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HomeMy WebLinkAbout1980-01-21 (Regular) Meeting Agenda-• • • City Council Meeting -Regular January 21, 1980 ___ _.;.) 0 - • • • • • • CITY COUNCIL MEETING January 21, 1980 Resolution I/. ,Z, 3, 4, 5, Ordinance 1/2, 3, 4, 5, • 0 0 I . - ~ • • • 1:J!: ~.M. 1. ~'"ft£ 2. ~ 3. 4 . 5 . • • • AGENDA FOR THE REGULAR MEE~ING OF THE ENGLEWOOD CITY COUNCIL JANUARY 21, 1980 Call to order, invocation by The Reverend T. J. Kelly, Saint Louis Catholic Church, 3310 South Sherman Street, pledge of allegiance by Cadet Senior Troop #765 of the Girl Scouts of America, and roll call. Minutes. (a) Minutes of the regular meeting of January 7, 1980. (Copies enclosed.) Pre-Scheduled Visitors. (a) Mr. Ken Haraldsen, 3018 South Washington Street, will be present to discuss the frozen water main issue and will present a proposal. Other Visitors. Public Hearing . Communications -No Action Recommended. (a) Minutes of the Planning and Zoning Commission meeting of December 4, 1979. (Copies enclosed.) (b) Minutes of the Board of Adjustment and Appeals meeting of December 12, 1979. (Copies enclosed.) I • - .P ~ • • • Page 2 January 21, 1980 Agenda 5. Communications-No Action Recommended (Continued). (c) (d) (e) (f) (g) (h) Minutes of the Denver Regional Council of Governments meeting of December 19, 1979. (Copies enclosed.) Minutes of the Public Library Board meeting of January 8, 1980 . (Copies enclosed.) Minutes of the Water and Sewer Board meeting of January 8, 1980. (Copies enclosed.) Minutes of the Downtown Development Authority meeting of January 9, 1980. (Copies enclosed.) Municipal Court Activity Report for the month of December, 1979 with total annual figures. (Copies enclosed .) Memorandum from the Director of Libraries to the City Manager concerning the resignation of Mr. Paul Busch from the Public Library Board. (Copies enclosed.) 6. Communications -Action Recommended. (a) Request for an annual renewal of a hotel/ restaurant license for Fratelli's Pizza, 1200 East Hampden Avenue. (Copies enclosed.) ~(b) ~(c) ~d. Recommendation from the Public Library Board meeting of January 8, 1980 concerning an appointment to the Public Library Board. (Copies enclosed.) Recommendation from the Water and Sewer Board meeting of January 8, 1980 concerning approval of annexation of additional land into Valley Sanitation District service area . (Copies enclosed.) (d) • • Recommendation from the Water and Sewer Board meeting of January 8, 1980 concerning approval of annexation of additional land into Southgate Sanitation District service area. (Copies enclosed.) Recommendation from the Planning and Zoning Commission meeting of September 26, 1979 con- cerning the vacation of the Acoma/Bannock alley located north of Jefferson Avenue. (Copies enclosed .) - I • • - • • • • • Page 3 January 21, 1980 Agenda 6. Communications-Action Recommended (Continued). Council Communication concerning review and approval of the Downtown Development Authority's 1980 budget and approval of the Executive Director's contract . (Copies enclosed.) Council Communication from the City Manager concerning the NLC Congressional-City Confer- ence. (Copies enclosed.) Memorandum from the Municipal Court Judge to Hayor and City Council concerning an appointment of Associate Judge. (Copies enclosed .) Attorney. Ordinance on Final Reading. (a) Ordinance approving an agreement for library services between the Arapahoe Regional Library District and City of Englewood and declaring an emergency. (Copies enclosed .) Resolution. (b) Resolution authorizing the City of Englewood to join with the American Water Works Association in a judicial clarification of the Environmental Protection Agency's regulation relating to a maximum contaminant level for total trihalomethanes (TTHM) in drinking water. (Resolution and Memor a ndum from Director of Utilities enclosed .) Other Hatters. (c) Memorandum from City Attorney to Mayor and ~ Members of City Council concerning a Lease ~I n$ ~ , Extension Agreement with Continental National ~ Bank and Western Property Management Company . ? (Copies enclosed.) 0 (d) Opinion concerning authority of City Council, · ~-L staff, and Election CoUIIIission to authorize ~US or order a recount of municipal elections . ~ JU ~ (Copies to be transmitted at meeting .) I' {)JP!.Jr tfo ~'\}.-~(e) Attorney's Choice. ~~ • • I • - • • • • • Page 4 January 21, 1980 Agenda 8. City Manager. Transmittal of the 1980 Budget. (Transmitted January 14, 1980.) Memorandum from the Director of Finance and the Fire Chief to the City Manager concerning the bid for the mini-pumper. (Copies enclosed.) Memorandum from the Director of Engineering Services to the City Manager concerning streets and cost estimates for Paving District #27. (Copies enclosed.) /itLi. (d) Memorandum from the Director of Engineering ~a Services to the City Manager concerning the _ .. ~f~. t ~~ &n~~ward of bid for filtration plant north basin ~~ storm sewer project. (Copies enclosed.) • (e) Memorandum from the City Manager concerning the Six Quarter Budget from January, 1980 to June, 1981. (Memorandum and Resolution enclosed.) (f) Manager's Choice. 9. General Discussion. (a) Mayor's Choice. (b) Council Member's Choice. (i) Council Communication concerning appointments to Building Code Review Committee. (Copies enclosed.) I • - • • , • • • • lb COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 21 , 1980 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on January 21, 1980, at 7 :30p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend T. J. Kelly, Saint Louis Catholic Church, 3310 South Sherman Street. The pledge of allegiance was led by Cadet Senior Troop 1765 of the Girl Scouts of America. 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 Curnes City Attorney Berardini Director of Engineering Services Diede Fire Chief Beeson Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BILO MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 7, 1980. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * • I • - • • January 21, 1980 Page 2 • • • Pre-scheduled visitor , Mr. Ke n Ha raldsen, 3018 South Washington Street , was present and discuss e d his proposal that the City of Englewood tak e f ull re s p onsib i lity for all water mains within th e City. Mr. Haraldsen also discussed deleting the cat law from the animal ordinance. Mr. Haraldsen stated he thought inadequate facilities existed at the shelter to care for the cats; and he thought it would be embarrassing for people to take their neigh- bors' cats to the shelter on the grounds that the cats were a nui-sance. City Manager McCown responded that Council had directed the City to take over the water lines and have provided to do so with personnel and equipment. Also, cat cages have been ordered by the police department to help enforce the cat law under the animal ordinance. * * * * * * Mayor Otis asked if there were any other visitors in the audience wishing to speak to Council at this time. Mrs. Beverlee Howe, 3255 South Delaware, appeared before Council. Mrs. Howe expressed her concerns on allowing citizens to trap cats. Mrs. Howe feared people who disliked cats would take advantage of the availability of traps and many captured cats would never get taken to the shelter for reclaim by the owner. City Manager McCown stated the City would control handl-ing the distribution of cat traps. Council discussed the cat law at length with Mrs. Howe. Mayor Otis assured Mrs. Howe the new law would not be a license to trap cats. Council granted Mr. Hara l dsen's request to appear again before Council. Mr. Haraldsen's express e d concerns regarding how assessment of fines were going to be handled if the captured cats were proven to be strays. Council Member Bilo it was a new law for the protection of cat owners as well as a law to help people who view stray cats as a nuisance. Council Member Higday stated the law may be revis e d; but the citizens should first see if it will work • * * * * * * Mr. Joe Zylstra, 4941 South Clarkson Street, appeared before Council and expressed his disappointment over the selection I • - • • , • • • • January 21, 1980 Page 3 of a firm to perform the City Survey. Mr. Zylstra stated he had wanted a chance to offer a proposal and his firm had not been asked to submit one. Mayor Otis stated the process was an administrative one and asked Mr. McCown to explain the process. Mr. Zylstra stated it had already been explained to him. He only wanted to voice his concerns. Council Member Higday stated he understood no one on the City staff knew Mr. Zylstra was in the business of surveying. Mr. Higday suggested that Mr. Zylstra write a letter to the City informing the staff of his firm and what kind of business they would be interested in performing for the City. City Manager McCown stated Council had the authority to determine whether this selection procedure was satisfactory or unsatisfactory and could order the selection process to be done differently. Council Member Neal stated Council could not direct a change of action in this particular case; however, they would be alert to the procedure in the future. In response to Council Member Bilo's question, City Manager McCown there would be no guarantee that Mr. Zylstra's firm would have been chosen if he had been contacted. Mr. McCown stated factors other than cost are taken into considera- tion. Council Member Higday stated Council had no authority to change the selection at this time; however, he encouraged Mr. Zylstra to get his name on record with the City and on future- related projects, his firm would be considered. Council Member Bilo agreed with Mr. Higday's statement. were: * * * * * * There were no other visitors to be heard at this time. * * * * * * "Communications -No Action Reconunended" on the agenda (a) (b) Minutes of the Planning and Zoning Commission meeting of December 4, 1979. Minutes of the Board of Adjustment and Appeals meeting of December 12, 1979 • • I • - 0 • • January 21, 1980 Page 4 (c) (d) (e) (f) (g) (h) • • • Minutes of the Denver Regional Council of Governments meeting of December 19, 1979. Minutes of the Public Library Board meeting of January 8, 1980. Minutes of the Water and Sewer Board meeting of January 8, 1980. Minutes of the Downtown Development Authority meeting of January 9, 1980. Municipal Court Activity Report for the month of December, 1979 with total annual figures. Memorandum from the Director of Libraries to the City Manager concerning the resignation of Mr. Paul Busch from the Public Library Board. Council instructed Mr. McCown to write a letter to Mr. Busch expressing their appreciation for the work he had done on the Public Library Board. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE "COMMUNICATIONS -NO ACTION RECOMMENDED". Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a request for an annual renewal of a hotel/restaurant license for Fratelli's Pizza, 1200 East Hampden Avenue. COUNCIL MEMBER KEENA MOVED TO GRANT THE REQUEST FOR AN ANNUAL RENEWAL OF A HOTEL/RESTAURANT LICENSE FOR FRATELLI'S PIZZA, 1200 East Hampden Avenue. Council Member Higday seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • - • • January 21, 1980 Page 5 Nays: None. • • • The Mayor declared the motion carried. * * * * * * Mayor Otis presented a recommendation from the Public Library Board of January 8, 1980, concerning a Council Member appointment to the Board. Mayor Otis noted it was Council's option to make such an appointment. COUNCIL MEMBER NEAL MOVED TO POSTPONE CONSIDERATION OF AN APPOINTMENT OF A COUNCIL MEMBER TO THE PUBLIC LIBRARY BOARD UNTIL COUNCIL HAS INTERVIEWED CITIZEN CANDIDATES AND HAS HAD A CHANCE TO DISCUSS WHO COUNCIL MIGHT WANT TO PUT ON THE BOARD. Council Member Higday seconded. Council Member Keena stated she had talked with Lois Sterling and assured Mrs. Sterling that she (Ms. Keena) would attend the Board's meeting on February 5th and until Council has had time to interview the candidates. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Assistant City Manager Curnes presented the recommenda- tion from the Water and Sewer Board meeting of January 8, 1980, concerning approval of annexation of additional land into the Valley Sanitation District service area. Mr. Curnes stated the Board recommended that Council approve Supplement 11 to Valley Sanitation District subject to receipt of a letter from Valley Sanitation District that acknowledges understanding by the Dis- trict that no additional taps will be granted under the tap al- location formula because of the additional land added to the Dis- trict under this a,nd future supplements. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE ADDITIONAL LAND TO THE VALLEY SANITATION SERVICE AREA WITH THE STIPULATION THAT NO ADDITIONAL TAP ALLOCATIONS WOULD BE GIVEN. Council Mem- ber Bradshaw seconded the motion. Council Member Higday asked Mr. Curnes how the motion would affect the capacity capability of the plant • • I • - • January 21 , 1980 Page 6 • • • Mr. Curn e s replied the tap allocation program adopted by the Council in Novemb e r, 1979, indicated there was capacity to add to the plant at a specified rate. Under the allocation program, each of the sanitation districts served by Englewood was allocated a certain number of taps and the addition of this annexation of land to the Valley Sanitation District was with the understanding that with the additional land they would not add more taps unless allocated under the previous ordinance of Coun- cil. Mr. Curnes stated the districts were willing to acknowledge this policy with a letter. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Assistant City Manager Curnes presented the recommenda- tion from the Water and Sewer Board meeting of January 8, 1980, concerning approval of annexation of additional land into South- gate Sanitation District service area. Mr. Curnes stated the Board recommended approval to annex Supplement 70 to Southgate Sanitation District. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE ANNEXATION OF ADDITIONAL LAND INTO SOUTHGATE SANITATION SERVICE AREA WITH THE STIPULATION THAT NO ALLOCATION OF FURTHER TAPS WOULD BE GIVEN. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a recommendation from the Plan- ning and Zoning Commission meeting of September 26, 1979, con- cern ing the vacation of the Acoma/Bannock alley located north of Jefferson Avenue • I • • - ( • • January 21, 1980 Page 7 • • • COUNCIL MEMBER BILO MOVED TO APPROVE THE VACATION OF ACOMA/BANNOCK ALLEY BETWEEN WEST JEFFERSON AVENUE AND THE CITY CITY DITCH WITH AN EASEMENT OF 16 FEET TO BE REQUIRED FOR THE EXISTING SEWER LINE PLUS THE RIGHT OF INGRESS AND EGRESS ACROSS THE PROPERTY. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Neal , Fitzpatrick, Keena, Bilo , Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. COUNCIL MEMBER FITZPATRICK MOVED TO BRING FORTH THE BILL FOR AN ORDIANCE CONCERNING THE AFOREMENTIONED MOTION BY COUNCIL MEMBER BILO. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw , Otis. None. The Mayor declared the motion carried. City Attorney Berardini noted Council Member Bilo's motion regarding the 16 foot right-of-way/easement should be reflected in Section 4 of the bill. ORDINANCE NO. SERIES OF 1980-- BY AUTHORITY A BILL FOR COUNCIL BILL NO. 3 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE VACATING A CERTAIN ALLEY LYING BETWEEN SOUTH ACOMA AND SOUTH BANNOCK STREETS , NORTH OF WEST JEFFERSON AVENUE AND RETAINING AN EASEMENT THEREIN. COUNCIL MEMBER BILO MOVED THAT THE TERMINOLOGY BE CHANGED IN SECTION 4 , SECOND LINE, STRIKING THE FIRST WORD "THE" AND INSERTING "16 FOOT". Council Member Keena seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal , Fitzpatrick, Keena, Bilo, Bradshaw, Otis • I . • - • January 21, 1980 Page 8 Nays : None. • • • The Mayor declared the motion carried. Council Member Higday stated he had reservations on passing the ordinance considering the fact the parcel of land that is presently next to it was vacated a short time ago to the same party and this would give that party another 16 foot of land. Considering the price of property today, Council may be causing the City problems in the future. Council Member Fitzpatrick stated he did not want to give away land unnecessarily. Council requested Mr. William Davis, 105 W. Jefferson Avenue, to appear before Council. In response to Council's ques- tions, Mr. Davis stated he and his neighbor Mr. Neil Marcus were interested in developing the property into professional building of some sort. Mr. Davis recognized that the property owner would incur the cost of moving the sewer line. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 3, SERIES OF 1980, ON FIRST READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council communication concern- ing review and approval of the Downtown Development Authority's 1980 budget and approval of the Executive Director's contract, COUNCIL MEMBER NEAL MOVED TO APPROVE THE EXECUTIVE DIRECTOR'S CONTRACT AND THE EDDA BUDGET FOR 1980. Council Mem-ber Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO TABLE THE MOTION UNTIL COUNCIL CAN DISCUSS IT IN A STUDY SESSION. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • - ( t l • Janaury 21, 1980 Page 9 Nays: None. • • • The Mayor declared the motion carried. Council designated February 4th for the study session and to have Mr. James Keller, Executive Director of EDDA, present. * * * * * * Mayor Otis presented a Council communication from the City Manager concerning the NLC Congressional-City Conference in Washington, D.C., March 16-18, 1980. COUNCIL MEMBER KEENA MOVED THAT THIS ITEM BE DELAY UN- TIL AFTER RECESS. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Council granted permission for Mr. Fred Kaufman, Board member of the EDDA, to come forward. Mr. Fred Kaufman , 2800 South University, stated he would be glad to answer any questions Council may have concerning the EDDA's 1980 budget and invited Council to attend their meetings. Council Member Keena noted there were some timing con- flicts with some members of Council since the EDDA either met in the mornings or during lunch. * * * * * * Mayor Otis presented a memorandum from the Municipal Court Judge concerning an appointment of Association Judge. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE MEMORANDUM DATED JANUARY 10, 1980, FROM LOUIS PARKINSON REGARDING THE AP- POINTMENT OF ASSOCIATE JUDGE GERALDINE ALLEN. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • - • • • January 21, 1980 Page 10 Nays: None. • • • The Mayor declared the motion carried. City Attorney Berardini stated he would write a resolu- tion for Council consideration confirming the appointment. * * * * * * Mayor Otis declared a recess at 9 :10p.m. The Council reconvened at 9:25 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members, Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Mayor Otis asked for designatees to the NLC Con- gressional-City Conference. COUNCIL MEMBER BILO MOVED THAT COUNCIL MEMBERS HIGDAY, NEAL, AND MAYOR PRO TEM BRADSHAW, AND CITY MANAGER MCCOWN ATTEND THE NATIONAL LEAGUE OF CITIES CONGRESSIONAL-CITY CONFERENCE. Coun- cil Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Higday, Neal , Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 1 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 1 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN ARAPAHOE REGIONAL LIBRARY DISTRICT AND CITY OF ENGLEWOOD AND DECLARING AN EMERGENCY • I • - ( • • (( • January 21, 1980 Page ll • • • COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. l, SERIES OF 1980, ON FINAL READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. l SERIES OF 1980 * * * * * * A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD TO JOIN WITH THE AMERICAN WATER WORKS ASSOCIATION IN A JUDICIAL CLARIFICATION OF THE ENVIRONMENTAL PROTECTION AGENCY'S REGULATION RELATING TO A MAXIMUM CONTAMINANT LEVEL FOR TOTAL TRIHALOMETHANES (TTHM) IN DRINKING WATER. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. l, SERIES OF 1980. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Neal requested the City Attorney and Director of Utilities to forward to Council any pertinent in- formation regarding the suit referenced in Resolution No. l, Series of 1980 • * * * * * * City Attorney Berardini presented a memorandum con- cerning a Lease Extension Agreement with Continental National Bank and Western Property Management Company for a repeater station located on top of the bank commencing January 1, 1980 for five years. Council Members Fitzpatrick and Bilo inquired about the reasons why the rate was increased from $180 to $250 annually. Mr. Berardini stated he did not that information at the pre- sent time • I I • - 0 • • January 21, 1980 Page 12 • • • COUNCIL MEMBER FITZPATRICK MOVED TO POSTPONE THE AGREE- MENT UNTIL THE NEXT REGULAR COUNCIL MEETING FOR INFORMATIONAL PUR- POSES ONLY AS TO WHY THE RISE IN COST. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented an opLnLon from his office concerning the authority of City Council to authorize or order a recount of municipal elections. Mr. Berardini stated the opinion concluded that Council did not have the authority to order a recount of municipal elections. COUNCIL MEMBER FITZPATRICK MOVED THAT THE INFORMATION RECEIVED FROM THE CITY ATTORNEY BE SENT TO MRS. ISABELLA KNIGHT AND TO MRS. BEVERLEE HOWE ALONG WITH A COVER LETTER SIGNED BY THE MAYOR. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE 1980 BUDGET. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. City Manager McCown stated budgets were available in the Director of Finance/City Clerk's office. * * * * * * • I • - ( ( • • ({ • January 21, 1980 Page 13 • • • City Manager McCown presented a memorandum from the Director of Finance and the Fire Chief concerning the bid for the mini-pumper. Mr. McCown stated the actual low b i d in terms of cost was American Fire Equipment for $31 ,471. Other bids were Modular Vehicles -$32,182 ; Emergency I -$34,573; and Sun Fire and Rescue -$40,500. Mr. McCown recommended to make the award to Modular Vehicles for the reasons set out in the memorandum. Mr. McCown stated Fire Chief Beeson as well as a representative from American Fire Equipment were present to answer any questions. Mr. McCown stated the bids were good until January 28, 1980. Fire Chief Beeson appeared before Council and answered questions from Council Members Fitzpatrick and Higday in that he did not know the effect of gas consumption and mileage in going to a larger engine; and this vehicle was similar to those used in surrounding communities. Mr. Beeson stated there were several items in the bid specifications that American Fire Equipment did not answer specifically. Mr. Jim Costello, 938 Elizabeth Street, Denver, repre- sentative from American Fire Equipment, appeared before Council. In response to Council's questions, Mr. Costello stated there was probably miscommunication between his office in Denver and the of- fice that prepared the bid in Kansas City which resulted in not all bid specifications being answered. Mr. Costello stated his company could probably provide those items not addressed in the bid submission. City Manager McCown advised Council against negotiating these items without contacting the other bidders as well. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE BID FROM MODU- LAR VEHICLE FOR THE MINI-PUMPER. Council Member Fitzpatrick sec- onded the motion. Council Member Keena stated she believed in the "Request For Proposal" process, the specifications that were sent out were detailed and specific and it was the obligation of the company to respond to those items exactly as detailed in the "RFP". Upon a call of the roll , the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena , Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • - 0 • January 21, 1980 Page 14 • • • City Manager McCown transmitted a memorandum from the Director of Engineering Services concerning streets and cost esti- mates for Paving District No. 27. Mr. McCown also pointed out the calendar of events regarding this paving district and discussed the procedure through which a district was handled. * * * * * * City Manager McCown presented a memorandum from the Di- rector of Engineering Services concerning the award of bid for the filtration plant north basin storm sewer project and recommended the award be made to Proto Construction. Mr. McCown stated Di- rector Diede was present to answer questions. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE RECOMMENDATION FOR AWARD FOR THE NORTH STORM SEWER PROJECT AS WRITTEN IN AGENDA ITEM 8D. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown made reference to earlier discussion on the City Survey. Mr. McCown stated Council had authority to de- lete all funds for this project as well as direct the City to start the process over if they did not agree with the way it was handled. Mr. McCown acknowledged it was an administrative responsibility to award the bid; however, Council could direct different procedures. Mr. McCown informed Council the Englewood Herald Sentinel was publishing a directory of all businesses in the City; and staff could refer to it when soliciting for projects in the future, if Council so desired. Mayor Otis stated from his past experience with RFP's he found nothing wrong with the procedure that was used and it was not incumbent on the City to look for businesses. It was the responsi- bility of businesses to inform the City of their qualifications. Mayor Pro Tern Bradshaw instructed the City Manager to write a letter to the Chamber of Commerce asking businesses to register with the City. * * * * * *' • I • - ( • • ( • January 21 , 1980 Page 15 • • • City Manager McCown presented a memorandum and resolution concerning the Six Quarter Budget from January l, 1980 to June, 1981. RESOLUTION NO. 2 SERIES OF 1980 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 2, SERIES OF 1980, AMENDING THE PUBLIC IMPROVEMENT FUND AND ALLOCAT- ING THE BUDGET AS SHOWN IN THE RESOLUTION. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday , Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO RATIFY THE LIFETIME MEM- BERSHIP TO THE ENGLE\«XlD GOLF COURSE FOR JAMES L. TAYLOR. Coun- cil 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 FITZPATRICK MOVED TO SET MARCH 10, 1980, FOR THE PUBLIC HEARING ON THE 201 PLAN FOR THE BI-CITY TREATMENT PLANT AT 7 :30 P.M. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena , Bilo, Bradshaw, Otis. Nays : None. The Mayor declared the motion carried. * * * * * * • I • • - • • January 21, 1980 Page 16 • • • City Manager asked for direction on a request from the Chamber of Commerce to hold a reception in honor of the new Council. Mr. McCown stated the Chamber would like to hold the reception at the First National Bank building. Council directed the City Manager to inform the Chamber that some date during the first week of February was be suitable. * * * * * * Council directed the City Manager to make arrangements for the City to participate in the St. Patrick's Day Parade on March 15th. Mayor Pro Tern Bradshaw noted certain Council Members would be out of town on that date and suggested that each school in Englewood send a student representative to ride the Cherrelyn Horse Car. * * * * * * City Manager McCown informed Council of Mr. M. M. Summers's death and stated the funeral would be Tuesday, at 11:00 a.m. at the Hampden Hills Baptist Church located at University and Dartmouth. Mr. McCown stated he had ordered a floral arrangement to be sent. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE FOLLOW- ING APPOINTMENTS TO THE BUILDING CODE REVIEW COMMITTEE: GENERAL CONTRACTOR (LARGE) GENERAL CONTRACTOR (SMALL) ELECTRICAL CONTRACTOR PLUMBING/MECHANICAL CON- TRACTOR ARCHITECT CITIZENS WALLY PREBIS, COLORADo PRESTRESS ASSO. RAY SMITH, TRIPLE T ELECTIRC DENNIS KENNY, KENNY ELECTRIC ART CHAPUT, CHAPUT PLUMBING CORK OSBOURN, CORK DESIGNS JAMES T. TOTTON AND WAYNE BURGET Council Member Bradshaw seconded the motion. Mayor Otis stated letters should be sent to people who were not appoi~ted. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. • I • - ( ( • • January 21, 1980 Page 17 • • • The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER RIGDAY MOVED TO ADJOURN TiiE MEETING. Coun- cil Member Fitzpatrick seconded the motion. Mayor Otis adjourned the meeting without a vote at 10 :30 p.m. • I . - 0 • • • lb COUNCIL CHAMBERS CITY OF ENGLEWOOD , COLORADO January 21 , 1980 REGULAR MEETING: The City Council of the City of Englewood , Arapahoe County, Colorado, met in regular session on January 21, 1980, at 7 :30p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend T. J. Kelly , Saint Louis Catholic Church, 3310 South Sherman Street. The pledge of allegiance was led by Cadet Senior Troop 1765 of the Girl Scouts of America. 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 Curnes City Attorney Berardini Director of Engineering Services Diede Fire Chief Beeson Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BILO MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 7, 1980. Council Member Fitzpatrick seconded the mot i on . Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena , Bilo , Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • • I • - • January 21, 1 980 Page 2 • • • Pre -sch e dul e d vi s itor , Mr . Ken Harald s en, 3 018 Sout h Washington Street , was pre s ent and dis c ussed hi s p ropo s al t hat the City o f En glewood take full responsibility for all wate r mains wi t hin th e City . Mr. Hara l dsen a l so d i scuss ed dele t ing th e c a t l aw f rom the animal ordinance . Mr. Haralds e n sta ted h e thought inadequate facilities existed at the shelte r to car e fo r the cats ; and he thought it wou l d be e mbarrassing f or people to tak e their neigh- bors ' cats to the shelter on the grounds t ha t the cats were a nu i -sance. City Manager McCown responded that Council had directed the City to take over the water lines and have provided to do so with personnel and equipment. Also, cat cages have been ordered by the police department to help enforce the cat law under the animal ordinance. * * * * * * Mayor Ot i s asked if there were any other visitors in the audience wishing to speak to Council at this time. Mrs. Beve rlee Howe, 3255 South Delaware , appeared before Council. Mrs. Howe expressed her concerns on allowing citizens to trap cats. Mrs. Howe feared people who disliked cats would take advantage of the availability of traps and many captured cats would never get taken to the shelter for reclaim by the owner. City Manager McCown stated the City would control handl-ing the distribution of cat traps. Council discussed the cat law at length with Mrs. Howe. Mayor Otis assured Mrs. Howe the new law would not be a license to trap cats. Council g ranted Mr. Hara l dsen 's req uest to app e ar again before Council. Mr. Haraldsen's express e d concerns re g arding how assessment of fines were going to be handled if the captured cats were proven to be strays. Council Member Bilo it was a new law for the protection of cat owners as well as a law to help people who view stray cats as a nuisance. Council Member Hi gday state d the law may be rev ised; but the citizens should f irst see if it will work. * * * * * * Mr. Joe Zylstra, 4941 South Clarkson Street , appeared before Council and expressed his disappointment over the selection • I • - ( c. • • • • • January 21, 1980 Page 3 of a firm to perform the City Survey. Mr. Zylstra stated he had wanted a chance to offer a proposal and his firm had not been asked to submit one. Mayor Otis stated the process was an administrative one and asked Mr. McCown to explain the process. Mr. Zylstra stated it had already been explained to him. He only wanted to voice his concerns. Council Member Higday stated he understood no one on the City staff knew Mr. Zylstra was in the business of surveying. Mr. Higday suggested that Mr. Zylstra write a letter to the City informing the staff of his firm and what k i nd of business they would be interested in performing for the City. City Manager McCown stated Council had the authority to determine whether this selection procedure was satisfactory or unsatisfactory and could order the selection process to be done differently. Council Member Neal stated Council could not direct a change of action in this particular case; however, they would be alert to the procedure in the future. In response to Council Member Bilo's question, City Manager McCown there would be no guarantee that Mr. Zylstra's firm would have been chosen if he had been contacted. Mr. McCown stated factors other than cost are taken into considera- tion. Council Member Higday stated Council had no authority to change the selection at this time; however, he encouraged Mr. Zylstra to get his name on record with the City and on future- related projects, his firm would be considered. Council Member Bilo agreed with Mr. Higday's statement. were: * * * * * * There were no other visitors to be heard at this time • * * * * * * "Cotiii!Unications -No Action Recommended" on the agenda (a) (b) Minutes of the Planning and Zoning Commission meeting of December 4, 1979. Minutes of the Board of Adjustment and Appeals meeting of December 12, 1979 • • I • - • January 21, 1980 Pa g e 4 (c) (d ) (e ) (f ) (g ) (h) • • • Minutes of the Denver Regi o nal Co un cil o f Governments meetin g of Dece mb e r 19, 19 79. Minutes of th e Public Li b r a r y Boar d meet i ng of January 8 , 1980. Minutes of th e Wat e r a n d Sew e r Board meeting of January 8 , 1980. Minutes of the Downt own Dev e lopm e nt Author i ty meeting of Januar y 9 , 1980. Municipal Court Acti v ity Report for the month of December, 1979 with total annual figur e s. Memorandum from the Di r e ctor of Libraries to the City Manager concerning the resignation o f Mr. Paul Busch from the Public Library Board. Council instructed Mr. McCown to write a letter to Mr. Busch expressing their appreciation for the work he had done on the Public Library Board. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE "COMMUNICATIONS -NO ACTION RECOMMENDED". Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Higday , Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a request for an annual renewal of a hotel/restaurant license for Fratelli's Pizza, 1200 East Hampden Avenu e . COUNCIL MEMBER KEENA MOVED TO GRANT THE REQUEST FOR AN ANNUAL RENEWAL OF A HOTEL/RESTAURANT LICENSE FOR FRATELLI'S PIZZA, 1200 East Hampden Avenue. Council Member Higday seconded the mo- tion. Upon a call of the rol l , the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • 0 I • - ( • ( • January 21, 1980 Page 5 Nays: None. • • • The Mayor declared the motion carried. * * * * * * Mayor Otis presented a recommendation from the Public Library Board of January 8, 1980, concerning a Council Member appointment to the Board. Mayor Otis noted it was Council's option to make such an appointment. COUNCIL MEMBER NEAL MOVED TO POSTPONE CONSIDERATION OF AN APPOINTMENT OF A COUNCIL MEMBER TO THE PUBLIC LIBRARY BOARD UNTIL COUNCIL HAS INTERVIEWED CITIZEN CANDIDATES AND HAS HAD A CHANCE TO DISCUSS WHO COUNCIL MIGHT WANT TO PUT ON THE BOARD. Council Member Higday seconded. Council Member Keena stated she had talked with Lois Sterling and assured Mrs. Sterling that she (Ms. Keena) would attend the Board's meeting on February 5th and until Council has had time to interview the candidates. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Assistant City Manager Curnes presented the recommenda- tion from the Water and Sewer Board meeting of January 8, 1980, concerning approval of annexation of additional land into the Valley Sanitation District service area. Mr. Curnes stated the Board recommended that Council approve Supplement ll to Valley Sanitation District subject to receipt of a letter from Valley Sanitation District that acknowledges understanding by the Dis- trict that no additional taps will be granted under the tap al- location formula because of the additional land added to the Dis-trict under this and future supplements. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE ADDITIONAL LAND TO THE VALLEY SANITATION SERVICE AREA WITH THE STIPULATION THAT NO ADDITIONAL TAP ALLOCATIONS WOULD BE GIVEN. Council Mem-ber Bradshaw seconded the motion. Council Member Higday asked Mr. Curnes how the motion would affect the capacity capability of the plant • • I • • - • • • January 21, 1980 Page 6 • • • Mr. Curnes replied the tap allocation program adopted by the Council in November, 1979, indicated there was capacity to add to the plant at a specified rate. Under the allocation program, each of the sanitation districts served by Englewood was allocated a certain number of taps and the addition of this annexation of land to the Valley Sanitation District was with the understanding that with the additional land they would not add more taps unless allocated under the previous ordinance of Coun- cil. Mr. Curnes stated the districts were willing to acknowledge this policy with a letter. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Assistant City Manager Curnes presented the recommenda- tion from the Water and Sewer Board meeting of January 8, 1980, concerning approval of annexation of additional land into South- gate Sanitation District service area. Mr. Curnes stated the Board recommended approval to annex Supplement 70 to Southgate Sanitation District. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE ANNEXATION OF ADDITIONAL LAND INTO SOUTHGATE SANITATION SERVICE AREA WITH THE STIPULATION THAT NO ALLOCATION OF FURTHER TAPS WOULD BE GIVEN. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • Nays: None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a recommendation from the Plan- ning and Zoning Commission meeting of September 26, 1979, con- cerning the vacation of the Acoma/Bannock alley located north of Jefferson Avenue . • I • • - ( • ( • January 21, 1980 Page 7 • • • COUNCIL MEMBER BILO MOVED TO APPROVE THE VACATION OF ACOMA/BANNOCK ALLEY BETWEEN WEST JEFFERSON AVENUE AND THE CITY CITY DITCH WITH AN EASEMENT OF 16 FEET TO BE REQUIRED FOR THE EXISTING SEWER LINE PLUS THE RIGHT OF INGRESS AND EGRESS ACROSS THE PROPERTY. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. COUNCJL MEMBER FITZPATRICK MOVED TO BRING FORTH THE BILL FOR AN ORDIANCE CONCERNING THE AFOREMENTIONED MOTION BY COUNCIL MEMBER BILO. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. City Attorney Berardini noted Council Member Bilo's motion regarding the 16 foot right-of-way/easement should be reflected in Section 4 of the bill. ORDINANCE NO. SERIES OF 1980-- BY AUTHORITY A BILL FOR COUNCIL BILL NO. 3 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE VACATING A CERTAIN ALLEY LYING BETWEEN SOUTH ACOMA AND SOUTH BANNOCK STREETS, NORTH OF WEST JEFFERSON AVENUE AND RETAINING AN EASEMENT THEREIN. COUNCIL MEMBER BILO MOVED THAT THE TERMINOLOGY BE CHANGED IN SECTION 4, SECOND LINE, STRIKING THE FIRST WORD "THE" AND INSERTING "16 FOOT". Council Member Keena seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • - • • January 21, 1980 Page 8 Nays : None. • • • The Mayor declared the motion carried. Council Member Higday stated he had reservations on passing the ordinance considering the fact the parcel of land that is presently next to it was vacated a short time ago to the same party and this would give that party another 16 foot of land. Considering the price of property today, Council may be causing the City problems in the future. Council Member Fitzpatrick stated he did not want to give away land unnecessarily. Council requested Mr. William Davis, 105 W. Jefferson Avenue, to appear before Council. In response to Council's ques- tions, Mr. Davis stated he and his neighbor Mr. Neil Marcus were interested in developing the property into professional building of some sort. Mr. Davis recognized that the property owner would incur the cost of moving the sewer line. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 3, SERIES OF 1980, ON FIRST READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council communication concern- ing review and approval of the Downtown Development Authority's 1980 budget and approval of the Executive Director's contract. COUNCIL MEMBER NEAL MOVED TO APPROVE THE EXECUTIVE DIRECTOR'S CONTRACT AND THE EDDA BUDGET FOR 1980. Council Mem- ber Bradshaw seconded the mot i on. COUNCIL MEMBER KEENA MOVED TO TABLE THE MOTION UNTIL COUNCIL CAN DISCUSS IT IN A STUDY SESSION. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo , Bradshaw, Otis • • I • - re • • • Janaury 21, 1980 Page 9 Nays: None. • • • The Mayor declared the motion carried. Council designated February 4th for the study session and to have Mr. James Keller, Executive Director of EDDA, present. * * * * * * Mayor Otis presented a Council communication from the City Manager concerning the NLC Congressional-City Conference in Washington, D.C., March 16-18, 1980. COUNCIL MEMBER KEENA MOVED THAT THIS ITEM BE DELAY UN- TIL AFTER RECESS. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Council granted permission for Mr. Fred Kaufman, Board member of the EDDA, to come forward. Mr. Fred Kaufman, 2800 South University, stated he would be glad to answer any questions Council may have concerning the EDDA's 1980 budget and invited Council to attend their meetings. Council Member Keena noted there were some timing con- flicts with some members of Council since the EDDA either met in the mornings or during lunch. * * * * * * Mayor Otis presented a memorandum f rom the Municipal Cour t Judge concerning an appointment of Association Judge. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE MEMORANDUM DATED JANUARY 10, 1980, FROM LOUIS PARKINSON REGARDING THE AP- POINTMENT OF ASSOCIATE JUDGE GERALDINE ALLEN. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Higday, Neal, Fitzpatrick, Keena , Bilo, Bradshaw, Otis • I • - • • January 21 , 1980 Page 10 Nays : Non . • • • The Mayor declared the mot i on carr i e d. City Attorne y Berardini stated he would wr ite a reso l u- tion for Council considera t i on confirming the a ppo i ntment. * * * * * * Mayor Otis declared a recess at 9 :10p.m. The Council reconvened at 9 :25 p.m. Mayor Otis asked for roll call. Upon a call of the roll , th e following were present: Council Members, Higday , Neal , Fitzpatrick, Keena, Bilo , Bradshaw , Otis. Absent : None. The Mayor declared a quorum present. * * * * * * Mayor Otis asked for designatees to the NLC Con-gressional-City Conference. COUNCIL MEMBER BILO MOVED THAT COUNCIL MEMBERS HIGDAY, NEAL, AND MAYOR PRO TEM BRADSHAW, AND CITY MANAGER MCCOWN ATTEND THE NATIONAL LEAGUE OF CITIES CONGRESSIONAL-CITY CONFERENCE. Coun- cil Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo , Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 1 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 1 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING AN AGRE EMENT FOR LIBRARY SERVICES BETWEEN ARAPAHOE REGIONAL LIBRARY DISTRICT AND CITY OF ENGLEWOOD AND DECLARING AN EMERGENCY. • I • - ( ' • • • January 21, 1980 Page 11 • • • COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 1, SERIES OF 1980, ON FINAL READING. Council Member Fitzpatrick. seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 1 SERIES OF 1980 * * * * * * A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD TO JOIN WITH THE AMERICAN WATER WORKS ASSOCIATION IN A JUDICIAL CLARIFICATION OF THE ENVIRONMENTAL PROTECTION AGENCY'S REGULATION RELATING TO A MAXIMUM CONTAMINANT LEVEL FOR TOTAL TRIHALOMETHANES (TTHM) IN DRINKING WATER • COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 1, SERIES OF 1980. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Neal requested the City Attorney and Director of Utilities to forward to Council any pertinent in- formation regarding the suit referenced in Resolution No. 1, Series of 1980. * * * * * * City Attorney Berardini presented a memorandum con- cerning a Lease Extension Agreement with Continental National Bank and Western Property Management Company for a repeater station located on top of the bank commencing January 1, 1980 for five years. Council Members Fitzpatrick and Bilo inquired about the reasons why the rate was increased from $180 to $250 annually. Mr. Berardini stated he did not that information at the pre- sent time • • I • - • • • January 21, 1980 Page 12 • • • COUNCIL MEMBER FITZPATRICK MOVED TO POSTPONE THE AGREE- MENT UNTIL THE NEXT REGULAR COUNCIL MEETING FOR INFORMATIONAL PUR- POSES ONLY AS TO WHY THE RISE IN COST. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented an opLnLon from his office concerning the authority of City Council to authorize or order a recount of municipal elections. Mr. Berardini stated the opinion concluded that Council did not have the authority to order a recount of municipal elections. COUNCIL MEMBER FITZPATRICK MOVED THAT THE INFORMATION RECEIVED FROM THE CITY ATTORNEY BE SENT TO MRS. ISABELLA KNIGHT AND TO MRS. BEVERLEE HOWE ALONG WITH A COVER LETTER SIGNED BY THE MAYOR. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday , Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE 1980 BUDGET. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. City Manager McCown stated budgets were available in the Director of Finance/City Clerk's office. * * * * * * • I • - - • • • • January 21 , 1980 Page 13 • • • City Manager McCown presented a memorandum from the Director of Finance and the Fire Chief concerning the bid for the mini-pumper. Mr. McCown stated the actual low bid in terms of cost was American Fire Equipment for $31,471. Other bids were Modular Vehicles -$32,182; Emergency I -$34,573; and Sun Fire and Rescue -$40,500. Mr. McCown recommended to make the award to Modular Vehicles for the reasons set out in the memorandum. Mr. McCown stated Fire Chief Beeson as well as a representative from American Fire Equipment were present to answer any questions. Mr. McCown stated the bids were good until January 28, 1980. Fire Chief Beeson appeared before Council and answered questions from Council Members Fitzpatrick and Higday in that he did not know the effect of gas consumption and mileage in going to a larger engine; and this vehicle was similar to those used in surrounding communities. Mr. Beeson stated there were several items in the bid specifications that American Fire Equipment did not answer specifically. Mr. Jim Costello, 938 Elizabeth Street, Denver, repre- sentative from American Fire Equipment, appeared before Council. In response to Council's questions, Mr. Costello stated there was probably miscommunication between his office in Denver and the of- fice that prepared the bid in Kansas City which resulted in not all bid specifications being answered. Mr. Costello stated his company could probably provide those items not addressed in the bid submission. City Manager McCown advised Council against negotiating these items without contacting the other bidders as well. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE BID FROM MODU- LAR VEHICLE FOR THE MINI-PUMPER. Council Member Fitzpatrick sec- onded the motion. Council Member Keena stated she believed in the "Request For Proposal" process, the specifications that were sent out were detailed and specific and it was the obligation of the company to respond to those items exactly as detailed in the "RFP". Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • None. The Mayor declared the motion carried. * * * * * * • I • - • • January 21, 1980 Page 14 • • • City Manager McCown transmitted a memorandum from the Director of Engineering Services concerning streets and cost esti- mates for Paving District No. 27. Mr. McCown also pointed out the calendar of events regarding this paving district and discussed the procedure through which a district was handled. * * * * * * City Manager McCown presented a memorandum from the Di- rector of Engineering Services concerning the award of bid for the filtration plant north basin storm sewer project and recommended the award be made to Proto Construction. Mr. McCown stated Di-rector Diede was present to answer questions. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE RECOMMENDATION FOR AWARD FOR THE NORTH STORM SEWER PROJECT AS WRITTEN IN AGENDA ITEM 8D. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis, None. The Mayor declared the motion carried, * * * * * * City Manager McCown made reference to earlier discussion on the City Survey. Mr. McCown stated Council had authority to de- lete all funds for this project as well as direct the City to start the process over if they did not agree with the way it was handled, Mr. McCown acknowledged it was an administrative responsibility to award the bid; however, Council could direct different procedures. Mr. McCown informed Council the Englewood Herald Sentinel was publishing a directory of all businesses in the City; and staff could refer to it when soliciting for projects in the future, if Council so desired, Mayor Otis stated from his past experience with RFP's he found nothing wrong with the procedure that was used and it was not incumbent on the City to look for businesses. It was the responsi- bility of businesses to inform the City of their qualifications. Mayor Pro Tern Bradshaw instructed the City Manager to write a letter to the Chamber of Commerce asking businesses to register with the City, * * * * * *' • I • • - • • • • January 21, 1980 Page 15 • • • City Manager McCown presented a memorandum and resolution concerning the Six Quarter Budget from January 1, 1980 to June, 1981. RESOLUTION NO. 2 SERIES OF 1980 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 2, SERIES OF 1980, AMENDING THE PUBLIC IMPROVEMENT FUND AND ALLOCAT- ING THE BUDGET AS SHOWN IN THE RESOLUTION. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO RATIFY THE LIFETIME MEM- BERSHIP TO THE ENGLEWOOD GOLF COURSE FOR JAMES L. TAYLOR. Coun- cil 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 FITZPATRICK MOVED TO SET MARCH 10, 1980, FOR THE PUBLIC HEARING ON THE 201 PLAN FOR THE BI-CITY TREATMENT PLANT AT 7:30P.M. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * • I • • - • • • January 21, 1980 Page 16 • • • City Manager asked for direction on a request from the Chamber of Commerce to hold a reception in honor of the new Council. Mr. McCown stated the Chamber would like to hold the reception at the First National Bank building. Council directed the City Manager to inform the Chamber that some date during the first week of February was be suitable, * * * * * * Council directed the City Manager to make arrangements for the City to participate in the St. Patrick's Day Parade on March 15th. Mayor Pro Tern Bradshaw noted certain Council Members would be out of town on that date and suggested that each school in Englewood send a student representative to ride the Cherrelyn Horse Car. * * * * * * City Manager McCown informed Council of Mr. M. M. Summers's death and stated the funeral would be Tuesday, at 11 :00 a.m. at the Hampden Hills Baptist Church located at University and Dartmouth, Mr. McCown stated he had ordered a floral arrangement to be sent. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE FOLLOW- ING APPOINTMENTS TO THE BUILDING CODE REVIEW COMMITTEE: GENERAL CONTRACTOR (LARGE) GENERAL CONTRACTOR (SMALL) ELECTRICAL CONTRACTOR PLUMBING/MECHANICAL CON- TRACTOR ARCHITECT CITIZENS WALLY PREBIS, COLORADO PRESTRESS ASSO. RAY SMITH, TRIPLE T ELECTIRC DENNIS KENNY, KENNY ELECTRIC ART CHAPUT, CHAPUT PLUMBING CORK OSBOURN, CORK DESIGNS JAMES T. TOTTON AND WAYNE BURGET Council Member Bradshaw seconded the motion, Mayor Otis stated letters should be sent to people who were not appointed. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays : None • I • - • • • • January 21 , 1980 Page 17 • • • The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Coun-cil Member Fitzpatrick seconded the motion. Mayor Otis adjourned the meeting without a vote at 10:30 p.m • • I . - • • • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 21 . 1980 lb The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on January 21, 1980, at 7 :30p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend T. J. Kelly, Saint Louis Catholic Church, 3310 South Sherman Street. The pledge of allegiance was led by Cadet Senior Troop 1765 of the Girl Scouts of America. 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 Curnes City Attorney Berardini Director of Engineering Services Diede Fire Chief Beeson Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BILO MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 7, 1980. