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HomeMy WebLinkAbout1981-04-20 (Regular) Meeting Agenda_City Council Meeting -Regular April 20, 1981 • • • • • • - City Council Meeting April 20 I 1981 RESOLUTION I ~~20 1 21 1 22 ORDINANCE I/. r. 38 I 39 I 40 • 0 • I . . c • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO April 20, 1981 \lA- The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on April 20, 1981, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas Fitzpatrick. 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 REGULAR MEETING OF APRIL 6, 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Counc il Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw , Ot is . None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROV E A PROCLAMATION DECLARING THE WEEK OF APRIL 20 -26, 1981, AS "VICTIM RIGHTS WEEK". Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows : • I • • ( • • • April 20, 1981 Page 2 Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis presented the proclamation to Ms. Ann Mcintyre ', of the District Attorney's office. Ms. Mcintyre stated there was a bill pending before the legislature which would establish a crime victim compensation fund. Ms. Mcintyre passed out buttons stating "Victims Are People" to each Council member to wear during the pro- claimed week. were: * * * * * * There wer e no other visitors at this time. **'1•*** "ColllllUnications -No Action Recommended" on the agenda (a) (b) (c) (d) (e) Minutes of the Board of Adjustment and Ap- peals meeting of March 11, 1981. Minutes of the Planning and Zoning Commission meeting of March 17, 1981. Minutes of the Denver Regional Council of Governments meeting of March 18, 1981. Minutes of the Liquor License Authority meeting of March 18, 1981. Minutes of the Downtown Development Authority meeting of April 8, 1981. COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" AGENDA ITEMS SA -SE. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays : None. The Mayor declared the motion carried. * * * * * * • I • • • • April 20, 1981 Page 3 • .. Assistant City Manager Richard Wanush presented a Coun- cil Communication from the Planning and Zoning Commission meeting of April 7, 1981, concerning a request to vacate the portion of a utility easement in the Centennial South Subdivision, which is located on the southeast corner of West Union Avenue and South Decatur Street, for which there is no public purpose. COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY AT- TORNEY TO PREPARE AN ORDINANCE APPROVING THE VACATION REQUEST. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council Communication from the Planning and Zoning Commission meeting of April 7, 1981, concern- ing the findings of fact on rezoning of lots 10 and 11, Block 1, Centennial Industrial Park -George B. Adams. COUNCIL MEMBER KEENA MOVED TO RECEIVE THE FINDINGS OF FACT. 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 Andy McCown presented a Council Communica- tion from the Water and Sewer Board meeting of April 14, 1981, con- cerning the McLellan Reservoir Watershed Study. Mr. McCown stated there was concern that the development in and around the reservoir provide proper drainage facilities. Mr. McCown stated the reservoir is the source of supply for the drinking water in Englewood and in the future will be a source of a portion of drink- ing water for Mission Viejo Corporation. He stated in discussions with the City of Littleton, the developers and other related parties~ the question arose as to what is the proper amount and quality of • I • • • April 20, 1981 Page 4 • - _water that should be allowed into the reservoir ; and at this parti- cular time, there is no answer. Mr. McCown recommend ed that staff be authorized to enter into contract negotiations with Black and Veatch to have a study prepared to develop parameters on how much water and level of quality of water can be allowed to go into the reservoir. Mr . McCown stated when a full propo sa l is ready he would come back to Council with the costs and request direction from Council. COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT STAFF TO NEGOTIATE A CONTRACT WITH BLACK AND VEATCH CONSULTING ENGINEERS TO STUDY THE EFFECTS OF THE PROPOSED URBANIZATION IN THE MC- LELLAN RESERVOIR WATERSHED ON THE WATER QUALITY IN THE RESER- VOIR. Council Member Bilo seconded the motion. In response to Council Member Bilo's question, Mr. McCown stated since a portion of the McLellan Reservoir would go to Mission Vie jo Corporation, they might be will i ng to share a portion of the costs of the study. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Nea l , Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a letter from Cyndi Geist, 3030 South Marion Street, concerning her resignation from the Non- Emergency Employees' Retirement Board. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE RE- SIGNATION. 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 instructed the City Manager to advertise for the vacancy as well as for vacancies on the Election Commission ·, Elsie Malley Trust Fund Board and the Englewood Downtown Develop- ment Authority. * * * * * * • I • • • • • April 20, 1981 Page 5 • • Mayor Otis presented the minutes of the Parks and Re- creation Commission meeting of April 9, 1981, with recommenda- tions requesting to have a member of the Commission present at City Council meetings with staff and requesting that revisions be made to the ordinance which created the Parks and Recreation Commission. Council Member Fitzpatrick noted that during a study session questions arose concerning the aforementioned recommenda- tions. Mr. Fitzpatrick stated it was suggested that the recom- mendations be tabled until Council could meet with the Parks and Recreation Commission. COUNCIL MEMBER BRADSHAW MOVED TO TABLE AGENDA ITEMS 6(E)(I) AND 6(E)(II). Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Counc1l Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented the minutes of the Parks and Re- creation Commission meeting of April 9, 1981, with a recommenda- tion from the Commission concerning the selection of Trustee mem- bers to the Malley Center Trust Fund. COUNCIL MEMBER KEENA MOVED TO APPROVE THE APPOINTMENT OF RUTH "PERKY" ALLEN AS THE REPRESENTATIVE FROM THE PARKS AND RECREATION COMMISSION; DR. GATEWOOD C. MILLIGAN, HAROLD RUST, AND EVELYN BROOM AS REPRESENTATIVES FROM THE ELSIE HALLEY CENTER; AND COUNCIL MEMBER BRADSHAW AS REPRESENTATIVE FROM THE CITY COUN- CIL TO THE HALLEY CENTER TRUST FUND. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * • I • • c • April 20 , 198 1 Page 6 ORDINANCE NO. 36 SERIES OF 198 1 • • BY AUTHORITY COUNCIL BILL NO. 38 INTRODUCED BY COUNC IL MEMBER KEENA AN ORDINANCE AMENDING SECTION l, CHAPTER l, TITLE VIII , OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED, PROVIDING FOR NIN E CITIZEN-AT-LARGE MEMBERS OF PUBLIC LIBRARY BOARD. COUNC I L MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 38 •, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Higday, Ne al, Fitzpatrick, Keena, Bilo , Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Higday instructed staff to write a letter to Bruce Hogue explaining how this ordinance c l a rifi es the discre- pancy in term expirations which he brought to Council's attention a few weeks ago. ORDINANCE NO. 37 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT PROVIDING FOR SHARED COST OF REPLACEMENT OF THE SOUTH PLATTE RIVER DRIVE BRIDGE OVER LITTLE DRY CREEK. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 39 ', SERIES OF 1981 , ON FINAL READING. Council Member Bilo seconded the motion. Upon a cal l of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal , Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. • I • • • April 20, 1981 Page 7 • - Mayor Otis stated at the Urban Drainage and Flood Con- trol meeting last Thursday, the board passed on and agreed to share with Englewood the first phase between the river and San ta Fe . Wor k will commence June 1st. ORDINANCE NO. SERIES OF 1981 * * * * * * AY AUTHORITY A BILL FOR COUNCIL BILL NO. 41 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE REPEALING AND REENACTING SECTIONS 1 THROUGH 16 OF CHAPTER 7, TITLE IX, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED. City Attorney DeWitt stated a section was removed, which appeared in the proposed bill, thereby allowing Council further consideration of additional penalty provisions. Council Member Neal requested the City Attorney to prepare language that would raise the general limit for city violations; not to a specific limit, but Mr. Neal stated he wanted to make sure the subject came up as a topic in a study session. Mr. Neal asked that this request be done in the next two months. City Attorney DeWitt stated the maximum dollar limit was $999; and as a realistic matter 90 days in j ail was the maximum, practical timeframe. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 41, SERIES OF 1981, ON FIRST READING. Council Memb e r Bilo seconded the motion. Council Member Neal stated previously he had request- ed some definitive language concerning business personnel hindering police officers from entering the premises. Mr. Neal stated it was explained to him by City Attorney DeWitt why it was better leaving the language undefined. Upon a call of the roll, the vote resulted as follow s : Ayes: Nays: Council Members Higday, Nea l, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None . • I • • • I • April 20, 1981 Page 8 • • • The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 42 IN TR ODUCED BY COUNC IL MEMB ER AN ORDINANCE AMENDING THE 1969 ENGLEWOOD MUNICIPAL CODE BY TH ~ ADDITION THERETO OF CHAPTER 1.5 OF TITLE XII PROVIDING FOR TH . DEFERMENT OF PAYMENT OF SPECIAL ASSESSMENTS MADE UPON PROPERTY OCCUPIED AS A RESIDENCE BY 1HE OWNERS. City Attorney DeWitt asked that the bill be tabled t - cause there needed to be further discussion with Finance, Co m- munity Development and his office to work out the actua l pr oc • dure. Council Member Neal expressed concerns in that the d<tEr- mination of eligibility was being made by the Director of Fi n~r Mr. Neal stated maybe it should be made by Council. He sta ted 1 ~reference to make application for deferment was at the form a t1or of the district. Mr. Neal stated perhaps some safeguard or d ef1 1- tion of assessment district should be inserted. COUNCIL MEMBER BRADSHAW MOVED TO TABLE COUNC IL BIL L NO. 42, SERIES OF 1981. Council Member Bilo seconded the mo t:on. Council instructed City Attorney DeWitt to return t~ bill on the agenda of May 4, 1981; and further instruct ed th City Manager to place the bill on a study session prior to t Council meeting. Council Member Neal noted if the time of app lication was changed to the formation of the district, there should b a grandfather clause to cover Paving District No. 27. Upon a call of the roll, the vote resulted as foll Ayes : Nays : Council Members Higday, Neal , Fitzpa tri cK, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • • • April 20, 1981 Page 9 RESOLUTIOR 110. 18 SERIES OF 1981 • • A RESOLUTIOR REAFnRMING APPOINTMENTS TO 'lliE PUBLIC LIBRARY BOARD. COUNCIL MEMBER BRADSHAW K>VED TO PASS RESOLUTION NO. 18, SERIES OF 1981. Council Me~er Fitzpatrick seconded the IIOtion. Council Me~er Bradshaw instructed the City Manager to send a copy of this resolution to Mr. Hogue with an appro- priate explanatory letter. Upon a call 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 K>VED TO APPROVE A PROCLAMATION DECLARING THE WEEK OF APRIL 27 -MAY 3, 1981, AS "VOLUNTEER RE- COGNITIOR 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 aotion carried. * * * * * * City Attorney DeWitt gave a status report on the Dart Board case pending in district court. Mr. DeWitt stated his office was still working on the case and it had finally been re- assigned to the correct division; however, the judge has re- signed and a new one will be appointed. * * * * * * City Attorney DeWitt announced the resignation of Leo Clark, prosecutor for the City • • I • • • April 20, 1981 Page 10 • • • COUNCIL MEMBER NEAL MOVED TO ACCEPT LEO CLARK'S RESIGNA- TION FROM THE CITY OF ENGLEWOOD ; AND REQUESTED THE CITY ATTORNEY TO SEND HIM A LETTER. Council Member Bradshaw seconded the motion. In response to Council Member Higday's question, Mr. DeWitt presented Mr. Clark's letter of resignation. Upon a call 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 and resolution concerning the Six-Quarter Budget for April, 1981 through September, 1982. Council Member Neal requested that he be provided with a map which located the handicap ramps. RESOLUTION NO. 19 SERIES OF 1981 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 19 •, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a Council Communication concerning Aid To Other Agencies. COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT THAT FUNDS BE ALLOCATED TO DBA FOR $500; COMMUNITY ARTS SYMPHONY FOR $3,500; INTER-FAITH TASK FORCE FOR $10,000; LEAGUE OF WOMEN VOTERS FOR $700; HOLIDAY PARADE FOR $2,000; ARAPAHOE HOUSE FOR $5,500; AND • I • • • Apr il 20 , 19 8 1 Page 11 • • TO HOLD THE AMOUNT TO THE ENG LEWOOD JAYCEES. Counc i l Member Neal seconded th e mo tion. Upon a c all of the r oll , the vot e r e - sulted as f ollows : Aye s : Nays : Counc i l Members Higday, Neal , Fitzpatrick, Keena, Bilo, Bradshaw, Ot i s. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a Counc i l Communication concerning fee increases for the Recreation De partment. COUNCIL MEMBER BRADSHAW MOVED TO RATIFY THE FEE IN- CREASES FOR PARKS AND RECREATION DEPARTMENT. Council Member Fitzpatrick seconded the motion. Council Member Keena spoke against the increase on the basis that it had not been proven to her that the administrative costs can be adequately handled; and further it was difficult to to prove residency. Ms. Keena stated most of the metro area is used and shared by citizens of neighboring communities free of charge. Council Member Higday stated he would have liked to see the non-resident fee increased more than 25%. Council Member Bilo spoke against the charge for the Junior Spor t s program. Council Member Bradshaw stated it was difficult t o recover costs for adult activities. She stated that non-r e- sidents should not be p e nalized by a high fee but should be expected to pay some additional charge to use Englewood's ~rograms. Sh e s t a ted the Junior American prog ram was only ~10 per part ic ipan t wi t h unlimited activities. Cou ncil Memb er Fi t z patrick stat e d the 25% for non- residen t was nom inal and disagreed tha t t he a dministration costs would eat up the increase. Mr. Fitzpatrick stat ed the instructor of each c l ass should be able to te l l a fter a short period of time i f th e p art i cipants wer e res i d e n t or non -r esi- dent. Mr. Fitzpa tr ick s tated h e d id no t wi s h to pena liz e the neighbors of Engl e wood . Counc i l Me mb e r Neal argued that ne i ghboring communiti es did pay certain f ee s . Mr. Neal stated ther e was a $2.00 head tax I • • 0 • • April 20, 1981 Page 12 .. • - for people who work in Denver and there was a 50¢ additional fee per round of golf for anyone who is not resident of Denver and wanted to play Denver golf courses. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Bradshaw, Otis. Couincil Members Keena, Bilo. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed the literature he sent to Council regarding the Regional Transportation District. Mr. McCown stated if Council had any particular projects they wanted to add to the enclosed list of improvements to be sent to RTD to let him know this week. He stated RTD pays for various improve- ments to streets, curbs, etc., if in fact it can be proven that the improvements relate to helping buses move better through traffic. In response to Council Member Higday's question, Mr. McCown stated the request did not include bus stops or shelters. * * * * * * Council scheduled the review of the municipal court study for April 29, 1981, at 5:00 p.m. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE 1980 FI- NANCIAL REPORT. 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 announced there were no more massage parlors in the City of Englewood • • I • • 0 • • • • - April 20 , 1981 Page 13 Council Member Bilo stated a sign had been put up on Dartmouth and Santa Fe. Council Member Fitzpatrick stated Assistant City Manager Rich Wanush would investigate to see if the sign meets code. * * * * * * Council Member Bradshaw stated last week a citizen called her to thank her for the fine staff at City Hall who work with the home rehabilitation program. The citizen further thanked the City for the loan she received for her home. * * * * * * Mayor Otis announced the ground breaking c eremonies for the new Senior Citizen High Rise would be Saturday at 11:00 a.m. * * * * * * Council Member Neal asked City Attorney DeWi t t when the ordinance regarding the zoning for massage parlors, adult book stores, etc. was going to be prepared. City Attorney DeWitt stated he was planning to intro- duce it at the next regular meeting. * * * * * * Council Member Higday asked when the second nine holes of the golf course would open. 1981. City Manager McCown stated plans were still for June 15 1, * * * * * * There was no further business to be discussed, * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING, 8 :45 p.m • Mayor Otis adjourned the meeting without a vote at • I • • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO April 20, 1981 \[\__ The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on April 20, 1981, at 7 :30p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas Fitzpatrick. 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 Higd a y, 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 REGULAR MEETING OF APRIL 6, 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. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION DECLARING THE WEEK OF APRIL 20 -26, 1981, AS "VICTIM RIGHTS WEEK". Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • • • • April 20, 1981 Page 2 Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis presented the proclamation to Ms. Ann Mcintyre ', of the District Attorney's office. Ms. Mcintyre stated there was a bill pending before the legislature which would establish a crime victim compensation fund. Ms. Mcintyre passed out buttons stating "Victims Are People" to each Council member to wear during the pro-claimed week. were: * * * * * * There were no other visitors at this time. * * * * * * "Coliii1Unications -No Action Recommended" on the agenda (a) (b) (c) (d) (e) Minutes of the Board of Adjustment and Ap- peals meeting of March 11, 1981. Minutes of the Planning and Zoning Commission meeting of March 17, 1981. Minutes of the Denver Regional Council of Governments meeting of March 18, 1981. Minutes of the Liquor License Authority meeting of March 18, 1981. Minutes of the Downtown Development Authority meeting of April 8, 1981. COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" AGENDA ITEMS SA-SE. 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. * * * * * * • I • • 0 • '( • April 20, 1981 Page 3 • - Assistant City Manager Richard Wanush presented a Coun- cil Communication from the Plann ing and Zoning Commission meeting of April 7, 1981, concerning a request to vacate the portion of a utility easement in the Centennial South Subdivision, which is located on the southeast corner of West Un i on Avenue and South Decatur Street, for which there is no publ ic purpose. COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY AT- TORNEY TO PREPARE AN ORDINANCE APPROVING THE VACATION REQUEST. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Higday, Neal , Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council Communication from the Planning and Zoning Commission meeting of April 7, 1981, concern- ing the findings of fact on rezoning of lots 10 and 11, Block l, Centennial Industrial Park -George B. Adams. COUNCIL MEMBER KEENA MOVED TO RECEIVE THE FINDINGS OF FACT. 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 Manag er Andy McCown presented a Council Communica- tion from the Water and Sewer Board meeting of April 14, 1981, con- cerning the McLellan Res ervoir Watershed Study. Mr. McCown stated there was concern that the development in and around the reservoir provide proper drainage facilities. Mr. McCown stated the reservoir is the source of supply for the drinking water in Englewood and in the future will be a source of a portion of drink- ing water for Mission Viejo Corporation. He stated in discussions with the City of Littleton, the developers and other related parties •, the question arose as to what is the proper amount and quality of • I • • t • April 20, 1981 Page 4 .. • - _water that should be allowed into the reservoir; and at this parti- cular time, there is no answer. Mr. McCown recommended that staff be authorized to enter into contract negotiations with Black and Veatch to have a study prepared to develop parameters on how much water and level of quality of water can be allowed to go into the reservoir. Mr. McCown stated when a full proposal is ready he would come back to Council with the costs and request direction from Council. COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT STAFF TO NEGOTIATE A CONTRACT WITH BLACK AND VEATCH CONSULTING ENGINEERS TO STUDY THE EFFECTS OF THE PROPOSED URBANIZATION IN THE MC- LELLAN RESERVOIR WATERSHED ON THE WATER QUALITY IN THE RESER- VOIR. Council Member Bilo seconded the motion. In response to Council Member Bilo's question, Mr. McCown stated since a portion of the McLellan Reservoir would go to Mission Viejo Corporation, they might be willing to share a portion of the costs of the study. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a letter from Cyndi Geist, 3030 South Marion Street, concerning her resignation from the Non- Emergency Employees' Retirement Board. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE RE- SIGNATION. 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 instructed the City Manager to advertise for the vacancy as well as for vacancies on the Election Commission ;, Elsie Malley Trust Fund Board and the Englewood Downtown Develop- ment Authority. * * * * * * • I • • ( c • April 20, 1981 Page 5 • • - Mayor Otis presented the minutes of the Parks and Re- creation Commission meeting of April 9, 1981 , with recommenda- tions requesting to have a member of the Commission present at City Council meetings with staff and requesting that revisions be made to the ordinance which created the Parks and Recreation Commission. Council Member Fitzpatrick noted that during a study session questions arose concerning the aforementioned recommenda- tions. Mr. Fitzpatrick stated it was suggested that the recom- mendations be tabled until Council could meet with the Parks and Recreation Commission. COUNCIL MEMBER BRADSHAW MOVED TO TABLE AGENDA ITEMS 6(E)(I) AND 6(E)(II). Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Counc~l Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented the minutes of the Parks and Re- creation Commission meeting of April 9, 1981, with a recommenda- tion from the Commission concerning the selection of Trustee me~ bers to the Malley Center Trust Fund. COUNCIL MEMBER KEENA MOVED TO APPROVE THE APPOINTMENT OF RUTH "PERKY" ALLEN AS THE REPRESENTATIVE FROM THE PARKS AND RECREATION COMMISSION; DR. GATEWOOD C. MILLIGAN, HAROLD RUST, AND EVELYN BROOM AS REPRESENTATIVES FROM THE ELSIE MALLEY CENTER; AND COUNCIL MEMBER BRADSHAW AS REPRESENTATIVE FROM THE CITY COUN- CIL TO THE MALLEY CENTER TRUST FUND. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • ( • April 20, 1981 Page 6 ORDINANCE NO. 36 SERIES OF 1981 • - BY AUTHORITY COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE AMENDING SECTION 1, CHAPTER 1, TITLE VIII, OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED, PROVIDING FOR NINE CITIZEN-AT-LARGE MEMBERS OF PUBLIC LIBRARY BOARD. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 38 1, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Council Members Higday, Nea l, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Higday instructed staff to write a letter to Bruce Hogue explaining how this ordinance clarif ies the discre- pancy in term expirations which he brought to Council's attention a few weeks ago. ORDINANCE NO. 37 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT PROVIDING FOR SHARED COST OF REPLACEMENT OF THE SOUTH PLATTE RIVER DRIVE BRIDGE OV ER LITTLE DRY CREEK. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 3 9 1, SERI ES OF 1981, ON FINAL READING. Counc i l Member Bilo seconded t h e mo tion. Upon a call 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 • • ( ( ( • April 20, 1981 Page 7 • - Mayor Otis stated at the Urban Drainage and Flood Con- trol meeting last Thursday, the board passed on and agreed to share with Englewood the first phase between the river and Santa Fe . Work will commence June lat. ORDINANCE NO. SERIES OF 1981 * * * * * * AY AUTHORITY A BILL FOR COUNCIL BILL NO. 41 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE REPEALING AND REENACTING SECTIONS l THROUGH 16 OF CHAPTER 7, TITLE I X, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED. City Attorney DeWitt stated a section was remov e d, which appeared in the proposed bill, thereby allowing Council further consideration of additional penalty provisions. Council Member Neal requested the City Attorney to prepare language that would raise the general limit fo r city violations; not to a specific limit, but Mr. Neal stated he wanted to make sure the subject came up as a topic in a study session. Mr. Neal asked that this request be done in the next two months. City Attorney DeWitt stated the maximum dollar limit was $999; and as a realistic matter 90 days in jail was the maximum, practical timeframe. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 41, SERIES OF 1981, ON FIRST READING. Council Member Bilo seconded the motion. Council Member Neal stated previously he had request- ed some definitive language concerning business personnel hindering police officers from entering the premises. Mr. Neal stated it was explained to him by City Attorney DeWitt why it was better leaving the language undefined. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None • • I • • ( c c • April 20 , 1981 Page 8 • • The Mayor declared the mot ion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 42 IN TR ODUCED BY COUNC L MEMBER AN ORDINANCE AMENDING THE 1969 ENGLEWOOD MUNICIPAL COD E BY THI ADDITION THERETO OF CHAPTER 1.5 OF TITLE XII PROVIDING FOR TH ~ DEFERMENT OF PAYMENT OF SPECIAL ASSESSMENTS MADE UPON PROPERT\ OCCUPIED AS A RESIDENCE BY 1HE OWNERS. City Attorney DeWitt asked that the bill be tabled cause there needed to be further discussion with Finan ce, Co m- munity Development and his office to work out the a ctual pr oc dure. Council Member Neal expressed concerns in that the d ttr- mination of eligibility was being made by the Director of Fin ar ' • Mr. Neal stated maybe it should be made by Council. He stat d 1 ~ preference to make application for deferment was at the f o rma tio of the district. Mr. Neal stated perhaps some safeguard or d ef r~­ tion of assessment district should be inserted. COUNCIL MEMBER BRADSHAW MOVED TO TABLE COUNC IL BILL NO. 42, SERIES OF 1981. Council Member Bilo seconded the mo t ion. Council instructed City Attorney DeWitt to return t h bill on the agenda of May 4, 1981; and further instructed th e City Manager to place the bill on a study session prior to tha. Council meeting. Council Member Neal noted if the time of applicati o n was changed to the formation of the district, there should b a grandfather clause to cover Paving District No. 27. Upon a call of the roll, the vote resulted as foll ow s: Ayes: Nays : Council Members Higday, Neal, Fitzpatri c k Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • ( ( ( • Apr il 20, 1981 Page 9 RESOLUTION NO. 18 SERIES OF 1981 • • A RESOLUTION REAF FI RM I NG APPO I NTMENTS TO THE PUBL IC LI BRARY BOARD. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 18, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Council Member Bradshaw instructed the City Manager to send a copy of this resolution to Mr. Hogue with an appro- priate explanatory letter. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION DECLARING THE WEEK OF APRIL 27 -MAY 3, 1981, AS "VOLUNTEER RE- COGNITION 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. * * * * * * City Attorney DeWitt gave a status report on the Dart Board case pending in district court. Mr. DeWitt stated his office was still working on the case and it had finally been re- assigned to the correct division; however, the judge has re- signed and a new one will be appointed. * * * * * * City Attorney DeWitt announced the resignation of Leo Clark, prosecutor for the City. • I • • ( ( (_ • April 20, 1981 Page 10 • - COUNCIL MEMBER NEAL MOVED TO ACCEPT LEO CLARK'S RESIGNA- TION FROM THE CITY OF ENGLEWOOD; AND REQUESTED THE CITY ATTORNEY TO SEND HIM A LETTER. Council Member Bradshaw second e d the mot i on. In respons e to Council Member Higday's question, Hr. DeWitt presented Hr. Clark's letter of resignation. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Counc il Members Higdsy, Neal, Fitzpatrick•, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a Council Communication and resolution concerning the Six-Quarter Budget for April, 1981 through September, 1982. Council Member Neal requested that he be provided with a map which located the handicap ramps. RESOLUTION NO. 19 SERIES OF 1981 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 19 •, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw , Otis. None. The May or declared the motion carried. * * * * * * City Manager McCown presented a Council Communication concerning Aid To Other Agencies. COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT THAT FUNDS BE ALLOCATED TO DBA FOR $500; COMMUNITY ARTS SYMPHONY FOR $3,500; INTER-FAITH TASK FORCE FOR $10,000; LEAGUE OF WOMEN VOTERS FOR $700; HOLIDAY PARADE FOR $2,000; ARAPAHOE HOUSE FOR $5,500; AND I • • ( ( t ( • April 20, 1981 Page 11 • - TO HOLD THE AMOUNT TO THE ENGLEWOOD JAYCEES. Council Member Neal 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 a Council Communica ion concerning fee increases for the Recreation De partment. COUNCIL MEMBER BRADSHAW MOVED TO RATIFY THE FEE IN - CREASES FOR PARKS AND RECREATION DEPARTMENT. Council Memb r Fitzpatrick seconded the motion. Council Member Keena spoke against the increa se on the basis that it had not been proven to her that the administrative costs can be adequately handled; and further it was difficult to to prove residency. Ms. Keena stated most of the metro area is used and shared by citizens of neighboring communities free of charge. Council Member Higday stated he would have liked to see the non-resident fee increased more than 25%. Council Member Bilo spoke against the charge for the Junior Sports program. Council Member Bradshaw stated it was difficult to recover costs for adult activities. She stated that non-re- sidents should not be penalized by a high fee but should be expected to pay some additional charge to use Englewood's programs. She stated the Junior American program was only ~10 per participant with unlimited activities. Council Member Fitzpatrick stated the 25% for non- resident was nominal and disagreed that the administration costs would eat up the increase. Mr. Fitzpatrick stated the instructor of each class should be able to tell after a short period of time if the participants were resident or non-resi- dent. Mr. Fitzpatrick stated he did not wish to penalize the neighbors of Englewood. Council Member Neal argued that neighboring communities did pay certain fees. Mr. Neal stated there was a $2.00 head tax • I • • c (_ • April 20, 1981 Page 12 • • - for people who work in Denver and there was a 50¢ additional fee per round of golf for anyone who is not resident of Denver and wanted to play Denver golf courses. Upon a call of the roll, the vote on the motion resulted as follows : Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Bradshaw, Otis. Couincil Members Keena, Bilo. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed the literature he sent to Council regarding the Regional Transportation District. Mr. McCown stated if Council had any particular projects they wanted to add to the enclosed list of improvements to be sent to RTD to let him know this week. He stated RTD pays for various improve- ments to streets, curbs, etc., if in fact it can be proven that the improvements relate to helping buses move better through traffic. In response to Council Member Higday's question, Mr. McCown stated the request did not include bus stops or shelters. * * * * * * Council scheduled the review of the municipal court study for April 29, 1981, at 5:00 p.m. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE 1980 FI- NANCIAL REPORT. 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 announced there were no more massage parlors in the City of Englewood. • I • • c l • • • • April 20, 1981 Page 13 Council Member Bilo stated a sign had been put up on Dartmouth and Santa Fe. Council Member Fitzpatrick stated Assistant City Manager Rich Wanush would investigate to see if the sign meets code. * * * * * * Council Member Bradshaw stated last week a citizen called her to thank her for the fine staff at City Hall who work with the home rehabilitation program. The citizen further thanked the City for the loan she received for her home. * * * * * * Mayor Otis announced the ground breaking ceremonies for the new Senior Citizen High Rise would be Saturday at 11:00 a.m. * * * * * * Council Member Neal asked City Attorney DeWitt when the ordinance regarding the zoning for massage parlors, adult book stores, etc. was going to be prepared. City Attorney DeWitt stated he was planning to intro- duce it at the next regular meeting. * * * * * * Council Member Higday asked when the second nine holes of the golf course would open. 1981. City Manager McCown stated plans were still for June 15 1, * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. 8:45 p.m. Mayor Otis adjourned the meeting without a vote at i~~<u)~ !!)PUy City Cik • I • • c c • REGULAR MEETING: • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO April 20, 1981 \lA- The City Council of the City of Englewood, Arapahoe County, Colorado, met i n regular session on April 20, 1981, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas Fitzpatrick. The pledge of allegiance was led by Boy Scout Troop 192. Mayor Otis asked for roll call. Upon a cal l of the roll, the following were present : Council Members Higd a y, Neal, Fitzpatrick, Ke e na ·, Bilo, Bradshaw, Otis. Absent: None, The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager City Attorney DeWitt Wanush Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 6, 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. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION DECLARING THE WEEK OF APRIL 20 -26, 1981, AS "VICTIM RIGHTS WEEK", Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • • • Ap ri l 20, 1981 Page 2 Ayes : Nays : Counc i l Members Higday, Neal, Fit z patr i ck, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis presented the proclamation to Ms. Ann Mcintyre •, of the District Attorney's office. Ms. Mcintyre stated there was a bill pending before the legislature which would establish a crime victim compensation fund. Ms. Mcintyre passed out buttons stating "Victims Are People" to each Council member to wear during the pro- claimed week. were: * * * * * * There wer e no other visitors at this time. * * * * * * "Communications -No Action Recommended " on the agenda (a) (b) (c) (d) (e) Minutes of the Board of Adjustment and Ap- peals meeting of March 11, 1981. Minutes of the Planning and Zoning Commission meeting of March 17, 1981. Minutes of the Denver Regional Council of Governments meeting of March 18, 1981. Minutes of the Liquor License Authority meeting of March 18, 1981. Mi nutes of the Downtown Development Authority meeting of April 8, 1981. COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" AGENDA ITEMS SA-SE. 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. * * * * * * • I • • ( 0 • April 20 , 19 8 1 P age 3 • .. Assi s t ant City Man a ger Ri chard Wanush p resented a Coun - c i l Commun i cat i o n fro m th e Planning and Zoning Comm i s sion meeting of Apr i l 7, 1981, concern i ng a request to vacate t he p ort ion of a ut i li t y eas e me n t i n the Centennial South Subd ivision, wh i ch i s located on t he southeast corne r of West Union Avenu e a nd So u t h Decatur Street, for which there is no public purpose. COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY AT- TORNEY TO PREPARE AN ORDINANCE APPROVING THE VACATION REQUEST. Council Member Keena seconded the motion. Upon a c a ll of the roll, the vote resulted as follows : Ayes : Nays : Council Members Higday, Neal, Fitzpatr i ck, Keena, Bilo, Bradshaw, Otis. None. The May or declared the motion carried. * * * * * * Mayor Otis presented a Council Communication from the Planning and Zoning Commission meeting of April 7, 1981, concern- ing the findings of fact on rezoning of lots 10 and 11, Block 1, Centennial Industrial Park -George B. Adams. COUNCIL MEMBER KEENA MOVED TO RECEIVE THE FINDINGS OF FACT. 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 Andy McCown presented a Council Communica- tion from the Water and Sewer Board meeting of April 14, 1981, con- cerning the McLellan Reservoir Watershed Study. Mr . McCown stated there was concern that the development in and around the reservoir provide proper drainage facilities. Mr. McCown stated the reservoir is the source of supply for the drinking water in Englewood and in the future will be a source of a portion of drink- ing water for Mission Viejo Corporation. He stated in discussions with the City of Littleton, the developers and other related parties~ the question arose as to what is the proper amount and quality of • I • • • April 20. 1981 Page 4 • • • water that should be allowed into the reservoir; and at this parti- -cular time, there is no answer. Mr. McCown recommended that staff be authorized to enter into contract negotiations with Black and Veatch to have a study prepared to develop parameters on how much water and level of quality of water can be allowed to go into the reservoir. Mr. McCown stated when a full proposal is ready he would come back to Council with the costs and request direction from Council. COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT STAFF TO NEGOTIATE A CONTRACT WITH BLACK AND VEATCH CONSULTING ENGINEERS TO STUDY THE EFFECTS OF THE PROPOSED URBANIZATION IN THE MC- LELLAN RESERVOIR WATERSHED ON THE WATER QUALITY IN THE RESER- VOIR. Council Member Bilo seconded the motion. In response to Council Member Bilo's quest ion, Mr. McCown stated since a portion of the McLellan Reservoir would go to Mission Viejo Corporation, they might be willing to share a portion of the costs of the study. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a letter from Cyndi Geist, 3030 South Marion Street, concerning her resignation from the Non-Emergency Employees' Retirement Board. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE RE- SIGNATION. 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 instructed the City Manager to advertise for the vacancy as well as for vacancies on the Election Commission •, Elsie Malley Trust Fund Board and the Englewood Downtown Develop-ment Authority. * * * * * * • I • • • I • April 20, 1981 Page 5 • • - Mayor Otis presented the minutes of the Parks and Re- creation Commission meeting of April 9, 1981, with recommenda- tions requesting to have a member of the Commission present at City Council meetings with staff and requesting that revisions be made to the ordinance which created the Parks and Recreation Commission. Council Member Fitzpatrick noted that during a study session questions arose concerning the aforementioned recommenda- tions. Mr. Fitzpatrick stated it was suggested that the recom- mendations be tabled until Council could meet with the Parks and Recreation Commission. COUNCIL MEMBER BRADSHAW MOVED TO TABLE AGENDA ITEMS 6(E)(I) AND 6(E)(II). 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. * * * * * * Mayor Otis presented the minutes of the Parks and Re- creation Commission meeting of April 9, 1981, with a recommenda- tion from the Commission concerning the selection of Trustee mem- bers to the Malley Center Trust Fund. COUNCIL MEMBER KEENA MOVED TO APPROVE THE APPOINTMENT OF RUTH "PERKY" ALLEN AS THE REPRESENTATIVE FROM THE PARKS AND RECREATION COMMISSION; DR. GATEWOOD C. MILLIGAN, HAROLD RUST, AND EVELYN BROOM AS REPRESENTATIVES FROM THE ELSIE MALLEY CENTER; AND COUNCIL MEMBER BRADSHAW AS REPRESENTATIVE FROM THE CITY COUN- CIL TO THE MALLEY CENTER TRUST FUND. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • • I • • Apr il ~0 , 198 1 • Page 6 • ORDINANCE NO. 36 SERIES OF 1981 BY AUTHORITY COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER KE ENA AN ORDINANCE AMENDING SECTION 1, CHAPTER 1, TITLE VIII , OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED, PROVIDING FOR NINE CITIZEN-AT-LARGE MEMBERS OF PUBLIC LIBRARY BOARD. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 38 1, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Council Members Higday, Ne al, Fitzpatrick, Keena, Bilo, Bradshaw, Ot i s. None. The Mayor declared .the motion carried. Council Member Higday instructed staf f to write a letter to Bruce Hogue explaining how this ordinance clarifies the discre- pancy in term expirations which he brought to Council's attention a few weeks ago. ORDINANCE NO. 37 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT PROVIDING FOR SHARED COST OF REPLACEMENT OF THE SOUTH PLATTE RIVER DRIVE BRIDGE OVER LITTLE DRY CREEK. COUNCIL MEMBER KE ENA MOVED TO PASS COUNCIL BILL NO. 39 1, SERIES OF 1981 , ON FINAL READING. Council Member Bilo seconded t he motion. Upon a cal l o f the roll, the vote resulted as follows : Ayes : Nays : Counc i l Members Higday, Neal , Fitzpatrick·, Keena , Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • I • • 0 • I • • - April 20, 1981 • Page 7 • Mayor Otis stated at the Urban Drainage and Flood Con- trol meeting last Thursday, the board passed on and agreed to share with Englewood the first phase between the river and Santa Fe . Work will commence June 1st. ORDINANCE NO. SERIES OF 1981 * * w * * * AY AUTHORITY A BILL FOR COUNCIL BI LL NO. 41 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE REPEALING AND REENACTING SECTIONS l THROUGH 16 OF CHAPTER 7, TITLE IX , OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED. City Attorney DeWitt stated a section was removed, which appeared in the proposed bill, thereby allowing Council further consideration of additional penalty provisions. Council Member Neal requested the City Attorney to prepare language that would raise the general limit for city violations; not to a specific limit, but Mr. Neal stated he wanted to make sure the subject came up as a topic in a study session. Mr. Neal asked that this request be done in the next two months. City Attorney DeWitt stated the maximum dollar limit was $999; and as a realistic matter 90 days in jail was the maximum, practical timeframe. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 41, SERIES OF 1981, ON FIRST READING. Council Member Bilo seconded the motion. Council Member Neal stated previously he had request- ed some definitive . language concerning business personnel hindering police officers from entering the premises. Mr. Neal stated it was explained to him by City Attorney DeWitt why it was better leaving the language undefined • Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal , Fitzpatrick, Keena, Bile, Bradshaw, Otis. None • • I • • • • April 20, 1981 Page 8 • • The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 42 IN TRODUCED BY COUNCIL MEMBER ------- AN ORDINANCE AMENDING THE 1969 ENGLEWOOD MUNICIPAL CODE BY THE ADDITION THERETO OF CHAPTER 1.5 OF TITLE XII PROVIDING FOR THE DEFERMENT OF PAYMENT OF SPECIAL ASSESSMENTS MADE UPON PROPERTY OCCUPIED AS A RESIDENCE BY !HE OWNERS. City Attorney DeWitt asked that the bill be tabled be- cause there needed to be further discussion with Finance, Com- munity Development and his office to work out the actua l proce- dure. Council Member Neal expressed concerns in that the det e r - mination of eligibility was being made by the Director of Finane • Mr. Neal stated maybe it should be made by Council. He stated h i s preference to make application for deferment was at the f ormatio n of the district. Mr. Neal stated perhaps some safeguard or defini- tion of assessment district should be inserted. COUNCIL MEMBER BRADSHAW MOVED TO TABLE COUNCIL BILL NO. 42, SERIES OF 1981. Council Member Bilo seconded the motion. Council instructed City Attorney DeWitt to return the bil l on the agenda of May 4, 1981; and further instructed the City Manager to place the bill on a study session prior to that Council meeting. Counc il Member Neal noted if the time of application was changed to the formation of the district, there should be a grandfather clause to cover Paving District No. 27. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatr ick , Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • • • Ap ril 20, 198 1 Page 9 RESOL UTION NO . 18 SERIES OF 198 1 ,. • • • A RESOLUT I ON REA FFI RMIN G APPOINTMENTS TO THE PUB LIC LIBRAR Y BOARD. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOL UT ION NO. 18, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Coun c i l Member Bradshaw instructed th e Ci ty Man a g e r to send a c c py o f t hi s resolut i on to Mr. Hogue with a n ap p ro- priate explana t or y l e tt e r . Upon a c all of t h e roll, the vote res ult e d a s follows : Aye s : Nay s: Counc i l Members Higday, Ne a l, Fi t zpa t ri c k , Ke e n a , Bi lo, Bradshaw , Ot is. No n e . Th e May or d e c la~ed the motion car r i ed . * * * * * * CO UNCI L MEMB ER KEENA MOVED TO APPRO VE A PROC LAMATION DECLARING TH E WEEK OF AP RIL 27 -MAY 3, 198 1 , AS "VOLUN TEER RE- COGNI TION WE EK". Coun c il Memb e r Bradshaw s e conde d t he mo t ion. Upon a ca l l of t he rol l , the vote r e sulted as fol l ows: Ay e s : Nays : Counc il Members Higday, Nea l , Fitzpatrick , Keena , Bi l o, Bradshaw , Otis. None . The Mayor d e clared the motion carri e d. * * * * * * Ci t y At t or~e y DeWi t t gave a status re p or t on t he Dar t Board cas e pending in d is t rict court. Mr . DeWit t sta t e d his office was still wo rkin g on the case and it had f ina l l y be e n re- assigned to t h e co r r e c t division ; howe v er, the judge has re- signed and a new on e will be appointed. * * * * * * City Attorney DeWitt announced the resignation of Leo Clark, prosecutor f o r the City • • I • • • • • April 20, 1981 Page 10 • • COUNCIL MEMBER NEAL MOVED TO ACCEP T LEO CLARK'S RESIGNA- TION FROM THE CITY OF ENGLEWOOD; AND REQUESTED THE CITY ATTORNEY TO SEND HIM A LETTER. Council Member Bradshaw seconded the motion. In respons e to Council Member Higday's question, Mr. DeWitt presented Mr. Clark's letter of resignation. Upon a call 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 and resolution concerning the Six-Quarter Budget for April, 1981 through September, 1982. Council Member Neal requested that he be provided with a map which located the handicap ramps. RESOLUTION NO. 19 SERIES OF 1981 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 19 ', SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Non e . The Mayor de clared the motion carried. * * * * * * City Manager McCown presented a Council Communication concerning Aid To Other Agencies • COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT THAT FUNDS BE ALLOCATED TO DBA FOR $500; COMMUNITY ARTS SYMPHONY FOR $3,500; INTER-FAITH TASK FORCE FOR $10,000; LEAGUE OF WOMEN VOTERS FOR $700 ; HOLIDAY PARADE FOR $2,000; ARAPAHOE HOUSE FOR $5,500; AND • I • 0 • • April 20, 1981 Page 11 • • • TO HOLD THE AMOUNT TO THE ENGLEWOOD JAYCEES. Council Member Neal 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 a Council Communication concerning fee increases for the Recreation Department. COUNCIL MEMBER BRADSHAW MOVED TO RATIFY THE FEE IN- CREASES FOR PARKS AND RECREATION DEPARTMENT. Council Member Fitzpatrick seconded the motion. Council Member Keena spoke against the increase on the basis that it had not been proven to her that the administrative costs can be adequately handled; and further it was difficult to to prove residency. Ms. Keena stated most of the metro area is used and shared by citizens of neighboring communities free of charge. Council Member Higday stated he would have liked to see the non-resident fee increased more than 25%. Council Member Bilo spoke against the charge for the Junior Sports program. Council Member Bradshaw stated it was difficult to recover costs for adult activities. She stated that non-re- sidents should not be penalized by a high fee but should be expected to pay some additional charge to use Englewood's ~rograms. She stated the Junior American program was only ~10 per participant with unlimited activities. Council Member Fitzpatrick stated the 25% for non- resident was nominal and disagreed that the administration costs would eat up the increase. Mr. Fitzpatrick stated the instructor of each class should be able to tell after a short period of time if the participants were resident or non-resi- dent. Mr. Fitzpatrick stated he did not wish to penalize the neighbors of Englewood. Council Member Neal argued that neighboring communities did pay certain fees. Mr. Neal stated there was a $2.00 head tax • I • • • April 20 , 1981 Page 12 .. • • • for people who work in Denver and there was a 50¢ additional fee per round of golf for anyone who is not resident of Denver and wanted to play Denver golf courses. Upon a call of the roll, the vote on the motion resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Bradshaw, Otis. Couincil Members Keena, Bilo. The Mayor declared the motion carried. * * * * * * City Manager McCo~n discussed the literature he sent to Council regarding the Regional Transportation District. Mr. McCown stated if Council had any particular projects they wanted to add to the enclosed list of improvements to be sent to RTD to let him know this week. He stated RTD pays for various improve- ments to streets, curbs, etc., if in fact it can be proven that the improvements relate to helping buses move better through traffic. In response to Council Member Higday's question, Mr. McCown stated the request did not include bus stops or shelters. * * * * * * Council scheduled the review of the municipal court study for April 29, 1981, at 5:00p.m. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE 1980 FI- NANCIAL REPORT. 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 announced there ~ere no more massage parlors in the City of Englewood • • I • • • • • April 20, 1981 Page 13 Council Member Bilo stated a sign had been put up on Dartmouth and Santa Fe. Council Member Fitzpatrick stated Assistant City Manager Rich Wanush would investigate to see if the sign meets code. * * * * * * Council Member Bradshaw stated last week a citizen called her to thank her for the fine staff at City Hall who work with the home rehabilitation program. The citizen further thanked the City for the loan she received for her home. * * * * * * Mayor Otis announced the ground breaking ceremonies for the new Senior Citizen High Rise would be Saturday at 11:00 a.m. * * * * * * Council Member Neal asked City Attorney DeWitt when the ordinance regarding the zoning for massage parlors, adult book stores, etc. was going to be prepared. City Attorney DeWitt stated he was planning to intro- duce it at the next regular meeting. * * * * * * Council Member Higday asked when the second nine holes of the golf course would open. City Manager McCown stated plans were still for June 15 1, 1981. * * * * * * 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 8 :45 p.m. i~(tbzJ~ ~y City C~k • I • • • REGULAR MEETING : • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO April 20, 1981 \CG The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on April 20, 1981, at 7 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas Fitzpatrick. 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 REGULAR MEETING OF APRIL 6, 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. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION DECLARING THE WEEK OF APRIL 20 -26, 1981, AS "VICTIM RIGHTS WEEK". Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • 0 • I r~ • • • April 20, 19 81 Page 2 Ayes : Nays: Council Members Higday, Nea l, Fitzpatrick, Keena, Bilo, Bradshaw , Otis. None. The Mayor declared the motion carried. Mayor Otis presented the proclamation to Ms. Ann Mcintyre •, of the District Attorney's office. Ms. Mcintyre stated there was a bill pending before the legislature which would establish a crime victim compensation fund. Ms. Mcintyre passed out buttons stating "Victims Are People" to each Council member to wear during the pro-claimed week. were: * * * * * * There were no other visitors at this time. * * * * * * "Communications -No Action Recommended" on the agenda (a) (b) (c) (d) (e) Minutes of the Board of Adjustment and Ap- peals meeting of March 11, 1981. Minutes of the Planning and Zoning Commission meeting of March 17, 1981. Minutes of the Denver Regional Council of Governments meeting of March 18, 1981. Minutes of the Liquor License Authority meeting of March 18, 1981. Minutes of the Downtown Development Authority meeting of April 8, 1981. COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" AGENDA ITEMS SA-SE. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * • I • • • April 20, 1981 Page 3 • - Assistant City Manager Richard Wanush presented a Coun- cil Communication from the Planning and Zoning Commission meeting of April 7, 1981, concerning a request to vacate the portion of a utility easement in the Centennial South Subdivision, which is located on the $OUtheast corner of West Union Avenue and South Decatur Street, for which there is no public purpose. COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY AT- TORNEY TO PREPARE AN ORDINANCE APPROVING THE VACATION REQUEST. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council Communication from the Planning and Zoning Commission meeting of April 7, 1981, concern- ing the findings of fact on rezoning of lots 10 and 11, Block 1, Centennial Industrial Park -George B. Adams. COUNCIL MEMBER KEENA MOVED TO RECEIVE THE FINDINGS OF FACT. 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 Andy McCown presented a Council Communica- tion from the Water and Sewer Board meeting of April 14, 1981, con- cerning the McLellan Reservoir Watershed Study. Mr. McCown stated there was concern that the development in and around the reservoir provide proper drainage facilities. Mr. McCown stated the reservoir is the source of supply for the drinking water in Englewood and in the future will be a source of a portion of drink- ing water for Mission Viejo Corporation. He stated in discussions with the City of Littleton, the developers and other related parties~ the question arose as to what is the proper amount and quality of • I • • f • April 20, 1981 Page 4 • • - water that should be allowed into the reservoir; and at this parti- -cular time, there is no answer. Hr. McCown recommended that staff be authorized to enter into contract negotiations with Black and Veatch to have a study prepared to develop parameters on how much water and level of quality of water can be allowed to go into the reservoir. Mr. McCown stated when a full proposal i s ready he would come back to Council with the costs and request direction from Council. COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT STAFF TO NEGOTIATE A CONTRACT WITH BLACK AND VEATCH CONSULTING ENGINEERS TO STUDY THE EFFECTS OF THE PROPOSED URBANIZATION IN THE MC- LELLAN RESERVOIR WATERSHED ON THE WATER QUALITY IN THE RESER- VOIR. Council Member Bilo seconded the motion. In response to Council Member Bilo's ques tion, Mr. McCown stated since a portion of the McLellan Reservoir would go to Mission Viejo Corporation, they might be will i ng to share a portion of the costs of the study. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a letter from Cyndi Geist, 3030 South Marion Street, concerning her resignation from the Non- Emergency Employees' Retirement Board. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE RE- SIGNATION. 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. CounciJ_ instructed the City Manager to advertise for the vacancy as well as for vacancies on the Election Commission, Elsie Malley Trust Fund Board and the Englewood Downtown Develop- ment Authority. * * * * * * • I • • ,.. I April 20, 1981 Page 5 • • • Mayor Otis presented the minutes of the Parks and Re- creation Commission meeting of April 9, 1981, with recommenda- tions requesting to have a member of the Commission present at City Council meetings with staff and requesting that revisions be made to the ordinance which created the Parks and Recreation Commission. Council Member Fitzpatrick noted that during a study session questions arose concerning the aforementioned recommenda- tions. Mr. Fitzpatrick stated it was suggested that the recom- mendations be tabled until Council could meet with the Parks and Recreation Commission. COUNCIL MEMBER BRADSHAW MOVED TO TABLE AGENDA ITEMS 6(E)(I) AND 6(E)(II). Council Member Bilo 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 presented the minutes of the Parks and Re- creation Commission meeting of April 9, 1981, with a recommenda- tion from the Commission concerning the selection of Trustee mem- bers to the Malley Center Trust Fund. COUNCIL MEMBER KEENA MOVED TO APPROVE THE APPOINTMENT OF RUTH "PERKY" ALLEN AS THE REPRESENTATIVE FROM THE PARKS AND RECREATION COMMISSION; DR. GATEWOOD C. MILLIGAN, HAROLD RUST, AND EVELYN BROOM AS REPRESENTATIVES FROM THE ELSIE MALLEY CENTER; AND COUNCIL MEMBER BRADSHAW AS REPRESENTATIVE FROM THE CITY COUN- CIL TO THE MALLEY CENTER TRUST FUND. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • - April 20, 1981 ( Page 6 • ORDINANCE NO. 36 SERIES OF 1981 BY AUTHORITY COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE AMENDING SECTION l, CHAPTER l, TITLE VIII, OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AHEND£D, PROVIDING FOR NINE CITIZEN-AT-LARGE MEMBERS OF PUBLIC LIBRARY BOARD. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 38 SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Higday instructed staff to write a letter to Bruce Hogue explaining how this ordinance clarifies the discre- pancy in term expirations which he brought to Council's attention a few weeks ago. ORDINANCE NO. 37 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT PROVIDING FOR SHARED COST OF REPLACEMENT OF THE SOUTH PLATTE RIVER DRIVE BRIDGE OVER LITTLE DRY CREEK. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 39 1, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • I • • • • • April 20, 1981 ( Page 7 • Mayor Otis stated at the Urban Drainage and Flood Con- trol meeting last Thursday, the board passed on and agreed t o shar e with Englewood the first phase between the river and Santa Fe. Work will commence June lst. ORDINANCE NO. SERIES OF 1981 * * * * * * AY AUTHORITY A BILL FOR COUNCIL BILL NO. 41 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE REPEALING AND REENACTING SECTIONS 1 THROUGH 16 OF CHAPTER 7, TITLE IX, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED. City Attorney DeWitt stated a section was remov e d, which appeared in the proposed bill, thereby allowing Council further consideration of additional penalty provisions. Council Member Neal requested the City Attorney to prepare language that would raise the general limit for city violations; not to a specific limit, but Mr. Neal stated he wanted to make sure the subject came up as a topic in a study session. Mr. Neal asked that this request be done in the next two months. City Attorney DeWitt stated the maximum dollar limit was $999; and as a realistic matter 90 days in jail was the maximum, practical timeframe. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 41, SERIES OF 1981, ON FIRST READING. Council Member Bilo seconded the motion. Council Member Neal stated previously he had request- ed some definitive language concerning business personnel hindering police officers from entering the premises. Mr. Neal stated it was explained to him by City Attorney DeWitt why it was better leaving the language undefined. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. • I • • f • Ap ril 20 , 198 1 Page 8 .. • • • The Mayor declared the mot i on carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 42 IN TR ODUCED BY COUN CIL MEMBER AN ORDINANCE AMENDING THE 1969 ENGLEWOOD MUNICIPAL COD E BY TH E ADDITION THERETO OF CHAPTER 1.5 OF TITLE XII PROVIDING FOR THE DEFERMENT OF PAYMENT OF SPECIAL ASSESSMENTS MADE UPON PROP ERT Y OCCUPIED AS A RESIDENCE BY i HE OWNERS. City Att orney DeWitt asked that the bill be t ab led be- cause there needed to be further discussion with Financ e, Com- munity Development and his office to work out the ac t ua l p r oce-dure. Council Member Neal expressed concerns i n that the deter - mination of eligibility was being made by the Director o f Financ e . Mr. Neal stated maybe it should be made by Council. He s tated his yreference to make application for deferment was at the f orma tion of the district. Mr. Neal stated perhaps some safeguard or defin i- tion of assessment district should be inserted, COUNCIL MEMBER BRADSHAW MOVED TO TABLE COUNCI L BILL NO. 42, SERIES OF 1981. Council Member Bilo seconded the motion. Council instructed City Attorney DeWitt to re turn the bill on the agenda of May 4, 1981; and further i n struct ed the City Manager to place the bill on a study session prior t o that Council meeting. Council Member Neal noted if the t i me o f ap pl i cation was changed to the formati o n of the district, there s ho u ld be a grandfather clause to cover Paving District No. 27. Upon a call of the roll, the vote resulted a s f ol lows: Ayes : Nays: Council Members Higday, Neal, Fitzpatri ck, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • f • Apr i l 20 , 198 1 Page 9 RESOLUTION NO. 18 SERIES OF 198 • • .. A RESOLUTION REAFFIRMING APPOINTMENTS TO THE PUBL IC LIBRARY BOARD. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUT I ON NO. 18, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Council Member Bradshaw instructed the City Manager to send a ccpy of this resolution to Hr. Hogue wi th an appro-priate explanatory letter. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Nea l , Fitzpatrick, Keena , Bilo, Bradshaw, Otis. Non e . The Mayor de clared the motion carried. * * * * * * COUN CIL ME~ffi ER KEENA MOVED TO APPROVE A PROCLAMATION DECLARING THE WE EK OF APRIL 27 -HAY 3, 1981 , AS "V OLUNTE ER RE- COGNITION WEEK ". Council Memb e r Bradshaw seconded the mo t ion. Upon a call of the r o l l , the vote resulted as f ollows : Ayes : Na y s : Council Members Higday, Nea l , Fitzpat rick, Keena, Bilo, Bradshaw, Otis. Non e . The Mayor d ec l ared the motion carri e d. * * * * * * Ci t y Attorney De Witt gave a status re p or t on th e Da rt Board case p ending in d i stri ct court. Mr . DeWitt stated h is o f fice was s t i ll wo rking on the case and it had f inally be e n re- assigned t o the correct division; however, the j udg e h as re- s i gned and a new on e will be appointed. * * * * * * City At tor ney DeWitt announced the resignation of Leo Clark, prosecutor f or the Ci ty. • I • • • • • Apr il 20, 198 1 ( Page 10 COUNCIL MEMBER NEAL MOVED TO ACCEPT LEO CLARK'S RESIGNA- TION FROM THE CITY OF ENGLEWOOD; AND REQUESTED THE CITY ATTORNEY TO SEND HIM A LETTER. Council Member Bradshaw seconded the motion. In respons e to Council Member Higday's question, Mr. DeWitt presented Mr. Clark's letter of resignation. Upon a call 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 and resolution concerning the Six-Quarter Budget for April , 1981 through September, 1982. Council Member Neal requested that he be provided with a map which located the handicap ramps. RESOLUTION NO. 19 SERIES OF 1981 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 19 •, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayo r d eclared the motion carried. * * * * * * City Manager McCown presented a Council Communication concerning Aid To Other Agencies. COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT THAT FUNDS BE ALLOCATED TO DBA FOR $500; COMMUNITY ARTS SYMPHONY FOR $3,500; INTER-FAITH TASK FORCE FOR $10,000; LEAGUE OF WOMEN VOTERS FOR $700; HOLIDAY PARADE FOR $2,000; ARAPAHOE HOUSE FOR $5,500; AND I • • ( 0 • April 20 , 1981 Page 11 • • • TO HOLD THE AMOUNT TO THE ENGLEWOOD JAYCEES. Council Member Neal 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 a Council Communication concerning fee increases for the Recreation Department. COUNCIL MEMBER BRADSHAW MOVED TO RATIFY THE FEE IN- CREASES FOR PARKS AND RECREATION DEPARTMENT. Council Member Fitzpatrick seconded the motion. Council Member Keena spoke against the increase on the basis that it had not been proven to her that the administrative costs can be adequately handled; and further it was difficult to to prove residency. Ms. Keena stated most of the metro area is used and shared by citizens of neighboring communities free of charge. Council Member Higday stated he would have liked to see the non-resident fee increased more than 25%. Council Member Bilo spoke against the charge for the Junior Sports program. Council Member Bradshaw stated it was difficult to recover costs for adult activities. She stated that non-re- sidents should not be penalized by a high fee but should be expected to pay some additional charge to use Englewood's programs. She stated the Junior American program was only ~10 per participant with unlimited activities. Council Member Fitzpatrick stated the 25% for non- resident was nominal and disagreed that the administration costs would eat up the increase. Mr. Fitzpatrick stated the instructor of each class should be able to tell after a short period of time if the participants were resident or non-resi- dent. Mr. Fitzpatrick stated he did not wish to penalize the neighbors of Englewood. Council Member Neal argued that neighboring communities did pay certain fees. Mr. Neal stated there was a $2.00 head tax • I • • • April 20, 1981 Page 12 • • • for people who work in Denver and there was a 50¢ additional fee per round of golf for anyone who is not resident of Denver and wanted to play Denver golf courses. Upon a call of the roll, the vote on the motion resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Bradshaw, Otis. Couincil Members Keena, Bilo. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed the literature he sent to Council regarding the Regional Transportation District. Mr. McCown stated if Council had any particular projects they wanted to add to the enclosed list of improvements to be sent to RTD to let him know this week. He stated RTD pays for various improve- ments to streets, curbs, etc., if in fact it can be proven that the improvements relate to helping ·buses move better through traffic. In response to Council Member Higday's question, Mr. McCown stated the request did not include bus stops or shelters. * * * * * * Council scheduled the review of the municipal court study for April 29, 1981, at 5:00 p.m. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE 1980 FI- NANCIAL REPORT. 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 announced there were no more massage parlors in the City of Englewood • • I • • • ( • • • • April 20, 1981 Page 13 Council Member Bilo stated a sign had been put up on Dartmouth and Santa Fe. Council Member Fitzpatrick stated Assistant City Manager Rich Wanush would investigate to see if the sign meets code. * * * * * * Council Member Bradshaw stated last week a citizen called her to thank her for the fine staff at City Hall who work with the home rehabilitation program. The citizen further thanked the City for the loan she received for her home. * * * * * * Mayor Otis announced the ground breaking ceremonies for the new Senior Citizen High Rise would be Saturday at 11:00 a.m. * * * * * * Council Member Neal asked City Attorney DeWitt when the ordinance regarding the zoning for massage parlors, adult book stores, etc. was going to be prepared. City Attorney DeWitt stated he was planning to intro- duce it at the next regular meeting. * * * * * * Council Member Higday asked when the second nine holes of the golf course would open. 1981. City Manager McCown stated plans were still for June 1S t, * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING, 8 :45 p.m • Mayor Otis adjourned the meeting without a vote at • I • • ( • REGULAR MEETING: • • . . .. COUNCIL CHAMBE RS CITY OF ENGLEWOOD, COLORADO April 20, 1981 \~ The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on April 20, 1981, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas Fitzpatrick. 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 REGULAR MEETING OF APRIL 6, 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. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION DECLARING THE WEEK OF APRIL 20 -26, 1981, AS "VICTIM RIGHTS WEEK". Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • ( 0 • \ • • • • Apr il 20, 1981 Pag e 2 Ay e s : Nays : Co uncil Me mbe rs Hi gday, Neal , Fitzpatrick, Keena , Bi lo , Bradshaw , Otis. Non e . The Mayor declared the motion carried. Mayor Ot i s presented the proclamation to Ms. Ann Mcintyre ', of the District Attorney's office. Ms. Mcintyre stat e d there was a bill pending b e fo r e the legislature which would establish a cr i me victim compensation fund. Ms. Mcintyre passed out buttons stating "Victima Are People" to each Council member to wear dur i ng the pro- claimed week. were : * * * * * * There were no other visitors at this time. * * * * * * "ColllllUnications -No Action Recommended" on the agenda (a) (b) (c) (d) (e) Minutes of the Board of Adjustment and Ap- peals meeting of March 11, 1981. Minutes of the Planning and Zoning Commission meeting of March 17, 1981. Minutes of the Denver Regional Council of Governments meeting of March 18, 1981. Minutes of the Liquor License Authority meeting of March 18, 1981. Minutes of the Downtown Development Authority meeting of April 8, 1981. COUNCIL MEMB ER KEENA MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" AG ENDA ITEMS SA -SE. Council Member Fitzpatrick seconded the motion. Upon a call of the roll , the vote resulted as follows : Ayes: Council Members Higday, Neal , Fitzpatrick, Keena, Bilo, Bradshaw, Otis • Nays : None. The Mayor declared the motion carried. * * * * * * • I • • ( ( • Apr il 20 , 1 981 Page 3 • • .. Assistant City Man a ger Richard Wanush presen t ed a Coun- cil Communication from the Planning and Zoning Commission meeting of April 7, 1981, concerning a request to vacate the portion of a utility easement in the Centennial South Subdivision , which is located on the southeast corner of West Union Avenue and South Decatur Street, for which there is no public purpose. COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY AT- TORNEY TO PREPARE AN ORDINANCE APPROVING THE VACATION REQUEST. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council Communication from the Planning and Zoning Commission meeting of April 7, 1981, concern- ing the findings of fact on rezoning of lots 10 and 11, Block 1, Centennial Industrial Park -George B. Adams. COUNCIL MEMBER KEENA MOVED TO RECEIVE THE FINDINGS OF FACT. 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 Andy McCown presented a Council Communica- tion from the Water and Sewer Board meeting of April 14, 1981, con- cerning the McLellan Reservoir Watershed Study. Mr. McCown stated there was concern that th e development in and around the reservoir provide proper drainage facilities. Mr. McCown stated the reservoir is the source of supply for the drinking water in Englewood and in the future will be a source of a portion of drink- ing water for Mission Viejo Corporation. He stated in discussions with the City of Littleton, the developers and other related parties~ the question arose as to what is the proper amount and quality of I • • n ( 0 • ( • April 20, 1981 Page 4 .. • • • _water that should be allowed into the reservoir; and at this parti- cular time, there is no answer. Hr. McCown recommended that staff be authorized to enter into contract negotiations with Black and Veatch to have a study prepared to develop parameters on how much water and level of quality of water can be allowed to go into the reservoir. Hr. McCown stated when a full proposal is ready he would come back to Council with the costs and request direction from Council. COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT STAFF TO NEGOTIATE A CONTRACT WITH BLACK AND VEATCH CONSULTING ENGINEERS TO STUDY THE EFFECTS OF THE PROPOSED URBANIZATION IN THE MC- LELLAN RESERVOIR WATERSHED ON THE WATER QUALITY IN THE RESER- VOIR. Council Member Bilo seconded the motion. In response to Council Member Bilo's question, Hr. McCown stated since a portion of the McLellan Reservoir would go to Mission Viejo Corporation, they might be willing to share a portion of the costs of the study. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a letter from Cyndi Geist, 3030 South Marion Street, concerning her resignation from the Non- Emergency Employees' Retirement Board. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE RE- SIGNATION. 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 instructed the City Manager to advertise for the vacancy as well as for vacancies on the Election Commission ·, Elsie Halley Trust Fund Board and the Englewood Downtown Develop- ment Authority. * * * * * * • I • • ( 0 • ( • April 20, 1981 Page 5 • • • Mayor Otis presented the minutes of the Parks and Re- creation Commission meeting of April 9, 1981, with recommenda- tions requesting to have a member of the Commission present at City Council meetings with staff and requesting that revisions be made to the ordinance which created the Parks and Recreation Commission. Council Member Fitzpatrick noted that during a study session questions arose concerning the aforementioned recommenda- tions. Mr. Fitzpatrick stated it was suggested that the recom- mendations be tabled until Council could meet with the Parks and Recreation Commission. COUNCIL MEMBER BRADSHAW MOVED TO TABLE AGENDA ITEMS 6(E)(I) AND 6(E)(II). 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. * * * * * * Mayor Otis presented the minutes of the Parks and Re- creation Commission meeting of April 9, 1981, with a recommenda- tion from the Commission concerning the selection of Trustee mem- bers to the Malley Center Trust Fund. COUNCIL MEMBER KEENA MOVED TO APPROVE THE APPOINTMENT OF RUTH "PERKY" ALLEN AS THE REPRESENTATIVE FROM THE PARKS AND RECREATION COMMISSION; DR. GATEWOOD C. MILLIGAN, HAROLD RUST, AND EVELYN BROOM AS REPRESENTATIVES FROM THE ELSIE MALLEY CENTER; AND COUNCIL MEMBER BRADSHAW AS REPRESENTATIVE FROM THE CITY COUN- CIL TO THE MALLEY CENTER TRUST FUND. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None • The Mayor declared the motion carried. * * * * * * • I • • 0 • ( • April 20. 1981 Page 6 ORDINANCE NO. 36 SERIES OF 1981 • • • BY AUTHORITY COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE AMENDING SECTION 1, CHAPTER 1, TITLE VIII, OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED, PROVIDING FOR NINE CITIZEN-AT-LARGE MEMBERS OF PUBLIC LIBRARY BOARD. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 38 1, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Higday instructed staff to write a letter to Bruce Hogue explaining how this ordinance clarifies the discre- pancy in term expirations which he brought to Council's attention a few weeks ago. ORDINANCE NO. 37 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT PROVIDING FOR SHARED COST OF REPLACEMENT OF THE SOUTH PLATTE RIVER DRIVE BRIDGE OVER LITTLE DRY CREEK. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 3 9 1, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. • I • • ( ( • April 20, 1981 Page 7 • • - Mayor Otis stated at the Urban Drainage and Flood Con- trol meeting last Thursday, the board passed on and agreed to share with Englewood the first phase between the river and Santa Fe. Work will commence June 1st. ORDINANCE NO. SERIES OF 1981 * * * * * * AY AUTHORITY A BILL FOR COUNCIL BILL NO. 41 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE REPEALING AND REENACTING SECTIONS 1 THROUGH 16 OF CHAPTER 7, TITLE IX, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED. City Attorney DeWitt stated a section was removed, which appeared in the proposed bill, thereby allowing Council further consideration of additional penalty provisions. Council Member Neal requested the City Attorney to prepare language that would raise the general limit for city violations; not to a specific limit, but Mr. Neal stated he wanted to make sure the subject came up as a topic in a study session. Mr. Neal asked that this request be done in the next two months. City Attorney DeWitt stated the maximum dollar limit was $999; and as a realistic matter 90 days in jail was the maximum, practical timeframe. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 41, SERIES OF 1981, ON FIRST READING. Council Member Bilo seconded the motion. Council Member Neal stated previously he had request- ed some definitive language concerning business personnel hindering police officers from entering the premises. Mr. Neal stated it was explained to him by City Attorney DeWitt why it was better leaving the language undefined. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None • • I • • ( ( • April 20, 1981 Page 8 .. • • • The Mayor d e clared the mot i on ca rried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 42 IN TRODUCED BY COUNC IL MEMBER ------- AN ORDINANCE AMENDING THE 1969 ENGLEWOOD MUNICIPAL CODE BY THE ADDITION THERETO OF CHAPTER 1.5 OF TITLE XII PROVIDING FOR THE DEFERMENT OF PAYMENT OF SPECIAL ASSESSMENTS MADE UPON PROPERTY OCCUPIED AS A RESIDENCE BY !HE OWNERS. City Attorney DeWitt asked that the bill be tabled be- cause there needed to be further discussion with Finance, Com- munity Development and his office to work out the actual proce-dure. Council Member Neal expressed concerns in that the det er- mination of eligibility was being made by the Director of Financ e . Mr. Neal stated maybe it should be made by Council. He stated h is ~reference to make application for deferment was at the for mat ion of the district. Mr. Neal stated perhaps some safeguard or defin i- tion of assessment district should be inserted. COUNCIL MEMBER BRADSHAW MOVED TO TABLE COUNCIL BIL L NO. 42, SERIES OF 1981. Council Member Bilo second ed the motion. Council instructed City Attorney DeWit t to return the bill on the agenda of May 4, 1981; and further instructed the City Manager to place the bill on a study session prior to that Council meeting. Council Member Neal noted if the time ot appli cation was changed to the formation of the district, there should be a grandfather clause to cover Paving District No. 27. 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. * * * * * * • I • • ( ( • April 20, 1981 Page 9 RESOLUTION NO. 18 SERIES OF 1981 • • • A RESOLUTION REAFFIRMING APPOINTMENTS TO THE PUBL IC LIBRARY BOARD. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 18, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Council Member Bradshaw instructed the City Manager to send a ccpy of this resolution to Mr. Hogue with an appro- priate explanatory letter. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION DECLARING THE WEEK OF APRIL 27 -MAY 3, 1981, AS "VOLUNTEER RE- COGNITION WEEK". Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as fol lows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Ci t y Attorney DeWitt gave a status report on the Dar t Board case pending in district court. Mr. DeWitt stated his office was still working on the case and it had finally been re- assigned to the correct division; however, the judge has re- signed and a new one will be appointed. * * * * * * City Attorney DeWitt announced the resignation of Leo Clark, prosecutor for the City. • • I • • • April 20, 1981 Page 10 ,. • • - COUNCIL MEMBER NEAL MOVED TO ACCEPT LEO CLARK'S RESIGNA- TION FROM THE CITY OF ENGLEWOOD; AND REQUESTED THE CITY ATTORNEY TO SEND HIM A LETTER. Council Member Bradshaw seconded the motion. In response to Council Member Higday's question, Mr. DeWitt presented Mr. Clark's letter of resignation. Upon a call 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 and resolution concerning the Six-Quarter Budget for April, 1981 through September, 1982. Council Membe-r Neal requested that he be provided with a map which located the handicap ramps. RESOLUTION NO. 19 SERIES OF 1981 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 19 •, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor de c lare d the mot i on carried. * * * * * * City Manager McCown presented a Council Communication concerning Aid To Other Agencies. COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT THAT FUNDS BE ALLOCATED TO DBA FOR $500; COMMUNITY ARTS SYMPHONY FOR $3,500; INTER-FAITH TASK FORCE FOR $10,000; LEAGUE OF WOMEN VOTERS FOR $700; HOLIDAY PARADE FOR $2,000; ARAPAHOE HOUSE FOR $5,500; AND • I • • • April 20, 1981 Page 11 • • .. TO HOLD THE AMOUNT TO THE ENGLEWOOD JAYCEES. Council Member Neal 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 a Counc il Commun ication concerning fee increases for the Recreation Department. COUNCIL MEMBER BRADSHAW MOVED TO RATIFY THE FEE IN- CREASES FOR PARKS AND RECREATION DEPARTMENT. Council Member Fitzpatrick seconded the motion. Council Member Keena spoke against the increase on the basis that it had not been proven to her that the administrative costs can be adequately handled; and further it was difficult to to prove residency. Ms. Keena stated most of the metro area is used and shared by citizens of neighboring communities free of charge. Council Member Higday stated he would have liked to see the non-resident fee increased more than 25%. Council Member Bilo spoke against the charge for the Junior Sports program. Council Member Bradshaw stated it was difficult to recover costs for adult activities. She stated that non-re- sidents should not be penalized by a high fee but should be expected to pay some additional charge to use Englewood's ?rograms. She stated the Junior American program was only ~10 per participant with unlimited activities. ' Council Member Fitzpatrick stated the 25% f or non- resident was nominal and disagreed that the administration costs would eat up the increase. Mr. Fitzpatrick stated the instructor of each class should be able to tell after a short period of time if the participants were resident or non-resi- dent. Mr. Fitzpatrick stated he did not wish to penalize the neighbors of Englewood. Council Member Neal argued that neighboring communities did pay certain fees. Mr. Neal stated there was a $2.00 head tax • I • • • • April 20, 1981 Page 12 .. • • • for people who vork in Denver and there waa a 50¢ additional fee per round of golf for anyone who is not resident of Denver and wanted to play Denver golf courses. Upon a call of the roll, the vote on the motion resulted aa follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Bradshaw, Otis. Couincil Members Keena, Bilo. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed the literature he sent to Council regarding the Regional Transportation District. Mr. McCown stated if Council had any particular projects they wanted to add to the enclosed list of improvements to be sent to RTD to let him know this week. He stated RTD pays for various improve- ments to streets, curbs, etc., if in fact it can be proven that the improvements relate to helping buses move better through traffic. In response to Council Member Higday's question, Mr. McCown stated the request did not include bus stops or shelters. * * * * * * Council scheduled the review of the municipal court study for April 29, 1981, at 5:00 p.m. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE 1980 FI- NANCIAL REPORT. 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 announced there were no more massage parlors in the City of Englewood • I • • • • • • • • .. - April 20, 1981 Page 13 Council Member Bilo stated a sign had been pu t up on Dartmouth and Santa Fe. Council Member Fitzpatrick stated Assistant City Manager Rich Wanush would investigate to see if the sign meets code. * * * * * * Council Member Bradshaw stated last week a citizen called her to thank her for the fine staff at City Hall who work with the home rehabilitation program. The citizen further thanked the City for the loan she received for her home. * * * * * * Mayor Otis announced the ground breaking ceremonies for the new Senior Citizen High Rise would be Saturday at 11 :00 a.m. * * * * * * Council Member Neal asked City Attorney DeWitt when the ordinance regarding the zoning for massage parlors, adult book stores, etc. was going to be prepared. City Attorney DeWitt stated he was planning to intro- duce it at the next regular meeting. * * * * * * Council Member Higday asked when the second nine holes of the golf course would open. 1981. City Manager McCown stated plans were still for June 1S t, * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING • 8 :45 p.m. Mayor Otis adjourned the meeting without a vote at • I • • -.;In • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO April 20, 1981 \[c., The City Council of the City of Englewood , Arapahoe County, Colorado, met in regular session on April 20, 1981, at 7:30p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas Fitzpatrick. 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 REGULAR MEETING OF APRIL 6, 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. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION DECLARING THE WEEK OF APRIL 20 -26, 1981, AS "VICTIM RIGHTS WEEK". Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • • • u '1' • • • .. • April 20, 1981 Page 2 Ayes : Nays : Council Members Higday , Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis presented the proclamation to Ms. Ann Mcintyre •, of the District Attorney's office. Ms. Mcintyre stated there was a bill pending before the legislature which would establish a crime victim compensation fund. Ms. Mcintyre passed out buttons stating "Victims Are People" to each Council member to wear during the pro- claimed week. were: * * * * * * There were no other visitors at this time. * * * * * * "ColDIIUnications -No Action RecoliiTlended" on the agenda (a) (b) (c) (d) (e) Minutes of the Board of Adjustment and Ap- peals meeting of March 11, 1981. Minutes of the Planning and Zoning Commission meeting of March 17, 1981. Minutes of the Denver Regional Council of Governments meeting of March 18, 1981. Minutes of the Liquor License Authority meeting of March 18, 1981. Minutes of the Downtown Development Authority meeting of April 8, 1981. COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" AGENDA ITEMS SA -SE. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * • I • • • April 20, 1981 Page 3 .. • • • Assistant Ci ty Manager Richard Wanush presented a Coun- cil Communication from the Planning and Zoning Commission meeting of April 7, 1981, concerning a request to vacate the portion of a utility easement in the Centennial South Subdivision, which is located on the southeast corner of West Union Avenue and South Decatur Street, for which there is no public purpose. COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY AT- TORNEY TO PREPARE AN ORDINANCE APPROVING THE VACATION REQUEST. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Hig~ay, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council Communication from the Planning and Zoning Commission meeting of April 7, 1981, concern- ing the findings of fact on rezoning of lots 10 and 11, Block 1, Centennial Industrial Park -George B. Adams. COUNCIL MEMBER KEENA MOVED TO RECEIVE THE FINDINGS OF FACT. 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 Andy McCown presented a Council Communica- tion from the Water and Sewer Board meeting of April 14, 1981, con- cerning the McLellan Reservoir Watershed Study. Mr. McCown stated there was concern that the development in and around the reservoir provide proper drainage facilities. Mr. McCown stated the reservoir is the source of supply for the drinking water in Englewood and in the future will be a source of a portion of drink- ing water for Mission Viejo Corporation. He stated in discussions with the City of Littleton, the developers and other related parties ', the question arose as to what is the proper amount and quality of • I • • • April 20, 1981 Page 4 • • • _water that should be allowed into the reservoir; and at this parti- cular time, there is no answer. Mr. McCown recommended that staff be authorized to enter into contract negotiations with Black and Veatch to have a study prepared to develop parameters on how much water and level of quality of water can be allowed to go into the reservoir. Mr. McCown stated when a full proposal is ready he would come back to Council with the costs and request direction from Council. COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT STAFF TO NEGOTIATE A CONTRACT WITH BLACK AND VEATCH CONSULTING ENGINEERS TO STUDY THE EFFECTS OF THE PROPOSED URBANIZATION IN THE MC- LELLAN RESERVOIR WATERSHED ON THE WATER QUALITY IN THE RESER- VOIR. Council Member Bilo seconded the motion. In response to Council Member Bilo's question, Mr. McCown stated since a portion of the McLellan Reservoir would go to Mission Viejo Corporation, they might be willing to share a portion of the costs of the study. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a letter from Cyndi Geist, 3030 South Marion Street, concerning her resignation from the Non- Emergency Employees' Retirement Board. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE RE- SIGNATION. 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 instructed the City Manager to advertise for the vacancy as well as for vacancies on the Election Commission, Elsie Malley Trust Fund Board and the Englewood Downtown Develop- ment Authority. * * * * * * • I • • • April 20, 1981 Page 5 • • • Mayor Otis presented the minutes of the Parks and Re- creation Commission meeting of April 9, 1981, with recommenda- tions requesting to have a member of the Commission present at City Council meetings with staff and requesting that revisions be made to the ordinance which created the Parka and Recreation Commission. Council Member Fitzpatrick noted that during a study session questions arose concerning the aforementioned recommenda- tions. Mr. Fitzpatrick stated it was suggested that the recom- mendations be tabled until Council could meet with the Parks and Recreation Commission. COUNCIL MEMBER BRADSHAW MOVED TO TABLE AGENDA ITEMS 6(E)(I) AND 6(E)(II). 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. * * * * * * Mayor Otis presented the minutes of the Parks and Re- creation Commission meeting of April 9, 1981, with a recommenda- tion from the Commission concerning the selection of Trustee mem- bers to the Malley Center Trust Fund. COUNCIL MEMBER KEENA MOVED TO APPROVE THE APPOINTMENT OF RUTH "PERKY" ALLEN AS THE REPRESENTATIVE FROM THE PARKS AND RECREATION COMMISSION; DR. GATEWOOD C. MILLIGAN, HAROLD RUST, AND EVELYN BROOM AS REPRESENTATIVES FROM THE ELSIE MALLEY CENTER; AND COUNCIL MEMBER BRADSHAW AS REPRESENTATIVE FROM THE CITY COUN- CIL TO THE MALLEY CENTER TRUST FUND. 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 carri.ed. * * * * * * • I • • • v " • April 20, 1981 Page 6 ORDINANCE NO. 36 SERIES OF 1981 • • .. - BY AUTHORITY COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE AMENDING SECTION 1, CHAPTER 1, TITLE VIII, OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED, PROVIDING FOR NINE CITIZEN-AT-LARGE MEMBERS OF PUBLIC LIBRARY BOARD. COUNCIL MEMBER KEENA K>VED TO PASS COUNCIL BILL NO. 38 t, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Nea l , Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Higday instructed staff t o write a letter to Bruce Hogue explaining how this ordinance clarifies the discre- pancy in term expirations which he brought to Council's attention a few weeks ago. ORDINANCE NO. 37 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT PROVIDING FOR SHARED COST OF REPLACEMENT OF THE SOUTH PLATTE RIVER DRIVE BRIDGE OVER LITTLE DRY CREEK. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 39 t, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. • I • • • April 20, 1981 Page 7 • • • Mayor Otis stated at the Urban Drainage and Fl o od Con- trol meeting last Thursday, the board passed on and agreed to share with Englewood the first phase between the river and Santa Fe. Work will commence June 1st. ORDINANCE NO. SERIES OF 1981 * * * * * * AY AUTHORITY A BILL FOR COUNCIL BILL NO. 41 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE REPEALING AND REENACTING SECTIONS 1 THROUGH 16 OF CHAPTER 7, TITLE IX, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED. City Attorney DeWitt stated a section was removed, which appeared in the proposed bill, thereby allowing Council further consideration of additional penalty provisions. Council Member Neal requested the City Attorney to prepare language that would raise the general limit for city violations; not to a specific limit, but Mr. Neal stated he wanted to make sure the subject came up as a topic in a study session. Mr. Neal asked that this request be done in the next two months. City Attorney DeWitt stated the maximum dollar limit was $999; and as a realistic matter 90 days in jail was the maximum, practical timeframe. