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Home My WebLink About1980-02-19 (Special) Meeting Agenda- • ) _ City Council Meeting -Special February 19, 1980 ~ ( • • • 0 _/ - r • • • • • • --.. ----- CITY COUNCIL MEETING february 191 1980 RESOLUTION I .1. 6 I 7 I 8 I 9 ORDINANCE #~4~ 5 1 6 1 r • • 0 0 • I I . - • • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO February 19, 1980 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on February 19, 1980, at 7 :30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Fitzpatrick. The pledge of allegiance was led by Boy Scout Troop #154. Mayor Otis asked for roll call. Upon a call of the roll, the following wer.e 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 Utilities Fonda Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER KEENA MOVED TO ACCEPT THE MINUTES OF THE SPECIAL MEETING OF JANUARY 28, 1980. Council Member Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE MINUTES ( OF THE REGULAR MEETING OF FEBRUARY 4, 1980. Council Member Bradshaw I • - • • • February 19, 1980 Page 2 seconded the motion. as follows: Ayes: Nays: • • • Upon a call of the roll, the vote resulted Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis noted time limits had been placed on the agenda for visitors' presentations and asked that people try to restrict their presentations to within these limits. , * * * * * * Mayor Otis presented Stewart Fonda, Director of Utilities for the City of Englewood, with a commendation from the Council as recognition for Hr. Fonda's receiving the 1980 Best Paper Award by the American Water Works Association, Management Division. Mayor Otis stated the Association stated in a letter that Hr. Fonda's paper offers a valuable management tool in presenting an analysis of costs for new facilities as translated into service charges to allow for a more equitable recovery from different customer classes. Hr. Fonda thanked the City for allowing him to partici- pate actively in the Association. * * * * * * Hr. David Carey, 5601 South Broadway, Littleton, appear- ed before Council. Hr. Carey stated he was an attorney represent- ing Mrs. Mu Cha Mullins in an application for a Health Therapy Facility (Massage Parlor) at the proposed location of 4730 South Broadway. Mr. Carey requested Council to set a public hearing date and establish the boundaries for the neighborhood for peti- tioning. COUNCIL MEMBER FITZPATRICK MOVED TO SET THE PUBLIC HEARING DATE ON APRIL 14, 1980, AT 7:30P.M. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None • • I • - ' • • l • February 19, 1980 Page 3 • • • The Mayor declared the motion carried. COUNCIL MEMBER KEENA MOVED TO SET A RADIUS OF ONE MILE FOR THE DESIGNATED NEIGHBORHOOD. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER HIGDAY MOVED THAT THE POSTING OF THE PREMISES BE DONE TWENTY-FIVE (25) DAYS PRIOR TO THE HEARING. 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. In response to City Attorney Berardini's questions, Mr. Carey stated he had no objection to the date, boundaries, or required posting. Mr. Carey stated the applicant has sup- plied funds to hire a survey firm to petition the neighborhood. City Attorney Berardini stated Mr. Max Scott of Oedipus, Inc. would be conducting the survey and asked that Mr. Carey be given the firm's address. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO BRING FORWARD AN ITEM UNDER COUNCIL MEMBER'S CHOICE -CONSIDERATION OF A PROCLAMATION TO ENGLEWOOD HIGH SCHOOL FOR THE MUSICAL PRO- DUCTION OF "OKLAHOMA". Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • None. • I • - • • • • February 19, 1980 Page 4 The Mayor declared the motion carried. COUNCIL MEMBER FITZPATRICK MOVED TO PASS THE PROCLAMATION DECLARING FEBRUARY 25 -MARCH 1, 1980, AS OKLAHOMA WEEK FOR ENGLE- WOOD HIGH SCHOOL. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis presented the proclamation to John Loher, a student at Englewood High School. Mr. Lober thanked Council for this recognition. were: Page 1 Page 6 * * * * * * There were no other visitors to be heard at this time. * * * * * * "ColllllUnications -No Action Reco11111ended" on the agenda (a) (b) (c) (d) Minutes of the Board of Career Service Com- missioners meeting of December 13, 1980. Minutes of the Planning and Zoning Commission meeting of January 8, 1980. Municipal Court Activity Report for the month of January, 1980. Financial Report through December, 1979. City Manager McCown noted the following changes to (d): General Sales & Use Tax Occupational/Franch. Tax General Government $6,184,389 Last Year To Date Last Yr '1. 110% Date$ 525,693 Last Year To Last Yr. '1. Yr-To-Date Rev. 111'1. $ 294,180 General Sales & Use Tax should be Auto & Bldg. Use Tax Selective Sales & Use Tax should be Amusement Tax • I • - • • ( • • • • February 19, 1980 Page 5 Page 8 The amount for Water Sales under Budgeted Revenues were actually reflected under Yr-To-Date Revenues for Water Sales, Water Connection Charges and Raw Water Sales. COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE "COHHUNICA- TIONS -NO ACTION RECOMMENDED" WITH THE AMENDMENTS AS CHANGED ON (D). Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented the minutes of the Election Commis- sion meeting of January 28, 1980 with a Resolution concerning the selection of a committee to review the election procedures. COUNCIL MEMBER KEENA MOVED TO APPROVE RESOLUTION NO. 1, SERIES OF 1980, OF THE ELECTION COMMISSION. Council Member Fitzpatrick seconded the motion. Council Member Neal stated he was unclear on the need for a committee to review election procedures since the proce- dures themselves were fairly specific and the Election Commis- sion's responsibility was to assure the procedures were perform- ed. Mr. Neal stated he did not understand what the committee would be expected to do differently than what the Commission did itself. COUNCIL MEMBER NEAL K>VED TO TABLE THE MATTER. Coun- cil Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Counc i l Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council instructed City Manager McCown to place the Elec- tion Commission's resolution on the study session agenda for Febru- ary 25, 1980, and to have Mr. Higbee and another Election Commis- sion member. present to be prepared to discuss the recommendation. * * * * * * • I • - • • • February 19, 1980 Page 6 ORDINANCE NO. 3 SERIES OF 1980 • • • BY AUTHORITY 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 CERTERRIAL PARK. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 4, SERIES OF 1980, ON FINAL READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Rays: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a resolution con- cerning the acquisition of property for right-of-way on Little Dry Creek. COUNCIL MEMBER NEAL K>VED TO DELETE FROM THE RESOLUTION ' SECTION 2 FOR THE GREEN SPACE AND TO ADD "OR DAMAGES" IN SECTION 3 FOI.LOVIRG THE WORDS "PROPERTIES TO BE TAKEN". Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • None. The Mayor declared the motion carried. RESOLUTION NO. 5, SERIES OF 1980 A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FEE SIMPLE INTEREST IN CERTAIN LARDS WITHIN 111E CITY OF ENGLE\O>D, COLORADO, TO PROVIDE A RIGHT-OF-WAY FOR CHANNEL IMPROVEMENTS ON LITTLE DRY CREEK FROM SOUTH PLATTE RIVER DRIVE TO SANTA FE DRIVE AM9-GRSKNJgb~T-QPiR&P~I-AND-PARK-PURPO&i& • • I . • - • • • • February 19, 1980 Page 7 • • • COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 5, SERIES OF 1980, AND TO DELETE FROM TilE TITLE "AND GREENBELT, OPENSPACE AND PARK PURPOSES". Council Member Higday 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 the findings of fact, conclusion and denial of rezoning application for Harry G. Wise. Hr. Wise had requested a rezoning for a location in Sandra's Sub- division from R-1-C, Single Family Residence, to R-2 Medium Den- sity Residence. The public hearing was held on January 28, 1980. COUNCIL MEMBER KEENA MOVED ACCEPTANCE OF TilE RESOLUTION DENYING TilE APPLICATION OF HARRY G. WISE FROM R-1-C SINGLE FAMILY RESIDENCE TO R-2 MEDIUM DENSITY RESIDENCE. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a Council Communication concerning approval of hanging a banner across South Broadway north of U. S. 285/Broadway interchange to announce that April was Cancer Control Month. Hr. McCown stated such request was being made in compliance with the City's Zoning Ordinance. COUNCIL MEMBER HIGDAY K>VED TO GRANT THE PERMIT TO HANG THE BANNER. Council Member Fitzpatrick 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 • - • • • February 19, 1980 Page 8 Nays: None. • • • The Mayor declared the motion carried. * * * * * * City Manager McCown presented a Council Communication concerning the award of bid for Union Avenue Raw Water Line Re- placement Project. Hr. McCown stated the low bidder was H. W. Siddle, Inc. with a bid of $40,060. Staff was recommending acceptance of this bid with a contingency of $3,000. COUNCIL MEMBER BILO K>VED TO AWARD 'mE BID FOR 'mE UNION AVENUE RAW WATER LINE REPLACEMENT PROJECT TO THE LOW BIDDER H. W. SIDDLE, INC. FOR $40,060 WITH A PROJECT CONTIN- GENCY OF $3,000 FOR A TOTAL ESTIMATED AMOUNT OF $43,060. Coun- cil Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis opened discussion concerning the establish-ment of a liquor licensing authority. Council decided to have a town meeting on April 28, 1980, at 7:30 p.m. to discuss establishing a liquor licensing authority and for the purpose of receiving citizen input for same. Mayor Otis asked the reporter from the Englewood Herald Sentinel to publish the notice in the Sentinel. Mayor Otis also asked that a notice be published in the Englewood Citizen • * * * * * * Council Member Higday discussed a senior citizen's con- cern over the rates charged senior citizens to play golf at the Englewood Municipal Golf Course. Mr. Higday stated the gentle- man thought the rates were too high and as a result many senior citizens were going to Denver golf courses • COUNCIL MEMBER HIGDAY K>VED TO DIRECT THE PARKS AND RE- CREATION DEPARTMENT TO TAKE A FURTHER LOOK AT 'mE WHOLE RATE • I • - - • • • February 19, 1980 Page 9 STRUCTURE AND RATIONALE BEHIND THE FEES AT THE GOLF COURSE AND MAD: RE~DATIONS BACK TO COUNCIL. Council Member Bradshaw seconded the motion. Council Member Neal opposed the motion. Mr. Neal stated he felt the current rate structure was appropriate. Upon a call of the roll, the vote resulted as follows: Ayes: CounciL Members Bigday, Fitzpatrick, Keena, Bilo , Bradshaw, Otis. Nays: Council Mellber Neal. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY K>VED TO ADJOURN THE MEETING. Council Meaber Neal seconded the motion. a vote. Mayor Otis adjourned the meeting at 9 :00 p.a. without I . - • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO February 19 , 1980 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on February 19, 1980, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Fitzpatrick. The pledge of allegiance was led by Boy Scout Troop 1154. 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 Curnea City Attorney Berardini Director of Utilities Fonda Deputy City Clerk Vatkins * * * * * * COUNCIL MEMBER KEENA !«>VED TO ACCEPT 'lliE MINUTES OF THE SPECIAL MEETIMG OF JANUARY 28, 1980. Council Member Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER FITZPATRICK !«>VED TO ACCEPT 'lliE MINUTES OF THE REGULAR MEETING OF FEBRUARY 4, 1980. Council Member Bradshaw • I • - • • • February 19, 1980 Page 2 seconded the motion. as follows: Ayes: Nays: • • • Upon a call of the roll, the vote resulted Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis noted time limits had been placed on the agenda for visitors' presentations and asked that people try to restrict their presentations to within these limits. ' * * * * * * Mayor Otis presented Stewart Fonda, Director of Utilities for the City of Englewood, with a commendation from the Council as recognition for Mr. Fonda's receiving the 1980 Best Paper Award by the American Water Works Association, Management Division. Mayor Otis stated the Association stated in a letter that Mr. Fonda's paper offers a valuable management tool in presenting an analysis of costs for new facilities as translated into service charges to allow for a more equitable recovery from different customer classes. Mr. Fonda thanked the City for allowing him to partici- pate actively in the Association. * * * * * * Mr. David Carey, 5601 South Broadway, Littleton, appear- ed before Council. Mr. Carey stated he was an attorney represent- ing Mrs. Mu Cha Mullins in an application for a Health Therapy Facility (Massage Parlor) at the proposed location of 4730 South Broadway. Mr. Carey requested Council to set a public hearing date and establish the boundaries for the neighborhood for peti- tioning. COUNCIL MEMBER FITZPATRICK MOVED TO SET THE PUBLIC HEARING DATE ON APRIL 14, 1980, AT 7:30 P.M. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. • I • - • • ( • February 19, 1980 Page 3 • • • The Mayor declared the motion carried. COUNCIL MEMBER KEENA MOVED TO SET A RADIUS OF ONE MILE FOR THE DESIGNATED NEIGHBORHOOD. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER HIGDAY MOVED THAT THE POSTING OF THE PREMISES BE DONE TWENTY-FIVE (25) DAYS PRIOR TO THE HEARING. 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. In response to City Attorney Berardini's questions, Mr. Carey stated he had no objection to the date, boundaries, or required posting. Mr. Carey stated the applicant has sup- plied funds to hire a survey firm to petition the neighborhood. City Attorney Berardini stated Mr. Max Scott of Oedipus, Inc. would be conducting the survey and asked that Mr. Carey be given the firm's address. * * * * * * COUNCIL MEMBER FITZPATRICK K>VED TO BRING FORWARD AN ITEM UNDER COUNCIL MEMBER'S CHOICE -CONSIDERATION OF A PROCLAMATION TO ENGLE\O>D HIGH SCHOOL FOR THE MUSICAL PRO- DUCTION OF "ORLAHOMA". Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. • I • - • • • • • - February 19, 1980 Page 4 The Mayor declared the motion carried. COUNCIL MEMBER FITZPATRICK t«>VED TO PASS THE PROCLAMATION DECLARIRC FEBRUARY 25 -MARCH 1, 1980, AS OKLAHOMA WEEK FOR ENGLE- WOOD HIGH SCHOOL. Council Kember Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Bigday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis presented the proclamation to John Lober, a student at Englewood High School. Mr. Lober thanked Council for this recognition. were: Page 1 Page 6 * * * * * * There we .re no other visitors to be heard at this time. * * * * * * "Co1111111nications -No Action Recoumended" on the agenda (a) (b) (c) (d) Minutes of the Board of Career Service Com- missioners meeting of December 13, 1980. Minutes of the Planning and Zoning Co1mission meeting of January 8, 1980. Municipal Court Activity Report for the month of January, 1980. Financial Report through December, 1979 • City Manager McCown noted the following changes to (d): General Sales & Use Tax Last Year To Date $6,184,389 Last Yr 7. 1107. Occupational/Franch. Tax Last Year To Date $ 525,693 Last Yr. 7. 1117. General Government Yr-To-Date Rev • $ 294,180 General Sales & Use Tax should be Auto & Bldg. Use Tax Selective Sales & Use Tax should be Amusement Tax • I - • • • • • • • --------- February 19, 1980 Page 5 Page 8 The amount for Water Sales under Budgeted Revenues were actually reflected under Yr-To-Date Revenues for Water Sales, Water Connection Charges and Raw Water Sales. COUHCIL MEMBER BRADSHAW MOVED TO RECEIVE "COMMUNICA- TIONS -NO ACTION RECOMMENDED" Willi THE AMENDMENTS AS CHANGED ON (D). Council Member Silo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented the minutes of the Election Commis- sion meeting of January 28, 1980 with a Resolution concerning the selection of a committee to review the election procedures. COUHCIL MEMBER KEENA MOVED TO APPROVE RESOLUTION NO. 1, SERIES OF 1980, OF 'lliE ELECTION COMMISSION. Council Member Fitzpatrick seconded the motion. Council Kember Neal stated he was unclear on the need for a comaittee to review election procedures since the proce- dures themselves were fairly specific and the Election Coamis- sion's responsibility was to assure the procedures were perfo~ ed. Mr. Real stated he did not understand what the committee would be expected to do differently than what the CO..ission did itself. COUHCIL MEMBER NEAL K>VED TO TABLE 'lliE MATTER. Coun- cil Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Bigday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council instructed City Manager McCown to place the Elec- tion Commission's resolution on the study session agenda for Febru- ary 25, 1980, and to have Mr. Higbee and another Election Commis- sion member present to be prepared to discuss the reco .. endation. * * * * * * I • - • • • February 19, 1980 Page 6 ORDINANCE NO. 3 SERIES OF 1980 • • • BY AUTHORITY COUNCIL BILL NO. 4 INTllODUCED BY COUNCIL MEMBER BRADSHAW All ORDINANCE AKEMDlltG AliD APPROVIBG All AGllEEMENT BETWEEN THE BOARD OF COUNTY COMMISSIOlfEilS OF ARAP.ABOE COUin'Y, COLORADO, AND 'ME CITY OF ENGLEWOOD, COLORADO, FOR THE TRANSFER OF REAL PROPERTY TO THE CITY OF ENGLEWOOD FOR CDIEDIAL PAill(. COUNCIL MEMBER BRADSHAW I«>VED TO PASS COUNCIL BILL NO. 4, SERIES OF 1980, OR FINAL READING. Council Member Fitzpatrick sec- onded 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. * * * * * * City Attorney Berardini presented a resolution con- cerning the acquisition of property for right-of-way on Little Dry Creek. COUNCIL MEMBER NEAL K>VED TO DELETE FROM 'niE RESOLUTION SECTION 2 FOR 'niE GREEN SPACE AND TO ADD "OR DAMAGES" IN SECTION 3 FOLLOWING THE WORDS "PROPERTIES TO BE TAKEN". Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis • None. The Mayor declared the motion carried. RESOLUTION NO. 5 , SERIES OF 1980 A RESOLUTION AU'niORIZING THE PURCHASE OR CONDEMNATION OF A FEE SIMPLE INTEREST IN CERTAIN LARDS WITHIN THE CITY OF ENGLEWOOD, COLORADO, TO PROVIDE A RIGHT-OF-WAY FOR CHANNEL IMPROVEMENTS OR LITTLE DRY CREEK FROM SOUTH PLATTE RIVER DRIVE TO SANTA FE DRIVE AR8-GRSIMI~bTT-9PKRSPAGI-AMD-PA&K-PURPOSIS • • I . - ' • • • February 19, 1980 Page 7 • • • COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 5, SERIES OF 1980, AND TO DELETE FROM THE TITLE "AND GREENBELT, OPENSPACE AND PARK PURPOSES". Council Member Higday sec- onded the motion. Upon a ca ll of the roll , the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, ~eena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented the findings of fact, conclusion and denial of rezoning application for Harry G. Wise. Mr. Wise had requested a rezoning for a location in Sandra's Sub- division from R-1-C, Single Family Residence, to R-2 Medium Den- sity Residence. The public hearing was held on January 28, 1980. COUNCIL MEMBER KEENA MOVED ACCEPTANCE OF THE RESOLUTION DENYING THE APPLICATION OF HARRY G. WISE FROM R-1-C SINGLE FAMILY RESIDENCE TO R-2 MEDIUM DENSITY RESIDENCE. