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Home My WebLink About1981-03-16 (Regular) Meeting AgendaI • "-City Council Meeting-Regular March 16, 1981 • • • • CITY COUNCIL MEETING March 16 1981 • • - RESOLUTION I ;a-: 1-K.' 15 • 16 . 17 ORDINANCE I 30, 31, 32, 33, 34 • 0 I . . • REGULAR MEETING : • • - COUNCIL CHAMBE RS CITY OF ENGLEWOOD, COL ORADO March 16, 19 81 JUL The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on March 16, 1981, at 7 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Adrian House, First Christian Church, 3190 South Grant Street. The pledge of allegiance 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 Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF MARCH 9, 1981. 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. * * * * * * • I • • • • March 16, 1981 Page 2 • • • COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE PRO - CLAMATION DECLARING THE WEEK OF MARCH 15 THROUGH MARCH 22, 1981, AS "DEHOLAY WEEK ". Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday , Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Members of DeMolay appeared before Council for the presentation. Mayor Otis read the proclamation and presented it to Matt Buechner, Chairman of DeMolay Week. * * * * * * There were no other pre-scheduled visitors. * * * * * * Mayor Otis asked if there were other visitors in the audience wishing to speak to Council. Daniel Herbold, 4520 South Lipan, appeared before Council. Hr. Herbold inquired about the following: 1. If the fire station was going to be sold for under $20,000? Council answered it was not even though an offer had been made for that amount. City Manager McCown stated an appraisal of the station was being made. 2. Why was the fire truck that was to be renovated for the volunteer fire department still parked at the Servicenter? Council instructed the City Manager to investigate and report back to Council and Mr. Herbold. 3. Was it true that the Fire Chief had resigned? Council stated they had not received a letter of resigna-tion. • I • • 0 • ( • March 16, 1981 Page 3 • - 4. What was the total price of the golf clubhouse going to be? Council replied it was unknown at this point. Council Member Neal suggested that Mr. Herbold contact the City Manager's office to review the architect's study and comments on the clubhouse. Mayor Otis stated when more information was available, it would be made public. 5. Has Council considered implementing a "head tax" to generaterevenue like the City of Denver? Council replied such an idea has been turned over to the Revenue Resource Committee whose purpose is to study and recommend ways to generate more revenue for the City. 6. Was Council committed to giving money to downtown businessmen? Council Member Neal stated the Downtown Development Au- thority collects 5 mills within the downtown area; the funds of which are committed to administering and study- ing ways to promote economic development within the down- town area. The City has invested seed money in the down- town area to get some projects started that are part of an overall plan to increase the tax base, to keep sales tax revenue strong, and to avoid raising the mill levy which ultimately would benefit everyone in Englewood. 7. If the 7-11 Store at Tufts and Broadway was going to get a liquor license? Mayor Otis stated the Liquor License Authority would be handling the application if the store has applied for one. The Authority would hold a public hearing, notice of which would be published in the newspaper and posted at the site. Mr. Herbold asked what had been done on the report he made about minors buying beer. Ms. Bradshaw stated the police department was directed to step-up surveillance of the area. Mr. Herbold stated he knew of an incidence where a student went into a 7-11 Store and bought beer. • I • • ,.. • March 16, 1981 Page 4 • .. Council Member Higday advised Mr. Herbold to call the police immediately if this happens b ecause there was obviously nothing the Council could do after the fact . Mr. Herbold stated the liquor problem at Englewood High School was getting worse. Council Member Higday stated the problem was on the rise but probably did not have awhole lot to do wi t h 7-1 1 . The students were getting the liquor from som ewhe r e . Council Member Bilo asked that the matter be brought to the attention of Police Chief Holmes. Mr. Bilo stated he would also bring this matter to the attention of the Joint School-City Committee. 8. Why not put the golf clubhouse decision on the ballot at the upcoming Special Election? Council Member Higday stated the decision on the club- house was inherent to the vote on whether or not to have a golf course a few years ago. Since the results of the election favored a golf course, there had to be a clubhouse, the magnitude of which had yet to be de- termined. Hr. Herbold had no further questions. * * * * * * Jerry Montgomery, 4181 South Cherokee, appeared before Council. Mr. Montgomery stated he was a representative of the Englewood Student Council and was appearing to inform Council of what was being done about the drinking problem at the high school. Hr. Montgomery stated for the past three weeks the Student Coun- cil had run anti-drinking campaigns, and the school principal had held assemblies and imposed harsh penalties for violators. Hr. Montgomery reported the problem was under control at this time. Council thanked Hr. Montgomery for making the report. Council Member Higday suggested that a letter be sent to the School Board commending the Student Council and the school offi- cials for their efforts. * * * * * * There were no other visitors at this time. * * * * * * • I • • ( • • March 16, 1 981 Page 5 • - "ColDIIUnications -No Action Reco11111ended" on the agenda were : (a) (b) (c) Minutes of the Board of Adjustment and Ap- peals meeting of February 11, 1981. Minutes of the Planning and Zoning Colllllission meeting of February 17, 1981. Memorandum from the City Manager concerning his attendance at the National League of Cities Conference in Washington, D.C. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED". 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 Attorney DeWitt discussed a Council Communication from the City Clerk concerning a Massage Parlor Application for Soon Ye Scott, 2801 South Broadway. Mr. DeWitt stated the pro- cedure in this matter would be to : 1) establish a neighborhood for petitioning; 2) determine the firm to do the survey; and 3) set a public hearing date. Mr. DeWitt stated staff members were recommending the neighborhood be established at a six block radius, the firm chosen to do the survey be Oedipus, Inc. , and the public hearing date be set six to eight weeks from this date. Tolll!ly Drinkwine, attorney for the applicant, appeared before Council. Mr. Drinkwine was agreeable to the terms with the exception of setting the public hearing date six to eight weeks in the future. Mr. Drinkwine later agreed to the time period after it was explained to him that it would take that long to conduct the survey and tally the results. COUNCIL MEMBER KEENA MOVED TO SET THE NEIGHBORHOOD AT A SIX BLOCK RADIUS; TO USE OEDIPUS, INC. AS THE SURVEY FIRM; AND TO SET THE PUBLIC HEARING FOR MAY 11, 1981, AT 7:00 P.M. FOR THE MASSAGE PARLOR APPLICATION. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as follows: • I • • n • Mar ch 16 , 19 8 1 Page 6 Ayes : Nays : • • Council Members Hi gday , Nea l, Fitzpa trick , Keena, Bi lo, Bradshaw, Ot i s. None. The Mayor declared the motion carried . Council Member Neal stated he had no objections to us i ng Oedipus, Inc., as long as the survey was not taken on a Sunday. * * * * * * City Attorney DeWitt presented a Council Communication from the Library Advisory Board concerning Board Members' terms of office. Mr. DeWitt noted 8-1-1 of the Englewood Municipal Code provided staggering terms, two of which to expire in any one year. Library Board Member, Bruce Hogue, 3844 South Grant, appeared before Council. Mr. Hogue stated he had researched the matter and as far as he could determine the imbalance of term appointments took place a year ago. Mr. Hogue recommended that board minutes reflect the outgoing and incoming members and their terms, and that his term be shortened to remedy the inequity that now exists. Mayor Otis recommended that the City Manager and City Attorney research the minutes and report back to Council their findings. COUNCIL MEMBER BILO l'JJVED TO TABLE THE MATTER UNTIL MORE INFORMATION WAS OBTAINED. 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 a Council Communication from the Planning and Zoning Commission meeting of March 3, 1981 ', concerning the Bicycle Trail System • • I • • • • March 16, 1981 Page 7 • • • Ed McBrayer , Jr., 2893 South Ogden, Vice Chairperson of the Planning and Zoning Commission, appeared before Council. Mr. McBrayer discussed with Council the proposed system 1 and the costs to implement i t and to educate the public. COUNCIL MEMBER HIGDAY MOVED TO BRING FORWARD AGENDA ITEM 7(c), THE RESOLUTION CONCERNING AN ON-STREET BICYCLE TRAIL SYSTEM. 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. 13 SERIES OF 1981 A RESOLUTION ADOPTING AN ON-STREET BICYCLE TRAIL SYSTEM FOR THE CITY OF ENGLEWOOD. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 13 ', 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. Mr. Herbold stood up in the audience and asked for per- mission to ask a question concerning the bicycle trail system. COUNCIL MEMBER BRADSHAW MOVED TO SUSPEND THE RULES. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. Council Member Keena. The Mayor declared the motion carried. Council Member Keena stated she voted nay because the above motion to suspend the rules would be setting a precedent for someone to speak outside the designated times • • n I • • 0 • • Mar ch 16, 1 98 1 Page 8 • • • Mr. Herbold asked i f the b icyc le t r ai l sys t em would reduce the number of parking spac es? Council stated it would not. * * * * * * Mayor Otis presented a Council Communication from the Planning and Zoning Commission providing further information for the National American Planning Association Conferenc e i n Boston on April 25 -29, 1981. The information was provi ded a.t the request of Council Member Higday. The Comm i ssion was ask- ing for additional funds to send another comm i ssioner with Mr. Tanguma to the conference. Council Member Higday stated he had asked to see the conference agenda but what he really wanted was to see the neces- sity of sending two commissioners. Mr. Higday stated from the agenda he could not tell if two were necessary. Council Member Fitzpatrick stated sending two Planning and Zoning Commissioners to a conference would be setting a pre-cedent for other City Boards and Commissions. COUNCIL MEMBER BILO MOVED TO APPROVE AN ADDITIONAL PLANNING COMMISSIONER TO ATTEND THE AMERICAN PLANNING ASSOCIA- TION CONFERENCE IN BOSTON, MASSACHUSETS, ON APRIL 25 -29, 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: None. Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. The Mayor declared the motion defeated. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING A MAINTENANCE CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE STATE OF COLORADO, STATE DEPART- MENT OF HIGHWAYS, DIVISION OF HIGHWAYS, PROVIDING FOR MAINTENANCE OF A PORTION OF SOUTH BROADWAY IN THE CITY OF ENGLEWOOD • • I • • • • March 16, 19 81 Page 9 • - COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 36 1, SERI ES OF 1981, ON FIRST READING. Council Member Bilo seconded the motion. Counc i l Member Higday asked for an explanation as to why maintenance crews asphalted a part of Broadway that extended beyond the city limits. City Manager McCown stated there was a small jog of road on Broadway that extended beyond the city limits and the City has agreed to maintain this portion to keep the road in balance. In response to Council Member Neal's question, City Manager McCown stated cost studies have been done and they show the contract fees adequately cover the costs of maintenance. 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. 37 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINAN CE AMENDING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY FOR ADMINISTRATION OF THE HOME REHABILITATION PROGRAM AND DECLARING AN EMERGENCY. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 37, SERIES OF 1981, ON FIRST READING. 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 • • • March 16, 1981 Page 10 Nays : None. • .. The Mayor declared the motion carr ied . RESOLUTION NO. 14 SERIES OF 1981 * * * * * * A RESOLUTION IN SYMPATHY WITH THE PEOPLE OF THE CITY OF ATLANTA, GEORGIA, WHO ARE SUFF ERING THE LOSS OF TWE NTY OF THEIR CHIL DRE N, AND SUPPORTING THEIR EFFORTS. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO . 14 , SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Council Member Higday stated he had had plans to ask for money to support the efforts in Atlanta until the f ederal government decided to spend money. Mr. Higday asked Council to keep his idea in mind if money becomes short and the tragedy continues. Mr. Higday stated this problem was not Atlanta's alone but every city's in the United States. 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 for information pur- poses the Stipulation of Dismissal and Order in the case of Parkinson vs the City Council. * * * * * * City Attorney DeWitt discussed the following items: 1. Concerning the report on the Bates-Logan Park, he would answer any questions Council might have. Mr. DeWitt stated the City has an easement for City Ditch purposes and to expand the use would be outside the original agreement. 2. In the case of Colorado Springs, the hearing that was set for March 9th on litigation regarding adult book stores • ) I • • I ( • Mar ch 16, 1981 Page 11 • • .. has been continued to June 29th. Hr. DeWitt stated the case was very important because it was the same course in which Englewood wou l d take in proposing an ordinance. Hr. DeWitt stated at the April 6th Council meeting, he would have a report concerning mas- sage parlors including a proposed ordinance. He stated that before June, he would have a proposed comprehensive ordinance dealing with the zoning question in this matter. 3. The assessment deferral program should be available at the April 20th Council meeting. 4. Work was being done on the decriminalization of ju- venile offenses, the target date being Hay 1. Hay 1. 5. The shoplifting ordinance might be available before 6. He was studying the problem of bankruptcies and how they related to library losses the City was experiencing. 7. He asked for further direction on gold and silver exchange from Council Member Bradshaw. Council Member Neal initiated discussion on the Bates- Logan Park matter. Hr. DeWitt stated the City had not abandoned the City Ditch in this area. Then discussion ensued regarding the Ditch. Council Member Neal instructed the staff to in- form the involved property owners of their responsibilities as well as the City's rights and responsibilities so there was some understanding before the fact that the City has certain rights to go into the Ditch, etc. Mr. DeWitt stated the City has rights; and that it was the practical exercise of the rights that Mr. Neal was addressing. Mr. DeWitt stated a notice of some sort to the property owner would be appropriate. Mr. Neal suggested sending a registered letter to each property own e r. Mr. Nea l also instructed staff to contact, on an in- formal basis, the involved property owners and inquire if they would like to sell their property. * * * * * * • I • • • March 16, 1981 Page 12 • • .. City Manager McCown presented a Council Communicat i on concerning a recommendation for award of construction of munici- pal golf course cart and pedestrian paths, and related facilities thereon. Mr. McCown stated the recommendation was to award the contract to Duran Excavating for the total bid including alter- nates in the amount of $89,308.20. Mr. McCown stated $108,000.00 was budgeted for the project. Mr. McCown presented a map and dis-cussed the plans. COUNCIL MEMBER KEENA MOVED TO AWARD THE CONSTRUCTION OF THE GOLF COURSE CARTS AND PEDESTRIAN PATHS TO DURAN EXCAVAT- ING OF GREELEY IN THE AMOUNT OF $89,308.20. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown requested approval of an out-of-state trip for Director of Parks and Recreation, Packy Romans, who has been elected to the National Parks and Recreation Board of Trustees. The trip would be to a Board Meeting in Oklahoma City, Oklahoma, in the Spring. COUNCIL MEMBER NEAL MOVED TO APPROVE THE TRIP FOR MR. ROMANS TO OKLAHOMA CITY, TO ATTEND THE NATIONAL PARKS AND RECREA- TION TRUSTEES MEETING. 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 Manager McCown requested a meeting with Council following adjournment of this meeting for the purpose of review- ing certain items one of which was a personnel matter requiring a closed session. Council agreed. * * * * * * • I • • • • • • - March 16 , 1981 Pag 13 COUNCIL MEMBER KEENA MOVED TO SET A SPE CI AL MEETING ON MARCH 30, 1981, FOLLOWING THE PUBLIC HEARING ON THAT DATE. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Council Member Keena queried Council Bill No. 37, hav- ing to do with the Housing Authority. Ms. Keena stated the point system used for General Priorities was "very low income" at 3 and "low income" at 3. She was curious as to why these categories got the same points in terms of setting priorities. City Attorney DeWitt stated the points were accumu- lative. "Low income" would receive a 3 and "very low income" would receive 3 more. * * * * * * Council Member Bradshaw dedicated the new bookcases in the Council Chambers to Council Members Keena and Neal. * * * * * * Council Member Bradshaw told of the accident at Sinclair Jr. High School. Ms. Bradshaw stated the condition of the student was critical. Ms. Bradshaw asked about the appropriateness of Coun- cil doing something in regard to this matter. Council Member Keena suggested discussing the matter after the meeting. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at ~~~k&.., 9:00 p.m. • I> I • • c • REGULAR MEETING : • • • COUNCIL CHAMBERS CITY OF ENG LEWOOD , COLORADO Mar ch 16 , 1981 1 vL.~ The City Coun c il of the City of Englewood, Arapahoe County, Colorado, met in regular session on March 16, 1981, at 7 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Adrian House, First Christian Church, 3190 South Grant Street. The pledge of allegiance 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 Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF MARCH 9, 1981. 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. * * * * * * • • I • • March 16, 1981 Page 2 • • • COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT TH E PRO- CLAMATION DECLARING THE WEEK OF MARCH 15 THROUGH MARCH 2 2, 198 1, AS "DEK>LAY WEEK". Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resu l ted as follows : Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Members of DeMolay appeared before Council for the presentation. Mayor Otis read the proclamation and presented it to Matt Buechner, Chairman of DeMolay Week. * * * * * * There were no other pre-scheduled visitors. * * * * * * Mayor Otis asked if there were other visitors in the audience wishing to speak to Council. Daniel Herbold, 4520 South Lipan, appeared before Council. Mr. Herbold inquired about the following: 1. If the fire station was going to be sold for under $20,000? Council answered it was not even though an offer had been made for that amount. City Manager McCown stated an appraisal of the station was being made. 2. Why was the fire truck that was to be renovated for the volunteer fire department still parked at the Servicenter? Council instructed the City Manager to investigate and report back to Council and Mr. Herbold. 3. Was it true that the Fire Chief had resigned? Council stated they had not received a letter of resigna-tion • • I • • ( • March 16, 1 98 1 Page 3 • • - 4. What was the total price of the golf clubhouse going to be? · Council replied it was unknown at this point. Council Member Neal suggested that Mr. Herbold contact the City Manager's office to review the architect's study and comments on the clubhouse. Mayor Otis stated when more information was available, it would be made public. 5. Has Council considered implementing a "head tax" to generaterevenue like the City of Denver? Council replied such an idea has been turned over to the Revenue Resource Committee whose purpose is to study and recommend ways to generate more revenue for the City. 6. Was Council committed to giving money to downtown businessmen? Council Member Neal stated the Downtown Development Au- thority collects 5 mills within the downtown area ; the funds of which are committed to administering and study- ing ways to promote economic development within the down- town area. The City has invested seed money in the down- town area to get some projects started that are part of an overall plan to increase the tax base, to keep sales tax revenue strong, and to avoid raising the mill levy which ultimately would benefit everyone in Englewood. 7. If the 7-11 Store at Tufts and Broadway was going to get a liquor license? Mayor Otis stated the Liquor License Authority would be handling the application if the store has applied for one. The Authority would hold a public hearing, notice of which would be published in the newspaper and posted at the site. Mr. Herbold asked what had been done on the report he made about minors buying beer. Ms. Bradshaw stated the police department was directed to step-up surveillance of the area. Mr. Herbold stated he knew of an incidence where a student went into a 7-11 Store and bought beer. • I • • • • March 16, 1981 Page 4 • .. Council Member Higday advised Mr. Herbold to call the police immediately if this happens because there was obviously nothing the Council could do after the fact . Mr. Herbold stated the liquor problem at Englewood High School was getting wors e . Co unc il Member Higday stated the problem was on the rise but probably did not have awhol lot to do with 7-11 . The students were getting the liquor from somewhere . Council Member Bilo asked that the matter be brought to the attention of Police Chief Holmes. Mr. Bi lo stated he wou l d also bring this matter to the attention of the Joint School-City Committee. 8. Why not put the golf clubhouse decision on the ballot at the upcoming Special Election? Council Member Higday stated the decision on th e club- house was inherent to the vote on whether or not to have a golf course a few years ago. Since the results of the election favored a golf course, there had to be a clubhouse, the magnitude of which had yet to be de- termined. Mr. Herbold had no further questions. * * * * * * Jerry Montgomery, 4181 South Cherokee, appeared before Council. Mr. Montgomery stated he was a representative of the Englewood Student Council and was appearing to inform Council of what was being done about the drinking problem at the high school. Mr. Montgomery stated for the past three weeks the Student Coun- cil had run anti-drinking campaigns, and the school principal had held assemblies and imposed harsh penalties for violators. Mr. Montgomery reported the problem was under control at this time. Council thanked Mr. Montgomery for making the report. Council Member Higday suggested that a letter be sent to the School Board commending the Student Council and the school offi- cials for their efforts. * * * * * * There were no other visitors at this time. * * * * * * • I • • • March 16, 1981 Page 5 • - "CoUIIIUnications -No Action Recotmlended" on the agenda were : (a) (b) (c) Minutes of the Board of Adjustment and Ap- p eal s meeting of February 11, 1981. Minutes of the Planning and Zoning Cotmlission meeting of February 17, 1981. Memorandum from the City Manager concerning his attendance at the National League of Cities Conference in Washington, D.C. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED". 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 Attorney DeWitt discussed a Council CotmiUnication from the City Clerk concerning a Massage Parlor Application for Soon Ye Scott, 2801 South Broadway. Mr. DeWitt stated the pro- cedure in this matter would be to : 1) establish a neighborhood for petitioning; 2) determine the firm to do the survey; and 3) set a public hearing date. Mr. DeWitt stated staff members were recommending the neighborhood be established at a six block radius, the firm chosen to do the survey be Oedipus, Inc., and the public hearing date be set six to eight weeks from this date. Tommy Drinkwine, attorney for the applicant, appeared before Council. Mr. Drinkwine was agreeable to the terms with the exception of setting the public hearing date six to eight weeks in the future. Mr. Drinkwine later agreed to the time period after it was explained to him that it would take that long to conduct the survey and tally the results. COUNCIL MEMBER KEENA MOVED TO SET THE NEIGHBORHOOD AT A SIX BLOCK RADIUS; TO USE OEDIPUS, INC. AS THE SURVEY FIRM; AND TO SET THE PUBLIC HEARING FOR MAY 11, 1981, AT 7:00 P.M. FOR THE MASSAGE PARLOR APPLICATION. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as follows : • I • • • • March 16, 1981 Page 6 Ayes : Nays: • • • Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Neal stated he had no objections to us i ng Oedipus, Inc., as long as the survey was not taken on a Sunday. * * * * * * City Attorney DeWitt presented a Council Communication from the Library Advisory Board concerning Board Members' terms of office. Mr. DeWitt noted 8-1-1 of the Englewood Municipal Code provided staggering terms, two of which to expire in any one year. Library Board Member, Bruce Hogue, 3844 South Grant, appeared before Council. Mr. Hogue stated he had researched the matter and as far as he could determine the imbalance of term appointments took place a year ago. Mr. Hogue recommended that board minutes reflect the outgoing and incoming members and their terms, and that his term be shortened to remedy the inequity that now exists. Mayor Otis recommended that the City Manager and City Attorney research the minutes and report back to Council their findings. COUNCIL MEMBER BILO MOVED TO TABLE THE MATTER UNTIL MORE INFORMATION WAS OBTAINED. 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 a Council Communication from the Planning and Zoning Commission meeting of March 3, 1981 ', concerning the Bicycle Trail System • • 0 I • • ( • • March 16 , 198 1 P a ge 7 • • - Ed McBrayer, Jr., 2893 South Ogden , Vice Chairperson of the Planning and Zoning Commission, appeared before Council. Hr. McBrayer discussed with Council the proposed systemJand the costs to implement it and to educate the public. COUNCIL MEMBER HIGDAY MOVED TO BRING FORWARD AGENDA ITEM 7(c), THE RESOLUTION CONCERNING AN ON-STREET BICYCLE TRAIL SYSTEM. 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. 13 SERIES OF 1981 A RESOLUTION ADOPTING AN ON-STREET BICYCLE TRAIL SYSTEM FOR THE CITY OF ENGLEWOOD. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 13 ', 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. Mr. Herbold stood up in the audience and asked for per- mission to ask a question concerning the bicycle trail system. COUNCIL MEMBER BRADSHAW MOVED TO SUSPEND THE RULES. Council Member Higday seconded the motion. Upon a call of the roll , the vote resulted as follows : Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. Council Member Keena. The Mayor declared the motion carried. Council Member Keena stated she voted nay because the above motion to suspend the rules would be setting a precedent for someone to speak outside the designated times • • 0 I • • • March 16, 1981 Page 8 • • • Mr. Her b old asked i f the b i c y c le t r ail sys tem would reduce the number of parking spac e s ? Counc il stated it would not. * * * * * * Mayor Otis presented a Counc i l Communication f rom the Planning and Zoning Commission providing further informat i on for the National American Planning Assoc i ation Conference in Boston on April 25 -29, 1981. The information was provided at the request of Council Member Higday. The Comm i ssion was ask- ing for additional funds to send another comm i ssioner wi th Mr. Tanguma to the conference. Council Member Higday stated he had asked to see the conference agenda but what he really wanted was to see the neces- sity of sending two commissioners. Mr. Higday stated from the agenda he could not tell if two were necessary. Council Member Fitzpatrick stated sending two Planning and Zoning Commissioners to a conference would be setting a pre - cedent for other City Boards and Commissions. COUNCIL MEMBER BILO MOVED TO APPROVE AN ADDITIONAL PLANNING COMMISSIONER TO ATTEND THE AMERICAN PLANNING ASSOCIA- TION CONFERENCE IN BOSTON, HASSACHUSETS, ON APRIL 25 -29, 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: None. Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. The Mayor declared the motion defeated. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING A MAINTENANCE CONTRACT BETWEEN THE CITY OF ENGLEWOD, COLORADO, AND THE STATE OF COLORADO, STATE DEPART- MENT OF HIGHWAYS, DIVISION OF HIGHWAYS, PROVIDING FOR MAINTENANCE OF A PORTION OF SOUTH BROADWAY IN THE CITY OF ENGLEWOOD • • I • • ( • March 16, 1981 Page 9 • • COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 36 •, SERIES OF 1981, ON FIRST READING. Council Member Bilo seconded the motion. Council Member Higday asked for an explanation as to why maintenance crews asphalted a part of Broadway that extended beyond the city limits. City Manager McCown stated there was a small jog of road on Broadway that extended beyond the city limits and the City has agreed to maintain this portion to keep the road in balance. In response to Council Member Neal's question, City Manager McCown stated cost studies have been done and they show the contract fees adequately cover the costs of maintenance. 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. 37 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AMENDING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY FOR ADMINISTRATION OF THE HOME REHABILITATION PROGRAM AND DECLARING AN EMERGENCY. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 37, SERIES OF 1981, ON FIRST READING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick·, Keena, Bilo, Bradshaw, Otis. • I • 0 • March 16, 1981 Page 10 Nays : None. • • .. The Mayor declared the motion carried. RESOLUTION NO. 14 SERIES OF 1981 * * * * * * A RESOLUTION IN SYMPATHY WITH THE PEOPLE OF THE CITY OF ATLANTA, GEORGIA, WHO ARE SUFFERING THE LOSS OF TWENTY OF THEIR CHILDREN, AND SUPPORTING THEIR EFFORTS. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 14, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Council Member Higday stated he had had plans to ask for money to support the efforts in Atlanta until the federal government decided to spend money. Mr. Higday asked Council to keep his idea in mind if money becomes short and the tragedy continues. Mr. Higday stated this problem was not Atlanta's alone but every city's in the United States. 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 for information pur- poses the Stipulation of Dismissal and Order in the case of Parkinson vs the City Council. * * * * * * City Attorney DeWitt discussed the following items: 1. Concerning the report on the Bates-Logan Park, he would answer any questions Council might have. Mr. DeWitt stated the City has an easement for City Ditch purposes and to expand the use would be outside the original agreement. 2. In the case of Colorado Springs, the hearing that was set for March 9th on litigation regarding adult book stores • I • • ( • March 16, 1981 Page 11 • • .. has been continued to June 29th. Mr. DeWitt stated the case was very important because it was the same course in which Englewood would take in proposing an ordinance. Mr. DeWitt stated at the April 6th Council meeting, he would have a report concerning mas- sage parlors including a proposed ordinance. He stated that before June, he would have a proposed comprehensive ordinance dealing with the zoning question in this matter. 3. The assessment deferral program should be available at the April 20th Council meeting. 4. Work was being done on the decriminalization of ju- venile offenses, the target date being May 1. 5. The shoplifting ordinance might be available before May 1. 6. He was studying the problem of bankruptcies and how they related to library losses the City was experiencing. 7. He asked for further direction on gold and silver exchange from Council Member Bradshaw. Council Member Neal initiated discussion on the Bates- Logan Park matter. Mr. DeWitt stated the City had not abandoned the City Ditch in this area. Then discussion ensued regarding the Ditch. Council Member Neal instructed the staff to in- form the involved property owners of their responsibilities as well as the City's rights and responsibilities so there was some understanding before the fact that the City has certain rights to go into the Ditch, etc. Mr. DeWitt stated the City has rights ; and that it was the practical exercise of the rights that Mr. Neal was addressing. Mr. DeWitt stated a notice of some sort to the property owner would be appropriate. Mr. Neal suggested sending a registered letter to each property owner. Mr. Neal also instructed staff to contact, on an in- formal basis, the involved property owners and inquire if they would like to sell their property. * * * * * * • 0 I • • • March 16, 1981 Page 12 • • - City Manager McCown presented a Council Co mmun ication concerning a recommendation for award of construction of mun ici- pal golf course cart and pedestrian paths, and related fa cilities thereon. Mr. McCown stated the recommendation was to award the contract to Duran Excavating for the total bid including alter- nates in the amount of $89,308.20. Mr. McCown stated $108 ,000 .00 was budgeted for the project. Mr. McCown presented a map and dis- cussed the plans. COUNCIL MEMBER KEENA MOVED TO AWARD THE CONSTRUCTION OF THE GOLF COURSE CARTS AND PEDESTRIAN PATHS TO DURAN EXCAVAT- ING OF GREELEY IN THE AMOUNT OF $89,308.20. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal , Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown requested approval of an out-of-state trip for Director of Parks and Recreation, Packy Romans, who has been elected to the National Parks and Recreation Board of Trustees. The trip would be to a Board Meeting in Oklahoma City, Oklahoma, in the Spring. COUNCIL MEMBER NEAL MOVED TO APPROVE THE TRIP FOR MR. ROMANS TO OKLAHOMA CITY, TO ATTEND THE NATIONAL PARKS AND RECREA- TION TRUSTEES MEETING. 