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Home My WebLink About1980-02-04 (Regular) Meeting Agenda- __fity Council Meeting -Regular __ February 4, 1980 • • • 0 - - • • • • • • CITY COUNCIL MEETING February 4, 1980 RESOLUTION~~~ 5, 6, 7, ORDINANCE I~ 3, 4, 5, 6, • 0 0 • I . - • ( • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO February 4, 1980 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on February 4, 1980, at 7:30p.m. /b Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Bryant, First Baptist Church, 3170 South Broadway. The pledge of allegiance was led by Boy Scout Troop #154. 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 Deputy City Clerk Watkins * * * * * * Council Member Keena noted a correction to the minutes of January 14, 1980, page 14, fourth paragraph, second sentence. Ms. Keena stated the sentence starting with "However" should be striken and replaced with ·~s. Keena pointed out that Ms. Gamble's testimony should be given as much consideration as Mr. Meyers's testimony." COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JANUARY 14, 1980, AS AMENDED. 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 • I • - • • • February 4, 1980 Page 2 • • • The Mayor declared the motion c a rried. * * * * * * City Manager McCown referred to page 16 of the minutes of the regular meeting of January 21, l9GO. Mr. McCown clarified the reception was being sponsored by both the First National Bank of Englewood and the Chamber of Commerce not the Chamber alone. Mr. McCown stated the minutes were, however, correct. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 21, 1980. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Member Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ~ * ~ * * * There were no pre-scheduled visitors on the agenda. * * * * * * Mayor Otis asked if there were any other visitors in the audience wishing to speak to Council. Ms. Pearl Albertstein, liaison to local governments for the Regional Transportation District, appeared before Coun- cil. Ms. Albertstein presented a status report on the Englewood Transit Center. Six or more sites had been evaluated resulting in the preferred RTD site in the block bounded by Acoma, Bannock, Floyd and Girard. After some conceptual studies were done on this site, RTD received a letter from Mayor James Taylor requesting that RTD postpone submission of preliminary plans and environment assessment pending a study of downtown development by the Engle- wood Downtown Development Authority. Therefore, RTD did not in- clude the Englewood Transit Center in its submittal for federal funding. In June, 1979, the EDDA asked RTD to examine anal- ternative site bounded by Girard, Bannock, Hampden and Dry Creek. After RTD made staff analysis and it was reviewed by the Board, it was determined that the proposed alternative was unacceptable because costs for land acquisition and relocation were prohibitive. The EDDA then asked that RTD examine the site immediately west of the first alternative which was bounded by Hampden, Bannock, Girard, Cherokee. As to date, RTD has not been able to complete analysis of this site • • '· I • - ( • • r • February 4, 1980 Page 3 ,. • • • Council Member Keena asked for a copy of the assess- ment of the RTD-preferred site. Council Member Neal asked about the timetable under which RTD was working. Ms. Albertstein stated applications for grants for four transit centers -Boulder, Arvada, Littleton, Northglenn -have been submitted. The grants for the other cen- ters would be submitted as well; however, the timing really de- pended upon with the federal government. Ms. Albertstein invited Council to attend a meeting on February 23, 1980 involving the Colorado Municipal League and the Colorado Counties Incorporated. The topic would be a light rail system. Ms. Albertstein stated she would be sending Council a letter informins them of the time and place. * * * * * * There were no other visitors to be heard. * * * * * * "Communications -No Action RecolliDended" on the agenda were: (a) (b) (c) Minutes of the Englewood Housing Authority meetings of December 19, 1979 and January 15. 1980. Minutes of the Englewood Downtown Develop- ment Authority meeting of January 23, 1980. Minutes of the Parks and Recreation Commis- sion meeting of January 10, 1980. COUNCIL MEMBER KEENA MOVED TO RECEIVE AGENDA ITEM - "COMMUNICATIONS -NO ACTION RECOMMENDED". Council Member Bilo seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • * * * * * * • I • - • • • February 4, 1980 Page 4 • • • Mayor Otis presented a Council Communication concerning review and approval of the Downtown Development Authority's 1980 budget and approval of the Executive Director's contract. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY'S BUDGET FOR 1980. Council Member Neal seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER FITZPATRICK MOVED TO DELAY ACCEPTANCE OF THE EXECUTIVE DIRECTOR'S CONTRACT UNTIL FURTHER CHANGES ARE MADE. Council Member Higday seconded the motion. Council Member Keena stated the delay was due to minor technical changes in the contract only. Upon a call of the 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. 2 SERIES OF 1980 * * * * * * BY AUTHORITY 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 TO PASS COUNCIL BILL NO. 3, SERIES OF 1980, ON FINAL READING. Council Member Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as follows: I • • • ( February 4, 1980 Page 5 Ayes : Nays: • • • Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1980-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 4 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING AND APPROVING AN AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO, AND THE CITY OF ENGLEWOOD, COLORADO, FOR THE TRANSFER OF REAL PROPERTY TO THE CITY OF ENGLEWOOD FOR CENTENNIAL PARK. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 4, SERIES OF 1980, ON FIRST READING. Council Member Keena seconded the motion. · Council Member Higday queried whether or not to approve the bill without further information on the County's intentions regarding this agreement. Council Member Neal suggested that the matter be put on the study session agenda prior to second reading. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Keena, Bradshaw, Otis. Council Members Higday, Bilo. The Mayor declared the motion carried. RESOLUTION NO. 3, SERIES OF 1980 * * * * * * RESOLUTION APPOINTING GERALDINE L. ALLAN, ESQ., ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO. I . - • • • February 4, 1980 Page 6 • • • COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 3, SERIES OF 1980. Council Member Bilo seconded the motion. Upon a call of the roll, the vote r e sulted as f ollows : Ayes : Nays : Council Members Hi gday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 4 SERIES OF 1980 * * * * * * A RESOLUTION DENYING THE APPLICATION OF K.P.L., INC. FOR A RETAIL LIQUOR STORE LICENSE WITHIN THE CITY OF ENGLEWOOD, COLORADO. City Attorney Berardini pointed out the misspelling of a witness's name. The resolution showed Archbarger, the proper spelling was Artzberger. COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO. 4, SERIES OF 1980. Council Member Higday seconded the motion. COUNCIL MEMBER NEAL MOVED TO AMEND THE RESOLUTION IN SECTION 5, BY DELETING THE PART "39 ... ISSUANCE" AND ADD "39 INDICATED THEY MAY HAVE PREVIOUSLY SIGNED THE PETITION, ALTHOUGH MR. SCOTT INDICATED THIS WAS UNLIKELY". Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Keena stated her reasons for not support- ing the resolution. Ms. Keena stated she believed Cinderella City was part of a regional neighborhood and as such served the regional neighborhood. Also, that King Soopers was a part of the complex and attracted f rom the regional neighborhood. It was stated at the hearing that since Cinderella City was built and attracting people into the City o f Englewood, no new liquor stores had been added. Ms. Keena stat e d she f elt the patrons of the center would util i ze the store and that i t would not be detrimental to existing traffic • I • - • • • • • • February 4, 1980 Page 7 patterns in the area. The regional neighborhood concept shows a legitimate need i n Cinderella City. Also, the survey made by Oedipus was the only scientific survey performed; therefore, the only reliable survey. If the two mile radius had been reduced, the results would be the same -the citizens of Englewood desire the approval of the liquor license for K.P.L. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. Council Member Keena. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a memorandum from his office concerning a lease extension agreement with Continental National Bank and Western Property Management Company for radio transmitting equipment atop the Continental National Bank Building. Mr. Berardini stated the memorandum as in response to Council's question regarding the $70 increase per year for leasing the space. Mr. Berardini stated the present owners of the bank building was Western Property Management Company and he had contacted them to reconsider the increase. Mr. Berardini stated he was waiting for a reply. COUNCIL MEMBER NEAL MOVED TO APPROVE THE EXTENSION OF THE LEASE AND TERMS CONTAINED IN THE LEASE AND AUTHORIZE THE MAYOR TO EXECUTE IT. 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, Bradshaw, Otis. Council Member Bilo. The Mayor declared the motion carried • Mayor Otis requested the City Attorney to continue his investigation in this matter and report back to Council as soon as possible. * * * * * * Mayor Otis declared a recess at 8 :45 p.m. The Council reconvened at 8 :55 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: I • • - • • • February 4, 1980 Page 8 • • • Council Members HiBday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent : None. The Mayor declared a quorum present. * * * * * * City Manager McCown presented Council Communication concerning Board and Commission appointments. COUNCIL MEMBER FITZPATRICK MOVED TO APPOINT THE FOLLOW-ING PEOPLE: JO ELLEN TURNER CAREER SERVICE BOARD 4 YEARS EARL LADEWIG RETIREMENT BOARD 4 YEARS MILLARD F. BOHLING RETIREMENT BOARD 4 YEARS MARTEN LATHROP RETIREMENT BOARD 2 YEARS CHESTER HALLAGIN ADJUSTMENT & APPEALS 4 YEARS JOHN KREILING ADJUSTMENT & APPEALS 4 YEARS WERNER SCHNACKENBERG WATER & SEWER 6 YEARS ED MCBRAYER PLANNING & ZONING 4 YEARS DONALD WILLIAMS PLANNING & ZONING 4 YEARS MILTON SENTI PLANNING & ZONING 4 YEARS DOYET J. BARBRE PLANNING & ZONING 1 YEAR W. F. PATTERSON ELECTION COMMISSION 4 YEARS ROBERT E. CURRIE LIBRARY BOARD 4 YEARS BRUCE HOGUE LIBRARY BOARD 4 YEARS JOE RATHBURN LIBRARY BOARD 4 YEARS HOWARD MORARIE, JR. LIBRARY BOARD 2 YEARS NORMAN KERSWELL LIBRARY BOARD 4 YEARS W. OLIVER KELLY URBAN RENEWAL 5 YEARS HART GILCHRIST URBAN RENEWAL 5 YEARS MELVIN MINNICK URBAN RENEWAL 5 YEARS Council Member Higday seconded the motion. COUNCIL MEMBER NEAL MOVED THAT MR. SENTI'S TERM COMMENCE EFFECTIVE MARCH 24, 1980 TO COMPLY WITH THE ONE YEAR RESIDENCY RE- QUIREMENT. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: • I . - ( • • • February 4, 1980 Page 9 Ayes : Nays: • • • Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: Council Members Hieday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis stated Council had a difficult time in select- ing appointees from the many qualified people they had interviewed. The people were placed on those boards and commissions where Council thought they were best suited. Mayor Otis stated a letter would be written notifying the citizens of their appointments as well as a letter to the other applicants thanking them for their response. Council Member Fitzpatrick stated the same criteria for not appointing a Council Member to the Planning and Zoning Commis- sion was the basis for not appointing a Council Member on the Li- brary Board. Council Member Keena stated the rationale used was meant to maximize citizen participation on boards and commissions. Ms. Keena noted all items proceed to Council for final action and if ther~ were any questions, Council could get involved at that time. COUNCIL MEMBER HIGDAY MOVED TO WRITE A LETTER TO THE LI- BRARY BOARD OUTLINING THE REASONS WHY A COUNCIL MEMBER WAS NOT AP- POINTED TO THE BOARD. 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. * * * * * * I • '.· - • • • February 4, 1980 Page 10 • • • City Manager McCown presented a Council Communication concerning a request for approval of an out-of-state trip for him to attend the 1980 ICMA Planning Committee. COUNCIL MEMBER BILO MOVED TO APPROVE THE OUT-OF-STATE TRIP FOR THE CITY MANAGER. Council Member Neal seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a Council Communication concerning the annual Fire and Police Training Programs for the City of Englewood. COUNCIL MEMBER BILO MOVED TO APPROVE THE TRAINING PRO- GRAMS FOR THE POLICE AND FIRE DEPARTMENT. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis asked Council to consider the request from Porter Memorial Hospital concerning bonds for a new office build- ing. Mr. Otis asked that the matter be put on the study session agenda for discussion as soon as possible • * * * * * * Council Member Keena brought up the matter of the problem of irregular attendance of members at board and commission meetings. COUNCIL MEMBER HIGDAY MOVED TO DIRECT CHAIRMEN OF THE BOARDS AND COMMISSIONS OF THE CITY OF ENGLEWOOD TO SET A POLICY THAT WOULD DISCOURAGE EXCESSIVE ABSENTEEISM AND REPORT THE SAME TO COUNCIL ON A QUARTERLY BASIS. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: I • - - • • • • • February 4, 1980 Page 11 9:30 p.m. Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at I . • • - • • - ROLL CALL M d S ove d d econ e A l.ye N ay Ab sent Ab t i s a n Higday Neal Fitzpatrick -Keena Bile Bradshaw Otis • I . • • - • • ------ ROLL CALL M d S ove d d econ e A lye N ay Ab a en t Ab t i s a n Higday t-- Ne al ,__ Fitzpatrick ,___ Keena ,___ Bilo ~ Bradshaw t-- Otis ......-- I . • - • . " • - ROLL CALL I Moved Seconded Aye Nay Absent Abstain Hi gda y -....--Neal -F'itzpatrick -Keena -Bilo -v-Bradshaw - Oti s - ;a_ -~/Y'-J. ~~ ~v-')0 ·&£ A~ s/~ ? ~ ~--- ~OJ~~~ • I . • - - I I- I 6 • Moved Sec d on ed . . ' ' Hig dav Ne al • • • ROLL CALL Aye Nay Absent .....-Fitzoatrick ,.._. Keena R11n Bradshaw Oti s - {).._ fa. .fJ 1 ~ ~-/t, 1-d- ./~ ( J6 !~ ( ~ Abstain 11';;7 I . • • - • • ROLL CALL Moved Seco d d n e Aye Nay Absent Abstain Hi gday Neal F itzoatrick Keena s1fn Bradshaw Oti s • • I . • • - • • - I ROLL CALL Moved Second d e Aye Nay Absent Abstain Hiii:-da y Neal F itzoatrick Keena B1lo Bradshaw Otis / ('/.) v-1 ) '"" I .uJ . .;I.. -~ t;,._i.J.s.._, 1 . C/1. ~ } /-ttU c3 //ia. ~ & ~ ..JJ.... -li,MN-~;a~ • -y ~n d bv ;r 'tv ;..._ t; <...L-l '-..- f . ..; 01_--'-t:' r71 .,..;' '2 -------------------- c2 -;;( 3 ·to (!_ /Y) )..., .!-~ C, :L ~ --.~' "' J ___,I ~o--~ ;(7<> ,t!. -r 0 . 0 "~'J-...k-..-aruo ''J-"""-'~ ~ _t qtJ-jU-J fo d ~"tvwu ~~ l_t nu.. (!_ /?) L ·._f --· __::::_ py: Ci-~..-~ pl--JJ e.~ y,.uz..; .--:!'· ~ ~y t( ~ a.t , ,_,u ~ ~ ;rit:L~tl Z. Yl~ 0 t ~&u. u --cU-v-cu. J-~ cJ 1..l 1 >tL &-"f. a.j lt-v • I . • - • • - ROLL CALL M d S ove d d econ e Aye N ay Absent A 1 bsta n Higday -Neal Fitzpatrick ,-Keena -1----Bilo -Bradshaw Otis - • • I . • • - • • - ROLL CALL Moved Seconded Absent Abstain • • I . • • • - • • - ROLL CALL Moved Seconded A]Je Nay Absent Abstain ..........-Higday r Neal \ v Fitzoatrlck Keena Bilo Bradshaw Otis • I . • • - • • - ROLL CALL Moved Seconded Aye Nay Absent Abstain Hi ~~: day - Neal " Fitzpatrick T Keena --..,. Bilo ' ., Bradshaw Otis T 7~ • • ~ I . • - - " • l • • • • ROLL CALL Moved Seconded Aye Nay Absent Abstain .,.,. ~L ~;--~~-; -:J-_A1t..~ r!.A u .,~ ---- Hi gaav Neal Fitzpatrick v Keena Biln Bradshaw Otis ~ < ){...I )n -v o0 ') l ~ ~a,l -u ~~~r ' --- ' 0 u .../ I.J C <--l '-~ /i / 1 1 I r ~ ~ u ...._.~, ~ ... ...-n ( ,·-< :,_~ --r < , ) i fJ .-1/f UJ 't.-·D ,; • / ~ (-"'J >l ' -/J --1/..r Pj>Jl_'.l '.~, ,<Jo I/').../ _<..JJ I • • - • • - ROLL CALL Moved Se d d con e Aye Nay Absent Abstain Higd ay Ne al Fitzpatrick Keena B1.lo Bradshaw Otis I I )-./)vt 7 1-'n(, ,, _,.€r a ,ur 'c..r"-•. '(.'"' L--' • ' .t /, {v _, (I ~ u t ~ •)( u .:, ;l J I / I >' J U 7 . '=t;tJ J- /..e-· I • I . • • - • • - ROLL CALL M ove d s d d econ e A 1ye N ay Ab sen t Ab t i s a n Higday -Neal Fitzpatrick Keena - Silo -Bradshaw Otis • • I • • • • - • • - ROLL CALL M oved s econded A \ye Nay Absent A i bsta n Hi~ day ' Neal / Fitzpatrick \. -Keena L--Bilo Bradshaw Otis • I . • • - • • - ROLL CALL Moved Seconded A)Je Nay Absent Abstain v-Higday Neal v-Fitzpatrick Keena Bilo Bradshaw Otis 1 .f ..} • • I . • -• • - ROLL CALL Moved Second ed Aye Nay Absent Abstain Higday \ v Neal \ Fitzpatrick I Keena B11o ,..--Bradshaw Otis ) . . ) lc:L ~t JJ, • I . • • - • • - ROLL CALL M oved s d d econ e A lye Nay Absent i Absta n Hi_g_d ay Neal Fitzpatrick Keena Bilo Bradshaw Oti s ) /))' -11 I I).) l j ' / f r "' /V 1!. -11'1 .U • eLi ,• ( u • I • • • - • :· I • - ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday - Neal Fitzpatrick -Keena - Bilo - Bradshaw - Otis - • I . • - - • • • • ROLL CALL Move d Seco d d n e Aye Nay a Hi~~:dav Nea l Fit:1;patrick Keena Biln Bradshaw Oti s -' ./ .I ', , r )) 1'.( _,I )'J /---' f -f I) U o j i1' ./ -' t~ I t/ ,[J V !_.,"' 7 _,< 1v M ~ J 7J 2 (;r J 40 /"J'-a ?l ay ~ Absent Abstain ...,...... .'o . I . • - • • - ROLL CALL Moved Seconded Aye Nay Absent Abstain v Hig day - v Neal Fitzpatrick - Keena - Bi.lo -Bradshaw - Otis - J-..;L I / • • I . • • - • • - ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday Neal Fitzpatrick Keena BJ.lo Bradshaw Otis ' I - • • I . • • • • • ROLL CALL M d S ove d d econ e A 1ye N ay A baen t Ab t i s a n Hi p;day ;..-- Neal v- Fitzpatrick ,__- Keena --Bilo v- Bradshaw --Otis ~ I . • • • - • • ~- J) • I £: I 1 , < ) I • / • I • • - -· • - ROLL CALL Moved Seconded ~e Na_y Absent Abstain Higday Neal Fitzpatrick Keena Bilo Bradshaw Otis UL- J · Y' . ' ' J I If _.,/ ; I ') t' )) {b X/~~~~~- --.- /I I (I l/ • • I . • • - • • - ROLL CALL Moved Seconded Aye Nay Absent Abstain Higday v-Neal Fitzpatrick L..,.--Keena Bilo l Bradshaw \ Otis I ---------------- • I . • • - • • . , - ROLL CALL M d S ove d d econ e A \ye N ay A bsen t A 1 bsta n Higday \ Neal ) Fitzpatrick { Keena ' Bilo J Bradshaw [ Otis • I . • • - - -----~ • • Moved Seconded ~ J""O .tJ v~ (._ u 0 { (:':' "Y 0. •...) J J • - • ,. I • ROLL CALL Aye Nay Absent Abstain Higday Neal Fitzoatrick Keena Bilo Bradshaw Otis ) 1 r - , _, t · J r- I . • ..,., ·I n • - • • - ---~-·-- ROLL CALL M d S ove d d econ e A lye N a ]I Ab sen t Ab t 1 s a n Hi_g_da__l_ Neal Fit~atrick Keena .JU..l.Q_ Bradshaw Otis ~ljf t1 7 t ck.-(t-e e ~ <--1_,_.. ..-) o ""-").' ~ ..r ~ / -.!) ) ,._p v ") 1. C,.2.._ .R. /) -' .... y../ /7 .t :; A I~&..:. 1.../. R ' ') :1 ,r;' au M n <..; f i_/l>k t" c.~ ,, C-<-Y-v 01 '1 .( ...u.--1 .u.J/& 1 f >I c_J _..,<. k:J c:?;;,:''-U ~ L1 1 -~ _./ cr j) ~~ J "){ ~ ~ ·- /_•J. .; . <.; v I /t-./ )G /~ /!)1 <...#......-u 1,_; • ,/'I / ( /) ""' ...__.. • I . • - - • • • M d S ove d d econ e ""' ..-- ~?'a v 1./ • • • ROLL CALL Aye N ay H1 g day " Neal Fitzpatrick / Keena \ 8110 \ Bradshaw I Otis I ' ' I "-._/{_ I_ L~ //. -;-7: ;13? ~-) ) t'-t (,.; !-'/ ' tY. ' (,"1 ~ t1 ( i I , ' l {) --: J Absent A 1 bsta n 7 -?$ ~ == 0 I-" (' I . • - • • - ROLL CAL L M d S ove d d econ e A ;.y e N ay A baen t Ab t 1 s a n Higday \ 1/ Nea l I F itzpatrick L Keena { v Bilo \ Bradshaw i Otis I ) • • I . • • • - • • - ROLL CALL M d S d d ove econ e ~e ay sen s a n H!..g_d~ A N Ab t Ab t 1 Neal Fitzpatrick _j ~ Keena I ~ Bilo I Bradshaw 1 Otis ( • • I . • • - • • --- ROLL CALL Moved Seconded Absent Abstain h~l· j. u_/1'.....- ~ '1 .1 · ~. ) l_ ' -+ -"'< ....... ~t 'l , ( ... '-/6 . > ') .. -:r . I , ) ( 1 / -r -tJ: )) n> ~-.; ' ,:.,. .J r " ) r I £/ ~I J/, / k " ( 2 )} ' ) ) /--'<,I :1 / I ~-::' ~t. ,.,., I 7 • -:r .( l I I-I -u l'-' ·rt >> ... ) .f '-' c ..... --- ;, ~ ,.t c. e..--0 ( I -c~L /c-_.,_ ..-t.l ~ ' ,, . l t J r ~ ;~ J_,J;, 4 ,t·( ~A· ? ... / ,c r _# .... {/ .....-;)I , ,, /'~ L <( n.::,e_. /J~ .._ n '-' ( -t /, ) ; , ... ; ' .._f L ~ • I • • - - • • • • • -~-- ROLL CALL Move d S ec ond d e Aye Nay Absent Abstain Higday Neal F itzpatrick Keena Biln Bradshaw Otis ~ ~ ~:r~-T~ ___.-{. a_ ~L ---r;_t ) '--i£< cti-&%'f u~Jpr~ ,ct..,n U: ..... e..- 7 LU £_ ?" (f£CL J1 ;i_ ....JCt J 1 t.."l ?(X_ · ----lu:uJ -_.,d l(./'0 p & :U.f-?z.u f /}?ia.~ ~~ .71~ • -a )l cL __( u/-. ~ ~ / .e.u. . ) 1 _g;) U -/2 ~b t: t::L< c'-"> 'f t; >' ~ 1-U-/...