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a Council Communication concerning approval of hanging a banner across South Broadway north of U. S. 285/Broadway interchange to announce that April was Cancer Control Month. Mr . McCown stated such request was being made in compl i ance with the City's Zoning Ordinance. COUNCIL MEMBER HIGDAY foi>VED TO GRANT THE PERMIT TO HANG THE BANNER. Council Member Fitzpatrick 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 • - • • • February 19, 1980 Page 8 Nays: None. • • • The Mayor declared the motion carr i ed. * * * * * * City Manager McCown presented a Council Commun i ca tion concerning the award of bid for Union Avenue Raw Water Li ne Re- placement Project. Mr. McCown stated the low bidder was H. W. Siddle, Inc. with a bid of $40,060. Staff was recoamending acceptance of this bid with a contingency of $3 ,000. COUNCIL MEMBER BILO I«>VED TO AWARD THE BID FOR THE UNION AVENUE RAW WATER Lilt£ REPLACEMENT PROJECT TO THE LOW BIDDER H. W. SIDDLE, INC. FOR $40,060 WITH A PROJECT CONTIN- GENCY OF $3,000 FOR A TOTAL ESTIMATED AMOUNT OF $43,060. Coun- cil Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis opened discussion concerning the establish-ment of a liquor licensing authority. Council decided to have a town meeting on April 28, 1980, at 7:30 p.m. to discuss establishing a liquor licensing authority and for the purpose of receiving citizen input for same. Mayor Otis asked the reporter from the Englewood Herald Sentinel to publish the notice in the Sentinel. Mayor Otis also asked that a notice be published in the Englewood Citizen • * * * * * * Council Member Higday discussed a senior citizen's con- cern over the rates charged senior citizens to play golf at the Englewood Municipal Golf Course. Mr. Higday stated the gentle- man thought the rates were too high and as a result many senior citizens were going to Denver golf courses • COUNCIL MEMBER HIGDAY K>VED TO DIRECT THE PARKS AND RE- CREATION DEPARTMENT TO TAKE A FURTHER LOOK AT THE WHOLE RATE I • - - • • • • • February 19, 1980 Page 9 STRUCTURE AND RATIONALE BEH I ND THE FEES AT THE GOLF COURSE AND MAKE RECOMMENDATIONS BACK TO COUNCIL. Council Member Bradshaw seconded the motion. Council Member Neal opposed the motion . Mr. Neal stated he felt the current rate structure was appropriate. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: CounciL Members Higday, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Neal. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY K>VED TO ADJOURN THE MEETING. Council Member Neal seconded the motion. a vote • Mayor Otis adjourned the meeting at 9 :00 p.m. without I • - f l • • 1 :Y; ~P.M. 1. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL FEBRUARY 19, 1980 Call to order, invocation by &e·~~~~n, Englewood Wesleyan Church, 4609 South Fox Street, pledge of allegiance by Boy Scout Troop #154, and roll call. Minutes. (a) Minutes of the special meeting of January 28, 1980. (Copies enclosed.) (b) Minutes of the regular meeting of February 4, 1980. (Copies enclosed.) 2. Pre-Scheduled Visitors. (Please limit presentation to ten minutes.) (a) Hr. Stewart Fonda, Utilities Director, will be present to receive a commendation from City Council for receiving the 1980 Best Paper Award by the American Water Works Association, Management Division. (Copies enclosed.) ~ (b) Hr. David Carey, Attorney, and Mrs. Mu Cha V.... ~0 '1 ·30 ~1¥\Hullins, applicant, will be present to request J.t-14· , a health therapy (massage parlor) license at lJ~~ the proposed location of 4370 South Broadway. · v (Copies enclosed.) 3. 4 . Other Viaitors. (Please limit presentation to four minl~Ces . ) ,_...-n.AY\.,t../ Public Hearing. I . - ,, • • • • Page 2 February 19, 1980 Agenda 5. Communications -No Action Recommended. (a) Minutes of the Board of Career Service Commis- sioners meeting of December 13, 1980. (Copies enclosed.) (b) Minutes of the Planning and Zoning Commission meeting of January 8, 1980. (Copies enclosed.) (c) Municipal Court Activity Report for the month of January, 1980. (Copies enclosed.) (d) Financial Report through December, 1979. (Copies enclosed.) (Ciw ~ ) 6. Communications -Action Recommended. (a) Minutes of the Election Commission meeting of January 28, 1980 with a Resolution concerning the selection of a committee to review the election procedures. (Copies enclosed .) City Attorney. Ordinance on Final Reading. (a) 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. (Ordinance and Memorandum from the Director of Parks and Recreation enclosed.) Resolutions . (b) Resolution for acquisition of property for right-of-way on Little Dry Creek. (Copies enclosed.) (c) Resolution concerning Harry G. Wise rezoning ( located in Sandra's Subdivision from R-1-C, ~ Single Family Residence, to R-2, Medium Density } Residence. (Copies available at Study Session.) .l.J"'" 1) U Other Hatters. (d) Attorney's Choice . • • I • - - .. ( • • • • • -------- Page 3 February 19, 1980 8. City Manager. (a) Council Communication concerning approval of hanging a banner across South Broadway north of U. S. 285/Broadway interchange to announce that April is Cancer Control Month. (Copies enclosed.) Council Communication concerning the award of bid for Union Avenue Raw Water Line Replacement Project. (Copies enclosed .) Manager's Choice. 9. General Discussion. (a) Mayor's Choice. (b) Council Member's 10. Adjournment. (2~$~ AN MC COWN Ci y Manager q:o o a.N- I . - - • • • , 76-~ /J 'ua "4 v ~-IC/-!0 ROLL CALL 7 :~ )) Moved s d d econ e Higday Neal Fitzpatrick Keena Bilo Bradshaw Otis u v '}.( I .' ~~'ltia f2uA. JU-JJ -z_.,-, a 'k !LV J)J c_&U/R_} A ~e N El3_ ------------ I . I Ab +-aen .. Ab tain 5 I . • - • • , - ROLL CALL Moveu Seconded ~e Na_.y Abaent Abstain Higday ,_- Neal .,_ Fitzpatrick '-" Keena ---Bllo ,_ Bra<lshaw .,_... Otis ...--- • • I . • • • - • • , - ROLL CALL Moved s ec onded Aye Nay Absent Abstain Higda~ '\ Neal ' Fitzpatrick / ....... 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I . • • -\ I • • , - ROLL CALL M ove d s d d econ e A ;ye N ay Ab sen t Ab t 1 s a n Higday Neal Fi tzpa trick Keena Bilo Bradshaw Otis • I . • - I - • • • ROL L CALL Moved Sec onded Ay e Hiir.da.v Neal Fitzpatrick Kee n a Bilo Bradshaw Ot is 7 V'g to 1 r[JCJ.• 6 '--1 ~ $1 ;t; F-' I g 6-D • • • Nay Absent Abstain I . • - • . • • , - ~-------=-- ROLL CALL M d S d d eve econ e ~e a_}'_ sen s a n Hi_g_d~ __:1 Neal _j F itzpatric k I Keena .l ,__ Bilo j J:::::_ Bradshaw _L Otis A N Ab t Ab t i I . • - • • ' - ROLL CALL Moved Seconded Absent Abstain /~ :#! • • I • • - , - • • • • • ROLL CALL M d S ove d d econ e A \ye N ay Higday Neal Fitzpatrick Keena Bilo Bradshaw Otis ft,U-~ -to r ~~~v . .k" ) - ~-a --<--n • A bsent Ab i sta n I . • ']_') ·t n • - • • a... ROLL CALL Moved Second ed Absent Abstain I • • - - • • • • • • I ROLL CALL Moved Seconded Aye Nay Higday Neal Fitzpatrick Keena B1..lo Bradshaw Otis ttJ. ~~/r-~ (!/) )l V l t-..1--~~ /1 t J J{ ~ ~ _,t ~J /t ll / _AA/(1. 1-J--,/JLt -')!/.._., ~~ ~ t -. W p 1L .JLA. .t ~.L ~ t~ • Absent Abstain I . • • - • • , - ROLL CALL Moved Seconded Absent Abstain 1 ,()_. . ~ !3 :i:J 4 ~OL ~ .:3 ~ r.tLL • I . • • • • • -• t • - ROLL CALL Moved Secon ed d A lye N ay Ab t sen Ab t i s a n Hi&d ay Neal F itzpatrick Keena lillQ_ Bradshaw Otis 76 • I . • • - • • , - ROLL CALL M d S d d A ove econ e l]fe ~ sen s a n Hi gd ay '\ ....... Neal } Fit~a trick / N Ab t Ab t 1 ....--Keena 1 Bllo 1 Bradshaw \ Otis !_ • • I . • • • - • • , - ROLL CALL M d S ove d d econ e A ;ye N ay Ab t Ab t i a en s a n v Higday ' Neal I Fitzpatrick f .....-Keena \ Bilo } Bradshaw ( Otis 7 tJ:h.~ I . • - • • r - ROLL CALL M d S ove d d econ e A lye N ay A bsen t Ab t 1 s a n Hi gd ay \. 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Hi11:day 1.--- Neal a..-- Fitzpatrick \ Ke ena ) Bilo 7 ~ Bradshaw I Oti s I • I . • • - • • - ROLL CALL Moved s econd ed Aye Nay Absent A t 1 bs a n --Higday Nea l F itzpatrick Keena Bilo Bradshaw Otis • • I . • - • • SPECIAL MEETING : • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 28, 1980 ICL The City Council of the City of Englewood , Arapahoe County, Colorado, met in special session on January 28, 1980, at 7 :00p.m. Mayor Otis , presiding, called th e mee ting to order. The invocation was g iven by Council Member Fitzpatrick. The pledge of allegianc e 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 Director of Community Development Wanush Deputy City Clerk Watkins * * * * * * Mayor Otis stated it had come to the attention of Coun- cil a certain discrepancy in the area that was to be considered which could possibly make it inappropriate to conduct the public hearing. Mayor Otis asked the Director of Community Development to elaborate. Director o f Community Development Richard Wanush appear- ed before Council and stated there had been some significant changes in the area. Director Wanush stated the request was heard originally by the Planning and Zoning Commission on September 20, 1977 and re- commended to Council that the rezoning be denied. The Council con- curred with the Commission and did not hold the hearing. The matter was taken to court and the court remanded the case to the Council for public hearing. It has become known that one of the owners of the parcels sold two pieces of ground to the adjoining single family properties. Therefore, what Council would be considering at this I • - • • January 28, 1980 Page 2 • • • meeting would be a rezoning that cuts across someone's property and splits it into R-1-C and R-2-C. Mr. Wanush recommended that Council not open the hearing but refer the entire matter back to the Planning and Zoning Commission for rehearing and new recommendation. In response to Council Member Fitzpatrick's question, City Attorney Berardini explained the legality of the court order. Mr. Berardini stated since the facts previously presented to the Planning and Zoning Commission and Council have been altered, Coun- cil would be entitled and could order a new recommendation on the situation as it exists now. Mr. Berardini agreed with Director Wanush's recommendation. Mr. John Littlehorn, 4530 South Broadway, applicant in the rezoning case, appeared before Council. Mr. Littlehorn stated Council should not have posted the hearing notice if plans were not to hold it. Mr. Littlehorn stated his property had been af- fected in a minor way. Mr. Littlehorn asked that Council hear the matter and then make a recommendation. In response to Council Member Keena's question, Mr. Little- horn stated he did not know when the transference of deeds for the land parcels were made known to the City. Mr. Wanush stated the information was not received in the normal course of preparing for the public hearing. Upon a check of the property, the conveyances were discovered. Mr. Berardini advised Council to refer the matter to Plan- ning and Zoning Commission for review and for the benefit of receiv- ing a new recommendation for a public hearing later on. Mr. Berardini stated such action would not be violating the court order since the new facts would be heard at a later date. COUNCIL MEMBER HIGDAY MOVED TO DELETE AGENDA ITEM lA- REZONING REQUEST FOR A CHANGE FROM R-1-C, SINGLE FAMILY RESIDENCE, TO R-2-C, MEDIUM DENSITY RESIDENCE, FOR PROPERTY IN AN AREA SOUTH OF WEST QUINCY AVENUE AND WEST OF SOUTH LIPAN STREET -AND REFER IT BACK TO THE PLANNING AND ZONING COMMISSION FOR THEIR RECOMMENDA- TIONS. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • I • - • • January 28, 1980 Page 3 • • • Director Wanush stated this matter would probably go before the Planning and Zoning Commission the second week in February, 1980. * * * * * * Mayor Otis declared a recess at 7 :20 p.m. Council re- convened at 8:00 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. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO OPEN THE PUBLIC HEAR- ING CONCERNING HARRY G. WISE'S REZONING REQUEST OF PROPERTY LOCATED IN SANDRA'S SUBDIVISION FROM R-1-C, SINGLE FAMILY RESIDENCE, TO R-2, MEDIUM DENSITY RESIDENCE. 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. Richard Wanush, 5165 South Elati Drive, Director of Com- munity Development for the City of Englewood, appeared before Coun- cil. Mr. Wanush gave testimony concerning the purpose of the pub- lic hearing -Case #26-79. Mr. Wanush stated this case was refer- red to Council by the Planning and Zoning Commission following a hearing on December 4, 1979. Mr. Wanush submitted the certificate of posting for the property and stated the notice of public hearing was published in the Englewood Herald Sentinel on January 2, 1980. Mr. Wanush submitted into evidence the following: 1. Planning and Zoning Commission's resolution recom- mending to Council that the rezoning of Lots 4 and 5, Sandra's Subdivision from R-1-C, Single-Family Residence, to R-2, Medium Density Residence, be denied . • I • - • • • January 28 , 1980 Page 4 • • • 2 . Staff report prepared for the public hearing. Mr. Wanush stated the applicant was Harry G. Wise, contractor buy- er of subject property located on the southwest corner of South Clarkson Street and East Jefferson Drive. The property was presently owned by Robert A. and Gloria S. Berkeley. The request was to re- zone the property from R-1-C to R-2. Mr. Wanush noted the property was within the flood plain district. Mr. Wanush stated the applicant had requested the rezon- ing because he felt the property cannot be expected to develop under the existing zone classification for the following reasons : 1. The uses to the north and northwest were, multi- family and offices. 2. Since the property was within the flood plain, it would entail additional expense to develop the pro-perty. Mr. Wanush explained that the Planning and Zoning Commission considers certain criteria in evaluating rezoning requests and for the following reasons recommended denial of the application : 1. In terms of a possible mistake in the original zoning, the Commission did not think there was a mistake. 2. There had been no significant changes over the five or ten years to necessitate a change the present zoning. 3. The owner was not being denied the use of the land. The land could be developed under R-1-C, Single Family. 4. The area is not a City block , nor a buffer between one use and another • 5. The rezoning was not in conformance with the City Comprehensive Plan. Mr. Wanush submitted a copy of the adopted general land use plan. In response to Mr. John Criswell's question, Mr. Wanush stated he had not checked with any appraiser, banker, or realtor to determine whether or not the property can be developed under it present zoning. At the request of City Attorney Berardini, Mr. Wanush submitted the zoning map indicating the applicant's property. Mr • • - I • • - • • • • • • January 28, 1980 Page 5 Berardini stated the zoning map as well as the material submitted by Mr. Wanush earlier in the hearing should be made part of the record. Mayor Otis asked for the applicant's presentation. Mr. John Criswell, 3780 South Broadway, attorney appear- ed on behalf the applicant , Mr. Harry Wise. Mr. Criswell stated Mr. Wise had a contract to purchase the property from the Berkeleys. Mr. Criswell submitted the following evidence: l. Applicant's Exhibit l -Survey of property. Mr. Criswe ll stated the area was approximately 16,000 square feet, undeveloped and in a flood plain. Mr. Criswell stated certain construction methods could be used in order to build in the flood plain. 2. Applicant's Exhibit 2 -Copy of Section 22.4-4 (R-1-C District), Englewood Zoning Code. Mr. Criswell stated the R-1-C District had less re- quirements than any of the other two single family residences in Englewood. Mr. Criswell stated two single family dwellings could be placed on this property fronting either Jefferson Drive or South Clarkson and still have square footage left over. 3. Applicant's Exhibit 3 -Copy of Ordinance No. 30, Series of 1975 (R-2 District). Mr. Criswell stated this zoning would allow a structure of five units. Mr. Criswell stated if the area was rezoned and the owner wanted four units, he (the owner) would have to come before the Planning Commission with a Planned Development. Mr. Criswe ll stated Council could authorize the rezoning request on the following basis: 1) evidence proved that the property was improperly zon e d in the first place ; and 2) that the present zoning deprives the owner from realistically using his property. Mr. Criswe ll stated he planned to produce evidence to Council to prove that since the property was zoned R-1, it had not developed as R-1 ; and the conditions o f the neighborhood have changed subsequently necessitating a change in zoning. Mr. Criswell stated a possibility existed that there will be some developme nt of a holding pond for storm drainage control purposes in the athletic area which is nearby subject I • - • • • • • • January 28, 1980 Page 6 property. Mr. Criswell stat e d if the property was needed , it would be necessary for the City or School District to acquire it. Council could not refuse the rezoning on the grounds that the City or School District might want to purchase it at a later date. Mr. Criswell stated the property was orginally annexed by the City in 1946 and zoned R-1. In the late 1950's or early 1960's, the area to the north of the creek was also zoned R-1; but later rezoned R-3 and developed for a medical clinic. The develop- ment necessitated the relocation of three single-family residential homes. Mr. Criswell stated subject property with the exception of Lot 3 was the only piece of singly, privately-owned property that was zoned R-1 at any point along East Jefferson Drive. Mr. Criswell added there was only one property from Sherman to Clarkson on Jeffer- son Drive that was used for R-1 and it was located in the northwest quadrant of the intersection of East Jefferson Drive and South Clark-son. barrier. Mr. Criswell stated the creek did not form a natural Mr. Criswell submitted the following exhibits for the applicants: 1. 2. 3. Applicant's Exhibit 14 (A) -(U) -Photographs of the subject property and surrounding area. Applicant's Exhibit 5 -letter from W. D. Jorgensen & Associates, Inc. Insurance stating subject property was not suitable for single family residential use. Applicant's Exhibit 6 -letter from Robert E. Thomas, Real Estate Broker stating subject property was neither desirable nor acceptable for single-family residential use • 4. Applicant's Exhibit 7 -letter from Royce L. Smith, President, A. MeliRoy Corporation, stating develop- ment of single-family residence in subject area was not feasible. 5 • Applicant's Exhibit 8 -letter from James T. Keller, II, discussing developing good quality, multiple housing close to the downtown area. 6. Applicant's Exhibit 9 -letter from Nick L. Panetta Senior Vice President, Republic National Bank , stat- ing the bank would not consider making a real estate loan as reguested by Mr. Don D. Finley, 3700 block of South Clarkson • I • - ( • • • January 28, 1980 Page 7 • • • 7. Applicant's Exhibit 10 -letter from Jo Clements, Broker, LandMark Realty, Inc., stating the land lo- cated at 3700 South Clarkson was undesirable for single family residences and should be rezoned from the present R-1-C. 8. Applicant's Exhibit 11 -letter from Robert D. Johnson Broker-Owner of Arapahoe Real Estate Agency, recom- mending that the subject property be rezoned from the current R-1-C to a higher density R-2-B for the en- hancement of the area and best utilization of the pro- perty. 9. Applicant's Exhibit 12 -letter from Colbert E. Cushing, Assistant Executive Director, Colorado Association of School Executives, favorable to the rezoning of subject property. 