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 Manager McCown requested a meeting with Council following adjournment of this meeting for the purpose of review- ing certain items one of which was a personnel matter requiring a closed session. Council agreed. * * * * * * • I • • I • • • - March 16, 1981 Page 13 COUNCIL MEMBER KEENA MOVED TO SET A SPECIAL MEETING ON MARCH 30, 1981, FOLLOWING THE PUBLIC HEARING ON THAT DATE. Council Member Bilo seconded the motion. Upon a call of the roll, th~ 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 queried Council Bill No. 37, hav- ing to do with the Housing Authority. Ms. Keena stated the point system used for General Priorities was "very low income" at 3 and "low income" at 3. She was curious as to why these categories got the same points in terms of setting priorities. City Attorney DeWitt stated the points were accumu- lative. "Low income" would receive a 3 and "very low income" would receive 3 more. * * * * * * Council Member Bradshaw dedicated the new bookcases in the Council Chambers to Council Members Keena and Neal. * * * * * * Council Member Bradshaw told of the accident at Sinclair Jr. High School. Ms. Bradshaw stated the condition of the student was critical. Ms. Bradshaw asked about the appropriateness of Coun- cil doing something in regard to this matter. Council Member Keena suggested discussing the matter after the meeting. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at 9:00 p.m. ~~tfk&..) • I • • c • REGULAR MEETING: • • .. • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO March 16, 1981 /tiL The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on March 16, 1981, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Adrian House, First Christian Church, 3190 South Grant Street. The pledge of allegiance 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 Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF MARCH 9, 1981. 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. * * * * * * • D I • • 0 • March 16, 1981 Page 2 • • - COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE PRO- CLAMATION DECLARING THE WEEK OF MARCH 15 THROUGH MARCH 22, 1981, AS "DEK>LAY WEEK". 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. Nays: None. The Mayor declared the motion carried. Members of DeMolay appeared before Council for the presentation. Mayor Otis read the proclamation and presented it to Matt Buechner, Chairman of DeMolay Week. * * * * * * There were no other pre-scheduled visitors. * * * * * * Mayor Otis asked if there were other visitors in the audience wishing to speak to Council. Daniel Herbold, 4520 South Lipan, appeared before Council. Mr. Herbold inquired about the following: 1. If the fire station was going to be sold for under $20,000? Council answered it was not even though an offer had been made for that amount. City Manager McCown stated an appraisal of the station was being made. 2. Why was the fire truck that was to be renovated for the volunteer fire department still parked at the Servicenter? Council instructed the City Manager to investigate and report back to Council and Mr. Herbold. 3. Was it true that the Fire Chief had resigned? Council stated they had not received a letter of resigna-tion. • I • • ) ( • Mar ch 16 , 198 1 Page 3 • • • 4. What was the total price of the golf clubhouse going to be? Council replied it was unknown at this point. Council Member Neal suggested that Mr. Herbold contact the City Manager's office to review the architect's study and comments on the clubhouse. Mayor Otis stated when more information was available, it would be made public. 5. Has Council considered implementing a "head tax" to generaterevenue like the City of Denver? Council replied such an idea has been turned over to the Revenue Resource Committee whose purpose is to study and recommend ways to generate more revenue for the City. 6. Was Council committed to giving money to downtown businessmen? Council Member Neal stated the Downtown Development Au- thority collects 5 mills within the downtown area; the funds of which are committed to administering and study- ing ways to promote economic development within the down- town area. The City has invested seed money in the down- town area to get some projects started that are part of an overall plan to increase the tax base, to keep sales tax revenue strong, and to avoid raising the mill levy which ultimately would benefit everyone in Englewood. 7. If the 7-11 Store at Tufts and Broadway was going to get a liquor license? Mayor Otis stated the Liquor License Authority would be handling the application if the store has applied for one. The Authority would hold a public hearing, notice of which would be published in the newspaper and posted at the s i te. Mr. Herbold asked what had been done on the report he made about minors buying beer. Ms. Bradshaw stated the police department was directed to step-up surveillance of the area. Mr. Herbold stated he knew of an incidence where a student went into a 7-11 Store and bought beer. • I • • • March 16, 1981 Page 4 • • .. Council Member Higday advised Mr. Herbold to call the police immediately if this happens because there wa s obviously nothing the Council could do after the fact . Mr. Herbold stated the liquor problem at Englewood High School was getting worse. Council Member Higday stated the problem was on the rise but probably did not have awhole lot to do with 7-11 . The students were getting the liquor from somewh ere . Council Member Bilo asked that the matter be brought to the attention of Police Chief Holmes. Mr. Bilo stated he would also bring this matter to the attention of the Joint School-City Committee. 8. Why not put the golf clubhouse decision on the ballot at the upcoming Special Election? Council Member Higday stated the decision on the club- house was inherent to the vote on whether or not to have a golf course a few years ago. Since the results of the election favored a golf course, there had to be a clubhouse, the magnitude of which had yet to be de- termined. Mr. Herbold had no further questions. * * * * * * Jerry Montgomery, 4181 South Cherokee, appeared before Council. Mr. Montgomery stated he was a representative of the Englewood Student Council and was appearing to inform Council of what was being done about the drinking problem at the high school. Mr. Montgomery stated for the past three weeks the Student Coun- cil had run anti-drinking campaigns, and the school principal had held assemblies and imposed harsh penalties for violators. Mr. Montgomery reported the problem was under control at this time. Council thanked Mr. Montgomery for making the report. Council Member Higday suggested that a letter be sent to the School Board commending the Student Council and the school offi- cials for their efforts. * * * * * * There were no other visitors at this time. * * * * * * • 0 I • • • • Mar ch 16, 1 98 1 Page S • • • "Co11111llnications -No Action Reco1110ended" on the agenda were : (a) (b) (c) Minutes of the Board of Adjustment and Ap- peals meeting of February 11, 1981. Minutes of the Planning and Zoning CoiiiDission meeting of February 17, 1981. Memorandum from the City Manager concerning his attendance at the National League of Cities Conference in Washington, D.C. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED". 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 Attorney DeWitt discussed a Council CoiiiDUnication from the City Clerk concerning a Massage Parlor Application for Soon Ye Scott, 2801 South Broadway. Mr. DeWitt stated the pro- cedure in this matter would be to: 1) establish a neighborhood for petitioning; 2) determine the firm to do the survey; and 3) set a public hearing date. Mr. DeWitt stated staff members were recommending the neighborhood be established at a six block radius, the firm chosen to do the survey be Oedipus, Inc. , and the public hearing date be set six to eight weeks from this date. Tommy Drinkwine, attorney for the applicant, appeared before Council. Mr. Drinkwine was agreeable to the terms with the exception of setting the public hearing date six to eight weeks in the future. Mr. Drinkwine later agreed to the time period after it was explained to him that it would take that long to conduct the survey and tally the results. COUNCIL MEMBER KEENA MOVED TO SET THE NEIGHBORHOOD AT A SIX BLOCK RADIUS; TO USE OEDIPUS, INC. AS THE SURVEY FIRM; AND TO SET THE PUBLIC HEARING FOR MAY 11, 1981, AT 7:00 P.M. FOR THE MASSAGE PARLOR APPLICATION. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as follows: • I • • 0 • • March 16, 1981 Page 6 Ayes : Nays: • • • Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Neal stated he had no objections to using Oedipus, Inc., as long as the survey was not taken on a Sunday. * * * * * * City Attorney DeWitt presented a Council Commun ica tion from the Library Advisory Board concerning Board Members' terms of office. Mr. DeWitt noted 8-1-1 of the Englewood Municipal Code provided staggering terms, two of which to expire in any one year. Library Board Member, Bruce Hogue, 3844 South Grant, appeared before Council. Mr. Hogue stated he had researched the matter and as far as he could determine the imbalance of term appointments took place a year ago. Mr. Hogue recommended that board minutes reflect the outgoing and incoming members and their terms, and that his term be shortened to remedy the inequity that now exists. Mayor Otis recommended that the City Manager and City Attorney research the minutes and report back to Council their findings. COUNCIL MEMBER BILO MOVED TO TABLE THE MATTER UNTIL MORE INFORMATION WAS OBTAINED. 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 a Council Communication from the Planning and Zoning Commission meeting of March 3, 1981 •, concerning the Bicycle Trail System • • I • • • • Ma r ch 16 , 198 1 Pag e 7 • • • Ed McBrayer, Jr., 2893 South Ogden, Vice Chairperson of the Planning and Zoning Commission , appeared before Council. Mr. McBrayer discussed with Council the proposed system1 and the costs to implement it and to educate the public. COUNCIL MEMBER HIGDAY MOVED TO BRING FORWARD AGENDA ITEM 7(c), THE RESOLUTION CONCERNING AN ON-STREET BICYCLE TRAIL SYSTEM. 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. 13 SERIES OF 1981 A RESOLUTION ADOPTING AN ON-STREET BICYCLE TRAIL SYSTEM FOR THE CITY OF ENGLEWOOD. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 13 ', 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. Mr. Herbold stood up in the audience and asked for per- miss i on to ask a question concerning the bicycle trail system. COUNCIL MEMBER BRADSHAW MOVED TO SUSPEND THE RULES. Counc i l Member Higday seconded the motion. Upon a call of the roll , the vote resulted as follows : Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. Council Member Keena. The Mayor declared the motion carried. Council Member Keena stated she voted nay because the above motion to suspend the rules would be setting a precedent for someone to speak outside the designated times • • I • • • March 16, 1981 Page 8 • • - Mr . Her b o l d asked if th e bicycle trail system would r e duc e the number of parking spaces? Coun cil s tated i t wou l d no t . * * * * * * Mayor Otis presented a Counc i l Communication from the Planning and Zoning Commission providing further information for the National American Planning Association Conference in Boston on April 25 -29, 1981. The information was provided at the request of Council Member Higday. The Commission was ask- ing for additional funds to send another comm i ssioner with Mr. Tanguma to the conference. Council Member Higday stated he had asked to see the conference agenda but what he really wanted was to see the neces- sity of sending two commissioners. Mr. Higday stated from the agenda he could not tell if two were necessary. Council Member Fitzpatrick stated sending two Planning and Zoning Commissioners to a conference would be setting a pre- cedent for other City Boards and Commissions. COUNCIL MEMBER BILO MOVED TO APPROVE AN ADDITIONAL PLANNING COMMISSIONER TO ATTEND THE AMERICAN PLANNING ASSOCIA- TION CONFERENCE IN BOSTON, MASSACHUSETS, ON APRIL 25 -29, 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: None. Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. The Mayor declared the motion defeated. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING A MAINTENANCE CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE STATE OF COLORADO, STATE DEPART- MENT OF HIGHWAYS, DIVISION OF HIGHWAYS, PROVIDING FOR MAINTENANCE ) OF A PORTION OF SOUTH BROADWAY IN THE CITY OF ENGLEWOOD • • I • • ( • March 16, 1981 Page 9 • • - COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 36 1, SERIES OF 1981, ON FIRST READING. Council Member Bilo seconded the motion. Council Member Higday asked for an explanation as to why maintenance crews asphalted a part of Broadway that extended beyond the city limits. City Manager McCown stated there was a small jog of road on Broadway that extended beyond the city limits and the City has agreed to maintain this portion to keep the road in balance. In response to Council Member Neal's question, City Manager McCown stated cost studies have been done and they show the contract fees adequately cover the costs of maintenance. 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. 37 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AMENDING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY FOR ADMINISTRATION OF THE HOME REHABILITATION PROGRAM AND DECLARING AN EMERGENCY. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 37, SERIES OF 1981, ON FIRST READING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick', Keena, Bilo, Bradshaw, Otis. • I • • ( 0 t • March 16, 1981 Page 10 Nays: None. • • .. The Mayor declared the motion carried. RESOLUTION NO. 14 SERIES OF 1981 * * * * * * A RESOLUTION IN SYMPATHY WITH THE PEOPLE OF THE CITY OF ATLANTA, GEORGIA, WHO ARE SUFFERING THE LOSS OF TWENTY OF THEIR CHILDREN, AND SUPPORTING THEIR EFFORTS. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 14, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Council Member Higday stated he had had plans to ask for money to support the efforts in Atlanta until the federal government decided to spend money. Mr. Higday asked Council to keep his idea in mind if money becomes short and the tragedy continues. Mr. Higday stated this problem was not Atlanta's alone but every city's in the United States. 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 for information pur- poses the Stipulation of Dismissal and Order in the case of Parkinson vs the City Council. * * * * * * City Attorney DeWitt discussed the following items: 1. Concerning the report on the Bates-Logan Park, he would answer any questions Council might have. Mr. DeWitt stated the City has an easement for City Ditch purposes and to expand the use would be outside the original agreement. 2. In the case of Colorado Springs, the hearing that was set for March 9th on litigation regarding adult book stores • 0 I • • n ' • March 16 , 198 1 Page 11 • • .. has been continued to June 29th. Mr. DeWitt stated the case was very important because it was the same course in which Englewood would take in proposing an ordinance. Hr. DeWitt stated at the April 6th Council meeting, he would have a report concerning mas- sage parlors including a proposed ordinance. He stated that before June, he would have a proposed comprehensive ordinance dealing with the zoning question in this matter. 3. The assessment deferral program should be available at the April 20th Council meeting. 4. Work was being done on the decriminalization of ju- venile offenses, the target date being May 1. May 1. 5. The shoplifting ordinance might be available before 6. He was studying the problem of bankruptcies and how they related to library losses the City was experiencing. 7. He asked for further direction on gold and silver exchange from Council Member Bradshaw. Council Member Neal initiated discussion on the Bates- Logan Park matter. Mr. DeWitt stated the City had not abandoned the City Ditch in this area. Then discussion ensued regarding the Ditch. Council Member Neal instructed the staff to in- form the involved property owners of their responsibilities as well as the City's rights and responsibilities so there was some understanding before the fact that the City has certain rights to go into the Ditch, etc. Mr. DeWitt stated the City has rights; and that it was the practical exercise of the rights that Mr. Neal was addressing. Mr. DeWitt stated a notice of some sort to the property owner would be appropriate. Mr. Neal suggested sending a registered letter to each property owner. Mr. Neal also instructed staff to contact, on an in- formal basis , the involved property owners and inquire if they would like to sell their property. * * * * * * • I • • • March 16, 1981 Page 12 • • - City Manager McCown presented a Council Communication concerning a recommendation for award of construction of munici- pal golf course cart and pedestrian paths, and related fa c ilities thereon. Mr. McCown stated the recommendation was to award the contract to Duran Excavating for the total bid including alt er- nates in the amount of $89,308.20. Mr. McCown stated $108,000.0 0 was budgeted for the project. Mr. McCown presented a map a nd dis- cussed the plans. COUNCIL MEMBER KEENA MOVED TO AWARD THE CONSTRUCTION OF THE GOLF COURSE CARTS AND PEDESTRIAN PATHS TO DURAN EXCAVAT- ING OF GREELEY IN THE AMOUNT OF $89,308.20. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown requested approval of an out-of-state trip for Director of Parks and Recreation, Packy Romans, who has been elected to the National Parks and Recreation Board of Trustees. The trip would be to a Board Meeting in Oklahoma City, Oklahoma, in the Spring. COUNCIL MEMBER NEAL KlVED TO APPROVE THE TRIP FOR MR. ROMANS TO OKLAHOMA CITY, TO ATTEND THE NATIONAL PARKS AND RECREA- TION TRUSTEES MEETING. 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 Manager McCown requested a meeting with Council following adjournment of this meeting for the purpose of review- ing certain items one of which was a personnel matter requiring a closed session. Council agreed. * * * * * * • D I • • • • • • • March 16, 1981 Page 13 COUNCIL MEMBER KEENA MOVED TO SET A SPECIAL MEETING ON MARCH 30, 1981, FOLLOWING THE PUBLIC HEARING ON THAT DATE. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Council Member Keena queried Council Bill No. 37, hav- ing to do with the Housing Authority. Ms. Keena stated the point system used for General Priorities was "very low income" at 3 and "low income" at 3. She was curious as to why these categories got the same points in terms of setting priorities. City Attorney DeWitt stated the points were accumu- lative. "Low income" would receive a 3 and "very low income" would receive 3 more. * * * * * * Council Member Bradshaw dedicated the new bookcases in the Council Chambers to Council Members Keena and Neal. * * * * * * Council Member Bradshaw told of the accident at Sinclair Jr. High School. Ms. Bradshaw stated the condition of the student was critical. Ms. Bradshaw asked about the appropriateness of Coun- cil doing something in regard to this matter. Council Member Keena suggested discussing the matter after the meeting. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at 9:00 p.m. ~&4.W:-kL;.., • I • • ( • REGULAR MEETING: • • - COU NC I L CHAMBER CITY OF ENGL WOO D, COLO RADO March 16 , 1981 /tiL Th e City Council of t he City of Englewood, Arapahoe County, Color ado , met in regular session on March 16, 1981, at 7 :30 p.m. Mayor Otis , presiding, c alled th e meeting to order . The invocation was given by Reverend Adrian House, Fir st Christian Church, 3190 South Grant Street. The pledge of allegianc e was led by Boy Scout 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 Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF MARCH 9, 1981. 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. * * * * * * • D I • • • March 16 , 1981 Page 2 • • - COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE PRO- CLAMATION DECLARING THE WEEK OF MARCH 15 THROUGH MARCH 22, 1981 , AS "DEK>LAY WEEK". Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote result~d as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Members of DeHolay appeared before Council for the presentation. Mayor Otis read the proclamation and presented it to Matt Buechner, Chairman of DeHolay Week. * * * * * * There were no other pre-scheduled visitors. * * * * * * Mayor Otis asked if there were other visitors in the audience wishing to speak to Council. Daniel Herbold, 4520 South Lipan, appeared before Council. Hr. Herbold inquired about the following: 1. If the fire station was going to be sold for under $20,000? Council answered it was not even though an offer had been made for that amount. City Manager McCown stated an appraisal of the station was being made. 2. Why was the fire truck that was to be renovated for the volunteer fire department still parked at the Servicenter? Council instructed the City Manager to investigate and report back to Council a n d Mr. Herbold. 3. Was it true that the Fire Chief had resigned? Council stated they had no t received a letter of resigna-tion. • I • • ) ' • March 16, 19 8 1 Page 3 • • 4. What was t he total price of th e golf clubh ouse going to be? Council replied it was unknown at this point. Council Member. Neal suggested that Mr. Herbold contact the City Manager 's of fice to revi ew the architect's study and c omm en ts on the clubhouse. Mayor Otis stated when more information was available , it would be made publ i c. S. Has Council considered i mplementing a "head tax" to generaterevenue like the City of Denver? Council repl ied such an idea has been turned over to the Revenue Resource Committee whose purpose is to study and recommend ways to generate more revenue for the City. 6. Was Council committed to giving money to downtown businessmen? Council Member Neal stated the Downtown Development Au- thority collects 5 mills within the downtown area; the 0 funds of which are committed to administering and study- ing ways to promote economic development within the down- town area. The City has invested seed money in the down- town area to get some projects started that are part of an overall plan to increase the tax base, to keep sales tax revenue strong, and to avoid raising the mill levy which ultimately would benefit everyone in Englewood. 7. If the 7-11 Store at Tufts and Broadway was going to get a liquor license? Mayor Otis stated the Liquor License Authority would be handling the application if the store has applied for one. The Authority would hold a public hearing, notice of which would be published in the newspaper and posted at the site. Mr. Herbold asked what had been done on the report he made about minors buying beer. Ms. Bradshaw stated the police department was directed to step-up surveillance of the area. Mr. Herbold stated he knew of an incidence where a student went into a 7-11 Store and bought beer. • I • • • March 16, 1981 Page 4 • • .. Council Member Higday advised Mr. Herbold to call the police immediately if this happens because there was obviously nothing the Council could do after the fact. Mr. Herbold stated the liquor problem at Englewo od High School was getting worse. Council Member Higday stated the problem was on the rise but probably did not have awhole lot t o do with 7-11. The students were getting the liquor from s omewhere. Council Member Bilo asked that the matter be brought to the attention of Police Chief Holmes. Mr. Bilo stated he would also bring this matter to the attention of the Joint School-City Committee. 8. Why not put the golf clubhouse decision on the ballot at the upcoming Special Election? Council Member Higday stated the decision on th e clu b- house was inherent to the vote on whether or no t to have a golf course a few years ago. Since the results of the election favored a golf course, there had to be a clubhouse, the magnitude of which had yet to be de- termined. Mr. Herbold had no further questions. * * * * * * Jerry Montgomery, 4181 South Cherokee, appeared before Council. Mr. Montgomery stated he was a representative of the Englewood Student Council and was appearing to inform Council of what was being done about the drinking problem at the high school. Mr. Montgomery stated for the past three weeks the Student Coun- cil had run anti-drinking campaigns, and the school principal had held assemblies and imposed harsh penalties for violators. Mr. Montgomery reported the problem was under control at this time. Council thanked Mr. Montgomery for making the r e port. Council Member Higday suggested that a letter be sent to the School Board commending the Student Council and the school offi- cials for their efforts. * * * * * * There were no other visitors a t this time. * * * * * * • D I • • • c • March 16, 19 8 1 Pa ge 5 • • - "Co umun ica tions -No Act ion Re c oum ended" on t he agenda we r e : (a) (b) (c ) Mi nutes of th e Bo a r d of Adj u stment and Ap- pea l s meeting o f February 11, 1981 . Minute s of th e Plann ing and Zoning Co mm ission mee t ing of February 17, 1981 . Me mo randum fr om t he Ci ty Manager c on c e rning his attendance at the National League of Ci t i es Conference in Washington, D.C. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED". 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 Attorney DeWitt discussed a Council Communication from the City Clerk concerning a Massage Parlor Application for Soon Ye Scott, 2801 South Broadway. Mr. DeWitt stated the pro- cedure in this matter would be to: 1) establish a neighborhood for petitioning; 2) determine the firm to do the survey; and 3) set a public hearing date. Mr. DeWitt stated staff members were recommending the neighborhood be established at a six block radius, the firm chosen to do the survey be Oedipus, Inc. , and the public hearing date be set six to eight weeks from this date. Tommy Drinkwine, attorney for the applicant, appeared before Council. Mr. Drinkwine was agreeable to the terms with the exception of setting the public hearing date six to eight weeks in the future. Mr. Drinkwine later agreed to the time period after it was explained to him that it would take that long to conduct the survey and tally the results. COUNCIL MEMBER KEENA MOVED TO SET THE NEIGHBORHOOD AT A SIX BLOCK RADIUS; TO USE OEDIPUS, INC. AS THE SURVEY FIRM; AND TO SET THE PUBLIC HEARING FOR MAY 11, 1981, AT 7:00 P.M. FOR THE MASSAGE PARLOR APPLICATION. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as follows: • I • • 0 • 0 • March 16, 1981 Page 6 Ayes : Nays : • • .. Council Members Higday, Nea l, Fitzpa trick, Keena, Bilo, Bradshaw, Ot i s. None. The Mayor declared the motion carried . Council Member Neal stated he had no objections to using Oedipus, Inc., as long as the survey was not taken on a Sunday. * * * * * * City Attorney DeWitt presented a Council Communication from the Library Advisory Board concerning Board Members' terms of office. Mr. DeWitt noted 8-1-1 of the Englewood Municipal Code provided staggering terms, two of which to expire in any one year. Library Board Member, Bruce Hogue, 3844 South Grant, appeared before Council. Mr. Hogue stated he had researched the matter and as far as he could determine the imbalance of term appointments took place a year ago. Mr. Hogue recommended that board minutes reflect the outgoing and incoming members and their terms, and that his term be shortened to remedy the inequity that now exists. Mayor Otis recommended that the City Manager and City Attorney research the minutes and report back to Council their findings. COUNCIL MEMBER BILO MOVED TO TABLE THE MATTER UNTIL MORE INFORMATION WAS OBTAINED. 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 ion carried. * * * * * * City Manager McCown presented a Council Communication from the Planning and Zoning Commission meeting of March 3, 1981 , concerning the Bicycle Trail System • • I • • • • March 16, 1981 Page 7 • • - Ed McBrayer, J r., 2893 South Ogden, Vice Chair per son of the Planning and Zoning Commi ssion, appeared before Council. Mr . McBrayer discussed with Counci l the propos ed sys tem,and the costs to implement it and to educate the public. COUNCI L MEMB ER HIGDAY MO VED TO BRING FORWARD AGENDA ITEM 7(c), THE RESOLUTION CONCERNING AN ON-STREET BICYCLE TRAIL SYSTEM. Council Member Keena seconded the motion. Upon a call of the roll, the vote resul ted as follows : Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo , Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 13 SERIES OF 1981 A RESOLUTION ADOPTING AN ON-STREET BICYCLE TRAIL SYSTEM FOR THE CITY OF ENGLEWOOD. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 13 1, 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. Mr. Herbold stood up in the audience and asked for per- mission to ask a question concerning the bicycle trail system. COUNCIL MEMBER BRADSHAW MOVED TO SUSPEND THE RULES. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. Council Member Keena. The Mayor declared the motion carried. Council Member Keena stated she voted nay because the above motion to suspend the rules would be setting a precedent for someone to speak outside the designated times • • I • • • Mar ch 16, 198 1 Page 8 • • • Hr. Herbold asked if the bicycle trail system wo u ld reduce the number of parking spaces? Council stated it would not. * * * * * * Mayor Otis presented a Council Communication from the Planning and Zoning Commission providing further information for the National American Planning Association Conference in Boston on April 25 -29, 1981. The information was provided at the request of Council Member Higday. The Commission was ask- ing for additional funds to send another commissioner with Hr. Tanguma to the conference. Council Member Higday stated he had asked to see the conference agenda but what he really wanted was to see the neces- sity of sending two commissioners. Hr. Higday stated from the agenda he could not tell if two were necessary. Council Member Fitzpatrick stated sending two Planning and Zoning Commissioners to a conference would be setting a pre- cedent for other City Boards and Commissions. COUNCIL MEMBER BILO K>VED TO APPROVE AN ADDITIONAL PLANNING COHHISSIONER TO ATTEND THE AMERICAN PLANNING ASSOCIA- TION CONFERENCE IN BOSTON, HASSACHUSETS, ON APRIL 25 -29, 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: None. Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. The Mayor declared the motion defeated. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO . 36 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING A MAINTENANCE CONTRACT BETWEEN THE CITY OF ENGLEWOD, COLORADO, AND THE STATE OF COLORADO, STATE DEPART- MENT OF HIGHWAYS , DIVISION OF HIGHWAYS, PROVIDING FOR MAINTENANCE . OF A PORTION OF SOUTH BROADWAY I N THE CITY OF ENG LEWOOD • • I • 0 • • March 16, 198 1 Page 9 • • • COUNCIL MEMB ER KEJ:NA MOVED TO PASS COUNCIL BILL NO. 36 t, SERIES OF 1 981, ON FIRS T READING. Council Memb er Bilo seconde d he motion. Co uncil Memb er Higday asked f or a n explana tion as to why maintenance crews sphal ted a pa rt of Broadway that extended beyond the city limit s . City Manager McCown stated there was a small jog of road on Broadway that ex t ended beyond the city limits and the City has agreed to maintain this portion to keep the road in balan ce. In response t o Counci l Member Neal's question, City Manager McCown stated cost studies have been done and they show the contract fees adequat ely cover the costs of maintenance. 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. 37 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORD I NANCE AMENDING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY FOR ADMINISTRATION OF THE HOME REHABI LITATI ON PROGRAM AND DECLARING AN EMERGENCY. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 37, SERIES OF 1981, ON FIRST READING. 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 • • • March 16, 1981 Page 10 Nays : None. • • - The Mayor declared the motion carried. RESOLUTION NO. 14 SERIES OF 1981 * * * * * * A RESOLUTION IN SYMPATHY WITH THE PEOPLE OF THE CITY OF ATLANTA, GEORGIA, WHO ARE SUFFERING THE LOSS OF TWENTY OF THEIR CHILDREN ', AND SUPPORTING THEIR EFFORTS. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 14 , SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Council Member Higday stated he had had plans to ask for money to support the efforts in Atlanta until the federal government decided to spend money. Mr. Higday asked Council to keep his idea in mind if money becomes short and the tragedy continues. Mr. Higday stated this problem was not Atlanta's alone but every city's in the United States. 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 DeW itt transmitted for information pur- poses t he Stipulation of Dismissal and Order in the case of Parkinson vs the City Council. * * * * * * City Attorney DeWitt d i scussed the following items: 1. Co ncerning the report on the Bates-Logan Park, he would answer any questions Council might have. Mr. DeWitt stated the City has an easement for City Di tch pur pos es and to expand the use would be outside the original agreement. 2. In the case of Colorado Springs , the hearing that was set for March 9th on litigation regarding adult book stores • , I • • ) c • March 16, 1981 Pa ge 11 • • ha s been con tinued to J une 29th. Mr . DeWi t t stat ed the case was very i mportant because it was the same cour se in w ich Englewood would take in p r opos ing a n ordinance . Mr. DeW i t t sta ted at the April 6th Co u n cil me eting, h e would h ave a report concerning mas- sage parlors including a proposed ordinance. He stated that before Jun e, he wou ld have a proposed c o mpr e h ensive ordinance dealing with the zoning q ues tion i n th is ma t ter. 3. The assessment de f e r ra l p rogram should be ava ilab l e at the April 20th Council meeting . 4. Work was being don e on th e decrimi nalizat i on of j u - venile offenses, the target date be i n g May 1. May 1. 5. The shoplifting ord i nan ce migh t be avai l ab l e before 6. He was studying the problem o f bank r u ptci e s and how they related to library losses the City was experiencing. 7. He asked for further direction on gold and silver exchange from Council Member Bradshaw. Council Member Neal initiated discussion on the Bates- Logan Park matter. Mr. DeWitt stated the City had not abandoned the City Ditch in this area. Then discussion ensued regarding the Ditch. Council Member Neal instructed the staff to in- form the involved property owners of their responsibilities as well as the City's rights and responsibilities so there was some understanding before the fact that the City has certain rights to go into the Ditch, etc. Mr . DeWi t t stated the City has rights; and that it was the practical exercise of the rights that Mr. Neal was address i ng. Mr. DeWitt stated a notice of some sort to the proper ty owner would be approp riate . Mr. Neal s u ggested s ending a registered letter to each prop e r t y owner. Mr. Ne al also i nstruc t ed staff to contact, on an in- formal basis, the invol v ed property owners and inquire if they would l i ke to sell their property. * * * * * * • • I • • • March 16, 1981 Page 12 • • • City Manager McCown presented a Council Commun ication concerning a recommendation for award of construction of muni ci- pal golf course cart and pedestrian paths, and related facilities thereon. Mr. McCown stated the recommendat i on was to award the contract to Duran Excavating for the total bid including alter- nates in the amount of $89,308.20. Mr. McCown stated $108,000.00 was budgeted for the project. Mr. McCown presented a map and dis-cussed the plans. COUNCIL MEMBER KEENA MOVED TO AWARD THE CONSTRUCTION OF THE GOLF COURSE CARTS AND PEDESTRIAN PATHS TO DURAN EXCAVAT- ING OF GREELEY IN THE AMOUNT OF $89,308.20. