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Home My WebLink About1981-09-08 (Regular) Meeting AgendaCITY COUNCIL MEETING-Regular September 8, 1981 • • • • CITY COUNCIL MEETING SEPTEMBER 8 1981 • • • RESOLUTION I 41, 42, 43, 44, 45, 46 ORDINANCE ~ 67, 68, 69, 70, 71 • 0 0 I . • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 8, 1981 jo/ The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 8, 1981, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member 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 Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent : None. The Mayor declared a quorum present. * * * * * * Also present wer e: 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 AUGUST 17, 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, K na, Bi lo, Bradsh w, Otis. None. The Mayor declared th motion carried. * * * * * * Pre-s chedule d visitor J roes Taylor, 3709 South Sherman, was present. Mr. Taylor dia :uas d two kinds of tre problems that exist in the City. One w s th insects destroying the Chinese Elms and the second was the Tussock Moth which was destroying Evergreens • • I • - \ • • • • September 8, 1981 Page 2 Mr. Taylor stated the problem was worse on rental properties because the absentee owner will not take care of the trees. Mr. Taylor asked Council to consider a tree care program to remove tree limbs from the sidewalk to the curb, to subsidize the expense of caring for trees for people on fixed income , or to hire a forester who would exam the trees and enforce a program whereby citizens would have to take care of their trees or be fined or assessed a cost if the City would have to come in and take care of them. Council asked that the problem be discussed further at the retreat on the 1982 budget. * * * * * * Mayor Otis asked if there were any other visitors in the audience. Bob Brundage, 4140 South Huron , appeared before Council. Mr. Brundage stated he agreed with Mr. Taylor on the tree problem. Mr. Brundage stated another kind o f p r oblem existed with dips on Elati and Jefferson Streets. Maurice Merlin, 3688 South Sherman, appeared before Council. Mr. Merlin stated he agr e ed with Mr. Taylor. He stat- ed he takes car e o f the tr ees on h i s property but was surround- ed by properties wher e t r e es a r e not cared for a n d sprayed. Mr. Merlin suggested t hat the Ci ty he l p t he cit i z en wh o cares for his property. we r e: * * * * * * There wer e no other visito rs at t h i s t ime. * * * * * * "Communications -No Action Recommended" on t he agenda ( ) (b) (c) (d) Minut s of th Board of Car erSe r vi ce Com - mie ion rs m etings of May 2 8 , June 18 , July 15, and July 16, 1981. Minut of th Gov rnments m Minut s of th July 29. 1981. D nv r R gion 1 Co un c i l o f ting o July 15, 1 981. Hou ing Au hority m eting of Minut a o th Do wn town D v 1opm n t Authority m tin of July 29. 19 81 . • I • • September 8, 1981 Page 3 (e) (f) • • .. • Minutes of the Parks and Recreation Commission meeting of August 13, 1981. Municipal Court Activity Report for the month of July, 1981. COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE "COMMUNICATIONS - NO ACTION RECOMMENDED", AGENDA ITEMS S(A) -S(F). Council Member Keena seconded the motion. Council Member Keena noted under S(e), the recommenda- tion from the Commission was only accepted. Upon a call of the 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 Mr. Werner Schnackenberg concerning his resignation from the Water and Sewer Board. COUNCIL MEMBER NEAL MOVED TO ACCEPT MR. SCHNACKENBERG'S RESIGNA TION AND TO SEND HIM A LETTE R OF APPRECIATION FOR HIS SER- VICE. 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 decl r d the motion carried. Council instructed the City Manager to notify citizens wh ose 1 tters re on file and interested in the Water and Sewer Board of this v caney; and 1 o, instructed th City Manager to advertize th vacancy. * * * * * * Mayor Ot i s pr s nt .d a lett r from Mr. Hart D. Gilchriat cone rning his r signation from th Urban R n wal Authority • • I • - • September 8, 1981 Page 4 • • • COUNCIL MEMBER KEENA MOVED TO ACCEPT MR. GILCHRIST'S RESIGNATION AND TO SEND HIM A LETTER OF APPRECIATION FOR HIS SERVICE. 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. * * * * * * . Mayor Otis presented the minutes of the special Library Board meeting of September 1, 1981, concerning a recommendation re- lating to the Denver Public Library. COUNCIL MEMBER FITZPATRICK MOVED TO RECEIVE THE RECOM- MENDATION. 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 t he motion carried. Council Member Bradshaw asked that the Library Board be informed of Cou n cil's receipt of the recommendation and that Council will offer to help the Englewood Library in whatever it could. ORDINANCE NO. 66 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BI LL NO. 72 INTRODUCE D.BY COUNCIL MEMB ER BRADSHAW AN ORDINANCE APPROV ING A CONTRACT BETWEEN THE CIT Y OF ENGLEWOOD AND THE ST ATE OF COLORADO, DEPARTMENT OF HIGHWAYS, CONCERNING MA I NTENANCE OF TRAFFIC CONT ROL DEVICES ON STATE HIGHWAYS WITKIN THE CITY OF ENGLEWOOD • • 0 I • • • September 8, 1981 Page 5 • • • COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 72, SERIES OF 1981, ON FINAL READING. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted as follows : Ay es : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Ma yor declared t he mo t ion c a rried. ORDINANC E NO. SERIES OF 1 981-- * * * * * * BY AUTHORITY A BI LL FOR COUN CIL BILL NO. 71 I NTRODUCED BY COUNCIL MEMB ER NEAL AN ORDINANC E REP EALIN G SECTIO NS 1, 2, 3 , AND 4 OF CHAPTER 4 , TITLE IX, ENGL EWOOD MUNICIPAL CO DE OF '69, AS AMEND ED, CON- CERN I NG FOO D DE ALE RS . COUNCIL MEMBER NEAL MO VED TO PAS S COUNCI L BILL NO. 71 , SER I ES OF 19 8 1, ON FI RST RE AD I NG. Co un c i l Member Higday seconded t h e motion. Council Member Neal spoke in favor of t h e b i ll in tha t he s aw no reason to disallow ice cream t r u c ks. Council Member Fitzpatrick spoke in opposition . Mr . Fitzpatrick stat d a noise factor was involved. Council Member Higd y spoke in favor. H stated the trucks add another dim nsion to r aid ntial activity. Council Member Bilo oppos d the bill. Mr. Bilo sta ted he felt the City did not n d the add d noise or possible inj ury to children. Upon a c 11 of th roll, th vote resulted as foll ow s: Ayes : N ya : Council Memb ra Higd y, Neal, Keena . Council M mb rs Fitzpatrick, Bilo, Br dahaw, Otis • • I . • • September 8, 1981 Page 6 • • • The Mayor declared the motion defeated. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 77 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINAN CE AMENDING TITLE IX, CHAPTER 4, SECTION 3, OF THE ENGLEWOOD MUNICIPAL CODE OF '69, AS AMENDED, ALLOWING DELIVERY OF FOOD PRODUCTS TO EMPLOYEES OF COMMERCIAL AND INDUSTRIAL ES- TABLISHMENTS ON PUBLIC RIGHT-OF-WAY. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 77, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion. COUNCIL MEMBER NEAL MOVED TO AMEND THE MOTION BY ADDING IN SECTION 9-4-3, 2) THE WORDS "CONSTRUCTION," AFTER "COMMERCIAL". Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, K ena, Bilo, Bradshaw, Otis. None. The Mayor decl red the motion carried. ORDINANCE NO. SERIES OF 1981-- * * * * * * BY AUTHORITY • COUNCIL BILL NO. 76 INTRODUCED BY COUNCIL MEMBER BILO I • • September 8, 1981 Page 7 • • - A BILL FOR AN ORDINANCE AM ENDING TITLE IX, CHAPTER 6, SECTION 35, BY ADDING A PROVISION REQUIRING A DEPOSIT FEE FOR A BUSINESS THAT CONDUCTS A "GOING-OUT-O F-BUS INESS SALE ". COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 76, SERIES OF 1981, ON FI RS T READING. Co uncil Member Fitzpatrick seconded the motion. Discussed ensued on the intent of the bill. City At- torney DeW it t stated the bill would provide for a review of sales and bring ~ business up to c urrent tax payments due. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Coun c il Members Higday, Fitzpatrick, Bilo, Ot i s. Coun cil Members Neal , Keena, Bradshaw. The Mayor de clared the motion carried. ORDINANCE NO. SE RIES OF 1981 * * * * * * BY AUTHOR I TY A BILL FOR COUNCIL BILL NO. 74 INTRODUCED BY COU NCIL MEMBER NEAL AN ORDINAN CE FOR THE CONTROL OF ITE MS OF DE BRIS WH I CH ACCUMULATE UPON AND NEED REMOVAL FROM REAL PROPE RTY WITHIN TH E CITY OF ENGLEWOOD IN ORDER TO MAI NT AI N A CLEAN , BEAUTI FU L AND HEALTHY CITY , AN D PROVIDING STANDARDS, PROCE DUR ES AND REM EDI ES THEREFOR. COUNCIL MEMBER NEAL MOVED TO PASS COUN CIL ~I L L NO. 74, SER IES OF 1981, ON FIRST RE ADING. Counci l Memb er P'gday s c - ond ed the motion. Di cus d nsu d cone rning i n te rpretation and enforce- ment o c rtain provision . COUNCIL MF.MBER HIGDAY MOVE D TO TAB LE COUNCIL BILL NO . 74, SERIES OF t 81. Council M mb r Br d s haw s econded th mot ion. • I • • • September 8, 1981 Page 8 • • • Council Member Keena asked that the topic of cutting weeds on an on-going basis be discussed at the same study session as Council Bill No. 74. City Manager McCown stated there could be some legal problems in due process of law for perpetual cutting of weeds. Assistant City Manager Wanush stated the process might be expedited by administrat ive pol ic y. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Oti s. Non e . The Mayor declared the motion carried. ORDINAN CE NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 78 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINAN CE APPROVING THE TRANSFER OF REAL PROPERTY TO THE WRITER CORPORATION IN RETURN FOR REAL PROPERTY IN ORDER TO SIMPLIFY THE PROPER TY LINE BETWEEN TWO PARTIES OWNERSHIP. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 78, SERIES OF 1981, ON FIRST READING. Council Member Bilo seconded the motion. Upon a call of th roll, the vote resulted as follows : Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Ke na, Bilo , Brad haw, Otis. Non • Th M yor decl red th motion c rri d. * * * It * * City At to rney D Witt transmitt d a r port on th Dart Board. Mr. 0 Witt stat d th Court upheld th City Council's d - cision to usp nd the 0 r ard. Mr. 0 Witt 1u g It d that Coun- cil revi w its o pinion in this matt r nd consld r th approprlat • I • • • September 8, 1981 Page 9 • • .. days The Dart Board will serve its penalty. Mr. DeWitt suggested delaying at least fifteen days to see if the Dart Board would ap- peal the decision. COUNCIL MEMBER NEAL MOVED TO TABLE THE DART BOARD MAT- TER. Council Member Higday seconded the motion. Upon a call of the roll , the vote resulted as follows : Ayes : Nays : Council Members Higday, Neal , Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt transmitted a report on the matter of Colorado Springs vs. Water Quality Control Commission, City, et al. Mr. DeWitt stated he wou ld keep Council advised of any steps Colorado Springs take in this matter. * * * * * * City Attorn y D Witt pres nted a Notice of Termina- tion of Encroachm nt. r. D i t requested that Council accept the notice of this rmination of n encroachment by a land owner to clear the titl o tha h property could be sold. COUNCIL M MB TERMINATION OF ENCROACH. Member Bilo seconded th vote resulted s follow A MOVED TO APPROVE THE NOTICE OF DATED SEPTE MBER 2, 1981. Council Upon a call of the roll, the Ayes : Council H mb rs Higday, Neal, Fitzpatrick, na, Bilo, Bradshaw, Otis. Nay Non • Th Mayor d c lared the motion carried , * * * * * • City Attorney DeWitt stated 7-1-7 dealing with admini- strative procedures is being prepared with proposed changes and he would pr sent the new section at th next regular Council meeting. * * • * * * • I • ...... • September 8, 1981 Page 10 • • .. City Manager McCown presented a Council Communication from the Department of Engineering Services concerning the award of construction contract for Overlay Program 1981. Mr. McCown recommended the award of bid go to Titan Sand & Gravel, Inc.; and also, if there are additional funds available, that staff be allowed to negotiate with Titan Sand & Gravel, Inc. for addi- tional work. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE BID FOR $165,950.15 TO TITAN SAND & GRAVEL, INC.; AND TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE WITH TITAN SAND & GRAVEL, INC. TO OVERLAY THE ADDITIONAL STREETS. 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 transmitted the proposed 1982 budget. COUNCIL MEMBER BILO MOVED TO SET THE PUBLIC HEARING ON THE PROPOSED 1982 BUDGET FOR MONDAY, SEPTEMBER 28, 1981, AT 7:00 P.M. 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 c rried. * * * * * * COUNCIL MEMBER BILO MOVED TO SET THE PUBLIC HEARING ON THE PROPOSED USES FOR 1982 GENERAL REVENUE SHARING FUNDS FOR MON- DAY, SEPTEMB ER 28, 1981, AT 7:00 P.M. Council Member Keena sec- onded the motion. Upon a c 11 of the roll, th vote resulted as follows : Ayes: Council M mb rs Higday, Neal, Fitzpatrick, K na, Bilo, Bradshaw, Otis • • I • • - • • • • September 8, 1981 Page ll Nays : None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO AUTHORIZE $1,500 IN SUP- PLEMENTAL FUNDS TO THE ARAPAHOE HOUSE FOR 1981. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows : 9:15 p.m. Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at • . ' I . - • • • REGULAR MEETING : • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 8, 1981 !tY The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 8, 1981, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member 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 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 REG ULAR MEETING OF AUGUST 17, 1981. Council Member Fitzpatrick seconded the motion. Upon a c ll of the roll, the vote resulted as follows : Ay a : Na y Co un c i l M mb rs Higday, Neal, Fitzpatrick, K n , Bllo, Br dsh w, Otis. one. Th Mayor declared th motion c rri d. * * * * * Pre-c h dul d vi itor Jam a Taylor, 3709 South Sherman, was pr a nt. Mr . T ylo r discuss d two kinde of tr probl ma that xiat in th City. On was h ina eta destroying th Chin a Elms and th second w a th Tua ock Mo h which was d atroyin Evergreena • • I • - • • • ,. • September 8, 1981 Page 2 Mr. Taylor stated the problem was worse on rental properties because the absentee owner will not take care of the trees. Mr. Taylor asked Council to consider a tree care program to remove tree limbs from the sidewalk to the curb, to subsidize the expense of caring for trees for people on fixed income, or to hire a forester who would exam the trees and enforce a program whereby citizens would have to take care of their trees or be fined or assessed a cost if the City would have to come in and take care of them. Council asked that the problem be discussed further at the retreat on the 1982 budget. * * * * * * Mayor Otis asked if there were any other visitors in the audience. Bob Brundage, 4140 South Huron, appeared before Council. Mr. Brundage stated he agreed with Mr. Taylor on the tree problem. Mr. Brundage stated another kind of problem existed with dips on Elati and Jefferson Streets. Maurice Merlin, 3688 South Sherman, appeared before Council. Mr. Merlin stated he agreed with Mr. Taylor. He stat- ed he takes care of the trees on his property but was surround- ed by properties where trees are not cared for and sprayed. Mr. Merlin suggested that the City help the citizen who cares for his property. wer e: * * * * * * There were no other visitor s at this time. * * * * * * "Communications -No Action Recommended" on the agenda (a) (b) (c) (d) Minutes of the Board of Career-Service Com- mie ion rs meetings of May 2 8, June 18, July 15, and Ju ly 16 , 1981. Minutes of the Denver Regional Council of Gov rnm nts m eting of July 15, 1981. Minut a of th Housing Authority meeting of July 29, 1981. Minutes o m in o th Downt o wn Developm nt Authority July 29, 1981. • I • - September 8, 1981 Page 3 (e) (f) • • • Minutes of the Parks and Recreation Commission meeting of August 13, 1981. Municipal Court Activity Report for the month of July, 1981. COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE "COMMUNICATIONS - NO ACTION RECOMMENDED", AGENDA ITEMS S(A) -S(F). Council Member Keena seconded the motion. Council Member Keena noted under S(e), the recommenda- tion from the Commission was only accepted. Upon a call of the 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 Mr. Werner Schnackenberg concerning his resignation from the Water and Sewer Board. COUNCIL MEMBER NEAL MOVED TO ACCEPT MR. SCHNACKENBERG'S RESIGNATION AND TO SEND HIM A LETTER OF APPRECIATION FOR HIS SER- VICE. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Na ys : Council Memb e rs Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. on Th Mayor decl r d th motion carri d. Council instructed the City Manager to notify citizens whose letters are on file and intere ted in the Water and Sewer Board of this vacan cy; and also, instructed the City Manager to advertize th vacancy. * * * * * * Mayo r Otis pr aented a 1 tt r from Mr. Hart D. Gilchrist cone rnin hia r sign tion from th Urban R n wal Authority. • • I • • • September 8, 1981 Page 4 • • • COUNCIL MEMBER KEENA MOVED TO ACCEPT MR. GILCHRIST'S RESIGNATION AND TO SEND HIM A LETTER OF APPRECIATION FOR HIS SERVICE. 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. * * * * * * Mayor Otis presented the minutes of the special Library Board meeting of September 1, 1981, concerning a recommendation re- lating to the Denver Public Library. COUNCIL MEMBER FITZPATRICK MOVED TO RECEIVE THE RECOM- MENDATION. 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. Council Member Bradshaw asked that the Library Board be informed of Council's rece ipt of the recommendation and that Council will offer to help the Englewood Library in whatever it could. ORDINAN CE NO. 66 SERI ES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 72 INTRODUCED.BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ST ATE OF COLO RADO, DEPART MENT OF HIGHWAYS, CONCERNING MAIN TENANCE OF TRAFFIC CO NTROL DEVICES ON STATE HIGHWAYS WITHIN THE CITY OF ENGL ~WOOD. • I • • • September 8, 1981 Page 5 • • • COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 72, SERIES OF 1981, ON FINAL READING. Council Member Fitz- patrick seconded the motion. Upon a call of the 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. 71 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE REPEALING SECTIONS 1, 2, 3, AND 4 OF CHAPTER 4, TITLE IX, ENGLEWOOD MUNICIPAL CODE OF '69, AS AMENDED, CON- CERNING FOOD DEALERS. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 71, SERIES OF 19 81, ON FIRST READING. Council Member Higday seconded the motion. Council Member N al spoke in favor of the bill in that he saw no reason to disallow ice cream trucks. Council Member Fitzpatrick spoke in opposition. Hr. Fitzpatrick st ated a noise factor was involved. Council Member Hi d y spok in favor. H stated the trucks add another dim nsion to r sidential activity . Council Member Bilo opposed the bill. Mr. Bilo stated he felt the City did not n ed the dded noise or possible injury to children . Upon c 11 of th roll, th vote resu lted as follows: Ay s : Council Memb ra Higd y, N al, K na. N ys: Council M mb ra Fitzp trick, Bilo, Bradshaw, Oti • • I • • - • September 8, 1981 Page 6 • • - The Mayor declared the motion defeated. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 77 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING TITLE IX, CHAPTER 4, SECTION 3, OF THE ENGLEWOOD MUNICIPAL CODE OF '69, AS AMENDED, ALLOWING DELIVERY OF FOOD PRODUCTS TO EMPLOYEES OF COMMERCIAL AND INDUST RIAL ES- TABLISHMENTS ON PUBLIC RIGHT-OF-WAY. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BIL L NO. 77, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion. COUNCIL MEMBER NEAL MOVED TO AMEND THE MOTION BY ADDING IN SECTION 9-4-3, 2) THE WORDS "CO NSTRUCTION," AFTER "COMMERCIAL". Council Membe r Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena , Bilo , Bradshaw, Otis. None. The Mayo r declared the motion carried. Upon a call of the roll, the vote on the original mo-tion resulted as follows: Ayes : Nays : Council Memb rs Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declar d the motion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY • COUNCIL BILL NO. 76 INTRODUCED BY COUNCIL MEMBER BILO I • • - • September 8, 1981 Page 7 • • • A BILL FOR AN ORDINANCE AM EN DING TITLE IX, CHAPTER 6, SECTION 35, BY ADDING A PROVISION REQUIRING A DEPOSIT FEE FOR A BUS INESS THAT CONDUCTS A "GOING-OUT-O F-BUSINESS SALE", COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 76, SERIES OF 1981 , ON FIRST READING. Council Member Fi tzpatrick seconded the motion. Discussed ensued on the intent of the bill. City At- torney DeWi tt stated the bill would provide for a review of sales and bring ~ business up to current tax payments due. Upon a call o f the roll, the vote resulted as follows: Ayes : Nays : Coun ci l Members Higday, Fitzpatrick, Bilo, Otis. Co un cil Members Neal, Keena , Bradshaw. The Mayor dec l ared the motion carried. ORDINAN CE NO. SERIES OF 1 98 1 * * * * * * BY AUTHORITY A BILL FOR COUN CI L BILL NO. 74 INT RODUCED BY COUNCIL MEMBER NEAL AN ORDINAN CE FOR THE CONT ROL OF ITE MS OF DE BR I S WH I CH ACCUMULATE UPON AND NEED REMOVAL FROM REAL PRO PE RTY WI THI N TH E CITY OF ENGLEWOO D I N ORDER TO MA INT AI N A CLE AN , BEAUT IFUL AND HEALTHY CITY , AN D PROVIDING STANDARDS, PROCEDURES AND REMEDIES THEREFOR. COUNCIL MEMBER NEAL MOVED TO PASS COU NCIL ~ILL NO. 74, · SERI ES OF 1981, ON FIRST READING. Council Me mber Higday s ec -onded the motion. Discuss d ensued concerning interpretat ion a nd enfo rce-ment o f certain provisions. COUNCIL MEMBER HIGDAY MOVED TO TABLE COU NCIL BILL NO. 74, SERIES OF 19 81. Council M mber Br dshaw s con d e d the moti on . • I • - • September 8, 1981 Page 8 • • • Counci l Member Ke e na asked that the topic of cutting weeds on an on-going basis be discussed at the same study session as Council Bill No. 74. City Manager Mc Cown stated there could be some legal problems in due process of law for perpetual cutting of weeds. Assistant City Manager Wanush stated the process might be expedited by administrative policy. Upon a call of t h e roll, the vote res ult e d as f ollows: Ay es : Na y s : Counci l Memb e rs Higday, Neal , Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Non e . Th e Mayo r dec lared th e motion c a r r i ed. ORDINANC E NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUN CI L BILL NO. 78 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINAN CE APPROV I NG THE TRA NSFER OF REAL PROPERTY TO THE WRITER CORPORAT I ON IN RETU RN FO R REAL PROPE RTY IN ORDER TO SI MPLIFY THE PROPERTY LI NE BET WEEN TWO PARTIES OWN ERSHIP . COUNCIL MEMBER FITZPATRICK MOVED TO PASS COU NCIL BI LL NO. 78, SERIES OF 1981, ON FIRST READING. Co uncil Mem ber Bi lo s econded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays . Council M mbers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Th Mayor declar d th motion c rried. * * * * * * Ci y Attorn y 0 Witt tranemitted a report on the Dart Board. Mr. 0 Witt t t d th Court uph ld the City Council'e de - ciaion to au p nd h 0 rt Board. Mr. D Witt sugg at d that Co un - cil r vi w its opinion in hi m tt r and consider th ppropriate • I • - • September 8, 1981 Page 9 • • • days The Dart Board will serve its penalty. Mr. DeWitt suggested delaying at least fifteen days to see if the Dart Board would ap-peal the decision. COUNCIL MEMBER NEAL MOVED TO TABLE THE DART BOARD MAT- TER. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Na ys: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt transmitted a report on the matter of Colorado Springs vs. Water Quality Control Commission, City, et al. Mr. DeWitt stated he would keep Council advised of any steps Colorado Springs takes in this matter. * * * * * * City Attorney DeWitt presented a Notice of Termina- tion of Encroachment. Mr. DeWitt requested that Council accept the notice of this termination of an encroachment by a land owner to clear the title so that the property could be sold. COUNCIL MEMB ER KEENA MOVED TO APPROVE THE NOTICE OF TERMINATION OF ENCROACHMENT DATED SEPTEMBER 2, 1981. Council Member Bilo se conded the motion. Upon a call of the roll, the vote resulte d as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor d c lared he motion carried. * * * * * * City Attorney DeWit st ted 7-l-7 dealing with adm ini- strative procedur s i being pr pared with propos d ch nges and he wou ld pre ent th n w section at the n xt r gul r Council meeting. * * * * * • I • - • September 8, 1981 Page 10 • • • City Manager McCown presented a Council Communication from the Department of Engineering Services concerning the award of construction contract for Overlay Program 1981. Mr. McCown recommended the award of bid go to Titan Sand & Gravel, Inc.; and also, if there are additional funds available, that staff be allowed to negotiate with Titan Sand & Gravel, Inc. for addi- tional work. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE BID FOR $165,950.15 TO TITAN SAND & GRAVEL, INC.; AND TO AUTHORIZE THE CITY MANAG ER TO NEGOTIATE WITH TITAN SAND & GRAVEL, INC. TO OVERLAY THE ADDITIONAL STREETS . 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 Manag er McCown transmitted the proposed 1982 budget, COUNCIL MEMBER BILO MOVED TO SET THE PUBLIC HEARING ON THE PROPOSED 1982 BUDGET FOR MONDAY, SEPTEMBER 28, 1981, AT 7 :00 P.M. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw , Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BILO MOVED TO SET THE PUBLIC HEARING ON THE PROPOSED USES FOR 1982 GENERAL REVEN UE SHARING FUNDS FOR MON- DAY, SE PTEMBER 28, 1981, AT 7:00 P .M. Cou ncil Member Keena sec- onded the motion. Upon a c 11 of the roll, the vot resulted as follows : Ay Council M mb rs Higd y, Neal, Fitzpatrick, en , Bilo, Bradshaw, Otis • • I • • • • • September 8, 1981 Page 11 Nays : None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO AUTHORIZE $1,500 IN SUP- PLEMENTAL FUNDS TO THE ARAPAHOE HOUSE FOR 1981. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows : 9 :15 p.m. Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at • . ' I . • REGULAR ME ETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO Septemb er 8 , 1981 jo/ The City Council of the City of Englewood, Arapahoe County, Colorado , met in regular session on September 8, 1981, at 7:30 p.m. Mayor Otis, presiding, c alled the meeting to order. The invocation was given by Council Member Fitzpatrick. The pledge o f allegiance was led by Boy Scout Troop #92 . Mayor Ot is asked for roll call. Upon a call of the roll, the following we~e present: Council Members Higday, Neal , Fitzpatrick, Keena, Bilo, Bradsha w, Otis. Abs ent: None. The Mayor declared a quorum present. * * * * * * Also present wer e: City Manager McCown Assistant City Manager Wanush City Attorney DeWitt Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BRADSHAW MOV ED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 17, 1981. Council Member Fitzpatrick seconde d the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nay Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor d clared the motion carried. * * * * * * Pre-sch dul d visitor James Taylor, 3709 South Sherman, was present. Mr. T ylor discussed two kinds of tre problems that exist in th City. On w s th insects de troying the Chine• Elma and th econd was th Tussock Mo h which was d straying Evergreena • • I • • • • • • September 8 , 1981 Page 2 Mr. Taylor stated the problem was worse on rental properties because the absentee owner will not take care of the trees. Mr. Taylor asked Council to consider a tree care program to remove tree limbs from the sidewalk to the curb, to subsidize the expense of caring for trees for people on f ixed income , or to hire a forester who would exam the trees and enforce a program whereby citizens would have to take care of their trees or be fined or assessed a cost if the City would have to come in and take care of them. Council asked that t he problem be d i s cussed further at the retrea t on the 1 98 2 b udg e t. * * * * * * Mayo r Otis asked if there were any other visitors in the audience. Bob Brund a ge, 4140 So uth Huron, appeared befo r e Council. Mr. Brund age s ta ted h e agr eed with Mr. Taylor on the tree problem. Mr. Brundage sta t ed ano t her k ind of probl em existed with dips on Elati and J ef ferso n Stre et s . Maurice Mer lin, 3 688 So uth Sherman , appeared before Council. Mr. Merlin stat ed he agr ee d wi th Mr. Taylor. He stat- ed he takes c a r e o f t h e tre e s on h is pro perty but was surround- ed by properties whe re t r ee s are no t c ared for a n d sprayed. Mr. Merlin sugg es ted t h a t the City help t h e ci t izen who cares for his proper t y. were: * * * * * * There were no other visitors at t h is time . * * * * * * "Communications -No Action Recommended" on the agenda (a) (b) (c) (d) Minutes of the Board of Career"Service Com- mi s ioners m etings of May 28, June 18, July 15, and July 16, 1981. Minutes of the Denver Regional Cou n cil o f Governments meeting of July 15, 1981. Minutes of the Housing Authority m eting of July 29, 1981. Minutes of the Downtown Development Au thority me ting of July 29, 1981 • • I • • September 8 , 1981 Page 3 (e) (f) • • • Minutes of the Parks and Recreation Commission meeting of August 13, 1981. Municipal Court Activity Report for the month of July, 1981. COUNCIL MEMB ER BRADSHAW MOVED TO RECEIVE "COMMUNICATIONS - NO ACTION RECOMMENDED", AGENDA ITEMS S(A) -S(F). Council Member Keena seconded the motion . Counci l Membe r Keena noted under S(e) , the recommenda- tion from the Commission was only accepted. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Memb ers Higday, Neal, Fi tzpatrick, Keena, Bi lo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a lett r from Mr. Werner Schnackenberg concerning his resignation from the Water nd Sewer Board. COUNCIL MEMB ER NEAL MOVED TO ACCEPT MR. SCH NA CKENBERG'S RESIGNA TION AND TO SEND HIM A LETTER OF APPRECIATION FOR HIS SER- VI CE. 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, Br dshaw, Otis. None. The Mayor d cl red th motion c rri d. Council instructed the City M n ger to notify citizens whos e letters are on file and interest d in the Water and Se wer Board of this vacancy; and also, instructed the City Manager to advertize th vacancy. Mayor Otis pr s nted l tt r from Mr. Hart D. Gilchrist cone rnin his re ignation from th Urban R n wal Authority. • • I • - • September 8, 1981 Page 4 • • • COUNCIL MEMBER KEENA MOVED TO ACCEPT MR. GILCHRIST'S RESIGNATION AND TO SEND HIM A LETTER OF APPRECIATION FOR HIS SERVICE. 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 t he motion carried. * * * * * * Mayor Otis presented the minutes of the special Library Board meeting of September 1, 1981, concerning a recommendation re- lating to the Denver Public Library. COUNCIL MEMBER FITZPATRICK MOVED TO RECEIVE THE RECOM- MENDATION. 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. Council Member Bradshaw asked that the Library Board be informed of Council's receipt of the recommendation and that Council will offer to help the Englewood Library in whatever it could. ORDINANCE NO. 66 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 72 lNTRODUCED.BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE STAT OF COLORADO, DEPARTMENT OF HIGHWAYS, CONCERNING MAINTENANCE OF TRAFFIC CONTROL DEVICES ON STATE HIGHWAYS WITHIN THE CITY OF ENGLt OOD . • I • -- • September 8, 1981 Page 5 • • • COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 72, SERI ES OF 1981, ON FINAL READING. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Me mbers Higday, Neal, Fitzpatrick, Keena , Bilo , Bradshaw, Otis. No ne . Th e Ma yor de c lared t h e mo t ion carr i ed. ORDINANCE NO. SERIES OF 1 981-- * * * * * * BY AUTHOR I TY A BILL FOR COUN CI L BILL NO. 71 INTRODU CED BY COUNCIL MEMB ER NEAL AN ORDINANCE REPEA LING SE CTI ON S 1, 2 , 3 , AND 4 OF CHAPTER 4, TITLE IX, EN GLE WOO D MU NI CIPA L COD E OF '69, AS AMENDED, CON-CERNING FOO D DEA LE RS. COUNCIL MEMBER NEAL MO VED TO PAS S COUNC IL BILL NO. 7 1, SERIES OF 1981, ON FIRST READ ING . Counci l Membe r Higday se conded the motion. Council Member N al spok in favor of the bill in th at h e saw no reason to disallow ice cream trucks. Council Member Fitzpatrick spoke in opposition. Mr. Fitzpatrick stated a noise factor was involved. Council Member Higday spoke in favor. He stated the trucks add another dimension to residential activity~ Council M mb r Bilo opposed the bill. Mr. Bilo stated he felt the City did not need the added noise or possible injury to children. Upon call of the roll, the vote resulted as follows: Ay s : Council Memb rs Higday, Neal, Keena, Nays : Council M mbers Fitzp trick, Bilo, Bradshaw, Ott. • • I • • - • September 8, 1981 Page 6 • • • The Mayor declared the motion defeated. ORDINANCE NO, SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 77 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING TITLE IX, CHAPTER 4, SECTION 3, OF THE ENGLEWOOD MUNICIPAL CODE OF '69, AS AMENDED, ALLOWING DELIVERY OF FOOD PRODUCTS TO EMPLOYEES OF COMMERCIAL AND INDUSTRIAL ES-TABLISHMENTS ON PUBLIC RIGHT-OF-WAY, COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 77, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion. COUNCIL MEMBER NEAL MOVED TO AMEND THE MOTION BY ADDING IN SECTION 9-4-3, 2) THE WORDS "CONSTRUCTION," AFTER "COMMERCIAL". Council Member Higday seconded the motion, Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Higday , Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The ~yor declared the motion carried. Upon a call of the roll, the vote on the original mo-tion resulted s follows: Ayes : Nays : Council Members Higday, N al, Fitzpatrick, K ena, Bilo, Bradshaw, Otis. None. The Mayor declared th motion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHO RI TY • COUNCIL BILL NO. 76 INTRODUCED BY COUNCIL H MBER BILO I • • September 8, 1981 Page 7 • • • A BILL FOR AN ORDINANC E AMENDING TITLE IX, CHAPTER 6, SECTION 35, BY ADDING A PROVISION REQUIRING A DEPOSIT FEE FOR A BUSINESS THAT CONDUCTS A "GOING -OUT-OF-BUSINESS SALE". COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 76, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion. Discussed ensued on the intent of the bill. City At- torney DeWi tt sta ted the bill would provide for a review of sales and bring ~ business up to current tax payments due. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Fitzpatrick, Bilo, Otis. Council Members Neal , Keena , Bradshaw. The Mayor declared the motion carried. ORDINAN CE NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COU NCIL BILL NO. 74 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE FOR THE CONTROL OF ITEMS OF DEBRIS WHICH ACCUMULATE UPON AN D NEED REMOVAL FROM REAL PROPERTY WITHIN THE CITY OF ENGLEWOO D IN ORDER TO MAINTAIN A CLE AN , BEAUTIFUL AND HEALTHY CITY, AND PROVIDING STANDARDS, PROCEDURES AND REMEDIES THEREFOR. COUNCIL MEMBE NEAL MOVED TO PASS COU NCI L ~ILL NO. 74, SERIES OF 198 , ON FIRST READING. Council Member Higday sec-onded th motion. Di cuss d en u d cone rning int rpr tation and enforc -ment of cert in provisions. COUNCIL MF.MBER HlGDAY MOVED TO TABLE COUNCIL BILL NO. 74, SERIES OF 1981. Council M mber Bradshaw econd d th mo tion. • I • • • September 8, 1981 Page 8 • • • Council Member Keena asked that the topic of cutting weeds on an on-going basis be discussed at the same study session as Council Bill No. 74. City Manager McCown stated there could be some legal problems in due process of law for perpetual cutting of weeds. Assistant City Manager Wanush stated the process might be exped i ted by administrative policy. Upon a call of the roll, the vote resulted as follows: Ay es : Nays : Coun cil Memb er s Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORI TY A BILL FOR COUNCIL BIL L NO. 78 INTRODUCED BY COUNCIL MEMB ER FITZPATRICK AN ORDINAN CE APPROV ING THE TRANSFER OF REAL PROPERTY TO THE WRITER CORPORATIO N IN RETURN FOR REAL PROPERTY IN ORDER TO SI MPL I FY THE PROPERTY LINE BETWEEN TWO PARTIES OWNERSHIP. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COU NCIL BILL NO. 78, 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 Me mber s Higday, Neal, Fitzpatrick, Keen , Bilo , Bradsh w, Otis. Non • The Mayor d clar d the motion carri d. * * * * * * D Witt tranamitt d a r port on the Dart Bo rd. d th Cour uph ld th City Council's d - ciaion to ausp nd h D rt rd. Hr. D Witt augg at d th t Coun- cil r vi w its opinion in this matt r and coneider th ppropriate • I • • • September 8, 1981 Page 9 • • • days The Dart Board will serve its penalty. Mr. DeWitt suggested delaying at least fifteen days to see if the Dart Board would ap- peal the decision. COUNCIL MEMBER NEAL MOVED TO TABLE THE DART BOARD MAT- TER. Counc il Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal , Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt transmitted a report on the matter of Colorado Springs vs. Water Quality Control Commission, City, et al. Mr. DeWitt stated he would keep Council advised of any steps Colorado Springs takes in this matter. * * * * * * City Attorney DeWitt presented a Notice of Termina- tion of Encroachment. Mr. DeWitt requested that Council accept the notice of this termination of an encroachment by a land owner to clear the title so that the property could be sold. COUNCIL MEMBER KEENA MOVED TO APPROVE THE NOTICE OF TERMINATION OF ENCROACHMENT DATED SEPTEMBER 2, 1981. Council Member Bilo second ed 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 • The Mayor decl red the motion carried . * * * * * * City Attorney D Witt stated 7-1-7 dealing with admini- strative proc dur a ia b ing prepared with propos d changes and h would pr sent he n w a ction at the n xt r gular Council 11 ting. * * * * * * • I • • • September 8 , 1981 Page 10 .. • • - City Manager McCown presented a Council Communication from the Department of Engineering Services concerning the award of construction contract for Overlay Program 1981. Mr. McCown recommended the award of bid go to Titan Sand & Gravel, Inc.; and also, if there are additional funds available, that staff be allowed to negotiate with Titan Sand & Gravel, Inc. for addi- tional work. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE BID FOR $165 ,950.15 TO TITAN SAND & GRAVEL, INC.; AND TO AUTHORIZE THE CITY MANAG ER TO NEGOTIATE WITH TITAN SAND & GRAVEL, INC. TO OVERLAY THE ADDITIONAL STREETS . 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 transmitt ed the proposed 1 982 budget. COU NC IL MEMBER BI LO MOVED TO SET THE PUBLIC HEARING ON THE PROPOSED 1982 BUDGET FOR MONDAY, SEPTE MB ER 28, 1981, AT 7:00 P.M. 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 MEMBER BILO MOVED TO SET THE PUBLIC HEARING ON THE PROPOSED US ES FOR 1982 GENERAL REVENUE SHARING FUNDS FOR MON- DAY, SEPTEMBER 28, 1981, AT 7 :00 P.M. Council Member Keena sec- onded the mo ion. Upon a c 11 of the roll, th vot resulted aa follows : Aye : Coun c il M mber Higday, Neal, Fitzpatrick, K na, Bilo, Bradshaw, Otis • • I • • - • • • ,. • September 8, 1981 Page 11 Nays : None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO AUTHORIZE $1,500 IN SUP- PLEMENTAL FUNDS TO THE ARAPAHOE HOUSE FOR 1981. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows : 9 :15 p.m. Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo , Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There was no further business t o be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at • , ' I • • • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Cl~1 SEPTEMBER 8, 1981 . '\\LLp_ / df-D-' jJ 7:30P.M. Call to order, invocation by Rev~end Andy Horn- backer, Calvary Baptist Church of Englewood , 4881 South Acoma Street, pledge of allegiance by Boy Scout Troop #92, and roll call . -!Jl u a. ) /- l. Minutes. (a) Minutes of the regular meeting of August 17, 1981 . (Copies enclosed.) 2. Pre-Scheduled Visitors. (Please limit your pre- sentation to 10 minutes.) 3. 4. 5. y (a) Mr . James Taylor, 3709 South Sherman Street, wi ll be present to discuss various items. Other Visitors. (Please limit your presentation to 5 minutes.)~&&-!3'~ u. -nd a <.?P--· til-fJ .J .. [>1 :f {tiL._ /?1au u. J l-U v _ -~ 'Lf l ) Public Hearing. Communications -No Ac tion Recommended . (a) Minutes of the Board of Career Service Com- missioners meetings of May 28, June 18, July 15, and July 16, 1981. (Copies enclosed.) (b) Minute of the Denver Regional Council of Gov rnm nts m eting of July 15, 1981. (Copies enclosed.) (c) (d) ( ) Minut of th July 29, 1981. Housing Authority m (Copi s enclosed.) ting of Minut a of th Downtown 0 velopm nt Authority ting of July 29, 1981. (Copie nclosed.) Minut s of th P rks nd R cr m tin o! August 13, 1981. tion Commission (Copi enc1os d .) ( ) Mu icip 1 Court Activity R port for th month of July, 1981 . (Copi s nclos d .) I • • • • • Page 2 September 8 , 198 1 Ag enda 6. Commun icat ions -Ac t ion Re comm end e d. (a) Letter from Mr. Werner Schnackenberg concerning his resignation from the Water and Sewer Board. (Copies enclosed.) Letter from Mr. Hart D. Gilchrist concerning his resignation from the Urban Renewal Authority. (Copies enclosed .) Minutes of the special Library Board meeting of September 1, 1981 concerning a recommendation relating to the Denver Public Library. (Copies enclosed.) 7 . City Attorney . Ordinances on Final Reading. (a) Ordinance approving a contract between the City of Englewood and the State of Colorado , Department of Highways , concerning maintenanc e of traffic control devices on State highways within the City of Englewood. (Copies enclosed .) Bills for Ordinances . (b) Bill repealing Sections 1 , 2, 3 and 4, of Chapter 4, Title IX , Englewood Municipal Code 1969 , as amended, concernin g f ood dealer s. (Bi ll and Memorandum encl os ed .) Bil l amend i n g Title IX , Ch a pter 4 , Sec t ion 3 of t he En gl ewoo d Mun i c ipal Co d e of 1969 , as amen de d, allowi n g de liv erl of f ood pr odu cts to employees of commercia and i ndustrial establishments on public right-of-way. (Copies enclosed .) Bill m nding Title IX, Chapter 6, Section 35, by adding a provision r quiring a deposit fee for bu in ss that conducts "Going Out Of c Bu ineaa S 1 " (Copies nclosed .) ( ) Bill for th control of it ms of debris which accumulat upon a nd n ed r moval from r 1 prop rty within t h City of Engl wood in ord r to maintain a clean, beautiful, and healthy Ci t y , and providing standards, proc dur s, nd ~ r d i a t h r for . (Copi 1 nclo s d .) I • • - • • • • Page 3 September 8, 1981 Agenda 7. City Attorney (Continued). Bill approving the transfer of real property to the Writer Corporation in return for real property in order to simplify the property line between two parties' ownership. (Bill and Council Communication enclosed.) Other Matters. Report re: Dart Board. (Copies enclosed.) Report re: Colorado Springs vs. Water Quality Control Commission, City, et al. (Copies enclosed.) Termination of encroachment. (Copies enclosed.) Attorney's Choice . 8. City Manager. ~(a) Gt« Council Communication from the Department of Engineering Services concerning the award o f construction contract for Overlay Program 1981. (Copies enclosed .) Transmittal of the Proposed 1982 Budget. enclosed.) Manager's Choice . '/fl.U-l \CJ /fCl 'l.L ?'l.'J -2S -,fl (Copies 9. General Discussion. (a) Mayor's Choice. (b) Council Member's Choice. :~ -#/,,SHJ q/.~ (/U<f ;r~<.-pfJ.?. f~IJ..g_ llfiU 10 . Adjournment. 7 ) II•'• 'J //1< (("f ( DYr MC COWN /i l Cit nager 0 "- • I . -• • • ~mf 0AJ /lYULti ?~ j tJ-g;-fi I J ROLL CALL \ 7.'dt. ~/YY). Hove d Seconded Aye Nay Absent Abstain Higday Neal Fitzpatrick Keena Bi lo Bradshaw Otis o~j_ fl;p -~. ~~~le.J-~J J}~<A OJ~y----61 ;/uut vfoc7'#9;;_ 0 (2 u ')(_ 1-J ,' .x!JLu fu c ,- liZ a1~'- ;/fil~l~ );, (.. f!..t l~ J) • • I . . • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hi gday -Neal v-- Fitzpatrick L-- Keena 1.- Bi lo v- Bradshaw v-- Otis v-- I • • • • • • ROLL CA LL Moved Seconded Aye Na y Absent Abstain "' Higday \ Neal I 1/' Fitzpatrick I Keena I Bi lo j v Bradshaw I Otis I '-- I a.. I • • • • • • • ROLL CALL Moved Seconded Ay e N ay Absent Abstain Hiaday Neal Fitzpatrick Keena f.-Bi lo Bradshaw Otis I . • • • • • ROLL CALL Moved Seconded A ye N ay Absent Abstain Higday Neal Fitzpatrick Keena Bi lo Bradshaw Otis --~-rUZ/~~/YYI -.-/-?Ui'td t,__ f";lr~ 0 '"' "j -/u'!PJ'j .a . t'UL,}zj +-r' ~""'--' ;i;LU-a <f r .. L.UCl/U>V '~ ;ib ..A£& ,(.r "! £, ...,JZ'"J <j-u ~ , , ~ y~ + ;tN., ~'?ul bJJ fl ft~ ~~~~/--~IU r~-r{~ 'Lt('d :tv ~ ~{» ~ l!..f /,(!./Y"Yl y~1 LL lU(f-, . -;Lf. /){...~ o u. ~-a-l. <-10C' /d.LU~ U..~A:.....; -,.-,tftd. _u, ~ ~"' '} ;& "'a. t .£ /' m'f' u..-u V /1 -~/leAJ fC1f 1 / -A / M. !,1/LJ ..AJ.-( ~lJ-rt 01 ·:t-}Q. .-t. t. U _ _/ p-C/L u '-1/~daJ --z;_LJR~ Clt> a v • • I • • • - • • ROLL CALL Moved Seconded A ye Nay Absent Abstain HiQday Neal Fitzpatrick Keena Bi lo Bradshaw Otis ~~~P. /)j - 3ft. & s r<f'lu!2 }lttJ l<J L 1 li _./ J x ~ /H t t' ~ 'll t' a ,_q au ..~ tA./.._/u-u....,~ /-d.£,· C!/1-d .~ ue/J 'LlL 1i l c( U.IL l..IU 'lt di_ &.' -o.y _,1 iLLJ _ tJ.IY> u?? l'iao w '(lz ~ lu.:;, & t Y' /)) A»-/t_ I . • • • -• • • ROLL CALL Moved Seconded Aye Na y Ab Hioday Neal Fitzpatrick Keena Bi lo Bradshaw Oti s c.J &IVA_-/2~(_ 'a7_v j~IJ-/~t?l d.a~ ---1 !¥o ./ !</il1.H<.J -o~ .--u_ ,/!} ')Vu" o Va t --!L a . ~ '->Y'l !Ae.ct-U o1 1 _/ ·n sen Ab st ain .£,1'1 f_.t 4 G 011 )f:n ~ Ct .J-/ ( /, /.!., c.1 - ~/u 2 > u '1-{__..1 -j . ( X fl l / 1(. t /) l t. t' I"" . £1/ U , 1 v£~/(.L H J -t A.~ m -('/).d ?/..(.U c l(lll ·~ -1 t..t 'L l. 1 t Jt / 4 · -6 ·~ 1' LL .J Z /. [ a u · ... J ll -z , L 1 ::.t J- -iJ 1 n ?.lt.c >7 11 (.) ./' tv rJ t..u fo .,L< c;, ~- ' 11u;. ;/ b ~ .AA/ /t_ --lu 4 • • I . • - • • ROLL CALL Moved Seconded A ye Nay Absent Abstain Higday Neal Fitzpatrick v Keena Bi lo v Bradshaw Oti s ,...-- lf~n a_ 012.-. '>v t.u &.o '/ jJtf. dw • AC/ -~Zluzc-fLk~ c. ~) .L.t {) o u <~ d t?-;f-tf lit d._ .-L r:. !J a"' a.,. 'j' ~ • /~ .t<> b. _ j:i:-( L '{ t::X c (} • I . • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain ~ Hiqday I Neal I Fitzpatrick I Keena I Bi lo I Bradshaw I Otis \ " • • I • • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiadav \ v Neal l Fitzpatrick I Keena I v Bi lo I Bradshaw I Otis \ " • I . . • • • • - ROLL CALL Moved Seconded A y~ Na y Absent Abstain Hiodav Neal Fitzpatrick v Keena Bi lo I /.,/' Bradshaw I Otis I .\ I . • • • • • ROLL CALL Moved Seconded Aye Higday Neal v-Fitzpatrick Keena Bi lo v--Bradshaw Otis I ;;;-o --------~ t:tdJ d~ l ~ £<2U ~ • ' 1 I I I \ "\ Nay Absent Abstain I . • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday ........ Neal I j/_ Fitzpatrick I Keena I Bi lo I v Bradshaw I Otis I \ I • • • • • • • ROLL CALL Moved Seconded Aye Nay Absent Ab t ' s a1n v Hioday a--Neal Fitzpatrick Keena Bi lo Bradshaw Otis 16 -}Uaj-IU > t~ c u o ir) --Au~ .~ tf--.UU./l...> ;i/tt/2 J t:~ tJ.-tR ·n '-.,_/ '/ Z .. [> 'ct .J c' x._ • f L .:H:l lj_ ll x /.f a ~ ;Uw.-L ?t.-z; ~l ~ ').(_ -41L u I • • Vl c:.c.. ~ /l • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal -Fitzpatrick Keena -Bi lo .- Bradshaw - Otis --- • I • • • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal v Fitzpatrick Keena v Bi lo Bradshaw Otis I • • • • • • • ROLL CALL Moved Se conded Aye Na y Absent Abstain v Hiqday \ L-Neal I Fitzpatrick J Keena I Bi lo I Bradshaw I Otis \. I . • • • - • • .. ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday \ Neal Fitzpatrick Keena Bllo I Bradshaw J Otis 1 \ I • • • Moved Seconded Higday Neal v Fitzpatrick Keena ;..-Bi lo Bradshaw Otis • • • - ROLL CALL Aye Nay Absent • l f~{Z} J [,~ ? /~ / ~5- 1 Abstain / I . • • • • ROLL CALL Moved Seconded A ye Nay Absent Abstain Higdav Neal Fitzpatrick Keena Bi lo Bradshaw Otis C~utifl 'CJ-~ --/L a/1 pie ~-;t/u!J _/ua --<UYlA.J J» 0 70 .k"J-~ M <» ~ -;ra(---AI (§',u/lUw ~~ /t W'. -A.-U7Ui-d 0-ajl £ be. L1 ~Lu ~ /u__ _/' a'-'t ".,,._4 ""' j"'"t. • - I . • e • • • ROLL CALL Moved Seconded Aye Na y Absent Abstain Hiqday Neal Fitzpatrick Keen a Bi lo - Bradshaw - Ot is 0 I • • • • • • • ROLL CALL Moved Seconded Aye Na y Absent Abstain y Higday V' Neal Fitzpatrick Keena Bi lo Bradshaw Otis D I • • • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday '1>1"<-Neal Fitzpatrick Keena Bi lo Bradshaw Otis 'l'U /) l d.. 6 6 --'7 ,clL(]/Yl(X JJ - 1 J~ ~~ (t-£1~,~/)fl_Jn~ () I . • • • ROLL CALL Moved Seconded - HiQday Neal Fit£patrick Keena Bi lo Bradshaw Otis I I u . ) ){ (J. ~ tn '~a ~u t ~<2JL. A ye • • • Nay Absent Abstain / 1 Ll OL) l -f')' (? -/,(. ~ y ii t~-a I, fru.t t l ~ d ~-l<.. <) -t , l ,J a .J..-t.... • 0 I . • - • • Moved Second l ed L.--I Aye L Hiadav Nay Absent Neal I Abstain , 1--Fitzpatrick "----Keena - ~ Bi lo -v--Bradshaw -Otis I ---1 __J ' /Lbz JLtL - -- I • • • - • • RO LL CALL Moved Seconded ~ Na y Absent Abstain H !_g_d'!Y_ 1 Neal 1 Fit~atrick Keena _j_ Bi..!_o .1 Bradshaw J Otis \ \ I . • • • - • • ROLL CALL 11 v d s d d A N Ab t Abst • o e e c on e 3,.e a y sen a1n H i_g_d<!Y_ _l Neal J v Fit~atrick ..L Keena ..L ~ Bi lo L Bradshaw IL Otis 1£ I • • • • n • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain _J,"_ Higday '\ v Neal I Fitzpatrick I Keena I Bi lo I Bradshaw I Otis \ \ I • • • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal Fitzpatrick Keena Bi lo Bradshaw Otis I . • • • • •' l • ROLL CALL Moved Seconded Aye Na y Ab sent Abstain HiQday Neal Fitzpatrick {./ Keena .--Bi lo Bradshaw Otis a rrfi (!L f cJ ._£/ J/_~1_/ C/-}-f? • I • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal Fitzpatrick Keena Bi lo Bradshaw Otis ')0 ~ rJ: t'&dw!kJ vi /U-/}/'J c;-,L/l 1.{.~ I . • • • • • ROLL CALL Moved Seconded Aye Na y Absent Abstain -Higday Neal Fitzpatrick Keena Bi lo Brad shaw Otis ' tL (]/(Y) . -1fj:;.!J~tu._ jluJL ;J ~J?ih£,-A: /-__._; /1 ;u (!__ (lU/il ;6 ..__j;UJ' "--' Ia~ d I . • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Ab stain Hiqday '\ Neal ' v---Fitzpatrick T Keena I v Bi lo I Bradshaw I Oti s I ""' , ~ au(lu~u C 1( ~? /A_ 1 CAl --1---rt ,:2.~ c /I ~~ u~ jf. <)_A( I . • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiqday \ Neal J Fitzpatrick I v Keena 1_ ;--Bi lo J Bradshaw I Otis \ ..... 8 b. 0 I . • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday \ Neal I Fitzpatrick I t.---Keena I ;,--Bi lo I Bradshaw I Otis \ '- 0 • I • • • • • - • • ROLL CALL Moved Seconded A Y\ Nay Absent Abstain v Hiqdav 1 Neal I Fitzpatrick I Keena I Bi lo I v-Bradshaw I Otis \ "' 0 • I . • • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain HiQday Neal Fitzpatrick Keena Bi lo Bradshaw Otis q ·;~pn~ 0 I • • • - • REGUI..AR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO August 17, 1981 I ~ The City Council of the City of Englewood, Arapahoe County, Colorado, aet in regular session on August 17, 1981, at 7:30p.m . Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Tom LaFleur, Hampden Hills Baptist Church, East Dartmouth and South University Boulevard. The pledge of allegiance was led by Boy Scout Troops #115 and #154. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Keabers Rigday, Neal, Fitzpatrick, Keena, 'Bradshaw, Ot is . Absent : Council Me aber l ilo . The Ka yor declared a quorua present. ****** Also present were: City Manager McC own Assistant City Mana ge r Wanuah City Attorney DeWi tt Municipal Court J ud ge Parkins on Deputy City Cler k Wa t k i na • * * * * * COUN CIL KEMBER BRADSHAW MOVED TO BRING FO RWARD AG END A ITEM 2(A) -PRESENTATION OF AWARDS TO VARIOUS BOARDS AND COMMISSION MEMBERS . Council Kember Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. Non • Council M mber lilo. The Mayor declared the .otion carried. Mayor Otis presented awards to the following people for their service on various boards and co•iaaiona of the City: • 0 I • • • • .. August 17, 1981 Page 2 20-year Ruth Allen -Parks & Recreation Commission -June, 1960 to present Total Service -21 years, 2 months (accepted by her husband -George Allen) 10-year Howard Brown -City Council -1969 thru 1977 -served as Council representative on: Planning & Zoning Commission, Public Library Board Board of Adjust~ent & Appeals -February, 1978 to present Total Service -12 1/2 years Beverly Siaon -Public Library Board -1965 to 1978 Total Service -13 yea 's 1obert Leonard -Board of Adjustment & Appeals -August, 1970 to present Total Service -11 years Those not present were: 5-year Grayson Hartley -Firemen's Pension Board -1967 to present Total Service -14 1/2 years John Maxwell -Public Library Board -1966 to 1976; Downtown Development Authority -October, 1978 to present Total Service -12 years, 9 months Kay Roberta -Retirement Board -1970 to present Total Service -11 years George Allen -City Council-1964 thru 1967 (Mayor 1966-67) - served as Council representative on: Water & Sewer Board; Parks & Recreation Co.aiasion; Firemen'a Pension Board; Policemen's Pension Board; Downtown Development Authority -October, 1978 -March, 1981; Planning & Zoning Co.miaaton -March, 1981 to present Total Service -6 year , 9 months Rob rt Brundage-Care r Service Board -Noveaber, 1975 to preaent Total Service - 5 yeara, 9 aontha. Tom Burna -Houaing Authority -January, 1973 to pr a nt; Urban Renewal Authority -February, 1974 to preaent Total Service - 8 year , 7 aontha David Clayton -City Council -1974 thru 1979 -aerv d aa Council repreaentative on: Public Library Board, Retire .. nt Board. Pire .. n'a Penaion BoJrd -1970 -1972 Total S rvica -8 y ara . • I • • -• • • August 17, 1981 Page 3 5-year (cont'd): Donald Fullerton -City Council -1964 thru 1968 -served as Council representative on: Planning & Zoning Commission Water & Sewer Board -1973 to January, 1976, and March, 1981 to present Total Service - 8 years, 5 months. Thomas Gibson -Water & Sewer Board -Karch, 1976 to present Total Service - 5 years, 4 months. Oliver Giseburt -City Council-6 months of 1979; lireaen's Pension Board -February, 1975 to February, 1981 Water & Sewer Board -June, 1980 to present Total Service-7 years, 6 months. Judith Henning -City Council -1972 to June 1974 -served as Council representative on: Retirement Board, Water & Sewer Board, Planning & Zoning Co..tssion, Firemen's Pension Board, Policeaen's Pension Board. Planning & Zoning Co .. ission-July, 1970 to January, 1974 (part of this as Council representative); Career Service Board -March, 1977 to August, 1980 Total Service-7 years, 6 months Herbert Kosbarger -Urban Renewal Authority -February, 1973 to February, 1981 Total Service -8 years Louis Parkinson -City Council -1966 thru 1969 -served as Council representative on: Planning & Zoning Commission Planning & Zoning Co .. ission -1964 -1965 Total Service - 6 years Milton Senti -City Council -1970 thru 1973 (Mayor 1972 -73) - served as Council representative on: Planning ' Zoning Co.- mission, Water & Sewer Board, Fireaen'a Pension Board, Police- men's Pension Board. Planning ' Zoning Co .. iaaion -January, 1980 to preaent Total Service -5 yeara, 7 aontha. Donald Seymour -Board of Adjustaent & Appeala -Karch, 1975 to pres nt Total Servic -6 years, 5 aonths Eddle ·ranguaa -Pl nn1ng & Zon1na co .. taaion -February, 1973 to preaent Total Service -8 yeara, 6 aontha • I • • • .. August 17, 1981 Page 4 5-year (cont'd): James Taylor -City Council & Mayor -June, 1974 thru 1979 -served as Council representative on: Water & Sewer Board, Firemen's Pension Board, Policemen's Pension Board. Total Service -5 years Jo Ellen Turner -Career Service Board -July, 1975 to present To tal Service - 6 years Catherine Ullery -Water & Sewer Board -March, 1975 to March, 1981 Total Service - 6 years Thoaas Fitzpatrick -City Council -1980 -1981, Urban Renewal Au- thority, Water & Sewer Board, Retirement Board in 1971 -1976 Total Service-6 years, 7 months Those not present were: Elizabeth Beier -Housing Authority -January, 1973 to present; Urban Renewal Authority -February, 1974 to present Total Service - 8 years, 7 months Selwyn Hewitt -Parka & Recreation Coaaission, August, 1972 to May, 1981 Total Service - 8 years, 9 months Frances Howard -Parks & Recreation Commission, February, 1974 to preaent Total Service-7 years, 5 months John Lay-City Councii-1968 thru 1972 -aerved as Council representative on: Parka & Recreation co .. isaion, Water & Sewer Board Vern Mann -City Council -1974 -November 1979 -aerved as Council representative on: Parka & Recreation co .. ission, Housing & Urban Renewal Authorities Total Service -5 years, 11 months Judith Pierson -Planning & Zoning Commission -March, 1975 to present Total Service -6 y ara, 5 aonths Werner Schnackenberg -City Council -1973; Water & Sewer Bo rd - 1973 to present; Housing & Urban Renewal Authorities -1973 to February, 1974 Total Service -9 years, 1 aonth Lois Starling -Public Library Board -1973 to March, 1981 Total Service -8 y ars • I • • • - August 17, 1981 Page 5 5-year-Those not present were (cont'd): Edward White -Career Service Board -October 1975 to March, 1981 Total Service -5 years, 5 months Donald Williaas -City Council -1976 -1980 -served as Coun- cil representative on: Planning & Zoning Commission, Re- tirement Board. Planning & Zoning Commission -February, 1980 to February, 1981 Total Service - 5 years ****** COUNCIL MEHBBR BRADSHAW MOVED TO APPROVE TKB MINUTES OF TKB SPECIAL MEETING OF JULY 27, 1981. Council Member Fitzpatrick seconded the notion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Bradshaw, Otis. Maya: None. Abstain: Council Member Keena. Absent: Council Kember Bilo. The Mayor declared the motion carried. ****** COUNCIL. MEHBt:R KEENA MOVED TO APPROVE THE MlNUTES OF THt: RE- GULAR MEETING OF AUGUST 3, 1981. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. None. Council Member Bilo. The Mayor d clared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE TKE MINUTES OF TKE SPECIAL MEETING OF AUGUST 10, 1981. Council Kember Fitzpatrick second d th motion. Upon a call of the roll, the vote reeulted aa follow : • I • • August 17 , 1981 Page 6 Ayes: Nays: Absent: • • • . --~ ·.'" Council Members Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried. ****** Pre-scheduled visitor, James L. Brenneman, Arapahoe House, was presept. Hr. Brenneman stated the agency has been operating at a deficit for several months in 1981. He requested an additional $1,500 in contributions for the year 1981 and an increase of $1,500 above and beyond what Council might budget for the year 1982. In response to Council's questions, Hr. Brenneman elaborated the agency was trying to raise funds from other governments and was trying to collect its service fees from clients who use the center. Council Member Keena suggested discussing the request in a study session and making a decision at a later time. Council Member Neal instructed the City Attorney to pre- pare documentation for consideration of Hr. Brenneman's request and to have it ready for the fir1t meeting in September. • * * * * • Mayor Otis asked if there waa anyone in the audience wishing to speak to Council on at any matter at th1a time. No one responded. • * * * * • "Co-..unicationa -No Action Reco•end d" on the agenda were: (a) (b) (c) Minutes of th Kouaina Authority a etings of June 22 and 24, 1981. Minute• of the Water and Sewer Board a eting of July 28, 1981. Minutes of the Board of Adjuataant and Appeals meet- ing of August 8, 1981 COUNCIL KEHBER K!EMA HOV£0 TO ACC PT "COHKUNICATIONS -NO AC- TION RECOHM!N0£0" AG&NOA ITEMS 5(A) -5(C). Council H ab r Neal seconded the .otion. Upon s call of th roll, th vote resulted aa follow : • I • • - • August 17, 1981 Page 7 Ayes: Nays: Absent: • • • Council Members Higday, Neal, Fitzpatrick, Keena, &radshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried. ****** agenda. There were no "Co.a1nications -Action Reco-ended" on the ORDINANCE NO. 63 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 66 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CI'f't OF ENGLEWOOD, COLORADO, AND ENGLEWOOD EMPLOYEES ASSOCIATION, EI'F~C TIVK JANUARY 1, 1982 THROUGH DECEMBER 31, 1983. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 66, SERIES OF 1981, ON FINAL READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried. ORDINANCE NO. 64 SERiES Ot' 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 67 INTRODUCED BY COUNCiL MEMBER NEAL AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGIBEHEHT IY AND BETWEEN THE ClT'i Ol' ENGLEWOOD, COI.Ol.ADO, AND THE ENGLEWOOD PillS FIGHT!ll ASSOCI- ATION, Bl'fECflVE JANUARY 1, 1982 THROUGK DECEMBER 31, 1983, • I • • August 17, 1981 Page 8 • • • COUNCIL KEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 67, SERIES OF 1981, ON FINAL READING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Me•bers Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. None. Council Meaber Bilo. The Kayor declared the motion carried, ORDINANCE NO. 65 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 68 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD POLICE BENEFIT ASSOCI- ATION, EFFECfiVE JANUARY 1, 1982 THROUGH DECEMBER 31, 1983, APPROVING AN ADDENDUM TO THE 1980-81 CONTRACT BE'fWEEN TKE CI'rY OF ENGLEWOOD AND TKE ENGLEWOOD POLICE BENEFIT ASSOCIATION, COUNCIL KEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 68, SERIES OF 1981, ON FINAL READING, Council Heaber Neal seconded the mo- tion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Absent: Council Heabers Rigday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. None. Council Membe r Bilo, The Kayor declared the motion carrie d. ORDINANCE NO. SER I&S OF 1981 __ _ •••••• BY AUTHORITY A lHI.L FOR COUNCIL BILL NO. 71 INTRODUCED 8Y COUNCIL MEHBSil NEAL AN ORDINANCE ll!PEALING SECTIONS 1 1 •• ~_._3 6 AND 4 OP CHAPTER 4.a..r!TLE IX, ENGLEWOOD !IINICIPAL COOS '69, Aft611U8 , COMCBUINC FOOD D~UUAlS • • I • ( • August 17, 1981 Page 9 • • • COUNCIL MEHBBR NEAL MOVED TO PASS COUNCIL BILL NO. 71, SERIES OF 1981, ON FIRST READING. Council Heaber Higday seconded the motion. Council Member Fitzpatrick stated he did not mind food dealers but opposed allowing ice cream trucks on the street because it was a hazard to children. Council Meaber Keena queried if safety of children was a real issue in cities where ice cream trucks were allowed. City Manager McCown stated he had not researched Ms. Keena's question. Council Heaber Bradshaw stated she did not want to vote on the bill until .are inforaation was available, COUNCIL MEMBER BRADSHAW MOVED TO TABLE COUNCIL BILL NO. 71, SERIF.S OF 1981, Council Keaber Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Heabers Neal, Fitzpatrick, Keena, Bradshaw, Otis. Council Keaber Higday. Council Kember Bilo, The Mayor declared the aotion carried, Council Keaber Higday stated he voted "no" because he thought the requested inforaation could be obtained in between readings of the bill. Council Member Keena instructed the City Attorney to prepare a bill repealing all four sections and one that would repeal only the food vending section thereby allowing food vendors to sell on co .. ercial property. Ms. Keena also asked for additional information on what dan- gers are posed by ice cream trucks and what other aetro cities are doing about it. ****** BY AUTHOlllT'i OROINANCF. NO. SERIES Of 1981 __ _ • COUNCIL BILL NO, 74 INTIOOUCED BY COUNCIL MEHBEl DENA I • • • Augu s t 17, 1981 Page 10 A BILL FOR • • • AN ORDINANCE FOR THE CONTROL OF ITEMS OF DEBRIS WHICH ACCUMULATE UPON AND NEED REI«..VAL FROM REAL PROPERTY WITHIN THE CITY OF ENGLEWOOD IN ORDER TO MAINTAIN A CLEAN, BEAUTIFUL AND HEALTHY Cl'CY, AND PROVIDING STANDARDS, PROCEDURES AND REMEDIES THEREFOR. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 74, SERII':S OF 1981, ON FIRS 'r READING. Council Member Fitzpatrick sec - ond e d the motion. Council Kember Neal presented several questions he had con- cerning 6-5-7 "Litter from Vehicles" and whether or not it was neces - sary to always keep the vehicle covered; concerning the interpretat i on of 6-5-8 "Dbtribution of Handbills fro• Vehicles"; and 6-5-30 "Anti- Derelict Vehicle Provisions Vehicles in Residential Zones" and if this provision excluded pe rsons working on vehicles in their garages. Mr. Neal stated he ne eded more time to study the bill. COUNCI L MEMBER NEAL I«..VED TO POSTPONE COUNCIL BILL NO. 7 4, SER IES OF 198 1 , UNT I L SEP TEMBER 8, 1981. Council Member Bradshaw seconded the 110tion. Upon a call of the roll, the vote r e sulted as fo l lows: Nays: Ab s nt: Co un cil Me mb e r s Higday, Neal, Fitzpatrick , Ke e na, Br a dshaw, Otis. Non e . Cou nci l Me mb er Bi lo. The Mayo r decla red the mot i on car r ied. ORDINANCE NO. SERUS OF 1981-- ****** BY AUTHORITY A BILL POR COUNCIL BILL NO . 72 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN OllOIN AN C~ AJ>PROVING A C NTRACT IIE'fWE~N TH~ CI'r't' 0~' ENGLEWOOD AND TH~ STAU OF COLORADO, DEPUTKENT OF HIG HWAYS, CONCE IUHNG MA INTE NAN CE OF TRAFFIC CONTROL DEVICES ON STA'fE HIG HWAYS WlTHt N THE C IT'r: OF ll:NGLE WOOD . COUNCIL MEMBER 8RAOSKAW MOVED TO PASS COU NCIL BILL NO. 72, SRRU OF 1981, ON I'IIlS'r UAOING. Co uncil Kel&ber bena nconded the motion. Upon a call of th roll, the vote resulted as follows: • I • ( • August 17, 1981 Page 11 Ayes: Nays: Absent: • • • Council Members Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981 ___ _ ****** BY AUTHORITY A BILL FOR COUNCIL BILL NO. 75 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING TilE WHOLE COST OF TilE IMPROVEMENTS HADE IN DOWN- TOWN IMPROVEMENT DISTRICT NO. 1980-l, IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBING THE HANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMER- GENCY. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 75, SERIES OF 1981, ON FIRST READING. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. None. Council Member Bilo. Th Mayor d clared the motion carried. RESOLUTION NO. 38 SERIES OF 1981 ****** A RESOLUTION AUTHORIZING THE NOTIFICATION OF PROPERTY OWNERS OF ASSESS- KENTS FOR DOWNTOWN IMPROVEMENT DISTRICT NO. 1980-l; AND ESTABLISHING A DATE FOR A PUBLIC H!AaiNC ON SAID ASSESSMENTS. • I • • August l7, 1981 Pagt! 12 • • • A correction was noted on page 2, second line -"1981" should be changed to "1980-1". COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 38, SERIES OF 1981, AND TO SET THE PUBLIC HEARING DATE ON THE ASSESSMENT ROLL AND THE ORDINANCE LEVYING 'CilE ASSESSMENT FOR SEPTEMBER 14, 1981, AT 7:00P .M. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Membt!rs Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried. RESOLUTION NO. 39 SERIES OF 1981 • • • • • • A RESOI..UTION APPOINTING JOHN W. SMITH, III, ASSOCIA'CE MUNICIPAL JUDGE FOR 'C HE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 39, SERIES OF 1981. Council Kember Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Keabera Higday, Neal, Fitzpatrick, Keena, llr ads haw, Ot ia. None. Council Kemb r Bilo. The Mayor declared the motion carried. . ~ . . . . COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE A PROCLAMATION DECLARI SEPT!KBE 8, 1981, AS "N ATIONAL CANCER DAY". Council Heaber K na a cond d th motion. Upon a call of the roll, the vote resulted 1 followa: Ayee : Council H abera Hisday, N al, Pitapetrick, Keena, lradahaw, Otia. • '- I • ( August 17, 1981 Page l3 Nays: Absent: None. Council Member Bilo. • • - The Mayor declared the motion carried. ****** City Attorney DeWitt advised Council of an outstanding use tax clalm the City has with Fran~en Construction Company for certain sewer work for South Arapahoe and Southgate Sanitation District in the amount of approximately $12,000. Mr. DeWitt asked for permission to file an action in Court to collect the amount should it be necessary. COUNCIL MEMBER BRADSKAW MOVED TO AUTHORIZ~: 'fl:lE CIT'l ATTORNEY TO DEFEND THE CIT'l IN THE MATTER OF AN OUTSTANDING USE TAX CLAIM WITH FRANZEN CONSTRUCTION COMPANY. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Keena, Bradshaw, litis. None. Council Member Bilo. The Mayor declared the motion carried. ****** City Manager McCown presented a Council Communication from the Director of Community Development concerning travel approval for Frances Jonas, Executive Director of Englewood Housing Authority to attend a one-day workshop in Washington, D.C. to discuss the Admini- stration's proposal to restructure the Comaunity Development Block Grant Program fro• HUD to the States. The funds for the trip would be paid out of grant funds. Discussion ensued on the how this trip would be preceived by other levels of gov rnment as to the position that Englewood was taking on this issue. Council Member Bradshaw stated that the organ.ization that Ms. Jonas belongs to (National Association of Housing and Redevelop- ment Officials) would be an active participant in the restructuring decision. Ks. Bradshaw stated she did not see the purpoae of the trip aa a lobbying effort but was to give co.