10. Applicant's Exhibit 13 -letter from Harold R. Rust, 3811 South Clarkson Street, stating he had no ob- jection to the rezoning of subject property to R-2. Mr. Criswell stated the abovementioned exhibits were evi- dence that rezoning would be good planning and the subject property could not be developed otherwise. In response to Council's questions, Mr. Criswell stated Mr. Wise solicited the letters. In regard to the letter from Re- public National Bank, Mr. Finley was told that the bank would not loan money for a single-family residence for that property. In response to questions from City Attorney Berardini, Mr. Criswell stated the uses for which the school was making of nearby property would have less impact on multiple dwellings than single family residences. The exhibit letters indicated that de- velopers and realtors felt the property could be moved and market- ed faster if rezoned to R-2. Mr. Criswell stated it was his con- clusion that the property under no circumstances could be developed single family. Mr. Criswell stated financing should not be a pro- blem if it was for a suitable use. In response to Council Member Higday's question, Mr. Criswell stated Mr. Wise commented that he would be interested in Lot 3 if it were available • In response to Council Member Higday's question, Mr. Wanush stated if the applicant were to purchase Lots 4 and 5 and subsequently Lot 3, the applicant could return to Council and ask for another rezoning to R-3, however, the total land would not be enough to develop under R-3 • • I • - • January 28, 1980 Page 8 • • • Mr. Criswell called Mr. Harry Wise to testify. Mr. Harry Wise, 4333 East Peak View Avenue, Littleton, employee of Englewood High School, appeared before Council and gave testimony relative to his application for rezoning. Mr. Wise stated he had entered into an agreement to purchase Lots 4 and 5 subject to rezoning. He had no interest in Lot 6 nor in Lot 3, however, if he were to obtain Lot 3 he would use it for parking space. Mr. Wise stated the school property next to subject pro- perty was used for storing dirt, gravel, brass clippings, and equip- ment. Mr. Wise stated his plans were to build two duplexs, one on each site facing each other. He would live in one unit and rent out the other three. He understood the area to be in the flood plain and spoke to the City about the restrictions for building in a flood plain. Mr. Wise stated he understood he would have to submit a Planned Development if he were to build four-plexs. Under questioning from City Attorney Berardini, Mr. Wise stated his contract was contingent on rezoning. Mr. Wise stated he had not attempted to get financing for two single family residences because he was not interested in doing so. Mr. Wise stated he could get financing for multiple family homes. In response to Council Member Keena's question, Mr. Wise stated he had contracted for the property in the summer of 1979. In response to Council Member Neal's question, Mr. Criswell stated a real estate broker, Mr. Finley, had the property listed for one and one-half years but was unable to sell it. Mr. Criswell stated Mr. Finley had contracted to sell the property with the Berke ley's in the middle of 1978. Mayor Otis asked if anyon e wanted to speak in opposi- tion of the application. Mr. Selwyn Hewitt, 4915 South Pearl, President of the Board of Education, appeared before Council and gave testimony in opposition. The Board supported the recommendation from the Planning and Zoning Commission to deny the rezoning request. Mr. Hewitt stated the application did not maintain the comprehensive plan integrity nor the philosophy of continuing the growth of single family residences. Mr. Hewitt stated multiple family re- sidences tend to diminish the enrollment in schools. In response to Council Member Neal's question, Mr. Hewitt stated he was also appearing as a citizen in opposition to rezoning. • • I • - ( • • ( • January 28, 1980 Page 9 • • • In response to Council Member Bilo's question, Mr. Wanush stated the general land use for subject property was to use Little Dry Creek as the boundary between single family and multiple family dwellings with in-fill and single family areas not to increase the density of the area. This meant every effort should be made to develop vacant lots as single family residences. Under cross-examination from Mr. Criswell, Mr. Hewitt stated he was not aware of any staff report made by the school district on the feasibility of buffering, fencing or screen- ing the school district property. Mr. Criswell submitted Applicant's Exhibit 17, letter from Jim Phillipe to Dr. R. L. Davidson on the feasibility and advisability of rezoning. Mr. Hewitt stated the letter was an opinion of a staff member not shared with the Board of Education. Mr. Criswell submitted Applicant's Exhibit 15, a copy of School Board minutes authorizing Mr. Hewitt's appear- ance and the grounds set forth for opposition. Under cross- examination, Mr. Hewitt stated the section made no comments to the master plan; however, the deviation from the master plan was a part of the discussion and the principal reason for his appearance. Mr. Criswell stated Applicant's Exhibit 15 request- ed that the Superintendent write a letter to the City Manager expressing the Board's position. Mr. Criswell submitted Appli- cant's Exhibit 16 which Mr. Hewitt stated was the letter from the Board. Mr. Criswell stated Superintendent's letter related the Board's concern on allowing any development on this ground because of the possibility of the City having to buy it at a later date • Mr. Hewitt stated the Board was concerned as stated in the letter that there was some question as to the advis- ability of any kind of construction on the property in view of the pending decision of development of a detention pond for flood control of that location. Mr. Hewitt stated this was the understanding of Dr. Davidson from negotiations that had preceded this hearing. John Littlehorn, 4530 South Broadway, appeared be- fore Couincil and gave testimony that he would construct multi- • • I • - • • • January 28, 1980 Page 10 • • • ple family units on the property rather than single family be- cause of the school property, creek and high rise apartments across the street. Mr. Littlehorn stated there was a serious flooding problem in Cherry Hills across the street; and Coun- cil should consider the action on the detention pond as one of the alternatives. Mr. Littlehorn stated a lawsuit was pending by the people in Cherry Hills concerning the flood-ing problem. In response to City Attorney Berardini's questions, Mr. Littlehorn stated he was a sheet metal worker by trade and a builder. Mr. Littlehorn stated he doubted that a banker would loan money for single family residence for this area; however, he had no personal knowledge of it. Carl Werner, 3787 South Clarkson, appeared before Council and gave testimony in opposition to the rezoning re- quest. Mr. Werner stated being a resident of the neighbor- hood he would not like to see multiple family dwellings con- structed in the area. Mr. Werner stated he did not consider the school property to be a liability to the area in regard to building single family residences. Mr. Werner stated he agreed with the Planning and Zoning Commission and requested Council to deny the request. In response to Council Member Neal's questions, Mr. Werner stated he felt the rezoning would change the quality of the neighborhood and his residence would be threatened by other development. In response to Mr. Criswell's questioning, Mr. Werner stated he knew several people in the neighborhood who owned property. Mrs. Hannah Warren, 3770 South Clarkson, Cherry Hills, appeared before Council. COUNCIL MEMBER HIGDAY MOVED TO NOT RECEIVE TESTI- MONY FROM MRS. WARREN SINCE SHE WAS A RESIDENT OF CHERRY HILLS. Motion died for lack of a second. Mrs. Warren gave testimony in opposition to the rezoning request on the basis that the rezoning would cause an increase of traffic at the area intersection which is also the route several children took to school. Mrs. Warren stated she favored maintaining th~ present character of the area. Robert Berkeley 2601 South Jackson, Devner, appeared before Council and gave testimony. Mr. Berkley stated he was • I • - ( • • c • • • • January 28, 1980 Page 11 the present owner of Lots 4, 5, and 6 in subject area. Mr. Berkeley stated he purchased it in 1977 for the purpose of remodeling the house and building a branch of his business in it. Mr. Berkeley stated he could not get a loan from the bank to do so. Mr. Berkeley stated he was trying to sell all three lots as one piece but could not get an offer. City Attorney Berardini requested the Planning and Zoning Commission minutes of the hearing concerning the sub- ject property be made part of the record as well as any ex- hibits, documents or other material presented to the Planning and Zoning Commission. request. graphs. Mr. Criswell had no objections to Mr. Berardini's Mr. Criswell stated there were additional photo- There was no further testimony to be received. Mr. Criswell gave closing remarks. He stated he felt the land could not be developed as single family re- sidence. He could not imagine there being a traffic pro- blem at the intersection in the area nor a change in the neighborhood if the area was rezoned. Mr. Criswell stated he was not aware of any evidence that proved the area should remain R-1; and the school district was looking at the situ- ation from a tax base standpoint from what they were going to have to pay or the City was going to have pay in tax dol-lars for the property, Mayor Otis stated Council would make a decision on this request within the next 30 days. COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING. 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 and adjourned the meeting at 10 :2 0 p.m. fb_/);u<~ '-4: U_ ~~~ ~uty City CLerk • 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 7:30 p.m. Mayor Otis, presiding, called the meeting to order. /b The invocation was given by Reverend Bryant, First Baptist Church, 3170 South Broadway. The pledge of allegiance was led by Boy Scout Troop 1154. 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 carried. * * * * * * 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 an al- 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 • - • • • 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 informing them of the time and place. * * ... * * * There were no other visitors to be heard. * * * * * * "CoDIIIUnications -No Action Recommended" 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 ENGLEloOJD 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 COHHISSIONERS 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 s e conded the motion. Upon a call of the rol l , the vote resulted as f ollows: Ayes : Nays : Council Members Higday , 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 K>VED 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 from the regional neighborhood. It was stated at the hearing that since Cinderella City was built and attracting people into the City of Englewood, no new liquor stores had been added. Ms. Keena stated she felt the patrons of the center would utilize 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 in 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 K>VED 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 Higday, Neal , Fitzpatrick, Keena, Bilo, Bradshaw , Otis. Absent : None. The Mayor declared a quorum present. * * * * * * City Manager McCown presented Council CotmnJnication concerning Board and Commission appointme nts. COUNCIL MEMBER FITZPATRICK MOVED TO APPOINT THE FOLLOW-ING PEOPLE: JO ELLEN TURNER CAREER SERVICE BOARD 4 YEARS EARL LADEWIG RETIREMENT BOARD 4 YEARS HILLARD 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 HILTON 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 4YEARS JOE RATHBURN LIBRARY BOARD 4 YEARS HOWARD HORARIE, 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 K>VI:D 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 . - - Februa.ry 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 Hi&day, 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 <1' 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 K>VED 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 ENGLE1o«>>D 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 w s no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at I • • I. • • City of Englewood February 14, 1980 Mr. Stewart H. Fonda Director of Utilities City of Englewood Englewood, Colorado Dear Stu: • • • 2 A 3400 S. Etati Street Englewood, Colorado 801 10 Phone (303) 761-1140 On behalf of the members of Englewood City Council, I would like to extend our congratulations to you for your article, "Financing a Capital Improvement Program: Revenue Requirements, Cost of Service Analysis, and Rate Design," being selected as the 1980 Best Paper Award by the American Water Works Association, Manage- aent Division. It should be very gratifying to have had your paper selected by your peers nationwide for this high honor. I assure you that it makes City Council feel comfort- able to know that we have such a high quality of professional staff, and it gives me great pleasure to offer you, on behalf of City Council and the citizens of Englewood, our congratulations. Your acceptance of the award in Atlanta this summer will not only recognize Stu Fonda, it will also recog- nize Englewood, Colorado, and for that we thank you. Sincerely, ~~;(.~ EUGENE L. OTIS Mayor • I • - • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AG~DA~TEM February 17, 198 ~ ~ SUBJE'CT Health Therapy Facility Application INITIATED BY ____ c_i_t~y __ c_l_e_rk ________________________________________ ___ ACTION PROPOSED 1. Set Public Hearing: 2. Establish Neighborhood for Peti tioninq. INTRODUCTION: Mu Cha Mullins has applied for a Health Therapy Facility license in the City. She propoaes to operate her business at 4370 South Bra.dway. She bas met all of the requiremen ts and submitted all necessary information. BACKGROUND: • The C~ty has three (3) massage parlors currently licensed. All licenses ~~~~ere issued prior to the passage of H8 1558 in 1977. H8 1558 made the licensing of massage parlors a State concern, much like liquor licensing, with one very major difference. There is a division in the Department of Revenue to enforce liquor licenses. A similar enforcement at State level does not exist for massage parlors. All enforcement of the State statute rests with the local authority. The State statute which is attached, requires the local licensing authority to consider a massage parlor license application in much the same way as a liquor license application. These requirements are over and above those outlined in our City code. This is the first application which has been submitted to us since the State statute was passed in 1977. In checking with other communities no one has either heard of the law or had occasion to use it • Attached are: 1. EMC 9-7 2. Colorado State Statute 12-48.5 3. City of Englewood Massaqe Parlor Licensing Procedures RECOMMENDATION: 1. Set Public Hearing date 2. Establish neighborhood for petitioning • • I • - • II"'C~GOIOUHD INfOIIau.TIOH 11£ .. DIIT City of Englewood 34 00 South E lati Street Englewood . Colorado 80110 • • • 1, "-_.:.M'-'u=l_,l'-'1":. !.!n"'s!:..._ ___ _..Mcu,11wcu:hwa~-------- '•.. l&t .. 6960 Roar i r~-~.L~lo s, Fountain, Ott Cl••"' • Olflc:e __ . A44-••l\.ec-ell-_ '2 , H ..... T •l •r .. ..-e : ---l.9..2..=.l.8.11 9____ __ _ A fte•: ---------------Masseuse ~-----Colo " c--• Occ.p.t-----...:..~...:.....:.. _______________ _. Sdf r"'''•r•rl 1. ... •• ~ ... AM-... , 315 3 S. Broadway, Englewood •. •··•-.. To! • ..,_., lf2l..=H..l_2,__ __ _ • "•"''•-•'• '-• Female "-""''•-•'• ••••• Mongol ian "· s•"•' s •• _,,. "...._,521-BB :.~Bgn "-.,... ..... , .• "•' ... 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Llot Ne .. olo), Oeoo(a), f'loco(o) el Ill"" .,.4 A44roulool ol All Cloll4ro"' loll-...... ~ .. .. _. ...... -~~, ... ___ ::D:.:e:;b~r~a~.!.A!!n~n~!.;M~u:..:l~l~i.!Jn!.>s!-.._1:2.JOO~Jtcun""-'.se~6~;9z__..l6l..:9:z.6DJJOL.IRuaJ.aiiLr..li..lnuq~Spri .. ng s , Colo Stot' l-n4J- ____ .:..:W...:;i;..:l:::m.:.:.a;::_.;:L:...Y'-'n;.:.n::.;_.;;.M;;.:u::.l:....=l.=ic:.n::s:-.._..:l:.....:M..:a::..!:.r.,c"-h'--7.u:.2 _ _y_(j ~6 0 Roil ci Dij s p d ng 5 Co I 0 s p.&: i.lMj60--- ---------------------- • I • - • • • • • • • INFORMATION CONTINUATION SHEET (Identify number of item continued) l certify that the facts contained within the foregoing background information questionnaire are true and correct. and I understand that any fa1sfffcat1on or misrepresentation will r~sult in a rejection of this application or revocation of license for which applied. l?l«can Sworn before me th1s 11 by~~~~n~A Hy conn1ss1on expires 1 /:>-(J/11-rt I • - • • • • • • RESULTS OF JllVESTJGATJON POLICE LAB Completed by~· .---,.~---..~~---- Date: __ __,.:........,~rtF--------- INVESTIGATION DIVlSION Investigator: 10J L ~-··--....... Connents: a 46 .-/,y, ~· <a.r" Fingerprints (c.}/ Photograph -----------------------·----------- ----·-------- OFFICE OF THE POLICE CHIEF Investigation has been reviewed: ()4) Approved ) Disapproved • I . - - • • • c • SECTION 9-7-1 9-7-2 9-7-3 9-7-4 9-7-6 9-7-45 9-7-7 9-7-8 9-7-9 9-7-10 9-7-11 9-7·12 9-7-13 9-7-14 • • • CIIAPTER 7 OTHER BUSINESSES Artide 1-ll..atla ~ k-h'h'=eau SUBJECT Defiait.iou Health Therapy Eltabliabmenta to Comply MUMpLiceue Requna-&a for ....... Liceaa Employeee of H..W. 'l'blrapy Eltebtiehment• Ettabliabmeat to Submit N._ of Emp&oye. Sulitery~ Eumptioaa Houn of OperatioD ADDuel I D!lp'Ctioa Liceueaot~ Growada for s.r~ riaa cw a.v..t.ioa of.....,._ Prohibitioat D--.. Control 9-7-15 M!.W .. -. 9-7·16 F ... 9-7-17 t.luuap 9-7-30 a-vec~ Ardde II -C.W. T....._ 9-7-31 DefiDitioDI 9-7-32 COUDcil Gruta Privilep • • - •·•·71 I . • - • • • • • • • 1-7·1: DEFINITIONS ,.. uecl iD tbia Article tbe followiDg worda ad tMml aiWl have tbe following (al "Health t.blrapy" ~ t.be ut. of body __,. or body menlpul•tion, or tbe __,. or menlpulation of any put of the body, eitMr by bad or nwbanirel-; oil or lotion rube; medical or CCIINdiw eun:ilel 01' ~; eledril:al or nw:h•nical tMnlpy, or t.be-of......._ilillc, Nduc:inc. building up, or myth· micor~ t.w. or....,...., bot pacb, cabinet, abower, aitz or llimilllr batba, or aknYiollt or infrared lampa. (bl "Health t.banlpy .teN' • ...Y" aiWl -any ahop, ID""D .. i•lm, eetOJiiiJmwK or piMie of ....._, i¥1udinc au.ian, TurlUah or Swediab -· ...._. .U or any one (11 or more of the aubjec:ta • ......-iD pewcaclilw Subeection (al 11'8 pncticed or ad· ~foralaeorp-a&uity. (c:l ''Muup'' aiWl --,._,. on, &ictioD apinat, at.rokinc ad Jm••linc of the body by IIIUual meana, or by a nw:banica' deviee uecl IIIUually, with or without applia-auch u vibrat.ora. ill· fnrad beat, •'Diampa ad ata'M1 bUlla, for the ~ of ob- t.aiDiac or malnt.alnb .. pod health or pocl pbyaical conclitioa (dl "Pnldica of__... .. aball IMaD tbe ~of IIIUAp with or wi&baut c DIDP" -daa (Onl. No. 6,§ 1, s.n. 11761 1-7·2: IIBALTB TIIEilAPY BSTABLISIQIENT8 TO OOIIPLY It aballbelllllawful for any.--, finn or carparatioa to~ menace or concluct • bealth t.blrapy -.bliabment wi&baut lint bavbw MCIIINd • --- to oparat.e RCh ..tabllebmnt panaant to tbe proviaiaaa of thia Articla. (Ord . No.6, I 1, Slrila 11761 1-7-1: IIASSAGE LICENSE No ...