Buck Jonas (303)761-1140 '· 'llTI.I---or__..._,. L TYN or -..:AIIT/ .. CIPI&toT I The City of En&levood is requestin& HUD assistance · ,__ t",:il-~ to continue a local housin& assistance proaraa to u.::" ,_ r--..._ ,.__,.,, meet the needs of low-and .oderate-income familie1 u: .. "" Ei&hty-ei~t (88) faail1es will receive houain& ,_ __ rehabilitation assistance throu&h arants and loans ~..._ ---rEI I. TYN or AUIITAMC& ---I .... , ,_.._ 6--.fAil c-u. _,_toJ A I& MIA or NIIIIICT ~ o.V-•f--aa.m_~ IJ. TYN or Al'f'UCATIOfl --· -~ I n I ..-• .-1 I I 6-·-....... fAl Ci~v of EnRlewood 34 000 IJ. NONIID "*!j'N<a 14. ~IIUSIONAL DIITIIICQ or: 11. TYN 01' -,,.,. 11o,. l lol .. _ .... , 1 • 111n.ono .. --..... ::r .._. __ ,_ "-··· .. ~-....... . 100.000 5th 5th c-o---IWa ._ __ .N ---.. -.. IL PIIOJ&CT ITAIIT U. -.JICT ~ DAT~ 'Bi""~ ere -rA-._ ... ~ ... ,...,IT(] 4.L-. .. __ ,,, ) .. -. 496.000 .. I& lfl11A1U DA:\c,'IO "--·-lt. IIUaTINO I'IDUIAL IDCNTIPICATION NIIMDIII L -II QA6.000 .. ,i.=rxmcv. 1181 4 1 a IIDIML MIICY '10 II8CIIVS IIIIQUUT &-..C..---· II. MIIAIIQADDCD Denver Area HUD Office, nenver, Colorado 80202 DY• ONe I .. .. .. ---~----· .. :.::r::'~-~ .:..=..-.: ... ~~; No ... ·-_ ..... ___ .... --,.. ----------------· aa Denver Regional COG [j 0 camP118 __ ...... .,.._ ... _ '""'• ----·--• State Planning Office ~ R -·---01 I :.m!"'* .. n.u--mu .. -•Mil-r-----· IJ.ndrew J. McCown , City Hanager It 81 3 1 SDtTATIYI ... --r.o..-1'---IIIUIYI1I II ( a OIIIIMIZATIOMM. UNIT 'D. ADMitiiTIIATIYI omc:& a 'EOIIIAL -ICATION I IDCNTIFICATION . --a PIOIIIAL GIIANT I IDUITIPICAT-... ~,-.. fUN-1'---... 1'--.. ! ca.-.. --. .. .00 D. ACTIOit DATI • .. ~W'-.. c ....... .__,_ .00 -="fJ-ro:...-:~-.. 1'--.. IN DONO c • .-... o.IIATI .00 DATI II -.. WCM. .00 U • ...._AIIOID I c.__ .. -... o•..-.. -I ... nY• nNe .. ......... ------~--· .. ---.. -Plllllllll. -.cY -·. :-::.....----....... -a. Clololot- "' __ ........,._, ·--·· - I • • A-41~