-unity input into the process of transferring the responsibility fro• HUD to the States • • I • • • August 17 , 1981 Page 14 • • .. Council wanted additional information and instructed the City Manager to contact the Director of Community Development speci- ficially. Mayor Otis declared a recess at 8:35 p.m. for the purpose of allowing the City Manager to obtain the requested information from the Director of Community Development. Council reconvened at 8:50 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the follow- ing were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. Absent: Council Member Bilo. The Mayor declared a quorua present. City Manager McCown provided information concerning the trip. Mr. McCown stated Ms. Jonas will not be testifying. She will be meet- ing with other officials to present concerns about turning over the ad- minstration to the State and if the transfer seems likely then she will participate in setting up guidelines. Council Meaber Neal requested any future request for a trip that concerns a lobbying effort be accompanied by a statement of the position, justification and the process by which it was arrived. Council Meaber Bradshaw suggested that the person requesting the trip be present at the Council meeting. Council Member Keena noted that all Council Meabers who take trips to other governmental functions should carry the opinion of the City of Englewood as a whole and not one that is personal only. COUNCIL KEHBER BRADSHAW MOVED TO APPROVE THE OUT-OF-STATE TRiP fOK FRAHC~S JONAS. Council Meaber Fitzpatrick seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, N al, Fitzpatrick, Keena, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the .otion carried. * * * * * * • I • • August 17, 1981 Page 15 • • • City Manager McCown presented a Council Co-.unication concern- ing the Municipal Golf Course Driving Range Iaproveaents. Mr. McCown reco .. ended that all bids be rejected because the low bid was well above the appropriated amount. Further that the City purchase aaterials at a certain price by receiving quotes fro• the two aajor wholesale sup- pliers in the aetro area and negotiate with sprinkler and aeedlng com- panies to install the irrigation system and aced. Mr. McCown stated by handling the project in such a way, the driving range could be co~ pleted at a coat closer to the appropriated amount. COUNCIL KEMBER HIGOAY MOVED TO REJECT ALL BIOS AND AUTHORIZ E THE CITY MANAGER TO PURCHASE AT A DISCOUNT,MATERIAL AND EQUIPMENT TO INSTALL THE PROJECT. Council Meaber Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Meabera Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried. • • • • • • Aaaiatant City Manager Wanush presented a Council Co .. unication concerning a resolution appropriating Title II funds to the Finance De- partaent and Engineering Services Department. RESOLUTION NO. 40 SER IES OF 1981 A RESOLUTION AMENDING THE 1981 GENERAL FUND BUDG ET . COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 40, SERIES Of 1981. Council Member Bradshaw suconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Ma~ers Higday, Neal, Fitzpatrick, Ke na, Bradshaw, Otis. None. Council Member Bilo. The Kayor declared the motion carried. • • • • * • • I • • August 17, 1981 Page 16 • • • Council Member Bradshaw transmitted a travel report of her attendance at the NAHRO Conference in San Antonio, July 31 and August 2, 1981. * * * * * * Council Kember Neal transmitted a study from Brady Enterprises for the downtown developaent plan. Hr. Neal suggested that Council give its basic concurrence with the planning research so the study can be for- warded onto the Downtown Development Authority to begin the process of holding of public hearings and taking it to Planning & Zoning for further public hearings. COUNCiL ltEHBER NEAL I«>VEI> '00 CONCUil WIT~ T~E llASIC Rr:SEARCH DEALING WITK MARKETING ELEMENTS OF TRANSPORTATION, AND TKE ECONOMIC FOOTPRINT OF THE BRADY STUDY AND SEND IT TO TKE ENGLEWOOD DOWNTOWN DE- VELOPMENT AUTHORITY TO BEGIN TKE PROCESS. Council Kember Rigday sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Rigday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. None. Council Kember Bilo. The Mayor declared the motion carried, * * * * * * Council Keaber Fitzpatrick requested that future posting of weed reaoval notices be also placed on the resident's front doors. * * * * * * Ther• wa11 no further business to be dlscusaud. * * * * * * COUNCIL KEMBER KIGDAY MOVED TO ADJOURN TKE KBRTING. Mayor Otis adjourn~d th ting without a vote at 9:05 p.m. fltL ll.( ~k r;{ It dr.A ) " 1 JiPUty City Cler • I • • Pfill3ENT : ABSENT : arnrns PRF.SENT : • • • OOARD OF CAREER SERVICE C0.1MISSIOOERS May 28, 1981 MINlll'ES 5 A I Jo Ellen Turne r , Catherine Pokraka, Jane t Kerzic, Ixmald Weber Robert Brundage Mel BeVi rt , Employee Relations Director Richard Wanush, Assistant City Manager Paul Kapaun, E.E .A. President and asoociation members John Wing, E.P.D.A. President and association members Tony Jeffers, E.F .F.A. Preside nt and asoociation members * * * * * * * * Olainro.n mald Weber called th ting to ord r. Carrni.ssioner Turner rroved , nded by isHion r Pokraka to approve th minutes of the April 23, 1981 ting. AYES : '!Urn r, R:>kraka, Kerzic, Weber AYS : n * * * • • * * * Item 3 on th Agenda was the Drqlloy As iations 1 Choice. Paul Kapaun, E.E.A. Pr sidrnl pr . nted th ard with ight job d riptions and requ sted that rd d l rmin wh >t h r or not th y ar supervisory po i tions. Oiairman W r stated that th a.rd had i ved th 'iation 1 s request for clarification but oould have to discu.<;s l:h rmtter furth r and determin how th y will handl th rmtt r. Q1;.tinnan W lx•r stated that th fbard v.ould set forth t heir d termina- tion in a lc>tt r within th n xt v ral weeks. J 1m I in 1 E.P.B.A. Pr 1d nt thanked th th rg ant t nmnnt.ion I! arin .. ard for th ir time and effort during Tony J Pt·s, E.F.F .. PresidPnt; had nothing to pr nt. • • * * * • ) I • • - • • • • • It en 4 o n t h e Agenda was the City Manager's Choice. Richard Wanush, Assistant City Man ager presented the Board with a l e tter containing stipulations between the City and the Employees Association of thirteen positions which both parties have agreed to be Supervisory. Mr. Wanush requested that the Board detennine that the positions included in the stipulations be excluded from the bargaining unit. In a ddition, he r equested that the Ibarcl set a hearing date for unit d ete.nnination o the position of Clerical Supervisor , which the Association and the City did not come to agreement o n . Chairman Weber stated that the 13oard 1\0 u ld also take this matter into conside ration and render their decision at a later date. * * * * * * * * !tan 5 on the Ag nda was the Einployee Relations Director's Choice. Mel BeVirt, Hnploy<'<' 11c l atiom; Din.'C Lor e xpress<xl his appreciation for the Ibard':s tirrc a nd patience dw·ing the w1iL d etennination hearings. ******** Iton 6 on the Agenda was the Ccmni:ssioners' Choice. Chainran We~r read into the record the fin dings and conclusions in the matter of petition of unit d etennination for the positions of Police Ol.ptain, Lieutenant and Sergeant to be excluded iran the Engl€\\OOd Police Benefit Association (See Attached). Chairman Weber stated that the Board's detennination was approved by an unanj.lll)u s vote o n May 23, 1981 . Dlscus.swn followe d Lh readin~ ol Lh • Findings and O:>n clusions. Chainnan Weber expressxl the !bard's concern that Lh hearing process had beccme too legalistic and in an effort to ranecty this the Board ~ill be preparing a draft of Procedures and guj <.l el lncs for s tru •turm but noro infonnal hearings. Chainn.111 W•l.x.'r furllrrstated that 111 the fu ture, all decisions rendered by the llo:u·d will IJ<' r<>ad ~nto th r ord at th re<.,'Ula.rly schodulcd public ting. Richard Wanush expressed h1s cone rns about th Board r ivin a.ddit1onal evict nee from thQ E.F.F. ssociation after the clo of the unit detc'nninaLJ on h<•arin>:~. 01 ~li1m.-ut Weber <>xplained that the Board is <>IK~1 ton ·c •t\ ing ad<.IJLJou:tl wlo nnatwn at :u1y t:i.me from all concornoo partlm; in an < ffort to b<' a. ia1r as po sibl . Yes, th Board will ta.k take any info nm ion bu 1t n 11 lx• dulv w ighted. The info tion that was provided t o th ,rei~· r~l::i<> p vidro to th City. At t City's request, any furtL10r info t1 1n t.hat they wanted to provid -that request was also epted. ssi n •r Turner st:nru that t~ ard was in r Association's ro Lions rdat.int. to tho 1 t1 p posed ordinan ' t:h .. -uwt . * • * * • Fir fi~ht rs tion of th I • • • • • • • Item 7 on the Agenda was unscheduled visitors choice. Richard Edison stated that he was representing Reynolds Finch who had filed a grievance over ten days ago but had received no response due to both the fulice Cl!ief and Reynolds Finch himself being on vacation. Cl!ainnan Weber stated that the Board \IOUld be flexible on the time schedule for the grievance due to the vacation. * * * * * * * There being no further business before the Board, Cl!airnan Weber adjourned the May 28, 1981 regular Career Service Board rreeting. / ./}I (, d ( ( l.u_., (' 1 t I ' . " tt-\-<.l!,.r Valerie Christy, Recording ~retary • I • • • - • • FINDINGS AND OONCWSIONS Findings of the Board of Career Service Commissioners, City of Englewood , Colorado , May 2), 1961 in the matter of the petition for unit clarifica- tion , subnitted by the City of Englewood to the Board of Career Se r vice Commissioners, dated April 28, 1981. Such petition read in part 1 "through ,. this letter we are officially requesting that the positions of Captain , Lieutenant and Sergeant in the Englewood Police Department be excluded from the Englewood Police Benefit Association". The Career Service Commissioners findings on the above named petition are as follows• • In the matter of Ca ptains in the Englewood Police Department: Testimony clearly indicate s that the duties and authority e x cercised by the position of Captain are performed with sufficient independence of judgement to classify them as supervisory and,managerial personnel and are there ·~ excluded from the bargaining unit, the Englwood Police Benefit A sso·~iation. In th matter of Lieutenants in the Englewood Police Department• Teftimony indicates th th duties and authority excercised by the position of Lieutenant re performed with sufficient ind p ndenc e of judgement t> classify th m as supervisory nd m nagerial personnel and are therebr exclud d from th bargaining unit , th Englewood Polic Benefit Asso :iation. In th matt r of J rgt:ants in the Engl wood Police Departm nt1 Testicony do a iudica e th t S rgeant. excerc i many of th function that d fln I • • • • • • • • • "supervisors" in t he city charter. Testimony and exhibits also indicate that in theory and on paper Sergeants do provide some first line super- vision. It is a lso indic ated in testimony and exhibits that t he duties and authority excercised by Se rgeants in theory and in practice are not necessarily consfstent. The functions performed by Sergeants on a day t o day basis such a s scheduling , discipline and evaluations are,lin most cases, of a routine and cleric al nature and not performed with sufficient independence of j udgement to exclude them from the bargining unit as supervisors. Moreo ver Sergeants share a greater community of interest wi th the Patrol Officers such as; 1) Responds to major c rime scenes and accident scenes . 2) ~trols districts to enforce ordinances , statutes and laws and to deter criminal or illegal a ctivities . J) Drives a marked police c ar., and are" not an integral part of management. It is recognised that the functions performed by Sergeants are different from those of a Patrol Officer but these differences in function s are insufficient for supervisory statu . Sergeants therefore are not excluded as supervisors from th bargining unit , the Englewood Police Benifit Association. Donald M. eber C -/Ch ,).rman . - • ('/.-l l . •• L ""-·-'- J9 Ellen Turner 06mllliss1oner I • • ' • • PRESEm': ABSENr : OlHERS PRESENr: • • • OOARD OF CAilEER SERVICE COMMISSIOOERS JUNE 18' 1981 MINUI'ES Jo Ellen 'furne r, Cather :ire Pokraka, Janet Kerzic, Robert Brundage funald Weber None Richard Wanush, Assistant City Manager John Wing, E .P.B .A. President larry Ley don , E. P. B.A. Ment>er Reynolds Finch, Firefighter * * * * * Cllainnan nald W ber called the meet i ng to order. Carmissioner Pokraka stated that paragraph # 6 of page 2 of the May 28th minutes should be corrected to read: ... eviden c fran th E.P.B .A. after..... 'lbe Board will give further n sid ration to thi paragraph and a r vision will be fort hcom i ng . nded by Comnissioner Kerzic to approve th nding revisions. AYES : 'fum r, kraka , Kerzic, Weber NAYS : None AIRI'AIN : Brundage * * * • 3 on th agenda was th Eiq;:lloy , iations ODic . Ther ntativ fran the DJ1)l oy As iation o r th Fir fighters pre nt. John Wing , Presid nt of the Polic nefi t iation was p and had no business to diHCuss. * * • • • I - • • • • • • Page2 \\Guld try to present the particulars earlier. Since the appeal was not within 30 days the Board took a little mor time and put a little more effort into their preparation of the particulars . Mr. Wanush presented, for the Board's consideration, a signed stipulation between the City and the Firefighters Association to exclud e the Battalion Chiefs from the Bargaining Unit. Mr. Wanush also presented the Board with a letter signed by the four Fire Captains requesting that they be excluded from the Bargaining Unit. Mr. Wanush stated t hat h \\l:>uld forward a written petition for exclusion of the Fire Capta]JJS and Battalion Chiefs to the Doard for its consideratio n. In the matter of the request for exculsion of the Supervisory /Managerial , and/or Confidential positions included in the signed stipulations by the City and the EngleY.QOd Elr;lloyees Association dated April 22 and 23, and Hay 19 and 20 , 1981: 1. Achninistrative Assistant 2. Assistant Director Finance Housing 1. Chief Lab Analyst 2. Chief Operator/Utilities 3. Chief Plant Operator/WWIP 4. Librarian II Parks Planning Recreation 5. Senior Support Services Technician 3. Chief Building Official 4. Civil Engineer 5. Court Actninistrator 6. Custaner Service Manager 7. Office Engineer 8. Purchasing Agent 9. Research and velopnent Engineer 10. Superintend nt Bi-City Str ts Util]ties ServiCent r Systans Analyst 13. Traffic En in r 6. Supervisor Golf Course Parks Recreation ServiCenter Streets Traffic Utilities \YWI'P /Maintenance Olai.nnan Weber stat ~ that it was the Board's position to accept th stipulations with th follOWl.ng provisi ns: (1) that th stipulations hav been signed by th City and th Englei\OOCI Eirploy •s Association and that th Association und rstands what th y ar stipula ing to and (2) that as this is an uncontested rratter, for t rity that th job d criptlons of thes itions provided to th a.rd and nnd part of tht> penmn nt r rd. (Cbpi Attached) FUrth r, til<> ard will tak th posit ion that they will grant a hearing at lat r dat to det n t additional siti ns of Cl rica! Sup rvisor and Payroll Cl rk (position not cnated as y t). • ld I • • - - • • • • • Page3 a reality , the job descript ion is coopleted, and the position is ready to be filled. In reference to the \lOrding in the Supervisory Stipulation, the Board crnroented as a point of clarification that they did not necessarily agree that one (1) of those indicators, as listed in the stipulation , constitutes a supervisor. In the matter of an appeal between John Blanchard and the City of Engl~: The Board rendered its determination that the order of the Board has been carried out by the City. A final draft of the Board's written decision and recarmendations will be forthcoming and distributed to the appropriate parties . * * * * * It an 5 on the Agenda was the Einployee Relations Director's Choice. Mel BeVirt, Direc.tor of Einployee Relations was not present. * * * * * Itan 6 on th Agenda was Scheduled Visitors' Clloice. Reynolds Finch, Engl~ Firefighter presented a request for reconsideration of a ruling on th matter of the D.O.E. proootional examination requiranent. Mr. Finch stated that he wished to furnish the Board with additional information that \\Ould prove his eligibility for participation in the last D.O.E. examination. After a brief discussion , the Board directed Mr. Finch to find out when the next D.O.E. examination was scheduled. If the testing is scheduled in the near futur the Board suggested that it \\Ould be better if Mr. Finch participate in that exam. If the examination is not scheduled in the near future, the Board \\Ould set a hearing date br reconsideration of Reynolds Finch's request . * * * * * Itan 7 on the Ag nda was O::mnissioners' Clloice. Hatters of review and consideration by th Board will be th ordinance r ndations rec ived by the ThlJloy Association and Fir fight rs Association and al , consid ration of a new legal coun 1 for t.h Board. Th Board will t in study . sion for review of these matt r . Th r was also a brief discussion of th Board' 1981 bu and future xpenditur for the balan o f th year . • * * * * ltan 8 on th Agenda was Unscheduled VL<~itors. Th re n tion by iss1on r Drundng , dcd by \AI"'"·"""' Olainnan Wetx>r adjourned th Jun 1 , 1 1 regular Board . • non pr nt . rvic I • • • • • SPECIAL HEARING OOARD OF CAREER SERVICE <XltdiSSIONERS July 15 , 1981 IN TifE MATI'ER OF TifE INFORMAL APPEAL OF REYN)Ill) FINal FOR RFXXN>IDERATION OF TifE DRIVER/OPERATOR /ENG INEER PlnmiONAL EXAMINATION ELIGIBILITY DEI'ERMINATION Ccmni.ssioner Brundage rmved, seconded by Ccmni.ssioner Turner that Reynolds Finch's appeal be denied and his name not be re-placed on the Dr iver/ Q:>eratorfEogineer Eligibility List. This root ion is rmd with r egrets. AYES : Brundage, fukraka, Turner , K rzic, Weber NAYS: Non • I • • • PRESENI': ABSFNr : Ol1iERS PRESENI': • • • OOARD OF CAREER SERVICE CXJMMISSIONERS JULY 16, 1981 MINIJrES Jo Ellen Turner, Catherine Pokraka, Janet Kerzic, Robert Brundage, funald Weber tbne John Wing, E.P.B.A. Presid nt larry Leydon, E. P. 8. A. Menber Michael Grunniger, E.F.F .A. ~Brber * * * * * * * Chairman nald W ber called the ting to ord r. In refer nee to the minutes of May 28, 1981 the following revision was presented by Ccmnissioner Pokraka . Page 2, paragraph #6 -For clarjficatlon the following statements s hall be added aft th 1ast nt nc : In the !:lt Lf'<l corn'<'tlOns , kraka t o pprm tl nted to the ard studi which strictly thing the Board can 1 k last \\Qrd of parugraph #5 on pag 2 should nd by YI~: Brunet:: '", >kra.ka, '1\rrn r, Kcrzic, W r Y.: n 1, to nted 1. I • • • • • Oammissioner Pokraka presented the following clarifications to be added to the end of the last paragraph on page 2 of the June 18 , 1981 minutes : "For any positions that are not yet developed, the Board will be flexible this year as it is the first year that unit determination OC>uld be held and that the Board will hear the Payroll Clerk when the position does became a reality, the job descriptio n is completed, and the position is ready to be filled." With the recannended clarificat ions, Oammissioner '1\.trner rrnved, seconded by Oommissioner Pokraka to approve t he June 18 , 1981 minutes . AYES : '1\.trn e r , Brundage, Pokraka, Kerzic , Weber NAYS : None * * * * * Item 3 on the Agenda was the Ehployees Associations Choice. There were no representatives from the Employees ' Association or the Firefighters Association present. John Wing, president of the Police Benefit Association had no business to present. * * * * * Item 4 on the Agenda was the City Manager's OJoice. There was no representative p resent fran the City Manager's Office. * * * * * Item 5 on the enda was the Ehploy Relations Director's Clloice. There was no repres ntat ive from the Employee Relations Department present. * * * * • Item 6 on the nda was th into th r ecord the Carmi ioner Kerzic read xamination 1 At a special heari n g h l d n Ju ly 15 , 1~1 t he f o ll ing t rmin tion ren red : ndcd by n· not ~1 iglbi lity d t AYES : '1\.trn r , Urunct: 't>, Pokraka , Kerzic, W r NAYS : n . • • I • • - ( , • • • • Whereas, the Eligibility List on which John Blanchard's name appeared has expired since he tested approximately one and one-half years ago and the Board has no way of detennining if he is still qualified under c urrent testing procedures, it is the Board's recatmendation that John Blanchard retest for Driver-Q:>erator-Engineer; and if found qualified , that he be placed on the Drive r-Operator-Engineer Eligibility List. If not praroted, John Blanchard has the right to appeal through nonnal procedures . ( Cbpy Attached) Ccmnissione r Turne r r ead into the record a letter fran Assistant City Manag r Richard Wanush addressed to the Career Service Board : Dear Chainnan Weber: I would like to infonn you that o n July 13, 1981 the En gl~ :fulice Benefit Association and the City of Engl~ signed a Cbntract for the years 1982-1983. The irrpasse with the :fulice Association has been settled. If you have any questions, please feel free to call. Sincerely, Richard S. Wanush Assistant City Manager Chairman Weber stated t hat the Board could disregard t he prior letter of ~e from the City and the :fulice Association. Oammissioner Brundage r ad into th record th following attached Bargaining Unit d tennination or Fire Dep nt :fusition of Battali n Chief and Captain: ItEm 7 on th Agenda was Unscheduled Visitors Clloice. There ~re no unscheduled visitors pr SPnt. Upon a tion by Chainmn W r Servi e. r Brundag , July 1 , 1 • · ssion r :fukra.ka, in!; of ttl(' r I • • - ( • • • • ATIS : Kcrzic, 13rundage , Turne r, fukra.ka, Weber NAYS: None CX:UUSSIOO&l 'ruRNER ACIVID, SIOCXNE) BY CXIIrtiSSI<MJl IO<nAKA , TIIAT TiiE RaiJVAL <F 'IHE CAPTAIN3 FlOI 'IHE FKi1.EtCD FIREFIGmliS ~IATI<Ii BE EFHCI'IVE 'IHE Do\'IE <F 'IHE In\RD'S ADI'I<Ii 'ID REXJVE 1m)( FlOf 'IHE BAiliAININJ UNIT. AYES : Kerzic, Brundage, Turner, R>kraka, Weber NAYS : None. These detenninations were rendered by the Board of Career Service <hmli.ssioners at a special hea.rinjr for Uti t Detenninatioo 011 Wedneeday , July 8 , 1981. ( -J Cffff!:tl 11 , i.J d--Ibnal~Weber Qmnj ssi n •r-ami nmn {{:{;) 1: ,;j ./N ( rt Brunc:tage 7 > ( Qmnissioner ' _ .~ /VC c·, .f""C./t.~ ·c~ Jci Elleo '1\lmer ~issioner-Vice Chairman (f~~G'~ ther e Qmnissiooer • I . - ' ' • • • • In Re : J The matter of an appeal between John Blanchard and the City of Engle wood, Colo ra do. I n th e mat ter of an appeal bet wee n Joh n Blanchard a nd the Ci t y of Englewood , it is the determination of the Ca r eer Service Board that the Or de r of th e Board has been car r ied out , the i nt ent of which was t o review af t e r a given period of tim . Whereas, th e E l igibili t y List o n which Jo hn Blanchard's name appea r ed has xpir d si nc e he tested approximately o n e and one-half yea r s ago and th e Board has n o way of determining if he is still qualified und r c urrent t procedures, it is the Board 's r comme ndati on th t John Blanchard ret es t for Driver-Op r ato r -Engin r; and if ting found qualified, that h be plac d on the Driver-Op r tor- Engineer [11 lbilitv List. If not promoted, John Blanch rd h th right to app al through normal proc dur a. I • • • • • (:) B MINUTES COU NC I L MEETING DENVER RE GI ONAL COUNCIL OF GOVERNMENTS WEDNESDAY, JULY 15, 1981 Present: Vesta H. Miller, Chairwo man Fred Fisher, Vice-Chairman Ro bert A. Briggs, Jr. Thomas R. Eggert Ted T. Ha ckworth Tack Fenlon Willi am Th ornton Doris Durdy N orman A. Smith Denni s Ma hagan Bet y Anderson Be tty Ke na Ernest B. Shel t on o rg e T. Garson Sharo n Ca rr mt.cl J. tl r ·er rbe rt M~ter Fred fap1a Rod Sh cff•. r n Lewis City of Arvada Greenwood Village Adams County Arapahoe County City and County o f Denver City of Aurora Town of Bow Mar City of Brighton City of Broomfield Town of Castle Rock City of Edge water City o f Englewood Federal Heights City of Gl e ndale C ity o f Lakewood Ci y uf Little t on City of Lo u i s vi lle Ci y of Northglenn City o f Wes tminst r City o f Whea t Ri d ge I o Pr s e nt: H b rt O. r rley, DR OG Executive Direct o r; David A. P mpu , DRC Doputy Ex Cl.ltiVl! Ducct ·r; Richard M . Vigil, Com me r ce C i ty; Joh n Br d mblo, ComnJt:r Ci y; llarol Ki te, ... mm erce C ity; Rodn ey Hansen, City of l.afay tte; P gy Deve nney, City t Little t on; Larry Berko wit z, City o f Lml e t on; Mik. th •rg, Littleton/I:nglewc•od; Da n! l Re c ht, Uttleton/Engl u wood ; I van Coop r, IJttluton/Enyl wo ';Thoma~ Q , ·n on, DRCOG Atto rney· Hugh PI n t, C M Hill/KoaCaryl ncb; )nnis ~ rru , Ke n Caqt! Ran c h; Dick John s t o n, M tro n Di tri ; D..wi d Bl a n chard , City o f Loui sville ; John He ndrick, Hig hl nds R nch; T c ITil.J rt, Ado! h Coor s C mJ)dn y; J hn Sch er!'chllgt , Wat r Q u Ut y Control Di"lsinn, ( It r>1uo partm nt o f He l th; irl y C me ro n, Executiv S t.:ret 1 f th o neil n v rt U'i m mh ro; :>f th DRCOG s d ff • • I • - • COUNCIL MINUTES July 1 5 , 1981 Page three • • • David Blanchard, City Engineer , City of LoUisville, spoke to Council and s ubmitted comme nts from the City requesting revision of the population allocations and effluent parameters. John Baudek, City of Glendale, requested that an increase in cost figure s be included in the Plan update. Mike Rothberg with Culp, Wesner and Culp, representing Littleton/Englewood, expressed concern relative to the Water Quality Control Commission's amonia standard in the South Platte and the cost to the city associated with upgrading their wastewater treatment plant to meet that standard . He further s tated that Littleton/Englewood supports the C OG position and feels that the expense is excessive to achieve these benefits. Written testimony and a complete summary of the proceedings is attached to and made a part of the file copy of these minutes. Action will be considered b y Council at its August 19, 1981 meeting. After closing the Public Hearing, and prior to proceeding with the remainder of business before the Council, Chairwoman Miller declared a five-minute recess. Chairwoman Miller reconvened the meeting, and called the Council to order . Minutes of Tune 17, 1981 Council, upon motion by Mr. Briggs, supported by Mrs. Carr, unanimously approved the Minutes of the June 17, 1981 Council meeting as sulxnitted. Report of Chairwoman ... Chairwom n Mill r reported that sh tesufied for the National Association of Regional Councils before the S nate Environmental Public Works Subcommittee in Washington,D.C. concerning C le n Air Revisions. Revised 1981 DRCOG Budget Mr. F rley presented th 1981 DRCOG Revised Budget to the Council, noting that the Council revises nnually, its Adopted Budget to reflect new programs and any chang th t h vo occurred since the Budget was adopted. This Revised Budget sup reed tho 1981 dopted Budget. Highlighting the conte nts of the R vised Budg t, continu d- • I • • COUNCIL MI NUTES July 15, 1981 Page two • • - Cha irwoman Miller called the meeting to order at 7:40p.m ., r o ll was taken and a quorum decl ared present . Public He aring o n 19 8 0 Clean Water Plan Update Chairwoman Miller convened the Public Hearing in accordance with established Council procedures f o r public hearings on Pl an Amendment s . Mr. Mugler, DRCOG s taff, s um marized the Plan which was adopted by Council in 1977. He explained that the basic goal o f the Clean Water Plan is to establish the most c ost effective system of tre atm e nt plant s to serve the metropolit a n regi o n. The major changes include : • Separate treatment plants to serve Broomfield and WestminstPr rather than a regio nal facility • Golden t o be served by the Coor s Company r ther than a satellite fa c ility in C lear Creek • The Sand Cree k s atelli t e plant downs ized t o a 2 . 5 million ga llon per day (rngd) reu s e fa c ility • No rthglenn plant which was added to th Cle n Water Plan by amendment in 19 78 • Do uglas County fa cilities adopted by DRCOG in May, 1981 The Plan update provides a priorit y li s t of fa ci lities which wil l need to expa nd in the next 5-10 years. In additio n, th e Colorado Water Quality Control Com mission a d o pted n e w s tre am c la ssification s a nd standards for the South Pla• .e Riv r . This upd a te i n dicat es that fa cilities in Englewood-Littleton, Lakewood, Longmont, Lafayette, Louisville and Erie will need to go beyond s cond ry tr atment to a chi the sta t e adop ted stand rds, unless the ate reconsid rs . Th updat further r view s the i n stitutional a rrangements proposed in tho origin 1 plan. Fin lly, it was noted that recent doption by the St to of nat Bill 10 updated the Color do Water Quali y Act which requires the ate to m ke its w t r quail y decisions con- sistent w ith th Cle n Water Plan . wuuld Uko to se m d in tho f e r the PI n i d• 1-ted by I • • • COUNCIL MINUTES July 15, 1981 Page four • • • Mr. Farley explained that estimated expen ditures in the Revised 1981 Budget are $4,036,900, a decrease of $96,675. This decrease reflects decreased expenses in some projects and the addition of three unanticipated projects . Mr . Fisher stated that the Executive Comm i ttee and Program Committee recommended adoption of the Revised 1981 Budget. The Council, upon motion by Mr. Fisher, supported by Mrs. Carr, unanimously adopted Resolution No. 17, 1981, A Resolution Ad opting the 1981 Revised Budget and Appropriating the Funds Th e refor. (A signed copy of Resolution No. 17 is attached to and made a part of the file copy of these minutes.) Briefing on the Aging Program and Review o f Annual Plan U pdate Mrs. Susan Aldridge, DRCOG staff , highlighted DRCOG 's annual review o f the 1981 Area Plan on Aging Services. The goal of the DRCOG program is to e n sure independe nt living for older persons. This activity is carried out by identifying need s of the elderly, collecting data regarding available services , providing fed era 1 grant funds to local governments and community agencies for provision of direct services t o meet the needs of the elderly. It wa s further noted that this year DRCOG received a national demonstration project to coordinate services for immigrant e lderly persons in the region as well as a grant t o conduct training sessions f or ser vice providers in the region. In 1980 DRCOG also assumed responsibility f or nutriti on programs mandated by the Older Ameri cans Act. Briefing on Metro Airport Study Mr. Scheuemstuhl, DRCOG staff, reviewed the his tory of the Me tro Airport Study noting that DRCOG has been involved in air transportation planniniJ since 1974 at which time the Denver Are a Regional Airport System Plan wa s adopted . From that plan came the recommendation that planning should include a site selection study to identify the best new a ir carrier airport site in the region . Tho metro airport study addresses that recommendation and includ s selection of a site for a new air carrier airport and a recommendation regarding th institutional arrangements to implement he site decision. Th s tatus and time fr me of the cur nt study wa s r view d noting th work to be accomplished in each of th thre phases. • I • • . . ' COUNCIL MINUTES July 15 1 1981 Page five • • • Mr. Farley further explained that in the original 1974 airport systems plan DRCOG was not looking at a potential site on the Rocky Mountain Arsenal, When DRCOG was requested by the City and County of Denver to act as Denver's agent on this study 1 the Arsenal was added as a potential search site for a new airport. In July I 1980 I the Executive Committee addressed the issue of adding another alternative to this study (the expansion of Stapleton into the Rocky Mountain Arsenal) • From these discussions, a verbal agreement was reached and a contract was submitted in March, 1981 to the City and County of Denver for signature to add a 4th alternative to the study, gradual expansion onto the Arsenal using the same criteria, data and the same consultant. In June, 1981, it was learned that the Denver City Attorney questioned the !egality of the second contract for the expansion alternative, The Executive Committee, at its meeting on July 15, 1981, reviewed the current status of the 4th alternative study and considered a number of issues and options given the fact that the City and County of Denver now intends to undertake this study by itself. Mr. Farley reported that the Executive Committee acted to "finish all work leading to the preparation and completion of the draft report under the Phase ll portion of the current contract placing the selection decision under advisement until the Denver study is completed on or about December 31, 1981." Briefing on Voluntary Review Process Mr. Johnston, DRCOG staff, reported on the referrals to the DRCOG under the Voluntary Review Process since its adoption by Council in April 1980. The process permits DRCOG to assess the consistency of proposed local plans and major develop- ments with the Regional Growth and Development Plan and regional functional plans . Since adoption of the process, 39 plans/proposals have been submitted for review, an increase of approximately 33% over previous years. Of these, 17 were referrals from Jefferson County, 10 from Douglas County 1 5 from Boulder County and 4 from Broomfield, The Voluntary Review Process has helped to coordinate local and regional planning through the sharing of information about l ocal proposals and communication resulting fr om th process. ctor Mr. Farley responded to the concern r ised in June regarding DRCOG's potential im.