-aball ......,. iD t.be prKtice of -.... without fint having MCIIINd a ...._.... or ma_. ... licaaae panuant to the proviaiona of this Art.ide. acapt an appnntire workinc uadar t.be direc:t auparviaioD of a peraon boldine auch licaaae. COni. No. 6,§ 1, Slrila11761 1-7-4: BEQUIBEIIENTS FOR IIASSAGE LICENSE No pencm aball be ~ to pracdce muaap or ot.bar aanicea within the definition of-.... unJ.u be m..ta tbe followinc ~: Cal Ap ad aduc:atioD. Any applicant for a --.. licalae aball be at .... tlnlnty-one (211 yaara of ... ad aball furniah evideDc:e of p-aduation from an accredited ac:bool of __,. offerinc a c:oune 301 .... ,. I . - • • • • • • ,. • of at leut one thousand (1,0001 c:loc:k hours, plus an additional six hundred (6001 clinical hours in a '-lth t.t..py establishment; or shall show verified evideDce of haviq ..-ved an apprenticeship of two (21 yean UDder the direct 1111pervi8ion of a liceDaed IDU8e\lr or IIIUieU8e in a -.th therapy establiabmeot, such apprenticeship to have included a minimum of five hWidnld (6001 cloc:k hours didactic training in anatomy, physiology, ethial and prof-ional relation· ships, plus three thoii8IIDCI five hUDdred (3,6001 clinical hours of practical experience ; or shall furuiah by a properly attested and eucuted affidavit aatiafactory proof that the applicant has served an apprenticeship of at leut three thousand five hundred (3,5001 hours under the direct 1111pervillion of a licellled masseur or IDU8eUse in a licellled _.th therapy eetabliahment. (bl Application for licensiq. The application for licensiq shall be filed with the License Officer, topther with an application fee of fifty dollars (a60 .1, and shall contain the followiq information: the name, qe, permaoeat home ~. loc:al acldrees, and physical description of the applicant; -and~ of the applicant's employer; name and acldrees off-pl.-of employment; names and addressee of at leut two (21rwponsible s--s who will atteet to the good c:harKter and reputation of the applicant; a statement as to whether or not the applicant has been convicted of a felony , misde-nor or ordinaDce violation (other than traffic violations!. the nature of the offea.se, the penalty or punishment imposed, and the date and piKe when such a"-occ::wred ; a statement as to whether or not 1111ch person has ever had a judpoent or conviction for &aud, deceit or miarepreMntation entered api.nst him and, if so, the full details tbenof. lei Character of applicant. No liceue ahall be iaaued if the applicant ia found to have been guilty in any court of thla or any otha-state or municipality of any offea.se involvinc prostitution, solicitiq. procuring, pandering, pornocraphy, meretricious display . aaaignation, unlawful cohabitation, lewd acta, indecent acta, or an;t other offea.se involving moral turpitude within ten (101 yean next prior to the application for . the Ucenae. ldl Background inveetigation and ~ inapection. The Police Department ehalleec:ure a complete background inveetigation of the applicant and all of aaid applicant's employeee, and shall submit the aame to the City License Offu:er. The Building Diviaion of the Department of Community Development shall inapect the facility propoeed to be licellled for compliance with the City Building and Plumbiq . Codes, as well u the aanitary requirement.a contained herein. lOrd. No. 5 , i 1, Seriee 19751 302 ..•. .,. • • I . - • • • • • • 9-7 -7 1-7-5: EMPLOYEES OF HEALTH THERAPY ESTABLISHMENTS No penou aball be employed by a health therapy eltablilbment uDiela IIUch penou aball have attaiDecl the ap of eilht.o (181 yean aDd aball DOt have t.en fouDd pilty ill my court of tm. or my otber state or municipelity of any of· ..._ iDwlviDIJ proetituticm. ""icitina, proc:wills, paoderina, porJ101raPhy, wetaitiou di8play, aaaipation, Ulllawful cohabitation, lewd acts, iDdecent acts, or any otber offale iDvolvina moral turpitude withiD the ten 1101 years DDt prior to IUCb employment. lOrd. No. 6, § 1, Series 19751 ESTABLISIDIENT TO SUBMIT NAMES OF EMPLOYEES AD)' ...-operatiDc or manacir.. • health therapy wt.abliahmeot shall Rbmit the-of all .--a....,_. or to be employ.cl by aaid eetabwh· Wit to the CbW of PolicL If it ia ~by the Chief ol Police that any of aaid ... , .. do DOt --the .......-. -lorth ill Sect.ioD 9-7-6, tben aaid .. ............_ aMII, immMwWI,y, apoa beiac DOti&.d by the Chief of Police, tanDiaat.e the.....,.._ ol aaid penoa or.,......_ No health therapy .. ..,. ............... aaploy any .... u. _,. 01' --unlea aaid penoll baa fint obtaiDad a u..-punuat to f 9-7-3. lOrd. No . 5, § 1, Series 19751 1-7-7: It aball be uDiawful for any penoD to operat.e. CODduct or maaap my b.lth tberapy eetabUallwlt ill my place wbicb doe. DOt meet the followina sanitary aDd bealth .......,.: lal AU-"-of Boon, ...U.. ceiliap aad equipment mu.t be amooth aad eui1)t c:laaMd. lbl AU tablae, lawt&w aDd cbain ued ill the t.rata.~t of patrou IIW8t be CD¥eNd with a &.la, eaaitary, diapouble W.. or c:over, or with a doth abeet or c:over wbicb hM DOt previoual)' baeD uaed for a dif· ...... patron ... lauDdarUtc. lei Tonia, robae, buldap., pad8 or other articJ. wbicb come illto C011ta1:t with my part ol the patron'• body IIW8t be laUDdered or c:lllaned and awi1ized after each ue, aad before beiDc apin liB for • diflanllt patron. ldl AD artidellia&ed ill Subeec:tion lei muat be ltored prior to uae ill a aanitary, duatproof biD, baaket or nceptacle. lei Each ~ naom must be equipped with convenient band ........ fKilit'-with bot and cold l"'ll11lina water • lfl 0p.u.on, appnmtice operaton, aDd iDatructon must at all times be &. frooa conumanicabl,e m-ae aDd iDfec:t.iona. lOrd. No. 5, § 1, Seriee 19751 302.1 ........ • I . - • • • • • 9-7-8 . 1-7-8: EXEMPI'IONS Tbe foJiowiDc dau. of per80u aud establiahmeota are eumpted from the requir..-8 of tbia Article: (a) .,_ liceued by the lawe of tbia atate to practice mediciue. 8IIJ'IIII'Y, oateopethy, chiropractic aud chiropody, their om.-aDd c:liDica, Uld all penoaa workiDg in their om.-aud clinia UDder their auperviaion and direction. (bl Hoapitala Uld all penona employed by inatitutioaa Uld establiah- menta liceued by the State of Colorado u boapitala while per- fol"'llinn their uaual duties within the boapital or institution ao Ucenaed. tel ~or liiBiaed nunes perfol"'llinn ta-..W:. in their uaual nuninc duties. tdl Beeuticiane Uld bubara duly licaaaad UDder the lawa of the State of Colorado, inaofar u their uaual and ordinary vocation and pro'-iola, u dafiDad by the lawa of the atate. are -.d. tel Public aud puoc:bial ec:boola and penou employed by them while ~ or traininc etudente recuJarly enrolled in auch echoola with ecllool facilitiee. tOni. No. 6, I 1, Series 19761 1-7-t: HOURS OF OPERATION Duly ~ health therapy establiebmente eballnot be open for business eooner then 7:00a.m., nor remain open for bueinese put 10:30 p.m. on any dey of operation. COrd. No . 5, § 1, Series 19751 9-7-10: ANNUAL INSPECTION Tbe City Licenee Officer eball, no eooner than once annually, cauae a physical inepectioD of ·the liceneed ·premiees to enaure compliance of the provisioaa of tbie Article. COrd. No. 5, § 1, Series 19761 9-7-11: LICENSE NOT TRANSFERABLE No lx.-ieaued hereunder may be tranefened from one p81:'80D to another. one finn to another, or one corporation to another, or tranaferred from one place to another, without the upress written coneent of the License Offac:er, and no auch traufer aball be authorized in derogation of the provisioaa of this Article. COrel. No. 6, § 1, Series 19751 9-7-12: GROUNDS FOR SUSPENSION OR REVOCATION OF LICENSE The Licen8e Officer ahall, upon aeven (71 daya written notice to a liceaaee, atatina the contemplated action, and in pueral the grounds therefor, and upon 302.2 • I . - - • • • • • 9-7-12 a reuouable opportunity to be '-rei, revoke or suspend any lic:e111111 issued by the City of EQIIMroocl if it 18 foWid that: tal Tbe ......_ bu failed to pay the llDDualliceDse fee . tbl Tbe liceDMI, either lmowmpy or without the aerci8e of due care to pnveat tba same, bu violated or bu permitted the violation of any t.m8 of tbi8 Article, or any of the provisions pert.ainiq to his ...... tel Ally filet or coadition which, if it bad existed or bad been known to aillt at tba time of the application for such lic:elllll!, would have warraatad tba l..iceue Officer in refuains ori&inally to issue such ...... tdl Tbe Uc.see bu made any false repraentation or statement to the I.-.. Officer for the purpoee of obtaining or inducing any action b7 tba U.... Officer in proc:wiDg or maintaining a valid license. (e) Tbe ...._ 18 iDc:ompecent or phf8ically unable to carry on the -p !I of a baaWa ~ eltabliahmeat or the practice of .. Cfl Tbe ...._ bM ........._...to any patron any -w:. rendered. C•l Tbe Uc.see 18 os-atintr .aid establiabment in a manner such as to CIIIMdtuteaDw.a-. COrd. No.6, t 1, Series 19761 CCont'd on page 3031 302 .3 1 ·31·71 • I • - - • • 0 • • • • 9-7-16 9-7·13: PROHIBITIONS (al No inat.rument or device deaiped or ueed for direct application to the lkin •ball be applied direc:tly to the lkin uDieu aanitized; the put of the body beinc treated aball be covered with a clean towel, or e1ae the~ aball be covered in a eimilar IDIDI*'· (bl No eponp, stick, alum or other article liable to convey infection. eball be uaed to make applieation direc:tly to an abrasion of the lkin or to any cut or wOUDd. lei No J.iceued penon eball treat uy individual afflicted with any a ·.n eruption or other Iii-. uDieu web penon eball have furnished 1 written c:ertificate from a phyeician directing such treatment, and a eta~ to the effect that the eruption or m-ae is not of a con· tqjoul or tranemiuible c:b.encter. (d) No licenlee may operate an X-ray, DUORIICOPI or limilar ecaWP-nt. or a Ndioec:tiw mat.erial, for any~ uaa.. an.dy lieeuld by the State of Colorado to pncticl a proleeeioD NqUiriD& the uee of radiation equipment. No .ath ~ •ablil....._ _, coatain u X-ray, DUOI'OICOPI or eimilar eqaipnwK, ua-tbie eqaipnwK il operated only by puiODI propedJ la..d to pncticl a protlleioD requi.rinc the uee of euc:h eqaipment (el No licenlee eball adminieter OQ'piL No...._ U.U ..... in uy acdvity which falle witbin the Nalaa ol a.dical pndicl or nureillc caN. lOrd. No. 5, I 1, Serial 18751 9-7-14: DISEASE CONTROL No .ath therapy operator aballllftPioy ur permit any per80D to work who il iDIIc:t.ed with any dileue in a communicable form, or who baa open leeione or --. IOnL No. 5, I 1, Serill 18761 IUSCBu.ANBOUS No ......-aball be edmlni..._.. to any patnm or c:lilat of laid ~ ~ eetablilbment in private.._. of laid eetabllebm.t, nor aballany room Ulld in the conduct of .ath therapy be Ulld for doa8tX JIUI'PMa (Ord. No. 6, I 1, Serlee 19751 9-7-11: Tbe followiq schedule of f-aball apply: (al Initial application fee for a ._.th therapy eetablilbment . .. . .. . . .. . .. . .. . .. . .. .. . . .. .. . . .. 1110.00 lbl Initial application fee for any individual lil:eneee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126.00 .... ,. • • I . - • • • • • 9-7-17 lei Health therapy Mtabliabment .............. . ldl Mau.anaadme-..................... . lei AU other empioyeel .................... . lOrd. No. 6, I 1, Serill 19761 Article II-C.W. T....__, 9-7-31: DEFINITIONS 150.00/year 125.00/year 110.00/year Aa UMd iD thia Article, tbe term "ceble televilioD system" sbeU man any fllcility wbicb, iD wbole or iD part, NCeiwa directly ovw the air or via microwave or ota. IIIIUI, ampllh, or otbenriee modiliea, tbe lipala tl'lnamitting IJI'OII'IIU bi'Oidc:ut by oae Ill or more &elevWon atetioaa, wt..v.r the atetion or RUioaa may be loCI&ed, aad cliecributea .uch lipala by wire or ceble to IUbec:ribiac ......._. of tbe pabUc wbo pay for auch .me.. Tbe term •ball ... iDduda tbe oriaiaatioa oflipala trlumittiDc proii'UD8 to be raceived by television eeta, 10 Joac u the cliatribution thereof ia by wire or cable only. The term lbeU DOt, bowevw, iDduda ay fllcility which aervea only tbe rwideata of oae Ill or more chNDiap Wider common OWDenlhip, control or IDIIlqement aad COIDII*"cial eatlbliahmeata loceted on the aame premilea. lOrd. No. 32, I 2, Serite 19671 COUNCIL GRANTs PRIVILEGE It sbe1J be ualawful for IDY penon to own, Operate or CIUM tbe operation of a Clble t.elmeiaa 8Jatlm without 6nt obtainiuc a permit, licenae or fraachi8e c--.. illlled by the City CcMmcll, which permit, lic:eaee or freachiae therefor i...r by tbe City CouDCil, wbic:h permit, lieeue or franchiae •ball CODtain such recula&or)' II"Wieiou u aaid CouDCil may deem IW80Dably DICIIIary or ap- propriate for tbe ..-vation or protection of tbe health, aafety or welfare of tbecityorayoftbe IWiideate ·thereof.IOrd. No. 32, I 1, Seriee 19671 •·•·71 ,,. .. I . - • • • • • • 12.-48.5-101 Professions and Oc c upations 604 (4) The local li c ensing authority may assign all or any portion of its func · lions under this art icle to an administrative officer . Soun:e: L. 7 1, p . 867, § I ; C .R .S . 1963, § 75-3-7 ; L. 76, p . 508, § 5. ARTICLE 48.5 Massqe Parlor Code .......... -: Section 2 of chaplcr 168, Ses sion Laws of Color..to 1977. provideo lballhia orti<:lc is effecti•eJuly I. 1977, llld applies to sets occwri111 on or after uid dale. 12-4.5-101. ~ Iitle . 12-4.5-102 . l...qiolati•e declaration . 12-4.5-103 . Definitions. 12-4.5-104. l...icensi111 -aeneral pro•i- IIOIIS. 12-411 .5-105. Appl ication to local licensi n& authority -issuance. 12-4.5-106 . Rduul of l icense by local li<:ensi111 authority. 12.-.5-107. Suspension llld ~-ocation . 12.-.S-IOI. Plonons prohibiled as li<:enaees . 12.-.S-109. l...icenae fee s . 12-4.5-110. Unlawful acts. 12-4.5-111. Violalionsand penalty. 12-411.5-112 . Powen of peace officen, loCII licenlii!IMIIhorily. 12-411 .S-IIl. Buildi111 plans to accompany applicalion. 12-411 .5-114 . l"'lbbic: notice -postina and public:ation . 12-41 .5-115 . Retuhs of investiplion-deci- aion ol Mllhorities . 12-4.5-116. Restriclionl for appliaoliona for ncwliccntes. 12-4.5-117 . .......,.. op·ion. 12-4.5-111 . l...clal pemmen1 rqulalion. 12-41.5-101. Short title. Thi s anicle shall be known and may be cited as the "Colorado Massage Parlor Code". Source: L. 77 . p . 733, § I. 12.-48.5-102. Lqislatlve declaration. (I) The aencral assembly hereby declares that this article shall be deemed an exercise of the police powen of the state for the protection of the economic and social welfare and the health, welfare, and safety of the people of this state. (2) The aeneral assembly funher declares that the licensina and reauJation of masaaae parlors are matters of statewide concern; therefore, this article shall be applicable in every city, toiiVn, coumy, ind city and county in this state. Source: L. 77, p . 733, § 1. 12-41.5-103. Definitions. As used in this article , unless the context other- wise requires : (I) "License" means a grant to a licensee to operate a masaaae parlor. (2) "Licensed premises" means the premises specified in an approved application for a license under this article which are owned or in the posses- sion of the licensee and within which such licensee is authorized to carry on the practice of massage . (3) "Lccallicensing authority" means the aovemina body of a municipal· ity or city and county, the board of county commiuioners of a county, or any authority designated by municipal or county charter, municipal ordi- nance, or county resolution. ( 4) "-Location " means a panicular parcel of land that may be identified by an address or by other descriptive means . • 605 (5) "M a! hygienic put or tapping w (6) "Ma! does not inc the state bo colleges and sional or am ; (7) "Pen corporation , of any of tht (8) "Prer a building. a thereto . Soun:e: 12.-48.5-J 0- suant to the from the d a section 12-4~ (2) Appli the local lie of expiratic r cation for re local licensi 1 posted on tt hearing ha s I The local lie· subject to ju. (3) Upo'l parlor. the h boundaries < al this secti• time the app dence regard (4) Befor aider. excert requircmcnl , by petitions . lions which authority . (~) Each person shall than that wh business or t (6) Noli· ferable as to (7) No cl (8) Wher or limited p. I • • ,.. - 604 func- !althO$ s. local mpany na and -deci· 10ns for ;lion . led as 1ereby owcrs 1d lhe 1laliun miclc n rhi~ or her- ·r . ovcl.l ~~C\• • • • • • • ---·--------------= 60.5 Massage Parlor Code 12-41.5-104 (.5) "Masaaae" means a method of treating the body for remedial or hyaienic purposes. includina but not limited ro rubbina . srrokina, kncadina, or tappina with the hand or an inslrument or borh. (6) "Massaae parlor" means an establishment providina massaae, but it does not include trainina rooms of public and private schools accrediled by the state board of education or approved by the state board for community colleaes and occupational education, training rooms of recoaruzed profes- sional or amateur athletic teams, and licensed heahh care facilities . (7) "Person" means a natural person, partnership, association. company, corporation, orpnization, or manaaina aaent, servant, officer, or employee of any of them. (8) "Premises" means a distinct and definite locarion which may include a buildina. a part of a buildina. a room, or any other definite area conti,uous thereto. Source: L. n, p. 733, § 1. ll-4.5-104. 1..kea.ina • &eneral provisions. (I) AU licenses aranted pur- suant to the provisions of this article shall be valid for a period of one year from the date of their issuance unless revoked or suspended pursuant to section 12-48.S-107 . (2) Application for the renewal of an exisling license shall be made to the local licensina authorily nol less than forty-five days prior to the date of expiration. 'l1le local licensing authority may cause a hearina on the appli- cation for renewal to be held . No such renewal hearina shall be held by the local licensina authority until a notice of hearing has been conspicuously posted on the licensed premises for a period of ten days and notice of the hearina has been provided the applicant at least ten days prior to lhe hearing. The locallicensina authority may refuse to renew any license for aood cause, subject to judicial review. (3) Upon receipt of an application for a license to operate a massaae parlor, the local licensina authority shall, al its next reaular meetina, set the boundaries of the neiahborhood to be considered pursuant to subsection (4) of this section in determinina whether or not to arant said license. At such time the applicant or any other interested party may attend and present evi-dence reaardina said boundaries . (4) Before arantina any license, the local licensina authority shall con- sider, except where this article specifically provides otherwise, the reasonable requiremenla of the neiahborhoocl, the desires of the inhabitants as evidenced by petitions, remonstrances, or otherwise, and all other reasonable restric- tions which are or may be placed on the neiahborhoocl by the local licensina authoriry . (.5) Each license issued under this article is separate and distinct , and no person shall exercise any of the privileaes aranted under any license other lban that which he holds. A separate license shall be issued for eac:b specific business or business entity and each aeoaraphicaJ location. (6) No license &ranted under the provisions of this artic:Je shall be trans- ferable u to ownership except as provided in subsection (9) of this section . {7) No chanaes of location for licensed premises shall be allowed . (8) When a license has been issued to a husband and wife or to 1CneraJ or limited partners, the death of a spouse or panner shall noc require the • I • -• • • 12-48.5-105 Professions and Occupations 606 survivina spouse or partner to obtain a new license. All rights and privileges granted under the oriainal license shall continue in full force and effect as to such survivors for the balance of the license. (9) For any other transfer of ownership, application shall be made to the local licensina authority on forms prepared and furnished by the local licens- ing authority . In determining whether to permit a transfer of ownership, the local licensing authority shall consider o nly the requirements of section 12-48.5-108 . The locallicensina authority may cause a hearing on the applica- tion for transfer of ownership to be held . No such hearina shall be held by the locallicensina authority until the notice of hearina has been conspicuously posted on the licensed premises for a period of ten days and notice of the hearina has been provided the applicant at least ten days prior to the hearing. (10) The licenses provided pursuant to this article shall specify the date of issuance. the period which is covered , the name of the licensee, and the premises licensed . Said license shdl be conspicuously placed at all times in the rnassaae parlor thereby licensed . - Source: L. 77, p . 