-t ,u _.T,~ _./7 /... t:- I . • - • '. • - ROLL CALL Moved S d d ec on e Aye Nay Absent Abstain ----H~da:v --.. Ne al I Fitzpatrick { Keena \ B11o I -Bradshaw I Otis c. ~ CAL {) /6 ..,;-c., v C."J ~ fJy r ;C) -~ ...r '--L, __) /J.f -t c c.-a_ r -~-~~ {.:~-~ l • • I . • - • .. • - ROLL CALL M d S ove d d econ e A lye Na y Abaen t Ab t i s a n ........ Higday Neal Fitzpatrick Keena Bilo Bradshaw Otis • I . • • - .. { ('--"t • IJ r~ • (l • 7 :30 P .M. 1. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL FEBRUARY 4, 1980 ~?a,JCall to order, invocation by Reverend Ii• i•i&h 1 •aaeeia&e Peeler, First Baptist Church, 3170 South Broadway, pledge of allegiance by Boy Scout Troop #154, and roll call. Minutes . 2 1 1 '"t-~a) !1inutes of the special meeting of January 14, tl-,., ... 1980. ~r I'J...J 2. 3. 4 . 5. / (Copies enclosed.) ~(b) Minutes of the regular meeting of January 21, 1980. (Copies enclosed.) Pre-Scheduled Visitors. Other Visitors. Public Hearing . Communications -No Action Recommended. (a) Minutes of the Englewood Housing Authority meetings of December 19, 1979 and January 15, 1980 . (Copies enclosed.) (b) Minutes of the Englewood Downtown Development Authority meeting of January 23, 1980. (Copies enclosed.) (c) Minutes of the Parks and Recreation Commission meeting of January 10 , 1980 . (Copies enclosed .) • I • - c. • • • • • • Page 2 February 4, 1980 Agenda 6 . Communications -Action Recommended. f q (0 "t. • , o-8<-J s,.fa) "u • Council Communication concerning review and approval of the Downtown Development Authority's 1980 budget and approval of the Executive Director's contract . (Copies enclosed.) -1*• u-./..( )-rrJ :;,tV -.. a.~ 7. (!.,.8.4- City Attorney . Ordinance on Final Reading. (a) Ordinance vacating a certain alley lying between South Acoma and South Bannock Streets, north of West Jefferson Avenue and retaining an easement therein . (Copies enclosed .) Bill for an Ordinance. (b) Bill amending and approving an agreement between the Board of County Commissioners of Arapahoe County, Colorado, and the City of Englewood, Colorado, for the transfer of real property to the City of Englewood for Centennial Park. (Copies enclosed.) Resolution. (c) Resolution appointing Geraldine L. Allan, Esq., Associate Municipal Judge for the City of Englewood, Colorado . (Copies enclosed .) (d) Resolution concerning the application of KPL, Inc ., for a retail liquor store license to be located in the King Sooper Building at 701 West Hampden Avenue, Englewood, Colorado. (Copies available at meeting .) Other Ma t ters . (e) (f) Memorandum from the City Attorney to Mayor and Members of City Council concerning a Lease Extension Agreement with Continental National Bank and Western Property Management Company . (Copies enclosed.) Attorney's Choice . • I • - - . . • • • • • • Page 3 February 4, 1980 Agenda 8 . City Manager . (b) Council Communication concerning Board and Commission appointments . (Council Communica- tion and Recommendation from Englewood Public Library Board enclosed.) Council Communication from the City Manager concerning approval of an out-of-state trip for the City Manager to attend the 1980 ICMA Planning Committee. (Copies enclosed.) (c) Council Communication concerning the annual Fire and Police Training Program. (Copies enclosed.) (d) Manager's Choice. 9. General Discussion. (a) Mayor's Choice. (b) Council Member's Choice. 10. Adjournment . • , I • • - (_ • • SPECIAL MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 14, 1980 fa.., Th e City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on January 14, 1980, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas Fitzpatrick. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call . Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present . Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Johannisson Deputy City Clerk Watkins * * * * * * Mayor Otis stated the purpose of the meeting was to hold a public hearing to consider a beer and wine license appli- cation from Franz Hummel Delicatessen, Inc. , 701 West Hampden Avenue; and a public hearing to consider a retail liquor store license application from KPL, Inc., to be located in the King Sooper building at 701 West Hampden Avenue. **''''"** COUNCIL MEMBER NEAL K>VED TO OPEN THE PUBLIC HEARING TO CONSIDER A BEER AND WINE LICENSE APPLICATION FROM FRANZ HUMMEL DELICATESSEN, INC ., 701 WEST HAMPDEN AVENUE. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • I • - • January 14, 1980 Page 2 Na y s : None. • • • The Ma yo r dec l ared the motion c arried. City Manager McCown stated he was in receipt of a letter from Mr. John Criswel l , attorney representing Mr. Hummel, request-ing postponement. Mr. John Criswell , Criswell & Patterson, 3780 South Broad- way, appeared before Council. Mr. Criswell stated his request was based on the fact that Mr. Hummel's DOther had died necessitating that Mr. Hummel leave the country not to return until late January. Mr. Criswell requested postponement until the middle of February and acknowledged that it would be necessary to repost the premises with the new date. COUNCIL MEMBER BILO K>VED TO POSTPONE THE PUBLIC HEARING ON THE BEER AND WINE LICENSE APPLICATION FROM FRANZ HUMMEL DELICA- TESSEN, INC., 701 WEST HAMPDEN AVENUE, UNTIL FEBRUARY 25, 1980, AT 7 :30 P.M. 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. OOUNCIL MEMBER NEAL M>VED TO CLOSE THE PUBLIC HEARING. 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 OPEN THE PUBLIC HEAR- ING TO CONSIDER A RETAIL LIQUOR STORE LICENSE APPLICATION FROM KPL, INC., TO BE LOCATED IN THE KING SOOPER BUILDING AT 701 WEST HAMPDEN AVENUE. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • • d I • - ( • • • • • • January 14, 1980 Page 3 Nays : None. The Mayor declared the motion carried. Mayor Otis stated the groundrules outlined under 1-7-7 through 1-7-10 of the 1969 Englewood Municipal Code were the ones to which the hearing would be adhered. Deputy City Clerk Johannisson appeared before Council and under oath presented the application file for KPL, Inc. which contained the follo~ing: 1. State of Colorado Form DRL404 2. Notice of Public Hearing published in the Engle~ood Sentinel on December 12, 1979 3. Letter required under the Colorado Liquor Code to the applicant sent on January 7, 1980 4. Personal histories of the corporate officers and the major stockholders 5. 6. 7. 8. 9. 10. 11. 12. Letters of reference for the corporate officers and the major stockholders Corporate documents which include the certificate of incorporation showing that KPL, Inc. , is author- ized to do business in the State of Colorado, the articles of incorporation and the minutes of the corporate meeting electing the officers Samples of stock certificate Lease for the building showing that they have right of occupancy Plan of the building showing the layout of the pre- mi ses Letter from Community Development Department stat- ing that the proposed use falls within the zoning use Financial affidavit from the applicant A map sho~ing the two mile radius which was establish- ed by City Council defining the neighborhood. The red line shows the proposed location at 701 West I • • - • • January 14, 1980 Page 4 • • • Hampden Av enue. The b l ue arrows show the retail liquor stores which are i n the neighborhood. 13. A report from Oedipus, Inc. and the petitions which were submitted by Oedipus , Inc., showing the results of the survey of the neighborhood which they com-- pleted. Deputy City Clerk Johannisson stated the application file would be shown as City Exhibit A; the report from Oedipus, Inc., as City Exhibit B; and the petitions from Oedipus, Inc., as City Exhibit C (1) through (5). Mr. John Criswell, Criswell & Patterson, 3780 South Broadway, appeared before Council and questioned Mr. Johannisson whether or not he was able to obtain original dates of applica- tion for four liquor stores in the immediate area. Mr. Johannisson stated he had not been able to obtain the dates. Mr. Alan Dill, Home & Dill, attorney representing Mr. Ron Parness owner of Glass Bottle Liquors a protestant in the mat- ter, appeared before Council and que.stioned Mr. Johannisson whether or not any preliminary reports or recommendations were tendered to the Council by any City agency or City employee prior to the hear- ing. Mr. Johannisson stated to the best of his knowledge there were none. Mr. Max Scott, Oedipus, Inc., 1200 Pearl, Boulder, Colorado, appeared before Council and presented testimony re- lating to his survey and its results in the matter of the liquor license application for KPL , Inc. Mr. Scott stated he was under contract with the City of Englewood to conduct a unbiased survey for the purposes of determining what the needs and desires of the defined neighborhood were in regard to the subject liquor license application. Mr. Scott stated the results show 55.717. of the people contacted ind i cated the needs were not being met, and 44.297. of the people contacted indicated the needs were being met. In response to Mr. Criswell's questions, Mr. Scott stated he l imited his survey to residents living or maintaining businesses i n the area which were the terms of his contract with the City; and it was possible these people were also patrons of the center. In response to Mr. Dill's questions, Mr. Scott pointed out to Council the areas that were closest to the location indicating a low degree of acceptance for the application. Mr. Criswell objected to the questioning of Mr. Scott from Mr. Dill regarding the degree of acceptance as well as the ( acceptance factors of other licenses for which Mr. Scott had per- formed surveys. Mr. Criswell stated the main concern was sub- ject application. • I • - ( • • c • January 14, 1980 Page 5 • • • COUNCIL MEMBER FITZPATRI CK MOVED TO ALLOW MR . DILL TO FURTHER QUESTION MR. SCOTT ON THE DEGREE OF ACCEPTANCE OF THIS APPLICATION. Counci 1 f-1ember 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 . Mr . Dill asked f-tr . Scott if this particular petition circulating effort reflected the lowest degree of acceptance that he has had in the last year in the City of Englewoo d . Mr. Scott responded in the affirmative, adding the results were very con - servative. Mr . Scott stated the results are the lowest he has had from the applicant's standpoint . Mayor Otis asked for the applicant's presentation . Mr. John Criswell, 3780 South Broadway, attorney for () KPL, Inc ., appeared before Council . Mr . Criswell discussed the factors outlined in the liquor code for and under which Council can determine the approval or denial of a liquor license appli - cation . Those being the reasonable requirements of the neigh - borhood (needs), the desires of the inhabitants of the neigh - borhood and any other pertinent information affecting the quali - fications of the applicant . Mr . Criswell submitted Applicant's Exhibit I -Notice of Posting; Applicant's Exhibit II -Lease Agreement, and Appli- cant's Exhibit III-Layout of Premises . Mr. Criswell called Mr . Bill Alpert to testify. Mr. Bill Alpert, 65 West 55th Street, New York, New York, appeared before Council . Under direct questioning from t-tr. Criswell, Mr. Alpert testified he was an attorney practic - ing in New York, one of the owners of Cinderella City, and gave general background of his ownership, Capital Alliance. Mr. Alpert also provided testimony on his bus iness association with Mr . Arnold Kimmel, the applicant. Mr . Alpert stated he felt there was a need at the center to provide services to s hopping for foo d as well as liquor. Under cross-examination from Mr . Dill, Mr. Alpert stated Mr. Kimmel would probably operate and set policy for the store through a hired manager, but remain in New York . • I • - 0 • • January 14, 1 980 Page 6 • • • Mr. Criswell called Mr. Artzberger to testify. Mr. James Artzberger, 6552 South Vann , Jefferson County, Manager of Cinderella City, appeared before Council. Under direct questioning from Mr. Criswell , Mr. Artzberger provided testimony on his business background and began to present general character- istics of the center, its activity, market area, and description of neighborhood location. Mr. Dill objected to the testimony concerning the de- scription of the neighborhood and market on the basis the informa-tion was irrelevant. COUNCIL MEMBER KEENA MOVED TO ALLOW TESTIMONY FROM MR. ARTZBERGER CONCERNING THE MARKET AREA. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mr. Artzberger continued his testimony describing the market area of Cinderella City as being about 15 miles serving approximately 400,000 -450,000 people. Mr. Artzberger stated the management was trying to give the center a "one-stop shop- ping" concept since it already had nrultiple services ; and it was unusual for a center its size not to have a liquor store. Mr. Criswell submitted Applicant's Exhibit IV -survey o f various shopping centers in the Denver me t ropolitan area to determine whether or not there existed l i quor stores in these centers. Mr. Dill obj ected to the exhibit on the bas i s that the area for consideration was not the major metropolitan area rather it was the designated neighborhood and the exhibit was immaterial. COUNCIL MEMBER HIGDAY MOVED TO DISALLOW THE QUESTIONING AS IT RELATED TO OTHER SHOPPING CENTERS. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Bradshaw. Council Members Keena, Bilo, Otis. • 0 I • - • • • • January 14, 1980 Page 7 • • • The Mayor declared the motion carried. Mr. Criswell submitted Applicant's Exhibit XVII - a map of present store locations. Under further direct question- ing from Mr. Criswell, Mr. Artzberger stated these stores did not presently meet the needs of the resident and non-residents of the shopping center because they were difficult to get to. The applicant's location would be in Cinderella City and would be easy to frequent by their customers who shop at the center. Mr. Dill objected to Mr.Artzbcrgcr's use of reference to "their customers" as though he were speaking on their behalf. Mr. Dill stated such testimony was hearsay and it concerned pa- trons of the center. Mr. Dill asked the Council to disregard it. Mr. Criswell stated by the fact that some of the wit- nesses were residents and/or managers of businesses in the area, they had the ri gh t to express what the needs of the neighbor-hood were. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE TESTI- MONY AND WEIGH IT ACCORDINGLY WHEN THE DECISION WAS TO BE MADE. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ay e s : Nays : Council Members Hi~day, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mr. Art zberger continued his testimony concerning market assessment of the center stating management planned to stock eve ry possible category of goods at the center in order to provide the "one-stop shopping" concept. Under cross-examination from Mr. Dill, Mr. Artzberger stated he had had no di ff iculty in purchasing liquor in any of the stores in the neighborhood in which he had been. Mayor Otis declared a recess at 9 :35 p.m. The Council reconvened at 9:50 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. • I • • - • • • January 14, 1980 Page 8 • • • Mayor Otis declared a quorum present. Mr. Dill noted there were many people in attendance who were protesting the application and who were unrepresented in the case. Mr. Dill offered to defer his protestant's case until these people could appear before Council and be heard. Mr. Criswell stated he had no objections once he finished the applicant's presentation. COUNCIL MEMBER FITZPATRICK MOVED TO FOLLOW THE PRO- CEDURE AGREED UPON BY THE ATTORNEYS. Council Member Keena sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mr. Criswell called Mr. Jay Gould to testify. Mr. Jay Gould, Manager of Joslins store at Cinderella City, appeared before Council. Under direct questioning from Mr. Criswell, Mr. Gould testified that he was president of the mer- chant association at the center and the association was in favor of the liquor license for KPL, Inc. being granted. Mr. Dill objected to Mr. Gould's testimony on the basis that the merchant association was not an interested party, Mr. Criswell stated Mr. Gould was a petition circulator that was aware of the views expressed by other persons who were owners or managers of stores in the neighborhood. Mr. Dill stated it was improper that the association express needs of the neighborhood; however, if Mr. Gould circu- lated a petition among them then it was not improper and he would not object to submission of the results of the petitions. City Attorney Berardini advise Council that a presi- dent of an association was very much like a petition cirulator in what the managers and business owners of the center were say-ing. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE TESTIMONY FROM MR. JAY GOULD AS PRESIDENT OF THE MERCHANTS ASSOCIATION. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council ~embers Hi2dav,0 Neal, Fitzpatrick, Keena, BLlo, Bradsnaw-, tLs • • I • - • • • • • • January 14, 1980 Page 9 Nays: None. The Mayor declared the motion carried. Mr. Criswell stated Mr. Gould's testimony on the favor- able position for the issuance of the license had been noted. Under cross-examination from Mr. Dill, Mr. Gould stated he had not had any difficulty purchasing liquor in any of the surrounding liquor stores in which he had been. Council gave Mr. Gould permission to leave the hearing. Mr. Criswell called Mr. Lee Morrison to testify. Mr. Lee Morrison, 65 Tejon, Denver, appeared before Council. Under direct questioning, Mr. Morrison testified that he was the Market Anaysis representing King Soopers, that King Soopers had taken a neutral position in the matter, and if the license was granted and they were not able to get the space it would have no bearing on whether or not they remained. Mr. Criswell stated he had contracted two petition circulators. One was Dee Richardson, who petitioned business owners or operators primarily of Cinderella City, residents within the area who were patronizing Cinderella City, and pa- trons of Cinderella City but were not residents of the area. The results were compiled in two reports -one in October and one done afterwards. The other circulator was Investigative Services, Inc. who circulated petitions -residents and patrons prior to October hea ring. Mr. Criswell submitted the following items as evidence: 1. Applicant's Exhibit VI -the original October report 2. Applicant's Exhibit VII -petition of business owners 3. Applicant's Exhibit VIII -October petition of residents 4. Applicant's Exhibit IX -October petition of non-resi- dent patrons 5. Applicant's Exhibit X -Ms. Richardson's report on the post-October circulation 6. Applic ant 's Exhibit XI -post October petition of re- sidents 7. Applicant's Exhibit XII -post October petition o f non- resident patrons 8. Applicant's Exhibit XIII -report from Investigative Services, Inc . 9. App lie. ant's Exhibit XIV -residents petition from In- vcstigative Services, Inc • • I • • - • • • • • • January 14, 1980 Page 10 10. Applicant's Exhibit XV -patrons petition from In- vestigative Services, Inc. 11. Applicant's Exhibit XVI -results from Mr. Criswell. Mr. Dill received copies of the summary sheet and waived the necessity of any legal foundation with respect as to whether or not Council should consider patrons and reserved argument. Mr. Criswell dismissed the circulators. Mr. Criswell called Mr. Arnold Kimmel, the applicant, to testify. Mr. Arnold Kimmel, 65 W. 55th Street, New York, New York, appeared before Council. Under direct questioning from Mr. Criswell, Mr. Kimmel gave testimony regarding his business background, reasons why he was applying for a liquor license, and general information concerning proposed plans in operating the store. Mr. Kimmel presented samples of the proposed ex- terior and interior design of the store, the proposed types of materials to be used, and a ceiling-view drawing of the floor plan. Mr. Kimmel stated he would remain in Denver until he hired a manager for the store who would then manage it on a day to day basis. Under cross-examination from Mr. Dill, Mr. Kimmel stated he did not have any direct or indirect connection with a liquor store; however, he was involved in fast food and restaurant es- tablishments that sold beer and wine, and liquor by the drink. Mr. Kimmel stated of those liquor stores which he visited when he was in Englewood several months ago, he did not observe any- one having difficulty purchasing liquor. Mr. Kimmel stated he had no knowledge as whether or not the stores presently met the needs of the people. Under cross-examination from Mr. Richard Burrman, associ- ate of Hr. Dill's, and attorney representing a protestant, Mr. Kimmel stated he was aware that there was no provision or condi- tion in the lease for termination in the event he did not obtain the license. Mr. Kimmel stated he had no other plans at the pre- sent time even though it was his full responsibility to do with the space as he chose. In response to Council Member's Fitzpatrick's question, Mr. Kimmel stated he would be visiting the store as often as neces- sary and that the manager would report to him in a regular basis • Mr. Criswell stated he had no further witnesses at this time. • I • - • • • ' • January 14, 1980 Page 11 • • • Mayor Otis asked if anyone in the audience wished to speak in favor of the liquor license application. Mr. Bob Schup, 1270 Eudora, Denver, appeared before Council and began to give testimony as a patron of the center. Mr. Dill objected to the testimony in that Mr. Schup was not a resident or business manager in Englewood. COUNCIL MEMBER HIGDAY MOVED TO DISALLOW THE TESTIMONY. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Bradshaw, Otis. Council Members Keena, Bilo. The Mayor declared the motion carried. Kip Baker, 7184 West Waldon Drive, Littleton, assistant manager of La Rondevous Cafe in Cinderella City, appeared before Council and began to give testimony in favor of the application. Mr. Dill objected to Mr. Baker's testimony on the basis that he was the assistant manager and not the manager which would be disallowed testimony under the statute. COUNCIL MEMBER HIGDAY MOVED TO ALLOW TESTIMONY FROM MR. BAKER. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Member Neal. Council Members Higday, Fitzpatrick, Keena, Bradshaw, Bilo, Otis • The Mayor declared the motion de f eated. Mr. William Meyers, 3860 South Bannock, employee for Cind e rella City, appeared before Council and offered testimony in favor of the application. Mr. Dill objected to Mr. Meyers's testimony after cross-examination on the grounds that Mr. Meyers's testimony related to the economic well-being of the center and such a factor can not be tested at this hearing. • I • • - • January 14, 1980 Page 12 ,. • • • COUNCIL MEMBER BILO MOVED TO ACCEPT THE TESTIMONY OF MR. MEYERS. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Keena. Council Members Higday, Bilo, Bradshaw, Otis. The Mayor declared the motion defeated. There were no other people wishing to speak in favor of the application. Mayor Otis asked if there was anyone wishing to speak against the application. Deputy Clerk Watkins stated the City Clerk's office was in receipt of a letter from James H. Lucero in opposition. Mr. Criswell objected to entering the letter into evi- dence because the letter was written on the presumption that King Soopers would leave if the license was granted and testimony prov- ed this not to be the case. COUNCIL MEMBER NEAL MOVED THAT MR. LUCERO'S LETTER BE STRICKEN FROM THE RECORD. Council Member Keena seconded the mo- tion. Upon a call of the roll , the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mr. Dill, in accordance with previously agreed upon for- mat, deferred presentation of his case until the unrepresented citizens had been heard. Mr. Dill asked the group to appoint a spokesperson for the purpose of relaying to Council their opposition. In addition, Mr. Dill asked for those people in opposition to stand. Approximately 30 people stood up. Mr. Burrman, attorney representing a citizen in pro- test, called his client to appear first. Mr. Frank Coberly, 3835 South Grant, appeared before Council and provided testimony under the direct questioning of • I • - • • • • January 14, 1980 Pag e 13 • • • Mr. Burrman in opposition to t he liq u or lic e ns e on the basis th e re wer e enoug h liquor o ut le t s in t he ar e a at the pre sent time . Under cross-examinat i on f rom Mr. Criswe ll, Mr. Coberl y stated he had pr e viously worked f or Gl a ss Bo ttle Liquors but was appearing on his own behalf in this ma tte r. Mr. Wayne Burget, 4108 South Inca, appeared be f ore Coun- cil and gave t e stimony against the appl i cation on the grounds t h at Englewood did not need another liquor store for bottled l iquors. Mr. Burget stated he had not e x perienc e d any difficulty in purc has- ing liquor in stores presently locat e d in the surrounding area. Mr. Ed Cordova, 3382 South Florence Court, Denver, owner of Flash Tailor Formals, 3424 South Broadway, appeared before Coun- cil and gave testimony against the application. Mr. Cordova stated he had previously owned a liquor store. Mr. Cordova stated there was an adequate supply of liquor stores and some have gone bank- rupt. Mr. Cordova state d he was member of the Chamber of Commerce task force attempting to revitalize downtown Englewood ; and the proposed new liquor store would negate their efforts by drawing more people to Cinderella City. Mr. Cordova stated he had not experienced any difficulty in purchasing liquor in stores pre- sently located in the surrounding area. Under cross-examination f rom Mr. Criswell, Mr. Cordova stated the stores that went bankrupt we r e Cherrelyn Drug Store and Drug Fair and he did not know if the b a nkruptcy was directly related to liquor sales. Mrs. Isabella Kni g ht, 3021 South Lincoln, appeared be- fore Council and g a ve t e stimony in opposition to the application. Mrs. Knight stat e d ther e were enough liquor stores in Englewood and she felt "one-stop shopping" would not work because she would drive h e r car from pro pos e d location over to the center to finish her shopping . Mrs. Kni g ht stated she had not experienced any dif- fi culty i n purchas i n g liquor in stores presently located in the sur- rounding ar e a • Ms. De e Phe lps, 4500 South Cherok e e, appeared before Council and gave testimony against the application on the grounds that a l a rge liquor store would put the small stores out of busi- ness. Ms. Ph e lps stat e d she had not experienced any di f ficulty i n purchasing liquor i n stores presently located in the surround- i ng area. Mr. Leo Wed l ow, 4 166 South Sherman , appeared before Council and gave t e s t imony against the application on the basis there we r e enoug h l iquor s tores in Englewood at the present time. Mr. Wedlow state d h e had not experienced any difficulty in purchas- ing liquor in sto r es pre s e ntly located in the surrounding area • • I • - • January 14, 1980 Page 14 • • - Mrs. Beverlee Howe , 3255 South De laware, appeared before Council and gave testimony against the application on the grounds there were enoug h liquor store s in En gl ewood at the present time. Ms. Howe stated she had not experienc e d any difficulty in purchas- ing liquor in any of the surrounding liquor outlets. Mr. Wayne Burget, 4108 South Inca , appeared before Council again and stated he would like to see King Soopers ex-pand its present facilities. Mrs. Sheila Gamble, employee o f Glass Bottle Liquors, appeared before Council and gave testimony against the appli- cation. Mrs. Gamble stated a liquor store should not be next to a grocery store because of the type of clientele that shop at a liquor store. Council Member Keena discussed striking Ms. Gamble 's testmony on the same grounds (type of employment) as was Mr. Meyers's given earlier and subsequently striken. However, Ms. Keena recognized that Ms. Gamble addressed pertinent issues whereas Mr. Meyers's did not and that was why his (Mr. Meyers's) testimony was striken. The following protestants were administered the oath collectively by the Deputy Clerk and came before Council to give their names and addresses to go on record in protest of the appli-cation: SIGNED OWNER/ WRITTEN ~ ~DDRES~ RESIDENT PETITION Betty Acker 3140 s. Delaware Resident Unknown Paul Wertz 3428 s. Corona Resident Unknown Merle Koon 3434 s. Broadway Owner Unknown Judy Coberly 3835 s. Hazel Ct. Res i dent Yes C. Wakefield 3100 s. Delaware Resident No Tim Wakefield 3100 s. De laware Resident No Lela Jamieson 3202 s. Cherok e e Res i dent No Mrs.M.Summers 3140 s. Delaware Resident Yes Ruddy Tisch 7032 s. Franklin, Litt. Owner Yes Anita Tisch 7032 s. Franklin, Litt. Owner Unknown Ivan Deal 3353 s. Santa Fe Owner Yes Richard Potts 4480 s. Washington Resident Yes K. Wooderstrom 3850 s. Sherman Resident No Frank DeHoff 3195 s. Delaware Resident No P. Cordova 3424 s. Broadway Owner Yes Joe Blusha 135 E. Harvard, Den. Resident No Debbie Blusha 135 E. Harvard, Den. Resident No (Residence for Blushas is within designated neighborhood) • I • - • January 14, 1980 Page 15 NAME ADDRESS ---- K. Green 3275 s. Amelia Lopez 3265 s. Manual Lopez 3265 s. Vern Dodson 3262 s. Glen Dodson 3262 s. Pat Trujillo 4752 s. Elmer Bt.m~quest 2895 s. • • • Delaware Delaware Delaware Delaware Delaware Logan Broadway OWNER/ RESIDENT Resident Resident Resident Resident Resident Resident Owner SIGNED WRITTEN PETITION ----- No No No Unknown Unknown Yes Unknown In response to questioning from Mr. Dill, each protestant stated he or she had not experienced any difficulty in purchasing liquor in any of the surrounding outlets. Mr. Dill presented his client's case in protest of the application. Mr. Dill submitted petitions -Protestant's Exhibit A-containing approximately 3,100 signatures against the appli- cation. In response to Mr. Criswell's question, Mr. Dill did not deny some of the signatures may be non-residents. Mayor Otis declared a recess at 12 :05 a.m. The Council reconvened at 12 :15 a.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. Mr. Dill called Mr. Robert Mcintyre to testify. Mr. Robert Mcintyre, 3140 S. Dahlia, owner of Old Town Liquors, appeared before Council. Under direct questioning from Mr. Dill, Mr. Mcintyre gave testimony in that he stated there was an adequate number of liquor stores in Englewood at the present time. Mr. Mcintyre went on further to state he knew of no substantial growth in the area to require another packaged liquor store, there- fore the needs were being met and did not desire to see the license granted. Mr. Mcintyre added the proposed liquor store would en- hance competition and result in loss of revenue for the smaller stores. Under cross-examination from Mr. Criswell, Mr. Mcintyre stated his customers came from different areas and not just Engle- wood alone. Also, he did not know what effect the proposed liquor store would have on his business alone • • I • - • • • • • January 14, 1980 Page 16 In r e sponse to City Attorney Berardin i 's quest i on , Mr. Mcintyre state d the relocation of his store , Old Town Liq uors , to South Downing a nd Hampden would be in the two mi le radius o f what was the d e signat e d neighborhood. Mr. Dill called Mr. Ron Parness to testify. Mr. Ron Parness, owner of Glass Bottle Liquors, 336 W. Hampden, appeared before Council. Under direct questioning from Mr. Dill, Mr. Parness gave testimony that Glass Bottle Liquors had been established in Englewood for over 20 years and moved to its present location in 1968. Mr. Parness stated he was planning to expand his business by moving to a different location. Mr. Parness stated he had no difficulty in purchasing liquor in other outlets and there had been no substantial growth in the area to justify another liquor store. Mr. Parness stated he did not de- sire the license to be granted. Mr. Dill submitted Protestant Exhibit B - a map of the area and surrounding liquor outlets. Under cross-examination from Mr. Criswell, Mr. Parness agreed that the proposed location for the applicant was ideal; however, he felt there were too many outlets in the area at the present time. There was no further testimony to be given by either side. Council Member Neal asked City Attorney Berardini to provide case law on whether or not the liquor licensing authority can consider competition as a factor in determining the approval or denial of a liquor license. Mr. Criswell gave closing remarks. Mr. Criswell requested that Council consider the criteria he presented earlier -needs and desires of the neighborhood. Also, to consider the needs of the people who shop at Cinderella City but may not be residents of City. The existing outlets have already established clientele. Mr. Criswell concluded that the proposed store would not provide that much competi- tion for the smaller stores. Mr. Dill gave closing remarks. Mr. Dill stated the peti- tions reflect 3 to 1 against and he urged Council not to consider the petitions of patrons. Mr. Dill stated he had proven there were enough liquor stores in the area and that no one had had difficulty purchasing packaged liquors. Mr. Dill concluded the needs and desires of the neighborhood were presently being met and requested that Council deny the license • • I - - • ' • • • January 14, 1980 Page 17 30 days. Mayor Otis stated Council would make a decision within COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: 1:10 a.m • Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER FITZPATRICK MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at • I • • - • • ( • REGULAR MEETING : • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 21 . 1980 lb The Ci ty Council o f 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 invocat i on 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 #765 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 REGULAR MEETING OF JANUARY 7, 1980 • seconded the motion. Upon a call of as follows: TO APPROVE THE MINUTES OF THE Council Member Fitzpatrick the roll, the vote resulted 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 tak e 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 thou~ht 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. Higda.y 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 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 • - • • • t • 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 adopt e d 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 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 • • - • c • • ( • 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 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 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 • - - t • • • 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 • • - • • ( • • • • MINUTES OF ENGLEWOOD HOUSING AUTHORITY REGULAR MEETING December 19, 1979 5 A The regular meeting of the Englewood Housing Authority was called to order by Chairman Thomas J. Burns at 5 :20 P.M. at the Simon Center, 3333 South Lincoln, Englewood, Colorado. Roll Call Members Present : Thomas J. Burns, Chairman Betty Beier , Vice-Chairman David B. Clayton Members Absent : Others Present: Cindy Peterson Rev. J. Stanley Fixter Mike Reddy, Executive Director, Housing Toni Morris, Associate Housing Coordinator Recording Secretary Reading and Approval of Minutes The minutes of the regula r me eting o f November 28, 1979 were considered for approval . The following changes were re COBDende d: Page 4-un der "Si~n Center Ma na ge r Contract", change the word "position" to "decision". Paqe 4 -under "Si~ C.nter Nanaqe r Contract", delete "to what ey want cSone" and a dd "limited to giving policy direction o the Executive Director. DAVE CLAYTON MOVED AND CINDY PETEJlSOII SEC<*D£0 THE MO'l'ION TO APPROVE THE MINUTES OF NOVEMBER 28 , 1979 AS AMEIIDED. THE MO'l'ION CARRIED AS FOLLOWS: Section 8 Existing Report AY ES: NAYS : THOMAS J. BUIIN S BETTY BEIER DAVE CLAYTON CINDY PETERSON NONE ABSENT: REV. STAN FIXTER Mr . Reddy stated that we had 96 leases as of last month's report. We now have 94 leases. Mr. Reddy stated that the reason for this is due to the added work being done in the Rehab Program . Ms . Morris has been putting her emphasis mainly on the Rehab Program and works on Section 8 as t i me permits. Mr. Reddy stated that we are trying to maintain the Section 8 Program at 95 leases or above • • I • - • • • • Mr. Reddy stated that Ms. Morris and he have been interviewing CETA interns for ~ position in the Housing Division. This person would be on a six month contract with a renewable clause; that is, this person could be rehired for an additional six months. Mr. Reddy stated that this indivi oual will be working with the Section 8 Program getting the files in order and purging the waiting list on both Section 8 Existing and New Construction to see if the people on these lists are still interested in housing assistance . Mr. Reddy stated that the purging of these lists will help us lease up the apart- ments in Simon Center as we have had difficulty getting some units leased up lately due to finding people on the list who are no longer interested. Mr. Reddy stated that after this CETA intern is through purging the waiting lists, he/she will work with Ms. Morris in the administrative capacity of the Section 8 Program to ensure that the program is operating efficiently. Mr. Reddy stated that having this CETA person will indicate if we need a full-time position to administer Section 8. We hope to have this person o n staff b y next Wednesday. Ms. Morris stated that we are now writing the people on the Simon Center waiting list (10 people at a time) ahead of time to see if they are still interested. She stated that this enables the people to start thinking about the possibility of moving so it doesn't come as a total surprise to them when they are called to move into an apartment. Ms. Morris stated that it takes approximately six weeks to process applications. Since we have been contacting 10 people at a time and processing their applications, we will be able to move someone in the available apartment as soon as it is vacated. HUD has recommended changes in dealing with a vacancy that lasts over a period of 30 days. Rehab Report Mr. Reddy stated that there were 12 loans processed and only four brought to the Rehab Loan Committee for approval. The City Council has accepted the agreement between the City and the Housing Authority regarding the policies governing the Housing Rehabilitation Loan Program. Mr. Reddy stated that the loan agreement with the Bank has been amended. He stated that we have had some problems with the loan agreement with the Bank. Mr. Reddy stated that the real issue is who is going to hold the deed of trust. The Bank wants to hold the deed in their own physical possession as collateral. Our attorney, Kirk Wickersham, originally set up the contract to show that there were two separate distinct contracts, one between the lending institutions and the Authority and the other between the Authority and the people actually borrowing the money from the Authority. The reason that this was done was to assure that the Bank maintained its tax-exempt status. The Bank's attorneys said they have checked this matter out and feel that they will not lose their tax-exempt status by holding the deed of trust . Mr. Reddy stated that there have been numerous meetings with our attorney, the Bank's attorney, Community Development staff and Bank representatives regarding this issue. Our attorney's opinion is that the Bank may lose their tax-exempt status due to the way the agreement is written. Therefore, the Authority agrees with the Bank's wishes with the understanding that the Bank's tax-exempt status may be questioned. Mr. Reddy stated that a few changes were made in the loan agreement with the Housing Authority and Continental National Bank. He stated that this agreement has to be submitted to the Bank's attorney for approval . Mr. Reddy stated that on the Collateral Assignment page, the section on default has been added by the Housing Authority's attorney. -2- • I • - ( • • ( • • • • Mr. Reddy stated that a substantial change will take place administratively due to the implementation of a construction loan process and permanent loan process. The Banks are going to handle the construction loan process . MOTION BETTY BEIER MOVED AND CINDY PETERSON SECONDED THE MOTION TO AUTHORIZE THE EXECUTION OF THE LOAN AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF ENGLEWOOD AND CONTINENTAL NATIONAL BANK AND THE COLLATERAL ASSIGNMENT. THE MOTION CARRIED AS FOLLOWS: AYES: THOMAS J. BURNS BETTY BEIER DAVE CLAYTON CINDY PETERSON NAYS: NONE ABSENT: REV. STAN FIXTER Mr . Reddy stated that the amount on the loan agreement has been raised from $300,000 to $350,000. He stated that when loan limits were raised from $12,000 to $15,000 a margin of Bank money availability was needed to offset that increase; also, a new Bank (Community Bank and Trust) is involved that has committed itself to $50,000 which is in addition to what the other banks are dealing with. Annual Financial Report Mr. Reddy stated that this is a 1978 report. The