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick', Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown requested approval of an out-of-state trip for Director of Parks and Recreation, Packy Romans, who has been elected to the National Parks and Recreation Board of Trustees. The trip would be to a Board Meeting in Oklahoma City, Oklahoma, in the Spring. COUNCIL MEMBER NEAL KIVED TO APPROVE THE TRIP FOR MR. ROMANs TO OKLAHOMA CITY, TO ATTEND THE NATIONAL PARKS AND RECR EA- TION TRUSTEES MEETING. 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. * * * * * * City Manager McCown requested a meeting with Council following adjournment of this meeting for the purpose of review- ing certain items one of which was a personnel matter requiring a closed session. Council agreed. * * * * * * • I • • ) D • • • • • March 16, 1981 Page 13 COUNCIL MEMBER KEENA MOVED TO SET A SPECIAL MEE TING ON MARCH 30, 1981, FOLLOWING THE PUBLIC HEARING ON THAT DAT E. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpat rick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Council Member Keena queried Council Bill No. 37, hav- ing to do with the Housing Authority. Ms. Keena stated the point system used for General Priorities was "very low income" at 3 and "low income" at 3. She was curious as to why these categories got the same points in terms of setting priorities. City Attorney ·DeWitt stated the points were accumu- lative. "Low income" would receive a 3 and "very low income" would receive 3 more. * * * * * * Council Member Bradshaw dedicated the new bookcases in the Council Chambers to Council Members Keena and Neal. * * * * * * Council Member Bradshaw told of the accident at Sinclair Jr. High School. Ms. Bradshaw stated the condition of the student was critical. Ms. Bradshaw asked about the appropriateness of Coun- cil doing something in regard to this matter. Council Member Keena suggested discussing the matter after the meeting. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY KlVED TO ADJOURN THE MEETING. 9 :00 p.m. Mayor Otis adjourned the meeting without a vote at j4~.~~41 • I • • n • I • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO March 16, 1981 ftL The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on March 16, 1981, at 7 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Adrian House, First Christian Church, 3190 South Grant Street. The pledge of allegiance 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 Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF MARCH 9, 1981. 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. * * * * * * • 0 I • • • March 16 , 1 98 1 Page 2 • • - COUNCI L MEMB ER FITZPATRI CK MOV ED TO AC CE PT THE PRO- CLAMATION DECLARING TH E WEEK OF MARCH 15 THROUGH MARCH 22, 198 1 , AS "DEK>LAY WEEK". Council Member Bradshaw sec onded the motion. Upon a call of the rol l , the vo t e resu l ted as fo llows : Ayes : Nays : Council Members Hi gday, Neal, Fi tzpatr i ck, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Members of DeMolay appeared before Council for the presentation. Mayor Otis read the proclamation and presented it to Matt Buechner, Chairman of DeMolay Week. * * * * * * There were no other pre-scheduled visitors. * * * * * * Mayor Otis asked if there were other visitors in the audience wishing to speak to Council. Daniel Herbold, 4520 South Lipan, appeared before Council. Mr. Herbold inquired about the following: 1. If the fire station was going to be sold for under $20,000? Council answered it was not even though an offer had been made for that amount. City Manager McCown stated an appraisal of the station was being made. 2. Why was the fire truck that was to be renovated for the volunteer fire department still parked at the Servicenter? Council instructed the City Manager to investigate and report back to Council and Mr. Herbold. 3. Was it true that the Fire Chief had resigned? Council stated they had not received a letter of resigna-tion. • 0 I • • ) • • • • Ma rch 16, 198 1 P age 3 • • - 4. What was the total price of the golf clubhouse going to be? · Council replied it was unknown at this point. Council Member Neal suggested that Hr. Herbold contact the City Manager's office to review the architect's study and comments on the clubhouse. Mayor Otis stated when more information was available, it would be made public. 5. Has Council considered implementing a "head tax" to generaterevenue like the City of Denver? Council replied such an idea has been turned over to the Revenue Resource Committee whose purpose is to study and recommend ways to generate more revenue for the City. 6. Was Council committed to giving money to downtown businessmen? Council Member Neal stated the Downtown Development Au- thority collects 5 mills within the downtown area; the funds of which are committed to administering and study- ing ways to promote economic development within the down- town area. The City has invested seed money in the down- town area to get some projects started that are part of an overall plan to increase the tax base, to keep sales tax revenue strong, and to avoid raising the mill levy which ultimately would benefit everyone in Englewood. 7. If the 7-11 Store at Tufts and Broadway was going to get a liquor license? Mayor Ot i s stated the Liquor License Authority would be handling the application if the store has applied for one. The Authority would hold a public hearing, notice of which would be published in the newspaper and posted at the s i te . Hr. Herbold asked what had been done on the report he made about minors buying beer. Ms. Bradshaw stated the police department was directed to step-up surveillance of the area. Mr. Herbold stated he knew of an incidence where a student went into a 7-11 Store and bought beer • • I • • • March 16, 1981 Page 4 • .. Council Member Higday advised Mr. Herbold to call the police immediately if this happens because there was obviously nothing the Council could do after the fact . Mr. Herbold stated the liquor problem at Englewood High School was getting worse. Council Member Higday stated the problem was on the rise but probably did not have awhole lot to do with 7-ll. The students were getting the liquor from somewhere. Council Member Bilo asked that the matter be brought to the attention of Police Chief Holmes. Mr. Bilo stated he would also bring this matter to the attention of the Joint School-City Committee. 8. Why not put the golf clubhouse decision on the ballot at the upcoming Special Election? Council Member Higday stated the decision on the club- house was inherent to the vote on whether or not to have a golf course a few years ago. Since the results of the election favored a golf course, there had to be a clubhouse, the magnitude of which had yet to be de- termined. Mr. Herbold had no further questions. * * * * * * Jerry Montgomery, 4181 South Cherokee, appeared before Council. Mr. Montgomery stated he was a representative of the Englewood Student Council and was appearing to inform Council of what was being done about the drinking problem at the high school. Mr. Montgomery stated for the past three weeks the Student Coun- cil had run anti-drinking campaigns, and the school principal had held assemblies and imposed harsh penalties for violators. Mr. Montgomery reported the problem was under control at this time. Council thanked Mr. Montgomery for making the report. Council Member Higday suggested that a letter be sent to the School Board commending the Student Council and the school offi- cials for their efforts. * * * * * * There were no other visitors at this time. * * * * * * • I • • • ( • March 16, 198 1 Page 5 • • - were : "Coumunications -No Action Reco11111ended" on the agenda (a) (b) (c) Minutes of the Board of Adjustment and Ap- peals meeting of February 11, 1981. Minutes of the Planning and Zoning Colllllission meeting of February 17, 1981. Memorandum from the City Manager concerning his attendance at the National League of Cities Conference in Washington, D.C. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED". 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 Attorney DeWitt discussed a Council CoiiiiiUnication from the City Clerk concerning a Massage Parlor Application for Soon Ye Scott, 2801 South Broadway. Mr. DeWitt stated the pro- cedure in this matter would be to: 1) establish a neighborhood for petitioning; 2) determine the firm to do the survey; and 3) set a public hearing date. Mr. DeWitt stated staff members were recommending the neighborhood be established at a six block radius, the firm chosen to do the survey be Oedipus, Inc. , and the publ i c hearing date be set six to eight weeks from this date. Tommy Dr inkwine, attorney for the applicant, appeared before Counc il . Mr. Drinkwine was agreeable to the terms with the exception of setting the public hearing date six to eight weeks in the future. Mr. Drinkwine later agreed to the time period after it was explained to him that it would take that long to conduct the survey and tally the results. COUNCIL MEMBER KEENA MOVED TO SET THE NEIGHBORHOOD AT A SIX BLOCK RADIUS; TO USE OEDIPUS, INC. AS THE SURVEY FIRM; AND TO SET THE PUBLIC HEARING FOR MAY 11, 1981, AT 7:00 P.M. FOR THE MASSAGE PARLOR APPLICATION. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as follows: • I • • • Mar ch 16, 198 1 Page 6 Ayes : Nays : • • - Council Members Higday , Neal, Fi t zpatrick, Keena, Bilo, Bradsh a w, Otis . None. The Mayor declared the mot i on car ried . Council Member Neal stated he had no objec tions to u sing Oedipus, Inc., as long as the survey was no t t aken on a Sunday. * * * * * * City Attorney DeWitt presented a Council Commun i cat i on from the Library Advisory Board concerning Board Members' terms of office. Mr. DeWitt noted 8-1-1 of the Englewood Municipal Code provided staggering terms, two of which to expire in any one year. Library Board Member, Bruce Hogue, 3844 South Grant, appeared before Council. Mr. Hogue stated he had researched the matter and as far as he could determine the imbalance of term appointments took place a year ago. Mr. Hogue recommended that board minutes reflect the outgoing and incoming members and their terms, and that his term be shortened to remedy the inequity that now exists. Mayor Otis recommended that the City Manager and City Attorney research the minutes and report back to Council their findings. COUNCIL MEMBER BILO K>VED TO TABLE THE MATTER UNTIL MORE INFORMATION WAS OBTAINED. 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 a Council Communication from the Planning and Zoning Commission meeting of March 3, 1981 ', concerning the Bicycle Trail System • • 0 I • • ( • March 16, 1981 P a ge 7 • - Ed McBrayer, Jr., 2893 South Ogden, Vice Chairperson of the P lanning and Zon i ng Commission, appeared before Council. Mr. McBrayer discussed with Council the proposed system,and the costs to implement i t and to educate the public. COUNCIL MEMBER HIGDAY MOVED TO BRING FORWARD AGENDA ITEM 7(c), THE RESOLUTION CONCERNING AN ON-STREET BICYCLE TRAIL SYSTEM. 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. 13 SERIES OF 1981 A RESOLUTION ADOPTING AN ON-STREET BICYCLE TRAIL SYSTEM FOR THE CITY OF ENGLEWOOD. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 13 1, 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. Mr. Herbold stood up in the audience and asked for per- mission to ask a question concerning the bicycle trail system. COUNCIL MEMBER BRADSHAW MOVED TO SUSPEND THE RULES. Council Member Higday seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. Council Member Keena. The Mayor declared the motion carried. Council Member Keena stated she voted nay because the above motion to suspend the rules would be setting a precedent for someone to speak outside the designated times • • I • • • March 16, 1981 Page 8 • • - Mr. Herbold asked if the bicycle trail system would reduce the number of parking spaces? Council stated it would not. * * * * * * Mayor Otis presented a Council Communication from the Planning and Zoning Commission providing further information for the National American Planning Association Conference in Boston on April 25 -29, 1981. The information was provided at the request of Council Member Higday. The Commission was ask- ing for additional funds to send another commissioner with Mr. Tanguma to the conference. Council Member Higday stated he had asked to see the conference agenda but what he really wanted was to see the neces- sity of sending two commissioners. Mr. Higday stated from the agenda he could not tell if two were necessary. Council Member Fitzpatrick stated sending two Planning and Zoning Commissioners to a conference would be setting a pre- cedent for other City Boards and Commissions. COUNCIL MEMBER BILO MOVED TO APPROVE AN ADDITIONAL PLANNING COMMISSIONER TO ATTEND THE AMERICAN PLANNING ASSOCIA- TION CONFERENCE IN BOSTON, MASSACHUSETS, ON APRIL 25 -29, 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: None. Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. The Mayor declared the motion defeated. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING A MAINTENANCE CONTRACT BETWEEN THE CITY OF ENGLEWOD, COLORADO, AND THE STATE OF COLORADO, STATE DEPART-) MENT OF HIGHWAYS, DIVISION OF HIGHWAYS, PROVIDING FOR MAINTENANCE OF A PORTION OF SOUTH BROADWAY IN THE CITY OF ENGLEWOOD • • I • • 0 • • c • March 16, 1981 Page 9 • • • COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 36 1, SERIES OF 1981, ON FIRST READING. Council Member Bilo seconded the motion. Council Member Higday asked for an explanation as to why maintenance crews asphalted a part of Broadway that extended beyond the city limits. City Manager McCown stated there was a small jog of road on Broadway that extended beyond the city limits and the City has agreed to maintain this portion to keep the road in balance. In response to Council Member Neal's question, City Manager McCown stated cost studies have been done and they show the contract fees adequately cover the costs of maintenance. 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. 37 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AMENDING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY FOR ADMINISTRATION OF THE HOME REHABILITATION PROGRAM AND DECLARING AN EMERGENCY. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 37, SERIES OF 1981, ON FIRST READING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Co unci 1 Members Higday, Neal, Fitzpatrick·, Keena, Bilo, Bradshaw, Otis. • I • • • March 16, 1981 Page 10 Nay s : No ne . • • .. The Mayor declared t he motion carr i e d . RESOLUTION NO. 14 SERIES OF 1981 * * * * * * A RESOLUTION IN SYMPATHY WITH TH E PEOPLE OF THE CI TY OF ATL ANTA , GEORGIA, WHO ARE SUFFERING THE LOSS OF TWENTY OF THE I R CH I LDREN, AND SUPPORTING THEIR EFFORTS. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 14, SERIES OF 1981. Council Member Fitzpatrick seconded the mo t ion. Council Member Higday stated he had had plans to ask for money to support the efforts i n Atlanta until the federal government decided to spend money. Mr. Higday asked Counc i l to keep his idea in mind if money becomes short and the traged y continues. Mr. Higday stated this problem was not Atlanta's alone but every city's in the United States. 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 for information pur- poses the Stipulation of Dismissal and Order in the case of Parkinson vs the City Council. * * * * * * City Attorney DeWitt discussed the following items: 1. Concerning the report on the Bates-Logan Park, he would answer any questions Council might have. Mr. DeWitt stated the City has an easement for City Ditch purposes and to expand the use would be outside the original agreement. 2. In the case of Colorado Springs, the hearing that was set for March 9th on litigation regarding adult book stores • I • • ' • March 16, 1981 Page 11 • • .. has been continued to June 29th. Hr. DeWitt stated the case was very important because it was the same course in which Englewood would take in proposing an ordinance. Hr. DeWitt stated at the April 6th Council meet ing, he would have a report concerning mas- sage parlors including a proposed ordinance. He stated that before June, he would have a proposed comprehensive ordinance dealing with the zoning question in this matter. 3. The assessment deferral program should be available at the April 20th Counci l meeting. 4. Work was being done on the decriminalization of ju- venile offenses, the target date being Hay 1. 5. The shoplifting ordinance might be available before May 1. 6. He was studying the problem of bankruptcies and how they related to library losses the City was experiencing. 7. He asked for further direction on gold and silver exchange from Council Member Bradshaw. Council Member Neal initiated discussion on the Bates- Logan Park matter. Mr. DeWitt stated the City had not abandoned the City Ditch in this area. Then discussion ensued regarding the Ditch. Council Member Neal instructed the staff to in- form the involved property owners of their responsibilities as well as the City's rights and responsibilities so there was some understanding before the fact that the City has certain rights to go into the Ditch, etc. Mr. DeWitt stated the City has rights; and that it was the practical exercise of the rights that Mr. Neal was addressing. Mr. DeWitt stated a notice of some sort to the property owner would be appropriate. Mr. Neal suggested sending a registered letter to each property owner. Mr. Neal also instructed staff to contact, on an in- formal basis, the involved property owners and inquire if they would like to sell their property. * * * * * * • I • • March 16, 19 8 1 Page 12 • • - Ci ty Manager McCown pr esent ed a Co un cil Communication c oncerning a recommendation for award of c onstruction of mu n ici- pa l golf course car t and pe destrian pa t h s , and r ela ted fa c ilities th e reon. Mr. McCown stated the r e c omm e n d a tion wa s to a ward the contract to Duran Excavating for the t ota l b id i n clud i ng alt er- nates in the amount of $89,308.20. Mr. McCown s t ated $108,000.00 was budgeted for the project. Mr. McCown pre s e nted a ma p and dis -cussed the plans. COUNCIL MEMBER KEENA MOVED TO AWARD TH E CONS TRUCTIO N OF THE GOLF COURSE CARTS AND PEDESTRIAN PATHS TO DURAN EXCAVAT- ING OF GREELEY IN THE AMOUNT OF $89,308.20. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vo te resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpat rick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown requested approval of an out-of-state trip for Director of Parks and Recreation, Packy Romans, who has been elected to the National Parks and Recreation Board of Trustees. The trip would be to a Board Meeting in Oklahoma City, Oklahoma, in the Spring. COUNCIL MEMBER NEAL HOVED TO APPROVE THE TRIP FOR MR. ROMANS TO OKLAHOMA CITY, TO ATTEND THE NATIONAL PARKS AND RECREA- TION TRUSTEES MEETING. 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 Manager McCown requested a meeting with Council following adjournment of this meeting for the purpose of review- ing certain items one of which was a personnel matter requiring a closed session. Council agreed. * * * * * * I • • • • • • • .. • March 16, 1981 Page 13 COUNCIL MEMBER KEENA MOVED TO SET A SPECIAL MEETING ON MARCH 30, 1981, FOLLOWING THE PUBLIC HEARING ON THAT DATE, Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Council Member Keena queried Council Bill No. 37, hav- ing to do with the Housing Authority. Ms. Keena stated the point system used for General Priorities was "very low income" at 3 and "low income" at 3. She was curious as to why these categories got the same points in terms of setting priorities. City Attorney ·DeWitt stated the points were accumu- lative. "Low income" would receive a 3 and "very low income" would receive 3 more. * * * * * * Council Member Bradshaw dedicated the new bookcases in the Council Chambers to Council Members Keena and Neal. * * * * * * Council Member Bradshaw told of the accident at Sinclair Jr. High School. Ms. Bradshaw stated the condition of the student was critical. Ms. Bradshaw asked about the appropriateness of Coun-cil doing something in regard to this matter. Council Member Keena suggested discussing the matter after the meeting. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. 9:00 p.m. Mayor Otis adjourned the meeting without a vote at ~c~.?4,k_,, • I • • • • , . • ROLL CALL Hove d Seconded Aye Nay Ab s ent Abstain Hiadav Neal F tzpatrl ck Keena B lo Bradshaw OtiS ' ) th_ ) f: tTl h J U -c_v ~{ ~ . 7d'1 __;( //;-u~~ .) -p_ ~{__ I 31J cf~ (fro T di:-'f d.._ \ tJ/V ~J_ '1 _) " I 1 c vu rxJ ~~ ~ J-W .J ~ »~)~ I . • • • ,. • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hlgday t./ Neal ,_, F1 tzpatrl ck v ~ Keena l-- Bllo L--- Bradshaw ,___ OtiS ..___ I • • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higdav \ Neal I F1 tzDatn ck I ,_ Keena I Bllo I v Bradshaw 1 OtiS \ I • • • • • ,. • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hloday \ Neal I v F 1 tzpatrl cit I Keena I 81 0 I v Bradshaw I Ot s l '\ I I . • • ~~~----------------~~~~~--~~~--~~~----~~LLL_ _______ ~~ ·Jn • • .. • ROLL CALL 11o ve d Seconded Aye Nay Absent Abstain I . • • • • .. • ROLL CALL Moved Seconded Aye Na y Absent Abstain J ~ /vutt.--tAw -cXJ o ~ ~YLR-- 4 5 ;) 7 s--.!;!! rv1 J ·, 0 -vrr-~ -~/U '-f5U-;;.,_u /?L ?""._.h ~ d,l,(;> ,rri) c ')l<--/)L .O CJJZ..-O-ff~ ~i /}~ /'lJ-A-J ~5 U /?o L7 Ju--L.._ (J) ,3'6' ,nov r ,n..~ r ;01" £ y;zJJ yuLI.Z "'J c.-/L t._.~rz u _,/ rt...-U u )1'/ z; clu-e k J-d cT r YL-m IL'~. -J-a-o ( /bn-/ ?-~/VY'-4~ a--~ r ~· ~__,;"',} (_~ (,(_) !c'~ r ~~ ;£ f.z (/ f 2-L-~ 9' :f* c&(_ f--/c_ru--<ULJ -cit_, /l~ Z -;I -Jv0. a ~ ( ~ J'!~ --]U t<. ( _/)?PI-tb._ t:fA'itt-~ .ft'---<-~~ <r-~1 <.4U ..:-v...r jf_ tl-t c./u:tiu'-@a:7/At?i ~ ~d ~~ --~/)~~ ~~~~~ @-~~~z;~ • I . • • • - ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiqdav Neal F• tzpatn ck -Keena 81 0 Bradshaw Otis , I . • • • • .. • ROLL CALL Moved Seconded Aye Nay Absent Absta i n I-~})~.--,~~ ~/?/ s C/uA -~ 1 j12i~L ~ ~t 1 ?cu -.u'-lu t ..vo ~ d.A u_; ~ du"'<-b 'Y-J CA -,~ .-4'"-~ f,t_~ p.t·aFY>~ -r~RLU, -).{)<">1 C-<...-;? ~ ~ ~~ ~/x_/2,vuj -~u .,, .... ~~ ~ /H-<t yY-~ J jbUu ?5~ I . • • • ,. • ROLL CALL Hove d Seconded Aye Nay Absent Abstain Hlgday \ Neal J Fitzpatrick I Keena I v Bi lo 1 v Bradshaw I Otis \ • I • • D • • . . • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiqdav Neal F•tip-atnck Keena Silo Bradshaw Otis I . • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higdav \. Neal \ F I tzpat r1 ck 7 ""' Keena I v Bllo I Bradshaw { OtiS \ I . • • • • • ROLL CALL Moved Seconded Aye Nay Absent Ab t l s a n HfQday Neal Fl tzoatn ck Keena Bi lo Bradshaw OtiS I . • • • • ,. • CALL Nay Absent Abstain I • • • • • • .. • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiqdav '\ Neal I Fitzpatrick I j,./"" Keena I c..--Bllo { Bradshaw ' OtiS I • • • • • • • ROLL CALL Moved Seconded Aye N Ab ay sent Abstain Hlqdav Neal F1 tzpatrl ck Keena Bllo Bradshaw OtiS 6 C--. /1),._ 6-um r u-7!b d cu Jh~ ~I 9'(.-YJ~} d}8tJ3 s. ~&/)'/ • /J:e -(!~ :lw<P ~d (k~z Su.uU -~t-~ a/YL-aul'eJ ~_,JU..J ~~ ' . . . -~ cf1 ~~~ __ki 'lU /lVYWVX- 1).-c 4fo, 11 do -/ll e-~-0 -'(J~~ .f!Ao-~ ~'YV c~v-~ ;?v ab~ ·&zU -r-/YYU<f ~ /VAI-L.J ~ ~(_/'' _fl tc- '/>)L~ ' ~ ... 6 0. tJ(f() P-:t: ~ !J4U ~ /r -~· ~ )tJ/>01LZ/~~; ~ • I . • • • .. - ROLL CAll Moved Seconded Aye Nay Absent Abstain ,.,_..-Hiqdav \ Neal \ F1 tzpatrl ck I v Keena 1 BI IO I Bradshaw \ OtiS ' I • • • • • • ROLL CALL 1'1ove d Seconded Aye Nay Absent Abstain -v Hloday Neal j F 1 tzpat r1 ck / l<eena / y 8110 { Bradshaw \ Ot1s " I • • • • ,. • ROLL CALL Hoved Seconded Aye Nay Absent AbstaIn ~ Hiadav ' Neal } Fltzpatnck _( Keena v-- Btlo ) J.--Bradsh-I Otts ' • I • • .----~~--------~~--~~--~ • • • ,. - ROLL CALL Moved Seconded Aye Nay Abs t Ab en stain Hiadav Neal Fl tro-atn ck Keena Bllo Bradshaw OtiS • • I . • • • • .. • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday ' Neal J ~--Fttzpatrlck I Keena J /./ Bt lo I Bradshaw I Otts \ I • • • • • .. • ROLL CAll Moved Seconded Aye Nay Absent Abstain Higday Neal Fi tzoatri ck " Keena ~ Bllo Bradshaw Otis 7 a__ (! __ l3 d1-3 (p 4J , 4 17 r-~-c -------- • I . • • • • .. • ll ROLL CALL li Hove d Seconded Aye Nay Absent Abstain Higday \ Neal _l F1 tzpatrl ck 1 Keena I Btlo I Bradshaw I Ot1s ' ~"'""' • ~ • I • I • I v • • • . ~ • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday \ Neal 1 v Fitzpatrick J Keena 8110 I v Bradshaw OtiS \ \ 76 I • • • • • • ROLL CALL Moved s econded Aye Nay Absent Abstain r-~ I- I Higdav ~ v-Neal T Fetzoatreck I Keena 1/ 81 0 l I 1 Bradshaw OtiS l J -I I . • • • • • - ROLL CALL Moved Seconded Aye Na y Absent Abstain Hiqday '\. Neal \ F"1 tzoatrl ck I Keena I Bllo I Bradshaw I OtiS \ ' ' ----- I • • • • • • .. • ROLL CALL Moved Seconded Aye Nay ~bsent Abstain Higday Neal Fitzpatrick Keena 8110 Bradsh- Otis 1 ~ '/')'U---::1 ~ --1' d ~ l -c_/ - ~-~ ~ ttL(_ 7tJB_r-c V-4~ ~~f ~-o ~ • ~ @ a.-c!-t.-tl /U.j;(-/)') ~~ ~ ~~~VAi/ -~&~~ ~· trz-L~~ ~ ~ G~~ I . • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain '-Hiodav Neal Fitzp-atrick Keena Bi o Bradshaw Otis - -------- --------------~!l ~ ,/J~ 1 ~/)~'---- ~----- /)ea-1 q p;;C ~Ce_ )4/u><£11 /M"'-e_ A<-~ z- r!:)PY~ I . • • • • • - RO LL CALL Mov e d Seconded Aye Na y Ab s ent Abst ain Hiqdav Neal F 1 tzpat n ck Keena 8110 Bradshaw Otis ~-~ylij-d -. @ .,1/YLtfr~Y>l ?JU _vJ 'L/l~ fJj . /Lu-v ~~0( d-(lJ!. -:1../ 0-o U AU£} C2<J cf ~ d" ~'I I ~· -£/uut ~ ~a-17 7--tl! .~0~ jufru ,/U~i- @fl)~~~-4/J~L~ flk~~~ 7)}e_ &u~ -~ r/YYJ (Jr ,e ~ r~~ -~~L~£~~ -~ _/.A />'IA-7: a-h~~ • • I . . • • • • ROLL CALL Moved Seconded Aye Na y Abse t n Ab sta1n HiQdav Neal Fitzpatrick Keena Bllo Bradshaw Otis sa_ . 7hc u-u '/) r QJ' /)1 z; /tJk_, r d--U/d/2 oL 1 l'.f )l.u_ if r,. C/Y-'<.RJ u-d <1-~ ~- ,;(~__,u/l a /1} # J>CJ, 3 tJ f ;;L 0 -..):J/w d;..;. L 1 () f / I Y"' ~-c OE./7) ~rcJ.._~ p, r- :n '"):_ 6 U/Y) rQR~ /J'Aa_lj/1/)lt • I . . • • ,. • ROLL CALL Moved Seconded Aye Nay Absent Abstain ..., Hlgday \ Neal I Fltzpatnck I k"' Keena I Bllo v-Bradshaw I Otis \. • • I . • • • • • - ROll CAll Moved Seconded Aye Nay Absent Abstain Higd~ Neal F1t~atnck Keena Bi_lo Bradshaw OtiS I . . • • • • • ROLL CALL Moved Seconded Aye Nay Absent Absta i n Higday \ ~ Neal I ~ Fe tzpatre ck I Keena / Belo _f_ Bradshaw ~ Otes '\. I • • • • • - ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal Fitzpatrick Keena 81 lo Bradshaw OtiS I • • • • • • .. - -----~~~~~~ ---- ROLL CALL Moved Seconded A ye Nay Absent Abstain Hioday Neal l'i tzpatn ck 1/ Keena I ....--81To I Bradshaw f Otis T \ I • • • • • • - ROLL CALL l'loved Se conded Aye Nay Ab sen t Abs t a in Hi gday Neal Fitzoatr1ck Keena Bi lo Bradsh- Otis {;j h . ;f_£1 0'1 a_., _p-At d f t $' -a J . -r1 ~~.<A, -~~ A ,-u /Jthj j.u, /-~ L ~~ t<--o ~f ~ '-el-IN ~_tc.:L<~'li~ A 2J.~-u ft()d~-,~ ~ -- ~b t:J -~~i_ ~~--4, '~- ~1 u f) Y21£d/ ~_b.,d.uf ..hd cz c.c~-><C~~.;~ 0-od fnH/L d_ /)1 dLn -c 0' ~~ rf-~Y'u ~ ~ /3 'f&u,<4' ~cJ-~~~ • I . • • • 7:30P.M . 1. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL l MARCH 16, 1981 'J ~" _,._1- / (} tJ-o / j Call to order, invocation by Reverend Adrian House, First Christian Church, 3190 South Grant Street, pledge of allegiance by Boy Scout Troo~ # 1 92, and L roll call. , Minutes. (a) Minutes of the special meeting of March 9, 1981. (Copies enclosed.) 2. Pre-Scheduled Visitors. (Please limit your presenta- tion to 10 minutes.) 3. 4. 5. (a) 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.) Other Visitors. (Please limit your presentation ~~~ to 5 minutes. )(?{1a.'Y"><..U JSI_u~ . .1/.S<::J ? ~ r ~.......__, '{Yl.u1~ -~~-'1 ,t-uu ~ -. (f -?'/<fla . -/U.r:"" -z-. ?-u.-A <-c ~ -u<ll at:d cZ u><_, Public Hearing . --«> i;d' vu '(!/u)if l!.t. a ').-.,, 1-~.L."'-' u lu . ...__.., -~"? ~r~--fn-dru ~t -arfJ ~ -~ 'lj..u_...._.) cd 7-11 Communications -No Action Recommended. (a) Minutes of the Board of Adjustment and Appeals meeting of February 11, 1981. (Copies enclosed.) (b) Minutes of the Planning and Zoning Commission meeting of February 17, 1981. (Copies enclosed.) (c) Memorandum from the City Manager concerning his attendance at the National League of Cities Conference in Washington, D. c . (Copies enclosed.) • I • • • • • - Page 2 Ma r ch 16, 1981 6 . Communications - Ac tion Re comm ended . 11_g1._c?:o c rm }1 ~-(a ) Co unc il Communi cation f rom the Ci ty Clerk con - k t~ c erning a Massage Parlor Applica tion f or So on fJ ~ ~v y ee Scott, 2801 South Broadway. (Copies enclos ed .) (b) Council Communication from the Library Advisory ~ 1 #,~ Board concerning Library Advisory Board terms . -~~ (Copies enclosed.) (c) Council Communication from the Planning and Zoning Commission meeting of March 3 , 1981 concerning the Bicycle Trail System . (Copies enclosed.) Council Communication from the Planning and Zoning Commission concerning additional informa- tion for the National American Planning Association Conference in Boston on April 25-29 , 1981. (Copies enclosed.) 7. City Attorney . Bills for Ordinances . Bill approving a maintenance contract between the City of Englewood, Colorado, and the State of Colorado, State Department of Highways, Division of Highways, providing for maintenance of a portion of South Broadway in the City of Englewood . (Copies enclosed .) (b) Bill amending an agreement between the City of 11 8~3 '1 wliEnglewood and the Englewood Housing Authority ~,~~ for administration of the Home Rehabilitation ~~ D' Program . (Copies enclosed.) Resolutions. (c) Resolution adopting an on-street bicycle trail s y stem f or the City of Englewood. (Copies enclosed.) (d) Resolution in sympathy with the people of the City of Atlanta, Georgia, who are suffering the loss of twenty of their children and supporting their efforts to conclude such a senseless waste of our country's youth. (Copies enclosed.) Other Matters. t~ (e) Stipulation of Dismissal and Order -Parkinson ~~~ vs Otis et al. (Copies enclosed.) _12nv · (f) Attorney's Choice.-;u~n? ~Uo -/~~;otvz..f -C;f'U~--....t::l -=~-~t.u"'~ -6 -2 q -81 -/11~-.L.,;} e~~~-~~c -dJ«-~ . {/ -~d ~ ... .R#k b-e~ a.,.._ (J tf -S4v-f .Jb-;: . T -k,t-~U.-8 oU/Yll.... -<-<-..;u ~ dU/ n "L h-'-' ~ • I • • • • • • • • ,. • Page 3 March 16 , 1981 8. City Manager. (a) Council Communication from the City Manager concerning the Municipal Golf Course Cart and Pedestrian Paths. (Copies enclosed .) (b) Manager's Choice . .-'fJ ~-n.<> ./k. c "! '-.R:< c-._ 'Uf' -w nto :E: w d.<_,. c.-.L ,..., e;L_,u~ tL<-.,...._~-..,__ 9. General Discussion. 10 . (a) Mayor's Choice . Special Call for March 30, 1981. -Election Commission. -Un-marked Cars. -Housing Authority Contract. -State Highway Contract. -Board and Commission Appointments. (b) Council Member's Choice.-f(.l.R 714 ~&_ n-v {7( ;l .. ~ >L ,eo ,_J ,.L-')1.. 'll~u.IL.'>U) ~ ~ Adjournment. ~<~ d£~ &.~ _ 'iJu-.L<J lu-uJ a ~ ~ x. c c1 c ] li:/J/!1~ yf~:v City Manager /? .L4-,r--U-(../.__.... 0 ~ /LrrV • I • • • SPECIAL MEETING: • • - COU NCIL CH AMB ERS CIT Y OF ENGLEWOOD, 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 :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 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 mot ion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. • I • • • March 9, 198 1 Page 2 Nays : None . • - The Mayor declared the mot i on 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: Coun cil 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. Th e 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 for their cooperation and understanding. Mayor Ot is 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, 198 1 Page 3 Ayes : Nays : • • • Co u nci l 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 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. 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 • • D • 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 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 • • n • • • - March 9, 1981 Page 5 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 HR. 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 * * * * * * "ColllliUnications -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 • • 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 • • • March 9, 19 8 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 • I • • v. D • March 9, 1981 Page 8 • • - a recommendation of Bates-Logan Park proper ty 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 mi stake 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 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 HATTER 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. 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 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 • • n • • March 9, 198 1 Page 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 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 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 l, 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 . • I • • • March 9, 1981 Page 12 • • • COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MOTION BY DELETING ''WITH PRIOR APPROVA L 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 NOTIC E TO CITY COUNCIL". 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, 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 ENGLE{o«)()D •, 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 . • • 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 HARKED 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 . • • - • 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 KEEN A 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 fol lows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays : None. The Mayor d eclared 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 Kigday, 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 KIGDAY MOVED TO ADJOURN THE SPECIAL Mayor Otis adjourned the meeting without a vote at 9:00 p.m. 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 DeMolay Chapters in the United States, Canada, and throughout the free world; and WHEREAS , membership in DeHolay i s a constant bond among the tens of thousands of young men throughout t he world ; and WHEREAS, a DeMolay obligates himself on the Holy Bi ble to be a b e t ter son and man; to honor his parents ; to honor and protec t all womanh ood; to love and serve God, his c ountry, and fellowmen; to uph old public schools; to slander no one; and to exercise tolerance in opinions of others. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the Ci ty of Englewo od, Colorado, do hereby proclaim the week of March 15 through March 22 , 1981 as DeMOLAY WEEK in the City of Englewood. And let it be known t hat the citi zens o f our Ci ty comme nd these you ths for their endeavors in reaching and maintaining the high go a ls they have set for t hemselves. GIVEN under my hand and seal this 9th day of March, 1980. Eugene L. Otis, Mayor • • I • • • • • • .. BOARD OF ADJUSTMENT AND APPEALS CITY OF ENGLEWOOD, COLORADO FEBRUARY 11, 1981 MINUTES The regular meeting of the Board of Adjustment and Appeals was called to order at 7:30p.m. by Chairman Howard Brown. MEMBERS PRESENT: Leonard, Gage, Hallagin, Dawson, Seymour, Kreiling, Brown MEMBERS ABSENT: None ALSO PRESENT: Pittman, Chief Building Inspector Conley, Recording Secretary * * * * * * Chairman Drown stated the hearing tonight of Case 1-81 (63-80), 3963 South Delaware Street,will determine if there is sufficient new evidence to justify a rehearing, and if there is the Board will rehear the case based upon this new evidence • • I • • • • .. page -2 - Pet r El1as, 552 South Pr1nc• St r e t , Littl ton , r eal estat a g n t , appeared before th Bo rd. Mr. Elias indicat d that h was re luc a nt to make these n ew facts kno wn at the pr v ious h ari ng b ecaus of poten tial pe r sonal h a r assm nt t o th e app l i cant . He i nd ic ated that in the past yea r sever al h a rassment comp laints h ave b e n file d by the applic ant with t h e E n gl wood Police Depar tme nt . Th l a te st complai nt oc c u rre d o n November 28, 1980 . Also, at the time the prope r ty wa s p osted , the var ian c sign was to rn d o wn. This would indicate some type of conflict b etwee n t h n eighbo r s. Mr. E l i as thanked t h e Board for the opportun ity to pr esent t h ese addit i o nal facts t o them. Mr. E l i a s stated t hat a similar v a rian ce was gr ant ed a t 4 031 South E l ati Stre et. That l ot was a p p r o ximat e ly hre e (3 ) feet s mal le r tha n the one pro posed on South De laware Street . That c a se wa s br o u g h t befor e t he Bo ard wi t h no o ppos i tion from t he neighbor s . Mr. E l ia s f elt that had the neighbo r s o n South Delaware Street been in f a vor of the variance, it would have been granted. As a result o f the var i an c e denial , the t wo (2) pro spective buyers have purchased hom es in o t h e r areas. Both buyers would have been assets to the neighborhood . Board Memb er Seymour mentioned that the Board is n ot est ab lis hing legal pre ce d ence i n this case. Each case is decided on its own merit and the six (6) conditions must be present before approval of a variance. The Board does not grant a variance based o n the fact that on e was granted prev iousl y to someone in the nex t block. The cases are beard on an individual basis. Mr. Elias stated that all six (6) conditions had been met and yet the Board denied the va r iance request. He noted the parcel is the largest in the neighborhood and dividing the lots into two (2) building sites is the most logical thing to do with the parcel. Referring to the opposition, Mr. Elias felt the objections were based on emotio n rat h e r than the facts . Chairman Brown informe d Mr. Elias that the Board was selected to r e present the City and the citizens. Each case is individual and if the Board f e els the fa cts are the re to grant a variance, it will do so. The members must interpret the six (6) c ond itions and find them favorabl e in order to grant a varian c e. If the case is re- ope n ed the Board will render a de c ision based solely on the facts . Board Member Leonard mentioned also, that each case is heard on its own merit and comparing 4031 South Elati Street to thi s case is not justified. He stated no new e vi d ence had b ee n broug ht o ut. The applicant has not c larified the obj ections of the ne ighbors a nd conditions numb er one (1), four (4), five (5) and six (6) have not been met • I • • • • • • • page -3- Chairman Brown asked if th e Board had any mo r e quest1on s for Mr. Elias . Mr. Elias s tated the variance wil l be of benef it to everyone , not just the owner and will not harm the character of the neighborhood. Dicussion ensued with the Board in reference to re-o p e n i n g the case at 3963 South Delaware Street. BOARD MEMBER HALLAGIN MOTIONED THAT CASE NO. 1-81 (6 3 -80 ), 3963 SOUTH DELAWARE STREET, BE RE-OPENED TO HEArt AD- DITIONAL EVIDENCE. Board Member Kreiling seconded the mot io n. All members cast their votes. The vote resulted as follows: AYES: Hallagin, Brown, Kreiling NAYS: Leonard, Gage, Dawso n, Seymour Chairman Brown stated that with three (3) affirmative votes and four (4) opposing votes the motion was DEFEATED. * * * * * * BOARD MEMB ER GAGE MOTION ED THAT THE MINUTES OF THE DECEMBE R 10, 1980 REGULAR MEETING OF THE BOARD OF ADJUSTM ENT AND APPEALS STAND APPROVED AS WRI TTE N . Board Memb er Dawson s econde d the mot ion . Upon a call of the roll, all members voted in the affirmative. Th e minutes stand APPROVED as written. * • • * • • () I • • • • • BOARD MEMBER SEYMOUR NOMINATED ROGER GAGE FOR CHAIRMAN OF THE BOARD OF ADJUSTMENT A D APPEALS. Board Member Dawson seconded the motion . BOARD ME Wl:.R KREILi l'iG , OMI ATED CHESTER IIALLAGI FOR CHAIRM AN OF THE BOARD OF ADJUSTUE T AND APPEALS. Board Member Leonard seconde d the motion , pag -4- Ch airman Brown stated that the second place nominee would be elected as Vice -Chairman of the Board of Adjustment a nd Appeals . All members cast their votes. The vote result e d as follows: HALLAG IN : GAGE: 5 2 Chairman Brown declared Chester Hallagin Chairman and Roge r Gage Vice-Chairman of the Board of Adjustment and Appeals . Chairman Brown stated that Virginia Dawson had been reappointed to the Board of Adjustment and Appeals for another four (4) year term . * * * * * * Gary Pittman presente d the Board with a fo rmal Finding of Fact f rom the December 10, 1980 meet i ng for their consideration. The Board agreed to di scuss its possible use at the next regular meeting. * * * * * * Chairman Brown stated that the reorganization of the Board of Adjust - ment and Appeals was in order. * * * * * * • • 0 I • • • • • .. page -5- There being no further business before the Board, Chairman Brown adjourned the February 11, 1981 r egul ar meeting of the Board of Adjustment and App eals at 8:02 p .m. • • • • • • Recording Secretary • 0 I • • • • • • - CITY OF ENGLEWOOD PLANNING AND ZONI G COMMISSION FEBRUARY 17, 1981 I. CALL TO ORDER. 5 p The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P. M. by Chairman Judith B. Pierson. Members present: Becker, Carson, Draper, Pierson, Senti, Tanguma, Barbre Powers, Ex-officio Members ab sent : McBrayer Also present: Assistant Director Dorothy A. Romans Associate Planner Barbara S. Young Planning Assistant Susan T. King Planning Assistant Jed Goldstein II. APPROVAL OF MINUTES. Mrs. Pierson stated that the Minutes of February 3, 1981, were to be con- sidered for approval. Tanguma moved: Carson seconded: The Minutes of February 3, 1981, be approved as written. AYES: Carson, Pierson, Senti, Tanguma, Barbre NAYS: None ABSTAIN: Draper, Becker ABSENT: McBrayer The motion carried. III. REVIEW OF GOALS AND COURSES OF ACTION. Mrs. Romans introduced members of the Planning Staff to the Commission. Mrs. Pierson sta ted that she had spent some time earlier in the day re- viewing th e Commission's Handbook and the City Charter, both of which set forth the duties and responsibilities of the Planning Commission. Mrs. Pierson noted that the Handbook sets forth four areas of jurisdiction for the Planning Commission, these being the Comprehensive Plan, the Comprehensive Zoning Ordinan ce, the Subdivision Regulations, and the Capital Improvement Program. Mrs. Romans stated that the City Charter states that the City Council cannot make any changes in the general plan of the city without having gotten a recommendation from the Planning Commission. Mrs. Romans stated that she has not discussed this provision with City Attorney DeWitt, but that a previous City Attorney had indicated that the term "general plan" is very broad and meant that anything affecting the City must first be considered by the Planning Commission prior to action by the City Council. Mrs. Romans pointed out, for instance, that the Com- mission will have to consider the plan of the Downtown Development Authority • • I • • • • • -2- Mrs. Pierson stated that it app":~rs the Pl nning Commission has broad r s pon sibility, and should consider anything that is to th good of the City , and there is very little that i not within the purview of the Commission. Th Pl nning Commi~sio n may initiate con sid e ration of mat t ers, consider matters on special requ"st, or on a scheduled basis such as the Cap ital Improvement Progr m and Highway ~or Program . Mr . Tanguma stated that he felt t he charges o( the Commission h ad been w 11 covered, and sugges ted that th e Commission consider the Goals and Courses of Action that were suggested by the Comprehensive Plan and comp iled by the Comm ission in November of 1979. Mr s . Ro mans s tated that action on a numb e r of th ese Goals and Co urs es of Ac t ion are und e rw ay , ci ting the program for the redevelopment of t h e downtown area as one i tem. Mr s . Pi e rson asked how i nvolved th e Commission would be in the downtown development p rogram? Ms . Powers stated s h e felt the Commission sho uld be involved all along; that she would ne e d their input throughout th e development of the plan , and t he Planning Co mm iss ion will have t o conside r any plan th a t comes out of the discu ssions with the Do wnt own Development Autho r ity . Ms . Powers sta ted that one of the s t aff projects is the revision of the Co mprehensive Zo ning Ordinance, which will be a step in the develo pment of ordinances to implement the Comp rehen sive Plan. Ms . Power s stated that this wou ld e n comp ass the mixed-use dis tric t that has bee n mentioned, as well as other r evisions. to th e zoning ordinance . Mr. Draper stated t ha t he thou gh t a mixed u se co uld be pe rmitted at this time in the down- town area with the approval o f the Co mprehens i ve Plan in 1979. Ms. Powers sta t e d that th e Mixed-us e Distric t wa s a Goal that has not yet been im- plemented. Mr. Draper asked what process shou ld be pursued now? Mrs . Romans stated that she felt one st ep wou ld b e t o work with the Downtown Development Authority. Mrs. Pierson not e d that a meeting with Mr . Don En sign of Design Work s hop had been mention ed pre viously by Ms. Powers . Ms. Pow e rs verified th a t Mr. Ensign will be me eting with the Commission in the near future to make a presentation. Mr. Tangu ma e xpressed concern as to whether a "m ixed use" district would be considered "spot zoning". Mrs. Romans stated th a t the mixed use dis tric t would not be spot zoning. Ms. Powe rs agreed; she stated that the mixed use district application would be "limited", but would not be "spot" zoning . Mr. Draper asked if the mixed-use distric t for the downtown area would allow residential us es limited to high-rise and/or con dominium but would not i n clude single-family? It was agreed that single-family r esiden tial use in the downtown dist rict would not be con sidered as part of th e mixed-use dis trict. Ms. Powers s tated that Mrs. Roman s would b e concent r ating her ef forts on the revision of th e Comprehensive Zoning Ordinance f o r th e next few months. Mrs. Romans sta ted that i n preparat ion to the revision of the Zoning Ordinance, she had aske d Planning Assistan t J ed Goldstein to review minutes of the Board of Adjus tm e nt and Appeals for the past several years , a nd to note the types of variances that have been granted. Where there have been repeated requests for the same type of variance , it can be assumed that there is a "prob lem" with meeting the stric t application of the Ordinance, and that this part of the Comprehensive Zoning Ordinance should be given in-depth c onsideration. Mrs. Ro mans cited the area of over-lot coverage; in the R-2 and R-3 Zone Districts, garages and carports are not c ounted toward lot coverage in an effort to e ncourage property • I • • t • • • - -3- owners to construct protec t ed off-street parking. Mrs. Romans stated that one question to consider is whether the same flexibility should be granted in the single-family zone district s --that c ove red parking not be counted toward lot cove rage? Hr. Draper stated that one of the complaints of the developers trying to work with the City is that the restric tions are too rigid and inflexible, and that this causes problems in developmen t. Mr s . Becker s tated that she felt one area that needs con side rable considera- tion is the problem of new residential housing. Mr s. Be cker noted that there is limited land area for development, but when there is a site for r esidential dev lopment, would th e City be willing to let the developer have a couple of units with a common wall ? Mrs. Roman s stat d that som of this type of housing is b eing developed in Englewood at the pr sent time, and cit d a development on South Marion Street. Each separat unit is individually own d along with the ground on which the unit is locat d, but th ey do shar c a.aon wall. In discussions with banks, it has b en determ in d that th lending insti tutions do not want to l oan mon y on uch developm nt unl s th ground goes with the units, and they do no t lik to get into financing condominium units unless there are at 1 ast t n (10) unit s i n th compl x. Mr s. Pierson s tated that th r e wa s some discussion in the pa st about waiving the taxes for a period of time on substandard resident ial properties if these propert ies would be redeveloped. She sta t e d tha t she felt this would merit looking into as one of the incentives to e n- courage redevelopment of substandard housing. Another incentive is the allowance of two units on a p rev iously single-family site wi th a common wall between the unit s . Mrs. Romans pointed out that one of the problems is that waiving a six (6) mill tax isn't that great an incentive for re- development, and that the six mills is all that comes to the City. Mrs. Romans also pointe d out that c onstruction standards on units with common walls vary depending on whether the units are to be sold or used for rentals. Mrs. Romans pointe d out that the possibility of an increased density on an "in-fill" basis was discussed by the Planning Commission upon the recommendation of the Co mpreh e nsive Plan Review Committee, and that a former Planning Commi s sion memb e r had expressed strong opposition to this concep t and the matte r was mor e or less dropped. Hr. Draper asked if Aurora didn't have some sort of low-cost housing for single-family residents? Ms. Powers stated that the City of Aurora sold bonds; how e v e r, they a r e at 13-1/2% which doesn't help that much. Dis- cussion ensued. Mr. Tanguma suggested the possib i lity of a citizens committee to look into the matte r of incentives to encourage residential development in Englewood. Mrs. Romans stated that this might be a topic to discuss with City Council before another citizens committee is formed. If the City Council is not in favor of some of the proposals, there is no need to pursue that course of action. She pointed out that the ad hoc committee that worked on the revision of the Housing section of the Comprehensive Plan went into the possible ways to encourage develo pment of single-family housing in Englewood, and felt that the increased density method had merit; it broke down at the Planning Commission level . • I • • • • • -4- ~rs. Pierson stated th · t she felt a quick over -view of the means available might be in order prior to th m eting with the City Council , and asked that Mr. Tanguma, Mr . Carson, Mr. Senti and Mrs . Becker work on gathering this information if possible. Th improvem nt of presen housing was discussed . Mrs. Romans stated that he felt the Rehabilitation Program is making headway on this problem. r. Carson ques ioned if there wa s someway to encourage property own e r s to fix up garages; he stated tha there a r e some garages in very poor con- di ti on which det r act from the overall appearance of the property. Mr s . Pier on asked if Code Enfo r cement would be of help on th is problem? Mrs. Romans stated that if the building is d e termined t o be unsaf e , Code En- fore ment cou ld help. Mr. Carson discussed a prope rty on Wes t Oxford Avenue; he noted t ha t there had been previous contact with th is property own r by th a nimal con trol committee becaus e of t he numb e r of dog s and puppies they had. Thi s prope rty o wner still has t he dogs and puppies , nd has now begun r aising chickens and ducks on the prope rty, also. Mr. Senti sta t e d that he understood there are plans t o build a new house on par t of t he si t e ; he is no t awa r e of a ny plans for the e xis ting structure. Mr. Sen ti sta ted that he fre quently walked to church from his place of residence , and comme nted o n the tree limb s t hat hang down so low over the sidewalk that people cannot walk on the sidewalk. He noted that in Denver, i t used to be if the l im b s were lower than a 12 ft. clearance, the property own e r received a not ice from the City that the limbs had to be trimmed. He noted that th e tree l i mbs are much lower than the 12 ft. clearance, and have been that wa y for a long time, yet it appears that nothing is done about the situation. Mr. Senti noted that he owns some property in De nver, and that he was notified to remove a dead tree within 30 days after the tree died. Discussion ensued. It was determined that a list s hould be made of locations where the tree limbs are so low that they interfere with use of the sidewalks, and that this be turned in to the staff . There was further discussion on the matter of Mortgage Revenue Bonds. Ms. Powers stated that a new law was recently passed by Congress, which places restrictions on the participants in a Bond Program to the point that the bond counsel for the City of Englewood advised the City to "forget it." Ms. Powe r s stated that the Rehab Program will be expanded through additional Community Development Block Grant funds which will include grants to ap- plicants for rehab loans who cannot qualify for the loan by not being able to make th e loan payments. Ms. Powers noted that there have been seve ral instanc es wherein loan applicants have been turned down because they cannot afford to make the loan payments, yet they need to have their property improved. In some instances if the applicant has very low income a nd limited assets, they would be eligible for a combination loan and grant und e r the expanded program. Mrs. Becker stated that she felt it is too bad that something cannot be done to encourage use of solar energy. She stated that she thinks the installation of solar energy is an "improvement" to a home. She noted that to get a tax c r edit, the installation must be "active solar", and not "passive solar" . • I • • • • • - -5- Mrs. Pierson s t a t e d that s he felt a P.R. program on the pride o f ke ep i ng one's property up s hould be instituted. Ms. Powers stated that in s ome cities, they have invested in bulk purchase of paints in different c olors, which is made available to homeowners who qualify. Such outside improve- ment is noticeable if concentrated in a "target area", for instance. She stated that she did not think the Community Development Block Grant funds could be used for such a purpose. Mrs. Romans noted that some- times the Jaycees are interested in projects for community improve ment, and a couple of years ago the South Suburban Board of Realtors had a project of helping elderly and handicapped persons maintain their yards. She suggested that perhaps a contact should be made to these and similar organizations to see if they would be interested in undertaking such a project. Coordination with the City Council was discussed. Mrs. Pierson asked for suggestions of items for an agenda for the Planning Commission and City Council meeting. Mr. Draper stated that he felt the philosophy of the City Council regarding single-family residential vs. other types of resi- dential use had better be an item for discussion. Mrs. Romans commented that she felt we must face the fact that housing as we have known it will have to be changed. Hr. Senti agreed, and stated that we cannot promote the single-family homes in Englewood any more; it just will not work. He stated that he felt the rezoning of the 4700 block South Bannock Street was a good start in encouraging redevelopment of deteriorating areas. He pointed out that several nice duplexes have been developed in the 4700 block of South Acoma Street, and he felt the redevelopment of these run- down properties with some of the nice doubles is something to be proud of. Hr. Carson stated that he felt the prime argument will be that of the privately-owned unit vs. the transient occupant. Discussion ensued. Mr. Senti stated that the duplexes he is making reference to are very nice, and that the rental is such that "you won't get bad tenants." He dis- cussed the recent development of a duplex by Hr. McBrayer, noting that the grounds were fully landscaped, sprinkling system installed, the yard fenced--a very attractive development, which Hr. McBrayer sold in a very short time. Mr. Senti stated that he felt the development of duplex units is probably the only way that families will be encouraged to locate in Englewood. He noted that he has built and owns several duplex developments in Englewood, and that the ones he has an interest in are about 1,000 sq. ft. in floor area, a size which will accommodate a family. Mrs. Pierson asked Mr. Senti if he would discus s this aspect of the housing market at the joint meeting of the Commission and City Council? Mr. Senti r ei t e rate d that with economics as they are today, the only way to encourage family housing in Englewood is by the building of double units. He noted in some instances the duplex is owned by the occupant of one unit and the othe r side is rented out; in other instances, both units are rentals. He emphasized that with today's rental market, the rent is such that the poor tenant who does not care about the property cannot afford the units. Discussion ensued. Mrs. Pierson commented that she felt it is a myth that tenants don't keer property up, noting that she has rental property in Englewood, and that of her property and those on either side, she feels her rental unit is the best maintained. Hr. Draper noted that he felt one of the worst offenders on maintenance of rental properties is Swedish Medical Center • • • I • • • • .. -6- Ms. Pow rs stat d that s he felt the Ci t y Council would be interested in discussing any chang s that th staff and Co mmi ssion might be con sider i ng in the Compreh nsive Zoning Ordinanc . Oth r items suggested for discussion with City Council wer e th e plan fo r the Downtown Development Autho r ity , a nd the Hampden/Ithaca o ne-way coupl et . Mr. Ca r son stated that h under- toad the greenhouse property that would b n e ded for the coupl t is for sale at $5 .00 per square foot . Mrs. Becker suggested that the Co mmunit y Ce nter should be an item on the agenda. Mrs. Pierson asked if the City Council was doing something on the Co mmunity Center p ro ject at th present tim ? Ms . Powers stated that th re has been a group from the Lion's Club working on this matter , and that they made a recomm ndation a couple of weeks ago to build the com- munity center. Commercial ventures on south South Broadway were discussed. Mrs. Pierson s tated that she felt there is a need for a "search committee"; this would be a group whose purpose would be to seek out busin esses interested in locating in Englewood . The possibili ty of the Chamber of Commerce doing something on this was discussed . Mrs. Romans stated that there is a new executive director and the new president has just ass umed office, and she felt that possibly this idea could be presented t o the Cham ber to determine their reaction. Ms . Pow ers s tated tha t she felt this wa s some- thing the dba (Downtown Busin ess Association} was also interested in; it was discussed at one of their meetings at which Mr . Beattie of the Chamber of Co mmerce was present , a nd he expressed an inter es t in it at that time. The on e-way co up le t on Hampden Avenue/Ithaca Avenue was considered. Mr. Ca r son s tated that he felt this is pre tty much u p to City Council at this time . Mr. Draper excused hims e l f from the meet i ng a t 8:30 p.m. Improvement of traffic patterns was d iscu ssed; Mr. Carson commented that if the one-way c ouplet is realized i t would solve a numb e r of the traffic problems . Mrs . Romans stated that she felt th e ma tter of traf fic is some- thing that should be discussed with the people from Design Workshop, Inc., who are doing the d own t own plan . Ms. Powers stated that she als o fel t consideration must be given to the po ss ible RTD Transit Center and other RTD plans . Mixed-use Zone regulations were discussed. Mrs. Romans stated that she felt this i t em would be taken care of with the r eview and r e vision of the Comprehensive Zoning Ordinance . Mrs. Pierson stated that she fel t some o f the more r e cent members on the Planning Commission might be in terested in hearing a presentation on the Special Permit System by Mr. Kirk Wickersham, who has dev e loped this system. Mrs. Pierson stated that Breckenridge is using this system. Mr. Ta nguma asked what other communities had mixed-use legislation on the books? Mr. Go ldstein stated that Arvada has a mixed-use provision as part of their Planned Development regulations. Mrs. Romans stated that she fel t the Co mm ission must consider whether or not something will work in Englewood , rather than whether it works _in another municipality. She • I • • • • • - -7- stated that any process that is devi s ed must be considered as to whether it is feasible and if it is going to be acceptable i n Englewood. Further dis c ussion e n sued. Mrs. Pierson asked that the staff con tact Mr. Wickersham and see if a meeting could be set up with Planning Commission s from Englewood and possibly one or two other jurisdictions if they ~e int erested, and that such meeting be set for May 12th if possible. General actions which should be taken by th e City were discussed. Mrs. Pierson noted that enforcement s eems to "s pring from complaints", and that if no one complains about a situation, nothing is done about it. Ms. Powers noted that Ms. Susan K~ng, Planning Assistant, is putting to- gether a "developer's manual", which would be a walk-through to be followed by developers interested in doing something in Englewood. Improvement of Little Dry Creek was discusse d. Ms. Powers stated that the flood problems on Little Dry Creek is one of the big problems facing the developers of a plan for Downtown Englewood. This problem must be addressed, and alternatives considered or there will not be any redevelop- ment in the downtown area. Ms. Powers stated that the staff is considering a couple of annexations to even out the city boundaries, one of which is along U.S. 285 between Cherry Hills Village and the City of Englewood. Another is along West Belleview Avenue, which may not be pursued at this point. Mrs. Pierson stated that she would have to leave at 9:00 P.M. Ms. Powers stated that she had a matter to discuss with the Commission prior to Ms. Pierson's departure; she stated that she had received a telephone call from Mr. Yurik, representing a fast-food chain, asking about a couple of locations for another fast-food operation. One of the locations Mr. Yurik expressed interest in was in the Core Area, and Ms. Powers stated that fast-food operations were not allowed in the B-1 Zone Dis trict, and that she could not support a rezoning request for that area. Mr. Yurik then asked about a couple of loc ations that are on the "fringe" of the B-1 Zone District, one being on South Broadway and Eastman Avenue, and the other being in the Dry Creek Shopping Center at Logan and U.S. 285. In both instances, it would require rezoning to allow the fast-food operation. Discussion ensued. Mrs. Pierson state d that she personally felt b et ter about the South Bro adway location than s he did about the U.S. 285/South Logan location. Mrs. Be cker cautioned that perhaps the school should be consulted about a fast-food operat ion i n such a close proximity to the high school. Further discussion e nsue d. Ms. Powers was asked to convey to Mr. Yurik that dev e lopment standards --landscaping, etc. --would be very strict and of high priorit y. Mrs. Pierson reminded members of the workshop for Planning Commission members sponsored by the Denver Regional Council of Governments, which is scheduled for February 21, 1981. It was determined that members should meet in the east parking lot of City Hall by 8:30 a.m. and carpool to the workshop. Mrs. Pierson e xcused herself from the meeting at 9:10P.M. Vice-Chairman Carson assumed the Chair • • I • • ,.. • • • .. -8- Mrs. Becker stated that she felt the matter of ene rgy c onservation is of prime impo rtance . Sh e noted that the Fort Logan Branch Post Office is being discussed for c losing; she noted that people wo uld now hav e to drive to another post office, whereas many of them we r e able to walk t o the Fo rt Logan branch. She s t ated that she felt things like this mu s t be considered. Mr . Bar bre asked ab o ut the Design Review Co mmit t ee; he noted there had been one me e ting of this group, and nothing fur t her has been do n e. Mrs . Romans stated that efforts to coo rd i n ate consideration of des ign review with the Design Wor k s hop project were fel t to be t he rou t e t o follow. Ms. Powers no t e d t ha t Mr. Ensign of Des i gn Wo r ks hop, I nc . will b e mak i ng a presentation to th e Planning Co mm ission . The p reliminar y p lan is due by J un e 1st, and sev e ral a lte rna t e p l ans wi ll be p r esente d. Ms. Powers reiterated t hat th e ma tter of flood i ng o n Li tt le Dr y Creek is the mo s t critical proble m facing them n ow. Mr . Tanguma asked if the Ci ty has l oo ked i nto what the ins uranc e comp a n ies wa nt a s fa r as flood c ontro l on Little Dr y Creek? Mr s . Roman s po inted ou t t hat t he Ci t y is i n the Flood Insurance Prog ram no w, and ha s been for several years since the ad op t i on of the Flood Plain Ord i nance . Ms . Pow e r s s tat e d that con s truction can be don e now i n the f loo d plain, but i t mu s t be don e t o certain criteri a and is very expens i ve; the flood control s tud y will look at this. I f the f looding potential on Little Dry Creek is controlled upstream, it would c hange the boundary of the flood pla i n in the downtown area. Mr. Carson asked if RTD s till wanted the Transit Center in Englewood? Ms . Powers stated that she understood that funds are available if the Ci t y of Englewood wants to proceed; the burden i s back on the City if they want RTD to construct the Transit Center. A brief discussion ensued. Mr. Tanguma moved that the meeting be adjourned. Vice-Chairman Carson declared the meeting adjourned at 9:20 P.M. • 0 I • • ( • • • - MEMORANDUM TO: Mayor and Members of City Council FROM : Andy McCown, City Manager DATE: March 11, 1981 SUBJECT: CONGRESSIONAL-CITY CONFERENCE The annual Congressional-City Conference, sponsored by the National League of Cities, was held in Washington, D. C., February 28 through March 3, 1981. Attending the meeting were Councilmembers Joe Bilo, Jim Higday, and John Neal and City Manager Andy McCown. The three councilmembers attended an all-day session on Saturday entitled "Policy Leaders Seminar for City Council Members." This all-day event was broken down into four major categories: effective lobby- ing, running effective meetings, assessing leadership styles, and austerity budgeting. Sunday was spent in various committee meetings which were open to all delegates. The committees are: Finance, Administration and Inter- governmenta1 Relations; Community and Economic Development; Trans- portation and Communications; Energy, Environment and Natural Resources, and Human Development. All featured panelists representing the admin- istration, congress, or other various facets of the federal govern- ment. The luncheon speaker was Mr, Murray Weidenbaum, Chairman of the Council of Economic Advisors. We also attended a late afternoon meeting of the NLC/SPEER Labor Relations Committee. The highlight of Monday's events was the speech by President Reagen. Before and after were various workshops on a variety of subjects. One of the most interesting was a session on tax-exempt municipal revenue bonds. It appears that there will definitely be some legis- lation in th e future placing restrictions on Industrial Revenue Bonds. Surprisingly, there seemed to be a general consensus from those present that some regulation in this area is needed. The morning of Tuesday was spent at Capitol Hill meeting with various legislato rs and aides. CML set up a breakfast meeting with Senators Hart and Armstrong and afterward we met with aides to Hart and also Repre sentative Ken Kramer. Senator Hart stated that he will probably be introducing some legislation in the near future which would liber- alize the requirements on issuance of mortgage revenue bonds. The central theme and overriding subject of the conference was, of course, President P.eagan' s proposed budget and tax cuts and their impact on cities. It was very clear, however, that at this time it is simply very difficult to gauge that impact as the specifics of • I • • • MEMBERS OF COUNCIL Page 2 March 11, 1981 .. • • • the various propoaals are simply not known. It is clear, however, that there vill be cutbacks many of which vill be detrimental to local governments, particularly in the larger cities. One would have to dete~ne on his own whether those cutbacks will be beneficial when looking at the larger picture and in the long run . We thank Council for the opportunity to attend. Attached are some various policy papers from NLC which will be of interest to you. pc Attachments • I • • • • • .. • • • 130 1 Pemsyl¥~n~a 1\>enue N w WOI/'Inglof1, 0 C 20CXl4 (202) 62&-3000 c-·NLcmes STATEMENT OF POL ICY ADOPTED BY THE BOARD OF DIRECTORS OF THE NATIONAL LEAGUE OF CITIES WITH REGARD TO Ollie., a: -...,..,.. ............ --- ----·-c-.c.--~~~ .. ~-.. -- PRESIDENT RZAG&~'S ECONOMI C RECO v~RY PROGR&~ 1981 CO NGRESSIO NAL-CITY CONFERE NCE WASHINGTON, D.C. FEBRUARY 28 , 1981 ....~.,.,....,-'ll ..... OO :,._,.~ :o~>oiiOI' ..... .._, • ....._..,rq __ _. W ¥.VW•r.. ...... •,th?'l~~ ... 0.-")•....,.11!"---i•M-S,.•-III 'Hoo~·o.t.c ..... ~~ .. t ..._!•Kl.."•e Jw.., -~,c..,..:; . ..,..&~_...,_, :~~0'1C!Or ...,.c .. ~~.,.,. ... ,~.c_,...o,ea.cc. ... _ J.·--, • .., . .__owa.c~~ ~~"""' -,,,,.""--J.c~.:.:..-.~ ~.;:;:,~~~=-~= ~~ ~z,::.:·. ~!:::~=-~ t:-;~.:: -~=: :__"-LO:,...~~.::.'"'::.:.:;.~·!;_-=. ~-L~~~ ;;: ..._. ......... L16t!-.;,.,._....,,4QIIt .._.•tca •IIIWI!* .............. :Jo.II"' ... .,..O....,_•or<t"._..,...,._. .. ~(~er;u: • .,.-J:riC'!OI'Se .. l"C .. ciJ~·L"9'wf 'I!!.._N ..., ... ~I.ot ,_\Jl"tW".-==~.;,-::= .~;~~-~o.~...-:=~~l~.;.: ~~"::~:: ~~..:!:.o.C:~:~":':,~':';;~::;:;'!=.~~~~~~:~~-;::-~s;~: ._. .... C:O •'••T..,....e,Y t r.J# ~•li"''\otl'l '<""C~·--F ._.,fi i.(A.CUII¥"0..K~ ~.K~~.N9-4 ;t l~-·0... .. 11 W,......oNol.Ma\00 J!•flf'O C..tor,...•O....Io,v......,_, :_,tt .... •C ·to:~ A··-· -·- • I • • ........ • • • • • • .. President Ronald Reagan has proposed a broad se t of policies to achieve national economic recovery: policies designed to stimulate healthy economic growth and improve productivity, reduce inflation through tax and spending reductions, restrain the growth of federal spending, and reduce the regulatory burden on the public and private sectors. The National League of Cities applauds the President's leadership and initiative in addressing our principal national priority, a sound and viable economy. Clearly a bold and profou~d set of policies is needed at this ti~e. We note that the combi- nation of economic strategies proposed by the President represents a departure from previous federal economic policy; ~ut the per- sistence of double digit inflation, record high interest rates, high levels of unemployment, and declining rates of productivity requires new approaches. While some of the Presiden~'s premises represent new and untested areas of policy, NLC feels that the underlying conditions warrant the charting of a new course. To this end, we pledge our support and cooperation to the President . The National League of Cities can speak with confidence on several aspects of the President's proposed policies. Our membership supports, as a general principle, both personal and business tax reductions, restraints on the growth of federal spending, and reduction of the regulatory burden on cities . • I • • • • ~ • • .. 