734, §I. 12-41.5-105. Application to locallicensina autbarlty • luuance. (I) Applica· lion for a license under the provisions of this article shall be made to the local licensina authority on forms prepared and furnished by the locallicens- ina authority which shall set forth such information as the local licensing authority may require to enable the authority to determine whether a license should be granted. Such information shall include the name and address of the applicant and, if a partnership, also the names and addresses of all the partners and, if a corporation, association, or other organization, also the names and addresses of the president, vice-president, secretary, and man- aaina officer, together with all other information deemed necessary by the local licensina authority. Each application shall be verified by the oath or affirmation of such persons as the locallicensina authority may prescribe. (2) (a) Before arantina any license for which application has been made . the local licensing authority or one or more of its inspectors may visit and inspect the premises or property in which the applicant proposes to conduct his business and investigate the fitness to conduct such business of any person or officers and directors of any corporation applying for a license. In investigating the fitness of any applicant, licensee, or employee or aaent of the licensee or applicant . the local licensing authority may have access to criminal history record information furnished by criminal justice agencies subject to any restrictions imposed by such agencies. In the event the local licensing authority takes into consideration information concerning the appli- cant's criminal history record. the local licensina authority shall also consider any information provided by the applicant regarding such criminal history record , including hut not limited to evidence of rehabilitation, character reference s, and educational achievements , especially those items pertaining to the period of time between the applicant's last criminal conviction and the consideration of his application for a license . (b) As used in this subsection (2), "criminal justice agency" means any federal. sta~e. or municipal court or any governmental agency or subunit of such aaency which performs the administration of criminal justice punuant to a statute or executive order and which allocates a substantial part of its annual budget to the administration of criminal justice. f:IJ7 (3) No app or on behalf o a location for • has refused tc the licenses ah reasonable req tants at the tim (4) Every < licensee shall, obtain an iden1 jurisdiction in carry said iden Soura: L. 12-41.5-U»6. ina authority : proposes to ~o or if the ch: r. violations of 1 or if, in its OJ adequate for tt Soura: L. 12-48.5-10'1 . prescribed by own motion 01 the licensee sl revoke any lie or by any of i cle, or of any or of any of such authority revoke or elec ises have been approvc•l r nr : been construct license applic< within one yea to administer . and productior of any hearing Soun:e: L. ll-411.5-108. this article sha (a) Any cc holding over 1 notofgoodm• I . - • • • • W7 Massqc Parlor Code 12 ... 5-108 (3) No applicarion ro have a massqe parlor ar a parricular localion by or on behalf of rhe same person shall be received or acred upon concerning a locarion for which, within rwo years preceding, rhe local licensing aurhoriry has refused ro approve a license on lhe around, in whole or in parr, rhar lhe licenses already aranted for the Particular locaJiry were adeq\_lare for rhe IUSOnable requirements of the neiahborhOOd and rhe desires of rhe inhabi-lanrs at the time of such refusal. (4) Every applicant, licensee, or aaenr or employee of said applicanr or licensee shall, prior ro commencing work in or upon lhe licensed premises, obcain an identity card from the law enforcement agency wirhin rhe licensing jurisdiction in a form prescribed by rhe local licensing aurhoriry and shall carry said idenriry card ar all limes while in or upon rhe licensed premises. S.U.U: L. 77, p . 735, § I. lZ-41.5-106. Reflllal of Uce~~~e by locaf llceftlina aufhorlry. The locaJiicens- ina authoriry shall refuse a license if rhe premises on which rhe applicanr proposes ro conducr ils business do nor meet rhe requiremenrs of rhis anicle. or if the characler of the applicanr or ils officers or direclors is such rhar violarions of rhis article would be likely lo resulr if a license were aranrcd, or if, in its opinion, licenses already aranred for rhe parricular localiry are adequate for the reasonable needs of rhe neiahborhOOd . Source: L. 77. p. 736, § I. 12-41.5-107. ~''Ilion and revocacJoa. Jn addirion ro any other penaJries prescribed by this article, the lOCal licensina authoriry has rhe power, on irs own morion or on complaint, after invesriprion and public hearina at which lhe licensee shall be afforded an opporruniry ro be heard, ro suspend or -·, revoke any license issUed by such authority for any violarion by the licensee or by any of its aaents, servants, or employees of the provisions of this arri- cle, or of any of lhe rules or reaulations aulhorized pursuanr lo this article, or of any of the renns, COnditions, or provisions of the license issUed by such authoriry. Jn addition, the locaJlicensina authority, in its discretion, may revoke or elect not to renew a license if ir determines that the licensed prem- ises have been inactive for ar leas! three monrhs or. in rhe case of a license approved for a facility which has not been consrructed, such faciliry has no1 been conatrucled and Placed in operation within one year or approval of rhe license appliCation or construcrion of rhe faciliry has nor been commenced wilhin one year of such approval. The local licensina aurhoriry has rhe power lo adminisler oarhs and issue subpoenas ro require the presence of persons and production of papers, books, and records necessary lo lhe delerminalion of any hearina which lhe local licensing aurhoriry conducls. ~: L. 77, p . 736, § I. 12-41.5-108. Person. prohibited as Ucen.ees. (I) No license provided by lllis article shall be issued ro or held by: (a) Any corporarion, any of whase officers. direcrors, or srockholders lloldina over ten percenr of rhe oulslandina inirial capiral srock !hereof are aor or aOOd moral characrer; • I • • • • 11-48.5-109 Professions and Occupations 608 (b) Any partnership, association. or company, any of whose officers , or any of whose members holding more than ten percent interest therein, are not of good moral character ; (c) Any person employing. assisted by, or financed in whole or in part by any other person who is not of good character and reputation satisfactory to the local licensing authority ; (d) Any sheriU, deputy sheriff . police oUicer. or prosecuting oUicer or any of the local licensing authority's inspectors or employees; (e) Any person unless he is . with respect to his character. record. and reputation. satisfactory to the local licensing authority . Source: L . 77. p . 736, § I. 1~.5-109. License fen. (I) The following license fees shall be paid to the local licensing authority annually in advance: (a) For the issuance of a new license, an amount to be set by the local licensina authority. but in no event to exceed three hundred fifty dollars; (b) For each renewal of a license . an amount to be set by the locallicens- ina authority, but in no event to exceed one hundred fifty dollars. Sowa: L. 77, p . 737, § I. 1~.5-110. Unlawful acts. (I) It is unlawful for any person : (a) To operate a massage parlor without holding a validly issued local license; (b) To work in or upon the lic:ensed premises of a massage parlor without obtaining and carrying a valid identity card pursuant to section 12-48 .5-105 (4); (c) To obtain the services provided in a massage parlor by misrepresen- tation of age or by any other method in any place where massage is practiced when such person is under eighteen years of age, unless such person is accompanied by his parent or has a physician's prescription for massage ser- vices; (d) To allow the sale, giving. or procuring of any masA&C services to any person under the age of eighteen years, unless such person is accompa· nied by his parent or has a physician's prescription for massage services; (e) To permit any person under the age of eighteen years to be employed a s an employee in a massage parlor. If any person who, in fact, is not eighteen years of age exhibits a fraudulent proof of age, any action relyirw on such fraudulent proof of age shall not constitute grounds for the revoca· tion or suspension of any license issued under this article unless the person employing such person knew or should have known that said proof of aae was fraudulent. ({) To fail to display at all times in a prominent place on the licensed premises a printed card with a minimum height of fourteen inches and a width of eleven inches with each letter a minimum of one-half inch in height, which shall read as follows : WARNING IT IS ILLEGAL FOR ANY PER ON UNDER EIGHTEEN YEARS Of AGE TO BE IN OR UPON THESE PREMISES AT ANY TIME. UNLESS • 609 HE IS ACC PRESCRIPT IT IS ILLI EIGHTEEN AT ANY Til HAS A PHY: FINES OF FOR VIOLA TITLE 12,0 Source: l 12-48.5-111 provisions of adopted purs thereof. shall for each offe one year. f'f offense may • of this article such offense no license fo to any such P< (2) The P< penalties prov to be an additi (3) Any a 12-48.5-110 (I 19-3-119, C.R. Source: L 11-48.5-112. officers of tht representative provisions of acting under 1 powers vested and the autho article . Soun:c : L. 12-48.5-113. the application plans and spe' occupied is in applicant shall submit an arc:h Source: L . ·~-5-114. I . - ;.; "1 f 'l ,. hOK •ff i c<:r~. o r •~rein, arc .,r in pari 1t i~fa c tory officer or ·cord. and >c: paid to the local liar s: calli c ~ns· sued lo c al o r without ~--I X .5-Ill5 sreprc,cn- . practice!! pers on is ervic c s tu accompoa· ices ; employed ct. i~ 1101 ion rdyinc he rcVOC;&• ithc """"" joof of a11c I • • • • Massage Parlor Code 12-411.5·114 HE IS ACCOMPANIED BY HIS PARENT OR HAS A PHYSICIAN'S PRESCRIPTION FOR MASSAGE SERVICES. IT IS ILLEGAL FOR ANY PERSON TO ALLOW A PERSON UNDER EIGHTEEN YEARS OF AGE TO BE IN OR UPON THESE PREMISES AT ANY TIME, UNLESS HE IS ACCOMPANIED BY HIS PARENT OR HAS A PHYSICIAN'S PRESCRIPTION FOR MASSAGE SERVICES. FINES OR IMPRISONMENT MAY BE IMPOSED BY THE COURTS FOR VIOLATION OF THESE PROVISIONS UNDER ARTICLE 48.5 OF TITLE 12, COLORADO REVISED STATUTES 1973. Source: L. 77, p. 737, § I. 12-411.5-Jil. VIolations and penalty. (I) Any person violating any of the provisions of this article or any of the rules and regulations authorized and adopted pursuant thereto is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five thousand dollars for each offense , or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. The coun trying such offense may decree that any license. theretofore issued under the provisions of this article or of any law relating to the operation of massage parlors where such offense was committed be suspended or revoked and may decree that no license for the operation of a massage parlor shall thereafter be issued to any such person for a period not to exceed five years . (2) The penalties provided in this section shall not be affected by the penalties provided in any other section of this anicle but shall be construed to be an addition to any other penalties. (3) Any adult who causes a violation of the provisions of section 12-411.5·110 (I) (d) to (I) (f) may be proceeded against pursuant to section 19-3-119, C .R.S . 1973, for contributing to the delinquency of a minor . Source: L. n. p. 738, § 1. ll-41.5-112. Powen ol peace olfiCft'l, ioalllbllllaa aulbority. The peace officen of the city, town. county, or city and county or the duly authorized representatives of the local licensing authority authorized to enforce the provisions of this anicle. while enaaged in performing their duties and while acting under proper orders or reaulations, lball have and exercise all the powers vested in peace officers of the state, including the power to arrest llld the authority to issue summons for violations of the provisions of this anicle . Sauce: L. n. p. 738, § 1. 12-411.5-tl3. Buildlnc plans to accompany application. At the time of filing the application for the issuance of a license, the applicant shall file compktc plans and specifications for the interior of the building if the building to be occupied is in existence at the time . If the building is not in existence, the applicant shall. in addition to the plans and specifications for the interior, submit an architect 's drawing of the building to be constructed . Source: L. n . p . 738. t 1. 1~.5-114. Pubk not~ • postiDc and publkatlon. (I) Upon receipt of • I . • • • 12-411.5-115 Profess ions a nd Occupations 610 ;~n ap plication. except a n a ppli cation for renewal or for transfer of ownership. t h e local licens ing authority s h all sc he dule a public hearing upon the applica· tion not less than thirty days fr o m the da t e of the application and shall post and publi sh the public not ice thereof not less than ten days prior to s uch hearing. Public notice s h a ll be given by the posting of a sign in a cons pi c uous place on the premises for which applic a tion has been made and by publication in a new s paper of gene ral circula ti o n in the munic ipality or county in which the premises are located . (2) Notice given by posti ng shall include a sign of suitable material. not le ss than twenty-two inches wide a nd twenty-six inches high . composed of letters not less than one inch in height a nd s tating the type of license applied for . the date of the application. the date of the hearing, the name and address of the applicant. and such other information as may be required to fully apprise the public of the nature of the application. If the applicant is a part- ner s hip. the sign shall c onta in the names and addresses of all partners. and. if the applicant is a corporation. association. or other organization . the sign shall contain the names a nd addresses of the president, vice-president, secre- tary. and manager or other managing officers . (3) Notice given by publication s hall contain the same information as that re quired for signs . (4} If the building in which the massage parlor is to be operated is in existence at the time of the application . any sign posted as required in subsec- tions (I) and (2) of this section shall be placed so as to be conspicuous and plainly visible to the general publ ic . If the building is not constructed at the time of the application. the appl icant shall po •t the pre mi ses upon which the building is to be construc ted in s uc h a manner that the notice shall be con- s picuous and plainly visible to the general public . (5) (a) At the public hearing held pursuant to this section, any party in int e rest shall be allowed to present evidence and cross-examine witnesses . (b ) As used in thi s subsection (5). "parly in interest" includes the appli- cant. a resident of the neighborhood under consideration. or the owner or manager of a business located in the neighborhood under consideration . (6) The local licensi ng a uthority . in its d isc retion, may limit the presenta- tion of evidence and cross-examination so as to prevent repetitive and cumulative evidence o r examination . Suurc:e: L . 77. p . 73 8 . § I. 11-411.5-115. Results ol ln.-estlption -decliion ol authorities. (I) Not less than five days prior to the date o f the hearing . the local licensing authority 'hall make known it s fi nd ing based upon its investigation . in writing . to the ap pli cant a nd other intere sted parties . The local li ce ns ing a uthority has au th ority to refuse to issue any license for good cause. subject to judicial rev1ew . (2) Before e nte ring an y decision ap provini or denying the appli cation. the local li ce nsi ns authority sh al l con sider . exce pt where this article specifically provides otherwise. the fa cts and evidence produced as a result of its investi- gatio n. includi ng the reasona ble requirements o f the ne ighborhood for the license for which application has been made . the desires of the inhabitants. the number. type. a nd availability of other massage parlors located in or near the neighborhood under consideration. and a ny o ther pertinent matters affect- ing qualifications of the applicant for the conduct of the business proposed . 61 1 (3) An y ,~c~.:,. a ppl ication 'hal l wi thin th irty ""' dc ci,ion >hall lw in the appli.:at ""' (4) No li.:cn ' a pproval llf a n ;o conducteu " rca me nt in pla ce a' and then only aft a uthorit y to uet e drawi ng a nd plan Sou rcc: L. T 1 12-411.5-116 . tion for the i"'"' or acted up on : (a) If. within loc a l lic ensing a1 the re aso n that desires of the irh (b) U nt il it I · se ss ion of t h~ r1 agreement. ur u1 of the owner,hir (c) Fur :t lm: a s cnnlcmrlat,·l munici palit y . .:it >, Suurc.: 1.. T 12-411 .5-117 . unless an y city . , of the qu a lifieu special election ' of thi s •tat~ u1 right to ttpcratc 1 Said local ""'inn not lc ~s than fifll ~i '-m : ntlh'l" ,, ..... !!otW,."h dct..:lhU I ,IJ: the "lah: ,,r Hf ;u shall be horne I ques t ion uf l he 1 submillcd tu the· tion is pasM:<l "' not be rcnc wc•l : option election . Suurcr: L. T I . - 610 ·'"'ncrship. h~ ap plica- 1 'hall post or to such Jnspicuous publication yin which Jlerial. not mposed or "e applied mJ addr.:" :d lu full)' 1 i' ~ part- lncr,, and . n . the 'i~;n . ..:nt. 'c~r.: .. .ion a' th;at rated i• in in •ub>el:- ic uou' and .:tcc.J at the · whi.,.h tho: all he .:on· 1y party in nesses. s the ap)lli- e owner or at ion . 