report is late because of the Section 8 audit. This Section 8 audit had to be finalized before this report could be completed. Mr. Reddy stated that basically this financial report shows the assets and any deficiencies of the Housing Authority. Discussion ensued regarding Rehab income from operations and repayments. A question was raised regarding whether or not the Housing Authority receives much money back when people pay on their loans. Ms. Morris stated that we do not get much back unless that person is paying back a deferred loan or subsi- dized loan within five years. There was a short break for dinner. Public Housing Project •co-48-2 An executive session was held from 6 :50 P.M. to 7:40 P.M. Insurance Coverage Mr. Reddy stated that we are covered from errors and omissions under the City's policy. It is a Midland Insurance Company policy for one million dollars per occurrence. Mr. Reddy stated that this policy under the City is valid for the Housing Authority Commissioners because the Mayor appoints the Housing Authority Commissioners. The fact that the Authority is set up as an entity under the State plays a secondary role in the insurancecompany's position on the insurance coverage due to the fa c t that the Authority is appointed by the Mayor of the City of Englewood. -3- • I • - • • • • • • Mr. Reddy stated that he received a letter from Bernice Wegsteen of NAHRO regarding insurance coverage for Housing Authority Commissioners. Mr. Reddy is to find out from other Housing Authorities in the area what their coverage involves. Discussion ensued regarding this matter . There being nothing further to discuss, the meeting was adjourned at 8:00 P.M • -4- • I • - - • • • • • The Englewood Housing Authority Minutes of December 19, 1979 Regular Meeting were officially approved by the Commissioners on January 23, 1980. ~ Mi~G.Re~ Executive Director Englewood Housing Authority I • - • • c • • • • MINUTES OF ENGLEWOoD HOUSING AUTHORITY SPECIAL MEETING January 15, 1980 S A The special meeting of the Englewood Housing Authority was called to order by Chairman Thomas J. Burns at 12:40 P.M. at City Hall, 3400 South Elati Street, Englewood, Colorado. Roll Call Members Present: others Present: Thomas J. Burns, Chairman Betty Beier, Vice-Chairman Beverly Bradshaw Rev. J. Stanley Fixter Cindy Peterson Mike Reddy, Executive Director Recording Secretary Mr. Burns stated that the purpose of this special meeting was to review the status of the appraisal on the proposed elderly site for Public Housing Project fCQ-48-2. MOTION REV. FIXTER MOVED AND BETTY BEIER SECONDED THE MOTION FOR THE BOARD TO MEET IN EXECUTIVE SESSION AT 12:45 P.M. THE MOTION PASSED UNANIMOUSLY. The meeting reconvened at 1:15 P.M. MOTION REV. FIXTER MOVED AND BETTY BEIER AND BEV BRADSHAW SECONDED THE MOTION TO AUTHORIZE THE EXECUTIVE DIRECTOR, CHAIRMAN OF THE ENGLEWOoD HOUSING AUTHORITY AND THE HOUSING AUTHORITY'S ATTORNEY, KIRK WICKERSHAM, TO NEGOTIATE AN OPTION TO PURCHASE THE VACANT PARCEL AT SWC: GIRARD AND SHERMAN STREET EXTENDING TO LINCOLN STREET, ENGLEWOOD, COLORADO, WHICH IS PRESENTLY OWNED BY SECURITY PACIFIC, FOR THE PREVIOUSLY AGREED UPON PRICE. THE MOTION PASSED AS FOLLOWS: AYES: THOMAS J. BURNS BETTY BEIER BEVERLY BRADSHAW REV. STAN FIXTER CINDY PETERSON NAYS: NONE 0 I • - - ,, c. c • • • • MOTION CINDY PETERSON MOVED AND BEVERLY BRADSHAW SECONDED THE MOTION THAT IF AN OPTION CONTRACT IS SUCCESSFULLY NEGOTIATED UPON, THE CHAIRMAN OF THE ENGLEWOOD HOUSING AUTHORITY AND THE EXECUTIVE DIRECTOR BE AUTHORIZED TO EXECUTE THE OPTION ON .BEHALF OF THE ENGLEWOOD HOUSING AUTHORITY. THE MOTION CARRIED AS FOLLOWS: AYES: THOMAS J. BURNS BETTY BEIER BEVERLY BRADSHAW REV. STAN FIXTER CINDY PETERSON NAYS:. NONE MOTION REV. FIXTER MOVED AND BETTY BEIER SECONDED THE MOTION TO INDICATE TO THE CITY OF ENGLEWOOD THAT THE HOUSING AUTHORITY COMMISSIONERS DESIRE THAT THE CITY AUTHORIZE THE APPRAISAL OF THE SITE AND AUTHORIZE THE HOUSING AUTHORITY TO REIMBURSE THE CITY FOR THE COST OF THE APPRAISAL. THE MOTIC:Ii CARRIED AS FOLLOWS: AYES: THOMAS J. BURNS BETTY BEIER BEVERLY BRADSHAW REV. STAN FIXTER CINDY PETERSON NAYS: NONE Mr. Burns welcomed Bev Bradshaw as our new Housing Authority member. He stated that she was appointed by the new Mayor of Englewood to serve on the Housing Authority Commission. Ms. Bradshaw stated that she was looking forward to serving on the Housing Authority Board. There being nothing further to discuss, the meeting adjourned at 1:30 P.M. -2- I • • - • • - , The Englewood Housing Authority Minutes of the January 15, 1980 Special Meeting were officially approved by the Commissioners on January 23, 1980. ~~.=.· Englewood Housing Authority D ( • • I • ( • • - • • r • • • • ENGLEWOOD DOWNTOWN DEVELOPMENT AU'n!ORITY BOARD OF DIRECTORS SPECIAL MEETING Wednesday, January 23, 1980 MINUTES Board Members Present: Coleman, Glenn, Holthaus, Kaufman, Mausolf, Nea 1 , Robohm Board Members Absent: Allen, Gasson, Maxwell Staff Members Present: Keller, Thompson 5 t Guests and Visitors: Terry Crowe, Fred Dransfeldt, Howard Olson, Bill Canright, Richard Wanush, Oliver Giseburt, Don Williams, George Perrin, Tracy Laignelot, Pat Gill, Jim Mosier, Barbara Young, Samm Bassett, w. B. Rogers, Don Smith, Lee Bennett and Judge Louis Parkinson. Board Chairman Kaufman called the meeting to order at 12:25 p.m. Our "Good Guys• award was presented to Pat Gill and Tracy Laignelot for the rehabilitation and improvements made to 11 w. Hampden. The first floor being for office use, for their firm, Empress Realty, and the apartment units now ready for leasing on the second and third floors. Upon motion by Board member Robohm and second by Mausolf the minutes of the January 9, 1980 Regular Board meeting were approved as published. Motion carried. There was no Treasurer's report in the absence of Treasurer Gasson. Upon motion of Board member Robohm and second by Holthaus the bills in the amount of $550.14 were approved for payment. Motion carried. Board member Robohm reported the unanimous dicision of the Architect/Theme Selection Committee to appoint Kelly Oliver of Oliver, Hellgren as architect for the Parking Lot, Walk-Thru, Mini-Park and Mini-Mall project on S. Lincoln. Upon motion by Board member Robohm and second by Glenn, the committees recommendation was adopted. Motion carried. Council representative John Neal was sworn in as an official Board member by Judge Louis Parkinson. A sincere welcome is given by all Board members and staff to John Neal. Board Chairman Kaufman referred agenda item 9, the T.H.K. and Harmon, O'Donnell, Henninger proposals to the Architectural/Theme Selection Committee for study and a report at the February 13, 1980 Regular Board meeting. Mr. Bill Canright of Rogers/Byerly presented for Board consideration a proposal for establishing a theme, some publicity and public relations suggestions, including a news letter and advertising. A copy is on file in the office for reference, attached to the official Board minutes. I • - • • Page 2 Board of Directors Minutes • • • The ExecutiveDirectors memo to the Board ~mbers regarding the establishment of a •Downtown Business Association• vas next brought to the table for dis- cussion . Mr. Lee Bennett of the Colorado Association of Commerce and Industry, gave a short revi-of past Englewood at the time he vas Ch-ber of C~erce Executive Vice President and reinforced the concept that new building and parking lots alone will not bring prosperity to the business area. Boward Olson wished the Board to know that his letter of October 30, 1980 vas not intended to be in any way a negative position. After a round robin of comment by the Board members and guests, Board member Robohm suggested tabltift4) final consideration until the Regular Board meeting, February 13, 1980 . Board Chai~n Kaufman expressed a special thanks to former councilman Smith for his work on the Architectural selection Committee and a special velcoae to Don Williams and Oliver Giseburt for their interest in the E.D.D.A. Mr. Fred Dransfeldt stated his lack of confidence in the Board because of the recent property owner petition probl-. Executive Director Keller explained the recent problem of land value escalation and its affect on the project. Also the Board determination to hire the architect and generate a set of plana to be priced out before coming back to the property owners for petition signature. Mr. Dransfeldt also asked if E.D.D.A . could do something about a sign directing people -stbound on 285 into the downtown area via Halllpden Avenue. Council Board m-ber Neal expressed concern as to the length of delay in the petition process caused by the stopping to get drawings eo~~pleted and construction bids before proceeding with the property owner petition process. Board Chairman Kaufman reminded the Board to be thinking of people who would be best to recommend to Council to fill the Board member vacancy. Visitors, and former council members Williams and Giseburt volunteered to serve with the Executive Committee of the Board in meeting with the City to determine policy and proceedures regarding the ownersship, operation and maintenance of the various projects proposed by E.O.O.A. and accepted by Council. Mr. Giseburt also suggested the E.O.O.A. broaden its base and invite people to participate from outside the boundry limits of the Authority. Meeting adjourned at 1:40 p.m. I • - • • • • • • ENGLEWOOD PARKS & RECREATION COMMISSION Minutes of January 10, 1980 s c The regular monthly meeting of the Englewood Parks & Recreation Commission was called to order by Chairman jack Poole at 7:30p.m. in the Parks & Recreation Office. Members present: Howard, Allen, Bradshaw, Richards, Poole and Romans, ex officio Members absent: Hewitt and Higday Also present: Richard Tapply, Asst. Dir. Parks & Recreation Leon Kuhn, Asst. Dir. Parks & Recreation Nancy Luecke, Intern from Metro State College Council Member Bradshaw was introduced and welcomed as the new member of the Commission. Nancy Luecke, a student from Metro State College who is doing her intern f: work with our department, was introduced. • Allen moved, Richards seconded, that the October 11, 1979 minutes be approved as mailed. Motion carried. (no meeting in November and December 1979) Progress reports: (a) Golf course second nine holes: The projected schedule was presented (copy attached) and the river redevelopment project was reviewed. 1be engineer will be hired soon to start designing the trail bridge. The seeding will be done in early spring and play will probably not begin until spring of 1981. (b) Belleview Park channel improvements: Asst. Director Kuhn reviewed the work to be completed at Belleview Park along Big Dry Creek to prevent further flooding problems in this area. The department is hoping to receive funds through the Public Improve- ment Fund to complete this project so it can be done right to eliminate the problem. (c) Centennial Park Improvements: An engineer has been hired to work on the shore development at Centennial Park lake. Mr. Kuhn reviewed the facilities that will eventually be constructed in this area. (d) Bates-Logan Park handicapped accessibility I . - - • • • • • -2- project: Instead of constructing a new facility especially for handicapped, Bates- • Logan Park will be adapted to make the apparatus and facilities accessible to the handicapped. Some additional apparatus will be added. Construction will start on this project just as soon as the contract for federal aid is approved which should be within three to four weeks. The Parks and Recreation Five Year Capital Improvement Program was reviewed briefly and will be discussed further at the next meeting. The feasibility of asking the Centennial-Bicentennial Committee to turn the remain- ing money that was collected for the Senior Recreation Center over to the Commission or to the City for improvements to the Center was discussed. This will be on the agenda for the next Commission meeting for further discussion. The Ordinance creating the Parks & Recreation Commission was discussed. A committee will be appointed to review this Ordinance to recommend changes and/or additions. jack Poole's and Selwyn Hewitt's terms on the Commission will expire February 1, 1980. The Englewood School Board will appoint a replacement for Mr. Hewitt and the Council appointees and School Board appointees will meet to select a replacement for Mr. Poole. The Senior Citizen Advisory Committee discussed the status of the property east of Malley Center at their last meeting emphasizing the need for this area to provide additional parking for the Center. Since this committee is now meeting only quarterly it will be necessary to change the Bylaws. This will be done and the changes will be submitted to the Commission at the next meeting. The registration at Malley Center is working much better both for the participants and staff since Englewood residents are being registered first. Asst. Director Tapply reported on what the Community Center Committee has • I • • - •• • ·, - -3- been doing and the Community Center information slide show was previewed. Favor- able comments from the Commission were received after the showing. This slide show will be presented at various places around Englewood arranged by the Infer mation Committee and at Englewood Service Clubs as they request it. The meeting adjourned at 10:15 p. m. • I . • • • • - • • - •· PHOJECt'Eo suumuu·: FOR SO Ulll Pl.J\l"l'E lUVER REDEVEU>L'MENI.' 1980 JAN. FEB. MAR. APR. M.\Y JrnE JULY AUG . ..l.£tlil bridiie) ./ ' $16 2 ,800 , ..... " Canpletion of I/ driving range ' $40,000 Seeding (under H course construction contract) Punp rouse shed / ' $6,100 ' ~ ]art patlji) $6,300 Qrde_r !'is 121aDt tr!;U 1./ $~ 500 ' ---=4 Order & inst;a~ I/ _course furn1S "" $2,300 -Ord ~r maintenanc~ / -~fll lJ.OOJall:-' $15 ,000 . I Date when Federally assisted projects (circled) can begin. • JAN. F' Pl:J n & construct clubhouse / $3 25,000 ,~ e .:l);i.l).~_.&~Q.~ . .ke traiD $26 ,000 1";{" base dri· ·· r.-:m~t?--~W ~ $4,000 • SEPT. ocr. !\'OV . i L'EC . ..... I ./ I I I ,./ .... "' ~ ' 1--7 ... ~ .... , ~ If grass gets excellent growth, course will be opened for l imi.tl:!u play I . • - .. l'HOJEClEO SCI II m Uu·: • l·DR SOUlll P f...l\l"l'E RlVER l ~EDEVELOL'MENl' 1980 JAN . FEB. MAR. APR . MAY JUNE JULY AUG. SEPT. ocr. t-."DV.: L'EC . T'r:1il brid ~ / ' -, $16:L ,800 I" / Completion of ' / I driving range ...... ' $40,000 " / I I Seeding (\IDder ~~ course c o nstruction contract) Punp house shed 1/ ' I I $6,100 ' ~ I ~rt oath§) / ... $6 ,300 ' "' :9rd ~r fl! 12lsmt treeu / .... 1--${ 500 '"' "' Order&. install~ / ' _course furnishings ' 7 $2,300 -Order maintenanc~ / ...... -~Sl' •in.olC!ll;..... I' "' $15,000 \ l Date when Federally assisted If grass gets ~'c ellent projects (circled) can beg in. growth, course \ori.ll be open ed for l iJni.l:cJ play 1981 JAN. FEB. MAR . APR . MAY JUNE JULY AUG. SEPT. ocr. mv.j ~ I PLu1 & construct clubhous e / .... ! $325 ,000 "' , ... --·-trait> Bike & hike _... ' $26 ·:ooo ~~-' .; 1'1 base d r~ / .... xrJn _I? ~~nill.B!!ent ' / $lf,000 ·-· -· P L m & cons true t • t\·.'0 lighted ball L. ..... ields "' $286 ,500 ---------· -----------------1-·-. . ~---. . ~ ---. --··------------- ·:.euuL ing<:ncy h I./ 1--.... 1 miscellaneous $60,000 "' __ ]_ .. ··---- t ,·,Cover and clean up debris on hillside located in north east comer of golf cours( =· Drainage for area east of golf .course. Fc:n cing along east and south boundary lines of course. Sha ping of dike along the east side of river. • • 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 foA 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 gcvern- 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 ___________ _ SECOND ___________________ ___ YES ____ NQ, ____ _, I . • • - • • -":/, 'ntiS AGit££MENT, .. de and entered into thia '1...:_ d.y of .January, 1910, by and t.t._..n the DtGLDIOOD tJCIMN"l''OIel DEVELOPMENT AtrniORI'I"Y, a Colorado IIYnicipal body oorporate, hereinafter referred to a s first party, and J'UES T. IC£LLEJ:, II, here- WITN!:SSE'J'It 1 WIIEJtEAS, firat ~rty i8 a body corporate, created punuant to the proviaiona of Part I fll-2S-IOU, Colorado Re•lHd sututea, 1971 • -n~, and party, and III!IIEAS, firat party ia deairoua of e111ploying MCOnd perty, party, !liE PAin'IES DO HEREliY AGREE AS FOLLOWS: Plrat party cloea hereby e""loy .. cond party •• EXECUTIVE DIIIEC'!Oit for t._ Jlprtl 16, 1910 upon the followin9 ter• and condition.: ( 1 . lleqinning April 16, 1980 tint party a9reeo to ;>ay MCOncl party the •• of '!Wnty-Eight '""'uaand Dollan ($21,000.00) for one (11 year in equal _,thly inatall.Mnta •• .n inct.pen~nt contractor . In ~<Ution, firat party will pay .mtle e_,.nae and tranaporUtion coati plua the u.ual coat of hospital aftd •~Ucal irwuranee plan. The contract an for the Hcond and third year will be detemined by .utu.l atr..,.nt at the tiw.e of the nine (9 ) -.nth review in 1911 and ltl2. 2 . S.cond party •gr.es to s~nd full ti• in the courae of hie e111ploy- .. nt and pe-rforunce of the f o llow i nq qeneral dutiea : (a) Gene ul supP r vis i on o ve r a nd be res ponaib l e for t he prepara t ion of plans and the per f orm•nce o f the f uncti on• o f the Author ity i n the unner • •uthor i zed by the stat utes. (b) Attend a ll -.et i nq s of the Boilrd . (c ) Render to t he Board and to the Ci ty Council o f the City of En9lewood • MOnth ly repor t cove ri nq •ctiviti e s a nd fi nanci a l condi tion of the • Author i ty . (d ) Fu rn ish t he Board "'i t h s uch i nfor .. tion or reports governi"'l the oper•tlon of the Au thori t y as the eo.rd uy fr011 ti• t o ti• uquire • I • • • - • • - l. S.oond party shall take and aubacribe to the 011th of office and fr.~rniah a t:aoftd •• required by the Board before enterlnt upon hia dutiH. 4. It il underatood and ~~qreed between the pertiea that at the eNI of tM firat nine (9) 10ntha of each contract year of ellployltent the parUea will rewiew the perfor .. nce of Mcond party, and if fh·at party or aecond party ia •UaNtiafied for •ny reaaon wit.h the perfo~ or relationehip ealatit19 be~ ,.. .. J .... T. keller, It, Second Party .j • I • • -2- • • - • • ENGLEWOOD DOWNTOWN DEVELOPMENT AU'IHORITY 3535 s. Sher.an -Englewood, co 80110 -:ember, 1!179 fl!H~ i 12l~lii~li Fund 80 Division 80 Actual EXPENDITURES Budget thru Proposed 1979 l0l:Jli79 1980 SALARIES 1111 Salaries (Staff) $850 per 1110n th -12 IBCXl ths $5,600.00 360 10,200 PENSION ' RETIREMEIIT 1311 Social security 6.13' 343.28 22 625 INSURANCE 1411 Heal t.:1 ' Life -$200 per 1110nth -12 _,nths 1,400.00 0 1,000 1421 Work•n's COIIpensation ( .15 per $100 salary pe r 1101'1 th ) 8.40 0 1 5 1441 Disability .83 X $100 salary per 1110nth 46.48 0 8 5 1461 Une11ploy111en t .003 x gross of all salaries 16.80 0 30 OFFICE SUPPLIES 2111 General -$50.00 Per IDOnth x 12 1110nths 350.00 365 600 ~ 2112 Books ' -gazines -$10 per 110nth X 12 180.00 26 120 2113 Postage -$75 per 11101\th X 12 875.00 62 900 2114 Paper -$5 per a:xtth x 12 140.00 23 60 PRINTING 2121 Inside -$5 per 1110nth X 12 700.00 9 60 2122 Outside -$200.00 per llOnth X 12 700.00 850 2400 MISC. SUPPLIES 2251 Food except conferences ' travel $50 per 1101\ th x 12 0 297 600 • 2275 Film ' Processing -$10 per month X 12 140.00 28 120 2276 Map Prints -$5 per l1lOil th X 12 140.00 0 60 2279 Other Misc. Supplies -$25 per month X 12 140.00 320 300 CONTRACTUAL SERVICES • 3111 Auditing 300.00 0 500 I 3113 County Collection fee 1~' (Tax collections • • v reported on net basis) 1550 1950 (' $11,079.96 $3,912 19,625 • - - • • . ,. FUNDS & DIVISIONS • • • Budc.!e t ' 79 •carried forward from page 1• --------$11,079.96 3121 3141 3161 3162 3169 3191 Legal Services Er19ineerir19 Architectural Appraisal Other technical services Other professional services Executive Director Salary 3~ .anths f $2,083.33 8~ ' $2333.33 per year 7291.66 19833.31 EDUCATIOIIAL, TRAVEL, 6 PRM«>TIONAL SERVICES 3211 3212 3213 3221 3231 Travel • Conference (Includes Meals) Registration Mileage (Ex. Director auto allowance) - $100 X 3~ a .oath 125 X 8~ Tuition • Training Memb.,rship & Dues -$50 per month x 12 CUMMUNICATIONS 6 UTILITY 3311 Advertising -Legal, $25 per IIIOflth x 12 3321 RENTALS 3421 Telephone -$115 per .oath x 12 Installation -one ti111e Buildi "9 Rental 455 X 12 3491 Other Rentals INSURANCE 3761 Insurance office 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 3762 Insurance Liability Board Member & Ex. Dir. OTHER MISC. EXPENSES 0 0 3799 Other: expenses -$50 per: month x 12 700 py. £ to 10/31 $3,912 465 0 0 0 594 17,708 725 420 850 0 235 28 821 3495 200 0 0 CAPITOL OUTlAY $37,058,59 $29,453 Office equi~nt, furnishings • fixtures 4421 Offi~ aachines 1,000.00 588 ( 4422 Office furniture • fixtures 2,750.00 2214 4423 Other: equi~nt, furniture, • fixtures 250.00 42 $41,058.59 $32,297 • Budget '80 $ 19,625 1,000 0 0 0 500 27,125 1800 750 1413 500 600 300 1380 5460 200 1000 600 62,253 0 0 I • • - • • - P9· 3 ~DS ' DIVISIONS REVENUES Budget '79 to 10l31 Budge t '8 0 6111 General property tax $119,217 .00 $117 ,122 6121 Specific Ownership tax 10,000.00 9,996 6161 Penalties ' Interest on Delinquent taxes 100.00 617 6812 Interest Earnings on Deposit 1,000.00 6891 Other Misc • .Revenue $130,317.00 $127 ,7 3 5 $130,000 • I • • - • • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 198"'"0 __ _ , A COUNCIL BILL N0. __ ~3 __ _ INTRODUCED BY COUNCILMAN 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. 