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 41, SERIES OF 1981, ON FIRST READING. Council Member Bilo seconded the motion. Council Member Neal stated previously he had request- ed some definitive language concerning business personnel hindering police officers from entering the premises. Mr. Neal stated it was explained to him by City Attorney DeWitt why it was better leaving the language undefined. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None • • I • • • • April 20, 1981 Page 8 • • The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 4 2 IN TR ODUCED BY COUN CI L MEMBER -------------- AN ORDINANCE AMENDING THE 1969 ENGLEWOOD MUNICIPAL CODE BY THE ADDITION THERETO OF CHAPTER 1.5 OF TITLE XII PROVIDING FOR THE DEFERMENT OF PAYMENT OF SPECIAL ASSESSMENTS MADE UPON PROPERTY OCCUPIED AS A RESIDENCE BY !HE OWNERS. City Attorney DeWitt asked that the bill be t abl e d b e- cause there needed to be further discussion with Finance, Co m- munity Development and his office to work out the actual pr oce-dure. -Council Member Neal expressed concerns in that the det er- mination of eligibility was being made by the Director of Fin ance. Mr. Neal stated maybe it should be made by Council. He sta t ed h is preference to make application for deferment was at the f orma tion of the district. Mr. Neal stated perhaps some safeguard or d e f ini- tion of assessment district should be inserted. COUNCIL MEMBER BRADSHAW MOVED TO TABLE COUNCI L BI LL NO. 42, SERIES OF 1981. Council Member Bilo seconded the mo t ion . Council instructed City Attorney DeWitt to return the bill on the agenda of May 4, 1981; and further instructed the City Manager to place the bill on a study session prior to that Council meeting. Council Member Neal noted if the time of applic ation was changed to the formation of the district, there should be a grandfather clause to cover Paving District No. 27. Upon a call of the roll, the vote resulted as fo llows : Ayes: Nays : Council Members Higday, Neal, Fitzpat r ick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • • • April 20, 1981 Page 9 RESOLUTION NO. 18 SERIES OF 1981 • • A RESOLUTION REAFFIRMING APPOINTMENTS TO THE PUBLIC LIBRARY BOARD. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 18, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Council Member Bradshaw instructed the City Manager to send a ccpy of this resolution to Hr. Hogue with an appro-priate explanatory letter. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION DECLARING THE WEEK OF APRIL 27 -MAY 3, 1981, AS "VOLUNTEER RE- COGNITION WEEK". Council Memb e r Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bile, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Ci t y Attorney DeWitt gave a status repor t on the Dart Board case pending in distri ct court. Mr. DeWitt stated his office was still working on the case and it had final ly been re- assigned to the corr ect division; however, the judge has re- signed and a new one will be appointed. * * * * * * City Attorney DeWitt announced the resignation of Leo Clark, prosecutor for the City. • I • • • • • • .. - April 20, 1981 • Page 10 (f • COUNCIL MEMBER NEAL MOVED TO ACCEPT LEO CLARK'S RESIGNA- TION FROM THE CITY OF ENGLEWOOD; AND REQUESTED THE CITY ATTORNEY TO SEND HIM A LETTER. Council Member Bradshaw seconded the motion. In response to Council Member Higday's question, Mr. DeWitt presented Mr. Clark's letter of resignation. Upon a call 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 and resolution concerning the Six-Quarter Budget for April, 1981 through September, 1982. Council Member Neal requested that he be provided with a map which located the handicap ramps. RESOLUTION NO. 19 SERIES OF 1981 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 19 '• SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a Council Communication concerning Aid To Other Agencies. COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT THAT FUNDS BE ALLOCATED TO DBA FOR $500; COMMUNITY ARTS SYMPHONY FOR $3,500; INTER-FAITH TASK FORCE FOR $10,000; LEAGUE OF WOMEN VOTERS FOR $700; HOLIDAY PARADE FOR $2,000; ARAPAHOE HOUSE FOR $5,500; AND • I • • • • April 20, 1981 Page 11 ,. • • .. TO HOLD THE AMOUNT TO THE ENGLEWOOD JAYCEES. Council Member Neal 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 a Council Communication concerning fee increases for the Recreation Department. COUNCIL MEMBER BRADSHAW MOVED TO RATIFY THE FEE IN- CREASES FOR PARKS AND RECREATION DEPARTMENT. Council Member Fitzpatrick seconded the motion. Council Member Keena spoke against the increase on the basis that it had not been proven to her that the administrative costs can be adequately handled; and further it was difficult to to prove residency. Ms. Keena stated most of the metro area is used and shared by citizens of neighboring communities free of charge. Council Member Higday stated he would have liked to see the non-resident fee increased more than 25%. Council Member Bilo spoke against the charge for the Junior Sports program. Council Member Bradshaw stated it was difficult to recover costs for adult activities. She stated that non-re- sidents should not be penalized by a high fee but should be expected to pay some additional charge to use Englewood's ~rograms. She stated the Junior American program was only ~10 per participant with unlimited activities. Council Member Fitzpatrick stated the 25% for non- resident was nominal and disagreed that the administration costs would eat up the increase. Mr. Fitzpatrick stated the instructor of each class should be able to tell after a short period of time if the participants were resident or non-resi- dent. Mr. Fitzpatrick stated he did not wish to penalize the neighbors of Englewood. Council Member Neal argued that neighboring communities did pay certain fees. Mr. Neal stated there was a $2.00 head tax • I • • • • (( April 20, 1981 Page 12 ,. • • - for people who work in Denver and there was a 50¢ additional fee per round of golf for anyone who is not resident of Denver and wanted to play Denver golf courses. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick ', Brad shaw, Otis. Couincil Members Keena, Bilo. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed the literature he sent to Council regarding the Regional Transportation District. Hr. McCown stated if Council had any particular projects they wanted to add to the enclosed list of improvements to be sent to RTD to let him know this week. He stated RTD pays for various improve- ments to streets, curbs, etc., if in fact it can be proven that the improvements relate to helping buses move better through traffic. In response to Council Member Higday's question, Mr. McCown stated the request did not include bus stops or shelters. * * * * * * Council scheduled the review of the municipal court study for April 29, 1981, at 5:00 p.m. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE 1980 FI- NANCIAL REPORT. 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 announced there were no more massage parlors Gt in the City of Englewood. • • I • • \ ' • • • • April 20, 1981 Page 13 Council Member Bilo stated a sign had been put up on Dartmouth and Santa Fe. Council Member Fitzpatrick stated Assistant City Manager Rich Wanush would investigate to see if the sign meets code. * * * * * * Council Member Bradshaw stated last week a citizen called her to thank her for the fine staff at City Hall who work with the home rehabilitation program. The citizen further thanked the City for the loan she received for her home. * * * * * * Mayor Otis announced the ground breaking ceremonies for the new Senior Citizen High Rise would be Saturday at 11:00 a.m. * * * * * * Council Member Neal. asked City Attorney DeWitt when the ordinance regarding the zoning for massage parlors , adult book stores, etc. was going to be prepared. City Attorney DeWitt stated he was planning to intro-duce it at the next regular meeting. * * * * * * Council Member Higday asked when the second nine holes of the golf course would open. 1981. City Manager McCown stated plans were still for June 1S t, * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. 8:45 p.m. Mayor Otis adjourned the meeting without a vote at • I • • n ( • REGULAR MEETING: • • . . • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO April 20, 1981 \fA- The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on April 20, 1981 , at 7:30p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas Fitzpatrick. The pledge of allegiance was led by Boy Scout Troop #92. Mayor Otis asked for roll call. Upon a call of the roll, the following were present : Council Members Higd ay , Neal , Fitzpatrick, Keena, Bilo, Bradsh aw, 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 REGULAR MEETING OF APRIL 6, 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. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION DECLARING THE WEEK OF APRIL 20 -26, 1981, AS "VICTIM RIGHTS WEEK". Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • ( ' • • • • April 20, 1981 Page 2 Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis presented the proclamation to Ms. Ann Mcintyre ', of the District Attorney's office. Ms. Mcintyre stated there was a bill pending before the legislature which would establish a crime victim compensation fund. Ms. Mcintyre passed out buttons stating "Victims Are People" to each Council member to wear during the pro- claimed week. were: * * * * * * There were no other visitors at this time. * * * * * * "ColiiiiUnications -No Action Recolllllended" on the agenda (a) (b) (c) (d) (e) Minutes of the Board of Adjustment and Ap- peals meeting of March 11, 1981. Minutes of the Planning and Zoning Commission meeting of March 17, 1981. Minutes of the Denver Regional Council of Governments meeting of March 18, 1981. Minutes of the Liquor License Authority meeting of March 18, 1981. Minutes of the Downtown Development Authority meeting of April 8, 1981. COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" AGENDA ITEMS SA-SE. 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. 'l'he Mayor declared the motion carried. * * * * * * • I • • ( • ( • April 20, 1981 Page 3 • • - Assistant City Manager Richard Wanush presented a Coun- cil Communication from the Planning and Zoning Commission meeting of April 7, 1981, concerning a request to vacate the portion of a utility easement in the Centennial South Subdivision, which is located on the southeast corner of West Union Avenue and South Decatur Street, for which there is no public purpose. COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY AT- TORNEY TO PREPARE AN ORDINANCE APPROVING THE VACATION REQUEST. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council Communication from the Planning and Zoning Commission meeting of April 7, 1981, concern- ing the findings of fact on rezoning of lots 10 and 11, Block 1, Centennial Industrial Park -George B. Adams. COUNCIL MEMBER KEENA MOVED TO RECEIVE THE FINDINGS OF FACT. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, K-eena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager Andy McCown presented a Council Communica- tion from the Water and Sewer Board meeting of April 14, 1981, con- cerning the McLellan Reservoir Watershed Study. Mr. McCown stated there was concern that the development in and around the reservoir provide proper drainage facilities. Mr. McCown stated the reservoir is the source of supply for the drinking water in Englewood and in the future will be a source of a portion of drink- ing water for Mission Viejo Corporation. He stated in discussions with the City of Littleton, the developers and other related parties~ the question arose as to what is the proper amount and quality of • I • • ( • ( • April 20, 1981 Page 4 • • - _water that should be allowed into the reservoir ; and a t t h i s parti- cular time, there is no answer. Mr. McCown recommended that staff be authorized to enter into contract negotiations with Black and Veatch to have a study prepared to develop parameters on how much water and level of quality of water can be allowed to go i nto the reservoir. Mr. McCown sta ted when a full proposal is ready he would come back to Coun ci l with the costs and request direction from Council. COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT STAFF TO NEGOTIATE A CONTRACT WITH BLACK AND VEATCH CONSULTING ENGINEERS TO STUDY THE EFFECTS OF THE PROPOSED URBANIZATION IN THE MC- LELLAN RESERVOIR WATERSHED ON THE WATER QUALITY IN THE RESER- VOIR. Council Member Bile seconded the motion. In response to Council Member Bilo's ques tion, Mr. McCown stated since a portion of the McLellan Reservoir would go to Mission Vie j o Corporation, they might be willing to share a portion of the costs of the study. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a letter from Cyndi Geist, 3030 South Marion Street, concerning her resignation from the Non- Emergency Employees' Retirement Board. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE RE- SIGNATION. 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. Counc i l instructed the City Manager to advertise for the vacancy as well as for vacancies on the Election Commission •, Elsie Malley Trust Fund Board and the Englewood Downtown Develop- ment Authority. * * * * * * • I • • ( ( 0 • I ( • April 20, 1981 Page 5 • • - Mayor Otis presented the minutes of the Parks and Re- creation Commission meeting of April 9, 1981, with recommenda- tions requesting to have a member of the Commission present at City Council meetings with staff and requesting that revisions be made to the ordinance which created the Parks and Recreation Commission. Council Member Fitzpatrick noted that during a study session questions arose concerning the aforementioned recommenda- tions. Mr. Fitzpatrick stated it was suggested that the recom- mendations be tabled until Council could meet with the Parks and Recreation Commission. COUNCIL MEMBER BRADSHAW MOVED TO TABLE AGENDA ITEMS 6(E)(I) AND 6(E)(II). Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Counc1l Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented the minutes of the Parks and Re- creation Commission meeting of April 9, 1981, with a recommenda- tion from the Commission concerning the selection of Trustee mem- bers to the Malley Center Trust Fund. COUNCIL MEMBER KEENA MOVED TO APPROVE THE APPOINTMENT OF RUTH "PERKY" ALLEN AS THE REPRESENTATIVE FROM THE PARKS AND RECREATION COMMISSION; DR. GATEWOOD C. MILLIGAN, HAROLD RUST, AND EVELYN BROOM AS REPRESENTATIVES FROM THE ELSIE MALLEY CENTER; AND COUNCIL MEMBER BRADSHAW AS REPRESENTATIVE FROM THE CITY COUN- CIL TO THE MALLEY CENTER TRUST FUND. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • ( ( • April 20, 1981 Page 6 ORDINANCE NO. 36 SERIES OF 1981 • • • BY AUTHORITY COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE AMENDING SECTION 1, CHAPTER 1, TITLE VIII, OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED, PROVIDING FOR NINE CITIZEN-AT-LARGE MEMBERS OF PUBLIC LIBRARY BOARD. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 38 1, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Higday instructed staff to write a letter ·to Bruce Hogue explaining how this ordinance clarifies the discre- pancy in term expirations which he brought to Council's attention a few weeks ago. ORDINANCE NO. 37 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT PROVIDING FOR SHARED COST OF REPLACEMENT OF THE SOUTH PLATTE RIVER DRIVE BRIDGE OVER LITTLE DRY CREEK. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 39 1, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. • I • • • • - April 20, 1981 ( Page 7 ( ( • Mayor Otis stated at the Urban Drainage and Fl ood Con- trol meeting last Thursday, the board passed on and agreed to share with Englewood the first phase between the river and Santa Fe. Work will commence June 1st. ORDINANCE NO. SERIES OF 1981 * * * * * * AY AUTHORITY A BILL FOR COUNCIL BILL NO. 41 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE REPEALING AND REENACTING SECTIONS 1 THROUGH 16 OF CHAPTER 7, TITLE IX, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED. City Attorney DeWitt stated a section was removed, which appeared in the proposed bill, thereby allowing Council further consideration of additional penalty provisions. Council Member Neal requested the City Attorney to prepare language that would raise the general limit for city violations; not to a specific limit, but Mr. Neal stated he wanted to make sure the subject came up as a topic in a study session. Mr. Neal asked that this request be done in the next two months. City Attorney DeWitt stated the maximum dollar limit was $999; and as a realistic matter 90 days in jail was the maximum, practical timeframe. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 41, SERIES OF 1981, ON FIRST READING. Council Member Bilo seconded the motion. Council Member Neal stated previously he had request- ed some definitive language concerning business personnel hindering police officers from entering the premises. Mr. Neal stated it was explained to him by City Attorney DeWitt why it was better leaving the language undefined. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None • • I • • ( ( ( • April 20, 1981 Page 8 • • • The Mayor decl a red the motion carried. ORDINANCE NO. SERIES OF 1981 __ _ * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 42 IN TR ODUCED BY COUNCIL MEMBER AN ORDINANCE AMENDING THE 1969 ENGLEWOOD MUNICIPAL COD E BY THE ADDITION THERETO OF CHAPTER 1.5 OF TITLE XII PROVIDING FOR THE DEFERMENT OF PA YMENT OF SPECIAL ASSESSMENTS MADE UPON PROP ERTY OCCUPIED AS A RESIDENCE BY 1HE OWNERS. City Attorney DeWitt asked that the bill be tabled be- cause there needed to be further discussion with Finan ce, Com- munity Development and his office to work out the act ual pr oce- dure. Council Member Neal expressed concerns in tha t the d eter- mination of eligibility was being made by the Director o f Finane • Mr. Neal stated maybe it should be made by Council. He s t ated his vreference to make application for deferment was at the f orma tion of the district. Mr. Neal stated perhaps some safeguard or def i ni- tion of assessment district should be inserted. COUNCIL MEMBER BRADSHAW MOVED TO TABLE COUNCI L BILL NO. 42, SERIES OF 1981. Council Member Bilo seconded the motion. Council instructed City Attorney DeWitt to re turn the bill on the agenda of May 4, 1981; and further instruct ed t he City Manager to place the bill on a study session prior t o that Council meeting. Council Member Neal noted if the time of appl i c ation was changed to the formation of the district, there should be a grandfather clause to cover Paving District No. 27. Upon a call of the roll, the vote resulted as f ollow s: Ayes : Nays : Council Members Higday, Neal, Fitzpatri ck , Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • ( ( ( • April 20, 198 1 Page 9 RESOLUTION NO. 18 SERIES OF 1981 • • • A RESOLUTION REAFFIRMING APPOINTMENTS TO THE PUBL IC LIBRARY BOARD. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 18, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Council Member Bradshaw instructed the City Manager to send a ccpy of this resolution to Mr. Hogue with an appro- priate explanatory letter. Upon a call of the roll, the vote resulted as f ollows : Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION DECLARING THE WEEK OF APRIL 27 -MAY 3, 1981, AS "VOLUNTEER RE- COGNITION 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 Ma y or dec l ared the motion carried. * * * * * * Ci t y Attorney DeWitt gave a status report on the Dart Board case pending in district court. Mr. DeWitt stated his office was stlll working on the case and it had finally been re- assigned to the correct division; however, the judge has re- signed and a new one will be appointed. * * * * * * City Attorney DeWitt announced the resignation of Leo Clark, prosecutor for the City. • I • • ( ( • April 20, 1981 Page 10 • • • COUNCIL MEMBER NEAL MOVED TO ACCEPT LEO CLARK'S RESIGNA- TION FROM THE CITY OF ENGLEWOOD; AND REQUESTED THE CITY ATTORNEY TO SEND HIM A LETTER. Council Member Bradshaw seconded the motion. In response to Council Member Higday's question, Mr. DeWitt presented Mr. Clark's letter of resignation. Upon a call 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 and resolution concerning the Six-Quarter Budget for April, 1981 through September, 1982. Counc~l Member Neal requested that he be provided with a map which located the handicap ramps. RESOLUTION NO. 19 SERIES OF 1981 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 19 •, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a Council Communication concerning Aid To Other Agencies. COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT THAT FUNDS BE ALLOCATED TO DBA FOR $500; COMMUNITY ARTS SYMPHONY FOR $3,500; INTER-FAITH TASK FORCE FOR $10,000; LEAGUE OF WOMEN VOTERS FOR $700; HOLIDAY PARADE FOR $2,000; ARAPAHOE HOUSE FOR $5,500; AND • • I • • ( ( ( April 20, 1981 Page 11 • • .. TO HOLD THE AMOUNT TO THE ENGLEWOOD JAYCEES. Council Member Neal seconded the motion. Upon a call of the roll, the vote re-sulted as follows : Ayes : Nays: Co uncil Members Higday , Neal, Fitzpatrick, Keena, Bilo , Bradshaw, Otis. None. The Mayor declared the motion carr i ed. * * * * * * City Manager McCown presented a Counc i l Commun ication concerning fee increases for the Recreation Department. COUNCIL MEMBER BRADSHAW MOVED TO RA TIFY THE FEE IN- CREASES FOR PARKS AND RECREATION DEPARTMENT. Council Member Fitzpatrick seconded the motion. Council Member Keena spoke against the increase on the basis that it had not been proven to her that the administrative costs can be adequately handled; and further it was difficult to to prove residency. Ms. Keena stated most of the metro area is used and shared by citizens of neighboring communities free of charge. Council Member Higday stated he would have liked to see the non-resident fee increased more than 25%. Council Member Bilo spoke against the charge for the Junior Sports program. Council Member Bradshaw stated it was difficult to recover costs for adult activities. She stated that non-re- sidents should not be penalized by a high fee but should be expected to pay some additional charge to use Englewood's programs. She stated the Junior American program was only ~10 per participant with unlimited activities. Counc il Member Fitzpatrick stated the 25% for non- resident was nom i nal and disagreed that the administration costs would eat up the increase. Mr. Fitzpatrick stated the instructor of each class should be able to tell after a short period of time if the participants were resident or non-resi- dent. Mr. Fitzpatrick stated he did not wish to penalize the neighbors of Englewood. Council Member Neal argued that neighboring communities did pay certain fees. Mr. Neal stated there was a $2.00 head tax I • • ( • April 20, 1981 Page 12 • • .. for people who work in Denver and there was a 50¢ additional fee per round of golf for anyone who is not resident of Denver and wanted to play Denver golf courses. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Bradshaw, Otis. Couincil Members Keena, Bilo. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed the literature he sent to Council regarding the Regional Transportation District. Hr. McCown stated if Council had any particular projects they wanted to add to the enclosed list of improvements to be sent to RTD to let him know this week. He stated RTD pays for various improve- ments to streets, curbs, etc., if in fact it can be proven that the improvements relate to helping buses move better through traffic. In response to Council Member Higday's question, Hr. McCown stated the request did not include bus stops or shelters. * * * * * * Council scheduled the review of the munic ipal court study for April 29, 1981, at 5:00 p.m. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE 1980 FI- NANCIAL REPORT. 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 announced there were no more massage parlors in the City of Englewood. • I • • • • • • April 20, 1981 Page 13 Council Member Bilo stated a sign had been put up on Dartmouth and Santa Fe. Council Member Fitzpatrick stated Assistant City Manager Rich Wanush would investigate to see if the sign meets code. * * * * * * Council Member Bradshaw stated last week a citizen called her to thank her for the fine staff at City Hall who work with the home rehabilitation program. The citizen further thanked the City for the loan she received for her home. * * * * * * Mayor Otis announced the ground breaking ceremonies for the new Senior Citizen High Rise would be Saturday at 11 :00 a.m. * * * * * * Council Member Neal asked City Attorney DeWitt when the ordinance regarding the zoning for massage parlors, adult book stores, etc. was going to be prepared. City Attorney DeWitt stated he was planning to intro- duce it at the next regular meeting. * * * * * * Council Member Higday asked when the second nine holes of the golf course would open. 1981. City Manager McCown stated plans were still for June 1S t, * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. 8:45 p.m. Mayor Otis adjourned the meeting without a vote at im&rtk~J~ yPU y City Ct:k • I • • 0 • • REGULAR MEETING : • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO April 20, 1981 \lA- The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on April 20 , 1981, at 7 :30 p.m. Mayor Otis, presiding , called the meeting to order. The invocation was given by Council Member Thomas Fitzpatrick. The pledge of allegiance was led by Boy Scout Troop #92. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higd a y, Neal, Fitzpatrick, Keena ·, Bilo, Bradshaw, Otis. Absent : None. The Mayor declared a quorum presen t . * * * * * * 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 REGULAR MEETING OF APRIL 6, 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. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION DECLARING THE WEEK OF APRIL 20 -26, 1981, AS "VICTIM RIGHTS WEEK". Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • ( • • • • April 20, 1981 Page 2 Ayes : Nays : Council Members Higday, Neal , Fitzpatrick, Keena , Bilo, Bradshaw , Otis. None. The Mayor declared the motion carried. Mayor Otis presented the proclamation to Ms. Ann Mcintyre , of the District Attorney's office. Ms. Mcintyre stated there was a bill pending before the legislature which would establish a crime victim compensation fund. Ms. Mcintyre passed out buttons stating "Victims Are People" to each Council member to wear during the pro-claimed week. were: * * * * * * There were no other visitors at this time. * * * * * * "ColllllUnications -No Action Recommended" on the agenda (a) (b) (c) (d) (e) Minutes of the Board of Adjustment and Ap- peals meeting of March 11, 1981. Minutes of the Planning and Zoning Commission meeting of March 17, 1981. Minutes of the Denver Regional Council of Governments meeting of March 18, 1981. Minutes of the Liquor License Authority meeting of March 18, 1981. Minutes of the Downtown Development Authority meeting of April 8, 1981. COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" AGENDA ITEMS SA -SE. 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. * * * * * * • I • • • April 20, 1981 Page 3 • • - Assistant City Manager Richard Wanush presented a Coun- cil Communication from the Planning and Zoning Commission meeting of April 7, 1981, concerning a request to vacate the portion of a utility easement in the Centennial South Subdivision, which is located on the southeast corner of West Union Avenue and South Decatur Street, for which there is no public purpose. COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY AT- TORNEY TO PREPARE AN ORDINANCE APPROVING THE VACATION REQUEST. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council Communication from the Planning and Zoning ~ommission meeting of April 7, 1981, concern- ing the findings of fact on rezoning of lots 10 and 11, Block 1, Centennial Industrial Park -George B. Adams. COUNCIL MEMBER KEENA MOVED TO RECEIVE THE FINDINGS OF FACT. 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 Andy McCown presented a Council Communica- tion from the Water and Sewer Board meeting of April 14, 1981, con- cerning the McLellan Reservoir Watershed Study. Mr. McCown stated there was concern that the development in and around the reservoir provide proper drainage facilities. Mr. McCown stated the reservoir is the source of supply for the drinking water in Englewood and in the future will be a source of a portion of drink- ing water for Mission Viejo Corporation. He stated in discussions with the City of Littleton, the developers and other related parties~ the question arose as to what is the proper amount and quality of • I • • • April 20, 1981 Page 4 • • • _water that should be allowed into the reservoir; and at this parti- cular time, there is no answer. Hr. McCown recommended that staff be authorized to enter into contract negotiations with Black and Veatch to have a study prepared to develop parameters on how much water and level of quality of water can be allowed to go into the reservoir. Hr. McCown stated when a full proposal is ready he would come back to Council with the costs and request direction from Council. COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT STAFF TO NEGOTIATE A CONTRACT WITH Bl.ACK AND VEATCH CONSULTING ENGINEERS TO STUDY THE EFFECTS OF THE PROPOSED URBANIZATION IN THE MC- LELLAN RESERVOIR WATERSHED ON THE WATER QUALITY IN THE RESER- VOIR. Council Member Bilo seconded the motion. In response to Council Member Bilo's question, Mr. McCown stated since a portiou of the McLellan Reservoir would go to Mission Vie j o Corporation, they might be willing to share a portion of the costs of the study. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a letter from Cyndi Geist, 3030 South Marion Street, concerning her resignation from the Non- Emergency Employees' Retirement Board. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE RE- SIGNATION. 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 instructed the City Manager to advertise for the vacancy as well as for vacancies on the Election Commission, Elsie Malley Trust Fund Board and the Englewood Downtown Develop-ment Authority. * * * * * * • I • • ( • April 20, 1981 Page 5 .. • • - Mayor Otis presented the minutes of the Parks and Re- creation Commission meeting of April 9, 1981, with recommenda- tions requesting to have a member of the Commission present at City Council meetings with staff and requesting that revisions be made to the ordinance which created the Parks and Recreation Commission. Council Member Fitzpatrick noted that during a study session questions arose concerning the aforementioned recommenda- tions. Mr. Fitzpatrick stated it was suggested that the recom- mendations be tabled until Council could meet with the Parks and Recreation Commission. COUNCIL MEMBER BRADSHAW MOVED TO TABLE AGENDA ITEMS 6(E)(I) AND 6(E)(II). 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. * * * * * * Mayor Otis presented the minutes of the Parks and Re- creation Commission meeting of April 9, 1981, with a recommenda- tion from the Commission concerning the selection of Trustee mem- bers to the Malley Center Trust Fund. COUNCIL MEMBER KEENA MOVED TO APPROVE THE APPOINTMENT OF RUTH "PERKY" ALLEN AS THE REPRESENTATIVE FROM THE PARKS AND RECREATION COMMISSION; DR. GATEWOOD C. MILLIGAN, HAROLD RUST, AND EVELYN BROOM AS REPRESENTATIVES FROM THE ELSIE MALLEY CENTER; AND COUNCIL MEMBER BRADSHAW AS REPRESENTATIVE FROM THE CITY COUN- CIL TO THE MALLEY CENTER TRUST FUND. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • ( • Apr il 20, 1981 Page 6 ORDINANCE NO. 36 SERIES OF 1981 • • • BY AUTHORITY COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE AMENDING SECTION 1, CHAPTER 1, TITLE VIII, OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED, PROVIDING FOR NINE CITIZEN-AT-LARGE MEMBERS OF PUBLIC LIBRARY BOARD. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 38 1, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal , Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Higday instructed staff to write a letter to Bruce Hogue explaining how this ordinance clarifies the discre- pancy in term expirations which he brought to Council's attention a few weeks ago. ORDINANCE NO. 37 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT PROVIDING FOR SHARED COST OF REPLACEMENT OF THE SOUTH PLATTE RIVER DRIVE BRIDGE OVER LITTLE DRY CREEK. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 3 9 1, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Higday, Neal, Fitzpatrick•, Keena , Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. • I • • ( ( • April 20, 1981 Page 7 • • • Mayor Otis stated at the Urban Drainage and Floo d Con - trol meeting last Thursday, the board passed on and agreed to share with Englewood the first phase between the river and Santa Fe . Work will commence June 1st. ORDINANCE NO. SERIES OF 1981 * * * * * * AY AUTHORITY A BILL FOR COUNCIL BILL NO. 41 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE REPEALING AND REENACTING SECTIONS 1 THROUGH 16 OF CHAPTER 7, TITLE IX, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED. City Attorney DeWitt stated a section was removed, which appeared in the proposed bill, thereby allowing Council further consideration of additional penalty provisions. Council Member Neal requested the City Attorney to prepare language that would raise the general limit f or city violations ; not to a specific limit, but Mr. Neal stated he wanted to make sure the subject came up as a topic in a study session. Mr. Neal asked that this request be done in the next two months. City Attorney DeWitt stated the maximum dollar limit was $999 ; and as a realistic matter 90 days in jail was the maximum, practical timeframe. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 41, SERIES OF 1981, ON FIRST READING. Council Member Bilo seconded the motion. Council Member Neal stated previously he had request- ed some definitive language concerning business personnel hindering police officers from entering the premises. Mr. Neal stated it was explained to him by City Attorney DeWit t why it was better leaving the language undefined. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. • I • • • April 20, 1981 Page 8 • • - The Mayor declared the mot ion carr ied . ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 4 2 IN TRODUCED BY COUNC il. MEMB ER ------ AN ORDINANCE AMENDING THE 1969 ENGLEWOOD MUNICIPAL CODE BY T H~ ADDITION THERETO OF CHAPTER 1.5 OF TITLE XII PROVIDING FOR T DEFERMENT OF PAYMENT OF SPECIAL ASSESSMENTS HADE UPON PROP ERT\ OCCUPIED AS A RESIDENCE BY iHE OWNERS. City Attorney DeWitt asked that the bill be tabl ed ~ - cause there needed to be further discussion with Finan ce , Co m munity Development and his office to work out the actual pro c -dure. Council Member Neal expressed concerns in tha t t h t r- mination of eligibil i ty was being made by the Direct or o f Fi • 1~ • Mr. Neal stated maybe it should be made by Council. He sta te ~reference to make application for deferment was at the for m ar1o ~ of the district. Hr. Neal stated perhaps some safeguard or d ~ r~­ tion of assessment district should be inserted. COUNCIL MEMBER BRADSHAW MOVED TO TABL E COUNCI L BI LL NO. 42, SERIES OF 1981. Council Member Bilo secon ded them t•or.. Council instructed City Attorney DeWit t to r eturn t e bill on the age nda of May 4, 1981; and further instruct ed t h City Manager to place the bill on a study session prior t o L ha~ Council meeting. Council Member Neal noted if the time of applica ti on was changed to the format ion of the district, there should b e a grandfather clause to cover Paving District No. 27. Upon a call of the roll, the vote resulted a s foli o~~. Ayes : Nays : Council Members Higday, Neal, Fitzpa tr i c~, Keena, Bilo, Bradshaw , Otis. None. The Mayor declared the motion carried. * * * * * * • I • • ( • April 20, 1981 Page 9 RESOLUTION NO. 18 SERIES OF 1981 • • • A RESOLUTION REAFFIRMING APPOINTMENTS TO THE PUBLIC LIBRARY BOARD. COUNCIL MEMBER BRADSHAW t«>VED TO PASS RESOLUTION NO. 18, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Council Member Bradshaw instructed the City Manager to send a copy of this resolution to Hr. Hogue with an appro-priate explanatory letter. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE A PROCLAMATION DECLARING THE WEEK OF APRIL 27 -HAY 3, 1981, AS "VOLUNTEER RE- COGNITION 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. * * * * * * City Attorney DeWitt gave a status report on the Dart Board case pending in district court. Hr. DeWitt stated his office was still working on the case and it had finally been re- assigned to the correct division; however, the judge has re- signed and a new one will be appointed. * * * * * * City Attorney DeWitt announced the resignation of Leo Clark, prosecutor for the City. • I • • c • ( • April 20, 1981 Page 10 • • - COUNCIL MEMBER NEAL MOVED TO ACCEPT LEO CLARK 'S RESIGNA- TION FROM THE CITY OF ENGLEWOOD; AND REQUESTED THE CITY ATTORNEY TO SEND HIM A LETTER. Council Member Bradshaw seconded the motion. In response to Council Member Higday's question, Mr. DeWitt presented Mr. Clark's letter of resignation. Upon a call 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 and resolution concerning the Six-Quarter Budget for April, 1981 through September, 1982. Council Member Neal requested that he b e p rov ided with a map which located the handicap ramps. RESOLUTION NO. 19 SERIES OF 1981 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER KEENA MOVED TO PASS RESOL UTION NO. 19 1, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Higday, Neal , Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The May o r declared the motion carried. * * * * * * City Manager McCown presented a Council Communication concerning Aid To Other Agencies • COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT THAT FUNDS BE ALLOCATED TO DBA FOR $500; COMMUNITY ARTS SYMPHONY FOR $3,500; INTER-FAITH TASK FORCE FOR $10,000; LEAGUE OF WOMEN VOTERS FOR $700; HOLIDAY PARADE FOR $2,000; ARAPAHOE HOUSE FOR $5,500; AND • I • • • April 20, 1981 Page 11 • • • TO HOLD THE AMOUNT TO THE ENGLEWOOD JAYCEES. Council Member Neal 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 a Council Communication concerning fee increases for the Recreation Department. COUNCIL MEMBER BRADSHAW MOVED TO RATIFY THE FEE IN- CREASES FOR PARKS AND RECREATION DEPARTMENT. Council Member Fitzpatrick seconded the motion. Council Member Keena spoke against the increase on the basis that it had not been proven to her that the administrative costs can be adequately handled; and further it was difficult to to prove residency. Ms. Keena stated most of the metro area is used and shared by citizens of neighboring communities free of charge. Council Member Higday stated he would have liked to see the non-resident fee increased more than 25%. Council Member Bilo spoke against the charge for the Junior Sports program. Council Member Bradshaw stated it was difficult to recover costs for adult activities. She stated that non-re- sidents should not be penalized by a high fee but should be expected to pay some additional charge to use Englewood's programs. She stated the Junior American program was only ~10 per participant with unlimited activities. Council Member Fitzpatrick stated the 25% for non- resident was nominal and disagreed that the administration costs would eat up the increase. Mr. Fitzpatrick stated the instructor of each class should be able to tell after a short period of time if the participants were resident or non-resi- dent. Mr. Fitzpatrick stated he did not wish to penalize the neighbors of Englewood. Council Member Neal argued that neighboring communities did pay certain fees. Mr. Neal stated there was a $2.00 head tax • I • • • April 20 , 1981 Page 12 .. • • • for people who work in Denver and there was a 50¢ additional fee per round of golf for anyone who is not resident of Denver and wanted to play Denver golf courses. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Bradshaw, Otis. Couincil Members Keena, Bilo. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed the literature he sent to Council regarding the Regional Transportation District. Hr. McCown stated if Council had any particular projects they wanted to add to the enclosed list of improvements to be sent to RTD to let him know this week. He stated RTD pays for various improve- ments to streets, curbs, etc., if in fact it can be proven that the improvements relate to helping buses move better through traffic. In response to Council Member Higday's question, Mr. McCown stated the request did not include bus stops or shelters. * * * * * * Council scheduled the review of the municipal court study for April 29, 1981, at 5:00p.m. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE 1980 FI- NANCIAL REPORT. 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 announced there were no more massage parlors in the City of Englewood • • I • • • • - April 20, 1981 Page 13 Council Member Bilo stated a sign had been put up on Dartmouth and Santa Fe. Council Member Fitzpatrick stated Assistant City Manager Rich Wanush would investigate to see if the sign meets code. * * * * * * Council Member Bradshaw stated last week a citizen called her to thank her for the fine staff at City Hall who work with the home rehabilitation program. The citizen further thanked the City for the loan she received for her home. * * * * * * Mayor Otis announced the ground breaking ceremonies for the new Senior Citizen High Rise would be Saturday at 11 :00 a.m. * * * * * * Council Member Neal asked City Attorney DeWitt when the ordinance regarding the zoning for massage parlors, adult book stores, etc. was going to be prepared. City Attorney DeWitt stated he was planning to intro- duce it at the next regular meeting. * * * * * * Council Member Higday asked when the second nine holes of the golf course would open. 1981. City Manager McCown stated plans were still for June 1S t, * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. 8:45 p.m. Mayor Otis adjourned the meeting without a vote at I • • n • ,- • .. - lJf..~~&~&u~ 1-cJ.O-J' I ROLL CALL 1 ;.J 0 f /)'Y) Moved Seconded Aye Nay Ab t Ab sen stain Higday Neal Fi tzpatrl ck Keena Bllo Bradshaw OtiS ~L/0~-~ '-=b--~~-~ . . L ~-'l3tr (!rut;~-#9~ if~ . • • I . . • • • • .. • ROLL CALL Moved Seconded Aye May Absent Abstain Hlgday y Meal '- Fl tzpatr~ ck ~ Keena t-- 8110 t-- Bradshaw t-- OtiS J.-- I • • • • • .. - RO l l CAll Moved Seconded Aye Na y Ab sent Abstain Higday \ Neal 1 v Fitzpatr i ck I Keena I 8110 I ...-Bradshaw I Otis I \ I 1/L . 0-fU 21'1 I • • • • • • - ROL L CALL Na y Absent Abstain I I • • • • .. - ROLL CALL Moved Seconded Aye Nay Absent Ab 1 -, sta n Hiadav \ Neal I Fltzp-atnck 7 v-Keena 7 Bllo I //' Bradshaw I OtiS " /0 r~ _ /lflcLw, e,t;,w un~ZA 0f4 -'tu-rtrYVL<t -I( fftt:-i_ ~ tJ-~ r r :' • • I . . • • • ,. • ROLL CALL Hove d Seconded Aye Nay Absent Abstain Higday ' Neal I v F 1 tzpatn ck I v Keena I Bllo 1 Bradshaw ( Otis ' I • • • • • • • Hove d Seconded Aye Nay Absent Abstain HiQdav ' Neal T Fl tzpatn ck I J.,.--"' Keena I Bllo I v Bradshaw { OtiS \ I . . • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain J ' 1 Hiqday I Neal v Fl tzpatri ck I 1/ Keena I Bllo I Bradsh-r I -OtiS \ I " I • • • • • .. - ... Hiadav \ Neal l v-F i tzpatrick I Keena I v Bllo I Bradshaw l Ot1s \ '- I . . • • • • ROLL CAL L Moved Seconded Aye Nay Absent Abstain HlQday '\. Neal 1 v Fi tzpat rick I v-Keena I Bi lo I Bradshaw I Otis \ '- bd . a~ r /)!J.~.t )(_~. . . ~ ~~ &n~-r ~<--jJ~ ~ \Jji__.-~ ~~/L d d-E I) LJ /l I . . • • n • • • Moved Seconded Aye Absent Abstain Higday \ I Neal I FitzPatrick J Keena I -_.!:::._ B i_!o I ~ Bradsh~ OtiS I J ' I . • • • • • Hove d Seconded v 6 ,L ... ~ • J/ • • ,. • ROLL CALL Aye Nay Absent Abstain Hlgday Neal Fl tzpatn ck l<eena Bllo Bradshaw OtiS I . • • • .. - ROLL CALL Hove d Seconded Nay Absent Abstain • • I • • • • • • , . • .. ROLL CALL Moved Seconded Aye Nay Absent \ Abstain HiQdav -Neal 1 F1 tzpatn ck -1/ Keena I -v 81 0 I -Bradshaw I OtiS T ....., -' \__ I . • • • • • ,. - ROLL CALL Moved Seconded Aye Nay Absent Abstain HICidav Neal Fitzoatnck Keena Biro Bradshaw OtiS - I . • • • • - ROLL CALL H ove d s econ ded A ~~ N ay Ab sent Ab sta n Hlgday \ ,..,_. Neal I Fi tzpat r1 ck I Keena / t/ B_i_~o _j_ Bradshaw I OtiS ' I . • • • • , . • t v ROLL CALL Moved r' 1r· Seconded p p § ~ 1 A ye Nay Absent Abstain Hiodav Neal Fitzoatr1ck Keena 81 lo Bradshaw Otis I . • • • • i • • • , . • ROLL CALL Moved Seconded Aye Nay Absent Hiadav Neal F 1 tzpat rl ck Keena Bllo Bradsh--OtiS .--------/h. /1 J.JL b -tu L nv §-4 -?I ~lu.J-~J.k; d~u . Abstain • i I I I . • ,, • • • RO LL CA L L o ve d s econ ded A '~ Na y Ab sent Ab stain Higday \ Neal J Fi tzpatrl ck I Keena I Bllo I Bradshaw I Ot1s \ ' I • • • • • • ,. • ROll CAll Hove d Seconded Aye Nay Absent Abstain .... Hiqd~_ Neal I v Fl tzpat r 1 ck Keena I 8110 I v Bradshaw l Otis '- P;( { I . • • • • .. • ROLL CALL "ove d Seconded Aye Nay Absent Abstain Hiadav Neal Fl tzDatrl ck .......... Keena I Blo I v Bradshaw I Oti S " • I . • • -• • .. • a a a ROLL CALL Hove d Seconded Aye Nay Absent Abstain HIQday Neal Fltzpatr ck Keena BITo Bradshaw OtiS 1 t .,dil ft '12/z_, ''j IX_ ~J. .f3n ?d?_ . ~ ~ ~LL"'j ~~--~ I . • • • .. • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higdav ~ Neal F I tzoat n ck Keena Bllo ,__ Bradshaw OtiS I . • • • .. • ROll CAll Move d s econ ded A '"-N ay Ab sent Ab sta n Hlgday I Neal L Fl tzpatrl ck I Keena I Bllo I Bradshaw I OtiS \ ....... I • • • • • .. - conded AY._e Nay Absent Abstain r T -Jigdav 1..- 1/ Neal ------L--J.. 1 T Fltzoatrlck I _T --, Keena I I 81 0 I l Bradshaw OtiS 1\ \. l l l ""1 " I • • • - • • • • • .. - ROLL CALL Moved Seconded Aye Nay Absent Hladay \ -v Neal 1 v FItzpatrick / Keena / Bllo I Bradshaw I OtiS \. -'-~...,---~A O fFO""~-~tzfi2·~ • .. Abstain I . • • • • • .. - -... ROll CALL Hove d Seconded Aye Nay Absent Abstain --- d :.-/ r'IA~ 1 fo<~"' Z-~~~ ~La-c-.-v~«._ -~+--j-1 vx-~J -,LL/ ~ ~ tKA-'<U +-yUu-u ~ ;J_ <fuu 1f <'!~ _/~ ?IA'Y'k> r /]tV~_/WL;,} tf-{IIAJ u/Z''{)" I • • V. D • • .. • -. ROLL CALL Moved Seconded A ye Nay Absent Abstain Hiaday Neal Fitzpatrrck Keena BIIO Bradshaw OtiS I . • • • • • , . • ROLL CALL Moved Seconded A ye Nay Absent Abstain Higdav Neal Fitzpatrick Keena Bllo Bradshaw Otis V~-~sd, ,/"--~~ _v. ~, /)~~ ~~ ~r _f ~-z-~ ~ 6:..-~4A---~ ~ #r ~ ~~G r-- ~~---/L-£-Q...<_ ~ c::::. • ~ ~ ,_d.._ ~;;L ~ "-fl<-<> (_ ----- .,.£~Lu-;-d_.n l -r -r;-.. c; 10 v~.£ :r&-/ e6f ~~zr &~ ~4~-L<ff.~ ~GJ #d~.-bt'< .. I . • • • ,. • .. ----. ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal - Fitzpatrick -Keena -8110 -Bradshaw -OtiS - • • • I • • • • - .. ROLL CALL I • • • • • .. • ... ----·-· ... ROLL CALL Moved Seconded A ye Nay Absent Abstain Hlqdav Neal Fi tzpatn ck Keen a B1lo Brad s h- Oti s )Mdd ~~~ 0:' RV Lj-z_q_ P; ~~J I . • • • • • .. • ROLL CALL Hove d Seconded Aye Nay Absent Abstain Hiadav Neal F1 tzoatn ck Keena Bllo Bradshaw Oti S - 71~ /)~ /"'~ ~~/"~ '-13,P Y' r JJ_,ut "y;:. c -t~ ~ ;f.;); 1'-Ue-Lozd. ~ e.ii.__ . //r' /lJ a. ~~e- ~~WoL ,!!