•olvem nt in th 1 w suits brough by DRCOG members with regard to stream classi!ications by tho at Wat r Qu lity Control Commission, DRCOG will continue to ssist tho communitt s by providing technical ssis n ee in those suits nd w11l r s r decision bout 1 g 1 ssistance . I • • - • C OUNCIL MINUTES July 15, 1981 Page six • • • In addition, Mr. Farley presented infonnation wh ich had been given at the Policy Retreat regarding the fiscal impact to DRCOG of the new federal administration's budget proposal s . He noted that there have been staff and funding cuts, however, some are coming slower than anticipated several months ago. The 1980-81 DRCOG funding by program was reviewed. Specific areas of funding cuts or for which the federal government has proposed no additional funding include A-95, Housing and other HUD Programs, the Minority Intern Program (C o ngres s has salvaged this to the extent that funds are available to complete the program for the 19 current students), Air Quality and Water Quality studies and Criminal Justice planning funds and mini- block grant administration. While these cuts will have an impact on DRCOG, Mr. Farley stated that this provide s an opportunity to reexamine the programs and direction of the organization. A tflorough review of DRCOG program s will be scheduled for Council this fall. Calendar of Policy Issues Chairwoman Miller noted the Calendar of Policy Issues in the agenda packet. Ad!ownment There being no further business to come before the Coun cil, Chairwoman Miller declared the meeting adjourned at 9 :50p.m. Vesta H . Miller, Chairwoman Denver Regional Council of Governments ATTEST: Robert D. Farley, Executive Director • I . - • • • .. • MINUTE S OF ENGLEWOO D HOUSING AUTHORITY REGULAR MEETING July 29 , 1981 5 The regular meeting of the Englewood Housing Authority was called to order by Chairman Thomas J. Burns at 5 :50 P.M. at the Simon Center, 3333 South Lincoln , Englewood, Co l or do 80110. At 5:00 P .M. there was a tour of the construction site. Roll Call Members Present: Member s Absent: Othe rs Present: Thoma s J. B rns, Cha1 rman Betty Beier, Vice-Chairman Beverly Bradshaw Rev. Stan Fixter Cindy Peterson None Frances Buck Jon as, Execu ive Director -Housing Susan Powers, Director of Community Development Linda A. Knopinski , Associate Housing Coordinator Tom Chandler, Nelson-Roth of Colorado , Inc. Rod Dornbusch, Project Manager , Brady Corporation Carl Fischer, Inspecting Architec t c Jim Sawyer , Architec , Architectural Services Plus -Ken Bieberly Bill Kimball, Mechani cal Engineer Rob l'ihi low, Me c hanical Enginee r Record1ng Secretary Reading and Approval of Minu es The minutes of the special mee ing of June 22 , 1981 were considered for approval. Th following changes were mad Page 2 -l st paragraph, second sentence: insert "1979" in front of pr1ce and chang "pric " to "prices". ~ qe 2 -sixth paragr ph, fifth sentenc Cha ngP "from" to n form". M1TIO TT\ BEIE MOVED AND REV. FlXTER SEOJ: ED Iff. MOTION TO APPROVE THE MINUTES OF IE SPEC IAL MU.TlN 0 JUf E 2 , 981 A!:i AMENL·ED . rH. MOTION CARRIED AS FOLLOWS: AY S. I AY<>: BURNS, BEll , RADSIIAW, HXTER , ETERSON N N AR ENT: E Tit m1nutd o f th The followtn<J co r r p 9 1 - Lll'J ot Jun .2 1, l 81 w.re considered for pprov l. l!ld Ji : ch ng wording fter th Tates fox the bal nee IIC " IOOU1d ••• I • • • • • • Page 2-fifth para 1ra h: delete last two sentences of this paragraph Page 3 -fifth paragraph, eight sentence: change "drivet" system to "Dryvit" system Page 4 -first paragraph , firs t sentence: change "heighth" to "height " Page 4 -first paragraph, second sente n ce: change "timely frames" and "straigh t" doors to "Time l y Frames" and "Strait" doors Page 5 -second paragraph , fourth sentence: change "one" foot concrete s· ale to "two" foot concrete sw ale. Page 7 -fifth paragraph, first sentence: delete "Engin" Page 8 -seventh paragraph, third sentence: change "meeting" to "study session" MOTION BEV BRADSHAW MOVED AND CINDY PETERSON SECONDED THE MOTION TO ACCEPT THE MINUTES OF THE REGULA.R MEETING OF JUNE 24 , 1981 AS AMENDED. THE MOTIO N CARRIED AS FOLLOWS: AYES: NAYS: ABSEN T : BURNS, BEIER, BRADSHAW, FIXTER, PETERSON NONE NON E Public Housing Project Co nstruction Report -Elderly Mid-Rise Mr.Chandler stated that as far as he knew there were no problems with where construction on the project was a this time . Mr. Chand l er stated that since the contractor's strike is over and thew lls and footings are being erec ed , in the next ten to twelve w eks a great deal of progress will b visible. DJ.scu SJ.on n u d regarding the foundation being poured 12" short and the resolu- tion of he problem. In ruspons to Mr. Burns requ st, Mr. Dornbusch explained th Dryvit sys em. Mr. th Englewood Housing Authori y (EHA) a of time due to the contr ctor 's strike . dy Corpor tJ.on was und r a s rik for pproximately xtend t h ir tim by only 31 days. ln o rd r to uxtena th time for Brady Corporation he sk the EHA to el< end th ir c on rae wJ.th Nelson-Roth by Jl d y s. h t Mrs. Jon s spok with someone at HUD who said that now 1s of time. Mr. Chandler stated that this is f lson-Ro h should be giv n he e xtension MJ::. s id regarding th k J Sh ron Jew 11 at n i sh 0 II ne • d I • • - • • • • becaure con,truction muy be .~nished before the contra ct is up. Mrs. Jonas stated that ac ording to Mr Chandl er and Mr. Fischer thi s is not c ommon practice. Mr. Fisclter stated t hat normal practice is that any change to the contract , whe ther it be an increase of money or time, is us ually put into writinq a 1d documented and approved as soon as possible. Mr. Chand! r stated that he would prefer that the EHA Bo ard make a motion to approve that he contract be e xtended by 31 days. Mr . Chandler stated that h e has already signed the change order on this but is waiting fo r the Board 's approval. Mr. Chandler stated that he would like Mr. Fischer to go to HUD with him tomorrow ~ discuss this extension of time issue. Discussion ensued regard~ng this matter . MOTION BEV BRADSHAW VED AND REV. FIXTER SECONDED THE MOTION GRANT NELS ON-ROTH TilE TIME EXTEN SIO. PERIOD OF 31 DAYS PENDING HUD AP PROVAL . 'I'HE MOTION CARRIED AS FOLLOWS: AY ES. NAYS: ABSENT: BURNS, BEIER, BRADSHAW , FIXTER, PETERS ON NONE NONE Change Ord r Mr. Chandler stated hat lhere were some c hange orders to be mad , and at the last EHA rnee ir.g the Board gave Mr. Burns the right to sign cha~ge orders. Mr . Fischer di c ussed the three change orders. Mr. Fischer stated that there were seven 1te~ in he f1rst change ord r whi ch d idn 't ~nvolve money. In change order number two here were four i ems that did i nvolve money, and in change ord r n er thre• Mr. Fis<.:her 1nclud_ he 31-day e x ension reques t. Mr. Fischer stated that sorn items were st1ll pending as he was shor t on information about them. sta d that he needed Mr . Bieberly to give him a drawing with his lock tha shows th revision to th parking lot striping, a Mt. hat mor a roxilllolt•ly In th Ml. 1) 2) Th ur dd iot of th ho e hibbs and a drawing p rtaining to p ving. uo ed a pric previously for asphalt p ving for the Mr. Chandler tated that what ctually carne across r was not wh t he quot d he price for. He sta ted beinq r st d; herefore, h price w1ll be q s 1. n, Mt. 1 ch r llst d th follow~ng c h ng ord ra er ~2, the r b r b se w s chang ncr~.< st o f $1,180. or the 11 & lo"hlC•h W C1 CI 1 rm I h s w1 r 1n9 in 85 ltB W 8 $1 ,1 5. c.h to &1 t1on utn • I • - 'le::l t • • • • 1 , p. ~ •n ~ at. the meeting . Mr. Chandler u '"r' PnWP.ls , Director o f Community th<. unlts had to be sprinkled . Mr. Chandler dlso ~nclude d in the developer's July 18, 1980 meeting took place the 1 r.d~nc • J.S well as representatives tmen , M-1x Sdul, Inspecting Archi teet ; Loren ~>rotht Rorr.ans, Ac~ ng Direct or of Housing; d~e •n a few others. Mr. Chandler ing. On e of the items that a unit on the i nside of the Cox stated that the sprinkler Chandler stated that since 1, ~alt Groditski, who is now saying each oox . mo from Mcf'all , Conkel and " thing. Mr. Chandler stated Eraay (o rporation whi c h Mr. Chandler Mr. C}.d;1J ler' s request to 1ng regarding the fire sprinkler t the life sa fety c ode atlmcnt entry doors was discussed M shal , who attended the meeting . r t Mr . Co x stated that he would received from Ms. Po~ rb t ~ ~te rn. t~s. Powers stated that he othe r attend s remembered the • 1ng deleted. t. ting that this item was a ything in wr1ting. t d w re put in writing. cone rn1ng th se meetings. EHA ns and spec1fi- ording to Lhe Hr. Burns th t I • - • 1 Mr . • • • sued regarding this matter. l1ke to have a representative from the Fire ct 10n regarding the sprinkler heads in each chan,c 1n interpretation of the code or personal th a le ter was sent to Ken Bieberly from the matter. th~ fire system designed for the new building. c 191 wa~ acceptable to HUD. Mr. Bieberly stated that (~ lncluned f1re protection i t ems that were not required in '1 Luil in9s and this is why these items had been discussed l~d0 mcetlng held to determine how to cut costs. ~ ~ b~ild 1ng was f lly s prinkled if more than one hf'ad wou C1 b u~cd in the unit . ~!r . Bieberly stated that this was t~ted that this was not requiring that a unit be fully owets statert that the alternative that was chosen, according of the co un.tt' s ~ l r, ll th tl the c-ortidor Hr. Mr. K <l<lrs'l l, w ,; option number three which included the sprinkling N l's a nd one spr1nkler head would be installed in each Bi~bar~y stated that t h i s is where the problem lies because q ·mo~e dete c tion in the units and sprinkling in .., .1.n edch unit. situation is in comp liance with and exceeds the is an option to the building with corridors to meet specific HUD requirements. He f d1d not n ed any s prinklers aside from mechanical ~ chute. Powers stated that this is a question t F·re Marshal is saying that for eld rly option 1 s either being fully sprinkled 1 .g. Po wors stated that the Fire Marshal is ety Coae whl h lS a fe deral standard whi ch h assumed Ms. Pow rs s ated that this regulation gives the b 1ld1ng , but the 101 Life Safety Co de o b f lly prinkled or do what the F1re Marshal sp lnkler head insid each unit. Mr. Chandler ng fully d teetered for fire, there are sprinklers •nan what is r quired. this latter investigated as to u~y 18 , 1980. Mr. Fischer 1s to check th is meeting p rtaining to th rding this matter. Whitlow agreed to com back next w ek wo1ld be required by the Fire Departm nt. the me 1ng. d a a key keeper be installed key k eper would be on the Police, Fire and E rgency if his was required, bu didn' believe this was Discussion en s d regarding • I • • • • • Duplexes Mr. Chandler stated hat the fina l plans and specifications on the duplex units will be in the HUD office next Tuesday, Augus t 4th. They will not be reviewed before HUD sees them . Mr. Chandler stated that he already has the review on the preliminary plans and specifications from the EHA 's Consulting Architect. Mr. Chandler stated that if possible the c hanges the Consulting Archit ect rocommended will be incorporated into the drawings before the EHA actually gets them back. If not, an addenda will be issued to t he plans and specifications . Th e Board briefly reviewed the preliminary plans and specs for the duplex units. Mr. Chan d l er stated that these preliminary plans and specs were approved at a me eting with HUD three weeks ago at which Mrs. Jonas and Ms. Powers were in attendance. Mr. Chandler stated that he will have everything approved by t he City and incorporated into the plans approved by HUD before Nelson-Roth wi ll negotiate a price and sign a contract. Mr. Chandler stated that all of the duplexe s , e x cluding the handicapped unit, will be two-story buildings. Mr . Cha ndler stated that he would return next week to have a meeting to discuss the sprinkler system situatio n. Mr. Chandler left the meeting at 7:00 P .M. Mrs. Jonas stated that the resolution approving the Development Program for Pro ject #CO 48 -3 has to be re-ratified as there were some changes in f i gures. She stated that there needs to be a motion to reaffirm the telephone poll in which the deve lopment program was originally approved. MOTION BEV BRADSHAW MOVED AND CINDY PETERSON SECONDED THE MOTION TO RATIFY RESOLUTI ON NUMBER 6, SERIES OF 1981 PERTAI ING TO THE DEVELOPMENT PROGRAM BUDGET FOR PROJECT #CO 48-3 WHICH WAS ORIGINALLY APPROVED BY TELEPHONE POLL ON JULY 20 , 1981. THE MOTION CARRIED AS FOLLOWS: AYE S: BURNS, BEIER, BRADSHAW, FIXTER, PETERSO N NAYS : NONE ABSENT: NONE There was a short break for d1nner. PublJ c HouSJ.ng Pro)cct (Continuad) Mr. Fisch C'olor sch held with Mr. Fisch mith, Tnt rior Decorator, has he be d corat!ng. Howev r, th budqet drap s for the ld rly un1ts. Mr. lSChf r US1ng I n dupl x unt was only fo: s Ms. Mr .• 1o a • the d corattn ht 1 rly mld-ris . A ting chedules in the n r futur .·m1th was within th budg t h Sm1th has prepared do a no going o consid r a leetions of th Ms. Smi h's rvices rior if th EHA oes w to h con rae . o a contr ct Wlth Karen Mre. Jonas at d th t • IU h on h will I • • • • • • Duplexes Mr. Chandler s t ated t h a t the fi nal plans and specifications on the duplex units will be in the HUD o f f ice next Tuesday, August 4th. They will not be reviewed before HUD sees them. Mr. Chandler stated that he already has the review o n th e preli minary plans and specifications from the EHA's Consulting Architect. Mr. Chandler stated that if possible the changes the Consulting Architect recommended will be incorporated into the drawings before the EHA actually ge ts them bac k. If not, an addenda will be issued to the plans and spec ifications. The Board briefly reviewed the preliminary plans and specs for the duplex units. Mr. Chandler stated that these preliminary plans and specs were approved at a meeting with HUD three weeks ago at which Mrs. Jonas and Ms. Powers were in attendance . Mr. Chandler stated that he will have everything approved by the Cit y and incorporated into the plans approved by HUD before N lson-Roth will nego iate a pri c e and sign d con t ract. Mr. Chandler stated that all of the duplexes, excluding the h a ndicapped unit, will be t wo-story buildings . Mr. Chandler stated that he would return next week to have a meeting to discuss the sprinkler system situation. Mr. Ch a nd ler left the meeting at 7:00 P.M. Mrs. Jonas stated that the resolution approving the Development Program for Project #CO 4 8 -3 has to be re-ratified as there were some c hanges in figures. She stated that there needs to be a motion to reaffirm the telephone poll in which the development program was originally approved. MOTION BEV BRADSHAW VED AND CIND Y PETERS ON SE CONDED THE MOTION TO RATIFY RESOLUTION NUMBER 6, SERIE S OF 19 8 1 PE RTA IN I NG TO THE DEVELOPMENT PROGRAM BUDGET FOR PROJECT liCO 48-3 WHI CH WAS ORI GINALL Y APPROVE D BY TELEPHONE POLL ON JULY 20, 1981. THE MOTION CARRIED AS FOLLOW S: AYES: NAY S : ABSENT: BURN S , BEI ER, BRADSHA W, FIXTE R, l'ET ERS ON NONE NONE The re wa a shor bredk for d1nn r . -·- o o con r c w nt •· Mra . Jon • • • t09 her he Wlll be ur f or th i n e r ior includ the o c on sider th e rvi cea oea wan t o r an tha h on h e will I • • - • • • • with Ms. Smith regarding the c osts involved for the duplex contract. MOTION BEV BRADSHAW MOVED AND REV. FIXTER SECONDED THE MOTION TO AUTHORIZE THE EXECUTIVE DIRECTOR, FRANCES BUCK JONAS, TO WORK WITH KAREN SMITH, INTERIOR DECORATOR, REGARDING COSTS INVOLVED IN DECORATING THE DUPLEX UNITS AS LONG AS IT IS FINANCIALLY FEASIBLE. THE MOTION CARRIED AS FOLLOWS: AYES: BURNS, BEIER, BRADSHAW, FIXTER, PETERSON NAYS: NONE ABSENT: NONE Mr. Fischer left the meeting at 8:20 P.M. Section 8 Existing Report The Section 8 Report was briefly discussed . Mrs . Knopinski stated that Pa t Arnett , Occupancy Technician for the Section 8 Existing Program, is beginning to get verifications on a number of people for the 25 additional units of Section 8 that the EHA will be receiving shortly. Mrs. Knopinski stated that staff may start doing group briefings for people who are being verified for the Section 8 Existing Program to save time. Mr. Burns stated that the Board would encourage Ms. Arnett to hold group briefings for participants in the Section 8 Existing Program. Mrs. Jonas brie fly discussed the revised Section 8 budget which includes the 25 additional units. Mrs. Jonas briefly discussed Michael Gray 's (CPA who handled the Section 8 audit) letter recommending hat he EHA get a fee accountant to do the accounting books for th new public housing project . Mrs. Jonas s ated that she will try to get Dennis Sp ncer, Fe Accountant, to at end the August EHA Board meeting . Mrs. Jonas stated that the Elm will st rt making plans to hav Mr. Sp ncer take over the books by the nd of th1s year. HUD E . 0. Moni oring Mr • Jon s stated hat on August 6, 1981 the Equal Opportunity people from HUD w1ll visit the EHA o moni or all o the Housing Programs to s e if th EHA is following f ir ho ing and qual opportunity guid lines. Mrs. Knop nski st at ! 1 raon w Mrs. Knopl.n k1 st d a a complianc review hat will tak each D1scuss1on enau d r garding thta ma ter. r por for st tu.s was t1o B v Bra ah w o a. r. Burna a at d -7- • 0 re Proqram. h he repor form. r nformation . r McCown regarding e wi h I • • - • • • .. • Mr. VanDemark about this type of addition . Mr. VanDemark told Mr. Burns that many contractors will put the addition on cheap as they make more money doing it this way. Ms. Bradshaw stated that Mr. VanDemark took her on a tour of some of the rehab homes on June 11th so she could get better informed. Mrs. Jonas stated that the EHA will set up a tour of the rehabbed homes for the EHA Board. Mr. Burns stated that it wou ld be good for the Board to see a tour of these homes. Rehab Delinquency Case MOTI ON CI NDY PETERSON MOVED AND BEV BRADSHAW SECO NDED THE MOTIO N TO GO INTO EXECUTIVE SESSION TO REVIEW THE LOAN OF A REHAB CLIENT (BRADB ERRY). THE MOTION CARRIED AS FOLLOWS: AYES: BURNS, BEIER , BRADSHAW, FIXTER, PETERSON NAYS: NONE ABSEN T: NONE MOTION CINDY PETERSON MOVED AND REV. FIXTER SECONDED THE MOTION TO LEAVE EXECUTIVE SESSION. THE MOT ION CARRIED AS FOLLOWS: AYES: BURNS, BEIER, BRADSHAW, FIXTER, PETERSON NAYS: NONE ABSENT: NONE MOTION REV. FIXTER MOVED AND CINDY PETERSON SECONDED THE MOTION TO CONVERT THE BRADBERRY REHAB LOAN TO A DEFERRED LOAN STATUS . THE MOTION CARRIED AS FOLLOWS: AYES: BURNS, BEIER, BRADSHAW , FIXTER, PETERSON NAYS: NONE ABSENT: NONE Mrs. Jonas stated that the City Council passed, on first reading, the agreement for the C~ty to adm~nis er the 1981 Community Dev lopment Bloc k Grant money in the amount of $390,000. Mrs. Jonas ~tated that the second reading on this agreement is nex week. Mrs. Jonas a a d thu there w,. • n r vt sion o he rehab gr men and th t was inat 't of in 1 .:linq what th reh loan and grant limi s are ~n the gr ement, it jus ates th t th EHA w~ll recons ider and s these linuts once a year . MOTION REV. FIXTER VED AND llt.V BRADSHAW SECONDED THE MOTION TO AUTH ORIZE THE CHAIRMAN , THOMAS J. BURNS, TC. SI N THE REHAB AGREEMENT WITH THE CITY FOR THE 1981 C UNITY DEVELOPMENT BLOC GkAtiT. Till. M ION CARRIED AS FOLLOWS: 1\YES : BUR!IS, BEIER , BRAD HAW, FIX'l't:R, PETERSON NAYS: NON ABSENT : NO -a- • I • • • • • • • Mrs. Jonas stated that the EHA had originally set up that the grants would be approved at staff level. However , the conflict of interest guidelines which were distributed at HUD's CDB G Small Cities Implementation Workshop suggested that contracts be app roved in public meetings and therefore she had asked Mrs . Knopinski to present the grant applicants to the EHA for approval. Mrs. Knopinski introduced and explained the grants she brought for the Board to approve. Applic ation #81-01 Mrs. Knopinski briefly disc ussed Application #81-01 which is an a pplication for a grant. Mrs. Knopinski stated that this applicant is c las s i f ied a s v ery low income and therefore qualifies through income. Mrs. Knopinski discus sed the items this applicant needs done on their horne. The lowest of three bids on the wo rk to be done wa s $4,893.00. Discussion ensued regarding this matter. MOT I ON BEV BRADSHAW MOVED AND CINDY PETERSON SECONDED THE MOTION TO APPROVE APPLICATION #81-01 FOR A REHAB GRANT. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT : BURNS, BEIER, BRADSHAW, FIXTER , PETERSON NONE NONE Mrs. Peterson asked if the people applying for a grant have to accept the lowest bid amount from a contractor . She also asked if the applicant c ould choose their own contractor. Mrs. Jonas stated that the applicants have to take the lowest bid and cannot choose their own contractor to do t he work. Appl ication *81-02 Mr s . Knopinski briefly discussed Application *81-02 and explained the work items involv d in this gran application. The amount of money involved in this grant is $14,9 4 7.00. Considerable discussion ensued and h concensus of the Board was that they needed additional informa ion in order o m k a deci ~on. Mrs. Jonas sugg sted that Mr. VanDemark be pres n a the fu ur EHA meetings to talk about th questions hat ris conce rning work spec~f1cations on these grant applic tiona. MOTION BEV BRADSHAW MOVED AND REV. FIXTER SEC NDED THE MOTI THAT APPLICATION NUMBERS 81-02 AND 81-03 BE TABLED UNTIL MR. VANDEMARK COULD BE PRESENT AT THE MEETING TO DISCUSS THESE TWO CASES MORE FliLLY WITH THE BOARD. THE MOTI ON CARRlED AS FOLLOWS: AYES: BURNS, BEIER, BRADSHAW, FIXTER, PETERSON NAYS: N'NE ABSENT: N E Oiscu &ion befor 01 a nsued r q x ch ng h ving a sul>coi!Vlli t h b ginn1ng o th EllA Bo rd e ppointed e ings. Mrs. Jon a ked policies and gr n a . o hav . Br • 0 pprov th gran a to discuss the having th EllA I • • (,· • • • • • meetings every two weeks as opposed to once a month and Urs. Peterson agreed. Mrs. Jonas suggested having one meeting to discuss the public housing matters and another me eting later in the month to discuss the other EHA matters. Discussion ensued regarding this matter. The Board decided they would like to explore the possibilities of having two monthly meetings as opposed to one. Delinquency Charge Mrs. Knopinski briefly discussed the de linquency charge which will be assessed to each delinquent loan payment. Mrs. Knopinski asked if the Board wanted to set a certain fee to charge delinquent clients. Mrs. Knopinski stated that she and Mr. Wi ckersham , the attorney for the EHA, discussed assessing a minimum charge and then a percentage . Mrs. Knopinski stated that administratively it would be easier to do a flat rate delinquency c harge. Ms. Bradshaw suggested using the delinque ncy rate the City c harges on water bills whi c h is $5 .00 . Mrs. Knopinski stated that the delinquency charge could not be made retroactive to clients whose loans have been closed. This charge would be assessed t o new loans. Rev. Fixter stated t hat he is opposed to assessing a charge to the loan as most of these people are low inc ome and i t would b e a hardship to some people and make their financial matters worse. Discussion ensued regarding this matter . MOTION CINDY PETERSON MOVED AND BEV BRADSHA W SECONDED THE MOTIO N TO INCORPORATE A $5.00 DELINQUENCY FEE ON NEW REHAB LOANS . THE MOTION CARRIED AS FOLLOWS: AYES: NA YS: AB SENT: BURNS, BEIER , BRADSHAW, PETERSON FIXTER NONE Simon Center Report Mrs. Jonas stated that HUD req~ires a yearly inspection of units o make sur th y are st1ll safe nd sanitary but it appears that this has not been don in th past t the Simon Cent r. Mrs. Jonas s a ed that the inspections re curr ntly being done and a few of the tenants are not happy with this procedure. Mr s . Jonas stated that approx~mately three of the tenants have been given 30 -day notices to clean up their apartment. Mrs. Jonas discuss d th Ass stant Manag rs' contract. She stat d th t more his ~ontract s f r as wha th ir dut1es will detail has been be. Mrs. Jon pr va1l1ng d capac:i. y Ass is apartment. MOTION if th Manag rs h no more y ars o grant vau ble BEV BRADSHAW MOVU> AND CI NDY V.ETJ~.Rl>ON SI::CONDED THE MOTION TO HAVE THE CHAIRMAN OF THF: NCLFWOOD H U RI' rv, THOI'.AS J. BURNS, EXECUTE THE CONTRACT FOR THE ASS!STJINT MANA E. r 'fHI:: SI~N CENTER, JOHN AND BEATRIC CRUMP. THE M TIO CAFAIEO A F AYES : NAYS: ARSENT: Bt:HNS , N t; N E RAD IIA , P IXT .R , PETE N -10- • I (r' • • • • • Mrs. Jonas stated that while the Simon Cen ter was without Assistant Managers, Bill and Cindy Banacki , Resi dent Managers, have worked 24 hours a day, seven days a week. Mrs. Jonas stated that they have worked 18 extra days that they would not have had to work if there were Assistant Managers. Mrs. Jonas asked if the Board felt it was reasonable to pay the Banackis overtime so they could use the money to take their vacation . MOTION CINDY PETERSON MOVED AND REV. FIXTER SECONDED THE MOTION TO APPROVE PAYING THE RESIDENT MANAGERS, BILL AND CINDY BANACKI, FOR THE EXTRA HOURS THEY ~IORKED DUE TO LACK OF ASSISTANT MANAGERS FOR A PERIOD OF 18 DAYS. THIS PAY WILL BE IN LIEU OF GRANTING 18 DAYS OFF FOR COMP TIME. THE MOTION CARRIED AS FOLLOWS: AYES: NAY S: ABSENT: BURNS, BEIER, BRADSHAI'I, FIXTER, PETERSON NONE NONE Mrs. Jonas stated that she and the EHA are being sued by the Small Claims Court. She stated that the former Resident Managers, Ray and Gerri Stout, are suing for overtime they said they accrued while employees of the EHA. Mrs. Jonas stated that as far as she c an determine the Stouts' overtime was never authorized. Mr s . Jonas stated tha the Stouts sent a request to the former Executive Director, Mike Reddy, stating that they wanted camp time for the overtime they worked. Mr. Reddy n ver signed off on the comp time request. Mrs. Jonas stated that the summons was m d ou to Frances Buck. She asked Mr. Burns if it was legal that th summons was s rved to Frances Buck instead of Frances Bu ck Jonas. Mr. Burns s at d tha thls was not legal and that she should file a motion to dismiss the case. Mr . Burns sugg sted call1ng the Small Claims Court to find out th procedure for aak 1ng hat th d1sm1ss d. Mr. Burns stated that Mrs. Jonas should move to qu ah th s sh really wasn't Frances Buck . Mrs. Jonas stated that th S or S 83. 72 in over ime pay. The cour dat is se for Oc Mr s. Jon s r sol ution eting on John Lowry, Ass1stant Director of F1nance, informed her budg t should be pass d by a reso lution. Mrs. Jonas stated h S1mon C nter budget; but after r ading the minutes of budg ssed, she couldn't find that the budget as a d that there were two portions of the budget the budget as a whole was shown a being sh w~ul l1k uthoriz tion from th 1981 S1mon Center budget as it w s MOTION Bo rd to pr pare a pproved at the special BEV BRADSHAW MOVED AND CINDY l'ETERSON SECO NDED TILE MOTION TO AUTHORIZE THE EXECUTIVE DIRECTOR, FRANCES BU K JO NAS, TO PREPARE A RESOLUTION ACCEPTING THE 1981 SIM:>N CENTER BUDGET AS IT liA S APPROVED AT THE SPECIAL ENGLEWOOD HOUSING AUTHOR ITY MELTING ON FEBRUARY 4, 1981 . THE MOTION CARRIED AS FOL S: AYE S: NAY S: ABS NT: BURN S , 8 It , BRAD HAW, FIXTER, PETERS NON N NE -11- • , I • - • • • • New Projects Koza P rope rty Mrs. Jonas stated that Mountain United Church Housing (MUCH) is interested in the Koza property again. They want to do a joint venture with the EHA. Mrs. Jonas stated that MUCH has a commitmen t from Colorado Housing Finance Authority (CHFA) and CHFA said they would give high priority to this project. Mrs. Jonas stated that the representative from MUCH is looking into getting an option on the site. Mrs. Jonas stated that the EHA would be willing to work with Mountain United as long as they are willing to do the project with the agreement that the EHA can manage the units . Mrs. Jonas stated that MUCH has been doing a number of projects downtown s u ch as converting old hotels and have also done some family housing in Arvada. ~rs. Jonas stated that the Koza property is located across from Centennial Park on Federal and Union and are townhouse units. Mrs. Jonas stated that once the representative from MUCH talks with her Board, the EHA will discuss a basic proposal at staff level to bring to the EHA board. Burt Project Mrs. Jonas stated that Dorothy Romans, Assistant Director of Community Development, was going to meet with Burt representatives to see if they were willing to continue with the project if the EHA didn't act as the developer. Mrs. Romans was to ask the representatives if they were willing to come up with their own proposal because at this point the EHA cannot go any further without a basic preliminary proposal. Mr s . Jonas stated that the EHA doesn't have the staff nor the capability to come up with a proposal du to he tec hnical knowledge involved. Madera e Rehab Mr s. Jonas s a ted that sh received a letter from CHFA stating that the Moderate Rehab project has been appl1ed for. She stated that the EHA is wa1t1ng to hear back from CHFA. Director's Choic Mrs. Jonas stated tha Al VanDemark 's pos1tion has been reclassified to Te c hn1 cal S rvices Sup rv1s1on for he 1981 period of the CDBG grant. Sh stat d h Cindy Ad ' posi ion has lso be n r cl ssified o that of Secre ary. Mrs. Jon s bri fly ed the annual r port f or th EHA. Mrs. Jon s stated th t t h r epor ind1cates that the EHA is 1n good f1nancial shape this year. AU p th ed th t h Regional NAH Annual Co nv ntion is being held in n n August 16-19, 1 Al. Sh stated that this meeting was budgeted Housing Au hon y op r tiona budg t. Mr s . Jonas stat d th t in order t nd lhis con vention , th Ci y Co un c1 l has to pprov th1s. Sh she is ask1nq for pproval unce it is b ing p id for out of Housing r y inst ad at ( i ty money and she w nt d to mak sur the Board r going. Th o rd gre d it wo uld b okay for Mrs. Jon s to att nd 1 NAIIRO Annu l Conven ion in Billings, Montan . -12- • I • • • • • • • Housing Authority Insurance Let ter Mr. Burns stated that he would like to check into the EHA Commissioners' insurance matter when he attends the Commissioners ' Conference in San Antonio on July 30, 1981. He stated that the EHA has been told they are covered by the City. Mrs. Jonas stated that the additional $30,000 from the DRCOG grant has been approved by HUD and the agreements for this money need to be reviewed and returned for the City Manager's signature before HUD executes the agreement. Ms. Bradshaw stated that a "Paint-A-Than", which is being sponsored by Brothers Redevelopment, will be held on Saturday, August 22, 1981 . This is being sponsored metro-wide. Ms. Bradshaw stated that volunteers are needed to paint homes on August 22nd. There being nothing further to discuss , the meeting adjourned at 10:10 P.M . -ll- • I • • - • • • • • • The Englewood Housing Authority Minutes of the Regular Meeting of July 29 , 1981 were officially approved by the Commissioners on August 26 , 1981 . • I • • - I • • - EJI!GIE ·.QOD T'OI· !TO' • ..!l D<:VI':!..OPMI'2IT AlnJDRITY 3535 So. Sherman-Eh glewood, CO 80110 5 0 , I.Jecinesday, August 12, 1981 ~llTI'F.S Board ~lembers Present: Bu sh , C'.ol eman , C'.asson, 1-lolthaus,Y-aufman, Maxwell, Neal, l);ven s, Penrlletoo, Robohm Board ~"Embe rs Absen t: l'lausolf Sta ff "resent : Haviland, ~i.rrq:Json Guests and Visi tors: Beverly Rradshavl, ?1ayor Pro Tern, City of Fhglewood ; Jim Chambers, Png lewood/United Suhurban Chamber of C'..at~rerce; Cordon C:lose, President , d. b . a. ; Susan Powers, Oirector of C'.onnunity J'evelojEBlt, City of Englewood ; l~thye Thomas , Englewood Sentinel . Board Chairman Holthaus called t Regular .eeting to order at 12 :12 P.M. Hr . Kaufman rroved that the Minut s of the Regular meeting of July 8, 1981 be approved as distributed . Se coo ded by Mr. Robohm. The rrotioo was car- ried by a voice vote. Mr . Gasson, Treasurer, presente he Bills for Payment in the cm:nnt of $2, 803. 85. T . Kaufman rroved that a 11 bills b paid as presented . Mr . P.obohn seconded the rrotion. The tion was carried by a voice vote . Director Haviland stated that a rough draft of the b udget had been com- pleted and that the final draft l'!l.lSt be canpleted before the end of the m:nth . The Board of Directors was aske o r ad h ~ OO CU!lEI1t s on Conflict o Interest Legislation. !i.e tol (l them hat he f lt it would be h lpful for them o review the e articles ,md use them as a ba.c;ic criteria o guide them in t'le course of their lhlic. . ervice. I • • • • - Engle\>IOOd Parks and Recrcati.al Coomi.ssioo Minutes of August 13, 1981 'The regular llDlthly meeting of the F.ilglewood Parks and Recreati.al Coomi.ssion was called to order at 5 :10p.m. by Olairman, Jack Poole, in the In-service Training Roan in the Parks and Recreation office . MenDers present : Poole, Howard, Allen, Bradshaw, Hi.gday, Richards Romans, ex officio MenDers absent: Boaranan Also present : Leal Kuhn, Assistant Director, Parks and Recreaticn Dept. Ibug Foe, Assistant Director, Parks and Recreatioo Dept . Chairman Poole asked if there were any additioos or correcti.als to the minutes of the meeting of JU'Ie 11, 1981. n-.ere were rux1e . Director Ranans reported that the Ccmnissioo' s recamendati.al that future recreaticn program fee increases be on an individual basis WlS accepted by City Cculcil, but he 1ol0l'ldered if this meant aporoved by City CoiDCil. Ccmnissioner Bradshaw stated that the Coomi.ssion • s recarmendatioo has been approved by the City Cculcil. She will recoomend to Council that a letter be written to the Coomission concerning this matter . Final approval of the Parks and Recreation five-year capital in"provem31t pror,rLIIll was discussed. It was stated that: City Council is thinking that roore budget concent- raticn will have to be made for the Police DeparO'Ie'lt in the future years due to Engl~' s crime increase. Also, ther is t'i'lJCh interest oo thE' development of lkJI.ntc)ll..n Filglewood . Ccmnissiooer Bradshaw voiced a concern of maintaining the facil- ities already in operation by the Parks and Recreation DeparO'Ie'lt . Ccmni.ssioner Richards made a lat arrival. Coomissioner Bradshaw suggested a be presented to City Council seating that the Cootnissioo's high priority is th community center on the five-year capital im- prOVEII8lt progr After spending t moon at Centennial Park, Coomi sioner Higday canrented that he beli additional property is no necessary to the i..rq:lrovement of Centennial Park . I • • • • • Page 2 Englewood Downtown Development Authority August 12, 19Rl Regular 1!eeting Director Havilan-i proposed that the rear of the building at 3470 South Broadway, with the exception of tlw marblized tile, be painted a similar color as the abutting building. After discussion it was generally agreed that this ~uld be a wise decision. Mr. Haviland asked for volunteers to help paint. Mrs. Owens vohnteered her help and Mr. Coleman will aid in obtaining the paint and brushes at a reduced price. Mrs. 1-blthaus asked the 'Poard for volt.nteers to discuss and make a recan-menP~tion to the entire ~ard before September 1 , 1981 on the matter of the listing contract with P.ealty 1·7orld-Senti. This contract will expire Sep eml,er 1, 19 l. !"r . Coleman, ~s . Owens and Mr. Robol-m ~.n.l sit on the comni ee. Director P~vilancl announcen that City Cot.ncil will set a date for a Pu"!)lic Hearing on August 17, 1q8l, concerning the walk-through. Pe will actively participate in the refinement plans ot the walk-through. It is possible that this project will be CC~Tpleted in 1981. After discussion of' possihle cost overnns the Board felt that the E'ngl~ IX!wntown Developnent Autoority is financially responsible for part of this overrun . Resolu ion 3, Series of 19~1. a Resolution concerning the Little Dry Creek 100 Year Flood Plain, was read. A !lOtion to aoopt Resolution 3, Series of 1981, was made by Mr. Gasson. Seconded by Mr. t-l.axwell. A voice vote was taken : all "yes" votes and no ''no" votes were recorded. 1-btion carried . Resolution 3, Series of 1981, is attached to and made a part of these ~inutes. The report of the Director was based primarily on the role, duties, obli- gations and time carmi t:mmts of a ard. t-'1-s. Si.tr\)son stated that she had been ~rking on fulding through grants and fOU1dations. She will visit Olde Town Arvada, a renovation project which is part of ftle city ll:lwn own Turnaround Plan, and meet with the city's coordinator. Chairman 1-blthaus askeri for vohnteers for a Steering Corrmittee . 