2 The National League of Ci ties strong l y endo r s es two of the major ob j ectiv es of the Reagan Admin i stration: fi rst, to restore the productivity and competitiveness of the American economy; and second, to bring greater clarity and responsibil i ty to the federal system. There are several aspects of each of the economic components where we may differ or offer constructive guidance to improve the President's proposals. As a general rule, NLC supports, and we hope the President and his advisors do as well, the following concepts. (1) Where the role of governments, especially that of the national government, is fundamentally altered, the impact upon state and city governments will also be f~,damentally altered. If the Federal Government withdraws from a particular f unction or fundamentally changes its relation- ship to the fulfillment of that function, it is unlikely that city government will be able to fill the gap. The facts of life in local finance, with a majority of states having tax and expenditure limits and ~any cities without authority or capacity to respond, mean that some functions will be terminated, and in other instances ~~e level of services to citizens will be reduced. (2) If cuts in programs to achieve overall b~dget restraint are necessary, and it appears they are, these cuts should be applied fairly and equitably. NLC's membership has • I • • • • • .. 3 consistently supported this principle. However, a wide range of vari ations in proposed program reductions causes NLC concern. ~LC strongly endorses the President's commitment to avoid budget reductions that would adversely affect low income people. People at or near ~~e survi v al level in our society cannot be expected to sacrifice in the cause of balanced budgets. NLC will continue to scrutinize and speak out on the Admin i stration's proposals to insure that this commitment is ho no red throughout the budget process. (3) Local government officials should be involved in deter- mining the rela~ive worth and effectiv eness of any one program of federal assistance. Their assessments should be given major weight when a choice between decisions is made. (4) Where programs are eli~inated or significantly altered, adequate transition time to adjust to resulting changes should be provided to cities. ~ost state-local legal and financial s y stems require balanced budgets, pro- hibit or limit debt financing, and preclude adjusting tax rates during a fiscal y ear. National policy should recognize and acco~~odate these realities. (5) Where major shifts a~e intended in the pattern of responsibilites among levels of governments, a corre- sponding shift in the resources necessary to finance • I • • • • • 4 and carry out these res?onsibil ites must simul taneous ly be made. Consonant with these princi ples, NLC offers the follow ing constructive suggestions to strengthen the President's econo mic program. TAX R£DUCTIONS The National League o f Cities endorses substantial tax reduct i ons as proposed by the President; however, we believe these cuts shou ld be targeted to the maximum extent practicable to stimu late savings and investment and to discourage added consumer demand that would contribute to inflation. There is a need for both personal and business tax reductions. Personal tax cuts are needed to offset higher social security taxes (already in effect in 1981, with further increases sched uled for 1982) and the impact of inflation pushing citizens into higher tax brackets, and to stimulate savings and investment. Without such reductions, higher taxes will reduce urgently-needed real growth in the economy. The precise timing and amount of reductions should depend on the growth of the economy and accompany ing efforts to reduce inflation. Business tax reductions are also needed, to help spur capital investment. However, NLC fears that the progr~ • I • • • • • • .. 5 as dra f ted will encoura g e indus t ri a l fli gh t from c e n tral cities. We are also concerne d ~,at the accelerated cost recovery system proposed b y the Pres i dent lacks two essenti al elements: first, additional incentiv es to stimulate new investment in existing urban are as; and second, incentives to modernize the substantial commercial and industrial plant in such areas. The result could be a continuation of past policies, encouraging the flight of capital and economic activity from built-up urban centers to the fringes of metro- politan areas, exacer~ating ~~e wasteful process of suburban sprawl that weakens urban economies, wasting scarce energy resources, neglecting the Nation's old but still useful public infrastructure, and raising t~e cost of providing needed public services for the newly-b u ilt f a cil i ties. SPENOI~G RE DUCTIONS The President's spending cut p roposals would produce a major shift in federal budget p r i orities in just three fiscal years: between fiscal years 198 1 and 1984, defense and certain social entitlement programs (social security, veterans and unemployment benef i ts, and cash benefits for dependent families, elderly , and the disabled) would command 73 percent of the federal budget; all other programs, excluding interest costs, only 18 percent. In dollar terms, spending for these other programs would be reduced from $193.2 to $142 billion . • I • • • • • .. - 6 NLC believes that t h is ra p i d ch a nge is too d r astic for many local governments. The curren t level of federal s u p port for local services has been ~uil t up over several decades ; it cannot be so quickly reversed without a dramatic reduct ion in the public services ~~at our citizens demand. Furthermo r e, we would caution against such a drastic change in the level of support to local governments before the overall benefits of the President's economic program--higher economic growth, reduced inflation, and reduced mandates and regulatory b u r- dens--are realized, thus strengthening the ability of local governments to assume additional burdens. NLC recognizes that federal support is not warranted for state a.nd local programs in ·..,hich the Federal Government does not have a dominant responsibility. It is unreasonable to expect the Federal Government to continue fin~~cial support for programs which can be financed at the state and local level. At the same time, withdrawal of federal support for state and local responsibilities must be accompanied by correspond ing federal support for clearly national respon- sibilities such as income maintenance and health care, and by s hared federal tax revenues, as promised by the President . NLC believes that the Administration has missed a major opportun ity to propose major reforms in the indexing of entitlement programs. These programs will continue to grow rapidly and, together with rising defense spending, will • I • • • • • • .. 7 ove r time sharply reduce funding for discretionary and blo k grant prograre ;. There i s widespread agreement that the growth of these programs can be moderated without inequitab e treatment of current and future beneficiaries. Such proposals a s mo difying the consumer price index and combin ing indexation with discretionary contro l can save bil l ions of dollars and reduce the need for the high levels of program cuts proposed by the Administration. We urge the Congress to develop and enact such proposals. In addition, the Congress should carefully examine the many tax expenditures, costing b i llions of dollars, that have outlived their basic purposes,giving special attention to those expenditures supporting unneeded and wasteful activities. The Administration has carefully scruti nized the spending side o f the budget to eliminate wasteful activities; we believ e that equal attention should be giv en to t h e tax expenditures which, like direct s p endi ng, serv e to increase federal d eficits. With respect to major u rban programs, NLC urges the following: General Revenue Sharing -NLC a p plauds the Presid ent for maintain ing p lanned federal support for this program . Commu nitv Develooment 3lock Grants -UDAG-EDA -NLC bel ieves that the CDBG program h as proved its effectiveness since its enac~~ent in 1974, financing a wide range of community develop- ment activ ities benefitting low-and moderate-income people • I • • • • • • .. and deteriorating nei g hborhoods . We do no t be l iev e, however, that the program should be requ i red to f i nanc e UDAG, rehab ili- tation loans, and weatherizat i on activit i es as well, as t h e President proposes, without a reasonable funding increase. If ~he P~esident's proposals 'are adopted, the overall level o f community and economic development activ ities will be substan- tially reduced. NLC also bel i eves that the EDA program, which like UDAG stimulates priv ate investment and creates and maintains employ- ment in needy areas, should not be terminated. A modest cut in funding, accomp~~ied by a restructuring to concentrate its resources on communities with very high unemployment, should be considered. In addition, we believe that EDA assistance should be preserved to provide economic development infra- structure that will be needed in connection with the urban enterprise zones program, to be proposed later by the Admin- istration. Housing Assistance -NLC opposes the President's cut of 35,000 Section 8 and public housing units ; rental housing is a critical problem in nearly every locality, with virtually no unsubsidized units being buil~ except under these ~UD programs. We s upport , however, the proposal for higher ~ent contributions f~om subsidized housing tenants, if limited to higher income tenants; and the temporary reduction in public housing modernization funds. • I • • • • • • .. • 9 CETA -NLC does not o ppose te r minat ion of the Tit:e VI cyclical public service employment progr a m. However, we do not believe that the Title II-D struc tural PSE program s hould. be terminated at this time: this program serv es marginally employable individuals who are highly unlikely to find unsub- siQized employment at this time. T~is progr~m should. not be phased out until the econo.nic benefits of the PresiC.ent's program are being realized. We urge the Congress to preserve the Title II-~ program . Mass Transit -NLC opposes the PresiC.ent's proposal to phase out the mass transit operating subsidy progr~m. In passi~g t~e wi~C.fall profits tax, Congress co~mitted a sub- stantial portion of those tax revenues to mass transi~ to help conserve energy by reducing reliance on the automobile; termi- nating the operati~g subsidy program would reverse that commit- ment. In a ddition, it should be noted that in recent years, states and localities have been paying an increasi~g share of operating costs relative to t.l-Jose of the Federal Government; terminat i ~g t.l-Je already low federal contr i bution would merely shift t h e cost of t~is national priority to local governments at a time when l ocal resources are severe ly limited . EPA Wastewater Treat~ent Grants -~LC supports reasc~able fundi~g reductions in this program and t~e restriction of grants to environmentally necess ary projects. However, we believe that two esse:1tial program refor:ns s hould be adopted: • I • • • • • • • • • 10 ~. a f n c i n g mec ~ani s m s h o uld be deve lope d to permi t fast-n ovi ng states to fund their p r oj ects; a n d second, a priority should be g i ven to pro j e c ts needed to comp ly with federal 3 tandards or court orders. Local Energy Block Grants -NLC strongly supports the concept of a local energy block grant program, funded by the consoli d ati on o f existing federal energy state/local categor- ical grant programs (less reasonable reductions for consolida- tion of admin istrative costs). T~is program s h ould be a direct federal-to-local block grant program. REGULATO RY RELIEF NLC strongly s~pports the Pres ident's commi~~ent to provide regulatory relief. In the last ten years Federal mandates on state and local government have increased five fold, from approximate ly two hundred to o v er 1,250 . This has c~an g ed local priorities and limited pub li c policy outcomes, signi ficantly increased local taxes and the share of local budgets de v oted to carrying o u t ma ndates , and in ma ny c a ses has resulted in marginal public benefits. In a time of restraint and n ew directions, there should b e fundamenta l r eform a nd relief fro m these bur dens . The Pr esiden t 's freeze on pending reg ulations has already had a po siti ve impact on local govern- ments. NLC will work closely with Vice President Bush, Chair- man of the Task Force on Regulatory Reform, to modify and • I • • • • • • • .. - 11 eliminate the numerous unnecessary regulations affect ing local governments, and to develop a comprehensive fed eral policy on mandated costs on local governments. MONETARY POLICY NLC is concerned with the President's assumption that the growth rates of money and credit will be steadily reduced by the Federal Reserv e Board from 1980 levels to one-half those levels by 1986. At a time when local governments will be faced with substantial c u ts in federal support and greater need to borrow funds, such a substantial tightening of the money supply will make it extremely difficult for local govern- ments to do so at reasonable rates. If s u ch a tig htening is to occur, we urge the Admin is tration and the Co ng ress to make necessary improvements to t h e municipal c ·edit markets by permitting commercial bank underNriting of reve nue bonds; such action would reduce municipal borrowing costs by in- trod u c ing needed competitiveness in the revenue bond under- writing process . • I • • ,.;In • • .. NATIONAL LEAGUE OF CITIES LEGISLATIVE WOR KSH OP TAX-EXEMPT MUNICIPAL REVENUE BONDS MARCH 2 , 1981 In recent years, t he vo l ume and scope of use of tax-exempt industrial development bonds (!DB's ) have expanded substantially raising concern that the Congress may act to limit their issuance. The main concern is that IDB's are being issued indiscriminately without careful attention being paid to whether they serve a legitimate public purpose, while at the same time costing the Treasury consid- erable losses of tax revenue. Examination of IDS's by Congress may also lead to closer inspection of all tax-exempt financing, particularly since legislators will be searching for ways to raise additional revenues to help balance the federal budget. Greater federal control of municipal revenue bonds would represent a serious intrusion into municipal finance, which most state and local government officials have heretofore regarded as their exclusive province. While new legislation might curtail some clear abuses, it may also severely limit the uses of tax-exemption for purposes that are now considered legitimate and proper. From the federal perspective, however, the issue is whether and under what conditions the Federal Government should bear revenue losses to subsidize the borrowing costs of private industry without exercising real control over these tax expenditures. Background. Municipal revenue bonds are tax-exempt bonds issued by states and local governments for a variety of purposes. They differ from traditional general obligation bonds (GO) in that revenues from the projects financed, and not general tax revenues, are used to service the debt on the bonds. They are generally not backed by the "full faith and credit" of the issuing agency, as are GO bonds. IDS's are revenue bonds issued on behalf of private businesses that allow them to borrow funds at below-market interest rates. Interest on all state and local government bonds has been exempt from federal taxation since the adoption of the federal income tax in 1913. IDB's were first authorized by the State of Mississippi in 1936, and their use was mostly limited to a few southern states until about 1960 when their use mushroomed. Alarmed by the growth in the volume of !DB's, in the Revenue Adjustment Act of 1968 Congress placed limits on IDB's which remain in effect today. Tax-exempt !DB's may be used to finance only residential housing, sports stadiums, trade show and convention centers, airport and port facilities, sewage and solid waste disposal facilities, air and water pollu- tion control equipment, facilities for the local furnishing of electric energy, gas, and water, and industrial parks. However, the 1968 Act also permitted the use of "small issue" IDB's for any purpose . • I • • • • 2 Under existing law, small issue lOB's may be used to finance ~ny type of facility as long as the bond does not exceed $10 mill~on and the total expenditure on the facili t y does not exceed $10 million for a six-year period. If the pro ject is located in a distressed area and ass i sted by UDAG funding, this capital expen- diture limit may be increased to $20 mi ll ion. There is no c a pita l expenditure limit on the facility i f the bond is for less than $1 million. Current Use and Criticism. According to the Daily Bond Buye r, a total of $46.3 billion in long-term tax-exempt bonds was brought to the market in 1980, 9.5 percent above the 1~·q level. This record level of volume is remarkable in a year .• en interest rates reached historically high levels. Revenue bonds represented nearly $30.0 billion or 64.8 percent of the total. This rapid growth presents another reason some Members of Congress have become concerned about municipal revenue bonds. As recently as 1970, revenue bonds were only 33.6 percent of the total market. Thus, in just ten years revenue bonds have switched places with general obligation bonds as a share of the municipal bond market. Despite the criticisms that have been leveled at bonds used for private business, only 3 percent of the 1980 total was issued for that purpose, with another 6.3 percent for pollution control. The single largest category of volume was for state and municipal housing finance, 29.4 percent of the total. There is evidence, however, that small issue lOB's are greatly under-reported, since many such issues are privately placed without underwriters. An unpublished (and unofficial) survey conducted by the Congressional Budget Office indicates that between 1975 and 1979 the actual volume of small issue lOB's was four to five times higher than the amounts previously estimated, with 1979 volume reaching $7 billion. In addition to the substantial loss of tax revenues to the Treasury, critics of lOB's argue that their use has widely diverged from their orig i nal purpose of attracting industry and jobs to depressed areas. Forty-seven states now permit small issue IDB's and most permi t their use for commercial as well as for industrial purposes, wh ich some critics find objectionable. Only a few states that permit commercial u ses limit them to areas that are designat ed for redevelopment. In addition, horror stories abound concerning the use of lOB's for building doctors' and lawyers' offices, tourist facilities, variou s recreation facilities, suburban shopping centers, corporate h eadquarters, and retail establishments in healthy business districts. • I • • • .. 3 Critics also complain that local governments often lend their ri~ht to tax-exemption to any business that asks for it without further involvement in the project. A related criticism is that lOB's are not used in conjunction with overall community develop- ment plans or to enhance the community's employment base; they merely shift jobs from one locali t y to another. Cur rent Status. In his FY 1982 budget President Carter proposed three new ~nitiat iv es to limit revenue bonds. The first would prohibit use of tax-exemption by non-governmental ax-exempt organizations (e.g., hosp itals ). The second would eliminate the financing o f student loans with tax-exempt bonds. The third would restrict the use of "small issue" lOB's to smal l ~ndustrial businesses with assets of less than $10 million, with a lifetime limit of $5 million per business, or to any business located in "targeted distressed areas", up to a lifetime limit of $10 million per area. In addition, this last p roposal would require state or local government issuers to make matching payments to the projects. It is not known whether the Reagan Administration will endorse these proposals, but Secretary of the Treasury Regan has indicated that the Administration may seek to limit the use of tax-exempt bonds. Congressional activity is likely to begin first in the House Ways and Means Committee whose members feel more strongly about the need to cut the abuses of tax-exempt i on than has so far been indicated by their counterparts on the Senate Finance Committee. As city officials know, the Ways and Means Committee acted last year to curtail mortgage revenue bonds. It is too early to know what proposals might be introduced . Moder- ate proposals include requiring reporting of all lOB sales, limiting lOB's to only new investments, limi ting them to only targeted areas , and setting state ca p s on total vo lume. Whatever proposals are advanced, the congressional debate will li ke ly center around the concept of "public purpose" and whether current uses of tax-e xemption advance public purposes. A related and equally difficult matter to s olve is drawing the statutory line between p ro j ects that cannot proceed without the use of tax-exemp- tion and inve stments that would be ma de wi thout tax-exempt bonds. NLC Policy. NLC policy states that the "authority of local govern- ments to issue tax-exempt mun icipal bonds to be used for legiti- mate public purpose s should not in a ny wa y be reduced or constrained by the Federal Government". The policy also states, however, that when using lOB 's for commercial or industrial projects, the issuer must remain associated bo th functionally and financially with the obligations created, and that it must be part of an economic and physical revitalization p lan. • I • • • • • • .. 4 NLC opposes all tax-exempt pollution control bonds when the activities they support bear no relationship to municipal services. The policy supports mortgage revenue bonds when they aid urban revitalization or help persons who otherwise could not afford to buy, rent, or rehabilitate housing. NLC believes that legislation in this area would be unwarranted. lOB's issued for private businesses comprised only a small portion of all revenue bonds issued in 1980. State legislation should be relied upon to curb abuses in this area. Key Committee Members House Ways and Means Committee Dan Rostenkowski (O-IL), Chairman Sam Gibbons (D-FL) J.J. Pickle (0-TX) Charles B. Rangel (D-NY) William R. Cotter (D-CT) Fortney H. Stark (D-CA) James R. Jones (D-OK) Andy Jacobs, Jr. (D-IN) Harold E. Ford (D-TN) Ken Holland (D-SC) William M. Brodhead (D-MI) Barber B. Conable, Jr. (R-NY) John J. Duncan (R-TN) Bill Archer (R-TX) Guy Vander Jagt (R-MI) Philip M. Crane (R-ILl Bill Frenzel (R-MN) Senate Finance Committee Robert Dole (R-KS), Chairman Bob Packwood (R-OR) William V. Roth, Jr. (R-OE) John C. Danforth (R-MO) John H. Chafee (R-RI) John Heinz (R-PA) Russel l B. Long (D-LA) Harry F. Byrd, Jr. (O-VA) Lloyd Bentsen (D-TX) Spark M. Matsunaga (D-HI) Daniel Patrick Moynihan (D-NY) Ed Jenkins (D-GA) Richard A. Gephardt (D-MA) Thomas J. Downey (D-NY) Cecil Heftel (D-HI) Wyche Fowler, Jr. (D-GA) Frank J. Guarini (D-NJ) James M. Shannon (D-MA) Marty Russo (O-IL) Donald J. Pease (D-OH) Kent Hance (D-TX) Robert T. Matsui (D-CA) James G. Martin (R-NC) L.A. Bafalis (R-FL) Richard T. Schulze (R-PA) Bill Gradison (R-OH) John H. Rousselot (R-CA) W. Henson Moore (R-LA) Malcolm Wallop (R-WY) David Durenberger (R-MN) William L. Armstrong (R-CO) Steven D. Symms (R-ID) Charles E. Grassley (R-IA) Max Baucus (D-MT) David L. Boren (D-OK ) Bill Bradley (D-NJ) George J. Mitchell (D-ME) • I • • D . . • • • • • • 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 (,A SUBJECT -Mass a g e Pa rlor App lication Soon Ye Scott , 280 1 S. Broadway INITIATED BY ____.!Cgji,£tLJ;vC;ll£;err]!k.__ __ ~f7~_"' \]~6tw~~-z,z~/A~~~·:Q::L1.::::::... __ _ ACTION PROPOSED __ =S~e~t-~Pu=b=~lL~·c~H~e~a~r~i~n~g~D~a~t~e~a~n~~~Es~t~a~b~l~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 another 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. RECOMMENDATION: City 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 • • 1. 2. 3. 4. 5. 6. 7· 8. • • .. - CITl OF ENGLEWOOD APPLICATION OF HEALTH THERAPY FACILITY All answers must be printed in ink or typevritten !lame of Applicant (a) 5"£1 D"" Ye e. 5'c o i /---~~~~~.~~~--~~~~-------------------------- ~adellame. __ Lllc~~~~kd~~C?~v~;~c~n~~~~~/ __ JC;~~~~~~D~------------------ Address of place to be licensed =-:::2':"""~1.,_· _,O""'-'/.._. ..... S.r.....:. _ _,Q""'",._C.......:::;~'..;;"";;;::1=c/.::;..;:id:::;...:o<"1t/--=Eng:::al:.e::.;v;;.;:o;..;:o:.::d:.~,_C.::.0::......:8;..;:0:.::1::1c;:;O_ Street I Do you possession of the premises for vhich this application for license is made? __ ~~~~------------------------------------------------------------------- Are the premises ovned or rented? lc;_c:secb If rented, from vb0111T £de., IJE.fr:ro,=iSes, , Is the applicant, or any of the partners, or any of the officers, stockholders or directors of said applicant(if it is a corporation) or employ~es of any such,~er the age of tventy-one years? YES NO __ ~------- Haa the applicant, or any of the partners, or any of 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 constitute a felony if such crime had been committed in the State of Colorado? If so, s~e full details YES NO ___ ~------ Has the applicant, or any of the partne rs, 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? YES NO ~ If the answer is yes, explain fully (attach separate sheet, if needed) ----- 9 .. If the applicant is a PARTNERSHIP, answer (a) and (b) Home Address (Date of Birth) (a) Name City (b) ~fue n Uid said partnership commence doing business? ___________________________ r (Except husband and wife partnership) • • I • • • • • • • .. • . ' 10 . If the applicant is a CORPORATION, answer (a),(b),(c),(d),(e),and (r) (a) Organized under the laws of the State of __________ _ Date ______ __ (b) Principal business is conducted at ________ C.ounty or _________ __:State of ___ (c) Date of filing last annual corporate report to the Secretary of State ______ __ (d) HaDe Address Date o f Birth ------------~Pres i de nt ___________________ ,, _______ _ _____________ v. Pres·------------------------------------------------ -----------~Treasurer ____________________________ _ -----------~Secretary _____________________________ _ -----------------~Manager _________________________________________________ __ (e) List all stockholders owning or controlling 10% or more of the Capital Stock of the Corporation. (include actual owner or pledgee) Use separate sheet if needed. Percent of Name Home Street No. & City Stock owned Date of Birth (f) List All Di rectors-Name Home Address Date of Birth 11. If business vas purchased, from whom? ___________________________ _ Date purchased ____________________________________________ _ • • I • • • • .. - (The follov i n g a ffidavi t to be signed and ac kn ovledged by i n div iduals and each member of partnerships and by Co rporation.} STATE OF COLO RADO v . County o f_a;:;.J,'--'1._.:l..loa"91~?4 .... Lu.. ... '-!oob.l"---<=-<=---·ZO-fbt U, d.--r:e and , be i ng by m~st duly svorn, if fo r hims elf , de poses and says; that he is t he appl icant above named; or that he is --------~~~~------------- (Title) of the above named corporation; that he has read the foregoing application and that he knows the contents thereof, and that all matters and things therein set forth are t r ue of his ovn knovledge and he 88rees to conform to all rules and regulations promulgated by the State Departme nt o f Re venue in connection therevith. Subscribed and svorn to before me Corporation sign here (Corporate Seal} Attach Seal ... ~ Commission expires Q4 7 lt2 IV.fb c:/ I (Corporate Name) (President or Secretary) By REPORT AND APPROVAL LOCAL LICENSING AUTHORITY The foregoing application has been examined and the premises, business conducted and character of the applicant is satisfactory, and ve do report that such license, if granted, vill meet the reasonabl e requirements of the neighborhood and the desires of the inhabitants, and complies vith the provision of Title 12 , Article 48.5 CRS 1973, as amended and City of Englevood Municipal Code Title 9, Chapter 7, Articl e I. Therefore this application is hereby approved. Dated at ______________________ This ______ ~Day of __________________ ,A.D. 19 ____________ _ City of Englewood By: _______________________________________________ _ Mayor Attest: __ ~~~~------------------------------------------City Clerk • • I • • ~GIIOUNO IHI'OAI&ATION RE PORT City of Englewood 3400 South Eleti Street Englewood . Colorldo 80110 • • - T • le l'ol"t ... ly """'•- 1\ASSEUSE/~\ASSEUR APPLICATION o., ct ...,'• om ... ------ T-ef Atop llcoll------ A4Ire•Jl..cett ... ------ Ooto ef Atopllcet l .. ------ 1, .._ _......;:Su;c.;,~o.u:t.;~;t ... .__ ____ si:IJOoo~nl:v~eueL _________ 2. _ ,.,.,..._, __ _;9:....::.3...:4_-...:1::.;9:..0:....::.3 ______ _ .... ........ ..... s ..._ A44r. ... __ ......,5:-=2:.::8:!:8~.!:W:::!e:..!s!!..t::.....~C:!:e:.!n!.:t!::e=r.J.,~La~k~e:,::w~ood::::::~·.-::C~0~4• I'~ _____ 1~9=-7~5 __________________ _ ~ c--• o.---~Ma=:::s..::s:..::a:..u=s..::e:_ _____________ ~ Self-Emp loye d E.,.a., ... -----~-.;;.__ ________ _ a. ........ A.Nre•• ~lit We•~ 'lo•e1 •0 Denv•r co I ... 1-oo Te ......... _ _;9z.ol).!I4L;:-:.J6iL41.:14..,.1,__ _____ _ • ,....,_,., '-' ----11'1'48aFFilt..l .. 81---le. """'•_.• •-•• ---'""""'nur;,oe-a"'nl.... ____ ll, S..lol S..wlor-.., 524-52-62 3 0 12. ..._.._,., ......... --.:5~' JJO~..,;";_ ___ 13. ~flc•f• •••th~a: ___ 1._..0"'0.__ ____ 14. Heir Celer. _::B:::l~a=C:.::k~--------- IS. Er• C.lwo ___ BIIJir;~cwn;a~ID. __ M. AHJ ••-•'• ...... ef ••••• _....£llt .. o .. rlo..SOe'-'aL-__________ '""· c.t ,.__.,.;p, _ _;U~·..:S:..·:..A:.:..:• __ v. ,....,_,., 0... of .. ..., August 2 4 -19 36 11. Dr 1 • .,•, La ...... N_._, _......:Y~6!!..:5:..:6!..1~0~9!:-______________ _ "· a.-.t •·-,_ Dr,_.. u.-.. , Colorado ~.IIYeo,lteN.._.,~~Whro----------------------------------------- 22. Ltct All""-"'"' cu ...... ,,._.,,..., 11-••oorrl ----------------------'------------ Lht ....... WheN~ .. ,._, DtopeoiMonl'------------------------------------ D. Llot All Ciwll ActiM '--1-t (IIMI ... ioot 4t ... oo) Alont With N-o ~ A4*eoHo el All liM-to, o ... ,, 1'1 ... , ...4 c.,.,,, el Acll•: ---- 24 Appllc..,t'o ....... •I MIIIN<p Swvlce (11-llco~t.)t -------------------25• T-el Swvt ... --------- ». T,,. ef D•.ch• .. : _________ 27. Date ef S.l"lrotlen.,. Otach ... ge: -----------21• Where?s -------- 2t. Servtce NuM.n ---------•· Llat AU Prewleua Stet•• Real4e4 With in (inciU:.I,. •llilery a•vln): ------------- 31. St•t'"• WI. eu,,.,., E-.r.,_...t, Lfat All F.,. P•at Ten Ye•a: eddreaa position Far East Massage 16211 East Colfax owner 1961-1969 Far East Massage 769 West Littleton Blvd owner 1969-1975 .Snzy WoRt Ox:iental Batb 3154 West Alameda own&r 1915 present 32. II E•• Olach ... eM Fr .. • P••hlon, Stet• Where, When Oftd R•eson: ----------------------------- 33. ...,._ .t v-• •' Scheel A~c.. 3 years 34. Dlpt-., Dor-A-"-"• __ ...Jnw.;Ou;n.l.!e~------------ s, DeN Do.4ooe .... f,_ ttl ... 5choMo --..!N:!L/£A~-----"· ..._ el Scheel F,.. Whlclo G..MuoN4 .. Loot,.,_.., --------- 37. U..•• .. s------------------------------------------- .. Liot ._. llel.,.....o •I Atopll-t ~ s,-oo (II 411-tl• -e44Nu Nloph•• type of_.._, on4 _._54 6 9 7 5 National Bank Federal & Alameda Denver, CO 80219 savings/checking • • I • • • • / I I • .ouNo IMf'OitMA TION REPOIIT .I I . I. l ot n.. .. ~It • .._ • ., -...... ••• ~·at r e f e r e nce• --· • • • ......._ .. ....._ ·---• Beatrice Schlpte R.N. A.N.P. 2291 S. Bryant St Denver, CO 12 year • Blair Fedd4r 6840 S. Univeraity Blvd., tlA, Littleton, CO 7 7 9-6 770 Ralph Cp11iater 6840 s. University Blvd., tlA, Littleton, co 7 7 9-6 77 0 •'·'• ,_ ......... ~ • ._.,, _ _::own:.;::.::.:.d==e;.::d;__ 4 11 ••Oo4. ,_ ..._. ---------·"' --------- .. ...._.. ------------'0.'• •-•··-·• ~· __ .~y.~~e .. a._ ____ .._ ..._.._..,.--Guaranty Bar ........ 817 Seventeenth St ... .--, ___ 5~7~2~-~1~6~6~1&_ ______________________ ___ u. "•-......... •• o_._ ..... .,. c-... .....,., v-_. ..._., r.-,$90 1 000. 00 f take a: $11 000. 00 •""' ., Ntel H ...... ._. dlf 3154 West Alameda Denver, Colorado 80219 47. Heo A"llc.,.t !-Uoe4 Aftr o .... , N-(al: --.ul'------------------------------ If A,tphceltle. L i at N ... (a) U.M, When en4 Wh•••= -------------------------------- 41. MeW.,. "-•' s.-•• •• ...... .,.,. ,...,,.., •• ., •• eppllceW•h ------------••· '-••'• full "-• Jo•eph L. Denver, CO Scott 50 • ._ .... Plec• ••••""' _____ ...;:,::.:;;,;.::.=..!....-=.:.._ ______ 51. '-••'• DetooiBtrth: August 13. 1941 Oe, Stole 52. Methor'a Full H-• __ ..;S::ass.Ji.-JC..:.chi£QL. ___________ 53, o.,. ol ~~,,,..., --~J:.!un~e:::.....!6~,t.......!l:..:9:..:0~6-------- 54. f•-'• Full H-1 ---===-------------55, Dote 0 1 Blrtho ----------------- 54,11 ...... .w ....... H., ..... ""'"''· ........ Holr ColO< ..... e,. Color........ Caucasian, Male. 6' 1". 185 lbs I 57, l.ht Ho•elo), Deto(o), Ploco(a) ol Birth oo4 A44rou( .. ) of All Ch114roo l lvll-...... ~ ..... cvnent .... aa Kim Scott 10 years old 5288 West Center, Lakewood, CO I • • • • • • I NFORMATION CON TI NUATION 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 fn a rejection of this a lication or revocation of license for which applied. Sworn before me this ~ by ,-5;,.-,;ntL R... .~&tf: frclme of<%ppticant pp day of ,..,./lec . .qn/Nr . 19_EQ My c011111i ss ion exp1 res,...:.)}~'Lt.:.d~..~:lh'"'-~<£~/l.L-'I.f..J.'1~ SEAL • Date I . • ( I / ,. • • • • • ,. • RESULTS OF IIVESTIGATION POLICE LAB Com pl e ted by : __________ _ Dat e : ---------------- ( ) Fin ger prints ( ) Pho t og r aph C~nts : _________________________________ __ INVESTIGATION DIVISION Investigator: __________ __ C~nts: ___________________________ _ ------------------------------------------------- OFFICE OF THE PO LICE CHIEF Investigation has been reviewed: ) Approved Chief of Police CITY OF ENGLEWOOD • ( ) Disapproved I . • • • • • - SUPPLEMENTAL FO RM FOR HEALTH THERAPY APPLICANTS DATE: Qecemher 1 0 . 198 0 Nue of Business: NEW TOICYO MASSAGE Business Address: 2801 South Broadway, Engl-ood, Colorado 80110 Holle Address: 5288 Wett Center, Lakewood, Colorado, 80226 Trade Name of Business :_.J:N!.!iEi!!W!....!'t,~O:!!K~Y~O~MA~S::,:S::,:AG~E~------------------ List all promissory notes and debts greater than $500.00 of the applicant Alnount Name of Creditor Address of Creditor For what was debt incurred Date debt incurred Is debt secured $50.000.00 (appx) Guaranty Bank 17th St. Denver, CO Purchase of Home 1975 Mortgagl\! I : ·~-------------------------------------------- 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: ___ ,.:,S_l..:.,_2_o_o..:.'