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 C~ty 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 w~th~n 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 • • ....... ...... : ( • • • • Section 4. The City of Englewood does hereby expressly reserve a 16' right-of-way or easement for the continued use of existing sewer lines and appurtenances, and for ditches or canals and appurtenances, for electric, telephone and similar lines and appurtenances, if any, now located in the hereinabove described parcel vacated. Introduced, read in full, and passed on first reading on the 21st day of January, 1980. Published as a Bill for an Ordinance on the 23rd day of January, 1980. Read by title and passed on final reading on the 4th day of February, 1980. Pub~j,hed by title as Ordinance No. ~ on the ~~ day of February, 1980. Attest: ex officio City Clerk-Treasurer , Series of 1980, Mayor I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate, and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1980. Gary R. Higbee -2- I • - - • - • • • ORDINANCE NO. ,.fJ SERIES OF 198~ BY AUTHORITY • • • COUNCIL BILL N0. __ 3~- INTRODUCED BY COUNCILMAN 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. 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 within 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 • • - - • • • , . • section •· Tbe City of Eoi eooo3 aces ere"S .-7ress s resexve a I<' rig\ii-of-vaY or eas.-nt < r t!>e con•"""""' ose of existing sewer lines and appurtenances • anD i r Oitche' ~ oanals anB appurtenances, for e l ectric, to epbone an5 """ ar ;nes and appurtenances, if any. now ocate" in the ner~abO~• aescribeO parcel vacated. introduced, r .. d in fu , and -sed en west -din9 on the 21st day of JanuarY• 1980 . Published as a Bill for an orQinaOCO on the 23«' day of • January. 1980. .. ad bY title and passed on finA readiD9 on the •th daY of February. 1980. Pul>Hl'hed bY title as ordina"ce •o·-"' on the_frfl'l-day of February. 1980. , series of 1980, Mayor Attest: ex officio CitY Clerk-Treasurer 1, Ga<Y R. Higbee, e< officio CitY clerk-Tr .. surer of the citY of Englewood• Colorado, herebY certify that the a>aV• and foregoing is a true, accurate, and comPlete cDPY of the ordinance pas~on finAl reading and published bY title as on'.....,ce No. , series of 1980. ~- -2- ) ( I • • - • • • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 198x0 .......... - COUNCIL BILL NO. 4 IN~UCED BY ' -ad ... l!~ A BILL FOR AN ORDINANCE AMENDING AND APPROVING AN AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO, AND THE CITY OF ENGLEWOOD, COLORADO, FOR THE TRANSFER OF REAL PROPERTY TO THE CITY OF ENGLEWOOD FOR CENTENNIAL PARK. WHEREAS, Arapahoe County is desirous of transferring the real property to the City of Englewood for additional ground for Centennial Park upon County's completion of sand and gravel opera- tions; and WHEREAS, the City of Englewood desires to expand Centennial Park. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City of Englewood shall enter into an Agreement with the Board of County Commissioners of Arapahoe County whereby the County shall transfer to the City of Englewood real property for the expansion of Centennial Park, said Agreement consisting of three (3) typewritten pages plus one (1) page containing an engineering drawing of the Engineering Department of the City of Englewood, designated •centennial Park,• dated October, 1979, checked by •P.K.," which Agreement generally provides as follows: 1. That the County shall transfer to the City, by Quit Claim Deed, the following parcel of real property: Beginning at a point on the N line of the S ~ of NE \ of Section 8, Township 5 South, Range 68 West of the 6th P.M., Arapahoe County, Colorado, 988.77 feet E of the NW corner of said S ~; thence s 89°58'30• E 391.39 feet; thence S 0°23'45" W 275 feet; thence S 71°30'12"E 631.22 ~eet; thence s 0°23'45• w 180.78 feet; thence S 81 11'38• W 1104.45 feet; thence S 19°30'15" E 356.97 feet; thence N 89°51'20" W 53.09 feet; thence N 19°30' 15" W 832.53 feet; thence N 40°01'15" E 492.09 feet to the point of beginning. Said parcel contains 15.66 acres more or less and is also known as •parcel A." Receipt of the above real property is hereby acknowledged • • I • • - • • • • 2. The County is owner and in possess ion of the following parcel of real property on which it shall be a llowed to excavate sand and gravel until depleted: Beginning at the NW corner of the S ~ of NE \, Section 8, Township 5 South, Range 68 West of the 6th P.M., Arapahoe County, Colorado; thence S 89°58'30" E 1380.16 feet; thence s 0°23'45" W 275 feet6 thence S 71°30'12" E 631.22 feet; thence S 0 23'45" W 180.78 feet to the true point of beginning; thence continuing on said line 508 feet to a point 160 feet N of the SE corner of the sw \ of SE \ of NE ~ of said Section 8; thence N 89051'20" W 968.78 feet; thence N 19°30'15" W 356.97 feet; thence N 81° 11'38" E 1104.45 feet to the true point of beginning. Said parcel contains 10.10 acres more or less This parcel shall be conveyed to the City of Englewood by Quit Claim Deed ten (10) years from date of the Agreement, or upon depletion of sand and gravel, whichever occurs first. In any event, County shall be allowed to continue sand and gravel excava- tion until depleted. 3. Any parcel of real property received from the County under this Agreement, or predecessor hereof, shall be used for park and recreational purposes available for the use of all residents and inhabitants of Arapahoe County, Colorado. 4. City agrees to save and hold harmless the County from any and all loss which County might sustain arising out of the negligence of the City using and occupying Parcel A described in paragraph 1 hereof, and by using and occupying remaining por- tions of the subject premises. 5. The parties shall meet and confer on such areas to be developed for park purposes and said development shall not inter- fere with the County's excavation, and the County shall take all reasonable efforts to avoid interference with City's use of "Parcel A." Section 2. The City Council of the City of Englewood, Colorado, hereby authorizes the Mayor of the City of Englewood, Colorado, to subscribe his name to said contract for and in behalf of the City Council and the City of Englewood, Colorado, and the City Clerk attest and execute the same. -2- I • - • • r • • • • Introduced, read in full, and passed on first reading on the 4th day of February, 1980. Published as a Bill for an Ordinance on the day of February, 1980. ------ Attest: Mayor ex off1c1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate, and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 4th day of February, 1980. Gary R. H1gbee -3- • I • - r 0 • • • • • THlS ~n. d.AtecS 'th.l.5 of , 197 9, by &:ld between the CITY 01" £NG1EWQOD, COWRADO, • Municipal Corpora.t.ion (herein&J'ter scmeu-• cal.led "City") and the BOARil 01' COilNTY COIIIUSSIOUI:RS OF A.RAPABOE cotMl"Y, COLORAOO (bez:einaf•.er ao:Deti.Ms called "'County") : WlniESS "l'li: h~, Cou..~ty is the owner anti in posseasion of the following d.e.sc:r.lbed property lbere1.nafter sc=etiz:lea called "'Subject. Premises•) lying, sit.l.l.Ate and bel..IJ9 in the CoWlty of Arapahoe and. State of Colorado, to-'Vl.t: and, ' Bec;i..nnl.n; at the northwest corner of the south l /2 of the nor+_l)east l /4, Sect~ a. TOim5hip S sout-l-J, Range 68 west of t..~e 6t.h P.M., A::apahoe Col:.tlty, Colorado; thence south 89 deqree.s SS 'lO" east llBD.l6 feet; thence south 0 r!egrees 23'45• vest 275.00 feet; t.":ence south 71 Clegr-ees 30' 12"' east 631 .22 feetJ ~.enoe south 0 cieqrees 2 3' 45"' west 180.78 fee't ~o the t r-..le po.1-.nt of begl..nnl.ng ; 'Chenee c:onun~ng on 5.&.1.4 line sca.o fee:. to • pol.nt 160 feet north of the southeut corner of the soutllwest l /4 of the southeast 1/4 of the northeast 1/4 o·! s.u-3. Section 8; t.he:'lce nort.'l 89 deqrees 51' 20"' west 968.78 feet; thence north 19 de;rees 30' 15" west 356.97' thence nort.'l 81 deqre~s 11' 38" ea.t 1104.4 5 feet to t.he true point of beg' inning. Sal.d parcel contains 10.10 acres :. . WHEREAS. Ci ~:y !!e.sire.s and &.'lticipates the construction of a J!'rUnicipal park v~ t.!l att~a.nt fat:ili ties and improvements upon and in connection wi th the Subj ect P~e::uses, an:i ~n 'that re;:ard desi r ·es to acqui re utle to t..'le S'.!bject Premises upon and in acco~.&."lCe with the teres and conditions hereinafter set forth; and, WHEF.E.AS. County believes the co:l.Structi.on a nd in1talle tion of a :!!'.micipal puk \!pon t.h.e S-.:!>ject Premises, and t."le use of the Subject ?re:nises for pa.::k purposes will be benefio;-l.-&1 to the resi dents i! .. .''lO il".habi- tanU of Arapahoe County, an:i will !>e: in t;.he County's best interests; and , WHEREAS , County l.:O p ·resently usin'~ the Subject Prettises for sand ll.!ld gravel exca·.,atio::l, e.!'ld des ire s t.o cont t .:lt~e siid use of tl".e prer-...ises until the sand ~ srl!vel re.so".l.rce.s t..'le.reon are oeple't.~O. vhi -:h depletion County a.nticJ.pe.tes: Wl.ll oecur o:~ O:!" !>efore ten years fro::~ the da't.e her eof; ar.;d. IICH!:ltEAS, Cou....,ty de•i res 't.O convey title 't.O the S ubject Premi ses t.o City and de:::J.re& ";.hat Cl.ty use por;_icm '!)f the Subject Premise s !or park puzpose•, penC!in9 ca!:!pletion of sand &J d qravel eY..cavations by County# upon and in accor!ance Wlt.h the teocs •. rd conCil.tiol".s hereinafte!' set fort.h, ... ~. w consl.derat:.ion of the premises, the t!l.Utu&l covenants berew contal.ned. and oWer qood and valuable CO:"tSideration, 1.t i s a g reed between 'the parties hereU) as !ollows: 1 . From t he date h ereof, Ci't"y 5h.Jll h ave tlle rl.9ht hereunder t.o employ and U5e that parcel ":)f l and desiqnat.ed on the plat attached herew as Parcel "A" for aunicl.pal park and recreetl.on pu!'pOses , includin<.; fl.&hl.ng and ice- £katinq-. Cl.ty r>hall approp r l.-at.ely oark and ot.l:'l.erwl.se dell.nea te tile bounCan.es of sal.d Parcel "A .. to t..~e end t.h a't. the public use of sal.d area for park. and .recreatio·nal purposes v ill not l.n·t~r!ere w.1 th the operat1.on of County l.n excavat.l.ng sand and 9 ravel from the Subject. Premises anc! City sha ll undertake all r easo n abl e means to obvi ''t.e any s uch l.nterfere n~. 2. It ia contemplat.~ by the parties hereto that il& portions of area5 of the subject Premise& are depleted of 'their sand and gravel resources dlrouqh County'• excavation, SIKh areas may be util i z.ed by City for park and recreational purposes. I.n thl.5 re-:ard , i t i s the i nte.ntl.on of County to f irst vccava't.e alon9 the westerly b.undary of the Sub j ect Prenu..ses. and proceed in exc•vatl.on l.n an easterly d :.rection t.o the end that t?l.ty will • I • - • • ;. . . .. • • • • be able to uti.l.i.ze the ..e•terly port.i.cma of the Subject Preaises for park Uld recre.at.icm purposes at an e&rly d&te. Accordingly, it is agreed t..Ut. City &Dd County sb&ll fro. time to t.i.a: awt u auch .SCUtiOD&l. areas are depleted of saDd aDd 9ravel resource•, -.et through tbei.r respective offici&l..e and coafer on •uch areu to be deve.loped for park and recre..tional purpoae• hereunder, ADd aszy such Additial>al -~t by City will be in accor<W>ce viti> tbe fol~ CODditiou: a. I!JJy such arua slw.ll be ro developed u DC>t to perai t uy use thereof Wich will interfue vi th tlle COunty • • exCAvation for _sand ADd gr..,.l on tbe r-u.illg portions oJ' tl>e Subject Preaisea; b. City slw.ll appropriately mark ADd designate tbe bound&ri .. of auc:b ar ... to the end that uy potential interference vi th County • a -•ticDa oo tbe r-u.illg porticma of t1>a Subject P~ will be a~>v·iated. c. City &hall advi.ae County of the type aD4 method of i=prove- muat CODtellplated 011 such llddit.iaDal &J.eu, witbiD a re.uonable t.iaa prior to ac'blal ~t of such areu, to the end thAt any potential inter- ference vitb Co\mty S&Dd and qz:,avel aacavatiarla vl.ll be obviated. d. SUch areao; &hall be appropriately de&ignated upon the plat attacbed hereto aDd initialed by the respective p&rtiee through their appropriate officuls u &ddiuon&l. ar~u for use by City for park and recreaticm&l ~ bereuDde.r. 3. County shall cake all ~onable efforts to avoid interference wit:h the City'• use of Parcel "'A"' and .sditional desi9Mt.ecS ar ... of the 3\1bject Premi.H8 for rec:reauoa.a.l and rart purposes; in the event it •. .1&11 be~ necessary for County to use any ?Ortion of such parcel and 4esi1ft8ted. areu, County shall first not.i.fy Ciey t •!' ita intentions in this regard to the end that City may take reuon,at)le •uuree to protect its properties, facilitin, and l-ancSsc.ping from injury or ~e. 4. All property, JUt.eriala, pluta, treee, sod aD4 other i.mprovet:~enU pUced upc:m the Subject Premises by City shall at &11 times remain the property of Ci t:y, and if, for any reUC.•:l, City &hall cease using the Subject Pre=.ise•, City shall be e.ntiUed to ra .,ve a.ll such improvements therefrc:a. S. City aqrees to save. hold haz:ml.ees and indelmify tlW County of and froa ozry aDd all lo .. which County might suatain arisinq out of tha neglige:lce of City in using and occupying Parcel "'A .. and any additional desiqna.ted areu of the Subject PremisE', and ·County aqrees to save, holeS harmle~~s and indemnify the City of aDd fr'CIIID eny and all loea City might suatain by reason of the n09ligence of :ounty in using and occupying the remaining portions of the Subject ?r-.iaea. 6. It ia ur.Serstood &DIS agreed between the parti .. that when and u c!..,.loped for park and recreational ~ by City, the Subject Premi ... sball be available for use for such pw _'X)See by all residents and inhabitant. of Arapahoe County, Colorado. 7. Coutl.ty egrees that it shall undertake all reuonable efforts to .-.oid. cutting. ruptun.ng or ~reaking the dike esis'ting on the Subject Preml.&ea, to the end that as developed for park and recreational purposes, ~e Subject Premises v1.11 contain a pol"'d. or lake which can be utilized for sueh purposes : Count;y further agrees tt t.t if at any tU.. (except in the event of e::Dergency) it shall appear tht t said di1te may or might be ruptured, broken or cut, or must of necessi ty be so broken or cut, County shall firat notify City to the end that through cooperation and assistance reasonable meaeures can be taken to pre serve the pre!U.ses in such manner as vill provide for a pond or lake on the premises as ultizutely developed by City. 8. Ten yeus fr011 the date bereot . or upon ocapletion by County of aand and gravel excavati ons upon t.be S l h ject Preaises. whichever to hall 500ner occur, County ab&ll, by Quit Claim DeecS, convey all its right, title and intcreat in &nd to the Subject Prem.isea to City; said deed shall contain a clause providing that if City shall at any ti.8e thereafter cease using the Sub j ect Premises for park ancS recreat~onal purposes, then, and in that event, i r j . I I I • - - • j i 'j • ·j . • • • • tiUe to the Subject Preaiaes III>Ul ~ to c-q.. It .t.. --~ ---be-the pUtiea thAt iD the -t Colmty llbUl DOt Jwo- oc.pl.eted ita sand &DIS gr.,.1 e&en'At.i.Ga8 OD t.be ~ject Pnai.sea at tiloe of dell9U]' of the deed, as atm..U.S, ~. -iD t:het ...,t, tllU ._t -t1wo rigbu -duU.. of d.. part1as be.......SU llbUl surriw dloll9UJ' of a&i4 deed to City, &ball DDt be -to -~ tbenliD, -c-ty III>Ul t!womafter be pezaitted to -te --.w.g - -9Aftl .. the s.bjec:t.-Wltil ----depleted. Dpcm -letion of --CJJ:"&vel -cantiau by Coomty, or dlollvvy ot deed to City, IOhicbevu llball occur later, this ~t III>Ul be.,_ moll, Yai4 &D4 of DO effect, &D4 both~ bento z:e~ f..,. all obli9AU.... lwoz:e....Su S&ft -~ such oblig&tiau arising out of or iD OOGIIeetion with tbe pnwiaioas of paragr.p,a 5 &D4 6 -f wllicb llball be-to IIOIZVi ... dloliwuy of tlwo deed---tiaD of---1 -tiaa opvaU..... Ill IIZDIESS IIIIEIIICI'. tbe partie& bo'nto -Mt their -...S -a tbe d8!r ad -fint -. writ't&D. D~ of n-a officio City Cleft ~·-----------------...,.,r • i·· i ' J I I t I • • - ( • • • • PARCEL-A CITY OF ENfJLEWOOD AREA at 15-&8 Ac . • ARAPAHOE Cfltlll'TY MEA •! IO.IOAc. HI.TI' set•a~'z_o•w Parcel •a• .. .. "' N I . g _,-~.! g ...... . 0 "' Beginning at a point on the N line of the s It ~f the t:E \ of Section 8, 'l' 5 s, P. 6.1 u of tbe 6th P.M ., Ar•pa.hoe County. Coloralk> 981.77 ft E of the NW corner of s•.id s ,, t.benee s 89 degree:a 58' lO: £ 391.39 ft ; t..benee S 0 d~re es 2 3' 45" W 275.00 ft : thenee S 71 deqree• lO ~ 12" E 631.22 ft; thence S 0 dcqrces 2,.,. 45• W 100.78 ft; thence s 81 dcgreea 11' 38" w 1101.45 ft : thence s 1 9 d~r~s lO' 15" E 356.97 ft; thence N S9 devrHa 51 ' 20" w 53.09 ft; t hence N 19 dcqrou 30' l .S• w 832.53 ft; thence N 40 deqr ... 01' 15• £ 492.09 ft to the point of be9in · !U.n9. 5&id rucel contains 15.66 acres t . Arap&bo<j COO&n<y Be9inn.inq at the IIW corner of tbe S a. o~ dle Nt \. Section e. T 5 s. R 68 w of the 6th P.fll., Arapahoe County, ColorAdo; thence s 89 degree• :;a• 30" 1: l3C:::O.l6 f eet:.; t.l)ence s 0 degrees 23' 45" w 275.00 ft ; thence S 7J degroos JO' 12" I; 6 31 .22 ~t : thence s o degrees 23' 45" w ~80. 78 ft to t.ha true pol.nt of beginninq; thence ClO!lt:Ului.ng on said line soe . 0 ft to • point 160 ft. north of the: SE corne.r of the SW I, of the SE ;. of the Nf: 'ti of s•id Se :-:tion 8 ; thence r~ 89 d.cqrees 51' 2o·• WH;t 963.78 ft: the:nee Ji 19 degree• 30' 15" ;1 156.97; .. thence U 81 d(!i)r ee.s 11' 38"' E 1104.45 ft. to the true point of beginning. S..id. p.t.rcel c:ont.1.ns 1 0.10 acr es :t . I :N8UIEERifll DEPARTHENT CITY (IF ENGLEWOOD COLORADO. CENTENNIAL PARK SCALE: ...L!.zoo' DRAWN BY: M p APP. -~--···------------- • I • ( • • • • 'l'HIS AGillE:E:MENT, ca. ted t.bia of , 1979, by and between the CITY OF ENGLE:III:)OD, COLOitADO, a. Jluni.c1pal Corporation (berein&ftar SOMt.imes call.ed "City") And t.be IICWUl OP CODNTY CCMUSSIOt.!DS OF ARAPAHOE COUNTY, COLORADO (hereinaf•..er soaetiaaa called •eounty"') : WI'niESS '"l'lh WHI:R£AS, County is tl-4 owner and in possession of the following described property (herel...D.&fter sameti.mea called •subject Premises"') l y i.Dg, ai~te And beinq iD the County of Arapahoe and StAte of Colorado, to-"Wit:: and. I Beqinning at the northwest corner of the south 1/2 of the nort!'leut l /4, Section 8, Township 5 south, ~ge 68 west of 'the 6t.b P.M., Arap&hoe CoWltY, Colorado : thence south 89 deqrees 58' 30" east 1380.16 feet; the.nce south 0 degrees 23'45 .. vest 275.00 feet; thence aoutb 7 1 degrees 30' 12" ea.at 631.22 feet , t..~ence aou':h 0 d.egreea 23' cs• vest lSO. 78 feet to t:.he t r·.:.e po._nt. of beginning ; tllence cont.l.nuing o n &Aid. line SOB. 0 [ee:. to a po1.nt 160 feet north of the soutbeut corner of the southwest l /4 of the sou.theast l /4 o f t.he ncrt.beut 1/4 o f sai d Secti.on 8; thence north 89 deqrees Sl' 20• west 968 .78 feet; thence nor·th 19 degrees 30' 1s• west 356.97' thence north 8 1 de<grees ll' 38 .. eut 1104.45 feet to the true point of ttegi.ru:l.ing . Said. parcel containa 10.10 acres !.· IIR!:IEU, C i~y deaires and a.nticl.pates the con~~tructi.oll of a au.nicipal park vi th attendAnt facili tl.U and improvements upon and in connection vi th the Subj ect P:-em1 sea, and in that regard desi res to acquire u tla to the Subject: Pre:mi~e• upon an4 in -.ceo~anc:e with the ter::s and conditione berein..ft.er set forth; and, WHEREAS, Count y believes the construction il.Ild installation of a municipal park upon the Su!J)ect Premiws, and the use of the Subject Premises for pa::k p:J.rposea will be benefici al to the res idents a.."ld ir.habi- tants of Arapahoe Co:.:nty, anO will ~ in the County's best interests; and, KHE.REAS, County i s presently usin'~ the Subject Pre:rlises for sand a."ld qravel ex.cavatiD:'I, e..."'O desires t::J cont t~'lue sii d use of the pre.