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • * * * * * * • I • - • • • January 21, 1980 Page 2 • • • Pre-scheduled visitor, Mr. Ken Haraldsen, 3018 South Washington Street, was present and discussed his proposal that the City of Englewood take full responsibility for all water mains within the City. Mr. Haraldsen also discussed deleting the cat law from the animal ordinance. Mr. Haraldsen stated he thought inadequate facilities existed at the shelter to care for the cats; and he thought it would be embarrassing for people to take their neigh- bors' cats to the shelter on the grounds that the cats were a nui-sance. City Manager McCown responded that Council had directed the City to take over the water lines and have provided to do so with personnel and equipment. Also, cat cages have been ordered by the police department to help enforce the cat law under the animal ordinance. * * * * * * Mayor Otis asked if there were any other visitors in the audience wishing to speak to Council at this time. Mrs. Beverlee Howe, 3255 South Delaware, appeared before Council. Mrs. Howe expressed her concerns on allowing citizens to trap cats. Mrs. Howe feared people who disliked cats would take advantage of the availability of traps and many captured cats would never get taken to the shelter for reclaim by the owner. City Manager McCown stated the City would control handl-ing the distribution of cat traps. Council discussed the cat law at length with Mrs. Howe. Mayor Otis assured Mrs. Howe the new law would not be a license to trap cats. Council granted Mr. Haraldsen's request to appear again before Council. Mr. Haraldsen's expressed concerns regarding how assessment of fines were going to be handled if the captured cats were proven to be strays. Counci l Member Bilo it was a new law for the protection of cat owners as well as a law to help people who view stray cats as a nuisance. Council Member Higday stated the law may be revised; but the citizens should first see if it will work. * * * * * * Mr. Joe Zylstra, 4941 South Clarkson Street, appeared before Council and expressed his disappointment over the selection • I • - • • • • • • • January 21, 1980 Page 3 of a firm to perform the City Survey. Hr. Zylstra stated he had wanted a chance to offer a proposal and his firm had not been asked to submit one. Mayor Otis stated the process was an administrative one and asked Mr. McCown to explain the process. Hr. Zylstra stated it had already been explained to him. He only wanted to voice his concerns. Council Member Higday stated he understood no one on the City staff knew Mr. Zylstra was in the business of surveying. Mr. Higday suggested that Mr. Zylstra write a letter to the City informing the staff of his firm and what kind of business they would be interested in performing for the City. City Manager McCown stated Council had the authority to determine whether this selection procedure was satisfactory or unsatisfactory and could order the selection process to be done differently. Council Member Neal stated Council could not direct a change of action in this particular case; however, they would be alert to the procedure in the future. In response to Council Member Bilo's question, City Manager McCown there would be no guarantee that Hr. Zylstra's firm would have been chosen if he had been contacted. Hr. McCown stated factors other than cost are taken into considera- tion. Council Member Higday stated Council had no authority to change the selection at this time; however, he encouraged Mr. Zylstra to get his name on record with the City and on future- related projects, his firm would be considered. Council Member Bilo agreed with Mr. Higday's statement. were: * * * * * * There were no other visitors to be heard at this time. * * * * * * "Corrmunications -No Action Recommended" on the agenda (a) (b) Minutes of the Planning and Zoning Commission meeting of December 4, 1979. Minutes of the Board of Adjustment and Appeals meeting of December 12, 1979 • • I • - • • • January 21, 1980 Page 4 (c) (d) (e) (f) (g) (h) • • • Minutes of the Denver Regional Council of Governments meeting of December 19, 1979. Minutes of the Public Library Board meeting of January 8, 1980. Minutes of the Water and Sewer Board meeting of January 8, 1980. Minutes of the Downtown Development Authority meeting of January 9, 1980. Municipal Court Activity Report for the month of December, 1979 with total annual figures. Memorandum from the Director of Libraries to the City Manager concerning the resignation of Mr. Paul Busch from the Public Library Board. Council instructed Mr. McCown to write a letter to Mr. Busch expressing their appreciation for the work he had done on the Public Library Board. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE "COMMUNICATION S -NO ACTION RECOMMENDED". Council Member Bilo seconded the mot ion . Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Higday , Neal, Fi tzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a request for an annual renewal of a hotel/restaurant license for Fratelli's Pizza, 1200 East Hampden Avenue. COUNCIL MEMBER KEENA MOVED TO GRANT THE REQUEST FOR AN ANNUAL RENEWAL OF A HOTEL/RESTAURANT LICENSE FOR FRATELLI'S PIZZA, 1200 East Hampden Avenue. Council Member Higday seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • - ( ' • • • • • January 21, 1980 Page 5 Nays: None. • • • The Mayor declared the motion carried. * * * * * * Mayor Otis presented a recommendation from the Public Library Board of January 8, 1980, concerning a Council Member appointment to the Board. Mayor Otis noted it was Council's option to make such an appointment. COUNCIL MEMBER NEAL MOVED TO POSTPONE CONSIDERATION OF AN APPOINTMENT OF A COUNCIL MEMBER TO THE PUBLIC LIBRARY BOARD UNTIL COUNCIL HAS INTERVIEWED CITIZEN CANDIDATES AND HAS HAD A CHANCE TO DISCUSS WHO COUNCIL MIGHT WANT TO PUT ON THE BOARD. Council Member Higday seconded. Council Member Keena stated she had talked with Lois Sterling and assured Mrs. Sterling that she (Ms. Keena) would attend the Board's meeting on February 5th and until Council has had time to interview the candidates. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Assistant City Manager Curnes presented the recommenda- tion from the Water and Sewer Board meeting of January 8, 1980, concerning approval of annexation of additional land into the Valley Sanitation District service area. Mr. Curnes stated the Board recommended that Council approve Supplement ll to Valley Sanitation District subject to receipt of a letter from Valley Sanitation District that acknowledges understanding by the Dis- trict that no additional taps will be granted under the tap al- location formula because of the additional land added to the Dis- trict under this and future supplements. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE ADDITIONAL LAND TO THE VALLEY SANITATION SERVICE AREA WITH THE STIPULATION THAT NO ADDITIONAL TAP ALLOCATIONS WOULD BE GIVEN. Council Mem- ber Bradshaw seconded the motion. Council Member Higday asked Mr. Curnes how the motion would affect the capacity capability of the plant • I • • - • • • January 21 , 1980 Page 6 • • • Mr. Curnes replied the tap allocation program adopted by the Council in November, 1979, indicated there was capacity to add to the plant at a specified rate. Under the allocation program, each of the sanitation districts served by Englewood was allocated a certain number of taps and the addition of this annexation of land to the Valley Sanitation District was with the understanding that with the additional land they would not add more taps unless allocated under the previous ordinance of Coun- cil. Mr. Curnes stated the districts were willing to acknowledge this policy with a letter. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Assistant City Manager Curnes presented the recommenda- tion from the Water and Sewer Board meeting of January 8, 1980, concerning approval of annexation of additional land into South- gate Sanitation District service area. Mr. Curnes stated the Board recommended approval to annex Supplement 70 to Southgate Sanitation District. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE ANNEXATION OF ADDITIONAL LAND INTO SOUTHGATE SANITATION SERVICE AREA WITH THE STIPULATION THAT NO ALLOCATION OF FURTHER TAPS WOULD BE GIVEN. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal , Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays : None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a recommendation from the Plan- ning and Zoning Commission meeting of September 26, 1979, con- cerning the vacation of the Acoma/Bannock alley located north of Jefferson Avenue. • - I • • - • • • January 21, 1980 Page 7 • • • COUNCIL MEMBER BILO MOVED TO APPROVE THE VACATION OF ACOMA/BANNOCK ALLEY BETWEEN WEST JEFFERSON AVENUE AND THE CITY CITY DITCH WITH AN EASEMENT OF 16 FEET TO BE REQUIRED FOR THE EXISTING SEWER LINE PLUS THE RIGHT OF INGRESS AND EGRESS ACROSS THE PROPERTY. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. COUNCIL MEMBER FITZPATRICK MOVED TO BRING FORTH THE BILL FOR AN ORDIANCE CONCERNING THE AFOREMENTIONED MOTION BY COUNCIL MEMBER BILO. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. City Attorney Berardini noted Council Member Bilo's motion regarding the 16 foot right-of-way/easement should be reflected in Section 4 of the bill. ORDINANCE NO. SERIES OF 1980-- BY AUTHORITY A BILL FOR COUNCIL BILL NO. 3 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE VACATING A CERTAIN ALLEY LYING BETWEEN SOUTH ACOMA AND SOUTH BANNOCK STREETS, NORTH OF WEST JEFFERSON AVENUE AND RETAINING AN EASEMENT THEREIN. COUNCIL MEMBER BILO MOVED THAT THE TERMINOLOGY BE CHANGED IN SECTION 4, SECOND LINE, STRIKING THE FIRST WORD "THE" AND INSERTING "16 FOOT". Council Member Keena seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • - 0 • • January 21, 1980 Page 8 Nays : None. • • • The Mayor declared the motion carried. Council Member Higday stated he had reservations on passing the ordinance considering the fact the parcel of land that is presently next to it was vacated a short time ago to the same party and this would give that party another 16 foot of land. Considering the price of property today, Council may be causing the City problems in the future. Council Member Fitzpatrick stated he did not want to give away land unnecessarily. Council requested Mr. William Davis, lOS W. Jefferson Avenue, to appear before Council. In response to Council's ques- tions, Mr. Davis stated he and his neighbor Mr. Neil Marcus were interested in developing the property into professional building of some sort. Mr. Davis recognized that the property owner would incur the cost of moving the sewer line. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 3, SERIES OF 1980, ON FIRST READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council communication concern- ing review and approval of the Downtown Development Authority's 1980 budget and approval of the Executive Director's contract. COUNCIL MEMBER NEAL MOVED TO APPROVE THE EXECUTIVE DIRECTOR'S CONTRACT AND THE EDDA BUDGET FOR 1980. Council Mem-ber Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO TABLE THE MOTION UNTIL COUNCIL CAN DISCUSS IT IN A STUDY SESSION. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw , Otis • • I • - • • • Janaury 21, 1980 Page 9 Nays : None. • • • The Mayor declared the motion carried. Council designated February 4th for the study session and to have Mr. James Keller, Executive Director of EDDA, present. * * * * * * Mayor Otis presented a Council communication from the City Manager concerning the NLC Congressional-City Conference in Washington, D.C., March 16 -18, 1980. COUNCIL MEMBER KEENA MOVED THAT THIS ITEM BE DELAY UN- TIL AFTER RECESS. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Council granted permission for Mr. Fred Kaufman, Board member of the EDDA, to come forward. Mr. Fred Kaufman, 2800 South University, stated he would be glad to answer any questions Council may have concerning the EDDA's 1980 budget and invited Council to attend their meetings. Council Member Keena noted there were some timing con- flicts with some members of Council since the EDDA either met in the mornings or during lunch. * * * * * * Mayor Otis presented a memorandum from the Municipal Court Judge concerning an appointment of Association Judge. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE MEMORANDUM DATED JANUARY 10, 1980, FROM LOUIS PARKINSON REGARDING THE AP- POINTMENT OF ASSOCIATE JUDGE GERALDINE ALLEN. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • - • • • January 21, 1980 Page 10 Nays : None. • • • The Mayor declared the motion carried. City Attorney Berardini stated he would write a resolu- tion for Council consideration confirming the appointment. * * * * * * Mayor Otis declared a recess at 9 :10p.m. The Council reconvened at 9 :25 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members, Higday, Neal, Fitzpatrick, Keena, Bilo , Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Mayor Otis asked for designatees to the NLC Con-gressional-City Conference. COUNCIL MEMBER BILO MOVED THAT COUNCIL MEMBERS HIGDAY, NEAL, AND MAYOR PRO TEM BRADSHAW, AND CITY MANAGER MCCOWN ATTEND THE NATIONAL LEAGUE OF CITIES CONGRESSIONAL-CITY CONFERENCE. Coun- cil Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the mot i on carr i ed. ORDINANCE NO. 1 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 1 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN ARAPAHOE REGIONAL LIBRARY DISTRICT AND CITY OF ENGLEWOOD AND DECLARING AN EMERGENCY. • I • - - • • • • January 21, 1980 Page 11 • • • COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 1, SERIES OF 1980, ON FINAL READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 1 SERIES OF 1980 * * * * * * A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD TO JOIN WITH THE AMERICAN WATER WORKS ASSOCIATION IN A JUDICIAL CLARIFICATION OF THE ENVIRONMENTAL PROTECTION AGENCY'S REGULATION RELATING TO A MAXIMUM CONTAMINANT LEVEL FOR TOTAL TRIHALOMETHANES (TTHM) IN DRINKING WATER. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 1, SERIES OF 1980. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Neal requested the City Attorney and Director of Utilities to forward to Council any pertinent in- formation regarding the suit referenced in Resolution No. 1, Series of 1980 • * * * * * * City Attorney Berardini presented a memorandum con- cerning a Lease Extension Agreement with Continental National Bank and Western Property Management Company for a repeater station located on top of the bank commencing January 1, 1980 for five years. Council Members Fitzpatrick and Bilo inquired about the reasons why the rate was increased from $180 to $250 annually • Mr. Berardini stated he did not that information at the pre- sent time • • • I • - • • January 21, 1980 Page 12 • • • COUNCIL MEMBER FITZPATRICK MOVED TO POSTPONE THE AGREE- MENT UNTIL THE NEXT REGULAR COUNCIL MEETING FOR INFORMATIONAL PUR- POSES ONLY AS TO WHY THE RISE IN COST. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented an op~n~on from his office concerning the authority of City Council to authorize or order a recount of municipal elections. Mr. Berardini stated the opinion concluded that Council did not have the authority to order a recount of municipal elections. COUNCIL MEMBER FITZPATRICK MOVED THAT THE INFORMATION RECEIVED FROM THE CITY ATTORNEY BE SENT TO MRS. ISABELLA KNIGHT AND TO MRS. BEVERLEE HOWE ALONG WITH A COVER LETTER SIGNED BY THE MAYOR. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE 1980 BUDGET. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • City Manager McCown stated budgets were available in the Director of Finance/City Clerk's office. * * * * * * I • - • January 21 , 1980 Page 13 • • • City Manager McCown presented a memorandum from the Director of Finance and the Fire Chief concerning the bid for the mini-pumper. Mr. McCown stated the actual low bid in terms of cost was American Fire Equipment for $31 ,471. Other bids were Modular Vehicles -$32,182; Emergency I -$34,573; and Sun Fire and Rescue -$40,500. Mr. McCown recommended to make the award to Modular Vehicles for the reasons set out in the memorandum. Mr. McCown stated Fire Chief Beeson as well as a representative from American Fire Equipment were present to answer any questions. Mr. McCown stated the bids were good until January 28, 1980. Fire Chief Beeson appeared before Council and answered questions from Council Members Fitzpatrick and Higday in that he did not know the effect of gas consumption and mileage in going to a larger engine; and this vehicle was similar to those used in surrounding communities. Mr. Beeson stated there were several items in the bid specifications that American Fire Equipment did not answer specifically. Mr. Jim Costello, 938 Elizabeth Street, Denver, repre- sentative from American Fire Equipment, appeared before Council. In response to Council's questions, Mr. Costello stated there was probably miscommunication between his office in Denver and the of- fice that prepared the bid in Kansas City which resulted in not all bid specifications being answered. Mr. Costello stated his company could probably provide those items not addressed in the bid submission. City Manager McCown advised Council against negotiating these items without contacting the other bidders as well. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE BID FROM MODU- LAR VEHICLE FOR THE MINI-PUMPER. Council Member Fitzpatrick sec- onded the motion. Council Member Keena stated she believed in the "Request For Proposal" process, the specifications that were sent out were detailed and specific and it was the obligation of the company to respond to those items exactly as detailed in the "RFP". Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • - • • January 21, 1980 Page 14 • • • City Manager McCown transmitted a memorandum from the Director of Engineering Services concerning streets and cost esti- mates for Paving District No. 27. Mr. McCown also pointed out the calendar of events regarding this paving district and discussed the procedure through which a district was handled. * * * * * * City Manager McCown presented a memorandum from the Di- rector of Engineering Services concerning the award of bid for the filtration plant north basin storm sewer project and recommended the award be made to Proto Construction. Mr. McCown stated Di- rector Diede was present to answer questions. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE RECOMMENDATION FOR AWARD FOR THE NORTH STORM SEWER PROJECT AS WRITTEN IN AGENDA ITEM 8D. Council Member Neal seconded the motion. Upon a call of the 'roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown made reference to earlier discussion on the City Survey. Mr. McCown stated Council had authority to de- lete all funds for this project as well as direct the City to start the process over if they did not agree with the way it was handled. Mr. McCown acknowledged it was an administrative responsibility to award the bid; however, Council could direct different procedures. Mr. McCown informed Council the Englewood Herald Sentinel was publishing a directory of all businesses in the City; and staff could refer to it when soliciting for projects in the future, if Council so desired. Mayor Otis stated from his past experience with RFP's he found nothing wrong with the procedure that was used and it was not incumbent on the City to look for businesses. It was the responsi- bility of businesses to inform the City of their qualifications. Mayor Pro Tern Bradshaw instructed the City Manager to write a letter to the Chamber of Commerce asking businesses to register with the City. * * * * * *' • I • • • January 21 , 1980 Page 15 • • • City Manager McCown presented a memorandum and resolution concerning the Six Quarter Budget from January 1, 1980 to June, 1981. RESOLUTION NO. 2 SERIES OF 1980 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 2, SERIES OF 1980, AMENDING THE PUBLIC IMPROVEMENT FUND AND ALLOCAT- ING THE BUDGET AS SHOWN IN THE RESOLUTION. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO RATIFY THE LIFETIME MEM- BERSHIP TO THE ENGLEWOOD GOLF COURSE FOR JAMES L. TAYLOR. Coun- cil 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 FITZPATRICK MOVED TO SET MARCH 10, 1980 , FOR THE PUBLIC HEARING ON THE 201 PLAN FOR THE BI-CITY TREATMENT PLANT AT 7 :30 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, Bi lo, Bradshaw, Otis. None . The Mayor declared the motion carried. * * * * * * I • - • • • January 21, 1980 Page 16 • • • City Manager asked for direction on a request from the Chamber of Commerce to hold a reception in honor of the new Council. Mr. McCown stated the Chamber would like to hold the reception at the First National Bank building. Council directed the City Manager to inform the Chamber that some date during the first week of February was be suitable. * * * * * * Council directed the City Manager to make arrangements for the City to participate in the St. Patrick's Day Parade on March 15th. Mayor Pro Tern Bradshaw noted certain Council Members would be out of town on that date and suggested that each school in Englewood send a student representative to ride the Cherrelyn Horse Car. * * * * * * City Manager McCown informed Council of Mr. M. M. Summers's death and stated the funeral would be Tuesday, at 11:00 a.m. at the Hampden Hills Baptist Church located at University and Dartmouth. Mr. McCown stated he had ordered a floral arrangement to be sent. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE FOLLOW-ING APPOINTMENTS TO THE BUILDING CODE REVIEW COMMITTEE: GENERAL CONTRACTOR (LARGE) GENERAL CONTRACTOR (SMALL) ELECTRICAL CONTRACTOR PLUMBING/MECHANICAL CON- TRACTOR ARCHITECT CITIZENS WALLY PREBIS, COLORADO PRESTRESS ASSO. RAY SMITH, TRIPLE T ELECTIRC DENNIS KENNY, KENNY ELECTRIC ART CHAPUT, CHAPUT PLUMBING CORK OSBOURN, CORK DESIGNS JAMES T. TOTTON AND WAYNE BURGET Council Member Bradshaw seconded the motion. Mayor Otis stated letters should be sent to people who were not appointed. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. • I • - ' • • • January 21, 1980 Page 17 • • • The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Coun-cil Member Fitzpatrick seconded the motion. Mayor Otis adjourned the meeting without a vote at 10 :30 p.m • • I • - (( • • • REGULAR MEETING : • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 21 . 1980 lb The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on January 21, 1980, at 7 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend T. J. Kelly, Saint Louis Catholic Church, 3310 South Sherman Street. The pledge of allegiance was led by Cadet Senior Troop 1765 of the Girl Scouts of America. 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 Curnes City Attorney Berardini Director of Engineering Services Diede Fire Chief Beeson Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BILO MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 7, 1980. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. ·The Mayor declared the motion carried. * * * * * * I • - • • January 21, 1980 Page 2 • • • Pre-scheduled visitor, Mr. Ken Haraldsen, 3018 South Washington Street, was present and discussed his proposal that the City of Englewood take full responsibility for all water mains within the City. Mr. Haraldsen also discussed deleting the cat law from the animal ordinance. Mr. Haraldsen stated he thought inadequate facilities existed at the shelter to care for the cats; and he thought it would be embarrassing for people to take their neigh- bors' cats to the shelter on the grounds that the cats were a nui-sance. City Manager McCown responded that Council had directed the City to take over the water lines and have provided to do so with personnel and equipment. Also, cat cages have been ordered by the police department to help enforce the cat law under the animal ordinance. * * * * * * Mayor Otis asked if there were any other visitors in the audience wishing to speak to Council at this time. Mrs. Beverlee Howe, 3255 South Delaware, appeared before Council. Mrs. Howe expressed her concerns on allowing citizens to trap cats. Mrs. Howe feared people who disliked cats would take advantage of the availability of traps and many captured cats would never get taken to the shelter for reclaim by the owner. City Manager McCown stated the City would control handl-ing the distribution of cat traps. Council discussed the cat law at length with Mrs. Howe. Mayor Otis assured Mrs. Howe the new law would not be a license to trap cats. Council granted Mr. Haraldsen's request to appear again before Council. Mr. Haraldsen's expressed concerns regarding how assessment of fines were going to be handled if the captured cats were proven to be strays. Council Member Bilo it was a new law for the protection of cat owners as well as a law to help people who view stray cats as a nuisance. Council Member Higday stated the law may be revised; but the citizens should first see if it will work. * * * * * * Mr. Joe Zylstra, 4941 South Clarkson Street, appeared before Council and expressed his disappointment over the selection • I • - (( • • • • January 21, 1980 Page 3 of a firm to perform the City Survey. Mr. Zylstra stated he had wanted a chance to offer a proposal and his firm had not been asked to submit one. Mayor Otis stated the process was an administrative one and asked Mr. McCown to explain the process. Mr. Zylstra stated it had already been explained to him. He only wanted to voice his concerns. Council Member Higday stated he understood no one on the City staff knew Mr. Zylstra was in the business of surveying. Mr. Higday suggested that Mr. Zylstra write a letter to the City informing the staff of his firm and what kind of business they would be interested in performing for the City. City Manager McCown stated Council had the authority to determine whether this selection procedure was satisfactory or unsatisfactory and could order the selection process to be done differently. Council Member Neal stated Council could not direct a change of action in this particular case; however, they would be alert to the procedure in the future. In response to Council Member Bilo's question, City Manager McCown there would be no guarantee that Mr. Zylstra's firm would have been chosen if he had been contacted. Mr. McCown stated factors other than cost are taken into considera- tion. Council Member Higday stated Council had no authority to change the selection at this time; however, he encouraged Mr. Zylstra to get his name on record with the City and on future- related projects, his firm would be considered. Council Member Bilo agreed with Mr. Higday's statement. were: * * * * * * There were no other visitors to be heard at this time. * * * * * * "Communications -No Action Recommended" on the agenda (a) (b) Minutes of the Planning and Zoning Commission meeting of December 4, 1979. Minutes of the Board of Adjustment and Appeals meeting of December 12, 1979 • I • • - • • • January 21, 1980 Page 4 (c) (d) (e) (f) (g) (h) • • • Minutes of the Denver Regional Council of Governments meeting o f December 19, 1979. Minutes of the Public Library Board meeting of January 8, 1980. Minutes of the Water and Sewer Board meeting of January 8, 1980. Minutes of the Downtown Development Authority meeting of January 9, 1980. Municipal Court Activity Report for the month of December, 1979 with total annual figures. Memorandum from the Dir e ctor of Libraries to the City Manager concerning the resignation of Mr. Paul Busch from the Public Library Board. Council instructed Mr. McCown to write a letter to Mr. Busch expressing their appreciation for the work he had done on the Public Library Board. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE "COMMUNICATIONS -NO ACTION RECOMMENDED". Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a request for an annual renewal of a hotel/restaurant license for Fratelli's Pizza, 1200 East Hampden Avenue. COUNCIL MEMBER KEENA MOVED TO GRANT THE REQUEST FOR AN ANNUAL RENEWAL OF A HOTEL/RESTAURANT LICENSE FOR FRATELLI'S PIZZA, 1200 East Hampden Avenue. Council Member Higday seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Ot i s • I • - ( (( • • • January 21, 1980 Page 5 Nays : None. • • • The Mayor declared the motion carried. * * * * * * Mayor Otis presented a recommendation from the Public Library Board of January 8, 1980, concerning a Council Member appointment to the Board. Mayor Otis noted it was Council's option to make such an appointment. COUNCIL MEMBER NEAL MOVED TO POSTPONE CONSIDERATION OF AN APPOINTMENT OF A COUNCIL MEMBER TO THE PUBLIC LIBRARY BOARD UNTIL COUNCIL HAS INTERVIEWED CITIZEN CANDIDATES AND HAS HAD A CHANCE TO DISCUSS WHO COUNCIL MIGHT WANT TO PUT ON THE BOARD. Council Member Higday seconded. Council Member Keena stated she had talked with Lois Sterling and assured Mrs. Sterling that she (Ms. Keena) would attend the Board's meeting on February 5th and until Council has had time to interview the candidates. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Assistant City Manager Curnes presented the recommenda- tion from the Water and Sewer Board meeting of January 8, 1980, concerning approval of annexation of additional land into the Valley Sanitation District service area. Mr. Curnes stated the Board recommended that Council approve Supplement 11 to Valley Sanitation District subj e ct to receipt of a letter from Valley Sanitation District that acknowledges understanding by the Dis- trict that no additional taps will be granted under the tap al- location formula because of the additional land added to the Dis- trict under this and future supplements. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE ADDITIONAL LAND TO THE VALLEY SANITATION SERVICE AREA WITH THE STIPULATION THAT NO ADDITIONAL TAP ALLOCATIONS WOULD BE GIVEN. Council Mem- ber Bradshaw seconded the motion. Council Member Higday asked Mr. Curnes how the motion would affect the capacity capability of the plant • I • - • • January 21, 1980 Page 6 • • • Mr. Curnes replied the tap allocation program adopted by the Council in November, 1979, indicated there was capacity to add to the plant at a specified rate. Under the allocation program, each of the sanitation districts served by Englewood was allocated a certain number of taps and the addition of this annexation of land to the Valley Sanitation District was witb the understanding that with the additional land they would not add more taps unless allocated under the previous ordinance of Coun- cil. Mr. Curnes stated the districts were willing to acknowledge this policy with a letter. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Assistant City Manager Curnes presented the recommenda- tion from the Water and Sewer Board meeting of January 8, 1980, concerning approval of annexation of additional land into South- gate Sanitation District service area. Mr. Curnes stated the Board recommended approval to annex Supplement 70 to Southgate Sanitation District. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE ANNEXATION OF ADDITIONAL LAND INTO SOUTHGATE SANITATION SERVICE AREA WITH THE STIPULATION THAT NO ALLOCATION OF FURTHER TAPS WOULD BE GIVEN. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • Nays: None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a recommendation from the Plan- ning and Zoning Commission meeting of September 26, 1979, con- cerning the vacation of the Acoma/Bannock alley located north of Jefferson Avenue. • I • • - f (( • • • January 21, 1980 Page 7 • • • COUNCIL MEMBER BILO MOVED TO APPROVE THE VACATION OF ACOMA/BANNOCK ALLEY BETWEEN WEST JEFFERSON AVENUE AND THE CITY CITY DITCH WITH AN EASEMENT OF 16 FEET TO BE REQUIRED FOR THE EXISTING SEWER LINE PLUS THE RIGHT OF INGRESS AND EGRESS ACROSS THE PROPERTY. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. COUNCIL MEMBER FITZPATRICK MOVED TO BRING FORTH THE BILL FOR AN ORDIANCE CONCERNING THE AFOREMENTIONED MOTION BY COUNCIL MEMBER BILO. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. City Attorney Berardini noted Council Member Bilo's motion regarding the 16 foot right-of-way/easement should be reflected in Section 4 of the bill. ORDINANCE NO. SERIES OF 1980-- BY AUTHORITY A BILL FOR COUNCIL BILL NO. 3 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE VACATING A CERTAIN ALLEY LYING BETWEEN SOUTH ACOMA AND SOUTH BANNOCK STREETS, NORTH OF WEST JEFFERSON AVENUE AND RETAINING AN EASEMENT THEREIN. COUNCIL MEMBER BILO MOVED THAT THE TERMINOLOGY BE CHANGED IN SECTION 4, SECOND LINE, STRIKING THE FIRST WORD "THE" AND INSERTING "16 FOOT". Council Member Keena seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I . - • • January 21, 1980 Page 8 Nays : None. • • • The Mayor d e clared the motion carried. Council Member Higday stated he had reservations on passing the ordinance considering the fact the parcel of land that is presently next to it was vacated a short time ago to the same party and this would give that party another 16 foot of land. Considering the price of property today, Council may be causing the City problems in the future. Council Member Fitzpatrick stated he did not want to give away land unnecessarily. Council requested Mr. William Davis, 105 W. Jefferson Avenue, to appear before Council. In response to Council's ques- tions, Mr. Davis stated he and his neighbor Mr. Neil Marcus were interested in developing the property into professional building of some sort. Mr. Davis recognized that the property owner would incur the cost of moving the sewer line. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 3, SERIES OF 1980, ON FIRST READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council communication concern- ing review and approval of the Downtown Development Authority's 1 980 budget and approval of the Executive Director's contract. COUNCIL MEMBER NEAL MOVED TO APPROVE THE EXECUTIVE DIRECTOR'S CONTRACT AND THE EDDA BUDGET FOR 1980. Council Mem- ber Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO TABLE THE MOTION UNTIL COUNCIL CAN DISCUSS IT IN A STUDY SESSION. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • - (f • • • Janaury 21, 1980 Page 9 Nays: None. • • • The Mayor declared the motion carried. Council designated February 4th for the study session and to have Mr. James Keller, Executive Director of EDDA, present. * * * * * * Mayor Otis presented a Council communication from the City Manager concerning the NLC Congressional-City Conference in Washington, D.C., March 16-18, 1980. COUNCIL MEMBER KEENA MOVED THAT THIS ITEM BE DELAY UN- TIL AFTER RECESS. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Council granted permission for Mr. Fred Kaufman, Board member of the EDDA, to come forward. Mr. Fred Kaufman, 2800 South University, stated he would be glad to answer any questions Council may have concerning the EDDA's 1980 budget and invited Council to attend their meetings. Council Member Keena noted there were some timing con- flicts with some members of Council since the EDDA either met in the mornings or during lunch. * * * * * * Mayor Otis presented a memorandum from the Municipal Court Judge concerning an appointment of Association Judge. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE MEMORANDUM DATED JANUARY 10, 1980, FROM LOUIS PARKINSON REGARDING THE AP- POINTMENT OF ASSOCIATE JUDGE GERALDINE ALLEN. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • I • - • • • January 21, 1980 Page 10 Nays : None. • • • The Mayor declared the motion carr i ed. City Attorney Berardini stated he would write a resolu- tion for Council consideration confirming the appointment. * * * * * * Mayor Otis declared a recess at 9:10p.m. The Council reconvened at 9 :25 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members, Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent : None. The Mayor declared a quorum present. * * * * * * Mayor Otis asked for designatees to the NLC Con-gressional-City Conference. COUNCIL MEMBER BILO MOVED THAT COUNCIL MEMBERS HIGDAY, NEAL, AND MAYOR PRO TEM BRADSHAW, AND CITY MANAGER MCCOWN ATTEND THE NATIONAL LEAGUE OF CITIES CONGRESSIONAL-CITY CONFERENCE. Coun- cil Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • ORDINANCE NO. 1 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 1 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN ARAPAHOE REGIONAL LIBRARY DISTRICT AND CITY OF ENGLEWOOD AND DECLARING AN EMERGENCY. • I • - (( • • • January 21, 1980 Page 11 • • • COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 1, SERIES OF 1980, ON FINAL READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 1 SERIES OF 1980 * * * * * * A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD TO JOIN WITH THE AMERICAN WATER WORKS ASSOCIATION IN A JUDICIAL CLARIFICATION OF THE ENVIRONMENTAL PROTECTION AGENCY'S REGULATION RELATING TO A MAXIMUM CONTAMINANT LEVEL FOR TOTAL TRIHALOMETHANES (TTHM) IN DRINKING WATER. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 1, SERIES OF 1980. Council Member Higday seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Neal requested the City Attorney and Director of Utilities to forward to Council any pertinent in- formation regarding the suit referenced in Resolution No. 1, Series of 1980 • * * * * * * City Attorney Berardini presented a memorandum con- cerning a Lease Extension Agreement with Continental National Bank and Western Property Management Company for a repeater station located on top of the bank commencing January 1, 1980 for five years. Council Members Fitzpatrick and Bilo inquired about the reasons why the rate was increased from $180 to $250 annually. Mr. Berardini stated he did not that information at the pre- sent time • • I • - • • • January 21, 1980 Page 12 • • • COUNCIL MEMBER FITZPATRICK MOVED TO POSTPONE THE AGREE- MENT UNTIL THE NEXT REGULAR COUNCIL MEETING FOR INFORMATIONAL PUR- POSES ONLY AS TO WHY THE RISE IN COST. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented an op1n1on from his office concerning the authority of City Council to authorize or order a recount of municipal elections. Mr. Berardini stated the opinion concluded that Council did not have the authority to order a recount of municipal elections. COUNCIL MEMBER FITZPATRICK MOVED THAT THE INFORMATION RECEIVED FROM THE CITY ATTORNEY BE SENT TO MRS. ISABELLA KNIGHT AND TO MRS. BEVERLEE HOWE ALONG WITH A COVER LETTER SIGNED BY THE MAYOR. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE 1980 BUDGET. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. City Manager McCown stated budgets were available in the Director of Finance/City Clerk's office. * * * * * * • I • - ( • c • January 21, 1980 Page 13 • • • City Manager McCown presented a memorandum from the Director of Finance and the Fire Chief concerning the bid for the mini-pumper. Mr. McCown stated the actual low bid in terms of cost was American Fire Equipment for $31,471. Other bids were Modular Vehicles -$32,182; Emergency I -$34,573; and ·sun Fire and Rescue -$40,500. Mr. McCown recommended to make the award to Modular Vehicles for the reasons set out in the memorandum. Mr. McCown stated Fire Chief Beeson as well as a representative from American Fire Equipment were present to answer any questions. Mr. McCown stated the bids were good until January 28, 1980. Fire Chief Beeson appeared before Council and answered questions from Council Members Fitzpatrick and Higday in that he did not know the effect of gas consumption and mileage in going to a larger engine; and this vehicle was similar to those used in surrounding communities. Mr. Beeson stated there were several items in the bid specifications that American Fire Equipment did not answer specifically. Mr. Jim Costello, 938 Elizabeth Street, Denver, repre- sentative from American Fire Equipment, appeared before Council. In response to Council's questions, Mr. Costello stated there was probably miscommunication between his office in Denver and the of- fice that prepared the bid in Kansas City which resulted in not all bid specifications being answered. Mr. Costello stated his company could probably provide those items not addressed in the bid submission. City Manager McCown advised Council against negotiating these items without contacting the other bidders as well. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE BID FROM MODU- LAR VEHICLE FOR THE MINI-PUMPER. Council Member Fitzpatrick sec- onded the motion. Council Member Keena stated she believed in the "Request For Proposal" process, the specifications that were sent out were detailed and specific and it was the obligation of the company to respond to those items exactly as detailed in the "RFP". Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • None. The Mayor declared the motion carried. * * * * * * I • - • • January 21, 1980 Page 14 • • • City Manager McCown transmitted a memorandum from the Director of Engineering Services concerning streets and cost esti- mates for Paving District No. 27. Mr. McCown also pointed out the calendar of events regarding this paving district and discussed the procedure through which a district was handled. * * * * * * City Manager McCown presented a memorandum from the Di- rector of Engineering Services concerning the award of bid for the filtration plant north basin storm sewer project and recommended the award be made to Proto Construction. Mr. McCown stated Di- rector Diede was present to answer questions. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE RECOMMENDATION FOR AWARD FOR THE NORTH STORM SEWER PROJECT AS WRITTEN IN AGENDA ITEM 8D. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown made reference to earlier discussion on the City Survey. Mr. McCown stated Council had authority to de- lete all funds for this project as well as direct the City to start the process over if they did not agree with the way it was handled. Mr. McCown acknowledged it was an administrative responsibility to award the bid ; however, Council could direct different procedures. Mr. McCown informed Council the En g lewood Herald Sentinel was publishing a directory of all businesses in the City ; and staff could refer to it when soliciting for projects in the future, if Council so desired. Mayor Otis stated from his past experience with RFP's he found nothing wrong with the procedure that was used and it was not incumbent on the City to look for businesses. It was the responsi- bility of businesses to inform the City of their qualifications. Mayor Pro Tern Bradshaw instructed the City Manager to write a letter to the Chamber of Commerce asking businesses to register with the City. * * * * * * • I • - ( ( • • c • January 21, 1980 Page 15 • • • City Manager McCown presented a memorandum and resolution concerning the Six Quarter Budget from January l, 1980 to June, 1981. RESOLUTION NO. 2 SERIES OF 1980 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 2, SERIES OF 1980, AMENDING THE PUBLIC IMPROVEMENT FUND AND ALLOCAT- ING THE BUDGET AS SHOWN IN THE RESOLUTION. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal , Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO RATIFY THE LIFETIME MEM- BERSHIP TO THE ENGLEWOOD GOLF COURSE FOR JAMES L. TAYLOR. Coun- cil 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 FITZPATRICK MOVED TO SET MARCH 10, 1980, FOR THE PUBLIC HEARING ON THE 201 PLAN FOR THE BI-CITY TREATMENT PLANT AT 7 :30 P.M. Council Member Keena seconded the motion . Upon a call of the roll , the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays : None. The Mayor declared the motion carried. * * * * * * • I • - • • • January 21, 1980 Page 16 • • • City Manager asked for direction on a request from the Chamber of Commerce to hold a reception in honor of the new Council. Mr. McCown stated the Chamber would like to hold the reception at the First National Bank building. Council directed the City Manager to inform the Chamber that some date during the first week of February was be suitable. * * * * * * Council directed the City Manager to make arrangements for the City to participate in the St. Patrick's Day Parade on March 15th. Mayor Pro Tern Bradshaw noted certain Council Members would be out of town on that date and suggested that each school in Englewood send a student representative to ride the Cherrelyn Horse Car. * * * * * * City Manager McCown informed Council of Mr. M. M. Summers's death and stated the funeral would be Tuesday, at 11:00 a.m. at the Hampden Hills Baptist Church located at University and Dartmouth. Mr. McCown stated he had ordered a floral arrangement to be sent. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE FOLLOW-ING APPOINTMENTS TO THE BUILDING CODE REVIEW COMMITTEE: GENERAL CONTRACTOR (LARGE) GENERAL CONTRACTOR (SMALL) ELECTRICAL CONTRACTOR PLUMBING/MECHANICAL CON- TRACTOR ARCHITECT CITIZENS WALLY PREBIS, COLORADO PRESTRESS ASSO. RAY SMITH, TRIPLE T ELECTIRC DENNIS KENNY, KENNY ELECTRIC ART CHAPUT, CHAPUT PLUMBING CORK OSBOURN, CORK DESIGNS JAMES T. TOTTON AND WAYNE BURGET Council Member Bradshaw seconded the motion. Mayor Otis stated letters should be sent to people who were not appointed. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. I • - - ( ( • • January 21, 1980 Page 17 • • • The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Coun- cil Member Fitzpatrick seconded the motion. Mayor Otis adjourned the meeting without a vote at 10:30 p.m. I . - • • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 21 , 1980 lb The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on January 21, 1980, at 7:30p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend T. J. Kelly, Saint Louis Catholic Church, 3310 South Sherman Street. The pledge of allegiance was led by Cadet Senior Troop 1765 of the Girl Scouts of America. 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 Curnes City Attorney Berardini Director of Engineering Services Diede Fire Chief Beeson Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BILO MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 7, 1980. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • None. The Mayor declared the motion carried. * * * * * * • I • - ct • • January 21 , 1980 Page 2 • • • Pre -scheduled visitor, Mr. Ken Haraldsen, 3018 South Washington Street, was present and discussed his proposal that the City of Englewood take full responsibility for all water mains within the City. Mr. Haraldsen also discussed deleting the cat law from the animal ordinance. Mr. Haraldsen stated he thought inadequate facilities existed at the shelter to care for the cats; and he thought it would be embarrassing for peopl e to take their neigh- bors' cats to the shelter on the grounds that the cats we re a nui-sance. City Manager McCown responded that Council had directed the City to take over the water lines and have provided to do so with personnel and equipment. Also, cat cages have been ordered by the police department to help enforce the cat law under the animal ordinance. * * * * * * Mayor Otis asked if there were any other visitors in the audience wishing to speak to Council at this time. Mrs. Beverlee Howe, 3255 South Delaware, appeared before Council. Mrs. Howe expressed her concerns on allowing citizens to trap cats. Mrs. Howe feared people who disliked cats would take advantage of the availability of traps and many captured cats would never get taken to the shelter for reclaim by the owner. City Manager McCown stated the City would control handl-ing the distribution of cat traps. Council discussed the cat law at length with Mrs. Howe. Mayor Otis assured Mrs. Howe the new law would not be a license to trap cats. Council granted Mr. Haraldsen's request to appear again before Council. Mr. Haraldsen's expressed concerns regarding how assessment of fines were going to be handled if the captured cats were proven to be strays. Council Member Bilo it was a new law for the protection of cat owners as well as a law to help people who view stray cats as a nuisance. Council Member Higday stated the law may be revised; but the citizens should first see if it will work. * * * * * * Mr. Joe Zylstra, 4941 South Clarkson Street, appeared before Council and expressed his disappointment over the selection • ... I • - ( u • • • January 21 , 1980 Page 3 • • • of a firm to perform the City Survey. Mr. Zylstra stated he had wanted a chance to offer a proposal and his firm had not been asked to submit one. Mayor Otis stated the process was an administrative one and asked Mr. McCown to explain the process. Mr. Zylstra stated it had already been explained to him. He only wanted to voice his concerns. Council Member Higday stated he understood no one on the City staff knew Mr. Zylstra was in the business of surveying. Mr. Higday suggested that Mr. Zylstra write a letter to the City informing the staff of his firm and what kind of business they would be interested in performing for the City. City Manager McCown stated Council had the authority to determine whether this selection procedure was satisfactory or unsatisfactory and could order the selection process to be done differently. Council Member Neal stated Council could not direct a change of action in this particular case; however, they would be alert to the procedure in the future. In response to Council Member Bilo's question, City Manager McCown there would be no guarantee that Mr. Zylstra's firm would have been chosen if he had been contacted. Mr. McCown stated factors other than cost are taken into considera-tion. Council Member Higday stated Council had no authority to change the selection at this time; however, he encouraged Mr. Zylstra to get his name on record with the City and on future- related projects, his firm would be considered. Council Member Bilo agreed with Mr. Higday's statement. were: * * * * * * There were no other visitors to be heard at th i s time • * * * * * * "Colllllunications -No Action Recommended" on the agenda (a) (b) Minutes of the Planning and Zoning Commission meeting of December 4, 1979. Minutes of the Board of Adjustment and Appeals meeting of December 12, 1979 • • I • • - • January 21, 1980 Page 4 (c) (d) (e) (f) (g) (h) • • • Minutes of the Denver Regional Council of Governments meeting of December 19, 1979. Minutes of the Public Library Board meeting of January 8, 1980. Minutes of the Water and Sewer Board meeting of January 8, 1980. Minutes of the Downtown Development Authority meeting of January 9, 1980. Municipal Court Activity Report for the month of December, 1979 with total annual figures. Memorandum from the Director of Libraries to the City Manager concerning the resignation of Mr. Paul Busch from the Public Library Board. Council instructed Mr. McCown to write a letter to Mr. Busch expressing their appreciation for the work he had done on the Public Library Board. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE "COMMUNICATIONS -NO ACTION RECOMMENDED". Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday , Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a request for an annual renewal of a hotel/restaurant license for Fratelli's Pizza, 1200 East Hampden Avenue. COUNCIL MEMBER KEENA MOVED TO GRANT THE REQUEST FOR AN ANNUAL RENEWAL OF A HOTEL/RESTAURANT LICENSE FOR FRATELLI'S PIZZA, 1200 East Hampden Avenu e . Council Member Higday seconded the mo- tion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Higday, Neal, Fitzpatr i ck, Keena , Bilo, Bradshaw, Otis • • I • - l 0 • ( • January 21, 1980 Page 5 Nays : Non e . • • • The Mayor declared the motion carried. * * * * * * Mayor Otis presented a recommendation from the Public Library Board of January 8, 1980 , concerning a Council Member appointment to the Board. Mayor Otis noted it was Council's option to make such an appointment. COUNCIL MEMBER NEAL MOVED TO POSTPONE CONSIDERATION OF AN APPOINTMENT OF A COUNCIL MEMBER TO THE PUBLIC LIBRARY BOARD UNTIL COUNCIL HAS INTERVIEWED CITIZEN CANDIDATES AND HAS HAD A CHANCE TO DISCUSS WHO COUNCIL MIGHT WANT TO PUT ON THE BOARD. Council Member Higday seconded. Council Member Keena stated she had talked with Lois Sterling and assured Mrs. Sterling that she (Ms. Keena) would attend the Board's meeting on February 5th and until Council has had 'time to interview the candidates. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Assistant City Manager Curnes presented the recommenda- tion from the Water and Sewer Board meeting of January 8, 1980, concerning approval of annexation of additional land into the Valley Sanitation District service area. Mr. Curnes stated the Board recommended that Council approve Supplement 11 to Valley Sanitation District subject to receipt of a letter from Valley Sanitation District that acknowledges understanding by the Dis- trict that no additional taps will be granted under the tap al- location formula because of the additional land added to the Dis- trict under this and future supplements. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE ADDITIONAL LAND TO THE VALLEY SANITATION SERVICE AREA WITH THE STIPULATION THAT NO ADDITIONAL TAP ALLOCATIONS WOULD BE GIVEN. Council Me~ ber Bradshaw seconded the motion. Council Member Higday asked Mr. Curnes how the motion would affect the capacity capability of the plant • • • I • - • January 21, 1980 Page 6 • • • Mr. Curnes replied the tap allocation program adopted by the Council in November, 1979, indicated there was capacity to add to the plant at a specified rate. Under the allocation program, each of the sanitation districts served by Englewood was allocated a certain number of taps and the addition of this annexation of land to the Valley Sanitation District was with the understanding that with the additional land they would not add more taps unless allocated under the previous ordinance of Coun- cil. Mr. Curnes stated the districts were willing to acknowledge this policy with a letter. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Assistant City Manager Curnes presented the recommenda- tion from the Water and Sewer Board meeting of January 8, 1980, concerning approval of annexation of additional land into South- gate Sanitation District service area. Mr. Curnes stated the Board recommended approval to annex Supplement 70 to Southgate Sanitation District. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE ANNEXATION OF ADDITIONAL LAND INTO SOUTHGATE SANITATION SERVICE AREA WITH THE STIPULATION THAT NO ALLOCATION OF FURTHER TAPS WOULD BE GIVEN. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a recommendation from the Plan- ning and Zoning Commission meeting of September 26, 1979, con- cerning the vacation of the Acoma/Bannock alley located north of Jefferson Avenue. • I • • - L • ( • January 21 , 1980 Page 7 • • • COUNCIL MEMBER BILO MOVED TO APPROVE THE VACATION OF ACOMA/BANNOCK ALLEY BETWEEN WEST JEFFERSON AVENUE AND THE CITY CITY DITCH WITH AN EASEMENT OF 16 FEET TO BE REQUIRED FOR THE EXISTING SEWER LINE PLUS THE RIGHT OF INGRESS AND EGRESS ACROSS THE PROPERTY. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. COUNCIL MEMBER FITZPATRICK MOVED TO BRING FORTH THE BILL FOR AN ORDIANCE CONCERNING THE AFOREMENTIONED MOTION BY COUNCIL MEMBER BILO. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. City Attorney Berardini noted Council Member Bilo's motion regarding the 16 foot right-of-way/easement should be reflected in Section 4 of the bill. ORDINANCE NO. SERIES OF 1980-- BY AUTHORITY A BILL FOR COUNCIL BILL NO. 3 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE VACATING A CERTAIN ALLEY LYING BETWEEN SOUTH ACOMA AND SOUTH BANNOCK STREETS, NORTH OF WEST JEFFERSON AVENUE AND RETAINING AN EASEMENT THEREIN. COUNCIL MEMBER BILO MOVED THAT THE TERMINOLOGY BE CHANGED IN SECTION 4, SECOND LINE, STRIKING THE FIRST WORD "THE" AND INSERTING "16 FOOT". Council Member Keena seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena , Bilo, Bradshaw, Otis. • I • - • January 21 , 1980 Page 8 Nays: None. • • • The Mayor declared the motion carried. Council Member Higday stated he had reservations on passing the ordinance considering the fact the parcel of land that is presently next to it was vacated a short time ago to the same party and this would give that party another 16 foot of land. Considering the price of property today, Council may be causing the City problems in the future. Council Member Fitzpatrick stated he did not want to give away land unnecessarily. Council requested Mr. William Davis, 105 W. Jefferson Avenue, to appear before Council. In response to Council's ques- tions, Mr. Davis stated he and his neighbor Mr. Neil Marcus were interested in developing the property into professional building of some sort. Mr. Davis recognized that the property owner would incur the cost of moving the sewer line. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 3, SERIES OF 1980, ON FIRST READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council communication concern- ing review and approval of the Downtown Development Authority's 1980 budget and approval of the Executive Director's contract. COUNCIL MEMBER NEAL MOVED TO APPROVE THE EXECUTIVE DIRECTOR'S CONTRACT AND THE EDDA BUDGET FOR 1980. Council Mem- ber Bradshaw seconded the motion. COUNCIL MEMBER KEENA MOVED TO TABLE THE MOTION UNTIL COUNCIL CAN DISCUSS IT IN A STUDY SESSION. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • - l • ( • Janaury 21 , 1980 Page 9 Nays : None. • • • The Mayor declared the motion carried. Council designated February 4th for the study session and to have Mr. James Keller, Executive Director of EDDA, present. * * * * * * Mayor Otis presented a Council communication from the City Manager concerning the NLC Congressional-City Conference in Washington, D.C., March 16-18 , 1980. COUNCIL MEMBER KEENA MOVED THAT THIS ITEM BE DELAY UN- TIL AFTER RECESS. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Council granted permission for Mr. Fred Kaufman, Board member of the EDDA, to come forward. Mr. Fred Kaufman , 2800 South University, stated he would be glad to answer any questions Council may have concerning the EDDA's 1980 budget and invited Council to attend their meetings. Counc i l Member Keena noted there were some timing con- flicts with som e members of Council since the EDDA either met in the mornings or dur i ng lunch. * * * * * * Mayor Ot i s pre sented a memorandum from the Municipal Court Judge concern i ng an appointment of Association Judge. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE MEMORANDUM DATED JANUARY 10 , 1980, FROM LOUIS PARKINSON REGARDING THE AP- POINTMENT OF ASSOCIATE JUDGE GERALDINE ALLEN. Council Member Bilo seconded the mot i on. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • - • January 21, 1980 Page 10 Nays: None. • • • The Mayor declared the motion carried. City Attorney Berardini stated he would write a resolu- tion for Council consideration confirming the appointment. * * * * * * Mayor Otis declared a recess at 9 :10p.m. The Council reconvened at 9:25 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members, Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Mayor Otis asked for designatees to the NLC Con-gressional-City Conference. COUNCIL MEMBER BILO MOVED THAT COUNCIL MEMBERS HIGDAY, NEAL, AND MAYOR PRO TEM BRADSHAW, AND CITY MANAGER MCCOWN ATTEND THE NATIONAL LEAGUE OF CITIES CONGRESSIONAL-CITY CONFERENCE. Coun- cil Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fit~patrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 1 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 1 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN ARAPAHOE REGIONAL LIBRARY DISTRICT AND CITY OF ENGLEWOOD AND DECLARING AN EMERGENCY. • I • - - ( • ( • January 21, 1980 Page 11 • • • COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 1, SERIES OF 1980, ON FINAL READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 1 SERIES OF 1980 * * * * * * A RESOLUTION AUTHORIZING THE CITY OF ENGLE\oK)()D TO JOIN WITH THE AMERICAN WATER WORKS ASSOCIATION IN A JUDICIAL CLARIFICATION OF THE ENVIRONMENTAL PROTECTION AGENCY'S REGULATION RELATING TO A MAXIMUM CONTAMINANT LEVEL FOR TOTAL TRIHALOMETHANES (TTHM) IN DRINKING WATER. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 1, SERIES OF 1980. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Neal requested the City Attorney and Director of Utilities to forward to Council any pertinent in- formation regarding the suit referenced in Resolution No. 1, Series of 1980 • * * * * * * City Attorney Berardini presented a memorandum con- cerning a Lease Extension Agreement with Continental National Bank and Western Property Management Company for a repeater station located on top of the bank commencing January 1, 1980 for five years. Council Members Fitzpatrick and Bilo inquired about the reasons why the rate was increased from $180 to $250 annually. Mr. Berardini stated he did not that information at the pre-sent time. • I • - • • • January 21, 1980 Page 12 • • • COUNCIL MEMBER FITZPATRICK MOVED TO POSTPONE THE AGREE- MENT UNTIL THE NEXT REGULAR COUNCIL MEETING FOR INFORMATIONAL PUR- POSES ONLY AS TO WHY THE RISE IN COST. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented an opLnLon from his office concerning the authority of City Council to authorize or order a recount of municipal elections. Mr. Berardini stated the opinion concluded that Council did not have the authority to order a recount of municipal elections. COUNCIL MEMBER FITZPATRICK MOVED THAT THE INFORMATION RECEIVED FROM THE CITY ATTORNEY BE SENT TO MRS. ISABELLA KNIGHT AND TO MRS. BEVERLEE HOWE ALONG WITH A COVER LETTER SIGNED BY THE MAYOR. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE 1980 BUDGET. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • City Manager McCown stated budgets were available in the Director of Finance/City Clerk's office. * * * * * * • I • - ( • January 21 , 1980 Page 13 • • • City Manager McCown presented a memorandum from the Director of Finance and the Fire Chief concerning the bid for the mini-pumper. Mr. McCown stated the actual low bid in terms of cost was American Fire Equipment for $31,471. Other bids were Modular Vehicles -$32,182; Emergency I -$34,573; and Sun Fire and Rescue -$40,500. Mr. McCown recommended to make the award to Modular Vehicles for the reasons set out in the memorandum. Mr. McCown stated Fire Chief Beeson as well as a representative from American Fire Equipment were present to an.wer any questions. Mr. McCown stated the bids were good until January 28, 1980. Fire Chief Beeson appeared before Council and answered quest i ons f rom Council Members Fitzpatrick and Higday in that he d i d not know the effect of gas consumption and mileage in going to a larger engine; and this vehicle was similar to those used i n s urrounding communities. Mr. Beeson stated there were several items in the bid specifications that American Fire Equipment did n ot answer specifically. Hr. Jim Costello, 938 Elizabeth Street, Denver, repre- senta tive from American Fire Equipment, appeared before Council. In response to Council's questions, Mr. Costello stated there was probably miscommunication between his office in Denver and the of- fice that prepared the bid in Kansas City which resulted in not all bid specifications being answered. Mr. Costello stated his company could probably provide those items not addressed in the bid submission. City Manager McCown advised Council against negotiating these items without contacting the other bidders as well. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE BID FROM MODU- LAR VEHICLE FOR THE MINI-PUMPER. Council Member Fitzpatrick sec- onded the motion. Council Member Keena stated she believed in the "Request For Proposal" process, the specifications that were sent out were detailed and specific and it was the obligation of the company to respond to those items exactly as detailed in the "RFP". Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • - • January 2 1, 1980 Page 14 • • • City Mana g er McCown transmitted a memorandum f rom the Director of Engineering Services concerning streets and cost esti- mates for Paving District No. 27. Mr. McCown a l so pointed out the calendar of events regarding this paving district and d i scussed the procedure through which a district was handled. * * * * * * City Manager McCown presented a memorandum from the Di- rector of Engineering Services concern i n g t h e award of bid fo r the filtration plant north basin storm sewer proj ect and recommended the award be made to Proto Construction. Mr. McCown stated Di- rector Diede was present to answer questions. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE RECOMMENDATION FOR AWARD FOR THE NORTH STORM SEWER PROJECT AS WRITTEN IN AGENDA ITEM 8D. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown made reference to earlier discussion on the City Survey. Mr. McCown stated Council had authority to de- lete all funds for this project as well as direct the City to start the process over if they did not agree with the way it was handled. Mr. McCown acknowledged it was an administrative responsibility to award the bid; however, Council could direct different procedures. Mr. McCown informed Council the Englewood Herald Sentinel was publishing a directory of all businesses in the City; and staff could refer to it when soliciting for projects in the future, if Council so desired. Mayor Otis stated from his past experience with RFP's he found nothing wrong with the procedure that was used and it was not incumbent on the City to look for businesses. It was the responsi- bility of businesses to inform the City of their qualifications. Mayor Pro Tern Bradshaw instructed the City Manager to write a letter to the Chamber of Commerce asking businesses to register with the City. * * * * * -k • I • • - • c • January 21, 1980 Page 15 • • • City Manager McCown presented a memorandum and resolution concerning the Six Quarter Budget from January 1, 1980 to June, 1981. RESOLUTION NO. 2 SERIES OF 1980 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 2 , SERIES OF 1980, AMENDING THE PUBLIC IMPROVEMENT FUND AND ALLOCAT- ING THE BUDGET AS SHOWN IN THE RESOLUTION. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO RATIFY THE LIFETIME MEM- BERSHIP TO THE ENGLEWOOD GOLF COURSE FOR JAMES L. TAYLOR. Coun- cil 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 FITZPATRICK MOVED TO SET MARCH 10, 1980, FOR THE PUBLIC HEARING ON THE 201 PLAN FOR THE BI-CITY TREATMENT PLANT AT 7:30P.M. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays : None. The Mayor declared the motion carried. * * * * * * • • I • - • • January 21, 1980 Page 16 • • • City Manager asked for direction on a request from the Chamber of Commerce to hold a reception in honor of the new Council. Mr. McCown stated the Chamber would like to hold the reception at the First National Bank building. Council directed the City Manager to inform the Chamber that some date during the first week of February was be suitable. * * * * * * Council directed the City Manager to make arrangements for the City to participate in the St. Patrick's Day Parade on March 15th. Mayor Pro Tern Bradshaw noted certain Council Members would be out of town on that date and suggested that each school in Englewood send a student representative to ride the Cherrelyn Horse Car. * * * * * * City Manager McCown informed Council of Mr. M. M. Summers's () death and stated the funeral would be Tuesday, at 11 :00 a.m. at the Hampden Hills Baptist Church located at University and Dartmouth. Mr. McCown stated he had ordered a floral arrangement to be sent. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE FOLLOW- ING APPOINTMENTS TO THE BUILDING CODE REVIEW COMMITTEE: GENERAL CONTRACTOR (LARGE) GENERAL CONTRACTOR (SMALL) ELECTRICAL CONTRACTOR PLUMBING/MECHANICAL CON- TRACTOR ARCHITECT CITIZENS WALLY PREBIS, COLORADO PRESTRESS ASSO. RAY SMITH, TRIPLE T ELECTIRC DENNIS KENNY, KENNY ELECTRIC ART CHAPUT , CHAPUT PLUMBING CORK OSBOURN, CORK DESIGNS JAMES T. TOTTON AND WAYNE BURGET Council Member Bradshaw seconded the motion. Mayor Otis stated letters should be sent to people who were not appointed. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. • I • - • • • January 21, 1980 Page l7 • • - The Mayor declared the motion carried. * * * * * * .. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Coun-cil Member Fitzpatrick seconded the motion. Mayor Otis adjourned the meeting without a vote at 10 :30 p.m. I I • - - • M d S ove d d econ e Higday Neal Fitzpatri ck Keena Bilo Bradshaw Otis ' Mdt~ ?14J 7J 1 ~ctu/2{_ ~b ~ • • • A •ye N ay Ab t Ab t 1 sen s a n I . . • - • • ROLL CALL Moved Seconded ~e Na_y Absent Abstain Higday ---Neal v Fitz_patr1ck L-- Keena ,__ Bilo L-- Bradshaw c.-- Otis 1--- I • • • • - • • - ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal - v-Fitzpatrick Keena -....--Bilo Bradshaw - Otis ;~ I . • • -• • --~ ----~ ROLL CALL Moved s econded Ave Nav Absent Abstain Hi g day -Heal Fitzoatrick Ke ena Blln Bradshaw Otis • • • -• • - ---- ROLL CALL Moved seco d n ed Ave Nay Absent Abstain I-Hi~~: day Neal Fitzoatrick Keena R1ln Bradshaw '----Otis • I . • • • -• • - ROLL CALL Moved Seconded Aye Nay Absent Abstain Hi~ day Neal Fitzpatrick Keena Bilo Bradshaw Otis • I . • • - • • - ROLL CALL fo\oved seco d d n e Aye Nay Absent Abstain -Higday Neal Fitzoatrick Keena R .lo Bradshaw Otis • I . • • - • • ROLL CALL Moved Second d e Aye Nay Hig day Absent Abstain Neal Fitzoatrick Keena Bi.lo Bradshaw Otis • I . • - • . . • - ROLL CALL Moved Seconded 0 Bradshaw • I . • • • - • • ROLL CALL Moved Seconded A lye Nay Absent Abstain Higday Neal Fitzpatrick Keena Ri.lo Bradshaw Otis • • I . • • - • .. I • - ROLL CALL Moved Seconded AYe Nay Absent Abstain Higday Neal Fitzoatrick Keena Silo Bradshaw Otis y3_;_,_ ~ fl-~~ ~ ~-~ /liAJ ~ tU-~~ I . . • • -• • - ROLL CALL M d S d d ove econ e Aye NaY Absent Abstain Higday Neal Fitzpatrick Keena Bilo Bradshaw Otis • • - • • - ROLL CALL M d S d ove econde Aye Nay Absent Abstain Higday ...__ Neal Fitzpatrick .~ Keena ---BIIa -Bradshaw Otis - • I . • • - • - ROLL CALL Moved d i Secon ed Aye NaL Absent Absta n Higday -Neal Fitzpatrick ---Keena Bi~o Bradshaw -Otis • I . • • '· - - • • • • • ROLL CALL Moved Seconded ~ ~ en s a n ~ Hi_g_d~ ~ Neal A e Na Abs t Ab t 1 Fitz.E_atrick Keena LBlli_ Bradshaw Otis _5j-~~-i ~J Ad -<!?1 ~ . c{J ~ -~~ /7)'\.UY>~ A CL ~ ~ ~ I . • -• • ROLL CALL M d S ove d d econ e A l.ye N ay Ab sen t Ab t 1 s a n Hi gday -Neal -F itzpatrick Keena - Bilo - Bradshaw Oti s - • I . • • - • • ---L----·~ ROLL CALL M d S ove d d econ e A •Ye N ay A bsen t Ab t i s a n Hig day Neal Fitzpatrick Keena Bilo Bradshaw Otis • I . • • -• • ---- ROLL CALL Moved Seconded Ave Nay Absent Abstain Hi ~~: day Neal ;--Fitzoatrlck Keena Bllo ,___ Bradshaw Otis tLJ--J-~ ~r:z::~~ h"' . ~, - • I . • - - • • • • • • ROLL CALL Moved Seconded A \Ye Nay Absent Abstain Higdav -Neal t---Fitzpatrick Keena Bilo ~ Bradshaw Otis jti'1~ Of? ~ ~ !I~' u~~~ft-C~ Pr~ t<-t a:~ I . • - • • ROLL CALL Moved Absent Abstain • ----- • I . • • -• • - ROLL CALL M d S ove d d econ e Aye Nay Absent 1 Absta n Hig_day -,.--Neal - Fitzpatrick -Keena - 1..---Bilo Bradshaw - Otis - I . • • - • • - -----~--_..) 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Higday Neal ...--Fitzpatrick Keena Bilo Bradshaw Otis • • I . • - - • I • • • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 7, 1980 /A The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on January 7, 1980 , at 8:08 p.m. Temporary Chairman Keena, presiding, called the meet-ing to order. * * * * * * Deputy City Clerk Watkins read the names of the eligible newly-elected Council Members: District I -Thomas R. Fitzpatrick; District II-John D. Neal; District III-James L. Higday, Jr.; At-Large -Beverly J. Bradshaw; At-Large -Eugene L. Otis. The Honorable J. Louis Parkinson, Municipal Court Judge, City of Englewood, Colorado, administered the oath of office to Council Members-elect Fitzpatrick, Neal, Higday, Bradshaw, and Otis. Temporary seats were assumed. * * * * * * Temporary Chairman Keena asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Bradshaw, Otis, Bilo , Keena. Absent: None. Temporary Chairman Keena declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Curnes City Attorney Berardini Municipal Court Judge Parkinson Deputy City Clerk Johannisson Deputy City Clerk Watkins * * * * * * Temporary Chairman Keena asked for nominations for Mayor • COUNCIL MEMBER HIGDAY NOMINATED COUNCIL MEMBER EUGENE L. OTIS FOR THE OFFICE OF MAYOR. Council Member Fitzpatrick seconded the nomination • I • - • • January 7, 1980 Page 2 ,. • • • COUNCIL MEMBER HIGDAY MOVED THAT NOMINATIONS CEASE FOR MAYOR. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Abstain: Council Members Higday, Neal, Fitzpatrick, Bradshaw, Bilo, Keena. None. Council Member Otis. Temporary Chairman Keena declared the motion carried. COUNCIL MEMBER HIGDAY MOVED TO ELECT COUNCIL MEMBER OTIS AS MAYOR FOR THE CITY OF ENGLEWOOD. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes : Nays: Abstain: Council Members Higday, Neal, Fitzpatrick, Bradshaw, Bilo, Keena. None. Council Member Otis. Temporary Chairman Keena declared the motion carried. Council Member Otis assumed the position of Mayor for the City of Englewood. * * * * * * Mayor Otis asked for nominations for Mayor Pro Tern. COUNCIL MEMBER FITZPATRICK NOMINATED COUNCIL MEMBER BEVERLY J. BRADSHAW FOR MAYOR PROTEM. Council Member Higday seconded the nomination. COUNCIL MEMBER HIGDAY MOVED THAT NOMINATIONS CEASE AND TO ELECT COUNCIL MEMBER BRADSHAW AS MAYOR PRO TEM. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Higday, Neal, Fitzpatrick, Bilo, Keena, Otis. None. Council Member Bradshaw. The Mayor declared the motion carried and Council Mem- ber Bradshaw assumed the position of Mayor Pro Tern. * * * * * • I • - • • • • • • January 7, 1980 Page 3 • • • A permanent seating arrangement was given. Mayor Otis stated he was open for other arrangements should any Council Member want to change the seating assignment. * * * * * * Mayor Otis presented tokens of appreciation to retiring City Council Members James Taylor, David Clayton, Donald L. R. Smith, Oliver Giseburt, Donald Williams , and former City Council Members Donald Weber, Donald Harper, and Vern Mann. Mr. Mann was not present to accept his memento. * * * * * * Mayor Otis declared a recess at 8 :25 p.m. for the pur- pose of allowing people in the audience time to visit with the old and new members of Council. Council reconvened at 8 :35 p.m. * * * * * * Council Members Higday, Neal , Bradshaw, Otis, and Bilo recognized their families and/or guests who were in the audience • * * * * * * COUNCIL MEMBER KEENA MOVED TO DESIGNATE THE ENGLEWOOD SENTINEL AS THE LEGAL NEWSPAPER FOR THE CITY OF ENGLEWOOD. Coun- cil Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday , Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO DELAY AGENDA ITEM 10 - ELECTION OF THE CITY COUNCIL MEMBERS TO VARIOUS BOARDS AND COMMIS- SIONS -UNTIL AGENDA ITEM l5A -COMMUNICATIONS-ACTION RECOMMENDED, MEMORANDUM FROM THE CITY MANAGER CONCERNING COUNCIL REPRESENTATION ON BOARDS AND COMMISSIONS. Council Member Neal seconded the motion. Upon a call o f the roll, the vote resulted as follows : Ayes.: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • None • • I • - - • • • January 7 , 1980 Page 4 • • • The Mayor declared the motion carried. * * * * * * Mr. Pat Myles, attorney, appeared before Council on be- half of Mr. and Mrs. Merle Koon in their request for a retail liq- uor license for their store -Englewood Liquors, 3434 South Broad- way. Mr. Myles stated the reasons why a license should be granted to Mr. and Mrs. Koon. Captain Ron Frazier, Englewood Police Department, appeared before Council and gave the incident report for Englewood Liquors for the past year; in particular, citing one call concerning sell of liquor to a minor. Mr. Myles presented Mr. Koon's background in the retail business and reported that the employee who made the sell was re- primanded and has since left the employment of Mr. Koon. Mr. Merle Koon, 7056 South Newland Street, Littleton, owner of Englewood Liquors, appeared before Council and discussed the incident. Mr. Koon confirmed Mr. Myles's statements concern- ing the incident and how it was later handled. Mr. Koon asked that the ex-employee be allowed to appear before Council. Council granted the request. Mr. Bill Culley, 3231 South Pennsylvania, appeared before Council. In response to Council's questions, Mr. Culley stated he had been given training and instruction on checking identification of customers before the incident occurred. Council had no further questions at this time. COUNCIL MEMBER HIGDAY MOVED THAT ENGLEWOOD LIQUORS, 3434 SOUTH BROADWAY, BE GRANTED THE RENEWAL OF A RETAIL LIQUOR STORE LI- CENSE. Council Member Keena seconded the motion • Council Members Bilo and Fitzpatrick spoke of the serious- ness of the matter and stated Council would be alert to any further violations at this establishment. Upon a call of the roll , the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • I • • - • • • • • January 7, 1980 Page 5 • • • Mr. Byron Sutton, 2500 West Hampden Avenue, #104, ap- peared before Council. Mr. Sutton addressed the problem of golf- ers driving golf balls at the Englewood Municipal Golf Course some of which swerve over into the trailer court where he resides. Mr. Sutton asked Council to study a way to eliminate the problem before spring golf season. Assistant City Manager twenty-five (25) trees have been barrier along the trailer court. the architect, superintendent of of Parks and Recreation has been ing at alternatives and costs to Curnes reported since January 1st added along the bank to act as a Mr. Curnes added a meeting with the golf course, and the Director scheduled for the purpose of look- further protect the trailer court. Council Member Higday asked Mr. Sutton to return to Coun- cil should there be any further problems. * * * * * * Mayor Otis asked if there were any other visitors wish- ing to speak to Council. Mr. William Davis, lOS West Jefferson, appeared before Council on behalf of himself and his neighbor-Neil Marcus, 189 West Jefferson. Mr. Davis asked Council to consider vacating an alley between the lots he and Mr. Marcus own. Mr. Davis stated a sewer line extends down the alley and referred to a letter writ- ten by Director of Utilities, Stu Fonda, wherein Mr. Fonda stated the Utility Department would agree to vacating the alley if the City could keep the 16 foot easement which is the same width of the alley and that the easement could possibly be moved along with the sewer line subject to approval at a later date. COUNCIL MEMBER BILO MOVED THAT THE MATTER BE BROUGHT BEFORE COUNCIL AT THE NEXT STUDY SESSION AND THAT COUNCIL RE- VIEW THE PLANNING AND ZONING RECOMMENDATIONS PRIOR TO MAKING ANY DETERMINATION ON WHAT NEEDS TO BE DONE. Council Member Higday seconded the motion • Mr. Davis explained he had hoped Council would consider the ordinance vacating the alley at this meeting; but if this was not possible, he would appreciate Council's action on it as soon as was possible. COUNCIL MEMBER NEAL MOVED TO AMEND THE MOTION TO RE- QUEST THAT THE STUDY SESSION PACKET INCLUDE AN ORDINANCE SO THAT IF COUNCIL DECIDES TO GRANT THE VACATION OF RIGHT-OF-WAY, IT COULD BE DONE RATHER THAN WAITING UNTIL THE NEXT COUNCIL MEETING OR TWO WEEKS TO INITIATE THE PROCESS. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • ....... • • • January 7, 1980 Page 6 Ayes : Nays : • • II Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mrs. Isabella Knight, 3021 South Lincoln, appeared before Council and presented her concerns over the irregularities in Pre- cinct #1 during the last General Municipal Election, November 6, 1979. Mrs. Knight requested a recount of votes for all precincts. In response to Council Member Higday's question, City Attorney Berardini stated the Charter adopted the state municipal election code and the election is an administrative process. Mr. Berardini stated it was his opinion Council did not have jurisi- diction to act as administrative officer to recount any precinct machine. Mr. Berardini further stated there seemed to be a pre- sumption that because there was an irregularity in one of pre- cinct, which was corrected shortly after the election polls clos- ed, there would be similar irregularities in other precincts. Mr. Berardini stated he had advised the Director of Finance/ex-officio City Clerk that a recount was not advisable nor lawfully required and such comments have been stated in a letter to Mr. John Topolnicki, Jr., Assistant District Attorney. Mr. Berardini added he discussed his opinion with Mr. Bob Gallagher, District Attorney. Mr. Berardini stated it was his understanding that the District Attorney would take no further action unless there was definite proof of fraud. Council Member Fitzpatrick requested Mr. Berardini to make all information available to Mrs. Knight if she needed it. * * * * * * Mr. Maurice Jones, 5050 South Washington, appeared before Council and informed Council that Mr. Maurice Merlin was ill and in Swedish Hospital. Mr. Jones stated Mr. Merlin was a regular attendant of Council meetings and would appreci- ate receiving a card • I • - • • January 7, 1980 Page 7 • • • Council directed the City Manager to proceed on Mr. Jones's request. * * * * * * "Cotllllllnications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) (e) Minutes of the Denver Regional Council of Governments meeting of November 14, 1979. Minutes of the Englewood Housing Authority meeting of November 28, 1979. Minutes of the Board of Career Service Com- missioners meeting of November 29, 1979. Minutes of the Public Library Advisory Board meeting of December 11, 1979. Minutes of the Downtown Development Authority meeting of December 12, 1979. COUNCIL MEMBER KEENA MOVED THAT THE ITEMS UNDER "COM- MUNICATIONS -NO ACTION RECO!'I'IENDED" BE ACCEPTED. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Meal, Fitzpatrick, Keena, Bilo , Bradshaw, Otis. Non e . The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum concerning Council representation on Boards and Commissions • COUNCIL MEMBER NEAL MOVED TO APPOINT COUNCIL MEMBERS BRADSHAW AND HIGDAY TO THE PARKS AND RECREATION COMMISSION. Coun- cil Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : .n.bstain: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday . • • I • - • • • January 7, 1980 Page 8 • • • The Mayor declared the motion carried. COUNCIL MEMBER FITZPATRICK MOVED TO APPOINT COUNCIL MEM- BER NEAL TO THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. Coun- cil 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 BRADSHAW MOVED TO APPOINT COUNCIL MEMBERS FITZPATRICK, OTIS, AND HIGDAY TO THE WATER AND SEWER BOARD. Coun- cil 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 NEAL MOVED TO APPOINT COUNCIL MEMBER KEENA AS REPRESENTATIVE TO THE DENVER REGIONAL COUNCIL OF GOVERN- MENT AND TO APPOINT COUNCIL MEMBER BILO AS THE ALTERNATE. Coun- cil 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 KEENA MOVED TO APPOINT COUNCIL MEMBERS FITZPATRICK AND BILO ON THE SCHOOL-CITY JOINT COMMITTEE. Coun- cil Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • I • • - c • • January 7, 1980 Page 9 • • • COUNCIL MEMBER KEENA MOVED TO APPOINT COUNCIL MEMBER NEAL TO THE EMPLOYEES' RETIREMENT BOARD. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER FITZPATRICK MOVED TO APPOINT COUNCIL MEM- BER KEENA TO THE POLICY COMMITTEE OF THE COLORADO MUNICIPAL LEAGUE. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER KEENA MOVED TO APPOINT MAYOR OTIS AS THE COUNCIL REPRESENTATIVE ON BOTH THE FIRE AND POLICE PENSION BOARDS. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis appointed Mayor Pro Tern Bradshaw as Council representative to the Englewood Housing Authority • Council Member Bilo recognized Council's support in Mayor Otis's appointment of Mayor Pro Tern Bradshaw to the Hous- ing Authority. * * * * * * City Manager McCown presented a memorandum concerning Council appointments to Boards and Commissions. COUNCIL MEMBER KEENA MOVED TO PROCEED THROUGH A PROCESS OF PLACING ADS IN THE NEWSPAPER AND THEN HAVING CITIZENS APPLY FOR I • - - ( • • • January 7, 1980 Page 10 • • • EACH OF THE COMMITTEES IN WHICH THEY ARE INTERESTED AND THEN DIRECT- ING THE CITY MANAGER TO SET UP INTERVIEWS FOR THOSE WHO DO APPLY FOR JANUARY 16, 1980, STARTING AT 5 :00 P.M. TO BE SCHEDULED FOR FIFTEEN MINUTES THEREAFTER AND IF ADDITIONAL TIME IS NEEDED, THIS SHOULD BE PLACED ON THE FOLLOWING SATURDAY. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a request for liquor license renewal for the Sizzler Steak House. COUNCIL MEMBER BILO MOVED TO GRANT THE REQUEST FOR A HOTEL/RESTAURANT LIQUOR LICENSE RENEWAL FOR SIZZLER FAMILY STEAK HOUSE, 5151 SOUTH BROADWAY. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 1 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN ARAPAHOE REGIONAL LIBRARY DISTRICT AND CITY OF ENGLEWOOD AND DECLARING AN EMERGENCY • City Manager McCown explained the necessity of the emergency clause. Mr. McCown stated the district had proposed the creation of a central automated data system which was to be created on their own to be used by their users. Mr. McCown I . - I ( . I • • January 7, 1980 Page 11 • • • stated he wrote a letter with the approval of the Library Board to the district suggesting that before any kind of a central data system was created, the users of the system should get together and decide on the needs of the various users rather than have one entity do it alone. His office did not receive a reply until late December and the reply stated the district concurred and agreed to go ahead with the contract as it was previously written with no changes for next year until further review of the data system can be accomplished. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 1, SERIES OF 1980, ON FIRST READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini informed Council that he would be submitting a letter of pending litigation for informational pur- poses. * * * * * * City Manager McCown presented a memorandum concerning the selection of the Building Code Review Committee. Council Member Keena predicated her motion by suggesting that the selection of Building Code Review Committee was more ur- gent than other appointments to committees and the date of January 16, 1980, should be used the purposes of making a selection to the Build- ing Code Review Committee • COUNCIL MEMBER KEENA MOVED TO RECONSIDER THE PRIOR MOTION DEALING WITH lSB -THE MOTION OUTLINING THE PROCESS AND DATES FOR WHICH CITIZEN SELECTION TO BOARDS AND COMMISSIONS WERE TO BE MADE. 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. I • - • • • January 7, 1980 Page 12 • • • The Mayor declared the motion carried. COUNCIL MEMBER KEENA MOVED TO STRIKE FROM THE RECONSIDERED MOTION ALL WORDS THAT FOLLOW "SET UP INTERVIEWS"; AND ADD THE FOL- LOWING WORDS "FIRST CHECKING WITH COUNCIL TO SEE ABOUT AVAILABILITY OF TIME". 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 stated his office has six or seven letters on file for those citizens interested in serving on boards and commissions. Council directed Mr. McCown to start over in the process of accepting applications. COUNCIL MEMBER KEENA MOVED THAT THE CITY MANAGER ESTABLISH APPOINTMENTS WITH THOSE PEOPLE WHO HAVE ALREADY WRITTEN AND EXPRESS- ED THEIR INTEREST IN SERVING ON THE BUILDING CODE REVIEW COMMITTEE AND THAT THESE APPOINTMENTS BE ESTABLISHED FOR JANUARY 16, 1980; IF THEY ALL CAN NOT BE DONE ON JANUARY 16, 1980, THEY WOULD THEN BE PLACED ON THE FOLLOWING SATURDAY. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Abstain: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * City Manager Mccown stated Mr. Bob Brundage had request- ed permission to make the Lion Club's presentation on the community center project. Council Member Fitzpatrick directed the City Manager to set up the presentation for January 14, 1980, at 5 :00 p.m . * * * * * * Mayor Otis instructed City Manager McCown to send a reply to the Mayor of City of Thornton responding that Council • I • ) - • • January 7, 1980 Page 13 • • • would not be able to attend the swearing-in ceremony for their Council-elect. * * * * * * There was no further business to discuss. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at 10 :15 p.m. I • - - • • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION December 4, 1979 Meabers of the Planning Coaaission aet with the Coaaunity Developaent staff and Assistant City Attorney DeWitt at 5 A 5:30 P. M. in Conference Room A for a dinner/discussion session. Mr. DeWitt discussed the raaifications of a recent Court decision on the procedures followed by the Planning Coaaission in conducting Public Hearings vs. Administrative Hearings. The change in procedure was questioned by Commission aeabers and discussed with Mr. DeWitt. I. CALL TO ORDER. The regular aeeting of the City Planning and Zoning Coaaission was called to order by Vice-Chairman Lathrop at 7:15P.M. Meabers present: Carson; Draper; Lathrop; Pierson; Becker; Bilo Meabers absent: Also present: Wanush, Ex-officio Saith; Tanguma; Williaas Assistant Director of Planning D. A. Roaans; Associate Planner Alice Fessenden; Assistant City Attorney DeWitt I I. APPROVAL OF MINUTES. Mr. Lathrop stated that the Minutes of the Noveaber 27, 1979, meeting were to be considered for approval. Mr. Draper stated that he felt Page 3, J3, should be aaended to reflect 3460 South Broadway rather than 3469 South Broadway. Mr. Lathrop asked if there were further aaendaents to be made? Draper aoved: Bilo seconded: The Minutes of Noveaber 27, 1979, be approved as amended. AYES: Carson, Draper, Lathrop, Bilo NAYS: None ABSTAIN: Pierson, Becker ABSENT: Williams, Tanguma, Smith The motion carried • • I • - ( • • • -2- III . CENTURIAN PARTNERSHIP Planned Development Pierson moved: • • • CASE #27-79 Bilo seconded: The Public Hearing on Case #27-79 be opened. AYES: Carson, Draper, Lathrop, Pierson, Bilo, Becker NAYS: None ABSENT: Williams, Tanguma, Smith The motion carried. Vice-Chairman Lathrop asked the staff to make their presentation . Mrs. Romans was sworn in, and testified that she is the Assistant Director of Community Development for Planning. The application before the co .. ission is for approval of a Planned Development for Lots 15 and 16, Block 1, Southlawn Gardens Annex. This property is located on the west side of South Tejon Street, and south of West Iliff Avenue. The property has been purchased by Dr. Oliver and Mr. Adams under the name of Centurian Partner- ship. The proposal is to construct five duplexes on these lots. However, there have been some problems with service by the various utility coapanies that have not been resolved. Inasauch as the staff did not have all the inforaation available to bring to the Co .. ission, the staff does suggest that the Public Hearing be continued to January 8, 1980. Pierson aoved: The Public Hearing on Case #27-79, Centurian Partnership Planned Developaent, be continued to January 8, 1980. The aotion was seconded . AYES: Carson, Draper, Lathrop, Pierson, Bilo, Becker NAYS: None ABSENT: Willia-, Tanguaa, Saith The aotion carried . IV • BERKELEY/WISE REZONING R-1-c, Single-faaily Residence to R-2, Mediua Density Residence CASE #26-79 Mr . Draper asked to be excused from consideration of this case for personal reasons . Mr . Lathrop excused Mr. Draper, and M~ Draper left his chair • Pierson moved: Bilo seconded : The Public Hearing on Case #26-79 be opened. AYES: carson, Lathrop, Pierson, Bilo, Becker NAYS: None ABSENT: Williams, Draper, Tanguaa, Smith The aotion carried • • I • • - • • • • -3- Mrs. Romans stated that the matter before the Planning Com- mission is a request for rezoning of property owned by Robert A. and Gloria s. Berkeley from R-1-C, Single-family Residenc~ to R-2, Medium Density Residence. The legal publication for this bearing did appear in the Englewood Sentinel, the official City Newspaper. The property was posted, and Mrs. Romans sub- mitted Certification of Posting to the Secretary for the record. Mrs. Romans stated that she would ask that the staff report be included as a part of the record of this Hearing. Mrs. Romans made reference to maps on display before the Com- mission and the audience, pointing out the subject area and the zoning designations of the surrounding areas. Mrs. Romans noted that land to the north across East Jefferson Drive and Little Dry Creek is zoned R-3, High Density Residence; the subject site and land to the west and south is zoned R-1-C, Single-family Residence; to the east the land is in Cherry Hills Village, and is zoned R-3, Single-family Residence, requiring a minimum lot area of one acre. The subject property is owned by Robert A. and Gloria S. Berkeley. Mr. Harry Wise has an option to purchase the land, and has listed as his reasons for requesting the rezoning as follows: 1. The uses to the north and northwest are multi-family and offices (this area is zoned R-3) and the property west of the site is a public use --the high school athletic field. 2. The property is within a flood plain which will necessitate additional expenditures in developing the property for any use. Mrs. Romans stated that the present zoning of the property is R-1-C, Single-family Residence, which would allow a single- family structure on a minimum of 50 foot frontage and 6,000 square feet of lot area. The R-2, Medium Density District, would also permit a single-family residence on 50 foot frontage, with 6,000 square feet of lot area; however, in addition, a duplex (two units) could be constructed on a minimum of 50 foot frontage with 6,000 square feet lot area, For each addi- tional 25 foot of frontage and 3,000 square feet of lot area in the R-2 District, an additional attached unit could be con- structed. Mrs, Romans stated that this parcel of land was annexed to the City in 1946, and was zoned for single-family residential use. The High School was at the present location at the time the property was annexed; the land devoted to the use of the school district has increased, but the use itself'bas not changed in the ensuing years. In the late 1950's or early 1960's, the Planning Commission and City Council considered the area north of Little Dry Creek and determined that it was oriented to complement Swedish Medical Center. The consulting • I • - r • • • • • • -4- firm of Eugene and Watson Bowes was retained to develop a zone classification which would both supplement and complement the medical center, and the R-3-A Zone District was developed . This Zone District, which was applied to the area north of Little Dry Creek, permitted multi-family development, not less than 12 units per building site. The intent of this zone district was to attract adUlt residents to this area , In 1975, the R-3-A and R-3-8 Zone Districts, both multi-family classifications, were combined into the R-3 High Density Residence district and the area north of Little Dry Creek was zoned R-3. This district does not require a minimum number of units per development, and single-family and two-family units are permitted uses. Mrs. Roaans stated that there has been some recent development in the R-3 Zone Classification, and cited the medical complex at u.s. 285 and Clarkson, and the apartment buildings. Mrs. Romans stated that it is the position of the staff that zoning must begin and end at some place, and a common practice is that zoning ends at the center line of a street, an alley, or a "natural way", such as Little Dry Creek . The staff feels that the East Jefferson Drive /Little Dry Creek right-of-way makes a "natural" boundary for the zone district divisions be- tween the High Density Residence area and the single-family area to the south of East Jefferson Drive . Mrs , Romans stated there is a 100 foot right-of-way for East Jefferson Drive and Little Dry Creek, and there is no direct access across Little Dry Creek between South Clarkson Street and South Logan Street . South Washington Street, South Pearl Street and South Pennsylvania Street do not extend directly across the Creek and East Jefferson Drive, so East Jefferson Drive does serve as a buffer between these "neighborhoods." The staff strongly feels that the higher density residential use should not intrude into the single-family area south of Little Dry Creek and East Jefferson Drive. Mrs . Roaans stated that the City Council has adopted the Comprehen- sive Plan as of December 3, 1979, The Generalized Land Use Plan, Page 85 of the Comprehensive Plan, sets forth the manner in which the City is projected to develop . In this Plan, it is shown that Little Dry Creek is a boundary between the more intense uses to the north and the single-family residence use to the south of the Creek . Mrs . Romans stated that she would also like the record of this Hearing to include the Generalized Land Use Map of the 1979 Comprehensive Plan • The staff has taken the position that the rezoning request f iled by Mr . Berkeley and Mr. Wise does not conform to the Comprehensive Plan . One of the goals of the Comprehensive Plan is to protect the single-family residential areas from intrusion by more intensive uses . Proof has not been presented by the applicant that the property cannot be developed under the present zone district. The subject site is part of the single-faaily residential neighborhood south of East Jefferson Drive, and is not needed to provide a "buffer" between the single-family district and the high density residence district north of Little Dry Creek. Mrs. Romans stated that schools are typically located in residential neighborhoods and are compatible with low-density residential development • • , I • - r 0 • • • • • Mr. Lathrop asked if there were questions to be asked of Mrs. Romans? -5- Mr. John Criswell asked Mrs. Romans when the area to the north of this site was zoned R-3-A and R-3; was the area to the west of the site zoned R-2 before or after the subject site was zoned R-1? Mrs. Romans stated that she did not have the applicable ordinances at hand, but felt the R-2 and R-3 areas were designated at approximately the same time. Mr. Criswell stated in other words, about 10 years after this was zoned R-1? Mrs. Romans again stated that she did not have the ordi- nances available at the moment, and could not give an estimated date. Mr. Criswell asked what the zoning designation was on the R-2 and R-3 areas prior to being designated for medium density and high-density development? Mrs. Romans stated that the zoning would have been R-1. Mr. Lathrop asked if there were further questions of Mrs. Romans? No further questions were asked. Mr. John A. Criswell 3780 South Broadway -was sworn in and testified that he is appearing on behalf of Mr. Harry Wise, who bas a contract to purchase the land from Robert A. and Gloria S. Berkeley contingent upon the rezoning. Mr. Criswell stated that there would be four persons making presentations on the request this evening. Mr. Criswell submitted copies of a survey done by Mr. John Nicholl on this site in June of this year. Mr. Criswell stated that the rezoning request involves Lots 4 and 5 of Sandra's Subdivision, the dimensions of which lots are approximately 131 feet east to west, and 126 feet north to south. Mr. Criswell pointed out the configuration of the site, noting that the easterly boundary is "rounded" off, and that the City of Englewood encroached upon private property when the paving of East Jefferson Drive/South Clarkson Street was done last summer. Mr. Criswell stated that he felt the square footage indicated in the survey of 16,719.26 is incorrect, and estimated that the square footage is closer to 16,500. He stated that he would say that they were talking about 15,500 square feet on Lots 4 and 5 of Sandra's Subdivision. The original application included Lot 3, which is approximately 26 feet by 126 feet . Mr. Criswell pointed out that with only 26 foot frontage on East Jefferson Drive, the property cannot be used by itself, and could be used only as a part of an assemblage. The original application included Lot 3 because at that time the applicant was under the impression be had a contract with the property owner to purchase this land; however, this contract bas not been agreed upon, and the applicant asked that the application be amended to consider only Lots 4 and 5 of Sandra's Subdivision. Mr. Criswell stated that he was pointing this out because if the rezoning should be granted for Lots 4 and 5, and if they should be able to pick up Lot 3, they will be back before the Commission to ask for rezoning on Lot 3. He stated that the Planning Commission should con- sider that what the applicant wants to do would include Lots I • - • • • • • • -6- 3, 4, and 5 of Sandra's Subdivision. Mr . Criswell estimated that Lot 3 contained 3,200 square feet, and if this were to be added to the estimated 15,500 square feet of Lots 4 and 5, this would give a total of 18,000 square feet or more for the applicant to work with. As the property is presently zoned, if Lots 3, 4, and 5, were under one ownership, there would be in excess of 18,000 square feet with 156 foot frontage, and if the structures were to be oriented to face on East Jefferson Drive, you could put three dwelling units there. Without Lot 3, the applicant would have in excess of 15,000 square feet and 100 foot frontage on Jefferson Drive, two single-family dwelling units could be constructed on the site if they were oriented to front on Jefferson Drive. Mr. Criswell stated that under the present R-1-C zone District, the Planning Com- mission would have no authority or input on the development such as they would have under a Planned Development, Mr. Criswell stated that if Lot 3 is acquired, and if it were finacially feasible, the developer could build three single-family resi- dences on Lots 3, 4, and 5, and the Planning Commission would have no control over the development. Mr. Criswell stated that the applicant has asked for R-2, Medium Density zoning for this site. If the R-2 Zoning is granted to the applicant, a total of five units could be placed on Lots 4 and 5, and if Lot 3 were acquired, a total of six units could be constructed on the site. However, the applicant does not plan to construct more than four units if the R-2 zoning is granted. The applicant is willing to bring in a Planned Development to ensure the type of development that would be on the site, whether be determines to develop two duplexes, or one four-plex. Mr. Criswell stated that he felt the applicant was really asking for the R-2-C zoning, which bas the same square footage requirements and the same frontage requirements as the R-2, but would allow only two duplexes to be constructed rather than a four-plex. Mr. Criswell stated that when the applicant came to him to request him to handle the request for rezoning, he had forgotten there was an R-2-C District, or the application would have been for R-2-C. Mr. Criswell stated that he believes the R-2-C is more restrictive than the R-2 Zone classification, and feels that the Planning Commission could recommend the R-2-C be granted rather than the R-2; the applicant would agree to this if this is the determination of the Planning Commission. The R-2 Zone Dis- trict does provide more flexibility than the R-2-C zone Dis- trict inasmuch as it does give the option to build two duplexes or one four-plex, and there would be no requirement to go through the Planned Development process with two duplexes. Construction of a four-plex does require the Planned Development process be followed. Mr. Criswell stated that Mr. Wise has contracted to purchase the property subject to the zoning. It is assumed that this property is within the 100-year Flood Plain for Little Dry Creek. If it is indeed within the Flood Plain, it would be an added expense before anyone can build anything on the site • I • ....... ...... • • • • • -7- because the City will have to be satisfied that the conditions of the Flood Plain District are met. Mr. Criswell stated that East Jefferson Drive is a street which extends approximately six blocks east and west, deadending at South Sherman Street and at South Clarkson Street. Mr. Criswell stated that there is no piece of privately owned property abutting East Jefferson Drive in the City of Englewood that is zoned R-1 except for the subject property. The privately owned property abutting East Jefferson Drive is zoned R-3, High Density Resi- dence, R-2, Medium-Density Residence, or co .. ercial. Any other property that is zoned R-1 which abuts East Jefferson Drive is owned by the School District --it is not in private ownership. Mr. Criswell emphasized that the School District makes industrial use of this property even though it is zoned for single-family residence purposes. Mr. Criswell stated that the School Dis- trict bas constructed a storage shed on the property, gravel is stored, construction materials and heavy equipment is stored, and not all of the storage is within the building. Mr. Criswell stated that if anyone but the School District owned this property, they could not use it as they are without getting an industrial zone classification. Mr. Criswell stated that the "staff says zoning districts should be broken at alleys," and pointed out several areas where the zone district boundaries are at the street boundaries. Mr. Criswell stated that in this particular instance in terms of development of the neighborhood, the R-2 and R-3 areas have been rezoned and developed since this subject land was zoned for R-1 development. Mrs. Pierson asked for comments from the staff on Mr. Criswell's co .. ents. Mrs. Ro.ans stated that she had indicated that zoning should break at streets, alleys or natural ways --not only at alleys. Mrs. Roaans stated that Mr. Criswell also indicated that the Planning Commission would have no input in a Planned Develop- ment in a single-family zone district; she stated that the Coa- mission would have input if the applicant applied for a Planned Development. Mr. Criswell stated that he would agree with this; be meant that there was no requirement in the single-family dis- trict that a Planned Development be filed . Mrs . Romans emphasized that Jefferson Drive does serve as the boundary between the R-2, Medium Density District, R-3, High Density District, and the R-1-C Single-family Residence District to the south. Mr. Criswell asked that Mr. Berkeley appear before the Com- mission. Mr. Robert Berkeley was sworn in. Mr. Criswell questioned Mr. Berkeley, and Mr. Berkeley testified that be and his wife, Gloria s. Berkeley, purchased Lots 4, 5, and 6, Sandra 's Sub- I • - ( • • • • • • -8- division, in 1976 . At the t ime o f the purchase o f the property, it was their intent to use th e house on Lo t 6 f or a photography studio . Mr . Criswell asked if Mr . Berkeley discussed this with the Planning Staff at the time? Mr . Berkeley stated that he did so, and obtained the requirements he would have to meet in order to operate a portrait photography studio at this location . Mr . Berkeley stated that he placed the property, Lots 4 and 5, on the market about one and one-half years ago following his deter- mination that it was impractical to use the site for a photography studio. Mr. Berkeley stated that he listed the property with Mr. Don Finley, and that he has been unable to get any other contracts on the property but the one with Mr. Wise . Mrs . Pierson stated that it appeared that Lot 6 has two buildings on it; is this correct? Mr. Berkeley stated that Lot 6 has a single-family residence on it, which is rented at this time . Mr . Carson stated that it seemed to him that the applicant was placing a lot of dependence on acquiring Lot 3 . Mr. Criswell stated that the applicant is not placing dependence on the acquisition