..:.O..:.O.....:..p..:.e_rm_o_n_t_h~(:_l_e_a_s_e:....:) __ _ (b) Payments for all fixtures: none ~------------------------------------------- (c) Payments for a 11 furniture: none ------------------------------------------ (d) Payments for all employee salaries: unknown at this time (e) Any additional expenditures : Utilities -approximately $120.00 per month 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 • • • • • • .. - / /: SUPPLEMENTAL FORM -2- Sta t e name and add res se s of all other persons or e ntities having any type of interest in the proposed bu s iness wh ich ha ve not already been mention ed and indicate the nature of the interest therein. Joe Scott 5211 We•t Center l A kewood Cnlnr•do 80226 (Span•• at •ppljcant • aarital propert¥ interest) Has the applicant or any person or entity having any interest in the business been adjudkated bankrupt, entered into a "wage-earner plan" pursuant to Chapter XIII of the Federal Bankruptcy Act, or made a general assign.ent 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 Til THERAPY rAC IL ITY /OPI:.RATOR LI CENS E APPLICAN TS ONLY, Answ er the foll ow 't.'J questions: Describe in deta i 1 the Building contain ing the premises to be 1 ken sed: a. Type of construction: Brick; Masonry b. For what purpose used'-: .....,.Ge~n"='e"='r~a,l--;;C;.::OIIIII==::"'=e;;;:r~cO"Jl-:::a,...I'""";--=-w::':li'"'l,..,l,.......,be=-=---.:u""'s::-:e::-:ar--------- Who owns the land upon which the licensed premises will be situated? Provide full name, residence address Julie Paplov, 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, residence address, and date of birth of the person who is to operate it: ______________________ _ If the Applicant does not reside in Colorado, provide the name, residence address, and date of birth of your authorized agent in Colorado upon whom service of process can be made in any proceedings 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 employee or other person (by way of rent, salary, or otherwise) all or any portion or percentage .Qf the gross or net profits or income derived from the business to be conducted under Wle license herein applied for? If so, state complete details __ N_o _________ _ Identify by name, address, and date of birth, the 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 .. Provide complete details regarding the e lease agreement : Leased. Lessor: Jul1e Paplow -see attached lease • for details so you have any di~ect .or indirect fi~ancial .interest in any other business, ~a~tne~ship association, organ1zat1on or corporat1 on, wh1ch operates a Health Therapy Fac1l1ty 1n the State of Colorado? YES XX NO If answer is YES, list full details of any SUCh interest(s).Qwnpr and operator of Suzl( Wong ·Oripntal Bath Jnc•t•d at 3151 We•t Alameda Street, Denyer, Colorado • I • • • • • • .. - l hereby acknowledge that I have ob t a i ned and understand the Colorado Massage Parlor _Code. (cop1e• m11oble '""' the State of~o~~ ~ • • I . • '. • • • • • SUPPLEM ENT TO APPLlCATlQI FOR HEIIL'I'H LICENSE Submitted t .y Soon Ye Scott The auppl ... ntal application of Soon Yc Scott is hereby amcn.Je d to irochde the following an .i further infor mation, to-wit: 1. It .. 31 of the applic ation should include the past umploywent of Ms. Scott at New Tckyo Meeeage located at 2Pl5 South Broa•Nay, Englewood, Colorado wher~ ehe wcoe lice nsed as • heillth thprapy operator for the period ~r ti•~ rroa J a nu~ry l, 1917 t hrough Do r a.bcr ll, 1977. At u ,., end of llecemb,,r l 977, the bu sil ee" wa8 s'>ld and Ms . Scot·t tonainated her emplO)'IO(!Jit there. 2. In regftrd to item 2~. any ar•~•~• ~y the applicant are con tained in the invC'stigat"'nn rf'port . l. In regard tn any aanag~t agreement that entail• . " d. 1 . ·1 otion o f "uth ... •·i ty, Ms. f.r.ott intende to be at the p : coo( e.ploy.n. "'t durinq mo._t, if not all, wc,·king hours. l ,· .... t .. any time ::.1.~ is not p1 BE-:-l t H ~1 . t ir,da F()(Jelman (c .:J t :u to Ma. S ~ot..t) wjll h.:ivP all ncceseary autho,·it y . Shi!: ""'1 1 t.0-a.uthori.· ···d to r irJn l•~<J .. il ~,.l ..... cal'",~nt.s for the husineas "1 ,.; 'l carry '!1 ac l u,>l anJ implir•l .~u tho c ity as provided 1 . L >w with th<> c xcepl'ic.n that Ms. F <'<JClma., shall not J. .. v .. • ''u~ author ~ ty to e n ter i r: t.o .'C:"llriU s in ~x ~eas of Fifty .J • 00 .'1 00 Dol~i t.J ($J 0 .00 ) n:tcept.. i n cn.1 es of Cf"'.ergen..:y. She ••. .!" 1\.lve all authority to lll.lk.e "n·unge,ment• fo.r any t.ypc of · .-. emc rg ..... ncy that m"ly occur. • I • • v D • • .. • COUNTY OF ARAPAHOE SB STATE OF COLORADO SUBSCRIBED TO AND SWORN TO before me this 11th day of March, 1981 by Soon Ye Scott. , j My c0111111ia8ion expire a: ~(/}L;l-Cl, fl~1 g./.1.1~ (ij.~dl ~ SEAL otary P l:Lc I • • • • • • • • • -· By Authority of the City of Englewood f'E4.9 ~' . ··""· .... ____ IIEA..,,..LTfi......,,_..TIJE_._..,ftA....._PX' _ _..o,_..PE.....,M,...T...,O.,.R..__ __ I.JceMe bpirMiaft o.. DECEMBER 31. 1977 TMI ~ 0# fiiNNG 01' THI CllV 01' ENGLEWOOD, TO ALL WHO 8H THESE ~'RESENTS. GREETING : 1CN0W YE. T1Y1 ..._ SOOR YBB SCO'l'T ._... • 2815 8. BROaDWAY ._paid to.,. Cltr .. lnzt tlllttw .... Of ,.pry pxw 19) W)/100 •• =:-·_·-~.:-·••==··· Dol_.., ......................... .........., to tallow ........... _lon of ________ _ BBALTB THBRAPlC OPERATOR ........... Thill Ia to Cerllfr lllel IN L'--.._. _.,.. tiel ._,. 8UIItortDd 81111 pennlllecllly IN City c-11 e1 tile City o1 E.,....... to !Minlaln, ~ ancllollow tile......,_ e-n.Md In IN city,_ IN 1ST -ol JUD11'Y A. D, ,.u..... lo -...ll.SL.., of DBCIIIBER A. D., ta..1.1... ...... to .............. ol811 OnliMncee ol tile City Of r,....... In Ioree 8lld opeNtlon ......... to Mid lluel- -.---. .. ,..,..... ... IIIIa I.JceMe .. --to -lon lor..,-...._. ....... 8lld upon .... .._ ............ lly ... ~ ............. Ill TESTIUONY WHEREOF, I, tile Dl-ol Fl-of tile City ol Englewood, .... ....,_._. lilY MnCI IIIICI aiiiDcl tile 11M! ol Mid City IIIII lOTJI -ol DICIMBER 11 76 ~-.._~ ~ -:' . &<~----= .,...., 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 SUBJE'CT February 12, 1981 (DB Library Advisory Board Terms. IN IT 1 ATED BY Library Advisory Board ACT 1 ON PROPOSED Reduce length of one current term in order to achieve better balance of expiration dates. BACKGROUND: At the February 3, 1981, meeting of the Library Advisory Board, Bruce Hogue ('84) reported that term expirations for the Board Members are not balanced. For example four terms are due to expire in 1984. Whereas only one term expires in 1982. Mr. Hogue's research indicates that this imbalance may have started in early 1979. The Board accepted Mr. Hogue's recommendation that the expiration of his term be changed from 1984 to 1982 in order to create a better mix of expiration dates . ~tembers requested the Director of Libraries to forward this matter to the appointing authority for consideration. Two -1982 Two -1983 Three -1984 Two -1985 . 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 MA'I"t'h Q 1981 ftJG Bicycle Trail System INITIATED BY City Plannin& and Zonin& Commission ACTION PROPOSED Adopt tbe Bicycle Trail System Plan Approved at the March 3 1981 meetin& of the City Planning and Zoning Commission . INTRODUCTION: By amending the Subdivision Regulations (Ordinance #2-81) and the Comprehensive Zoning Ordinance (Ordinance #19-81) to pro- vide for pedestrian and bicycle trails, the City took necessary steps to implement Resolution No. 17, Series of 1979 , supporting the Denver Region Element of the State Air Quality Implementation Plan. In both the amended Subdivision Regulations and Comprehensive Zoning Ordinance, reference is made to "designated bicycle and pedestrian trails which have been adopted by the City of Engle- wood ..... " Inasmuch as the City has not adopted a bicycle and pedestrian trail system, the City Plann~ng and Zoning Com- miss i on appointed a sub-committee to develop one . Two pu blic meetings were held and a bicycle trail system was developed that was presented to the City Planning and Zoning Commission on March 3 , 1981 . Trails for both immediate and future implementation were incorporated into the proposed system. The pedestrian trail system would be incorporated in the second or future phase of implementation . The report also included a generalized program for implementation of the on-street trails with estimated costs . CONCLUSION AND RECOMMENDATION: At its March 3rd meeting, the City Planning and Zoning Commission received the sub-committee report and a recommendation that the system proposed for immediate implementation, the on-street trail system, be amended by designating Chenango Avenue rather than Layton Avenue as the segment from South Sherman Street west . The proposed budget for implementation of this first phase was ) I • • • ( • • , . • c onsidered and bec ause of the variab le s i nvolved , t he Commi s s i on agreed t ha t the requested budge ted am o unt, $10 ,0 0 0, s hould not be fixed as to the individual line item s . Rather , the prog ram would be implemented within the $1 0 ,00 0, allocat i ng the f und s a s nece ss ary . The Commis s ion members voted to recommend to the Ci ty Council that the bicycle trail system as revised on March 3, 1981 , be designated as the City o f Englewood Bicycle Trail System , and that funds be allocated in the amount of $10,000 for the immediate i mplementat i on of the first phase, or on-street trail system. The on-street trail system is as follows : Street/Avenue South Zuni Street South Windermere Street South Lipan Street South Sherman Street South Clarkson Street South Franklin Street East Bates Avenue Dartmouth Avenue East Quincy Avenue West Layton Avenue West Chenango Avenue From West Evans Avenue West Layton Avenue West Layton Avenue East Bates Avenue East Yale Avenue East Dartmouth Avenue South Clarkson Street South Franklin Street South Clarkson Street South Lipan Street South Sherman Street To West Dartmouth Avenue City Limits West Chenango Avenue East Chenango Avenue East Bates Avenue East Floyd Avenue South Sherman Street South Zuni Street South Sherman Street South Windermere Street South Lipan Street The trail system along the South Platte River was also shown in the report to be in this first phase. This was incorporated in the first phase because the Engineering Department had applied through the Denver Regional Council of Governments for funds from the Federal Aid Urban Systems to develop the trail system. Because Littleton on the south and Denver on the north have already started their trail systems along the South Platte River, it was felt Englewood would have a good chance to get funding. Englewood did not , but the Director of Engineering Services plans to apply again . It is recommended that the City Council approve a resolution implementing the first phase of the bicycle trail system which designates specifi c streets for signage and authorize funding for the program as defined in the attached report . SUGGESTED ACTION: MOVED BY ______________________ __ SECOND ________________________ ___ YES _________ NO ______ ~ABSENT ____________________________________ _ I • • n • RESOLUTION NO. ~~ SERIES OF 1981-- • • • A RES OLUTION ADOPTING AN ON-STREET BICYC LE TRAIL SYSTEM F OR THE CITY OF ENGLE WOOD. WHE REAS, by Ordinan c e No . 2 , Se ries of 1981, and Ordi nance No. 19, Series o f 198 1, the City Council took necessary steps to implement Resoluti on No. 17 , Series of 1979, supporting t h e Denver Region element of t he S t ate Air Qual i t y Impleme n tation Plan; and WHEREAS, the Englewood Plann i ng and Zon ing Commission has held public hearings on the question of bic ycle tra i ls with i n the boundaries of the City of Englewood; and WHEREAS, the Englewood Planning and Zoning Commission has made a favorable recommendation to City Council concerning on- street bicycle trail system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. City Council approves an on-street bicycle trail system as follows: Street/Avenue South Zuni Street South Windermere Street South Lipan Street South Sherman Street South Clarkson Street South Franklin Street East Bates Avenue Dartmouth Avenue East Quincy Av&nue West Layton Avenue West Chenango Avenue ~ West Evans Avenue West Layton Avenue West Layton Avenue East Bates Avenue East Yale Avenue East Dartmouth Avenue South Clarkson Street South Franklin Street South Clarkson Street South Lipan Street South Sherman Street West Dartmouth Avenue City Limits West Chenango Avenue East Chenango Avenue East Bates Avenue East Floyd Avenue South Sherman Street South Zuni Street South Sherman Street South Windermere Street South Lipan Street Section 2. Counc i l authorizes app rop riate i\~T'l in istrat ive .:1ction to implement said on-street trail system. ADOPTED AND APPROVED this 16th day of March, 1981. Eugene L. Otis, Mayor Attest: ex officio city Clerk-Treasurer • I • • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a tru., accurate and complete copy of Resolution No. , series of 1911. Gary R. Bigbie • I • • RE SOLUTION NO. I J SERIES OF 1981~ • • • A RESOLUTION ADOPTING AN ON-STREET BICYCLE TRAIL SYSTEM FOR THE CITY OF ENGLEWOOD. WHEREAS, by Ordinance No. 2, Series of 1981, and Ordinance No. 19, Series of 1981, the City Council took necessary steps to implement Resolution No. 17, Series of 1979, supporting the Denver Region element of the State Air Quality Implementation Plan: and WHEREAS, the Englewood Planning and Zoning Commission has held public hearings on the question of bicycle trails within the boundaries of the City of Englewood: and WHEREAS, the Englewood Planning and Zoning Commission has made a favorable recommendation to City council concerning on- street bicycle trail system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: section 1. City Council approves an on-street bicycle trail system as follows: Street/Avenue !!2!!L To South Zuni Street West Evans Avenue West Dartmouth Avenue South Windermere Street West Layton Avenue City Limits South Lipan Street West Layton Avenue West Chenango Avenue South Sherman Street East Bates Avenue East Chenango Avenue South Clarkson Street East Yale Avenue East Bates Avenue South Franklin Street East Dartmouth Avenue East Floyd Avenue East Bates Avenue South Clarkson Street South Sherman Street Dartmouth Avenue South Franklin Street South Zuni Street East Quincy Av&nue South Clarkson Street South Sherman Street West Layton Avenue South Lipan Street South Windermere Street West Chenango Avenue South Sherman Street South Lipan Street Section 2. Council authorizes appropriate 1\~l"linistrative actio:1 to implement said on-street trail system. ADOPTED AND APPROVED this 16th day of March, 1981. Eugene L. Otis, Mayor Attest: ex officio city Clerk-Treasurer • I • • ( • • • .. I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate and complete copy of Resolution No. , Series of 1911. Gary R. 8lgb8e • I • • l • • • • .. • B I C Y C L E T R A I L S Y S T E M As Proposed by the City Planning and Zoning Commission to the Englewood City Council March 3, 1981 • I • • • • .. .. OUTLINE OF REPORT I. Purpose. II . Who rides bicycles where? III. Why encourage bike use? IV. Determination of proposed bike trail system for : a) Consideration of adjacent trails. b) Consideration of needs of Englewood citizens . c) Consideration of potentially good trails. d) Safety considerations . V. Proposed bike trail system . VI. Projected cost of implementing bike trails system. VII. Plans to implement bike trails system. I • • • • • • I. PURPOSE OF STUDY To formulate a practical on/off street bike trail system for the City of Englewood in co-operation with interested citizens, and to seek funds for implementation from City Council or alter- nate sources. I • • • • • • • • II . WHO RIDES BICYCLES WHERE ? a) Previous to 70's, bikes were for recreational use in North America . b)' With high cost of fuel, fitness boom, refinement of 10-speed bikes, and the growing network Qf bikr.. u.athi, bicycles are now used by thousands for trips to: W 0 R K S C H 0 0 L P E R S 0 N A L B U S I N E S S On an average day 50,000 bike trips are made daily to one of the above places in the Denver Metro- politan area . c) There are 700,000 bicyclists in Denver Metro; an estimated 15,000 in the City of Englewood. d) Bikes used to be for kids under 16 --now> 50% are adult riders (16 and older). e) Average trip is approximately two (2) miles . f) Other trips made frequently by bicycle riders: Tennis court Barber shop Bank To eat To church Shopping Visit friends g) Aside from utilitarian trips --i.e., work, school, and personal business --approximately 50% of bicycling is for recreation (by all ages) . • I • • ' ~ D • • • • • • III . WHY ENCOURAGE BICYCLE USE? a) Saves fuel (5,000 -6,000 gallons per day in metropolitan area now:) b) Saves money for individual and taxpayer (less wear on highways). c) Reduces pollution. d) Good exercise. e) Reduces traffic congestion . • I • • • • • • SOME NOTES BEFORE GETT I NG I NTO ENG LEWOOD'S BI KE TRA IL PROPO SAL *** 3 TYPES OF BIKE TRAILS *** • THE BIKE PATH --CLASS 1 Separate from road Similar to paths through parks Most expensive to construct Safest Can double as jog, walk or? • THE BIKE LANE --CLASS 2 Defined by curb or lane stripe. Next safest and costly. Requires a wide road . • SHARED ROADWAY --CLASS 3 Defined b y signage, occasional striping and cross street signs . Least expensive . Most vulnerable to accident . Requires no land acquisition THE INITIAL BIKE TRAIL SYSTEM PROPOSED FOR ENGLEWOOD WILL BE CLASS III • I • • • PED. WALK • • • STREET OR HIGHWAY PED. WALK (3) "Class III Bike Route" shall mean those streets which share right-of-way with bicycle traffic . These streets are designated as bike routes by signs. (2) (1) PED. WALK BIKE LANE (Class II) UNPROTECTED BIKE STREET OR HIGHWAY LANE PROTECTED BIKE LANE "Class II Bike Lane" shall mean that portion o f a street right-of-way designated by curbs or painted stripes and signs for bicycle traffic. STREET OR HIGHWAY PED . WALK BIKE PATH "Class I Bike Path" shall mean a paved or other- wise surfaced off-street path designated for bicycle traffic . BIKE ROUTE CROSS SECTIONS I • • • • • IV. DETERMINATION OF BICYCLE TRAIL SYSTEM FOR ENGLEWOOD a) Adjacent Trails • --~~--------------------~--~----~--·--_.~----~------~~~LJ---------~~~0 [J • • - b) Needs of Englewood Citizens . I . • • • • • • • • b) Needs of Englewood Citizens (continued). c) Likely trips by Englewood citizens outside of the City -- 1) Confluence Park 2) Highline Canal Route 3) Washington Park 4) Arapahoe Community College 5) Downtown Denver 6) Auraria Campus 7) Denver Tech Center 8) Martin-Marietta 9) Cherry Creek Area Good potential trails in Englewood (Make-up of a potentially good trail) 1) Parks. 2) Rights-of-way; streets, ditches, etc. 3) Very wide, seldom used streets. 4) Normal width streets with virtually no traffic . EXAMPLES: Belleview Park City Ditch right-of-way South Sherman Street Tufts Avenue Vacant ground south of Kimberly Woods and Kimberly Village . Etc . • I • • • • .. d) Safety Considerations . 1) Traffic signals at major intersections . 2) Speed of traffic and volume . 3) Distance from trail to edge of ditch. 4) Smoothness of street surface. 5) Amount of on-street parking . • • I • • n • • PROPOSED BIKE TRAIL SYSTEM FOR ENGLEWOO D • City of Ell!rlewood • SCHOOLS I • • • RECREATION CENTERS PROPOSED IMMEDIATE DESIGNATION .6 GENERAL ACTIVITY CENTERS FUTURE TRAILS * ALL BIKE TRAILS ARE CLASS Ill UNLESS NOTED • • n • • • .. • JUSTIFICATION !Dartmouth J 1) Obvious connector to Platte. 2) Wide enough for Class III. 3) Obvious link to two (2) existing Denver trails from inside City . 4) Traffic signals at Downing, Broadway, Logan, Bannock , etc. 5) Crossing at Santa Fe to be used until Little Dry Creek is improved. 1) Wide, wide and low, low traffic . 2) Obvious connector to Northwest !Sherman I 1) Low traffic volume 2) Signals at Floyd, Girard, Hampden, U.S. 285, Tufts 3) Wide from U.S. 285, Tufts 4) Access to downtown, Swedish, Englewood High School, tennis courts, Flood Middle School, Southeast Englewood. !Bates/Clarkson I 1) Access from Englewood to Harvard Gulch . 2) Access to Bates/Logan Park . 3) Wide and low traffic volume. • I • • • • • • • • .. • 1) Low volume traffic . 2) Signals at Sherman, Huron, Broadway --access to schools. 3) Wide and smooth . 4) Logical east/west connector for southern Englewood. !chenango/Lipan/Layton! 1) Recommended way to tie into Windermere (Tufts Avenue narrows) 2. Temporary until trail can be constructed along City Ditch . 3) Low volume traffic. IOuincyl 1) Connector to Cherry Hills system at South Clarkson Street . • I • • • • • .. NOTES Implementation of Class III Trails : i.e., Sherman -Dartmouth -Tufts -Chenango -Bates - Clarkson -Franklin and Quincy would require only: a) Designation -map printing. b) Signs on street directing bikers and signs of caution on ~streets i.e. Bike-xing. c) Spot lane striping for safety. d) Bike decal i.e . ~ WATCH FOR BIKES at points where right turns plentiful. e) Education of public re: use of on-street trails mixing of auto/bikes, etc. f) Promotion of suitable bike parking at major activity centers. • I • • • • • ,. - VI. COST OF IMPLEMENTATION 1) Drafting and printing (2,000) bike trail maps: 2) Designation & cross-street signage ($900/mile x 6.44 miles) 3) Education/Familiarization Program a) Flyer inside Citizen b) Safety manual for bike shops, City Hall, Fire stations, Schools, etc . c) Presentation for Schools at assembly $ 600 . $ 5,800 . $ 200. $ 300. $ 3,000. $ 9,900. i.e. $10.000 approximately to designate bike trail system and acquaint community with same. I . • • • • .. VII. PLAN FOR GETTING BIKE TRAILS SYSTEM IMPLEMENTED 1) Public Meeting January 13, 1981 2) Incorporate Public's comments and hold meeting for review by interested parties on February 24, 1981. 3) Present to Planning and Zoning Commission on March 3, 1981. 4) Submit to City Council on March 16, 1981 . 5) Once approved source of funding to be established by City Council. 6) Coordinate bikeways development with other Capital Improvements Projects. 7) Redesign designated streets to accommodate bike lanes. 8) Public education program. I . - .!) J I 0 1 • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE SUBJECT March 12, 1981 AGENDA ITEM 6 D APA Conference in Boston INITIATED BY --~P~l=a~n~n~in~g~a=n~d~Z~o~n~i~n~g~C~o~mm==i~s~s~i~o~n~-------------------- ACTION PROPOSED Approve an additional Planoing Commissioner to attend the American Planning Association Conference in Boston Massachusetts on Aoril 25-29 1981 BACKGROUND Mr. Eddie Tanguma, Planning and Zoning Commissioner, requested Council approval of an additional Planning Commissioner to attend the APA Conference on Boston, Massachusetts, on April 25-29, 1981 at the March 9, 1981 special Council meeting. Attached is additional information concerning the conference. The approximate cost of the trip wo~ld be $1,000. I . • • 1111 lPl Nllltlll ....... CIIICrciCC ,.~ ........ ~ ~ ......... ,..._, __ ............ .-a.. ... ~· ...... 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CGMUJ ,.,. .... -.c....c:o...,._'-_ S...C= 4:GD -I :l0p.•. -W-f%1 4:15 -S:JOp.•. -.- t:JO -tD-.JDp .•. s,.cwr.-.r .. c . ) I • • • • f:a -... ,.... ._ __ .. _ ........ =.-~ =='1.!~ ,.,_...._,.._-1 ........ ·----...... - ........ -s., .... -AlA. ......... ....,,. ___ _ 9dlla.a.-IJ;Jip.a. -W-fll _w_,.. s,.wE.-r-c -- w..w.,-u..oi"'SpedAc"-"• c_..._ ,..._., .... ,_~(« __ _ ......._,U.CMifomitllw~llriool to_,......,.~~ ..__,otN-u/ot-of""'*"'• ,...,.,.,....,...,___,~_ Thif ..,._.,.niiii ..... OR,.J,.,..J .... "-"-•"-* for ~...,_..,, '""'- .......,._i~W «~-~- CnaDowd., AICP Coaununity lJnoelopmotnt OI~Of ViMU.I , c.JifomY O.rid Qdn-m.ln Rockn.. Odrrmatt . Mount Joy A..ocMift S.nFuncitco 9::00 ·----11:«1--MaYtWa.Wrlopl)l 9 :«1 -IO:.JOa .•. Lral..,..s-IT_,....._u s-to...,....,.. ~)" ,,.. s.-11 r-.uJ lhuwl ,._,..,.,!! 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C....l s--.,...H by tlrw Ht.toric ~~ s.:w ..._., u.t-r,......,_.. ,HOVJtlw.,.-.~~ ....,.. ~-~-.w.n.-. ,._.~_..,otJwno. u~Dollom OlrectoroiT,.,..,onation Mttropotta.n Council o1 tM T win Cit-. St.P .... I Alat!AitWUn-a....-......... _ =-t•l,..ituteo/T~ JoMPuchet Allilwlt Profn.or ~merot of Utt:ten Plannln, Rutiffn LlniVft101ty !WwBn.t l'llwd • - ..... _ ----Aa £...._~ ..... ....._. ·------.. ----AlooC---_ .. __ ......._.,.,, .... a A ----.-c __ ,._ ---Qoo!Oy w--._._ -CW..fii...._W_ --~ .. --....._ ..... __ .,_ .. __ U;41 -JIIIp.a. _,_ .,,..-.... ...... ..._,. T • .....,_,.AX::# ,.......oiAPAt_..t..,_ ....,._AICP ,...._.._...viAPA ,.._ .. ,_ .. __ , J:.JI -J:GO,.a ,.,. ___ , ............. AICP ~oiAPAt•-ttm u,.r-o{_,..._ ....... -- ~·=:= ...... cw--~ z...... .., ........ ,..,.,. CMffoll ____ ... _ -c-.-. .... '"'"' ~-INN__.,,._.., _., ,..,._,.,.., ....... ....,_ ~~-...rtOIIII ~.nw,._,._....,_._ -'*"'-' -... ~ tfrw COIU1't ~ . ..Jf"M~-'rltuCM ltowto...,'-"'Jity. Donald C......, "'""" T,...,. • ..,.._ -~ ...... _ ............. 01<Mo. &.bcodc • p.,._ 0."- RobM GlTud ·-Stanford Llw School PtioAko -C--Iw .._._...c_ ~ .,....,...,.)' tlw E-n,.._,. c_,,_.. OwctOC', &vironmenta!-Enqy Pbnnin1PJ'Oif1m UniV'Wifty of ANotla T.-. How to S.w Y~ 0.. sn.t Raqwl R&mati DirKtor, Urt..n Dnlp Manh.tt.n 0r.put!N'nt ol City Plann ... New 'l'orkC.ty c..St.M.-~ LaM --~OOIMr~~)l!lwSW·~ om.c.... J'ltr..r«"''ftt~.,....., of II.U~re/·'-1~ *wiOJ"'W"t""llbof,nurrrr..J. c----o..a-.. ._.._....._..._ -Cony Oty~ .........-"--'--............,.c-t ... r ... a... ..... =:!.-::"!;!t;..!:::::=-, ... ...._. ........ """""" -- ~~6:al ..... ~ ...... , .... __ _, ____ _ .............. _w_,. _w_,. ~ ..... -....... s,.w &..~~ r-! S,.WE..-T-F ....... -u~, ... S,.:WE...-T_.I f:CIOa.a -u.---M.MIW ....... I.Q ..... w.w.,.~ .....,_ __ 011_7. column 1 . ) I • • .· • • • - ........ .._ --~ -~ --_,._ ---A ··- _____ , ----.. __ .. ---T-.. T-Ill -I .. -.. ~ c .. .. -,_ D .. ...... .. ...... ~-£ • ........ ........ ---• ... .._ ... ... .... T ......... c ... .. .. .. .................... ,.,.._ ... lllellaa'W.IIfn ........................................................... ,.._ Eddie Tansuma, Jr . nu. Planning C011111i11ioner Apq CitY of Englewood -3400 South Elati Street Ooy-.tz;p Englavood. Colorado 80110 ,.,A ..... .._ c... .... ~ ... T--r.o ... .o ...... -.&A met --303 1 761 -1140 * --=30~3'--1.1'-'78<.!10..::-,_33""9"'6'- -353 761-4209 -- *Englavood City Hall ~,... ..... ,.._. Sheraton Bolton ....... ~E lim:d· ... ... --0 S6IP 0 ..... 1~ • '--- o ~n ..... l...., • .__ o r-. Cl..._l..-> • .__ o ~ .. • L--o T__..._... e L._. . ,... ...... ..._ _ _....., .... ,...~~ a ,.. . ..,,....._ .... .._ ca...... ~· .. --------~~-------~~ ~~------------ u.•~•.t~..-.u. ..................... ..... • ---·-__ ... T---... .... -- lllllrlnlana ...__._.. 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Otr_ ... _"""""" Hilloric~lldoftOirilion Human s.vtc.and Sodal. ~ """""" Mdropobtan and~ ~in& Di¥1tion ~~lopml'fttOirilion ~.and the Black Conurn.uuc y _ ... __ ---s-IT ................... ----T __ _ T-I :OD ·lO:e•.a. ---5:JD~t:)Dp.a. _ ..... _"---AICP......_ .......... -l:GD ~S OOp.a. AICP C--l :CID -5.CIDp.•. AICP C- -•:ao •. -. -s:oop.•. CPI.---5:00 ~ 1 :00 , ••. CPl._ ... _ -f:OD .t0:(1)•·•· CPL-lOJI:a. .... ~ U:OOnooft Tho """'-ol Ploo" ~ .. v-..a.......,. •• .A.. l :CID •J :OOp .M. -... ....... ......._ ... _ ...... _ ------· ):1J -500p .•. lftfonN~~for~ ._... .... -10:00 -ll:JOI .m, CPI..Anni&Al...._~ J :OO -4:JO p.M. iointCPl iAPA~s...n (S. C.kndar ol Ennta) ........ 9:00&.11'1. -U :lOp.ta. lointCPl iAPADilltuM6on~ (S.c..JorndwufE....u) l :J0 -4:0Dp ... Walbw Tow-of lolton Ala Ukarilll Natlon.l~ol CouniJ Planning Dhclors T...O.y !:1.::~-!'!!.:.~- • - lfl ---tm~A-.,N .W . w ....... oc ... llll£.6Gh5t. a.-.n. .... , ._._.,.._,., .._..._AICP c--.-~· .,_. 5. So, AICP c-.-........-:,...IW~ -lkhlnl T. ,.,.._,. AJCP Vb .......... ~ ----Y ... Clty ................ """'"lloM.AICP ~oiSU.Md --"""""' Nitv.•oiSt.-_.._...AfiM ----.. MWdlttOWII ~p .. ,.....,.. MkhMI P. lroob, AJCP -. C-ol'-' ......... ........,. "--"GiorioS .~.AICP w.-.....-a--SNJoo.J- ~c...-, --T- .,..,.._ A c.m.l. AJCP ....,.._ .. u.s-.."'"'"'";.._ INiianlotfiCI ,........._ a.....c,_-c_. PM! ,_.,... AK:P 01prty DiNctor fGJ c~ -~ ..... -o.p.rt_.. of (Jt y ,.._.,. Pittlburwtl ChW, DiYWDN COUIIdl --.AICP ~~,..~ • '-0..-.AICP u.s. c....-.-,_, _ ·--.AICP co-w----o,.v--c.... T- ·=~AJC' O.,.oi_P.,_ _c..., Cloy~ ......... - Eooi L--... -~ T- lollartf ....... AICP -.Y-._,. .... _,.,AKl' ---v-c.H.nry-~JM. -.,_ •. -AKl' oo- -~-ol --.. ........ NtwYotk -...C.,. AICP ~ .. .__ --.. -"Oomoi!C ...,_, AKl' a.....c...o...-.. --,. ...-..._,. --·Pwlw ~AICP s.--SuM Alailtantlo the --US .~oiT~ .... ,_ Thaodon G . Wldifta. AICP """"",.._,. St .~Cout1ty~ol ........... ClaytCII\,Millaouri "AJCPC-----. Jfll May I-ll, o.a.. tfiJ Aprii16-JO, 5Mttlt 1.. Mly 5-9, MlnNapoMJ 1-Aprii~U. Montr.J 1-April5-9,t.o.A.-, ... .,.,,.,.\0 ~v ... ~ r- I • • • ' • n....,._ .. s.... ......... ~tt.-tt c-• ...,..... -............... ....._ ~~,...._,.0._ ___ ... - ----C-.:W_ ............. .._ __ _._ _ _.c-.oo,_ --.. -.-.. c., eo--....... ......., ~'""-.Sct-oolol ~-.d ........ ~oi W.-........_ ._._ --_ .. Oty _ --·.---~c......--c.--.......... ---"""'"'_ ... _ -"""--- ~--..... -U:Jip.a. __ ,.. _,._,.. __ ,.., lO:tla .-.-u.«»-,_,_ ····:CID··----... ..... W ...... IfG l.JO -S:OOp.a. ...... w_...,., S:CI0 -7:00p.•. ......... ~~ (SH frltM l,.rrr~~-*' U!Of'bllotN o.. ,...&.) 1M MobUe Won..hoptli'" ........ .,.. opportllftity to • and d.cu• ~pr.cticftinthtao.ron-. Thrr a"" olkred at variout li iTift to a1Jow ..... lt!IIO attef'ldditcvllion ---"And a ~ to ~iopak 111 thor f ..rid worUhop. DftcnptlOM Mid p rice ol worlahopl follo w To rqttif~r for MobtW Work.tlops, ~-t h. appropNt~ w~ nuft'~Mn on ttw ~ Jt.pt,.tion Form . ..... Howt,&-1 OO tol ODp.lfl. "'-"-'ia ---~T- ,.~ .... wiiiMJCI!'I• O..W.ol .............. . .__ .... ,..._...~.fOI' ,_.., ............ ...... worWq. n.. ... ,, c:tr..wr --~low No td.ta ...... ..W irllllviiMir T"*-caa-~.c ........ w_,_ _ ,...,..... ,__ __ ,.. ____ ............. .._ ... tortht tourc:.- -~011-howt-l :CI)to l ClOp •.ew~S..W.,; f.-t GOa-. r..l:CI>p ••. -~: ........ •:00 to1 l :GDa,., -~.lldltow ................. • - ...... .,,. .a...--.v...,_ .._ A .._ of..__ .. __ ._ O......""'Y~ wt.lrh-_ .. ., .. __,_ TlltY .... _ .... ~fof .-........... -l~i~Mric __ ... _ _ __ _ ........ _,.._ ..... ~ -* ........... ~----..... ~ S7 "-·"' ll0 -5-CIDp.a . litttillll ... '· u.-.--.. ....... ,.. ..... Hourly from 0:001.11'. to l:CI)p .... P'lani'Uftt;in....,~Tow s. s.t.d.y *-"' -~ 9;00a'" • S:OOp m 1 Downtown ~1ft Pro•w.r-IUiock w..t A...-of~ia Prcw~ • Eoa-d on tlw c .. nta! UnMr ,Mn. th. ~~~--..to"""rictlldJON,IIN!tfwroAroltu.lonc P"'R"~"'th.~oldwcem.l Oty flrov .drto. ebout .S ...... .outh ofloMOI"' . -.-'-hi>O ~.90 9l0 a m -llOpm 2. P ~atJOn WI t.o....u Tht C AIT'Ot 1ndthrStkk A bu.lwaiJnc to..ar ol chi t.o-11 N.tronal Hilloncal Par\. -o1 t.h. ~,_...t ~totht~ pMt.f)'ltm~ Tht""llfW~~ tht ana.lt, tcxtilt oUU.. and cornpeny boudina ~ th.t CONbNkd dw tcx~ .ndu.try ltl t.ow.U l.oal , tt.t~, U~dfecieralll'l~llltlw dt~nt olthtpadwillbe rt"YIIir"tftd. • -u • pri.-ate prewi'Vado., ~ PanKlPI"U wiD tow both tthAbdit attd .-and •reM propolll'd ,.,,..,............,.. ~. ududln& Iundt. 115 Cap~~e~ty :U 9:)0 a.m -ll:JO p m. l Waterfron tlfanNYH.D~ andDooip A W ...... IOUI and ~-tt. h.twy and the ..a.. of lolta~~'t waterfront,....... proiKt. You 1lri&l -Quiftcy Marbt, F.neuU twl, andtN~pertr;.d d:Sena.thr ~adwnwand --""--· l'riad> "-"' .. JO:OO.,.n. -l .OOp .•. :..t:!t~=PrGf*1J .. PartidpeNI trill,..._ c:a1t ltUIIa cl the.a.on.--....--iiiYohwd .. Tl* ....... ktok .... _ol ,....,...._ ......... .. ......... ---~,.....,. ................. ,..,_.__ tl....m-t, _, .......... -.T~CJI....._ ~ .... ~...._. ..... .. -........ .. ""'* .......... .. , ... _..,...._,~ ,._,... ...... ..-............. pnv ... ,a.c... Prior,, "->·• 1.10 -C.:JOp .•. • w.....,_,__.,..,..._. ""'"" S.MGWI.W~I]fOfdlrWit. ...... Hourly from 9:CXJto ll:OOa.m.. ~in loalonOrt.ntation Tow s. ~, loun fof d~Kripdon. I :CXJ a.rn . -•:JO p.~n . •.aurai....,..OIIS... Pwtk.ipanb will bowel a pmo.w mr ol tM ............ JtaW-o.d fof • ._ •• ....-.......... ~c_,. lrl..-.m~O..thclnlin, _...,_,. ... bt""'-d to ..... ..... __ ... _ COURty ,,.nidpuo....,.a.ct-ol kJAuwine four bus tows: Tow-No. 1- ENr.,.........,.._.iftrw"III.,..Tow No .• ___ ....... -oi~To.No.J-...,_ ............._:..dTowNo.c-..._.. ,_,..., .... in Qd o..fWd.. NaliaNIHiltoricDiltrlclft~ C_.uty. (""eddkion&\S..50will btcoUk111d CWI the trein fofTOIU" No. C.) ...... ...._ ...... ,"" "-"'"' • •GD• • S , • 10 T_.~_,c;,--. _ .. _ ,_. __ ., .. , .. ...... _..__,. .... ......._.s.... ..... it • ..... .... nr-o.~ ~-~·-...._.,.... -.-ibwlllllf ...,ly .,_,,...... .... .. ......_n.~will _,........,,,...... .. ., -·--,__ ......... c.-,. ... t:CIOa.• -U:•P·•· 11 ......... ow.rl..lltl. -=-S...,.I.....__.,.,..... .• ...... ....,._ ......... ,......_.,..,,aao. nw_.w~~ ............. ..._.._~ .....,,_, ....,._........_ ... ~ ......... altoN. -w.a• ... ----StNil ....a. ... _. .... 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"""""- A towr ol t.w..or, wt.w •arioul typa. ot.....,.~~produc:inadw beail f« d ty rwwitaliution. t.a-. • -...--citylllhdto\lt:Diftwatorrpoltftf.- loobto-.,. ....,..._. • a tool to ,......, .........:~ pvwth in-dty .._.to • .._..an~ clillrid ...... tlw ............ ollloeh ............................ ,..,.,_, -tltydropowa.,..,. tow --~.,........,~ ............. ~ .... --· Prb:l1 c..-;ty:to 1:CII-5:00p.m. J•. Jl.._...lialborw.dt:A C-.1-ChoiJmoo T'hal worbhop will tMtw ttw ric:h ) I • • • - n .,I ..... ,_ _._ .. ...., .... .._ .. T• ~·,..-IINIIWt ...... __ .. __ .. _ ,... ............ ..,""'"'' -,... ...................... ~ -t.Mw ....... ...... -· ......................... M A-.... .... -----s.... .... .......,..u • -,.. Ill ----~ ......... 11 ...... AI ..._,..._ .......... 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CW,. ~.....,.._,.atww:~dw PPBS -.on. U you WC'!oUic:I IN your ~to .1ttend1 PPBSa.ion. N t.N mwtbt~fort lw c ~l UnbmitMI bftt',IOft dnnb. Md prftadl willbt-wct. Pnct:l5 ,....,, 1:00 -1:30 p.m. i I i f ' I APAandl!k.torltioltt.ttwtour ....... ~~.r-e.rol W.U. IOUrl durinc t he~. o.mpe-of tht: toun .....t tNtr prim~ ...... btkM. Prcaialional.,.ucllll will conducteD tour~ To,..mtfcwSp.c:iAI E-.t~Toun, ~dwtOWOI'ICM.art)'OUwWito IIHMd ...... Sp.dal £..- ~ Fonn Oft,.. •• s.NIIht to....Mdyourpl!,.._.to ..._ ....-..n. .... for,........for ~ eaun k Match JS, 1tll. You On thiltour, )'OU will Yilit INIIY Rlnoolutbw'yWar~~ tht~~it.-olthtbeltlaoll..ainltOfleftd Concord, wl*hlterted tt. ... Ailo, vw.ttNCOf!COrdhoe.ol~· cwntvry euthon ...... w.wo &--, Henry Otvid n.o.-... ~ M.y Alcott. end~ Hewthonw. 5und.y 1:00•.111..-U :lOp.•. =.50 ........ -U.:JOp •. C .• ANillflitatdwR..- W~Pwk,_,..._ .... af thefiMII: ....... trechilltht au~Uy. f.aiof.,.........._...tt. w~.,m-~_... _ .... __ I .1. Capital......,._._~ .b.C-m-1~ c.Co.nly~ ..,. flllck .., yow tic:bn .. tN Sp.c:W E..nt~O..ett~~ AIIJtaunthall.ack ........... ~wWbtt.afleeW...t,_, .,..,. will bt rWwMied .. dw ~.Notidtmcw--..ct.cb willb.....u.dpriorto tlw~. A. IMrodunior! to Bo.tCMI On~tourol&o.ton.CIImbricttt.elld o..n.ton. you will .. tlwllllpOI'tant o.~ww.. ...,..._._.~ ... ~ ,_._, .. ~.,. ..... .................... , ....... . afld•hlrbcwHWwldi .... .W,._. f...._,.....,Youwill.wtMMctWI eo-dw~....-.n...,.fl/ 76.AtlllllrbyW...)'OUwll-tN ,....,..