'Ih>se Board merrbers serving in t ·s capacity will be as follow: Mrs. 13ush, Mr . Coleman, t1rs s an . . Pendle on. It was brought to th attention of e 'Soard that the International IU.vn- town Ex cutive Association (I .n .E.A.) Annual Convention will e held in Portland, Oregon on S ptenber 24-26. There ~...er =i ~s hungetec1 or this and th ~ard gsv Mr. Haviland consent to he present at this convention. It was noted that anot r Board t-1 eting will be scheduled during the l!Onth of Augus . A sch dule of me tings which sl-oould of interest to Board Menbers and should ttended will be prepared and distributed . 1hcre i.ny no fur h r husw ss to discuss, th 1 :30 P . • ting was adjourned at '•• I • • Parks and Recreation Ccmnission Minutes of August 13, 1931 Page -2- • • • Commi ssioner Bradshaw suggested that the priorities of the five-year capital ~rovement plan be redone so that City Council can better understand the priorities as requested by the Comnission . Conmissioner Allen made a m:>tion to sul::mi.t a ~- year plan on capital ~rovements to City Council; the m:>tion was seconded by Ccmnissioner Richards . The five-year plan will be retained for future use by the Ccmnission. Progress on the golf course new nine was discussed . Rich Lawn, a sod CaJl'CII'IY, is finishing up the laying of sod at this tim:!, and the second nine is in fairly good shape for the ccm:ing tournaments on the~. It was agreed that ccmnission merrbers \otlo were interested will tour the new nine holes on August 24. Concerning the Sinclair swim pool leak repair, Director Ranans reported that the leak was found and repaired . He explained that due to electrolysis between the re- inforcing rod in the concrete and copper pipe, the copper pipe did deteriorate in certain spots . He passed armnd to the Ccmnissioners for observaticn a piece of the damaged pipe. The contractor and pool consultant indicated that all the copper pipe should be replaced with plastic pipe . Assistant Director Foe stated that the pool lost considerable anvunts of water due to this leak. Copies of the 1982 fudget Request Sl.mllaries were given to the Ccmnission with the explanation that salaries and inflation increases accOUlted for nvre than the increases in the budget . Ccmnissioner Bradshaw departed the meeting early. Assistant Director Kuhn reported that one of the biggest increases in the budget, 67'/.,, has been charged to the Parks flepart:rnent for its space rental in the Servicent r . Director Ranans has asked the Finance Deparorent to check out reasons for this larg increas . 'Ther s discussion cooc ming s rvice award plaque to be awarded by the Conmis ion to Sel Hewitt, chool board representative, \otlo served on the Parks and • I • - • • Parks and Recreation Commission t-'.in utes of August 13, 1981 Page -3- • • • Recreation Commission for nine years. He retired fran the C.cmni.ssion in the Spring, 1981. Cllainnan Poole suggested, and it was agreed by the Commission, that this will take place at the next Commission meeting, Septerrber 10. lhder Ccmnissiooers' ch:>ice on the agenda, Commissioner 1-bward stated that the aerial view of Ranans Park was very ~ressive on an evening televisioo news story coocerning a fire at the K:ilrberly Village apartment ~lex. Also, she requested that the meeting time of the Commission be placed oo next IID[lth' s agenda for dis- cussion by the Commission. The meeting was adjourned at 7 :00 p .m. ~.~secretary • I • • - • • \ MIDRANIXM • • TO: ~D CI1Y CXJUNCTI.. FRCM : ~PARKS AND RECREATIOO OM1ISSIOO DAlE: August 13, 1981 RECXH£NDATION: The City Council give serious consideraticn to the projects listed in the follCMing ~-year Parks and Recreation plan. Projects 1982 1. 2. 1983 1. 2. 3. 4 . 5. are listed in priority. ~Center Rec that full support fran City Council for a camunity center be give:t during the bond election for a camunity center. ~in 1st J?hase of "Beautification of~ewood" se zoru.ng regulation to require a te landscaping. Prepare 1983 budget to include forester or horticulturist. Cooplete Phase III of the River Redevelotm!Ot ~t with plans to construct o.u slow-pitch softball fields. tl F al grant m:ney will still be available in 1983, this project could rate high for fuld:ing. Q.Js~ Park Expansion ACqwre adjacent park land west of Q.Jshi.ng Park. Centennial Park ~sion .Acquire adjacent par land north and east of Centennial Park. Add City Forester or Horticulturist to enforce present tree ordinances, eallCate Cl.tiZens on tree care and appreciation, and prarote the green- ing o[ the city. Provide Fis*' ~rtunities t McLellan Reservoir This \oOUld ca ortrash barrels ana a small nuri:>er of trees and shrubs . W::>uld not be developed as a neighborhood park, but \oOUld be for fishing opportunities only. See attached sheet for additional informatial. • 0 I • • 1982 • • • 'IHJ-YEAR CAPITAL IMPROVEMENI' PRt:.'l\,RAM Parks and Recreation Department August 18. 1981 Camunit;x Center A fac1.hty to meet the recreational needs of the camunity other than the Senior Citizens wOO are now being served by the Malley Center. The youth, young adults and middle-aged persons wOO make up close to 80'1. of people in the camunity have no opportunity to participate in new interests, new hobbies, meet new people, make new friends and learn new skills. The camunity center will be similar to the Halley Center rut will offer many nore activities especially in the physical and sports areas. A camunity center can offer many activities that the family can enjoy together or at the sarre time . A camunity center should reflect the needs and interests of the camunity and should provide the space and roans nec- essary to satisfy these needs and interests . The average camunity center pro- vides craft roans, gyrmasil.lllS, meeting roans, kitchen, swim pool, -weight roo111s, Jance roans, racquetball courts , saunas, game roans and social roans. Engl~ is the cnly city in the metro area that does not have a camunity center. Beautification of Engl~ ThiS program :wouldlilc1\Jde a stories of develoilllE!l'lt phases : A. Add to present zoning rep;ulations -greater E!ll>hasis on required landscaping and open space area for certain future constructicn . B. A program of education and infonnation for the citizens of Engle~oood . Fill the position of City Forester to assist residents in tree problens and proper tree care . The City Forester would also serve as an inspecticn agent and would be responsible for proper action within the city code for tree disease epidemics , licensing of tree spraying and trinming c~es . A general prcm:>tion of t:h£- greening of the city and observation of Arbor Day 'lolO\lld be the main responsibility of the City Forester. C. A citizen assistance tree planting program with the city sharing the cost of purchasing and planting appropriate trees in the city . This program would work in cooperation with the annual street paving program where trees are ranwed for street improvements and would be replaced by the Parks Department . D. Construction of Skerritt M:m>rial Park, which would be located at the Broadway/ Hanpden Interchange just off Broadway Avenue. This park would be about 3/4 of an acre with proner landscapin~. benches. a mirror low-level pool, high spouting fOW1tain and a marorial plaque honoring Mr . Skerritt as the founder of the City of Englewood . This would assist to beautify the downtown area. E . Encour ge nore landscap~ and beautification of the downtown area by the Englewood lbwntown DeveloilllE!l'lt Authority (EDDA) such as the proposed ~rovement on the -west side of the 3400 block of South Lincoln Street. F . Include a greenway along the Little Dry Creek. struct o a 1. t so t a 1.e canp ex (2 fields) canplete with bl chers, press box, parking and restroc:m>. These softball fields will be con- structed for slow-pitch softball. Slow-oitch softball is a fast growing activity nationally . Th r is constant danand for this ctivity in &l~l~. Completion of this proj ct will give ooportunities to participate in golf, hiking, biking, r fting, cons rv tion and pr servation. Estimated use : \-hen area is C<Xl1'leted, it will hav s many as 168, 000* visits per year. When the trail to • I • • • • • -2- Ola.tfield and Bear Creek Reservoirs are caJl>leted, the ru.mber of people passing through Engl~'s River RedeveloJm?nt area could be 780,000 to 800,000 people annually. Cushing Park ~ion (West of park - 5 acres) The five acreS<>ana adjoins Cushing Park on the west side. This area would be ideal for park expansion. Needed facilities in this area are ternis courts, rmre picnic area and possibly a small neighborhood pool. Since this area has industry to the west and south, lighted tennis courts and swim pool noise will not bother neighbors . Since this area is zm£d light industry and is presently for sale, it is a real possibility that a quick food business will appear. Cushing Park is 7. 25 acres and is used to capacity on weekends and holidays . Additional land \OOuld give opportmities for tlll[ly roore activities and programs . The opportmity to increase the open space in this area will be possible only in the next few years because the develO!XJII!llt of this la'ld is eminent. Centennial Park F.xpansion (Peter Kewi.tt Land -7 A; Hall Property -4 A; CDI PrOj)erty -IS A) Centemial Park is the only water oriented park in the city. The shore areas on the north and east side of the lake are very narrow and additional space is needed . The CDI property, which is a sanitary land filled land, lies north of the lake, and the Hall property, 'Which includes the outlet stream fran the land and sate er.cellent natural grasses and plant growth, lies just east of the lake . The Peter Kewitt property, which is another old sanitary land fill, lies east of the lake and south of the Hall property and ~d provide a natural comection to the South Platte River and future hike and bike trail on the river . Acquis- ition of these additional parcels of land would rrean that tennis courts, flower gardens and picnic areas could be available to this section of Englew:xxi . Provide Fishing ~rtmities at M:Lellan Reservoir ThiS proJectcal~or opening l"tte1lai'ld Reservoir for fishing. ~ovenents ~d include trash barrels, planting a srrall 8111JU\t of trees and shrubs around the reservoir . lbul.d not be developed as a park. 1-k:Lell.an Reservoir does contain many large size fish. Engl~ Recreation Department ~d provide classes in fishing, fly casting, etc ., both for adults and youth . I . • TO: FROM: DATE: SUBJECT: • • • s -r MEMORANDUM Honorable Mayor Eugene L. Otis and Members of City Council Louis Parkinson, Municipal Judge?~ September 1, 1981 MUNICIPAL COURT ACTIVITY REPORT FOR JULY 1981 Attached is the Municipal Court Activity Report for the month of July 1981. . The report is being transmitted to keep you fully informed of Court activity and requires no action by City Counci l . /b Att. • , I . . ,. • • • 11/i rll r.1 r M. r.oun r At'i.(V\1.( iir )•i t~.( .. ·----. ·-.... --.... -.. -·.-------.. ------... --------ViuiJt iun'l Uurc.1u f •ne s---------------S 5 ,417 .00 r~rk i n q Yi ol~tton s Fi ncs--------------S 4,939 .00 r~, rt r., •. ~,------------------------·--$14, 067.. 00 (t)U r t r.o, 1. , ______ ---------------------s J ,49q.no \!i t nc --; Fcc;.-------------------------S 12l.OO Jut v J cc s-------------------..................... s -o-Cv tld iot·f c i turc s ----------------------S 775 .00 Odvc!l· ll ot~H "OY C'kle fl t School Fccs--------S 375.00 Appeal Oon~ Fe e s----------------------$ -o- fh"dP tlhoc Co unty (UUI'< )---------------$_7_45.·.~ TOTftLS IIPPft fr.•n.t£NT~-------------------------- r.•tilty p l~~s (Incl. nolo plcas)-- flot G•tiltv ~l~o s ---------------- Cont'rl., ''•"led to ftppc~r . Ols ... - TP.t.rr r ~ VIOlftTJOhS OUREftU------------- G•II !ty r l~.H----················· t:~t G"i 1 t1 plc~~----------------- T~! t.L~ ~Cii[OU LED FOn r.;()lfTII------------ Tt•iJ l ; to the Cout·t (hcld)------· ,lu r v ft· .. ,l, (ht•ld)--------------- ·'U f'I C'~ can cc I Jcd-·--·-·--------·- J ul'i c s ront lnu r d----------------- J u rt c~ d I sm i s scd----------------- Prr -tr fa l f.n•fc rcnc cs (Jury Tr l als)--- I·!Jn c.t ~o t•y rr~-t t'iJ 1 s------------------ Sp~:! J 1 II CJ1'it1 9:---------------------- CJ:cs c losed by dfs pos l tton (P.B.)---- Ca~c s closed by Dcf. Pros./Sentcncc--- Dr t ver School atten~nc•------------- Horra nts an d (xecut l ons Issued-------- $2~,954 .50 569 220 196 153 296 103 113 256 (26) 231 (26 ) 25 (0) 10 6 1 42 250 OJ 193 6 18 85 G,ono.so 6,263.09 IJ,~rn .on 3,71~.00 150.00 -0- 150 .00 375.00 -0- _J.f\7 .• 5!1. 31 ,454.09 ~~I 711 130 100 3?1 7.?0 101 269 (19 ) 2~0 ( 17) ZJ ( Z) 21 0 0 32 223 66 194 12 33 0 f•~~-. pcndf n1 (not Incl. pa r kin~)-----1 ,940 1,055 r~._n•_ r_0r_-. .!.''L'l_ll_I,.!]IT@;'_Y_: J:.>v1~1 t•·~~r,c ••ol4ttons-------------S83 r.,rk IM vfoh t •nn•--------------------?2n Shop I lftin? vtolath,s----------------36 Other ordtt .. nce vlohttons------------209 Anfral ordfnuc~ vlohtlons-----------22 rn •tl.tlnt•, (citi·~n. • .. 11~-'"• hld1.) __ ,_ TOTALS 1,10 1 nesPt"ctfully subt!t1tted , CE;,/1._:; ;g~v;r ~""A•~ J. ~£1/'lfY, Cl erk of Knief •I CO'Jrt rr: 'tt-4f1" f ,.,, .. r.,rtf "ot"" 517 13G l3 71 34 , 1 ,170 """r·•'•l~ l'>vnr ru•1tn~ I, I) I~ Mrl l '""""'r ~ t1f f. tty r!lltMfl ''~'' l'r'~. 111'r t•un'r'r H1<l llrWtlt, ~ltv Attonll'y I t •rl l~tl•o•<. I ltf~( nr tll lfct '"". ""~ •• flirt'Cter or """ ~ C•roly J. IIOI'tt• r, r111.1rt 11011 nhtr~t&r • • 38 ,105.40 4S,IOJ.J4 77 .~0~.00 7.J.?2 J.no 76L .50 225.00 1 ,875.00 2 ,220.00 -0- -2.·5.5_7_,5Q 195,579.74 2,684 I ,176 1162 6~6 ?.,'In 1,674 617 1,595 (157) 1,416 (141) 179 (16) 131 31 I 175 1,409 457 964 31 1S8 504 3 ,759 7,47q ZOI 703 167 43,246.50 37,04 8 .31 7 6,~31.00 zz .~us .so 715 .00 50.00 6 10 .00 2 ,460 .00 3.00 _l,J..'">!l,2i 186,999.86 2,332 1,06 3 147 S2Z 2,7?5 2 ,047 613 1,449 (66) 1 .~16 (60) 33 ( G) Ill 7 z 149 1,5111 235 1,197 39 178 378 4 ,098 9,r.os 133 283 198 --'-'1 12 ,337 ~ 14,55 3 I • • • • • • • 'II'£""' :D .. S~f."•'=/l,,E .. :J --4 6 t)f Sottl ~ :!t:Jwu_oc;( E"vLw · .. wJ, C.,L, ... fv S0/10 :J(: rs· 5-:.. ('/i~rckt!~t~IO(o (a A --;;;; fi~t~7N-G~'.'t' Of,J '?hi /ik,J-J L>tr.;-,,f! En_1 t:_,._ ...... J C',/y (~..,., .... ,/ ~mil;; J,,.,.J~ c,-,_.._,,rn~ 1~,;''-~'S (tre yCJ/,(J h rey .. ·,re my ew,h·~,v-u( ~~ts""'-~ £,~ c':l(e,._~-,.d {;.,.. &'1,., ,;,.ft·.f;,.,'fe . .J 'h ' /I l A ,/ .. j / . f /) f:l"'':"~d. _tJr '~"-.· V~~rr:~J~ (·,rc.·,I1!>T~:,v;s. '"'-tic nc "ritt/ flt.w.f ,.,.. o . .:;:..;M I:J< ~tr ~.-i'Jt~t ~ < ·,,f-.,,vc m7 tc4,-h_,.. tllit ( S'..t~tr .f3;:.t7ttl ,.,.,~,14 INr->-/,-/.:~ '-'hb1 .T <•t.fnncf-AtiPn&( m.;,•h'1~ 0 1 t< ~J',;/~r /:.,,~,j , ..L-~It ~r~ Y-e s~tt:ff.~ 1(1 "'7 v~.sf 1 t-kf y~u •~C< Y"'f-H1J ~.s~} i1<~h6-r, .{..;..,,., fk t=".;i:.~~·.-,.,-( 4'-~r -1 ~...:e,.-.Bcr.cr(( ~-+ --fl.; .s fr"m.t-, I IL~v~ "'e'l mt,,·/, o'J.vyliif ~,.,v( 'lf"rt:!<t~f~t( 7--f~ ~~f~"fv"''7 ~ ~rve ~ .. , +h,s ,bq<trtl ?l"c{ S'tlul/ C'cl;f,·,, .. ~ ~ ~1/o..._, ,1-s ~u-1/v:-lti:~-,:/..-fh 1, h r-r s-1-, s;~t '";-e.7 /t) ..... Y'j~ tti.~--J.'LL,k,"t:.,.y- CJ CliY r.:J.:;', .. Li1:. ·; '"·-' ENGLEWOOD • I . • • • • • • • HART D . GILCHRIST 2338 EAST FLOYD Pi.ACE. ENGLEWOOD. COLORADO 801 10 August 11, 1981 The Mayor of Englewood and .r-1e mbera of Council ENGLEl«>OD CITY HALL 3400 South Elati Englewood, colorado 80110 Gentlemen: REC EiV ED {\,J.! u 1 2 198 1 ,;;/{ /-... CITY MAN.\GER'S OFFICE ENGL WOOD Please accept thia letter aa my reaignation as a member of the Urban Renewal Authority for the City of Englewood. I regret that I have not been able to make a meaningful contribution to the city • HOO: jm • -- I . - , • • • • MINUTES SPECIAL MEETING ENGLEWOOD PUBLIC LIBRARY ADVISORY BOARD September 1, 1981 Chairman Howard Morarie called this special meeting of the Library Advisory Board to order at 7:35 p.m. PRESENT: ABSENT: ALSO PRESENT: Howard Morarie, Bruce Hogue, Bob Currie, Joe Rathburn, Dorothy Wheelehan. Mar ietta Brown, Norm Kerswill, Jerry Valdez, Kay Van Valkenburg. Sharon Winkle , Director of Libraries Donna Gottberg, Recording Secretary Roll call was taken and a quorum declared present. Chairman Morarie turned the meeting over to Sharon Winkle. c As background, Ms. Winkle discussed the decrease in state funding for the Denver Public Library (DPL) which has resulted in fees for non-resident use of DPL re- sources. It was explained that access via interlibrary loan was funded and will continue, but that ite~as in the Denver special and research collections arc not available through interlibrary lo n . The purpose for the meeting was to consider a recommenda tion to Englewood City Council that it contact the Colorado State Legislature regarding recognition of the DPL as a state information resource. In response to question from the Boaru, Ms. Winkle stated that the CnglewooJ Public Library h s received no information from the DPL regarding either the administration of the non-resident fees or the administration of the Colorado Resource Center Interlibrary Loan Program. A lengthly discussion wa s held regarding the DPL special collection with emphaSJ.s on the re&ional depository coll c~ion of federal documents. The Board decided that too little reliable inform tion w s available t this tim . Bruce Hogue moved th t due to 1 ck of inform tion from the DPL tho Bo rd hould not aale recommendation to Engl wood City Council regarding state funding for the DPL. Bob Currie seconded, motion carried. M ting djourned at 8:25p.m. • I . • ORDINJ'.J,C:E NO . {p{p SERI E S OF 1981 ____ _ • • • BY AUTHORITY COUNCIL BILL NO. 72 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLO RADO, DEPARTMENT OF HIGHWAYS, CONCERNING MAINTENAN CE OF TRAFFIC CONTROL DEVICES ON STATE HIGHWAYS WITHIN THE CITY OF ENGLE WOOD . WH E RE S, the City of Englewood, Colorado, is desirous of enterin ' into a contract with the State of Colorado , Department of Hi ghwa y s, which requires the City to maintain traffic control devices on state h ighways and receive payment from the State of Colo rado. NOW, THEREFORF., BE IT ORD AINED BY THE CITY COUNCIL OF THE CI TY OF ENGLEWOOD , COLORADO: Sect ion 1. That the C1ty of englewood, Colorado, and the State of Colorado shal l enter 1nto a contract for the operation and maintenance of traffic c ontrol devices whereby the City shall install, ope a , main ain, and con rol, at State expense, traff ic con rol devices on st e highways within the City of Engl e wood, whic h contract is attached hereto, consis ing of sevt.!n (7) typewritten pages, and incorpor ted herein by r fcrenc Sa1d contract rovid•s a s follows: 1. The con r ct dat d .July 31 , 1980 is null and void. 2 . State, shall provid the m npow s ary to operate nd rna~ t jn state highw ys w~thin h c i y by he Stat 3. Th i )' 0 those d vic s m 1n 1n d. co by nd nd t: Til nd ''· Th moni or ny ic ncy wi hin • 7fJ I • • - • • • • time, and the State reserves the right to correct any deficiency and deduct he actual cost therefor from the payment to the City. 7. The City shall maintain adequate records to insure that tra ffic control devices are properly perfo rming their func tion. 8. The City shall hold the State harmless , so far as it legally may, for the actions of the City's employees or agents. 9. Th e Division of Highways will be responsible for mon itoring this con ract for the State. 10. Special provisions included in said contract includ approval by the State, availability of State funds, bond require- ment, min ~m um wage, discrimination and affirmative action require - ment s, Colorado labor preference, requirement of compliance with all State laws, and that the signatories aver that no State employee has any personal or beneficial interest whatsoever in said contract. 11. Said con rae shall remai n in effect until such tim as State and City desire to change the rates as shown on Exhibit B or change the total charges as shown in paragraph 4 of said con- tract, which desired c han ge s shall be submitted to District Eng ineer by March 1 of the designated year. Se c ion 2 . Th Cily Council of the City of Englewood, Colorado, hereby authorizes the Mayor of the Ci y of Englewood, Colorado, to subscribe his name o said cont r ac for and ~n behalf of he Ci y Council and the C1ty of Englewood, Colorado , and he Director of Finan , ex off1c1o C1 y Cl rk-Treasur r, est the same. In ro uc d, r d in ull, nd passed on first re d1ng on thP 17 ·h d of Augus , 1 81. Publish d s a Dill for n Ord1nance on the 19th day o August, 1981. R d y of S 'P 1 81, on rul pa l by i le day of S p -2- u on fin 1 re ding on the 8 h o. ______ , S ri s of yor • I • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood , Colorado, h e reby certify that the fore- goin g i s a true, accurate and comp lete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1981. Gary R. H1gbee • I • • • • • • /..)1/\ll . .. ((Ji\J H HI I ' ,f , ol( A J ~J' 11 :l, I' '·¥on i'.: . · r ~~ rr:~ : "--: 11.n .• n,,f_.--,_, llr '\ .. ~ ,_,,.f ti l.' l'lf)' (/ ''"'tl.•v,), ;)Ji\lr 01 l L~o.v~~. .. J /-:--~~~ .. r;;~~i £ol d I) ;J\ l ht .t-.~;::~:~- h'}J ffll \S • I "J'J' --~ I 'I I I ., ll d i ,, t..!. I'll I :IV.lll.ahl,. r· t ., •. r ' r 1 .-, ' .. f 1 ,.. C/l A L•H::-t :. r ' f}1~,,. .n .. \'!':-";:.·.-\II), r r;u _J ... , , o..; •• ;.;tes o 1J ~'. t .. ,: '1,-~t;JrMr·;. ·J ' f": f \ II t f I • J 4l -'•-502 41 ·1-106, ·11-7-lOJ, .. J·l -1 , .. nu 'd ~-l •'tt,, t:.R s. I9/J , St .~c HliF 1 '' . , ~ ... ,11 . 14 f ,,. .. tr> '" ancl m1int:.Ji n "1 1 ' ;, ., T'(tl ' •:icc r. .. ") I • J t" ..J t! ' 1. Tht• C~H1tr .t d •leu I llV 3 1, ], •S I to!;.\ ·> d C'hrcd null nnu id 2 . 'fha Cny or r ,,. COil r ctor for tl S t r.lt!, --l: ,, r .. n. l• ,, n~ r, c !' .I c,. \ f,.. n t') I I '1 " n t l l lt ,j c<ty lit ita, l . (' II -, ""' .. rIc.-I iL', t' s I I I . ,, . II ' ld ,, i• thr ~,., i I i" It a £ I lc ' trol It! ,. , h ' r ro' lfol • I • • I r l ...... , /, '.,,, '·'·// iJl J 'J.I l,J 11. ,, r (IJ' I H $ I '. r ,, • • • 11 It • l '· l. "· r "' t11,, ltn l1 '. tl uLI, ;)II If. Ul u (.,.,..) --.. ---------:--.:-liur(.·r ll f 'il_; t 1 lS !~, 1 I of -~!•If, "' h'll fr.l$ •. 1 ••t~ 1 :-t·\a·d:•.nl.tn • '"'! r l .;,~r-..,r-·:•-J:t .. ,, .... n.o,, rt·~J-:lV;ulo..~hl_. r· 1 .., ~ f • t r • 1 • 1,., '·· 1' f 1 ,. " ' fnr t t 1 1 f • •, •-, ?I)') 1 , G/J A ''):!;-<1 ;, .r ' fl1lr, ''" • • • "' 'f.J'l ~; •• ' r il•l ._ j \' !!:-~;~,\<t, r ,u· ol: .. _; ••• ~&t"J ;uJ j-g c-.;c·lh.tll Ulh.h ·l tut llotlly vf Sct..!tion.:t 42 -4-50?, LIJ-1-1 06 , d-2-lOi, '<J-:t-1 _-, ~nd loJ-2-11,1,, C.k.S. 19/J, a3 a&~.C'n..l ·J .::.1J ,,1 cJ 1 •p'i~:lbL .:Jnlin nee or T~";. ·n l 11 1 j'•1 f11c; b:_ ., duly po1'1.";('J nnd adnn• ' hy t , ... r.n.,, l 1f'f nr I fl"!dr l .<·cl F· hI h, t "A". ~tt F'C'hN I th .l t t Lc St;• .... !•llJ. Jr. t.111, '-J:> ~ t'", •lllll'u.l .1"'1·1 CC:1",:u~ elL St .: c ., ',, lf r (o tc ancl 't ~ I r "' ,-,,1 '~vice- r •. 1 L Hcc t.tr -' d,olt.' 1 ,t l)y 31! ·~ 1 'l \ b} dC'd red nu QO•J l.J. 2. The Ctty " 'l' l t1S C"O.llT C'lOt for th 't lltf·. "' 11 rn• 1• ,, . [ ""'' r, ('o• ,. ..,, \lr n ,., I ll ' c n r l' d <:"' 1. th ty li ito, t:'lt' .1 111 o.l ' by rt, r, ... ), I; , p 1 " t1 ",, •• L)J(.' 1 l orr ,. '" I' • I • • • - • • 11 r 4. J\ tJ. ill 1'>.1Ublt I pl..Jv· dt.U lhtlt lhC> to' ..11 ch ll'\Jl'!"' l o be puid I I y lhc Slat•• clur~n(J e:=t ·~h fi ~c 1l yc.:1r of he Ct ll I• nu1 j l Lu .it1~· ... ;.. hout.... 'lh coultuc lor ""1ill b1ll u ... Sl l.J r'i' nlhly .JCL ..:'"-dinq to the rc.tte...; as SC't fort~ in Fxhibit 11 9", nn:l thr.-f .tal \-Jill p~y SliCh hi1 lu lith in GO ... 1~ J!;;. s. ThP traffic co~lrol d evices sha ll be rraintaincd in ~o~fo-m ... nc ... \lith pplic. !J,l·• purtion5 of lh:! collcc:tiv ly no l11-. "t-bnuc_~l" and 1ncorporat ... tl G. 'I'la""' Still c 1 ~•f' v '"' u, ri' t lo y f r 1 in l • r.-L. cJ r th i c .... n:.:..;. .. cl .. 1\:·y .. rL ... i ., .. 1o. u1Jl L ... bl ... H&<jht tn tl>u eltr 1hon uf th C nttact ftnJ a rca .. o. ,t,)P. t.l • '"' 11 b tlo"' ct J 1 co pli ncf'l. Jn lh C'V nt thtJ ('ont 14 ~t •t, :f~ r oJny rC'"clSOII r do .. :.t n t c rn co ,J1j, • .. St 1t -rv ... 4l th r Hjht t o " t he •wrl .. .. tl I k d l. by oth r n d .luc t t h. a tu l cu: t lru th Ubi> 1w nl I"' •n t s " tho <.o t lJC'l< '· ,., r on• r ClOt 11111 "' n l n h 1th r II n il o1nd .. , t t • .... t o I <I tf t1HnC I • • tht • Jll.l f of t ton II • 11 •r • • • • r c.~ulLi uJ ...11 s ~ l ly or ln I 1y lro.1, c~ltj0J.l i.H ... L L \,)lt: u~ I. .... lui ' ..... J. d IJ' • (•I o.!'l I ... thi ·'i r:'Jf"'f f'"·1r.:l f r I I I"" !Jtl1lC.. J\11 ("I)J r r "r •.Hl'1°J''"'"P ancl bi11in']:..> •h '""llJ l.l U .! a11r ~,·tl ~., 1i1. 'fhn Oio t.rjcl ·n:J l L··. s ';.; aJJrc .• ~• for tlti!, l'·Jnl re.c l i s: H . .J. J' he:, 2000 :;~. 11::>11y , n·,, r , C l 80222 )!)4 ?h .... S;>cci al , r~')V i!.>ion:J \·.'hir.h arr· u .tdch• :1 h r:r •l o nriJ r ll, "['tor th i. co'1lltcl .. 11 ~ 'I'h i!i ·on tract ~h "ll l rl'mlin in cf!!"c;l until n u c:h til• .• l thn ~t t ,.., or Cont.,..,u::t'>.,. ].-. in--~; to ch ~n 'J0 th .... r~t .,, "1 r l)o:·'l i'l F ·' Pdt "'l' or ch 1n:;,.. t t-:a 'l0 1 ... 1 l ch l.o.I:J .. .; ol'3 s~o n l n f r, g, th is c vntrclc:l \rill ho v oid .a und u nC\'~ con trac t :;igno.:e1. Should ch ang<'n in ral<:!' be do ired, a rcvi ~<·rJ Jo;y hihit. ''1 l" :.,h 111 1· :Jnl it C·l.O t o the • I . - II II r I. • • • conlr..tct t.lu.• J 1) ~.11 .J .... u.· fi(St bov..! \lt1Ll~o.l ATTEST . APPROVED . D.\:1 s. 1-;;nTT::-:o:<~ State Control le r By --------- ArrEST: ---------- :;TATF. OF COJ.Ortllll'J ll C:lt.\1[) D. L• ~i cr)\'FII :OR ST/ l'i: DE:'ARTIX.t:T 0" II ICW'WS J ACK KU:STLINCFR EXECU!IVL DIFI:CTOR IJIVI SIO:-l OF 111(;11\IAYS By 1':. I .-l A <;f.; Chief rn~ini"'Pr fP"~OVf.D: J .D. !1.\C • .'a.A:.;;; Alt ~rncy GencrJl Ly ------------------------ \ITI 0f [':Glfilf.l(lD 1\y 1ltlc ---------· I • • - • • ( c n n ~r fl',lll J. ' 21 , I Xi!JUI J "~ VI,-; fO:t T'..1Ff Jr CO 'ntlUL Lki'I ClS (l) II dfl !C. S1~nol:.~ 11 C1 p.r Sl:jf•J) p~r r..unth (2) lreif)'"':", y (,,'l~Htls $ p~r IJ.l'ln~l per nonth (3 ) Sn:rp 11 n1 <,t_~t1on~ pol sanp 1 rr 1 orn t 1 on I"T l '"'~t 1 l (4 ) 51~"'"'' s pnr rnl P pPr r"Onth (~) Strin1r1 r~r nll e p~r r'l'"'~th (6) 'IJ'IM) e~J Strl~H'IJ 1"1. J p .r nile pPr r>onth 0 Mll ~tcnu.cc of traff1 c SI:Jn Jh ln.lujJ, p.nnt IIJ or cro,~I/Jl~~ dlld stop bJt·s. I . • - t ., • • • ")I'l l 1\L 1'1\U\1 ll.-.. (.0'11 R\ll LL R :"' \1'1'1-Hh \I I Tlu:., ,, ... l •. !. J t l.T ~u .. h :lnhiJ1ll _. 11\Jott) I•)' l h.: ~IJI l ~ I.a.. H 11 , • \ J h\ l•l• ( uollro)\o.l ~·I tit .1h ,,f l• )lllt..IIJl 1 .... ,1, •. ,ljj tof .1\\1\ol 11 ~l\lol o•I•Jf f1J:'\l.J A\'Ail t\.OILH 2 funn .. t.ll .~:.ir}tllllll'h of cl., SIJh I'J .. thl .• tfttr lh. C"iHJC.l t lh ... l )I:U .Hf en hn n r ttp'H'I t unJ h r 1h.11 put pow: be in~ ll 1l t•"'I--•.JI• J. I ·1 d .,l hd 111 I ulh.r·.q• • i\lJ t> " ,1.1-1( U\l ~l) Ill QI.,IRI"\Il 'I J If th;s .. ,,,,,,.~.I;;, ro' "1!..: J',n, · 11 ,,,,,, '' ; • 11 ;"~l.)' o~td \I.JJIJ., t r 1h:, ''l,l:'\1(1 >.tJ .• ,t:o:Jn,::, or h•l;..J:••\ • ~nt dr •} h.1 .J .. : :. ;oJ J , b.1J • \t,d:J 1 lltn -~1 ,." .... ,,,,, "'r •. 1'-r- ~I Ji', lh.! .,..._,,1l:.,.~o\f toJ!I, t•:I.J ... ,-nl-rl. .h ,.,, ~ ~o\ lvJ .. .I :. (, ,:. 111d J ,·lo\,-j I I b . nJ or ulh. r .a ... f'l h! 4 U ~ ~p i ;t\ o:htl1o\lhl! pr'•\ oJ. J by b\1 , af thl ( fJntr Jll ptO\IJ '\ f•H !ht (I.J \ rr.tnl of mnft than fl~• thUt .Hid d r!IJ;, JO.i f'Jl>Ut' N l:'l'fd l'•t tM;•IIJ)'I'' 11 r,f 1.111, t .,j' b d!J 1na: or oth~r p I "'"rl.,' •t I 11 .• ') f o~'l 1..:.1.' } \\1:~.:1 t:.: to '-'r": .. 1 l1r.1. • .1 l~t' ..,1..-. 'a • ~~ \~J.,.: fur ... 1 IJ!);)f~·,.. ,J r:: .. h .. u "' e , I ) •i •• the: con:r.1:1r:r .ra.l\' ;~:., ••.• :•rL~o a t:.:h .U.:~__.urra~.;:..., \.,,\('0\t'rlJl,t~a .• tr. ''' lb n.HI •'"' tth~ p.tt\:).h!'l;t Ul f \ t i 1 \\ 1r'" (I I 1.1 1 r t.~,· 1 II t~ Ll;\ I il, 111 , t;l\,l ~ J.n., .l f ( \ ,: lo l \.~o:-hth::lm1IJ. or .•lh .rr .hl""" a1..al. oo~t~J D .• ~t.,, ,., U••lh' 816 101. (f(~ 1171 .l\ J.u~n<kal • I • • - c • • • h ,Niol 6 M . 02( t l ) l•l ti,.:L· :.li ,A\1.. , t•.·~t.;J '-· 11•\ .~ .. \•tl ttli i:'tJt.;lJ~o.u ... ~<l!ll•"' IJu .• ~ •f d,J,~u.\11 l or \\1 lh a;Jj' uf ~:...:1 rt;l "'• r. t.l,;,,,, 1.r ur.l~;· ..... o,.tr.:.~l lll-1) 11~,. \. .. .uh~ll •• \,1 n.•inJh'J or ~.;.p:.JJ.d 111 \\:JOb or 111 )II. I ol.ll llh ... ,,t, lvt Hl.ty he .Ld •·.'J 1n.:l. • hll· f,r hu .l<d '-.l•k o.\1,$rJd•il a.:.:orJ .. i .. l •H ih prorcdnu\, 31J \.u.-cl 111 L.A .:.u ll ~.! Q,J ~r.1 .1 u.J ! Ort-•muuly ,JnJ \l nnn.at tl•' Ad io -n uf <\pnl l b. 1975 aad l he ntlcs. rt~l.J:·u ns , o r orJu~ prom ~~\~!<: I m a:curJ..au~c thdt"wlt h , mJ ,u .. h (olhn UJh:tior"S ... may be im posed and rf'mt:tii'S as ma) be mH•~eJ a~ prr11 tll ~t.l 111 Ll.c..:u l•l<! Or Jcr l qual Ot•Portunity :tnd Arlinnarive A:-cion o r Apnl 16, 197 S, o r b) mil'!>, r. b•u\Jitonli, ''' t•rJ.·I'\ l'"'''•ui _,J h.:d ,., J:,nrd atu.c 11h;n;mth '".AS othcrwbz p :o\ld('d b y l:1w (8) 11 .~ CO:'I L~;._(q r \'.:11 •. ;:LJ.:. 11 -c Jhol~I,UIIl~ I I ""' .•. rh~ I I ) l hr .• u ·h ('$ 10 ('h,("\ ~u h-;oalr.o..t a.\J ~ub-u;;~r.l:l:lt pl : .. :~.:1:. orJ :r u;:! -~ .:\Cm;"ll·d b~ 1-.11 ~-r~_.u l .h,,,,,, or .u.kr\ ~o.~o~~J I'U'')uln l tu ~ .• UIIH! O.J.::r L, .. .J On' :t;lr.,r) ",J AH:rrn:i,· 1\dnrl ,f <\~nl l <t 1-JH. ,.., ,._ I .... II rr•n• ·'•'> ,•,iJil tu.1.:i1g u ., ... a ".:!"-~ .. ub-... ,_mt:a.-Un tJ; t -.,J ·u l'l :~o •.t~·~·• ,,,,~1 t..1l.e ,u,h .k l i.J,J ''"" 1 -v: .. II.J un) ~uh-i.DoJ I ; c ti••& or por..Ju~ mJ.:r ol.) t! • u •. li:Jl"L ; .1;:c-u) •••v dua l Jo a 11\'.l.t .. of • ''·'"'·'tl Sto<h pro\1\l ·ln,, •~'~tu.lmj un .. li ••n • for non to •. ~,,tu, ·~· ,1:\h u!,.l. h••-'·lt:r t1J;I m dtr '' I'l l th!! oo•Hr J.loJ r h•'<'••m.-.. m'niH·ll in. <H i• l hrell. -~1 "''"· liii,'JII ..),I \\llh \;,_ .. :·. 1 .. h 1.11 ur \..'1lJ 1 o~• h"..Uh I .ud• tl•rn 11un b• lh<'h•tllr.ldillj a~lk\ t! C o.•) l1 d ·ll lol-') n:~UI'\1 If ~ ~l.6t ,.f lviPi _.tJ,I L1 I, t.:·1 hlltl '-''·h I,I!~•III.UI I._. Vlllh I lh, l t1 1 Cf ~)l nf dk (jJal ull ulor.l\1o COl ORA DO LA COR rnLH Ill ~ll 6 l'rou'Wlnt n f 8 11 10 1 &. 10., ( R') J11H t. 1 ,Hdw.:.h.t' u t < •!.r.,J ... tJ+-., t .1ft •rrb 1'•k to lhi· cunlrJd 1f pubLc ~ork' \\ill in th e <t1 .1 t are unJ • t l.nl htr T".l· t otn·l ru,· ftno~.H:<J 111 \\h•lft ,,, '" f·lrt ll)" \tJ it' fun 1:. a 1d n ·uiJII"m t u·d rmr,.tml II·· r•t'l -'!11lll b.-l;'lpiHd 111 the inf('rptt'Whon t-vn•h"Jn a• J t .( Jn-ttnt nt ot t1 ,., rn"rra~ t \1 •~ pn·. t.u"' or '''" ontrl<l ~hethu 1 r not m:-orronteJ J, .. ,..," h \ r. ,,., ... ,~ "''"''"h r ''d t t .Jr:;.•r :•·• l•t ,. ty t ).:raJ.JJ. ,,f hod, nr r.:~on nr ,~1 t. t\ o lh-,..1..e in "-"r:., .• t \H''t \l.J 1,,, ru: .. I r: •I · 1n1 \ \t. 1ll he-11 .-.. '-r ·d 11t1:1 :a. J '.1i J 'ot"a~na cor Ll ~d '" c.ny prov 10n 1. 110rJT ll .. 1 b) r .. !.r~r-..: \11 h p ,' Jl, 1.1 n •t:.: 1:1 ~ fr \ ·I ~·r ·~I pt.J\i JtiiR \.b.;.:~ :r iil{'"rt '•;:;~II~ \\1 CJ CJ,•f ~·~ I il\ l'~tn \ 111.1 otiJ\ "'r•' ·r L\ \.;~\ li .. U,...,;"'ilO t d..:f('.l\C c: o:.h:-nw.~ >ln) rnn1 •u n. r. ,.!. rrJ ·• :1 .a:-.J ~-··-' b) ,-e-t , .·.Jtnm t·l 1!.1\ p "'''~'·' "'a noc ,,,\ .!.dJie the ft'RUitldtr of t hl\ o70fl;,.ICI 10 t h, e~t :.l l thJI l ht l <J,lti .N I I\ ~J J •l:ll~· uf <\\".til l!! II 8 Thl' s.tr:nJ innt'~ htrtto ~,., tll :~t tlttr .ott-f.1nul Jr ...,,,h I "' IS ~01 t l So.Q (l!r,J tn and (ultupl l n0uf'Ro.."'t'~) aut 18 8-401. t l stQ. ( o\bu1t" of P\.bhc Off1tl') ( R '\ I()J ' "' .. mt'ndt·J .t·uJ tluc nn "~"'J''''" of )uch rro''~"l"' n pt'C'ijtlll C ontuct.w .. IUf\IH\Il~t lll • I . - • ORDI NAt.CE NO . SERIES OF 198 BY AUTHORITY • • • COUNCIL BILL NO. 72 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDIN ANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO, DEPARTMENT OF HIGHWAYS, CONCERNING MAINTEN ANCE OF TRAFFIC CONTROL DEVICES ON STATE HIGHWAYS WITHIN THE CITY OF ENGLEWOOD. WH ERE~S, the City of Englewood , Colorado, is desirous of enterin g into a contract with the State of Colorado, Department of Highways , which requires the City to maintain traffic control devic es on state highways and receive payment from the State of Color ado . NOW, THEREFORE, BE IT ORD AINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWO OD , COLORADO: Sect ion 1. That the City of Englewood, Colorado, and the State of Colorado shall enter into a contract for the operation and maintenance of traffic control devices whereby the City shall install , opera e , maintain , and control, at State expense, traff ic control devic s on state highways within the City of Eng lewood, wh1ch contract is attac hed hereto, consisting of seven (7) typewrit en pages, and i ncorporated herein by reference. Said contract provides as follows : 1. The con ract dat d July 31, 1980 is null and void. 2 . The City, s contractor for the State, shall provide th manpower, qu1pmen and services necessa ry to operate and mai ntain ce r t in traffic control d vic s on state highways within th Ci y l1mits, as d ermined and directed by the State. m lntdin 3. The C1t y hall no 1fy the s ate of thos devices 4. The the St L to the C1ty Doll r s ($45, 000). s crvic s shall b• ny l t). Th C l II y t for s id services shall b paid by h 11 not xcPed Forty-five Thousand charged by the City for s id h in ~xhibi B of he c ontrac . v1c s sh 11 confo rm o th D v1c s• nd he "Colorado o moni or nc wi hin • nd r quire r son bl I • • ....... ...... • • • .. time , and the State rese rves the right to correct any d e fici e ncy and deduct the actual cost therefor from the payment to the City. 7. The City shall maintain adequate records to insure that traffic control devices are properly performing their func tion. 8. The City s hall hold the State harmless, so far as it lega lly may, for the actions of the City's employees or a ge nts. 9. The Division of Highways will be r e sponsible for mon itoring this contract fo r t h e State. 