1e prescnta- oetitive ami ll Not len 1g authority iting. to the athor ity ha• 1 to judicial li.:alion. the >pecifically • r its investi- ood for the inhabitants. !din or nQI' 1tters affect• proposed . • • • • • 611 Massage Parlor Code 12-411.5-JJ7 0) Any deci sion of a local licensing authority approving or denying an application s hall be in writing stating the reasons therefor and shall be made within thirt y days after the date of th e public hearing . and a copy of such decision shall be sent b y certified mail to the applicant a t the address shown in the application . (4) No license shall be issued by a ny local li ce n si ng authority after approval of an application until the building in which the business is to be conducted is ready for occupancy with such furniture , fi).tures, and equip- ment in place as arc necessary to comply with the provisions of this article. and then only after inspection of the premises has been made by the licensing authority to determine that the applicant has complied with the architect's drawing and plans anc.J s pecifications submitted upon a pplication . Soun:c: L. 77, p . 739, § I. . 12-48.5-116. Restrictions for applicalions for new lkenses. (I) No applica- tion for the ISsuance of any license authorized by this article shall be received or acted upon : (a) If. within two years next preceding the date of the application. the local licensing authority has denied an application at the same location for the reason that the reasonable requirements of the neighborhood and the desires of the inhabitants were satisfied by the existing outlets; (b) Until it is established that the applicant is, or will be. entitled to pos- session of the premises for which application is made under a lease. rental agreement. or other arrangement for possession of the premises or by vinue of the ownership thereof; (c) For a location in an area where the operation of a massqe parlor as contemplated is not permitted under the applicable zonina laws of the municipality, city and county, or county . Source: L. 77. p . 740. § 1. 12-48.5-117. Local option. The application of this article shall be statewide unless any city. city and county, county, or incorporated town by a majority of the qualified electors of any of them . voting at any reaular election or special election called for that purpose in accordance with the election laws of this state or of the political subdivision concerned. decides aaainst the right to operate massage parlors as provided by thi s article within its limi t>. Said local option question shall be submitted only upon a petition siiiJICd by not less than fifteen percent of the regi s tered electors in said political subdivi- sio n ; otherwise. the procedure with refe rence to the calling and holding of such election shall be substantially in accordance with the election laws of the sta te or or any of said local subdivisions . The expenses of such election shall be borne by the local subdivision in which said election is held . The question of the prohibition of the operation of massage parlors shall not be submitted to th.: voters more than once in any four-year period. If the ques- tion is passed in the elec tion. licenses issued shall remain in efrect but shall not be renewed after the effe c tive date of prohibition accordina to the local option election . Source: L 77. p . 740. § I. • I • - • • • • • 11-411.5-118 Professions and Occupations 612 11-411.5-118. Local ao•ernment reaW.tlon. This article is intended to pro- vide minimum standards for the licensing of massage parlors . Nothing in this article shall prohibit a local government from enacting an ordinance or resolu· tion providing more stringent standards for such licensing. but such ordinance shall meet the minimum standards established by this article. Soun:e: L . 77, p . 740 , § I . ARTICLE49 Merchants • Cb8ln S&oft Lkenae 12.4').101. Slorc defined . 12-49-107 . One-hall rate alter July I. 12.4').102 . LiCienoe required . ''12-49-101. Departmenllo employ auiiiMII. 12.4').103. Applic:alion-one lor each atore . 12.4').104 . Depanmenl ol revenue iuue 12-49-109. Disposition ollunds -appcapri· liccnoe-display. at ions. 12.4').10S . Expiration -renewal -renewal 12-49-110. Conatruction. lees . 12.4').106. Uccnse lees. 12-49-111. Violation-penally . 12-49-101. S&oft definecl. "Store". as used in this article, means any stores or any mercantile establishments which are owned. operated. maintained. or controlled by the same person. firm. corporation. pannenhip, l'r association. either domestic or foreign. in which aoods. wares. or merchandise of any kind are sold either at retail or wholesale . The term "store" shall not include any places commonly known as gasoline fillina stations or gasoline bulk plants which deal primarily in the sale or distribution of petroleum products. Any psoline filling stations or gasoline bulk plants shall be deemed clealilll primarily in the sale or distribution of petroleum products if not less than seventy-five percent of the annual sale value of all the products sokt or dis- tributed therefrom is from petroleum products. s.urce: L. 35, p . 1094. § 8; CSA. C. 161, § 8; L . 41, p . 752, i 2; CRS 53 .§ 85-3-8; C .R .S . 1963. § 85·3·8 . ~ .......... For noce . "The Liability lor the Payment ol Chain Slorc Taxes on Alency Slorcs", sec 12 Rucky MI . L . Rev . 5I (19)'1). 12-49-102. u~-ense required. lt is unlawful for any penon. firm. corpora· tion . association. or partnership, either foreign or dome1tic, to operate or establish any store in this state without first having obtained a liceiiiC so to do from the department of revenue . Source: L . 35 , p . 1090. §I ; CSA, C . 161, §I; CRS 53,§ 85-3-1; C.R.S . 1963. § 85-3-1 . C... ........... As 10 penalty for operatinl business without a lioenoe . see t 12-SI-106. .ua. Jw, See Sl Am . Jur .2d . LK:cnacs and J'Wnill, t t 4 . s . C..J.S. Sec S3 C.J.S .. Liccnacs , t 30. CeotltnldieD .. -_., _..... ..... subjod. See AlnH "·People. 2S Colo . 501. ss P . 725 (1191) (-dc<idod prior 10 ..... -· L . 3S, p . 10110, t 1). 613 12-49-IOJ .. ration, as soc.:i: this state shall tion for a lie• furnished by owner , man.11 censc. the na the store. and (2) If the store , he shall each store bu licenses may be accompan scribed in sec Source: I 1963. § K5·3·2 Aa. Jur. Sec ,.,rmits . § § 4 ~ .. 12-49-104. receipt of an the applicati• necessary an of revenue fi tain the nee! for correcti JI (2) If an fees . as pre ! department , for which a 1 display the I such license Snton-e: 1963 . ~ S)·.'- 12-49·105. iuued as tc January I ol nership hav renewal li c1 renewal lie! depart men . (2) No I following tt application revenue sh directed to delinquent I . - • • • • • • ,· Thi s pr0c edure is de s ·iq ne (i ta i\S~'--','C • •• i :1 con :p lying with r '·" s·::<.:t r. nf Colorado an ·l ) t r.· City of Englewood ·, :censin ~: "£· •. 1rerf';lltS lt you havE' ilny c;u estions rluring th e ·'IJ iJ 1 ~c a ti on peri od, cal] lf •·' ··.:":. '·''~ Cili<>f, Ci t _, c.:· En g i"''',)J.J, i6 l-l l40 , t x ~. 796. "'***** 1 . Ot:!ai n application f m ·w ~; ·l P.d i nfot ·ma'.ion ins tr uction pac ket . f rom t he Revenue Di vision, City of EnglP w·c•d. 2 . Fill out two copies o f th.: ap plica ti on (print or type). Return it t0 the Revenue Di vision with the fo i'!v>"i•l g docur,JE:nts. a/ Application Fee - Petitioning Fee- b/ License Fees- ~50.00 Fo r f nc i lity $25 .0C fer ind ividual (Nilke che c k payable to the City of ~nqlew oo d -NOT REFUNDABLE) $500.00 (Make check payable to the City of Englewood-not refundable HE J\1_ TH THERAPY ESTABLISHMENT ¢.5 0. 00/year ~1ASSEUS E t Mit:.S EUR $2 5.00/year c/ City of En,lewood Backg rou n '!__!nfonnat~~:~e s t ionn ai r e -one form will be submittedor the m~ner, a! I pa•·tners, au d 111a na gE'r. Tor corporations each stockholder OW'ling ten percent (1.0 1:) o,.. mor ~ of th t! -:nrporate stock and officers of the cor po ra tio :1 ~Ji ll ;ubmit a fhckijrr11.:nd lnfonnation Questionnaire . This must be subm itted dt tr• ill1E' of fing e l';>ri ;:ti r•q !:l y the Police Department. d/ Three letters of r c t .:!r <::lc P -each individ ua l sut:'lli ;:t "r.(' a Background Infer-) mat ion Quest lonna i ,·ewra-su ll NIT THREE LETTERS OF RE:"t:"::NC E FROM INDIVIDUALS LISTED on the Questionna ire l;N DEP CP.LD IT REFERG:C ES ; I' ;•:wFE SSIONAL REFERENCE. e/ Evidence of ri s ht t ;J ___ nrc <:(!rtv.-Pt·o of o f a pplica nt's rigrt to the premises must be presented. This nlcJj be a co py of t ~c lea ~~ o,· re nted agreement, assignment of curren~ l e11se, 0~'", if the premi s es art" owned, a copy c;f the deed. f/ Zoni ng Use Permit -~r ov id ~ ~·~Jment~tior ·~~~ tr ~~c~ -~ site is zoned for use des 1red . This infonnati 0:1 i s ·l13i 1able ilt t h" [nnl"~. rod Co de Enfor cement Divi sion of the Co n:r;;r.;nit.y D!'v el op men t De partment. g/ LJyo ut of Build inq ·· l t i s r U ·3 ~C n>·y thil t <-rc r.i•.~cL•r<'l nl ans .1nd sp ecifica - ti ens be subnd t CE'~· if tf 1P CI.H .:· • i 'iltti 0n is ne "J 0r ~ f ~here is t o be maj or re n ~deling. In the casP 0f existing b uil~1rg~. a o:a ~ nf the i nterior of the building 1dll be s u omitt ~rt . h/ Financial Statemen t -For each oe rson sub" i tt ·;.,g a 11 ackground In format ion Que stionnaire . ('!~ur ban'< l":ns f or ms which can bf: use,j ) i/ Individuals appJ.yi ng -s u t.,lit~ 1. Management Agr e ement i r i icens eE' is nnt ma na ger 2. Financial agrePme n ts r ela ting to : (a) Purchase c o r~'.r~c ts of prope r ty, ir ~~:nt 0 ry, etc . (b) Financ ial '>i,]ir.,ltio n$ (Mort g a~es, l'0tes, 0~·c.) (c) Documents s ho~dng fin ilncia l in teres t ol o ~he --s • I • - • • ( • • ,. • -2 - j/ Partner~~ips applying -submit 1. Management agreement if other than a member of partnership is manager 2. Partnership agreement 3. Financial agreements relating to: (a) Purchase co ~··.ra r t.s of property, inventory, etc. (b) Financial oblig~tions (Mortgages, Notes, etc.) (c) Documents showing financial interest of others k/ Corporations applying -submit 1. Certificate of incorporation and articles of incorporation 2. Minutes of last organizational meeting showing election of present officers and directors. 3. Copy of stock certificates issued 4. Corporate Financial Report 5. Management agreement if other than corporate officer or director is manager 6. Financial agreements relating to: (a) Purchase contracts of property, inventory, etc. (b) Financial obligations (Mortgages, Notes, etc.) (c) Documents showing financial interest of others 3. An investigation of the applicant's background wtll be completed by the Englewood Police Department. Owners, partners·, all corporate officers, stockholders with ten per cent (lOS) or more of the corporate stock and managers are required to complete a Background Investigation Questionnaire and to be fingerprinted and inter- viewed by the Investigations Div i sion of the Englewood Police Department. As the investigation reports take two to four weeks, it is incumbent upon the applicant to have all officers and owners fingerprinted as soon as possible after deciding to make an application. The application fee is due before the investigation pro- cedure is started. If any of the officers or stockholders are out of state, it is necessary that they go to their local police station and be fingerprinted and that the fingerprints be mailed by that police department to the Revenue Chief, City of Englewood, 3400 S. Elati, Englewood, Colorado . The Police Department will notify the Revenue Division of the results of their investigation of the applicant. THE APPLICATION WILL BE CONSIDERED TO HAVE BEEN RECEIVED WHEN ALL REQUIRED DOCUMENTS AND INVESTIGATIONS HAVE BEEN RECEIVED BY THE CITY CLERK. 4. Upon receipt of the application it will be submitted to the City Attorney and the Conmunity Development Depat·tment for review. 5. After receipt of the application and investigation from the City Attorney, a date will be set for appearance before the Englewood City Council (first and third Mondays of each month, 7:30P.M.) The purpose of this appearance will be to: a/ Establish a date for a public hearing for the applicant which date shall be not less than 30 days from the date of application. b/ Receive poster to be placed i n applicant's proposed business site . c/ Establish neighborhood boundaries in which petitioning will take place. d/ Answer any questions • I • - • • • • • -3 - 6 . During the r~rio d beb12er th e i ;1; t ia l app eara'lce and the Pu ~.l i c Hearing, t~e City Clerk will: a/ Advertise the public hearin ~ and pro vide proof of publi cation during the public hearing . b/ Provide a poster to th e ~oplicant announcing the public hearing . c/ Submit a copy of the application to the Cfty Attorney f~r review. d/ Submit a copy of the application to the Department of Community Development for review as to zoning compliance, and building code compliance. e/ Not less than five(5) days prior to the public hearing, the Revenue Division will notify the applicant in writing of its findings. f/ Prepare a map of the neighborhood with health facility outlets plotted. g/ Petition the neighborhood. The petitions will be circulated by an independent firm using three petitions: FOR THE APPLICATION AGAINST THE APPLICATION NO OPINION Payment for petitioning is the responsibility of the applicant. 7. During the period between the initial appearance and the public hearing the applicant wi 11: a/ Place a poster, provided by the City, announcing the date of public hearing on the premises so as to be conspicuous and plainly visible to the general public. If the building is not in existence at the time of application, the poster shall be posted upon the premises upon which the building is to be constructed in such a manner that it shall be conspicuous and pl a inly visible to the general public. A picture must be taken of the poster on the proposed premises and presented at the public hearing. The poster should be displayed the day after the initial appearance before the City Council. 8. The purpose and order of the Public Hearing: • The hearing before the council on the application is to determine the desires of the inhabitants and the reasonable requirements of the neighborhood in which an applicant proposes to oonduct his bu s iness . Chapter 1-7 of the Englewood Nunic i pa 1 Code will govern in a 11 procedura 1 matters during the hearing. It is important to note that all persons testifying during the hearing will do so under oath . Order of Hearing -The first appearance at the hearing will be the City Clerk who will present as the first exhibit the following items previously submitted ; (a) Original Application (b) Letters of Reference (c) City's working papers on applications (d) Police reports (e) A list of all existing outlets (f) Proof of right to premises (g) Plans and specifications on the layout of the outlet (h) Map showing location of existing outlets and petitioners • I • - • • • • • • - 4 - The applicant and/or his representati'le will then appear to establish the needs of the neighborhood for the outlet. All petitions, ~ps, and other exhibits will be submitted to the City Council during the appearance of the applicant. Any opponents to the application will be reco9nized. Opponents may present petitions and other appropriate evidence. Record of Hearing -The City provides a tape recording of the City Council meeting which may be used by the applicant to produce a written record at applicant's expense. If a court reporter is desired, arrangements and expenses are the responsibility of the applicant. 9. Action by City Council will be taken within thirty (30) days after the hearing. It is customary for City Council to table the application immediately after closing of the hearing. Applicant will be notified in writing of the decision of City Council. 10. If remodeling or new construction is necessary, the approved license will not be issued until the building in which the business is to be conducted is ready for occupancy with such furniture, fixtures and equipment fn place as is necessary. The Community Development Department will receive copies of plans and specifications presented at the public hearing to insure that the outlet will be remodeled or constructed in general compliance with the plans submitted at the hearing. Upon receipt of notification that the Building Division has issued the certificate of occupancy and has been approved for operation by Tri-County Health Department, the City will issue the license . I . - • • • • • REVENUE DIVISION HEALTH FACILITY APPLICATION CHECKLIST Attach to applicant's folder (fill in blanks with date completed) 1. Receipt of Application ________ Has applicant been den i ed a health facility license during past two years Two copies ---$50.00 Application Fee Englewood License Fee$ --------Background Information =o-ue_s_,.t .... io-n-naire ---------Three letters of reference on each individual ___ Evidence of ownership or right to property ___ Evidence of zoning compliance ________ Building plans of existing structure Plans and specifications of new construction or major remodeling ---------Articles of incorporation/or partnership agreement, stock certificate ________ Cor-porate meeting minutes showing election of current officers 2. Police Department investigation Names of individuals requiring background fnvestfgatfon 1. 3. 4. 2. 3. 4. 5. 6. ________ Persona 1 History sent to Pol fee Department --------Appointments made for applicant's fingerprinting and P.O . interview ___ Police report returned to Revenue Division ___ Date of application (receipt of all documents) Initial Appea ranee·---.-.-.~~----( Date) Applicant notified ---Neighborhood boundaries set Public Hearing Date ---Poster given to app .... l ... ic_a_n..,.t---- 5. Revenue Division ___ Notice of public hearing advertised in newspaper ___ Received official copy from newspaper ________ Submit application to Department of Community Development for review ___ Notify applicant in writing 5 days before public hearing of findings ___ Petitioning completed -Cost $ ________ _ 6. Public Hearing ------..:Applicant file prepared for Council Packet _____ Map of Area showing present outlets/petitioners 7. Decision of City Council ________ Approved ___ Disapproved 8. Post Hearing -Revenue Division Decision sent to applicant by certified mail -------.... __ ___,.ape recording of public hearing given to applicant __ __;Licenses mailed to applicant • • I • 0 ' • • • • P R 0 C L A M A T I 0 N WHEREAS, many students of Englewood High School, under the dlrection of Jack Arrowsmith, have been engaged in rehearsals of the famous musical OKLAHOMA by Rodgers and Hammerstein; and WHEREAS, OKLAHOMA will be presented at Englewood High School in Fisher Auditorium on February 28, 29 and March 1. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the week of February 25 through March 1, 1980 as OKLAHOMA WEEK for En~lewood High School in the City of Englewood. GIVEN under my hand and seal this 19th day of February 1980. Eugene L. Otis, Mayor • I • 0 • • • • P R 0 C L A M A T I 0 N WHEREAS, many students of Englewood High School, under the direction of Jack Arrowsmith, have been engaged in rehearsals of the famous musical OKLAHOMA by Rodgers and Hammerstein; and WHEREAS, OKLAHOMA will be presented at Englewood High School in Fisher Auditorium on February 28, 29 and March 1. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Engleuood, Colorado, do hereby proclaim the week of February 25 through March 1, 1980 as OKLAHOMA WEEK for Englewood High School in the City of Englewood. GIVEN under my hand and seal this 19th day of February 1980. Eugene L. Otis, Mayor I • • t f • • • • P R 0 C L A M A T I 0 N WHEREAS, many students of Englewood High School, under the direction of Jack Arrowsmith, have been engaged in rehearsals of the famous musical OKLAHOMA by Rodgers and Hammerstein; and WHEREAS, OKLAHOMA will be presented at Englewood High School in Fisher Auditorium on February 28, 29 and March 1. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the week of February 25 through March 1, 1980 as OKLAHOMA WEEK for Englewood High School in the City of Englewood. GIVEN under my hand and seal this 19th day of February 1980. Eugene L. Otis, Mayor • I • - • • ( • Present: Absent: Ot hers Present: • • • MINUTES Board of Career Service Conunission Thursday, December lJ, 1979 5 A Jo Ellen Turner, Jud~th Henning, Robert Erundage, William Hanson Edward White Mel BeVirt, Employee Relations Director, Hugh Brown, Administrative Assistant to the City Manager Chairperson Henning called the meeting to order &nd called fer approval of the Minutes of November 29, 1979. Conunissioner Hanson moved and Conunissioner Br~~dage seconded approval of the minutes. AYES: NAYES: Turner, Hennjng, Brundage, Hanson None * * * * * Item J on the Agenda was the Employee Association's Choice. were represented. * * * * * None of the Associations Item 4 on the Agenda was the City Manager's Choice. Hugh Brown had nothing to report. * * * * * Item 5 on the AgendE was the Employee Relations Director's Choice. Mel BeVirt indicated he and Mr. Brown had met with the employees whose job descriptions and rankings in the Benchmark classification had been under appeE.l. The employees in these classifications had withdrawn their appeal, and consequently, Mr. BeVirt asked the Board to approve the following Job Descriptions and rankings in the Benchmark classification: Planning Assistant Maintenanceworker "A"--Traffic Parks Leadworker Meter Repair Technician Plant Operator--Wastewater Treatment Plant Horticultural Technician ClericE•l Technician--Housin€, Housing Rehabill tation Technician Maintenanceworker "A"--Public Works Horticultural Aide--Parks Mr . Brown explained to the Board that the position of Mf,ter Repair Technician was not under appeal, but due to organizational changes, a revised job description and ranking is being presented. Additionally, the Maintenanceworker "A" position has already been appr oved by the Bo ard but. has been revised to include special job duties and requirements for the Public Works department. Mr. Brown further stated that the Horticultural Aide position is new. This position and ranking · is justified in that. it better reflects the additional certification necessary to perform the job duties. This position had priorly been a Maintenanceworker "A" . Conunissioner Henning showed concern for Al Vandemark and Cindy Adams' appeals sign- orr fhe€'t where they indicated they felt every &.ppE·al has been of no com.equence. Commissioner Henning stated that they obviously don't understand the process enough to know they have one appeal, and one only to make. Mr. BeVirt indicated they may have interpreted their meetingfl with Mr. Br ·owl!. and himself and the conunittees as being individual appeals . • I • • - • • • • Minutes Career Service Board December 13, 1979 After further discussion, Cormnissioner Henning looke d f or a motion app1 ·o ving the job descriptions and classifications rankings f or positions pr esented tonight-- and that includes: Planning Assistant Ma.intenanceworker "A"--Traffic Parks Leadworker Met.er Repair Technician Plant Operator--WaE:tevJater Trfat.ment Plant Horticultural Technician Clerical Technician--Housing Housing Rehabilitation Technician Ma.intenanceworker "A"--Public Works Horticultural Aide--Parks Cormnlssioner Turner n.otioned, seconded by Cormnissioner Hans on , to approve the job descriptions and classification rankings as mentioned. AYES: NAYES: Turner, Henning, Brundage, Hanson None Mr. BeVirt indicated that the L.E.A. and Communicators in the Police Department were combined to include the job description and ranking of Support Services Technician. The people occupying those positions have signed off to their agr~ement with the job descripti.an.. In addition, a new position of Senior Support Services Technician has been agreed upon. This position is of a supervisory capacity. It would provide supervision to the Support Techniciar•s on all shifts. Presently, this supervision in not always available. As a result of this reclassi- fication, Mr. BeVirt is requesting tl::e Board to proceed with in-house testing to develop an Eligibility List for Senior Support Services Technician with the Folice Department. The qualification would be one year exrerience in the Commur.ication position. Presently, that would include around four individuals. Cormnissioner Henning, after further discussion, asked for a motion stipulating that as a result of the reorganization of the police department, to reclassify the positions of Law Enforcement Aide and Emergency Cormnunicator to read Support Services Technician and to add the supervisory position of Senior Support Technician. In regard to the Senior Support Technician, Commissioner Henning indicated the Board will accept the recommendation of the Employee Relations Director of an oral examination with the requirement of one year of service as a Communicat or or Law Enforcement Aide with the Englewood Police Department. Commissioner Turner mc ve d and Commissioner Brundage seconded the motion. AYFS: NAYFS: Turner, Henning , Brundage, Hanson None Mr. BeVirt also made available, pursuant to the Board's request, the individual signatures of the members of the Mid-management group showing their agr~ement wi th the Peti t ion for Unit Determination. All the members signed,with one exception . Commissioner Henning asked for a mo tion to accept these petitions of the individual s igners. Commissioner Hanson moved, seconded by Commissioner Brundage, to accept the petitions. AYES: Turner, Henning, Brundage, Hanson NAYES: None Mr. BeVirt also asked the record to reflect that Hugh Brown is leaving the City to accept an appointmen t with the City of Wheat Ridge as Director of Administrative • I • - - f • • ( ' • • • • Minutes Career Service Borord December 13, 1979 Services. He indicated that without Hugh's attention to Benchmark in a technical sense, the City would not have gotten so far and been so successful. Commissioner Brundage added that it had been a pleasure for the Board to work with Mr. Brown and in his capacity had been flexible and versatile. He offered his congratulations and best wishes. Commissioner Heru ,ing agreed and asked that a letter of commendation ft ·om the Board be placed in his personnel file and also sent to Hugh's new employer. Mr. Brown thanked the Board for their kind words and good wishEs. He expressed to tbem !tis apprec:lation for their help and support for the last several years. * * * * * Item 6 on the Agenda was the Commissioner's Choice. The Commissioners concluded that on the eveJiing of January 10, 1980, the Board would hear the postponed grievance of Firefighter Brian Bruns and also hear the Benchn~rk appeal of FrnEstine Michauc, Comp~:.ter Operator. Also, the Board reconfinned the dates of January 21, 22 and 23 for hearing the Petition fer Unit Detennination. Hugh Brown asked the Board to take solllf· formal action commending the lllf•mbers of the Bf,nchmark coiJIIIl5.ttee for their diligent work during the Benchlnf.rk process. Mr. Be\'irt felt it would be appropo after all the appeals have be€n finalized and then at that time, place a letter of corranendat.ion in the:l.r personnel file. * * * * * Item 7 on the Agenda was the Declaration of Vacancy.Commissioner Brundage m<tved, seconded by Commissioner Tun•er 1 o accept the Declaration of Vacancy. AYES: NAYES: Turner, Henning, Hanson, Brundage None * * * * * Item 8 on the Agenda was the approval of the Eligibility lists. CoiJIIIl5ssioner Turner motioned, seconded by Collllioissioner Hanson, the..t the eligibility lists be approved as read (see attached). AYES: NAYES: Turner, Henning, Hanson, Brundage None * * * * * Item 9 was the Acceptanc e of Persorillel Actions. Commissioner Turner commented on Mr. HofnauEr's promotion . She indicated she w~.s pleased to see things working out so well for him. Colllllliss i oner Hanson motioned, seconded by Commissione-r Brundage, to approvt the Personnel Ac t i ons . AYES: NAYES: Turner, Henning, Hanson, Brundage None * * * * * Upon motion by Commissi oner Hanson, seconded by Commissioner Brundage , Commissioner Henning adjourned the mee t ing. AYES: NAYES: Turner , Henning, Hanson , Brundage None ~ii8~ Ju ;;;; Hennii\;,Cll{rperson Career Service Board I • • - • • Approved December lJ, 1979 Declaration of Vacancy: Fire Department : Clerical Technician; 1 position Parks Department: Maintenanceworker "A"; 1 position Public Works Department--Traffic: Ci ty Service Worker II; 1 rosition Eligibility List: Police Dept:rtment (Promotional ) : Sergeant Public Works--Servicenter: Supervisor Utilities: Water Plant Operator Wastewater Treatment Plant: Chief Operator I . • • - • • ( • P~ ACI'ICNS NEW P103ATIOOARY l'lt!Pl..OYEES Farmer, Greg Jolm King, Virginia Starr Kottenstette, Paul Dfnnis lAsh, Randy UcCluskey, Jolm Pierce, Randy PIODl'ICNS Austin, Mike a.u-kett , Lawrence I..oc::lt\IJOCX, Kei tl:-. E. !!ab'dalenski, Jobn Soto, Felix Tony Stanton . Mf,·rle E. Tallent, J~~s Jr . Trifunac , Petar ~TICNARY 'ID PERMANENI' WI'lli INOIEASE Hall, James Helsn, James C. Jr. • • • Approv~~ December 13, 1979 Operator Trainee--Wastewater TreaUnent: Grade '1\\o (2); Effective 12/11/79 City Service Worker !!--Wastewater Treatmen1 Grade '1\\o (2); Effective 12/10/79 Chief Plant ~atcr-Wastewater Treatment ; Grade Seven (7) ; Effective 1/7/80 Chief Plant Operator-Wastewater Treatment ; Grade Seven (7); Effective 12/7/79 City Service Worker 11--Utilities; GI·a.ck· '1\\o (2); Effective 12/7/79 City Service Worker !!--Utilities Grade TWo (2); Effective 12/17/79 Irrigation Teclmician-Parks and Recreation Grade Four (4); Effective 12/1/79 Chief Plant Operator-Wastewater Treatment ; Grade Seven (7); Effective 12/1/79 Plant Operator--Utilities; Grade Six (6); Effective 12/16/79 D.O.E.-Fire; Effective 12/1/79 Leadl!orker-Pa.rks and RecreE•tion; Grade Five (5); Effective 12/1/79 Equl pnent ~rator !-Wastewater Treatment; Grade Four (4); Effective 12/1/79 SUpervisOr fServicenter--Publ ic Works; Grade Seven (7}; Effective 12/16/79 Chief Plant Operator--Wastewater Treatment; Grade Seven (7); Effective 12/1/79 Plant ~rator --Utilities; Grade Six (6); Effective 12/16/79 Plant ~rator-Wastewater Trer•.trrent; Grade Five (5); Effective 12/16/79 Plant Operator-Wastewater Treatment; Grnde Five (5); Effective 12/16/79 Police Officer --Police; Third Class: Effective 11/16/79 • I . - - • • • • • PR:EATICW.RY '1'0 PERMANENr WITH INalEASE (f'l)[lt 'd.) t<.• be ar:proved Dec.l 3 , 197: Leopard, Sherri L. Trusty' Mark RESI~TICN Gerlick, Harold Allan DISMISSAL Speers, Wesley Recreation Leader-Parks and Hecreation; Grade Fow· (4); Effective 12/1/79 Plant Operator--wastewater Treatment ; Grade '1\lo (2); Effective 12/16/79 Parks Maintenance I.ea.dworker--Parks; Grade Five (E·); E1.'fective ll /30/79 Cit.y Service Worker II--Public Works (Streets) Grade Two (2); Effective 11/26/79 I • -• • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION January 8, 1980 I. CALL TO ORDER. The regular aeeting of the City Planning and Zoning co .. ission was called to order at 7:05 P.M. by Vice-Chairman Lathrop. Meabers present: Carson, Bilo, Lathrop, Becker, Draper, Pierson Wanush, Ex-officio Meabers absent: Tanguma Also present: Assistant Director D. A. Romans Associate Planner Alice L. Fessenden II. APPROVAL OF MINUTES. Vice-Chairaan Lathrop stated that Minutes of December 4, 1979, were to be considered for approval. Draper 110ved: Pierson seconded: The Minutes of December 4, 1979, be approved as written. AYES: Carson, Draper, Lathrop, Pierson, Becker NAYS: Bilo ABSENT: Tanguaa The action carried. Mr. Bilo questioned that his vote regarding use of the electronic voting procedure vs. voice vote was recorded properly and stated that his vote reflected that position. Mr. Tanguma entered the meeting at 7:10 p.m. and assumed his place on the Commission. Mr. Lathrop turned the meeting over to Mr. Tanguma. III. CENTURIAN PARTNERSHIP Planned Development CASE #27-79 Mr. Tanguma stated that he understood Dr. Oliver, the applicant in this case, wanted to ask for a further continuation of the Public Hearing. Dr. Richard Oliver stated that he is one of the partners in Centurian Partnership, and that they are still trying to work out some of the problems with Mountain Bell and Public Service Coapany. He asked that the matter be continued until February 5th. • I • - • • • • • • -2- Pierson moved: Carson seconded: The Public Hearing on Case #27-79, Centurian partnership Planned Development, be continued to February 5, 1980, AYES: Carson, Draper, Lathrop, Tanguma, Pierson, Bilo, Becker NAYS: None The .ation carried. IV, TA A. PELSUE/J,A,L, COMPANY 2 00 South Tejon Street 2525 South Raritan Street CASE #l-80 Kiss Fessenden gave the staff presentation, and stated that the applicant is the J.A.L. Company on behalf of the T. A. Pelsue Company. The parcel of land is unsubdivided, and is zoned 1-1, Light IndUstrial. There is one building on the site, which bas the address of 2500 South Tejon Street. The proposal is to construct a second building on the parcel, which would carry the address of 2525 South Raritan Street. By con- structing a second building on the site, the property is, in effect, divided even though it is proposed to remain under one ownership. The new structure would have frontage on South Raritan Street and West Harvard Avenue, and will also have access from these two streets. There is no substantial benefit to be gained by the public by requiring the filing of a Sub- division Plat, and the staff recommends that the waiver to the requirement of filing a plat be approved. The action re- quired by the Planning Commission would be to approve the Sub- division Waiver by Resolution, which would be recorded in the office of the Arapahoe County Clerk and Recorder along with a reproducible drawing of the division. Mr. Brad Pelsue stated that he is Vice-President of Pelsue Company. He asked if the Commission had any questions of him? Mr. Carson asked what type building was proposed? Mr. Pelsue stated they propose to build another metal building of basically the saae type as that constructed at 2500 South Tejon Street, Mr. Pelsue stated that they presently have rental facilities at 2800 South Shoshone Street, and they want to get their en- tire operation on one site. Carson moved: Lathrop seconded: The Planning Commission approve the Sub- division Waiver requested by the J.A.L. Company for T. A. Pelsue Company, as re- quested in Case #1-80, AYES: Carson, Draper, Lathrop, Tanguma, Pierson, Bilo, Becker NAYS: None The .ation carried • ' I • - ( 0 • • V. B-1 ZONE DISTRICT Permitted Uses • • • -3- CASE #3-80 Mrs. Romans stated that at the last meeting, Mr. Bilo had asked that the staff prepare information on Permitted Uses in the B-1 Zone District for discussion at this meeting. Mrs. Romans stated that Mr . James Keller, Executive Director of the Downtown Development Authority, has reviewed the uses in the B-1 Zone District, and has given the staff the benefit of his thinking on the matter. The Downtown Review Committee also considered the uses permitted in the B-1 Zone District, and the listing of proposed uses for that Zone District which is before the Commission this evening is a compilation of those submitted by Mr. Keller and by the Downtown Review Com- mittee. Mrs. Roaans stated that she felt it would be very helpful if the problems of the downtown area could be taken care of by changing the permitted uses in the B-1 Zone District. Mrs. Roaans stated that she felt several of the uses that have been of concern are symptomatic of economic conditions, and asked that the Commission members keep in mind that a revision of the permitted uses in the B-1 zone District, alone, will not solve the problems of the downtown business district. Mrs. Romans stated that the Downtown Review Committee was very interested in allowing high-density residential use in the B-1 District; it was their feeling that if the downtown area was not used 24-hours a day, it could not be a viable area. This use bas been added to the list of permitted uses; however, there will have to be different standards for multi-family use in the business district than in the R-3, High Density Residence Zone District. Mrs. Romans stated that the Downtown Review Co .. ittee had suggested that second-hand stores be peraitted in the B-1 Zone District; however, Mr. Keller is of the opinion that an establishment devoting its business entirely to second- hand goods is not an appropriate use for the B-1 zone District, and should not be permitted. Mrs. Romans stated that the staff has stricken the second-hand stores from the listed uses, and has more fully defined "antique" stores. Discussion ensued. Mr. Tanguma asked where second-hand stores would be permitted? Mrs. Romans stated that they would be permitted in the B-1 zone District. Mr. Tanguma asked what the reasoning is behind the elimination of second-band stores from the B-1 District? Mrs. Romans stated that the goal is to up-grade the downtown area, and to avoid such uses in the B-1 District. Mr. Keller stated that be would agree that the aia of the Downtown Development Authority is to raise the quality of the stores in the downtown area; by restricting some of the uses it is felt that encouragement could be given businesses who have expressed concern about the quality of goods sold in soae of the establishments and about the clientele attracted to those establishments. • I • • • • • • -4- Mrs. Romans reviewed the list of uses, noting those that have been eliminated, or combined with similar uses. Mr. Draper asked if a bicycle store would permit sale of Mopeds? Mrs. Romans stated that Moped sales could probably be included in a bicycle store. Mr. Keller suggested that if it is the intent to eliminate such sales, it could be noted that the sales would be limited to non-motorized, or put a horsepower limitation on the vehicle. Mr. Tanguma questioned what a "crating service" was. It was explained that a crating service would be the packaging of items for shipment. Mr. Tanguma then asked if there were any stores selling second- hand goods as well as new stock? Mrs. Romans stated that Grahams Furniture on South Acoma Street apparently takes trade- ins and offers the used goods for sale. Mrs. Romans further reviewed the list of uses as proposed. She noted that both members of the Downtown Review Committee and the Downtown Development Authority suggested that pawn shops be eliminated from the list of permitted uses for the B-1 zone District. Mr. Draper asked if this proposal were to be adopted, would the pawn shops in existence then become non-conforming, and would this preclude their expansion? Mrs. Romans stated that this was correct. Mrs. Romans continued the review of the listed permitted uses. She suggested that possibly Post Office could be included under "public buildings and public facilities", and could be eliminated as a specific item. Mrs. Romans questioned that "printing, publishing and allied industries" should be retained in the B-1 District, or whether it should be included in the industrial area. Mr. Tanguma noted that there is a restriction on the size of trucks allowed for the special trades contractors; however, a sign painting