of Lot 3; if the zoning is granted for Lots 4 and 5, Mr. Wise will go ahead and develop the property . The reason he mentioned Lot 3 is that they want to buy Lot 3, and if they are successful in obtaining the rezoning for Lots 4 and 5, they will attempt to get Lot 3 rezoned if they can obtain it . The number of units proposed for the development does not depend on the acquisition of Lot 3, but it will make for a more attractive development. Mr . Criswell asked Mr. Don Finley to address the Commission. Mr . Don Finley 310 Shadycroft Drive -was sworn in, and upon questioning by Mr. Criswell testified that he is a real estate broker, with offices at 4045 South Broadway, Suite 100. Mr. Finley stated that he has been a real estate broker since 1972, and bas specialized in residential sales since 1972, mainly in Englewood. Mr. Criswell asked if Mr. Finley was familiar with this particular neighborhood? Mr. Finley stated that he had lived at 3767 South Sherman Street from 1964 to 1973, and still retains ownership of that land. Mr. Criswell asked if Mr . Finley was familiar with the subject property • Mr . Finley stated that he is ; Mr . Berkeley approached him in mid-1978 about listing the property for sale ; he did a survey and market analysis, and listed the property for sale in late 1978 . Mr. Criswell asked if Mr. Finley had attempted to sell the site for single-family purposes? Mr. Finley stated that he had tried to sell these lots for single-family purposes for about a year. Mr . Criswell asked if Mr . Finley was acquainted with small developers who are interested in small sites? Mr. Finley stated that he is, and that as a general practice, these lots in Englewood which have curb, gutter , etc . sell quickly. Mr. Finley stated that he felt this site would sell very quickly when he listed it, but in fact, there was very little response on the listing. He stated that he contacted several small builders, • I • - ( • • • • -9- among them Mr. Roy Smith and Mr. Uphouse. They looked at this site, and told him they were not interested. He stated that he talked to Mr. smith about the listing at some length, and was told that it is not economically feasible to develop it for single-family. Mr. Finley stated that he had felt the sites were priced below the current market, but Mr. Smith stated that it is not feasible to build a single-family residence with- out a livable basement. They were aware that the site is in the Flood Plain, and that a livable basement could not be con- structed. Mr. Finley stated that the School District site has storage of gravel and heavy equipment, the area is a high- traffic area, and none of this is conducive to single-family residential property. Mr. Criswell asked what, in Mr. Finley's opinion, a building site for single-family development should sell for? Mr. Finley stated between $15,000 to $18,000; he stated that nothing had sold for less than $15,000 in the last three years, and there were very few single-family building sites left in Englewood. Mr. Criswell asked, in light of Mr. Finley's experience in the Englewood market, whether he felt this parcel of land could be sold presently at the going rate for single-family residential development? Mr. Finley stated that be feels that the site could not be developed economically for that price, and that this was the concensus of the builders be talked to: they couldn't pay this rate for these lots and develop them for single-family use. Mr. Criswell asked what the value is of those lots zoned for single-family development compared to those lots that are usable for single-family resi- dences? Mr. Finley stated about $4,000 to $5,000 each. Mr. Criswell stated that in other words they were about 2/3 dis- counted from what they should be? Mr. Finley agreed. Mrs. Pierson asked if there was any change in thls area since 1972, discounting the inflation factor, that would have changed the value of the property? Any changes since 1976 when Mr. Berkeley acquired the property? Mr. Finley stated that he could not recall any factors that would have changed the value of the property. Mr. Criswell asked Mr. Harry Wise to address the Commission. Mr. Wise was sworn in, and testified that be now resides at 4333 East Peakview Avenue in Littleton. Mr. Wise stated that he has been a teacher and coach at Englewood High School for the past 22 years, and lived in Englewood from 1960 to 1973. Upon questioning by Mr. Criswell, Mr. Wise testified that he bas a contract with Mr . Berkeley to purchase Lots 4 and 5, Sandra's Subdivision. Mr. Criswell asked Mr. Wise to discuss his plans for development of the site. Mr. Wise discussed the character of the area, noting that to the north, the zoning is for high density residence even though the property directly across East Jefferson Drive and Little Dry Creek has a single- family residence on it at the present time. There is a medical center on the southwest corner of the Clarkson/U.S. 285 inter- section which fronts on South Clarkson Street. On the east side of South Clarkson Street, there is one house in Cherry I • - • • • • -10- Hills Village that can be seen from the subject site. To the south is Lot 6, Sandra's Subdivision, which is developed with a single-family house owned by Mr. Berkeley and rented at the present time. Mr. Wise stated that the structure is small, and in poor condition. There are weeds on the school property and along the City Ditch. To the south and west of the site is the property owned by the School District. Directly to the west of Lots 4 and 5 is Lot 3, which he hopes to acquire, and directly to the west of Lot 3 is the Englewood High School maintenance shed. Mr. Wise stated that this portion of the school property is used as a "dumping ground" for anything that the school district doesn't have any use for. The ground was originally used as a parking lot and ball field, but has been used for storage for the past several years. Mr. Wise stated that he had taken photographs of the subject site and surrounding areas. These photographs were presented to the co .. ission and Mr. Wise described what each photograph depicted. Mr. Bilo noted that Mr. Wise had indicated that one photograph was taken looking north; if this is the case, it would have shown the single-family structure to the north of East Jefferson Drive. Mr. Wise stated that the photograph is angled north by northwest. Mr. Criswell pointed out that this single-family house is the only single-family structure which abuts East Jefferson along its six block length; all other uses are multi- family or commercial. Mr.Criswell asked of Mr. Wise what his plans were if the re- zoning were to be granted. Mr. Wise stated that he plans to construct two luxury duplexes or a four-plex. He would want to live in one unit, and rent out the other three. Mr. Criswell asked if Mr. Wise understood that the property is possibly in the Flood Plain? Mr. Wise stated that he did. Mr. Criswell referred to Mr. Finley's testimony regarding the construction and sale of single-faaily hoaes without livable baseaent areas. He asked if Mr. Wise had considered the fact that any baseaent areas that aigbt be proposed for the duplexes would bave to be devoted to storage and could not be used for livable space. Mr. Wise stated that be did not plan livable space in the ba•e- ments, but would have crawl spaces for the location of furnace equipment, etc. Mr. Wise stated that he felt the development of the site would be financially feasible with four units. Mr. Criswell asked if the acquisition of Lot 3 would make a difference in Mr. Wise's plans in over-all density proposed for the site? Mr. Wise stated that it would not; he proposes to construct only the four units. Mr. Criswell asked if Mr. Wise would accept the condition that however many units might be allowed on the site by the Coapre- hensive Zoning Ordinance if the zoning were to be granted, the development of the site would be limited to four units? Would Mr. Wise submit a Planned Development if he deterained to build two duplexes rather than one four-plex? Mr. Wise answered in the affirmative to both questions. Mr. Bilo asked if Mr. Wise would still want to acquire Lot 3 if the rezoning was to be approved? Mr. Wise stated that he • I • • - • • • • • • • -11- would want to build four units whether he acquired Lot 3 or not. The acquisition of Lot 3 would aake for a nicer develop- ment, and could possibly be used for carports for the units. He emphasized that he would hope to be able to purchase Lot 3 if the rezoning is approved. Mr. Lathrop pointed out that all Flood Plain Regulations would have to be met by Mr. Wise. Mrs. Becker pointed out that there bas been discussion on the fact that there could be no livable basements in the flood plain. She asked if Mr. Wise was planning to construct base- ments that could eventually be converted into living space? Mr. Wise stated that he was considering crawl spaces, with City approval. Mr. Criswell eaphasized that the applicant bas "assumed" the site is in the Flood Plain. He stated that be bas talked to Mr. Rick Kaba of the Public Works Departaent, who referred bia to the consulting engineer who is doing a study for the City. According to the consulting engineer, if the property is in the flood plain, it is by only one or two feet. The corners of the site appear to be above the flood plain elevations. If the site is, in fact, in the flood plain, the Flood Plain re- quirements will have to be met whatever is constructed on this site. Mrs. Pierson stated that she has reviewed the criteria the Commission should consider in rezoning, such as change in character of the neighborhood, denial of use, error in original zoning, etc. She questioned that this request qualified for rezoning under the criteria the co .. ission must consider, and questioned that the Commission had the authority to reco .. end the rezoning. Mrs. Pierson questioned if there was another way to approach development of the site; she stated that she felt this piece of property needs "some creative thinking." She asked if a Planned Development could be subaitted so that variances in the density etc., could be granted, but the zoning would not be changed? Mr. Criswell stated that be did not -think this possible. In a single-family district, the Planned Development would have to be for single-family construction. Mr. Criswell stated that he would hope the Planning Commission members would drive through this neighborhood. He pointed out that the City did not have the Flood Plain provisions in the Comprehensive zonining Ordinance until three or four years ago. Mrs. Romans stated that the Flood Plain Ordinance bas been in effect since 1971 . Mr. Criswell reiterated that this property was annexed in the late 1940's. This property bas been in the City and zoned for single-family development for 25 years+, and it bas not developed in this time. Mr. Criswell stated that as he understood the Planned Development ~dinance in Englewood, it will allow flexi- bility in setbacks and placement of the structure, but it does not allow for a change in density. Mr. Criswell stated that I , • I • - • • • • -12- most cities have a "free-standing Planned Development", but the Planned Development in Englewood is only an overlay district, and only "cosmetic-type" improvements can be accomplished with this method. He stated that he did not know what else the ap- plicant can do --the property cannot develop as it is presently zoned. Other than committing himself to a development that would have only one or two units more than is presently allowed in the R-1-C Zoning, he didn't know what else the applicant could do. He pointed out that the applicant is willing to come to the Planning Commission and City Council with a Planned Developaent so that there would be control over the development of the four units if the rezoning is granted. Mr. Criswell stated that be is of the opinion that this property cannot, is not, and will not be developed as R-1-C . Mr . Criswell made reference to the single-family development in the neighborhood. He noted that Mr. Wise has stated that he feels the bouse on Lot 6, Sandra's Subdivision is "substandard"; he stated that he does not feel it is substandard, but it is very small, and that the homes in the area appear to have been built about the time of World War II. Mr. Criswell emphasized that these homes cannot be duplicated on today's market. Mr. Criswell stated that he does not suggest changing the zone classification on those homes that are developed; however, there are sites that will not develop on today's market under today's criteria. Mr. Criswell stated that he felt the applicant has presented justification for rezoning. Mrs. Pierson asked if the City Council could grant the rezoning conditioned upon submission of a Planned Development for the site? Mrs. Romans stated that this bas been done in the past and cited the Marshall Rezoning/Planned Development in the 3200 block of South Bannock Street. Mrs. Romans stated that a Mr. Zeitlin is the owner of Lot 3, Sandra's Subdivision; Mr. Zeitlin contacted the office, and stated that be did not want Lot 3 in- cluded in the rezoning request. Following the contact from Mr. Zeitlin, Mrs. Romans stated that she wrote to Mr. Wise with a copy to Mr. Criswell and suggested that this aatter should be resolved before the Public Hearing. Mr . Criswell then con- tacted the staff and asked that Lot 3 be eliminated from con- sideration in this application . Mrs. Pierson asked if the Commission had the option of including Lot 3 in the recommendation on this zoning if it was determined to recommend that it be approved? Mrs. Romans stated that Lot 3 was not included in this application; it was not included in the legal publication of the Hearing, nor was it posted. Mrs. Pierson asked if this matter could be tabled until it can be determined whether or not Lot 3 would be part of this one owner- ship? Mrs. Romans emphasized that it still would not be a part of Mr. Wise's rezoning application that is before the Planning Commission. Lot 3 would have to be posted and a public notice would have to be given to consider rezoning of that site. Mrs. Pierson asked if there was anyway "we can accomplish creative use of this land without rezoning?" Mrs. Romans cited several • I • - • • • • • • • -13- areas that developers have said could not be developed as single-family that have been so developed, notably at Bates and Clarkson and Bates and Emerson, Mrs. Romans stated that she is not convinced that a creative, imaginative development cannot be realized with a single-family use. Mr. Bilo asked if the staff felt the possibility exists that Mr. Berkeley and/or Mr. Wise could come in at a later date to request rezoning of Lot 3 and Lot 6? Mrs, Romans stated that this is possible, Mrs. Becker asked for clarification on the manner in which density is determined in the R-2 Zone District. Mrs . Romans explained the formula for determining the density, Mr. Criswell stated that it was not his intention to create a controversy with the ~ntion of Lot 3, He stated that the ap- plicant did not file an application and present plans for the Planned Developaent at this time, and would not, until they knew whether or not the rezoning would be approved, Mr . Criswell pointed out that to present plans for a Planned Development that would meet all the requirements of the Ordinance would be quite an expense. Mr. Criswell stated that the applicant is willing to commit that they will bring in a Planned Development if the R-2 Rezoning is approved. Mr. Criswell stated that as far as Lot 3 is concerned, he felt it would be developed in conjunction with Lots 4 and 5, or it will not be developed, It cannot be developed with only 26 feet of frontage. He stated that he felt the Planning Commission could initiate the rezoning of Lot 3 if they so wished. Mr. Lathrop asked if there was anyone in the audience who wished to speak in opposition? llr, carl Werner 3787 South Clarkson -was sworn in, and testified that if Lot 3 were to be rezoned for medium density, it would abut his property on the south and subject him to the increased density, noise and other problems that would be in- herent in this proposal. He stated that his property abuts Lot 6, the rental unit owned by Mr . Berkeley, on his north property line. The City Ditch cuts through his property at 3787 South Clarkson. Mr. Werner predicted that eventually Lots 3 , 4, 5, and 6, would all be rezoned if Lots 4 and 5 are approved now • Mr. Werner stated that he would agree that Little Dry Creek - East Jefferson Drive form a natural boundary for the zone dis- tricts, and that he would hate to see the higher density dis- tricts extend beyond this natural barrier. Mr. Werner stated that he felt this would lower property values of the s i ngle- family residential area extending south along Clarkson Street, and noted that Mr. Criswell had ignored the effect the rezoning might have on the remainder of the residential properties on South Clarkson Street. Mr. Werner noted that Mr. Criswell stated all four corners o f the subject site appear to be out of the Flood Plain ; if this is the case, why could not base- I • - • • • • • -14- ments be constructed with livable area for single-family residential construction on the site? Mr . Werner stated that he felt with a "little vision", this property could be de- veloped; "past history shows that lots that were felt to be unbuildable can become a very beautiful piece of land under the right hands." He questioned why this could not be the case on the subject site , • Mr . Lathrop stated that he felt whether or not a basement could be constructed would depend on the Flood Plain and the Building Code. llr. Werner agreed that the School District has "perpetrated an eyesore on the neighborhood," He suggested that if the School property were to be cleaned up, the subject site might be aore desirable for single-family development . Mr. Carson asked Mr. Werner if his house was in the Flood Plain, and if his bouse had a basement? Mr . Werner stated that his property is not in a flood plain, and he does have a basement. Mrs. Hannah Ward 3770 South Clarkson -was sworn in and stated that she lives in Cherry Hills Village, but is in the Englewood School District. Mrs. Ward stated that no one has mentioned what effect the rezoning request would have on the school. She stated that a great many of the children going to Flood Middle School and to the High School walk down Clarkson and Jefferson and cut across onto the School property. She stated that she felt the increased density and traffic that would result from the rezoning would be a detriment to the safety of these school children. Mrs. Ward referred to the zoning map of the area, and pointed out that the school is surrounded by single-family residential. She stated that she felt the Commission must decide what type of neighborhood they want around the school, and stated that she personally felt that the single-family zoning is much more appropriate around the school than the medium or high density classifications. Mrs. Ward stated that she would agree with Mr. Werner that once the zoning boundary at Little Dry Creek and East Jefferson Drive is crossed there would be a "chipping away" of the single- family area along South Clarkson Street . Mrs. Ward stated that she objects to the statement by the applicant that the houses across the street cannot be seen from the subject site. She stated that it might be a little difficult when the trees are leafed out, but that for approximately seven months out of the year the view is unimpeded. Mrs. Ward stated that Mr. Werner has spent several years developing and improving his property. Mrs. Ward asked if the rental property owned by Mr. Berkeley had a basement? Mr. Berkeley stated that the house is built on a slab, Mrs. Ward stated that the bouse owned by Mr. Berkeley is rented to a very nice young couple, who have made an attempt to fix • I I • - • • • • • • -15- the place up. Mrs. Ward stated that the argument the property owner cannot use the property is persuasive, but she doesn't agree with it. Mrs. Ward pointed out that Mr. and Mrs. Berkeley bought the property three years ago for the purposes of establishing a business --a photography studio --on the site; the residential character and development of the neighborhood bas been established for 30 years. She stated she questioned the validity of this argument. There are some parcels of land in the City that are being developed for single-family use, and that perhaps while some of the "marginal" parcels have not been developed in the past, they will be now. Mrs. Ward urged the Commission meabers to consider the zoning around the school, and asked that they "don't chip away at it." Mr. Carson asked Mrs. Ward where she lived? Mrs. Ward stated across the street on the east side of South Clarkson Street. Mr. Carson asked if the bouse directly north of Mrs. Ward's home was in the flood plain? The property owner stated that she thinks it is, but that the house has been there for 30 years. Marie O'Brien 3750 South Clarkson -was sworn in, and asked what type of structures llr. Wise would propose to construct on the site: prefab, frame, brick? She stated that they can see the subject property from her home approxi- mately seven months out of the year, Mr.Criswell stated that this would be one purpose of filing a Planned Development, to indicate the type of structures that would be constructed on the site. He noted that while prefab hoaes are not prohibited in Englewood, Mr. Wise does not pro- pose prefab structures. Mr. Criswell stated that he thinks the odds of a better development would be better with aore units than would be permitted in the R-1-C. Carson aoved: Becker seconded: The Public Hearing be closed . AYES: Carson, Lathrop, Pierson, Bilo, Becker NAYS: None ABSENT: Williams, Draper, Tanguma, Smith The motion carried. Mrs. Becker stated that much has been made of the trash on the Englewood High School site; she agreed that it is an eye- sore, but it is not the concern of the co .. ission in this matter. She stated that her concern is that while the applicant and his counsel have stated they will file a Planned Development plan for the site, once the zoning is granted, that zoning is a fact unless and until another rezoning request is filed on the site, and there is no guarantee that the Planned Develop- ment will become a fact. She stated that the Coaaission could • I I • - • • • • -16- reco .. end the rezoning to City Council, it could be granted, and "toaorrow, things could be different." She stated that she is also concerned about the statement that they would be back to ask for rezoning on Lot 3 ; this could also mean they could be back later to ask for rezoning for Lot 6 to the south of the subject site. Mrs . Becker stated that this would be a chipping away of the single-family residential neighborhood in this area, and she felt it is in the best interest of the City to keep the zoning as it presently stands. Mrs. Pierson stated that she felt it has been established that the zoning could be recommended to be conditioned on the submission of a Planned Development application for the site, which Planned Development would run with the land, and not with the individual owner . Mrs. Pierson stated that there are several reasons the rezoning should not be recommended, among them being: Lot 3 is not a part of this application, which would leave a strip of single-family zoning that is unusable, and makes the designations of Lots 4 and 5 spot zoning, which is unacceptable. Mrs. Pierson stated that she did not feel the applicant has met the "burden of proof"; she stated that there was no testimony that the original zoning of the site was in error, and no testimony on changes in the character of the neighborhood . She acknowledged that there has been some testimony on denial of use of the land, but the arguments were not persuasive . The area is not contiguous to like or compatible zoning on three sides, nor does it complete one City block of compatible zoning. This request is not in conformance with the Comprehensive Plan. Mrs. Pierson stated that she felt the Commission had no option but to deny the rezoning request, even though she felt this was a special instance and the developer had some creative ideas which the Coamission bad no tools to allow. Carson moved: Becker seconded: The Planning Commission recommend to City Council that the rezoning of Lots 4 and 5, Sandra's Subdivision from R-1-C, Single-family Residence, to R-2, Medium Density Residence, be denied . AYES: Carson, Lathrop, Pierson, Bilo, Becker NAYS: None ABSENT: Williams, Draper, Tanguma, Smith The aotion carried. Mrs. Becker stated that she would agree with Mrs. Pierson that this is a situation in which the Commission bas no vehicle available to help the developer. She suggested that possibly this is soaetbing that can be gone into under the Coaprebensive Plan Goals. Mr . Bilo stated that be felt it is necessary to protect the single-family residential properties, and that there was no alternative but to deny the rezoning • I • - • • • • • • -17- Mr. Lathrop stated that he felt the comments made by other aeabers of the Commission have taken into consideration the testimony presented. He stated that the Commissions hands are tied at this time. The rezoning cannot be approved and be in compliance with the Comprehensive Plan. Mr. Lathrop stated that he knows the property does need to be improved, and would hope that perhaps at a later date something can be done to facilitate development. Mr. Wanush pointed out that the recommendation will be sent to City Council, and that the applicant may appeal the decision of the Commission to City Council. Mr. Lathrop called called a recess at 9:15 P.M. The meeting reconvened at 9:30P.M., with the following attendance: Present: Bilo, Carson, Draper, Lathrop, Pierson, Becker Absent: Tanguma, Williams, Smith V. PUBLIC FORUM. No one was present to address the Commission under Public Forum. VI. COUNTRY CLUB JOINT VENTURE CASE #21-78 Mr. Wanush stated that the staff had talked to the architect on this project on December 3rd; because of a lack of permanent financing, the project is now at a dead standstill. They are still trying to work out the financing. VII. DIRECTOR'S CHOICE. Mr. Wanush stated that he had nothing to bring before the Commission. VIII. COMMISSION'S CHOICE, Mrs. Pierson stated that she had considered the pros and cons of administrative hearings vs. public hearings during the pro- ceedings this evening. She noted that it is rather awkward to have everyone sworn in before submitting their testimony. She asked the thoughts of other members. Mrs. Becker stated that she felt the presentation by the applicant had been very formal, and asked if it would have been that foraal had this been an "adllinistrative" procedure before the Commission rather than a "hearing"? Mrs. Pierson questioned that the format would have been different in this instance • • I • • ....... ...... • • • • • -18- Mr. Bilo asked when the next meeting was scheduled? Mr. Wanush stated that there is nothing on the agenda until the first meeting in January, unless the Commission wants to have a meeting on December 19th . Mr . Bilo questioned if perhaps the Commission wanted to discuss the administrative hearing pro- cedure at that time? Mrs. Romans stated that there are only one or two matters that are on the tentative agenda for January 8, 1980; perhaps the Commission would want to discuss the hearing procedures at that time . Mrs. Pierson stated • that she for one would like tiae to consider the procedures, and it was determined that this matter would be put on the agenda for January 8th. Mr. Jaaes Keller, Executive Director of the EDDA, asked what progress has been made on the revision of the B-1 section of the Comprehensive zoning Ordinance? Mrs. Romans stated that the staff has been waiting for approval of the Comprehensive Plan, which approval was given by City Council at their meeting of December 3rd. Mr. Keller stated that he would like to urge the Planning Commission to consider the revision of the B-1 District as a priority item. He stated that members of the EDDA are particularly concerned about uses such as pawn shops, used clothing stores, etc. Bilo aoved: Becker seconded: The Planning Commission direct the staff to come up with a draft of the B-1 District re- visions for the meeting of January 8, 1980. Kr. Wanush questioned if the Commission wanted to work on the revision of the Comprehensive Zoning ordinance section-by-section, or revise the entire Ordinance at one time? Discussion ensued. Members of the Commission seemed to feel that they should initially look at one section to see what is entailed in the revision and then deteraine whether it should be by section or if the entire Ordinance should be addressed at once. The vote: AYES: Carson, Draper, Lathrop, Pierson, Bilo, Becker, NAYS: None ABSENT: Williams, Tanguma, Smith The motion carried. Mrs . Becker discussed her displeasure with the mechanical voting system . Becker moved: Pierson seconded: The Planning Commission reinstate the voice- vote procedure to be called by the Secretary. AYES: Carson, Draper, Lathrop, Pierson, Bilo, Becker NAYS: None ABSENT: Williaas, Tanguma, Smith The motion carried • I • - - .. ' • • • • • -19- There being nothing further to come before the co .. ission, the aeeting was declared adjourned at 9:45 P. K. • I • • ~Jo - - • • • • • • -20- IIEIIORANOOM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOIOIENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: Deceaber 4, 1979 SUBJECT: DeDial of Rezoning Request REC<*IIENDATION: Carson moved: Becker seconded: The Planning Commission recommend to City Council that the rezoning of Lots 4 and 5, Sandra's Subdivision from R-1-C, Single-family Residence, to R-2,Medium Density Residence, be denied. AYES: ·Carson, Lathrop, Pierson, Bilo, Becker NAYS: None ABSENT: Williaas, Draper, Tanguma, Smith The motion carried. By Order of the City Planning and Zoning Commission • I • - ( • • • • • BOARD OF ADJUSTMENT AND APPEALS CITY OF ENGLEWOOD, COLORADO DECEMBER 12, 1979 s fB The regular meeting of the Board of Adjustment and Appeals was called to order at 7 :30P.M. by Chairman Dawson. MEMBERS PRESENT: Seymour, Oliver, Brown, Leonard, Pratt, Dawson. MEMBERS ABSENT : Kreiling. ALSO PRESENT : Clark, Assistant City Attorney Pittman, Chief Building Inspector Christy, Recording Secretary -------------------------------------------------------------- ALEX RACHAK 3051 SO . BROAmvAY Mr. Oliver motioned and Hr. Seymour seconded to: REHOVE CASE 53-79, ALEX RACHAK, 3051 SO. BROADWAY FROH THE TABLE . CASE 53-79 Upon a call of the roll, all members voted in t he affirmative and the case was removed from the table. VARIANCE REQUEST : The applicant is requesting a variance from the maximum projection of 30 inches from a building for a sign to a projection of 52 inches for a sign. This is a variance of the Comprehensive Zoning Ordinance, Section 22.7-7,c.7.(c). Chairman Dawson verified that proper posting and legal advertis- ing of this case had been g i v en . The staff report was read and submitted to record . Mr. Alex Rachak, owner of 3051 So. Broadway, was sworn in for testimony. Mr . Rachak stated that he had purchased the property eight (8) years ago and had made many improvements. He explained that he had taken down the large existing sign which had been • I • - ( • • • • • very bad looking and replaced it with a much smal ler and ne ater sign not knowing there was a Sign Code. He stated that the original sign had been 3' X 6' and that the new sign was 2' X 4' which was of lesser square footage and less projection. He stated that he had received no complaints from any of his nei g hbor s and had received compliments because his new sign was s u ch an improvement over the original sign. Mr. Rachak s u b mi tted le tter s from his two adjacent neighbors stating their approval of the sign as Exhibits A-B. There were no others present who wished to speak in favo r or opposition to the variance . Chairman Daw son closed the public hearing . Mr. Seymour motioned and Mr. Pratt seconded that: IN CASE 53-79, 3051 SOUTH BROADWAY , ALEX RACHAK , A VARIANCE BE GRANTED FROM THE ~~IMUM PROJECTION OF 30 INCHES FROM A BUILDING FOR A SIGN TO A PROJEC- TION OF 52 INCHES FOR A SIGN. THIS IS A VARIANCE OF THE CO~~REHENSIVE ZONING ORDINANCE, SECTION 22.7-,c,7 ,(c). All members cast their votes . The vote resulted as follows: AYES: Seymour, Oliver, Brown, Leonard, Pratt, Dawson . NAYS : None. FINDINGS OF FACT : Mr. Seymour stated that the sign was good looking and that it projected 20" less than the previous sign. He furt her stated that as a businessman, the applicant needed the sign for his business. Mr. Oliver stated that because the applicant h a s no gro und space :1e must put the sign on his building . He sta t ed that the subject sign is of less prominence than the old sig n. Mr. Brown stated that the applicant had letter s of app roval from his neighbors and that the sign was an up erading to his business and the surrounding area businesses . Mr. Leonard stated that the applicant had no ground space a nd needed to put the sign on his building and that it was a n improvement over the old sign. He also stated that the applicant did have the approval of the two adjacent neighbors. Mr. Pratt stated that the sign would do justice to all as it is an improvement over the previous sign. He stated that due to the lack of ground space the applicant had a unique situation not created by his own doing . He stated that the variance will not alter the essential character of the district. Mr. Pratt explained to Mr. Rachak that it was citizens of Englewood that had helped design the Sign Ordinance and warned that he should contact the Building Division if he makes further alteration to his building or signs. Mrs . Dawson stated that she felt the applicant had really improved • I • - {( • • • • • his property and needs to advertise his business . She also stated that the applican t had the approval of his neighbors. With an affirmative vote of six members, the variance was GRANTED . Mr . Oliver motioned and Mr. Seymour seconded that : CASE 52-79, HAROLD PATTERSON, 4770 SO. SHERMAN ST., BE REMOVED FROM THE TABLE. Upon a call of the roll , all members voted in the affirmative and the case was removed from the table . Mr. Pittman stated that the applicant, Mr . Patterson, had asked that his case be removed from the agenda. Mr. Oliver motioned and Mr. Seymour seconded that : THAT ON THE ADVISE OF STAFF, THAT CASE 52-79, HAROLD PATTERSON, 4770 So . SHERMAN ST . BE REMOVED FROM THE AGENDA . Upon a call of the roll , all members voted in the affirmative and the case was removed the agenda . JACK T. FIRTH 3280 SO . SHERMAN ST . CASE 54-79 VARIANCE REQUEST : The applicant is requesting a variance to permit the use of these premis es as a commercial repair garage. This hearing is to consider renewal of a previously granted variance for the commercial garage. This is a variance of the Comprehensive Zoning Ordinance, Section 22 .4-5 Permitted Principal Uses. Chairman Dawson verified that proper posting and legal advertis- ing of this case had been given. The staff report was read and submitted to record. Mr . and Mrs . Firth , owners of 3280 So. Sherman St., were sworn in for testimony. Mr. Firth submitted a list of 246 signatures of customers and neighbors approving of the continuation of the previously granted variance of the commercial garage . Mr. Firth explained that originally, he was given a permit to build the 4-car garage and told that his area was zoned for business . He stated that just after the garage had been completed and he had opened for business, he was told that his area was not zoned for business and that he would have to apply for a variance if he was to continue his business . Mr . Firth further explained that -3 - • I • - ( • • • • • • ... he and his wife were both in their 70's and wa nt e d t he income f r om the business to help them make it on their own wi t hout aid s uch as welfare. He stated that he had rec e ived n o complain ts and t ha t he ran a clean business without any advertising . Mr. Firth as k ed that his variance be granted for his lifetime r a ther t han kep t on a yearly renewal basis because it was too h a rd for him t o continuously post his property and ga t h e r signat ures each year . He stated that he would not care if the Bo a rd revoked his varianc e if at any time any complaints were received. He furth er explain e d that in his type of business there was no noi s e, a s th ey d o no t do any body or fender work and were alway s closed b y 5 :00 or 6:0 0 in the evening and did not open befor e 9 :30 o r 1 0 :00 in the mo rnings. Mr. Seymour asked rtr . Firth if he had anyone helpin g him in h i s business. Mr. Firth stated that he had a man h e lping h i m sinc e he had been in the hospital for an extended p e riod of time and while he had been recuperating but stated that he did no t kn ow if the man would continue on or not. Mr . Firth expl a ine d tha t the man works on the cars and take s wha t lab o r costs he puts into his work and he, himself, takes the pro f it f rom the p a rts . He stated that if the man does not help him he cannot make a living because he is not physically able to work . He stated however, that he does open and close the shop, make the appointments and oversees the operation . Mr. Oliver asked if the man worked for Mr . Firth or if he leased the business from him. Mr. Firth stated that he did not lease the business to the man but that he worked for himself . Mr . Oliver expressed his concerns of the situation turning into a matter of leasing the shop either legally or by verbal agreement. Mr . Firth stated that he would never lease the shop under any cir- cumstances. The Board discussed their right and course of legal ac tion to revoke a variance with Mr . Clark , Assistant Ci ty Attorney . There were no others present to speak in favor or oppos i ti o n to the variance. Chairman Dawson closed the public hearing . Mr. Pratt motioned and Mr . Brown seconded tha t : IN CASE 54-79, 3280 SO. SHERMAN STREET, JACK T . FIRTH, THE APPLICANT BE GRANTED A VARIANCE TO USE THE PREMISES AS A COMMERCIAL REPAIR GARAGE. THIS IS A RENEWAL OF A PREVIOUSLY GRANTED VARIANCE FOR A COMMERCIAL GARAGE. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE , SECTION 22 .4-5 b. PERMITTED PRINCIPAL USES. THIS VARIANCE IS TO GO SOLELY TO JACK T . FIRTH FOR A PERIOD OF ONE (1) YEAR. All members cast their votes. The vote resulted as follows : AYES : Seymour, Oliver, Brown, Leonard, Pratt , Dawson . NAYS: None . -4- I • - - ( • • • • • • FINDINGS OF FACT : Mr. Seymour stated that there had been no complaints and the applicant had approximately 100 signatures of approval from the neighborhood . He stated that he felt favorably toward the applicant trying to make it on his own. Mr. Oliver stated that the operation had been run acceptably over the last year which is why the Board continues to monitor it on a yearly basis. He stated that because it appears to some degree that the operation has been given to someone else and if this were to be a complete turnover it might not be the same type of operation, ~.rhich is why he still favors the yearly review . Mr. Brown stated that he felt this was a hardship case and that the applicant should be commended for running his own business at his age and not going on welfare. He stated that the appli- cant runs a good operation and there were no complaints. Mr . Leonard stated that the case generally meets the requirements for renewal and has the agreement of the customers and neighbors . He also felt this was a hardship case because he must make a living to stay off welfare. He stated that there were no complaints but he still favored the yearly rene~val. Mr. Pratt stated that the variance will not weaken the general purpose of the ordinance nor cause any significant change in the zone district. He stated that the variance will not alter the essential character of the district and will not permanently injure the appropriate uses of the adjacent conforming properties . Mr. Pratt stated that at 72 years of age, the applicant does have some need for additional income and to deny him would be a hardship . He further stated that he thinks it is appropriate to review this on an annual basis to make sure that the situation and circumstances don't substantially change in the twelve (12) month period . Mrs. Dawson stated that she thinks the applicant should be commended for making a living for himself and his wife at his age despite his illness . She also favored the yearly review process for renewal . Chairman Dawson stated that there were six (6) affirmative votes and the variance was GRANTED . -5- I • - ( • • • • • • Mrs. Theresa Romero, owner of the property at 200 1-2003 W. Caspian Place, requested that the Board hear her case 55 -79 out of order after the next case on the agenda to give t he applicants, who were to represent her case, additional time to arrive . Hr . Pratt motioned and Mr. Seymour seconded that : CASE 55-79 BE TABLED UNTIL AFTER CASE 56-79 . Upon a call of the roll, all member voted in t he affirm ative and Chairman Dawson declared that Case 55 -7 9 was tabled un til after Case 56-79. RICHARD E. MCKINLEY 3 2 06 W. PI~~ICO DRIV E CASE 56-79 REQUEST: The applicant is reque stin g a variance f rom t he (1) required front yard setback of 25 ft . to a fron t yard se tback of 23 .8 ft. and (2) from the required sideyard of 7 ft . with total setback for both sides of 18 ft . to a 1 ft. side ya rd setback with total side yard setback of 15 .4 ft. The purpose of the variance is to construct a new front porch and a garage addition. This is a variance of the Compreh e n sive Zoning Ordinance, Section 22 .4-2 h . ,(2)(a)-Minimum Front Yard and Section 22 .4-2 I ,(2)(a)-Minimum Side Yard . Chairman Dawson verified that proper posting and legal adver tisin g of this case had been g iven. The staf f repor t was read and sub - mitted to record. Mr . and Mrs. Richard E. McKinley were sworn in fo r t estimony . Mr. McKinley stated that his house faced to the nort h and needed the porch cover to protect his front sid e walk from becoming icy. He stated that he a l so wi shed to build an attached single-car garage addition to the existing single-ca r attached garage to park his five vehicles and get t hem of f t he already congested street and that for these two r eas ons he n e eded the variance. He stated that there were othe r similar porch roof additions in the neighborhood . He submit ted four letters of approval from the surrounding neiehbors as exhibi ts A-D. There was discussion about the existing covered patio in t he rear yard which abuts the property line which had not been shown on the plot plan . Mr . McKinley explained that when the original covered patio had been remodeled into a room addition, they had added the new covered patio along side of it. He stated that the room addition had been done by a contractor a nd he had assumed that the contractor covered the new patio under his permit for the room addition . After examination of the building permit,Mr. Pittman, Chief Building Inspector determined that the covered patio had not been covered under that permit and had not been included in the lot coverage calculations -6- • I • - ( ( • • • • for this variance request . The covered patio extends to the side property line encroaching into the required 7 ft . side ya rd setback making it illegal. Mr. McKinley explained that he had built the covered patio himself and had not been aware of the side yard setback requirements until recently when his contractor had requested the permits for the garage and porch cover addition. The Board asked Mr. McKinley if there was any possible way to locate the fence in the rear yard and provide all of the necessary setback requirements . Mr. McKinley stated that he did no t believe it would be at all possible because of a large 30 f t . t ree which would have to be removed . There was further discussion of the type of garage or carport that Mr . HcKinley was considering and his proposed roo f struc ture style . There was then discussion regarding possible access to the rear yard for fire safety. Mr. McKinley stated that he had planned to install either a double wide door or overhead door at the rear of the garage but had not considered an outside access to the back yard. There were no others who wished to speak in favor or opposition to the variance . Chairman Dawson closed the public hearing . Mr. Pratt motioned and Mr . Oliver seconded that: IN CASE 56-79, 3206 W. PIMLICO DRIVE, RICHARD E . MCKINLEY, A VARIANCE BE GRANTED FROM THE REQUIRED FRONT YARD SETBACK OF 25 FT. TO A FRONT YARD SETBACK OF 23.8 FT. FOR THE PURPOSE OF CONSTRUCTING A NEW FRONT PORCH COVER . THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-2 h. ,(2)(a)-MINIMUM FRONT YARD . All members cast their votes. The vote resulted as follows : AYES : Seymour , Oliver, Brown, Leonard, Pratt, Dawson . NAYS : None. FINDINGS OF FACT : Mr. Seymour stated that be cause t h e front porch faced north it was necessary from a safety standpoint to have the porch cover. He further stated that t here were a number of these porch covers in the neig~borhood and the encroachment would only be 1 .2 ft. into the required front yard setback. Mr . Oliver stated that there were similar granted variances in the neighborhood and that the porch cover was necessary . Mr . Brown stated that the request met all of the conditions required to be granted. Mr. Leonard stated that the Board had granted numerous porch covers in this neighborhood as a safety matter especially during the winter and that the applicant had his neighbors approval . -7- I • • \ - - • • • • • .. • Mr. Pratt stated that the variance would do substantial j us tice to all. He stated that others had been granted similar variances and the cover would improve the neighborhood . Nr. Pratt stated that the variance will not essentiall y alter the character of t he district nor permanently injure the adjacent conformin g prop erties . Mrs. Dawson stated that she felt the northern exposure of t he porch needs the protection of the cover and that many variances of this type had been granted in this area. Chairman Dawson stated that with six affirmative votes, the variance was GRANTED. Mr. Pratt motioned and Mr. Oliver seconded : TO RE-OPEN THE PUBLIC HEARING PORTIO N OF CASE 56-79 . Upon a call of the roll, all members voted in the affirmative and the public hearing was re-opened . rtr . McKinley stated that he would be willing to build a 9 ft . carport area rather than an enclosed garage which would allow a 3 ft. sideyard setback rather than his origi nal request of 1 ft. to provide adequate access to the rear yard and more open space. He further stated that he would construct the carport to match the existing house . The Board discussed the revision of the original variance request. Chairman Dawson closed the public hearing . Hr . Oliver motioned and Mr. Seymour seconded that: IN CASE 56-79, 3206 W. PIMLICO DRIVE, RICHARD E. MCKINLEY , A VARIANCE BE GRANTED FROM THE REQUIRED SIDE YARD OF 7 FT. WITH TOTAL SETBACK FOR BOTH SIDES OF 18 FT . TO A 3 FT . SIDE YARD SETBACK \-liTH TOTAL SIDE YARD SETBACK OF 16. 7 FT . THE PURPOSE OF THE VARIANCE IS TO CONSTRUCT A NEW GARAGE ADDITION . THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-2 I ,(2)(a) MINIMUM SIDE YARD . THIS GARAGE IS TO BE A CARPORT AND TO REMAIN OPEN ON THREE (3) SIDES. All members cast their votes . The votes resulted as follows: AYES : Seymour , Oliver , Brown , Leonard , Pratt, Dawson . NAYS : None . FINDINGS OF FACT : Mr . Seymour stated that due to the applicant's hardship of having five cars for his family's us e, he needed the additional garage space to get the cars off of the street . He stated that the variance would only amount to a 1.3 ft . total difference from the required side yard and would allow 16 .7 ft . between t he two houses . Mr. Oliver stated that the revi sion of t he varianc e request spaces the two dwellings far enough apart that they wou ld be no closer together than had each dwelling had the minimum side yard setbacks . -8- I • - ( • • ( • • • • Mr . Oliver further stated that the applicant had a hardship in garage storage space and the request had merit . Mr . Brown stated that he felt this was a hardship case and that t he addition would fit in with the neighborhood as there are other similar variances in the neighborhood . Mr. Leonard stated that he also felt this was a hardship case because the applicant has five cars . He stated that the revision had created enough open space to enter the rear yard and other space as had been explained by Mr . Oliver. He also stated the applicant had his neighbors' approvals. Mr . Pratt stated that the variance would do substantial justice to the neighbors by removing the vehicles from the street. He also stated that the variance will not injure any adjacent use nor alter the district. He stated that the applicant had the approval of the neighbors and that with the agreed upon adjustment of a carport rather than a garage it would make a fine addition for the applicant and the neighborhood . Mrs . Dawson stated that she liked the idea of the open carport both for the look of open area and also for the fire safety factor . Chairman Dawson stated that with six affirmative votes, the variance was GRANTED . MULTIPLEX CONSTRUCTORS, INC. 2001-2003 W. CASPIAN PL. CASE 55-79 REQUEST : The applicant is requesting a variance from the required rear yard setback of 20ft . to 12 ft. for the purpose of erecting a duplex unit . This is a variance of the Comprehensive Zoning Ordinance, Section 22 .5-9 i .