~ ~ • • I . • • • . . • ROLL CALL Moved Seconded Aye Nay Absent Abstain -Higdav Neal Fl tzpatri ck Keena Bl o Bradshaw OtiS I . • • • ( \ ( • 7 :30 P .M. • • .. • AGENDA FOR nlE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL APRIL 20, 1981 . , ~~~~Ju-~ Call to order, invocation by Pa~om Bybee.~~tar­ Englewood Wesleyan Church, 460~South Fox Street, pledge of allegiance by Boy Scout Troop #92, and roll call . \ fU Q.-Lr;tt.-{,... Minutes . (a) Minutes of the regular meeting of April 6, 1981. (Copies enclosed .) 2 . Pre-Scheduled Visitors . (Please limit your presenta- tion to 10 minutes .) 3 . 4 . 5. Other Visitors. (Please limit your prese~tat ~on ~o 5 minutes.)-~-Y'"rl~n..J~'-1.. ~'»") J5_,J,.__t., p l..u.tu rJ arv.,· Jn ~V~ ~Jau-n ?~tJ-tftf c.,_.__, Public Hearing. Communications -No Action Recommended . (a) Minutes of the Board of Adjustment and Appeals meeting of March 11, 1981. (Copies enclosed.) (b) Minutes of the Planning and Zoning Commission meeting of March 17 , 1981 . (Copies enclosed.) (c) Minutes of the Denver Regional Council of Govern- ments meeting of March 18 , 1981. (Copies enclosed.) (d) Minutes of the Liquor License Authority meeting of March 18, 1981. (Copies enclosed.) (e) Minutes of the Downtown Development Authority meeting of April 8, 1981. (Copies enclosed.) • I • • • • - Page 2 April 20, 1981 6. Communications -Action Recommended . Council Communication from the Planning and Zoning Commission meeting of April 7, 1981 concerning an easement vacation in Centennial South Subdivision. (Copies enclosed .) Council Communication from the Planning and Zoning Commission meeting of April 7, 1981 concerning the findings of fact on rezoning of lots 10 and 11, Block 1, Centennial Industrial Park -George B. Adams. (Copies enclosed .) Council Communication from the Water and Sewer Board meeting of April 14, 1981 concerning the McLellan Reservoir Watershed Study. (Copies enclosed.) Letter from Cyndi Geist, 3030 South Marion Street, concerning her appointment to the Retirement Board. (Copies enclosed .) Minutes of the Parks and Recreation Commission meeting of April 9, 1981 with the following recommendations : (i) rJ-'((ii) Request to have Member of Commission present at City Council meetings with staff; Revision of the Parks and Recreation Commission Ordinance; and ~Vi ~(iii) Memorandum from the Commission concern- ing the selection of the Trustee Members to the Malley Center Trust Fund. (Copies enclosed.) 7. City Attorney. Ordinances on Final Reading. Ordinance amending Section 1, Chapter 1, Title VIII, of the Englewood Municipal Code 1969, as amended, providing for nine citizens- at-large members of Public Library Board. (Copies enclosed.) • I • • 0 • ( • • • Page 3 April 20, 1981 7 . City Attorney (Continued). Ordinance approving a contract between the City of Englewood and the Urban Drainage and Flood Control District providing for shared cost of replacement of the South Platte River Drive Bridge over Little Dry Creek . (Copies enclosed.) Bills for Ordinances. Bill repealing and reenacting Section 1-16 of Chapter 7, Title IX, of the 1969 Englewood Municipal Code, as amended -Massage Parlor. (Copies enclosed.) (d) Bill amending the 1969 Englewood Municipal Code n t4), by the addition thereto of Chapter 1. 5 of ~ o Title XII, providing for the deferment of payment u· ~ of special assessments made upon property ~,~\occupied as a residence by the owner. (Copies ~ enclosed.) pJY'~ Resolution. ~~~ (e) Resolution reaffirming appointments to the ~ b Public Library Board. (Copies enclosed.) Proclamation. (f) Proclamation proclaiming the week of April 27 to May 3, 1981 as Volunteer Recognition Week. (Copies enclosed.) Other Matters. (g) 8. City Manager . Council Communication concerning the Six-Quarter Budget for the period April, 1981 to September, 1982. (Copies enclosed.) Council Communication from the City Manager concerning Aid To Other Agencies. (Copies enclosed.) Council Communication from the Director of Parks and Recreation concerning Recreation Fees. (Copies enclosed.) .,------~~------~----------~ • I • • \ • • • . . • Page 4 April 20, 1981 8. ~· 9. 10. City Manager (Continued). (d) Transmittal of the 1980 Financial Report. (Copies enclosed.) . (e) Manager's Choice.-'*'' D ~~ .-L ~ Yll-6.. ue-x.' -./Y)'U.(.~ ~~ l.tJ~ -5'. 'IJ ~ rF /)')'") -f-l'l-¥'1 General Discussion. (a} (b) Adjournment. • I . . • ( • • • • COUNCIL CHAMBERS I A CITY OF ENGLEWOOD, COLORADO April 6 , 1981 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on April 6, 1981, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Clayton Nietfeld, Grace Lutheran Church, 4750 South Clarkson Street. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent : None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Wanush City Attorney DeWitt Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MARCH 16, 1981. Council Member Bilo 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. * * * * * * Council Member Neal noted a correction to the minutes of the special meeting of March 30, 1981, as follows: • I • • • April 6, 1981 Page 2 • - On page 6, sixth paragraph, Mr . Neal stated he had in- dicated the board possibly had some "financial or bonding" powers; and he noted a mispelling, the correction to be "disbanding". COUNCIL MEMBER KEENA MOVED TO APPRO VE THE MINUTES OF THE SPECIAL MEETING OF MARCH 30, 1981, AS CORRECTED. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Hi gday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE THE PROCLAMATION PROCLAIMING APRIL 30, 1981, AS "BETA SIGMA PHI DAY". Council Mem- ber Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis read the proclamation aloud and presented it to Mrs. Claudia Traynor, Publicity Chairman for Beta Sigma Phi. Mrs. Traynor expressed her appreciaton on behalf of the organization. * * * * * * Pre-scheduled visitor, Gary C. Bowman, 3327 West Chenango Avenue, was present. Mr. Bowman stated he was an employee of the federal agency, Defense Contract Administration Services Management Area, General Services Administration, presently located at Cin- derella City. Mr. Bowman stated the Federal Government has issued Executive Order 12072 upon expiration of leases of office space, the agencies are to relocate to the core city area for the purpose of revitalizing the core area. Mr. Bowman stated he felt the move was not necessary for the following reasons: 1) based on how money could be spent, the agency probably would not be able to find ade- quate and desirable office space or else go over the budgeted amount; I • • ( • April 6, 1981 Page 3 • - 2) Downtown Denver did not need the business, whereas, Englewood did; 3) it would not be worthwhile based upon economical problems for employees who would have to drive to downtown Denver,and further, driving would increase pollution. Mr. Bowman asked for assistance from the City Council to express the need for the agency to stay in Englewood. Mr. Bowman asked that Council contact the agency, congressmen and management at Cinderella City. Mr. Bowman stated he had contacted Congressmen Hart, Armstrong and Kramer but had not received any definite replies. COUNCIL MEMBER HIGDAY MOVED THAT A LETTER BE DRAFTED EXPRESSING COUNCIL'S ADAMANT CONCERN FOR KEEPING THE BUSINESS IN CINDERELLA CITY BECAUSE OF THE FACT THAT IT IS DIRECTLY CON- TRADICTORY TO EXECUTIVE ORDER 12072 IN TERMS OF THE AMOUNT OF MONEY IT IS SUPPOSE TO SAVE OR THE AMOUNT OF HONEY THEY ARE NOT SUPPOSE TO GO OVER IN TERMS OF SOME RESTRAINTS THAT THE FORMER ADHINISTRATION SENT; AND ALSO, THAT IT IS NOT REALLY VERY CON- DUCIVE TO OUR SITUATION SOCIALLY OR ECONOMICALLY, IT DOES NOT DO ANYTHING BUT HURT THE CITY OF ENGLEWOOD IF IT IS MOVED OUT OF THE CITY OF ENGLEWOOD; AND FURTHER, THAT THE LETTER BE SENT TO GENERAL SERVICES ADMINISTRATION AND TO ALL MEMBERS OF CON- GRESS; AND THAT A COPY OF THE PERTINENT REGULATION ATTACHED TO MR. BOWMAN'S LETTER BE INCLUDED WITH THE LETTER. 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. * * * * * * Mayor Otis asked if there were any other visitors wish- ing to speak at this time. Roy Eastin, 4546 South Lipan Court, appeared before Coun- cil and discussed his concerns over the expenses involving the em- ployee Christmas party, the letter having to do with the last special election, and the golf course clubhouse. On the clubhouse, more specifically, Mr. Eastin stated that Council was giving preferential treatment to a few citizens rather that the majority, the projected costs have been changed • I • • • Ap r il 6, 1 98 1 Pa ge 4 • .. several t imes f rom t he o r igina l pro j e ction, a nd tha t he had be e n told the clubhouse was going to be cons t ructed on l and conta i ning methane gas. Council discussed th i s ma t ter at length with Hr. Eastin ment i oning the construction of the clubhouse was inherent to the favorable vote of the citizens to construct a golf course sev eral years back ; and now Council was trying to do a prudent job in se- lecting a proper clubhouse. The clubhouse would be multi-purpose, that of serving golfers and providing a place for service clubs to meet. City Manager McCown stated 10-year projection studies show that with the type of clubhouse that is presently on the course, the City would stand to lose money over the next 10 years. With a larger clubhouse, the golf course would produce revenue and eventually become self-sustaining. Mr. McCown added that soil tests were being conducted on the proposed site for the clubhouse. * * * * * * Daniel Herbold, 4520 South Lipan, appeared before Coun- cil and discussed his concerns about the costs involved with the golf course and clubhouse. He noted the golf course ballot ques- tion contained no monetary limit and asked that, in the future, similar questions have some limit on how money would be spent. Mr. Herbold further discussed why he was against the golf course and clubhouse. Council Member Neal stated he thought it was improper to rehash this question, a question that was decided upon seven or eight years ago. Council Member Keena stated Council was incapable of doing anything about it because the vote was put to the people and they (Council) were carrying out the mandate of that favor- able vote to build a golf course and clubhouse. Mr. Herbold stated he had gone around to 12 households in his neighborhood all of which were against the project and wanted to spend the money otherwise. * * * * * * Ex-Mayor James Taylor, 3709 South Sherman, appeared be- fore the Council and defended the golf course and club house. Mr • • I • • • ( • April 6 . 1981 Page 5 .. • • - Taylor noted some of the financing for construction, beaut i fica- tion of the river, etc. came from federal grants. He stated the EPA would not allow construction of a clubhouse on volatile ground. Mr. Taylor argued a "privilege few" also go to school or use the public library, but the facilities are there for them to use. He stated Englewood was making progress and growing, and encouraged Council not to listen to self-interested people. Mr. Taylor discussed the water tower case and asked if there was anyway to expedite a decision. Hr. Taylor stated summer was approaching and citizens would need the water pressure. He stated a water tower was "Americana" and did not devalue property. He asked if the graffiti on the tower could be erased. Mr. Taylor requested that the question of whether or not the citizens want to build a community center be placed on the ballot this November. Hr. Taylor complimented Council for their work and stated the majority of the citizens were behind them. were : * * * * * * There were no other visitors at this time. * * * * * * "Communications -No Action Recommended" on the agenda (a) (b) (c) (d) (e) (f) Minutes of the Board of Career Service Com- missioners meetings of January 15, and Febru-ary 19. 1981. Minutes of the Englewood Housing Authority meeting of February 25, 1981. Minutes of the Planning and Zoning Commission meeting of March 3 , 1981. Minutes of the Public Library Board meeting of March 10, 1981. Minutes of the Parks and Recreation Commission meeting of March 12, 1981. Minutes of the Englewood Downtown Development Authority meeting of March 25, 1981 • • I • • • • April 6, 19 8 1 Page 6 (g) (h) {i) • • • Memorandum from the Director of Employee Re- lations to the City Manager concerning his attendance at the 1981 NPELRA Conference. Memorandum from the Director of Public Works concerning the Annual City Clean-up for May, 1981. Municipal Court Activity Report for the month of February, 1981. COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" AGENDA ITEMS SA -51. 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. * * * * * * Assistant City Manager Richard Wanush presented the minutes of the Water and Sewer Board meeting of March 10, 1981, containing therein a recommendation concerning Southgate Sanita-tion District Supplements 89, 90 and 91. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE SOUTHGATE SANITATION DISTRICT SUPPLEMENTS 89, 90, AND 91. 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 Richard Wanush presented the minutes of the Water and Sewer Board meeting of March 10, 1981, containing therein a recommendation concerning Supplement 3 Country Homes Sanitation District No. 1 • • I • • ( • April 6 , 1981 Page 7 • - COUNCIL MEMBER BILO K>VED TO APPROVE SUPPLEMENT 3 COUNTRY HOMES SANITATION DISTRICT NO. 1. 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 next two agenda items. One was initiated from the Planning and Zoning Commission concern- ing the commission's disapproval of rezoning request from applicant ·, George B. Adams, and reciting the protocol if the applicant makes an appeal to City Council. The second Council Communication con- cerned Mr. Adams's appeal to Council for a public hearing to hear his rezoning request. COUNCIL MEMBER BILO K>VED TO RECEIVE AGENDA ITEM 6B 1, COUNCIL COMMUNICATION FROM THE PLANNING AND ZONING COMMISSION MEETING OF MARCH 17, 1981, CONCERNING ACTION ON THE REZONING RE- QUEST OF MR. GEORGE B. ADAMS FOR 1900 WEST UNION AVENUE, CASE NO. 2-81. 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. COUNCIL MEMBER BILO MOVED TO RECEIVE THE APPEAL FROM THE PLANNING COMMISSION DECISION ON REZONING REQUEST -CASE NO. 2-81, AND TO SET A PUBLIC HEARING ON APRIL 27, 1981, AT 7:00P.M. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Member Fitzpatrick, Keena, Bilo, Otis. Nays : Council Members Higday, Neal, Bradshaw. The Mayor declared the motion carried. * * * * * * • I • • I April 6, 1981 Page 8 • - City Manager McCown presented a Council Commun ication concerning the 1980 General Fund Budget with a resolut ion to make the recommended appropriations. Mr. McCown stated the recommenda- tions were a result of the completion of the 1980 year end audit. RESOLUTION NO. 16 SERIES OF 1981 A RESOLUTION AMENDING THE 1980 GENERAL FUND BUDGET. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 16, 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. * * * * * * City Manager McCown presented a Council Communication from the Director of Engineering Services concerning the Engle- wood Golf Course Clubhouse and recommendation for approval to design. Mr. McCown provided the historical sequence of events in the decision of the golf course. He presented the blue prints for design alternatives 11 and 12. Mr. McCown noted both designs deal with the presence of methane gas if the soil tests prove to be positive. Mr. McCown stated the financing alternatives were: 1) pay-as-you-go; 2) sales tax revenue bonds (available this sum- mer pending legislation); and 3) lease/purchase plan. COUNCIL MEMBER NEAL MOVED TO APPROVE TO DESIGN AND RE- CEIVE BIDS ON THE ENGLEWOOD GOLF COURSE CLUBHOUSE FOR SCHEMATIC DESIGN 11 AND TO DIRECT THE CITY ATTORNEY TO PREPARE WHATEVER DOCUMENTS ARE NEEDED TO ACCOMPLISH THE TRANSFER OF $421,000 FROM THE OPERATING BUDGET TO THE PUBLIC IMPROVEMENT FUND AND TO LEAVE OPEN EXACTLY HOW COUNCIL WOULD FINANCE THE CLUBHOUSE. Council Member Fitzpatrick seconded the motion. Council Members Keena, Higday and Bilo spoke in support of the aforementioned recommendation on the clubhouse as the only way for the golf course to become self-supporting. Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • • I ( • Apr il 6, 1981 Page 9 Nays : None. • • - The Mayor declared the motion carried. * * * * * * Mayor Otis declared a recess at 9 :05 p.m. Council re- convened at 9:25 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena •, Bilo, Bradshaw, Otis. Absent: None. The ~~yor declared a quorum present. ORDINANCE NO. 34 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE AMENDING TITLE XI, CHAPTER I, SECTION 2(b), AU- THORIZING THE POLICE CHIEF TO ISSUE CONCEALED WEAPON PERMITS TO OTHER CITY PERSONNEL. COUNCIL MEMBER NEAL K>VED TO PASS COUNCIL BILL NO. 28 •, SERIES OF 1981, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick•, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 35 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD !, COLORADO, AND URBAN DRAINAGE AND FLOOD CONTROL DISTRICT WHEREBY • I • • • 0 • April 6, 1981 Page 10 • • THE ECONOMI C FE ASIBILITY ANALYSIS OF DESIGN ALTE RNATIVES, 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 FINAL READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal , Fitzpatrick , Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Council Member Higday discussed the water tower case and asked for Council's support to press for a decision from the district court no later than April 15th. ORDINANCE NO. SERIES OF 1981 __ _ * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE AMENDING SECTION 1, CHAPTER 1, TITLE VIII, OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED, PROVIDING FOR NINE CITIZEN-AT-LARGE MEMBERS OF PUBLIC LIBRARY BOARD. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 38 •, SERIES OF 1981, ON FIRST READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • • April 6, 19 81 Page 11 ORDINANCE NO. SERIES OF 1981 BY AUTHORITY A BILL roR • • • COUNCIL BILL NO. 37 INTRODUCED BY OOUNCIL MEMBER FITZPATRICK AN ORDINANCE PURSUANT TO TITLE VI, CHAPTER 7 , OF THE ENGLEWOOD MUNICIPAL CODE, ASSESSING AGAINST CERTAIN REALTY AND THE OWNERS THEREOF THE COST OF REK>VAL OF WEEDS THEREFROM BY '111E CITY OF ENGLEWOOD PLUS AN ADMINISTRATIVE CHARGE AND PENALTY. Assistant City Attorney Thomas Holland appeared before Council for the purpose of answering questions relating to this council bill. Hr. Rolland affirmed the bill provided for the correct procedure in assessing property owners for the cost to remove weeds and provided for a tax lien against property if the assessment was ignored. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 37, SERIES OF 1981, ON FIRST READING; AND TO SET A PUBLIC HEARING roR APRIL 27, 1981, AT 8:00P.M.; AND TO HAKE THE roL- LOWING CORRECTIONS ON THE ASSESSMENT LIST : 1) PAGE 2, TO CORRECT THE SPELLING OF "CHERHAN STREET" TO "SHERMAN STREET" (JULIA JANUIS); 2) PAGE 3, TO DELETE "PAID CONTRACTORS IN 1978 FOR BILLINGS 1979 - SEE roRM A"; 3) TO CORRECT THE SPELLING OF "ROW BRINKOFF" TO "ROY BRINKOFF"; 4) TO CORRECT THE SPELLING OF "JOHNNY J & DJ BLEIN" TO "JOHNNY J & DJ BELIN". Council Member Bilo seconded the motion. Council Member Neal noted that anyone protesting the assessment because they were not the property owner at the time the weeds were removed should provide proof of transfer of owner- ship at the public hearing. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick', Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY OOUNCIL MEMBER KEENA I • • D • April 6, 1981 Page 12 • • A BILL FOR AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT PROVIDING FOR SHARED COST OF REPLACEMENT OF THE SOUTH PLATTE RIVER DRIVE BRIDGE OVER LITTLE DRY CREEK . COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 3 9 ', SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 40 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE WITHIN PAVING DISTRICT NO. 27, IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY. COUNCIL MEMBER NEAL K>VED TO PASS COUNCIL BILL NO. 40, SERIES OF 1981, ON FIRST READING; AND TO SET A PUBLIC HEARING ON MAY 18, 1981, AT 7 :30 P.M. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Higday, Neal, Keena, Bilo, Bradshaw, Otis. None. Council Member Fitzpatrick. The Mayor declared the motion carried. * * * * * * I . • "" ( • • April 6, 1981 r Page 13 • RESOLUTION NO. 17 SERIES OF 1981 A RESOLUTION AUTHORIZING THE NOTIFICATION OF PROPERTY OWENRS OF ASSESSMENTS WITHIN PAVING DISTRICT NO. 27 AND ESTABLISHING A DATE FOR A PUBLIC HEARING ON SAID ASSESSMENTS. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 17, SERIES OF 1981; AND TO SET A PUBLIC HEARING ON MAY 14, 1981, AT 7 :00 P.M. Council Member Bilo seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Nays: Abstain: Council Members Higday, Neal, Keena, Bilo, Bradshaw, Otis. None. Council Member Fitzpatrick. The Mayor declared the motion carried. RESOLUTION NO. SERIES OF 1981 * * * * * * A RESOLUTION REAFFIRMING APPOINTMENTS TO THE PUBLIC LIBRARY BOARD. Council discussed the appropriateness of making the appointments at this time. COUNCIL MEMBER BILO MOVED TO TABLE THE RESOLUTION. Coun- cil Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick', Keena , Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt presented proposed amendments to the massage parlor ordinance. Discussion ensued. Council Member Bradshaw expressed concern that the language may be too specific and provided loop- holes; the legality of requiring so many hours as a masseuse to qualify as an applicant ; and proposed ~ncreasing certain fees • I • • • April 6, 1981 Page 14 • - Council Member Neal spoke concerning 9-7-18 and pro- posed strengthening the language. Mr. Neal referred to the in- cident with the Dart Board. Mr. DeWitt stated the ordinance contained a provision that if part(s) of the ordinance were found invali~ those part(s) did not nullify the whole ordinance. Mr. DeWitt was instructed to prepare the massage par- lor ordinance for the next Council meeting. * * * * * * City Attorney DeWitt discussed the status of the liti- gation cases involving Korean Massage Parlor and BIT Oriental Massage Parlor. Mr. DeWitt stated in both cases the owner/op- erators have agreed to cease operation and never to operate a massage parlor in the City of Englewood again. COUNCIL MEMBER KEENA MOVED TO APPROVE THE STIPULATION FOR DISMISSAL FOR KOREAN MASSAGE PARLOR AND BIT ORIENTAL MASSAGE PARLOR. 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 presented a Council Communication from the Director of Public Works and a Memorandum from the Police Chief concerning a petition that was submitted for a traffic light at Stanford and Logan. Mr. McCown stated the results of the study indicate that a signal at this location was not warranted. COUNCIL MEMBER BRADSHAW MOVED TO DENY THE REQUEST TO PLACE A TRAFFIC LIGHT AT STANFORD AND LOGAN. 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 • • • April 6, 1981 Page 15 • • - Council instructed Hr. McCown to send a copy of the report to Jerry French, 4573 South Logan, who had requested the traffic signal. * * * * * * Council set a study session to review the Municipal Court study report for April 23, 1981, at 5 :00 p.m. * * * * * * Council Member Neal requested time at the study session on April 20, 1981, to discuss the Community Arts Symphony and Aid to Other Agencies. Council Member Keena requested that a comparison schedule be available of what money has been spent for what agency over the last few years. * * * * * * Council Member Neal requested that the topic of Chris Thompson's (d/b/a Englewood) letter concerning non-conforming signs be placed on a study session agenda. * * * * * * City Attorney DeWitt requested time with Council to discuss the Little Dry Creek proposals in a study session follow-ing this meeting. * * * * * * There was no further business discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at 10 :25 p.m. ()€puty City Gerk • I • • - P R 0 C L A M A T I 0 N ------------ WHEREAS , cr ime continues to be a critical soc~al problem in the United States; and WHEREAS, at least one in five Americans ha s become a victim of c rime each year; and WHEREAS, crime vic tims and witnesses are t oo often o verlooked by o ur system of j ustice in its efforts to apprehend, prosecute, and fairly sanction criminal offenders; and WHEREAS, the serious nature of crime i s most clearly demonstrated in its devastating impact on the victim; and WHEREAS, the fair administration of j ustice mandates that the citizens of the United States, and most particularly its p ublic serv ants , recognize and honor the rights of victims, witnesses , and their dependents and /or survivors. NOW, THEREFORE, I, EUGE NE L. OTIS , Mayor of the City of Englewood , Colorado, hereby proclaim the week of April 20 -26, 1981 as VICTIM RIGHTS WEEK and urge a ll citizens and institutions, public and pr ivate, to support the establishment and enforcement of victim rights in En glewood through p articipation in local and state activities commemorati ng those rights . GIVEN under my hand and seal this 20th day of Ap ril, 1981. L. Otis, Mayor ) I • - P R 0 C L A M A T I 0 N ------------ WHEREAS, crime continues to be a crit~cal soc ial problem in th United States; and WHEREA S , at least one in five Americans ha s become a victim o f crime each year; and WHEREA S , crime victims and witnesses are too often overlooked by our system of justice in its efforts to apprehend, p rosecute , and fai rly sanction c riminal offenders ; and WHE REAS, the serious nature of crime is mo s t clearly demonstrated in its devastating impact on the victim; and WHEREA S , the fair administration of justice mandates that the ci tizens of the United States , and most particularly its public servants, recognize and honor the rights of victims , witnesses, and their dependents and/or survivors . NOW, TaEREFORE, I, EUGENE L . OTIS , Mayor of the City of Englewood , Co lorado , hereby proclaim the week of April 20 -26 , 1981 as VIC'riM RIGHTS WEEK and urge a ll citizens and institutions, p ublic and private, to support the establishment and enfor cement of victim rights in Englewood through participation in local and state activities commemorating those rights . GIVEN under my hand and seal this 20th day of April , 1981 . Eugene L . Otis , May o r ) I • • • BOARD OF ADJUSTMENT AND APPEALS CITY OF ENGLEWOOD , COLORADO MARCH 11, 1981 MINUTES s 4 _; ( The regular meeting of the Board of Adjustment and Appeals was called to order at 7:35p.m. by Chairman Chester Hallagin. • MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: GARY L. MANDARICH Kreiling, Seymour, Gage, Brown, Dawson, Leonard, Hallagin None Pittman, Chief Building Inspector Powers, Director of Community Development Conley, Recording Secretary • • • * * * 3834-38-44-48 SOUTH INCA CASE 3-81 REQUEST: The applicant is requesting a variance from the required (a) lot area of 6,000 sq. ft. to 3,125 sq. ft., (b) lot frontage of 50 ft . to 25ft., (c) total sideyard setback of 10ft. to 5 ft., (d) the minimum sideyard of 3ft. to zero (0) ft., (e) the minimum • I • • • .. -2- sideyard of 3ft. ~o zero (0) ft., (garages), (f) t h e r equ ired rear yard setback of 25 ft. to 6 ft. for through lo~s (garages) for t h e purpose of constructing fo ur (4) single-famil y attached dw ellin g units with garages. Thi s is a variance of the Comp r ehen sive Zoning Ordinance Sec tion 22.4-9 c. -Minimum Lot Area , Section 22.4-9 f. - Minimum Frontage of Lot , Section 22.4-9 i. (1) -Minimum S i d e Yard , Section 22.4-9 1. (1)(d) - Acce ssory Buildings and Sectio n 22 .5-9 e. -Through Lots. Chairman Hallagin verified that proper posting and legal a d vertisin g of this case had been given. The staff report was r ead and submitted to record . Gary L. Mandarich , 10885 East Maplewood Place , Englewood, was sworn in for testimony. Mr. Mandarich informed the Board that the un its will be sold individually and that provisions have been made to construct a party wall separating the two (2) unit s. Each un it will have a fireplace, two (2) bedrooms and separate utilities . The lot coverage for each unit will be approximately twenty (20) percent . The garages will face off Huron Street and will be in line with several of the other garages in the block. Mr . Mandarich submitted two (2) letters of approval to the Board. He stated he has spoken with both neighbors and each has concurred with the proposal. Mr. Mandarich noted the project is slightly different than the one previously granted to Mr. Vocate . The number of units will be less , and there will be no need for a sewer easement, as all units will face on Inca Street. Be noted his intention to retain one of the units. Gary Pittman, Chief Building Inspector, informed the Board that due to an administrative change regarding through lots for rear yard setback requirements, section (f) may be deleted . He explained that for through lots, an accessory structure would have had to sit back • 25 ft . from the rear property line. Huron Street was originally an alley and several garages were built accordingly. When Huron Street was developed, other garages were permitted to setback six (6) ft. from the rear property line. He again noted that section (f) could be deleted . There was no one present who wished to speak in favor of or in oppo- sition of the variance . Chairman Hallagin closed the Public Hearing . BOARD MEMBER SEYMOUR MOTIONED THAT IN CASE NO. 3-81, GARY L. MANDARICH, 3834-38-44-48 SOUTH INCA STREET BE GRANTED A VARIANCE FROM THE REQUIRED (a) LOT AREA OF 6,000 SQ. FT. TO 3,125 SQ. FT., (b) LOT FRONTAGE • I • • ( • • .. OF 50 FT. TO 25FT., (c) TOTAL SIDEYARD SETBACK OF 10FT. TO 5 FT., (d) THE MINIMUM SIDEYARD OF 3FT. TO ZERO (0) FT., (e) THE MINIMUM SiuEYARD OF 3FT. TO ZERO (0) FT., (GARAGES) FOR THE PURPOSE OF CONSTRUCTING FOUR (4) SINGLE-FAMILY ATTACHED DWELLING UNITS. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE SECTION 22.4-9 c. -MINIMUM LOT AREA, SECTION 22.4-9 f. MINIMUM FRONTAGE OF LOT, SECTION 22.4-9 i. (1) -MINIMUM SIDE YARD AND SECTION 22.4-9 1. (1)(d) -ACCESSORY BUILDINGS. Board Member Gage seconded the motion. All members cast their votes. The vote resulted as follows: AYES: Kreiling, Seymour, Gage, Brown, Dawson, Leonard, Hallagin NAYS: None Chairman Hallagin stated that with seven (7) affirmative votes the variance was GRANTED. FINDINGS OF FACT -3- Mr . Kreiling noted this is the south 100 ft. of a previously approved variance and with the utility easements corrected, there is not the objection that might arise subsequently in time with the crossing of sewer lines over the next property. Mr. Seymour stated there was no opposition from the neighbors. The variance will be good for the area and the city. It will provide housing for younger families. Mr . Gage indicated there were two (2) letters of approval from the n e ighbors . There was no opposition from other neighbors in the are a . This will be a favorable addition to the area. Mr. Brown noted all six (6) conditions for granting a variance had been met . There is a definite need for a project like this, to pro- vide homes for the younger families, Mrs. Dawson stated the price is affordable for the young families. It will improve the neighborhood and utilize the now vacant ground. • I • • • -4 - Mr. Leonard noted similar variances The six (6) conditions for granting letters of approval were submitted. imp rovement to the area. • - have been approved in the area. a variance were met. Two (2) The variance will b e an Mr. Hallagin stated there is a need for additional housing in the city . These will be affordable for young families and will b e an improvement to the area. • • • • • • DOUGLAS K. TAYLOR 2233-35-45-47-53-55 WEST VASSAR CASE 4-81 REQUEST: The applicant is requesting a variance from the total side- yard setback of 14 ft. to 10 ft. and from the required minimum side- yard setback of 5 ft. to (a) 3 ft. on one side for 2253-55 West Vassar Avenue, (b) 4 ft. onme side for 2245-47 West Vassar Avenue for the purpose of constructing three (3) duplexes. This is a variance of the Comprehensive Zoning Ordinance Section 22.4-7 j. (2) Minimum Side Yard. Chairman Hallagin verified that proper posting and legal advertising of this case had been given. The staff report was read and submitted to record. Douglas K. Taylor, 21333 Colonist Way, Morrison, was sworn in for testimony. Mr. Taylor noted that the structures will have approxi- mately the same setbacks as thosein the area. Each unit will be approximately 916 sq. ft., with two (2) bedrooms and a fireplace. Mr. Taylor submit.ted two (2) letters of approval from the adjoining property owners. The building will be of a ranch style which will allow solar retro-fit. The desiKn will also allow the rear units to be located on Hillside Avenue and have exposure to the park and the winter sun. Mr . Taylor stated because of the seven (7) foot sewer easement required by the city, the buildingshad to be moved closer together. The adjoining structures would have offset windows to provide the utmost privacy for each structure. • I • • ( • • • -5 - Do u gl a s Golding, 9670 West 25th Place, Lakewood, was sworn in for te stimony. Mr . Golding stated be was the contractor on the proj ec t . He stated the exterior would be of 4' .x 9' masonite material, the f ront facade will have br i ck veneer across the garages and the south s ide of the buildings. Th e re was no one present who wished to speak in opposition to the variance . Chairman Hallagin closed the Public Hearing. BOARD MEMBER LEONARD MOTIONED THAT IN CASE NO. 4-81, DOUGLAS K. TAYLOR, 2233-35-45-47-53-55 WEST VASSAR AVENUE BE GRANTED A VARIANCE FROM THE TOTAL SIDEYARD SETBACK OF 14 FT. TO 10 FT. AND FROM THE REQUIRED MINI- MUM S IDEYARD SETBACK OF 5 FT. TO (a) 3 FT. ON ONE SIDE FOR 2253-55 WEST VASSAR AVENUE, (b) 4 FT. ON ONE SI DE FOR 2245-47 WEST VASSAR AVENUE FOR THE PURPOSE OF CON- STRUCTING THREE (3) DUPLEXES. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE SECTION 22.4-7 j. (2) -MINIMUM SIDE YARD. Board Member Brown seconded the motion. All members cast their votes. The vote resulted as follows: AYES: Kreiling, Seymour, Gage, Brown, Dawson, Leonard, Hallagin NAYS: None Ch a irman Hallagin stated that with seven (7) affirmative votes the variance was GRANTED. F INDINGS OF FACT Mr. Kr e ilin gnoted this variance, in part, is due to the utility e asement requested by the City of Englewood. The applicant has discussed the development with the Fire Department with no apparent d i sapproval . Mr. Seymour noted there was no opposition from the neighbors. This is a we ll thought out plan for the use of the property . Mr . Gag e stated there is a need for new construction in this area. Ne w homes will be much better for the area versus a vacant lot • • I • • • • • - -6- Mr . Brown indicated this will provide opportuniti es for young families to purchase new homes. This will al s o up g rade the a r ea . Mrs. Dawson mentioned that two (2) letters of approval had bee n s ub- mitted . The plan has been well thought out and is aimed at the hom e - owner vers us the contractor/developer making financial gains. Mr. Leonard noted other variances have been granted in this area . The six (6) conditions for granting a variance have been met. The r e was no opposition from the neighbors and he submitted two (2) letters of approval. The development will conform with the existing houses. Mr. Hallagin mentioned also that there have been similar variances granted in this area. The additional housing wi ll provide young people with affordable homes. * * * * * * RICHARD C. HANKISON 1015 WEST STANFORD PLACE CASE 5-81 REQUEST: The applicant is requesting a variance from the required total sideyard setback of 18 ft. to 9 ft. 3 inches and from the re- quired minimum sideyard setback of 7 ft. to 1 ft. for the purpos e of constructing an attached garage. This is a variance of the Compre- hensive Zoning Ordinance Section 22.4-2 i. (2)(a) -Minimum Side Yard . Chairman Hallagin verified that proper pos'ting and legal advertising of this case had been given. The staff report was read and submitted to record. Richard C. Hankison, 1015 West Stanford Place, was sworn in for testi- mony . Mr . Hankison indicated that the backyard is very small and the only feasible place to locate a garage is to build an attached garage on the west side of the property. There were favorable letters from the neighbors attached with the application. He mentioned that the new construction will match the existing house. The garage can not be made smaller as an existing fireplace is located on the west wall of the dwelling. A smaller garage would make maneuvering into and out of the garage very difficult •. Mr. Pittman informed the Board the applicant would be required to have a one-hour fire-resistive wal~ on the west side. With a brick garage the west wall would have to have 5/8" sheetrock to conform to the one-hour requirement. • ) I • • n ( • • • .. -7- Wil liamNe lson, 1974 South Zuni, Denver, was sworn in tor testimony. Mr. Ne lson commented that thQugh t~e garage is 23 tt. wide, they wo u l d b e losing two (_2) t ee t t or the tireplace and five (5) to six (6) i n c hes for the wall, w~ch l e ave s approximately 20 ft. for the in sid e dimension. Th e r e was no one present who wished to speak in opposition of the variance. Chairman Hallagin closed the Public Hearing. HOARD MEMBER KREILING MOTIONED THAT IN CASE NO. 5-81, RICHARD C. HANKISON, 1015 WEST STANFORD PLACE, BE GRANTED A VARIANCE FROM THE REQUIRED TOTAL SIDEYARD SETBACK OF 18 FT. TO 9 FT. 3 INCHES AND FROM THE REQUIRED MINIMUM SIDEYARD SETBACK OF 7 FT. TO 1 FT. FOR THE PURPOSE OF CONSTRUCTING AN ATTACHED GARAGE. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE SECTION 22.4-2 i. (2)(a) -MINIMUM SIDEYARD. Board Member Dawson seconded the motion. All members cast their votes. The vote resulted as follows: AYES: Kreiling, Seymour, Gage, Brown, Dawson, Leonard, Hallagin NAYS: None Chairman Hallagin stated that with seven (7) affirmative votes the variance was GRANTED. FINDINGS OF FACT Mr . Kr e ilin g stated the six (6) conditions as given by the applicant d o meet the requirements for granting a variance. Mr . Seymour noted there is a hardship without a garage. The backyard does not allow a detached structure that would conform to the code. Mr . Gage indicated that six (6) letters of approval were submitted. The fireplace on the west side of the property does create a hardship. Mr . Brown felt that this is a hardship case and the garage will add to the structure and the neighborhood. Mrs. Dawson indicated the applicant does· need to provide parking for his two (2) vehicles and a larger garage is necessary to compensate for the fireplace . • I • • • • • - -8- Mr . Leonard stated all six (6) conditions have been met for granti n g a variance. The new garage will match the existing house . The r e was no opposition to the variance. Mr. Hallagin noted he concurred with the reasons that had previously b een given. • • • • • • Chairman Hallagin declared a recess at 8:40 p.m. The Board reconvened at 8:46 p .m. Chairman Hallagin asked for a roll call. Upon a call of the roll, the following were present. Board Members Kreiling, Seymour, Gage, Brown, Dawson Leonard, Hallagin ABSENT: None • • • • • • WILLIAM R. REDDICK, JR. 3200 SOUTH LINCOLN STREET CASE 6-81 REQUEST: The applicant is requesting to waive the handicapped access requirements of the Building Code. The applicant is appealing the Building Code requirements for (a) handicapped access by means of a ramp or lift to the front entry, (b) handicapped access to the bath- room area . This is a variance of the 1979 Uniform Building Code, Section 3306. -Ramps and Section 1711 b. -Water Closet Compartments . The staff report was read and submitted to record. Russ Reddick, 3200 South Lincoln Street was sworn in for testimony. Mr. Reddick noted the staff report covered most of the information that he was presenting tonight. He stated he owns an architectural firm with approximately five (5) employees. The type of business conducted by the firm does not involve walk inclientele. A Building Code inspection was made on the building and provisions have been made to bring the building up to code with the exception of the handicapped access and bathroom facilities. Mr. Reddick quoted the letter he received from Gary Pittman, Chief Building Inspector, regarding the Building Code requirements. He indicated that an 84 ft. ramp in the front yard would change the character of the building and the neigh- borhood. The cost of the ramp would be approximately ten (10) percent of the value of the property and that cost is not feasible . • I • • • • ( • - -9- Mr. Reddick stated his intention to retain the character of the existing building as much as possible. He indicated that the only major change would be in the front porch. He noted that his clientele was by appointment and there would be no walk-in traffic to the building. The clientele, by appointment, does not warrant the expense of the handicap requirements. The majority of appointments are at the client's homes or offices. He stated the purchase closing is set for Monday, March 16 and again noted provisions have been made to have the building brought up to code. Board Member Kreiling mentioned he felt Mr. Reddick was here tonight because he needed the Board to bail him out, after he had already signed the contract. Gary Pittman noted that the Building Code inspection was done at the request of the seller. The buyer and seller were aware of the requirements prior to arranging the closing. There was no one present who wished to speak in favor of or in opposi- tion to the variance. Chairman Hallagin closed the Public Hearing. BOARD MEMBER BROWN MOTIONED THAT IN CASE NO. 6-81, WILLIAM R. REDDICK , JR, 3200 SOUTH LINCOLN STREET, BE GRANTED A VARIANCE TO WAIVE THE HANDICAPPED ACCESS REQUIREMENTS OF THE BUILDING CODE. THE APPLICANT IS APPEALING THE BUILDING CODE REQUIREMENTS FOR (a) HANDICAPPED ACCESS BY MEANS OF A RAMP OR LIFT TO THE FRONT ENTRY, (b) HANDICAPPED ACCESS TO THE BATHROOM AREA. THIS IS A VARIANCE OF THE 1979 UNIFORM BUILDING CODE SECTION 3306. -RAMPS AND SECTION 1711. b. - WATER CLOSET COMPARTMETNS. Board Member Gage seconded the motion . All members cast their votes. The vote resulted as follows : AYES : Gage, Brown , Dawson, Leonard, llallagin NAYS : Kreiling , Seymour Chai rman Hallagin stated that with five (5) affirmative votes and two (2) opposing votes the variance is GRANTED. • • I • • • • .. -10- FINDINGS OF FACT Mr . Kreiling pointed out this is a B-~ zoned district and that no permit was taken out for the conversion by the previous owner. He felt a business in this area should be required to meet the Building Code requirements. • Mr. Seymour questioned the hardship involved. He indicated that being in business, Mr. Reddick should be required to meet the code for handicapped access. Mr. Gage noted the hardship involved with building the ramp especially since the business will not have any walk-inclientel e-There we re no objections from the neighbors. Mr. Brown stated the building, as it stands, creates a hardship in trying to meet the handicap requirements. All other Building Code requirements will be met. The firm has few, if any handicap clients. Providing the ramp will only alter the character of the building and the neighborhood. Mrs. Dawson indicated the building will be brought up to code and with no walk-in clientele the need for the ramp is minimal. Mr ... Leonard stated there was no opposition to the variance. With no walk-in traffic there is no need to alter the character of the neighborhood with the ramp. Mr. Hallagin noted the ramp will detract from the origin a l character of the building and the neighborhood. There is no need to change the character of the neighborhood and with no walk-in clients it should not be necessary to do. * * * * * * CLARA B. JORGENSEN 3945 SOUTH FOX STREET CASE 7-81 REQUEST: The applicant is requesting a variance from the required lot width of 50 ft. to 15 ft. on the proposed parcel with the existing dwelling. If approved this will create a new building site on the remainder of the original parcel. This is a variance of the Compre- hensive Zoning Ordinance Section 22.4-4 f. (2)(a) -Minimum Frontage of Lot. Chairman Hallagin verified that proper posting and legal advertising of this case had been given. The staff report was read and submitted to record • • I • • ( I ~ • - -11- Cl ara B. Jorgensen, 3945 South Fox Street, was sworn i n for test i mon y. Usin g photographs o f the property, Mrs. Jorgensen noted the ex i sting par cel wa s not in conformanc e with the other single-f amily dw e llings. The parc el was much larger and the dwe l ling is set back off the s tre et. She indicat e d her intent i on to divide the parcel and provide a n e w bu i lding site on the front portion of the parcel. The approxi- mat e d i mensions of the site are 80' x 100'. This division would not disturb the present vegetation and would act as a privacy fence b e tween t he two (2) parcels. The 15 ft. frontage would provide~ a permanent dr i veway to the rear property. The proposed structure would be provided with solar panels and i t is Mrs. Jorge nsen's intention to live in the solar home. The existing lot is approximately one (1) acre in area and is very difficult to maintain. At present the front port i on is continually being used as a dump site for young people who deposit their beer cans and trash in t he yard . Chairman Hallagin asked if there was anyone present who wished to speak in favor of the variance. Amber Jorgensen, 929 West Sycamore, was sworn in for testimony. Ms . Jorgensen noted also the extra large area of the lot. The main- tenance of the lot is more than her parents can handle. Both units will be secluded by the tree s that are presently on the parcel. There was no one present who wished to speak in opposition of toe v ariance . Chairman Hallagin closed the Public Hearing. BOARD MEMBER DAWSON MOTIONED THAT IN CASE NO. 7-81, CLARA B. JORGENSEN, 3945 SOUTH FOX STREET, BE GRANTED A VARIANCE FROM THE REQUIRED LOT WIDTH OF 50 FT. TO 15 FT. ON THE PROPOSED PARCEL WITH THE EXISTING DWELLING. IF APPROVED THIS WILL CREATE A NEW BUILDING SITE ON THE RE MAINDER OF THE ORIGINAL PARCEL. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE SECTION 22.4-4 f. (2)(a) -MINIMUM FRONTAG E OF LOT. Bo ard Member Seymour seconded the motion. All me mb e rs cast their votes. The vote resulted as follows: AYES: NAYS: Seymour, Gage, Brown, Dawson, Leonard Hallagin None ABSTAIN: Kreiling • • I • • • • .. -12 - Chairman Hallagin stated that with six (6) affirmative vote s and o n e (1) abstention the variance was GRANTED. FINDI NGS OF FACT Mr. Kreiling noted any varian ce that is brought before the Board should be in an understandable form and part of a r ecord. This variance cannot be part of any record. He mentioned he disagreed wholly with this variance. Mr. Seymour indicated there was no opposition from the neighbors . The d i vision will provide Englewood with an additional building site. Mr. Gage noted also there was no opposition to the variance. Th e new site will furnish a home for a young family. Mr. Brown mentioned that this is a unique piece of property. The property will provide two (2) building sites and will improve the neighborhood. At present the lot could become an eye sore to the neighborhood. Mrs. Dawson noted the vegetation will remain and the property is mu c h to Olarge for one family to maintain. There was no opposition from the neighbors. Mr. Leonard indicated it generally meets the requirements for granting a variance. The neighborhood will be upgraded with a new solar home. The existing building is located at the rear of the property and the new home will not affect the existing dwelling nor the neighborhood. Mr. Hallagin stated be concurred with the reasons that had previousl y been given. • • • • • • BOARD MEMBER SEYMOUR MOTIONED THAT THE MINUTES OF THE FEBRUARY 11, 1981 REGULAR MEETING OF THE BOARD OF ADJUST- MENT AND APPEALS STMfD APPROVED AS WRITTEN. Board Member Gage seconded the motion. Upon a call of the roll, all members voted in the affirmative. The minutes stand APPROVED as written. • • • • • • • I • • 0 ( • • -13- Susan Powers, Director of Community Development, presented the Adult Entertainment Ordinance to the Board. She noted that the Board needs to be aware of the changes in the Comprehensive Zoning Ordinance, as tney may have to deal with a variance in this area. This is a tempo- rary ordinance and is in effect for six (6) months. Both the Planning Commission and City Council have approved the ordinance. Several contacts had been made with the City staff regarding addi- tional adult bookstores and massage parlors. Staff was of the con- tention t~at if the problem was not addressed now by passing an ordi- nance to deal with it, the City may have an area like East Colfax along South Broadway. The problem may not be that serious, but the City does not want to encourage these establishments. The City Attorney's office bas researched other cities for their approach to the problem. There are two main approaches; one, to create a war zone, where a few blocks in one neighborhood are designated and these establishments would be allowed in this area only: two, to disperse the uses so they are not congregated nor are they located in inappropriate areas. For example, they would be inapproporaite next to residential uses, parks and public facilities. This is the approach the City has taken. Legally the City can not eliminate the operation of a business throughout the City limits •. Colorado Springs is presently in court with a similar ordinance and Englewood's ordinance may be affected by that decision. The ordinance restricts the location of any uses defined as adult entertainment (adult bookstores, motels, massage parlors, model studios, etc). These uses cannot be within 1000 ft. of a similar use or within 1000 ft. of any public building, park or residential property. A non-conforming use section is part of the ordinance. The ordinance declares any use that is non-conforming after adoption of this ordi- nance must be terminated within 180 days. This will not be in effect until a permanent ordinance is adopted. Ms. Powers again noted that this is a temporary ordinance and a few areas do need clarification before a permanent ordinance can be presented to the Planning and Zoning Co~ission and City Council. • • • • • • Mr. Pittman discussed the format for the findings-of-fact. With this format the Board will have to address the six (6) conditions for granting a variance and define their findings. ( Ms. Powers felt this format might help the Board list their infor- mation more concisely • • • I • • • • -14- • • BOARD MEMBER LEONARD MOTIONED THAT THE FINDINGS-OF- FACT IN CASE NO. 1-81 (63-80) BE APPROVED AS WRITTEN. Board Member Gage seconded the motion. All member cast their votes. The vote resulted as follows: AYES: Seymour, Gage, Brown, Dawson, Leonard, Hallagin NAYS: Kreiling Chairman Hallagin stated that with six (6) affirmative votes and one (1) opposing vote the findings-of-fact are APPROVED. * * * * * * There being no further business before the Board, Chairman Hallagin adjourned the March 11, 1981 regular meeting of the Board of Adjustment and Appeals at 10:21 p.m. • * * * * * • I • • ( • • .. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION MARCH 17, 1981 I. CALL TO ORDER. The regular meeting of the City Planning and Zo ning Commission was called to order at 7 :05 P. M. by Chairman Judith B. Pierson . Members present : Barbre, Tanguma, Senti , Pierson, McBrayer, Draper, Carson, Becker Powers, Ex-officio Members absent: No ne Also present : Assistant Director D. A. Romans Associa t e Planner Barbara Young II. APPROVAL OF MINUTES . Chairman Pierson stated that the Minutes of March 3, 1981, were to be considered for approval. Carson moved: Tanguma seconded : The Minutes of March 3, 1981 , be approved as written . AYES : Barbre, Tanguma , Senti, Pierson , McBrayer, Draper, Car son NAY S : None ABSTAIN: Becker ABSENT: None The motion carried . III . GEORGE B . ADAMS Lots 10 -11, Block 1 Centennial Industrial Park CASE #2-81 Mrs . Pierson stated that t his case is a rezonin g reque st for Lots 10 and 11, Block l, Centennial Industrial Park . Ta nguma moved: Carson seconded : The Public Hearing on Case #2-81 be opened . AYES : Carson, Becker , Bar bre, Tanguma, Senti, Pierson, McBrayer, Draper NAY S: None The motion carried. • I • • • - -2- Mrs. Barbara Young was sworn in, and testified that she is the Associate Planner in the Departmen t of Commu n ity Develop - ment. Mrs. Young stated rhat public notice of the Public Hearing was given in the Englewood Herald Sentinel on Fe b ruary 25, 1981, and presented a Certification of Posting to he Secretary for the record. Mrs. Young also presen ted a list of the property owners i n the immediate area who have s igned a statement indicating they d o not object to the rezoning re- quest filed by Mr. George B. Adams . Also pre sented by Mrs . Young was a letter from the contract purchaser of Lots 10 and 11, Block 1, Centennial Industrial Park, Mr. Anton Barcewski, indicating the development he propose s to construct on this site if the rezoning is approved. Mrs. Young testified that the rezoning request filed by Mr. Adams is to change the zone classification of Lots 10 and 11 , Block 1, Centennial Industrial Park Subdivision, from R-1-B , Single-family residence, to I-1, Light Industrial. These two lots are undeveloped, and are part of an area own ed by Mr . Adams which was annexed to the City of Englewood in 1960. At the time of annexation, the subject sit e was zoned R-1-A , Single-family Residential, because of two residential units on the lots immediately to the east of the subject site . The remainder of the area annexed by Ordinance #24 of 1960 was zoned "M-1, Manufacturing", which designation was changed to I-1, Light Industrial, in 1963 . The single -family designation on the subject lot s was changed from R-1-A , Sing le-family Residence, to R-1-B , Single-family Residence in 1963, also . Mr . Adams sold the east portion of his property to the City of Englewood in 1969, and this property has been developed as the Centennial Park by the City. Mrs . Young testified that the zoning to the west of South Federal Boulevard is R-1-A, Single-family Residence; there is R-1-B, Single-family Residence zoning immediately to the south of West Union Avenue across the street from the subject site. To the south and east , the property along West Union Avenue is zoned R-2, Medium-Density Residence , and is now being developed as such. There is R-1-C, Single -famil y Residence zoning to the south of the R-2 development at Hest Union Avenue and South Decatur Street. Property im- mediately to the north of the subject site was rezoned to R-3 , High Density Residence, in 1971, and the remainder of the property to the north and west is zoned I-1, Light Industrial. There is commercial development immediately to the west of the subject site. Mrs. Young stated that the staff rec ommends that the rezoning request filed by Mr. Adams be denied for the following reasons : 1. The applicant has not demonstrated that the original z oning was in error. 2 . No significant changes have occurred in the area since the original zoning that would preclude development un- der the present zoning and render the subject property more suitable for industrial use . • • I • • • ( • • .. -3- 3. The character of the neighborhood to the sou h and imm ed iate east is low-dens ity residential, and the exten sion o f the industrial district would n ot be compatible wi h his de- velopmen t . 4. Other lo ts in Centennial Industria l Park are zoned for industrial use and are un developed. No proof has been presented indicating that th ere is a need to ex pand the industrial zoning onto the subject site . Mr s . Pi erson asked if there were any question s of Mrs. Young. Mr . Tan guma noted that there is land to the west of South Federal Boul evard which is in Denve r, and is zoned for resi- dential purposes . Mrs . Young state d that t his was c orrect . Mrs . Pierson asked if the applicant was present? Mr . H. E . Barrett was sworn in and testified that he represented Mr. Ge o rge B. Adams, property owner, and the Jim Barrett Realty company which is handling the subject property Mr. Adams has offered fo r sale. Mr . Barrett stated he felt that the flood of 1965 clearly indicated that this area should have been de- veloped other than residentially . He noted that there have been changes in the area, notably the increase of traffic on West Union Avenue and the installation of two traffic lights in this area. Mr. Barrett testified that he felt that the South Federal Boulevard /West Union Avenue corner lends itself to commercial development , and further testified that he un- derstood people across West Union Avenue to the south are c ontemplating requesting a business zoning because of the in- creased traffic. Mr. Barrett stated that the two lots to the north o f the subject site which are zoned R-3, High Density Residence, were purchased by a group that eventually went bankrupt , and that t his site is not desirable for high-r i se development. Mr . Barrett pointed out that the property presently zoned for R-3 had been zoned for industrial develop- ment at one t ime. Mr . Barrett testified that Mr. Anton Barcewski, who has Lots 10 and 11, Block 1, Centennial Industrial Park, under contract to purchase , is propos i ng c onstruction of an office/warehouse development on the ea s tern portion of the site. Mr . Barrett submitted two pictures he had taken of the site and surrounding developmen t . Mr . Barrett stated that when he contac t ed the individuals who have signed the petition in sup port of the rezoning request, most of them who were home signe d in f avor of the rezoning , and voiced no objections. Mr . McBrayer asked Mr. Barrett the reason for the rezonin~ r equest ? Mr. Barrett stated that the contract purchaser wants to bu i ld an office/warehouse on the site . This will be a con- struction materials warehouse, and . the buyers would come to this location to make their selections of the materials. Mr . McBrayer asked if Mr. Adams also owned the vacant sites • I • • • • - -4- on South Federal Boulevard which are zoned for industrial de - velopment . Mr. Barrett stated that Mr. Adams does own those sites; however, they are not des irable to the contract pur - chaser for his type of business . Mr. McBrayer asked if there would be a storage yard in connection with the office/warehouse operation ? Mr. Barrett stated that there would be stor age to the west of the office /warehouse de- velopment. Mr . McBrayer asked if the contract purchaser had developed his plans to the point where he had plans for the exter ior of th building? Mr. Barrett stated that the p lans a re not final at this point, and he would not want to represent any plan s as being exactly what is proposed to be constructed. Mr. Barrett stated that when the area was original ly zoned about 20 years ago, this land should have been included i n the I-1, Light Industrial Zone Distric t. Mr. McBrayer asked about the height restri ction in an I-1 Zone District? Mrs . Romans stated that the entire property can be covered with a structure one story in height; one-half of the site can be covered with a two-story structure, etc . Parking and loading must be provided by the developers, of course. Mr . Barrett stated that part of the building will be two stories, and would probably be of concrete block with a mansard t yp e roof . Mrs . Pierson asked if Mr. Barrett was familiar with the staff report. Mr . Barrett indicated that he is. Mrs. Pierson stated that the Planning Commission does have criteria to follow in considering requests for rezoning, one o f which is whether or not an error was made in the original z oning . She asked if Mr. Barrett is contending that an error was made in the zoning of this site? Mr. Barrett stated that he does contend an error was made in the zoning of the site . Mrs. Pierson stated that another point of the criteria to be considered by the Commission is whether there have been sig- nificant changes in the area to warrant a rezoning. She noted that the staff analysis points out that the only changes that have occurred would lessen the applicability of additional in- dustrial zoning; there is further resident i al development oc- curring in the area at the present time . Mr . Barrett pointed out the fact of t he Colorado Disposal development and the storage of their large trucks to the east of this area, as well as other industrial uses of considerable intensity. Mrs. Pierson stated that a third point that must be considered by the Commission is whether the property owner is denied the use of his property by the existing zone classification. Mr . Barrett stated that the p r oper ty could not be used for the purpose which the contract purchaser wants under the existing zoning . • I • • • • • -5- Mr. Draper asked if he h ad und rs oo d corre c ly hat the in- dustrially zoned prop erty on South Federal Boulevard wa s un- acceptabl because of the volum of traf ic? Mr . Barrett stat ed that the contract p urchaser did n ot want the prope r ty on South Federal Boulevard because of t he volume of traf fic . Mr . Draper pointed out that if the rezoning were to be approve d a nd the industrial development al lowed on the north side of West Union Avenue, thi s would impose indus tr i a l traffic on West Union Av enue right across from he res id ent ial deve lopmen t on the south side of West Union Avenue. Mrs. Pierson asked if there was any rea son the p rop er ty could not b e de v e lop ed under t he existin g zon i n g? Mr . Barret t stated t h at he did n ot believe that it would be de velope d . Mrs. Pi er son p ointe d o u t t hat t here a re five undev e l oped lots along So uth Federal Boul e v a r d ; s he asked wh y t h e applican t f el t there is a need and d e mand to enlarg e th e i ndu s t rial area . Mr . Barret t re i tera t ed t ha t Mr . Barcewski did n o t want any of the l ots along South Federal Boulevard ; he does h a ve a contract to purchase Lot s 10 and 11 , Block 1, Centenni a l Ind us t r ial Park a nd he f elt that if the zoning is approv e d, these lots wo u l d be developed . Mr s . Pie rs on a sked if anyone else i n the audience wanted to ask questions of Mr . Barrett , or to address the Commission ? Dr . Fred Schrader 291 1 Sou th Fran klin Street -asked what i s dire c tly to the east of the s i te proposed for r e z on ing at t he p resent time , and where the individuals lived who suppor ted the request . Dr . Schrader stated that he wante d "h a rd f i gure s"; what number of people along Union Avenue were i n suppor t of t h e rezoning request ? Mr . Ba r rett stated t hat i mm edi atel y to the east of Lots 10 and 11 a r e t wo h o us es tha t ar e owned b y Mr . George Adams ; t he Ce ntenn ial Par k is to the east and north o f this . Mr s. Pi er s on asked Dr . Sc hr a der if he had an i nterest in thi s matter befor e the Commi s sion . Dr . Schrader stated that he is neutral, but would tend t o regard this r e quest negatively ; he stated that it looks like a r es iden t ial area is being t h reatened b y the enc roac hment of industria l z oning and development . He asked what type o f i ndustri al development is proposed, and wha t imp act the t ra ff ic would have ? Mrs . Pierson stated that i t woul d be d ifficul t t o "blend" the traffic from the industr ial development into the r e sidential neighborhood. Dr. Schrader a s ked wh y the application wasn't extended to the east to tie into the industrial zoning to the east ? Mrs . Pierson sta ted that the applicant had applied for rezoning for only Lots 10 and 11 o f Block 1, Centennial Industrial Park Sub- division . Mrs . Pierson asked i f anyone else wished to address the Com- mission ? No one else addressed the Commission regarding the rezon i n g . • I • • • • .. -6- Mrs. Pierson asked if there were further questions from the Commission ? Mr . McB rayer asked t h e timing of development in the event the r e zon i ng were to be approve d? Mr . Barre tt stated t ha t develop- men t would begi n as soon as the zonin g was a pp rove d. Be c ker moved : Car son s econded : The Publ ic He aring on Ca s e ~2-81 be c l os e d. AYES: Draper, Carson, Be cker , Barb re , Tangum a , Se n t i, Pierson, McBrayer NAY S: None Th e motion carried . Dis cussion followed . Becker moved : Carson seconded : That the request filed b y Mr . George B. Adam s t o rez one Lots 10 and 1 1 , Bl ock 1, Centennia l I ndustrial Park Subdivision from R-1-B, Single-family Residence, t o I-1, Light Industrial, not be referred to City Council with a f avorable recommendation for the following reasons : 1 . The applicant has not demonstrated that the original zoning was in error . 2. No significant changes have occurred in the area since the original zoning that would preclude development un- der the present zoning and render the subject property more suitable for industrial use . 3. The character of the neighborhood to the south and im- mediate east is low-density residential, and the extension of the industrial district would not be compatible with this development. 4 . Other lots in Centennial Industrial Park are zoned for industrial use and are undeveloped . No proof has been presented indicating that there is a need to expand the industrial zoning onto the subject site . Mrs. Becker stated that this request does not comprise a full c ity block n o r does it complete a full city block , which is one o f the criteria the Commission must consider . Mrs . Becker s ta t ed that she felt this request for industrial zoning, i f granted, would infringe on the residential area , and she would vote to d eny the request . Mr . Tanguma stated that he also wo u l d v o te to deny the request . Mr . Tanguma stated that he had receiv ed some telephone calls fro m people who live in the area to the south , asking that he c on s ider denia l of the reques t be c ause they were afraid of the industrial encroachment into the residential area . Mr. Tanguma stated that upon readin g the petition circulated by Mr. Barrett, • 0 I • ( • • - -7- it does not really set forth what was proposed for develop- ment on this site; he stated that ha d this been done, he did not feel there would have been as much support for the request . Mrs. Pierson stated that she would also v o te for d e nial of the reque st. In reviewing the c r i teri a tha t t he Commission mu st con si der , she did no f e el t h a t the t es timony of t h e a p - p licant wa s compell i n g on any one p o i nt , even t houg h he di d addres s t he p oint s. Mrs. P ierson a sked that the Department of Community Dev elopment analysis be made a part o f the r ecord of this He a ring . Mr . McBra y er stated tha t the existing zone classification on t h e north side of West Union Avenue does not comprise an en- tir e block, so he didn't feel that this was a basis on which to recommend denial . The site is contiguous to I-1 zoning which is one of the c riteria the Commission must consider . Mr. McBrayer stated that he felt the proposed development is of very "light" industrial nature , and would have the appearance of a light office building from the street. Mr . McBrayer stated that from the pictures he saw of the site, he would prefer to look into a nice office/warehouse building than the dirt lot if he lived across the street . He stated that he felt the R-1 development on this site is very unlikely, with the filling station on the West Union Avenue/South Federal Boulevard corner , and the industrial zoned lots along South Federal Boulevard. The v ote on the motion was called: AYES : Draper, Carson, Becker, Barbre, Tanguma, Senti, Pierson NAYS : McBrayer The motion carried. Mr . Draper stated that he felt one point that might be con- sidered further is the possibility that the industrially zoned lots along South Federal Boulevard were incorrectly zoned a nd should be reclassified . IV . DOWNTOWN DEVELOPMENT PLAN Mr s. Pierson stated that Mr. Don Ensign of Design Workshop, Inc., was present. She stated that members of the Parks and Recreation Commission were invited to attend this meeting to hear Mr . Ensign's presentat i on of the progress on the downtown plan. Mr. Ensign stated that he would be making a "progress" report at this point in time. He stated that Design Workshop began discussions on this project approximately eight months ago, and that a great deal of community effort, time and money has been spent in tr y ing to determine the proper course to follow in the downtown area . Mr . Ensign stated that there is a three party agreement between the City of Englewood, the Downtown Development Authority and Brady Enterprises to fund the study of the downtown area, and to execute the plan. Mr. Ensign out- lined the study area boundaries , and noted that with the ex- • I • • • • .. -8- ception of the City Hall property on South Elati Street, the area is all zoned B-1, Busine ss. Mr. Ensign then reviewed the phases of the study , which are the Physical Inventory, or gathering of information; the Market Analys is, which is under- way, and the Objectives , which is an on-going proce ss. Mr. Ensign stated that the con sultants are to present a progres s report to the City Council at a study session on March 30 th . Following completion of the first phase of the p lan , they are to prepare several alternate plans for the entire area . Mr . Ensign state d that he is presentl y talking to the prop e rty owners and businessmen in the downtown area so that they are no t sur- prised by the alternatives that the consultants come up with . Mr. Ensign stated that numerou s projects have been identified , and that a memorandum will be prepared addressing each of those projects . Some of the matt ers which they will be dealing with include: the Broadway corridor, City Hall, Little Dry Creek Floodway , the Transit Stat ion for RTD , Phase I of office building (Brady), a hotel, the Sk erritt Park at Hampden and Broadway, a pedestrian mall, parking for entire down town area ; Phase II of the office building , road and i nterse c tion imp rove- ments, the Continental National Bank property, Holthaus' property, Equitable property , and the Graham property, the connection between the downtown area and Ci nderella City, and whatever other projects are considered in the course of dis- cussions. Mr . Ensign emphasized that the program alternatives are to be prepared by June 1st. Mr . Ensign discussed the transportation study; this is based on very preliminary figures of 1 .5 to 2 million square feet of floor area in the entire development area. Mr . Ensign stated that there is approximately 300,000 to 400 ,000 square feet of floor area in the downtown development are a at the present time. The impact on the roads and transportation system of this increase in floor area would be enormous, and they need to know what will happen with Hampden, Broadway, and other main corridors. Mr . Ensign stated that the consultants will, following collection of all of the preliminary data, develop an action strategy, and refine and enlarge the program . Dr . Schrader asked if there was one devel o per who will manage this whole development? Mr . Ensign stated that there is one developer who had agreed to help fund thi s study , and has an agreement with the First National Bank to develop a large part o f their property . Dr. Schrader asked who would be the coordinator on this proj ect ? Mr. Ensign stated that the Downtown Development Authority, which Board is appointed by the City Council, would act in that capacity. Mr. Ensign stated that there will be public projects as well as private pro j ects , and the intent is to achieve a combination of public/private efforts in the overall progr am. Dr. Schrader asked who would be in charge of this? Mrs . Pierson pointed out that final determination on any project will have to come before the City Planning and Zoning Com- mission and the City Council . • I • • ( • • .. -9- Mr . En sign d i splay ed s ever al s chema tics o f t he downtown de - v e lopme nt pro g ram elements. Mr . Ensign stated that one o f the objectives is to find a wa y to connect the Broadway down - town busines s dist r i c t wi t h the Cindere ll a City a rea ; a p e d e st ria n mal l alon g We s t Girar d Avenue h as been con s i dered . Mr. En s i gn s t at ed tha t h e did not know whethe r v e h icles cou ld b e elimina ted along Girard Av enue or not , bu t the intent i s that thi s would be b asic al l y a pedestrian -o r iented mall . He s t ated t h a t i t is ap par e n t that peop l e want to k e ep the "sma l l town " atmos phe re al on g Bro a dway ; t h e y a r e con si derin g l owe r - profile buildings along the ma l l, with higher buil d i n gs back f rom t he mall a n d ac c e ss to parking are as on t he p e r i p hery . Disc u ssion en sued. Mr . Tanguma aske d why the stud y does n ot e n comp a ss t hat a rea down t o Ithac a Av enue ? Mr . Ensi gn s tate d that he under stood one o f the p r ob l ems experienced in a prev ious s t udy of t his are a was c oncern that res i dential nei ghborhood s would be e l i minated ; h e s t ated the y h a ve t ried to s tay aw a y f rom that as p ect, b ut did ackn owl e dge that deve l opmen t of a one-way c o up l e t on U.S. 2 8 5/West Ith a ca Avenue may be ne cess ary. He stated t hat t he consulta n ts ma y have to look beyond the b ound s of the st udy are a on s ome of t he projects . Mr . Ensign d i s pl ayed a c ro ss -section of the proposed Girard Avenue Mall; he stated they wou l d propose commercial use on the g round floor level, with offices on the second stories and above .· There would be s erv i ce corr i dors from the peripheral p arking areas to the mall . Mrs . Becker stated that it appears from these plans that most of the parking proposed i s above-g round . Mr. Ensign stated that unless there are flood control measures on Little Dry Creek, there may not be any parking underground . Discussion ensued . Mr . Ens ign dis c ussed the proposed walk -through in the 3400 block o f South Broadway ; he stated that he felt the walk- t h rou gh must be developed to provide access from the busines s e s t o t he e as t o f South Broadway to those businesses on Broadway and to the we s t. Mr. Ensign d i s played a sch ema t i c plan with potential location s of a n e w Ci t y Ha l l super imposed . Mr . Ensign stated that one p roposal is t o retain the e x isting location , and increase the h eight of t h e e x i stin g structure ; another proposal is to re- locat e the Ci ty Ha ll to a n ar ea to the east of South Broadway. Mr . Ens ign s tated t h at o ther possibilities are to build a new Ci t y Hall and e i ther l e a s e out office space for the area not n eeded by the City, or to c ondominiumize the structure and se l l s p a ce , or i f the building would be developed privately , p ur cha s e the sp a ce for City Hall. Mrs. Pi erson a sk ed t hat the Planning Commission be notified of the c onfirmed date and time of the meeting with City Council, EDDA , and the c onsultants . • I • • • .. -10- Mr. Ensign discussed the impact that Cinderella City has had on the Broadway commercial area ; he stated that until the present time , p ossibly t here was not the ma r k et to sup port b oth t he Broa dw ay b usine s s area and Cindere lla City center . Mr . Ensign s tate d that t he present trend i s f or incre ased d en si t y , a nd i n f a ct the e ntire Denver metro are a has increased i n population . Acc e ss to prop e rties ha s improved or is pro- pos e d to be impro ved ; he sta t e d that he fel t t here is potential i n t his downtown are a to support the t ype o f development that i s p r oposed . Mr . Ensign p oin te d ou t t h a t what i s bein g p ro- posed will not appeal just to the l o c al En g lewoo d re s ident , but wi l l be of regional appea l . Mr . Ensign stated that he felt one o f the go o d indicator s of a v i tal business area in the En g lewood down t own are a i s the price of land ; he stated that l a nd costs have cont inu ally ri s en . Mr . Tanguma asked how this concep t wou ld be mark e t e d t o de - velopers ? Mr. Ensign stated that there were a c o uple o f ways to d o projects like this; an Urban Renewal Authorit y could buy up land and install the water , sewer and other publ i c pro- jects, and offer the land for sale t o private developers . Mr . Ensign stated that there are clearly public projects and private projects ; the hope is that the redevelopment will be a cooperative effort between the public and pr i vate sectors . Dr . Schrader asked if the Downtown Development Authority could condemn land? Ms. Powers stated that it cannot . Mr . Ensign stated that he did not think there would be condemnation of property on this project. Dr. Schrader asked if the city would have an Urban Renewal Authority? Ms . Powers stated that the City does have an Urban Renewal agency but there was no discussion of using this a g ency; rather the Downtown Development Authority is involved. She stated that the Downtown Development Authority was appointed by the City Council; the members are downtown businessmen and property owners . Ms. Powers stated that the EDDA must come back to the City Council for approval on projects . Ms . Powers pointed out that there has been a private developer involved in the Downtown Plan from the beginning ; Mr . Bud Brady of Brady Enterprises does represent a large land owner, and p o ss i bly other landowners as well . This close working rel ation ship o f t his devel o per to o t her members of the EDDA and Manag ement Team will help i n his develo pmen t of the pro pe r ties h e has an intere s t in ; he wil l also h a ve a voice in determining the direction of the r edevelopment proposals f or the d owntown area . He wi l l be able to give input from t h e viewpo i n t of the private develop e r . Mr. Ensign stat ed t hat t h e Down t own De velopment Au t hority has the power t o b uy land, p lan projects, develop projects , and to manag e t h o s e proje cts; t h e y do not have the power of condemna- tion. The EDDA is funded by a special assessment district, with a 5 mill levy . • I • • • ( • • .. -11- Ms. Powers emphasized that any plan tha t come s out of th is planning process must go through the Planning Commission and City Council for approval. Mr. Tanguma a ske d what plans are b ein g developed to sell the phases of the deve lopment plan t o di f ferent developers? Ms . Powe rs pointe d out that Brady Enterprises is working closely with the Manag e ment Team now , and t h at Mr . Br ady is mov ing ahead on the des ign s for develo pment of t he pro p erty in which h e has an inte r e st. Ms. Pow rs reiterat ed tha t other pr ivate d eve lo p e r s will be e ncou raged to become i nvolved , b u t they wi l l have to o btain thei r own fin ancin g . Ms . Powers s t a t e d tha t t he Te am must se ll the need f o r the public improvements t o support the privat e dev e lopments . Mrs . Frances Howard asked where public input into this pro gram was solicited ? Mr . En s ign stated that several public meetings have been schedu led for presenta tions of the plan . Ms . Power s stated that the alternatives which will be developed will be discussed in early June . Mr. Ensign stated there will be a series of four meetings after that and the alternatives wil l be refined from the input received in these four meetings . The need for a good on-going public relations campaign was discussed. Ms . Powers stated that press releases will be issued periodically, and that one was sent out last week; there will be a speakers bureau formed, and there is a list of several organizations where presentations will be made once the Plan is defined . Further discussion ensued. Mrs. Pierson again asked that the Commission be notified of the confirmed date for the meeting with City Council so that as many members of the Planning Commission can attend as possible . Ms . Powers stated that the Commission would be c alled , and t hat the meeting would probably be on March 30th . V. PU BLI C FORUM . Mrs. Pierson acknowledged Mrs . Frances Howard of the Parks a nd Recreation Commission, and Dr . and Mrs . Schrader, who were i n a ttendance . Mrs . Pierson stated that she had met wi th Ms . Powers , Mrs . Howard and Mrs . Allen of the Parks and Recreation Comm iss ion , Packy Romans of the Parks and Recreation De par t men t, a n d Doro thy Romans regarding the need for a closer liaison between the P arks and Recreation Commission and the P l ann i ng and Zoning Commission. She asked Mrs. Howard to report on the meeting. Mrs. Howard stated that there is a strong need for better co o rdination between the Parks & Recreation Commission and the Plann i ng Commission, and the possibility of having a joint representative who would sit .on both Commissions was suggested at this meeting. Mrs. Howard stated that there are many items which are of interest to both Commissions, such as the recent bicycle trail system study done by the Planning Commission . She suggested that at the very least, agendas • I • • • • - -12- of the meetings sho u ld be exchan ge d . Mrs . Pierson stated that the possibi li ty of a Charter change or an Ordinance t o a llow for an individual to sit on both Commissions was dis- c ussed . The possibility of a meeting between the Parks and Recreation Commission and the Planning Commission was also dis- cussed, and a tentative date of April 28th a 5 :00P .M. was scheduled . Alternative dates of May 5th and May 19th w re suggested; Mrs. Howard stated that she would discuss these three dates with other members of the Parks Commission and rep ort back to Mrs. Pierson. Mr. McBrayer stated that he had also discussed this with Mrs. Howa rd, and f elt that the Planning Commission also neede d a liaison member on the Board of Adjustment and Appeals . The possibility of having a "non-voting ex-officio" representat ive sit in on the meetings was considered. Mrs. Howard stated that unless someone ha s a g reat i ntere st i n a particular item on the agenda, they would be apt not to show up if the y were a non - voting member. Further discussion ensued . Mrs . Howard stated that the Parks and Recreation Commiss ion and Department a re in the process of revamping the ordinance creating the Parks and Recreation Commission to bring it up-to-date . The Ordinance will have to be approved by the City Council, but this will n ot require a charter change. Mrs. Pierson stated that she felt the meetings of one Commission with another and with the City Council are very useful; she suggested that the possibility of having one member sit on both the Parks and Recreation Commission and on the Planning Commission be an item on the agenda for the meeting between these two commissions. VI. DIRECTOR'S CHOICE Ms . Powers reported that Prowswood did obtain a foundation permit, and that she anticipated they would begin construction shortly . Ms . Powers reported that Planning Assistant Susan King was sent to Colorado Springs to sit in on the Court Hearing on the Colorado Springs case regarding the adult entertainment businesses. The Hearing was cancelled and reset for sometime in May. Ms. Powers stated that the City Attorney is still working towards the six-month time deadline to have a per- manent ordinance enacted. Ms. Po wers reported that a Neighbor hood Attitude Survey will be taken in a couple of areas of the City by the Planning Division . It is hoped that information on the impact of commercial uses on the adjacent residential neighborhood may be d etermi ned from these surveys. Ms. Powers stated that the closing on the elderly mid-rise project occurred last Mo nday; they hope to begin construction by late April on these 100 units . • I • • • • • .. -13- VII. COMMISSION'S CHOICE . Mrs. Pierson stated that she has received a commun ication from the City Council that the request of the Pl anning Commission for approval to send two Commission members to Boston for the APA Conference was denied . Mr. Tanguma stated that he would not be present at a special meeting with the Parks and Recreation Commission if it is scheduled for April 28th, because he will be in Boston at the APA Conference. Mrs . Pierson stated that she had received a notice of the Second Annual Main Street Conference which is to be held March 26th and 27th in Manitou Springs . Ms. Powers stated that she plans to attend this conference . Discussion ensued. Ms. Powers stated that she understood a number of members of the Downtown Development Authority would be attending this conference. It was suggested that perhaps the staff could poll the Com- mission members to determine who wanted to attend . Mrs. Becker stated that she would not be able to go; Messrs . Tanguma, Draper, and Senti also indicated they could not attend. Mr . McBrayer noted that he saw a sod and nursery stock truck and asked that the staff contact Swedish Medical Center re- garding the landscaping on their parking lots inasmuch as landscaping work is being done at this time. He expressed the opinion that the landscaping work could have been done at any time during this past winter because of the weather. Mr . McBrayer stated that he would like to thank everyone on the staff who worked on the bicycle trail system. He noted that the first phase of the bicycle trail system was passed by City Council at their meeting of March 16, 1981. Mr. Draper excused himself from the meeting . Mrs. Becker expressed her disappointment that Eco-Cycle has ceased operation. She stated that she felt Englewood and Littleton needed this use, and that if there was a way to get another recycling plant into operation, every effort should be made to support such a plant . The meeting adjourned at 9 :00 P. M. , I • • • • ,. .. -14- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AN D ZONING COMMISSIO DATE : Ma r ch 17, 1981 SUBJEC T: AC TI ON : Becker moved: Rezoning Request on Lot s 1 0 a n d 11, Blo c k 1, Centennial Industrial Park Subd ivision . Carson s econded : That the request filed b y Mr. Ge o r ge B. Adams to rezone Lots 10 and 11, Block 1 , Centennial Industrial Park Subdivision from R-1-B, Single-family Re si denc e , to I-1 , Light Industr i al, not be referred toCi ty Coun cil wi t h a favorable recommendation for the following reasons : 1. The applicant has not demonstrated that the or igina l zoning was in error. 2. No significant changes have occurred in the area since the original zoning that would preclude development un- der the present zoning and render the subject property more suitable for industrial use. 3 . The character of the neighborhood to the south and im- mediate east is low-density residential, and the extension of the industrial district would not be compatible with this development . 4 . Other lots in Centennial Industrial Park are zoned for industrial use and are undeveloped. No proof has been presented indicating that there is a need to expand the industrial zoning onto the subject site. AYES: Draper, Carson, Becker, Barbre, Tanguma, Senti, Pierson NAYS : McBrayer The motion carried. By Order of the City Planning and Zoning Commission. • I • • ( c • • - MI NU TES C OUN CIL MEETI NG DENVER REGIO NAL COUNCIL OF GOVERNMENTS WEDNES DI\Y MARCH 18, 1981 Present: Vesta H. Miller, Chairwoman Carl A. Winkler, Secretary-Trea su re r Norbert A. Meier Lewis G. Been Ken Lewis Ted Hackworth Sharon Carr Ernest B. Shelton Betty M. Anderson Kathy Lindhorst Alex Ariniello Robert Briggs George T. Garson Roland E. Cole Robert Shannon Linda Jorgensen William Thornton Arvin H. Michel Ann Trueblood Kevan J. Fitzgerald City of Arvada Douglas County City of Louisville Town of Larkspur City of Wheat Ridge City & County of Denver City of Lakewood Federal Heights City of Egewater City of Thornton City of Lafayette Adams County City of Glendale Commerce City City of Northglenn City of Boulder Town of Bow Mar City of Lakewood Town of Larkspur Town of Morrison 5 c. Also Prese n t: Re>!Je rt D. Farley, DRCOG Executive Director; Rex Lowell, City of Ar v ada; Gail Anderson, D. C. News Press ; R. S. Arvidson, Silver Heights Water & Sanitation District; Hank Epstein, Douglas County; George Upton, Cottonwood Water & Sanitation District; Phil Sieren, Arapahoe County; Martha Taylor, Ara pahoe Water & Sanitation District and Parker City Develop- ment; Marilyn Ragusa, Colorado Department of Highways; Bob Owen, Colorado Department of Health; Bob Knickerbod; Neal T. Wiler, Perry Park Water & San- itation District; Georgie Been, Town of Larkspur; Stan Trueblood, Town of Larkspur; Thomas Benson, DRCOG Attorney; David A. Pampu, DRCOG Deputy Executive Director; and various members of the DRCOG staff. Chairwoman Miller called the meeting to order at 7:30p.m., roll was taken and a quorum declared present. • I • • ( • Council Mi nutes March 18 1 19 81 Page 2 Minutes of February 1 8 , 1981 • - Council I upon motion by Mrs . An d ers on supported by Mrs. Carr, unanimously approved th e Minu tes of February 18 1 19 81 Counc il Meeting as submitted. Chairwoman Miller introduced and welc omed Mr. Louis Been and Mrs. Ann Trueblood, stating that Mr. Been is the new member representative and Mrs. Trueblood the alternate representative from the Town of Larkspur. Public Hearing on Douglas County Clean Water Plan Extension Chairwoman Miller convened the Publi c Hea ring in a c cordance with esta b l ished Council Procedures for Public Hearings on Plan Amendments. The Plan Amendment before Council concerns the extension of the Clean Water Plan to Douglas County. n A number of persons submitted comments and written testimony and a complete summary of the proceeddings is attached to and made a part of the file copy of these minutes. Action on the Amendment will be considered at the April meeting of Council. Chairwoman Miller closed the Public Hearing and proceeded with the balance of the Council Agenda. Distribution of 198 1 H U D Hou s ing Assistance M s . Barker, DRCOG staff, explained DRCOG's recommendations for ~e dis- tributi on of assisted housing resource s among the jurisdictions in th e De nver region and the housing program types . She stated that the Progra m Committee had en d orsed these recommendations for presentation to Council although tw o changes were recommended since the Program Committee acted. She sum- marized the factors which enter into the process of formulating a recommend- ation to HUD. She stated that the Annual Assessment of Housing Performanc e, approved by Council last month 1 serves as the guide for this redistribution. She summarized the recommendation of the Housing Advisory Committee regarding the Allocation Plan for 1981 Assisted Housing Resources. Council I upon motion by Mr. Cole I supported by Mr. Hackworth unanimously approved the recommendations as presented. • I • • ( • C ouncil Minu t es M a r c h 18 , 19 81 Pag e 3 • - Amendments to the 1980-82 Un i fied Planning Work Program Mr. George Scheuemstuhl explain e d the Amendments to the Program, and noted that the Transportation and Program Committees had recommended these amend - ments to Council. He stated that the amendments are necessary to update the work program to reflect changes 1n the level of effort and emphasis for several transportation planning tasks. He informed Council that the budgetary changes reflect a decrease in the Colorado Department of Highways budget of $20,020, a decrease in the RTD budget of $160,000, a carryover of $51,250 in the DRCOG PL funds (with match) and $57,280 carryover in the DRCOG Section 8 funds (w i th match) in the 1979-80 program year. The Committee, upon motion by Mrs. Carr, supported by Mr. Meir unanimously adopted Resolution No. 5, 1981, "A Resolution to Amend the 1980-82 Unified Planning Work Program For Transportation Planning in the Denver Region and to Affirm its Continued Consis- tency with the State Implementation Plan Dated January 2, 1979." (A signed copy of Resolution No. 5, 1981 is attached to and made a part of the file copy of these Mi nutes.) Endorsement of Proposals for DOT Demonstration Grant Program Mr. Scheuemstuhl, DRCOG staff, stated that four applications had been submitted to DRCOG for Metropolitan Planning Organization endorsement. These applications were considered th i s date by the Transportation Committee and three of the four have been recommended by this Committee to Council. He mentioned the four applications are a s follows and gave a brief description of each. Rides h a re Brokerage Service, Stapleton International Airport Sub- urban Shu ttle Servi ce , Jefferson County Regional Traffic Signal Master Computer System an d the National Energy Projec t for Women. Counc il, upon motion by Mr. Cole supported by Mrs. Carr, unanimously concurred with the Transportation Committee's recommendations that the first three named applications be endorsed by Council acting as the Metropolitan Planning Agency. DRCOG Training Programs Mr. Farley informed Council that DRCOG is beginning a survey with the Chief Administrative Officers Advisory Committee with respect to the training needs and resources in the area. We hope , by this survey, to discover other means, than those currently being used, to pool our resources and discover the needs in the various jurisdictions. Mike Hitchingha·m, DRCOG staff, presented the specifices of the training program as providing in-service training opportunities • I • • • C o u n c il M i nutes M a rc h 18 , 1981 Pa g e 4 • • • to its member agencies in crimina l justice , fire s ervi ce manag em e n t, a nd genera l management. He stated tha t th e pro g ram s reach all leve l s o f pers onnel i n that it provides cost efficient tra i ning l ocally wh ich i nclu des ma n agemen t s p ecial- ized and fi e ld topi cs. He stat e d th at th e 198 0 Criminal Justic e Traini n g Program had a budget of $111 ,111 (local, state a n d federal funds) and conduct ed 19 classes ln ten different course areas . The budg e t for the Fire Mana g e men t Training Program was $10,563 and c onducted nine classes In seven se pa r ate course areas. He reviewed th e fi g ure s r egard i n g the num b er of p a r ticipants attending the training sessio:ls by c o urse f o r eac h a gency or member ju ri sdiction . 