__ .... __ ... Howtafs.r...~ .. Wtkh ~...t..-,.ott.-..You .. h.ftdiNforUdiOftyowOWft.e ~wt..t ........ ----· Sund.ly 9:0Da.a . -C:CIDp .-.. T.-., f!OOa .-..-t :CIIp .a . Pra:Sll T...., .. .J0 .10:JO,.-. ....._ __ ... H ............ a-..b ...,.,....~ ..... _... ~~··Pill'· ..-......-afdwiMII:'- ~ ........... tNco.ary. n. -.. .... illldlldtd-. c:t.o.d., .....diiN.~ ...... COfft(lfl ......... cam ....... papo'f'll'l, ..,., .... cofh.. .......,. 7;CID -JO:GCip.m. ....... --111 • ............ ,_ .·-Enev~ t .tfilloricp_...uon .. --.. _ _....._ ··-1· Smell Towt~-R.nl PS.nnin& k. W-.nend~ :' Zo.q:~iltl1ltKWI I • • • ORDINANCE NO. SERIES OF 19 8 -1 -- BY AUTH ORITY A BILL F OR • • - 1/l COUNCIL BILL NO . 36 . INTROD UCED BY COU CIL MEMBER J <~ AN ORDINANCE APPROVING A MAINTENANCE CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE STATE OF COLORADO, STATE DEPARTMEN T OF HIGHWAYS, DIVISION OF HIGHWAYS, PROVIDING FOR MAINTENANCE OF A PORTION OF SOUTH BROADWAY IN THE CITY OF ENGLEWOOD . WHEREAS, with in the City of Englewood there is a need to maintain South Broadway between Ham pden (Highway 285 ) and the south city limits. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows : Section 1. There is hereby approved b y the City Council of t he City of Englewood a maintenance contract iden tified as Exhibit A, incorporated herein by reference, with the State of Colorado, the State Department of Highways, Division of Highways, and the Mayor is authorized to affix his s ign ature thereto and the Director of Finance , ex officio Ci t y Clerk-Treasurer, atte st the same. Section 2. that: The contract i dentified in Section 1 hereof p rovides 1) City shall maintain State Highway No. 75 (South Broadway) beginning at junct ion of Colo rado 75 and U.S. 285 to south Englewood city limits on the east side of Colorado 75; 2) total length to be maintain e d b y City i s 2 .4 miles for which State shall pay $2,500 per mile per y ear ; 3) the c on tract is subject to termination by either party o n 30-day notice and is subject to renegotiation; 4) the State will reconstruct portion s destroy ed by ma j or disaste r; 5) the contract requires payme nt of minimum wage and compliance with Colorado Ant i dis c rimi nation Act of 1957 and other applicable law respect ing discrimination and unfair employment practice. Introduced , read in full, and passed on first reading on the 16th day of March, 1981. • I • • • • • . . .. Published a s a Bill for an Ordinance on the 1 8 th day of March, 1981 . Attest: Ma y or ex officio city Clerk-Treasurer I, Gary R. Higbee, ex offic io Ci t y Cle r k-Treasurer of the C i t y 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 16th day of March, 1981. -2-I • • • • - EXHIBIT A DOH r o ra No. llS De p Art..., ••• to<>. 2& 00 00 Di a trict ho. ~ MAINTEM ANC£ CONTRACT TillS COHTRACT, IIIAd e t his lo t day of Jar by and between the STAT!: Of' COLOii:AOO for t h e li"S't THE S'fA'fll: DE PARTMEN T 01' HIG HWAYS, DI VISION OF HIGH"•··-, referred to .. the State , and ,._,,,....,......, (City ) ..... •••-• of hal-<>4 , here i nafter refer red to •• the ~ tractor, WBEJ&AS , authority eKiata in the r.aw and Funds ha ve been bud- 9eted, appropriat d and otherwi se made sv&ilable and a aufficient unancu.bered balance thereof remains a v ailable for p&yment in Fund Nu.ber ZOOl, G/L Acco unt Numbe r 5 2 046, Co ntrAct En c umbrance Numbe r (Kaintenanc .. Section No. 601142 ) ; and NK~, requ~red approval, clearanc e &nd coordi n a tion has been acca.pliahed froa and vith appropriate agencies ; and WKEAEAS, the State haa the Authority, as provided in Sections 43-l-101, 43-2-103 , 43-2-104 and 43-2-144 , C.R.S . 1973, as amended , to enter into contract with the Contractor fo r the purpose of main- tenance on the &tate highway syatem as hereinafter aet forth; a nd WKEaEAS, thia Contract ia executed by the Contractor pursuant to an applicable ordinance or resolution duly p&ssed and adopted by the Contrac tor, a copy ot which i a attached hereto and made a part hereof ; and NKEKEAS, it appeara that the Co ntrActor has adequate fac il itie s . NOW, TIIEREFORE, it is hereby agreed that: l. Aa u sed he r ein the word "mai n ten a n ce • shall mean all of the nor.....l maintenance dut i es performed by the State on similar type highways with similar use. 2 . The State '• District Engineer, or his representa- tive, reapecting interpretation of maintenAnce atandarda as establi shed b y the State shall control the work . 3 . Kai n tenan c~ duti es t o b e p e r formed b y t h e Con- trac tor s h al l inclu de but are n ot limi ted to: •· Reaova l o f s now, sanding a n d s a lting. b . Cutting weeds and g rasses within the State's right of way. c. Cleaning and repairing of dilch es a n d dra ina g e s tructures, exclud ing storm s e wers. d. P a tching, malt~n g sa f e , repa iring, spot rec o n d i t ion ing, spot stab iliz a t i on and spot seal coating, including shoulders, and damage c a used by ordinar y wa sho uts. e . Paint i ng of bri dg es , other structures and highw ay a ppurtenanc es . f . Other work t o preser ve the roadwa ys a n d appu rtenances, includ ing fences, wi th minor repairs to s afeguard the trav eling public. Pa ge l of 4 Pa ges • • I • • .... • • • • 9 · To ~e eafe by wa rning th e t ate 'a r - p r e a en a tive and/or repairing a ny dangeroue condit1on from any c ause. 4 . The Sta te ill reconatruct portion& of highwa y s 4eetroyed by maj or d i eaa tera, fires, f loods, ~ts o t God, and thoae rtiona which cannot be safely or e conoaically aa inta ined. The Contractor shall 9 ive i aaedi a te notice o the State's Dis rict En g ineer of the exist nee of any o f said condit ons. 5. The Contractor &h all a dviae the State's District Engi neer o t a ny alate highway aigning and regulatory devic e& in nee d o f r epair, and the State will aaintain th... • I . The portion& o f the atate highway syatem the Con- t r a ctor agree & to maintain under the erma o t this contract include : 2 .4 miles of at~te highway No . __ 7~S __________ _ beginning at the Juactioo of OOLO 7S (South lrod-r) aad U.S . beginning -------------------------------------- -----------mil es of state highway No. b e ginning Tota l l e ngth of r oadway to be maintained is 2 .4 miles , all situated within the Con-tracto r's Jurisdiction. 7 . to accept the sum I . Thie contra ct &h a ll be effective f rom the day a nd y ear t i ret above written . '· Upo n execution of this Contract all previous con~' tra cts between the Sta te a nd the Contractor f or ma intenanc e on the aforesaid portions of the state highways shal l becoce null and void. 10 . Th i s Contract may be terminated by either party upon 30 days wri tten notice sent b y registered , prepaid mai l to the other party. 11 . The provi s1ons o! this Contra c t shall not be sub- j e ct to renegotiation more often th an quarterly . 12 . Al l of the covenants and p rovisions hereof shall inure o he bene f it of a nd be binding upon the parties hereto, their successors and assigns . Page 2 of 4 Pages • • I • • • • - CO T 0LL "S APPRO'r AL J llt• e:.trv l •• 1101 M ciftrwd Qltd •ftfil tt ~ luw: a p '"'d bt tht Ceutrolkr of the-Stace of Colorad.o Of ._.. ...._, .a k _.y d.n.pat~ Tll• pron.tM tt ,.,.pi.K.~ 1 c:onlracl tnYOI<tiftl tl.e ~yrM'riE of mo y bytloo- F\J D A V AILAIIUTY l f.....a.l ..,...._ .... el dlc-It pa ~blc ahu tbc cun t f&JUI )UI a.rt coe taa:~n• upon fu..ts for ti'-J,t purpow ._, .. ..,...,.,.g4,lt .... ledl and ol UWJK made •~jl .,Wt 1101\D ll£QUIR£Mt:HT l If dllis COIICrla i.nvol "et tht ~ymc:ru of more a thousand doUan for the coruaruct.oo. acc:hoa, repau . 11\A~. or i O!IIp'O¥ttDC nf olaft)' bl.lddtn&, road , bndce . va.duct. LlJ.IIM_J. uc.a'l.·aoon or othtt pu~c wort for thts Sial&':, the: c~ .a.ll, lilr:fon: CDiet'i.ac upoc the: pe of any •uch " indudt:d m tbn. COf\traC1 , duly u . llllld -.;..,. 10 ....t rUe .,;c aile offte" wboK N t. lppcAB below for the Sl ale , • &ood and 141rrtatn1 bond « ocher ~ ......,. 10 be _,.vod by said olrocw tn a p<A&l sum DOl leu 1 one-f of the 101&1 """"'"" poyalllo by ... ...,. of duJ S10<h bond aball be duly t.uc olled by a qualified cor,>oral< •lll<lY. c...S.IIOIIOd for .......... folcltfol pcrlonnanoe of tile c:on a.ct, ond 10 addtUOft, JhaJI provld< thai if lhe oontra<lor Of ~ ·~ fad 10 .,.)' ,.,. (Dr" M Y labw. mutriab, IC.UD hi~. t ustcn.ance , proviltoos, proveadcr or other ...,._-•-by IMIC:h concroaor orlua ......,_'" pt.fono&Dee of tbe work c:on<ra<:~od 10 be dotlc, .. _, will ,., .. -.. -.......... -...-. ............. apccifiOd .. the bood, '"'-with -•• the -.,.._.,.-,. -· Ualooa Olldt bood , wbea ., ~uired . ia eaec:Uiod , ddtvwod ODd flied • ., daim in •-ottloo-..U.., -IIIia -.oboll be ...tiled , ollowedot paid. A ecniftodor culuu'acl>cckoro ----poy-to lbe Ttua..,.. of d>c s-of Colorado may be opted io leiu of a bood. M-UIII WACt: 4 . a:...,. • -.......... ..,. ..... if IIIia coootroct ~ fw the pay m.nl or _... thonli .. th..-.11 ..._. ... ,...._ • iPehw .._ e~-..t or labcNaw cw mte.h.aoics in the cons:tnKtiOA, elteration or repair of -r ...... w -,.WI< ...t, (t.ll..,. wp,...,., ........ , llridJea , .... e.._. one! ~jpwoy alructlll8 of 1111 -) widt"' .. ~ 1-of the Slote, tile nk of,...,. 1 .. oil......_. ond-. enplo,..S by the .....uoct.-•---• tloo ....... ., pt1blic ...t co...-od by this <o nt..ct-be not laa thoa the ........... ,... el .... f• __. el • ....., ...-.in 11M dey . town,~ or otbu ciYiJIUWiwiMon of 1M Slate in -the ......,. • -,.w;c .....,.. Ia '-'od.llisputeo rapec:tina ,_,ina ntos will be......,_. .. p<Oridod in a.I ~IOl,CilS 191),.,__... DDCJUMINA T10H AND AFftaMAllVE ACfiON S. 'l'ltc t en.ldelOr .,_.to coa.pty witt. tk letter and 1pirir of the Colorado Antidiscrimination Ad of 1957. u .. ndd, INII......,. .,a;caw. law ......,_tina dilcrimin.atioo ud unfair anploymmt pi"'Ctic:a (24-34-301, CRS 19 71 , • an.n4d), aad • n quirecl by Ex.tcutift Ordc:r, Equal Opportunity and AffJrmatiY-t Action, datH April J6, Jt7S. h,_l ....._, llw ~·-1 ,...a;.u,... k ~onrc/Md In till StM~C:OIIDWIJ or ~ktMIICU O..rifta ... pc.rfonuncc of this coatrac.t , lhe conl.r.lC:tor •&ft"a as r~ows : (I) Tk CIHllnCICir d not ducrimmak .,ahast auy employ« or apphc.ant for tmploym~At bet.aiiiC of r.ct, c.-4, color, ua tioulll ori~u . Kit, rnatiraJ ~o t tlu..t. rdiajon, ancatry ,JMntal or pbys;c.l haDdiap. or IJt. n. C'OIItr.:tor wil lllke 8ffirmatiu· action to huu.re th at ap plicants arc employed, and rt..t nnployea a« Lru_. .. ritt& t:mploymrnt, without reprd to the tbove rMntioned charvlerisria.. Soeh action lh1ll include. ,._., •OC 1M lim ited to th~ foiJuwina: unploytnent, u pg:adin &. drmotion, or transfer, ~tment or rcc.rui tnwftt adnTtilin., b)-offr or tenninatioru, rates of pty or other fonru of comp~ns.atio.n, and .~e1ec tioa fw ~ kw:fudma tpp~nt.cnhip. The contrac1or IJTHt to post in comptcu o~ placu, ..-.ileble t o ...,.,.ea. -.4: •pfic.anb for t:mj)loyment. notica to be provided by the con1rw:ljn1 officer a.UinJ for1 h ,..itioas el lll!iis non-d.itcrimina tiOfl d a .ae. (l) 1M c onlnlctot wll , i n ell JOlte.~tl tioru ot ad¥'ertisements for employon placed by or on bdlalf of the coatrwtor. loblt: lhat • ..,.ai fied. ippliea.nb wil l ft:Ct ive com.i dtration for c-mp1oyrMnf without reprd to r.ec-, c-IH4. color, JU:tiolul oriJin, ~a , mari tal ilJlm, relia;ion. ancutry. ment~ or p~y~al h•ndicap, or qe. (3) 1M co.tractot ... -..4 lo each labor u nion or represe ntative of workcn wia:h which he hu collective ............. ..,_...., w oO.u contract or unckrStaudtnJ,. notict-to be provid~ by the contrac:ti pt off.ce.r • ...,... ac bhcw wnioft or workt.n' n:p rew:ntatin or th e COTJtt:letOr's commitlmcnt under Ole EAec.utivt Or4b-, E~ 0ppOC"tuntCy and Arfirmali•~ Aclion, d:aed Apnl J 6, 1975, and of the: rules, xqulatioJts, and ........_., Orden or th t Go¥tmor. (4) The-conlr.:tor an d labor u n.ions will fu.mi~ all infolltUlhon a nd rtport.s requi~d by Ex«ulin Otdet, ~..I Opporti.I.Aity and Affinn:ttiw Action or April 16, J 975, and by the rv1n , rtgulatio ns and Orden o f the Covc ntOt or purwant th erelo, and will pumit DCC to his bof;ll$, ordi, and accounts by I he conlr.ttlin& •ncr aftd lhe office of th e Gon-mor or Ius de:si&nte for purpOSd of investlption to ascr-rt'ain compl iance wieh •.x:h nda, ITtuJaiM»N 1111d orde:n (S) A Labor orpniz..a hon wt.IJ nol udud~ AnY indnidu.:ll olherwi~ qu~hfied f,.om fu ll membersl1 ip ri&)1ts in ~ bbot orpniution, or expel .,y 5uch individual fro m me m!J.t:tSh ip in such bbOf' orpni~tion or krilni n.c.e: ..,.Ntst any of iu m~btn i n the full e njo) ment or wolic: o ppo,-t u niry. b«au ~ of race, c~ed , color, JU , national ori.;n, or aocesrry (') A la b"'r orpnjutJon, or th e emt)loyt:ei or me:mbcn therwf wdl not aid , abtt, incire , compel or coerce ~t d iJin & or 8 11)' .._I defined in tt.is conlt:~ct to be-discrimin3lOry or obstrucl Or pre\'tn' a n y penoon ff"O IO complyin& -.·ith L~e provisiou) uf this contrxl or any order i"'ued thueund~r: o r all.:'mp r. ~i cher dirtdly or indirrtr1y . co commit any :.ct ddiotd in t hi~o conlrxl co bt di).Crimin:ttory . p>~•~ of _4_p•& .. • • I • • • • - (7) Ia -.,.. I of Ill< <•tcoctors ,....., .,.llllhc ~-of IIIIo -"-'"' -_, of oodt noloo ..,..alloM, 0<-llou _._,-l>c <MOdlt4. krmout«<or ~,. ..... or lA ..... oM -< .... lcocl1>< bt dad -'11illit C... f tdoo. Stoic COOin<b .. ~ I ....-, •lllonuol loo U..-0..., f.qotol Oppe.tva o.4 Am.-t.~ Adiaoo of A,-16, I J75 Md ...................... -.~---a.-...................... ___ bo ....,_ o.4--• ...., 1>c-._.... 1oo ~on., Equl Oppoo1...;ty ...r Alruma~ .. -of~ 16, "75, w lot.-,.......,_, w -n ,_p&..t Ia --... ....... --~.., .... (I) n.-.. _, ... lloo--of_.,.. (I ) .......... (I) loo __,. ....,__. ...r ..__,....._...,. • ._.._...,by ....... ...,...._, or---,. .,,. 0..., Equl o,.......ty o.4 A,_... Actioo or April 16, 1975, so ..... oodt ,....._ wil 1>c _.., -.... ..__ .. _ --.....,.... '*""""' ...._ willo-.. .., • .._._..., -........ -... .,_ ..... ,.._,-........ -.,..,_.,-,....._........, ~ fot ·-~ .,...._, ,..w..t. .. ~. dw ia tbt ...... lite COIIlrK:Iot bee~ ilt¥ohed lA, Of 15 ._ -· .............. -..... ..... --.-·of ~Ado-Jorlloo<OAtnclina -· 11oo --... 1 ..._.. ~~oo-.r~ •••""iotooodtli..,._ ,._. dooiolorost .~ ....... .~~. COl OllADO LA-PllUI!UNCE '-......._ o1 t-17·101, a 101. cas "n.., ,.,....._of~ ~o~>or .. .,..._ ..... _ .r ,.._ __ .......... ......_ ___ r_ .. ___ ,_,.., ..... ,__ GlllaaAL 7 ...... .~--ol~---........_.--·-··--~-.... ; I .----ollloio---.A>ty.......-..eflloil ___ _ ......,__..,. ____ ,_ __ by--...;.didtl ........ ___ _ ---....... --.................... _______ Nodoiow_io ..,. __ .....,__., ___ .. _.. ..... _1 ___ ....,.._ _ ___ ,__ l>c ..-;, .. _,_., ___ oc:tioaot lew......,....,._,of......., ....... --.A>fy ______ ., .... __ ollloio .......... ___ .. _olllio-...... --.... -·-·~of--. I. n. .......... --..... llooy-,_.., willo 11-1-:101 ........ (....,. .... Coomrpt a.a-) _, lu.tii,OC ..... (A-oii'Wolic otroco),C.R.S . 19 73, M ...................... riulotioolof---is -· f . 'l1lo ........... ._ lllot to their t~. oo 11010 employ .. '-My per-.J or.....,. ..... ;..._ ....__ ia lloo ...n w ,_., dacrilood l>crein. IN Wfl'HUI WIIEUOF, '"" portios -. ............... d this A--·· OA .... day -..,_ ...u ... . Umtnd _____________________________ _ Pooi tion ----------------------------- STATE OF COLORAOO RICHARD D. LAMM, COVERNOR STATE DEPARTMENT OF HIGHWAYS JACK KINSTLL~ER. EXECUTIVE DIRECTOR DIVISION OF HIGHWAYS By E. N . HAASE Chief Enqineer APPRO VALS A TTO..,.,fY CV.£1.4L ----------------------COf'o'TROLLI:.R --------------------,-----~~ ., ··---------------------------------- I • • • .. BY AUTHORITY ORDINANCE NO. SERIES OF 198_1 __ __ A BILL FOR • • - COUNC IL BILL NO. 36. INTRODU~BY COUNCIL MEMBER ~~ AN ORDINANCE APPROVING A MAI TE ANCE CONTRACT BETWEEN THE CITY OF ENGLEWOOD , COLORADO, AND THE STA TE OF COLO RAD O , STATE DEPARTMEN T OF HIGHWAYS, DIVISI ON OF HIGHWAYS, PROVID ING FOR MAINTENANCE OF A PORTION OF SOUTH BROADWAY IN THE CITY OF ENGLEWOOD. WHEREAS, with i n the Ci t y o f En g lewood there is a need to maintain South Broadway between Hampden (Highway 285) and the south city limits. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. There is hereby approved by the City Council of the city of Englewood a maintenance contract identified as Exhibit A, incorporated herein by reference, with the State of Colorado, the State Department of Highway s, Di vision of Highways, and the Mayor is authorized to affix his signature thereto and the Director of Finance, ex officio City Clerk-Treas urer, attest the same. Section 2. that: The contract identified in Section 1 hereof provides 1) City shall maintain State Highway No. 75 (South Broadway ) b eginning at junction of Colorado 75 and U.S. 285 to s outh Englewood city limits o n the east side of Colorado 75; 2) total length to be maintained by City i s 2.4 miles for which State shall pay $2,500 per mile per year; 3) the contract i s subject to termina t ion by either party on 30 -day notice and is sub ject t o renegotiation: 4) the State will reconstruct portions destroyed by major disaster; 5) the contract requires payment of minimum wage and compliance with Co lorado Antidiscrimina t i on Act of 1957 and oth er applicable law respecting discrimination and unfair employmen t practice. Introduced, read in full, and pa ssed o n first reading on the 16th day of March, 1981. • • I • • • • • .. Publ i s h ed as a Bi ll fo r an Ordinance on the 1 8th day of March , 1981. At t e st: Ma y o r ex officio City Clerk-Treasurer I, Gary R. Higbee , e x officio Ci ty Cl erk -Treasurer of t h e City of Englewood, Colorado, hereby c ertify that the above and f o regoing is a true, accurate and complete copy of a Bill for a n Ordinance, introduced, read in full, and passed on first read-ing on the 16th day of March , 1981. -2 -I • • • • • • &X lBI'l' -,.. De par • 2 00 00 MAIIITEKANCE OONTAAC'l' TIUS CONTRACT, made Uas lot day of Jar by and between the STATE OF COLORADO tor the liSt THI STATI DEPARTMENT OF IUGIIWAYS, DIVISION OF HIGH"•·~-, referred to aa t.be S tate, and ... ,,,,.........., (City) -... •• IN' of lyl-, hereinafter referred to aa the ~ tract.or, WlfBRIAS , authority exiata in the Law and Funds have been b ud- 9eted, appropriated and otharwise ma de available and a auffic ient uneDc""'*'ered balance thereof reiMin& available for payment in Fund lfu.ber 1001, G/L Account Number 52046, Contract Encumbrance Numbe r (Maintenanc• Section No. 60112 ) ; and WlfEABAS, req~ed approval , clearance and coordination has been acco.pliahed froa and with appropriate agencies ; and WII&UAS, t.ba State hu the authority, aa provided in Sections 4)-1 -101, 4l-2-103 , 43-2-104 and 43-2-144 , C.R.S. 1973, aa amended, to enter into contract with the Contractor fo r the purpoae of main- tenance oa the atate highway syatea aa here inafter aet forth; and ... lEAS, thia Contract ia executed by the Contractor pursuant to an ~plicable ordinance or resolution duly passed and adopted b y the Contractor, a copy of which ia attached hereto and ude a part hereof; and WlfBREAS , it appears that the Contra ctor has adequate fac ilities. JfOif, THEREFORE , it ia hereby agreed that: 1. As used here in the word "maintenance• shall mean all of the normal maintenance d uties performed by the State on aimilar type highways with st.dlar uae. 2 . The State '• Di strict Engineer , or his representa- tive, reapecting i nterpretation of maintenance atandarda aa establis hed by the State s hall control the work. 3 . Kaintenanc~ dutiea to be p rformed by the Con- tractor shall include ut are not limited to: a . Removal ot snow , aand~ng and salting. b. Cutting weeds and grasses within t he State's right of way. c . Cleaning and repa~ ing of ditches and draina g e structures, excluding storm sewers. d . P atc h~ng, making safe, repa~ring, spot recond i t ioning, spot stabilization and apot seal coating, includin g shoulders , and dama ge caused by ordinary washouts. e . Painting of bridges, other structures and high way appurtenances. f. Other work to preserve the roadways and appurtenances, including fences, with minor repa irs to safeguard the traveling public. Page 1 o f 4 Pages • I • • • • • • 9 · Aake aa fa by va ning Lbe tate'a r - praa enta tive an~or r •al r>.ng any dangeroua cond~tion froa any c aua • 4 . The Sta te wi ll recon atruct portion• of h>.gh aya des troyed by aajor dia aatera, firea, f looda, Ac ts o f God, a nd Lboee rtiona which cannot b saf ly or e conoaical ly aaintained. The Contractor shall g ive U...diate not ce to the State's Dist rict Engineer o f the exist n c of any o f sa>.d condit1ons . 5. The Contractor shall adviae the State's District Engineer o f a ny a t ate highway aiqning and regulatory devicaa in n eed of repair, and the State will aainta>.n thea. - I . The portion• ot. the atate highway ayatem tt.e eon- tractor a gree• to IIIAintain under t he terms of thia contract include ' begi.nning ---------:---------- ailes of state highway No . beginning Total length of roadway to be maintained ia 2 .4 miles, all situated withi n the Con- tractor 's jurisdiction. 7 . I . Thia contract aha ll be effec tive from the day and y ear t.irat above written. t. Upon execution of this Contract all previous con ~' tra cts between the State and the Contractor for ma intenance on the aforesaid portions o f the state highways shall become null and void. 10 . Thi s Contract may be terminated by either party upon 30 days written notice sent b y registered, prepai d mail to th e other party. 11. The provisions of this Con tract shall not be sub- ject to renegotiation more often t han quarterly. 12 . All of the covenants and p rovisions hereof shall inure to the benefit of and be binding upon t he parties hereto, their successors and assigns . Page 2 of 4 Pages • • I • • • • • - ,. ""' ..... l>r&:IAL hi.O\ IS!O S C(J'Ol ltOLU. S API' Ao 1 n..._._. __ ._......,....., •• ,alt ~~o .. a-•• c..I....So.,--t "' ... -...._ •· Th• pr-• ·~pbco -~~yt ... _ flJ D AVAILAIIUTY by tl>t C...t ol oh• St ate ol 1 C4iflll'h:t ut"VV•• .. tW piiYmtnl of l: f..._. ........... el 11M Shu ,.tabW tftu lk at 1 f~:~tal )tar ..re tOI)Itn t upon (., .. ror that ,..,_ ...... __...,., ~ ........ an4 otiMfW1t< ...S. er.ulal>l<. D UQUIIli:M£HT ) lt dut a.tnct .. valves rht paymc:N of mor'C cea lhousa dollan for the: cQIUiruction. erect tOn , rt-f* r ma.wc.~. w 1....-0ftlalt:nc ot •1 txulda.a&. road , bnd&e. Vl..duct, IW\nt.l. uca .. ation or Ol.hcr pubhc wott (Ot lhis Stalo , the -IMII , llo!orc aoocrifta .._ lhc pr•lomW~Ce ~~ any ' """' included in this corur.ct, duly l l.CCUU ..., ..... to ... ,.. •• .., the OrT'ICial whole. ai nature appear~ bdow fot the Stak, • aood lllld wrrtclc.nt bond or -....,...... M~ 10 be _..,....s by Wei otrlci&l in a pual '""' 1101 len than cone-h&lf of lh< oou.l .....,..,. pa~ loy .,. -of duo ""'*""'-Sooc:b bond oholl be duly Utc\lled by a qualified corpcnrc uuety, c-tioMd far .. .,. ..,. ,.., .. pcrl..-of lllo contr¥t, aed "' addi tion. lllall provode tho~ if the..........,."' 0t ... -...... WI .. ...., ,., far ... , w-. -w. ..... biro, OU>ICIWitt, ~ --Of ocher aoopplioa-•-loy_. COIIIIKIGF or luo--,. pdormance of obe work CC>n~~a<IOd 10 be clone, .,. _,-,.,.,.-1o •---.. lllo wm tpociroed in the boftd , ooa.-will>-alb< -of .... ,_-,_-· Ualoaa _. boftd,-., ~. io e&CClllod , cleli.....S ODd foled, 110 dUD in •-of.,.-ariaiq oadarlllio ..-..co aloall be oudiiOd , allowed « paid. A ccnifoed Of cashier'• chedt Of a ----poyablt .... y.......,. of dt< s-of Colorado moy be accepted in lciu of . "'*'· IIUN .. UMWACt: 4 ....... ---......... loy Jow ,lf tloil.,_u.t proricJOI fO< doe pay-at of-tJoan Co .. llo-...d ............... • ......_ die ~.....,._t of IMoft.n ot .-chaok::i in the construction, elta•tMHI DC' repalt of _, ....... •-...... -· (ucopt ~. loiP-Y loriclps, lllldupeues ud ~ipwoy llnld-of all -)-doa~ __ , ... -.... rate of-r ... .a w.-and -omployad loy dot -•---• .......... • polllle-.,.,..,..j by this toat..ct-be not'-lh. tbe ,....._,_,_, __ , .• __ ia ... c:ily ,lown,......,orotbcrci.U-.....of ... Sialtia -1M ....... •-,--lllo<:aiOd. Diopulea _.;.., ..,..Uina ,., .. will be nool....s .. pcoYidad;, a.l'-101 , CllS 1973, os --· DI!CIUMINA T10H AND AFFIIUIIA nv£ ArnON S. n. t•lllltlOr .,._. to comply widl the letter and ipiril of the Colorado Antidiscriminat ion Ad of 19 5 7, os ..... ndd,--applicalllo low ._tina diacri.,.;nalion aed unfair employment ,.roc.. (24,~JOI , CRS 1971, • II'M:ft...W), aacl• required by EafiC\&tift Order, Equal Opportunity and Affirmatiwe Act ion, cbted April 16, lf75 . l'wr.-1 ,...,., * ~-~ ,...;.;..u,.. H cOttlllilwd iM .JI S'-1~ c•IIWtts OT lflk01tltwel1 O.rifta .. pt'ffol'1l't.UIICC of d1 Js c:OG uacr, the contractor •area• foUows : (I) 1M centractor .;II no« d..iJCrimi nate tpitut.t any em ployee or appl ican t for cmploymeAl bec:.lua of diCe', c ,.4, eoior, DlltiOtlal oriein , xx, ma.rital status, ftliJiion, ancettry, mmtal or phyliail hudicllp, or ... 'Be COIIb'Ktor wit tMe affirma tive Klion lo inwn that applieanb art employed, and that employea: art w.aw •rinJt:mployrMnt, 'Nithoul rq.ard to the above: ~M"ntioncd characrMstiCI.. s.dt ectton shell include, '-'' •oC k limitlt'd to lhe: foJ iowin1 : employment, upvadinJ. c:!t"molion, or lta~Ufn', rec:Nitment or rte.Ni~t ~n.; lay·offs or tenninatioru, ratH of pay or other Cornu of c ompertS:lltion ; ud Rlec.ti on fw ~-.. t.dlid.inl ~~ppranticethip. The contractor aueu to post in conspkuowo placa. ..Uab&e to .... .,.ed _. .,plic.entJ for nnployment, notic:a to be provi ded by the contrac:rin: o ffJCCr auin& forth '""iliolts .t •n non-cl iKriminMiOft cleutc.. (1) 1M contnctor wll , in Ill wlicitations or advcrtiserMnts for empi0)'6tS placed by or on behalf of the c011tnc tor, l&ale lbat II ... ifie4 applicants •ill ftCeive conside-ntion for em pJoytMnt without reptd to race, cru4, c.olor, tution~ Griajn , tu., marital status, relia,ion , anctStry, amnt-.1 o r phy5icaf handiQp. or ep: .• {l) no coalro<IO< wll aeod to ad! labor uni011 or rtp,...nlative of ...,rk.,. with which he bas collocli>e .................... or othe.r COAtrxl or Yrrderst.ndina,. notice to be provid~ by the contnc.liaa off".ce:r • ...,_,, 11M lab« WntOft or •or\.en' representative of the contntclor's c ommittme.nt under iht Executift er.t. E~ Opportwuty an d Aflirmati_.-e Action, d::.ted April 16, )97S, and of lhe rules, rqulattolls, and .en.n r Or*n of &h.~ Govtmor. (4) 1M contractor Wid &a bor "ni oeu will fumidt aU informa tion and ~poru requi~ by hec:utive-Order. Equll Oppot1Lini ty and A(ftnn3liw: Action of April I 6 , 197S, and by the rule1 , regulat ions and Orden o f the CoorcntOr , or purwant therclo, ar1d will pennit access to his books, records, and accounts by the conlnclinJ •nc-r a nd &he o ff.ce of the Gowmor or his d niJ11 te for purpOSd of investiption to ascf'rl:iin com pli~nce widl ai.K:h nda, l"ll)llaliom and ordt.rs. (S) A b.bot-orp.niullon wiU not ex.dwde any i ndni du:ll othtr\o\'U.e qu:.lificd from full mem btorsb ip ri&hlS in ~ Ia ..... orpniucion. or upe:l ••Y such individual from membership in 1uch labor orpni.z.:ltion or 4rittrUninat~ ... SI 1ny of its membc.rs in lhe full enjoyment o f worll opportunity, brcau~ ofrxe, erred • c-ol or, tu:, u tiunal ori&in , or ancestry. (6 ) A lab ~o~r OfiMJUbwt, or th r: employca Of memben thereof will root aid, abet, incite, compd or coerce lht: d oina of e ny act de fin~ in rhis contiXt to be dilrtrimin3tory or obstruct Of pre\·Cflt any person from com~ yin a -.i th the rrovillou~ of th is contrxl or any order iu-ued the~nder; o r •flnnpt , cithu directly or indirrc:dy , 10 commilany xt d efined in this con t u c:l to be d iscrimin:at o ry • • I • • • • • .. • (7) Ia die C"fU l W IAc.C-f ot&aOft<o) Wi1.A: &ill r: ~LtOII d..Uof tb COG lrJLf f will! _, ol _. .w.. tT..,_.bOftl. ot ordns. ch u: coou...c rr.a1 be cancdd. krmiucetl or ~Wptn4kd tn .... • .. pwt -.4 tk coa tot m~y be Oed utd tnd~•ble f f11rdtu tit coetr.c:u ... accord~ ,.,,,h ,._-, --,. bee-Onlu, Equl OppO<Ivnoly .... Affinna ri,. Aeuon of A,.nl 16, I 9 7S 1114 lito.-, .... -..,-.,... ............. --~th. end-* o11o<r --• may bt ...,._ _. _... • ouy 1oo iooeb4 • ~ Ia EcKub"' Onlu, E<poll Opponuoi ly ....S Affi,...uvc ....._ of Afdl 16, 197S , or by .W.. ...,..._ or -.a p,_..,..cd Ia ...,..,._,. ............ or II _,...w.4..,. .. (I) n. _,_.., ... ildodo .. -of_..... (I ) ........... (I) Ia _., ............. t ..._._ ,....._ onlu ........ ...,ted by ruleo. re .... L-. Of onl<rs......,. pu,_t to Ea...-uuvc a..,. t:.,.o1 o,p....ily _.A--of Afdii6,197S,to that IIOda ,__. loo biD .. ..-ed ~cr.:to r or 't'U._. 1he. c.on ttKlor .. CIIM adt K dull widl tap«1 to_, •koatncbnJ or_... ......... __ .... -IDO)' -·.I-of cal'ordna -'o ,....._, incltMfi•l ....._ ,_ ... c:aRtf''•N'III ; ,..,....._ '""""•'• that ia dl.t:ewot tk cOfttract or bet-t.¥ahedin.or ll --· ~ ...... .;• doe--or-• 1 -· of-'odiNcliMioylhecoatroclina _,., t1to-_, ~ doallloloofCol-to•te<laoo_ll,.liMto,.......doala....., ., .. -.,~. . COLOilADO LA-PUfEUNCE 6 . ,_., 1-17·111. f. 102, C11S 197) r. ~of Colorallo ......... .,._ ...... _ if ..... --... --.----.... --ia-O<iaportby-- GINKRAL 7 .• -., ... -.,~ ........................... _._to--~- ... _, II .-.... f-efdoil_,rocLA.,,.-ofdoia ___ or....C _,___..,. __ ,_..,_..,._, .... ~bM)I----· _ .. ______ .. ...,..._ ___ ............ _.,. __ _ _,,._.....,__..,. ___ "'_.. .... or_, _ _..,__ .. __ .. ,... ...... _____ .. _,..-..... -..,...,.,......,... . ...._ __ Aoy,.__ .......... ..,. ... _..of ... ,_ ... __ ... _ .... _ ...... _ ......... _._...., __ . .. • ......... --..... door-,......, ..... 11-1-)01 , •• """(~~May ... Cocnpl ...n-) _, 1 ..... 1. ol '"'1 .. (A-of l'\lblic Olr•). C.R.S. 1973, • -·uti ... , eo riololiooo of-........... iJ _.. t . n. ........... ,_. lllat to llooir ............... oo ,_ Oftlploy• .... IIIJ .,.._... 0< _,.. .... loo- --itolllo.mc.w,._.y.s-.lbodloenia. 11'1 WJTMUI WltEUOf. t he portia lloftto .,.,.. uecuted thil Apo<e<nt OA the doy ftnl obow wril .... ConnadOf-------------- ~·~--------------- STATE Of COLORADO RICHARD D. LAMM, GOVERNOR STATE DEPARTMENT OF HIGHWAYS JACK KINSTLL~ER. EXECUTIVE DIRECTOR DIVISION OF HIGHWAYS By E. N. HAASE Chief Engineer APPRO V ALS ATTOIUIIEY ~ERAL ---,.--------CONTROLLl:.R ---------.....---~ ., ., I • • • ORDINANCE NO . SERIES OF 198~1----- BY AUTHORITY A BILL FOR • • - 18 COUNCIL BI LL NO . 37 INTRODUCED ~~CIL MEMB ER_=1f~~~~~------ AN ORDINANCE AMENDING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOU SING AUTHORITY FOR ADMINISTRATION OF THE HOME REHABILITATION PROGRAM AND DECLARING AN EMERGENCY. WHEREAS, it i s necessary to amend and clarify the agreement between the Housing Authority and the City of Englewood concern- ing the Housing Rehabilitation Program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood shall enter into an agreement with the Housing Authority titled "An Agreement Between The City Of Englewood And The Englewood Housing Authority Regarding The Policies Governing The Housing Rehabilitation Loan And Grant Program Of The Englewood Housing Authority", consisting of eight (8) typewritten pages, attached hereto and incorporated herein by reference. Said agreement generally provides as follows: 1) Responsibility for the execution of the Housing Rehabilita- tion Program with Housing Authority and City. 2) Application and approval procedure for obtaining loan and/or grant from Housing Rehabilitation Loan and/or Grant Program. 3) Establishment of policies and priorities based on use and purpose of loan and/or grant eligibility, income, neighborhood, loan limits, grant limits, grant requirements, liens, credit factors, loans on rental property, and repayment. 4) Requirement of supervision of any improvement. 5) Establishment of repayment provisions. Section 2. That all ordinances and resolutions in conflict with the foregoing are hereby repealed and expressly repealed are all prior Rehabilitation Loan/Grant Program Agreements. Section 3. The City Council of the City of Englewood, Colorado, hereby authorizes the Mayor of the City of Englewood, Colorado, to subsc~ibe his name to said Agreement for and in behalf of the City Council and the City of Englewood, Colorado, and that the Director of Finance, ex officio City Clerk-Treasurer attest the same. Section 4. An emergency is hereby declared requiring immediate passage of this ordinance by reason of need to repair substandard • • I • • ,.. • • .. - housing by issuing loans and grants to citizens of the City of Englewood in target areas meeting the requirements of the program. Introduced, read in full, and passed on first reading on the 16th day of March, 1981. Published as a Bill for an Ordinance on the 18th day of March, 1981. Attest: Mayor ex offic1o City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of March, 1981. Gary R. H1gbee -2- I • • • • • • AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING THE POLICIES GOVERNING THE HO USING REHABILITATION LOAN AND GRANT PROGRAM OF THE ENGLEWOOD HOUSING AUTHORITY. The City and the Authority agree as follows: 1. The Authority, through its personnel, or the personnel of the City, with the approval of the City Manager, shall be responsible for the execution of the Housing Rehabilitation Loan and Grant 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: a. Cause a detailed list and explanation to be made of all actions and work required to eliminate or repair the conditions of the residence which make it sub- standars. 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 residence. e. Prepare and verify a social and economic profile of the applicant which shall include: family composi- tion, family income, place of employment, if any, of all family members, approximate date of purchase of 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. 