-Rear Yard for Shallow Lots. Mr . Pratt motioned and Mr. Brown seconded : TO REMOVE CASE 55-79 FROM THE TABLE. Upon a call of the roll , all members voted in the affirmative and the case was removed from the table . ~trs. Theresa Romero , owner of the subject property, was previously sworn in for testimony . Mrs. Romero stated that the applicants, Multiplex Constructors, Inc . were not present although they had assured her that they would be . She stated that she knew they had wanted to s tart construction in January and asked if she could present the case as she was familiar with the request because the proposed duplex was being built for her . -9- • I • - • • • • • • Mr . Pittman told t he Board that the City had req ue st e d that the duplex be faced t o Caspian Wa y crea tin g t h e n eces s ary va riance . The Board discussed Mrs. Romero's au t ho rity t o sp e ak for t he applicant in their place with Mr. Clark , Ass istant City At torney. Mr . Pratt motioned and Mr . Brown seconded : TO TABLE CASE 55-79 UNTIL THE JANUARY 1980 ME ETING BECAUSE THE APPLICANT WAS NOT PRESENT. Upon a call of the roll, the vote resulted as follows : AYES : Brown, Pratt. NAYS : Seymour, Oliver, Leonard, Dawson . The motion did not pass. After further discussion by the Board members and legal council, Mr. Clark, Assistant City Attorney the motion was restated . Mr . Leonard motioned and Mr. Pratt seconded that : CASE 55-79, 2001-2003 W. CASPIAN PLACE , MULTIPLEX CONSTRUCTORS, INC ., BE TABLED UNTIL THE JANUARY 1980 HEARING. Upon a call of the roll , the vote resulted as f ollows : AYES: Oliver, Brown , Leonard , Pratt , Dawson . NAYS: Seymour. Chairman Dawson stated that with five affirmative votes the Case 55-79 is TABLED UNTIL THE JANUARY 1980 ~reETING . ---------------------------------------------------------------- Mr. Pratt motioned and the motion was s econded t hat : THE MINUTES OF THE NOVEMBER 14 , 19 79 MEETIN G STAND APPROVED AS WRITTEN . Upon a call of the roll, all members voted in t he affirmative and the minutes stand approved as written. There being no further business before the Board, Chairman Dawson adjourned the December 12 , 1979 regular meeting at 10 :30 P .M. Valerie Christy Recording Secretary -10- I • - - ( ( ( • • • • MINUTES COUNCIL MEETING DENVER REGIONAL COUNCIL OF GOVERNMENTS DECEMBER 19, 1979 Present: William J. Thornton, Chairman Vesta H. Miller, Vice ChaitwOman Sharon Carr Robert F. Clement Dennis Champine Roland Cole Harold V. Cook Doris Durdy Thomas Eggert Fred Fisher Gecrge Garson Robert Gordanier Ted Hackworth Sam Harper Harold Hodges James Lauratis Ken Lewis Kathy Lindhorst Ernest Shelton Rodney Sheffer Norman A. Smith Carl Winkler Also Present: Town of Bow Mar C tty of Arvada City of Lakewood Jefferson County City of Aurora Commerce City Denver, City & County City of Brighton Arapahoe County Greenwood Village City of Glendale City of Edgewater Denver, City & County City of Littleton City of Northglenn Town of Erie City of Wheat Ridge City of Thornton City of Federal Heights City of Westminster City of Broomfield Douglas County Jack Fenlon, Alternate, City of Aurora; Rex Lowell, Chairman of the Citizens .Advisory Committee ; Dave Ruble, Colorado Department of Highways; John G. Welles, Colorado Front-Range Project; John Parr, Colorado Front-Range Project; C. Diane Matt, RTD; Robert D. Farley, Executive Director, DRCOG; and various members of the DRCOG staff. Chairman Thornton called the meeting to order at 7:35 p.m. Roll was called and a quorum declared present. I • - • COUNCIL MINUTES DECEMBER 19, 1979 Page Two Minutes of November 14, 1979 • • • Council on motion by Mr. Cook, suppcrted by Mr. Clement, unanimously approved the minutes of the November 14, 1979 meeting as mailed. Summary of the Executive Committee Meeting held this date. Chairman Clement reported verbally on the meeting held this date and noted that a written summary of the meeting would be included with the next Council agenda. Report of the Chairman Chairman Thornton introduced several new Council members attending their first DRCOG Council meeting, i.e. Dennis Champine, City of Aurora; Robert Gordanier, City of Edgewater; Ken Lewis, City of Wheat Ridge; and Jack Fenlon, Alternate, City of Aurora. Report of Committees Mrs. Miller repcrted that the Prog. Comm. received an excellent briefing this date on .ne Profile of the Denver Region's Economy. This is a newly prepared study and she urged that a similar briefing be scheduled for the entire Council. Adoption of Amendments to the 1979-83 Transportation Improvement Program Mr. Scheuernstuhl, DRCOG staff I explained that the TIP is a document that identifies all the currently funded highway and transit projects for the region on an annual basis. The TIP for 1979-8 3 was previously adopted by the Council and since that adoption there has occurred a need for some changes. The amendments consist of changes in costs, the inclusion of new projects and the deletion of projects. A list was distributed to Council identifying those projects where costs have been changed I new projects added and projects deleted. The Transportation Committee has unanimously recommended favorable action by Council on the Resolution. Mrs. Miller, Program Committee Chairwoman, stated that the Program Committee has also unanimously recommended Council adoption of the resolution amending the 79-83 TIP Program as discussed. Council on motion by Mrs. Miller, supported by Mr. Clement, unanimously adopted Resolution No. 31, 1979, A Resolution to Amend the 1979-83 Transportation Improvement Program. (A signed copy of Resolution No. 31, 1979, is attached to and made a part of the file copy of these minutes.) • I • • - ( • • • COUNCIL MINUTES DECEMBER 19, 1979 Page Three • • • Adoption of Revised SIP Implementation Schedules Mrs. Miller noted that the Program Committee and the Transportation Committee have both recommended favorable action by Council on the resolution adopting the revised SIP Implementation Schedules. Mr. Scheuernstuhl, DRCOG Staff, noted that in September, the EPA approved the SIP with conditions. One condition was that, "Schedules for the study and adoption of transportation measures are revised to meet EPA requirements by January 1, 1980." The DRCOG staff has met with EPA to review these schedules and on the basis of EPA direction, has made minor revisions to the schedules which include certain administrative actions to be taken relative to the SIP activities. The Transportation Committee has recommended approval by Council of these schedules so that they might be submitted to the EPA by January 1, 1980. Council on motion by Mrs. Miller, supported by Mr. Eggert, unanimously adopted Resolution No. 32, 1979, A Resolution Amending the Detailed Schedules for the Expeditious Evaluation, Adoption and Imple- mentation of Transportation Control Measures Specified in the Denver Region Element of the State Implementation Plan. (A signed copy of Resolution No. 32, 1979, is attached to and made a part of the file copy of these minutes.) Schedule Public Hearing for January Cooncil Meeting on Consideration of Changes to the Clean Water Plan and Briefing on Proposed Changes to the Clean Water Plan Relative to Management .Agency Designations. Mrs. Miller, Program Committee Chairwoman, reported that the committee unani- mously recommended that Council schedule a Public Hearing for January on the Clean Water Plan. Council on motion by Mrs. Miller, supported by Mr. Clement, unanimously scheduled a Public Hearing fer the January Council meeting on the Clean Water Plan. Mr. Pampu, DRCOG Staff, noted that approximately two years ago, Council adopted the Clean Water Plan. This is a plan for meeting the water quality standards established by Congress in the Clean Water J\ct Amendment of 1972. This plan has a series of recommendations in it, but the Hearing will focus on the area of Management of Wastewater Facilities and responsibility for ne eting various standards. The Hearing will deal with some changes in the designation of so-called management agencies. At the time Council adopted this Plan and it was approved and certified by EPA, the State added a number of conditions, many • I • - • • • COUNCIL MINUTES DECEMBER 19, 1979 Page Four • • • of which deal with stream classifications and technical issues, but also that Council look at the Management Agency recommendations dealing with Boulder County and the Jefferson County mountain area. Staff is now prepared with a series of recommendations which will be given to Council at the Public Hearing. Adoption of Plan Amendments Pursuant to the Public Hearing Held in November Mrs. Miller, noted that the Program Committee has unanimously recommended favorable action by Council on each of the three resolutions. The three changes to the Growth and Development and Region III Parks, Recrea- tion and Open Space Development Plans include: the 16-mile 0'&-ian Canal Trail in Adams County from the South Platte River to Barr Lake which would be added as a recreational trail corridor. The 180-acre Crown Hill property in Jefferson County was included as a park designation and in Boulder County, the Council would add the 2, 600 acre Walker Ranch near Gross Reservoir as open space. Action on adoption of these three resolutions required an affirmative majority of the Council membership. The chairman noted that a majority of members were present and the vote could be taken. Council on motion by Mrs. Miller, supported by Mr. Cole, unanimously adopted Resolution No. 3 3, 1979, A Resolution Adopting Plan Amendment to the Region III Regional Parks, Recreation and Open Space Development Plan, and the Regional Growth and Development Plan for the Denver Region for the 0'&-ian Canal Trail. (A signed copy of Resolution No. 33, 1979 is attached to and made a part of the file copy of these minutes.) Council on motion by Mrs. Miller, supported by Mr. Clement, unanimously adopted Resolution No. 34, 1979, A Resolution Adopting Plan Amendment to the Region III Regional Parks, Recreation and Open Space Development Plan and the Regional Growth and Development Plan for the Denver Region for the Area Known as Crown Hill. (A signed copy of Resolution No. 34, 1979 is attached to and made a part of the file copy of these minutes.) Council on motion by Mrs. Miller, supported by Mr. Sheffer, unanimously adopted Resolution No. 35, 1979, A Resolution Adopting Plan Amendment to the Region III Regional Parks, Recreation and Open Space Development Plan, and the Regional Growth and Development Plan for I • - • • • • • • COUNCIL MINUTES DECEMBER 19, 1979 Page Five the Denver Region for the Area Known as The Walker Ranch. (A signed copy of Resolution No. 35, 1979 is attached to and made a part of the file copy of these minutes.) Amendment to the Articles of Association As Requested by the Executive Committee Executive Committee Chairman Clement noted that the committee had proposed this amendment to make the Immediate Past Chairman of the Council an Officer of the Council and by virtue of being a Council Officer, the Immediate Past Chairman would also be a member of the Executive Committee. This amendment is proposed so that the other Officers of the Council and the Executive Committee may have the benefit of the experience and knowledge and insights of the Immediate Past Chairman in a formal capacity. This would bene- fit the Council and the Executive Committee in the internal affairs of the Council, and the Immediate Past Chairman could effectively represent the Council in an official capacity in relations with other agencies and organizations. The pro- posed amendment is as follows: I. Amend Article V, Section 1, Page 6, Lines 28 and 29 to read: II. III. IV. 1. The Officers shall consist of a Chairman, Vice Chairman, and Secretary-Treasurer, AND IMMEDIATE PAST CHAIRMAN, all of whom shall be Participating Members by •••• Amend Article V, Section 1 , Page 7, Line 7, to add a new Subsection (d) to read: (d) IMMEDIATE PAST CHAIRMAN. THE IMMEDIATE PAST CHAIR- MAN, WHO SHALL BE THE MOST RECENT PAST CHAIRMAN OF THE COUNCIL, SHALL EXERCISE THE DUTIES OF THE CHAIRMAN IN THE ABSENCE OR INCAPACI'IY OF THE CHAIRMAN, VICE- CHAIRMAN AND SECRETARY-TREASURER • Amend the present Subsection V, 1, (d), Page 7, Line 7, to: Subsection (e). Amend Article VI, Section l(c). Page 8, Lines 1-6, to read: (c) The Chairman, Vice-Chairman, and Secretary-Treasurer, AND IMMEDIATE PAST CHAIRMAN of the Council; where the Chairman, Vice-Chairman, and Secretary-Treasurer, AND IMMEDIATE PAST CHAffiMAN are previously included in (a) or (b) of this section, the Council shall designate a mayor or member of the legislative I • • - • • • COUNCI!. MINUTES DECEMBER 19, 1979 Page Six • • • body of a municipality of the Participating Members, other than the City and County of Denver. Mrs. Miller, noted that the Program Committee unanimously recommended favor-- able action by Council on adoption of this amendment to the Articles. Adoption of this amendment also requires an affirmative majority of the entire Council membership. A majcrity being present, the following action was taken: Council on motion by Mrs. Miller, supported by Mr. Hodges, unanimously adopted the above noted amend- ments to the DRCOG .Articles of Association, Briefing on the Front Range ProJect by the ProJect Staff Mr. Farley introduced Mr. John G. Welles and Mr. John D. Parr, o f the Gover- nor's Front Range Project who were present to brief the Council on the Governcr's 13-County Front Range Project. Mr. Welles, Chairman of the Cocrdinatinq Committee, reviewed the status of the project, along with the project's pro- posed objectives. After a constructive exchange of ideas and direction between the Project staff and the Council members, the following action was taken: Council on motion by Mrs • Miller, supported by Mr. Clement, unanimously requested that a representative from each front range council of governments be appointed to the Governor's Coordinating Board of the Front Range Project; and that the front range councils of governments be represented on each of the Project Task Forces; and that the Project's County Committees be representative of local governments; and that the front range councils of governments be included in the Project's structure and processes in such a way that they can inform and are kept informed throughout the Project. Council requested that the Governor be informed of the above action as soon as possible. Council expressed its appreciation to Messrs. Welles and Parr for attending the Council meeting and sharing their perceptions on the goals and objectives of the proposed project. Mr. Welles assured Council that he would inform the Governor of its concerns and the action taken • •· I • • - • COUNCil. MINUTES DE CE MBER 19, 1979 Page Seven • • • Briefing on the Interstate Transfer ProJect Status Mr. Scheuernstuhl, DRCOG Staff, l:riefed Council on the current status of trans- portation projects funded with the I-470 transfer funds. He noted that 13 pro- jects are being funded by the transfer funds and all must be under contract by 1986. Two projects may not have adequate funds to complete them. These are Kipling from Jewell to Hampden, and Alameda, from Colorado to Havana. With regard to the other 11 projects, each respondent supplied information regarding current project status, any problems causing delays, actions being taken to resolve the problems, and revised project development schedules. The responses were summarized and distributed to Council, along with the project development schedules. TIP Process and Funding Availability Mr. Scheuernstuhl also briefed Council on the 1984-85 TIP which will be mailed to Council with the agenda fer the next meeting. The TIP lists all the federally funded, highway and transit projects fa-the Annual Element fer the first year as well as the remaining four years of the program. The process and the schedule was distributed to Council. With approval by the Transportation Committee, the document should be before the Council for approval on January 16, 1980. The total TIP funding is $107.5 million dollars in federal funds for the Annual Element. That is matched by $73.8 million in local funds fa-a total of $181 million dollars for the Annual Element alone. This is divided into the number of segments included in the program. Regional Law Enforcement Testing and Recruitment Program Mr. Farley noted that during the past few years, extensive research and planning has been done on the issue of law enfa-cement recruiting and testing. The effort has led to a proposal fer a centralized program. Since May of this year, DRCOG staff has been wa-king with a specially appointed 11 member committee of the Regional Law Enforcement Association in the planning of the program. The basic program proposal, which contains a 17 step procedure, is complete. That proposal will be sent during the next week to the Chief Administrative Offi- cers, as well as the Chiefs o f Police, who have all heard the presentation sev- eral times and are familiar with the proposal. The package being sent has com- plete details of the program and the Council was given a tha-ough explanation at this meeting on the contents. Ultimately, the Council members and their respective boards of county commissioners and city councils will be asked to take formal action on the program. • I • - • • • • • • COUNCIT. MINUTES DECEMBER 19, 1979 Page Eight Mr. Shannon, DRCOG Staff, gave the details on the program, noting that re- cently the Regional Law EnfOI'Cement Association has made an inquiry of DRCOG to determine if it is interested in housing the program. In response to that inquiry, staff is currently reviewing fiscal, legal, and staffing issues related to the procJl"am. One possibility would be to develop a multi-jurisdictional agreement between DRCOG and participating jurisdictions clearly detailing the responsibilities of all parties. Additionally, a special advisory committee. composed of one member from each participating jurisdiction would be estab- lished to provide programmatic direction. The pr'OQram's main objective will be to develop a central pool of qualified police candidates from which participating agencies could select personnel. Response to DOT on the 504 Regulations Ms. Frank, DRCOG Staff, stated that in 1973 Congress passed the Rehabilitation Act and contained in Section 504 it is stated that no recipient of federal funds could discriminate against the handicapped, solely on the basis of their handi- cap. In 1979, the final rules that pertained to the DOT were passed and these rules apply to DRCOG. RTD, and the Department of Highways as recipients of transportation monies. Basically the rules deal in the areas of non-discrimina- tion in employment and in the area of program accessibility. DRCOG in response to these rules must submit documentation to the Urban Mass n-ansportation Administration, Federal Highway Administration, and the Federal Aviation Admin- istration. The response consists of these basic items: first, the names of persons responsible for coordination of compliance planning and development of grievance procedures. Mr. Farley's name was submitted for DRCOG, Mr. Beck for RTD, and Mr. Kinstlinger fer CDH. The second is the compliance plan which identifies and corrects any discriminatory policies and practices by any recipients of federal funds. Each agency is responsible fer developing its own component of the compliance plan. This plan will be submitted around May. 1980 after public hearings in April. Council will be kept infCX"med of the status of this submittal. Status of the Regional Airport Study Discussion on this item was deferred to the January Council meeting. Report of the Executive Director 1. Mr. Farley noted that the National Wildlife Federation has filed a lawsuit against EPA with regard to the Denver portion of the State Implementation Plan, indicating that EPA has not followed the regulations, or the Plan was insufficient to meet the requirements set forth either by statute or rules and regulations. DR COG will be following the outcome of that filing. since it was involved in the I • - • • • COUNC TI. MINUTES DECE MBER 19, 1979 Page Nine • • • planning of that original document before it was modified by the Air Pollution Control Commission and its subsequent submittal to EPA by the Governor. 2. Staff met earlier this week with the Business Coalition for Commuting Alter- natives and the Denver Chamber of Commerce on the Rideshare Program and its on-going efforts. A contract to conduct a marketing campaign promoting ride- sharing was extended for 11 months by the Executive Committee at its meeting today with Tracy-Locke Advertising. This is the same firm which handled the DRCOG rideshare promotional program in 1979, resulting in a tripling of the computer based matching file used in the free carpool matching service offered by DRCOG. 3. The Executive Committee authorized acceptance of a $100,000 EPA Gr~nt to fund a two-year study designed to identify means to clean up Sloan Lake on the Denver-Edgewater boundary. 4. A proposal to continue the DRCOG Circuit Rider Program in 1980 was endorsed by the Executive Committee authorizing the seeking of a $19,000 grant from the State Division of Planning. If funded, three communities, Black Hawk, Neder- land, and Superior would participate, each sharing a circuit rider manager equa 1ly. 5. Authorization was also given by the Executive Committee to seek a $60, 000 grant from the FAA to fund the first year of a five-year airport systems planning program to revise the 1974 Airport Systems Plan. The 1974 Plan has been the basis for accelerated airport activities in the metro area, including the Stapleton Master Plan Study, The DRCOG Metro Airport Study and other planning activities. Summaries on these actions, as well as some others, will be mailed to all the city managers in the region tomorrow so they are kept up to date on actions taken. Council members were urged to follow-up within their local 1\risdictions to in- sure that those summaries are being shared with the city councils and boards of county commissioners so they are kept apprised. 6. Several Orientation Sessions will be scheduled for new DRCOG Council Members during January and anyone interested was encouraged to contact the Executive Office. Mr. Farley also reminded Council that the staff was still soliciting opportunities to meet with city councils and county boards to explain DRCOG's programs and plans and develop an on-going dialogue. 7. Mr. Farley regretfully acknowledged the resignation of Ms. Betty Giseburt, who has been DRCOG's .Accountant for the past 13 years and will be leaving the staff effective December 31, 1979. A resolution was presented to Council for a d option commending Ms. Giseburt on her dedicated service to the organization • • I • - - • • • COUNCIL MINUTES DECEMBER 19, 1979 Page Ten • • • Council on motion by Mr. Smith, suppocted by Mrs. Durdy, unanimously adopted Resolution No. 36, 1979, A Resolution Commending Betty L. Giseburt. (A signed copy of Resolution No. 36, 1979 is attached to and made a part of the file copy of these minutes.) Council noted the Calendar of Pending Policy Issues and Actions. AdJournment There being no further business, the Meeting adjourned at 10:05 p.m. ATTEST: Robert D. Farley Executive Director William J. Thornton, Chairman I • - • • • • • • ENGLEWOOD PUBLIC LI BRARY BOARD January 8, 1980 5 D The Englewoood Public Library Adv isory Board met for its regular meet i ng on January 8 , 1980, at 7:30p .m. in the Library ~reeting Room . PRESENT: ABSENT: ALS O PRESENT: Sue lolteller, Dal ton Nyrdyke, Margaret Pearson, Lois Streling and Dorothy Wheelehan. Merlyn Beaver, Glenna Bennett and Paul Busch. Sharon L. Winkle, Director of Libraries Ei leen E. Browne , Recroding Secretary There being a quorum present, Vhairman Sterling called the meeting to order at 7:30 p .m. Margaret Pearson made the motion to : Approve the minutes of the December 11, 1979 meeting as recorded. Seconded by Dalton No r ydyke; th e motion carried unanimously. Chairman Sterl ing read the Board a letter of r esignation from Mr. Paul Busch, in which he stated that he was for ced to resign for medical reasons. Lois Sterling a knowledged a letter from David B. Clayton, former Mayor Pro Tern thank i ng the Board for its participation in the Mayor's Christmas Tree Lighting . LIBR~IAN'S REPORT: The Di rector explained that the narrative Annual Report will be mailed t o the Board Membe rs or be availab l e at t he February Board ~1eeting. The December an d Annua l Statistical Reports were discussed with the Board . The Arapahoe Regional Libr a ry Dis trict Agreement for Library Services (identical to last year's agreement ) was presented to City Council on January 7, 1980 directly from the Office of the City ~1anage r. Cou ncil approved the 1980 Agreement which had been discu ssed with the Board at earlier meetings. Ms. Winkle reported the procedure for reque sting Council representation on the Public Library Board . Dorothy Wheelehan moved that: The Public Lib rary Board request that City Cou ncil appoint one of i ts members to the Board. Seconded by Dalton Nordyke; the motion carried unan imously. Chairman Sterl i ng asked that a letter conveying this reques t be drafted a nd transmitted to Council. • I • - - • • • • -2 - Sharon Winkle advised the Board that two (2) Letters of Intent rega rd ing the LSCA Title I Grant had been submitted to the State Library. One proposal was in regard to Establishing the Englewood Public Library as an Agent for Generation and Dissemination of Local Government Information and the other was for A Model Volunteer Program for Local Collection Maintainance in Colorado Samail Public Libraries. If we receive encouragement from the Stat e Library within the next few weeks a formal grant proposal(s) will be submitted upon approval of the City Manager's office. Copies of the "Library Trustee Workshop s" -A Gui debook to the Englewood Public Library's Local Hisotry Collection" by Mary Mat heson; and -"Libraries Colorado: A Plan for Development" were made available for interested Board ~!embers. Board meeting packets also inclUded a photocopy of the DENVER POST article on Informa- tion Manage.ent Specialists discussed at the last meeting. The Director also described in detai l the proposed new format for the Monthly Statistical Report and requested co-ents or suggestions from the Board . The Board approved the new forJIIat NEMBER'CHOICE: Sue Mueller stated that this was her last meeting as a Board Member and mentioned that she had thoroughly enjoyed the experience. She also thanked the Me.bers for their assistance and cooperation during her term as Board Chainun. Lois Sterling on behalf of the Board and herself thanked Sue for her activ e participation, wonderful attendance record, and stated that she would be aissed by the entire Board . Chairman Sterling re.inded the Board that our next meeting would be the first Tuesday in February, February S, 1980, rather than the second Tuesday .. There being no further business the meeting adjourned at 8:15p.m. • I • • - • • • .. • 5 ENGLEWOOD WATER AND SEWER BOARD Regular Meeting January 8, 1980 The meeting ~s called to order at 5:05 PM by Chairman Gibson. Members present: Gibson. Best. Feamster, Fitzpatrick, Higday. Otis, Schnackenberg Melllbers absent: Ullery. Witthus Also present: Gil Vocate and his architect Mr. McMillian. Councilman John Neil, Bill Jones. Black and Veatch and Stewart Fonda. Director of Utilities Introductions were 1111de to the new members of the Water and Sewer Board, Fitzpatrick. Higday and Otis. I. GIL VOCATE RE~EST FOR SEWER IN EASEMENT ON PROPERTY FOR CLUSTER IOIES Mr. Fonda gave a brief description to the Board lll!llbers on the type of request that Mr. Vocate desired to serve the cluster hollies that he proposes to build in the 3800 block on South Huron and Inca Street. This area does not have sewer available in South Inca and Mr. Vocate proposes to have an easement 10 feet from property line for the installation of sewer service lines for the homes in South Inca. Mr. Vocate stated that each home would have a separate sewer line with cleanouts provided and the sewer line would be castiron. He stated that this type of easement would keep the cost of the home down for the potential buyer. There was a great deal of discussion by the Board members on allowing this type of sewer installation. Several members felt that it was not a good practice to allow a sewer easement to go through another persons property even if the type of home to be built would be an improvement to the surrounding homeowners. Mr. Schnackenberg moved; Mr. Otis seconded: That Mr. Vocate be allowed to install sanitary sewer service lines in easements for the cluster homes in the 3800 block of South Huron and South Inca . • I . • - • • • • • -2- Ayes: Gibson. Feamster. Otis, Schnackenberg Mays: Best. Fitzpatrick. Higday Absent: Ullery. Witthus II. BLACK AND VEATCH REPORT ON RELIEF SEWER LINES Mr. Jones gave an explanation on the report by Black and Veatch on the needed improvements over the next few years for the sanitary sewer in the City. The only area covered on this report is the area in which the City is directly responsible for -.intenance. Other areas such as Valley Sanitation and South Engle.ood were not included as they are on a separate maintenance agreement with the Districts. The area of largest concern is on East Floyd which collects the sewer from the Larwin area. This line is presently surcharging at peak hours and should be the first improvement to be considered. The Board will consider the type of action at their next regular meeting. Ill. REQUEST FROM CITY OF LITTLETON TO WAIVE CHARGE FOR CITY DITCH CROSSING PERMIT Mr. Fonda stated that the City of Littleton had requested permission to waive the charge for the City Ditch Crossing permit. Mr. Fonda informed the members that we collect fi"OII the Parks Departlllent for crossing permits and any other deparbllent in the City that requires a permit. Mr. Fonda stated that the money collected on the crossing permits was used for engineering and inspections. Mr. Schnackenberg moved; Mr. Best seconded: That the City of Littleton's request be denied to waive the charge to cross the City Ditch. Ayes: Gibson. Best. Feamster. Fitzpatrick, Higday. Otis. Schnackenberg Nays: None Absent: Ullery. Witthus Motion carried. • I . • - - Cl <J • • • -3- IV. SUPPLEMENT 11 VALLEY SANITATION DISTRICT This property is located in the area of South Grove Street, south of Belleview (Centennial Race Track). The area contains 114,857 square feet and the developer plans to build three restaurants and one office building on the property. The restaurants contain the following: 150 seats, 100 seats and 50 seats. The office building contains 4,106 square feet. The engineer for the Valley Sanitation District stated that there ~s adequate space available in the trunk line for inclusion to the district. Mr. Best moved; Mrs. Feamster seconded: That the Board recomnend to the City Council approval of Supplement 11 subject to receipt of a letter from Valley sanitation District that acknowledges understanding by the District that no additional taps will be granted under the tap allocation fol"lll.lla because of the additional land added to the District under this and future supplements. ~s: Gibson. Best. Feamster. Fitzpatrick, Higday. Otis, Schnackenberg Nays: None Absent: Ullery. Witthus Motion carried. V. SUPPLDIElfT 70 SOUTHGATE SANITATION DISTRICT This property is located on South Yosemite and south of East Dry Creek Road. The developer plans to build 20 .professional and general office buildings on the 40 acre site. A letter has been received from the District stating that they understand that no additional taps will be added to their allocation because of additional inclusions. Mr. Best moved; Mr. Schnackenberg seconded: That the Board recomnend to the City Council approval of Supplement 70 Southgate Sanitation District. Ayes: Best, Gibson. Feamster, Fitzpatrick, Higday, Otis, Schnackenberg Nays: None Absent: Ullery. Witthus Motion carried. ------- I . - - • • • • • -4- VI ACTION FOR SUPPORT OF THE AMERICAN WATER WORKS ASSOCIATION LAWSUIT AGAINST THE ENVIRONMENTAL PROTECTION AGENCY Mr. Fonda recommended that the City of Englewood join AWWA in its lawsuit against EPA concerning regulations published in the Federal Register November 29. 1979. The Board members were in favor of the support and requested Mr. Fonda to consult with the City Manager. Meeting adjourned at 7:05 PM. ~U.;..,tt··· lhoberts Recording Secretary • • I . • ) - ~I • • • • • ENGLEWOOD DOWN'IUWN DEVELOPMENT AUTIIORlTY BOARD OF DIRECTORS REGUlAR MEETING Wednesday, January 9, 1980 MINU'I'ES 5 FJ Board ~rs Present: Allen, Coleman, Gasson, Glenn, Kaufman, Neal, Robohm Board Members Absent: Holthaus, Mausolf and Maxwell Staff Members Present: James T. Keller, II, Executive Director and Chris Thomspon, staff. Guests and Visitors: Howard Olson, Thad Carson, Joe Bilo, Rich Wanush, Bill Canright. Board Cbairaan Kaufman welcomed the City Council representative to the Board, Mr. John Neal. Board Cbairaan Kaufman extended a velco-and introc!ution of the guests attending the meeting. Boward Olson, Chamber of Commerce; Thad Carson, Planning and ZOning ; Joe Bilo, City Council; Rich Wanush, eon.unity Development and Bill Canright, Rodgers/Byerly. Upon motion by Board me~er Robohm and second by Coleman the minutes of the regular board meeting of December 12, 1979 were approved as corrected (Howard Olson presen t at the meeting, December 12, 1979). Motion carried . Treasurer Casson reported that the Authority has $96,831.06 cash on hand as of Nove~r 30, 1979, which .eans 99' has been collected with approxiaately $92,000.00 to be carried over into the 1980 budget. Upon 110tion by Board member Allen and second by Glenn the bills in the amount of $6,657.17 vere approved for payment. Motion carried. Board member ~ reported on the first section of Architectural/Theme Committee interviews of six prospective architects. The •The-· portion of the committee's work will be addressed after the selection of the architect. Board member Casson reported on the recent Finance and Bond ec.mittee -eting with Wayne Lance of the Small Business Administration regarding Local Development Corporations and their application to development in the E.D.D.A. district. He stated the comnittee will meet again in two weeks. Board ChaNllan Kaufllllln noted the -recent. lac~ of attendance by the Sentinel at our board meetings and expressed concern at the total disinterest by the Denver Post and Rocky Mountain News. Staff member Chris Thompson stated she would contact representati•1es at each newspaper that she had worked with in the past and locate the p.:oper persons for press coverage. Board member Cole.an suggested that the Executive Director prepare a regular news release. Bill Canright of Rodgers/Byerly to report back with sOftie suggestions on how to expand our press coverage. Executive Director Keller reported on the items for E.D .D.A., the City and the bond authority. regarding the E.D.D.A./City responsibilities of of the parking lot, walk-through and mini-park. determined for overseeing the design, plans and for a meeting of the attorneys Certain decisions are necessary future ownership, and maintenance Responsibilities need to be physical contruction of the project. I • - - • • • • Paqe 2 Boa rd of Directors • J a nuary 9, 1 980 A deter11ination must be made as to whether the tax collected funds of E .D.D.A . • -:an be used in the funding of the project, and aaintenance responsibilities. Upon motion by Board .ellber Col~ and 11e00nd by aobohll, the Executive Director is to prepare a letter for the board chair .. n's signature inviting former City council ~rs to actively participate in E.D.D.A. planning and serve on COIIIIIittees. Board Chair.an Kauf.an reainded all present of the bus tour to Old Colorado City, January 26, 1980 Board Chair.an Kaufaan brought to the floor for discussion the Light Rail proposal as covered in the press release of Senator Hugh Fowler. Copy attached and hereby aade a part of these ainutes. Rich Wanush pointed out the difference in the Senator's pl.Am and R.T.D. 's plan of light rail in the So. Santa Fe corridol". Board meabel" Co~n stated the general view of tht! Board that all plans, proposals and ideas should be brougbt to the Board aeetings for evaluation as to how they would affect the !.D.D.A. district. Items six and seven of the Staff report pertaining to the D.D.A. parking lot proposal -re next disc:u.sed. Executive Director Keller read a portion of a letter of proposal fra. TRI. The entire proposal is hereby made a part of these minutes. Support for the need of an economic study was expressed by Board member Allen, ec-unity Devel~t Director Wanush, City Councilman Bilo, who is also a ~r of the City Planning and Zoning Board. ~flpon motion by Board aaber Allen and second by Neal , the executive ~ittee _s authorized to negotiate with Public Service for the acquisition of its properties in the 3400 block of So. Bra.dway and So. Lincoln. All necessary docuaenta relative to the purchase aay be executed, but shall be subject to final approval by the full Board. The Executive Directors ae8:)randua relating to the escalated land values reported in the appraisals was next considered. (Copy attached and hereby aade a part of these •inutes). Upon .otion by Board meaber Neal and second by Allen the never, higher values are to be incorporated in the petition foCJa to be circulated for signature by the property owners. The meeting adjourned at 1:55 p.m • • I . - - • • • • • 1'0: E.O.D.A. Board of Directors DATE: January 9, 1980 FROM: J.-es T. Keller, II RE: 3400 Block of Lincoln street, vacant and I .n the petition prepared for property Ollfl'lers sicp~ature to initiate the for .. tion of the .... s ... nt/i~r~t district I esti•ated the cost of the parkift9 lot and acquisition would be approxi .. tely $265,000.00. This vas b ... d upon the then reasonably current Public Service appraised value of $175,000 or $4.55 per sq. ft., which was furnished us by Jim Challbers. Uaing the $4.55 per sq. ft. value, the Sachter and Stoel properties were co.puted to have a value of $28,437.SO each. The total land cost being $231,17S.OO. ay letter of Septellber 24, 1979 tr-Rich Wanush, a cost esti .. te of $41,761.00 vas indicated aa sufficient to grade, aaphalt, landscape and stripe the parking lot plus build a walk across it. In the tlip c:barts prepared for hte various -etings, I stated an estiaated Public SerYioe Yacant land acquisition cost to be $201,000 ba .. d upon $175,000 plus an esti .. ted 1St increase. This 1St factor vaa also applied to the S.Chter and Stoel properties, giving the• a value of $32,000 each. Total land coat U6S,OOO plus $40,000 rounded cost of illprovements for a total parking lot eati .. ted budcJet of $305,000.00 lie nov have 2 current appraisals of the Public Service properties. a. Danial Clinqer at $7.50 per sq. ft. • $211,SOO.OO b. ..ugbar • Assoc. at $7.90 per sq. ft. • $304,000.00 Por sal-p~ to E.D.D.A., Public Service will use the Clinger value. Me nov have an escalation of Public Service and aquiaition coat tr- $205,000 to $211,500, an $17,SOO or a 43.5t increaae. Applied to the Sachter and ltoel properties the $7.50 per sq. ft. value raises their value fro. $32,000. to $46,175. At initiation of project discussion Total Vacant land cost -llov $201,000. 32,000. 32,000. $265,000. 40,000. $305,000. Publ,ic Service Sachter Stoel $117,250. or 38.4\ $288,500. 46,175. 46,175. $382,2SO. 40,000. $422,250. • I • - - n < ., .· , ..! i .t I • ·I .. _, '1'0: DAft: SUBJECT: • • • 5 MEMORANDUM Honorable Mayor Eugene L. Otis and Members of City Council Louis Parkinson, Municipal Judge1P January 10, 1980 MUNICIPAL COURT ACTIVITY REPORT FOR DECEMBER, 1979, WITH TOTAL ANNUAL FIGURES Attached is the Municipal Court Activity report for the ~nth of December, 1979. The total figures for the year are also reflected. The report is being transmitted to keep you fully infor.ed of Court activity and requires no action by City Council. /b Att. I . - • • • • • • ------------------------~1-NI-S I-I'N--U-·1-I!T----------------------~~ 1\CTIVITY RCf'O RT ~ ~ R£VEillE SOURCE Deceoobl!r 1979 Violations Bureau Fines---------------5 5,077.00 Parking Violation Fines--------------- Court Clses-------------------------- Coort Costs--------------------------- IIi tness Fees-------------------------- Jury Fees----------------------------- Bond Forfeitures---------------------- Dr1ver !11pro-t School Fees------- Appeal Bond Fees---------------------- ArapaOOe County (OUI's)--------------- TOTALS S Arral~ts------------------------- Guilty pleas (incl. nolo pleas ) Not Guilty pleas-------------- Cont'd, Felled to Appear, Oisoo. Traffic Vlol1tions Bureau------------- Guilty pleas------------------ Not Guilty pleas-------------- Trials scheduled for -th------------ Juries scheduled (held)------- Juries cancelled-------------- Juries continued-------------- Juries disooissed-------------- Trials to the Court------------------- Pretrial Conferences------------------ Special HHrings---------------------- cases closed by disposition----------- cases closed by Def. Pros./Sentence--- Oriver School Attendance-------------- Warrants and Executions Issued------··- 2,918.00 7,563 .00 2,620.00 75 .00 25.00 -0- 240.00 -0- 71J.20 19,229.20 219 100 80 39 328 261 67 246 (6) II (I) 8 2 0 235 (5) 153 8 121 10 21 10 s-Month Last Year 2,276.00 2,155 .00 5,596.00 1,035.00 135 .00 -0- -0- 120 .00 -0- 1,237 .50 12,554 .50 324 147 (7) 21 (0) 21 0 0 126 (7) 20 81 17 29 Cases pending (not incl. parking)-----1,471 794 NO. OF CASES FILED BY CATAGORY : llovi ng violations--------------------- Park i n9 violations-------------------- Other ordinance violations------------ Dog ordiftlnce violations-------------- Coq>lai nts (citizen, sa les tax, bldg.) TOTALS cc: Judge Lou is Parkinson 442 1,421 17 20 _1_1 1,911 Coort 292 940 31 24 __ 1 1,288 Honor1ble Mlyor Eugene Otis and llellbers cf City Council Attdy flc:C-., City MINger Bermrd Berlrdini , City Attorney Robert Holnoes, Chief of Police Ca ry lliqbc~. Di rector of finance Carolyne J . Boettger, Court Adlllin is trator • Totals For Year 41,196.01 30,446.50 84,693.50 19,778.00 1,755.00 300.00 1,860.00 2,210.00 1.50 9,751.87 191,992.38 3,375 1,999 (98) 196 (22) 146 23 5 1,804 (I'll) 975 ll4 1,270 46 226 415 4,672 10,361 229 336 ~ 15,644 Totals La st Year 29,26 5.00 27,293 .60 78,980.00 15,086.50 2,060 .00 200.00 612.50 2,330.00 4.50 15,250.00 171,082.60 3,727 2,137 (152) 148 (12) 127 0 9 1,989 (140) 186 1,089 252 265 436 3,424 9,868 260 505 ____1!.. 14,084 I - - ' • • • • s ;/ TO: FROM: Mr. Andy McCown, City Manager :• r Sharon L. Winkle, Director of Librariesl.LU DATE: Deceaber 10, 1980 SUBJECT: Library Advisory Board Resignation ------------------------------------------------------------------------ Enclosed please find the resignation of Mr. Paul Busch, whose term expires February 1, 1982. Mr. Busch resigned due to ill health. SLII':eeb Attachment: As stated . I • - - • • • 6 A C 0 U N C I L C 0 M M U N I C A T I 0 N DATE SUBJE'CT January 21, 1980 AGENDA ITEM Action Rec011111ended Annual renewal of liquor license for FRATElll'S PIZZA INITIATED BY ____ ~C~j•t~y~C"l~eurkL------------------------------------------ ACTION PROPOSED___;ANfiJ.;;;,;.;.:..:.Al~R..::E:..:.NEWA:.....::.....::..l __________________ , Fratelli's Pizza 1200 E. Hampden Ave. Expires_ Hotel/Restaurant 2-8-80 All alcoholic beverage licensees must have their license approved annually for renewal by the local licensin9 authority. • I . • - • •• - • I . • - - • • (I • • • DAL 402 (AEV . 101781 STATE OF COLORADO ~ ~ DEPARTMENT OF IEVENUE RENEWAL APPliCATION F01t IIALT, VINOUS ~-00 NOT W'ittTE. I N TMIS SPACE Ale SPIIIfTUOUs UQUOit UCENIES I (GET APPROVAL Of lOCAL L.JCE:HS1NG AU1'HOIIITY RRST) LIQUOR ENFORCEMENT OFFICER 'S ACTION 00 .oc.u ~OC:l"'tS•OO(; .. .., ... Q.lY '" •t'O V t .. fO Sf .. O '0COtO•ADO O t •Aft1 MIOo;l o• •t vt ., ST A 1(CA•ITO I """"''' Urt , .. , ...... Oi$'1 Ot ... vt• COlO .. ~. NEW Til ...a£ NAME J10r1 t:<; l Plurlrll:k CO 1-. -T tlliS f·IZZ 4 '1 4 .:.hf;<J.)A f~ SlO lA l c:•II H < Li.J -.oRTANT SEE INSTRUCTIONS ON THE REVERSE SlOE . Jl-54'i6E APPROVED DISAPPROVED ----.(WriC(III'I-s:IGfi'A'"fU')t-r--- l ----~[rnJE Jrllilil~ @lilllP!l MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE. TOTAL FEElS) SS No.2 __ 'FEIN -2_6..1.7 N I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL AI'I'LICATION EXCEPT CHANGE OF MANAGER . TRADE NAME OR CORI'ORATE STRUCTURE .•••• , . . . 12 01.) t: i'lt;,..~-ff¥' -.: .. f:NGlEir~"b ···cc-7 ·._ :' . SIGNATU"~ .-..:.. -___ _.._ __ Meilint-._ ___ ...:__._ --__.....:._--_,_··--- .(IF THERE IS A CHANGE IN OWNERSHIP DO NOT USE THIS FORM . USE AN ORIGIN~C:,..PPI.itAT;Q~J : ·-: .. -....... :· .· .: -... MANAGER'S NAME ......... ·-. -~:;:. • . •· • -~~-,'"~LICANT IS A c::~~::~~:~~~~~~::E~=:~;Es~~:· ·~PD l -FL ANO lL:.) 'dil l-~.· T ll tJUO~ LICJ;N~~- -Cll Y t>:> I"F..,Cf-T uA? i-t_~_ Do vou "-.... 1-of me--for which tt•is opplocation lor 1"*-is -1 ~ • I I Arwthe_.__orren~--~lfrented.eflect iwAexpirttiondotoof'--!1'"-J 'JI?L tupplicontfs l oo ott oflioorl~~i on, c:izwnfsl or pennonent res-tfsl of the United StMot ol"' ic:o ond Colo<odo? -~ ts the ~hcant , or any of the pwtners, or eny of the off icers,stockho~ or d irecton; of ufd _,.,.tc.nt (If it is a corpor.rionl. or employ.-of any such , unc»r the • of tliiiWnty-one veers? Yes -------No ~ Has the applicant, or eny of the penners, or any of the oH.cers, stodtholden or dtrecton of uid IIPPf ic.nt (If rt is a ccwporation)..., ta.n con- vtcted of 1 cmne '" the St.te of Colorado o r e iRwhere' ----Y• ----No V If 10, ltlte fu ll detaits ---------------------- Has the eppltcant, or any of the Ptertners, or '"V offteflf . d trector or stod:h~der of s.a td applicant (If tt '' 1 cof'J)Ofetionl e-.r : ~a) been denied 1 hcense under thiS hquor t.w? Yes fbi had 1n elcohohc bever ... hoeme suspended or reiii'Oked ? If the llf"'IWer 11 yes , explam fully (an.ch •per-ate 5hftt, tf ne.dedJ. Yes __ No~ No~- Do yoo or 11ny members of your firnily halfe • f.nanc.al tnt~tre~t .n any other liquor hcen•1 (IUCh finenctal interest to inctude eny equtty intef9st or loans). If the anww. is yes, ••plain fulfy fan.:h ~· --.t. rf needed). Yes No Does eny penon, firm or COfpOt'Mion heve a f inenctet int..-.sc, evidenced e ithet' by lo.ns or equity ownership in the business for which this licen• 11 requested? If the Witwer '' Y•. state naones end eddreun .x:t .mount of such f in.-.c:i-' in terest expreaed eitMr in doU•s or other items of value, such as inventory, furn iture, f ix tura Md equipment. Yes • ...,...- L•st the ntmes and addrenes of all bus•neues in wh1ch any of the penons in the previous question.,.. •nterested. No N..-ne Busmess --~- •u Federal Employers ldent•f•c•t•on Number IFEIN ) •s pre-pnn ted m the above spece, Pl•~e check vour records to see tf you ~"*the same number. If you h.a\le a d i fferent number, correct the one._abo"e so that 11 corresponds with vour recOrds . If no number appt.art 1n the mow SPKe. pteese flll•n wuh the FEIN you hive on vou r records ____ \ • • I • - - I (. • • , • • • • STAT£ Of COLOR "00 County ot• _ __!Otk=!jil*~'-..:+4-r::::::~~...,..."'-------~~-· ----tl""""oa.=-..:..:-.--.:;:=>~=:.::~=-.:;._------ 1nd -• betng by me Hr11t duly or that he '' jth; •.C.C lfle 1 Jif== of me.,,..,_.... coqiOt'MIOf'l; ttw1 he tws r.-1 the f(QfOt,. ._...._ion end tt.t he It,..,. (TIHe ) me contents thereof . eflld that 111 nwtws and th.,.. ttw..n Mt forth are trw of hil own k~ and he ..... to conform to etl rut.~ r ..... tioM p.-omu .. ted by the State 0.-r"t~ of R.....nue '" comwcuon th•.wi1h . Subterib.t and ~n to befor. me ~~--------· ~yo f ._c.~~~-~fp My C u mmo .. oon ,..,.,_:Aif:::......,.....:._;41J:::;_..J_(_/_::9c....:~:..._/ ________ ey lnd~s •nd ell members of ...,._...io rntnt sign hw~: REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY IMonuiocturen, Wholeulen, lmpor1en 1nd Publ ic T<IOIIIOftltion Systems disregord this section) T he for-voing epplicetton has b "n ••..ninecl end the premt ... , busin .. conducted •nd cherecter o f the applicant Is •t•siactorv . end we do report that suc h heenH, if grented. w tll m .. t the ,_.,nabla requ irements of the neighborhood and the dfttres o f 1he inhabiunts, and c omplies w tth tha pro~o~ts i on of An tela •1 , T it le 12, C .R S . 1e73, •• amand«t . T HEREFORE THIS APPLICATION IS HEAEBV APPRO VED . DATED AT. _______ THIS-------OAV OF---------· A .D . 19--------- tNAME Of T O WN. CITV OR COUf'IITVI ______________________________________ _ (MA VOR OR CHAIRMAN OF BO-.RO OF COUNTY COMMISSIONERS OR OTHER TITLE OF LICENSII'otG AUTHORITY.) ATTES1 : (CLERK OA SECRETA RY OR OTt·•Efl: OFFICER HAVING THE OFFICIAL SEAL OF THE LICENSING AUTHORITY.) (If tne ~Memi~es ere loated w i th i n • town ot d ty, the ebOw •PCHo.,.l &:houiCIIIMI .t.-c~ D~ tN fftoiYot anG d..,k,lf In a count~. then •~ tfle chairman ot tM ttMtd of count.-commt•lonen ano thlt defk to the OO.rd . It, o.-Ofdin.ance Of ot"-twtte, tfttl loc.e l llcen-'f'll autftorlt~ is some otft.., official, then such approwal sr.ouNIM 91"*" •~ &:ud'ottl c.ial.) NOTICE TO INSU RE THAT YOUR LICENSE IS ISSUED ON TIME , IT IS IMPORTANT Tt+AT THIS DOCUMENT , WITH YOUR STATE FEE REMITTANCE , BE AT THE COLORADO DEPARTMENT OF REVENUE, STATE CAPITOL ANNEX BUILDING , 1375 SHERMAN STREET , DENVER , NO LATE R THAN THIRTY (30) DAYS PRIOR TO THE EXPIRATION DATE OF YOUR LICENSE . THIS DOCUMENT MUST BE IN THE HANDS OF THE LOCAL LICENSING AUTHORITY AT LEAST FORTY ·FIVE (45) DAYS PRIOR TO THE EXPIRATION OF THE LICENSE . I • - r c • ( ' • • • • , ' ' / City of Englewood ....... MEMORANDUM ------- TO: Marilyn Iron FROM: Captain Ron Frazier DATE: December 12, 1979 SUBJECT: Liquor Outlet Call Report 3400 S. Elali Street Englewood . Colorado 80110 Phone (303) 761 ·1140 Police activity reports reflected on the below listed liquor and/or 3.2 beer outlets establishments are representative for the period November 30, 1978 through November 30, 1979. ENGLEWOOD LIQUOR STORE 3434 So. Broadway St. Requests for Police Assistance Officer initiated activity reports Violations against license FRATELLI'S PIZZA 1200 East Hampden Avenue Requests for Police Assistance Officer initiated activity reports Violations against license SIZZLER STEAK HOUSE 5151 South Broadway Requests for Police Assistance Officer initiated activity reports Violations of liquor license KING SOOPERS STORE 5050 South Federal Blvd • Requests for Police Assistance Officer initiated activity reports Violations of liquor license ) 25 1 1 1 0 0 2 0 0 18 0 0 I • - - ·' ((I ( • • • • • ,. i • TiiE SOU11i DOOR 5470 South Broadway Requests for Police Assistance Officer initiated activity reports Violations of liquor license SHOP N GO MARKET 2901 South BToadway Requests for Police Assistance Officer initiated activity reports Violations of liquor license 7-11 STORE 4400 South Broadway Requests for Police Assistance Officer initiated activity reports Violations of liquor license ALBERTSONS FOOD CENTER 5175 South Broad-ay Requests for Police Assistance Officer initiated activity reports Violations of liquor license [:;;?.if~~/< ~ Ronald D. Frazier 0 Division Commander Investigation Divis1 Englewood Police De partment •• 32 0 0 16 0 0 16 0 0 11 0 0 I • • - - ( • • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE SUBJE'CT January 14, 1980 Action Recommendation INITIATED BY ____ ~P~u~b~l~i~c~L~i~b~r~ar~y~B~o~a~rd~------------------------------------ ACTION PROPOSED ____ co_u_n_c_i_l __ a~p~po __ i_nt __ o_n_e __ o_f __ i_t_s __ m_em_b_e_r_s __ t_o __ s_e_rv __ e_o~n __ t~h~e~Pu~b~l_i~c ____ __ Library Board. INTRODUCTION: Although the requirement that a Council member be appointed to the Public Library Board has been removed from the City Charter by amendment, Board members believe that the participation of a Council aetaber would be valu- able in discussion and development of long-range plans for caa.unity library and information services. BACKGROUND: Effective February 1, 1980, there will be five vacancies on the nine-•eaber Public Library Board. The following documents regarding Board responsibilities are attached for Council's information. 1) Article VIII, Part I of the City of Englewood Home Rule Charter . 2) Excerpts from Guidelines for the Englewood Public Library: RECOMMENDED ACTION: Purpose Authority Duties of the Board. Council appoint one of its members to serve on the Public Library Board. • I • • - ( • • • • • •• • MEMORANDUM TO ENGLEWOOD CITY COUNCIL REGARDING A REC<Mo!ENDATION OF THE PUBLIC LIBRARY BOARD SUBJECT: Appointment of Council 11ember to the Public Library Board DATE: January 15, 1980 At its January 8, 1980, meeting the Public Library Board passed the 110tion that: The Public Library Board request that City Council appoint one of its 11eabers to the Board. Chairman Sterling asked that a letter conveying this request be drafted and transmitted to Council. Sharon L. Winkle, Director of Libraries SLW:eeb : I (·---'.t.:.... •• I • • 0 - - • • • • • PART I. LIBRARY BOAHD -~4 : BOARD CREATED The Public Library Board shall consist of nine (91 members, eight (81 ap· pointed by Council from citizens-at-large with overlapping terms of four (41 years, and one ( 11 councilman. The City Manager shall appoint a member of the library staff to bo an ex officio nonvoting memb~r of the Board. (Amended 5·5- 701 :'i5: POWERS AND DUTIES The Library Board shall prepare and submit to Council a master plan for the de,·elopment and maintaining of a modem library system. The Board will cooperate with Lhe City Manager in preparing its annual capital expenditure budget for Council. The Board is authorized, subject to Council appro\"al. w cooperate with any public or private agency in obtaining space. or for any other purpose. The Board shall have the power to administer gifts and trusts . C!6 :~. 25 . o:t EXCERPT FROM: Booklet HOME RULE CHARTER, CITY OF E~GLEI'/000, COLORADO Amended November 6, 1973. \ I • • - - ( • • • • GUIDELIN ES FOR Til E EN GLEWOOD PUBL I C LIBRA RY (Revised and Approve d by th e 'Library Board December 2 6, 1 97 ~) PURPOSE The purpose of the Englewood Public Library is to assemble, preserve and a dministe r an org ani zed c ollection of books a nd oth e r ma t c ri:tl :: f o r Lil " u se o f the Englewood commun i ty . To promote an informed citizenry through the provision of as well- rounded and comprehensive collection of materials as possible, representing all points of view. To serve as a center of reliable information. To serve as a center of information about Englewood's histo ry and its government. To encourage the use of its materials and services by persons of all ages for their educational and recreational needs. ' To promote the use of library services in all manners feasible such as displays, publicity on library programs and cooperation with community groups. To provide programs for the community which will promote awarenes s of the library's resources. To reach out into th e community to serve through the booknoo bile, through small bran ch libraries, and through special servic e s for the homebound, th e aging and the handicapped. AUTHOIUTY The final authority f or the determination of library polic ies is v es t ed i n th e Engl e wood Ci t y Council, with the advice of the Engl ewood Publ i c Li brary Board. DU'l'I ES OF Til E BOARD It shall be the duty of the Library Board to serve as specified in the Municipal Code. The Board shall act in an advisory capacity to the staff of the Library; shall maintain a current master plan for th: infor- mation of the City Council; shall make long-range plans for houSlng a.td s t a f f ing the Library and s hall procure suitable materials for usc therein. Th e Bo ard shall require from the Dire ctor such reports as may be ne cessary to ke ep informed as to the operations of the Library. I • - - • c • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N AGENDA ITEM January 15, 1980 6 c SUBJE'CT Annexation to Valley Sanitation District Supp 1 ement 11 INITIATED BY ValJey Sanitation Dj strict ACTION PROPOSED Approve annexatjon of addjtjonal land jnto Valley Sanitatjon service area. INTRODUCTION: A request was made by the attorney for Valley Sanitation representing the owners/ developer, of possible annexation to the Valley Sanitation service area which is served sanitary sewer by the City of Englewood. BACKGROUND INFORMATION: Supplement 11 is an area located south of Belleview (Centennial Race Track area) and South Grove Street. The area contains 114,857 square feet and the developer plans to build three restaurants and one office building on the property. The restaurants contain the following: 150 seats, 1~0 seats and 50 seats. The office bu;lding contains 4,106 square feet. The engineer for the Valley Sanitation District stated that there was adequate space available in the Valley trunk line for inclusion to the district . FINANCIAL DETAILS : None I . • ,.,.. ... !In - ( • • • • • RECOMMENDATIONS: That the District be allowed to annex Supplement 11 to Valley Sanitation District subject to receipt of a letter from Valley Sanitation District that acknowledges understanding by the District that no additional taps will be granted under the tap allocation forwula because of the additional land added to the District under this and future supplements. SUGGESTED ACTION: MOVED BY ___________ _ SECOND ____________ ___ YES ______ ~NQ, _____ ~ABSENT _________________ _ • I . • - - • ( • • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD DATE: January 8, 1980 SUBJECT: SUPPLEMENT 11 VALLEY SANITATION DISTRICT RECOMMENDATION: That the City Council approve Supplement 11 to Valley Sanitation District subject to receipt of letter from Valley Sanitation District that acknowledges understanding by the District that no additional taps will be granted under the tap allocation formula because of the additional land added to the District under this and future supplements. Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By ~TL.h~==7s'E~.~G~,a·b~s~on~-------~~'7-~J Attachment Nl • I . - - ( • • • • , C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT January 15, 1980 6 D Annexation to Southgate Sanitation District Supplement 70 INITIATED BY Southgate Sanitation District ACTION PROPOSED Approve annexation of additional land into Southgate Sanitation , service area. I NTROOUCTI ON: A request was made by the attorney for Southgate Sanitation representing the owners/ developer, of possible annexation to the Southgate Sanitation service area which is served sanitary sewer by the City of Englewood. BACKGROUND INFORMATION: Supplement 70 is an area located on South Yosemite and south of East Dry Creek Road. The developer plans to build 20 professional and general office buildings on the 40 acre site. A letter has been received from the District stating that they understand that no additional taps will be added to their allocation because of additional inclusions. FINANCIAL DETAILS : None • I . • - • • - r RECOMMENDATIONS: That the District be allowed to annex Supplement 70 to Southgate Sanitation District. (' • SUGGESTED ACTION: MOVED BY ____________ _ I . SECOND·---------------- YES _____ ~NO ______ ~ABSENT ______________________ __ •· - - ( ( ( • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEW OO D WATER AND SEWER BOARD DATE: January 8, 1980 SUBJECT: SUPPLEMENT 70 SOUTHGATE SANITATION DISTRICT RECOMMENDATION: That the City Council approve Supplement 70 to Southgate Sanitation District. Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By ;T'ho-~--s~E~.-G~i~b-s-on---------~~~ Attachment #2 • , I . - ft • • I • • • City of Englewood 3400 5 El ati Street Englewood . C olorad o 80110 January 11, 1980 Phone (303) 761-1140 Mayor Eugene L. Otis Members of the Englewood City Council 3400 South Elati Street Englewood, Colorado 80110 Dear Mayor Otis and City Council members: The City Planning and Zoning Commission considered a request to vacate the 16 foot alley in Block 4, Englewood Heights Subdivision, at its meeting on September 5, 1979. This would be the right-of-way platted for the Acoma /Bannock alley lying between West Jefferson Avenue and the City Ditch. Because of the City Ditch, the alley has never been improved to extend between West Jefferson Avenue and West Hampden Avenue, but the City has installed an eight (8) inch sewer line within the right-of-way which serves the area between West Nassau Avenue and U . S. 285. The alley provides access to the property at 105 West Jefferson Avenue, owned by Mr. and Mrs . William F. Davis, and to 189 West Jefferson Avenue, owned by Neil I . Marcus. The staff reported to the Commission that when Mr. Davis's request to vacate the alley was referred to other City Depart- ments, the Director of Utilities recommended that the right- of-way not be vacated unless the sewer line were relocated. The Utilities Department would not permit any development over the line because of the difficulty they had experienced in trying to maintain lines in similar situations . Mr. Fonda stated that if the owners could, at their expense, present technical evidence that the line could be rerouted to the satisfaction of the Utilities Department and if the owners would pay for the rerouted line, that he would agree to the vacation. In light of these comments from the Director of Utilities, the Planning Commission voted to vacate the alley in Block 4, Englewood Heights Subdivision only if it were feasible to relocate the eight (8) inch sewer line. I • • • • Mayor Eugene L. Otis Members of the Englewood City Council January 11, 1980 Page -2- It bas now come to our attention that the Director of Utilities bas given Mr. Davis a letter dated January 4, 1980, in which be iaplies that if the alley were vacated, an easement of 16 feet would be required for the existing sewer line plus the right of ingress-egress across Mr. Davis's property to the easeaent. The letter states further that the sewer and easeaent aay be relocated subject to approval by the Utilities Departaent. Since the decision on whether to vacate this alley or not is, in large part, dependent upon consideration of the status of the sewer, and since the Director of Utilities bas withdrawn the stipulation that the alley be vacated onl{ if the sewer line is relocated, the Planning co .. ission wou d, of course, agree with his new position. The co .. ission finds that there is no public purpose for the alley right-of-way other than for the sewer line and if retaining an easeaent for that line is acceptable to the Utilities Departaent, the Coa-mission would concur. Sincerely, gw ' - I • • - - ( _, • • • C 0 U N C I L C 0 M M U N I C A T I 0 N ~·----------~r----------r-------------------------------------, DATE AGENDA ITEM Septeaber 26, 197~ INITIATED BY Property Owners. SUBJE'CT Vacation of Acoma/Bannock alley north of West Jefferson Avenue. Referred by Planning Commission. ACTION PROPOSED City Council approve the vacation of the Acoma /Bannock ~ Alley between West Jefferson Avenue and the City Ditch with conditions. lNTRO:OOCTION: ~he owners of property adjacent to the alley vacation have initiated this r-equest. \. ACKGROUND: ( ~his request completes the vacation of all public right-of-way between ~est Jefferson Avenue and the City Ditch, and south Broadway and South ~nnock Street. An earlier vacation of South Acoaa between West Jefferson ~nd the City Ditch was approved • . "ONCLUS ION: ~cause of certain complications created by the existence of a sewer line in the right-of-way, the vacation should be approved only if the ~ttached conditions are met. L ____ ___. I • - • • ( • • • • -14- Jr'EIIORANWII TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTIO!': OR RECOIOIENDATION OF THE CITY PLANNING AND ZONING COIOIISSI<·N. DATE: Septeaber 5, 1979 SUBJECT: Vacation of Acoma/Bannock Alley just North of West Jefferson Avenue. RECOIIIIENMTION: Smith IDOVed: Carson seconded: That the Planning and Zoning Commission recommend to City Council that the 16 foot alley in Block 4 of Englewood Heights Sub- division, be vacated provided the following conditions are met: 1. The eight (8) inch sanitary sewer line must be rerouted at the expense of the applicants and to the specifications of the Director of Utilities and Director of Engineering Services. 2. The design for the relocated eight (8) inch sanitary sewer must be provided by the applicants at their expense and the design must have an Engineers' seal. 3. If the sanitary sewer line can be acceptably rerouted, the vacation should not be effective until such time as the sewer line is in place and easeaents given to the City therefore. 4. An easement should be given for the existing sewer line which is in the Broadway- Acoma alley extended between the City Ditch and West Jefferson Avenue. If it is not feasible to reroute the sanitary sewer line, the alley should not be vacated. AYES: Tanguma, Becker, Bilo, Carson, Draper, Lathrop, Smith NAYS: Williams ABSENT: Pierson The motion carried. By Order of the City Planning and Zoning Commission • • I • - • • • STAFF REPORT Page -1- STAFF REPORT RE: • • • ALLEY VACATION Case #20-79 Request to vacate a portion of an alley between South Acoma Street and South Bannock Street, north of West Jefferson Avenue to the City Ditch . DATE TO BE CONSIDERED: September 5, 1979 NAME OF APPLICANT TO REQUEST: William F. Davis 105 West Jefferson Avenue Englewood, Colorado 80110 NAMES OF PROPERTY OWNERS: William F. and Harriet A. W. Davis 105 West Jefferson Avenue Englewood, Colorado 80110 Neal I. Marcus 189 West Jefferson Avenue Englewood, Colorado 80110 RELATION OF APPLICANT TO REQUEST: Mr. Davis is requesting the vacation of the subject alley on behalf of himself and other owners of property a~acent to the subject alley. LOCATION OF PROPOSAL: A 16 foot wide dedicated alley in block 4 of Englewood Heights subdivision, located between West Jefferson Avenue and the City Ditch. The alley adjoins property owned by Mr. Marcus on the west side and Mr. and Mrs. Davis on the east . ZONE DISTRICT: The east half of the alley is in a B-1, Commercial Zone District; the west half is zoned R-3, High Density Residential . I • - STAFF REPORT Page -2- DESCRIPTION OF THE REQUEST: • • • ALLEY VACATION Case #20-79 Mr. Davis stated in his request that the alley is not being used for public access, that he and Mr. Marcus are contemplating the joint development of their proper- ties and that as these two properties are the sole users of the alley, the alley should be vacated for their use. PROCEDURE: If the Planning Comaission decides the alley shoul<i be vacated, a recommendation to that effect will be sent to the City Council. If the Co .. ission determines that the alley is needed for a public purpose, such as for the sewer line, a report would not be sent to the City Council unless the applicant appealed the Commission's action. In any event, the Council would be made aware of the action through the minutes. RECOMMENDATIONS FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT : The Staff recommends that the alley be vacated only if the following conditions can be met: 1. The eight (8) inch sanitary line which is in the subject alley must be rerouted to the specifications of the Director of Utilities and Director of Engineering Services, and at the expense of the applicant. 2. The design for the relocated eight (8) inch sanitary sewer must be provided by the applicants at their expense anj the design must have an Engineers seal. 3. If the sanitary sewer line can be acceptably rerouted, the vacation should not be effective until such time as the sewer line is in place and easements given to the City therefore. 4. An easement should be given for the existing sewer lire which is in the Broadway -Acoma alley extended between the City Ditch and West Jefferson Avenue. If it is not feasible to reroute the sanitary sewer line, the alley should not be vacated. • I • - • • STAFF REPORT Page -3- • • • nT\1T~T ON S PY· 2 ALLEY VACATION Case #20-7 9 DESCRIPTION OF THE SUBJECT SITE AND ADJAC ENT AREA: The subject site is a portion o f the alley be tween South Acoma and South Bannock Streets north of West Jefferson Avenue. Access through the alley from West Jefferson Avenue to West Hampden Avenue is blocked by the City Ditch. The topography of the Central part of the alley prevents it being used for access, however, there is limited access f rom the u.s. 285 ramp to a privat e parking lot and to Interchange Park. The subject alley is a dividing line between Zone Districts ; R-3, Residential on the West and B-1, Business on the East. BACKGROUND OF PREVIOUS CITY ACTION RELATING TO THE PROPERTY : This portion of the alley has not bee n used f or publ~ access but has been used for access to the adjoining properties. Except for the 8" s e we r line, no oth e r utilicy service uses this alley. The portion of South Acoma Street which divided the two arcels of Mr. and Mrs. Davis' property was vacated on approval of the Planning Commission in March o f this year. Access to the City Ditch was provided by an easeme nt across the east end of Mr. and Mr. Davis' property, next to South Broadway at the time the City vacated the portion of South Acoma Street lying north of West J e fferson Avenue. An 8" sewer line across the Davis property in the alignment of the alley between Acoma and South Broadway does not show an existing easement. COMMENTS FROM OTHER DEPARTMENTS AND CITY ENGINEER: The City Utilities Director and the City Engine er state that the alley should be vacated only if it is feasibl e for the applicants to reroute the sanitary sewer line at their expense. The applicants must submit a design for the alter- nate sewer line with an Engineer's seal, and the design must be acceptable to the Utilities and En g ineering Departments. They request that the vacation not become final until the alternate sewer line is installed and easements given for the new line. There is an existing sewer line which crosses the Davis property at the location of the Broadway-Acoma alley extended, for which there is no easement of record. It is suggested that as a further condition to the requested alley • I • • - - c STAFF REPORT Page -4- • • • COMMENTS FROM OTHER DEPARTMENTS, continued : ALLEY VACATION Case #20-79 vacation, that an easement be granted for this existing sewer line. If it is determined that the grade is such that the sani- tary sewer line in the subject alley is such that the sewer line cannot be rerouted, the alley should not be vacated. DEPARTMENT OF COIIIIUNITY DEVELOPMENT ANALYSIS: Although the alley is not useful for the purpose of pub- lic access between West Hampden Avenue and West Jefferson Avenue, there is a need to retain it in order to maintain the sewer line which runs through it. If the sewer line can be rerouted to the satisfaction of the Engineering and Utilities Departments and is done so at the applicants' expense, the staff would not oppose the requested vacation. I . • - • • VICINITY MAP NC COH NW 1/4 • --~ ~J t I ., -------~ 29 ~ 5 25 2- ?t :m )1'1 . -. 45 .J4 43 42 41 4() ( ... ."Vi :)16 . 125 37 36 )3« --. :t> • _I I t-= U) ~ u 0 z z <{ m (fj Ul.lj 125 W. HAMPDEN ' ' ' '· ' ' ' ' ' AVE . .: N oO "' I ----~ ' ·$ ~~~ (1,1 ~o · § ,_ 021 = 125 CHEEK I"'~ (10) w:~ Jl•) (18) 49 48 ---oo4--v -~ ',, SCALE : ( = 100': I -cf 11f2S' P4()6 ... I_-->-~ .'!'.---oot.-6 _J6 "' 17 18 L • ... .007-,. -· •• SKEii~ITT ~ /9 ADO 3f;D 2() -00f1'Fjj, -21 22 . •)j;j --. 23 ·:.~<;_L~-~QD . 125 >1 ' ' ' ' W. JEFFERSON AVE. ' ' ' ' ' ' ' ' ' ' I ·~('. . 4 (. I .-- ' ' I 1 ·-.. ' I 1 ~I ·-. . . : I ~ : --111 8 2_~ ~O_?--I I ~I : ; I . i , I I '.;)A} ' . ..._ ' I v-..._~ : .. :-'-.: .. . .. : ' •, I , 1 • .,,,,,.;!47 ',~71 ' b.., l l p )Z' ,, .I .I ' ...... --.. . ' . ..Js , .. --.... '-I ',· -I .... I ! -. ------28 I ·---------;i ; .. ??, I . . . . - -................. .,. 2c.-1 ' I 0 <{ 0 £r Q) 0 (/) j•zs Jl .~ ~.!:<5 j j DEPARTMENT Of COMMUNITY DEVELOPMENT • .::: - I • - • • ,-------, -I i ·~· •n• .. ----I I -, -l I I f-: U) • • • 22!:- 50 003 i ' I ' I I I ' "\ ' ' ' ' \ ' ' ' \ v -~ \ \ \ ' ' ' \ \ \ I 171 ""' ' ' ' ' B .l 8 8 P 3346 .B5 POTENTIAL ALTERNATE SEWER E LOCATION ~~ \ \ -~ --607 ..__; EN GL I:.WQI)') • ' 8 3 \ ' ' 3 4 '- ... ' --------------E 133 (§'> 0 21 ' I I -BI~3"P4 06 - ' ~~---- ~~--- .. I I~~--.·--- 1 I : _ BU!125 P4 0 7 I ;I ' '· 01 (); Ill ,., {10) 471 ---' ~ ' _r -_,- "m/1 I 1_1 1' .._ 'I, o · ·- .rJ o •B• * 115 78 f ~!: -lll i; fa~~ . I II') 50' I • • - - (' ( • ORDINANCE NO.=------ SERIES OF 1980 . t BY AUTHORI TY A BILL FOR • • • COU NCIL BILL NO._~~--­ I NT~ BY AN ORDINANCE VACATING A CERTAIN ALLEY LYING BETWEEN SOUTH ACOMA AND SOUTH BANNOCK STREETS, NORTH OF WEST JEFFERSON AVENU E AN D RETAINING AN EASEMENT THEREIN. WHEREAS, there presently exists a 16 foot wide alley within Block 4 of Englewood Heights; and WHEREAS, the Planning and Zoning Commission of the City of Englewood determined and recommends that said public alley is no longer needed for public access; and WHEREAS, the Planning and Zoning Commission recommended to City Council on September 26, 1979 that said alley be vacated and that the excess right-of-way be retained to provide access to and for an 8-inch sanitary sewer line contained within the alley right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. The hereinafter described property located in the City of Englewood, Arapahoe County, Colorado, be and the same is hereby declared vacated pursuant to the provisions of Part 3, Article 2, Title 43, Colorado Revised Statutes, 1973, as amended, and title thereof shall vest in the owners of the abutting land as provided in said Article, said vacated land being more parti- cularly described as follows: That certain public alley adjoining Lots 9, 10, 11, 12 and 13 on the west; and Lots 4, 5, 6, 7 and 8 on the east of Block 4, ENGLEWOOD HEIGHTS, Arapahoe County, State of Colorado. Section 2. The hereinabove described land is located entirely w1th1n the City of Englewood and does not constitute a boundary line between the City of Englewood and any other county or other municipality. Section 3. The vacation of the hereinabove described alley will not leave any adjoining land without an established public road connecting said land with another established public road. .. , I • ...... ...... ,. ( • • • ~~~ c~~~~--•• The City of Englewood does hereby expressly reserve ~-of-way or easement for the continued use of existing s e wer lines and appurtenances, and for ditches or canals and a p purtenances, for electric, telephone and similar lines a n d appurtenances, if any, now located in the hereinabove described parcel vacated. Introduced, read in full, and passed on first reading on the day of , 1980. Published as a Bill for an Ordinance on the day of , 1980. ---------------------------------- Attest: Eugene L. Otis, Mayor Ex-Officio City Clerk I, Janice L. Watkins, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the day of , 1980. Janice L. Watkins, Deputy City Clerk -2- I . - - • • • .. I • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT January 15, 1980 6 F .. Downtown Development Authority INITIATED BY City Manager's Office ACTION PROPOSED Consider EDDA budget for 1980 and Executive Director's Contract. BACKGROUND The Downtown Development Authority was established in 1978 as a result of a special election by residents and property owners within the EDDA district boundaries that were established by City Council. FINANCIAL DETAILS Section 31-25-815 of the Colorado State Statutes entitled "Employees -Duties -Compensation" states: "The board shall employ and fix the compensation, subject to the approval of the governing body, of the following, who shall serve at the pleasure of the board." "(a) A director, who shall be a person of good moral ... " "(b) A treasurer, who shall keep the financial records ... " "(c) A secretary, who shall maintain custody of the ... " "(d) Upon recommendation of the direction, such clerical, technical, and professional assistants, including ... " Section 31-25-816 of the Colorado State Statutes entitled "Funding -budget" states: "(1) The authority shall adopt a budget for each fiscal year, shall maintain accounts, and shall cause an annual audit to be made pertaining to the fiscal affairs of the authority. Administrative review of the proposed budget shall be in accordance with the policies of each municipality, I • - - • • • • prior to submission of the proposed budget to the govern -ing body for approval." RECOMMENDATION City Council review the attached "Agreement" between the EDDA and the Executive Director and the proposed 1980 budget. Council as the governing body should then be prepared to take action on these items as required by State law. SUGGESTED ACTION: MOVED BY ___________ _ tJ' SECOND ____________ _ YES ____ NO ___ _ • I . • - • • - -' . -::,, THIS AGREEMENT, Mde and entered into thia L d.y of January, 1980, by and bet.._.n the DICLf.:NOOD DC*N~ DEVELOPMENT AU'l'HOitiTY, a Coloracto •unicipal body in.fter refer~red to aa Mcond party, W l1WESSETH: WIIEIIF.As, firat party ia a body corporate, c~reated purauant to the proviaiona of Part I (ll-25-IOU. Colorado Reviaed Statut.eoa, 1973 u -ncSed, and --., Mcond P"'ty cleairea to be -1oyed aa EXECUTIVE DIRECTOR by firat IIIEMAS, firat party i1 deairoua of eaploying MOOnd party, ..,, TIIEREPOU:, in aonlideration of the n~plor-nt of aeeond party by flr•t party, 7111! PARnES DO IIEREBY AGREE AS FOLLOifS: rtrat party doea hareby e11p1oy Hooncl party •• EXECIJTIIII!! DIIIECTOII for the April 16, 1110 upon the followin9 ter .. and aonditiona2 1. hcJinning April 16, 1980 tint party oqrMa to pay HCOnd party the a• of -.,ty-l!itflt 'ltlouaand Dollara ($28,000.00) for one Ill year in eq,..1 ..,th1y inat.l~nta u .. independent contractor . In addition, firat party will pay aeoondl party the 11.111 of an. Hundred ,.." Dollara ($110.00} per .,nth for: auto- l•urance plaft. !he contract •• for the Heond and third year will be deter.iMd by •tua1 .. r_t at the ti• of the nine (9) ..,th review in 1911 and 1912. -.nt and ~rforaanee of the follca.inq ~neral dutiea: (a) General supervilion over and be reapondble for the preparatton of plana and the perfora.nee of the !unctiona of the Author ity in the aanner • authorized by the aututea . (b) Attend all Retinqa of the BoArd. (c) Render to the Bolrd and to the City Council of the City of En9lewood a 110nthly report coverinq activitiea and financial condition of the Authority. I • • • (d) Furnhh the Board with •uch i nfor .. tion or r~rta . toverning the oper•tion of th& Authority as the Board .. y fro. ti• to ti• r~uire • • • - • • ------·---••-..nDTf'II'V 3 . Second ~rty 8hall tate and aubacribe to the oet.h of office and dJaaaU.afied for any fNIIOn witt. the perfonaanc. or relati0ft8hip eabUfl9 bet.~Hft re.iew the ptrforaanc. of Mcoftd party, and i f firat. perty or aecond party ia the fir at nine (9 ) ..,.tba of each contract y.ar of lltiPt.or-tt the pert.iea will ,.. .. J._. ,.. keller. II, 5econct Pu·ty .j • I • -2- • - - • • , oecelllber, 1979 • • • I. • ENGLBMOOD DONN'IQIN DEVELOPMENT AU'l'HORITY 3535 s. Sher.an -Englewood, CO 80110 PUMPS j DIVISIQNS FUnd 80 Division 80 EXPBIIDI'l'URES Budget 1979 SALARIES 1111 Salaries (Staff) $850 per .anth -12 .anths $5,600.00 PENSIOM i ltETIBDml'!' 1311 Social Security 6.13' INSURANCE 1411 1421 1441 1461 Health i Life -$200 per .anth -12 110nths lfort.en's Collpenaation (.15 per $100 salary per .anth) Disability .83 x $100 salary per month Une~l~nt .003 x gross of all salaries OFFICE SUPPLIES 2111 General -$50.00 Per .anth x 12 IIIOilths 2112 Books i -ga:&ines -$10 per IIIOilth x 12 2113 Post•ge -$75 per .anth x 12 2114 Paper -$5 per .anth x 12 PRINTING 2121 Inside -$5 per .anth x 12 2122 Outside -$200.00 per .anth x 12 MISC. SUPPLIES 2251 Food ~xcept conferences ' travel $50 per 1110nth x 12 2275 Fila ' Processing -$10 per IIIOilth x 12 2276 Map Prints -$5 per .anth x 12 2279 Other Misc. Supplies -$25 per .anth x 12 CONTRACTUAL SERVICES ' • 3111 Auditing 3113 County Collection fee lis' (Tax collections reported on net basia) 343.28 1,400.00 8.40 46.48 16.80 350.00 180.00 875.00 140.00 700.00 700.00 0 140.00 140.00 140.00 300.00 $11,079.96 • Actual thru 10/31/79 360 22 0 0 0 0 365 26 62 23 9 850 297 28 0 320 0 1550 $3,912 Propose d 1980 10,200 62 5 1,000 15 85 30 60 0 120 900 60 60 2400 600 120 60 300 500 1950 I • • - - • • • • • FUNDS ' DIViSIONS , Budget '79 •carried forward fro. page 1• --------$11,079.96 3121 Le9al Services 3141 3161 Architectural 3162 Appraisal 3169 Othe•· technical services 3191 Other professional services Executive Director Salary per year 3~ ~ths t $2,083.33 7291.66 ~ • $2333.33 19833.31 EDUCATIOIIAL, TIIAVBL, ' PJOIC'l'ICIIAL SBRVICBS 3211 3212 3213 3221 3231 Travel ' Conference (Includes Meals) Re9istration MileaCJe (Bx. Director auto allowance) - $100 X 3~ a ~th 125 X 8~ Tuition ' Training Mellbe~:ship ' Dues -$50 per JDOnth x 12 Cv~ICATIONS ' UTILITY 3311 Advertising -Legal, $25 per IDOnth x 12 3321 RENTALS 3421 Telephone -$115 per ~th x 12 Installation -one u .. Building Rental 455 X 12 3491 Other Rentals INSURANCE 3761 tqaurance -. offj,ce equpt. + $1,000,000 1,400.00 0 0 0 0 17,708.33 0 0 850.00 0 600.00 175.00 800.00 250.00 3,495.30 0 3762 Insurance Liability Board Mellber ' Ex. Dir. 0 OTHER MISC. EXPDISBS 3799 Other expenses -$50 per JDOnth x 12 700 CAPITOL OUTLAY Office equipaent, furnishings ' fixtures $37,058,59 4421 Office aachines 1,000.00 , 4422 Office furniture ' fixtures 2,750.00 4423 Other equi~nt, furniture, ' fixtures 250.00 $41,058.59 • • pq. 2 to 10£:31 Bud9et '60 $3,912 $ 19,62 5 465 1,000 0 0 0 0 0 0 594 500 17,708 27,12 5 725 1800 420 750 850 1413 0 500 235 600 28 300 821 1380 3495 5460 200 0 0 $29,453 588 I • • 2214 42 $32,297 • - • t • - pq . J FUNDS ' DIVISIONS RBVEIIUES Budget '79 to lOLJl Budget '80 6111 General property tax $119,217.00 $117,122 6121 Specific Ownerahip tax 10,000.00 9,996 6161 Penalties ' Intereat on Delinquent taxea 100.00 617 6812 Interest Barninga on o.po.it 1,000.00 6891 Other .'Ciac. Revenue $130,317 .oo $127,735 $130,000 • ' I • • - • • , • • • • -- C 0 U N C I L C 0 M M U N I C A T I 0 N DATE Jaouary 17. 1980 AGENDA ITEM 6 (g) INITIATED BY City Manager SUBJE'CT liLC coacusSIOIW.-CIT'l CODDDCI ACTION PROPOSED That Council conaider aDd -representatives to attead lational League of Cities Congressional-City Conference. Waahiqton. D. c. • March 16-18. 1980 INTIWDUCTIOR The National Leaaue of Cities annual Congressional-City Conference will be held in Washington. D. c .• March 16-18. 1980. The deadline for advance registration is February 22. BACKGROUND INFOIKATION The City of Enalevood baa in the past been represented at this conference by two-three meabera of Council. In addition. the City Hanaaer baa attended for the last three years. The tt.e spent in Washington. D. C. baa been utilized. in addition to attendance at the conference itself. by personal contacts with various congressmen and federal aaenciu about probl-facing our City. The eaphaais this yeer will be concerning the reenac~t of general revenue sharing which will expire in Septeaber. lleservationa for acc~dations in Washington. D. c .• particularly at the Washington Bilton (conference headquarters). are difficult to confira and can only be secured through NLC for this conference. Funds for this trip have been budgeted for two members of Council to attend; however. it should be noted that additional funds are available at Council's discretion for additional registrations • CONCLUSION AND RECOMMENDATION It is recommended that Council direct staff of its decision to register those members and/or staff who will be representing Englewood at this annual conference. I • • - - • • • MEMORANDUM ,. I • • • 6 h TO: Honorable Mayor Eugene L. Otis and Members of City Council FROM: Louis Parkinson, Municipal Judge DATE: January 10, 1980 SUBJECT: APPOINTMENT OF ASSOCIATE JUDGE I would like to recommend the appointment of Ms. Geraldine Allen as an Associate Judge. Ms. Allen has all of the qualifications required by the Charter and Ordinances of the City to fill the position. She also has had considerable experience in the Municipal Court in Littleton. I am willing to discuss this and related matters regarding Associate Judges at your next study session if you desire. ;;/~er~ Louis Parkinson Municipal Judge I • • - • • • ORDINANCE NO. ( SERIES OF 198~ • • • BY AUTHORITY COUNCIL BILL NO. l INTRODUCED BY KEENA AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN ARAPAHOE REGIONAL LIBRARY DISTRICT AND CITY OF ENGLEWOOD AND DECLARING AN EMERGENCY. WHEREAS, the Arapahoe Regional Library District, being a statutory regional library district organized and existing pursuant to Title 24, Article 90, Colorado Revised Statutes, 1973, as amended, for the purpose of providing library service to the residents of the unincorporated areas of Arapahoe County and those municipalities within said county not operating their own public libraries; and WHEREAS, the City of Englewood operates a public library within its corporate boundaries and desires to cooperate with the District in providing library service to District residents accord- ing to the terms and conditions as hereinafter set forth below and in accordance with applicable statutes of the State of Colorado; and WHEREAS, the parties have contracted previously for a cooperative approach to provision of said library services and desire to continue providing said services between the City and the District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That the City of Englewood, Colorado, a municipal corporat~on, shall enter into an agreement with Arapahoe Regional Library District for the calendar year 1980, a copy of which agree- ment, consisting of four typewritten pages, is attached hereto and made a part hereof by reference, and provides generally as follows : 1. The District and the City shall circulate available items to qualified cardholders and residents while maintaining records to be submitted to each other on a quarterly basis which shall show items circulated by the City to the District and by the District to the City at the rate of $.55 per transaction, and payment for the net difference between said transactions shall be made by library with lesser circulation figures to library with greater circulation figures • 2. The term of this Agreement shall be for the year com- mencing January 1, 1980 through December 31, 1980, during which term all qualified cardholders for both District and City may enjoy reciprocal borrowing at City and District facilities and shall be subject to all applicable rules and regulations associated therewith . I • - • • • • • 3. That neither the District nor the City shall receive any equity in book stock for library facilities by virtue of this Agreement. 4. That District and City shall have access to each other's library records for verification during normal working hours. 5. That the City will establish and maintain a book- mobile stop once a week at Alice Terry School. 6. That auditors will randomly select one month's library transactions of each party for annual audit to verify transactions and each party shall forward results of such audit to other party by June 1, 1981. The District will support costs of said audit in a sum not to exceed $500. Section 2. The Mayor is hereby authorized and directed to execute the same for and on behalf of City Council of the City of Englewood, and the Director of Finance, ex officio City Clerk-Treasurer is hereby directed to attest the same and affix the official seal of the City thereto. Section 3. Inasmuch as the said Agreement is scheduled to become effective January 1, 1980, and should the Agreement not be ratified and approved effective as of that date, the City of Englewood would be penalized as a result of loss of revenues accruing to it. Accord- ingly, the City Council finds and determines that an emergency exists and that passage of the within Bill for Ordinance is necessary for the immediate preservation of public property, health, peace and safety, and said Bill for Ordinance shall become effective upon pub- lication following final passage. Introduced, read in full and passed on first reading on the 7th day of January, 1980. Published as a Bill for an Ordinance on the ______ day of January, 1980. Read by title and passed on final reading on the 21st day of January, 1980. on the Published by title as Ordinance No. ________ day of January, 1980. ex officio City Clerk-Treasurer Mayor ______ , Series of 1980, I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate, and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1980. Jan1ce L. Watk1ns I • - • • • • AGREEI-lEIH FO< LIBAARV SERVICES THiS AGRCEHE!H , ;;-.Jdi!: and l!nt~ted in tu this __ daJ of -----' 137J , by and bot~<~cn the 1<.\,\?.\HOE il.EuiOI!.\l LIGAAil.Y O!Si:l "CT , hcroinl;tor sc~."t;:::"; referred to as "ilistrict", and THC: Clll Or a :Gu:uilOil , a l·:uoicipal Co:oorJt;:o, s~~to of Co1orldV , hereinafter S;)iili!~iiileS referred to as "Citv", I ii,ESSETil: \:i ii:i'E.\5, t ll e ,\ra;>ah~> Regiona l L i ~rary Distr ict, ~oing a s ~a ~"~ort •·o~i ~'"l 1;~•~r1 distri:t o;ga ni :z:l and existin~ our sua ot t o Titl~ 2~, Ar ti:12 g~, c~l~r=~~ \i i thin ~Ji :l ::.o:Jn:.y r:o~ o;:era!.ing the i r own pu~l ic 1 i~rariea; an:1 1 . T~~ ~i s tri~t ~~•11 ~i r c"lat~ t ~ li~rary ~ar1~~11~r; ~f t~~ City of En~1~·.1~~d any ;~,., avoi1a~1~ f?r ~irc"lati~n fr~., the ~;st r ict's li~ra ry fa~iliti~s , and the ~istrict li!>r a ry ~ad a ny it~ availa ~le f or ~i r~ulat i~n fro"' the City's li~rary facili ies . B~th th~ ~istrict an1 the City shall n:aintain circ"~a tion r~co r ds for said transactions an1 sha ll submit th~ same t o each other on a 1'Hrter ly basis . Up on t he r ece i pt of oai1 r epo rts, the City o~a ll debit the ~i strict fo r eac h item c ir- culate1 by the City to ~ist ri ct cardhol1ers, and the District sha ll dc~i t the City for eac h iteM circu'ated by the nistri~t to the Citv ca rd l]olde r s at the rate of fifty- five cents (S~-~~} per transaction , and payme nt for the net difference betwee n said transactions shall be !"a de ac cordingly by the 1 ibrary .,;th the lesser c irculation fin"res to the library vlith the ~reater ci rc ula tion fi qu r es at this rate. 7.. The ter n of ,,;~ agrn e~ent sha ll be fo r the year coM!"enci ng J anuary 1, 198 0 up to and including Dec '!l'l bnr 31, 1~80. During sai1 term, all q"a l ifi e1 ca r 1holders for both the Distri c t and the City libraries may enjoy reciprocal hor rm;ing at bo th the I \ i ~ ! l I • • - - • • • • • -2- City and the District facil itics ~~~spectively; and said cardholders shall b~ su:,jcct to all applicable 1·u le ; and regulation; associated therc~<ith . 3. it is untleri tood b~ttn:en the pJrtics hereto that the Dis::rict ~hlll r.ot 1·ecei·:a any equity 10 book s tuc~ nr in any of Lhe City's libr ar; facilities'.>; Ji•·tu~ of t:1::! terms of this Agn~cmcnt; and, the Citj shall not n~ceive any eQui~y in th2 be:)!< j~~::: ~r in any of the District's libr ary faoilities by virtue of this a;ree::1ent. 4. Th e Jistrict s hall have acces; to City library •ecorj; duri r.~ no:o::Jl business hours for the pu;-~ose of verifying all figures supplied to th2 Jistric~ "Jy th:! ::ity i::':~ the City shall ha\':! ac::ess to District 1 ibrary records f or the sar.::! ;:~:-';JOSe. 5. Jur-i~g !hz !e:-;;~ oi ~h~s ,'\g :-::::::z:'lt , City will ~s~a~l ·ish t:~nd ;;-.J i n~J~:l a t:;:o~~~~~~ sto;:. on a o~:::e ... J-\·:~:!k !J3;i; to ~lie fo11J~'Iin:J area: .\1 i:e Terry ~:hoo l 6. Dur i~g tte a:-;:-::.Ja~ e.:.:::l ~! of :!a:~ ;>artr t:> !his Jg:~::::::!:':!, e:1 a:.!d'it or o:-:~ :::onth's library !.rJ:-~s J:tio:-~s :.!!":~~r!:.!:~:-~ ;>~r:'J J :':t !:> !te !:!r:ts of !:lis ~;;::::':'::~~ :t:J:l ~l re·1i:~·::d . The mo:-tt;, t:> ~e r~·J ie\·:::J :~.a1~ ~e 1·:.:-:~:~~y s~1-:!~t::J by !.h:! a~ditors, t:!:-::.1 ~:1~ re·1 ic:·1 !;hJll be m~~! by ver ifyi:1g ~i-.:~·ofi1::1 r~~~r:1s :>f said !r~r.sacti ~~s or ~y ot!'l~r a':'::!~ted m~i!ns . The r!!s !Jl! of !!a':h ~:1!"1!.!J~ e~d1t :>f :;ai:J !ransa':ti~ns o:c~rring for t~:! tc:~::'l of this a:Jr~!::J2nt shal l t-2 fon·::lr~:d f:>rth · .. dth t:> t.,e o!her party for its r~vicN , !:!~t 1n r.o C'/2:1! la!~r than J~1r.e 1, 1~31. '!'r.? !J~:!ri'.:t \·till Sti?:"J~rt !:Ost of sai 1 ~~::tit to a SIJ:n not to ~~C!!d SSCO .C!:>. !!I \J!Trl~S5 t:~!!:~E~::. !~! ~'rti~s hl'J~ s~t t~eir har.~:; a~:t s~31~ ~~1C'.1. ATT~ST: !:2~re .ary ATTEST: fP.~?.\~9E ?.E>IO~IA~ ~!~~-~~·~ D!Sm!CT By ~-r~,~s~;~~~en~••.,~,~~~,r~a~o~v~r.~·u~~~t~c~~s~-- THE C !TY IJF EN>LEI·mD By -,IT.~a~y~o~r~--------------------- • I • - - • • ORDINANCE NO. I SERIES OF 198~ • • • BY AUT HORITY COUNCIL BILL NO. 1 INTRODUCED BY KEEN& AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN ARAPAHOE REGIONAL LIBRARY DISTRICT AND CITY OF ENGLEWOOD AND DECLARING AN EMERGENCY. WHEREAS, the Arapahoe Regional Library District, being a statutory regional library district organized and existing pursuant to Title 24, Article 90, Colorado Revised Statutes, 1973, as amended, for the purpose of providing library service to the residents of the unincorporated areas of Arapahoe County and those municipalities within said county not operating their own public libraries; and WHEREAS, the City of Englewood operates a public library within its corporate boundaries and desires to cooperate with the District in providing library service to District residents accord- ing to the terms and conditions as hereinafter set forth below and in accordance with applicable statutes of the State of Colorado; and ~ WHEREAS, the parties have contracted previously for a • cooperative approach to provision of said library services and desire to continue providing said services between the City and the District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That the City of Englewood, Colorado, a municipal corporat~on, shall enter into an agreement with Arapahoe Regional Library District for the calendar year 1980, a copy of which agree- ment , consisting of four typewritten pages, is attached hereto and made a part hereof by reference, and provides generally as follows: 1. The District and the City shall circulate available items to qualified cardholders and residents while maintaining records to be submitted to each other on a quarterly basis which shall show items circulated by the City to the District and by the District to the City at the rate of $.55 per transaction, and payment for the net difference between said transactions shall be made by library with lesser circulation figures to library with greater circulation figures. 2. The term of this Agreement shall be for the year com- mencing January 1, 1980 through December 31, 1980, during which term all qualified cardholders for both District and City may enjoy reciprocal borrowing at City and District facilities and shall be subject to all applicable rules and regulations associated therewith • • I • • - - <c • • • • • • 3. That neither the District nor the City shall receive any equity in book stock for library facilities by virtue of this Agreement. 4. That District and City shall have access to each other's library records for verification during normal working hours. 5. That the City will establish and maintain a book- mobile stop once a week at Alice Terry School. 6. That auditors will randomly select one month's library transactions of each party for annual audit to verify transactions and each party shall forward results of such audit to other party by June 1, 1981. The District will support costs of said audit in a sum not to exceed $500. Section 2. The Mayor is hereby authorized and directed to execute the same for and on behalf of City Council of the City of Englewood, and the Director of Finance, ex officio City Clerk-Treasurer is hereby directed to attest the same and affix the official seal of the City thereto. Section 3. Inasmuch as the said Agreement is scheduled to become effective January 1, 1980, and should the Agreement not be ratified and approved effective as of that date, the City of Englewood would be penalized as a result of loss of revenues accruing to it. Accord- ingly, the City Council finds and determines that an emergency exists and that passage of the within Bill for Ordinance is necessary for the immediate preservation of public property, health, peace and safety, and said Bill for Ordinance shall become effective upon pub- lication following final passage. Introduced, read in full and passed on first reading on the 7th day of January, 1980. Published as a Bill for an Ordinance on the tJi:IJ day of January, 1980. Read by title and passed on final reading on the 21st day of January, 1980 • ~ublished by title as Ordinance No. on the c;tlt<l';. day of January, 1980. ex officio City Clerk-Treasurer Mayor --~~---' Series of 1980, I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate, and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1980. Janice L. Watkins I • • - (C • • • • • • AGREEi-lEIH FOR LIBRARY SERVICES TH ~5 AGRCEHLNT , r..ad~ and entered into this __ daJ ol -----·---· 137~, by and bet\·:ecm the A:V.?,\HOL rtE Gi Oi :,l.l Lli;RA~Y OlST ;'{:CT , h~r e in 3~~er so;;;2~~:::2S referred t o as 11 Ll i st rict11 , and THE ClTf or cr;GLH!OOU , a l·iU;1icipal Co.·p o l"J i:~:n , S~J~:! of Colorado , her eina f te r S::H"il.;!times referred to as "City 11 , IHT iiES5 ET il : \!O Ei(EAS, t he ,\ra ;1ahoz ~egion3 1 Li~rary District, ~2ing a s~a t:.~~ory re;~ij:"ta l l ~~r Jry distri~t organ i :ed Jnd e xi s ting pur suant to Titl:! 24, A r ti:::l ~ S:l, ~'1jr:~o \tithin ~~~~ co:.~nty ;::>~ o;;era~ir:g t he ir own pu~1 ic li~raries ; and ~~tv:een the Ci~y an::t the ~istri-;:t. 1. T~g gistrit:t <:~Bll -:i rc'.J1ate t'J l i~rary car11-::J 11er:; 'Jf P•2 City 'Jf En'Jl~~~*'~ any i ~~., availa~le r ~r ~ir ~·Jlati~n f r~M the ~ist rio t 's library fa ~iliti~s, an~ the ':ity !:.h311 dr'='Jla t ~ to Ara;Hh 'J e ~IJ ·.mty res ident:; \'lh'J q!J~lify f'Jr a:d p 'J-;.'jes~ a District li'>rary ~ad any it~ availabl~ for ~i ro ulat ion from th~ City's l ibrary hciliti~s. C'Jt h t;,'! ')istrkt an1 th~ City shal l m3intain t;ir'='J ~at i on r cc'J rds for s aid trans~cti0ns and shall subnit th'! s~m~? to ea ch oth~r on a ,,_Hrterly basis . Upo n t h~ r eceipt nf oaid re,orts , the City o11all debit t he Distri ct fo r eac h itel'l cir- c•Jl ato1 by th~ City to Distri ct card>,olde rs, and the District o h~l l d~b it the City fo r eac h item cir~u'at~d by th~ Qi;tr ict o the Cit'/ card o~lde rs at the r ate of fifty - five cents ($0.55) p~r transa~tio o, and payl'l~n t fo r th~ net difference between said tranoactions shall b~ r ade acc~rdingly by he library vlith the lesoer circulation fi!]'Jres t o the li bnry \'lith th~ ')reater ci rcula tio n fi qu res at th i s rate . 2 . Tho term of to i ~ agr•ement sha 11 b~ fo r tho yea r col'll"en d ng Jan•Ja ry 1 , 1 98 ~ up to and inr.ludi n~ D~c·.,b~r 31 , 1~80. Dur ing said term, all qualified cardh~lders for both the District aod tl)e City libraries l'lay enjoy r eci,roca l ho rrm;in3 at bo th the I • ·-----··--~ - - • • • • -2- City ond t he Distl"ict fo c i l itios 1·o s p~cti v ~ly; and said cardho l ders s~all ~~ su~je;:t to all applico~le 1·ul e; and r eg ula ti on ; ass ocia ted t he r o:·1ith. 3. it is under;tood bet.,ee n the PJr t io s here to that the D1 s ~r i;:t Sh Jll r.ot re;:ei':e any equity 1n book SL oe < nr in ony of ll .e City's l i&r arJ i oc iliti es ~~ J ir tu~ of t:1 ~ terws of thi s ~g.·eemont; ond, th e Ci ty Shlll not rece i ·;e any eq uity i n t~~ boo k :;t;;::: :r in any of the Distr i ct's l ibrary f a;:il i t ies by virtue of th i :; ~g reement . 4, The Jistrict s ha ll hav> access to City 1 ibrary :·eco r ds dur ic,g no;-;;:Jl business hours for t ho ;>u:·;>ose of veri f yi ng all figures supplied to tho District ~Y t~e :i ty ~":! the City shall have a;:;:e;; to Jistrict 1 ibrary records for the sa.::~ ;""~ose . 5. Ju"ing th> term or th;; ,\g";:2.-::e nt , City will osta~l i sh oed .::J i n:J·:, a t:o:"-::o~i~a sto;:. on a ::>:-:~a -J -h·~~k !la.;i; to ~he f on~M'in ~ are:~:: Ali:e Terry !:hool 6. ~u r i "" t~e """"a ~ e"d :t o f oa:h ;>arty :o t his ag":::-->"t• on a"dl t of o"~ :-:ont~':; i he r.!onth to ~e r~·;ie:::J :~a~• ~a r:"~:ml y :o ~~::::l by ~he eo:l i tors, ac:l :·,~ J•e ·;ic:·' ~~lll be na:le by ver ifyi"g :-<:-of;),-, -~c,.:l:; of :;J i d ~raosact ;~,:; or by n~~r a::~~!~1 ,.~~ns . The res"l~ of •~=~ '"""': e:•1i ~ J f 03!1 ~rao s a:t i ~ns ':c"rrin3 for ~~~ t~:·:-, of this ~1ro~::~ent Sh lll ~a fon :Jr :~d for t ~l·lith to t~e other party for i ts r~vi~:., bt in r.o ~nn : later t~an J:~"a 1, 1:31. T~a ~;:trict 1·1ill :;~,P~~rt :ost of :;a!1 ~o1it to a su:n n:~t t'J ~~=~ed sso~.c~. 1:1 IJ!Tri ~SS l:"c1~CF , t 'e ~art i ~s hn a s ~: t foeir ha"~:; a "d s ~a l : :~~c:.. ATHST: ATIEST : P.~\?.;H 9 E RE~l0:1A L L!~".~~y D!STR!C T By ~~r-~~s~.~~~~,-,~ •• ~"~"~"r-3~o~<~r ,--u~ •• ~,7e~as~-- TPC: C lT V 91' Eri~L £\:99~ By~-------------------------r·.ayor I . - - r ( • • • • • 7 8 RESOLUTION NO. ____________ _ SERIES OF 1980 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD TO JOIN WITH THE AMERICAN WATER WORKS ASSOCIATION IN A JUDICIAL CLARIFICATION OF THE ENVIRONMENTAL PROTECTION AGENCY'S REGULATION RELATING TO A MAXIMUM CONTAMINANT LEVEL FOR TOTAL TRIHALOMETHAN~S (TTHM) IN DRINKING WATER. WHEREAS, on November 29, 1979, the Environmental Protection Agency published in the Federal Register a maximum contaminant level (MCL) for total trihalomethanes (TTHM) in drinking water of 100 parts-per-billion. 44 Fed. Reg. 68624, et seq. Said regulation is applicable to community water systems serving 10,000 or more persons; and; WHEREAS, the American Water Works Association (AAWA), a Denver-based non-profit scientific and educational organization containing 31,000 members, including engineers, architects, contractors, manufacturers, public officials, and consultants, as well as water utility per- sonnel, will ask the Circuit Court of Appeals, District of Columbia, to review what it termed "serious scientific, technical, and procedural issues arising from E.P.A.'s development and promulgation of the regulation." And WHEREAS, the Association (AWWA) and the City Council of the City of Englewood believe judicial clarification of the issues relating to said regulation will better enable all parties to meet their responsibilities in pro- viding safe drinking water to the public; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: 1. That the City of Englewood shall join with the American Water Works Association (AWWA) in an appeal for judicial review of the E.P.A.'s regulation on maximum contaminant levels for total trihalomethanes (TTHM) in drinking water of 100 parts-per-billion. ADOPTED AND APPROVED THI~~ DAY OFJ~ , 1980. Eugene L. Ot1s, Mayor I • - - • / \ r • • • • Attest: ex off1c~o city Clerk-Treasurer I, ~ ~ ~do hereby certify that the above and foregoing is a true, accurate and complete copy of~ Bill 'aol' 'P 0 rdinence, iR&~c:ea, ~e~:fJ paaaali OA Hut teaatng 011 tthe c:iTJ~ day of ~-, 1980. ,.ilDiee E.. llatkius, Bepal} €ley "lork I . - • • ( • • • 18 MEMORANDUM TO: Andy McCown, City Manager FROM: Stewart H. Fonda, Director of Utilities nATE: January 16, 1980 SUBJECT: Challenge to EPA Regulation The American Water Works Association is filing an appeal for judicial review of the Environmental Protection Agency's regulation for total trihalomethanes (TTHM) in drinking water. AWWA is asking several cities in the 10,000 to 75,000 popula- tion range to join them in this suit. The regulation, published by EPA on November 29, 1979, sets a maximum contaminant level of 100 parts per billion for TTHM. It applies to all public water supplies that serve more than 10,000 people. Trihalomethanes are organic compounds that result mostly from the interaction of natural organic substances in water and of chlortne used by many water systems for disinfection. One trihalomethane compound, chloroform, has been identified as an animal carcinogen. None has been identified as a human carcinogen. The association (AWWA) said it will ask the Circuit Court of Appeals, District of Columbia, to review what it termed "serious scientific, technical and procedural issues arising from EPA's development and promulgation of the regulation." Thousands of U.S. communities with populations of 10,000 to 75,000 were never notified by EPA that they'd be included in the regulation. The suit will request a remand of the regulations to EPA so that proper public hearings may be held for the purpose of receiving comment from cities in this size range. In addition, a remand of the regulations is needed to allow for assessment of the risks imposed b y the contaminents, establishment of cost/benefit studies, and assess- ment of the general availability o f activated carbon for treatment. The question of whether the regulations should be interim regs or revised regs is an important legal question that will be addressed in the suit. A favorable ruling on this point would severely limit EPA from proceeding with many of its rules. They have proposed these rules as interim regs even though the Safe Drinking Water Act requires they be revised regs. In order to be revised regs, much stiffer require- ments would be imposed on EPA for their implementation. • I • - • • • HemoraodUII to Andy McCown January 16, 1980 Page 2 • • • It is in the interest of the City of Englewood to support AWWA in this effort which calls for review of the proposed regulations. AWWA is asking that EPA justify so.e of the rules which will have a significant financial impact on aany cities. If EPA continued unchecked in the direction it is moving, it could have an econoaic iapact on the City of Englewood. The entire cost of this effort is being funded by AWWA. The City of Englewood will not be asked to participate financially. Stewart kr • .. I • - , • ( • • • • • • 1£ MEMoRANDUM TO: Mayor and Members of City Council FROM: Bernard V. Berardini, City Attorney DATE: January 17, 1980 SUBJECT: Lease Extension Agreement 3400S.Eiati~ e.,.._, Colorlldo 10110 Phone (303) 7111-1140 In your regular Council agenda for January 21, 1980, you will find under the City Attorney's section, a Lease Extension Agreement with the Continental National Bank and Western Property Management Company which extends the term of an existing lease entered into on January 15, 1969, whereby the city is authorized to place certain radio transmitting equipment, including three antennas, atop the Continental National Bank building. The antennas and the pertinent equipment essentially provide for a booster of radio signals to police, fire, and public works vehicles on radio transmission, and are necessary to maintain adequate radio communication within the city. The extension of the prime lease is for a five-year term commencing January 1, 1980, and the consideration, or rental, is to be raised from $180.00 to $250.00 annually. Action to approve the extension of the lease at the in- creased annual rate may be authorized by motion approving the terms of the lease extension and authorizing and directing the mayor to execute the Lease Extension Agreement, on behalf of the City. bb attachment R , tfully /. -~~..._,..._~:-...___:__. ·. v. ~..,_-"""._ ·....._ ty Attorney I • - - • • • • • • • LEASE AGREEP<ENT EXTENS l()lj Continent•l N•t i onal S.nk of Englewood and Bannock Street Associa t es And the Ci ty of Englewood. is hereby extende-d for •n •ddit ionAI five (S) years beg i nn i ng January 1, 1980. All Sect ions as outl i ned i n Lease Agreement dated January 15 , 1969 shall reru i n in effect. except: Ann~l consideration of s aid lease Agreement Extension sn.ll be T\10 HUNDRED FIFTY AND N0/100 DOLLARS {$250.00), beginning January 1 . 1980. Doted : l"'cember I, 1979 t tTY OF ENGLEWOOD , COLORADO P\ilyor CONTINENTAL NATI()ljAL BANK President WESTERN PROPERTY I<ANAGEP<ENT CO . , as Agent f or Continental National Bank Bu i lding. Joint Venture 315041 ~ Englewood. Colorado President • ~ . ' { .. t .•. • ·., ., I • • - - • • • • • LEAS!:: AGIIEEMENT An :..gn.'CIDcot bulw-...-cn the Cuntuu .. nLaJ Nataonal Banl.. o l Fn~-:h '\\'Lk'Cf. t.:o lu- rado , a ud lJ.aDbOL.-k Street -"ssoci:ltes, 9:ll M~tropoliLan Buildmg. Denve r . Colo- r:&do, ht!reana[Le r rc:fcr·rcd Lo as "Rank" and ttw City of e nglewood, Co loa~ad4_., hereiufter referrt.'!d tu as "City '' pertaining a.o l.tk• place ment of thn .. -e p ) 1·adio n .. ~&era &Lup Ulc CoatiDental National Jlank Duildin(;, :.;:s33 South Bannock Stt'c ct , Enclewood, Colorado. Wl"fNESSETII: Seci.!OD 1. Baak hereby lca»e& lo City Ct..'l'Lain itp:.l<'l.' ;uop lhc.· Contincnt.:tl Natio.al 8lmk BWldiJaC, = SouLb lllLDDock lilr.•cl . 1-:nJ:I<•wuod, Culo•·ado , to be -by Cit)' (or tbe purpoae ol inatalli~~~; :lQd m~inl..lmlnj; City 's r-.Wiu l'<..'Jlt'alcrs (Police, fire &Del publac wodut) wtth an :tnLcnna not Lo cXct..·,d Jorty (40) r~..-et beigtlt for wad in conaider:naon of tbc :umual sum of Ot1c llundt·c..'ft J·'i r;"hty anc1 ao/100 J)Q)Jars ($180.00). lection 2. City ag·1-cc£ to work wil.h Lhe ::architect and any QthL·t· ~lptllVJH'i- at.c va~:-"* dcaif..'111lt.ud by Dank in th1..· physical inw&;dblion anfl f,~c::llion ur Uu· raciW repea&er w.d aDteftD& and lO obtain ~~>aid parlil·s approv-..1.1 JJI'im· lo the m- ~. City hereby agrees to save and hold harmless Dank hvm lia- hil ity wluch mi.C'ht .!l'i&c.· ft'Um saitl installatton and rlcx ·s lwrc.·hy a g1•,.,. to m :H n l :ltu provided Bank . ~. Tht• terms of this least• :;;h.:dl 00 fot· a fh''' (:'"l) _r e ar pt"l'iud he - ginning on Jan~ry I . 19G 9 , s uh jed lu autuma li t· :mnuaJ l'l..'lll'Wa l upun t ''tHratwu of the term unlcSti cithc1· p a r ty s hall noUf) t ht• othcl'.nint.•ty (90} day:;; in ach'.lllC(: at alllimc .bl . C ITY OF FNt :t.I·:WOOll . t 'OLOI L\HO AfTEST: lly ____________ _ M:t\vt· y ., l " ;r I • • - - • • • By Sccret:lry • • • . " / . CONTINENTAL NATIONAL BANK .·. ' _, ~ \ By-----~~-'~·~~er~--~--~~-~------------ 8.\NNOCK STREET ASSOCIATF.S Dated this ___ ._._'_ day of------'----------------· 1969 . . : ..... ·., !