10. Special provisions included in said con tract include approval by the State , availabili ty of State funds, bond require- ment, min i mum wa ge , discrimination and affirmative action require- ment s, Colorado labor preference , requirement of compliance with all State laws, and that the signatories aver that no State emp loyee has any per son al or beneficial interest whatsoever i n sa id contract. ll. Said on ract shall remain in effect until such time as State and City desire to change the rates as shown on Exhibit B or change the total ch arges as shown in pa ragraph 4 of said con- tract, which desired changes shall be submitted to District En gineer by March l of the designated year. Sect ion 2. The City Council of the City of Englewood , Colorado, here y authorizes the Mayor of the City of Englewood, Colorado, to subscribe his nam o said cont rac for and in behalf of the City Council and the City of Englewood, Colorado, and the Director of Finance, ex o ficio City Clerk -Treasurer, attest the same. In roduc d , r ad in ull, and p ssed on firs r d1ng on the 17 h day of Augu , 1 81. Publish of August, 1981. Read by day of S p mb r, Publi h 1981, on the 9 h xo Bill o an Ord1 nance on the 19th d y on !1nal reading on th 8 h No. , S ries of yor -2- • I • • ( ' ( • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the Ci t y of Englewood, Colorado, hereby certify that the fore- go1ng i s a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1981. Gary R. H1gbee -3- • I • • • I 1.:,:, lt11 t ( fli\ IH \{ J '. h'I Jrru \'i ·~··"·~;!J "\ r •. , :~ • J .,.\ad !urtJ, tl• :1\';)lf,thto: r· I -, •. r t .. !'( •• •' ~ 1 ~ ' •• I" • 1 r·· G/l .• A ,:,,~~J!.,.., .. ' .. r.' f}1f,_,,.,.. .,. ''J ·~.,,...•,, \'.!!:":!:!A~. r:t;u. ·J ... • •. ; I.~ r . .:; •• -:.:•n, ~n J \ ,, . '0 • • • I J _,,,., ''I ! ~ ::" en 1'.: '; ' ., '•·:! 1 I, ..,~;-~'lrr; ·• •J ;, .. t rJ't• ., ·-~· n· .,; ' • I r r I I' I I\ ,,.l r ?()')I •I t:Ut(.~t \JI~t.i..J .lut hOL'lly uf Sc...:tions t 1 "l l t l.C' ~t .... , c:"'1 ! io .•. 1 St 4:..c :., • !,j.,.t \o •. ~ ·', J I ' .. '"n' ., . ,, .. ,t 1. Thc• c.,;)l,tr.:::-t c.l.JLC'J ,lJJV 31! 1.8J .<S li.'l' by d ~C' l.:nc•d null nnc.l voitl. 2 . The C>ty (l't' T :n .1~ C'O,ltl tor for th Str.l<', ,.,,,,I .... /1 ..... ,, ··-'11 .,, ,..\'fr n n •r c f.' t ll J I .. c ty I by tl> • •c ), 1he ror.t ,(" .,, ... 11 r tl ru''" • 1 c• Pil '1 .... J tl .'P ol { tl St .. tl.•, I"• vi ' ,:, ~&\II J. ' . ,,, ,, j.,,J r tl oc •q•ccliir ll.Jfl lc c utrol, I' ,. h. ,, ,.(I,. I• 'lt, f rm P~ t hf • I • • • • .. • '-d '', pr0v :tJLd lhdt th r to'.~l ~lltr\J05 t o be paid by the St:ltt" clur~nrJ e.-t~''l fi e::·~ tl Y'-' t r of he cc .1 tro ··t term •.>ull no• c~c" 1 $ ~>.1~0.C2._ __ 'Ill .:! :::.J.t:-3 in :::~:~i!Jit 11 0 " S!l:\11 r ......... .lin c~);) t ,t t.h~vL•_~ho u t lhc t L •• ,, of lin. ~..,.,lr .. l ... nc.l sh.tll t.J~ ~l.lh J ..!...:t \.u o.~ •. Jt • •• uUjt .Jt U•lY t i1..• Ju, inJ nurrrul bu .>l..H -..:o~ h our.;. 'Ih • ("out rttclot wiJ l b1ll tile Sl l.! r. •nlhly ..tccv ... diag to th o rub · ... a5 ~el forti' in Fxhi.bit ''3 ", an1 th ~ ~t ill \.,rill p clY ";:.., .. h bi)]::; ~1i th :in 'i O l:<t:JS . S. The trnffic co'ltrot d evica-s sha ll be rroj ntc::ain £·c 1 in ::o:lfo..-munC'~ \lith .Jl>?lic !:11.;: por tion3 of lh ~ th~ •....:olor..l.:."~ ::i.tf11 lc ••.• 1~.-" b:o ... ·t..>, .... ~1e .. 1ed t c1 coll<"c t ivcly IHl t.h ... •·M:1nu o~l'' and L1co rporntt. .... J he101n by r~f zt·nL~. G. 'J'hc !'.it::t'r-1· f" v~ tho ri..,"ll l"l cl 'a in•· 1 ~~ 1. CJU.:ll;t.: or:J o ·u y "t "l in t .... r. ....... t.:rd r t hlf cv 1 ~ ... _.u ct. ;, y 1 r l~ J. , ::1 ~ .1> \I' 1 l l: tu 0\.ls;ht t n t ho oltl 1tion u f tlo C •n t-r actll r an j r~a aon~Lle t 1~A will al}C" • ..-1 f"t co J·li tnc In th ·v nt tJ C0•1ttdl t .. r, 01 ~ .. y rf"d ... OII , <l o not o. (" n. -c • •lf, . St It •• rv_s lh I Jght l n .1.:. l h" \. l. 01 ". tl '"'" .J>. l>y uth ... ,· J ncl ll l .. ct th tu co t (n I ) ub JUt• 1 t p~ym r•t It> h .. • t• nt r 0 ' 'I • nt 1 n b •h r t I n itn<l r"O t r tnrd <1 I· f• t n t lloJ ol"}t cr l'P n ' tJ 1 n ~ •rY tn < 11 inc lhr>. ~lJ"·''"i or th. c n' rc 1 d '..'ll .. I u. 0)" "' " h 'l ·~ ' • 1 i l ' t I I I) ., (>! ' • I • - \ ( • • • t e.~u lLj liJ ..i'lJ.-'--ly or in 1 i•~LI1;/ iro.il ,,(•jJt-JC'II L iH ... L.i.011 , o f ~,.~ 9. 'J'tH! Oi vi. ll.U uf Hi qt,\1 Y!. \•ill, l.1 ""'utjh iLs Di s lr i t l-ntjill'!r·f"', h !" r c· .... i 1;1 1l 1 for 1 J;-,i.toring th i c-, C'')OI r ,r;t f nr l h • firLi l ·. 1\.1 l ("tJJ'f( r p:>n•lr-p ... (' and b l ll i n']:.; •:h"'ulJ b ""! • .t'11 n .,.,11'1 hi.1. '1h,.. Dio lrict.. En;,n.·!cr ':; aJdrr-,.,; !or thi.; c m rc:~L i s: R. J. ~n;, 2000 ~ II~},Y • urv·r, C'2__B 0 2_~- ------------- --------- l:L ~h e-f,pccia l 1 ro v i~ion:; \·:h ir:ll ore· at~ a .... ~, .. ':! h T'lO DT" r .~ a p-1 t or th i~ co ~tr1ct. 11. 'Jh\t; ... ont r nct s h ~,l l r crrti n in c ffccl until s u c h tiP.:• C-"" t h n Zt tr:> o r Con t r.1r oc rl .... n ir•"c;. l '> ch an,-y• th"' r ... t~~, D.'1 f'ho·.·" l.'l F ··hi hlt "n" or ch-.n ~"' t l'-.c t o t .. \ l ch..1rg.:-;,; OJS s!:lo·.vn in 1-T !JT .;, 1 No. -1 "h~r~. .J::>.:.n th is c ntrac l \/ill be v oi.d <.l and a nc>< contract ~ign cc1. Should rhang<"s in r Lc ·J be d::&irc d, a rcvl sr.J EKh i jt ···•" :..h;\1 1' ":JUl itt.rc.l t o the- l • I . - J A ·1 I j ' L I 1: I ~- • • • • con t ra c t t.lw U ty hlJ )""~1.. f.J...C!>t .;bV\t..! \.'l:".LLtt.n ATTEST . AP!'P.OVE!J , D.\tl S. l·n iiTTZSO:u; State Controller By --------- ATTEST: STATE OF COLO f\AD) PI CHA~D D. L" ~i CO\'F'U:OR 'fl''l i: Di:.?AilTI:E.NT OT' HIC':"! YS J ACK KI ·:STLI NC'FR EXECU1 £VC: DIRECTOR U1VI SIO~ Of' HTGIIIIAYS By ·~------------E. ti :-IIA' <;•. fhirf n~tnfl',..r t n~OVfl): J. 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'''' h'\1 nf Ll•t <it~ r nl ( 1•lor ,(,, COl OM.AOO LAfiOR Prtlfl Ill "t (.l 6 l'To\IStfl n • ~r 8 17 10 1 & 101 ( lt\ 191llr·r prdrn.·:Ke o l ( d.r J.Ju b 1 • r o~rt •rrh ;,''!~ to '"" cw~t t .o1.lt' pu~loc-'<II Otk os ""' in lhl St.J te 3ft' u nJ.•I !.t'll hrr a:·J·' .1!\J lUI! fm.J :-l.d Ill , .. t.u l'" ur Ill""'' b) State r ~lll h G[NFR\L 7 r h r b ..... or t he S ta ir ... r {••brJdO 1111'1 ~·' \ :t•od n-pul.ll•••n\ i u·d 1111 1·11111 1 t h'I'''IO ~'1:111 br ':'rt •. d lit tht interprti.Jhon, f'\"'('tlhOn ;md enfJfl·rm.:nt (If I'•'' tont~..:t '''l pr•J\hiOn of tl u~ rontra :-t ....-hrthrr r r r ot i1:-orr or.~tr.:! l.• .... m h) r ~'t"~:'~t: .,.,,,,~h P'"' ·1. f r .. r~.nlt :1:-t::l h) ,J:ly Cl.(t3 J;IJ .ul bod) or p.zrson o r "' Ia •~ olh:N1~ in tor:r'.tt w:•:t Q:J hn'\ ru~ "'aJ.J r p•l·~•n• '>h lll ht rvr.~d-~r·J nu'l 1=-'d \OIJ No thm&C"' LJ :-d '" en)' f':U\r, 10 11 I T~fJt. ' I .. :-:::lt b~ r:~ .. r.·r •• \ : .... :. r· ••. 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SERIES OF 198_1 __ __ BY AUTHORITY A BILL FOR COUNCIL BILL NO. 71 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE REPEALING SECTIONS 1, 2, 3, AND 4 OF CHAPTER 4, TITLE IX, ENGLENOOD MUNICIPAL CODE OF '69, AS AMENDED, CONCERNING FOOD DEALERS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Sections 1, 2, 3, and 4 of Chapter 4, Title IX, E.M.C. of '69, as amended, are hereby repealed. Introduced, read in full, and passed on ~rst reading on the 8th day of September, 1981. Published as a Bill for an Ordinance on the 9th day of September, 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 is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read i n full, and passed on fir t reading on the 8th day of September, 1981. Gary R . Higbee • I • • - • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 198_1 __ __ A BILL FOR I tit I (()U~ COUNCIL BILL NO. 71 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE REPEALING SECTIONS 1, 2, 3, AND 4 OF CHAPTER 4, TITLE IX, ENGLEWOOD MUNICIPAL CODE OF '69, AS AMENDED, CONCERNING FOOD DEALERS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Sections 1, 2, 3, and 4 of Chapter 4, Title IX, E.M.C. of '69, as amended, are hereby repealed. Introduced, read in full, and passed on ~rst reading on the 8th day of September, 1981. Published as a Bill for an Ordinance on the 9th day of September, 1981. Eugene L. Ot~s, Mayor Attest: ex officio C~ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 8th day of September, 1981. Gary R. Higbee I . I • MEMORANDUM TO: FROM: • • - 18 Department Andy M~~ Manager Capta ~ull, Police and ·~; Administrative Inte._rri· t ' Dan Valentine, DATE: August 25, 1981 SUBJECT: COMMERCIAL VENDING TRUCK SURVEY As requested, Captain Mull and I conducted a survey of nine cities in the metro area regarding ordinances pro- hibiting or permitting sales from canteen trucks or ice cream trucks on public or private property. The cities surveyed were Arvada, Aurora, Golden, Denver, Lakewood, Littleton, Thornton, Westminster and Wheat ·Ridge. Of these cities only Aurora and Thornton totally prohibit operations of this nature. Both banned the trucks due to noise nuisances and to protect the children as they tend to become excited and disregard traffic. Wheat Ridge, Lakewood, Arvada, and Golden do allow these operations requiring only a sales tax license, peddler's license or city permit. They do not have ordinances pro- hibiting or permitting them. Littleton, by administrative order, does not allow ice cream trucks due to complaints of noise and the fear that children may be injured. It seems that young children were being awaken during the early evening hours by the trucks' jingles. The City Manager has the power to pro- hibit or permit them in Littleton. Denver has limited canteen truck operations to private property nd h totally bolished ice cream trucks. The ice cream trucks' hours were fir t limited due to the nois nusiance and the potential of injury to children. This failed and the trucks were abolished. Westmin ter is th only municip lity in the survey that llow nd controls the oper tion of ic ere m trucks and c nteen trucks. Their operation is limited to nine hours per day -10:00 a.m . to 7:00p.m., how ver, th ice cream tru k my not oper t between the hours of 1:00 p.m. and 3:00 p. . thi i th tim many young children are n ppin Also they ay not op rate before 3:00 p.m. on Sund y . • I • - • • • • 7C- BY AUTHORITY ORDINANCE NO. SERIES OF 19Br--- COUNCIL BILL NO. 77 INTRODUCEP. BY COUNCIL MEMBER &u., A BILL FOR AN ORDINANCE AMENDING TITLE IX, CHAPTER 4, SECTION 3, OF THE ENGLEWOOD MUNICIPAL CODE OF '69, AS AMENDED, ALLOWING DELIVERY OF FOOD PRODUCTS TO EMPLOYEES OF COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS ON PUBLIC RIGHT-OF-WAY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That current Title IX, Chapter 4, Section 3, of the l969 E.M.C., which states: be and hereby is amended to read: 9-4-3: EXCEPTIONS SECTIONS 9-4-1 AND 9-4-2 SHALL NOT APPLY TO THE FOLLOW- ING DELIVERIES: 1) 2) DELIVERIES TO A DWELLIN G AS THE RESULT OF A PRIOR ORDER THEREFOR MADE BY THE OCCUPANT OF ANY DWELLING: DELIVERIES BY LICENSED BUSi~~~A.O~_FOOD PRODUCTS TO EMPLOYEES OF COMMERCIALJ~~TRIAL ESTABLISH- MENTS. NOTHING HEREIN SHALL PERMIT THE VIOLATION OF ANY TRAFFIC OR PARKING LAW. Introduced, read in full, nd p as d on first reading on 8th day of Septemb r, 1981. • I • • - • Andy McCown Page 2 August 25, 1981 • • • Only one company has a permit to operate the ice cream trucks and they in turn lease the trucks to drivers. The city has issued a number of citations for violations of the operating restrictions and the city is stepping up its efforts to insure drivers are aware of these restrictions. There have not been any injurys related to the ice cream trucks but there have been incidents of poor judgment being exercised on the part of the drivers. In regard to the noise nuisance, the trucks are not allowed to operate their sound devices 100 yards within a hospital or within 500 feet of a school. Police Chief Holmes has expressed that as long as the can- teen trucks are legally parked at the curb while selling, he has no objection to their operating on public streets. Regarding ice cream trucks, Chief Holmes feels that it has not been proven statistically that ice cream trucks pose a threat to children's safety; however, he would like to see the ban on them c ontinued due to noise complaints that may be received. I n review, the most annoying aspect of the ice c ream truck s is the noise. Section 6 -8 -4(c) of the Englewood Municipal Code prohibit s the u s e of commercial loudspeakers or sound amplifying equipment in a fixed or movable position ... with - out a permit. Should Chapter Four of Title Nine be repealed a n d a new on e e n ac ted, the que s tion o f noi se s hould be addr ess ed s i n ce the Ci ty Code does not s pe cifically addre ss t h is. DV/pc cc: Richard S. Wanush, Assistant Ci t y Manager Rick De Witt, City Attorney Robert Hol mes , Police Chi ef • I . - • .. • • • • Published as a Bill for an Ordinance on the 9th day of September, 1981. Eugene L. Ot~s, Mayor Attest: ex offic~o City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 8th day of September, 1981. ' Gary R. Higbee -2- • I • • - • • • • • 7:D BY AUTHORITY ORD INANCE NO. SER IES OF 1981 COUNCIL BILL NO. 76 INTRODUC~D BY COUNCIL MEMBER _~~~=--------- A BILL FOR AN ORDINANCE AMENDING TITLE IX, CHAPTER 6, SECTION 35, BY ADDING A PROVISION REQUIRING A DEPOSIT FEE FOR A BUSINESS THAT CONDUCTS A "GOING-OUT-OF-BUSINESS SALE". WHEREAS, the City of Englewood deems it necessary to requi re a deposit from businesses which are defined in Title IX, Chapter 6, Section 31, for guaranteed receipt of final sales tax payment which results from the end-of-business sale; and WHEREAS, the purpose of this deposit is to insure the payment of the Englewood 3\ sales tax required by Title XIII, Chapter 4, Sec t i on 2, and T i tle XIII, Chapter 4, Section 3, of this Code . . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Secti on 1 . That the following language be added to Title IX, Chapter 6, Section 35: THE APPLICANT SHALL ALSO DEPOSIT WITH THE LICENSE OFFICER AN AMOUNT EQUAL TO 3\ OF THE RETAIL VALUE OF THE GOODS TO BE SOLD. ADDITIONAL INVENTORY APPROVED FOR SUBSEQUENT INCLUSION IN THE SALE S HALL BE SUBJEC T TO THE ABOVE 3\ DEP OS IT . THE DEPOSI T MAY BE IN THE FORM OF CASH OR A BOND ACCEP T- AB LE TO THE LICENSE OFFICER. LICENSEES FAILING .TO COMP LY WI TH THE SALES TAX FILING AND PAYMENT PRO- VI SIONS OF TITLE XIII OF THIS CODE SHALL FORFEIT THE IR DE POSIT . Introdu ced , r e ad in full , nd passed on first reading on the 8th day of September , 1981. Published as a Bill for n Ordin nc on th 9th d y of Se ptember , 19 8 1. Euqen t. Otis , Mayor Att st: s ure r I • • • • • • ?E BY AUT HORITY ORDI Al CE NO . SE RIES OF 1981---- COUNCIL BILL NO . 74 INTRODU ~~OUNCIL ME MBER ~ A BILL FOR AN ORDINANCE FOR THE CONTROL OF ITEMS OF DEB RIS WHICH ACCUMULA TE UPON AND NEED REM OVAL FROM REAL PROPER TY WITHIN THE C ITY OF E GLEWOOD IN ORDER TO MAINTAIN A CLEAN, BEA UTIFUL AND HEALTHY CITY, AND PROVIDING STANDARDS , PROCEDURES AND RE MEDIES THEREFOR . \~HEREAS, it is necessary o provide procedures for the removal of lit~er , weeds and d>relict vehic l es in or d er to ma1ntain t.h e City free from such debris; and WHEREAS, it is appropriate to provide a common procedure for the control and removal of such items in orde r to aid the ease of administration of h laws o the C i ty of Englewood; and WHEREAS, the enactm~n of an ordinance on this subject will contribute to the he 1 h, safety and welfare of the citizens of the Ci y of Englewood. OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Sec ion 1. Tha Chupters 3, 5 nd 7, Title VI, of he 1969 revised Englewood Muni ipal Cod are hereby repe led and a new Chap er 5, Ti lc VI, 1s d1ed as follows: 6-5-1: TITLE 6 CHAPTER 5 LITTER, WEEDS, DERELICT VEHICLES AND HOBBY VEHICLES DFFI lTIONS As us d in this icle, unless he contex otherwise requires: (b) "Dus1ness prop rty" is r al property such as a Jtor which is us d prJ.ncJ.pally or the sale or l ase of m>rchdndtsP, oods , s rv1c s, or in r sts in land and whi ch ·s gen r. 11 r cogniz d s r il or whol sale usinl'S I • • • • • • (c) "Derelict vehi cle" shall mean any vehicle, the owner of which cannot readily be found, not capable of being legally operated on the public streets under the motor vehicle laws of the State of Colorado. It shall include all vehicles missing wheels, missing or broken windows and/or windshield. It shall not include those vehicles whos e only defic~ency is lack of a current license plate or safety sticker and those vehi cles in process of or that have been modified as hobby type vehicles. (d) "Garbage" is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food . (e) "Hobby type vehicle" is any vehicle of the following type in the process of being built, restored or main- tained as a diversion from one's regular occupation for the purpose of relaxation (aircraft, boats, classic cars, experimental cars , off-road vehicles, race cars, and derelict vehicles). (f) "Litt r" 1s "g rbage ,""refuse ," and "rubbish," as defined herein, and 11 other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. (g) ".oncomm rei 1 handbill" is any printed or reproduced pamphlet, l afle , or s~m ilar d vice or sample, or ny o h r pr n J or otherw~se reproduced original or copi s o of simil r type literatur no includ d 1n id def1nition o comme r cial handbill. (h) "0 net" sh 1ll u1clud the record owner, wheth r person, f1r or corporut lon, any ag n or representative of th cord own~:r. (i) dwelling, house, building or ( j) or us d, eith r wholly or in r~sid•n ial purposes , wh h r inhabit d inuously uninhabi or v c nt, and , grounds, w lk, driv way, porch, ilbox longing or ppur n nt to uilding , or other s ructure , nd no building xis s. Priva e prop rty. nd 11 s r ls, ublic w ys and nd lu1ldings Enql woo for h • or m in- i of h I • • - • • • • (k) "Rubbish" 1 s nonputrescible waste consisting of both comb ustibl e and non c ombustible wastes, such as paper, wr a ppings, cigarettes , cardboard , tin cans, yard clip- pings , l e aves, branches , wood, waste build ing materials, glass, bedding, crockery, household furnishings and similar materials. (1) "Refuse " is a ll putre scible or nonputrescible wast e i nclud i ng g arbage, rubbish , ashes, street cleaning, dead animals, offal, droppings, abandoned appliances, and v e h ic le parts. (m) "Tras h con ta iner" is a closable contain e r of metal, wo o d, or p last ic . (n) "We ed" shall mean weeds, grass, brush, or other rank or nox i ous vege tation which is in excess of six (6) inches in height and shall specifically include: Bindweed (Co nvolvul u s), Lea f y Spruce (Euphorbia Esula), Canada Th ist l e (Circiurn Arve ns e ), Russian Knapwe ed (Centaurea P ieri s), P e r Pnnial Sow hi s l e (Sonchus Arve nse ), Punc ur e Vine (Tribu1us Terr stri s ), Silver Leaf Pove rty We e d (F r ans ria Discolor), o u s se ar Poverty Weed (Thiaspi Ar v n se), Mustards (Bra s s iea), Purple-flowered Groundch rry (Qu1ncula Lou. ta), Russia n T histle (Salsol Pestife r), Fir we d ( och1 Scopa r ia ), Re droo Pigwee d (Arnaranthu s R tro l•~xu l, Sant h r (C<>nch ru s Tr i bul oides ), Ha iry S 1ckw d (I. ppula 0 ·id 'n alis), Buff a l o burs (Solanum Restv urn), Conrnon eed Arnb os1 El at1ov), Coc klebur ( an hiwn Comrnuri •), Commo n S u n low r (H lianthus Cen ic u l ris), Dand lion (Lon hodo r e Tavazacum), or oth r lan or o f nd1ng v g a 10n wh 1ch i s regarded s common nuisancP . Th1s l1s in nd d to b e x c l usiv , bu 1a h r 1s nd d o b indicativ o thos ypes of pl n s which a r con sid e r e d noxious and detrim.nt o he public he lth and safe y bu shall no includ<' flower ardens , p l o s of shr ubb r y , v egetabl qard ns ud mall r in plo s (wh rlcy , oa s , n d ry ). 6-5-2: FCI RAT 0 a r of t ions The p rso maint ining of he 11 y adjoin n s n -3 - • c n r of h I • • • • - ANTI -LITTERING PROVISIONS 6-5 -3 : LITTER -GE NERAL PROHIBITION No per son shall throw, place , or deposit litter in or upon any public place within the City except in trash containers. 6-5-4: LITTER ON PUBLIC PROPERTY No person shall throw or depos it any litter on any pub lic street , in any public pa rk, or in any public building w1thln the City except in trash containers. u pe rson shall throw or deposit any litter in any fountain, lake , bay, stream or other body of water within the City . No pe rson shall affix any poste r, notice, or like devi ce t o ottr ac t public tten ion , to any lamp post, p ublic utility post, traffic control device , t re e , public structure or building except s may be uthorized by law. 6-5-5: LITTER ON PRIVATE PROPERTY Th own r or occupan of private prope rty shall cause the emoval of all cc umula ed r icles of litter and place said li er in a tr sh con ainer. Lit er sh 11 be aken o an au horiz d si for disposal. Th owner or occupan of privat premi s s within the City s hal l ma1ntain said pr mises fr e of litter and provid trash conta"n rs herefor. No p rson shall throw or deposit litter on any occupied or vac nt priv te property w1 t hin the City. 6-5-6 : LITTER ON BUSI ESS PROPERTY Th own.r eo bus1ness prop rty is authoriz d and r quir d to prov1d tr1sh con iners at conveni n pl ces for h d poslt. of litt r by l usin ss p Lrons . Th owner or occupant of bus~n ~ropcrly may rtJUlrc h tall litter eposit din his pr mis , s1dcw lk or· common ar be pl c d in trash con ain rs h h s provid• rson o wning p posi in any ion o 11 r rom -4- rty m. y prohtbit h nd dis ribu ion o h co • 0 I • • -• • - 6-5-7 : LITTER FROM VEHICLES Nc dr~ver or p ss enger in an automobile, motorcycle, bicycle, aircraf t , or other vehicle, shall throw, place or deposit litter upon the public streets, other public place, or private property. No person shall drive any truck or like vehicle in the city unless its conten ts are covered or loaded to prevent them from being scattered or if the wheels or tires carry any mud , dirt, sticky substance or like matter into a public street, alley, or other public place. 6-5 -8 : DISTRIBUTION OF HANDBILLS No p rs on shall distribute or sell any commerc~al or non- commerc ial handbill, advertisement, or similar literature in or upon a street, sidewalk, parking lot, or other public place within the Ci y; provided, however, a person may distribute free to the re ce iver a noncommerc1al handbill to a person willing to accept i . No person shall distribute any handbill or similar literature upon inhabited private premises except by placing said items in a mann er as lo preven them from being blown or drifted about the pr m~ses. Mail boxes may not be used when prohibited by Federal regulations. No person shall distribute any handbill or similar li erature o temporarily or continuously vacant premises. o person shall d~stribu e ny handbill upon private premises ~f r qu sted not o do so by ny person there or by a sign bearing the words "No Trespassing," No Advertisements," "No Agents," or similar 1 nguaqe. Th ~revision~ or thi s section sh 11 not apply o the proper distribution of mail by he United States or to delivery of n ws- papers which are leg 1 publications, prov1ded that newspapers shall be placed on prop r y to prevent their being carried away by the c l -lj-LITTf; I LACU T I TRASH CONTAI NERS -s- tra h cent 1n rs to preven by h el m nts upon public or ny public stree , on r qul rly schedule m nn r not o o struc • 0 I • • • • • - 6-5-10: REMOVAL OF LITTER TO AUTHORIZED SITES All litter collected by any person shall be taken to a site authoriz ed for litter disposal or be placed on regular trash collection days for collection by trash haulers licensed by the City of Englewood. No person shall engage in the business o f removing or hauling litter i n the City without first obtaining a license. A nontran sferabl e license s hall be issued upon the annual p ayment of $5 per vehicle. 6-5-11 throu ;h 6-5-19 RESE RV ED A TI-WEED PROVISIONS 6-5 -20 : CUTTING AND REMOVING WEEDS Ev ery owner or occupant of realty shall cause to be c ut all weeds exceeding six (6) inches i n height growing there. The we ds shal l be removed to some si t e authorized for the disposal of litter. 6-5-21 : PUBLISHED NOTIC E TO RE MOVE WEEDS When th City Manager determines i may be necess ary, the Direc or o f Finance shall cause to be published in a newsp aper of general circulation in he Ci y a no ti ce which shall be sub- s an Lally in he following form : TO ALL OWNERS AND OCCUPANTS OF LAND WITH! THE CITY OF ENGI,E WOOD: No ic is hereby giv n ha 11 weeds within the City of Englewood mus be cu down, destroyed and remov d on or b ore he (da e to be inserted by the Direc or of Finane no less han five (5) d ys after the date of publlc ion) 'f hLs year . -6- • 0 I • • - ( • • • • Part1es failing to comply with this notice may be subject to a fine or to imprisonment not exceeding n~nety (90) days, or to both such fine and imprison- ment as imposed by Title I, Chapter 2, of the 1969 Englewood Mun1cipal Code, as amended. This notice is given in compliance with Section 6-5-21 of the Englewood Munic ipal Code. 6-5-22 through 6-5-29 RESERVED 6-5-30: ANTI-DERELICT VEHICLE PROVISIONS VEHICLES IN RESIDENTIAL ZONES No person who lives in a residentially zoned district shall keep a hobby or derelict vehicle, under construction or not, un- less it is stored in a fully enclosed garage or similar structure. A person may store the vehicle in a carport or open area if he keeps the vehicle and its parts covered with a canvas or other opaque covering. Storage or covering is not required when the vehicle is actually being worked on. No person shall build, store, or maintain more than one derelict or hobby vehicle outside a fully enclosed garage at each residence in the City. A p rson shall not take parts from one vehicle for use on ano her vehicle or for resale on his premises. No person shall store or work on any hobby or derelict vehicle within his residence required front yard or any adjacent rights of way. No person shall work on a hobby or derelict vehicle except between 7:00 a.m . and 9:00 p .m. 6-5-31: No person zoned distric or behind h of adjac n No bus in on th VEHICLES IN BUSINESS ZONES shall ke p a hobby or derelic vehicle in a busine ss unless it is s ored in a fully enclosed structure in an ar a screened from view rights of way. u s as a r sidence property in mor han one hobby or d relict vehicl 6-5-32 hrough -5-39 R SF.RVEO 6-5-40: W1 ( n o r v h1 cl IOLATJO S: NOTICE -COST ASSESSME T -REMEDIES Wl w d , ccumul tion 'i y tn viol ion of -7- • of lit his ch r, t r, 0 I • • • • • • the City Mana ger or his designee shall have posted upon the realty or vehicJ ~ an appropriate notice in substantially the following form: TO THE OWNERS AND/OR OCCUPANTS OF THIS PROPERTY: NOTICE There exists upon this property (weeds ) (and/or litter) (and/or derelict and/or hobby veh icles) which have not be e n (removed) (disposed of) or (attended to) in accord- ance with Title VI, Chapter 5, of the 1969 Englewood Municipa l Code. Notice is further given that unless the same are (removed) (and disposed of) (or attended to) within f1ve (5) days from (date of posting of notice), the City of Englewood may cause the same to be (removed) (and disposed of) (or attended to) in compliance with said chap er, in which even the owners and occupants of this realty or vehicle owner may be liable for all costs, expenses and penalties as set forth in Title VI, Chapter 5 , of the Municipal Code of the City of Englewood, including the assessment of a property lien for the costs 1ncurred. 6-5-41: FAILURE TO CO MPLY WITH NOTICES I any own r or occupant of real property or vehicle owner fails to comply with notice given pursuant o this chapter wi hin he ime spec1fi d, he City Manag r or his designees ar uthor1zed o cause the action required by ordinance to which such notice had referenc . All costs incurred by the City plus an adminis rative cost of Twenty-five percen (25%) of the direct costs shall be charged ug ins the real proper y and its owners or th v h1cle owners. 6-5-4 2: NOTICE OF COSTS akinq action no ic • I • • • • • • pro e r ty )Wn r thd th f il ure to pay the stat ment for costs for li ter or weed removal within sixty (60) days shall result in an assessment being made against the property which shall const tute a lien pursuant to Title VI, Chapter 5, of the Municipal Code of the City of Englewood. 6-5-43: ASSESSMENT If the full amount of the statement relating to weed or litter removal from realty is not paid within sixty (60) days, the Ci ty Manager shall direct the Director of Finance to assess th e e ntire amount of the statement plus an additional Fifteen perce nt (15 %) penalty against the speci fied realty. After assess- ment by t he Direc tor of Finance , a copy shall be sent to each owner of record of the assessed realty. The assessment shall contain a lega l description of the premises, the expenses and costs incurred , and the date for litte r or weed removal, and a notice that the City claims a lien for this amount. The Director of Finance shall certi fy such assessment to t h e County Treasurer who shall collect s u ch assessme nt in the same manner as ad valorem taxes are collected. 6-5-44: ASSESSMENTS A LIEN From t h e date of the ssessing statement, all assessments shall constitute a perpetual lien against the specified realty and shall have priority over all liens e x cepting general tax liens a nd prior sp cial ss ssm nts. o delays , mis ak s, errors or irregularities in any ac or proceeding author ized her in shall prejud ice or invalida e any final ass ssment; but the same may be rem died by he Director o F1nance, as h case may require , upon applic ion made by the proper y owner or o her interested person. Wh n so r medi d, the same shall ake effect as of the date o the original ass s m nt by the Direc or of Finance. 6-5-45: ne c essary appell n ·-5 -4 t.u AP PEA LS fo DIE lu s 11 cos y. The City r or occupan may appeal, fiv (5) d ys of his or ss ssm n Th app address, th d cis1on b h ppellant should no • The City M nag he p llant o xch d cision 1n wr iting pp l. cons 1- dir c- of h I • . . ~ ... • • • • • City to recover such charges, costs and penalties. This remedy shal l be cumulative with all other remedies, including prosecu- t ion in Municipal Court for each violation of this chapter. Section 2. Severability. If any section, s ubsection, sentence , clause, phrase, or porti on of this Ordinance is for any re ason held invalid or unconstitutional by a court of competent juris- diction, such portion shall be deemed a separate, distinct, and i nde pendent provision and the holding shall not affect the validity of the rem Lning portions of the Ordinance. In roduced, read in full, and passed on first reading on the 8th day of Sep ember, 1981. Published as a Bill for an Ordinance on the 9th day of September, 1981. Attest: Eugene L. Ot~s, Mayor ex offic~o City Clerk-Treasurer I, G ry R. Higbee, ex officio City Clerk-Treasurer of the Ci y of Engl wood, Colorado, hereby certify tha the above and foregoing is a tru , accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and pa ss ed on first reading on the 8th day of September , 1981. Gary R. Higbee -10- • I • • • • • - BY AUTHORITY ORDI A CE NO. SERIES OF 1981 ___ _ A BILL FOR 1E COUNCIL BILL NO . 74 INTRODUCED BY COUNCIL MEMB ER ?......, AN ORDINANCE FOR THE CONTROL OF ITEMS OF DEBRIS WHICH ACCUMULATE UPON AND NEED REMOVA L FROM REAL PROPERTY WITHIN THE CITY OF ENGLEWOOD IN ORDER TO MAINTAIN A CLEAN , BEAUTIFUL AND HEALTHY CITY, AND PROVIDIN G STANDARDS, PROCEDURES AND REMEDIES THEREFOR. WHEREAS, i is necessary to provide procedures for the r moval of litter, weeds and d relict vehicles in order to ma1n ain ~he City free from such debris; and WHhREAS, it is appropriate to provide a common procedure for the control and removal of such items in order to aid the ea ~ of administration of h laws of the City of Englewood; and WHEREAS, the nactmen of an ord1nance on this subject will cont1ibute to the hualth, safety and welf re of the citizens of the Ci y of Englewood . OW, THEREFORE, BE !1 ORD AINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: se~ ion 1. That ~~~P er 3, and 7, Tile VI, of he 1969 reii'Is d Engl wood f.l u nicip 1 Cod are hereby repe led and a new Chapter 5, T1tle VI, is dded aa follow : 6-S-1: T 'fl..E 6 CHAPTE 5 LITTER, WEEOS, DERELICT VEHICLES AND HOBBY VEHI CLES D FI 'I T I O S A s d 1n thi Ar 1 l , nl ss he context otherwise requu e (b) "D 1n1 which mcrc h whi ch bu ln is real property such as ~ store 1 ir~1 lly forth sale or l se of ood , s e rvices, or i n erests in land nd r l ly 1 cogniz d as a r ail or wholesale • or charg d I • • • • • • • (~) "Ue1dllct vehicle " shall mean any vehicle, the o wner of wh1~h cannot readily be found, not capable of b eing legally operated on the public streets under the motor vehicle laws of the S ate of Co lorado. It shall inc lud e all vehicles missing wheels, missing or broken windows and/or windshield. I shall not include those vehicles whose only defici ncy 1s lack of a curr nt license late or safety ~tick r and those vehicles in process of or that hav~ been modified s hobby type v ehicl e s. (d) "Garbage" is p trusc1ble animal and vegetable wastes resul ing fro he handling, pr~paration, cooki ng and consum tion of foo . (e) "Hobby t/P v~hicle" 1s any v h.1cle of th following type in the process of being built , r stored or main- tained as a diversion from on 's r gula r occupation for th e purpose of r el xation (airc raf , boats, classic cars, experimental c rs, off-road vehicles, race c ars, and dercl1ct vehicles). (f) "Lltter" .1s "yarbage ,""refuse," nd "rubb ish ," as defined herein, nd 11 other waste material which, if thrown or deposited a~ herein prohibited, tends o create a dang er to public h~alth, s fety and welfare . (g) "Noncomm rei 1 handl.lill" is an printed or reproduced pamphlut, le flet, OL similar d v1ce or sam le , or any other print d or o herwisu r produce original or copi s of .ny m er of s1m1l r type literature not includ d .1n the aforesaid dcftnition of comme r cial handbill. (h) "Own .1" shall .111 ·lud the n~<.ord own r, wh ther p rson, I1rm or corpor t.1on, .ny gent or representative of th recorJ owner. ( j ) • sid walks, boul - 1ny and all pu l1c own d or m, tn- b n it o h ) I • • • • • (k) "R.ilib1sh " is nonputrescible was e consisting of bo h combustible and noncomb ustible wastes, such as paper, wrappings, c1gare tes, cardboard, tin cans, yard cllp- pings, leaves, branc h e s, wood, waste building materials, glass, bedding, c rockery, household furnishings and similar rna erials. (l) "Refuse " is a ll p u r escible or nonputrescible waste inc luding garbage , rub bish, ashes , street cleaning, dead animal s, offal, droppings, abandoned appliances , and vehicle parts . (m ) "Trash container" is a closable contalner of metal, wood, vr plas ic. (n) "Weed" shall mean weeds, gra s , brush, or other rank or noxious vegeta tion wh1ch is i n xcess of six (6) in ches in height and shall specifically include: Bindweed (Convo l vulus), Leafy Spruce (Euphorbia Esula), Canada This l e IC1rcium Arvense), Russian Knapweed (C entaur ea Pie ris), Pe rennial Sow his le (Sonchus Arve nse), Punc ure Vine (Tr1bu1us Terrestris), S1lver Leaf Poverty Weed (Franseria Discolor), Mousseear Poverty Weed (Thi a sp1 Arv nse), Mustards (Brass1ea), Purple-flowered Groundcherry (Qu1ncula I.obata), Russian Thistle (Salsola Pestife r), Fireweed (Kochi Scoparia), Redroot Pigweed (Amara n t hus Retroflbxus), Sandbur (Cenchrus Tribuloides), Hairy Sticlrw >! (I, pula Oc id n alis), Buffaloburs (Sol num Restva urn), ommon Ragw ed Ambrosi Elatiov), Cocklebur (Xan hi m c'mrnuri ) , Commo n Sunflower (H el ianthus ~en icul rls), D~nd lion (Leon hodore Tavazacum), or other plan or offend 1 ng v.g tat1on wh1ch is r qarded comm n mas •nce. Th1s list is not inl nded o be exclusiv•, but r h r is in ended o be indica iv of of pl nts wh 1ch ar considered nox1ous and o the publ1c health and s fe y u shall low r ga rdens, plo s of shrubb ry, vege abll small train plo s (wh a , b rley, 01 s , nd -5-2: F'LA AT 0. o s for h 1 w y, h • I • - • • • • A!TI-LITTERING PROVISIONS 6-5-3: LI'l'TER -GENERAL PROHIBITION No person shall throw , place, or deposit litter in or upon any public place with1n the City except in trash con a1n rs. 6-5-4: LITTER ON PUBLIC PROPERTY No person shall throw or deposit any litter on any public street , in any public park , or in any public building within the Ci ty excep in trash containers. -~ pe rson shall throw or deposit any litter in any fountain, lake, bay, stream or other body of water within the City. No person shall affix any poster, notice, or like device to attract public at t ention , to any lamp post, public utility post, traffic control device, tree, public structure or building except as may be authorized by law. LIT'I'ER ON PRIVATE PROPERTY The owner or occupant of private property s hall cause removal of all accumul ted articles of litter and place said r in d rash con ainer. Lit er shall b e aken o an author1zed fot diSlJOS 1. Th owne1 or occup n~ o private premis s within the City shall rndJntain sai pr•mts~s free of lit rand provide trash containers her .for. No p rson shall throw or deposrt litter on ny occupi d or v c nl prrv te property ithrn the City. 6-5-G: LITTLR ON BUSl ESS PROPERTY llS • is authorized and places for h owner or occup n of eposit d in his rash con ainers rson owning epa 1 in ny 11 r from co I • - • • • • • 6-::.