1981 Ridesha~e Marketing Program Ms. Good, DRCOG staff. presented this Prooram with th e aid of cha rts. which explained in detail the Mark eting Campaign which DRCOG is conducting in 1 9 8 1. She also reviewed th e p~ogres which had been made i n terms of the p e rcentage increase in the n umber of persons using th e C a r Poo l M a t ching Service. She stated that in 19 80. staff felt th e public should be told exac tly what services that DR·:OG provides . The M edi.a Campaign focused on matching people with others for ca~poolin g . She explained some of the goals and s tra t e - gies which the prog~am enc ompasses , emphasi zing the desire to increase the number of people involved I n r i desharing and e nc ouraged people to use the car- pool matching service , as well as t o involve as many employers as possible to j o i n with us in providing this servi ce for their employees. Ms. Good showed samples of the various materia!s which a r e being used in the New Employer based program. DRCOG Populatio n Forec ast and Allocation Process Mr. David Pampu, DRCOG staff. reviewed the history and chronolo<;l ' of ao::tivities relating to this forecast and allocation process. He stated that the popul3t.\::m foreca:;t is the key co:1sideration on which to base demands for service. These figu~es allow officials to pla!l for the demands of population growth and the air quality. Pop:.1lation figure ; need t::> be kept up-to-date because they translate into needs and costs for the cities and :::ounties for th e facilities they will have to provi de. Report of the Executive Di rector Mr. Farley reminded Council of the Annual Awards Banquet on Frlday, March 2 0 at the Regency Inn. He also announced that plans are being made for the Policy Retreat, either in late April or the middle of May. He also mentioned the National Associatio:'l of Regional Councils Conference In Niagara Falls, New York June 6 l'1roug'1 June 10 • • I • • • Coun cil Minutes March 18, 1981 Pa9e 5 Othor Matters by Me1:1"!Je:-s • • • Mrs. Lindhorst, Councilwoman from the City of Thornton, remarked that sh e would 11ke to have Mr. D!l v id Pampu make his presentation on the Popu lation Forecast and Allocation Process at their next City Council mee~ing. Mrs. Sharon Carr, Councilwoman of the City of Lakewood, informed Cou"l:::il that !l~e wa ~ DRCOG's representative at the Washington, D. C. meeting with Mr. R5y Barnhardt, of the Fed'!ral Highway Administrat!on. T:1ere be1:tg n:> further bustnes 3 to come before the Council, Chairwoman Vesta Miller adjourned the meeting at 10:15 p.:n. ----------Vesta H. Miller, Chairwoman Denver Regional Council of Government.> ATTE31': Robert D. Farley, Executive Director I • • ~In • • , • • • . . • LIQUO R LI CENSE AUTHO RITY MINUTES March 18, 1981 The meet i ng ~s called to orde r at 7:30 p.•. by Chairperson Donald Styes. MEMBERS PRESENT: MEMBERS ABSENT : ALSO PRESENT: Frances Cosby, Ronald Lunders, Donald Styes, Lloyd Bryan Ronald Blanchard Eric Johannisson, Revenue Chief Brenda Jarrett, Recording Secretary • • * MR . BRYAN MOVED, AND MS. COSBY SECONDED, TO APPROVE THE MINUTES OF THE MEETING OF FEBRUARY 4, 1981. AYES: HAYS : The motion carried. Frances Cosby, Ronald Lunders, Donald Styes, Lloyd Bryan None * • * D : Hr. J ohannisson told the Board the requested references had not been received from The Ground Round Restaurant for it's new manager and that he would contact their attorney March 19, 1981. Safeway Stores has not responded to the Board's request for an amended application and will be contacted again by the Recording Secretary . * * * The Board received renewal requests from the following establishments : 7-Eleven Store 2705 S. Broadway 3.2 Beer -Off Premises ex pi res 5/23/81 Paul's Restaurant & Pizzeria 3542 S. Fox Hotel/Restaurant expires 5/15/81 O'Reilly's Saloon 90 W. Belleview 3.2 Beer -On Premises expires 5/1/81 • I . • ( • • • • ENGLEWOOD IXJoi'NTCWN DEVELOPMENT AU'lliORITY 3535 S Sherman-Englewood, CO 80110 Wednesday, April 8, 1981 MINUTES s £ Board Members Present: Artzberger, Coleman, Casson , Glenn, Holthaus, Kaufman, Maxwell, Neal, Robohm Board Members Absent: Staff Present: Guests & Visitors: Mausolf Harkness, Simpson, Van Vorst Jeanette Bush, Susan Powers, Kathye Thomas, Rich Wanush Chairman Holthaus called the meeting to order at 12:08 PM. After introductions were made Chairman Holthaus called for the approval of the minutes of the Special Board Meeting dated March 25, 1981. Upon motion by Robohm, second by Kaufman, the minutes were approved. Motion carried. Board Treasurer Casson presented the Bills for Payment which included the encumbrance of an additional $1,200 for Oliver & Hellgren. It was moved by Artzberger and seconded by Neal that #7607, second quarter dues, amounting to $30.00, not be paid to the Littleton Downtown Business People's Assoc.,Inc. and a letter be sent with the information that when a new Director is hired, it will be his determintation. Bills in the adjusted amount of $1,795.69 were approved for payment upon motion by Artzberger, second by Neal. Motion carried. Board Member Casson reported on the Ad Hoc Committee decision that the City could install the sprinkler system and landscaping at an estimated price of $7,920 which would be charged against the parking lot contribution as opposed to the architect's estimated cost of $17,000. The total estimated cost from the City will be $9,000 versus $20,000 total estimated cost from the archi- tect/contractor. Board Member Casson reported on the original contract with the Public Service Company of Colorado. This called for a closing on or before April 1, 1981. An extension of 30 days is being negotiated and a copy will be supplied for the Board when finished. Board Chairman Holthaus reported opening letters for proposals from Realtors had been sent with the due date of April 10, 1981 at 5:00 PM. During this process, Mr. Nick Avila expressed interest in the purchasing of the building and has been referred to D.A.J.A. LDC. Mr. Avila was informed of the realtor's letter and advised him that "time was of the essence." • I • • !·,arch 18, 19131 page 2 - . . • • • 1-\R. BRYAN MOVED, AND MS. COSBY SECONDED, TO RENEW LIQUOR LICENSES FOR 7 -EL EVEN STORE, PAUL'S RESTAURANT AND PIZZERIA AND FOR O'REILLY'S SALOON. AYES: N/\YS: The motion carried. Frances Cosby, Ronald Lunders, Donald Styes, Lloyd Bryan None * * * There being no further business to discuss, the meeting was adjourned at 8 :00 p.m. BR NDA J. JAR I Recording Secretary' /bj • • I . . • • • ,. • Board Chair.an Holthaus did not, due to the possibility of c on f lict of interest, participate in the discussion regarding rental spaces for !DDA. The present !DDA lease expires on May 10, 1981; alter discussion a Co .. ittee was for.ed to locate possible rental properties for presentation at the April 22, 1981 Board Meeting. The Co.aittee Mellbers are as follow: Coleaan, Maxwell, Neal and Bush. Board Attorney Harkness gave a presentation on Tax Incre.ent Financing for Downtown Develop.ent Authorities and the proposed legislation involving prop- erty tax and sales tax incre.ent financing. The .eeting was adjourned at 1:38. Respectfully suh.itted, Barry Coleaan, Secretary • I • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM /..A SUBJECT Planning CoiiDDis sion Case 03-81, RE: Part ial Vacation of a Ut ilit y Ease- April 15 1981 -" .. INITIATED BY CitY Plannin& and Zonin& Cowpission ACTION PROPOSED Vacate the portion of a utility easement in the Centennial South Subdivision, which is located on the southeast corner of West Union Avenue and Sou th Decatur Street for which there is no public purpose. INTRODUCTION: At the time the Centennial South Subdivision was platted, it was determined that water and sanitary sewer service to the lots fronting on South Clay Court would have to be provided from lines in South Decatur Street. To accomplish this, a 25 foot easement was required along the south property lines of Lots 5 and 13 and the north property lines of Lots 6 and 14. It was later determined that sanitary sewer service could be provided to those lots fronting on South Clay Court from a line in West Un ion Avenue by extending the service in the right-of-way for the cul-de-sac. This being the case, a 25 foot utility easement would not be required to accommodate the water line. Mr. Koza, the owner and developer of the Centennial South Subdivision, d is - cussed the matter with the Utilities Department personnel. With their concurrence , Mr. Koza filed a request that the south nine (9) feet of the utility easement be vacated, leaving the north 16 feet for the water line. CONCLUSION AND RECOMMENDATION: The request to vacate the south nine (9) feet of the s ubject utility easement was referred to City departments, and to Mountain Bell and Public Service. There was no opposition to the requested vacation and this information was given to the City Planning and Zoning Commission in a staff report at the meeting on April 7, 1981. Inasmuch as it was determined that there is no public purpose to be served by retaining the entire 25 foot utility easement which parallels the lot lines between Lots 5 and 6 and Lots 13 and 14, Centennial South Subdivision, the Commission members voted to recommend to the City Council that the south nine (9) feet of that easement be vacated. The area to be vacated is described as follows: The south nine (9) feet of the existing 15 foot easement along the north side of Lot 6, Centennial South Subdivision, except the west six (6) feet and the east eight (8) feet thereof; and The south nine (9) feet of the existing 15 foot easement along the north side of Lot 14 Centennial South Subdivision, except the west eight (8} feet and the east six (6) feet ~:nereor. • I • • c r • • • .. • -7- M!X>IAMDUM TO nlE ENGLEWOOD CITY COUNCIL REGAllDING ACTION 01. I.ECCHmmATION OF nlE CITY PLANNING AND ZONING COMMISSION. DATE: April 7. 1981 SUBJECT: Easement Vacation in Centennial South Subdiviaion UC<HIEMDATION: Carson .wed: McBrayer seconded: The Plannin& Commission recommend to City Council that the followin& area be vacated: 1. The south nine (9) feet of the existing 15 foot eaaeaent alona the north aide of Lot 6. Centennial South Subdivision, eacept the west sia (6) feet and the east eight (8) feet thereof; and 2. The south nine (9) feet of the eaiating 15 foot easement alona the north side of Lot 14. Centennial South Subdivision, eacept the west eight (8) feet and the east six (6) feet thereof. AYES: Pierson, McBrayer. Carson, Becker. Barbre. Allen NAYS: None ABSENT: Tanguma, Senti. Draper The .ation carried. By Order of the City Planning & Zoning Commission. - • I . . ( • STAFF REPORT Page -1- STAFF REPORT RE : • • - EASEMENT VACATION CASE '113-81 A partial vacation of a 25 foot utility easement adjacent to Lots 6 and 14 in the Centennial South Sub- division . DATE TO BE CON SIDERED : April 7, 1981 NAME OF APPL I CANT : Donald J. Koz a 5000 South Pinyon Littleton , Co lorado 80123 RELATION OF APPLICANT TO REQUEST : Mr . Koza is the owner of the subject lots in the Centennial South Subdivision. LOCATION OF PROPOSAL : The request is to vacate the south nine (9) feet of a 25 foot utility easement located across Lots 5 and 6 and Lots 13 and 14 within the Centennial South Subdivision. This sub- division is located at the southeast corner of West Union Avenue and South Decatur Street and the utility easement extends be- tween South Decatur Street and South Clay Street . ZONE DISTRICT : The Centennial So u th Subdivision is zoned R-2 , Medium Densit y Residence. DESCR IPTION OF REQUEST : The applicant is request i ng that the City of Englewood vacate the south nine (9) feet of a 25-foot wide utility ease- ment which was provided at the time the property was subdivided to accommodate a water and sewer line which would serve prop- erty fronting on South Clay Court. Subsequent to the ap- proval of the Subdivision Plat, it was determined by the Utilities Department that this utility easement would not be needed to carry both water and sewer lines, inasmuch as the sewer service could be provided to the center lots ·from West Union Avenue down South Clay Co urt . Water for the interior lots will still be provided from South Decatur Street , through the remaining • I • • ( ( • STAFF REPORT Page -2- • .. EASEMENT VACATION CASE #3-81 16 foot utility easement. There is an eight (8) foot uti l ity easement across the back of all of the lots in this subdivision and a six (6) foot easement for gas mains across the front of the lots. For these easements to be utilized , the vacation should not include the land within these easements . ACTION TO BE TAKEN : If the Planning Commission determines that it is not necessary to retain the south nine (9) feet of the subject utility easement, the members may recommend the vacation of that portion of the easement to the City Council . RECOMMENDATION FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT S~: It is the recommendation of the Planning Division staff that the City vacate the south nine (9) feet of the subject utility easement which crosses the north side of Lots 6 and 14, Centennial South Subdivision, except the point at which this easement crosses additional easements along the front and rear portions of these lots . This will leave the subject utility easement with a 16 foot width which is adequate to accommodate a water line and will not negate the usability of the remaining north/south easements. BACKGROUND OF PREVIOUS CITY ACTION : The Preliminary Plat of the Centennial South Subdivision was submitted to the Planning Commission in a Public Hearing on June 5, 1979. Consideration of the Plat was continued to the June 19, 1979 meeting, at which time a condition was placed on the Subdivision to include the designation of a 25 foot utility easement from South Decatur Street to South Clay Court between Lots 5 and 6 and Lots 13 and 14 . On July 17, 1979, the Final Plat was submitted to the Commission with the 25 foot easement and the Subdivision Plat was recom- mended to City Council for approval . City Council approved the final Centennial South Subdivision Plat on August 6, 1979 and the Plat was recorded in the office of the Arapahoe County Clerk and Recorder . A request for a partial vacation of this easement was made last year and was to have been considered by the Planning Commission on March 18, 1980; however, the applicant , Mr. Koza, withdrew his request at that time and asked that it be re- scheduled at a later date . • I • • c • • ( • STAF F RE PO RT Page -3 - . . • • • RELATI NSHIP TO THE COMP .HENSIV E PLAN : EASEMENT VACATION CA SE it 3 -81 The Subdivision conforms with the Comprehensive Plan 's designation for this area . COMMENTS FROM OTHER DEPARTMENTS : The Utilities Depar tment has no objection to the partial vacation of the utility easement , and feels that the remaining 16 feet is acceptable for the maintenance of the water line . The Director of Public \.Jorks, Kells Waggoner, and the Civil Engineer, Gary Mandarich, have no objection to the vaca- tion of the south nine (9) feet of this utility easement inas- much as the remaining 16 foot easement will accommodate the water line. They do ask that future owners of the property be advised that any fences built on the easement may have to be removed at the owner's expense if water line repairs make this necessary . Mountain Bell and the Public Service Company, Gas and Electric service divisions, have no objection to the requested vacation. DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS : The Subdivision Plat approved by the City in 1979 had designated the 25 foot wide utility easement from South Decatur Street to South Clay Court to provide adequate room for both water and sewer lines to serve those lots on South Clay Court. Since the plat was approved, it has been determined that sewer service can be made available to the lots fronting on South Clay Court from a line in West Union Avenue. This makes it unnecessary for the subject easement to accommodate more than the one line for water s ervice; therefore , a 16 foot-wide easement instead of the 25 foot-wide easement is considered to be adequate. The description of the area to be vacated would be as follows: The south nine (9) feet of the existing 15 foot easement along the north side of Lot 6, Centennial South Subdivision, except the west six (6) feet and the east eight (8) feet thereof; and The south nine (9) feet of the existing 15 foot easement along the north side of Lot 14, Centennial South Subdivision, except the west eight (8) feet and the east six (6) feet thereof. • I • • ------------------------------------~------~------------------------------------~------------------------------------~--- "'""" • • s~.3 ··s IDto .o~ VJ ~~~ '~ VICINITY MtP i . I~ I 4- ~04~·0 o SG?. FT I I VACATJQV (F EASEMENT I ~ ~ SOJrH SUDviSION . 0 I I 8~ I ~ ~~ifl f lo 3 -19 ·81 § Cf) ~ ~ ~ .. § Cl) -:J I . I 0 ' ol of j/ S8~o c:n · I $v / IZ ~~ I <:> S;3 ·E. " I 'o <.D . o 0 . 1/J / CI404 . ~7 5 7&> 85. /Cf (_p 73/4 . /S :S<;> F T ~·c;e; ----= S Bso 10' SS "E IDG,.fz ' 7 £..,I 03.7/ So. FT. • • • I I .S~. FT. U>B74 .44 S~FT. )4. g4rt .as .Sq FT I ~ .oo·~ .txo""~ (~') d~ .o . /)t \ ,of.,' t>'' • ~ v ,"\oO 0 I . . ~ ~ u 5 u ~ ~ z r; ~=45 0 . Oj ·o o- t\J · 0 r- <OW'I ) ~t t'-1 J . I 21 ~I I . • • • .. • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT ADril 15 1981 At;S Findings of Fact: Case 12-81 INITIATED BY City Pl&nping apd Zonin& Ca.aission ACTION PROPOSED Receiye the Fipdings of Fact approved by the City Planning and ZgninB CQWRission re: Planning Commission Case No. 2-81. (The rezoning of two ln~a near t:he corner of South Federal Boulevard/West Union Avenue). INTRODUCTION: The City Planning and Zoning Commission held a Public Hearing on March 17, 1981, to consider the rezoning of Lots 10 and 11, Block 1, Centennial Industrial Park, from R-1-B, Single-faaily Residence, to I-1, Light Industrial. The application was filed ~ by the property owner, Mr. George B. Adams. • After having considered the testimony presented at the Public Hearing, the members of the Commission voted not to refer the rezoning request to the City Council with a favorable recommendation, finding that it had not been established that the original zoning was in error or that the property could not be developed under the existing zoning. The Commission approved the Findings of Fact and Conclusion in regard to this case at the meeting on April 7, 1981. The applicant has appealed the Planning Commission's decision on his request to the City Council, and the Council has scheduled a Public Hearing on April 27, 1981, at 7:00 P. H. CONCLUSION AND RECOMMENDATION: The approved Findings of Fact and Conclusions in Planning Commission Case #2-81 are submitted to the City Council for its consideration. It is recommended that these Findings be received and entered into the record of the Public Hearing before the City Council which is to be held on April 27, 1980. • I • • ( ( • • • .. CI TY PLAN NING AND ZONING COMM ISSION ENGLEWOO D, COLORADO I N THE MATTER OF CASE NO . 2-8 1 ) FINDINGS OF FACT, CONCLUS I ONS ) AND RECOMMENDATIONS RELATING ) TO AN APPLICATION FILED BY ) GEORGE B. ADAMS FOR THE RE-) ZONING OF AN AREA IN THE 2900 ) BLOCK OF WEST UNION AVENUE ) FROM R-1-B, SINGLE-FAMILY ) RESIDENCE, TO I-1, LIGHT IN-) DUSTRIAL. ) A Public Hearing was held in connection with Case No. 2-81 on March 17, 1981, in the City Council Chambers of the Englewood City Hall. The following members of the City Planning and Zoning Commission were present : Hr . Barbre, Mrs. Becker, Hr. Carson, Mr. Draper, Hr . McBrayer , Mrs. Pierson, Mr . Senti and Mr . Tanguma. No members of the Commission were absent. FINDINGS OF FACT Upon the review of the evidence taken in the form of testimony, presentations, reports and filed documents, the City Planning and Zoning Commission makes the following Findin~s of Fact: given . 1. That proper notice of the Public Hearing was 2. That the application for rezoning was filed by the owner of the property , George B . Adams, 2929 West Union Avenue, Englewood, Colorado . 3 . That the property for which rezoning is sought i s described as f ollows : Lots 10 and 11, Block 1, Centennial Industrial Park, together with the North 1/2 of West Union Avenue adjoining Lots 10 and 11, Block 1, Centennial Industrial Park. (Located in the 2900 block of West Union Avenue .) 4. That the area sought to be rezoned by this ap- plication was annexed to the City of Englewood by Ordinance No . 24, Series of 1960 and was zoned R-1-A, Single-family Residence, which zone classification was changed to R-1-B, Single-family Residence, in 1963 . • I • • 0 ( c • • • . . -2- 5 . That the zoning of t h e p roperty to the west and northwe st of the subject site is I-1 , Light Indu s trial; t o the north and northeast, R-3 , High Density Residence ; to the east , R-1-B , Single-family Residence ; and to the south, R-1-B , Single-family Residence . 6 . That there is a filling station, carwash and retail outlet to the west and northwe st of the s ubject site i n the I-1, Light Industrial area ; bec ause of which develop - ment the applicant has requested the rezoning of the subje ct property . 7 . That there are two single-family residences im - mediately to the east of the subject site at 2929 and 2939 West Union Avenue; to the south, there are single-family residences fronting on West Union Avenue between South Federal Boulevard and South Decatur Street, and the area west of South Federal Boulevard is developed with single-family residences . 8 . That the property to the north and northeast of the subject site was rezoned from I-1, Light Industrial, to R-3-A, Multi-family Residential in 1971 ; however, no develop- ment has taken place on the property to this time . 9. That property identified as Centennial South Subdivision located between South Decatur Street and South Clay Street to the south of West Union Avenue, was zoned R-2, Medium Density Residence in 1976 and is now being developed with single-family attached housing. 10. That Centennial Park is at the northeast corner of West Union Avenue and South Decatur Street. 11 . That 13 persons signed a petition stating that they, as property owners in the adjacent area, did not object to the zoning change as requested by Mr. George B. Adams. 12. That the 1979 Comprehensive Plan states that the Industrial zoning applied to the land on the east side of South Federal Boulevard between West Union Avenue and West Tufts Avenue should be re-evaluated because of its proximity to the residential neighborhood on the west and the Centennial Park on the east . 13. That a Goal of the 1979 Comprehensive Plan is to maintain the residential neighborhoods as the cornerstone of our community. CONCLUSIONS l. That proper notice of the Public Hearing was duly given according to §22.3-4 of the Comprehensive Zoning Ordinance . • I • • ( • • ( • • - -3- 2 . That no evidence was presented which demonstrate d that the original zoning of the subject site was in error . 3. That since the subject site was annexed to the City by Ordinance No. 24 of 1969, the following development has occurred: a) Centennial Park has been developed less than one-half block to the east; b) The property to the north and northeast has been zoned from Light Industrial to High Density Residence; c) Construction of single-family attached dwellings in the Centennial South Subdivision one block to the southeast of the subject site has been undertaken; leading the members of the Planning Commission to the conclusion that the principal changes in the area have been of a residential nature. 4. That Lots 1 through 5, inclusive, of Block 1, Centennial Industrial Park, which property has frontage on South Federal Boulevard, are zoned I-1, Light Industrial and are undeveloped. 5. That an expansion of the light industrial zoning into the single-family residential area would not be in con- formance with the 1979 Comprehensive Plan. RECOMMENDATION Therefore, it is the recommendation of the City Planning and Zoning Commission to the City Council that the above described property which is the subject of a rezoning application filed by George B. Adams, should not be rezoned from R-1-B, Single-family Residence, to I-1, Light Industrial, for the following reasons : 1. The applicant has not demonstrated that the original zoning was in error . 2 . No significant changes have occurred in the area since the original zoning that would preclude development under the present zoning and render the subject property more suitable for industrial use. 3. The character of the neighborhood to the west of South Federal Boulevard, to the south of West Union Avenue, and to the immediate east of the subject site is low-density residential and the extension of the ·industrial district would not be compatible with this development . • I • • ,.., ( • • • ,. • -4 - 4. Other lo t s in Centennial I n dustri al Pa rk are zoned f o r i ndus trial use an d are undev elope d, a nd no proof has been presented indi cati ng tha t there is a n eed to expand the industrial zoning onto t h e subject site . Upon the vote on a motion made at a meeting of the City Planning and Zoning Commission on March 17 , 1981 : Those member s voting in f avor of the motion : Mr . Barbre , Mr . Carson, Mr. Draper, Mrs . Pierson, Mr . Senti, Mr . Tanguma and Mrs . Becker . Those members voting in oppos i tion to the motion : Mr . McBrayer . BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION . • I • • l • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE April 16, 1981 AGENDA ITEM 6 c INITIATED BY Water and Sewe r Board SUBJECT MCLEllAN RESERVOIR WATERSHED STUDY ACTION PROPOSED RecGIIIIendation that Council direct City Suff to negotiate a contract with Black and Veatch, Consulting Engineers to study the effects of urbanization in the Mclellan Reservoir .atershecl on the wat.•r au.aHt.v in t.hf! resf!rvoir HISTORY Mclellan Reservoir was built by the City to store water from the ranch creek system for use during periods of drought. Previously, water was pumped into the reservoir from the South Platte River and re-released to the river below Chatfield Reservoir. That water was then diverted to the City's treatment plant by the pump station located at Union Avenue. Next year the Mission Viejo Corporation will begin diverting .ater directly from the reservoir into their treatment plant located south of County Lfne Road. In addition, the City intends to pipe the City Ditch at a future date and divert water from Mclellan through the ditch, directly to the City's water treat.ent plant. Thus, Mclellan Reservoir will provide a direct drinking water supply to both Mission Viejo a nd t he City of Englewood. Since no urban developnent has occurred in the drainage basin tributary to the reser- voi r until now , the problem of potential contamination of the drinking water sources has not , as yet , occurred. Recently, however, proposals for several large develop- ments have been made which, if implemented without concern for the quality of runoff that may occur from these developments, may have an adverse impact on the quality of the water in the reservoir. State Statute (Section 31-15-707 (1) (B) CRS 73 provides that if a home rule city adopts an ordinance, it may control deterioration of water quality in its water s hed within five miles of any intake. The City has adopted such an ordinance, and the entire drainage basin (5,000 -6,000 acres) is within five miles of the intake · r epresented by Mclellan Reservoir. For a period of time the City contracted with the Colorado Division of Wild Life to allow recreational use of the reservoir. The Division asserted very little control, trash accumulated on the shore line, parties were held, body contact such as swimming occurred, and for these reasons, the Water Board closed off the reservoir to a ll rec r eational usag e two SIMllners ago . • I • • • • • .. • The City of littleton annexed Mclellan Reservoir and all the land around it, south to County Line Road, about four to five years ago . At that ti.e, and until recently, Li ttleton and the South Suburban Recreation District have atte.pted to gain access to the reservoir for recreation purposes . BACKGROUND Recently two large developers, Ellkay Develos-ent Corporation and the Writer Corporation, sought to obtain zoning changes for the land located north of Mclellan Reservoir to Mineral Avenue, and east of Mclellan Reservoir to Broadway. At the time that the zon- ing changes were proposed, the City of Engle.ood fonnally requested that the issue of water quality be addressed by these developers so thJt no drainage into the reservoir would deteriorate the quality of the water in the reservoir. According to littleton officials the developers agreed to this as a condition for receiving the desired zoning. Officials froM Littleton and Engle.ood both notified the developers during their planning phases that this request MUst be addressed. Upon receipt of plans froM these developers, it became apparent to the City Staff that this had not been addressed since the developer had shown ston~~W~ter running directly into the reservoir. A ~~~eeting was held in the littleton City offices at which Ellkay Corporation, Writer Corporation, Mission Viejo Corporation, the City of Engle.ood, and the South Suburban Recreation District personnel were present. At the •eting the City of Engle.ood indicated that the water quality issue must be addressed and that no recreation NOUld be allowed on reservoir property. It appeared that the developers were willing to work with the Cfty to arrive at a mutually acceptable solution. Questions arose concerning what the requir..ents should be, i.e., how much ston~~W~ter should be routed around the reservoir, whit per~~~~eters should be defined to detennine whether deterioration would occur, and whether or not • some amount of water could enter the reservoir. Mission Viejo indicated that while they did not have a detailed plan available, they would work tow.rd a solution to the problem. Specific meetings with other developers now indicate that they are in the plan formulation stage, and believe solutions can be worked out. Once again, the main question now becomes: What will the City of Englewood set as its standard to apply in this situation? RECOftoiENOATION: I L i ~ Lh c opinion of the 5laff that the City would be in a stronger position if it took the initiative and defined what it will accept from the potential stonnwater runoff that i s tributary to the reservoir. Interviews with engineering finns were he ld a nd it is the opinion of the Staff that Black and Veatch Engineers should be retained to perfonn this work. It should be noted that the expertise requir~ this type of evaluation is beyond the in-house expertise of the City Staff. t is therefore recanaended that Council direct the Staff to negotiate a contract w Black and Veatch Consulting Engineers to study the effects of the proposed urbani-~ zation in the Mclellan water reservoir watershed on the water quality in the reservoi~ FINANCIAL DETAILS: To be presented when the contract is delivered to Council. • I • • • • • 15-3-l.! Artic;l.c I -Wntcr l'ullutiuu 15 -3-1 : POLLUTION Of WATER SUPPLY lt shall bc _unlawful for any l"'rs~n to conduct or 'carry on .any unwhole- <nm~ or 'offensive business or utablishnu:nt within a diatanee of. five m!lcs up>tream from th <' .intake of the domestic water suppl>: ayatem of the ' City •long and adj:ict'nt to the Sputh Platte River or any· tri!JU~ary thereof, in a 1113111\Cr which is Cat>llble o(. or results in, .the pollution, COntamination Or, rcu<kring of the water in said river or tribu.tary impure;un.aafe ,or unwhole-. <o me by the discharging or drainace of waates, or any con\amlnatin~ matter what<()(!ver, hy surf arc or s ubs urfact' drain:.ge ·or othcrwi~~; from s:.i<l busi - '"'" ur e s t:ohl i,hun·111. ( 1'.1(.2 Code,§ 8.2) -15-J-2: AIATIMINT AS NUISANCE Any c:<isting-business or cs~abli~hment' whidt rnnstitut<'< a violation of the preceding section, is hereby declared to be a public nuiaanrc. and, in addi- tion to all other remcdiea, may be abated by an injunctive action brought in the name of the City alone or in cooperation with any lawfully established health authority of the Stnt<' of Colorado or of the t"nitt'd States. (1962 Code,§ 8.2-1) 15-J-J: ltiCitiATION ACTIVITIU PllOHIIITlD It shall be unlawful for any person to fish, boat, swim, bathe or engage in any other form of recreational activity in or upon any reaervoir, lake or pond which conuitutcs a part of tht' supt>ly of watt'r for the City's domeatic water works sys tem . or to p ic nic within ISO yar<ls of any such body of water, or 1<1 dispose of tra<h of any type by depositing it then·in . (1%2 Cocle, § 8.2-2) 15-3-4 thru 1 S-3-1 0 -Reaem:tl Article II -Li~a, Metera and Cbar•• 15-3-11: LICENSE REQUIRED The right t o _take and use water from any source supplied by the City <hall he 011ly by hccnse. The use of water by license shall not constitute or b e d «:t'JIIl'f·~ t o In· a relillflllisluncnt or any water c.r water ri~ht hy the City. and the C1ty reserves the lull ri.:ht tu determine all matters ;., connection with th~ control and use of water. (1%2 Code,§ 8.6) 15-3-12: LICENSE ISSUANCE Licenses shall be issued under measured meter service for periods of three (31 months, beginning as nearly as IIUIY be on the ftrst day and ending on the last day of each calendar month, or for a period between meter readings. ( 1962 Code, § 8 .6-1_; Ord. No. 18, Series 1971) )II . J ·11 • I • • ·In • • • - o . 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T ~ ~tL (!cu._ ~-.Y.<o·e:: I . . • • 0 e l j • • - Fngla.xx>d Parl<s and Recreation Callnissi on Minutes of April 9, 1981 The regular t1a1.thly meeting of the tngltwxxl Parl<s and Recreation Ccmnission YI.S called to order at 5:05 p .m. by Chail:man Jack Poole in the Parks and Recreation Office. Halbers present : Allen, Bradshaw, Hewitt, Higday, Howard Poole , Richards, and Rauans, ex officio Heailers absent : Ncne Also present : Leal Klin, Asst. Director, Parl<s & Recreation DJug Foe, Asst. Director, Parl<s & Recreation UJAnne Mickelson, Halley Center Director Bob Brmdage. Fngla.xx>d Calllulity Center Callnittee Sally 8ruldage •• ,, Dick Frost " Jim Taylor " Don FUllerton " Maurice Merlin M. Maurice Jones Thaddeus (Bud) Carson, Engla.xx>d Planning CcmD:i.ssion The meeting besan with introductions of representative IDI!Ji,ers of the Engle- woe~ Camulity Center Ccmnittee. Mr. Bob Brundage, chainDim of Ecrx: Steering Ccmui.ttee had previously requested this meeting with the Parl<s and Recreation Can- mission to exchange infotmlltion and to pursue nutual. avenues of interest regarding a Calllulity Center. After the introductions Mr. Bnmdage reviewed the fomation of the Englewod Camulity Center Ccmrd.ttee and related the Ccmnittee' s activities to date. He roted that City Colncil has directed staff to obtain an architect, and that City Manager M::Col.n has rotified Director Rl:mans and Gary Diede, Director of Engineering, to proceed with the steps involved in hiring an architect. After dis- cussion by IIBli>ers of ECCC and Ccmrd.ssion, the majority felt that time was of essence concem.ing determination of a location and cost of the Gamuni.ty Center in order that these facts are available for citizen infomation during ECCC' s praiDtion of the Center. Ccmrd.ssioner Howard then made a DDtion that the Ccmrd.ssion recan- mend that the selection of an architect be expedited as soon as possible. Calmissioner ~ Poole seconded. M:>tion carried. FUrther brief discussion followed and the ECCC meeting with Ccmrd.ssion was concluded . • • I . • • • Parks & Recreatia'l Caani.ssia'l Minutes o f April 9, 1981 Page -2- ,. • • • Calmiss ialer Hewit t excused h:inlielf from the meeting at 5 :30 p .m. Director RaDans reported that City Co.mcil had approved Ccmni.s sion's recmmen- dation on the Golf Course Cll..lbrouse . He also explained the costs o f the Clubrouse , presented floor plans, and said the tentative date for opening is Ja'le 15 , 1982. Calmissioner Bradshaw suggested that siiPs be posted indicating the tentative open- ing date. Asst. Director Leon Kutn reported on the response he had received fran property <Mlt!I"S east of Bates-Logan Park in regard to their interest in selling a portion of their propo!rty along City Ditch . According to Mr . Kuln only one of the three a~oners indicated an interest in selling. Mr. Kuln is of the opinion that there wrul.d be little benefit in acquiring one small strip of property ; that all three are needed . He suggested that the salle type of fence be installed on all three properties and that plantings be placed along the fence by the City . Calmissialer Richards entered meeting at 6 :00 p.m. IDug Foe , Asst. Director, spoke on City Co.mcil' s action regarding the Calmi.s- sion' s rec<mDelldatia'l on fees and charges. He stated that City Cculcil had approved the recaJIDI!Ildation from Calmi.ssion to add a 25'7. fee charge for tal-resident recrea- tion progran participants; and had also noted that ''beginning in Septellber, 1981 a $10.00 per year per participant fee shall be charged in the Jr. American Sports pro- grana". Mr. Foe raninded Calmi.ssion that this new Jr. American fee had not been included in Calmission' s recaJIDI!Ildation to City Council. Discussion was held concern- ing this fact, after which Calmi.ssioner Richards made the DDtion to send a reccmoenda- tion to City Council stating that in the future liWhen City Col.ncil meets with staff in regard to a decision of the Parks and Recreation Colmission, that the Qmnission cha:innan, or a llll!l'ber of the Calmi.ssion, be present to express Ccmnission's views. Howard secooded. M:ltion was approved. Cllairman Poole reported on the meeting of the camlittee which has been TNOrldng • I . • • Parks & Recreaticn Caallli.ssicn Mirutes of April 9. 1981 Page -3- .. • • • on the revisim of the Parks & Recreation Camd.ssion Ordinance . He presented the revisions as made by the camdttee and these changes were discussed. Scme correc- tions and rewording were suggested by llll!lli:lers. Camd.ssim agreed to send the revised fot711 to City Cculc:il with the expectatim that a copy go to City Manager and to City Attorney Rick DeWitt for review. Director RaDans presented a letter fran the chai.Iman of the Sr. Citizens .Advisory Camd.ttee, Dr. Gatewood C. Milligan request~ that the Camd.ssim take ~tever actim is necessary to obtain the additional $9,100 fran the Centemial Bi-Centenrl.al. Ccmnittee that was in the original request of needed itaDs for Milley Center. Discussim was held and it was decided that the Calmissicn ask the Mayor to send a letter to the Centennial Bi-Centenrl.al. Camd.ttee request~ that this $9,100 be made available to Milley Center for the needed iqmMDents. Ccmnissialer Bradshai indicated that she would make a request for this actim by 11181Drandun to City Manager M::Colon. The matter of appointing trustees for the Milley Center Trust Flni was introduced by Mr. Raoans. Ccmnissicner Richards recaJIIII!nded that Calmissialer Allen 1 s naoe be subnitted to City Cruncil for JX>ssible appointment of the Board of Trustees 1 representing the Recreation Ccmnission. Bradshaw seconded. Approved. IJ..JAme Mickel- son, Director of Milley Center, was asked as to her recmmendations for the three perscns representing Malley Center. She recmmeruled : Dr. Gatewood C. Milligan, Harold Rust, and Evelyn Bocm. Bradshaw mved, Allen seconded to sulmit these three naoes to City Council for JX>Ssible appointment. M:>tion carried. The fifth trustee representing City Council slv:lul.d be appointed by City Col.ncil at the next Council tm!E!ting. Mr. Raoans announced that the tm!E!ting with the Planning Calmissim to discuss uutual problans will be held on Tuesday, April 28, 1981 at 5:00 p.m. in the Parks and Recreaticn Office. Director Rcmans handed out copies of a histOry and report of Fnglewood recreation • I . • • Parb & Recreatial Caam1ssi.on Hirutes of April 9, 1981 Page -4- ,. • • - activities md their significmce ~ch he felt l«<Ul.d be of interest to Calmission. Qmuiasi.on W8 pleued with recei~ this booklet. Calllli.ssioner lbiard IBie the request that the Clllmissi.on Chliman or cme IDI!III- ber receive a copy of City Coln::il agendas in order to keep informed as to Comcil' s activities. Cllaimlm Poole stated that he as cha.inBl of the Parks and Recreation Qmuiasion receives City Comcil agendas for f!llf!!r'J meet~. She also inquired u to the status of the Youth Oolmcil to date. IkJug Foe answered that six llll!liJers had attended the last meet~ Tohlch included a visit to ~laood parks. He also reported that these IIMI!iJers had expressed a great interest in a future CXIIIIU'li.ty center. It ws felt that a mee~ with Bob Bnndage l«lUl.d be desirable so that Yc:uth Comcil llll!liJers could be informed as to bJw they C3l be involved in help~ pra!Dte a CCIIIIUl- ity center. Qmuiasi.mer Bradshar IRG88t that ~ewood youth could help this praJDtion after all the facts are final. Calmissioner Bradshaw questicned staff policy on IIDlies allotted for special activities in the Sumler Playgr'O\Dd Progran, and the fact that there is oo reooupnent of these f\.nds. Asst. Director Foe ws asked to prepare information on these special activities so they can be discussed at the next Ccllmission meet~. Meeting adjourned at 7:35 p.m. Violet R. Glli!iier, Ri!ICOi'diii secretary • I . . • • .. • ~ '1'0 mE ENCUlOD CI'IY a:x.ten. REG..t,RDn«; RECDHliDt\TIOO OF mE PARKS AND REX::REAl'IOO <Dt«SSIOO DI\'IE : April 9, 1981 SIJBJECI': RflJEST '1'0 HAVE l'eiiER OF PAR<S AND RECRF.ATIOO <XM«SSIOO PRESENr AT CITY CXlH:IL ~ WI'IH STAFF ~: 1bat in the future 1lihen City Oculci.l meets with staff in regard to a decisicn of the Parlts and Recreation Calmission, that the Calmissicn chaiJ:DB\, or a llll!lliJer of the Calmission, be present to express Calmissicn' s viewa. By request of the F.qp.ewood Parks and Recreation Calmission I . . • • • • • • • KMllWO.M 'ro 'mE ENCUKXD CI1Y CIXH:n. REGARDn«; RECIJ+flm\TIOO OF mE PAIIKS All> RECRF.AnOO CXMIISSIOO Dt\lE : April 9, 1981 SUBJECr: REVISIOO OF mE PARI<S AND RF.CEATIOO CXM«SSIOO IH>nw«:E ~: To revise the Ordinance that creates the Parks and R.ecreatic:n Caauissic:n. (Attached find the recamaded revised fOl'DI.) By request of the -lewood Parks and Recreatic:n Caauissic:n • I . • • • .. • lo-l-l : n.n u t.nby •tablut.d a joint ca.iaaian of the City o f -l.alood and Scrool District No . 1 Anlpat¥Je Qulty, Oolorato , to be ao.t u the Pcb and Recreati<n Can- ad.aaian . n. Mid ~sian ahall anaiat of MWn penma , b«> of"'--shall be ~inted by the Board of Ecb:.at:i.on of Sctoo1 District No . 1, 010 of whlm shall be appointed by the City Q:ud.l, ..s three of ~ aball be aelected by the f~ llppOint.a deai&nated by the Board of Ecb:atim and the City Coulcil . lo-1-2 : 1be City Comcil shall deai&nate one~ of the Camli.ssim to serve a1til Februuy 1, 1962, ..Sane lllllllber to ..w \Dtil "*'-ry 1, 1964. 1be lou'd of Ecb:atim shall deaignKe one~ of the <DIIiaaim to serve a1til February 1, 1962, and one aa.r to acw W1til Februllry 1, !964. n. four....._.. ttua duipated at.ll deaianate two additional lllllllbera to serve a1til Febnlary l, 1962, and one additional 1IBib!r to '-serve a1til February 1, 1964. Mmtlers of said O:Jaissim thereafter designated shall be designated for tea. of f~ yem:a. • lo-1-3 : 1be Parks and Recreatim ec-iasian shall select in 1111rch its CllaiJ:man for blo year ten~~. 'l'be ~ shall be entitled to enter into all discussims of the Can- mi.ssim and to vote m all questims before the Camlissim. 1be <llili.rmlln shall be the presi~ officer and shall have such other and further duties as DBY be designated by the rules and reautatiana of the c:a..iaaim. lo-l-4 : Four ~rs of the Calmission shall cmstitute a quorun for the transaction of business. In the absellCe of four IIIIIIDers, such uad>ers as are present DBY adjourn frcm time to time a1til a q~X>run is present. lo-l-5: 1lle Parks and Recreation Camti.ssion shall have the following powers and duties: (a) le lldvieory to the City Cculcil in all matters pertaining to Pans and Recreatiat. · • I . • • • • . . • 10-1-5 : (continued) (b) Sul:mit to the City ~il a master plan prepared by Staff for the developuent and maintenance of a modern and adequate Parks and Recreation system. (c) To act as a 80lniing board of the Camulity; and gather and assess the facts Sld data necessary to make B<U'Id recmmeudations to City Qulcil in provi~ Parks and Recreation services . The Ccmni.ssion DillY fODD cmmittees made up of Ccmni.ssion MaliJera as well as citiuns as needed to research progt-that call for extmsive time lmd discussion . These cmmittees will be advi.aory CXlly to the Parks and Recreation Caani.ssioo . (d) To review the arrual Parks lmd Recreation Wdget as subllitted fran the Parks and Recreation Department to City Manager and make rec:x:umendations to City Comcil if the CDimi.saion deEms necessary. (e) To adopt rules and regulations for the conO.Jct of the Caunission meetings and duties of its officers and cmmittees. (f) The Calmi.ssion shall meet mnthl.y. • I . . ~In • • • • • .. • MEMORANDUM TO : Filgleoxi City Cruncil FI01: Filgleoxi Parks ard Recreation Calmission lli\'IE : April 16. 1981 SUBJECr : Selection of Trustee Meatlers to the ttllley Center Trust F\.ni The Parks and Recreation Calmissim at their last regular UEeting on April 9, 1981 recalllll!l'ded that City Ccu\cil appoint the five llll!llilers to the Malley Center Trust F\.nd Board of Trustees, and designate the term of office for each 1lll!lliler. The Ccllmission is respectfully su!:mitting the names of Ruth "Perkie" Allm as possible representative fran the Parks and Recreation Calmission . The Calmission is also sul:snitti.ng the naJes of Dr. Gateoxi C. Milligan , Harold Rust, and Evelyn Boan as three persons active in the affairs of the Elsie t-illley Centennial Center . • I . • r • ORDINANCE NO. _.!:) p SERIES OF 198~ • - BY AUTHORITY 7 B .. COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE ESTABLISHING A SPECIAL FUND OF THE CITY TO BE KNOWN AS THE•MALLEY CENTER TRUST FUND" FOR THE BENEFIT OF THE ENGLEWOOD SENIOR CITIZENS RECREATIONAL CENTER ADDING A NEW SUBSECTION TO TITLE XIII, CHAPTER 5, OF THE '69 ENGLEWOOD MUNICIPAL CODE. WHEREAS, the senior citizens of the City of Englewood have use of and enjoy a senior citizens recreational center known as the Elsie Malley Centennial Center: and WHEREAS, the residents of the City of Englewood are desirous of raising funds for the benefit and use of the senior citizens recreation center. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Chapter 5, Title XIII, of the '69 EMC, is hereby amended to add the following provisions: 13-5-10: MALLEY CENTER TRUST FUND ESTABLISHED There is hereby established a special fund of the City of Englewood known as the "Malley Center Trust Fund" -- trust fund for the use and benefit of the Englewood senior citizens recreation center known as the "Elsie Malley Centennial Center." (a) Trustees appointed: Appointed as trustees of the Malley Center Trust Fund are the following: 1. One trustee to be appointed from the City Council who shall serve during tenure in office. 