·: ~~ l .. , ;J .. r: I . - - • • • • • • • 1/J City of Englewood MEMORANDUM TO: Mayor and Members of City Council FROM: Bernard V. Berardini, City Attorney DATE: January 17, 1980 SUBJECT: Lease Extension Agreement 3400 S . Elali Street Englewood, Colorlldo 80110 Phone (303) 761-11-40 In your regular Council agenda for January 21, 1980, you will find under the City Attorney's section, a Lease Extension Agreement with the Continental National Bank and Western Property Manageaent Company which extends the term of an existing lease entered into on January 15, 1969, whereby the city is authorized to place certain radio transmitting equipment, including three antennas, atop the Continental National Bank building. The antennas and the pertinent equipment esaentially provide for a booster of radio signals to police, fire, and public works vehicles on radio transmission, and are necessary to .. intain adequate radio communication within the city. The extension of the prime lease is for a five-year term ~ncing January 1, 1980, and the consideration, or rental, is to be raised from $180.00 to $250.00 annually. Action to approve the extension of the lease at the in- creased annual rate may be authorized by motion approving the terms of the lease extension and authorizing and directing the mayor to execute the Lease Extension Agreement, on behalf of the City • bb attachment I • - - • • • • • LEASE AGREE~ENT EXTEIISION Continental National S.nk of Englewood and Bannock Street Assoc.ia1es and the City of Engl~ood. is hereby e•tendt>d f o r an add i tional five (5) years beginning January 1, 1980. All Sections as outlined i n lease Agreement dated January 15, 11)69 shall reiT\il in in effect, except: Annual consideration of s aid Lease Agreement Exten ~i on s hall be TVO HUNDRED FIFTY AND ND/IDO DOLLARS (S2SO.OO). beginning January 1, 1980 . Dated: l•ecembe r 1 , 1979 CITY OF ENGLEWOOD, COLORADO By Ma yor CONTINENTAL NATIONAL BANK President WESTERN PROPERTY AANAGEPIENT CO . , as Agent for Continental Uational Bank Bu i !ding, Join t Venture 315041, En g I ewood, Co 1 ora do Presidc l'l ' : .. I '· ., I . • - • • - LEASt: AGIIEEMENT rado, a11d &nnock St..rect Associates , 9l l Mctropolii.:Ul Build i n ~. Dcnn:r . Colo- r~. bcrema.fk.·z· rcJc rr<.-d tu as "J\.'\n~·· a nd th<' Ctt)' uf Bngh•wuo<f. Colot-ado . bereiu.f'Ler refern .. -d to as "C ity " perUinin~ l.O lht.• plac'-·ment uf three.· F'l a·adio l'Cpt:&tera aWp Lhc Continental National Bank lluildinJ;. :;333 South D:mnocll Stn'l-'l, Eftci........S, Colorado. WITNESSETll: SeocttoD l. Bank bcrclJy lc:~st.·li w City ct.·t·~in sp~t('t.' atop the.· Conttncnt.al Natiou.l Bank Building, 33.33 SouLh &nnock .st.r\'i..'l. En ~lt.•wuod, Coloa·~1du , to be L&aed by City for the purpose ot hwt.a.Uing and mu.mt;.unin~ Czty 's t-adio rcpt:'alcrs (police, fire aod publtc works) w1th an ant.cnna not lu '-'Xct..·;.'(i fot·ty (-tU) r~. .. et height (or and in conaiderauon or the :lnnual sum of One llund t't.'Ci F i ~hty anri no/100 Dollars (SJ~O.OO). Sec:tion 2. City agrees 1.0 work wilh tbc :lrchttect and any oth<.•J' apptvpri- racliu repeater and anten~W. and to obtain saict p.:trlit·s ~pprov:tl JH'im· to lhc m- nallati<>n. Section 3. City hereby agrees to save and hold h~rmlcss Jl;tnk ft'Om I ia- hility wluch might ::l.l'iSt• f1'0m said &ns~l l :tlion and clot ·s lu•n :lt.V :t g •·•·•· II• m :••nl:••t• 111/'0IIt"a.net • ('U!ot.'l 'in~ !hi:-. in:-.l:•ff :ltlnn 111 tlu · a rnoHIIIl ''' $1UU,IHIH l ~:WO ,tHIII (;t'lll'l':l l proviclt.'<l Bank. SectiOn... nu.· term s of this least· s hall Uc fot• :1 five• (:ll y c~\1' P<'l'iOd he - giunJng on .J.mu:...ry I , 1%~, s uhjt·<.:l to :Jutom;tlk :t nnual i'L'Ill 'Wa l upon t''P•r:Hion • of the: tei'Ul unless ei the r party sh:t ll nu ll f) tlw otht.·•·.nim.•ly (!)Ol ctt y~ in ;uh ::J.tH .. ·c al all tam e s . l'ITY t )F FNCI .I-;\\'(N)I). \'tii .4H L \I'kl v • I ~. p . ' ,t i ·' :, I • - • • • , • ... • • .. • By·--~~4 .. ',~t:~.~~~·~~~~--~E!\IAL NATK>NAL llA""}; By Sl.'Cl'-etary . ., /' . CONTINENTAL NATIONAL llA!\"}; '· __ J' \ l By ____ ~·~-:~·~=-~----~-·-'~~-~------------Pal"Uler JUNNOCK STflEET ASSOCIATES Dated this day of-----------· 196 9. ... -.!.- :' :' ~: 1 i' . ' ~ .. l ·~; . t , .. .. ~ ;..~ 1 • • • ,, ,,~ i : l t; .I !J ,; ••i u il ~i 1:J f ~ i-f ~' . { .... ~ ti ~ . . ~ I • ·tj ~ - - • f • • • .. • 1D City of Englewood MEMORANDUM TO: Mayor and Members of City Council FROM: Bernard v . Berardini, City Attorney DATE: January 17, 1980 SUBJECT: Lease Extension Agreement 3400 S . Elati Street Eng-.,od. Color8do 11011 o Phone (303) 761-11..0 In your regular Council agenda for January 21, 1980, you will find under the City Attorney's section, a Lease Extension Agreement with the Continental National Bank and Western Property Management Company which extends the term of an existing lease entered into on January 15, 1969, whereby the city is authorized to place certain radio transmitting equipment, including three antennas, atop the Continental National Bank building. The antennas and the pertinent equipment essentially provide for a boOster of radio signals to police, fire, and public works vehicles on radio transmission, and are necessary to maintain adequate radio communication within the city. The extension of the prime lease is for a five-year term commencing January 1, 1980, and the consideration, or rental, is to be raised from $180.00 to $250.00 annually. Action to approve the extension of the lease at the in- creased annual rate may be authorized by motion approving the terms of the lease extension and authorizing and directing the mayor to execute the Lease Extension Agreement, on behalf of the City. bb attachment • I • • -• • • LEASE AGREEP'IENT EKTEI<S I ON Continental National Bank of Englewood and Bannock Street Associates and the Ci ty of Englewood, is hereby eKtended f o r ""additional five (S) years beg i nning January I, 1980. All Sect i ons as outlined in Lea se Agreement dated January IS . 1'69 shall remain in effect, e.xcept : Annual conside rat ion of s aid lease Agree.ment [xten~ion shall be TWO HllliDRED FlrTY AND N0/100 DOLLARS (S2SO .OO). beginn i ng January I , 1980 . Dated : loecember I. 1979 CITY Of ENGLEWOOD. COLORADO By "'-vor CONTINENTAL NATIONAL BAliK Presi dent WESTERN PROPERTY P'IANAG[I'I [Nl CO. , as Agent for Continental t~ational Bank Bu ilding, Joint Ventur 31501.1 , Englewood, Colorado Presi d c:nt 'I ''-' r ! : . . •. • . . , I· I • • • - • • LEASE AGIIEE NENT An agn .. -cm c ot bctwe<.'ll lbt: Cunlant.•nlaJ N3-ltona l U.:111k uf Fn;.:h-wu~-d. Colo- rado , aud lJanoock Street Associ1tes. 921 Mt!tropoliu.o Buildmg . Dc'n'·"-·r. Colo- r~. h~re i naft:t:r· referred to a.s "Jlank " ;u1d Uw C'1t)' uf L:nglt:>14'ood , Colorado . bereillaher refe rred to as ''C•ty '' pt!rt:lining 10 t.ht· plact·mcnt of thrL'1..~ (a) rad1o Eacl""""X', Colorado. WffNESSETH: SectlOD l. Baak bc r cby l caik!li w Cny cL·rL:J.m ~act.• ;&.Lop t.hl' ConhnL·nt.a l u.aed by Cit)' Cor the purpose of in»ta.U.inG' and mllli n~uni~ Ctt y 's r.ldio rc...~atc rs (police. fire &Dd public workili) wilh an :tnlcnna not to cXCL'L'<f 1ut·ty (4.0) f~..-et be&gbt for and iD conaider:uwn of tbc :umua.J sum of One Uundnod J·t;..•·htv and D0 /100 Dollars ($1 80 .00). Section 2. City OlG"J'Cc£ Lo wurk wil.h Lbe a.rchit.t!ct and :..an .v othc..·•· appi"OJJI'i- aLe JJ&:"tiCii dc»i~"Datcd by Dank in the physical inllil.all:ttion !t fl4'1 h •c:~1Liun uf llu.• , radio repealer a.Dd a.nt.enn.l and to obtain ~id partil'S ;.~ppnw:.LI pnor to Lhc t.n - Secti011 3. Ci ty herciJy ;t.grt=e& to save and bold harmless llo.lnk from 11:1 - hility which m ighl ;.~ri!il ' fr-om :W.itl an stallatton :1nt.l rit.wH lwrdJY :t.~t·•·•· to m :Hn l.1111 provi&d Bank . ~· Tht.· term s of this l ~:a_st · shall Uc rot· a fn•t• F1 l ve ;tr P<'riutl f'k.'- ginn m g un J.anu:~r·y I , 1 ~!:.1 . :;:uhj~d lu :•utumalil· :t nn uaJ t L.'llt.'\\,tl u.pun ,.,ptr;tt mn of~ term unless either pany s ha ll n olll j t lu-u t ht.·r·.n int_•tv (9\H dan.; tn ad\..liH..'L' of an\' t ·'-PII':AliHII d .t lt• uf il h tlllt n t Lo t':llh't •l_ a t all li me~. C ITY OF FNt~I.E\\t•OI ). t'tH ..(H L \Ill l • . lly ___________ -v M ~nur ( • ~ I ! ;~ ·' ~~ I l 1 ~ ' "; f ; 4i 1 ~ l f ~ i • ' I • • - • • .. .. ~ l ' ... .r f By .. By .. ~ Sccrcury CONTili1£NTAL NATIONA L BA!I."K By ____ ~'~·~.;~.~~--~--~.\-~~~------------ Par!Der .·. B.lNNOCK STRJ:I':T ASSOCIA TI':S Dated this day of -----------------------· 196 9 . , • • I • • • • - - • • • • • 1D City of Englewood MEMORANDUM TO: Mayor and Members of City Council FROM: Bernard v. Berardini, City Attorney DATE: January 17, 1980 SUBJECT: Lease Extension Agreement 3400 S . Elali StrMt Englllwood. Color8do 11011 o Pllone (3031 761-1140 In your regular Council agenda for January 21, 1980, you will find under the City Attorney's section, a Lease Extension Agreement with the Continental National Bank and Western Property Management Company which extends the term of an existing lease entered into on January 15, 1969, whereby the city is authorized to place certain radio transmitting equipment, including three antennas, atop the Continental National Bank building. The antennas and the pertinent equipment essentially provide for a booster of radio signals to police, fire, and public works vehicles on radio transmission, and are necessary to maintain adequate radio communication within the city. The extension of the prime lease is for a five-year term commencing January 1, 1980, and the consideration, or rental, is to be raised from $180.00 to $250.00 annually. Action to approve the extension of the lease at the in- creased annual rate may be authorized by motion approving the terms of the lease extension and authorizing and directing the mayor to execute the Lease Extension Agreement, on behalf of the City • bb attachment • I • - , • • ( • • • • LEASE AGREEPIENT EXTEilSI()tj That certain Lease Agreement dated January 15. 1969 between Continental ,.at ionid Bank of Englewood and Bannock Street Associates and the City of Englewood . is hereby extend~d for an 11dd i tional five (S) years beg i nning January 1, 1980. All Sect ions as out I i ned i n lease Agreement dated January 15. 1~9 shall remilin in effect, e.Ketpt: Annual consideration of said lease Agreement Exten !»i oo shall be TWO HUN~P.EO FIFTY AND N0/100 DOLLARS ($250.00), beginning January 1, 1980 . Dated: l•ecember I, 1979 t lTV OF ENGLEWOOD, COLORADO By 1'1a yor CONTI NENTAL NATIONAL BANK By President WESTERN PROPERTY IIANAGEPIENT CO ., a s Agent for Continental Uational Bank Build ing, Joint Venture )ISO~ I, Englewood, Colorado Preside nt • ' t I ' l t . ~ ~ I t I ~ • • • - • • - LEASt: AGII EEMt:NT ,, ? An agreeme nt bcL .. ·ccn Lht.: CunlHif.'ULal Nata una I B:wl.. ul I n::,k\\'t)f.td , Colo- ra.do, a11d Uaooock Street Associates , 921 Metropoli t3n Building . Dcn\·c•·· Colo- r ado , hereulMJLc1· rcfcrn:d to a s ''Rani.." and the.• C'1ty of Engl~wood, Color..1dt1 , hereia&fter refern~d to as .,Ctty " pt:rt.::u.nin:;. w lhl.• plac t.•m t:..11l of t h n .. 't. .. (:1) radto Enclewood , Colorado. ., ., WrJ'Nt:SSt:l'H: :! Sect.ioo L Ba.Dk bc rcby lcal:K."IIi w Ca ty ct.·r~,n !!Op ~lcl.' atop Lht.· ( 'onttn-.:nt:d Natioaal Bank. &lldi.ng, 33J3 South &Lnnock Srt•c l. E n ~h.·w uod , Colo1 ·adu , t o l;c u.aed by City {or the purpose o1 Ul&Ull.ing and mamt.a inin~; City't:t t-..tdiu n .. 1>f.'at.:rs (police, fire aud pubhc works) .. ·u.b a.n :~.na.cnna nut tu cxct.•,'({ Jot·ty (40) f L'<'l .· be1gbt lor and 10 con&aderauun o f lbc :1nnual s um of Ouc I lund t'c...'Ci I t~ht \' and oo /100 Dollaro ($180.00). $ection 2. City ~n!cli w work w1lh the arclu~t and a nv othl'l' ~appi-oJJ I'i - a_t.c J~:-li caJ dctiiJ.:UatA..<Il.ly Dank in the physical in~Lall ~ttio n and Jpc.·:Hic•n uf t ht· radiu ~a.Ler O&Dd omtennrt and to obtain ~i d parliL·s approv~d JH'IOI' lo the m- Section 3. City herc!Jy agrees to save and hold harmle ss !lank from l i:..l - hility wluch mtghl ~~~·i st · ftom ~id insLall:ttiun and rlut 'S hc ·r·c.·hy :q~•·•·•· tu m :qu l :tut uh.;u r·:Ult't ' c·t n 'L'I'In ;.,: thi,.: i n l'<l:dblum u1 llu • :unuunl nf $1HO .OUf1 /.:;;wo .u4 HI (;t 'th't':tl provided Bank. Sect i on of . ThL· terms of this lca.!it· ~h.:.lll be fot· a fl\'t ' (:''•) \'ca r p<•t·iud he- gmnmg un .J.Jnua r·y J, 1%~. !liuhjl:'c.:l tu :tutomalH' :•mwal JL.'Jtc.•wa l up••n t '\JIII':ttH m o f tht te nn unless cithl·r pa rt~ ~h.dl not •(~ tht• utht..·r .n inL·Iy (~Ol da\'ii> an ach.tuc.·c of anv t \fllt":.tlioil d .tU•uf tlh n•l• u t lo t ':tlln I . a t all t tm cti . ' C IT \' elF FNc:t .l·\\'(lf>H . t't ii ,CJJI \I•) ~ c { . '( lly ________ . -·- M :t\U J' I • • - • • - By______ / St..-creu.ry CONTINlNTAL NATIONAL B.-I.!'."K i '· _, \... \. •• 1'\. By ____ ~~~----~~~------------ Par11M!r n.~NNOCK STfl.CET ASSOCIATES Dated this day of-----------------------· 196 9 . • • , • : . .. } •.• J ,· . .. ~ ., ' ; I ; J I • - ( • • • • City of Englewood TO: Honorable Mayor and Members of City Council FROM: Bernard V. Berardini, City Attorney 3400 S . Elati Street Englewood . Colorado 110110 Phone (303) 761-11-40 SUBJECT: Authority of City Council to Order or Direct Recount of Ballots Cast at November 6, 1979 General Municipal Election. DATE: January 18, 1980 QUESTION Does the City Council have the lawful authority to order or direct a recount of the votes cast for the candidates for City Council at the November 6, 1979 general municipal election? OPINION It is the opinion of this office that the City Council does not have the lawful authority to order or direct a recount of votes cast at the November 6, 1979 general municipal election. DISCUSSION On November 30, 1979, Mrs. Isabella C. Knight, a poll watcher at Precinct No. 2 at the general municipal election of November 6, 1979, submitted a written statement to the City Clerk alleging that certain irregularities occurred at Precinct 2, as follows: (1) Wrong sample ballots were distributed. (2) She, as a poll watcher, was not sworn in by the election judges. (3) The several judges at Precinct 2 did not permit her to view the tabulations of the results from the election machines • I • - Honorable Mayor and Members of City Council Page 2 • • • January 18, 1980 ( On December 8, 1979, Mr. Gary Bigbee, Director of Finance, ex officio City Clerk, responded to Mrs. Knight's complaint. Mr. Higbee answered Mrs. Knight stating essentially that she should have been sworn and she should also have been permitted to see the tabula- tion of votes. Mr. Bigbee further stated that she would have been allowed to see the tabluation had she brought the matter to the attention of the City Clerk's office at the time. The correct sample ballots were delivered to Precinct 2 prior to 9:00 A.M. on the morning of the election. (See complaint and letters attached). On December 7, 1979, Mrs. Beverlee H. Howe, a poll watcher in Precinct 1 in the November 6, 1979 general municipal election, reported that she had observed errors in the tabulation of the votes and reported that information to Mr. John Lowry, the acting City Clerk. The written response to Mrs. Howe was forwarded to her by Mr. Gary Higbee on November 21 and December 18, 1979 advising Mrs. Howe that when the error was discovered, the vote count was corrected, and the correct results certified by the election judges to the Election Commission. (Correspondence from Mrs. Howe and Mr. Higbee attached) This office is advised that both Mrs. Knight and Mrs. Howe received copies of the Colorado Municipal Election Code on some date prior to the November 6, 1979 general municipal election. On various dates and times since November 6, 1979, the complainants, in addition to the written complaints filed with Mr. Higbee, presented the same or similar complaints to a number of other public offices, including the office of the Secretary of State, the Arapahoe County Clerk and Recorder, the Arapahoe County Judicial Administrator, and to the District Attorney for the Eighteenth Judicial District. On January 7, 1980, Mrs. Isabella Knight appeared before the first regular meeting of the Englewood City Council, and, on the basis of the irregularities described in the previous paragraphs, requested that the City Council direct a recount of the votes cast in each of the 16 precincts in order that no question should remain in anyone's mind as to the accuracy of the canvass returns of the election judges. Whereupon, City Council directed this office to submit its written opinion on the question raised by complainants. The Constitution of the State of Colorado directs that the General Assembly must, by general law, designate the courts and judges by whom the several classes of election contest shall be tried and regulate the manner of trial and all other matters incident • I I . - ( • • c • • • • Honorable Mayor and Members of City Council Page 3 January 18, 1980 thereto. 1 This mandate covers proceedings for the contesting of elections of municipal of~icers as well as that for the various state and county offices. The "Colorado Municipal Election Code of 1965" contains a complete psocedure for the contest of elections in statutory cities and towns. All of Englewood's municipal elections are governed by the provisions of the Colorado Municipal Election Lawi, as amended or as modified by other provisions of the City Charter. Section 31-10-1301, CRS '73, as amended, provides as follows: "31-10-1301. Who may contest --causes. "(1) The election of any person declared duly elected to any municipal office may be contested by any qualified elector of such municipality: "(a) When the contestee is not eligible for the office to which he has been declared elected; "(b) When illegal votes have been received or legal votes rejected at the polls in sufficient numbers to change the results; "(c) For any error or mistake on the part of any of the judges of election or the clerk and his assistant in counting or declaring the result of the election if the error or mistake would be sufficient to chinqe tne result; _____ -- "(d) For malconduct, fraud, or corruption on the part of the judges of election in any precinct or any clerk or his assistant, if the malconduct, fraud, or corruption would be sufficient to change the result; 1. Article VII, Section 12, Colorado Constitution. 2. County Court v. Schwartz, 13 Colo. 291. 3. C.R.S. 1973 (T77 R.V.), 31-10-1301 et seq. 4. Article II, Elections, Sections 10 and 11, Election Commission, Home Rule Charter. • I • • - ( ( • • • • • • Honorable Mayor and Members of City Council Page 4 January 18, 1980 "(e) For any other cause which shows that another was illegally elected person." (Emphasis added) Section 1302 of the Election Code directs that all contested election cases of municipal officers shall be tried and determined in the District Court and directs that before the District Court may take jurisdiction of the contest, the contestor must file with the Clerk of the Court a bond to be approved by the District Judge running to the contestee and conditioned to pay all costs in case of failure to maintain this contest. Section 1302 provides that the contestor shall file in the office of the Clerk of the District Court, within ten days after the date when the votes are canvassed, a written statement of his 1ntent1on-ro-contesr-£ne-efect1on. The remainder of the section sets out the requirements to be contained in the affidavit service of process on the party whose office is being challenged that if the reception of illegal votes or the rejection of legal votes is alleged as the cause of the contest, a list of the number of persons who so voted or offered to vote shall be set forth and also providing for the answer by the contestee to the statement of challenge. Section 31-10-1306 deals exclusively with recount and pro- vides as follows: "31-10-1306. Recount. "If, upon the trial of any contested election under this article, the statement or counter statements sets forth an error in the canvass sufficient to change the result, the trial judge has the thwer to conduct a recount of the ballots cast or t e votes tabulated £!! the vot1n9 mach1nes in the precinct where the alleged error was made. Tlle"""'COurt may also reqUire the product1oil'Defore it documents, records and other evidence as may have or may contain information regarding the legality of any vote cast or counted for either of the contesting candidates or the correct number of votes cast for either candidate and may correct the canvass in accordance with the evidence pre- sented and its findings thereon."5 (Emphasis added) 5. CRS '73 ('77 R.V.), See note 3. 6. Vailes v. ~' 16 Colo. 462, 27 P. 945 (1891) • • I • - ( • • • • Honorable Mayor and Members of City Council Page 5 January 18, 1980 As noted above, the proceedings upon an election contest are special and summary in their nature, and it is the general rule that a strict observance of the statutes insofar as respects the steps necessary to give jurisdiction must be required in such cases. So where the statute provides that a statement of contest must be filed within ten days, as above noted, after the votes are canvassed and that period of time expired without the filing of such statement, the District Court loses all jurisdiction to act.6 In Vailes v. Brown, one of the earliest Colorado cases on jurisdiction, the-court stated: ftA statutory provision requiring notice of contest to be given within a given time from the date of the official count, or from the declaration of the result, or the issuing of a certificate of election or the like, is preemptory and the time cannot be enlarged ••• Ana it may be adoea that """"Eliere 1. s the strongest reason for enforcing this rule most rigidly in cases of contested elections, because promptness in commencing and prosecuting the pro- ceedings is of the utmost importance to the end that a decision may be reached before the term is wholly or in great part expired." (Emphasis added) The ruling in the early Colorado case seems to be supported generally. In 26 Am. Jur. 2d., the following text is found relating to that subject matter: "A statutory provision requiring commencement of an election contest within a designated time is usually regarded as mandatory and must be complied with in or~er to confer jurisdiction of the pro- ceedings." Therefore, only a District Judge may order a recount of the ballot cast under the provision of Part 13 of the Election Code, and no such power exists in any other department of government to do so. 7. 26 Am. Jur. 2d., Elections, Sec. 326 State ex rel Stanley ~· Wayne County Court, 137 W.Va. 431, 73 S.E. 2d. 827: Payni v. Blanton, 312 Ky. 636, 229 S.W. 2d. 438: Pinson v. Robertson, 97 Ok. 419, 172 P.2d. 625: Duncan v. Willis, 157 Tex~ 316, 302 s.w. 2d. 627: Zimmerman~· Cowan, 107 Ill. 631 • • I • - • • • • • • Honorable Mayor and Members of City Council Page 6 January 18, 1980 It is clear from the complaints of the poll watchers that they do not consider that any of the members elected at the November 6 election not eligible for the office to which they were elected nor do they maintain that the election was tainted with malconduct, fraud, or corruption on the part of the judges of election in any precinct or of any clerk or his assistant. They simply maintain that the irregularities may "possibly" have existed in other precincts and the votes should be recounted. Had an election contest been filed in District Court in apt time1 petitioning the Court for a recount of the 16 precincts on the basis of the possibility of error, then the principle of law in Colorado makes clear that mere irregularities in the conduct of an election will not invalidate the election.8 In the case of ~oger v. Smith, 77 Colo. 475, 238 P. 57, the matter was brought to t e attentron<of the court contesting the office of county judge. Smith, the contestee in the action, de- feated Boger, the contester for county judge, at the last general election by a majority of 57 votes and was awarded a certificate of election. Boger filed a contest in the District Court~ the court sustained a demurrer (response indicating that it doesn't make any difference what the allegations are) to the statement of contest; the court dismissed the case. The complaint in Boger las in the fact situation here) contained general allegations of mistakes and errors by judges and clerks of election in 18 election precincts, repeating the same general allegations as to each precinct. No mistakes or errors were charged on the part of the canvassing board in canvassing the returns. The court held that the allegations were too general and not sufficient to apprise the contestee of any of the alleged errors of which the contester complained. The statement of contest, not being tied to any specific, the trial court did not err in sustaining the special demurrer (dismissal). The Supreme Court has required that there be reasonable definiteness in state- ments of election contests. (Emphasis added). 8. In the Boger case, the court stated the following: Baldauf y. Gunson, 90 Colo. 243; Clough v. Colorado Strings, 76 Colo. 87; Lehman y. Pettingill, 39 Coio. 258; Peop e y. Keeling, 4 Colo. 128 • I • - ( ( • • ( • • • •' • Honorable Mayor and Members of City Council Page 7 January 18, 1980 "The briefs and arguments in this case are substantially the same as in Gray ~· Huntley. The pleadings and briefs indicate the primary objectives of the respective objectors in each case to be the same; that is, by general, vague, and indefinite allegations of mistakes and errors, to procure a complete recount of the ballots in 18 election precincts, just as a 'matter of right,• and to thereby ascertain whether or not the statements of contest state facts, about which the contester was merely suspicious, and was unwilling to accept the final returns of the sworn election officials as conclusive. "No such absolute and unqualified right to open the ballot boxes exists, for the reasons stated indGr~~-~untle~. The rights of the public an the contestee, as well as those of contester, must be considered, and the con- tester should be able to show some good reason for a contest before he starts it, and, in the absence of some definite and specific asser- tion, we must assume that there are none to be made." In Gray ~· Huntle~ , 77 Colo. 478, 238 P.53, involving an election contest to the office of county commissioner in Kit Carson County, the court stated, and the statement appears to be supported in a number of cases cited in this footnote and settled law in Colorado. The statement by Judge Adams for the court is as follows : "To order the opening of ballot boxes in every election contest, and to order a recount of the ballots in every case merely because it is asked, without a proper basis therefor, would invite a contest after every election, no matter how honestly and efficiently conducted. It would discredit, without cause, the certi- ficates of sworn election officials and make a farce of their labors. There must be a ground- work or basis for the contest in its incipiency. 0 I • ( (_ • c • • • • Honorable Mayor and Members of City Council Page 8 January 18, 1980 bb "The election contest statutes are not to be regarded as mere fishing licenses for contesters to ascertain the correctness or incorrectness of their statements of contest, nor only as a rod and tackle for venturesome sportsmen to hold in their hands and whip an unpromisina stream of adverse ballots, in the hope of land- ing a mess of frauds and errors in their waiting skillets. " 9 Attachments 9. The Huntley decision is cited with approval in People ex rel Harper et al v. Cit~ of Pueblo, 109 Colo. 411, 126 P.2d 339; Cruse v. R1chards, 5 Colo. 485, 37 P.2d. 382; Boger y. Smith, T11C0lo. 47s, 238 P. s1 (1925). I • - - ( ( ( .. December 18, 1979 Beverlee H. Howe 3255 s. Delaware Englewood, CO 80110 Dear Mrs. Howe: • • • Thank you for expressing your concern about the City's election procedures. As I understand from our ·conversation .. you were a ·poll watcher in precinct #1. We all recognize the value of the poll watcher in an ·election as witnessed by your bringing to our 4ttention an election irregularity in precinct 11. As has been re- lated to me by John Lowry, Eric .Johannisson, and you, error fn vote counting was investigated immediately. When the error was discovered, the vote count was corrected and the cor~~ted results ·reported to·the Election Commission. I agree with your ·stai.ent that .. cur el~~tion ~yst~·is ·i~~tant 'to · our fonn of government. That is -elections are run by the citizens and · not by the bovemncnt . It is the judges and poll watchers Who conduct the election and insure that the in- tegrity of the election procedure is upheld. · For this past election there were a large nCJIC)e; ·of Poll ·watchers, somethin!l we have not had 1n the past. Consequently, there was ample opportunity to insure that estab11shed .election p~edures were followed. As of thfs date, I have · not received ~~ reports frcim oth8r poll watchers tl•at \'IOuld indicate that errors occurred in vote counting other tha• that reported by ~·ou in precinct Ul. ' . . . '·· .. : i .. .... . In vie~t of the fnfonnation presented ·to 'me~ there is not ·cause ' to open the voting machines and recount the votes cast. : . ~ . . .. ·; . : · ...... The Election Comnfssfon will be meeting in .the near future to discuss elect·;on Pa:'O- cedures. If you have a~ suggestions, we would welcome your .input. Cordially, Gary R. Higbee Director of Finance GRH/mi • ~ . .. "; ' ·.· ,. I I' ••' 'I·' . . • ~·' • ,'I "•, . : ". ; : .. · .. ·. ··.; · .. . · ... •, ···: ., · ..... , • I • - • • .... ( • '•1',:· ::- ' ,, . ~. ··, 1 I i' ··,• : l ,· .::··.· .. · .. :.· :: . . . · ... ·· .. , '·.;··:· . •' ·. . . : .... '· . ~ .. November ll,' 1979 . · ,·.,f. . ... . j'~ • • • ...... ' ··, .. '',· . ·" . -~· .; . :· i .. ~ .. /. ,·' .... .. , ··:. . ''.' '• • • o._ : ~ • , ... ... ... • 0 .. ' ..• : ·r:-·, •• 0 . ·•" :· . . .' •' I . Hrs. Beverlee · Howe · .. '.jzss s.··oelaware . .. ·"'•' .•r o ' • f • 't • ''. ~ : I ' . ,. ~;L-.. •:'.. \, •.,·,· ··.· ..... ~_. ' ·: . ~ • .• r' : ': :t:nylewood, .co 80110 • . I o : O • I 0 ~ • • ~-·~ ''I •o ·, • ..... ' .... ·. ·' .. Dea~··Hrs. Howe > ·:;-,.·,···:·~. ··.' ··~:. ·: .. o .. ,· • ·:::.· 0 1 ' , : o , •' ""1 ' 0 • ";"~·: ::,•• ~ o • .': I~-, 0 00 0 , 0 0 ,""' I have di~cussed with Eri.c Joha•~~i~·~on ··ih~··~cmc~rris .. you .have about the conduct .of,·the election on ·.November,:·tl···1979 •. )·share your feel- ings because an elec:tion .:is :such an important aspect .of our . system of government · 0 • • '· • • • • • • • • •• • ' .· . . :· . ' ~:-.: . . . . \;:•·' .•·: :·) : ' ' .. ;.·:· ~·-· ; .• .. ·· ... ·.:···. :: . Mr. Johannisson has indicated that ·he has· provided you · with a copy uf tne Colorado Municipal. Election Law. This outlfnes the proce- dures available to you to contest the results of the election. As Mr. Johannisson pointed out. the inittation ·of .this ·procedure is the responsibfli.t.Y of .aJU~ citizen who meets ;,the··requirements of the State Law.· _'·· .. · ·.· ·::: · ·:·,. .. :·:·'.·:·> -~·.· -~ .... , : I ''::;:·"'; ... , :.i , • Alttouyh the County Clerk's office has :ind1cated the ·vot1ny macllint!s LJay be opened and ,rec:ounted without a :court .;order, I would not per- tUit this. The ·results of ·the election''have -been certified. If an.t • changes 1n the results are · to be made, a .recount of the .votes uaust be directed and supervised by .-the District ·Court;·· .As -' stated earli<!r, :this procedure must IJe in1tiilted by . a qualified citizen·:· . · .. ·If~ ~ffi .ce · ~; p~~1 -~e furthe~.~-~~'~1~ta~~:~~ ~~;'~ ;{~s. :ball 111e • . .•. ~~~;4:;;~~~ .. ··· ·::}:'C":,;:r!:· :.~;~~\~r·~)::~;::· ·ex off1c1o City Clerk-Trea.surer ·.,.:.: .. ,::·:.,:·· .. :. ·:.:..~: ... : .. · :·~·.:·. ~·, .. , : . . ·, j 1~ .•••. · ... :. . .: : ;:':';i ·:. ·: ' ,. : :;·.::;:,. \ ' ·:~:::;ff,:)~j;}:t;~,};/;t~:·~·--. ·· ... ~·' \ ... 0 •• . ·. . . . . ' •• •. 0 ·, '· . ·, ... ~ .. · .. ·· \ .· ··' .... •• 0 ... • ·1 •• I • . ; .. - - • • • TO: City Clerk Gary H~e/ /~~( I was a pole w~h~r the November 6 , 1979 elect i on. I was a Prachinct ~3. There was mista 1 kes made on the tall e yh . 1 .J_ J sheets. T e v and names was a 1 switched around on t e talley sheets. These talley sheets should still be somewhere if you would want to see them. When I seen the .mis~ake-~ at the City Hall I reported it to the Acting Ci!Q~rk John Lowry. The next step we went back to precinct 3 John Lowry, Eric Johannisson and myself. They had called ee of the judges back to read the machine again. When this was don e there was definite mistakes on the talley sheets. When the mistakes was pointed out one of the judges said what dif- ference does it make how you put the names down. As everyone should know it makes all the difference of the election. I would also like to say that I feel very strongly that i f~·s .~ big a mistake could be made with four judges in precinc (Q3 ';{I= I feel that it is possible there could be other mistak e s with the other 60 judges. Our election system is the most important thing in this country. And we have to try to keep tl ; it this way. • • Thank you Beverlee H. Howe December 6, 1979 Mr. Higbee I would like to sec the machines read again so there would no que stions in anyone mind since there wer e mistakes. Bcverlec H. Howe. I • • - • .. \ . • - • DEPT. OF FINANCE , nl-'-· f~ ~ ~ A&. J6. ---· ~ __ ,,,k:,._ . /'.....e.d '~"--' ,...a..e,. .......~ ~ ~ -1-.C•l-4--F:..'--l._./ _..._,,.,_, . . . 1': ,-.. ~~ A'!~ .':1 .<_,. A •• , • ././.,,, ••• A .I u>., ~ , . ~k~ ,/, f?r:-.v d .... {1 •• I . • - - • • • • • • J I . ! ' ; ! ., . ' , i)./)-t!:~~ ~-_..;..--· I.JL'-' • • • '/'! 1 t1 .... _,.,\~.-/ ...... __ ( r ·.., '~ ']., {J 5" " a~.~-·l; _k.::tt-Lj t,; ~ 11 ~ ;s.:t~ 7~ 19 'J _.Jv,, .;_ __ S1:P7:7 ·rrfl · .2t·~ :~..A-~cX 1 c;t9-CUcJ~-.-.. ~ I .;l, .3 ~-; s 1(-':> 'I{~ c_, ~~ Sf., _'?g Jo I \ -?o '7 j's--"f.:>-1 I 11 .... -------~':.~·····-f!t,~ ·---;6:. 1-<''/. (, '-"' 1/. fh,_,._._ .. , ~ '/J~?-:J t. .s-cY '5 ") -:;-::; __ju ~ ,Jl.,..._. -r:' '-' (1 " iJ ,. • r:'. '...-..t.J!.•.<·-r-..' L,'--<-<'...,_,_,: ··- ./' I J', • .' / (1 ....... ··-------D --·---... ... I • - • December 18, 1979 Isabella Knight 3021 S. Lincoln Englewood, CO 80110 Dear ~Is. Knight: • • • Thank you for ~xpressing your concern about the City's election procedures. In response · to statement about precinct 12: 1. The wrong sample ballots were distribute<: to the precinct. This erl'"Or on our part was corrected as soon as we were notified which was beb1een 8:00 and 9:00 A.M. . . Z. If the judges did ' not swear you in,.they sballd have. Even if a poll watcher is not sworn in, he or she is expected to uphold the integr'ity of the election process. 3. If the judges did 'not pennit you to view the tabulation o.f the results from ·the machine, here again, they should have. Our instructions at the judges meeting were very explicit in this respect. In addition, each poll rece~ved a copy of the letter to the poll watchers outlining · their per- mitted activities. Watching · the vote .take off was one of-these act'ivftfes. In futute elections the judges meeting before the election ·wfll continue to emphasize the role of the poll watcher. In addition, the poll watchers will be invitl!d to this meeting so that they have the same infonnation that the judges have. · In view of the infonnation which has· been presented to' me,· there '.is ·not· cau:;e to open the voting machines and recount the ,votes cast. The Election Commission will be meeting in the ·~ear .·future to .discuss election pro- cedures .. If you have any ~uggestions, we would welcome your . input.· Cordially, Gary R. Higbee , · .~ : Director of Finance · .. ·-; :. ··· . • GRH/mi 'j:· ••• :, ... < • ·; ·: • .• : • • .. ... .. •,: • . . . . . · .. : _: : ··.~·.:.: ' I i ; • ' '~ .... : . . . : .'· :;, } :·;:':··. ·.: ; .. -:':: .~·~;> _ .. ;_ ~ '.;; . . .. ~. ~ . ... . .. . .. .. ·!' .. ·-, '• ·.'.· . ' . . .. ... · .• .. '. ·, :· '•. I • • - • • ·.A .. ~~ l ·:. I· j . ..., .... .• I ,•Lt .·!, r '/ : . L.· .... f....... ~ • • RECtJ\/ED ~:ov so 1979 DE.PT. OF fit~ MICE ENGLEWOOD '- • • • '· ,' j .. ,_ .. ,'1.1 ' !. : ' ·i ' ' : I ' :I ' I ; f ,•. : I I .. ;: / . '/ ·'/ '; ,, '.I . ' .... 1/ ;· ..,. ... ., J"(.,(,_ l "'"""'"'"-.. ( vv .,_. ( .. ". I . _:) /l ')I . \ ., I' '.;-· ,..--..1 ~ ,.-' v.... - /. ;··,.I •J C: --·'· ~ 3 (J I C/ / I ' . ? /1~'"--. / / I • • - • • • • • District I Precinct 2 • • • Poll Watcher Englewood City El ecti.o n November 6, 1979 Wrong sample ballots and right ones not there til 9 o'clock. • :f/.1· b . ~' J,A.U-;_-' 1.t.· • · a out •.tfr,.tl- Judges {/vVI·· . 1,:• h ¥:u:J ' Didn't swear me in. 2 Judges Were adamant abo~t my leaving when they opened machines to take off totals. Went out in entry way. I took total s off posted tally sheet on outside door. Isabella c. Knight 3021 So. Lincoln November 30, 1979 2 I . - • • • • • • City of EnglewOOd TO: Honorable Mayor and Members of City Council FROM: Bernard V. Berardini, City Attorney 3400 S. Elati Street EnglewOOd, Colorado 80110 Phone (303) 761-1140 SUBJECT: Authority of City Council to Order or Direct Recount of Ballots Cast at November 6, 1979 General Municipal Election. DATE: January 18, 1980 QUESTION Does the City Council have the lawful authority to order or direct a recount of the votes cast for the candidates for City Council at the November 6, 1979 general municipal election? OPINION It is the op~n~on of this office that the City Council does not have the lawful authority to order or direct a recount of votes cast at the November 6, 1979 general municipal election. DISCUSSION On November 30, 1979, Mrs. Isabella C. Knight, a poll watcher at Precinct No. 2 at the general municipal election of November 6, 1979, submitted a written statement to the City Clerk alleging that certain irregularities occurred at Precinct 2, as follows: (1) Wrong sample ballots were distributed • (2) She, as a poll watcher, was not sworn in by the election judges. (3) The several judges at Precinct 2 did not permit her to view the tabulations of the results from the election machines • I • - • • • • • • Honorable Mayor and Members of City Council Page 2 January 18, 1980 On December 8, 1979, Mr. Gary Higbee, Director of Finance, ex officio City Clerk, responded to Mrs. Knight's complaint. Mr. Higbee answered Mrs. Knight stating essentially that she should have been sworn and she should also have been permitted to see the tabula- tion of votes. Mr. Higbee further stated that she would have been allowed to see the tabluation had she brought the matter to the attention of the City Clerk's office at the time. The correct sample ballots were delivered to Precinct 2 prior to 9:00 A.M. on the morning of the election. (See complaint and letters attached). On December 7, 1979, Mrs. Beverlee H. Howe, a poll watcher in Precinct 1 in the November 6, 1979 general municipal election, reported that she had observed errors in the tabulation of the votes and reported that information to Mr. John Lowry, the acting City Clerk. The written response to Mrs. Howe was forwarded to her by Mr. Gary Higbee on November 21 and December 18, 1979 advising Mrs. Howe that when the error was discovered, the vote count was corrected, and the correct results certified by the election judges to the Election Commission. (Correspondence from Mrs. Howe and Mr. Higbee attached) This office is advised that both Mrs. Knight and Mrs. Howe received copies of the Colorado Municipal Election Code on some date 4t prior to the November 6, 1979 general municipal election. • • On various dates and times since November 6, 1979, the complainants, in addition to the written complaints filed with Mr. Higbee, presented the same or similar complaints to a number of other public offices, including the office of the Secretary of State, the Arapahoe County Clerk and Recorder, the Arapahoe County Judicial Administrator, and to the District Attorney for the Eighteenth Judicial District. On January 7, 1980, Mrs. Isabella Knight appeared before the first regular meeting of the Englewood City Council, and, on the basis of the irregularities described in the previous paragraphs, requested that the City Council direct a recount of the votes cast in each of the 16 precincts in order that no question should remain in anyone's mind as to the accuracy of the canvass returns of the election judges . Whereupon, City Council directed this office to submit its written opinion on the question raised by complainants. The Constitution of the State of Colorado directs that the General Assembly must, by general law, designate the courts and judges by whom the several classes of election contest shall be tried and regulate the manner of trial and all other matters incident I • - • • • • • • • • • Honorable Mayor and Members of City Council Page 3 January 18, 1980 thereto. 1 This mandate covers proceedings for the contesting of elections of municipal of2icers as well as that for the various state and county offices. The "Colorado Municipal Election Code of 1965" contains a complete p3ocedure for the contest of elections in statutory cities and towns. All of Englewood's municipal elections are governed by the provisions of the Colorado Municipal Election Law~, as amended or as modified by other provisions of the City Charter. Section 31-10-1301, CRS '73, as amended, provides as follows: "31-10-1301. Who may contest --causes. "(1) The election of any person declared duly elected to any municipal office may be contested by any qualified elector of such municipality: "(a) When the contestee is not eligible for the office to which he has been declared elected; "(b) When illegal votes have been received or legal votes rejected at the polls in sufficient numbers to change the results; "(c) For any error or mistake on the part of any of the judges of election or the clerk and his assistant in counting or declaring the result of the election if the error or mistake would be sufficient to ciiaiige the result;-- "(d) For malconduct, fraud, or corruption on the part of the judges of election in any precinct or any clerk or his assistant, if the malconduct, fraud, or corruption would be sufficient to change the result; 1. Article VII, Section 12, Colorado Constitution. 2. County Court v. Schwartz, 13 Colo. 291 . 3. C.R.S. 1973 (T77 R.V.), 31-10-1301 et seq. 4. Article II, Elections, Sections 10 and 11, Election Commission, Home Rule Charter • I • - • • • • • • • • Honorable Mayor and Members of City Council Page 4 January 18, 1980 "(e) For any other cause which shows that another was illegally elected person." (Emphasis added) Section 1302 of the Election Code directs that all contested election cases of municipal officers shall be tried and determined in the District Court and directs that before the District Court may take jurisdiction of the contest, the contester must file with the Clerk of the Court a bond to be approved by the District Judge running to the contestee and conditioned to pay all costs in case of failure to maintain this contest. Section 1302 provides that the contester shall file in the office of the Clerk of the District Court, within ten days after the date when the votes are canvassed, a wrLtten statement of his LntentLon~contesr-the-eiectLon. The remainder of the section sets out the requirements to be contained in the affidavit service of process on the party whose office is being challenged that if the reception of illegal votes or the rejection of legal votes is alleged as the cause of the contest, a list of the number of persons who so voted or offered to vote shall be set forth and also providing for the answer by the contestee to the statement of challenge. Section 31-10-1306 deals exclusively with recount and pro- vides as follows: "31-10-1306. Recount. "If, upon the trial of any contested election under this article, the statement or counter statements sets forth an error in the canvass sufficient to change the result, the trial judge has the thwer to conduct a recount of the ballots cast or t e votes tabulated on the voting machines in the precinct where the alleged error was made. Tlie--court may also reqUire the productLonoefore it documents, records and other evidence as may have or may contain information regarding the legality of any vote cast or counted for either of the contesting candidates or the correct number of votes cast for either candidate and may correct the canvass in accordance with the evidence pre- sented and its findings thereon."S (Emphasis added) 5. CRS '73 ('77 R.V.), See note 3. 6. Vailes v. Brown, 16 Colo. 462, 27 P. 945 (1891) • • I • • ...... • • • • • • • • • Honorable Mayor and Members of City Council Page 5 January 18, 1980 As noted above, the proceedings upon an election contest are special and summary in their nature, and it is the general rule that a strict observance of the statutes insofar as respects the steps necessary to give jurisdiction must be required in such cases. So where the statute provides that a statement of contest must be filed within ten days, as above noted, after the votes are canvassed and that period of time expired without the filing of such statement, the District Court loses all jurisdiction to act.6 In Vailes v. Brown, one of the earliest Colorado cases on jurisdiction, the-court stated: "A statutory provision requ1r1ng notice of contest to be given within a given time from the date of the official count, or from the declaration of the result, or the issuing of a certificate of election or the like, is preemptory and the time cannot be enlarged ••• Ana-it may be adaea that-r5ere 1s the- strongest reason for enforcing this rule most rigidly in cases of contested elections, because promptness in commencing and prosecuting the pro- ceedings is of the utmost importance to the end that a decision may be reached before the term is wholly or in great part expired." (Emphasis added) The ruling in the early Colorado case seems to be supported generally. In 26 Am. Jur. 2d., the following text is found relating to that subject matter: "A statutory provision requiring commencement of an election contest within a designated time is usually regarded as mandatory and must be complied with in or9er to confer jurisdiction of the pro- ceedings.• Therefore, only a District Judge may order a recount of the ballot cast under the provision of Part 13 of the Election Code, and no such power exists in any other department of government to do so . 7. 26 Am. Jur. 2d., Elections, Sec. 326 State ex rel Stanley y. Wayne Countl Court, 137 W.Va. 431, 73 S.E. 2d. 827: Payni v. Blanton,l2 Ky. 636, 229 s.w. 2d. 438: Pinson v. Robertson, 97 Ok. 419, 172 P.2d. 625: Duncan v. Willis, 1S7 Tex7 3l6, 302 s.w. 2d. 627: Zimmerman y. Cowan, 107 Ill. 631 . I • ...... • • • • • • • Honorable Mayor and Members of City Council Page 6 January 18, 1980 It is clear from the complaints of the poll watchers that they do not consider that any of the members elected at the November 6 election not eligible for the office to which they were elected nor do they maintain that the election was tainted with malconduct, fraud, or corruption on the part of the judges of election in any precinct or of any clerk or his assistant. They simply maintain that the irregularities may ·~ssibly• have existed in other precincts and the votes should be recoun ed. Had an election contest been filed in District Court in apt time1 petitioning the Court for a recount of the 16 precincts on the basis of the possibility of error, then the principle of law in Colorado makes clear that mere irregularities in the conduct of an election will not invalidate the election.8 In the case of :oget v. Smith, 77 Colo. 475, 238 P. 57, the matter was brought to t e a tentlon of the court contesting the office of county judge. Smith, the contestee in the action, de- feated Boger, the contester for county judge, at the last general election by a majority of 57 votes and was awarded a certificate of election. Boger filed a contest in the District Court: the court sustained a demurrer (response indicating that it doesn't make any difference what the allegations are) to the statement of contest: the court dismissed the case. The complaint in Boger (as in the fact situation here) contained general allegations of mistakes and errors by judges and clerks of election in 18 election precincts, repeating the same general allegations as to each precinct. No mistakes or errors were charged on the part of the canvassing board in canvassing the returns. The court held that the allegations were too general and not sufficient to apprise the contestee of any of the alleged errors of which the contester complained. The statement of contest, not being tied to any specific, the trial court did not err in sustaining the special demurrer (dismissal). The Supreme Court has required that there be reasonable definiteness in state- ments of election contests. (Emphasis added). 8 • In the Boger case, the court stated the following: Baldauf v. Gunson, 90 Colo. 243: Clough v. Colorado srrings, 70 Colo.-87: Lehman v. Pettingill, 39 Coio. 258: Peop e v. Keeling, 4 Colo. 128~ - I • - • • • • • • Honorable Mayor and Members of City Council Page 7 January 18, 1980 "The briefs and arguments in this case are substantially the same as in Gray y_. Huntley. The pleadings and briefs indicate the primary objectives of the respective objectors in each case to be the same; that is, by general, vague, and indefinite allegations of mistakes and errors, to procure a complete recount of the ballots in 18 election precincts, just as a 'matter of right,' and to thereby ascertain whether or not the statements of contest state facts, about which the contester was merely suspicious, and was unwilling to accept the final returns of the sworn election officials as conclusive. "No such absolute and unqualified right to open the ballot boxes exists, for the reasons stat~d indGrh~~· ~untley. The rights of the publ~c an t e contestee, as well as those of contester, must be considered, and the con- tester should be able to show some good reason for a contest before he starts it, and, in the absence of some definite and specific asser- tion, we must assume that there are none to be made." In Gra~ ~· Huntlet , 77 Colo. 478, 238 P.S3, involving an election contest to the o fice of county commissioner in Kit Carson County, the court stated, and the statement appears to be supported in a number of cases cited in this footnote and settled law in Colorado. The statement by Judge Adams for the court is as follows: "To order the opening of ballot boxes in every election contest, and to order a recount of the ballots in every case merely because it is asked, without a proper basis therefor, would invite a contest after every election, no matter how honestly and efficiently conducted. It would discredit, without cause, the certi- ficates of sworn election officials and make a farce of their labors. There must be a ground- work or basis for the contest in its incipiency. I • • - - • • • • bb • • • Honorable Mayor and Members of City Council Page 8 January 18, 1980 "The election contest statutes are not to be regarded as mere fishing licenses for contesters to ascertain the correctness or incorrectness of their statements of contest, nor only as a rod and tackle for venturesome sportsmen to hold in their hands and whip an unpromisina stream of adverse ballots, in the hope of land- ing a mess of frauds and errors in their waiting skillets." 9 Respectfully submit -_x..._._<---,(,. L--.,--.--.. ...... __... ___ --:._ Bernard v. B Attachments 9. The Huntley decision is cited with approval in Harper et al v. Cit~ of Pueblo, 109 Colo. 411, cruse v. Richards,s Colo. 485, 37 P.2d. 382; 77 colo. 475, 238 P. 57 (1925) • People ex rel 126 P. 2d 339; Boger~·~, I • - • .. December 18, 1979 Beverlee H. Howe 3255 S. Delaware Englewood, CO 80110 Dear Mrs. Howe: • • • Thank you for expressing your concern about the Ci~'s election procedures. As I understand from our 'conversation,.you were ·a ·JJOll watcher in precinct #1. We all recognize the value of the poll watcher in an election as witnessed by your bringing to our Attention an election irregularity fn precinct #1. As has been re- lated to me by John .Lowry, Eric .Johannfsson, and you, error fn vote counting was investigated fmmedfately. When the error was discovered, the vote count was corrected and the corn:-cted results reported to ·the Election Conlnission. I agree with your ·sbt..nt that .our el~tion ~ystS .is .'i~~tant 'to · our fonn of goverl'lllent. That is ~ elections are nJn by the citizens and · not by the bovernment . It is the judges and poll watchers who conduct the election and insure that the in- tegrity of the election procedure is upheld. , . . . -... · .. ·.· .·.· For this past election there were a large n.-r ·of Poll 'watchers, something we have not had in the past •. Consequently,. there was ample opportuni~ to insure that established ,election procedures were followed. As of this date, I have' not received any 'reports frcim ottMtr poll watchers tl•at ~IOUld indicate that errors occurred in vote counting other that that reported by you in precinct #1. <, , . . . · : . •'. ' 'I ,'I . .., , ':•• In view of the fnfonnatfon presented 'to 'me~ there fs not ·cause = to open the voting machines and recount the votes cast. ~ · e The Election .COillllissfon will be meetf,ng . ~n .the nea~·· f~ture ~· ·~i~cuss elect·; on PJ:'O- cedures. If you have any suggestions, we would welcome your .input . ·~ • • Cordially, Gary R. Higbee . Director of Finance GRH/m1 . .. . ' . . . ',. ~ . · . ··~ · .. . ,• .. I • - • • • .... I • I • ,, .. .. , \ I I • : .... · .. .f ... ' ·•.:. •o o ~I ... .. ·. . · .... ... ;-. : ··, .. • • ' • l ... . . . -~-. NoveQ)er ll.· 1979 . ·._,. . . . ... • • • ·. ;··i . : ... '· . o •I, < -~ . : ;. ! • •• 7 •... • i • '·· •. , ·I• • '•: '• . . . . . . . . . . ~ . ~-. .