-7: LITTER FROM VE HICLES " dr~ r or passenger in an automobile, motorcycle , bicycle, a~rcraf t , or other vehicle, shall throw, place o r deposit litter upon h publ1c stre ets, other public place, or private p roperty. ~o p rson shall driv any truck or l1ke vehicle in the city unle~s i s ~on ents are covered or loaded to prevent them from b ing SCat. ered , QC if ~he Wheel!!! 81! t:it:e S GQFF'f aRy IIII.IQ 1 Qi+.t t ()/: 54-•cky iil-'bstaR ee er lilte: 111a tte r inte e: !II:IBl iQ st.£eet 1 alle y 1 er ' Qtaer punlie rdae e1 ~li a. n V.U -5 -8 : DISTRIBUTION 01 HANDBILLS o p •aon sh 11 distribu e or sell any commercial or non- comMerci a l handbill, adv rtisement, or similar li erature in or upon s reet, s~dewalk, park1ng lot, or other public place within the C 1ty; prov1ded, however, a person ma y distribute free to the re ·e ~ver a non c ommer c 1al handbill to a person willing to ace pt i. No person shall distribute any handbill or similar literature upon ~nhabit d private premises except by placing said items in a manner as to prevent them from being blown or drifted about the prem1ses. Mail boxes may not be used when prohibited by Federal regulations. No person shall distribute any handbill or similar litera ure to emporarily or continuously vacant premises. No p rson shall diS ribut ny handbill upon priva e prem1ses i r q este d no t o d o s o by ny person th re or by a sign bear1ng he words " o Tre~ ss 1ng ,• o Adver ism nts," "No Ag nts,• or similar 1 nguage. T he p r ovis i ons o hi s ~ec t 10 n hall n o istribution o f miul b y lhe Unit e d St lt o papers which r leq 1 publ1cat~ons, provid be placed on properly to pre vent th ir being el c n s. p p ly o h . prop r to del1very of n ws - tha n wspap rs shall carried away by th I -5 -!J: Ll'l'TE r LAC NT 1 T IASH CIT.I\1 EHS lt 1ners o pr v n upon public or h cont 1n rs on ny p l1c s r , o nly o n regul rly s h dul d 1n nn r no o obs rue -:~- • I • • • • • • • 6-5-10: REMOVAL OF LITTER TO AUTHORIZED SITES All litter collected by any person s h all be taken to a site au horized for litter disposal or be p l aced o n r egular trash collection days for collection by trash haulers licensed by the City of Englewood. No person shall engage in the bus]ness of removing or haulin g litter in the City witho ut first obtaining a lice nse. A nontr nsferable license shall be issued upon the annual payment of $5 per vehi cle . 6-5-11 hrou J h 6-5-l 9 RESERVED 6-5-20: -5-:l l : ANTI-WEED PROVISIONS CUTTING AND REMOVING WEEDS occupant of realty shall cau ( l inches in height grow~ng site au thorized for th TO REMOVE WEEDS ermines ~ may b n Ul'AN'lS OF LAND ING EWOOD: cu all 'Ihe w d of ll r. wi hln h• c~ and remov.d on he D~r ctor of after the date -6- • I • - • • • • • Part _e s fail1ng to comply with this notice may be subjec t to a fine or to imprisonment not e xceeding n r.ety (90) days , or to both such f i ne and imprison- noen t as imposed b y Title I, Chapter 2, of the 1969 Englewood Municipal Cod e , as am e nded. This notice is given in compliance w1t h Section 6-5 -21 o f the Englewood Municipal Code. 6-5 -22 through 6-5-29 RESERVED 6-5-30: ANTI -DERELICT VEHICLE PROVISIONS VEHI CLES IN RESIDENTIAL ZONES No person wh o l1ves in a residentially zoned distr ict shall keep a hobby or derelict vehicle, under construction or no , un- l ess 1 is stored in a fu lly enclosed garage or s imilar struc ure. A person may s ore he vehicle in a carport or open area if he k eps he vehicle and its par s covered with a canvas or other opaque covering . Storage or covering 1s no t r eq uired when t h e vehicle is actually being worked on. No person shall bu1ld, store, or maintain more than one derelict or hobby v eh1cle outside a fully enclosed garage at each residenc~ in the City. A p rson shall not take parts from one vehicle for us on ano her vehicle or for resale on his premises. No p r son sb 11 stor or work on uny horby or derel i c t v eh 1 cle hin hi s res i d nee requi ud front yard or any adjacent rights wa y. No person hall work on a hobby or der lict vehicle exc p II 7:00 .m. 11 9:00 p.m. -5-31. VE HI CLES IN BUS! 'ESS ZONES or of -5-3 01 hro h •• 5-3 0: VTO hobby or derelict v h 1 c le in a busin ss is slor d in fully enclosed s rue ure ut c ur in n , r a cr .ned from view nd puhllc rt h s of w y. resid nc property in hobby or d rel1c v hicl I CI: -O. T A Sf> .S.,MI-. T -REM ED I .S tound h 1t w ' I , cc•1mul t1on th1n th 1ty 1n v'ol ion o -7 • of llt hi ch p r, r , I • • • • • • the City Mana glr or his des~gnee shall have posted upon the re alty or vehicl~ an appropriate notice in substantially the following form: TO THE OWNERS AND/OR OCCU PANTS OF THIS PROPERTY: NOTICE There exists upon this property (weeds) (and/or litter) (and/or derelict and/or hobby vehicles) which have not been (removed) (disposed of) or (attended to) in accord- ance with Title VI, Chapter , of the 1969 Englewood Municipa l Code. Notice is furt~er g~ven that unless the same are (removed) (and d~sposed of) (or attended to) within five (5) days from (da e of pos ing of notice), ~he City of Englewood may ca1se he same to be (r noved) (and disposed of) (or a tend d to) in compliance w1th sa1d hap er, in wh1ch even he owners and occup. n s of this realt} or vch 1 cl~ owner may b liable fo. all co~ts, expenses nd penalt1es a~ s t forth ~n Tit VI, Chapter 5, of th~ Mun~cipal Cod of the City of Englewood, includ ng th ss~ssment of a proper y lien for the costs incurr .d. 6-5-41: AI B TO COMPLY ITB NOTI CES f an co or If -5-4<': If th cl p ter, a TWenty-lV own 1· • hy c rtifi ~1, r turn own r or property 0...,1 stat m.ul ill b p l in ( ys of .id m ilin d t • 0 OSTS • I • • • • • • roperty owner that th failure to pay the statement for co s ts fo r li t ter or weed removal within sixty (60) days shall result in an a ssessment being made against t h e property which shall constitute a lien pursuant to Titl e VI, Chapter 5, of the Mu nicipal Code of the City of Englewood. 6-5 -43: ASSESSHENT If the full amo u nt of the statemen t relating to weed or li tter removal from realty is not paid within sixty (60) days, the City Manager s hall direct t h e Director o f Finance to asse ss the e ntire amount of the statement plus an a dditional Fifteen . perce nt (1 5%) penal y against t he specified realty. After assess- ment by the Dlrec or of Financ e, a copy shall be sent to each owner of record of the assessed realty. The assessment shall contain a legal description of the premises, the expenses and costs incurred, and the date for li ter or weed removal, and a notice tha t the Ci i claims a lien for this amount. The Di r ector of Finance shall certi fy such assessment to t he County Treasurer who shall collect such assessmen 1n he sam~ manner as a d valorem taxes are collected . 6-5-44. ASSES 1E. TS A LIEN From the dat of the ssussing statemen t , all a ssessments shall constitute a p rp tual lien against the specified realty r all liens excepting general tax liens to d lays , mis akes, errors or 6 -5-45: -5- ptvce ding u horized h rein shall flnal sses m nt; but the same may h s h case may require , roperty wner or other interes ed shall a e effect as of the 11 Di c or of Finance. APPEALS OTI s nd p•n ltl s sh 11 con ti - Attorn y sh 11, h dlr c- civil ui in h of h -J- • I • • - I I ' l I I 1 I i ,I I ¥ • • • • City to recover such charge s, costs and penalties. This remedy shal l be cumulative wi th all other remedies, including prosecu- tion in Mun icipal Court for ea ch violation o f this chapter. Section 2. Severab ility. If any section, subsection, sentence, clause, phrase, or portion o f this Ordinance is for any reason held in v alid or unconstitutional by a court of competent juris- diction, such portion shall be deemed a s epa rate, distinct, and i ndependent provis ion and the holding shall not affect the v alidity of th rem ining portions of the Ordinance. Introduced, read in full, and pa ssed on first reading on t he 8th day of September, 198 1. Published as a Bill for an Ordinance on the 9th day of Sep tember, 1981. Attest: Eugene L. Ot1s, Mayor ClO C1ty Clerk-Treasur r R. Higb , x officio C1ty Clerk-Treasurer of the wood, Colorado, her by cer ify that h above and ru, accura e and co.plete copy of a Bill for uced, read in full, and passed on first day of Sept mber, 1981. Gary R. Hlgbee -10- • I • • - ORDINANCE NO. SERIES OF 198r---- • • - BY AUTHORITY A BILL FOR 7 ;:: COUNCIL BILL NO. 78 INTRODU}E~ BY COU~CIL MEMBERQ "1rt.v:J_ AN ORDINANCE APPROVING THE TRANSFER OF REAL PROPERTY TO THE WRITER CORPORATION IN RETURN FOR REAL PROPERTY IN ORDER TO SIMPLIFY THE PROPERTY LINE BETWEEN TWO PARTIES OWN ERSHIP . WHEREAS, City Council of the City of Englewood owns certain real property located in the East 1/2 of Section 32, Township 5 South, Range 68 West of the 6th Principal Meridian, County of Arapahoe, State of Colorado, as hereinafter described; and WHEREAS, the Writer Corporation owns the property immediately adjoining that of the City of Englewood; and WHEREAS, the parties seek to realign the property line separating these two parties' property; and WHEREAS, the value of the exchange is eq ual given that similar areas are exchanged immediately adjacent to one another. .. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Sect~on 1 . City Council of the City of Englewood hereby approves the transfer of real property to the Writer Corporation pursuant to Warranty Deed attached hereto as Exhibit "A". Said Warranty Deed is in s tandard form with the following legal description transfer-ing proper ty to the Wr iter Corporation: P A RCEL I : .:1 TRACT Or L AN!.-LOCATED III;"THE EAST ONE-HALF OF SECTION 32. TOWNSHIP 5 snu·rH. R-.INGE 69 WEST Oi-Ti-iE: oT:--i ?RINC!PAL f1ERID!AN, CDvNTV OF ARAPAHOE:, ST A TE GF COLORADO, 110RE: PARTIC ULARLY DESCRIBED AS FOLLG:.;s. COMf'IENCI!\(; AT THE EAST o ;.:;::-'lUART::?. CF SAID SECTION 32; THENC E S CO ;jECfiEES :2 9 l'iiNUTES 20 St:.1.Q!,j0S W, A DISTANCE CF 443 . oC FEET ALO I"C THE E AST L.INE OF SAID SECTION 32 TO A POINT, SAID POINT 11ElNG THE TRUE POI NT OF BEGINNING; THE•'oi:E N 77 DEQREES 13 MINUTES 05 SECONDS I.J, A DISTANCE OF 506 .37 FEET TO THE 50\.iTH LINE OF THE NORTH ONE-HALF GF THE NORT~C:AST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF T :-:E NORlHWEST ONE-QUARTER OF THE SOUTHEAST CNE-QUA RTE R OP SAID SECTION 32; THENCE ALONO SAID SOUTH LINE N 89 DEGREES 57 11INUTES 45 SECC!'JDS E. A DISTANCE OF 494 . 78 r:EET TO A POINT ON T HE E AST LINE OF SAID SECTION 321 THENCE S 00 DEGRE ES 29 MINUTC::S ?Q ::'ECONDS W ALm :o SAID t::AST LINE OF SECTION 32. A DISTANCE ·J ;: 1 t 2 . 3t, FEEr TO THE TR~;::· PO!NT OF GEOINNING . • I • • • • • L\ TRACT OF LAI\00 LOCATED IN THE E!\ST ONE-HALF OF SECTION 32. TO"'NSHIP 5 SOU'IH. RANGE 68 WEST OF ir:E 6TH PRINCIPAL MERIDIAN, COUNTY OF .:>R~PAt-iOE', STATE OF COLORAIDQ, l'tCif\0::: PARTICULARLY DESCRIBED AS FOLLO~S : (:t_';-;'1ENC !;·.,,:;: AT THE EAST O:>!E-GUARTl:.R OF SAID SECTION 32; THENCE S 00 !:JEGREE S 2'7 MINuTES 20 SE~ONDS w, A DISTANCE OF 443. C:.O FEET .;LONG THE EAST UN~ OF SAID SECTION 32 TO A POINT; THENCE N 77 DEGREES 13 I'IINIJ T!::S '::•~ SECONDS W. A DISTANCE C'F ::i06. 37 FEET TO THS SOUTH LINE OF TH~ r•IORTH ONE-HALF OF THE NORTHE<I\ST ONE-QUARTER OF THE OF THE r·!uRTH?-AST ONE-QUARTER OF Tr£ SOV"!HEAST ONE-QUARTER OF SAID SECTION 32; THENCE N 63 DEGREES 17 MINUTES 53 SECONDS W, A DISTANCE OF .t8:J. 92 F;:;::T TO THE TRUE .?OINT OF BEGINNING; THENCE THE FOLLO:.IING THREE < 3) COURSES AND DISTANCES: < 1) THENCE N 63 DEGREES 17 t1!NUTES 53 SECONDS W, A DISTANCE OF 183.3= FEET; (2) THENCE N 89 DEGREES 57 r"! INUTES 10 SECONDS E. A DISTANCE CF 164. 97 FEET1 <3> THENCE S 0•) D:::GnEcS 30 MINUTES 00 SECONDS w. A DISTANCE OF B2.7o FEET TO THE TRUE POI!~T OF BEGINNING. p,;RCEL I I 1: A TRACT C•F LAND LOCATED iN THE EAST ONE-HALF OF SECTION 3~. TOWNSHIP 5 SOUTH, RANGE 68 WEST GF THE C:.TH PRINCI?AL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO,. MORE PARTICULARLY DESCRIBED AS FOLLOwS : ,:OMMENC I!\i·~ AT THE EAST Oi .. E-OUARTE:R CORNER CF SAl D SECT ION 32; TH ENCE 5 00 DEGREES 29 MINUTES 20 SECONDS W, A DISTANCE OF 443 .60 FEET ALONG THE EAST LINE GF SAID SECTION 32 TO A POINT! THENCE N 77 ZIE:GREES 13 f't!NUTES 05 SECCNDS w. A DISTANCE OF ~Oo. 37 FEET TO TH.:: SiJUTH LI!-!E OF THE NORTH ~E-H.O.LF OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-O'JARTE~ OF' THE 501JTHEAST ONE-QUARTER OF SAID SECTION 32• THENCE N 63 DEGREES 17 MINUTES 53 SECONDS W, A DISTANCE OF 5:::>1. 5b FEET TO lHE TRUE ?OINT OF BEGINNING; THENCE THE FOLLOloliNG TH REE (3) COURSES AND DISTANCES: Cl) THENCE N 63 DEGREES 17 MINUTES 53 SECONDS W, A DISTANCE CF 183.72 FEET1 <2> THENCE N S9 DEGREES 5o l'ilNUTES 33 SECONDS E, A DISTANCE. OF 164. So FEET1 C3) THENCE S 00 ~C:GREES .:::v MINUTES 31 SECONDS w, A DISTANCE CF 82. 72 FEET TO THE ·muE i"Oii·IT CJ~ BEGINNING . Section 2. In consideration of the foregoing transfer to Writer Corporat~on, the Writer Corporation shall, by Warranty Deed, transfer to the City of Englewood that parcel of ground leg lly described aa follows: -2- • • I • • -• • - ?1-.RCC:i.... I : A TRACT <.F LAND LOCATED IN THE: EAST ONE-HALF OF SECTION 32. T01./NGHIP 5 SOUTH. RANGE 68 WEST OF THE SIXTH PRI NCIPAL MERIDIAN, COUNTY OF ~RAPAnOE, STATE OF COLORADO, MOR~ PARTICULARLY DESCRIBED AS FOLLC~S : GDM MENCING AT THE EAST O:•:E-GUART;:R CORNER OF SAID SECTION 32; THE NCE S CO DEGREES 29 MINUTES 20 SECON DS W. A DISTANCE OF 443 .60 FEET ALO!-:G THE EAST LINE OF SAID SECTION 32 TO A POINT; THENCE N 77 DEGREES 13 MINUTES 0' ~ECCNDS w. A DISTANCE OF '06.37 FEET TO THE SOUTH LI:-.;E OF THE NORTH Ci!-:E-HALF OF THE NORTHEAST ONE-GUARTER OF THE NORTHEA ST ONE-GUARTER OF T~E SOUTHEAST ONE-QUARTER OF SAID SECTlO~ 32, SAID POINT BEING THE T~UE POINT OF BEQINNING; THENCE THE FOLLOWINQ THREE <3> COURSES AND DISTANCES: (1) THENCE NORTH o3 DC:GREES 17 MINUTES 53 SECONDS W, A DISTANCE OF 183.92 FEET; (2) THENCE S 00 DEGREES 30 MINUTES 00 SECONDS W. A DISTANCE OF 82 .75 FEET. (3) THENCE N 89 DECREES 57 11INUTES 45 SECONOS ~. A DISTANCE OF 165 . 03 FEET TO THE TR~E ?OINT OF BEGINNING . PARCEL II: A TRACT Or LAI ·iD LOCATED IN THE WC:ST ONE-HALF OF SECTION 33, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF T!--:E SIXTH PRINCIPAL MERIDIAN. COUNTY OF ARA?r<.HOE, STAlE OF COLOR~DiJ, 110RE PARTICULARLY DESCRIBED AS FOLLCWS : CO MMEo~CI!';G AT THE W~ST o·.;E-GUARTE"R CORNER OF 5.:010 SECTION 33, THENCE S CO DEGREES 29 MINIJTES 20 SECONDS W, A DISTANCE OF 443 . cO FEET ~LON~ THE lo:EST LINE GF SAil> SECTION 33 TO A POINT; THENCE S 25 DEGREES ~0 MINUTES 5o SECONDS E. A DISTANCE OF 245 .28 FEET TO THE TRUE POINT OF BEQINNINQ, iHENCE THE FOLLOWINQ FIVE <5> COURSES ~ND DISTANCES : (1) THENCE S 79 DEGREES 05 MINUTES 25 SECONDS E. A OIST~t~CE QF 406 .48 FEET. <21 THENCE S 85 DEQREES 45 MINUTES 23 SECONDS W, A DIST~~CE OF 130 53 FEET; (3) THENCE S 51 DEGREES 19 MINUTES 16 SECONDS W. A DISTANCE OF 165. 15 FEET1 (4) THENCE N 40 DEGREES 21 MINUTES 07 S~COt~DS w. A DISTANCE OF 17;!. 83 FEET, < 5> THENCE N ~5 CEQREES 50 MI~UTES 56 SECON DS W, A DISTANCE OF b4 .59 FEET TO THE TRlJE POIN T OF BEGlNNING ?ARC£L Ii!. A TR ACT OF LAND LOCATED IN THE EAST ONE-HALF OF SECTION 32. TOWNSHIP 5 SOUTH. RANGE oB WEST OF Tra:: SIXTH PRINCIPAL MERIDIAN. COUNTY Or' ARAP ~DE, STATE OF COLCRADJ, MORE PARTICULARLY DESCRIBED AS FOLLC!S . COMMC:tJC NG AT TH EA ·r 0:-!E-GUART::"R CORNER OF SAID SECTION 32; THENC E S 00 DEQREES 29 MINUTES 20 SECONDS W, A DISTANCE OF 443 .60 FEET ALOt J;; THE EAST LIN CF SAID SECTION 32 TO A POINT THENCE N 77 DE R ~S 13 MINUTE 0' SECONDS W. A DISTANCE OF '06.37 F ET TO THE -3- • .- 0 I • • • • • SOUTH LI•·'"' OF THE NORTH !::r·!E-HALF OF THE NORTHEAST ONE-QUARTER :JF \HE NORTHEA S ·i~ ONE-QUARTER OF n :E SOUTHEAST ONE-QUARTER OF S~ID _SECTION 3 ?· TH ~~-E N 6 3 DEGREES 17 MINUTES S3 SECONDS W, A DISrAN~E OF 36~ 78 F~;;T TO THE TRUE ?OINT OF BEGINNING; THENCE THE FOLLOWIN? _ -HR~E 1-1-coURSES AND DISlANCE S : lll THENCE N b3 DEGREES 17 MINUTES ~3· SECD~DS 1.), A DISTANCE OF 183. 79 FEET; l2> THENCE S ~0 ~EGREES 30 MII'JVTES 31 SECONDS w. A DISTANCE CF 82 . 73 FEET; (3) THt:.NCt:. N 89 r:- D~GREE S 5 7 MINUTES 10 SECON~S E. A DISTANCE OF 164.92 FEET TO TH. TRUE POII.JT OF BEGINNING . Section 3. That the City Council of the City of Englewood hereby authorizes the Mayor of the City of Englewood to affix his signature to the Warranty Deed herein described in Section 1 and authorizes the Director of Finance, ex officio City Clerk-Treasurer, to attest the same. The City Council of the City of Englewood hereby authorizes the City Manager and the City Attorney to prepare and deliver those documents necessary to effectuate the purposes of this ordinance . Introduced, read in full, and passed on first reading on the 8th day of September, 1981. Published as a Bill for an Ordinance on the 9th day of September, 1981. Attest: Eugene L. Ot is , Mayor ex off~c~o C~ty Clerk-Treasurer I, Gary R. Higb e, ex officio City Clerk-Treasurer of th City of Englewood, Colorado, hereby certify that the above and for - going is a true, accurate and complete copy of a Bill for an Ordin nc , introduced, read in full, and passed on first reading on the 8th day of September, 1981. Gary R. Higbee I • • • - C 0 U N C I L C 0 M M U N I C A T I 0 N I DATE Aug ust 8, 1981 AGENDA ITEM "i .C SUBJECT . Exchange of Property with Wr1ter Corp. at McLellan Reservoir I f INITIATED BY Stewart H. Fonda, Director of Utilities ACTION PROPOSED Approve exchange of land with Writer Corp. • INTRODUCTION: A request was made by Writer Corp. to exchange certain parcels of land along the property boundary between property owned by Writer and Englewood along the north shore of McLellan Reservoir. The property is depicted on Map 1 and Map 2, attached, and is described in the Bill For Ordinance, also attached. BACKGROUND INFORMATION: Writer Corp. is currently proceeding with the development of their property North of Mclellan Reservoir, which adjoins the Englewood property surrounding the reservoir. The Writer development is a residential development. The existing boundary, as shown on the a ttached maps is jagged and presents problems to both the City of Englewood and Writer Corp., if left at its' present location. The proposed property boundary will create a smooth boundary which will f acilitate the fencing and patrolling of the reservoir by the City. The proposed boundary will allow Writer Corp. to create a common a rea which severs privately owned residences from the Englewood property line around the reservoir . This common area may be dedicated at a later date to the City of Littleton or maybe controlled by a Homeowner's Association . The creation of such a barrier is definately advantageous to the City. The property has been surveyed, a legal description prepared,and the attached bill prepared for approval by Council. The concept of exchanging equal parcels to simplify the boundary line has been discussed with the Water and Sewer Board, a nd the Water and Sewer Board agreed with the concept. • I • • ) • • • • FI NANCIAL DETAILS: The exchange of property is such that both the City and the Writer Corp. will receive approximately equal portions of land of essentially equal value. Therefore, no financial considerations are necessary. REC OMMENDATIONS: It is recommended that the bill approving the transfer of real pr operty to the Writer Corp. in return for real property in order t o simplify the property line between the two parties' ownership be approved. I • • -· 1•, ·\P . ~ ~ b I " I ' l. ... .... '\ .. l ~ i-~ ; ••••• ~ .. • • t •• ·-• ,, • ' ·•.'\01 .... ~ 0 ,N89'~6'33'£ ~ 326.00 ' 16(.9 .lS' ' ' ,/ , ' -··: ...... , ........ ,.( . 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E~kwocd. ~ EV\~\ \.).)C)OJ. ~C..e.""\\) > ~~w.. \A.)~ (\-t.l(" TR UE P.O .B PARCEL IC • 0 El /4 CC'R S C 32 T5 S , F\68W S 22° 53' 17'"E 143 08' N 14 c 2 5 '4 .3'' E 25609' N45c43'37 "E 253.90' N72°55'48"E 202 .98 \ S78°29'40"E 204.16 ' r / ) // ' N4°33 / 143.1 ( N7C'32 '1C " 175 .73' • - ORDINANCE NO. SERIES OF 198 .. • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 78 INTRODUCED BY COUNCIL MEMBER J£u,..6 "l-.G AN ORDINANCE APPROVING THE TRANSFER OF REAL PROPERTY TO THE WRITER CORPORATION IN RETURN FOR REAL PROPERTY IN ORDER TO SIMPLIFY THE PROPERTY LINE BETWEEN TWO PARTIES OWNERSHIP. WHEREAS, City Council of the City of Englewood owns certain real property located in the East 1/2 of Section 32, Township 5 South, Range 68 West of the 6th Principal Meridian, County of Arapahoe, State of Colorado, as hereinafter described; and WHEREAS, the Writer Corporation owns the property immediately adjoining that of the City of Englewood; and WHEREAS, the parties seek to realign the property line separating these two parties' property; and WHEREAS, the value of the exchange is equal given that similar areas are exchanged immediately adjacent to one another. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: 7F Section 1. City Council of the City of Englewood hereby approves the transfer of real property to the Writer Corporation pursuant to Warranty Deed attached hereto as Exhibit "A". Said Warranty Deed is in standard form with the following legal description transfer- ing property to the Writer Corporation: PARCEL I : A TRACT Gi=" LANLt LOCATED I:-~· THE E.qST ONE-HALF OF SECTION 32, TOWNSHIP ~ SOUTH. R MNGE 69 WEST OF THE 6n~ PRINCIPAL MERIDIAN, COUNTY OF ARAP.1HOC:, ST ATE QF COLORADO, 110RE PARTICULARLY DESCRIBED AS FOLLG:.;s : t:OMI'<ENC I•-.:; AT THE EAST o:~;::-QUARTEi'! CF SAID SECTION 3~1 THENCE S DO JCCf\i::CS ~7 :1 INUTES 20 Sc.'.Q!.j05 \.1, A 0 I STANCE OF 443. oO FEET ALOI-JG THE I:.AST LIN:;: OF SAID SECTION 34> TO A POINT, SAID POINT llElNG THE TRl.'E FOINT OF BECIIIiNIN01 THE•-!:E N 77 DEOREES 13 MINUTES 05 SECONDS lol. A DISTANCE OF 506.37 FEET 'iO THE SO~TH LINE OF THE NORTH ONE-HALF Gf'" THE NORTl-lC:AST CNE-OUARTER OF THE NORTHEAST CNE-OUARTER OF THE NORTHEAST ONE-QUARTER OF T:-:E NOR1HWEST ONE-QUARTER OF THE SOUTH AST CNE-QUAR TER C~ SAID SECTION 321 THENCE ALONO SAID SOUTH LINE N 89 DEGREES '7 MINUTES 45 SECCNDS E, A DISTANCE OF 49 .78 FEET TO A POINT ON THE EAST LINE 0~ SAiv SECTION 321 THENCE S 00 DECREES 29 INUTt:S ..,~ ::'EC ONOS 1.! ALO.:O SAID EAST LINE OF SECTION 3~. A DISTANCE JF 1 P . 3!J F'I:Er TO THE TR..;;;:· PO!NT OF' BEGINNING . "I I • • • • .o, TRACT GF L At-;0 LOCATED W THE E.'~ST ONE-HALF OF SECTION 32. TOI-IN5HIP S SOU"IH, R ANGE 68 I-lEST OF TrE 6TH PRINCIPAL MERIDIAN, COUNTY OF Ar\.C.PAHGE, S TATE OF COLOR~DO, !'iiJ"C: PARTICULARLY DESCRIBED AS FOLLO ~S : .:;r_,;-;~1Er·ICH·i 'J AT THE EAST O~!E-GUART"-R OF SAID SECTION 32; THENC::: S 00 D EGR ~ES 2'7 MINUTES 20 SECONDS W, A DISTANCE OF 443.b0 FEET ALONG THE EAST LI NC: OF SAID SECTION 32 TO A POINT; TI-'ENCE N 77 DEGREES 13 ri!N 'JTES ':•~ SECONDS W, A DISTANCE C'F :506. 37 FEET TO THE:: SOUTH LINE CJF TH~ NORTH ONE-HALF OF THE NORTHEt\ST OtE-OUARTER OF TI-'E OF THE r•!ORTH:=-AST ONE-OUAR1ER OF Tl-i!:. SOU1HEAST ONE-QUARTER OF SAID SECTION 32; THE!·~Ct: N 63 DEGREES 17 MINUTES 53 SECONDS W, A DISTANCE OF .t83. L}2 F;:~T TO THE TRUE .?Oii'!T OF BEGINNINC; THENCE THE FOLLO:,JING THREE (3j COURSES AND DISTANCES : < 1 ) THENCE N 63 DEGREES 17 11!NUTE5 5J SECONDS W, A DISlANCE OF 183 .;~ FEET1 <2> THENCE N 99 DEQREES 57 r-'!NUTES 10 SECONDS E. A DISTANCE CF 164. 97 FEET ; <3> THENCE S 0•) Di::GHEC:S :;o MI NUlES 00 SECONDS I.J, A DISTANCE OF 82. 76 FEET 1 0 THE TRUE POI!-.JT OF BEGINNING. p,;RCEL I I I: ., A TRACT OF LAND LOCATED iN ' THE EAST ONE-HALF OF SECTION 3;!, TOWNSKIP t ; SOUTH. RANGE 68 wEST OF THE oTH PRINCI?AL MERIDIAN, COUNTY OF ,RA PAHOE, STATE OF COLORADO •. MORE PARTICULARLY DESCRIBED AS FOLLO~S : ,:QMME:N C I !lOG AT THE EAST o ;.,;E-OUARTC:R CORNER OF SAID SECT ION 3 2; THEN CE 5 QO DEGREES 29 MINUTES 2C SECONDS W. A DISTANCE OF 443 .60 FEET ALONG THE EAST LINE OF SAID SECTION 32 TO A POINT; THENCE N 77 iiC:G REES 13 l"oiNUTES 05 SECCNDS w. A DISTANCE OF 506. 37 FEET TO n;;:; SOUTH LI!-!C: OF THE NORTH 'C~E-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHE A S T ONE-QUARTER or: IHE SOUTHEAST ONE-GUARTER OF SAID SEC TION 32; THENCE N 63 DECREES 17 MINUTES 53 SECONDS w. A DISTANCE ();:: 551. 56 FEET TO THE TRUE ?O I NT OF BEGINNING; THENCE THE FO!..LOitii NG THREE <3> COURSES AND DISTANCES: (1) THENCE N 63 DEGREES 17 MINUTES 53 SECONDS W, A DISTANCE CF 183.72 FEET1 <2> THENCE N 89 DEGREES 5b l'llr~UTES 33 SECONDS E. A D!STANCE OF 164. 86 FEET1 <3> THEI'JCE 5 00 uC::GREC:S .::Jv MINUTES 31 SECONDS w. A DISTANCE OF 82. 72 FEET TO THE T RUE POI~T 0~ BEGINNING . Section 2. In consideration of the foregoing transfer to Writer Corporat1on, the Writer Corporation shall, by Warranty Deed, transfer to the City of Englewood that parcel of ground legally described as follows: -2- • • I • - • • • • ?ARCC:i... I: A TRACT Q= LAN D LOCATED IN THe: EAST ONE-HALF OF SECTION 32, TOl.!NSHIP ;, SOUTH. RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAhOE, STATE OF COLORADO, MOR~ PARTICULARLY DESCRIBED AS FOLLO~S : COM MEt.JCJt.;Q AT THE EAST O:•:E-GUARTcR CORNER OF SAID SECTION 32; THENCE S CO DEGREES 29 MINUTES 20 SECONDS W, A DISTANCE OF 443 .60 FEET ALO:..:G THE EAST LINE OF SAID SECTION 32 TO A POINT; THENCE N 77 DEGREES 13 MIN UTES 0~ SECONDS W, A DIST"NCE OF 506 .37 FEET TO THE SOUTH Lb;r;:: OF THE NORTH ~NE-HALF OF THE NORTHEAST ONE-GUARTER OF THE , ORTHEA ST ONE-QUARTER OF T~E SOUTHEAST ONE-QUARTER OF SAID SECTION 32. SAID p OI NT BEING THE T~t.iE POINT OF BEGINNING; THENCE THE FOLLOWIN~ THR EE <3> COURS~S ~ND DISTANCES : (1) THENCE NORTH Q3 DEGREE S 17 MINUTES 53 SECONDS W, A DISTANCE OF 183 .9:;! FEET ; (2) THENCE S 00 DEGREES 30 MINUTES 00 SECONDS W, A DISTANCE OF 82.75 FEET; <3> TI-;ENCE N 89 OC:CREES 57 MINUTES 45 SECON~S £, A DI5TAN-:E OF 16 5. 03 FEET TO THE TRL'E ?OINT OF DEGINNING. PARCEL II: A TRACT CiF LAI ·<D LOCATED IN THE WC:ST ONE-HALF OF SE CTION 33, TOWNSHIP 5 SOUTH , RANGE 68 WEST OF T!-:E SCX TH PRINCIPAL MER!D!AN, COUNTY OF ARA P.<.HOE, STATE OF COLOR~Du. 110RE PARTICULARLY DESCRIBED AS FOLLOWS : •:OMMEI.lCII';G AT THE WEST O"I!E-GUARTI:R CORN::.R OF SAID SEC 'riON 33, THENCE S CO DEGREES 29 MIN'JTES 20 SECONDS W, A DISTANCi:: OF 443 . cO FEET MLON.? THE WEST LINE C.F S Ail.) SECTION 33 TO A ?OINT ; THENCE S 25 DEGREES ~0 MINUTES ~o SECONDS E. A DISTANCE OF 24:5 .28 FEET TO THE TP.UE POINT OF BEGIN, 'JNQ; iHENCE THE FOLLOWING FIVE ( 5> COURSES ~NO DISTANC ES : (1) THENCE S 79 DEGRE eS 0~ MINUTES 2:5 SECONDS E. A DISTt.t~CE OF 406. 48 FEET1 <:;:> THENCE S 85 DEGREE S 4~ MINUTES 23 SECONDS W. A DISTANC E OF 1~0 . 53 FEET ; (3) THENCE S 51 DEGREES 19 MINUTES 16 SECONDS W, A DISTANCE OF 165. 15 FEET1 <4> THENCE N 40 DEGREES 21 MINUTES 07 S:::COI~DS w. A DISTANCE OF 172.83 FEET, <::i> THENCE N 25 DEGREES 50 MINUTES 56 SECONDS W, A DIST~~CE OF 64 . 59 FEET TO THE TRUE POINT OF BEGINNING . PARCEL I .l: I . A TRAC T OF LAND LOCATED IN THE EAST ONE-HALF OF SECTION 32, TOWNSHIP ~ SOU TH, RANGE 68 WEST OF Tr:E SIXTH PRINCIPAL MERIDIAN, COUNTY Or ARAPAHOE, STATE OF COLCRADO. MORE PARTICULARLY DESCRIBED AS FOLLuWS . COM MeNC ING AT THE EAS 'r O:'!E-GUART!:R CORNER OF SAID SECTION 321 THENCE S 00 DEGREES 29 MINuTES 20 SECONDS W, A DISTANCE OF 443.60 FEET ALOtJ~ THE EAST LINE CF SAID SECTION 32 TO A POINT 1 TH NC E N 77 DEGREeS 13 ~IINUTES 0' SECGNDS W. A DISTANCE OF 506.37 FEET TO THE -3- • . I I • - • • • • ~.I '=D U T I-l LH-'~ OF THE NORTH :::i·'E-HALF C:F THE NORTHEAST ONE-QUARTER OF ':H::: ~DfHH E AS .T ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF S~ID ~ SECTIO;~i 3?· T H~~~c N 63 DEGREES 17 MINUTES 53 SECONDS W, A DISrAN~E OF 36~ 78 F~~~ TO THE TRUE POINT OF BEGINNING; THENCE THE FOLLOWIN? _ ""HREE (-)-COURSES AND DISl <".NCES : < 11 THENCE N o3 DEGREES !7 MINUTES ~3· SE C O~DS W, A DISTANCE OF 183. 79 FEET; <2> THENCE S ~0 ~£GREES 30 t11N'JT !::S 31 S-ECONDS W, A DISTANCE GF 82. 73 FEET; (3) Ti-lt:.NCt:. N 89 c: DEGREES 57 MINUTES 10 SECONDS E. A DISTANCE OF 164. 92 FEET TO TH~ TRUE P Oli.JT OF EEGINNING . Section 3. That the City Council of the City of Englewood hereby authorizes the Mayor of the City of Englewood to affix his signature to the Warranty Deed herein described in Section 1 and authorizes the Director of Finance, ex officio City Clerk-Treasurer, to attest the same. The City Council of the City of Englewood hereby authorizes the City Manager and the City Attorney to prepare and deliver those documents necessary to effectuate the purposes of this ordinance. Introduced, read in full, and passed on first reading on the 8th day of September, 1981. Published as a Bill for an Ordinance on the 9th day of September, 1981. Att st: Eugene L. Otis, Mayor x offic1o C ty Clerk-Tr I, Gary R. Higbe , e x officio City Clerk-Tre sur r of th Ci y o f Englewood, Color do, hereby certify th t th abov nd fore- go i n g i tru , a c curat nd complet copy of a Bill for n Ordinance, i ntroduc d, re d i n full, nd passed on first reading on th 8th day o f s p mb r, 1981. G ry R. Hi gb • ., 0 I • - ' ( • • • - ~I ,, I··~,, " Ht'l\;t olo •t I Ill ''' ·,1 \!'<II' Lu ... ii lt-1•. ·.1 ''"')' 1 •··· •• f Ar::1r.-aho'! lllt•l.,t::Ut•hf '''"'' •r tt•,·' th~ t·ffiiTF'1 CO !"POMTION ~..t«· alt.~ •·• 027 r:. Invl:!rness Drive , Englewood, CO 80112 l uunt) 11! Arapa:toC "'"J ~·l.ihl uft,'ul""' ·"'·'·\;•tm• •.c,vn•lp.u t \\ IT!\[:">SI::Tll. fh a.t ttu;· a:ud p;.~rty o~tt hc f tn•t ••.art , tor ;anti m C'unanlf'rlilttou •·ft .,t• 'II"' u( ---------- •;EN DOLLARS AND OTliER GOO D AND Vl\LUADLE CONS IDERAT ION ------·uut;t.,.n s . tl.~· a:ud 1':1' h' u f \Itt• fuat p ~1 t tn lumd v:ud 11) t he utd par LY of t h tt •~"C''-'nJ part. the rt!Ccupt whereof •• he noll)' .o:.ft• t•d ~nu u{know!C!d r;cd . :HI $ ~ranted , bar~ta •n• I , •~ld •nd ronv•)'HI and li)' thnf' presents do••• r-rant , b:s(l{atn, 1 t·'l. con'> I") an I con t~rm. unto thr .aid p:srty of th• H"t't.~nd part. tu• h•tn and .,_.,ana rurev"'· ull the: fullow1na: •h \t•lw·II"O u r tl:tfC't!l S of !:Ind. a1tuute.lyinf" ond ~II'JC''" th~ ••I' 1· "'' Arapn hoG :\r·l..,tote of('ulorado. to·¥rlt Parcola 1, II, and Ill attached h ereto and mado ~ p a r t h e r e o f. 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II '• tit\ ,., •• ,..,,,, ••• ~ .... ,...... • ........ ,,......,. .............. .,... ..... .,..... ....... c.-... &au .. •u -•" ~ 'I [lt1_., A'' ,, • • I 0 I • • • - .• Y i:, · _f-1.:'-..v L..-:.-.·1...:0 " "1'-: •·Jjl •lf\2:-H.'\L i=' IJ,.. ;:·11U• '• .~_.:,.~.,, • ... :~·,;, . HN.~:::. 6'3 l-.=-;,· 07 7 :-~ ..,-.-... ~;(J NC!?AL ,-;.;:.,h .;., , \.ou l.o N,·v ~:··· \ n·,.,,,J..:, ·;:·,\'\"!~ f.J;:' CUt-UhrlJ 'J , 1·1\Jti.-~ rr.n T:i.CULARLY ;).£S ~.\IB::::> A3 FU '-.~U:-.s , . ..;:; • .; ••. ; , T "ll -i C 1,..A :,-I u; .. ~-I)U,i.,1T ...;.:?. c.:-~t\ 0 St..CTlON .2d , TI·:Ci.~t:: S CO .. ~ \c.::s ;;..<:; :1 11 -JUTl~S oe:O 5 1::"':0!405 !..1, A u I SIAN E OF 4 43. oiJ ~L CT .~LU i..!G 1 Ht: ·~•,T L.IN ~ OF S AID SECTIOtJ 3~ TO A POINT. SAID POINT llElNC THE Th VS: ;;a OF" !lS:GII•NINGI TH::•,:E N 77 CEGREES 13 MINUTE S 05 SECO NDS 1~. A ,.., t":;Tt',·-::E cr 5C·6 37 FEET ";'"0 T~!:: SC~TH LINE Q;= THE NO RTH ONE-HI\L F Ci:'= · ~·~~T:" ;:1\ST C: ':::-GUAR TCR OF" TH':: NOR THEAST CN:::-GUARTER OF THE -··'?.1\ )'( liNi:-Cl'JN'!TEil OC' T :-;E N0rt1 r1W'0:3T ONE-ClU.>IHER Or TriZ SOUTH:.:AST r::"'-<:l1JA:1TE R C? S l\iD SECTI Q•J '::2• TH ENC E ALO NG SA ID SOUTH L WE ~J 09 t "::1.'.1(;:23 '57 11l~U TES 45 SECONDS E. A DISTANCE OF 494 .78 r:E.ET TO f-. Q,;JT ON Tfi:;: EAST LINE 0~ SAIU 3':CTION 32 1 TH"NCE S 00 DEGR EES 2¥ .... ~~J-;--~; ~~ :·r-cO ND S l..! ALO;-:G SAID ::AST LI~E Q;:' SECTION 3~. A DI STAf\;CE -\ .;,1~ F~~r TO TJ-o:~ TP..;i:: POt Ni OF' GEOlNN!NO . \ ·,·1' :·r .:.;:-Lt\1'1.0 LOCAT ·0 j :J 1HZ £.~riT O~S:-HAt..F Q;:" s:C"i"I0;\1 0 :2. 70"':-.!':!~Ir '1 ' J'ill. llA'·'C?:;: 6!:! ~I:OST OF T:~;;: bTH PRINCIPAl.. M:;:RJDii\N, COv:O.:T'f Or .:.~.:.>r,•,a ::. S TATE Cr COI..OR .. OO , 1101><! PARTICULARLY D!!SCRIDEO AS FOLLO:..:S : · .• ,. .!.;} AT n::;: I:AST O~'E:-:iUAR'O:':..!~ OF SAI D SECTION 321 THENCI:: 5 00 .::, :''l Mir:VTCS 2 0 GE~ON!l3 W, A DISTANCE OF 443, oO FEET ALONG: THE ,; v r:: Or ~t.JO GSCTIOtJ :l2 TO A POINT1 TliENCE N 77 DE:GRt;t;S l:l 'J: ~ ~·~ ':CCONJ::i tJ. A O!STAI'lCt! t'~ ~06. 37 r-c~T TO TKZ fiOU'rH t.lr..O: OF •-. : ~: .. .2 -·-:."';Lt:' C i= TI·:C f':Q;;T l<ZI!It~T Oi .:!-CUAATWl 0;:' TH:! OF Trl~ --; C~.;:-::.:f'.n":C:l 0~ a .. :_ SOV1r'~S T O!"!:Z-cVAOT::n Or CAID !:=(...'l'JCN ·,·,~ ·~Ci! N U:l C:ZC:-:lZ~5 17 M.t .. "\J7~S :.03 S:ZC O, ~!J \J, A OISTA.' ~ Ot: -~ ':~ F;::tr 10 T .. :iZ T ra:~ ?