2. One trustee to be appointed by City Council from the membership of the Englewood Parks and Recreation Commission who shall serve during tenure in office. 3. Three trustees to be appointed by City Council upon recommendation of Parks and Recreation Commission, which three trustees shall have the following minimum qualifications: a. be a resident of the City of Englewood: b. be over the age of 55: c. be active in the affairs of the Elsie Malley Centennial Center . • I • • ( • • .. Terms of appointement for first trustees shall be for one, two and three years. Council shall designate which appointee is appointed for one-year, two-year, or three-year term. Thereafter, trustees appointed by Council shall be appointed for three-year terms . ~) Trust Funds. All gifts, donations, bequests, contributions, and all investment thereof from whatever lawful sources together with all accumulations, accruals, earnings, and income with respect thereto delivered to the Malley Center Trust Fund shall be held IN TRUST for the use and benefit of the Elsie Malley Centennial Center in the fund hereby established. (c) Management of the Trust Fund. 1. The Director of Finance, ex officio City Clerk- Treasurer, shall manage the day-to-day investment policy of the trust fund. 2. The trustees shall recommend to the City Council periodic appropriations from the Malley Center Trust Fund for the exclusive use and benefit of the Elsie Malley Centennial Center. 3. Trustees, upon approval of the appropriations by City Council and in accordance with standard adminis- trative procedures of the City, may make distribu- tions of income and corpus for the exclusive use and benefit of the Elsie Malley Centennial Center. 4. The costs of servicing the Fund shall be approved by City Council as an expense of the Fund. 5. The trustees shall have such other power as is necessary to carry out the purpose of the trust. 6. The trust fund shall be managed in accordance with the applicable requirements of the Home Rule Charter, Ordinances of the City, and State Finance Law. 7. The trust fund may be terminated by City Council; however, any funds in the trust fund shall be distributed exclusively for the purpose of the Elsie Malley Ce ntenn i al Center. (d) Contributions to the Malley Trust Fund to be Tax Deductible. Gifts, donations, bequests, and contributions to the Malley Center Trust Fund are made exclusively for the -2- • I • • • • • • • public purpose herein described and are considered tax deductible under the Internal Revenue Code and the laws of the State of Colorado. Introduced, read in full, and passed on first reading on the 17thday of February , 1981. Published as a Bill for an Ordinance on the 25thday of • h , 1981. -----~·•~runa•~cr.------------ Read by title ~d passed on final reading on the 9th day of March, 1981. "'\:., ., ~~ Published by title as Ordinance No. , Series of 1981, on the 11th day of March, 1981. Mayor Attest: ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. Series of 1981. Gary R. Higbee -3- • I • • c • ORDINANCE NO. J'(, SERIES OF 1981 • • BY AU THORITY COU NCI L BILL NO . 38 INTRODUCED BY COUNCIL MEMBER J<EENA AN ORDINANCE AMENDING SEC T ION 1, CHAPTER 1, TITLE VIII, OF THE ENGLEWOOD MUNICIPAL CODE '69 , AS AMENDED, PROVIDING FOR NINE CITIZEN-AT-LARGE MEMBERS OF PUBLIC LIBRARY BOARD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Section 1, Chapter 1, Title VIII, of the E .M.C.'69, as amended, is hereby repealed and reenacted to read as follows: AND TERMS loud of the City lhalJ consist of one (I) City Councilman and .._t (8) memben a the Council from citizeOHt.Jarp. The Council member IMII -dllrint hll tnun u ilman . Two (2) citizen-at·lar1e memben lhalJ be _,.Mel to .ne until February , · two (2) cltizens .. t.J&rle to Mrve until February I, 1972; two (2) citiz811Ht·larae to ntil February 1, 1973; and two (2) dtlunHt.Jarp to ~ene until February I, 1974. er, citizen-at-larae memben IIYil be appointed for four-year terms. The City Manqer int a member of the Ubruy 1taff to be an ex officio non-votin1 member of the Boar . mbers of the lowd llhall be aubject to removal by the Appointiq authority. The appoln · IIIII llllb ...-tmnu to ill ftCaiiCiel f01 the Ullellpirecl Ierma. (1962 Code, Sec . 8-1-1: LIBRARY BOARD APPOINTMENT AND TERMS The Public Library Board shall consist of nine (9) members appointed by City Counc i l from citizens-at- large with overlapping terms of four (4) years. Two (2) members shall serve until February 1, 1982, two (2) member s shall serve until February 1, 1983, three members shall serve until February 1, 1984, and two (2) members shall serve until February 1, 1985. Thereafter, members shall be appointed for four-year terms. The City Council shall make appointments to fill vacancies for the unempired terms. The City Manager shall appoint a member of the Library staff to be an ex officio nonvoting member of the Board. • I • • • • • Section 2. Any ordinances to the contrary are hereby repealed and superseded by this ordinance. Introduced, read in full and passed on first reading on the 6th day of April, 1981. Published as a Bill for an Ordinance on the 8th day of April, 1981. Read by title and passed on final reading on the 20th day of April, 1981. Published by title as Ordinance No. ~~, Series of 1981, on the 22nd day of April, 1981. Eugene L. Ot1s, Mayor Attest: ( ex offic10 City Clerk-Treasurer ( I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance pass~q~n final reading and published by title as Ordinance No. , Series of 1981. Gary R. Higbee -2- I • • ( ( • • • ORDINANCE NO . A SERIES OF 1981 BY AUTHORITY • • • COU NCI L BILL NO. 38 INTRODUCED BY COU CIL MEMBER KEENA AN ORDINANCE AMENDING SE CT ION 1, CHAPTER 1, T ITLE VIII, OF THE ENGLEWOOD MUNICIP AL CODE '69, AS AMENDED , PROVIDI NG FOR NI NE CITIZEN-AT -LARGE MEMBERS OF PUBLIC LIBRARY BOARD . BE IT ORDAINED BY THE CITY CO UNCIL OF THE CITY OF ENGL EWOO , COLORADO : Section 1. Section 1, Chapter 1, Titl e VIII, of the E.M.C. '69 , as amended, is hereby repealed a nd reenac t e d to r ead as follow s : AND TERMS Board of the City shall consist of one (I) City CouncilllUin and lilflt (8) memben a the Council from cltizens-at -larse. The Council member llhall MrW durint hia tnure u illlUin . Two (2) citizen-at-larJe members shall be lppOUI!M to -until February , · two (2) citizens-at-larae to serve until February I , 1972; two (2) citizens-at-larae to until February 1,1973 ;and two(2) citlzenHt-larp to •rve until February I , 1974. er , citizen·at -larJe members lhall be appointed for four-year terms. The Ci ty Manaser int a member of the Ubrary staff to be an ex officio non-volin& member of the Boar . embers of the Joard lhall be 111bjec:t to removal by the Appointina authority. The appoinriliii'-I!MIIIIMMilr.. llhll 1Mb ..,.tmnta to fill ncancies for the unexpired terms. {1962 Code. Sec . 8-1-1: LIBRARY BOARD APPOINTMENT AND TERMS The Public L i brary Bo ard sh a l l consist of nine (9 ) members appointed by City Council from citizen s -at- large with ove rlapping terms of four (4) years. Two (2) members shall serve until February 1, 1982, two (2) members shall serve until February 1, 1983, three members shall serve until February 1, 1984, and two (2) members shall serve until Fe brua ry 1, 1985. Thereafter, members shall be appointed for four-year terms. The City Council shall make appointments to fill vacancies for the unempired terms. The City Manage r shall appoint a member of the Library staff to be a n ex officio nonvoting member of the Board . I • • 0 • • • Section 2. Any ordinances to the contrary are hereby repealed and superseded by this ordinance. Introduced, read in full and passed on first reading on the 6th day of April, 1981. Published as a Bill for an Ordinance on the 8th day of April, 1981. Read by title and passed on final reading on the 20th day of April, 1981. Published by title as Ordinance No.~, Series of 1981, on the 22nd day of April, 1981. Attest: Eugene L. Ot~s, Mayor ( 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 the Ordinance passed on final reading and published by title as Ordinance No.\ [(, , Series of 1981. Gary R. H~gbee -2- • I • • ( ( • ORDINANCE NO. J1 SERIES OF 19Br---- AN ORDINANCE APPROVING THE URBAN DRAINAGE AND COST OF REPLACEMENT OF LITTLE DRY CREEK. • • - BY AUTHORITY COUNCIL BILL NO. 3 9 INTRODUCED BY COUNCI L MEMBER KEENA A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND FLOOD CONTROL DISTRICT PROVIDING FOR SHARE D THE SOUTH PLATTE RIVER DRIVE BRIDGE OVER WHEREAS, the City of Englewood has, by virtue of Ordinanc e No. 20, Series of 1980, entered into an agreement with the State Department of Highways; and WHEREAS, Urban Drainage and Flood Control District agrees to assist in replacing South Platte River Drive bridge over Little Dry Creek. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood, Colorado, and the Urban Dra~nage and Flood Control District shall, and hereby do, enter into a contract for engineering and construction needed to replace the South Platte River Drive bridge over Little Dry Creek in the City of Englewood. This agreement is contingent and dependent upon an agreement between the City and the State Department of Highways, dated November 10, 1980, increasing maximum federal share to $305,370. City shall pay $43,065 and District shall pay $43,065. Maximum project cost is estimated to be $391,500 . A copy of said contract, consisting of four (4) typewritten pages is attached hereto and incorporated by reference. Section 2. 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 contract for and in behalf of the City Council and the City and the Director of Finance, ex officio City Clerk-Treasurer to attest the same. Introduced, read in full, and passed on first reading on the 6th day of April, 1981. Published as a Bill for an Ordinance on the 8th day of April, 1981. • I • • • • • .. • Read by title and passed on final reading on the 20th day of April, 1981. Published by title as Ordinance No.~Series of 1981, on the 22nd day of April, 1981. Eugene L. Ot~s, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance2 7 passed on final reading and published by title as Ordinance No • .,./ , Series of 1981. ---- Gary R. Higbee -2- • I • • Jn ·In 0 • f_ • • • - At.RW1ENT REGARD! NG ll TTLE DRY CR EEK - SOUTH PLATTE RIVER DRIVE CROSS ING IMP ROVtH ENT Agreement No . 81 -3.2 THIS AGREEMENT, made this ______ .day of ________ , 1981 by and between the URBAN DRAINAGE All) FLOOD CONTROL DISTRICT (hereinaf ter called "DISTRICT") and the CITY OF ENGlEWOOD (hereiMfter called "CITY -); WITNESSTH : WHEREAS, DISTRICT, in a policy sutement previously adopted (Resolution No. 14, Series of 1970) expressed an Intent to assist public bodies which have heretofore enacted floodpllln zoning measures; and WHEREAS, a drainage master plan entitled "Major Orainageway Planning, Little Dry Creek," by Meta ll-Ell i ngson & Morrill , Inc. , Consulting En9i neers, dated February 1974 has been completed In cooperation with CITY, DISTRICT, Greenwood Vlll age, Cherryhills Village, Arapahoe County, and Douglas County; and. WHEREAS, DISTRICT has adopted, subsequent to a public hearing, a Five- Year Capital l""rovement Program (Resolution No. 51, Series of 1980) which includes flood control i""rovements in CITY on Little Dry Creek during 1ge1; and WHEREAS, federal funds have been made available through Section 135 of the Federal Highway Act of 1976 as amended (Safer-Off-System Roads Program) for the replacement of the So. Platte River Drive Bridge over Little Dry Creek within CITY; and WHEREAS, federal-aid funds for this project are limited to $305,370, or the normal pro rata share of 781: of total project costs, whichever dollar amount Is less; and WHEREAS, total project cos ts are estimated to be $391,500 which includes engineering and construction; and WHEREAS, the local share of estimated project costs is 221 of $391,500 or $86,130 which is to be shared on a 50-50 basis by CITY and DISTRICT; and WHEREAS, the Board of Directors of the District (Resolution No. 47, Seri es of 1980) and the CITY Council (Ordinance No. 20, Series of 1geo and Ordinance No . 6, Series of 1981 } have approved participation in the pro- ject by the DISTRICT and CITY; NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows : • I • • • • • .. - 1. SCOPE OF THIS AGREEKENT This Agre-nt def i nes the responsib11ities and financial conmitments of CIT Y and DISTRICT wtth respect to the eng i neering and construction work required to rephce the So. Platte River Drive bridge over little Dry Cree k in CITY. CITY and the State Depart:Jnent of Higt.ays have ente~ Into an agreellll!nt defining certai n c~itllents of CITY and the State Departllent of Highways. The agreetlll!nt between CITY and DISTRICT entered in to herein ts contingent and dependent upon the agreement between CITY and the State Deparbloent of htghooays dated November 10, 1980 as aooended to Increase the mui-Federal sha re to $305,370 which is made a part hereof by reference as 1f attached hereto . 2. SCOPE OF PROJECT The project w111 consist of e ngi neering and construction needed to replace the South Platte River Drive bridge over little Dry Creek in CITY . The project will be designed and constructed so as to be compatible with the channel design for Little Dry Creek extending from the ltmtts of this pro- ject upstream to Santa Fe Drive. The construction of the project to which this agreement pertains will extend from the South Platte River to approxi- mately 150 feet upstream of the center line of the So. Platte River Drive bridge . 3. PUBLIC NECESSITY CITY and DISTRICT agree that improvements authorized pursuant to this agreement are necessary for the health, safety, comfort, convenience,and welfare of all the people of the State, and are of special benefit to the inhabitants of the DISTRICT and the property therein . 4. PR OJECT COSTS Costs to which this agreeme nt pertain are limited to the following : a . Des ign and related costs; b . Construction costs as incurred by the lowest qualified bldder{s); c. Utility relocation costs; d. Nec es sary licenses and permits; e. Construction field su rveying, staking, Inspection and supervision, and materials testing; f. Contingencies and other costs necessary to construct the project mutually agreeable to CITY and DISTRICT . -2- • • I • • • • • • I t is understood that the proj e c t cos t s as defined above are estiNted no t to e xceed $391 ,500 . 5 . PROJECT COST AND COST ALLOCATIO " CITY ond DI STRICT will sha re fn 221 costs wfth liM! r-fnl ng 78 1 to be paid by the federa l a fd fu nd throug h the Colorado Stile Department of Hi gh - ways . Cln' and DI STRI CT wfll ea c h s hare equally in the 221 of proj ect c o s ts . The total projec t c os t is es tiNted to not e xceed $391,500 . On th is basis, the ooaxi-cost to each Pa rty of this ag~nt is as follows : DISTRICT - CITY SOl of 221 of S39l ,500 50S of 221 of $391 ,500 $43,065 $43,065 The Nxi-cost to CITY and DISTRICT as set forth above shall not be exceeded without anoendment to this agreement. If total costs exceed $391,500, any such add it fonal costs, if and as approved by Cln' and DISTRICT, shall be shared on the same bas is as the original shares . 6. PAYMENT OF SHARES DISTRICT shall remit its share of project costs to CITY as costs are incurred and upon submittal by CITY to DISTRICT of documentation of costs incurred. 7. FLOODPLAIN REGULATIONS CITY agrees that floodplain regulations for Little Dry Creek through CITY will remain in effect. 8. OWNERSHIP AND MAINTENANCE The Parties agree that CITY shall own the completed facilities. The Parties further agree that the DISTRICT may assist Cln' with the maintenance of facilities constructed or modified by virtue of this Agreement . Such maintenance assistance will be 1 imi ted to the drainage and flood control features of the project . The specific nature and terms of the maintenance assistance shall be set forth in a letter of understanding between the DISTRICT and CITY . DISTRICT agrees to submit a proposed letter of understanding to CITY for its review within sixty days following acceptance of the i mprovement. Ma i ntenance a ss i stance ma y include activities such as keeping flow areas free and cl ear of debris and silt, cutting and controlling grass and weeds in the c hannel right-of-way, keeping culverts free of debris and sediment, repairing drainage and flood control structures such as drop structures and energy dissipators, repairing eroded sections of channel and right-of-way and clean-up measures after periods of heavy runoff. -3- • I • • • t • • • •' • WHEREFORE, th~ Parties he~to hav~ caused this lnstrlllll!nt to be ~x~cut~d by properly authorlz~d slgna to rl~s u of the dat~ and year first he~lnabove wrlt~n . (SEAL) ATTEST : (SEAL) ATTEST : -4 - THE URBAN ORA I NAGE AND FLOOD CONTROL DISTRICT ~·---------------------- Tl tl~·----------------- 0.~------------------- CITY Of ENGL EWOOO, COLORADO By __________________ ___ Tl tl~----------------- Oat~'-------------------- • I • • ( 0 • t • ORDINANCE NO. J1 SERIES OF 19Br---- AN ORDINANCE APPROVING THE URBAN DRAINAGE AND COST OF REPLACEMENT OF LITTLE DRY CREEK. • • . . • BY AUTHORI T Y COUNCIL BILL NO. 3 9 INTRODUCED BY CO UNCIL MEMBER KEENA A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND FLOOD CONTROL DISTRICT PROVIDING FOR SHARED THE SOUTH PLATTE RIVER DRIVE BRIDGE OVER WHEREAS, the City of Englewood has, by virtue of Ordinance No. 20, Series of 1980, entered into an agreement with the State Department of Highways: and WHEREAS, Urban Drainage and Flood Control District agrees to assist in replacing South Platte River Drive bridge over Little Dry Creek. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood, Colorado, and the Urban Dra1nage and Flood Control District shall, and hereby do, enter into a contract for engineering and construction needed to replace the South Platte River Drive bridge over Little Dry Creek in the City of Englewood. This agreement is contingent and dependent upon an agreement between the City and the State Department of Highways, dated November 10, 1980, increasing maximum federal share to $305,370. City shall pay $43,065 and District shall pay $43,065. Maximum project cost is estimated to be $391,500. A copy of said contract, consisting of four (4} typewritten pages is attached hereto and incorporated by reference. Section 2. 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 contract for and in behalf of the City Council and the City and the Director of Finance, ex officio City Clerk-Treasurer to attest the same. Introd u ced, read i n ful l , a nd passed on first reading on the 6th d ay o f April , 1 98 1 . Publ ish ed as a Bil l fo r an Ordinance on the 8th day of April, 1981. • I • • 'l, ~In _ • • • •' Read by title and passed on final reading on the 20th day of April, 1981. Published by title as Ordinance No.----Lseries of 1981, on the 22nd day of April, 1981. Attest: Eugene L. Ot~s, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. Series of 1981. Gary R. H~gbee -2- • I • • • ( • • • • At.REEHENT REGARDING LllTLE DRY CREEK - SOUTH PLATIE RIVER DRIVE CROSSI NG IMP ROVEMENT Agre ~me nt No . 81 -3.2 THIS AGREEMENT, Nde this _____ ___,day of _______ _ 1gs1 by and between the URBAN DRAINAGE AICl FUlOO CONTROL DISTRICT (hereinafter call~d "DISTRICT ") and the CITY OF ENGLEWOOD (hereinafter called "CITY ·); WITNESSTH : WHEREAS, DISTRICT, i n a policy statement previously adopted (Resolution No. 14, Series of 1970) expressed an intent to assist public bodies which have heretofore en1cted floodphin zoning ooetsures; and WHEREAS, • drtinage Nster plln entitled "llljor Drainagewlly Pllnning, little Dry Creek," by McCall-Ellingson & Morrill, Inc ., Consulting Engineers, dated February 1974 has been completed in cooperation with CITY, DISTRICT, Greenwood Village, Cherryhi lls Village, Arapahoe County, and Douglas County ; and. WHEREAS, OISTRI CT has adopted, subsequent to a public hearing, a Five- Year Capital l"l'rovement Program (Resolution No. 51, Series of 1980) which includes flood control i..,rovements in CITY on little Dry Creek during 1gs1; and WHEREAS, federal funds have been made available through Section 135 of the Federal Highway Act of 1976 as amended (Safer-Off-System Roads Program) for the replacement of the So . Platte River Drive Bridge over little Dry Cr~ek within CITY; and WHEREAS, federa 1-a id funds for this project are 1 imi ted to $305,370, or the normal pro rata share of 78% of total project costs, whichever dollar amount is less; and WHEREAS, total project costs are estimated to be $391 ,500 which includes engi neering and construction; and WHEREAS, the local share of estimated project costs is 22% of $391,500 or $86,130 which is to be shared on a 50-50 basis by CITY and DISTRICT; and WHEREA S , the Board of Directors of the District (Resolution No . 47, Series of 1980) and the CITY Council (Ordinance No . 20, Series of 1980 and Ordinance No. 6, Series of 1981) have approved participation in the pro- ject by the DIS TRICT and CITY; NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows : • I • • I ( • • • - 1. SCOPE OF THIS AGREEMENT This Ag~H~ent def i Ms the re spons ibilities and f i nancial coomlitme nts of CITY and DISTRICT with respect to the eng i Mering and construc t ion work required to rephce the So . Plotte River Drive bridge over little Dry Cree k in CITY . CITY end the Stete ~perbloent of Highweys hiVe entered into en agreeownt definin<J certain ca-ibloents of CITY end the State ~parbloent of Highways. The agre-nt between CITY 1nd DISTRICT entered into he~in is contingent and dependent upon the agreeonent between CITY and the State Oeparbloent of highways d1ted Noveonber 10, 1980 as -nded to increase the lllilxi..., Federal share to S305,37D which is lllilde a part hereof by ~ference as if lttached hereto. 2. SCOPE OF PROJECT The project will consist of engiMerin<J and construction needed to replace the South Platte River Drive bridge over little Dry Creek in CITY . The project will be designed and constructed so as to be compatible with the chanMl design for little Dry Creek extending from the li11its of this pro- ject upstream to Santa Fe Drive. The construction of the project to which this agreement pertains will extend from the South Platte River to approxi- Ntely 150 feet upstream of the center line of the So. Platte River Drive bridge. 3. PUBliC NECESSITY CITY and DISTRICT agree that improvements authorized pursuant to this agreement are necessary for the health, safety, comfort, convenience,and welfare of all the people of the State, and are of special benefit to the inhabitants of the DISTRICT and the property therein. 4. PROJECT COSTS Costs to which this agreement pertain are limited to the following : a. Design and related costs; b . Construction costs as incurred by the lowest qualified bidder(s); c . Utility relocation costs; d. Ne cessary 1 i censes and permits; e. Construction field surveying, staking, inspection and supervision, and materials testing; f. Contingencies and other costs necessary to construct the project mutually agreeable to CITY and DISTRICT. -2- • I • • 0 • • • • • It is understood that the projec t coHs as defined above are estimated not to exceed S39l,SOO . S . PROJECT COST AND COST ALLOCATION CITY and OISTRICT will share in 221 costs with the reNining 781 to be paid by the federal aid fund thr-ough the Colorado State Departnoent of High- ways . CITY and DISTRICT will each sha re ~ually in the 221 of project costs. The total pr-oject cost is esti111ted to not excHd U91,500 . On this basis, the Nxi-cost to each Party of this agre-nt is as follows : DISTRICT - CITY SOl of 221 of $391 ,500 SOl of 221 of $391 ,SOO S43,065 S43,06S The maxi-cost to CITY and DISTRICT as set forth above shall not be exceeded without allll!ndment to this agreetnent. If total costs exceed S39l,SOO, any such addi tiona! costs, 1f and as approved by CITY and DISTRICT, shall be shared on the same basis as the original shares. 6. PAYMENT Of SHARES DISTRICT shall remit its share of project costs to CITY as costs are incurred and upon submittal by CITY to DISTRICT of documentation of costs incurred. 7. FLOODPLAIN REGULATIONS CITY agrees that floodplain regulations for little Dry Creek through CITY will remain in effect. 8. OWNERSHIP AND MAINTENANCE The Parties agree that CITY shall own the completed fac11ities. The Parties further agree that the DISTRICT may assist CITY with the maintenance of facilities constructed or modi fied by virtue of this Agreement. Such maintenance assistance will be limited to the drainage and flood control features of the project . The specific nature and terms of the maintenance assistance shall be set forth in a letter of understanding between the DISTRICT and CITY . DISTRICT agrees to submit a proposed letter of understanding to CITY for its review within sixty days following acceptance of the improveme nt. Maintenance as sistance may include activities such as keeping flow areas free and clear of debris and silt, cutting and controlling grass and weeds in the channel right-of-way, keeping culverts free of debris and sediment, repairing drainage and flood control structures such as drop structures and energy dissipaters, repairing eroded sections of channel and right-of-way and clean-up measures after periods of heavy runoff. -3- • I • • • • • • • WHEREFORE, the Parties hereto have caused this lnstr.-nt to be executed by properly authorized signatories as of the date and year f irst hereinabove >«"It ten. (SEAL) ATTEST : (SEAL) ATTEST : -4- THE URBAN ORA I NAG£ AND FLOOD CONTROl DISTRICT ~·--------------------- Tf tle. _________________ _ Due ________________ _ CITY Of ENGLEWOOD, COLORADO By _________________ ___ Title __________ _ ~te. _________ __ I • • • • • • ORDINANCE NO. SERIES OF 198,.....1-- • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO . 41 INTRODUCED BY CO ~UN~C~I~L­ MEMBER ~· AN ORDINANCE REPEALING AND REENACTING SECTIONS 1 THROUGH 16 OF CHAPTER 7, TITLE IX, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED. WHEREAS, the City Council of the City of Englewood has reviewed the Colorado Massage Parlor Code: and WHEREAS, the City Council of the City of Englewood determines that the licensing and regulation of massage parlors within its jurisdiction are matters of local and municipa~ concern in addition to being a matter of statewide concern, and WHEREAS, the City Council of the City of Englewood finds that the Colorado Massage Parlor Code does not provide sufficient regulation for the health, safety and welfare of the public: and WHEREAS, the current Health Therapy Establishment Ordinance is in need of revision to adequately protect the health, safety and welfare of the public: and WHEREAS, the herein proposed l-iassage Parlor Code is intended to replace and supersede the Health Therapy Establishment Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Sections 1 through and including 16 of Chapter 7, Title IX, of the official Code of Englewood, (EMC '69, as amended) lll:'e hereby amended, adding new Sections 17 through 19 , to read as follows: • I • • • • • - ARTICLE I. MASSAGE PARLO R CO DE. 9-7-1: IMPLEMENTATION OF STATE MASSAGE PARLuR CODE. (a) The City Council hereby declares that the licensing a nd regulation of massage parlors within its j urisdict i on are matters of local and municipal concern in addition to b eing matters of statewide concern as declared by the Colorad o General Assembly. It is the intention of the City Coun cLl to adopt supplementary standards for massage parlors wi t hLn its jurisdiction to those provi<led by t he Colu rado General Assembly. The City Council hereby determines t ha t enactment of this massage parlor ordinance is necessary t o protect the health, safety, and welfare of the people o f the City·. (b) The City of Englewood hereby adopts the Colorado Massage Parlor Code. In order to fully implement the Colorado Massage Parlor Code within the City of Englewood, the City establishes additional standards for the licensing of massage parlors and employees thereof. 9-7-2: DEFINITIONS As used in this Article, the following words and terms shall have the following meanings: (a) License means a grant to a licensee to operate a massage parlor. (b) Licensed premises means the premises specified in an approved application for a license under this Article which is owned or in the possession of the l icensee and within which s uch licensee is authorized to carry on the practice of massage or receive requests for the supplying of massage services. (c) Local licensing authority is des i gnated t o be the City Council of the City of Englewood or suc h des i gnee as they shall determine by resolution. (d) Massa~e . Any method o f pressur e on o r f r ictio n against or s t rokLng, kneading , rubbi n g , tapp ing, p oundin g, vibrating or stimulating o f the ext e rnal soft parts of the body with the hands or other par ts of the human b ody o r wi th the aid of any mechanical or electrical appara t us or appl i ance, with or without such suppl ementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations used in this practice. (e) Massage earlor. Any establishment where any person, firm, associatLon or corporation engages in, carries on, or permits -2- • I • • • • • - to be engaged in or carried on any of the activities mentione d in Subsection 9-7-2(d) of this Section. Massage establish- ments shall not include: (1) Physicians, surgeons, doctors, medical clinics or persons licensed by the laws of the state to practice medicine, surgery, osteopathy, chiropractic, and chiropody, their offices and clinics, and all persons working in their offices and clinics under their supervision and direction. (2) Hospitals and all persons employed by institu- tions and establishments licensed by the state as hospitals while performing their usual duties within the hospital or institution so licensed; (3) Registered or licensed nurses performing services in their usual nursing duties; (4) Beauticians and barbers duly licensed under the laws of the state, insofar as their usual and ordinary vocation and profession, as defined by the laws of the state, are concerned; (5) Massage practiced or instructed in the athletic department of any state accredited school, college, university or seminary; (6) Trainers of any amateur, semiprofessional or professional athlete or athletic team, when treating athletes; (7) Any bona fide athletic club which is not engaged in the practice of rendering massages to members of the general public for remunera- tion. For the purposes of this Article, if an athletic club does not receive more than ten percent of its gross income from the practice of rendering massages to its members, such shall be prima facie evidence that the club is a bona fide athletic club. (f) Premises means a distinct and definite location which may include a building, a part of a building, a room, or any other definite area contiguous thereto. _3_ • I • • • 9-7 -3: (a) (b) 9-7-4 : (a) (b) 9-7-5: (a) • • .. MASSAGE PARLOR LICENSE RE QUIRED No massage parlo r s h all do busine s s without having first obtai ned a l i c e nse under t h i s Artic le and comp l ying with al l applicable l a ws and ord inances . An applicant for a massage p a r lor licen se shall submit an applicat i on upon the forms p r ovided b y t he Licensing Au thority in compliance with 9-7-5 . MASSAGE PARLOR EMP LO YEE PERMIT REQ UIRED Any person, including a licensee who engages in the p rovid - ing of massage services to the public, shall file an application for a massage parlor employee permit with the licensing officer of the City upon the f orms provided by the Licensing Authority. The application for a massage parlor employee permit sha ll contain ·substantially the same information as the appl i ca- tion for massage parlor license, except for the names and addresses of the owners of the real estate and any leases or contracts concerning the real estate. MASSAGE PARLOR LICENSE APPLICATION An applicant for a massage parlor license, including any partner or limited partner of the partnership applican t, and any officer or director of the corporate applicant, or any stockholder holding more than ten (10) percent of the stock of a corporate applicant, or any other person who is interested directly in the ownership or operation of the business or who provides a massage, shall furnish the follow- itlg information under oath: (1) Name and address, including all aliases. (2) Written proof satisfactory to the Licensing Authority that the individual is at least twenty-one (21) years of age. (3) Name and address of spouse, if any, and such further information about said spouse as may be required by the Licensing Authority. (4) All res i dential addresses for the past three (3) years. (5) The business , occupation or employment of the applicant for three (3) years immediately preceding the date of the application . (6) The applicant's height, weight, color of eyes and hair. • I • • • f • • - (7) The massage parlor or similar business license hi s tory of the appl icant; whether such person, in previous y operating in this or any other city or state under license, has had such license revoked or suspend d, the reason there fo r, and t he business activity or occupa- tion subject to such action of suspension or revocation. (8) All criminal or city ordinance vio lation convict ions , forfeiture of bond and pleadings of no lo contendere o n all charges, except minor traffic violations. (9) F ingerprints and photograph of the applicant. (10) The exact nature of the massage parlor to be conducted and the proposed place of bus i ne ss and facil i tie s thereto . (11) The names and addresses of all persons holding a ny beneficial interest in the real estate upon which such mas·aage parlor i s to be operated, including but no limited to, contract purchasers or se llers, bene- ficiaries of land trust or lessees subletting to applicant. (12) If the premises are leased or being purchased under contract, a copy of such lease or contract shall accompany the application. (13) A statement by the applicant that he or she has r ead and is familiar with the provisions of this Artic le and is in compliance with them. (14) Such other and further information as determined necessary to carry out the provisions of this Artic le . 9-7-6: REQUIREMENTS FOR LICENSE OR PERMIT Every applicant for massage parlor license or massage parlor employee permit shall meet the following requirements: (a) Applicant must have attained the age of twenty-one (21) years. ~) Applicant must be of good moral character and record. (c) Applicant must not have been convicted of any felony or misdemeanor involving moral turpitude (other than minor traffic viola tions) within the past five years unless applicant is in fact a person of good moral character at the time of the application. (d) Applicant must not have had a l icense which regulates alcoholic liquor or massage establishment revoked or suspended by a governing authority with the past five years. (e) Applicant shall have graduated from an accredited school of massage offering a course of at least one thousand (1,000) clock hours, plus additional six hundred (600) • I • • • • - clinical ho urs in a mass age p a rlor o r similar es t a blish- men t ; o r sha l l sho w v eri fied evidenc e of having se rved an apprenticeshi p of two (2 1 years unde r the direc t supervision of a l i censed masseur o r masseuse i n a massage parlor or s i milar establishment, such apprentice- ship to have included a minimum of five hundred (500) clock hours didactic training in anatomy, physiology, ethics and professional relationshi ps , plus two tho usand (2,000) clinical hours o f practical experience. (f } The operation, as proposed by the applicant, if permitted, complies with all applicable laws. Every massage parlor license and every massage parlor employee permit shall terminate at expiration of one (l) year from date of its issuance unless sooner revoked. Every massage parlor licensee and every massage parlor employee permittee shall make application for renewal of their license or permit, as the case may be, at least for ty - five (45) days before expiration. In any case in which the l i censee or permittee has made a timely and sufficien t application for renewal, the existing license shall not expire until such application has been acted upon by the Licensing Authority. 9-7-7: SUSPENSION AND REVOCATION OF MASSAGE PARLOR LICENSE AND MASSAGE PARLOR EMPLOYEE PERMIT (.a) Any license or permit issued for a massage parlor or massage parlor employee may be revoked or suspended by the Licensing Authority upon a finding that the licensee or permittee has violated any one of the following: (l) That the massage parlor or a massage parlor employee has operated in a manner such as to constitute a nuisance. Authority is given to the Licensing Authority to determine the question of what activity c onstitutes a nuisance in the oepration of a massa g e parlor . (2) An offense consisting of a felony or misdemeanor involving moral turpitude has been committed by the massage parlor licensee or massage parlor employee. (3 ) That a massage parlor licensee or massage parlor employee has knowingly furnished false or misleading information or withheld relevant information on any application for any license or permit required by this Article or knowingly caused or suffered another to furnish or withhold such information on his or her behalf. (4) That a massage parlor licensee or massage parlor employee has, either knowingly or without the exercise of due care to prevent the same, violated or has per- mitted the violation of any terms of this Article or state law c oncerning massage parlors . • I • • t • (b) (c) 9-7-8: (a) (b) 9-7-9: • • - A massage parlor licensee shall be respons ible fo r the acts of employees, agents and servants . Li censing Authority, befo r e revoking or suspending any license, shall give massage parlor licensee or massage parlor employee at least seven (7) days' wr itten notice of the charges against him or her and the opportunity for a public hearing before the Licensing Authority, at which time the licensee or permittee may p r esent e vi dence bear- ing upon the question. DISPLAY OF LICENSE AND PERMIT Every licensee shall display a val i d li cense in a con s picuous place within the massage parlor establi shment so that the same rna~ be readily seen by persons entering the premis es. All persons required under this Article to obtain a mass age parlor employee permit, pursuant to this Article, must dis- play .on request,during the hours of operation of said ·business, ·an identification card provided by the City of Englewood containing the legal name and date of birth of the employee and address of the employee along with other information sufficient to identify the employee. EMPLOYMENT OF EMPLOYEES WITHOUT PERMITS It shall be the responsibility of the licensee of a massage parlor or the employer of any persons purporting to engage in the providing of massage services to the public in connection with a massage parlor establishment to ensure that each such person shall first have obtained a valid massage parlor employee permit pursuant to this Article. 9-7-10.: ILLEGAL ACTIVITIES ON PREMISES No licensee or any officer, associate, member , representative , agent or employee of such licensee shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the licensed premises which is prohibited by ordinance of the City of Englewood or law of the State of Colorado or the United States. ... 7- I • • • • • • - 9-7-11: EMPLOYEES OF MAS SAGE PARLOR S No p e rson s hal l be employed by a mas sage pa r lor unle s s such p erson shall have a t ta i n ed the age of twenty-one (2 1) y ears and shall not have been f ound guilty in any c ourt o f t h i s or ny other atate or municipalit y of any o f fe nse involving p ro s t i t ution, sol i citing, procuring , pand ering, pornogr aphy , meretric ious dis- play, assignation, unlawful coha bita tion, l ewd acts, indecen acts, o r any other offense i n vol vi n g moral turp i t ude within he fi ve (5) years next prior t o s ch employment . 9-7-12: PARLOR TO UWU T NA!U. 0 EMPLO YEES Any person operating o r managing mA s aag parlor sha ll s ubmit the names of a l l persons mployed o r to b e employed b y s a i d establishment to th Ch~ of ol ~c . I ~ ~s dete rmin e d b y the Chief of Poli c e tha t any of ••~d mp loyees d o not me et the requiremen.ts s e t for t h i hl a Art i cle, hen said e stablish men t shall, immediate ly , upon be ~n n o ~f ~ d by he Chie f o f Police, terminate the employment of s a i d person or persons. No ma ssage parlor shall. employ a ny person t o adm~nis ter a mass a g e un less said person has f i rst obta i ned a l icen se pursuant t o §9 -7-4. 9-7 -1 3: (a ) PROHIB IT I ONS No instrument o r device de s i gned or used f o r dire ct application to the skin shall be applied directly to the skin unless sanitized; the part of the body being treated shall be covered with a clean towel, o r else the instrument shall be covered in a simila r manner. (b ) No sponge, stick , alum or other article liable t o convey infection, shall be used to make application directly to an abrasion of the skin or to any cut or wound . (c) No licensed person shall treat any individua l aff l icted with any skin eruption or other disease unless such pe r son s hall hav e furn i shed a written c ert ificate f r o m a physi'cian directing such treatment and a statement to the effect that the eruption or disease is not o f a contagious or transmissible character. (d ) No licensee may operate an X-ray, fluoroscope o r s i mila r equipmen t , or a radio active material, for any purpose unless already licensed by the State of Colorado to practice such a profession requiring the use of r adia- tion equipment . No massage parlor may contain an X-ray, fluroscope, or similar equipment unless this equipment .is operated only by persons 9roperly licensed to practice a profession requiring use of such equip- ment. (e) No licensee shall administer oxygen. No licensee shall engage in any activity which falls within the realm of medical practice or nursing care. -8- • I • • t f • • - 9-7-14; DISEASE CONTROL No massage parlor operator sha 1 employ or permit any person to work who is infected with any disease in a conununicable f o _,, or who has open lesions or sores . 9-7-15: SANITARY REQUIREMENTS It shall be unlawful f or any massage parlor or employee to fai l to meet the following sanitary health stand ards : (a) All surfaces of floors, walls, ceilings -and equipmen t must be smooth and painted o r constructed with surf a~e material that is easily c leaned. (b) All tables , lounges, chairs, steam rooms, s team c a b inet& or other devices or fixtures which may come in conta ct with any patron shall be cove r e d with a fresh, sani a ry disposable liner or cover , or with a cloth sheet or cover which has not been previously used for a different patron since laundering. (c) All t owe ls, robes, bandages, pads or other ar ticles wh ch come into contact with any part of a patron's body mu st be laundered, cleaned and sterilized after each use a nd before being used again for a differ~t patron. (d) All articles listed in Section 9-7-l5(c) above mus t e stored prior to use in a sanitary, dustproo f b in or receptac l e. (e) Each treatment room shall be equipped with ind ividua l handwashing lavatories provided with hot and c old running water. (f) Each establishment shall provide to ilet fa cilities where patrons of both sexes are accommodated separate ly. (g) Shower facilities: all establishments shal l have separate shower facilities for patrons of each sex. (h) All employees and persons rendering any massage shal l wear clean, washable uniforms. (i) First Aid Kit: ·every establishment shall have an approved first aid kit available fo r use. (j) All used linen shal l be stored in an approved container after use thereof. 9-7-16: F EES The following fees shall be paid to t he City: (a) Initial application fee for massage parlor license $350 (b) Initial application fee for massage parlor (c) (d) (e) e mployee permit Annual fee for massage parlor license Annual fee f or massage parlor employee permit All other employees _g_ • $100 $150 $50 $25 I • • f • • • - 9-7-17: MASSAGE PARLOR BUSINESS AND OCCUPATION LICENSE TAX (a) The City Co un cil of the City of Englewood hereby fin ds and determines that the nature of the business of operating a massage parlor within the city limits of he city is such as to present special problems with rel at~or. to health, welfare and safety of the citizens of the city, thus requiring the classification of such business as a separate occupation and for the imposition of a reasonable , p~oper, uniform and nond i scriminatory occupation al license tax so as to provide for a proper and just distribution of the tax burden within the c ~ty. (b) There is hereby levied and asses ed an occ upational license t ax of twenty-five hundre d doll ars ($25 00) upon a business o f operating a massage parlor in t he city. Each location shall be considered a separate business for the purposes of imposing the occupational license tax. (c) Any massage parlor required to be licen sed by this article s hall remit the hereinabove amount before the commencing of business. Such l icense shall be valid for a per iod of one year from the dat e of payment. (d) The occupational license tax imposed by this article shall be paid t9 the Director of Finance. (e) All massage parlors shall post the tax receipt in a conspicuous place within such massage parlor. 9-7-18: INSPECTION The Ci ty shall, from time to t i me and at least t wice a y ear, make an inspection of each massage parlor granted a license under the provisions of this Article for the purpo ses of determining that the provisions of this Article are complied with. It shall be unlawful for any licensee to fail to allow such in spection officer access to the premises or to hinder such officer in any manner. 9-7-19: SEVE ~B ILITY CLAUSE If any sec tion , subsection, subd ivi sion , p arag raph , sentence, clause or phrase in this ordinance, or any part thereof, or application thereof to any person, firm, corporation, public agency or circumstance, is for any reason held to be unconstitu- tional or invalid or ineffective by any court of competent juris- diction, such decision shall not affect the validity or effective- ness of the remaining portions of this ordinance or any part thereof . It is hereby declared to be the legislative intent of the City -1 0 - • I • • • f • • • .. • Council that this ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, para- graph, section, or part thereof not then been included. Introduced, read in full and passed on first reading on the day of , 1981. Published as a Bill for an Ordinance on the day of ____________________ , 1981. ------ Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the day of , 1981. Gary R. Higbee \ -11-I • • 0 • • ORDINANCE NO. SERIES OF 198....