· i~. -~ ::·; .. \ ,· ... ·~ . · ... -~ : · .. .. ·: : :.• .. , .. . .· ... . .. .··· . . . "!rs; Beverlee · Howe · , . . ·'3255 s.:·~Oelaware . . .• . ·. ·• . :. ·i···:: ·.. .. ... . . '· ':, ~nglewood •. CO 80110 • . ' ' . • • ' • I .. , ...... ; • •.'••,Jo ••• •• • • ~·•' ' I • ' ' j o ' ' ...... ··· .. , .. · .. ,:·· :' ·:.:.·r·: . .... ' '•· . . '• : • • .. I o I ·~,: • : ' • . ' . . . ,. , . ..;-: ... : '.": ·, ... ~. .' ::.'~'.:.-..... :: . ··'·.Dear ·!"rs. HoW&:/ ..... , ... ,.,~ ..... ··<: ·. ·• ' : '; .. · ... · -' _.;',! :~ ~ ••... ::· ........ ~,':_· .... ··::.·:· I have discussed wtth Ert.c ·Johanntsson ·'~e 'concerns ,.you .helve about the c:onduc:t .of,·the election on ·November,:·tl···t979 ., .~·share your feel- ings because an .elec:tion :ts :such an important aspect .of' our . system of gover~~~~~ent ~ ·,. · ·. · :. ~:-, •. . ... ·· . Mr. ·Johann1s~~~-ha~·, 1ndi.ca~i1 ·· ttaa~ ·he' ha(p~vtd~··.Yo~ ~1th a copy of tne Colorado Munfctpal . Elec:tfon Law. Jhfs outl tnes the proce- dures available to you .to. contest the results of .U1e election. As Mr. Johanntsson pointed out. the 1nttfatton·of .thts ·procedure is the responstbilt.ty of .an,y citizen .who n~e~ts :<the ·:requfrements of the State . Law. · , .. ·<:·~:· ... ·.: ·.:= ·/ ; · .. · .::·:.·.<.<.':.·<,: ·~· ... ~ .. ~ .. , Alt.'louyh the County Clerk's office has ind1cated ·the·votiny macliinlls may be opened and , recounted w1 thout a ·· court .;order. I Would not per- auit thts. · The ·results of :the electtorf ·have ·been certtfted. If any · • changes 1n the results are · to be . made. a recount .of ·the .. votes must · be directed and · ·supervised by .\the 'D1str1ct ·Court;. · .. As .=stated··earl i <!r • . tilts procedure u1ust be 1n1tie&ted by . a .qualified c1t1Z&n~.·:· . . . . . _·-·' : ·... . . .· :· ·: . ,".: ·' ·.~ ·'".:·.':-:•·: .. ·: .. :; ·.If 11\Y ·offfce· may. provt..le furthe~.:ass1stanc:e ::to you,· please ·.ca11 me . .. ~;:;;~~:~~ ··· ·:::_-:r\·! .. :.·:: ··;1;;.1~;:,; ~,1t;r •-•· .·ex o~ftcto City Clerk-Treasurer .•.,:: ~·~·<·i ,:._ ·.-~~~:<.:. : .":· ·.,·~: ... ,~·.:: !::: : ... '. I j;~ ... ·' ... ;: ';ji;:~• .. '1. :; .. :{St.;:,.::. .>:,;~:)fj~~f}l';'?E;·~:~. ':·".:. ; .. , . . ·•· .. ·.·· ·' ... ···. ·, (, .. . .... . ............ \· .. ... . .... -. . . . I • - - • • • • • /~;p... ( TO: City Clerk Gary H~e I was a pole w!m~r the November 6, 1979 election. l was a Precinct ~3. There was mistakes made on the tall ey . lf J sheets. The v and names was all switched around on the talley sheets. These talley sheets should still be somewhere if you would want to see them. When I seen the .misS~ke~ at the City Hall I reported it to the Acting Ctm~rk John Lowry. The next step we went back to precinct 3 John Lowry, Eric Johannisson and myself. They had called ee of the judges back to read the machine again. When this was done there was definite mistakes on the talley sheets. When the mistakes was pointed out one of the judges said what dif- ference does it make how you put the names down. As everyone should know it makes all the differettce of the election. I would also like to say that I feel very strongly that if~--~· •I-~- big a mistake could be made with four judges in precinc ~3 ~f I feel that it is possible there could be other mistakes with the other 60 judges. Our election system is the most important thing in this country. And we have to try to keep ~ it this way. • Thank you Beverlee H. Howe December 6, 1979 Mr. Higbee I would like to see the machines read again so there would no questions in anyone mind since there were mistakes. Bevcrlec H. Howe. I • • - • • • I . - - • • • • • • .. \ • l).[j~~ l.JV-' ,_.- /fl h~-.~...1;;-. );' . ' ,,..1 ... ,l<.·/,",. ....... T! ~fl . /h--<-'" .__,r 711 r;-!.<i. l.. ~-<--tf<l :J II ('A-?-'-er-r...:__ L~ ~ 1-fl ~ ~.-11.4<~· t P-·· "J 'J, {l ~" -~ a~ .. :';} __L_.~t:r t-f[,; ~ II ~ ;Le~ 7tp 711 u :C-G"w x--:..tvrV /9 J I -'.! . ; I . r ! ''til ' .:t.·~ -::r~~cX ;c:tt~c·~ ~ I \It=$ '-1 {~ ~ c_, 3 sc;. 3 5(, if _?g s 3u I I I ---.. ~-~-;r ··-·---.--.- •· •.• !•·. . . .. , .. ll ··~·---- . ,. ., .. o L • t' .. _ ., __ .J<),,(_. ..31 .~~7 I . - • • • • • • • December 18, 1979 Isabella Knight 3021 S. lincoln Englewood, CO 80110 Dear fols. Knight: ... , Thank you for ~xpressing your concern about the CiiY's election procedures . ... , In response· to statement about precinct #Z: 1. The wrong sample ballots were distributee: to the precinct. This er1·or on our part was corrected as soon as we were notified which was bet1-1een 8:00 and 9:00 A.M. . . . Z. If the judges did ' not swear you in,.they sballd have. Even if a poll watcher fs not sworn in, he or she is expected to uphold the intcgr ·ity of the election process. 3. If the judges did ·not pennit you to view the tabulation of the results from · the machine, here again, they should have •. Our instructions at the judges meeting were very explicit in this respect. In addition, each poll rece~ved a copy of the letter to the poll watchers outlining · their ~er­ mitted actfvitfes. Watching · the vote .take off was one of-these act·ivfties. In futute elections the judges meeting before the electfon ·wfll continue to emph~size the role of the poll watcher. In addition, the poll watchers will be invitud to this meeting so that they have the same fnfonnation tha.t the judges have. · In view of the fnfonnation whfch has· been presented to' me,· there ·.is ·not· cau:>e to o~en the voting machines and recount the ,votes cast • The Election Co11111fs;ion ~111 be· meeting in the ·~ear '· future to ·discuss election pro- cedures .. If you have any quggestfons, we would welcome ·your. input.· Cordially, Gary R. Htgbee . , .--~~ .· . Director of Finance .' :. · .. ;: : .... : . •' ··:. • GRH/mi .• . , .. '•. '1: ·,: ': :=·· ( :· .. :·.·. t . ·!,' ••. :· ··'· :· ;·,. ': .. ' . ...... . ·.· ~--------------------~~~~----------• I • - • ' . I • .; ·-I ... ~~'...~ t , . ,. i "' '·· • J •'/ ·'' -·/ (.. ..... ,...-... '. /I I I//·.'.,_; .... ,/ .;• •' · ......... · (.. /-( • RECE\\JED ~:0'1 3 0 1979 DEPT. OF fll ·I"-NCE EliGLEWOOD • • • j . ·t_.. • ,, I , I • ·' .. .. • i , • :I ... " •• j 1· •• / I ; I .• • : I;': "/·'/I : . ;··:I ') C: --·-.1 .:~ 3 (J .jC/ I , · ? f -y-_ . I / I . - - • • District I Precinct 2 • • • Poll Watcher Englewood City El e c ti.on November 6 , 1979 Wrong sample ballots and right ones not there til 9 o'clock. ·/1.1- ,-~,·/~ u.:...-· · ·.t · ·. · abou t =--· .. · "-· I' I r , ... {/vVt-'' · i ,: ' h '(:o:J ' Judges Didn't swear me in. 2 Judges Were adamant abo~t my leaving when they opened machines to take off totals. Went out in entry way. I took totals off posted tally sheet on outside door. Isabella C. Knight 3021 So. Lincoln November 30, 1979 z I • • - - ( • • ' • • • • M E M 0 R A N D U M 8 B TO: Andy McCown, City Manager FROM: Gary R. Higbee, Director of Finance Gerald A. Beeson, Fire Chief DATE: January 16, 1980 SUBJECT: Bid for Mini-Pumper During 1979, the City Council approved $43,000 in 1979 funds for a mini-pumper and related equipment. A total amount of $14,025.96 has been spent for mini-pumper equipment. This left $28,974.04 for the mini-pumper. On December 28, 1979, the Purchasing Division accepted bids for the mini-pumper. After comparing all bids specifications, expertise, and locality of vendor, it is recommended the bid be awarded to Modular Ambulance Company for the following rea-sons: 1. Modular Vehicles, Incorporated is a local (Colorado Springs) vendor. We have had dealings with this company (new rescue unit) and are very satisfied with the service provided. The low bidder is based in Salina, Kansas, which makes communications dif- ficult when dealing with fire apparatus discrepancies. 2. Modular Vehicles specifies a 454 engine, compared to the 350 specified by the low bidder. Although our specifications called for only a 350, exceed- ing the specifications in this area can only in- crease the performance of this vehicle. This alone would account for a $400.00 (approximate) difference. 3. 4. In our specifications, we asked for Michelin radial tires to be provided with one set of Michelin radial tire chains. Modular Vehicles specifies this, while the low bidder makes no mention of Michelin tires or a set of tire chains. This could mean as much as $700.00 on this one item. In our specifications, we ask for a single around the pump proportioning foam system. Modular Vehicle specifies a Rockwell foam system, which is an accept- able system, used nationally. However, the low bid- der only states a "foam system, 1 agent to be pro- vided". This could mean anything from a can of agent with a pick-up tube to an acceptable system as speci- fied. At any rate, it leaves room for interpretation • I • - - • • • • • Andy McCown, City Manager January 16, 1980 Bid for Mini-Pumper Page 2 /jlw 5. Some of the electronic equipment specified by Modular Vehicles exceeds our specifications. (Speaker in the light bar is 100 watt compared to 50 watt furnished by low bidder, siren specified by Modular Vehicles is a Federal PAlOOO -100 watt -compared to a Fed- eral PA20A-50 watt -furnished by low bidder.) 6. We specified a Duo-Safety, Series lOOOA, aluminum, 24 ft. three-section ladder. Modular Vehicle speci- fies this ladder while the low bidder specifies a Series 925A. .. ' I . . - - • • • • • rJ.I\C. ..)Urr"~..J.J&.Vn PROGRAM NO. 46 1980 SUPPLEMENTAL BUDGET REQUEST M I N I - P U M P E R S Over the past; mont;h t;hc ucpolrbncnt; hOl:> modifi\!u m .. my f .ic:.d operations in an attempt to meet the continuing dcu~c.uu.l::; for fuel conservation. At this point we haven't dev~loped an accurate assessment of fuel conserved as a result of opera- tional changes, but indications point toward a fairly sig- nificant reduction over previous demands. However, with the understanding that our energy problems are not a •her~-today, gone-tomorrow• proposition, as a staff, we have continued to analy~e the problem and formulate ideas that will Olllow us to maintain and/or increase our present service level, but in a more efficient and economical manner. And, that is the in- tent of this report -to propose a change in our pres·:mt EMS and fire suppression delivery system. The problem as we see it exists largely because of our p&esent equipment (large, heavily weighted gas and diesel guz~ling emergency response vehicle~>) •••• and the method in which they'~.-.., utilized. Other contributing factors are from meetinq specific requirements (I.s.o., citizen and hospital demand) w~~hout lessening the overall quality of the services we provide. To give you a getter understanding of the extent of this probleu1, let's look at some example~> of how we respond in varjous emer- gency operations. Each time we receive a call for Emergency Medical Scrvj~cs, our rescue unit plus one engine company is dis.i.•~l...:llcu. 'o'hc reason that two pieces of equipment are dispatched is two- fold. l) Our controlling hospital (Swedish) reco~nU:> that four personnel are on hand to cope with the majority of our incidents. '!'here are f>Ome incidents tho1 t won • t; m:cu '"'u:c th~n two trainud techniciolns, but that ili not usu.:&lly ~.:>..:ccl.~incd until they have arrived and evaluated the patient, .:lto:..l tJ.Ak;l is of the essence during EMS operations; (2) flexibility - by sending part of our crew on a pumper it allows Uli c:onsider- able flexibility, in that if more than two men are not n~eded, the pumper can go back in service so as to provide fire pro- tection at the earliest possible time. I . - • Minl.-Pumpers Page 2 • • • The negative characteristics that manifest themselves during thct>c incidents arc from tl lwrgc con::>wnption of ul·!~ul fuel from our pumpers, and the excessive wear and tci.lr on our heavy equipment. 'i'u y.Lvc you t>~IK: idcw of cxcu:o:oivc wu.:u.· wnu L.u • .u:, .!. h .. v~,; .... x- amined the equipment history record for one of our first lin~,; pumpers -Pumper-1, which is stationed at Jefferson, our mo~t active station. This pumper was purchased in 1972 and the maintenance costt> arc a» follow»: Total 1972 1973 1974 1975 1976 1977 1na Maintenance s 77.43 1,572.28 4,485.63 2,477.49 3,938.49 5,338.48 6,138.87 Costs Miles Traveled 4,613 4,706 5,035 Cost Per Mil ~..: .as 1.13 1.21 As you can see, there is an upward progression in nl<lintenancu costs and we haven't included 1979, which ha:o ct>cwl..l.tl.ld to t..h'-' extent that our equipment rental fees for our 19~0 budget ho.~.vo..: almost doubled. We have also attempted to estimate ou.&.· •n.Ll ....... -...... .~.--'.J .... ~v n ..:v- on fuel (for a 1250 gpm pumper) without the greate»t ~uccc ~~. 'l'he difficulty here arises from the manner in which the equ.q,- ment is used. Fuel is consumed in two ways, trav~ling to ~n d from incidents, and as a result of stationary pum~ing during emergency incidents. Our nearest estimate is that we averwgu around 2.5 miles per gallon during the court>e of o.~. yuo.~.r. There are many other incidents that occur where w~ :ocnd ou~ large 1250 gpm pumpers where a smaller unit would quite ca~J.ly handle the situation. Example of these incident~ .. ~..., wccu and rubbish fires, wash downs, gas odors, etc. I . - - I • • f • Mini-Pumpers Paye 3 • • • For a better clarification of the type of incidents we respono to, I looked at total incident~ that occurred uurir~ on~ ye~r (1978). There was a total of 2707 incidents during 1978 -Bll iirc inc.i.ucnL::o, or 30'£ of Lhc LoLoal, anu lU~6 ~o.·e:.euc c..&.LJ.~. •>r 70~ u! Lh~ total. ~yht o!f the top we could deduct 70~ of our total responses as in need of a larqe pumpeL' . And when you examine the various fire incidents, almost so~ could be handled with ~;;aaallor gquipmcnt. :t.:t~!J ui L'h.: :t, '10'1 calls we reponded to in 1978, or 83.4\, could have ~en handled by smaller equipment thAt is more econolkical and efficient. The next question is, how do we provide a comparablP. or qre"tcr service? And what costs are entailed in any projec~d change? Our answer to solving the fuel consumption and exceaosivc moain- tenance costs on our present equipaant is throuqh purchasing two (2) mini-puapers. The intent bere would be to have a mini-pump stationed at Jefferson and one at our now Acoma station, and the pumper crews would be utili~ud •u• <.~ jump- squad between the large pumper and the aiAi-pwaper. •.ro qive you an idea how this would work, if Jefferson was di•patched on a structure fire, the large pu.p with the re~cuu aquad (plus the second pump, Snorkel and duty chief's car) wo•1ld respond, as we nor.mally do now. Of the 2,707 incident~ that occurred in 1978, this would have happened 16.7\ of the time. The majority of the other incidents would be handlc•l with the mini-pump. Another example could be: A re:;;cuo.: co.~ll •. L Acow . or Jefferson -our personnel would respond on che mini an(! rescue unit. The only exception would be if we received a call at Tejon or Federal Station, but there arc liO few that the difference would be insiqnificant. Plus, almolit every other incident (other than structure fires, that oc~ur in District No. l or No. 3) could bo handled by ou1· mi.li.-lJUmp~, .i.. e. , wo.~~h uuwn, wucu oanu tr~lih fire~, <Jo.&:;; wu1·~, e L;. I • - - Mini-Pumpers Page 4 • • • Now, whc.t is a mini-pumper·.> Attached is ·a picture to h~lp in describing the vehicle. It is much the same ~~ our l~r9c 1250 gpm pumps, except it will only pump 250 gpm. lt hw~ essentially the same water carrying capacity as the large vehicles, but is lighter with a smaller gasoline engine. Be- c"'u~c..: uf it~ liyhtncss and ~llcr cnyinc.:, 111ilc..:~· j.>eL" 'l"'llun are greatly increased. As mentioned before, our 1250'~ average around 2.5 mpq. As a result of our investig••tions with surrounding fire departments that have this equipment, mpy • s for minis <&rc estim.;atcd <&t ~pproxillaoltcly U -9 llll..XJ '~. On all incidents where the mini is used, we could con~crvw­ tively increase fuel efficiency by 300 percent. The next concern is the excessive muintenancc cost on our present equipment. Our ServiCenter has estimated th~. life span of a pumper at 15 years. If you go back to the mclin- tenance costs I listed for Pumper-1, I'm sure you will have reservations, just as I do, that that piece of eq~ipment will last 15 years, especially when you consider how much it is utilized. The other consideration would be, at what point in time would maintenance costs escalate to the point of making this piece of equip.ent economically iAfoa~iblc to o~rwtc.:. Additionally, let's loolt at costs of equipment. Pumper-~. was purchased in 1972 for $45,000.00. That same rig in 1979 would cost $90,000.00 -and if ordered today it would take from 9 to 12 months to receive and you could add another $10,000.00 - because of inflation. Add another eight years before it's replaced and you can conceivably add an additionwl ~iOO,OOO.OO for replacement costs. In comparison, mini-pumpers could be purchased for "' uw~c.: pri~~ of $28,000.00. With accessory equipment, it will co~t approxi- mately $43,000.00 for each unit. A major portion of the cost for accessory equipment would be from purchasing ~ Hurst Rescu~ Tool. This is a very essential piece of equipment for rescue operations, and something this department has needed for s~ time. I • • • --~~------------~~~--~~----------~·~~~--~--------~~~~----------~~~.r.J - • f • Mini-Pumpers Paye 5 • • • We are requesting that financing for one 1Un1.-pwnp an.:. acces- ory e--quipment for two pwups bo obtainod frou1 our 1960 co.Apit.:ll account. Thi~ amount~ to $58,492.00. The remuindcr o1 the funds I would like to take from the 6th quarter of the Public Improvement Fund (1979), where $33,000.00 is allocated for the l'ire 'l'raininq ~,.:lcility. After receiving the $92,000. :>0 -fo.L: the Calitlewood Fire Department buy-in this year -it .I!)J.)(;:.:lr:> that there will be sufficient funds to proceed with Phase II development without an additional contribution from the three entities at thi~ time. Tharefore, until we &.x:q.A.n l'ha:>c III development, additional funds shOuld not be required, except for our yearly maintenance coats, and I would like to see the $33,000.00 diverted for the purpose of meeting our present equipment needs. I fully realize that many figures bave been thrown at )OU in this report, and the proposed changes are &omewhat of a da- parture from the norm. But, I earnestly feel that the energy problem and the escalating maintenance costs for our present equipment will fully justify this request. To reiterate, by purcha&ing two mini-pumpers, we shOuld realize the fo "~o.lowing; A. A significant reduction in fuel consumption, therefore lessening our overall demand and lowering total costs. B. A more economical operation in that the .-aller vehicle will be easier and less costly to maint~in. C. An extension of the life span of our lar~er, more expensive pumper~. o. Obtain extra credit from I.S.o. for incr~~:;cu pumping capacity. E. Provide us with incre~~ed flexibility in fire suppression activities. Gerald A. BeeftOn Fire Chi.ef /ms I • - ( P ·,p 3 S' C: E 8 - • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE January 16, 1980 AGENDA ITEM I 8 c j SUBJE'CT PROPOSED PAVING DISTRICT 127 INITIATED BY ____ ~c~i~t~y~Ma~n~a~q:e~r---------------------------------------- ACTION PROPOSED Review of proposed streets for inclusion in Paving __ District No. 27--Proposed project schedule would require consideration of resolution of intent to form Paving District No. 27, on Monday, March 3, 1980. BACKGROUND: Since 1956, the City has been improving its streets to meet m~n~mum City standards through Paving Improvement Districts. During this period some 20 districts have been completed; improving approximately 78 miles of streets and 40 alleys. The costs of these improvements are borne by both the adjacent property owners, through special assessments levied for work done adjacent to their properties, and the City, through budgeted monies in the PIF for street and alley intersection work, incidental storm sewer construction, right-of-way acquisition, fence relocations, etc. The list of proposed streets presented to Council is usually an accumu- lation of recommendations from several areas: requests from citizens, petitions, request from business or industrial properties, requests from Council, review of past districts, review of maintenance problems and costs, physical inspections, etc. Prior to inclusion in the list, streets showing signs of distress, are tested for thickness of asphaltic concrete and basecourse to determine the appropriate action required. Streets not meeting minimum Englewood standards are proposed for re- construction and assessment. If it is determined that a street not meeting minimum standard can be brought to standard by construction of an overlay, then an overlay is proposed for assessment. Streets that are found to meet City standards, are not proposed for paving district inclusion, but rather are included in a city overlay/sealcoat program where no assessments are levied. The attached list "Proposed Streets for Paving District No. 27" consists ent irely of streets and avenues that (1) have not previously been constructed to minimum City standards, (2) from testing results require total reconstruction, (3) improvements have been delayed pending storm sewer construction, which is now completed, and (4) have only been I • - - • • ~~ • • • • temporarily patched after storm sewer construction, anticipating re- construction and inclusion in a paving district. FINANCIAL: The estimated $140,000 necessary for completion of the proposed streets in Paving District No. 27, is available in the 2nd quarter of the Six-Quarter Budget. CONCLUSION AND RECOMMENDATION: The proposed streets are in need of improvement and monies are avail- able for proposed Paving District No. 27. No action is requested at this time. Please review the list of proposed streets and estimated costs and the proposed schedule for construciton of the district. As per the proposed schedule, the resolution of intent to form paving district no. 27 would have to be prepared by and considered on Monday, March 3, 1980 • SUGGESTED ACTION: MOVED BY SECOND YES NO ABSENT I • • • - • • PROPOSED PAVING DISTRICT NO. 27 I . • • - • • PROPOSED STREETS FOR PAVING DISTRICT NO. 27 -1980 For Construction Estimated Construction Costs Sec. A Sec. B Total Assessed Costs City Costs ~ 000 E. Cornell Avenue $ 11,270 $ 3,380 $ 14,650 100 E. Cornell Avenue 9,714 3,380 13,094 200 E. Cornell Avenue 11,270 4,010 15,280 300 E. Cornell Avenue 13,563 20,798 34,361 400 E. Cornell Avenue 15,300 14,359 29,659 500 E. Cornell Avenue 11,762 21,382 33,144 600 E. Cornell Avenue 13,920 17,708 31,6~8 700 E. Cornell Avenue 13,920 15,900 29,820 400 w. Eastaan Avenue 11,782 4,818 16,600 ~ 300 w. East:llan Avenue 10,020 3,1S4 13,174 200 w. Eastaan Avenue 9,S86 2,880 12,466 100 w. Eastaan Avenue 9,942 2,780 12,722 000 w. Eastman Avenue 11,350 3,280 14,630 000 E. East:llan Avenue 11,890 3,106 14,996 100 E. Eastaan Avenue 10,940 3,606 14,546 200 E. Eastman Avenue 9,586 3,880 13,466 300 E. Eastman Avenue 10,556 3,130 13,686 3000 s. Grant Street 34,816 1,366 36,182 3100 s . Grant Street 24,344 784 25,128 • 3200 s. Grant Street 24,530 904 25,434 Total $ 280,961 $ 134,605 $ 414,666 • I • bjs • - • • • • • • PH.OPOSi:.D SCHEJU U: rOR PAVING OfSTRl:? !l:o.". 27 M!»>DAY, Jan~ 21, 1980 TU£SDIIY, FebruAry 19, 1980 MONDAY, Harch 3, 1980 WEDIIESDAY, March 1 ::!, 1080 FRI.DAY, Karch 14, 1980 IIECOU:Silll Y, March 19, 1980 wt:::DDU:StlAY, March 26, 1980 PICIUDAY, fll&rch 31, 1980 IICllllliiY, April 7, 1980 IIEniii:SDIIY, April 9, 1980 .-r. April 21, 1980 JlltWDaY, May S, 1980 WEDNESDAY, May 7, 1980 JldDAY, June 2, l. 980 MCBDAY, June 2, 1980 VEI*ESDAY, June 4, 1980 PRID&Y, June 6, 1980 ldiDAY, J\ll'le 9, 1980 reuRSDAY, June 12, 1980 THTJRSDAY, J-19, 1980 WEDNESDAY, June 25, 1980 WEDtlESDAY, June 25, 1980 MONDAY, July 7, 1980 WEO!IESDIIY, July 9, 1980 HOliDAY, July 21 , 1980 TUESDI\Y, July 22, 1980 W£011ESDAY, J uly 23, 1 9 80 FRIDAY, August 22 , 1980 MONOJ\Y, Octobe r 20, 1CJ80 AAK/bj5 12/21/79 Liet of str~t• Available for Council. Selectin9 finl for fi . .c.l services and. bone! baDdlin9. Consider re&Olut.ion of utent to fora Pavin9 Dietrict llo. 27 . First publication of tlotice . Mail notice of incluaiclll in Oiatrict and pubhc bearing to al.l affectecl property ownara. Second publlc.tion of notice. Ttdrd publicat.i.on of notice. Public he..ri.Dg on for.ation of Di&trict (Special Mt<J.) f 7ol0 p.a. Introduction of a bill for an or4inance creating the Di•trict. Publication of bill for ordinance. Public M&ring 011 final pas-of ordi.nance. Final reading of bill for ordinance. Publish as an ordinance. Curb, gutter, sidew&l.k perait cut-off date. IIOtice to contr•cton, and bond sale author i&ed. PW:Iliah first DDt.1ce to contractor• and bond bo ...... or<Sinanee in full force anc1 effect. Pl&ns And Specifications available. second notice to contrACtors and bond houses. Third notice to contractors &nd. band ho\ae8. Final date for private concrete canst. Open construction bids at 2 :00 p.a. Open bond bi4s €!2:00 p .a.: ava.r4 contract : introduce bill for ordinance to Usue And sell bonds (bonds dated J\Ml.e lrt). Publia.tion of bill to Mll bon4a. Passage of ordinance on final r~rMJ. Est . d.ate of start of construction ;go days). Publ.Uh as en omu.a.-folJQwi"9 final pass•qe. ur4i.na.nce in full effect -rroc_.. of bond.8 received. I I I i t I • • - - ~I • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE January 17, 1980 AGENDA ITEM SUBJE'CT FILTRATION PLANT NORTH STORM DRAINAGE PROJECT INITIATED BY ____ ~c~i~t~y~Ma==n=a~g=e~r-------------------------------------- ACTION PROPOSED. ______ Re __ c_o_mm __ e_n_d_a_t_i_o_n __ o_f __ ~_w_a_r_d __ f_o_r __ th __ e __ c_o_n_s_t_r_u_c_t __ io __ n __ o_f __ t_h~ Filtration Plant Basin North Storm Sewer Porject In 1971 a Storm Drainage Master Plan was prepared for the City of Englewood. This plan broke the City into several drainage basins and the basins were broken down into two priorities. All priority number one improvements are completed and the number two priorities are now ready to be addressed. The Filtration Plant Drainage Basin which generally lies between Santa Fe to Huron and Tufts to Belle- view has not been installed. The State Highway Department is planning to start construction on Belleview Avenue Railroad Separation in May. As part of this pro- ject they would like to use Windermere as a de~. To carry the detour traffic Windermere Street between Big Dry Creek and Tufts will need improved, overlayed and/or rebuilt. The major storm sewer line for the Filtration Plant Basin is planned to be installed in Windermere from Tufts to Big Dry Creek. Before the road is improved the storm sewer line should be installed and the road cut down so that local drainage could be carried. Construction drawing and specifications were prepared for the storm sewer lines in Windermere and Tufts. On January 16th bids were opened for the Filtration Plant Basin North Storm Drainage Project • Eight contractors submitted bids on this project. Proto Construction and Paving, Inc. is the low bidder on this project. His bids were $158,992.85 with Federal Guidelines (Davis-Bacon Wage Rates, govern- ment forms, etc.) and $136,643.00 without Federal Guidelines. If revenue sharing money is used for funding this project Federal Guide- lines. In addition to the storm sewer installation funds will be required for Windermere roadway improvements and project contingencies. A total of $175.000 is required if revenue sharing money is not used. In swmnary. · I • -• • · . • Filtration Plant North Storm Sewer System Windermere Improvements includes adding roadbase and asphalt temporary surfacing Project Contingencies Total Project Cost $ $ 136,643 30,000 8,357 175,000 Since Windermere Street is not presently in an acceptable condition to carry the traffic of the Belleview detour, the City has asked the Highway Department to absorb the cost of rebuilding Windermere, after the new storm sever line is installed. To "date they have indicated that they will not pay for the street improvements. Therefore, a total of $175,000 required to install the storm sewer system and make the roadway improvements of Windermere is in the sixth-quarter budget. The recommendation is to award the Filtration Plant North contract to Proto Construction for his bid without Federal Guidelines of Sl36,i43 • ..-- L _____ _ • I • • - • • • cat OXlSt.ruc:tiat Inc. • Shawnee OXlSt.ruc:tiat Inc. Engineer' 8 Estimate Buldidc Cl:Xltractors Inc. Holsam Qncrete Pmducts Trainor OXlSt.ruc:tiat (b. Kelran Cbnstru::tors Inc. F'ranZen & 5alS Inc. • • • Bid With Federal GU.delines $158,992.85 168,148.50 187,109 206,928 208,543.50 209,670 214,507 258,324 305,008.72 • January 16, 1980 11:00 a.m. Bid Without Feaeral Qlldelines $136,643.00 168,148.50 185,277 192,443 208,543.50 209,670 !I:> Bid 255,355 282,415.48 - - ( • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT January 17, 1980 ~t: PI~ Six-Quarter Budget • INITIATED 8Y ______ C~1~·t~:y~Ma~n~a~g·e~r~~~~~~-------------------------------- ACTION PROPOSED __ ~C~o~n~S~1~·d~e~r~a~t~io~n=-7=in=-a==d=o£p~t=i=nzg-=a-=r~e~s~o~l~u~t~i~o~n~o~f~t=h=e~-----, Six Quarter Budget -January 1980 through June 1981 B;',.C~GROtmu : The Public Improvement Fund (PIF) Six-Quarter Budget process was adopted in the summer of 1973. The essence of the Six-Quarter Budget is that the City has a continuing budget which extends one and one-half years into the future. Every quarter, the City Council reviews and analyzes this budget and if projects are delayed due to unavoidable circumstances, they are dropped back in this budget while projects ready to go are moved forward. The most current revenue forecasts are used and, if additional funds become available, specific projects could be moved forward and completed ahead of schedule or a new or emergency project could be added. HISTOi<Y : The following paragraphs will explain a brief history of each PIF project: Storm Sewer, General Miscellaneous storm sewer problems come up during the year, this fund is used to pay for minor purchases of materials and engineering services needed. It has a carryover from 1979 of $244 and receives funds from any surplus of existing drain- age projects that are completed during the year. Central Englewood Basin The City Storm Drainage Master Plan was approved by city Council in 1971, in which the City was divided into several natural drainage basins formed by the hills and valleys. Storm sewer systems were preliminarily designed for each drainage basin to collect and transfer the local two year capacity storm water to nearby creeks and rivers. The basins were designated priority 1 or 2. A one cent sales tax was approved by the voters to fund this multi-million dollar project. In 1979 all of the priority 1 drainage basins were completed. The Central Englewood Basin was the first 2nd • I • - { • • • • • priority basin to be proposed at an estimated cost of $1,300,000. It includes an area from Hampden Avenue to Oxford and Santa Fe to Cherokee. The consulting engineers, Sellards and Grigg, Inc. are presently reviewing this project for alternative solutions to reduce construction costs. Little Dr~ Creek-Englewood participates in the Federal Flood Insurance Program w ~ch provides federally subsidized flood insurance for property damage in a major flood. As part of this program, property owners must comply with certain building restrictions within the 100-year flood plain boundary. In an effort to reduce the number of properties with the 100- year flood plain of Little Dry Creek,following numerous public hearings and many hours of discussions, the City Council approved a combination of four alternative plans proposed by our consulting engineers. It consists of several dams, a detention area and open channel sections as well as enclosed conduit sections on Little Dry Creek. Holly Dam and Englewood Dam have been constructed while we are presently studying the feasibility of combining two other proposed dams into one larger one. In cooperation with the regional Urban Drainage and Flood Control District, we are design- ing one of the open channel sections of Little Dry Creek from Santa Fe Drive to the South Platte River to carry the 100 year storm. The 1979 PIF balance of $112,100 was designated by City Council in an agreement with Urban Drainage and Flood Control District to help purchase the right- ow-way needed to widen the channel in this area. Traffic Improvements-During the year unexpected traffic signs and signals need to be changed or added to our street system for the safety of our pedestrians and travelers. The $29,772 is available in 1980 to accomplish t this type of work. Clarkson Street-For more than 12 years Englewood has tried to improve Clarkson Street from Hampden Avenue to Belleview. Englewood and Cherry Hills Village city limits join along Clarkson Street for this entire length which has been a major factor in its delay. The City Council budgeted the'224,994 shown in the 1979 PIF in hopes to start the recon- struction of the street, but Cherry Hills declined to share in the $800,00 project. Zuni Street PDt26 -Zuni Street re-construction was separated into two sect~ons. The North section from Yale to DArtmouth is proposed to be built in 1980 under the Federal Aid Urban Systems Program which pays 74% of the construction costs. Englewood pays for the remaining 26% cost for the east 1/2 while Denver pays 26% cost within its city limits on the west 1/2. The $39,410 carried over from 1979 is the estimated cost that the Ci ty will have to pay above the assessable costs to its residences. The South section of Zuni Street from Dartmouth to Floyd was re-construct- ed in 1979 in cooperation with the City of Sheridan • Road & Bridge-This project is the annual asphalt overlay and sealcoat surfacing applied to city streets which have been improved and meet the City standards. Taxes refunded through the county are combined with other PIF funds to extend the life of our streets. In 1979 $3,800 remained for carryover to 1980. (2) I • - • • • • Paving District 127 -In 1956, the City began improving its streets to meet minimum standards established in the City code (2• asphalt and 6• base course on residential streets; 3• asphalt and 8• base course on commercial, industrial and arterial street.s). Most engineering and construction costs are assessed to the property owners, but some costs like storm drainage, tree replacement and fence relocation are paid for from the PIF fund. Paving District 127 is a continuation of the street improvement program. These particular streets proposed were previously postponed awaiting the construction of storm sewer lines. The storm sewer work is completed so the street widening and re-construction needed can begin. City Survey -The City Survey is a project to establish a city-wide system of horizontal and vertical controls. This would make available, to all surveyors working in the City, a common network of land corners and elevation benchmarks for use in all future surveys. The 5-year Capital Improvement Program had allocated $20,000 per year for five years totaling $100,000. The PIF presently has $20,000 from 1979 budgeted for this project. Lebow Bridge-The bridge bordering the city limits of Englewood and Littleton on Lebow Avenue has been replaced by a structure to carry the 100 year storm of Big Dry Creek. Federal Aid Safer Off Systems Road funds of $166,500 were used to help fund the $250,000 project. Englewood (25%), Littleton (25%) and Urban Drainage and Flood Control District (50%) are sharing the remaining costs. The $250 remains at the end of 1979, but will be needed in 1980. Centennial Park -The City is expanding Centennial Park at Union Ave. and Decatur Street with the help of $94,000 matching funds from the state. Arapahoe County is giving to Englewood the northern part of the lake created by the county's gravel excavation operation so long as the City develops the site into a public recreation facility. Eventually the entire lake will be deeded to the City when the county has completed its mining in the southern end. The $79,628 represents those matching funds needed by Englewood to complete the park improvements around the north portion of the lake. Belleview Storm Repair-After flood damage in 1965 and 1972 on Big Dry Creek which runs through Belleview Park, several solutions were offered to reduce future repair costs to the park. The last flood damage has not been fully repaired awaiting a final deci- sion on construction measures that could be taken. In 1979 the council authorized $ 99,297 to be used to make the repairs needed following the design. (3) • I • - • • • • • ~Handicap Play Apparatus-With $12,000 matching funds from State Land and Water Conservation, the City is planning to provide handicap play lpparatus in Bates Logan Park for the handicapped. Craig Rehabilitation Center has helped determine the type and location of the equipment needed. Asphalt ramps, additio~al lighting and handicap parking will be planned. The $24,000 from 1979 is budgeted for this work. River Development -Englewood voters approved the construction of a m1n1- cipal golf course after the construction of Cinderella City eliminated the old one. The West 9 Holes of the new Englewood Golf Course are com- pleted and the East 9 Holes are being constructed at Oxford and Clay St. The $32,301 remaining in 1979 will be n~eded to continue improvements to this project to match $114,000 federal funds now available. Senior Center Parking-In an effor~ to provide additional parking for the Els1e ~tal ley Recreation Center, the Englewood Cent.ennial/Bi-centennial Committee recommended and City Coun·::.! 1 agreed to buy the properties just east of the center. The FCBC provided $50,000 of the remaining $98,991 to help buy this land. Land Acquisition-This $100,000 was budgeted to buy land to relocate the F1re Station 13 presently located at Belleview Avenue and Fox Street. ;ire Station 13-City Council chose a site on Acoma just south of Layton · to bu1ld a new fire station. An architect has been hired to design the building, but due to condemnation proceedings on the land purchase, the project is being delayed. The $227,994 was budgeted to help pay for this building. Fire Training Facility-Englewood, Littleton and now Castlewood Fire Districts have agreed to develop facilities to practice fire training. The first phase, a fire tower, was built in 1977 south of Union Avenue just east of the South Platte River. The $33,000 carried over was Englewood's share to begin construction on phase 2,which is a burn building. Sidewalk Repair-Throughout the City,sidewalks need to be repaired. The city code requires the property owners to pay for this work. In 1979 the City Council approved a sidewalk repair project which will be billed to the property owners, but the City has to fund this work until repayments are made. The county will collect any unpaid assessments through the pro- perty tax billings next year • Filtration Plant Basin North-This is a new project to provide a local storm dra1nage system 1n Tufts Avenue and Windermere Street. The proposed constru~tion of the Belleview Underpass east of Santa Fe has designated ~indermere as a detour route for 12-14 months starting in the spring of 1980. In order to prevent a drainage problem for an estimated 30,000 cars per day expected to use Windermere, we suggest this project be built before the detouring begins. This project was proposed in our 1971 storm sewer master plan as a priority 12 basin. All priority tl basins have been com- (4) • t I • - • • • • • ~ pleted. Handicap Ramps Englewood applied for anlreceived Federal Aid Urban System Funds ($73,100) for the construction of handicaps curb ramps at the intersections of Girard from Clarkson Street to Elati. This will provide a route for handicapped individuals to travel without obstructions of concrete curbs from the hospital to local shopping areas. Senior Center-Several years ago the City Council decided to cul-de-sac L~ncoln Street between the Simon Center and Elsie Malley Center. They wanted to provide safer pedestrian traffic and a campus type green area between these buildings. The $26,518 is carried over from 1979, but is no longer adequate to fund this project estimated to cost $40,000. Duncan Park-After the school district closed Duncan School,located at Chenango and Pearl, they leased the building and grounds to Englewood for $1/year to be used as a neighborhood center. Much controversy arose over the needs in the open area;particularly the need for outdoor toilet faci- lities. Following several public hearings, the City Council requested and recieved a recommendation from the Parks and Recreation Commission concerning improvements. The $40,000 was budgeted in 1979, but the Parks and Recreation Department is awaiting directions from the Council as to which improvements they want made. ~~Downtown Develo~nt Authority-At a request from the Downtown Develop- ment Author~ty, e City Council budgeted $135,000 to help acquire and construct a parking lot for the improvements proposed by the DDA. The site chosen by DDA is in the 3400 block of South Lincoln Street. Police Pistol Range-During the construction of the East 9 Holes of the Englewood GOlf Course, the police pistol range had to be relocated. After a munti-jurisdictional effort was made to find a new location where several police forces would be able to use the facility, it became apparent that there was much opposition to such a large facility. Englewood Council budgeted funds ($32,000) to allow Englewood police to construct its own pistol range to satisfy an immediate need. RF.C~tENDED CHANGES: The following paragraphs explain the recommended changes to the last Six- Quarter Budget amended to be incorporated into the Six-Quarter Budget January 1980 through June 1981: 1980 Changes Central Basin-Central Basin is a 2nd priority drainage basin according to the 1971 Storm Drainage Master Plan. Its budget has been reduced from $563,140 to $426,807 in 1980. Since the estimated construction cost is $1,300,000 to complete this project, the ~ ~onsulting engineers are reviewing alternative solutions to reduce costs. It is expected that the design will be completed in 1980, but until the new cost estimates become available, we are unsure when construction can begin. (5) • • I • • - • • • • .. • Little Dry Creek-The Little Dry Creek project has been increased from $324,625 to $538,125 in 1980. This additional $213,500 is needed to help match the $633,900 Urban Drainage Flood and Control District funds they have available during 1980 and 1981. Englewood still needs an additional $183,675 in Little Dry Creek during 1981 to complete the $633,900 match. Clarkson Street-Since it appears that any construction on Clarkson Street from Hampden to Belleview is not possible during 1980, the $224,994 has been deleted from this project. The City Council, however, may want to consider some improvements in the estimated $800,000 project. Therefore, the 1981 paving district funds of $200,000 will be reserved for Clarkson Street in the next Six-Quarter Budget. Road and Bridge-This is the annual overlay and sealcoat program for applications to existing city streets that meet the City standards. These funds have been reduced slightly from $140,000 to $139,416 due to an updated adjustment in the refund expected from the county taxes. Paving District 127-PDI27 is a street improvement project to bring older streets up to City standards. These particular streets were previously postponed to allow storm sewers to be constructed during 1979. The 1980 budget has been reduced from $200,000 to $140,000 based on more recent cost estimates. City Survey-This project will provide horizontal and vertical control po1nts throughout the city to be used on all future surveying. Its 1980 budget has been increased from $20,000 to $50,200, i n order to complete the work at one time instead of spending $20,000 per year as previously proposed. Lehow BridGe-The bridge on Lehow at Big Dry Creek was re-constructed to carry t e 100-year flood. The Highway Department hired the contractor through Federal Aid Urban Systems Funding. The additional $24,000 requested is needed to pay for cost overruns on the project of which Littleton will repay $6,000 and Urban Drainage will repay $12,000 • Belleview Storm Repair-To repair the flood damage during the 1972 flood and make 1mprovements to reduce future damage to Belleview Park, we have designed and estimated this project to cost $185,000, of which $99,297 is available from 1979. The additional $85,703 is needed for construction. Senior Center Parking- parking lot east of the needed. These funds do parking lot. In order to purchase the land for the proposed Elsie Malley Center, an additional $14,000 is not include any monies for the construction of the Sidewalk Repairs-Although the sidewalk repairs are to be paid by the property owners, Englewood must fund the costs made until the reimburse- ments are paid back to us. The $11,137 is the additional funds needed (6) • • • I • - - • • • • to cover the construction costs paid to the contractor. The County will place a tax lien on properties and collect any unpaid accounts next year. Filtration Plant Basin North- priority 12 of the 1971 Storm basins have been constructed. and Windermere. The $175,000 ject. This is a new storm sewer project under Sewer Master Plan. All of priority 11 This project collects storm water on Tufts is needed to award and construct this pro- Handical ~s-Under the Federal Aid Urban Systems Program, grant monies of $73, O~ve been received. The City's share of providing curb ramps for Girard from Clarkson to Elati is $21,000, of which $5,000 is budgeted in the 4th quarter to design the project. 1981 Changes Central Basin-This 2nd priority drainage basin is being funded $262,933, which is an increase of $82,140 over the last Six-Quarter budget for 1981. I Clarkson Street-Should Council decide to do some of the work on Clarkson t ~Street from Hampden Avenue to Belleview, $200,000 has been included in th 2nd quarter in 1981. This $200,000 is made available from the proposed 1981 Paving District in the 5-year Capital Improvement Program. Road • Bridge-Annually the City overlays and sealcoats some of its asphalt streets to extend their life. Part of the funds come from the PIF fund and part are received from the county tax refund. The $72,000 budget is the County's share for 1981. Handicap Ramps-To complete the curb ramps on Girard from Clarkson to Elati, Englewood's share is $16,000 while Urban Systems will provide up to $73,100. RECOMMENDATIONS: The attached Resolution amending the Public Improvement Fund is presented for your consideration. (7) • I • • - • . . • r • c • SUGGESTED ACTION: MOVED BY'---------- ·1 SECONDi __________ _ I . I YES ___ ......~NO ____ ABSENT _______________ _ • - • • • • • , . • RESOLUTION NO. 2 SERIES OF 1980 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. WHEREAS, the City council of the City of Englewood, Colorado, has approved a six quarter budget for the period January 1980 through June 1981, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, as follows: Section 1. The following estimated appropriations and revenues are hereby in the Public Improvement Fund: Source of Funds PIF Fund Balance $ 136£629 Appropriations Central Basin $ (136, 333) Little Dry Creek 213,500 Clarkson Street (224,994) Road & Bridge (584) Paving District t27 (60,000) 30,200 City survey Lebow Bridge 24,000 Belleview Storm 85,703 Senior Center Parking 14,000 Sidewalk Repairs 11,137 Filtration Plant Basin 175,000 Handicap RamPS 5EOOO $ 136£629 Section 2. The City Manager and Director of Finance are hereby authorized to make the above changes to the 1980 budget of the City of Englewood. ADOPTED AND APPROVED THIS~day of January 1 1980 • Mayor ATTEST: ex officio City Clerk-Treasurer • I • ...... • • • • • - 2 - 1, Gary R. H &bee, ex officio City Clerk-Treasurer, of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. __L_, Series of 1980, passed by City Council on the2~ day or--January , 1980. ex officio City Clerk-treasurer I . • • • • ~ ........ _..,..,~.....,..~,.~·~~~·1:J;• ,04 .... •-~-... .,.•~"--•.....,~+=~S W ? .... ~w:w .... su Ji!i!#C. e•, 4 li@)W;~ .;,..:f ,'··--·· '"-"'"'·-.;.; .. , . .;;:: ;,,_...:, __ ...... , ;. '·· "it •:•' . . 1-' ..... ·.". ····· ~·-....... [$ ,.,!"-·~•-.: .. ,.:. ..... ~ ....... , ........... ·;;; ···-><··~:::-. ,.,r,. ·• ·-·':.··~-~--. __ .. • .. .. ,J • • .. .. ·"· ......... •• .. -:..--• ....... ,,.. Stor. Outnage Cenenl Central Basin Little Dry Creek Traffic. I•prove~~tenta Clarkson Street Zuni St r eet Road & !ridge PavfnR District 127 Ct ty ~urvey Lehow Avenue Bridge CentenniAl Park Bellev i e w Stora Sewer Ha ndicapped Play Appar.ttus River Dev e lopment Senior Center Senior Ce nter ParkIng Fire Sta. f ) Land Ac q . Ft re Station I) Ft r e Training t'acl t lty Sidewalk Re pal r Ff Ite r Phnt Basin HandJcap Ramp Dunc.:~n Schoo l Pistol Range Downtown Development Authority Broadway BeautJ ftcatl o n North Fl re Stat I on City Hall P~Jrklng tand Ac q . Comm~nf ty Ce nt e r TOTAL P-T-D-(Project To Date) • • PR OJ . !UDG~ s 378 ,1 2 1 860 ,000 1, ~8~,000 1 4 9,8~1 22~ ,000 ~o .ooo 1,786,79 4 600 ,000 70 .20 0 82,750 94,000 100,000 24,000 4,1 24,418 862,128 I)~. ~00 100 ,000 250,000 31,000 t 5 ,637 t 75 ,000 91,700 40 ,000 32 ,000 n ~.noo ~o.ooo 500,000 100 ,000 110 ,000 APPROP . P.:_T-£._ 378, t 21 5,000 158,500 1 4 9,8~1 22~ ,000 ~o.ooo 140 .580 0 20 ,000 58 .750 94,000 100 ,000 24 ,000 3,848, t II 8 6 2,528 122,500 100 ,000 210,000 31 ,000 4,500 0 0 0 0 0 0 0 0 ____ o EXP. !::"T~ 377 ,877 s .noo 46,400 120 ,07 9 6 10 ,190 13~. 780 0 0 58,500 14,372 703 0 3 ,8 15,810 816,0 10 23.509 0 22,00 6 0 0 0 0 0 0 0 0 0 0 ____ o PROJ .!AL. 12J..3lj79_ 244 0 t 12 , t OO 29.772 224 .994 19 ,410 3,800 0 20,000 250 79,628 99.297 24 .ooo J2 . 30 1 26 .518 98.99 1 100,000 227 ,994 JJ ,OOO 4. 500 0 0 0 0 0 0 0 0 0 PROJ, BA L. UNFU~ 0 855,000 1,4 2~,500 0 0 0 1,646,214 600 ,000 50.200 24 ,000 0 0 0 276,307 0 14,000 0 0 0 11 • 137 175,000 93 .700 '•0 ,000 n ,noo 11 5,000 50 ,000 500 ,000 100 ,000 __ l l_O...._QO..Q. SIX QUARTER BUDGET JANUARY, 1980 TI!RU JUNE, 1981 0 0 87.900 0 (224,99/o) 0 0 0 50,200 24 ,000 0 8~. 703 0 100 ,000 0 14,000 0 0 0 II ,lJ7 17 ~.000 0 0 0 13 5 ,000 0 0 0 ___ o 0 60.000 250 ,000 0 0 0 66.500 140 ,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 40 ,000 J2 ,000 0 0 (I 0 0 0 IH,075 200 ,27.1 0 0 o 72 .91 6 0 0 0 0 () 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 _o 4th_ 'l-' r_,_ 0 231,732 0 0 0 0 0 0 0 0 0 0 0 0 ll 0 0 n 0 0 0 ~.0(1(l 0 0 " (I r 0 l' ~1 2 .803,499 s~.6 2 4,441 th-~62...242 $1 ,1 56,799 ~.t79 ,~8 ~~6 t 588,\oo ~.!!_..1.1 ~ ~~.:..?3 ' EST. PROJ . F.XP. THR U 12/31/8..9. 378,12 1 65,000 496 ,400 149,85 1 6 50,000 14) .2 16 14 0 ,000 70.200 8 2 .750 7 9.~2 8 IR5 ,000 24,000 ) ,948 , t II 862 .5 28 136.500 100 ,000 25 11 ,000 0 l ~.637 17~ ,000 ~ .ooo 40 ,f'00 0 1 J5 .ono 0 0 0 ----~ CURR. YR. RE IM. fXP . __ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 EST. PR OJ . !AI .. 12/1 1/80 0 JM ,807 200 ,2H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J3 ,000 0 0 0 0 )2 .000 0 0 0 APPRO!'. 1l!R U 6/81 PROJ, BA L. l s t-qt <::. -2n-d-qiJ:.: 6 /30/81 0 100,000 0 0 0 0 0 0 0 0 0 0 0 176 .307 0 0 0 0 0 0 0 16,000 0 0 0 0 0 0 0 0 162 ,99 1 0 0 200 ,000 0 72,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 72.700 0 0 0 0 0 0 0 0 624,800 200 .2 25 0 200 ,000 0 72,000 0 0 0 0 0 0 176 ,30 7 0 0 0 0 33,000 0 0 881700 0 32 ,000 0 0 0 0 0 ~7,s 3~!~"! s ___ o s 63 ~.on ~_292 ,3 07 507,6 9 ~ ~ I • - • • ( • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT January 17, 1980 1 B ·, BUILDING CODE REVIEW COMMITTEE INITIATED BY ___ c_i_t_y_c_o_un_c_i_l ____________________________________ ~------- ACTION PROPOSED Appointments to Building Code Review Co..tttee INTRODUCTION Mayor Otis bas informed the City Manager's office that Council has interviewed applicants for the Building Code Review Coaadttee and is prepared to make appointments at the regu- lar Council meeting of January 21, 1980. 0 ( BACKGROUND ( In the latter part of 1979, a recoaaendation was .ade to Council by staff that a Building Code Review eo..ittee be established to review and .ake recommendations to City Council for adoption of the following codes: 1979 Uniform Building Code; 1979 Uniform Fire Code; 1979 Uniform Mechanical Code; 1979 Uniform Plumbing Code; 1979 Dangerous Building Code; 1978 National Electric Code; and the KiniaD Housing Code. Council directed staff to advertise in the local newspaper for applications for the committee and then later postponed any further action on the appointments until the newly elected Council was seated. The new Council directed that interviews with all applicants be set up for January 16 which was done. CONCLUSION AND RECOHHENDATIONS Mayor Otis has informed staff that Council wishes to .. ke the following appointments to the Building Code Review Co..tttee: General Contractor (large) · General Contractor (small) Wally Prebis, Colorado Prestress Asso. Ray Smith, Triple T Electric Electrical Contractor Dennis Kenny, lanny Electric Plumbing/Mechancial Contractor Art Chaput, Chaput Plumbing Architect Citizens Cork Osbourn, Cork Designs James T. Totton and Wayne Burget These appointments should be ratified at the January 21 .eeting • • I •