~li'!T Oi=' O::Cl~Nll\:C. THZI\!C G. Tl·::;; FOLL..Q:,JI :.:O ~<r::-<:ll COU~SC:O /\NO DISTASCCS : tll THENCE N b:l DEG:RE.'J!S 17 11!N'JTCti :...J .,.?CCN:>S W, A DISTANCE 0?' 103. 3;, F[;£1'1 (2 ) THENCE N 09 DZO:lEES ':17 1: ;~:S lC SC:CCNOS E. A DISTANCE CF 164.97 FEET• 13 1 THENCE 6 ~) -;'l:::.!: :;c MH:ulES 00 SECONDS W, A DI S TANCE OF 1>2. 76 FEET TO ·rHE •pu: ·'ONT Or OCC IJI.'N!NO . 1 rn:·: i C:~ LA~;!) t..O:A i\:.0 i:o~ i "H:: E AS '1' 0!\!S-H.~l..F 0~ !l ·c·1 IO ~l :2. .,.O!.JN .)!{lP "..;J ,H, !\MICE 60 !.EST 0?' THE oTn PiHNCI?AI.. MERIDIAN, COUNTY OC' •· r.t'A'IO C, SlATC OF COLmM:O, MO ll: PARTICULARLY 026CRIDED AS FOLLOWS . l""'i:i CI () AT THE CAST 0 .-C:-OUART_.R CORII:ER CF SAID SECTION 32. ,;c.: S ~0 Q!:CREE9 :!9 Ml!\!'JTES ~0 ~CCON OS t4. A OISTM:CC OF 4.;3 60 -zr AI..~~ •n:: t;AST I..INE OF SA ID SE~T lON 32 TO A POJNT1 TH~NCE N 77 Q "~-.-; 1:l !"t NUT[;J 05 GZCCN:>S w. A OISTA Cl! OF 506.37 rC:!;T TO 1'h;;; ''1,1 1.1 ... :! 0~ ~l::! !''J:!TH 't'~..,~-.-.ALP Oi=' Tl·!E NO:lTHC:AS'T 1)1\.ttt-OUARn~ll OF , r:=:n:•-:AJT C ;";-G!J .. I'IT E:l 0;:' T ... : SOVTH::A:lT CN!Z-CUA:lrl!n 0;:' ::AID C'o'J O'J _,::, TK:;:I\:CC N b :J D:O:JEI!S 17 Mli\.'VTI!El ~:l ECONOS IJ, A O!GTf.II:CE C;:' ~~1. 5.!> F GE T TO THE TRUE POINT OF OECINNINC1 TH~NCil: TH::: FO!..LO\.IWG "li!F. 131 COUR!ES I' NO DISi N :CCB : I I I THENCE N 63 DECREES 17 MINUTES ~J C(O. :s w, A DI S T .. NC E C~ \83 ;2 FCET1 121 THENCE N 39 DCG:REC 'b ,•UT!S ~l EC O~OS E• A D!STANCE v~ 164.86 FEET1 131 THENCE 3 00 =~ Mli\IJTES 31 SE<:ON!)S "'• A OIS T~NCE OF 82.72 ?'EET TO T f>C !J:i •Oloir !I C.li'I'~HJC • ., ---0 I • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM 7 f SUBJECT . Exchange of Property with Wr1ter Corp. at Mclellan Reservoir August 8, 1981 INITIATED BY Stewart H. Fonda, Director of Utilities ACT I ON PROPOSED Approve exchange of 1 and with Writer Corp. • INTRODUCTION: A request was made by Writer Corp. to exchange certain parcels of land along the property boundary between property owned by Writer and Englewood along the north shore of Mclellan Reservoir. The property is depicted on Map 1 and Map 2, attached, and is described in the Bill For Ordinance, also attached. BACKGROUND INFORMATION: Wr iter Corp. is currently proceeding with the development of their prop erty North of Mclellan Reservoir, which adjoins the Englewood proper t y surrounding the reservoir. The Writer development is a residenti al development . The existing boundary, as shown on the attached maps is jagged and presents problems to both the City of Engle wood and Writer Corp., if left at its' present location. The proposed property boundary will create a smooth boundary which will facilitate the fencing and patrolling of the reservoir by the City . The proposed boundary will allow Writer Corp. to create a common area which severs privately owned residences from the Englewood property line around the reservoir. This common area may be dedicated at a later date to the City of Littleton or maybe controlled by a Homeowner 's Association. The creation of such a barrier is definately advantageous to the City . The property has been surveyed, a legal description prepared,and the attached bill prepared for approval by Council . The concept of exchanging equal parcels to simplify the boundary line has been discussed with the Water and Sewer Board, and the Water and Sewer Board agreed with the concept . • ., ' 0 I • • • • • • FINANCIAL DETAILS: The exchange of property is such that both the City and the Writer Corp. will receive approximately equal portions of land of essentially equal value. Therefore, no financial considerations are necessary. RECOMMENDATIONS: It is recomnended that the bill approving the transfer of real property to the Writer Corp. in return for real property in order to simplify the property line between the two parties' ownership be approved. • ., 0 I • • P,o\ (.(.~ N l/2 h(l/4 I,IH!<C 1'.!114 $(114 SE C 2 I' • o. •, •~. '"-"' .;l• Ne g· 56' :n " E 1649.l8 ' ,!: ., ... · ... , \ C£t.H5t \Y Stt 12 ,I N O~ 30'2 0 "E / I .. ,,_ , . 1 I I I • ' ' I -:: ! :-. ~ .. / { sw COR 11; t 2 frl.(t /4 N'ft 1'4 ~( 114.Sfll41 SEC-:U I I ' ... -6 '·~ ... -· so•lz'o• ·w 3 oo· I I ! I ,. I / I I I , ... ( co-• z ••·'" I $••It Sl •·• U: )l ' v •, • .. • ~ • "' • .,., (Oft $(114 , ... 's•u• sc"' tc J. ,. ... , .... , ...... ..t -.... . / " ..... , r ._ cc• sc v• '"'"" I•· ·• Sl114 Ji(C Jl .......... ""-.. .... coa '''' I•·'• uv• / ._.,. 5(114 S(C )l . '. -........ .. .... • • • 2 639. o o · .. ,. . .. ,. \ . \ • ,. ·r··,,.r: T~S T S R 8W 8W ·o ..., . 0 2: 0 '~'. S 89" 52 ' 2 0" E "' . 0 N 4'> N . 0 z I I I I Ill tc C()q SfC 13. T~S .R68W ._,., .. ; .. •· ........ , ..... · .. u·••r • ...... __ ,..,....,. I S51 •UI'16"W 16 5 15' ~_)-... -~ 130Z 30' S3 t"37'~t· E tO . l •6 t .. PARCEL c (-~. ...... ,..-- ) St7 '11'tl'W l • 96 ~ ...... _ 1•ar . -' • =~ PARCEL C TOTAL All( A • -f 6 541 A ,, ........ , ........ , ....... • • ~·.. f -· .. -... ~,: ... , .. ..... s S63"20'0Cw 78 II' N 47·~'2Q·., 121 .39' .......__ ( ..- ;.; ···~ '3~· w • • • • --------..;=--·----------- • 564"17' 30"E . 306.93 __ ! WATE I< Ll~~ L.T / TRUE 1?08 - PARCEL (18 8 10) E L (V 547:;> OJ ' ~ Wvit '<'" vtc~ive.~ ·-' ~ woW\ E~kwo~ E,..~\ U)oocl ~c.. ·,\l ~ .V'eW\ WY&tx- TRUE P.0 .8 PARCEL 1C • 0 ·------~ S 22° 53'17''E 143 .08' r / I / N45c43'37"E 253.90' / ( J /./ N4°33' 143.1! N 7C' 32'1C"E 175 73' ,.(v 0' ,v; l'ro ' J rv ~· ~~(D ~ - • • • • •' MEMO TO: Mayor Otis and Members of City Council FROM: Rick DeWitt, City Attorney DATE: August 28, 1981 RE: The Dart Board Appeal Judge Steinhardt of the Arapahoe County District Court, on August 1, 1981, upheld the City Council's decision to suspend The Dart Board's authority to distribute alcoholic beverages for a five-day period of time. The District Court's Order is automatically stayed for a fifteen-day period to allow for appeal by The Dart Board. I have discussed with the attorney for The Dart Board the possiblity of appeal. He has indicated there is a good possibility in that the five-day suspension will interfere with his "dart season" It will be necessary for Council to establish the five-day period of time during which the penalty shail be served. I suggest that the Council review its opinion i 1' this matter to refresh recollection and that at the mee t:i il g of September 8 you consider the appropriate days The Dart Board will serve its penalty. By this time, the fifteen days for appeal should be up. If I can be of further assistance, b b cc: Andy McCow n, City Ma nager Attachment • 7G I . - • • • • IN THE CITY OF ENGLEWOOD STATE OF COLORADO IN RE: THE TAVERN LICENSE OF JOHN W'S INC., a Colorado corporation, d/b/a THE DART BOARD. FINDINGS, CONCLUSION AND ORDER OF SUSPENSION On July 3, 1980, the City Council, sitting as the local licensing authority, upon notice to the licensee, Jerry L. Feather, doing business as The Dart Board, heard testimony relating to alleged violations of the Colorado Liquor Code and Rules and Regulations promulgated by the Executive Director of the Department of Revenue. All of said charges related to the sale, service and distribution of alcoholic beverages after hours, the consumption of alcoholic beverages during prohibited hours, and failure to allow promptly and without delay peace officers upon the licensed premises. Englewood Police Officers testified generally that at approximately 2:50 A.M. on Tuesday, April 29, 1980, Officer T. M. Bock observed a number of motor vehicles parked near the entrance to The Dart Board, a tavern located at 3467 South Broadway in Englewood, Colorado. He radioed for assistance and Officer Robert Hooker responded to assist in checking the bar for possible liquor violations. • I • - ' • • • • The Officers observed approximately ten to f i fteen patrons s itting at the bar and some were standing nearby playing darts. The Of ficers test i fied that several beer bottles and glasses c ontai ning drinks were on the bar. One patron was seated at the bar drinking directly from a Michelob beer bottle. The evi dence indicated the front door was locke d and t h e Officers, dre ssed in police uniform, began rapping upon the glass door wi th t heir flashlights to be admitted to the premises. The Officers testified that the bartender, Patricia A. Hickel, 1 5 92 Edison Street, Aurora, Colorado, looked at the front door where the Officers were standing then began to remove all bottles and glasses from the bar. Patrons of the bar also began bring- ing bottles and glasses to Ms. Hickel, who then placed them beneath the bar. Wh i le this a ctiv i ty wa s occurrin g , the Of fi cers continued t o rap sharply on the glass door wi th their flashlights and testified t hat they rema ined t h e r e obse rv i n g t he activ ity f o r approximately five minutes until all of t h e glasses and bottles apparently were recovered and removed from the bar and tables, at which time, the door was unlocked nd the Officers admitted to the premises of the tavern. The Officers testified that the conduct of the owner, Jerry L. Feather , was that of a person wh o was extremely nervous and ups t nd mai n tained that the Officers had no lawful busin s upon th pr mis s. T stimony indicated th h Officers told th owner th y h d ob rv d drinking fter hours, but th own r maintain d th t it w s imposaibl for th -2- ··----~- I • • • • • Officers to see through the glass of the front door (see Exhibit C - Officer Hooker's statement}. Both Officers Bock and Hooker admitted upon cross-examination that they did not see the bartender dispense or present any drinks to anyone at the bar , nor did they see any mugs being filled from behind the bar, any bottles being opened, nor any money being exchanged between any of the patrons and the bartender. Testimony from Mr. Feather, the owner of the tavern, indicated a "Dart Tournament" was in progress when the Officers arrived, that no drinks were sold, served or consumed after the prohibited hour of 2:00 A.M. He further stated that since a Dart Tournament was in progress, he was perturbed by the interruption by the Officers. The owner further stated that there were some bottles and glasses on the bar when the Officers entered but the drinks consisted of Cokes, 7-Up's and sodas. Ms. Hickel testified that she was an employee and the bar- tender at the time in question but that no alcoholic beverages were sold, served or distributed after 2:00 A.M. on April 29th. Sh denied that any alcoholic beverages were consumed after 2:00 A.M. and furth r testified that she unlocked the door and allowed the Police Officer ' entry after Mr. Feather stated the police w re at th door. Sh sp cifically denied that a p tron had drunk dir ctly from Michelob bottl as testifi d to by the Offic rs. s v r 1 patrons of Th o rt Bo rd, Mr. Gray Brookfi ld, 5995 w st H mpden Av ., o nv r, Colorado, and Mr. James R. Ali s, -3- • I • • • • • • • 120 9 2 East Third Avenue, Aurora, Colorado, test i fied that they were present in the bar at the time the Of f ice rs arrived, they were not sold, nor did th ey r e ce i ve or consume , any alcoholic bever~ges after 2:00A.M., nor did they s ee a n y ~ther patron of t h e bar receive, pay for, or consume any alcoholic beverages during that time. FINDINGS OF FACT AND CONCLUSION The Council finds that there is insufficient evidence to support the charge that the licensee violated 12-47-128(5) Cc)(I), i.e ., the sale, service or distribution of alcoholic beverages by the drink after the hour of 2:00 A.M. Council finds from the evidence that consumption of an alcoh olic beverage (beer) by a patron of the bar occurred at approx i mate l y 3:00 A.M. on April 29, 1980 i n v i olation of Re g ulation 4 7 -1 28 .2 (E xhibi t G). Council f u rther fi nds t hat at app roximately 2:5 0 A.M. on Ap ril 2 9 , 1980 , the tavern premises we r e locked a n d the En glewood P ollee Of ficers we r e not p e rmitted t o enter until bottles and glass s c ontaining b e verage s were r e move d by t h e b ar t e nder , own er an d pa trons. Th e said d elay was i nte nt i on al a nd i n v i ola t i on o f R gul t ion 47-109.1 (Exhibit E ). -4 - I • • , • • • • NOW, THEREFORE, the City Council of the City of Englewood, as the local licensing authority, hereby orders and directs that the tavern license of John W's Inc., d/b/a ~he Dart Board, shall be and is hereby suspended for a period of five (5) successive days, said days being as follows: August 'Jr 7, 8, 9 and 10, 1980. That John W's Inc., d/b/a The Dart Board, and Jerry L. Feather, the owner and manager thereof, are hereby ordered and directed to post two (2) notices in conspicuous places, one on the exterior and one on the interior of his premises for the duration of the suspension. The notices shall be two feet in length and fourteen inches in width and shall be in the follow- ing form: NOTICE OF SUSPENSION ALCOHOLIC BEVERAGE LICENSES ISSUED For These Premises Have Been Suspended by Order of CITY COUNCIL OF THE CITY OF ENGLEWOOD AS THE LOCAL LICENSING AUTHORITY For Violation of the COLORADO LIQUOR CODE Said lie nsee is advised that advertising or posting signs to the effect that the premises have been closed or business suspended for any reason other than hy order of the Local Licensing Authority suspending liquor beverage license shall be deemed a violation of Regulation 4 7-110.1 , Colorado Liquor Code. -s- • I • • - \ • • ,. • ADOPTED AND APPROVED this 21st day of July, 1980. Mayor Attest: ex off1cio C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of FINDINGS, CONCLUSION AND ORDER OF SUSPENSION in the matter of the Tavern License of John W's Inc., a Colorado corporation, d/b/a The Dart Board. Gary R. Higbee -6- • I • • - • • • • MEMO TO: Mayor Otis and Members of City Council FROM: Rick DeWitt, City Attorney DATE: August 28, 1981 RE: The Dart Board Appeal Judge Steinhardt of the Arapahoe County District Court, on August 1, 1981, upheld the City Council's decision to suspend The Dart Board's authority to distribute alcoholic beverages for a five-day period of time. The District Court's Order is automatically stayed for a fifteen-day period to allow for appeal by The Dart Board. I have discussed with the attorney for The Dart Board the possiblity of appeal. He has indicated there is a good possibility in that the five-day suspension will interfere with his "dart season" It will be necessary for Council to establish the five-day period of time during which the penalty shall be served. _jl_ su est that the Council review its o inion in this matter o refresh reco ect~on ana t at at t e meet~ng of September 8 you consider the appropriate days The Dart Board will serve its penalty. By this time, the fifteen days for appeal should be up. If I c an be of further mit ted, bb cc: Andy McCow n , City Ma nager Attachment • 7& I - • • • • IN THE CITY OF ENGLEWOOD STATE OF COLORADO IN RE': THE TAVERN LICENSE OF JOHN W'S INC., a Colorado corporation, d/b/a THE DART BOARD . FINDINGS, CONCLUSI ON AND ORDER OF SUSPENSION On July 3, 1980, the City Council, sitting as the local licensing authority, upon notice to the licensee, Jerry L. Feather, doing business as The Dart Board, heard testimony . relating to alleged violations of the Colorado Liquor Code and Rules and Regulations promulgated by the Executive Director of the Department of Revenue. All of said charges related to the sale, service and distribution of alcoholic beverages after hours, the consumption of alcoholic beverages during prohibited hours, and failure to allow promptly and without delay peace officers upon the licensed premises. Englewood Police Officers testified generally that at approximately 2:50A.M. on Tuesday, April 29, 1980, Officer T. M. Bock observed a number of motor vehicles parked near the entrance to The Dart Board, a t vern located at 3467 South Broadway in Englewood, Colorado. He radioed for assistance and Officer Robert Hooker responded to assist in checking the bar for possible liquor violations. • I • • • • • • The Officers observed approximately ten to fifteen patrons sitting at the bar and some were standing nearby playing darts. The Officers testified that several beer bottles and glasses containing drinks were on the bar. One patron was seated at the bar drinking directly from a Michelob beer bottle. The evidence indicated the front door was locked and the Officers, dressed in police uniform, began rapping upon the glass door with their flashlights to be admitted to the premises. The Officers testified that the bartender, Patricia A. Hickel, 1592 Edison Street, Aurora, Colorado, looked a~ the front door where the Officers were standing then began to remove all bottles and glasses from the bar. Patrons of the bar also began bring- ing bottles and glasses to Ms. Hickel, who then placed them beneath the bar. While this activity was occurring, the Officers continued to rap sharply on the glass door with their flashlights and testified that they remained there observing the activity for approximately five minutes until all of the glasses and bottles apparently were recovered and removed from the bar and tables, at which time, the door was unlocked and the Officers admitted to the premises of the tavern. The Officers testified that the conduct of the owner, Jerry L. Feather, was that of a person who wa s extremely nervous and upset and maintained that the Officers had no lawful business upon the premises. Testimony indicated that th Officers told the owner they had observed drinking after hours, but th owner maintained that it was impossible for the -2- I • - • • • • Officers to see through the glass of the front door (see Exhibit C - Officer Hooker's statementl. Both Officers Bock and Hooker admitted upon cross-examination that they did not see the bartender dispense or present any drinks to anyone at the bar, nor did they see any mugs being filled from behind the bar, any bottles being opened, nor any money being exchanged between any of the patrons and the bartender. Testimony from Mr. Feather, the owner of the tavern, indicated a "Dart Tournament" was in progress when the Officers arrived, that no drinks were sold, served or consumed after the prohibited hour of 2:00A.M. He further stated that since a Dart Tournament was in progress, he was perturbed by the interruption by the Officers. The owner further stated that there were some bottles and glasses on the bar when the Officers entered but the drinks consisted of Cokes, 7-Up's and sodas. Ms. Hickel testified that she was an employee and the bar- tender at the time in question but that no alcoholic beverages were sold, served or distributed after 2:00 A.M. on April 29th. She denied that any alcoholic beverages were consumed after 2:00 A.M. and further testified that she unlocked the door and allowed the Police Officers' entry after Mr. Feather stated the police were at the door. She specifically denied that a patron had drunk dir ctly from a Michelob bottle as testified to by the Officers. Sev ral p trons of The Dart Board, Mr. Gray Brookfield, 5995 West H mpd nAve., Denver, Colorado, and Mr. James R. Alias, -3- • I • • - • • • • 1209 2 East Third Avenue, Aurora, Colorado, testified that they we re present in the bar at the time the Officers arrived, they were no t sold, nor did the y receive or consume , a n y alcoholic b e ver~ges after 2 :00A.M., nor did they s ee a ny ~th e r patron of the bar receive, pay for, or consume any alcoholic beverages dur ing that time . FINDINGS OF FACT AND CONCLUSION The Council f inds that there is insufficient evidence to support the charge t hat the licensee violated 12-47-128(5) (c)(I), i.e., the sale, service or distribution of alcoholic beverages by the drink after the hour of 2:00A.M. Council finds from the evidence that consumption of an al c oholic b e verage (bee r) by a patron of the bar occurred at a pproximately 3:00 A.M . o n April 29, 1980 i n v i olation of Regulation 4 7-1 28 .2 (Exh i b it G). Council f ur ther finds t h at at a p p r o x imately 2 :50 A.M. on April 29, 1980, the tav rn prem~ses were locked and the Englewood Police Offic rs wer not permitted to enter until b ottles a n d gla s ses conta~ning bev rages w re removed by the barten der , o wner and patrons . The said delay was intentional a nd i n v i olation of Regulation 4 7-109.1 (Exhibit E ). -4 - • I • • - • • • • NOW, THEREFORE, the City Council of the City of Englewood, as the local licensing authority, hereby orders and directs that the tavern license of John W's Inc., d/b/a ~he Dart Board, shall be and is hereby suspended for a period of five (5) successive days, said days being as follows: August 1 4 j , 8, 9 and 10, 1980. That John W's Inc., d/b/a The Dart Board, and Jerry L. Feather, the owner and manager thereof, are hereby ordered and directed to post two (2) notices in conspicuous places, one on the exterior and one on the interior of his premises for the duration of the suspension. The notices shall be two feet in length and fourteen inches in width and shall be in the follow- ing form: NOTICE OF SUSPENSION ALCOHOLIC BEVERAGE LICENSES ISSUED For These Premises Have Been Suspended by Order of CITY COUNCIL OF THE CITY OF ENGLEWOOD AS THE LOCAL LICENSING AUTHORITY For Violation of the COLORADO LIQUOR CODE Said licensee is advised that dvertising or posting signs to the effect that the premises have been closed or business suspended for any reason other than by order of the Local Licensing Authority suspending liquor beverage license shall be deemed a violation of Regulation 47-110.1, Colorado Liquor Code. -s- • I • • • • • ADOPTED AND APPROVED this 21st day of July, 1980. 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 FINDINGS, CONCLUSION AND ORDER OF SUSPENSION in the matter of the Tavern License of John W's Inc., a Colorado corporation, d/b/a The Dart Board. Gary R. Higbee -6- I • • • • • • MEMO TO: Mayor Otis and Members of City Council FROM: Rick DeWitt, City Attorney DATE: September 1, 1981 RE: Colorado Springs vs. Water Quality Control Commission, City of Englewood, et al The above matter has been dismissed by the Denver District Court. It is necessary for a written order to be prepared. One is cur- rently being prepared and will be submitted to the various parties of record for their approval and submitted to the Court within thirty days. This was done after the submission of briefs by the City of Englewood as well as various other .interested parties. The judge heard the matter on Colorado Springs' request for Temporary Restraining Order on August 28 and, at that time, the judge set for hearing the Motions to Dismiss of Defendants. An August 31st hearing was held concerning these Motions to Dismiss, and at that time,the judge issued an oral order dismissing the action and indicating that it would be effective upon the signa- ture of the written order. I do not know what steps the City of Colorado Springs will take, whether they will file an action in Federal District Court or, in the alternative, appeal the Denver District Court ruling. I will keep you advised. submitted bb D I • • - • • • • MEMO TO: Mayor Otis and Members of City Council FROM: Rick DeWitt, City Attorney DATE: September l, 1981 RE: Colorado Springs vs. Water Quality Control Commission, City of Englewood, et al The above matter has been dismissed by the Denver District Court. It is necessary for a written order to be prepared. One is cur- rently being prepared and will be submitted to the various parties of record for their approval and submitted to the Court within thirty days. This was done after the submission of briefs by the City of Englewood as well as various other .interested parties. The judge heard the matter on Colorado Springs' request for Temporary Restraining Order on August 28 and, at that time, the judge set for hearing the Motions to Dismiss of Defendants. An August 31st hearing was held concerning these Motions to Dismiss, and at that time,the judge issued an oral order dismissing the action and indicating that it would be effective upon the signa- ture of the written order. I do not know what steps the City of Colorado Springs will take, whether they will file an action in Federal District Court or, in the alternative, appeal the Denver District Court ruling. I will keep you advised. submitted bb 0 I . • • • MEMO TO: Mayor Otis and Members of City Council FROM: Rick DeWitt, City Attorney DATE: September 1, 1981 RE: Colorado Springs vs. Water Quality Control Commission, City of Englewood, et al The above matter has been dismissed by the Denver District Court. It is necessary for a written order to be prepared. One is cur- rently being prepared and will be submitted to the various parties of record for their approval and submitted to the Court within thirty days. This was done after the submission of briefs by the City of Englewood as well as various other .interested parties. The j udge heard the matter on Colorado Springs' request for Temporary Restraining Order on August 28 and, at that time, the judge set for hearing the Motions to Dismiss of Defendants. An August 31st hearing was held concerning these Motions to Dismiss, and at that time,the judge issued an oral order dismissing the action and indicating that it would be effective upon the signa- ture of the written order. I do not know what steps the City of Colorado Springs will take, whether they will file an action in Federal District Court or, in the alternative, appeal the Denver District Court ruling. I will keep you advised . submitted bb • 0 • - • • • • 71 MEMO TO: Mayor Otis a nd Memb ers of Ci t y Council FROM: Ri ck DeW i t t , City Attorney DATE: September 2, 1981 RE: Notice of Termination o f Encroachment The Council has recently adopted a policy of having encroachments dealt with on an administrative level. This is an unusual situa- tion in that rather than the granting of an encroachment, this is the acceptance of a termination of an encroachment by a land owner. In 1965, an encroachment was granted to property owner in the vicinity of West Mansfield Avenue, South Mariposa Street and South Santa Fe Lane. The necessity of this encroachment was that his home was built on public right-of-way. Since that time, the house has been demolished and the property is currently being sold for commercial uses. In order to clear the title, it is necessary to have the encroachment terminated. There is some confusion on the part of the title company because of this encroachment. I think it would be of benefit to a resident of the City o! Englewood to accept the Notice of Termination and terminate the encroachment. I have prepared the necessary form for this and ask that it b~ a matter of course. ~Respectfully bb Attachm nt • 0 I . • • • • NOTICE OF TERMINATION OF ENCROACHMENT WHEREAS, City of Englewood granted to property owner, pursuant to agreement dated April 14, 1965, recorded in Book 1631 at page 523 of the records of the Clerk and Recorder of Arapahoe County, an encroachment into public right-of-way in the 1300 Block West Mans fi eld Avenue, 3900 Block South Mariposa Street, and 3900 Block South Santa Fe Lane within the City of Englewood, State of Colorado; and WHEREAS, it is the desire of the assignee of the grantee of said encroachment to terminate said encroachment. NOW, THEREFORE, notice is given to the City of Englewood, State of Colorado, that the following encroachment into the public right-of-way is terminated by the assignee of the grantee. The following property is released from said encroachment: Encroachment of 2.5 foot x 16.1 foot portion of existing residence on North property line in West Mansfield Avenue R/W and encroachment of 3 foot x 19 foot portion of existing residence on East property line in South Mariposa Street R/W, and encroachment 1.8 feet of a portion of a wall on the West property line along South Santa Fe Lane R/W, legally described as: Lots 45, 56, 47, 48, Block 33, Logandale Addition known as 3901 South Mariposa Street, Englewood, Arapahoe County, Colorado. Date~._,?~)' 2-, 1981. ~~~{ 'if ... "< t~ .... c-- ACCEPTANCE OF NOTICE OF TERMINATION OF ENCROACHMENT The City Council, at meeting duly called and proper notice given, approves the foregoing termination of encroachment. Attest: ex officio City Clerk-Tr asurer CITY OF ENGLEWOOD, COLORADO By __ ~~~~-,~~-u~~----Eugene L. Ot~s, Mayor • 0 I • - • STATE OF COLORADO COUNTY OF ARAPAHOE ss. • • • The foregoing Release was acknowledged before me by Euge ne L. Otis and Gary R. Higbee, Mayor and ex officio City Clerk-Treasurer of the City of Englewood, r espectively, this ________ day of 1981. Witness my hand and official seal. Notary Public My Commission expire s ----------------------------- • 0 I • • • • • MEMO TO: Mayor Otis and Members of City Council FROM: Rick DeWitt, City Attorney DATE: September 2, 1981 RE: Notice of Termination of Encroachment The Council has recently adopted a policy of having encroachments dealt with on an administrative level. This is an unusual situa- tion in that rather than the granting of an encroachment, this is the acceptance of a termination of an encroachment by a land owner. In 1965, an encroachment was granted to property owner in the vicinity of West Mansfield Avenue, South Mariposa Street and South Santa Fe Lane. The necessity of this encroachment was that his home was built on public right-of-way. Since that time, the house has been demolished and the property is currently being sold for commercial uses. In order to clear the title, it is necessary to have the encroachment terminated. There is some confusion on the part of the title company because of this encroachment. I think it would be of benefit to a resident of the City of Englewood to accept the Notice of Termination and terminate the encroachment. I have prepared the necessary form for this and ask that it be a matter of course. bb Atta c hment • 0 I • • I ; • • • NOTICE OF TERMINATION OF ENCROACHMENT WHEREAS, City of Englewood granted to property owner, pursuant to agreement dated April 14, 1965, recorded in Book 1631 at page 523 of the records of the Clerk and Recorder of Arapahoe County, an encroachment into public right-of-way in the 1300 Block West Mansfield Avenue, 3900 Block South M.ariposa Street, and 3900 Block South Santa Fe Lane within the City of Englewood, State of Colorado; and WHEREAS, it is the desire of the assignee of the grantee of said encroachment to terminate said encroachment. NOW, THEREFORE, notice is given to the City of Englewood, State of Colorado, that the following encroachment into the public right-of-way is terminated by the assignee of the grantee. The following property is released from said encroachment: Encroachment of 2.5 foot x 16.1 foot portion of existing residence on North property line in West Mansfield Avenue R/W and encroachment of 3 foot x 19 foot portion of existing residence on East property line in South Mariposa Street R/W, and encroachment 1.8 feet of a portion of a wall on the West property line along South Santa Fe Lane R/W, legally described as: Lots 4 5 , 5 6, 47, 48, Block 33, Logandale Add i t i on known as 3901 South Maripo s a Street, Englewood, Ara pahoe County, Colorado. D a ted"-""'~)' ,__ , 1981. / ,-,/ ....-~2<&e<n·,*'Wtifi ~f ull a uthority to act for a nd i n be h a l f of assign ee and grantee of encro c h ment ACCEPTANCE OF NOTICE OF TERM INATION OF ENCROAC HMEN T Th City Council, at m eting d u ly call d giv n, approv es th foregoing termination of nd proper notice n croachmen t . Att st: e x o CITY OF ENGL EWOOD, COLO RADO By __ ~~~~~~~~~~--.--Eug n e L. Otl•, Ma yor • 0 I • - • • STATE OF COLORADO COUNTY OF ARAPAHOE ss. • • • The foregoing Release was acknowledged before me by Eugene L. Otis and Gary R. Higbee, Mayor and ex officio City Clerk-Treasurer of the City of Englewood, respectively, this day of 1981. ------- Witness my hand and official seal. Notary Public My Commission expires ----------------------------- I • • - • • • • C 0 U N C I L C 0 M M U N I C A T I Q N DATE september 1,1981 AGENDA ITEM ~A SUBJECT PROGRAM 1981 INITIATED BY /\CTI ON PR QP nSED Award of Constructj on Contract for Oyerl ay Program 1981 BACKGROUND Overlay Program 1981 consists of numerous streets throughout the City (! 30 blocks) that are in need of an Asphaltic Concrete Overlay at this time. All of the proposed streets have been previously constructed to City Standards in various Paving Improve- ment Districts. FINANCIAL S242,489.0D has been appropr i ated for the 1981 Overlay Program. The following is a breakdo wn of estimated expenditures and funding: Available Funding ---~~----------------------------------------------$242,489.00 Estim ated Expendit ures : Overlay of S. University by Denver Engineering Ser vices (inspection) Dynaflect testing by Pavement Mgmt. SysteNS Overflex for crack pouring Petromat Construction (per bid) Total Estimated Expenditures $ 20,000.00 2,000.00 10,300.00 4,000.00 5,000.00 1651950 • 15 207,250.15 Unencumbered Fund Balance----------------------------------------$ 35,238.85 RECO MM NDATION Seven bfds were received for the construction of Overlay Program lg81 as follows: Siegrist Construction Comp ny RKS Industries 0 kolios Construction, Inc . Asphalt Paving Company Western Paving Bituminous Road ways of Colo., Inc . Titan Sand and Gr vel, Inc • $194,368.78 190,973.55 188,810.55 183,318.15 178,404.64 175,531.09 165,950.15 • I . • • • • • -2- The Engineer's estimate was--------------$217,790.00 We recommend that the construction of Overlay Program 1981 be awarded to the low bidder, Titan Sand and Gravel, Inc., in the amount of $165,950.15. Although Titan Sand and Gravel, Inc. is a long-established corporation, we have not had any direct experience with them. We have verified their references, and they do appear to be well-qualified to handle our project and did receive excellent recom- mendations from previous employers. Their latest work experience, on a project similar in nature to ours, was the Greenwood Village City-Wide Overlay Program. Harold Tousignaut, Greenwood Village City Manager, gives them an excellent recom- mendation on their $250,000 + overlay project. The slowdown in private development work over the past months has again created increased interest in projects such as ours, and resulted in very low and competi- tive bid prices. Therefore, we would recommend that we be allowed to add additional streets, which are also in need of overlay, to this project. By doing so, we can take maximum advantage of these excellent prices and remain within our PIF budget. RAK /GD/ld o 9-l -~ --------------------------· • I .