-tises until t..lo:e sand and gravel :-eso:J..rces t!lereon are oepleted, vhi cll depletion County antic.l.pet.e.s vill o ccur 0:1 or !:>efore ten years fro:n the C.ate h ereof; e.n.:1. t~HEKEAS~ County desires to couvey t i tle to the Subject Pretti.ses to City anc1 4es l.res that Cl.ty use portion.. of the Subject Premises !or p arlt purposes, pending ctr.~~plet.ion of sand &I d: gravel excavations by Co":J..'"lty, upon and in accordance v i th the t:era . .n4 condi tioM hereinafte:-set forth, **• THEREFORE, i n consideration of the premises, the mutual coven-.nts herein containe4, and other good and valuable consi deration, it is agreed be01een the parties hereto as follovs: 1. From the Cete hereof, City sh,J 11 have the eight hereunder to emp l oy -.nd: use that p arcel of land designated on the plat att.ched hereto as Parcel •A• for JIWl i c ipa l park and recreatl.on purposes, including f i s hing and i ce- akati."l9"'· City shall appropri ately mark and otherwise delineate the boundaries of said Parcel "A .. to the end t hat the public use of sai d area for park and recreat ional purposes will not int..,r!ere with the operation of County l.n excavatl.n9 sand and ;ravel from the Subject Premises anC: City shall undertake all reasonabl e means to obvi ·te any such i nterference. 2. It i• contemplated by the parties hereto that as portions of areas of the Subject Premises are depleted of their sand and qravel resources dlrough CoWlt:y' s excavation, such a.reu NY be t.~tilized by City for park antl recreational purposes. In this re-:'ard. i t i a the intent i on of County to first excavate a long the westerly b .. ur.dary of the Subject Premises, -.nd proceed i n excavation in an easterly d l.cect.ion to the end that C?ity ._,i l l • I • • - ( • • • t ~·· • • • • be able to u·til.Ue tbe westerly port.ioa8 of tbe Subject P~ for park uad recreaUoo purpose.a at an euly date. Accordingly, it ia agreed that City urd CoUDty aball frc:. U.. to t,iw, ADd -auc:b lld4i ti.oa&l areu are ckpleted of s&Dd ADd gravel resources • .._t throUI;b tbe.ir respective offic.ial.a and eon.far on suc:b areu: to be dneloped for park and recreational ~ he.........s.r, alld -.y such additi-.1 cleve~t by C1ty will be in lOCCOr<UDce with the following caaditiou' a. Any such areas shall be ~o developed u DOt to peno.i t uy use thereof which will interfere vi.th tbe COWity'a exc..vat.i.oft for ,sand aDd gravel on the re::aaaini.ng portions o11 the Subject P~su o b. City aball appropd.ately mark an4 desiqnate the boundaries of such ar .... to t.he en4 that any potential interference vitb County's oparatiooa em the r-.ain.i..ng portion. of tbe SUbject P~s will be obviated. c. City &hall Advise County of the type aDd met.bod of .i::aprove- mant eont~a:qpla'tilld em such a4di ticmal &t'eu, vi thin a reucmable t.ime prior to actual i.Dprowez~ent of such areas. to the end that. any potential inter- ference vitb COunty aa.ad and. c;ravel ucavationa will be obviated. d. SUch areaa 5h&ll be appropriately desiqnAted upon t.he pUt attac:bed hereto aDd initialed by the respective parties throuqh their appropriate officials as additional an~u for use by City for park and rec:reati.cmal purpoaaa hereUDder. 3. Cotmty shall make all reasonable efforts to avoid interference with the City's use of Parcel •A• and Additional desiqnated artwU~ of the Subject Pr..S.-for reereation&l. and p&Q. purposes; in the event it sUll beCCDII neceasary for County to use any portion of such parcel and desi?Oated areu, County shall first notify City t •! ita intentions in this regard to the end that City cay take reuonable llauures to protect its properties, facilities, and. lanclscaping from injury or ~e . 4. All property, materials, plant., trees, sod and other illproveme.nta placed. upon the SUbject Premises by City shall at all times remain the property of City, and if, for any reuc•::t., City ahall cease usinq the Subject Pre:ises, City shall be entitled to renj·"'• al.l such ilqprovements therefrca. 5 . City aqrees to save, hold haml .. s an4 indelmify the County of and froa any and all loss which County might SUitain arising out of the negligence of City in using a.nQ occupying Parcel "A" and any additional desiqnated areas of the Subject Premist ~, and ·COunty agrees to save, hold harmless and indemnify the City of aDS fZ'CIIII any and all loss City might suatain by reason of the negligence of :ounty in usin9 and occupying ~ ri!Zai.ning portions of the Subject ?reai..ses. ' 6. It is understood &Dd &.,reed betweeD the partia that vben an4 AS developed for park and recreational purposes by City, the SUbject Premises . shall be available for use for such puJ_:)()Ses by all residents and inhabitants of Arapahoe CoWlty, Colorado. 7. COW\ty agrees that it shall undertake all reasonable efforts to avoid cutting, rupturing or breaking the dike existing: oa the Subject Premises, to the end that as developed for park and recreational purposes, ':he Subject Premis es will contain a pord or lake which can be utilized for such purposes: Count:y further agrees tt t.t if at any ~u. (except in the event of emergency) it shall appear tlu t said dike uy or might be rup!:ured, broken or cut, or must of necessi cy be so broken or cut, County shall firat notify Ci ty to the end tn.t through cooperation and assistance reasonable measuree can be taken to pre serve the premises in such manner as will provide for a pond or lake on 'the premises as ulti.Jutely developed by City. 8 . Ten year• f ra. the d.ate hareot . or upon coapletion by County of sand aD4 gravel escavati ona upon the St h ject Preai•e•, whichever shall sooner occl.lr, County ahall, by Qui t Cl aim Deed, convey all i ts right, title and interest in and to the Subj ect Pr.U.Ms to City; s&i.4 deed ahall contain a clause providing that if City shAll at any t'-thei'Mftar .,. .... usi.nq ths Subject Praaises f o r park and. recreatl.onal pu.rpoaes, theft, and in that event, • :o I • - - ( !· (· • • ., ( ., l • • • • title to tbe S\lbj ect Pnaiaes aball .....n to Colmty. It La W>deratood ad--be-tbe partiea that ill the -t Colaty ah&ll DDt ba,_ ._.aUc~ ita .-ADd gr..,.l eaeavau-oo tbe SIJI>ject PnaiaH at tiM of daliWV7 of tha -· .. .,_~, tMD, ad ill that ..,...t, tbia .,._t ADd tbe riiJbta ad lluU.. of :U.. part.ta be-aball surviw dali9VY of ll&i4 -to City, aball DDt be -to .._. .orge4 tbereill, -Colaty aball tbu.after be a--it-to ._. .. tbe ~ - ad 9Rftl 00 tba Subject--UDtil tile-hu-deple-. ~ -leticm of-and grawl -u-by Couaty, or delivuy of-to City, .micheftr eball occur later, thLa ~t ah&ll ·be.,... lmll, 9014 ad of no effect, and both~ bareto rel.-f.,.. all obligau-bareWidu S&ft &Dd -auc:h obligau-arising out of or ill -tioD with tbe p"""isiou of peragrap.a 5 ad 6 he.-.of .micb shall be ~ to llllrVi'N delift&'l' of tile -&Dd tezaiaticm of sand &Dd grawl -u ... operau-. Ill Wl:'DIESS IIIIEIIIIlr. tbe parties bo'reto .._. Mt their baDI!s &Dd Male tbe 4a]' &Dd -firet -. writot.D. ll'ftZS'l'o Direc:tor of l"iaance a officio City Clem ~--------------~---lwiJOr -l. I I·· i I :. ---. i k I I ·I I • - t. ...... • • ( • PARCEL-A CITY OF ENGLEWOOD AREA,. t IS -&8 Ac . • • • • ARAPAHOE COI/A'TY AREA •! IO.IOAo . •••. 78' sa••~t 'z:o•w Parcel "'A"' .. • .. N . . g , ...... ~ g co ,-" oi 0 "' BeCJ i nning •t a point on t he N line of the s " of the nE \ of Section 8, 'l' 5 s, P. 63 i:1 of the 6th P.M., Arapahoe County. COlorado 988 .77 ft £ of the NW corner o f said 5 ~; thence 5 89 degrees 58' 301 E 391.39 ft ; thence S 0 degrees 23' 45" W 275.00 ft : tho.nee s 71 degr .. a 10\ 12" E 631.22 ftJ thence s 0 degrees 2 ~ 45" W 100.78 ft ; thence 5 Bl ~reea ll' 38" w 1104.45 ft: thence s 19 degrees 30' 15"' £ 356.17 ft; thence Iii 89 cSevr-• 51 ' 20"' w 53.09 ft: thence. N 1~ dcqroea 30' 15" M 832 .51 ft; thence N 40 dec)r-• 01' 15"' E 492.09 ft to the point of b(!9in.- ning . said parcel cont.&i.na 15.66 acres t . Ar~ COunty Be9ir.ni.nq at the W eorn.r of the s It o l the I1E \, Section a, T s s, R 68 w of t...~ 6th P.!l., Arapahoe Colmty, Colorado, thence S 89 d(!()reea 58' 30" I: lJCO .l6 fee t; t!>onca S 0 ~r<>es 23' 45" li 275.00 !t; <Mnca S 71 dogroos 30 ' 12" E 6 31.22 ft ; thence S 0 deqr~• 23' 45"' W l80. 7 8 ft to the true [lC>l.n t of beginning; then ce C'On"";w uing on sa1.d line 508 .0 f t to a point 160 ft north of t:.hc SE corner of the sw \ of the SE Ia of the NE \ of said Se::tion 8: thence u 89 doqreea 51' 20"' vest 963.78 ft ; thence N 19 del]rees 30' 15"' .1 356.97/' thence u 81 d!!C]rees ll ' 38"' E 1104.45 ft to the true point of beginning. Said parcel contai n s 10.10 acres :!". I.NGINEERINI DEPARTf.1ENT CITY (If ENGLEWOOD COLORADO. CENTENNIAL PARK DRAWN BY : APP. • 0 I • ----- - • • • • '2 RESOLUTION NO. _::::::> • • • , SERIES OF 1980 RESOLUTION APPOINTING GERALDINE L. ALLAN, ESQ., ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, pursuant to Part II, Section 68 of the Englewood Home Rule Charter, City Council may appoint one or more Associate Judges who shall sit at such times and upon such causes as shall be determined by the presiding Municipal Judge; and WHEREAS, previously hereto, other Associate Municipal Judges have become unavailable as a result of the press of legal business, the City Council finds that it is necessary to appoint an Associate Judge of the Municipal Court. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Geraldine L. Allan, Esq., shall be and hereby is appointed as Associate Municipal Judge in and for the City of Englewood, Colorado, said Associate Judge to serve at the pleasure of Council or until she shall resign or otherwise be unable to serve. Section 2. That the salary of said Associate Judge shall be as heretofore established by City Council. ADOPTED AND APPROVED this ______ day of February, 1980. Attest: Mayor ex off1c1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. , Series of 1980. Gary R. H1gbee I • - • , • • • RESOLUTION NO. "r SERIES OF 1980 • • • A RESOLUTION DENYING THE APPLICATION OF K.P.L., INC. FOR A RETAIL LIQUOR STORE LICENSE WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, K.P.L., INC., a Colorado corporation, has heretofore made application pursuant to the provisions of Article 47, Title 12, C.R.S. '73, as amended, for a Retail Liquor Store License to be located at Space KS-2815, Cinderella City Shopping Center, 701 w. Hampden Avenue, Englewood, Colorado~ and WHEREAS, notice of said application and notice of public hearing thereon having been given, and the hearing having been conducted on the 14th day of January, 1980 before the City Council as the local licensening authority; and WHEREAS, all procedural requirements of the statute having been complied with; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ENGLEWOOD, COLORADO, AS FOLLOWS: That based upon the application of K.P.L., INC. and the statements, testimony and exhibits received at the public hearing, the City Council of the City of Englewood, as the local licensing authority, does hereby make and adopt the following findings and conclusions: 1. That the applicant, K.P.L., INC., is a tenant of Capital Alliance Corporation, as landlord, for store unit numbers KS-2815 and KS-2822, said lease having been entered into on or about October 1, 1979 for a term of ten years (see Exhibit A and Exhibit D, Standard Lease Agreement). 2. That the sole stockholder of K.P.L., INC., Mr. Arnold Kimmell, and all officers and directors of the corporation are of good character and reputation, none having been convicted of a felony or a crime within any court of the United States or within any court of record within any state or territory of the United States. 3. That all legal notices, publications and postings with reference to public hearing were proper and consistent with require- ments of Article 47, Title 12, C.R.S.'73, as amended. 4. That the City Council designated an area of two miles in radius as the "neighborhood" to be considered in either granting or denying the applicant's request for the said Retail Liquor Store License • I • - • • • • • • 5. Mr. Max Scott, President of Oedipus, Inc., 1200 Pearl Street, Boulder, Colorado, testified that he was employed by the City to conduct a survey to determine the needs and desires of the residents of the neighborhood. He submitted his report containing the method of petitioning and the statistical results of the survey (City's Exhibit"B"l and submitted five (5) petitions marked City's Exhibits "C-1" through "C-5". The results of the Oedipus survey revealed that 1,074 total contacts were attempted and of that figure, 597 were not at home, but that 477 actual contacts were made within the defined neighborhood. Of the 477 actually contacted, 161, or 55.71%, signed the petition stating that the needs and desires of the neighborhood were not met; 128, or 44.29%, signed in opposition stating that the needs and desires of the neighborhood were met and signed the petition against the issuance of the license. Of the 188 rem~ining contacts~ 25 wou~d not s~gn any petitio~, 60 p~eferred to rema1.n neutral, 39 (1!Sd preu1oasli szgned the petttzoii te -CD¥ i 'ili"loZ:C~,) 29 were not qualified to sign the petition, 5 did not use alcohol, and 22 gave miscellaneous reasons for not signing either for or against (page 3 City's Exhibit "B"). Mr. Scott stated that the degree of acceptance for the applicant appeared to diminish in those areas closest to the location. 6. The applicant, K.P.L., INC., submitted numerous exhibits and petitions. The petitioners were generally divided into three groups, one, the petition of residents of the designated neighborhood, the petition of business owners and managers within the neighborhood, and patrons of Cinderella City Shopping Center. The following is the tabulation of petitions submitted by the applicant: APPLICANT Residents Business Owners, Managers Patrons Signatures 1,094 130 2,108 Valid _ Signatures 963 130 2,108 Mr. Bill Alpert of New York City appeared before Council and tesified that he was an attorney practicing law in New York City and one of the owners of Cinderella City. He further testified that he felt there was a definite need at the Center in providing services for shopping for food as well as liquor. The applicant further presented testimony from Mr. James Arehear9er, Manager of the Cinderella City Complex, who testified as to the area, market area, general character- istics of the Center, its activity, and a description of the neighbor- hood location. The applicant called additional witnesses, including ~ J 1 ~<:.a.:t.l<L p t-~.~_ ... '11)CU-j:2 c.;~a-/)'-<-P' _V'-<_L£7~~~-z.:a: -r; · _ · ~it u < J /<-<, #c d A-->2-.:Uc 0 P '""' .A-. / L I I i ', ... , I .__.., J ) -J" _..,(.I , I J .,d..V-1.) .) I • - • • • • • the Manager of the Joslins store at Cinderella City, who was also President of the Merchants Association, who indicated he favored the issuance of the license to the applicant. Mr. Lee Morrison, of Denver, appeared before Council and testified that he was the Market Analysis Respresentative for King Soopers, that King Soopers (the tenant immediately adjoining the applicant's premises on the east) had taken a neutral position in the matter of whether the license should or should not issue. 7. Those appearing in opposition, through their attorney, Mr. Alan Dill, submitted opponents' exhibit, being marked Protestants' Exhibit "A" containing 3,188 signatures, of which 3,072 were valid signatures, in opposition to the issuance of the license and stating that the existing Retail Liquor Store outlets in the area, which consisted of fourteen (14) such package stores and one (1) Liquor License drug store, were sufficient and that the needs of the neigh- borhood were in fact being met by said existing liquor outlets. The opponents submitted the testimony of approximately thirty (30) individuals, who were either owners or residents of the neighbor- hood.as well as those who owned or operated competitive liquor stores, testified generally that the area was adequately served with existing package store licenses and that none, in addition, was needed. All testified that they had no difficulty in purchasing package liquor of their choice in the neighborhood as defined by Council. The City Council therefore finds and concludes from the state- ments of witnesses and the exhibits and petitions presented at the hearing that the neighborhood, as defined by the City Council, con- tains fourteen (14) retail liquor store outlets within the City of Englewood and also a liquor license drugstore, (See City's exhibit and map defining neighborhood and location of existing outlets) ; that a majority of the residents within the neighborhood and the business owners and managers, approximately 3,072, opposed the issu- ance of the license on the basis that the neighborhood is adequately served by the existing outlets. The applicant presented 3,200 valid signatures supporting the issuance of the license, that two-thirds, or 2,108 of those signatures were those of patrons of Cinderella City Shopping Center, and City Council finds and concludes that it is bound by the statement of the Supreme Court in Canjar ~· Huerta, 193 Colo. 308, 566 P.2d 1071(1977)~n which case the Supreme Court stated as follows: "In making a licensing decision, the relevant consideration is neither the needs of the applicant, nor even the desires of the patrons." Also citing Board of County Commissioners v. Bova, 153 Colo. 230, 385 P.2d 590 (1963). -3- I • - - .; • • • • Consequently, the desires of the 2,108 patrons of Cinderella City may not be considered, so City Council concludes, under these circumstances, the vast majority of the residents of the neighbor- hood are opposed and do not desire the issuance of the license and that the existing similar licenses are adequate to serve the reason- able needs of the neighborhood. ADOPTED AND APPROVED this 4th day of February, 1980. Eugene L. Otis, Mayor Attest: ex officio C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and fore- going is a true, accurate and complete copy of Resolution No. _____ , Series of 1980, passed by City Council on the day of February 1980. -- Gary R. Hl.gbee -4- I • • - ,, • • • • City of Englewood MEMORANDUM TO: Mayor and Members of City Council FROM: Bernard v. Berardini, City Attorney 3400 S . Elatt Street Eng-..od, Colorado 110110 Phone (303) 761-1140 SUBJECT: Lease Extension Agreement -Continental National Bank DATE: January 31, 1980 I have contacted Roland Muhrer, Vice President of Marketing for Continental National Bank, regarding t .he annual increase in the Lease Agreement Extension for radio transmitting equipment atop the Continental National Bank Building. Mr. Muhrer indicated that the bank is not the owner, but a tenant, and referred me to the leasing agent, who is Shirley Penn. I contacted Ms. Penn and she advised me that the owners of the building were not in the city, one residing in Santa Fe and the other would not return until late March or early April. I requested that the owners reconsider the $70 annual increase on the basis that the city is providing radio communication involving an essential service, and the Council felt that no increase should be imposed for the following five-year term. She advised me she would contact the owners and respond to Council's request at the earliest po.ss~ble time. ~ ~-.1~----." / -, __ bb I . - - • • • • • • 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 . El•ti Street Engl-ood, Colorado 80110 Phone (303) 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 t 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 • - ( • • •I • • • • LEAS£ AGR[[M[NT £X HilS I ON Con t in~nt~l Nat iona l Ba nk of Englewood and Bannock Street Auoc.i a u~§o and t he Ci t y o f En glewood , i~ nereby ektf!'ndt"d f o r a n •dd i tional f ive (S) years beginnin9 January I, 1980 . All Sect i on\ as out 1 ined in lease Agreement dated Janua r y IS .· 1969 shall rema in in effect. e xceP t : ~nnua l con ~i derati on of !tai d lease Ag rl!ement (xt{"n!tion sholl be T\10 HUN~RED F ifTY AND ll0/100 DOLLARS ($7.~0 .00), beginnin g J .:mu.Jr \' I, Dat ed : l•ecemhcr I, 1979 1980 . CITY OF ENGLEWOOD, COLOk AOO By Ma yor CO NT INENTAL NATIONAL BANK By P r esi d e nt IJ ESTERil PR OPERTY AA NAGEMENT CO ., a s Agent for Contincnl<JI Uational Bank Su i !ding, Jo int Venture 3150~1 , Englewood, Colorado By Pre si d e nt • I • • - • • - LtA~E AGHEEMI·.NT r:u l o , J utl lJ...t/HltJ...:k Stn·l'l A ssoc iat~s. !l ~l !\li.:tropoliun DuildwJ.:. O...