-l-- • - BY AUTHORITY A BILL FOR COUNCIL BILL NO. 41 INTRODUCED BY CO ~UN==c:I~L- MEMBER q av AN ORDINANCE REPEALING AND REENACTING SECTIONS l THROUGH 16 OF CHAPTER 7, TITLE IX, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED. WHEREAS, the City Council of the City of Englewood has reviewed the Colorado Massage Parlor Code~ and WHEREAS, the City Council of the City of Englewood determines that the licensing and regulation of massage parlors within its jurisdiction are matters of local and municipa~ concern in addit i on to being a matter of statewide concern7 and WHEREAS, the City Council of the City of Englewood finds that the Colorado Massage Parlor Code does not provide sufficient regulation for the health, safety and welfare of the public~ and WHEREAS, the current Health Therapy Establishment Ordinance is in need of revision to adequately protect the health, safety and welfare of the publicJ and WHEREAS, the herein proposed Massage Parlor Code is intended to replace and supersede the Health Therapy Establishment Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Sections 1 through and including 16 of Chapter 7, Title IX, of the official Code of Englewood, (EMC '69, as amended) ere hereby amended, adding new Sections 17 through 19 , to read as follows: • I • • .. • - ARTICLE I . MASSAGE PARLO R CO DE. 9-7-1: IMPLEMENTATION OF STATE MASSAGE PARLu R CODE. (a) The City Council hereby declares that the licensing and regulation of massage parlors within its j urisdiction are matters of local and municipal concern in addition to be~ng matters of statewide concern as declared by the Colorado General Assembly. It is the intention of the City Coun c~l to adopt supplementary standards for massage parlors wi th in its jurisdiction to those provicJ.ed by the Colu rado General Assembly. The City Council hereby determines t ha t enactment of this massage parlor ordinance is necessary to protect the health, safety, and welfare of the people o f the City·. (b) The City of Englewood hereby adopta the Colorado Massage Parlor Code. In order to fully implement the Colorado Massage Parlor Code within the City of Englewood, the City establishes additional standards for the licensing of massage parlors and employees thereof. 9-7-2: DEFINITIONS f As used in this Article, the following words and terms shall • have the following meanings: (a) License means a grant to a licensee to operate a massage parlor. (b) Licensed premises means the premises specified in an approved application for a license under this Article which is owned or in the possession of the licensee and within which such licensee is authorized to carry on the practice of massage or receive requests for the supplying of massage services. (c) Local licensing authority is designated to be the City Council of the C1ty of Englewood or such designee as they shall determine by resolution. (d) Massa~e. Any method of pressure on or friction against or strok1ng, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or other parts of the human body or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations used in this practice. (e) Massa~e earlor. Any es~ablishment ~here an~ person, firm,, assoc1at1on or corporat1on engages 1n, carr1es on, or perm1ts -2- • I • • ( f • • .. to be engaged in or carried on any of the activities mentione d in Subsection 9-7-2tdl of this Section. Massage establish- ments shall not include: (1) Physicians, surgeons, doctors, medical clinics or persons licensed by the laws of the state to practice medicine, surgery, osteopathy, chiropractic, and chiropody, their offices and clinics, and all persons working in their offices and cli nics under their supervision and direction. (2) Hospitals and all persons employed by institu- tions and establishments licensed by the state as hospitals while performing their usual duties within the hospital or institution so licensed; (3) Registered or licensed nurses performing services in their usual nursing duties; (4) Beauticians and barbers duly licensed under the laws of the state, insofar as their usual and ordinary vocation and profession, as defined by the laws of the state, are concerned; (5) Massage practiced or instructed in the athletic department of any state accredited school, college, university or seminary; (6) Trainers of any amateur, semiprofessional or professional athlete or athletic team, when treating athletes; (7) Any bona fide athletic club which is not engaged in the practice of rendering massages to members of the general public for remunera- tion. For the purposes of this Article, if an athletic club does not receive more than ten percent of its gross income from the practice of rendering massages to its members, such shall be prima facie evidence that the club is a bona fide athletic club. (f) Premises means a distinct and definite location which may 1nclude a building, a part of a building, a room, or any other definite area contiguous thereto. _3_ • I • • • 9 -7-3: (a) (b) 9-7-4: (a) (b) 9-7-5: (a) • .. MASSAGE PARLOR LICENSE REQUIRED No massage parlor shall do business without having first obtained a license under this Article and complying with all applicable laws and ordinances. An applicant for a massage parlor license shall submit an application upon the forms provided by the Licensing Author ity in compliance with 9-7-5. MASSAGE PARLOR EMPLOYEE PERMIT REQUIRED Any person, including a licensee who engages in the provid - ing of massage services to the public, shall file an application for a massage parlor employee permit with the licensing officer of the City upon the forms provided by the Licensing Authority. The application for a massage parlor employee permit shall contain ·substantially the same information as the applica- tion for massage parlor license, except for the names and addresses of the owners of the real estate and any leases or contracts concerning the real estate. MASSAGE PARLOR LICENSE APPLICATION An applicant for a massage parlor license, including any partner or limited partner of the partnership applicant, and any officer or director of the corporate applicant, or any stockholder holding more than ten (10) percent of the stock of a corporate applicant, or any other person who is interested directly in the ownership or operation of the business or who provides a massage, shall furnish the follow- i«g information under oath: (l) Name and address, including all aliases. (2) Written proof satisfactory to the Licensing Authority that the individual is at least twenty-one (21) years of age. (3) Name and address of spouse, if any, and such further information about said spouse as may be required by the Licensing Authority. (4) All residential addresses for the past three (3) years. (5) The business, occupation or employment of the applicant for three (3) years immediately preceding the date of the application. (6) The applicant's height, weight, color of eyes and hair. • I • • f • • - (7) The massage parlor or simi lar bus iness license h is ~ory of the applicant; whe t her such person, in previous y operating in this or any other city or state under license, has had suc h license revoked or suspend d , the reason therefor, and the business activity or occ upa- tion subject to such action of suspension or revoc a t~on. (8) All criminal or city ordinance violation conviction s, forfeiture of bond and pleadings of nolo contendere on all charges, except minor traffic violations. (9) Fingerprints and photograph of the applicant. (10) The exact nature of the massage parlor to be cond uc ted and the proposed place of business and facilities thereto. (11) The names and addresses of all persons holding a n y beneficial interest in the real estate upon which s u h massage parlor is to be operated, including but no t limited to, contract purchasers or sellers, bene- ficiaries of land trust or lessees subletting to applicant. (12) If the premises are leased or being purchased unde r contract, a copy of such lease or contract shall accompany the application. (13) A statement by the applicant that he or she has r e a d and is familiar with the provisions of this Articl e and is in compliance with them. (14) Such other and further information as determined necessary to carry out the provisions of this Article . 9-7-6: REQUIREMENTS FOR LICENSE OR PERMIT Every applicant for massage parlor license or massage parlor employee permit shall meet the following requirements: (a) Applicant must have attained the age of twenty-one (21) years. ~) Applicant must be of good moral character and record. (c) Applicant must not have been convicted of any felony or misdemeanor involving moral turpitude (other than minor traffic violations) within the past five years unless applicant is in fact a person of good moral character at the time of the application. (d) Applicant must not have had a license which regulates alcoholic liquor or massage establishment revoked or suspended by a governing authority with the past five years. (e) Applicant shall have graduated from an accredited school of massage offering a course of at least one thousand (1,000) clock hours, plus additional six hundred (600) • I • • • I • • - clinical hours in a massage parlor or s i milar establish- ment; or shall show verified evidence of having served an apprenticeship of two (21 years under the direct supervision of a licensed masseur or masseuse in a massage parlor or similar establishment, such apprentice- ship to have included a minimum of five hundred (500) clock hours didactic training in anatomy , physiology, ethics and professional relationships, plus two thousand (2,000) clinical hours of practical experience. (f) The operation, as proposed by the applicant, if permitted, complies with all applicable laws. Every massage parlor license and every massage parlor employee permit shall terminate at expiration of one (l) year from date of its issuance unless sooner revoked. Every massage parlor licensee and every massage parlor employee permittee shall make application for renewal of their license or permit, as the case may be, at least for ty- five (45) days before expiration. In any case in which the licensee or permittee has made a timely and sufficien t application for renewal, the existing license shall not expire until such application has been acted upon by the Licensing Authority. 9-7-7: SUSPENSION AND REVOCATION OF MASSAGE PARLOR LICENSE AND MASSAGE PARLOR EMPLOYEE PERMIT ta) Any license or permit issued for a massage parlor or massage parlor employee may be revoked or suspended by the Licensing Authority upon a finding that the licensee or permittee has violated any one of the following: (1) That the massage parlor or a massage parlor employee has operated in a manner such as to constitute a nuisance. Authority is given to the Licensing Authority to determine the question of what activity con stitutes a nuisance in the oepration of a mas sage parlor. (2) An offense consisting of a felony or misdemeanor involving moral turpitude has been committed by the massage parlor licensee or massage parlor employee. (3) That a massage parlor licensee or massage parlor employee has knowingly furnished false or misleading information or withheld relevant information on any application for any license or permit required by this Article or knowingly caused or suffered another to furnish or withhold such information on his or her behalf . (4) That a massage parlor licensee or massage parlor employee has, either knowingly or without the exercise of due care to prevent the same, violated or has per- mitted the violation of any terms of this Article or state law concerning massage parlors . • I • • • (b) (c) 9-7-8: (a) (b) 9-7-9: • - A massage parlor licensee shall be responsible for t he acts of employee s, agents and servants. Li censing Authority, b efore revoking or suspending any license, shall give massage pa rlor licensee or massage parlor employee at least sev en (7) days' written notice of the charges against him or her and the opportunity for a public hearing before the Licensing Authority, at which time the licensee or permittee may present evidence bear- ing upon the question. DISPLAY OF LICENSE AND PERMI T Every licensee shall display a val i d li cense in a conspicuo us place within the massage parlor establi shment so that the same ma~ be readily seen by persons entering the premises . All persons required under this Article to obtain a massage parlor employee permit, pursuant to this Article, must dis- play on request,during the hours of operation of said "business, "an identification card provided by the City of Englewood containing the legal name and date of birth of the employee and address of the employee along with other information sufficient to identify the employee . EMPLOYMENT OF EMPLOYEES WITHOUT PERMITS It shall be the responsibility of the licensee of a massage parlor or the employer of any persons purporting to engage in the providing of massage services to the public in connection with a massage parlor establishment to ensure that each such person shall first have obtained a valid massage parlor employee permit pursuant to this Article. 9-7-10: ILLEGAL ACTIVITIES ON PR&McrSES No licensee or any officer, associate, member, representative, agent or employee of such licensee shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the licensed premises which is prohibited by ordinance of the City of Englewood or law of the State of Colorado or the United States. ... 7- • I • • • • - 9-7-11 : EMP LO YE ES OF t-1ASSAGE PARLORS No person shall be employed by a mas s a ge pa r lor unles s such p erson shall have a t ta i n e d the a ge of twenty-one (21} years and shall not have been f ound gui l t y in any c ourt o f t h is o ny other state or municipality of any offense involving p r ostitu tJ.on, soliciting, procuring, p a ndering , pornography , mere t ricious dis- play, assignation, unlawful cohabitation , lewd a c ts, indecent a c ts, or any other offen se in volvi n g moral turpi t ude within he f i ve (5) years next prior t o s u ch employmen t . 9-7-12: PARLOR TO SUBMIT NAMES OF EMPLOY EES Any person operating or managing a massage p arlor shall submit the names of all persons employed or to be employed b y said establishment to the Chief of Police. If it i s determined by the Chief of Police that any of said employees do not meet the requiremen.ts set forth in this Article, t hen said establish- ment shall, immediately, upon being notified b y t he Chief of Police, terminate the employment of said person or persons. No massage parlor shall. employ any person to administer a massage unless said person has first obtained a license pursuant to §9-7-4. 9-7-13: (a) (b) (c) PROHIBITIONS No instrument or device designed or used for direct application to the skin shall be applied directly to the skin unless sanitized1 the part of the body being treated shall be covered with a clean towel, or else the instrument shall be covered in a similar manner. No sponge, stick, alum or other article liable to convey infection, shall be used to make application directly to an abrasion of the skin or to any cut or wound . No licensed person shall treat any individua l afflicted with any skin eruption or other disease unless such person s h all hav e furnished a written certificate from a physi'cian directing such treatment and a statement to the effect that the eruption or disease is not of a contagious or t r ansmissible character. (d ) No licensee may operate an X-ray, fluoros c ope or similar equipment , o r a radio active material, for any purpose unless already licensed by the State o f Colorado to practice such a profession requiring the use of radia- tion equi pmen t. No massage parlor may contain an X-ray, fluroscope, or similar equipment unless this equiprnent .is operated only by persons properly licensed . to practice a profession requiring use of such equip- ment. (e) No licensee shall administer oxygen. No licensee shall engage in any activity which falls within the realm of medical practice or nursing care. -8 · • I • • • • • - 9-7-14: DISEASE CONTROL No mas sage parlor operator shall eq>loy o r pertlli t any persc...r. to work who is infected with any disease in a commun icable f -1 or who has open lesions or sores . 9-7-15: SANITARY REQUIREMENTS It shall be unlawful for any massage parlor or employee to fail to meet the following sanitary health sta ndards: (a) All surfaces of floors, walls, ceilings ·and equipment must be smooth and painted or constructed with surfa ce material that is easily c leaned. (b) All tables , lounges, chairs, steam roo ms, steam c ab "nets or other devices or fixtures which may come in conta ct with any patron shall be covered wi th a fresh, san ita ry disposable liner or cover, or with a c loth sheet or cover which has not been previously used for a diff r e nt patron since laundering. (c) All towels, robes, bandages, pads or other articles wh i h come into contact with any part of a patron's body mus t be laundered, cleaned and sterilized after each use a nd before being used again for a differ~t pat ron . (d) All articles listed in Section 9-7-lS(c) above must b e stored prior to use in a sanitary, dustproo f b in or receptacle. (e) Each treatment room shall be equipped with ind ividual handwashing lavatories provided with hot and c old running water. (f) Each establishment shall provide toilet fa cilities where patrons of both sexes are accommodated separately. (g) Shower facilities: all establishments shal l have separate shower facilities for patrons of each sex. (h) All employees and persons rendering any massage shal l wear clean, washable uniforms. (i) First Aid Kit: ·every establishment shall have an approved first aid kit available for use. (j) All used linen shall be stored in an approved container after use thereof. 9-7-1 6: FEES The following fees shall be paid to the City: (a) Initial application fee for massage parlor license $350 (b) Initial application fee for massage parlor (c) (d) (e) employee permit Annual fee for massage parlor license Annual fee for massage parlor employee permit All other employees -9- $100 $150 $50 $25 I • • 0 • • • 9-7-1 7 : MASSAGE PARLOR BUSINESS AND OCCUPATION LICENSE TAX (a) The City Council of the City of Englewood hereby fin d· and determines that the na ture of the business of operating a massage parlor within the city limits of ne city is such as t o present special problems with rel a io. to health, welfare and safety of the citizens of the city, thus requiring the classifi cation of such busines as a separate occupation and for the imposition of a reasonable, peeper, uniform and nondiscriminatory occupationa l license tax so as to provi de for a prop r and just distribution of the tax burden within the c ity. (b) There is hereby levied and asses s ed an occupational license t ax of twenty-five hundre d dollars ($2 500) upo a business of operating ~ massage par lor in the city . Each location shall be considered a separate business for the purposes of imposing the occupational license tax . (c) Any massage parlor required to be licensed by this art icle shall remit the hereinabo ve amount before the commencing of business. Such l icense shall be valid for a period of one year from the date of payment. (d) The occupational license tax imposed by this article shall be paid t9 the Director of Finance. (e) All massage parlors shall post the tax receipt in a conspicuous place within such massage parlor. 9-7-18: INSPECTION The City shall, from time to time and at least twice a year, make an inspection of each massage parlor granted a license under the provisions of this Article for the purposes of determining that the provisions of this Article are complied with. It shall be unlawful for any licensee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner. 9-7-19: SEVE ~BILIT Y CLAUSE If any section, subsection, subdivision, paragraph , sentence, clause or phrase in this ordinance, or any part thereof, or application thereof to any person, firm, corporation, public agency or circumstance, is for any reason held to be unconstitu- tional or invalid or ineffective by any court of competent juris- diction, such decision shall not affect the validity or effective- ness of the remaining portions of this ordinance or any part thereof . It is hereby declared to be the legislative intent of the City -1 0- • I • • ( • • • .. • Council that this ordinance would have been adopted had such unconstitutional or invalid provision, clauae, sentence, para- graph, section, or part thereof not then been included. ~~t~oduced, read~~~~ll and passed on first reading on the o?£1.!:!2-day of ~~~ , l98l. ~ished as a Bill for an Ordinance on the~~ay of ~ , l98l. Attest: Eugene L. Ot1s, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, ~ntroduced~in full, and passed on first reading on th~/)"t/1 day of · , l98l. Gary R. Higbee \ -ll-I • • ~In ORDI ANCE NO. SER IES OF 198'1 ---- • - BY AUT HORITY A BILL FOR COUNCIL BILL NO. 4 2 INTRODUCED BY COU CIL MEMBER ______________ _ AN ORDINANCE AMENDING THE 196 9 ENGLEWOOD MUNICIPAL CODE BY THE ADDITION THERETO OF CHAPTER 1.5 OF TITLE XII PROVIDING FOR THE DEFERMENT OF PAYMENT OF SPECI.AL ASSESSMEN TS MADE UPON PROPERTY OCCUPIED AS A RESIDENCE BY THE OWNER. WHEREAS, many residents of the City of Englewood have limited property and fixed incomes with which to support them- se l v es; and WHEREAS, the need for maintenance and improvements to the City of Enlgeood often results in special assessments being levied against property owners who are on fixed income and for whom the payment of those assessments at the time they are made becomes a difficult burden; and WHEREAS, the City of Englewood wishes to relieve the fin anc ial ( burden to those with limited property and on fixed incomes to the extent possible by allowing deferment of said assessment and payme nt of said assessment at a time when it is more appropriate; ( • NOW BE IT THEREFORE ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Title XII of the Englewood Municipal Code is hereby ame nded to add Chapter 1.5 as fo llows: 12-1.5-1: DEFERMENT OF PAYMENT OF ASSESSMENT AUTHORIZED AN ELIGIBLE PROPERTY OWNER MAY DEFER THE PAYMEN T OF A SPECIAL ASSESSMENT LEVIED BY THE CITY OF ENGLEWOOD AGAINS T HIS PROPERTY OCCUPIED AS HIS RESIDENCE. SAID DEFERMENT SHALL BE ACCOMPL I SHE D AS SET OUT IN THIS CHAPTER. 12-1.5-2: APPLICATION FOR DEFERMENT A PROPERTY OWNER SHALL APPLY TO THE DIRECTOR OF FINANCE F OR DEFERRAL OF ASSESSMENT. THE APPLICATION SHALL BE MADE ON FORMS FURNISHED BY THE DIRECTOR OF FINANCE. 12-1.5-3: ELIGIBILITY FOR DEFERMENT A PROPERTY OWNER MAY BE ELIGIBLE FOR ASSESSMENT DEFERRAL IF EE OWNS PERSONAL AND REAL PROPERTY (EXCLUDING HIS RESIDENCE) AND HAS ACTUAL YEARLY INCOME PROJECTED ON A MONTHLY BASIS LESS THAN PROPERTY .AND INCOME LIMITS WHICH • I • ( ( • • - ARE SET FROM TIME TO TIME, PREFERABLY YEARLY, BY RES OLUTION OF THE CITY COUNCIL. SAID PROPERTY AND INCOME ELIGIBILITY STANDARDS SHALL BE SET BY THE COUNCIL UPON RECOMME DA T I O OF THE DIRECTOR OF FINANCE WHO SHALL CONSIDER AS ADVIS ORY THE INCOME AND PROPERTY LEVEL OF 50% OF THE MEDIAN !NCO AND PROPERTY OWNERSHIP FOR THE AREA AS THAT LEVEL IS ESTABLIS HED IN GOVERNMENT ASSISTED HO USING PROGRAMS. 12-1.5-4: ASSESSED PROPERTY ELIGIBLE FOR DEFERMENT IN ORDER TO BE ELIGIBLE F OR ASSESSMENT DEFERRAL, THE PROPERTY MUST BE OCCUPIED BY THE OWNER AS HIS RESIDE NCE AT THE TIME OF APPLICATION. UPON CESSATION OF THE OWNER TO OCCUPY SAID PROPERTY AS HIS RESIDENCE, THE ASSESSMEN T SHALL BECOME DUE AND OWING AND BE COLLECTIBLE AS OTHER ASSESSMENTS. IF A PROPERTY OWNER HAS PREVIOUSLY RECEIVED A DEFERRAL OF ASSESSMENT UNDER THIS CHAPTER, HE MAY RECEIVE AN ASSESSMENT DEFERRAL UPON PROPERTY SUBSEQUENTLY OCCUPIED AS HIS RESIDENCE ONLY UPON SHOWING THAT THE PREVIOUS DEFERRAL HAS BEEN FULLY PAID OR HAS BECOME DUE AND OWING AND IS BEING COLLECTED BY THE CITY IN THE MANNER OF COLLECTION OF ASSESSMENTS. 12-l. 5-5: JOINT OWNERSHIP OF PROPERTY PROPERTY WHICH IS OWNED BY MORE THAN ONE OWNER MAY BE ELIGIBLE FOR ASSESSMENT DEFERRAL IF ALL OWNERS RESIDE THEREON AND MEET THE ELIGIBILITY STANDARDS ESTABLISHED. 12-1.5-6: DETERMINATION OF ELIGIBILITY THE DIRECTOR OF FINANCE SHALL DETERMINE WHETHER EACH PROPERTY OWNER ~VHO APPLIES FOR ASSESSMENT DEFERRAL IS ELIGIBLE. UPON DETERMINATION THAT THE PROPERTY OWNER IS EL IGIBLE AND WISHES SAID ASSESSMENT DEFERRED, THE PROPERTY OWNER SHALL EXECUTE A PROMISSORY NOTE TO THE CITY FO R THE ASSESSED AMOUNT AND SHA LL EXECUTE A LIEN TO THE CITY FOR SAID AMOUNT. THE PROMISSORY NOTE SHALL BEAR INTEREST AT THE STATUTORY RATE. THE DIRECTOR OF FINANCE SHAL L RECORD SAID LIEN AND NOTE WITH THE COUNTY CLERK AND RECORDER OF ARAPAHOE COUNTY. 12-1.5-7: PAYMENT OF ASSESSMENT BY CITY UPON RECEIVING AND RECORDING THE NOTE AND LIEN AS PROVIDED IN THIS CHAPTER, THE DIRECTOR OF FINANCE SHALL PAY TO THE ASSESSMENT DISTRICT FROM THE GENERAL FUND OF THE CITY THE AMOUNT OF THE DEFERRED ASSESSMENT. HE SHALL THEN NOTE ON THE ASSESSMENT ROLL THAT SUCH ASSESS- MENT HAS BEEN DEFERRED, AND THE ASSESSMENT SHALL NOT BE PAYABLE UNTIL THE DEFERRAL EXPIRES AS PROVIDED IN THIS CHAPTER. . -2- • I • • 0 ( • 12 -1.5-8 : • - DEFERRED ASSESSMENT A CONTINUI G LIEN; PAYMENT OF LIEN ANY ASSESSMEN T DEFERRED PURSUANT TO TH S CHAPTER SHALL BE A LIEN AGA I NST THE P ROP ERTY FROM THE TIME OF THE ASSESSING ORDIN ANCE UNT I L FULLY PAID. THE SAME SHALL BE TOT ALLY DUE AND PA YABLE AT SUCH TIME AS THE PROPERTY OWN ER TRANSFE RS OR CONVEYS T HE PROPERTY TO ANY OTHER PERSO N. FOR PU RP OSES OF THIS SEC TION , ANY CHANGE IN OWNERSHIP BY DEED, WILL , INHER I TANC E OPERATION OF LAW, OR OTHERWISE , SHAL L BE CONSIDERED A TRANSFER OR CONVE YAN CE OF SAID PROP ERTY AND REND ER THE ENTIRE ASSESSMENT DUE AND PAYABLE . HOWEVER, ANY PERSON TO WHOM THE T ITL TO T HE PROP ERTY IS TRANS- FERRED UP ON THE DEA TH OF THE OWNER , MAY HAVE SAID ASSESSMENTS DEFERRE D ACCO RDING TO THE PROVISIONS OF THIS CHAPTE R . 12-1.5-9: LIEN CONTINUES; ENFORCEMENT OF LIEN THE INITIAL OR SUBSEQUENT DEFERRAL OF AN ASSESSMENT SHALL NOT RELEASE THE ASSESSMENT LIEN AGAINST THE PROPERTY. SUCH LIEN SHALL CONTINUE UNTIL FULLY PAID. UPON THE DEFERRED ASSESSMENT BECOMING DUE AND PAYABLE, THE CITY MAY ENFORCE THE LIEN OBLIGATION BY CERTIFYING THE AMO UNT TO THE COUNTY TREASURER FOR COLLECTION AS ASSESSMENT, BY FORECLOSURE OF THE LIEN IN THE METHOD PROVIDED FOR TAX LIENS IN COLORADO STATUTES, BY AN ACTION IN COURT FOR COLLECTION, OR BY ANY OTHER MEANS AVAILABLE. 12-1.5-10: TIME OF APPLICATION; LATER DEFERRAL AT THE TIME OF PUBLICATION OF THE NOTICE OF AN ORDINANCE MAKING AN ASSESSMENT FOR SPECIAL IMPROVEMENTS, PUBLISHED THEREWITH SHALL BE NOTIFICATION THAT ELIGIBLE PROPERTY OWNERS MAY HAVE THE ASSESSMENT DEFERRED BY COMPLYING WITH THE PROVISIONS OF THIS CHAPTER AND BY APPLYING FOR THE DEFERRAL NOT LATER THAN THIRTY (30) DAYS AFTER THE FINAL PUBLICATION DATE OF THE ASSESSING ORDINANCE. IN THE EVENT AN ELIGIBLE PROPERTY OWNER DESIRES TO DEFER AN ASSESSMENT TRANSFERRED TO THE COUNTY TREASURER FOR COLLECTION , THE PROPERTY OWNER MAY MAKE APPLICATION FOR SAID DEFERRAL; UPON MEETING THE ELIGIBILITY CRITERIA OF THIS CHAPTER, THE ASSESSMENT SHALL BE DEFERRED. THE DIRECTOR OF FINANCE SHALL REQUIRE THE APPLICANT TO COM- PLETE ALL OTHER NECESSARY PROCEDURES FOR DEFERRAL. UPON A DETERMINATION OF THE PROPERTY OWNER'S ELIGIBILITY, THE ASSESSMENT SHALL BE DEFERRED AND REMOVED FROM THE ROLES OF THE COUNTY CLERK AND RECORDER. -3- • I • • • ( • • • .. 12-1.5-ll: RULES AND REGULATIONS; FORMS THE DIRECTOR OF FINANCE IS DIRECTED AND AUTHORIZED TO ESTABLISH THE FORMS, RULES AND REGULATIONS, AND INFORMA- TION AS HE DEEMS NECESSARY AND PROPER TO IMPLEMENT THIS ASSESSMENT DEFERRAL PROGRAM. Introduced, read in full, and passed on first readin g on the day of , 1981. Published as a Bill for an Ordinance on the _______ day of ------------------------' 1981. Eugene L. Ot1s, Mayor Attest: ex off1c1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the day of , 1981. Gary R. H1gbee -4- • I • • ( ( • • • .. RESOLUTION NO. SERIES OF 1981 A RESOLUTION REAFFIRMING APPOINTMENTS TO THE P UBLIC LIBRARY BOARD . WHEREAS, there is a need to clarify the terms of the members of the Library Board. NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: 1. Council accepts the resignation of Bruce Hogue. 2. Council appoints Bruce Hogue to term on Public Library Board to expire February 1, 1982. 3. Council appoints and reaffirms the appointment of the following persons for terms to expire as follows: Terms to Expire 2/l/82 Bruce Hogue Howard E. Morarie, Jr. Terms to Expire 2/l/83 Dalton L. Nordyke Dorothy Wheelehan Terms to Expire 2/l/84 Robert E. Currie Norman W. E. Kerswill Joe Rathburn Terms to Expire 2/1/85 Jerry Valdes Marietta J. Brown ADOPTED AND APPROVED this 6th day of April, 1981. Eugene L. Ot~s, Mayor Attest: ex officio City Clerk-Treasurer • I • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer the City of Englewood, Colorado, hereby certify that the is a true, accurate and complete copy of Resolution No. Series of 1981. Gary R. H1gbee of foregoing If, , I • • • RESOLUTION NO. SERIES OF 1981 ;I . . • • • A RESOLUTION REAFFIRMITNG APPOINTMENTS TO THE PUBLIC LIBRARY BOARD. WHEREAS, there is a need to clarify the terms of the members of the Library Board. NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO: 1. Council accepts the resignation of Bruce Hogue. 2. Council appoints Bruce Hogue to term on Public Library Board to expire February 1, 1982. 3. Council appoints and reaffirms the appointment of the following persons for terms to expire as follows: Terms to Expire 2/1/82 Bruce Hogue Howard E. Morarie, Jr. Terms to Expire 2/1/83 Dalton L. Nordyke Dorothy Wheelehan Terms to Expire 2/1/84 Robert E. Currie Norman W. E. Kerswill Joe Rathburn Terms to Expire 2/1/85 Jerry Valdes Marietta J. Brown ADOPTED AND APPROVED this 6th day of April, 1981 . Eugene L. Ot~s, Mayor Attest: ex officio city Clerk-Treasurer • I • • • • • .. • I, Gary R. Higbee, e x officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the forego ing is a true, accurate and complete copy of Resolution No. /Jr , Series of 1981. Gary R . H~gbee • I • • • • - 7F P R 0 C L A M A T I 0 N WHEREAS, volunteerism has always been an essential part of the spirit and traditions of this Country so that today one out of every five ~ricans is aaking a gift of time and talent to some kind of volunteer service, and WHEREAS, volunteerism directly reflects the democratic principles of this Nation in that everyone, regardless of circum- stance or station, or factors of race, age, sex, color, or creed can volunteer and thus reap the rich rewards that come from doing for others; and WHEREAS, volunteerism is increaaingly recognized as a central partner with governaent and industry in doing the work of the Nation; and WHEREAS, the State has establiahed the Office of Voluntary Citizen Participation in order to encourage and coordinate volunteer efforts throughout the State; and WHEREAS, it is fitting that a period of time be set aside each year to honor and to thank the dedicated citizens of Colorado who give so freely of their valuable time, energy, and abilities as volunteers. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the week of April 27 through May 3, 1981 as VOLUNTEER RECOGNITION WEEK in the City of Englewood and urge all citizens to help to renew a n d susta in the spirit and vitality of this great Nation by committing a portion of their time, however small, to addressing the needs of our community through voluntary action. GIVEN under my hand and seal this 20th day of April, 1981. • I • • • • - 7F P R 0 C L A M A T I 0 N /.---r,-.7 ffi ~.v:f: ·""'~r L/:'1. ~' _., ~~;~ ~· 't,f;. . , ~ I ...• , ' ,, • '. .t)o. • .. ~ ... WHEREAS, volunteerism has always been an essential part of the spirit and traditions of this Country so that today one out of every five ~ricans is -.king a gift of time and talent to some kind of volunteer service 1 and WHEREAS, volunteerism directly reflects the democratic principles of this Nation in that everyone, regardless of circum- stance or station, or factors of race, age, sex, color, or creed can volunteer and thus reap the rich rewards that come from doing for others; and WHEREAS, volunteerism is increasingly recognized as a central partner with government and industry in doing the work of the Nation; and WHEREAS, the State has established the Office of Voluntary Citizen Participation in order to encourage and coordinate volunteer efforts throughout the State; and WHEREAS, it is fitting that a period of time be set aside each year to honor and to thank the dedicated citizens of Colorado who give so freely of their valuable time, energy, and abilities as volunteers. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the week of April 27 through May 3, 1981 as VOLUNTEER RECOGNITION WEEK in the City of Englewood and urge all citizens to help to renew a nd susta in the spirit and vitality of this great Nation by c ommitting a portion of their time, however small, to addressing the needs of our community through voluntary action. GIVEN under my hand and seal this 20th day of April, 1981. Eugene L. Otis, Mayor • I • • • • • 7F P R 0 C L A M A T I 0 N -------- WHEREAS, volunteerism has always been an essential part of the spirit and traditions of this Country so that today one out of every five ~ricans is .aking a gift of ti-and talent to so-kind of volunteer service 7 and WHEREAS, volunteerism directly reflects the democratic principles of this Nation in that everyone, regardless of circum- stance or station, or factors of race, age, sex, color, or creed can volunteer and thus reap the rich rewards that come from doing for others; and WHEREAS, volunteerism is increasingly recognized as a central partner with government and industry in doing the work of the Nation; and WHEREAS, the State has established the Office of Voluntary Citizen Participation in order to encourage and coordinate volunteer efforts throughout the State; and WHEREAS, it is fitting that a period of time be set aside each year to honor and to thank the dedicated citizens of Colorado who give so freely of their valuable time, energy, and abilities as volunteers. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the week of April 27 through May 3, 1981 as VOLUNTEER RECOGNITION WEEK in the City of Englewood and urge all citizens to help to renew and sustain the spirit and vitality of this great Nation by committing a portion of their time, however small, to addressing the needs of our community through voluntary action. GIVEN under my hand and seal this 20th day of April, 1981. Eugene L. Otis, Mayor • I • • • RESOLUTION NO. SE RI ES OF 1981 tt1 .. • • • A RESOLUTI<Ii AMENDING TH! PUB LIC IHP IOVJ!J£1fr FUND . WHEREAS, the City Co~mcil of the City of ID&lewood, Colorado, desires to .ake certain chanaes within the Public t.prove.ent Fund; NOW, THIIEPO&E, I! IT RESOLVED by the City Council of the City of En&lewood, Colorado, aa follows: SECTI<Ii 1. The followio& esti-ted revenues and appropriations of funds are hereby -de ill the Public 1..,rov-ot F1111d: SOURC! Or rtJMDS: Arapahoe County Road & lridae Urban Draillaae General Fund Transfer APPL1CATI<Ii OF rtiCDS: P1F -Fund lalance Handicap 'lallp Road & lrid&e Stora Drainaae -Little Dry Creek DcNntCJWD Plan City Survey lliver Develop-at -Phaae III Fire Station #3 Land Acquisition Fire Station #3 DCJWDtown Drainage & Traffic r..,rove .. nts Clarkson Street r-.rove-.nts River Develop.ent -Phase 11 $ 23,489 188,655 421,014 $ 633,158 $ 15,033 (72,700) 23,489 188,655 47,267 167 868,873 45,500 12,000 (47,267) (131,232) (316,627) $ 633,158 SECTION 2. The City Manager and Director of Finance are hereby authorized to aake the above changes to the 1981 budget of the City of En&levood. h !ln. . ADOPTED AND APPROVED this..20 G day of --T~,__tt.;;;..f..__ ______ , 1981. Mayor ATTEST: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City Colorado, do hereby certify that ;~e above and foregoing is a true, complete copy of Resolution No. ~· Series of 1981. Gary R. Higbee • of Englewood, accurate and I • • • • - SlXQUAJ.TEIIIUDCET APR IL, 1911 THIU SEPnlll!l, 1982 !XP. PIOI. 1M1 UPID. APPI.OP. TI!R U 9 /82 PR O ~. APPIO. IAL. IAL. &I , .. 4th TOTAL 1981 lot 2nd 3rd BUDGET P.T.D. P.T.D. 3/31/80 .!1!.!,. .!1!.!,. .!1!.!,. APPIO • 9!.!.!. ~ ~ 1. St o rl! Drainaae Cen. 406,421 406,4 21 389 ,897 16,524 0 • 0 • 0 0 $ 0 0 0 2. Little Dry Croak 1,729,000 801,8 2 ; 385.375 4 16,452 111,655 145,000 190,403 524,0 58 370,000 0 30,000 3 . Downtova Drainaa• ' Trilffic l•prov .. enta 1,300,000 332. 2 ~5 0 332,265 150,351 0 0 150,351 0 0 0 4. Downt own Plan 47,267 0 8, 732 (8, 732) 47,267 0 0 47.26 7 0 0 150 ,000 5. Traff ic 1-.:troveunt 265,850 215,850 121 ,979 93,171 0 0 0 0 0 50,000 0 6. Clarkeoe Str•et 225,000 204,44 7 4,447 200,000 61,768 0 0 68.76 8 0 0 0 7. StroH 4 Sidewalk Diot. 0 0 0 0 0 0 0 0 0 0 2(10 ,oco 8. load 4 lridaa 544,416 474,496 288,496 186,000 95,489 114,000 0 209,489 0 2 26' 700 0 9. Pavina Diotrict 12 7 600,000 93,100 86,500 6,600 0 0 0 0 0 0 0 10. City Survey 70,400 70,200 70,200 0 167 0 0 167 0 0 0 ll. Cen tennial Park 228,260 228' 26 0 218,367 '·"3 0 0 0 0 0 0 0 12. hllev1-Stor• Repair 300,000 282,703 279,366 3,337 0 0 0 0 0 c 0 13. ll.ndicapped Play Apparat101 24,000 24,000 0 24,000 0 0 0 0 0 0 0 14. l.iver Developae.nt Phaae 1 3,841,lll 3,848,11 1 3,840,522 7,519 0 0 0 0 0 0 0 15. Ri ver De•elop!lent Phaae 11 721, j()() 712,477 63,562 641,915 0 0 0 0 0 0 0 16. River Developc~ent Phaae Ill 171,127 178,127 7,846 170,211 161,173 0 0 168 ,873 0 0 0 17. F1 re Station 13 Land Ac q. 100,000 77,000 77,000 0 45,300 0 0 45,500 0 0 0 18. Fire Station 13 466 ;ooo 447,365 478 ,610 (31,315) 12,000 0 0 12,000 0 0 0 19 . Si devalk lepe! r 45,637 45 ,637 15,637 30,000 0 0 0 0 0 0 0 20 . Ha ndi cap hep 98,380 98,380 0 98,380 0 0 0 0 0 0 0 21. Du ncan School 40,000 40,000 17 '123 22,177 0 0 0 0 0 0 0 22. P!&to1 lanse 32,000 20,000 0 20,000 0 0 0 0 0 0 0 23. Br oadway le.autification 50,000 50,000 0 50,000 0 0 50,000 50,000 0 0 0 24 . North Pi re Station 500,000 0 0 0 0 0 0 0 0 0 0 25. Senior Caater Park 12 110,509 116,509 150,501 16,000 0 16,000 0 16,000 0 0 0 26. Ani ~a l Control Shelter 110,000 33,000 0 33,000 0 33,000 0 33,000 0 0 0 27. N. \..'. Fence Relocation 10,000 10,000 0 10,000 0 0 0 0 0 0 0 28. Rous!n& bhab!l!tat!on roo,ooo 0 0 0 0 0 0 0 0 1oo ,ooo 0 GRA.\1> TOTAL ~12,220,678 §8,860,175 ~1 50 4 1 231 12,355,937 !1,477,070 uoa,ooo 1240,403 12,025,473 1370,000 !376,700 $3 80 ,000 PIOIECTS CLOSED AT 12/31/80: Dartmouth Avenue StoTa Draiaaae; Stor• Draiuae-Pilter Pl .. t Jorth; Owarlay Procr .. Leh"" .benue lri .. e; Clarks on Street l11proveme n t; Sidewalk. lepaira; Senior Center; Land Purcha .. near !1.erly lo1>0!. .. Site; Police Patrol Cycla ; laocue Uait • t n • • \ • • • .. • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUIJECT April 14, 1981 a A SIX QUARTER BUDGET · INITIATED BY City Napager ACTION PROPOSED Conaidoratigp in adnpt'"9 • r••n'"•ian of tbe Six Quarter Budget -April 1981 throyqh September 1912 BACKGROUND: The Public Improvement Fund (PIF) Six-Quarter Budget process was adopted in the Summer of 1973. The essence of the Six-Quarter Budget is that the City has a continuing budget which extends one and one-half years into the future. Every quarter, the City Council reviews and analyzes this budget and if projects are delayed due to unavoidable circu..tancea, they are dropped back in this budget while projects ready to go are moved forward. The most current revenue forecasts are used and, if additional funds become available, specific projects could be moved forward and completed ahead of schedule or .a new or emergency project could be added. 1981 CHANGES:' LITTLE DRY CREEK Project was increased by $188,665 in the 2nd quarter of 1981 to recognize the same amount of revenue from Urban Drainage and Flood Control District. Those costs include 50% of the following items : 1. Little Dry Creek Bridge 2. Reach 11 Land Acquisition 3 . Reach 11 Land Acquisition 4. Land Acquisition at Clarkson $ 86,130 141,000 119,200 31,000 $ 377,330 X 50% $188,655 I • • 0 • • • • .. Downtown Drainage ' Traff i c Improvement Pro )e c t was r educed fro $197,618 to $150,351 in t h 2nd quarter. Th $47,267 reduction was transferred to the new project called Downtown Plan for the City's share in the planning of the downtown area with EDDA and Brady Corp. Clark son Street project was reduced from $200,000 to $68,768 due to lack of c1tizen petitions to include Clarkson in a Paving District this year. The $131,232 will be transferred to fund the new Golf Course Clubhouse. City Sur~ project which will establish horizontal and vertical control oughout the City was increased $167 to purchase metal range box lids to protect the land survey pins located in the streets. River Develop.ent Phase III project is the new clubhouse of the Golf Course. The 2nd quarter funds were increased from $316,627 to $868,873 to provide a total budget of $1,047,000. The additional monies included $131,232 from Clarkson Street and $421,014 from the General Fund 1980 year end unanticipated balance. Fire Station 13 Land Acquisition south of Layton Avenue on Acoma Street has been increased 1n the second quarter by $45,500 to cover the condemnation award of $112,500 plus $10,000 for appraisal costs and attorney and court fees. The $45,500 will be taken from the PIF balance. Fire Station 13 project was increased by $12,000 from the PIF balance inthesecond quarter to pay for the construction of the building. The project budget anticipated receiving $12,000 in revenues from sellirtg the old station site. Due to the fact that the sale of the station will not occur prior to final payment on the contract in the next couple of weeks, the $12,000is needed to make those payments. At such time as City Council decides to sell or lease the old site, those funds will be placed in the revenue fund of PIF for Council's disposition. 1982 CHANGES: Street and Sidewalk District is a paving district project to recon- struct and upgrade new and existing streets to city standards. The $200,000 in the 3rd quarter represents the City's share of the improve- ments such as intersections, tree removal, extra asphalt and basecourse thickness and width, and storm drainage. The remaining costs will be assessed to the property owners. Downtown Plan is receiving $150,000 in the 3rd quarter for the City's share in undetermined improvements in the downtown area. This is in response to City Council's 1981 budget approval for 1982 PIF projects • Little Dry Creek has $30,000 added in the 3rd quarter to help fund future design and construction projects to improve the 100-year flood basin on the creek. Urban Drainage and Flood Control District is expected to match these funds for a total increase of $60,000. • I • • • • .. • RECOMMENDATION: The attached resolution amending the Public Improvement Fund is presented for your consideration. .I _______ . • • I • • ( • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE April 16, 1981 AGENDA ITEM 8B SUBJECT Aid to Other Agencies INITIATED BY _C::.:i:..:t::.L-.=::=..c~--.4'------------------­ ACTION PROPOSED Approval of funds for Aid to Other Agencies Background Over the past several years, the City Council has authorized contributions to agencies that provide a variety of services to the citizens of Engle- wood. These contributions have generally been in recognition of the variety of work that these groups do for Englewood and to reimburse them, in part, for these services. The attached Exhibit A contains information on how Aid to Other Agencies has been distributed since 1976. At the Council retreat in September, 1980, Council identified several agencies for funding from the 1981 budget. Subsequent to those decisions two agencies -Community Arts Symphony and Arapahoe House -appealed to Council for additional funds. It was decided by Council to leave the funding for Arapahoe House as previously decided, but to reconsider the Community Arts Symphony donation at such time as the revenue figures for the first quarter of the year were available. Those figures were supplied to you last week. A list of the agencies recommended for funding and the amount as decided at the retreat are as follows : db a Community Arts Symphony Inter-Faith Task Force League of Women Voters Holiday Parade Arapahoe House Englewood Jaycees Recommendation $ 500 v 1 5oov.J.5t'l} 1o:ooov 700 v- 2. 000 v 5,5oov 500/1,000 We do need formal approval of the amounts listed above. Apparently the only one up for reconsideration is the Community Arts Symphony. We would appreciate a motion on these items at your Council meeting Monday night . • • I • • • • .. • EXHIBIT A ENGLEI«XlD CITY COUNCIL 1976-1980 AID TO OTHER AGENCIES 1976 1977 1978 1979 1980 Total Arapehoe House $ 5,000.00 $12,200 $ 5,550 $ 5,550 $ 5,550 $ 33,850.00 Arapahoe League of Wollen Voters 200.00 300 500 500 700 2,200.00 Arapehoe Menta 1 Hea.l th 1,000.00 1,000 0 0 0 2,000.00 Baton Tw111ers 0 0 500 0 0 500.00 Centenn1al-B1-Centenn1al Dinner 768.26 0 0 0 0 768.26 Ca..unity Arts S~hony 1,800.00 2,200 5,000 9,000 9,000 27,000.00 dba 0 0 0 0 3,000 3,000.00 Denver Area Boy Scouts 0 0 0 1,820 0 1,820.00 Denver Center for Perfol"'lling Arts 0 100 0 0 0 100.00 Denver Syt~~phony 0 100 0 0 0 100.00 Diamond Jubilee 0 0 2,000 0 0 2,000.00 Eco-Cycle 0 0 0 0 7,500 7,500.00 Englewood Jaycees 800.00 500 500 500 500 2,800.00 Englewood High School Band Trip 0 1,000 0 15,000 .... 0 16,000.00 Holiday Parade 2,500.00 2,000 2,500 2,500 2,500 12,000.00 ( Housing Authority 1,546.00 1,769 6,360 0 0 9,675.00 Inter-Faith Task Force 5,000.00 5,400 5,400 10,000 10,000 35,800.00 Miss Teenage Aler1ca Pageant National Institute of 0 0 0 180 0 180.00 Law Officers (NIMLO) 0 2,500 0 0 0 2,500.00 01 d T1111ers 0 430 500 0 0 930.00 St. Patrick's Day Parade 0 100 100 125 125 450.00 Town of Littleton cares 0 __ o 0 ___ o 11000 11000.00 TOTAL $18.614.26 $29.599 $28.910 $45.175 $39.875 $162.173.26 I . ( • • ( ( • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE SUBJECT April 16, 1981 AGENDA ITEM 8(c) FEE INCREASES, RECREATION DEPARTMENT INITIATED BY City Council ACTION PROPOSED Official ratification of Council's decision concerning fee increases for the Recreation Department. Background Over the last several months, Parks and Recreation Commission and City Council have been studying various alternatives for increasing Recreation fees. After much review and discussion of this subject, a final decision was made by Council at their study session on March 16, 1981, to increase the fees as follow: 1. Beginning with the 1981 Summer Recreation Program session, all non-Englewood residents who participate in any fee charged recreation program will be charged a 25\ higher fee than Englewood residents. 2. Beginning with the Fall, 1981 Junior American sports program, each participant will be charged $10 per year, which will entitle said participant to participate in all Jr. American activities offered. Recommendation e Council will need to ratify by motion the above listed recommendations. • • I • •