4. In the preparation of all reports and analyses required ~ this agreement, and in approving loan andJ,Or grant a~plications, the-rollowing policieS shall ~ and be followed ~ t e Authority: • 0 I • • • • • .. I. ~and Purpose . Loans and grants are made available for the purpose of permanent i mprovements, additions, or other housing rehabilitation and may only be used for: A. Repairs and i mprovements to meet City Code Standards. B. Energy conservation improvements. C. Elimination of incipient violations of the City Code. D. General property improvements. II. Eligibilitx for Loans. A. Eligible Borrowers. Loans shall be made only to natural persons who own the property on which the improvements will be made. B. Eli~ible Properties. Loans shall be made only for res1dential properties containing four dwelling units or less located in the City of Englewood. III. Eligibility for Grants. A. Eligible Grantees. Grants shall be made only to natural persons who own and reside in the property on which the improvements will be made. Grantees must meet the then current income eligibility limits for the HUD Section 8 income limits for subsidized housing. B. Eli~ible Properties. Grants shall be made only for res1dential properties located in priority neighbor- hoods listed in the agreement. IV. Priorities. A. General Priorities. To be approved, an application must meet all other applicable policies and represent three (3) priority points, computed as follows (income is computed by using then-current HUD guidelines): B. (1) Very low income (2) Low income (3) Priority neighborhood (4) Eligible investor (See X\ (5) Owner occupied (6) Elderly Points 3 3 3 1 1 1 Priority Neighborhoods: Following are the priority ne1ghborhoods. (1) Area L: The entire residential area in Northwest Englewood bounded on the north by the Evans/Adriatic alley, on the east by -2- • I • • • • • South Tejon S t reet , on the south by West Vassar Avenue, and on the we s t by So u t h Zuni S treet. (2) Are a 2: Be g inning a t the i ntersection of Wes t Ya l e Avenue wi th the Broa dw ay/Acoma alley, thence west along West Yale Avenu e t o the De laware/Elat i alley , thence south alon g the De laware/E lati alley to West Bate s Aven ue, thence west along West Bates Avenue t o t he E lati /Fox alley, thence south along the Ela ti /Fox alley t o West Cornell Avenue, thence west a long West Cornell Avenue to the Galapago/Huron a lley , thence south along the Galapago/Huron al l ey to West Dartmouth Avenue, thence east along Wes t Dartmouth Avenue to the Broadway/Acoma alley , t hence north along the Broadway/Acoma alley to the po i nt of beginning. (3) Area 3: Beginning at the intersection of East Yale Avenue with the Lincoln/Sherman alley, thence west along East Yale Avenue to t h e Broadway/Lincoln alley , thence south a l ong t h e Broadway /Lincoln alley to East Eastman Av enue , thence east along East Eastmen 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 we st along East Amherst Avenue to the Lincoln/ Sherman alley, thence north along the Lincoln/ Sherman alley to the point of beginning. (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 Ave n u e and on the west by the E l ati/Fox alley. (5) Area 5: Beginning at the intersection of East Mansfield Avenue wi t h the Sherman/Grant alley , th en c e we st a long Eas t Mansfield Avenue to the Broa dway/L i n co ln al l ey , t hence south along the Broadway/Lincoln a l l ey to East Princeton Ave nue, the nce east along East Pr i nceton Avenue to South Gr ant Street, thence north along South Grant Street to East Oxford Avenue, thence west along East Oxford Avenue to the Sherman/Grant alle y , thence north along the Sherman/Grant alley to the p oint of beginning. -3- • I • • ' • • • (6) Area 6: An area bounded on the north by West Union Avnue, on the east by the Broadway/Acoma alley, on the south by West Layton Avenue and on the west by South Huron Street. C. Chronological Priority. Upon receipt of an applicat i on el~g~ble for a loan and/or grant pursuant to IV .A., the staff shall notify the Authority, and the Authority shall earmark (but not appropriate) funds in the amount applied for until the application is acted upon or withdrawn. All such applications shall be acted upon in the same order in which they have been received. v. Priorities for Use of~ and/or Grant ~- Within each application further priorities are hereby identified to determine the amount of the loan usable for each purpose: first priority -funds required to bring property to City Code Standards; second priority -funds for energy conservation improvements; third priority - funds to cure incipient violations of the Code; fourth priority -general property improvements. VI. Loan Limits. A. Monetary Loan Limits. The following monetary limits will apply: (Limits will be reviewed annually by the Authority) (1) $15,000 per dwelling unit. (2) $40,000 per borrower. B. Limits ~on 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 qualified appraiser. If the loan is secured by a second deed of trust, the total of the first loan and the property rehabilitation loan shall not exceed 90% of the appraised value of the property as determined by a qualified appraiser. VII. Grant Limits. Maximum grant amount shall be $15,000 per Grantee. VIII. Liens. A. Loans will be secured by a first or second deed of trust; no third liens will be approved. -4- • I • • • • • • B. Grants will be secured with a lien on the real property improved therewith. Should the property be sold, conveyed or delivered: (1) prior to 12 months after date of signing Grant Agreement, Grantee shall repay 100% of the grant; (2) 13 to 24 months after date of signing of Grant Agreement, Grantee shall repay 80% of the grant; (3) 25 to 36 months after date of signing Grant Agree - ment, Grantee shall repay 60% of the grant; (4) 37 to 48 months after date of signing Grant Agreement, Grantee shall repay 40% of the grant; (5) 49 to 60 months after date of signing Grant Agreement, Grantee shall repay 20% of the grant; (6) the lien shall terminate 60 months after signing of Grant Agreement. Repayment shall be made to the Program account. IX. Credit Factors for Loan. A. Ability to Pay. All credit decisions shall be based only on tne applicant's ability to repay the loan. Action on loans shall not be based on, or influenced by, the race, creed, color, national original, marital status, sex or age of the applicant. B. Normal Rate Loans. The normal interest rate shall be the Authorityrs-current borrowing rate for funds for property rehabilitation purposes, plus a 1% service and administrative fee. c. Les s Than Normal Rate Loan. If the applicant is a "low income" or "very low income" person pursuant to ~v .A., and the application meets all other policies and, in the opin i on of the Authority, the applicant cou ld repay the loan applied for but not the loan and the normal interest, the Author i t y may ap prove the loan at less than the normal interest rate. X. Loans for Rental Property. 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 rehabilitation loan applied for, has been rejected by two qualified financial institutions -5- • I • • • .. which regularly make improvement or real estate loans. If the application is approved, the owner shall agree to ente r into a cont ract with the Authority to keep rents wi t hin the reac h of low and moderate income families and/or make the property eligible fo r Federal Section 8 Housing Assistance Payments . Loans for the purposes set forth in I.D., to absentee owners of rental property shall be limited t o 30 percen t of the tota l of the loan approved for the purposes set forth in I.A., B., and C . XI. Construction. Work done with the proceeds of the loan or combination loan and grant shall be accomplished by either the owner or a licensed contractor. Work done with 100% grant funds shall be accomplished by a licensed contractor. XII. Repayment of Loan. Repayment terms shall not exceed 20 years. Loans shall be repayable in equal installments of principal and interest due on or before the fifth of each month. 5. The Authority shall then examine and evaluate the application, 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 of the Authority shall be final and binding upon the applicant. 6. The Authority shall require any the funds borrowed under this program. those receiving a no-interest loan may methods of repayment: applicant to repay all of Elderly applicants and select one of the follow ing I. Time payments made on a monthly, quarter ly , or annual basis. II. Full repayment shall become due upon the sale and/or convey ance of property or upon removal of the appl i- c ant from the rea l p roperty. III. The entire amoun t of the rehabilitation loan sha ll fall due and payable as a claim against the estate of the applicant and shall become a lien on the rea l property of the said appli c ant upon his or her demise. IV . The Authority shall apply admini strative gui deline s to insure that the loan i s protecte d by a lien on the real property, depending upon the way in which the property is titled. -6- • I • • • • • • 7. All funds repaid by applicants shall be used only for similar loans or grants of housing rehabilitation assistance to applicants approved by the Authority. B. The Authority shall approve allloans and/or grants under this program by appropriate action when satisfactory evidence of the following has been submitted to the Authority: I. Applicant has good title to the residence. II. Loan applicants shall have sufficient equity therein to justify said loan. III. 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. IV. That said residence,after rehabilitation and repairs, will be maintained in a satisfactory manner. V. Except for emergency loans and/or grants, that the applicant does not have an outstanding housing rehabilitation loan and/or grant under the program hereby established. VI. Loan applicants should prove an ability to repay the loan. 9. All persons and entities entering into contracts with applicants for repairs and rehabilitation of any substandard residence shall be an equal opportunity employer and shall comply with all applicabl~ Federal, City and State codes, statutes and ordinances.. 10. The Authority shall generally supervise all repair and rehabilitation construction and shall authorize payment for same 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 agreement. 12. The Authority shall prepare administrative procedures to implement the intent of this contract. 13. The Authority shall submit an annual report to the City Council regarding the performance of the program. 14. This Agreement shall be binding upon the parties hereto and their successors. 15. This Agreement supersedes and replaces all other agree- ments between the parties relating to the program. -7- • • I • • • • • .. • IN WITNESS WHEREOF, this Agreement has been executed at Englewood, Colorado, this day of , 1981. Attest: CITY OF ENGLEWOOD, COLORADO a Municipal Corporation By--~~----~~~--~~---------Eugene L. Ot1s, Mayor Gary R. Higbee, Director of Finance, ex officio City Clerk-Treasurer Approved as to form: R1ck DeW1tt, C1ty Attorney Attest: ENGLEWOOD HOUSING AUTHORITY By-;~~~~~~~~~~~-------Thomas J. Burns, Chairman Frances Buck Jonas, Execut1ve D1rector -8- • I • • • BY AUT HORITY ORDINANCE NO. SERIES OF 198Tl ____ _ A BILL FOR • • • COUNC I L BI LL NO. 37 INTROD UIL9 BY COUN~IL MEMBE~ j~:tituf AN ORDINANCE AMENDING AN AGREEMENT BETWEEN THE CITY OF ENGL EWOOD AND THE ENGLEWOOD HOUSING AUTHORITY F OR ADMINISTRAT ION OF THE HOME REHABILITATION PROGRAM AND DECLARING AN EMERGENCY. WHEREAS, it is necessary t o amend and clarify the agreement between the Housing Authority and the City of Englewood concern- ing the Housing Rehabilitation Program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood shall enter into an agreement with the Housing Authority titled "An Agreement Between The City Of Englewood And The Englewood Housing Authority Regarding The Policies Governing The Housing Rehabilitation Loan And Grant Program Of The Englewood Housing Authority", consisting of eight (B) typewritten pages, attached hereto and -incorporated herein by reference. Said agreement generally provides as follows: 1) Responsibility for the execution of the Housing Rehabilita- tion Program with Housing Authority and City. 2) Application and approval procedure for obtaining loan and/or grant from Housing Rehabilitation Loan and/or Grant Program. 3) Establishment of policies and priorities based on use and purpose of loan and/or grant eligibility, income, neighborhood, loan limits, grant limits, grant requirements, liens, credit factors, loans on rental property, and repayment. 4) Requirement of supervision of any improvement. 5) Establishment of repayment provisions. Section 2. That all ordinances and resolutions in conflict with the foregoing are hereby repealed and expressly repealed are all prior Rehabilitation Loan/Grant Program Agreements. Section 3. The City Council of the City of Englewood, Colorado, hereby authorizes the Mayor of the City of Englewood, Colorado, to subscribe his name to said Agreement for and in behalf of the City Council and the City of Englewood, Colorado, and that the Director of Finance, ex officio C ity Clerk-Treasurer attest the same. Section 4. An emergency is hereby declared requiring immediate passage of this ordinance by reason of need to repair substandard • I • • • • • housing by issuing loans and grants to citizens of the City of Englewood in target areas meeting the requirements of the prog r am. I n t r oduced , read in full, and passed on first reading on the 16th day of Ma r ch , 1981. Published as a Bill for an Ordinan ce on the 18th day of Ma rc h , 1 9 8 1. Mayor Attest: ex offic~o City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of March, 1981. Gary R. H~gbee -2- • I • • • • • AN AGREE ME NT BETWEEN THE CITY OF ENGL EWOOD AN D THE ENGLE WOOD HOUSING AUT HOR ITY REGARD ING THE PO LICIES GOVERN ING THE HOUSING REHAB ILITATI ON LOAN AN D GRAN T PROG RAM OF THE EN GLEW OOD HOUSING AUTH ORITY . Th e City and the Au t hority a gree as f ol l ows : 1 . The Author i ty, through its personne l, or t he personnel of the City, with the approval of the City Manager, shall be responsible for the execution of the Hous i ng Rehabilitat ion Loan and Grant Program, here i n c alled the Program. 2. Application for assistance shall be first submitted to and approved by the Authority under procedures adopted by the Author ity . 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: a. Cause a detailed list and explanation to be made of all actions and work required to eliminate or repair the conditions of the residence which make it sub- standars. 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 residence. e. Prepare and verify a social and economic profile of the applicant which shall include: family composi- tion, family income, place of employment, if any, of all family members, approximate date of purchase of 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. 4. In the preparation of all reports and analyses required ~ this agreement, and in approving loan andlQr grant applications, the following policieS shall ~ and be followed ~the Authority: • I • • • • • .. I. Use ~Purpose. Loans and grants are made available for the purpose of permanen t impr ovements, additions, or other housing rehabilitation and may only be used for: A. Repairs and improvements to meet City Code Standards. B. Energy conservation improvements. C. Elimination of incipient violations of the City Code. D. General property improvements . II. Eligibility for Loans. A. Eligible Borrowers. Loans shall be made only to natural persons who own the property on which the improvements will be made. B. Eli~ible Properties. Loans shall be made only for res~dential properties containing four dwelling units or less located in the City of Englewood. III. Eligibility for Grants. A. Eligible Grantees. Grants shall be made only to natural persons who own and reside in the property on which the improvements will be made. Grantees must meet the then current income eligibility limits for the HUD Section 8 income limits for subsidized housing. B. Eli~ible Properties. Grants shall be made only for res~dential properties located in priority neighbor- hoods listed in the agreement. IV. Priorities. A. General Priorities . To be approved, an application mus t meet all other applicable policies and represent three (3) priority points, computed as follows (income is computed by using then-current HUD guidelines): B. (1) Very low income (2) Low income (3) Priority neighborhood (4) Eligible investor (See Xl (5) Owner occupied (6) Elderly Points 3 3 3 1 1 1 Priority Neighborhoods: Following are the priority ne~ghborhoods. (1) Area L: The entire residential area in Northwest Englewood bounded on the north by the Evans/Adriatic alley, on the east by -2- • • I • • • • • .. South Tej on Street , on the south by West Vass ar Avenue, and on t h e west by South Zuni Street. {2) Area 2: Beginning a t the intersecti on of Wes t Ya le Av enue with t h e Br oadway/Acoma alley, thence west along West Yale Ave n ue t o t h e De lawa re /Elat i a l ley , thence south a l o n g t he Delaware /Ela t i a lley to West Bate s Aven ue , thence west alon g West Bates Avenue to the E lat i/Fox a lley , thence south along the E lat i jFox all e y to West Cornell Avenue, thence west a l o r g West Cornell Avenue to the Galapago/Huron al ley , thence south along the Galapago/Huron alley t o West Dartmouth Avenue, thence east along West Dartmouth Avenue to the Broadway /Acoma alley , t hence north along the Broadway/Acoma alley t o the point of beginn ing. (3} Area 3: Beginning 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 Eastmen 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 of beginning . {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 wi th the Sherman/Grant alley , the nce we st along Eas t Mansfield Avenue to the Broadway/L inco ln a lley , thence south along the Broadway/Lincoln a l ley to East Princeton Avenue , t h ence east along East Princeton Avenue to South Gr ant Street, 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. -3- • I • • • • • .. (6} Area 6: An area bounded on the north by Wes t Union Avnue, on the east by the Broadway /Acoma alley, on the south by West Layto n Ave n ue and on the west by South Huron Street. C. Chronological Priority. Upon receip t of an applica tion el1g1ble for a loan and/or grant pursuant to IV .A., the staff shall notify the Autho rity, a nd t h e Author i t y s hall earmark (but not appropriate} funds i n the amount applied for un t il the application is a cted upon or withdrawn. All such applications shall be acted upon in the same order in which they have been received. V. Priorities for Use of Loan and/or Grant Funds. Within each application furthe r priorities are hereby identified t o determine t he amount of the loan usable for each purpose: first priority -funds required to bring property to City Code Standards; second priority -funds for energy conservation improvements; third priority - funds to cure incipient violations of the Code; fourth priority -general property improvements. VI. Loan Limits. A. Monetary Loan Limits. The following monetary limits will apply: (Limits will be reviewed annually by the Authority} (1} $15,000 per dwelling unit. (2} $40,000 per borrower. B. Limits Based on 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 qualified appraiser. If the loan is secured by a second deed of trust, the total of the first loan and the property rehabilitation loan shall not exceed 90% of the appraised value of the property as determined by a qualified appraiser. VII. Grant Limits. Maximum grant amount shall be $15,000 per Grantee . VIII. Liens. A. Loans will be secured by a first or second deed of trust; no third liens will be approved. -4- • I • • • • • - B. Grants will be sec ured with a l ien on the real property improved therewith. Should the proper y be sold, conveyed or d e live red: (l) prior to 12 months after date of signing Gran t Agreement, Gr antee shall repay 100% of t he grant ; (2) 13 to 24 months after date of signing of Grant Agreement, Grantee shall repay 80% of the grant; (3) 25 to 36 months after date of signing Grant Agre e- ment, Grantee shall repay 60% of t he grant; (4) 37 to 48 months after date of sign in g Grant Agreement, Grantee shall repay 40% of the grant; (5) 49 to 60 months after date of signing Grant Agreement, Grantee shall repay 20% of the grant; (6) the lien shall terminate 60 months after signing of Grant Agreement. Repayment shall be made to the Program account. IX. Credit Factors for Loan. A. Ability to Pay. All credit decisions shall be based only on tne applicant's ability to repay the loan. Action on loans shall not be based on, or influenced by, the race, creed, color, national original, marital status, sex or age of the applicant. B. Normal Rate Loans. The normal interest rate shall be the Authority's current borrowing rate for funds for property rehabilitation purposes, plus a 1% service and administrative fee. C. Less Th an Normal Rate Loan. If the applicant i s a "low income" or "very low income" person pursuant to xv.A., and the applicat i on meets all other policies and, in the opin ion of the Authority, the applicant could repay the loan applied for but not the loan and the normal interest, the Authority may approve the loan a t less than the normal interest rate . X. Loans for Rental Property. 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 rehabilitation loan applied for, has been rejected by two qualified financial institutions -5- • () I • • • • • - which regularly make improvement o r r eal estate loans. If the appl icat ion is a pproved , the own e r shall a g r ee o en t er i nto a contrac t with the Au tho r ity t o keep rents within the rea ch of low and moderate income families and/or make the prop er y eligibl e for Fede ra l Section 8 Hou sing Ass i stance Payme n t s . Loans for the purpose s set f o rth in I.D., t o absen t ee owners of rental property shall be limite d t o 30 percent o f the total of t h e loan approved fo r the p urposes set for h in I.A., B ., and C. XI. Construction. Work done with the proceeds of the loan o r combinat i on loa n and grant shall be accomplished by either the owner or a licensed contractor. Work done with 100% grant funds shall be accomplished by a licensed contractor. XII. Repayment of Loan. Repayment terms shall not exceed 20 years. Loans shall be repayable in equal installments of principal and interest due on or before the fifth of each month. 5. The Authority shall then examine and evaluate the application, 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 of the Authority shall be final and binding upon the applicant. 6. The Authority shall require any the funds borrowed under this program. those receiving a no-interest loan may methods of repayment: applican t to repay a ll of Elderly applicants and select one of the following I. Time pa)•ments made on a monthly, quarterly, or annual basis. II. Ful l re payment shall b ecome d ue upon the sale and/o r conveyance of property or upon removal of the appl i - cant from the real property. III. The entire amount of the rehabilitation loan shall fal l due and payable as a claim against the estate of the applicant and shall become a lien on the real property of the said applicant upon his or her demise. IV. The Authority shall app ly administrative guidelines to in s ure that t he loan is protected by a lien on the real property, depending upon the way in which the property is titled. -6- I • • I • • • • 7. All funds repaid by applicants shall be used only for similar loans or grants of hou sing rehabilitation assistan c e t o applicants approved by the Authority. 8. The Authority shall approve allloans an d/or grant s under this program by a ppropriate acti on when satisfactor y e v idence of t he fo llowing has been submit t e d to the Authority: I. Ap pl i cant has good t i t l e t o the resid ence. I I. Loan app lic ant s s hall have suffic ient equity t he rein to j ust i fy s aid loan. III. Appl i cant has entered into a written contract on forms to be approved by the Authority with a p erson or entity qualified to perform and complete repairs required to rehabilitate the residence. IV. That said residence,after rehabilitation and repairs, will be maintained in a satisfactory manner. V. Except for emergency loans and/or grants, that the applicant does not have an outstanding housing rehabilitation loan and/or grant under the program hereby established. VI. Loan applicants should prove an ability to repay the loan. 9. All persons and entities entering into contracts with applicants for repairs and rehabilitation of any substandard residence shall be an equal opportunity employer and shall comply with all applicabl~ Federal, City and State codes, statutes and o ·rdinances.. 10. The Authori t y shall generally supervise all repair and rehabilitation construction and shall authorize payment for same when substa~tially performed in accordance with the construction contract entered into b y applicant and a p proved b y Authority . 11. The Authority may establish those accounts and allocate those funds necessary t o fulfill the provi sions of this agreement . 12. The Authority shall prepare administrative procedures t o implement the i nten t of this contract . 13 . The Authorit y shall submit an annual report to the Ci t y Council r egarding the performance of the program. 14. This Agreement shall be binding upon the parti es hereto and their successors. 15. This Agreement supersedes and replaces all other agree- ments between the parties relating to the program . -7- • I • • • • (' • • .. • IN WITNESS WHEREOF, this Agreement has been executed at Englewood, Colorado, this _______ day of , 1981. Attest: CITY OF ENGLEWOOD, COLORADO a Municipal Corporation By __ ~=-----~~~~~~-----------Eugene L. Otis, Mayor Gary R. Higbee, Director of Finance, ex officio City Clerk-Treasurer Approved as to form: Rick DeWitt, City Attorney Attest: ENGLEWOOD HOUSING AUTHORITY By ~T=h~o~m~a~s~J~.~B~u~r-n-s~,-=crh-a~i-rma~-n--------- Frances Buck Jonas, Executive D~rector -8- • • I • • • • • RESOLUTION NO. I 1. SERIES OF 1981 ' . . • • • 7) A RESOLUTION IN SYMPATHY WITH THE PEOPLE OF THE CITY OF ATLANTA, GEORGIA, WHO ARE SUFFERING THE LOSS OF TWENTY OF THEIR CHILDREN, AND SUPPORTING THEIR EFFORTS TO CONCLUDE SUCH A SENSELESS WASTE OF OUR COUNTRY'S YOUTH. WHEREAS, 20 children of the City of Atlanta, Georgia, have been slain in a tragic and senseless manner; and WHEREAS, good people must collectively gather together to defeat this injustice to our children and overcome this most grievous of cri-s; and WHEREAS, the people of the City of Englewood are outraged by the taking of huaan life, and they extend their deepest and .ast heartfelt sympathy to the families and friends of those who have suffered the moat severe loss in life--that of a child; and WHEREAS, the people of the City of Englewood desire to express their sincere concern over the iminent threat of loss of more children. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: 1. The Members of City Council, on behalf of the people of the City of Englewood, Colorado, express their sincere moral support for the people of the City of Atlanta to assist them in the termination of the senseless taking of the lives of children, this injustice to our children, and the overcoming of this most 9rievoua of crimes. 2. The City Council, on behalf of the people of the City of Englewood, Colorado, hereby extends to the City of Atlanta and ita people the sympathy of the entire City of Englewood and con- firm that people of Atlanta shall be in our thoughts and prayers. 3. The City of Englewood supports the use of federal funds to accomplish the overcoming of this most grievous of crimes and injustice to our children. ADOPTED AND APPROVED this 16th day of March, 1981. Eugene L. Ot1s, Mayor Attest: ex officio City Clerk-Treasurer • • I • • • • • • • '. - I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate and co~lete copy of Resolution No. , series of un. Giry R. Bigbee • I • • • • • 1P W Ti lE DISTRlC"' COU RT l ; AND FOil T ilE STATE OF COLO RADO Civ~l Action No. ASO CV 84 9 LOUIS PARKINSON, Plaintiff. v s . EUGENE L. OTIS, ~layor; BEVERLY BRADSHAW, JOE BILO, TOll FITZPATRICK, JOH N NEA L , JHI HIGDI\Y and BETTY K. KEEN A, Members of the City Council; ANDY McCOWN, C~ty Nanager; GARY HIGBEE, Director of Finance and TilE CITY OF ENGLEWOOD, Defendants. STIPULATION OF DISMISSAL Please take notice that the parties in the above-entitled matter, by and through their attorneys, t•!ar t in Miller and Petec H. Ney, P.C., attorneys for the Plaintiff, and Damas and Smith, attorneys for the Defendants, hereby stipulate to the dismissal of this action, with prej ud ice, and request that the judgment of dismissal be entered accordingly, without cost to either party. The Cl erk of the abov e -entitled Court is hereby requested to enter this dismissal in the records of the court. BY~ P~e~t~e~~~~~-~N~e~y~.~~~~----- Attorneys f o r Plaintiff 1 901 W. Littleton Blvd. Littleton, Co lorado 8012 0 Telephone: (303) 798 -2 525 DI\I!AS AND SNITH (, r_·· r·-I /' . --· . By . .A Ll··\,._(\ _ ...... ~/ .... ,!.-.. :E-·'0::.-. ~ .. " ---.. llichael L. Sm>th, iB7 99 Attorneys for Defendants 1616 Glenarm , suite 1415 Denve r, Colo rado 80202 Te l epho n e : (303) 893-3070 ORDE R On stipu l at i on of council this actio n is now dismissed , with prejudice , and i n accordanc e with the foregoing stipulati~n of dismissal. l "' --;: ~ "0 ·:-..... , District Judge '3 pi jl • • I • • • • • • • • • lN TilE DISTRICT CO v RT I N ,\NO FOR TilE COUNTY OF AllA PilllOE ST ATE OF COLO nA DO Civi l Actio n No. ASO CV 84 9 LOUIS PARKINSON, Plaintiff, vs. EUGENE L. OTIS, ~layer; BEVERL Y BRADS HAW, JOE BILO , TOI·I FITZPATRICK, JOHN NEAL, JHJ HIGDAY and BETTY K. KEEN A, 11embcrs of the City Counci l; ANDY McCOWN, City Nanager; GARY HIGBE E, Di rector of Finance and TilE CITY OF ENGLEWO OD , Defendants. STIPULATIOS OF DISMISSAL Please take notice that th parties in the above-entitled matter, by and through their attorne~rs, t-!artin Jo.1iller and Peter H. Ney , P.C., attorneys for the Plainti ff , and Da ma s and S mith, a ttorney s for the Defendants, hereby stipulate to the dismissal of this action, with prejud>ce, and request t hat the judgment bf dismissa l be entered accordi ngly, without c ost to either party . The Clerk of the above -entitled Court is hereby requested to enter this dismissa l in the records of the Court. BY.~~~~~~~r.¥-rri~---Pete II. Ney , Attorne y s for Pla intiff 1901 W. Littleton Blvd. Littleton, Colorado 8 0 120 Te l e phone: (303) 798 -2525 DN!AS AND SHITH -, ( ; / >:r·- aY:/1 L,•,\.-r\. (_._, / ... .,t.. ... ·E·~~ .. ll1 chael L. Sm1th, 118799 Attorney s for Defendants 1616 Gl e narm, Suite 1415 De nve r, Colorado 80202 Te lep hon e : ( 303) 893-3070 ORDER On stipulation of cou n ci l th is action is now dism issed, v.•ith pre judice , and in a c c o rdance with th e foregoing stipulati ::m of dismissa l . OJ.strict Judge • I • • • • • • ~ • • RESOLUTION NO. I -1::.. SERIES OF 1981 .. • • • 7) A USOLUTION IN SYMPATHY WITH THE PEOPLE OF THE CITY OF ATLANTA, GEORGIA, WHO ARE SUFFERING THE LOSS OF TWENTY or THIIR CHILDREN, AND SUPPORTING THEIR EFFORTS TO CONCLUDE SUCH A SENSELESS WASTE OF OUR COUNTRY'S YOUTH . WHIRBAS, 20 children of the City of Atlanta, Georgia, have been slain in a tragic and senseless manner~ and WBBREAS, good people must collectively gather together to defeat this injustice to our children and overcome this most grievous of crimes~ and WBBRBAS, the people of the City of Englewood are outraged by the taking of human life, and they extend their deepest and most heartfelt sympathy to the families and friends of those who have suffered the most severe loss in life--that of a child~ and WHIRBAS, the people of the City of Englewood desire to express their sincere concern over the iBdnent threat of loss of more children • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY or ENGLEWOOD, COLORADO, as follows: 1. The Members of City Council, on behalf of the people of the City of Englewood, Colorado, express their sincere moral sUpport for the people of the City of Atlanta to assist them in the teraination of the senseless taking of the lives of children, this injustice to our children, and the overcoming of this most grievous of crimes. 2. The City Council, on behalf of the people of the City of Englewood, Colorado, hereby extends to the City of Atlanta and its people the sympathy of the entire City of Englewood and con- firm that people of Atlanta shall be in our thoughts and prayers . 3. The City of Englewood supports the use of federal funds to accomplish the overcoming of this most grievous of crimes and injustice to our children. ADOPTED AND APPROVED this 16th day of March, 1981 • Eugene L. Ot1s, Mayor Attest: ex officio City Clerk-Treasurer • I • • • • • • • . . • I, Gary R. Higbee, ex officio City Clerk-Treaaurer of the City of Englewood, Colorado, hereby certify that the foregoing ia a true, accurate and co~lete copy of Resolution No. , Series of 1911. Giry R. Biqbie • 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 March 11, 1981 ~A INITIATED BY City Hanager SUBJECT Municipal Golf Course Cart and Pedestrian Paths ACT I ON PROPOSED __ ~Re.....,c""o,..nvne....,..._n!>oduai!Jt..:i~o"-ln~o~f~A~w=a~r.l:ldc....:f~o~r~t:.!h.!:e=-....:C:::o~n=s~t:r..!:!u~cc.!:t:=i:.!::o~n~o~f:___ the Golf Course Cart and Pedestrian Paths INTRODUCTION AND BACKGROUND The Englewood Municipal Golf Course is located just north of Oxford along the South Platte River. The course consists of eighteen holes, nine on ~ ~ach side of the river. The west side of the course was completed in ~~1977. The east side was completed this fall and will be ready for play this spring. A bridge was constructed last winter approximately 650 feet north of Oxford Avenue. Plans and specifications were prepared by the engineering consulting firm of Don Nisbet and Associates for the construction of cart and pedestrian paths to connect to the west nine holes and the first tee on the east nine. Also, included in this project is the installation of a 6-inch water line between the two irrigation systems, the filling of large drainage swale on the west side of the river and storm drainage pipelines. On March lOth bids were opened for this project. Six contractors sub- mitted bids. Duran Excavating of Greeley is the low bidder on this project with a total bid of $89,308.20. The bids and engineer's estimate are: Contractor Duran Excavating Abbott Construction *O'Dell, Inc. Technology Constructors Arvada Excavating .~ngineer's Estimate J.Peter Kiewit Sons $ Base Bid 83,663.00 83,261.72 88,403.50 94,533.60 93,246.00 103,734.00 165,400.00 Alt.l $ 500.00 174.00 600.00 2,000.00 504.00 850.00 1,500.00 Alt.2 Total $ 5,145.20 $ 89,308.20 6,412.10 89,847.82 6,341.00 95,344.50 6,985.20 103,518.80 10,652.00 104,402.00 9,735.00 114,319.00 5,776.80 172,676.80 * Bid rejected due to irregularities in completing proposal form • • I • • ( ( • • • ,. ------------------------------------------------------------------- Alternate 1 is for the removal of an existing 48 -inch culvert pipe across Big Dry Creek. Fill material to be utilized for this project is to be obtained f rom exc ess dirt from the Allen Water Treatment Plant Expan s i o n P ro jec t . The culve rt pipe wa s put i n as a tempora r y cro ssin g o n Bi g Dry Creek to obtain th i s mate r i al. Alternate 2 is for sterilizing the basecourse and install i ng asp h alt s u rfacing. These alternates were bid since City forces could do this work i f t he contract price was too high. The low bidder's bid price for alte rnate 1 and 2 are very good and we recommend they be done by the contractor. For instance the asphalt paths material and installation were bid at $4,880; the City's cost for asphalt alone would be $4,000. There would not be a large savings, if any, if the City crews and equipment were used. FINANCIAL DETAILS The total amount available for construction of this project is $108,000. The difference of $18,691.80 ($108,000-89,308.20) is to be reserved for project contingencies. CONCLUSION AND RECOMMENDATION We recommend awarding the total project, including alternates 1 and 2, to Duran Excavating in the amount of $89,308.20. Since we were unfamiliar with Duran Excavating, we contacted several references provided by them They come highly recommended from two large general contracting firms, Northern Colorado Construction Company and Blackington and Decker Company, Inc.,for good quality of work and meeting time schedules,having done work for those firms over the past 2~ years. Some of their subcontracting work was for cities of Loveland and Greeley. We feel the reference checks showed above average performance to support our recommendation to award the project to Duran Excavating. • I • •