·n \t..T , Co l o- n.:pc.A.Lcrs ~auv the Contincutal S :Jtiunal Bank Ou tldmg. :;;JJ:J South U.m no clt Stn•,•t , £ngh:v.·ood. Colorado. II" I l"N ESSI :Tll : Natiorut.l J:bnk Build ing , :1:!:;3 SJuth U....nnodi :::)t n ·,•t . l·nglt.·wu u d, l'ul ul".tdu. 10 Uc u.aed by City fo1 · lht..• purpose ul m.sWliliiJ; :.md m ~m l.ttnant:, C1 t~··s J'adw J't·pc..•a t, r s (pohct.', fire and puiJla: wo rks) wuhan :t nh:nna nut tu '''"-'l 't ·d l urty (-W) f~..·c..•t hcaJ:hl for .m d ua considcr:.t t lu n o f th~..· :t nnua l s um of Onl' llunct n .. t I 1 ~hl\' a net no /100 IA>lla•·s (.$1 U.OO). ~-City aJ.;:rt.•t.·s to "urk wath the :a r c httcct and .tnv ot.hl..-.tppt'UJH 'i- ate pa··tu·s c.k •st;..:-natcd Ly U:tnJ , 111 the phy s ical lnsL.tll :ti!Oil :tu,f lut ·:l lt u u u t t ht · r».dio n ·pcatct· ant.l antenna a nd lo obta in s a ut p :artu:.s ~ippr·o,·:ll JH'UII' to the m- stallati?n, ~£.!..!.Q.!!..l . C ity here!"· :IJ.:I"t·t•s Lo Sa \'c .:.and hold h ~11 ·mJ...•ss B.mk ft·ona l 1a - lulrt) wltu.:h m1g ht ,II'!S t · Cr·u n 1 :,.Jul rll "i lall :t ltu n ;and drw ~ ha·r'l·l " ·'l~•·•·•· '" lll.l rnl.r nt 111 :-.ll r':tll l't ' 1'11\l 'l lll ;! l il u-.. rn:-.t.t l l.r l tolt H I l l11 • .ttl'l •llllll ol :f'IHO IHIH ..::tHU .Htlll l;t 'l h 'l ',l l l.rahiiH) pl u ~ ·-:'~.uu o.uu u I \t·a ·::.~ l,a:!lodll\'. ,\ ,.,.,·Jdu·:•l• ul .u -..u ,.ll h ·a· \\Ill !., _§l.:_.c tJ ~n J . Thr• t t..nu s o f t h1 s lt.:.ISt· sh~tll !,,• fo t· a 11\'t' f•l \t ':l l' p <'l'h.u l lw - g i u nm ~.; u n .J.uJ U.i J')' I . I ~{.!1 , .s uhJ t'l'l tu :ltHt llll:t l l t ' :u m u:d l l.llt 'IL tl u pon t '\fll l ',I!Jun • o f lh ~ l t:'I 'Ul u nll'S ::t a•llhl'l' p at I\ :,h.dl 0 •.11 11 ) th•· u lht•t· Jl illl'IV (!h ll tf.t, s 111 .u h .llll.'t • o f :til \' 1 \jil l l llttll ll.ttt • II ( tf.., IIII o Ill (U o';illll l , S.'l'JI UII ~·,, Jtl nl , .1 ~1 1 '1 :0. !11 ''1\t ('t i\ 11g_h t ttl l t 't 't ':o,,.., J., 'tHi lll -..t.•l i.tl t"ll at all t mws . r 'JI'Y ll F I t\t;t I·\\ 4 If If), 1 't tf t 11: \1111 l • Hv __ _ ·-------l\1 .1\11 1'- ., ,\ rT :·:oiT · I • •I • - - ( • • • By ___ ,-J!:· \ . \., Vartnc r n.v __ - .::M.·c r\;t:JI'v • • • / C O~T L'.;l.NTA L !'\A TIUN.\ L f\Al\1..: U.\:>l!':OCh STill I 'T ,\SSOCIATI:S Dated thi s <.la \· of-----------· 1 9f>'l • • : ; C:--..... · . o~o : .-.· .' \ l ' l· ----CI5:::11¥PLP..-.=----...:::::::::I=:~;,::;-_;...:.--..._...-_ .. _. -~j .. - 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 Januar_y_ 31, 1980 8 A BOARD AND COMMISSION APPOINTMENTS INITIATED BY Citl: Manaser ACTION PROPOSED that affOintments be made by Council to the vacancies ~ on various boards and commissions. INTRODUCTION Many vacancies exist and several appointments will soon be expiring on the various advisory boards and commissions of the City of Englewood. It would be advantageous for these appointaents to be made by Council as soon as possible. ( BACKGROUND Listed below are the appointments to be considered: Board of Adjustment & Affeals 2 four-year appointments, both expiring February 1, 1980. Board of Career Service Commissioners 1 four-year appointment, expiring March 15, 1980. Election Commission 1 four-year appointment, expiring February 1, 1980. • Plannins & Zonins Commission 3 four-year appointments, 1 expiring February 1, 1980, 2 held at present time by former Councilmen Smith and Williams; 1 appointment to existing term of office expiring February 1, 1981 (Councilman Bilo) Public Librari Board 4 four-year appointments, 3 expiring February 1, 1980, 1 held at present time • by former Councilman Clayton; 1 appointment to vacancy due to resignation of Paul Busch, expiring February 1, 1982. Retirement Board 2 four-year appointments, both expiring February 1, 1980; 1 appointment to vacancy due to resignation of John Neal, expiring February 1, 1982 Water & Sewer Board ( I • 1 six-year appointment, expiring February 1, 1980. • - - • • • • • - BOARD AND COMMISSION APPOINTMENTS Page 2 Urban Renewal Authority 2 five-year appointments, both expiring February 5, 1980. 2 appointments to vacancies not previously filled, 1 expiring February 5, 1983, and 1 expiring February 5, 1984. REC~TION It is recommended that Council officially appoint individuals of their choice to these offices. SUGGESTED ACTION: MOVED BY ________________________ __ SECOND·--------------------------- YES ________ NO·--------~ABSENT ____________________________________ __ '· , 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 14, 1980 8 A Action Recommendation INITIATED BY ____ ~P~u~b~l~ic~L~i~b~ra~r~y~B~oa~r~d~------------------------------------ ACTI ON PROPOSED __ co_u_n_c_i_l_a..:.p..:.p_o_i_nt_o_n_e_o_f_i_t_s_m_em_b_e_r_s_t_o_s_erv_e_o..;.n__;t_h..;.e_Pu;....b_l:..i_c'----·· Library Board . INTRODUCfiON: 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 member would be valu- able in discussion and development of long-range plans for community library and information services. BACKGROUND : Effective February 1, 1980, there will be five vacancies on the nine-member 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 • • - • • SUBJECT: DATE: • • • MEMORANDUM TO ENGLEWOOD CITY COUNCIL REGARDING A RECOMMENDATION OF THE PUBLIC LIBRARY BOARD Appointment of Council member to the Public Library Board January 15, 1980 At its January 8, 1980, meeting the Public Library Board passed the motion that: The Public Library Board request that City Council appoint one of its members 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 • A I • - • • • • • -------------· • PART I. LIBRARY BOARD BOARD CREATED The Public Library Board shall consist of nine (9) members, eight (8) ap- po inted by Council from citizens-at-large with overlapping terms of four (4) years, and one ( 1) councilman. The City Manager shall appoint a member of the library staff to be an ex officio nonvoting membo?r of the Board. (Amended 5·5· i01 .).): POWERS AND DUTIES The Library Board shall prepare and submit to Council a master plan for the development and maintaining of a modern library system. The Board will cooperate with the City Manager in preparing its annual capital expenditure budget for Council. Th e Board is authorized , subject to Council approval. to cooperate with any public or private agency in obtaining space. or for any Cl t h ~r purpose. The 13oard sh:.tll have the power to administer gifts and trust5 . C!6 :t.~.f :l EXCERPT FROM : Booklet HOME RULE CHARTER, CITY OF E~GLEWOOD, COLORADO Amended November 6, 1973 . • I • - - • • • • • • GUIDELINES FOR TllE ENGLEWOOD PUllLIC LillRARY (Revised and Approved by the Library Board December 26, 19 7 ~) PURPOSE The purpose of the Englewood Public L~brary is to assemble, preserve and <1dminister ill\ org<1ni:.:cd collection of boo ks •md other m<1tcri:~ I :; for u ... use of the Englewood convnunity. 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 hist ory 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 cooper<1tion with community groups. To provide progr<1ms for the community which will promote awareness of the library's resources. To reach out into the conununity to serve through the bookmobile, through small branch libraries, and through special services for the homebound, th e aging and the handicapped. AUTHORITY The final authority f or the determination of library policies is vested in the Englewood City Council, with the advice of the Englewood Public Library Board . DUTIES OF TilE llOARil It shall be the duty of the Library Board to serve as specified in the Municipal Code. The Board shall act ~n an advisory capacity to the staff of the Library; shall maintain a current master plan for the infor- mation of the City Council; shall make long-range plans for housing a;td st<1ff ing the Libr<1ry <1nd s hall procure suitable m<1tcri<1ls for usc therein. The Board shall require from the Director such reports as may be nccess<1ry to keep informed as to the operations of the Library. : • 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 22, 1980 8 B REQUEST FOR OUT-OF-STATE TRIP INITIATED BY ____ ~C~i~ty~M~a~na~g~e~r~-------------------------------------------- ACTION PROPOSED ____ A~p~p~r~o~v~a~l~o~f-=an~o~u~t~-~o~f~-~s~t~a~t~e_t~r~i~p~f~o~r~C~i~t~y~Ha~n~a~g~e~r~t~o---------~ attend the 1980 ICMA Planning Committee The International City Management Association (ICMA) holds a national conference every year in different parts of the country, usually in either September or October. A planning committee consisting of a representative of each state meets early in the year to plan the format for the conference and the ICMA staff then puts together the details. The 1980 conference is at the Catskills Mountains in New York State in September. I have been appointed by our state association as Colorado's representa- tive to the planning committee. The committee will be meeting at the Concorde Hotel in the Catskills Mountains, in February, 1980. Unfor- tunately, in order to get there at the proper time, I will have to leave a day early. I request Council's permission to participate and attend the committee's sessions. It will only meet once. I would estimate that the total cost of the trip will be approximately $600 and the state association will pick up half of the cost • Your consideration is appreciated. {2:i?xt.,~~ AND~C COWN City Manager sb • I • • - • • , . SUGGESTED ACTION: MOVED BY I • r SECOND ABSENT YES NO • -• • • 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 31, 1980 S(c) .~A•fl TRAINING FOR CITY EMPLOYEES INITIATED BY City Manager Nlf'- ACTION PROPOSED. ____ c_ou_n_c_i_l __ f_o_rma ___ l_ly~a~p~p_r_o_v_e __ t_r_a_i_n_in_g~p~r_o~g~r_ams ____ f_o_r_P_o_l_i_c_e __________ ~ and Fire Departments. Background In 1974, our office held some rather extensive discussions with Council concerning training for all city employees. After a review of our training efforts, it was the opinion of this office that we really did not have a training program per se and, as such, were not properly developing and utilizing the skills of our employees. ~ Council concurred in our assessment and authorized the formation of three committees - Fire, Police, and Non-emergency, to come up with some ideas for a comprehensive training program. The Assistant City Manager and Employee Relations Director worked with all three committees. It was the conclusion of the committees and staff that • a specific amount of money should be set aside for training each year and that there should be a centralization and coordination of training efforts. Before, each depart- ment head would merely request funds in his or her budget and there was a wide variety of opportunities available depending on the emphasis the individual department head placed on training . Shortly thereafter, Hr. Hugh Brown was hired as an Administrative Assistant and was put in charge of safety and training. The city put $225.00 per employee in the police department budget, $150.00 per employee in the fire department budget, and $80.00 per non-emergency employee in the Employee Relations budget for training efforts. Training funds were no longer budgeted in each separate department with the exception of funds for the department head to attend the annual conference. Current Status We have felt that this effort has worked well and definitely has been of benefit to the employees and ultimately to the City. As you know, Hr. Brown has left the City and since his position is not to be filled, the Employee Relations Director will fulfill these respon~ibilities. Each year at this time we send the training proposals of the three groups to Council for your approval. The proposals must be in accordance with the allotted funds set aside and mentioned previously. This year, because of the recent leaving of Hr. 1 Brown, we have not been able to put together a comprehensive program for non- emergency employees. Therefore, we are only transmitting those for police and fire and ask for your approval. • I • - - • • Item S(c) Page 2 Out-of-State Trips • • • I would also like to review with you the policy of out-of-state trips since this subject seeas to come up for discussion every year and sometimes is a source of con- flict. The policy before 1974 was that anyone in the organization could go on an out-of-state trip if recommended by the City Manager and approved by Council. Trips were not actually approved at budget time but rather during the year as they came up . In 1974 vben the budget crunch hit. out-of-state trips were limited to only department head personnel and above. and for department heads. they could only make one trip per year unless otherwise authorized by Council. Trips were included and authorized by the adoption of the budget. Any exceptions had to be approved individually by Council . In 1978. this policy was changed and it was decided that out-of-state trips would be approved as part of the co.prehensive training program submitted to Council. In this way. we do not have to continually come back to you for approval and take up your time. Out of the funds available for non-emergency employees. we set up $4.000 for trips. $2.600 to be used for schools or special training programs and is available to all employees. and the reasinder $1.400 for trips of a conference nature. The latter is for our higher level employees primarily those in the mid-management group. Due to the limitation of funds. the same employees naturally cannot go every year . Approval is required of both the Employee Relations Director and myself. Naturally. any trips over and above the $4.000 for non-emergency employees. or the specific ones listed in the police and fire proposals. have to come back to Council for approval. Conclusions and Recaa.endations I recommend approval for the attached training programs for the Police and Fire Depart- ments • SUGGESTED ACTION: MOVED BY _________________________ _ (I SECOND ___________ _ YES ________ ,NO ______ ~ABSENT ___________________________________ __ • I • - • • • • • • M E M 0 R A N D U M ' '~ TO: Andy McCown, City Man~'g~r FROM: Robert R. Holmes, Chief of Police DATE: January 25, 1980 SUBJECT: 1980 POLICE DEPARTMENT TRAINING PROPOSAL To facilitate an increase in the efficiency and effectiveness of each individual employee and the police department as a whole, the following training proposal has been developed for 1980. Command Staff (Captains and Lieutenants) Training in this area will emphasize the development of management and leader- ship skills, as well as education in innovative police programs, methods and concepts that the department may initiate. Special attention will be given to developing skills in the areas of managing by objectives and results, productivity improvement, and team building. First Line Supervision (Sergeants) Training in this area will emphasize the development of supervisory and leadership skills. Special attention w.ill be given to pe.rsonnel evaluation, personnel development and productivity improvement. Investigators Training in this area will emphasize the further development of technical skills in the areas of crimes against persons, property, and intelligence gathering. Special attention will be given to increasing awareness of new and innovative methods, concepts, and techniques of criminal investigation. Patrol Officers Training in this area will emphasize development of skills in the areas of crime prevention, community relations, and technical competence in traffic accident investigation, enforcement and prevention. Special attention will be given to operational aspects of productivity improvement, physical fitness, and firearms proficiency. I • - • • • • • -2- The following positions are not covered under the police training budget, however, training in the following areas is considered essential for operational proficiency. Support Service Technicians Because of the recent merging of the law enforcement aide and emergency communicator positions, an intensive cross-training program in all aspects of emergency communications functions and records functions must be under-taken. Special emphasis will be given to developing skills in basic NCIC/CCIC operation, legal aspects of police records, and public service improvement. Senior Support service Technicians The position of senior support service technician is a newly created lead- worker/supervisory position. Special emphasis will be on developing basic supervisory skills, work planning skills, and technical competence in overall unit functions. Lab Technicians Training in this area will emphasize further development of technical skills in evidence evaluation and analysis,and crime scene processing . Animal Wardens Training in this area will emphasize the safe, humane handling and care of animals, use of the tranquilizer gun, and human relations skills. The means by which the above training proposal will be accomplished is as follows: Out-of-State Schools Two out-of-state schools approved for 1979 were not attended due to unavail- ability of space and staff shortages. These were: Management of Police Records and Communications San Diego, California Management of Police Discipline San Francisco, California Therefore, we are requesting approval of two schools this year. • I • • - • • • • • -3- Management of Major Emergencies California Specialized Training Institute San Luis Obispo, California One lieutenant Cost $600.00 Management of Police Records and Communications International Assn. of Chiefs of Police San Antonio, Texas One lieutenant Other out-of-state schools are: F.B.I. National Academy Quantico, Virginia Cost $1,000 September, October, November 1980 One captain Tuition, transportation, lodging and meals provided by FBI Since this school is a 3-month school with all expenses paid by the federal government, we are requesting sufficient additional funds to allow the attending officer one return trip home and back during the three months. Cost $400 Traffic Police Management Program National Traffic Management Institute Central Missouri State University, Warrensburg, Mo. One lieutenant Tuition, transportation, lodging, and meals provided by the Division of Highway Safety Since this school is a 3-month school with all expenses paid, we are requesting sufficient additional funds to allow the attending officer one return trip home and back during the three months. Cost $300 F.B.I. Sessional Retraining Cheyenne, Wyoming Two captains Cost $300 Northern Colorado and Southern Wyoming Law Enforcement Assn. Homicide School Cheyenne, Wyoming Two investigators Cost $300 Western States Safe and Burglary Investigators Conference Location and dates not available at this time. Two investigators Cost $1,000 I • - • • • • • • -4- Federally Funded Schools Requiring no City Expense (One week) D.E.A. Narcotics Investigation One investigator F.B.I. Advanced Latent Fingerprint Examination Hosted by the Englewood Police Department Two crime scene specialists F.B.I. National Academy, Quantico, Virginia Hostage Negotiation School One sergeant F.B.I. National Academy, Quantico, Virginia Criminalistics One crime scene specialist In-State Trainin~ The Regional Law Enforcement Association, in cooperation with DRCOG, has established a police in-service training program providing a number of training seminars throughout the year. Other than regular salaries, no expense is involved as we are grant participants. The Colorado Law Enforcement Training Academy provides a number of one and two-week technical in-service training programs throughout the year. A schedule for the entire year is unavailable at this time. Expenses for these classes are minimal, ranging from $25.00 to $65.00. Meals are provided and regular salary is the only other expense. There are a number of one and two-week training seminars that are not preannounced a year in advance that the department participates in when it is recognized that these may be of superior quality. Therefore, a request is made for the following funds to enable us to send personnel -$2,000. It is the intent of the department to provide a m1n1mum of 40 hours of in- service training to all personnel during the year. In-service Training Programs Two-day command staff retreat, The purpose of this staff retreat will be to evaluate the past year's performance against previously established object- ives. New objectives will be developed and synthesized into a department performance program for the next year. Emphasis will be on developing a team approach to the operation of the department. Three-day command staff retreat, The purpose of this staff retreat is to provide a condensed graduate level executive leadership development course. A consultant will be utilized to provide the required expertise • • I • - • • t.i( • • • • -5- Three-day supervisors' training session. The purpose of this training session will be to provide essentially the same leadership development course to super - visors as to command staff. The same consultant will be utilized to insure consistency. It is felt that the emphasis on developing leadership skills will result in better management of the department. Eight-hour command group training session, The purpose of this training session is to enhance the skills of command and supervisory personnel in the area of employee perfo~nce evaluation. The need for objective, competent evaluations is imperative and it is felt that this is a priority at this time. The department publishes a training bulletin bi-monthly. This bulletin addresses specific problems of departmentwide concern, court decisions, revisions in laws, and general interest information to assist the officer in the performance of his duties. Costs are minimal as the training bulletins are printed in-house through Central Services. The firearms proficiency training program will be severely restricted in 1980 due to the loss of the police firing range. It is unknown at this time when a new facility will be completed. Every effort will be made to use facilities at the Colorado Law Enforcement Training Academy. However, availability is very limited. This training is of a priority nature because of the liability involved and the safety of the officer and the public. The department has four certified instructors who provide the training and inspect weapons for safety and operating condition. Training will be given in handgun and shotgun care and use. Roll Call Training The patrol division watch/team schedule provides for one overlap day per week and overlap hours each day wherein training can be provided on a variety of topics. Additionally, the 15-minute briefing session is also utilized for short training topics. Supervisory personnel generally conduct the roll call training. Recruit Training Recruit training is a mandatory requirement established by Colorado state law and requires that every peace officer be certified as having met the training requirements within one year of appointment. The training consists of 400 hours (10 weeks) of classroom training and 40 hours of on-the-job training. The training must be received at an accredited police training academy. The depart- ment currently uses the Colorado Law Enforcement Training Academy and the R.L .E.A. Basic Training Academy for this purpose. Reserve Officer Training The department is actively seeking new reserve officers. Consistent with that effort, it is anticipated that a basic recruit academy lasting for 22 weeks, three hours per week, will begin approximately March 1st. In-service training will be conducted on a monthly basis at reserve meetings and firearms proficiency training will be conducted at least six times • I • - - ( • • • • • • -6- Training for Civilian Personnel Training for support service technicians is conducted by the Colorado Bureau of I nvestigation and the Colorado Law Enforcement Training Academy. A.P .C.O. is currently developing a number of training programs that will be presented at various locations within the state. Special attention will be given in areas of records management, computer use, and communications skills. Lab technicians will be trained in areas of forensic science, fingerprint analysis, and evidence evaluation at courses offered through the Colorado Law Enforcement Training Academy and at various seminars that are announced from time to time. Chief of Police I • - • • (( • • • • M E M 0 R A N D U M TO: Andy McCown, City Manager FROM: Robert R. Holmes, Chief of Police DJ\TF.: January 25, 1980 SUBJECT: 1979 TRAINING 0.:! f'' In evaluating training which occurred in 1979 against specific objectives that had been developed, I find that we generally achieved those objectives with some exceptions. What was not accomplished was the direct result of three primary things. These were: 1. Change of personnel in training which affected the consistency in the training effort. 2. Loss of the police pistol range for the golf course expansion. 3. The restructuring and relocation of the Regional Law Enforcement Training Academy. These were problems that we had little control over, but had an impact on what we had hoped to do. On the positive side, we met our objectives within the command staff in terms of developing performance objectives, staff skills, and working more as a team management group. This was accomplished in our staff retreat and was generally very good. We hope to continue this program in 1980 to further enhance our staff capabilities. In the area of supervision, we provided a good deal of training through Northwestern University Traffic Institute. D.R.C.O.G. sponsored this SO- hour supervision program, and it was very well received. Technical training to subordinate officers in patrol, investigations, and support services was fairly consistent, and produced results in terms of skill development which is reflected in day-to-day job performance. It is hoped that in 1980 a more consistent and concerted training effort. will be accomplished with a minimum of disruption that we experienced in 1979. ~4<-. / ----~ ..-? " ~~~mes~ Chief of Police • I • - • • • • • • ENGLEWOOD FIRE DEPARTMENT TRAINING REPORT 1980 Our goal in 1980 will be to improve and expand the training program developed and implemented in 1979. To facilitate your understanding of what we are attempting to accomplish in our training program, we will first report on our achieve- ments in 1979, then state our training goals for 1980. 1979 The training goal for the department was to develop a comprehen- sive training program that would increase our professional com- petency within each area of responsibility. Several programs and activities were undertaken, including many classes, schools, and seminars that were offered and attended. Every member of the department was involved in one way or another. The most comprehensive and in-depth program was the implementa- tion of the certification program for firefighters. In March we began this extensive training program for basic level fire- fighter certification, following the guidelines of National Fire Protection Association Standard 1001. This certification program involves nationally recognized standards for competency and achievement of skills, development of technical proficiency, and academic knowledge. This program is an in-depth coverage of twenty-eight subject areas, and it is the goal of the depart- ment to complete the program by December 31, 1981. We feel all firefighters will not only be eligible to be certified by the state of Colorado in 1981, but, as a result of their partici- pation in this program, and more importantly, they will become more proficient, knowledgeable, and competent firefighters. Subjects were extensively covered in 1979 by the Training Divi- sion and through presentations by the line lieutenants. Once each subject was taught, all personnel were tested on the sub- jects by written and, when applicable, practical tests. The subjects covered were: 1) Orientation 5) Forcible Entry 2) Extinguishers and Agents 6) Rescue Practices 3) Tools and Equipment 7) Fire Streams 4) Water Supplies • I • - - • • • Training Report Page 2 • • • We have implemented the same certification training for the Volunteers, but at a slower pace. The Emergency Medical Service program has continued to grow and the department has and is continuing to provide this service in the most professional manner. During the year, two personnel were trained at Swedish Medical Center in their ten-week para- medic school. This brings our total to thirteen (13) active paramedics. Also, in 197~ eighteen personnel were certified by the state of Colorado as Emergency Medical Technicians, after completing an extensive 120 hour course. Promotional examinations are a very important part of the train- ing division's responsibilities. During the year, with input and guidance from the fire chief, the training division compiled and administered two promotional exams for the position of Driver-Operator-Engineer and one promotional exam for the position of Lieutenant. Here again, in order to achieve the profession- alism the department is seeking, many hours were devoted toward the formulation and administration of these promotional ex.-a. During the fourth quarter of the year, the training division de- voted many hours to compiling and administering written and prac- tical tests for all Driver-operator-Engineers. These tests were designed specifically to determine levels of competency, and to assist in the development of a D-Q-E certification progr .. , to be implemented in 1980. OUr on-going quarterly and yearly testing of probationary members has definitely proven to be an asset to both the individual and the department. The department has set some high standards of skills and knowledge levels, and our personnel are definitely meeting and/or exceeding the required levels . -2- I • - • • • Training Report Page 3 • • • There were many classes and seminars, both in-state and out- of-state, attended during the year. SUMMARY OF TRAINING SCHOOLS (IN-STATE) Class or Seminar Hazardous Materials Seminar Denver Arson Seminar Plan Review Seminar Leadership Seminar Supervisory Development Colorado Fire Marshals' Seminar International Association of Electrical Inspectors Conference International Society of Fire Service Instructors Management by Objectives D.R.C.O.G. CLASSES: Planning for Fire Services First Line Supervision Stress Management Personnel Management Number of Personnel 5 2 3 4 2 4 2 2 8 4 4 2 4 SUMMARY OF TRAINING SCHOOLS (OUT-OF-STATE) Seminar and Location International Fire Service Training Instructors Conference, --Memphis, Tenn. United States Fire Administration Fire/Arson Conference, --Minneapolis, Minn. The Measurement of Building Fire-Safety, --Worchester, Mass. and Madison, Wisconsin -3- Number of Personnel 1 2 2 • Man Hours 120 80 72 64 80 96 48 26 16 64 64 32 64 Man Hours 40 120 40 I • • - - • • • • • • Training Report Page 4 OTHER RELATED STATISTICS Continuing Education for Paramedics offered by Swedish Medical Center --Classroom at SMC Hours offered = 82 --In-house at Jefferson Station Hours offered 82 Training for Lieutenants 21 Sessions Training for Volunteers 24 Sessions Joint Training Sessions with Littleton Fire Department (70 personnel) 9 Sessions Testing of Probationary Firefighters 32 Tests Given Classes on Arson Detection and Evidence Preservation 6 Sessions -4- • 42 Manhours 48 Manhours 16 7. 5 Manhours ·12 Manhours I • • - - • • 1( • • • • Training Report Page 4 OTHER RELATED STATISTICS Continuing Education for Paramedics offered by Swedish Medical Center --Classroom at SMC Hours offered = 82 --In-house at Jefferson Station Hours offered 82 Training for Lieutenants 21 Sessions Training for Volunteers 24 Sessions Joint Training Sessions with Littleton Fire Department (70 personnel) 9 Sessions Testing of Probationary Firefighters 32 Tests Given Classes on Arson Detection and Evidence Preservation 6 Sessions -4- • 42 Manhours 48 Man hours 16 7. 5 Manhours ·12 Manhours I • • - r • • ( • Training Report Page 5 1980 • • • The training goal for the Englewood Fire Department will be to improve and expand the training program that was developed in 1979, in order to more fully increase our professional competency within each area of responsibility. I. CERTIFICATION A. Firefighter III -The goal is to have all suppression personnel certified at this level by December 31, 1981. This program covers 28 subjects, of which nine (9) were covered in 1979. We will cover another 12 subjects (1 per month) in 1980 and the remaining 11 in 1981. By achieving this goal, all Englewood firefighters will be certified by the state of Colorado and will meet nationally recog- nized standards for a basic level firefighter. B. Driver-Operator-Engineer -This certification program will be 1mplemented 1n 1980. All D-O-E's will meet these national standards by December 31, 1981. D-O-E's must be certified Firefighter III before being certified D-0-E. c. Fire Officer I -This certification program will be 1mplemented in 1980. All fire officers will meet these national standards by December 31, 1981. Fire officers must be Firefighter III certified before attaining officer certification. D. Volunteers -Our goal is to certify all Volunteers at the F1ref1ghter III level along with all suppression personnel. In that time is a factor for our Volun- teers, achievement of Firefighter III may not be achieved by 1981. II. COMPANY TRAINING - A skill maintenance program will be implemented in 1980. This will involve the setting of standards for individual, company, and multi-company operations. It is also planned to incorporate this into employee performance evaluations and company and shift performance evaluations. III. DRILL TOWER -This facility is shared with Littleton and Castlewood, and the maintenance, allocation of time, and the cost of purchasing training supplies are divided on an equal basis. Our major capital expenditure this year will be the construction of a "burn building". This -5- • I • - ( • ( • Training Report Page 6 • • • building will be designed to facilitate actual fire fighting conditions, etc. The major operational expenditure for this year will be the installation of a standpipe and a partial sprinkler system in the existing training tower. IV. EMERGENCY MEDICAL SERVICE -This service is responsible for over 70 percent of fire service emergency incidents. Training to cope with this high rate of incidents is received at two levels: 1) Emergency Medical Technician: A job requirement for Battalion Chief and below is to be a certified Emergency Medical Technician (EMT). This goal will be realized by September, 1980. 2) Paramedic: The department's goal is to have eighteen (18) paramedics on line to man two (2) rescue units and fill in for vacations, sick, etc., and to have trained personnel available in the event of a major disaster. Five (5) personnel will attend the 440 hour (11 week) course given by SMC. V. PHYSICAL FITNESS -Extensive testing of individual capabilities by University of Colorado has resulted in a mandatory physical fitness program for all fire department em- ployees. A program has been developed, based on in- dividual fitness, monitored quarterly to record pro- gress. This will result in a much more efficient and effective fire department, while reducing loss of productivity through illness or injury. VI. TRAINING SCHOOLS (IN-STATE} A. Denver Arson Investigation Seminar This ~s a bas~c and cont1nu~ng education program for arson investigators. This is a four-day course and we will send five (5) line personnel to this school. B. Fire Service Instructors Training Course Th1s 1s a three-day course which w1ll be hosted by the Englewood Fire Department and will be sponsored and conducted by Community College of Denver-Red Rocks and Colorado State University. We are sending ten (10) line and staff officers. In addition, there will be fifteen (15) officers from other departments in the class. -6- • I • - • ( • • • • Training Report Page 7 c. Sufervisory Development Th1s is an Introductory course to supervisors. It is a five-day course taught in the Denver area. Three (3) of our newly appointed lieutenants will attend. D. Colorado Hazardous Materials This is a two-week sem1nar that will be held in the Denver area. Five (5) of our personnel will attend this course. E. National Fire Academ T 1s 1s a two-wee nat1ona hosted in the Denver area. It is a very comprehensive course designed for arson investigators. We will send our three (3) shift arson investigators. F. the Trainin Function G. H. T 1s 1s a so a nat1ona sem nar that will be held in the Denver area. It is a five-day course and is designed for training division management. The training division head will attend this course. International Fire Service Traininf Association Seminar Th1s 1nternat1onal assoc1at1on wil hold several seminars in the Denver area, as in the past. They offer a variety of courses pertaining to instructing, leadership, manage- ment, etc. We do not have definite confirmation as to length and number of classes. We intend to send ten (10) personnel to these classes. National Fire Prevention Association Seminars This organ1zat1on w1ll hold locally a var1ety of seminars dealing with topics such as life safety, fire codes, etc. We do not have confirmation on the number or length of any of the seminars. We have budgeted to send ten (10) personnel to these seminars. VII. TRAINING SCHOOLS (OUT-OF-STATE) A. International Fire Chiefs Conference Th1s 1s a yearly five-day conference that is being held in Miami, Florida this year. The deputy chief will attend this conference for purposes of professional development. -7- • D I • - ( • • • • • • Training Report Page 8 B. U.S.F.A Fifth National Fire Conference This 1s a comprehensive conference be1ng held in New Orleans and is strictly designed for fire chiefs and arson investigators. We are sending our chief arson investigator. C. Fire Service Staff and Command Course This is an e1ght-day comprehens1ve course that is being held at the University of Maryland, Baltimore, Maryland. Advanced methods of supervision, stress management, communications, etc. are offered in this course. One (1) battalion chief and one (1) captain will attend. D. N.F.P.A. Hazardous LiSuids Seminar Th1s sem1nar 1s a nat1onally recognized course and is designed to deal strictly with hazardous liquids. This is usually a five-day course, but as of yet we do not have a confirmation on the length of or the location where the course will be held. We have budgeted for one (1) captain from the Fire Prevention Bureau to attend. E. F. United States Fire Administration Cluster Courses The National Fire Academy, for the f1rst t1me th1s year, is offering a wide variety of courses through their "out-reach program". These courses are government funded and are relatively inexpensive. The five courses on public fire education aredesigned to prepare fire service personnel as instructors of community fire safety programs, and to provide them with the necessary skills to train prospective trainers. We will send the public education captain from the Fire Prevention Bureau to this seminar. G. Measurement of Buildin T 1s 1s a 1ve-ay course t at 1s eld in Worchester, Mass. and is sponsored by Worchester Polytechnic Institute. This course has taken an innovative approach to solving our nation's fire problems, and is almost a necessity for our fire prevention program. We will send the fire marshal to this course. -8- • I • - - ((t • ( • • -· • Traininq Report Paqe 9 SUMMARY OF TRAINING EXPENDITURES I. Technical Traininq A. Company In-Service Traininq B. D-0-E Traininq c. Fire Officer I D. Volunteer Traininq E. Probationary Firefiqhter II. Company Traininq A. Drill Tower III. Emerqency Medical Services A. EMT B. Paramedic IV. Traininq Schools (In-State) v • Traininq Schools (Out-of-State) -9- $ 1,000.00 $ 4,400.00 $ 2,000.00 $ 5,600.00 I . - - ( • • BY AUTHO RIT Y ORDINANCE NO. SERIES OF 198"0 __ _ A BILL FOR • • • COUN CIL BILL NO. ~ ~E DB Y AN ORDINANCE VACATING A CERTAIN ALLEY LYING BETWEEN SOUTH ACOMA AND SOUTH BANNOCK STREETS, NORTH OF WEST JEFFERSON AVENUE AND 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 sajd alley be vacated and that the excess right-of-way be retained to provide ac c ess t o 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 a me n ded, and title thereof shall vest in the owners of the abutting la nd as provided in said Article, said vacated land being more p arti- cularly described as follows: That certain public alley adjoining Lots 9, 1 0 , 11, 12 and 13 on the west; and Lots 4, 5, 6, 7 and 8 on the east of Block 4, ENGLEWOOD HE IGH TS, Arapahoe County, State of Colorado . Section 2. The hereinabove described land is located entirely with~n the City of Englewood a n d does not constitute a boun d a r y line between the City of Englewood and any other county or o ther 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 • ...... ...... I ( • • • 1 Section 4. The City of Englewood does hereby expressly reserve ~~~~~ r1ght-of-way or easement for the continued use of existing sewer lines and appurtenances, and for ditches or canals and appurtenances, for electric, telephone and stmilar lines and 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. Eugene L. Otis, Mayor Attest: 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 • •