shop is allowed and no restriction on the size of vehicle is placed on this use. He noted that these busi- nesses carry a lot of equipment around and might use a rather large truck. Mrs. Romans stated that she had checked on the size of the vehicle used by a local florist, which is one ton; it was felt that this was a reasonable size to allow to remain on the premises in the Central Business District. Mr. Tanguma stated that he felt most contractors used a one and one-half ton vehicle in their business. Mrs. Romans questioned that this vehicle should be in the downtown area except for loading or unloading; should they not be stored either in the B-2 or industrial areas? Mrs. Romans then questioned whether the contractors businesses should be allowed in the downtown business district, or whether the businesses should be restricted • I • • - ( • • • • • • -5- to the B-2 or industrial districte, also. She stated that the one-ton vehicle limitation would appear to accommodate the retail businessman's needs. She noted that businesses such as furniture stores usually warehouse their vehicles elsewhere than on the primary business site. She emphasized that the intent is to upgrade the downtown business area . Mr. Draper stated that it would appear that the contractors would be limited on the use and size of vehicles, but that other businesses such as furniture stores would not be limited. Mrs. Romans suggested that perhaps a vehicle size limitation should be a reference that would apply to all businesses in the down- town area. Mr. Bilo stated that be felt this would be a good idea; with the allowance of multi-family dwelling units in the downtown area, the larger vehicles would create a lot of con- gestion. Discussion ensued. Mrs. Becker asked the difference between "Offices" and "Pro- fessional Offices." Mrs. Romans stated that there is a specific definition for "Professional Offices" which includes doctors, lawyers, architects, engineers, vs. the "Offices" which would include insurance, real estate and similar businesses. Further review of the suggested permitted uses ensued. Mrs. Romans discussed other provisions suggested in the B-1 Zone District, such as requiring all signs to conform to the Sign Code, maximum height, minimum yards and entrances. It is suggested that the present requirement that doorways be set in three feet so that opening doors will not interfere with pedestrians on the sidewalk be retained. Mrs. Roaans then discussed the suggested provisions dealing with external effects and the enclosure of uses. Mrs. Becker inquired if the pro- hibition of "glare" would preclude the use of the glass that is being used for walls on the newer buildings? She noted that the glare from this glass is pretty bad. Mrs. Roaans stated that this is a point that would have to be discussed further. Mr . Wanush stated that such a provision is an "either/or" situation; if the structure did not aeet the provisions, the permit would have to be denied . He pointed out that another way to approach this would be to require that all new con- struction in the downtown area be done by Planned Development or under a special permit system. Mrs . Romans pointed out that there was a Design Review Ordinance proposed several years ago; she stated that if the members of the Commission would be interested, copies of this proposal would be made available • Mrs . Romans stated that the proposed section on Enclosure of Uses provides that every use shall be operated within an en- closed structure unless specifically exempted • • I • - • • • • • -6- Mrs. Romans discussed some of the ideas that the staff is con- sidering regarding the multi-family dwelling units in the down- town area. The possibility of a premium for plazas and arcades or open space provided is one of the considerations; another is the matter of outside exposure for windows. The parking require- ments for an apartment complex will also have to be addressed . Mr. Draper asked what the means of height "exception" are? Mrs . Romans stated that one means of exceeding the stipulated height is to provide one additional foot of setback on each side for each foot of height over and above that which is per- mitted. Or, the applicant can apply to the Planning Commission and City Council for approval; the Commission would review the plans for the structure and make a recommendation to the City Council, which body would then hold a Public Hearing on the request. Mr. Lathrop asked if there would be any stipulation on side- walk sales? Mrs. Romans stated that any restrictions on side- walk sales would be covered by the Municipal Code. Mr. Lathrop stated that often merchants block the sidewalks with the mer- chandise offered in the sales. Mrs. Romans stated that the City Council could require that the sidewalk not be blocked when approval is given for the sidewalk sales . Mr. Lathrop also discussed other situations where the sidewalks are blocked, such as at the bus station; the loading of freight and passengers completely blocks the sidewalk for pedestrians. He inquired if there could be a requirement for designated loading areas? Mrs. Romans stated that the Supplementary Regula- tions have specifications for loading areas . Mrs. Roaans stated that in the future, off-street parking areas for bicycles are going to have to be required in the business areas. Mrs. Romans stated that there are many iteas that need further study and consideration, and asked if the co .. ission felt there would be any problem in going into this further at the aeeting on February 20th? Mrs . Pierson asked if there would be City Council representatives sitting on the Planning Commission . Mrs. Romans stated that this would be up to the determination of the City Council. Mr. Keller stated that he would like to make some comments on the proposed permitted uses. He suggested that #67, Pluabing retail sales, could be combined in #80, the Special Trades Contractor. He felt that by specifically stating that plumbing retail sales were permitted was "special treatment", and might be subject to question. He asked if the Commission and staff would be considering the "combination" of residential uses with business uses; residential uses on the upper floors and business uses on the first level? He noted that there are a couple of these mixed uses in existence. Mrs. Romans stated that this would be covered under the aulti-family category • • I • - • • • • • -7- Mr . Bilo asked if the proposal would allow multi-family units on the first level or restrict them to the upper levels? Mr.Wanush pointed out that four units is considered multi-family; the multi-family use should be accomplished by planned develop- ment or special review procedure. He pointed out that there are several types of residential uses that are "multi-family" that would not be appropriate in the downtown area. Mr. Keller stated that he would like to see as much flexibility in this ordinance as possible, and that controls should be from an architectural conformance standpoint. Mr. Keller stated that the cost of land in the downtown area will preclude a lot of uses, and be feels it is imperative that the ordinance be very flexible to allow the developers to be very innovative. Mr. Draper asked what the range of land values was? Mr. Keller stated that the property on Lincoln that the Downtown Develop- ment Authority is looking at is priced at $8/sq . ft., and an- other property is priced slightly lower than this. He pointed out that South Lincoln Street is a "dead-end" street in this area, and compared this to land values on Hampden Avenue and Broadway. He noted that the land value of the PUblic Service property on Broadway has increased by 50%, while the structure value bas decreased. Mr. Keller inquired as to the status of billboards? Mrs. Romans stated that new billboards are not permitted; there is no amortization provision in the Sign Code, however, and those that have been eliminated have been eliminated through cooperation with the sign company and the City staff. Mr. Keller noted that the Downtown Development Authority is looking toward creating a theme for the downtown area, and noted that it would be "distressing" to come up with a theme that would not be compatible with the provision that doorways should be in-set. Mrs . Romans stated that this is a safety factor, and suggested that it should be kept in aind when the DDA is choosing the theme for the downtown area. Mr. Keller felt that the five horsepower limitation could create hardships for structures and businesses requiring use of elevators, refrigeration units in grocery stores, etc . He suggested that no limitation be placed on the horsepower, but rather to base any restriction on the impact a particular unit might have. Mr. Wanush asked if Mr. Keller was stating that a design review aspect of the proposed ordinance should not be considered un- til the DDA has developed a theme? Mr. Keller stated that he is an advocate of design review. Mr. Wanush stated that the Commission and staff would be dealing with the process that is part of the development of the theme ; how would Mr. Keller suggest they proceed on this? Mr. Keller stated that he would like to work together on this --the Commission and the members of the DDA and staff. Mr. Keller stated that at the second • I • - • • • • • • -8- Board meeting in January, members of the Downtown Development Authority will address the reconstitution of the Downtown Merchants Association; he stated that he felt there would be more promotional activities conducted in the downtown area, and they would want to do everything possible to increase pedestrian traffic. Mr . Tanguma asked if members wanted to discuss the proposed B-1 Permitted Uses any more at this time, or lay it over to the meeting of February 20th? Mr. Wanush asked if the members had any suggestions, to please call them in to Mrs. Romans or to him. Mr. Bilo stated that he felt the matter of parking is going to be one of the biggest problems to be faced in the downtown area. Mr. Lathrop suggested that the opening of doors in buildings be standardized; some of them open inward and some open out. Those than open to the inside are fire hazards, and could be vary dangerous particularly where there are large congregations of people . Mrs. Romans stated that all new structures will have to meet the provisions of the Building Code and Fire Code . VI. COUNTRY CLUB JOINT VENTURE CASE #21-78 Mr. Wanush stated that there has been no progress on this pro- posal since he reported in December. VII. PUBLIC FORUM. Mr. Tangu.a asked if any •ember of the audience wished to address the co .. ission? No one indicated that they wanted to speak to the co .. ission . VI II . ADIIINISTRATIVE HEARINGS. Mrs. Ro•ans stated that at the meeting of December 4, 1979, Assistant City Attorney DeWitt attended and he and the Com- mission discussed the matter of administrative bearings vs • quasi-judicial hearings. It was planned that further discussion be held at this meeting ; however, Mr . DeWitt was unable to attend the meeting and it was suggested that perhaps this could be postponed to a later date when Mr. DeWitt will be in attendance. It was suggested that the •atter be put on the agenda at a later date . IX . DIRECTOR'S CHOICE. Mr . Wanush stated that on Septe•ber 5, 1979, the Planning • I • - - r • • ( • • • • -9- Commission recommended to City Council the vacation of the Acoma/Bannock alley north of West Jefferson Avenue. This recom- mendation was approved with conditions, one of which was that the 8" sewer line in the alley be relocated. This determination of the Planning Commission's was made based on the recommenda- tion from Utilities Director Stewart Fonda. Since this time, Mr. Fonda has talked to Mr. Davis, an adjoining property owner, and has submitted a letter to Mr. Davis stating that the sewer line need not be relocated so long as an easement is maintained. Mr. Wanush stated that this results in the City Council having before it a reco .. endation from the Planning co .. ission stating that if the sewer line is not relocated, the alley should not be vacated, and a letter from Mr. Fonda to Mr. Davis stating that the sewer line does not need to be relocated if an easement is retained. Mr. Wanush stated that when the staff made their recommendation to the Commission, it was based on the reco .. enda- tion from Mr. Fonda that the sewer line be relocated or the alley vacation not be approved. He stated that he did not think there was any action that the Commission needed to take at this time, but he felt they should be aware of what the City Council would be considering. Mr. Tanguma stated that this matter came up before the City Council at the meeting on January 7th; he asked if there was any way the Planning Commission could clarify their position? Mrs. Pierson suggested that perhaps a letter could be sent to City Council. Mr. Wanush asked what the co .. ission wanted tbe letter to reflect? That their recommendation was based on the recommendation of the Director of Utilities at that time, and if Mr. Fonda's opinion has since changed, the co .. ission would still go along with Mr. Fonda's current reco .. endation? Pierson moved: Bilo seconded: Tbe Planning Co .. ission send a letter to City Council stating that the co .. ission would support Mr. Fonda's current reco .. endation regarding the maintenance of an easement for the 8" sanitary sewer line in the Acoma/Bannock alley north of West Jefferson Avenue. AYES: Carson, Draper, Lathrop, Tanguma, Pierson, Bilo, Becker NAYS: None The motion carried. Mr. Wanush stated that the Downtown Developaent Authority is in the process of circulating petitions to get the parking lot and mini-park "off the ground." He stated that progress is being made on these projects. The meeting adjourned at 8:45 P.M. • I • - - ( • ( • TO: FROM: DATE: SUBJECT: • • • MEMORANDUM Honorable Mayor Eugene L. Otis and Members of City Council Louis Parkinson, Municipal Judge February 12, 1980 MUNICIPAL COURT ACTIVITY REPORT FOR JANUARY, 1980 Attached is the Municipal Court Activity Report for the period of January 1 -31, 1980. The report is being transmitted to keep you fully informed of Court activity and requires no action by City Council. /b Att • I • • - - c • ... -----·- il[V[I,UE SOURCE • • • '·'tlf li i 'II'AI i't •ttld' At''t'IV I 'I'1' 1'1 I'(IJ. t Jf,~HII\HY 19IJO ,1,'\;iiJ/\H't I '1/Y :iolallons Jurcou Fines-----------------$ 5,566.00 Purhll19 iolot 1on Fines -----------------~.~75 .00 Courl <.o.c"-----------------------------10 , I 7D . DO ---------- Co urt Co>ts -----------------------------3,~52.00 •!itness Fees ----------------------------50.00 J ~ry Fees --------------------------------0- :!on d Forf~i tures -------------------------0 - Dnve r !;:-:ijroveme nt School Fees ----------240 .00 Appeal Bond Fees -------------------------0- Ar apohoe CoJn ty (DU I's)-----------------__ _,_12=.:2,_,.'-"5-=-0 T01 •'LS 2~ ,033 . 50 Arra 1 gn:ne n ts ---------------------------- Guilty pl eas (incl. nolo oleas)- •:ot Gui 1 ty pleas ---------------- Cont 'd., Failed to Appeor , Dism. 1raff ic 'iol ol1ons Bure au--------------- Gui 1 ty pleas -------------------- r:ot Guilty pl eas---------------- Trials scheduled for month -------------- Juries scheduled (h eld )---------J~ries can ce ll ed----------------J~ri es cant i nued---------------- Jur ies dismissed---------------- Tri als to the Cour t--------------------- Pre -T rio 1 Conferences ------------------- Op tionol Pre -Trial Confe rences ---------- Spe ci a 1 He a ri nqs------------------------ Cas es closed by dispositi on------------- Cases c lo;cd hy Def. Pros-/Sentence----- Drive r Schoo l At tcndance---------------- \la rrants and Execu tions issued ---------- Ca :es rendin9 (not i ncl. pa r king)------- •:a. OF Cl\c [S FILED SY CATAGORY : 345 1~3 12 1 ~I 396 316 eo 219 19 18 0 0 200 19 205 33 178 .23 95 1,655 ·:ovin~ :raffic vi olati ons---------------633 ?arki ng violations ----------------------1,643 :.o ool i ft ing viol•tions ------------------17 Otrer ord inaoce viol ations--------------41 Dog ordinance viol ations ----------------28 Co:::p lain" (citizen, sales ta x, bldg.)--___ 6 TOTALS 2,363 Cour t (5) (1) (4) 1 ,Qn2.50 ~. 'J{lr..OO 7 ,llofi .OO 1.~70 .00 235 .00 25.00 :"i''1.00 190.00 -0- 1_,062 .so !5 .2·i9.00 392 128 79 49 137 ( 11) 28 (3) 23 0 2 109 (B ) G 0 75 7 17 46 695 263 868 20 26 _ _Q I ,1 77 cc: ,Jud ?c lou is Parki nson l'•,nor,!Jln r~ayo r Euqe ne L. Oti s and 'embers of City Counci l f.ndy f~Ct:O\·m , Ci ty t~anager Gern~rd Ce rard i ni, City Attorney Roh •rt "olme s , Chi ef of Police 'J rt lli•,l,~r:o. IJ irf'ctor of rinancc r •. ~r·r,f;t 11'l l!or·l LrJt:r , Court 1\rJmi ni :t ratot• SI\N[ IOJAI ~ L•hl HM I • - - .JAN 1b 1'it.O UNAUDITED Ul(fS b[N[HAL P~OPfkTY TAX~S SPECIFIC C~Nt~S~l~ TAXFS G~Nf~Al SALES ~ USE TAX SFL~CTIVF SALES ~ USE TA~ OCCU~ATlO~Al/f~A~C~lS~ TAX OTI'iFF< TAAF S 5Uii TOTAL • • • UEP-~T~~~T Of fiNANCE HEALlLATION OF dUDbllEO WFVENUE~ GENE~AL FU,..O THHOUGH DEC Jl 197~ POHTION OF YEAR T~ OATF 1uu- 9UOGllEO REVF.IIIUtS CuHH MONTH YH-TO-OATE ~ UF LAST YEAH LAST REVENUES NEVF.NUE~ BUOG TO DATE Yk • 76C!t19fi C»!)t0UO 6•7~4•151 57t1•777 54U•043 0 lh6.,CS.170 &•65'1 4•0Cj3 ,.b•334 44•!:»03 10oUUO 42b bl4•015 7&3o4'1o 100 73t306 113 ~ .. 742.665 100 5c?4o066 91 45So!)22 o'l4 3o'>ltH 0 e.5&3.o..s& 91:1 871,883 101 84,278 176 Ei , ne . ee-2 ..22r ~ ;!~. 3?9 //0 I 541,693 ~ ..S .::1 ~ {,q_3 //I LICENSF~• ~ERMJT5 ' OCCUPATIO~AL fEt~ ~UlLUING LlCF~S~~. Pf~MITS ~ FEfS ~USI~£5~ Ll~fh~FS ~ OCCuPATlUNAL FEE~ 1c•OOU Hl~t40U Uhb30 11.476 8,207,856 108 • SUfi TOT~oL INTFfi-bii\IO::RN"'FNTAL O<f.V~I"Uf FF.f•E~AL i>J.IIoi'IITS STATE GIIA,_,T~ STATF S~lo~~O ~FV~~uF OT~fk bOVFk~~F~T•L U~ITS Road & Bridge Silk TliTI:l C~A~GF~ FO~ Sf~VlCfS GFNfRAL bOVfkN~f~T PUI;ll C SAf F TY HIGHwAY ~ ST~fET ANI .. AL S"'FL Tf_H SAI'HTATIOIII LI~f.IJRY SCHOOL OIST~ILT PAWTICIPATION OUTUOO~ S~IMMINu POOL IN!JOOH S~>II-MINb I"OIIL • • 174•400 b4•307 40•000 Juc,.oou a 43.h307 3Jth 755 en SOO ~0•236 ~"'•300 0 4Jt000 llhOOO 13•985 &'«»•201) 3t1•306 l•16'i 2!:tc 3·8~1 2•133 lfi4 0 0 0 094 ~s.s2c, 123 7'1.6S3 7~ l68o1t12 9b 142 u 0 0 31t4ob~tl lU l7ob45 0 d t?<J, /J'C) l!ill oJIUI 47 7.20b 111 41,421 lOti 25.744 81:1 l•'il:tfi 0 32.~1:17 77 Io.ooo 100 11.161 80 24.347 ~j 94,169 122 82,233 122 176,402 122 110.954 39 338,927 122 68,561 85 518,442 97 272,024 71 7,840 126 39,900 104 24,624 81 45,841 121 10,000 100 12,556 81 25,168 96 • - • • • .JAto 1~ l~f-0 Ut~A~TMFNT OF t1NANCE PAbl: 2 kfiiLILATION OF SUDbtTED kF.WENUE~ Gf"'F.RAL fUNu UNAUDITED Tr1k0UbH DEC .H 1'17~ ~ut<TION OF YEAN Tu OATf 1110 .. liUDGEH.D CUHH MONTt1 YR-TO-DATE • of· LA~T YFAH LA~T REV~ hUES ~EWENUES R~YENUES BUDG TO DIITE Yk '6 SPORT<; f. GI~FS Jh225 1, u 3'1 2flo6b1 92 36,265 99 OUTUOOR ~FCktATION 0 JJc 9o079 0 CULTUNAL •tTIVITIFS c7o600 2o00'1 37o200 13S 40,291 76 SFNJOP. CITilEh~ 'lt162 111 7e572 H3 PLAY(·HOUMtS h•SJ 1'3-2o:,15 17J 1,911 127 SOF Ti•All 17ob00 0 c0o501 llb 17.201 70 . 10(! CtbOO u colt2.j 10~ 3,265 126 OLO Tl"'ft<~ Ut90U 0 9o5lb 1$0 15,599 85 Debris Removal 1,180 '.;IIH TOTAL 6117t516 1lt60'1 431.,02 71 553,665 77 FI"'FS ~ FI.I~FE ITliWFS COU~T 14h000 hull• l67,9•S 11'1 151,671 155 liM~A~Y lUtOOO 6<,1~ llt!191 llt» 10,619 119 ~Url TOUL 1'3le00u 1bt'l1'1 179,~d9 ll'# 162,290 152 1'4lS(FLLIINf.UUS INTF~FST Ft~~INb~ :»OtOOO 0 lt>9ol32 J39 82,703 177 • RFIIofl.l I• .. C0"'f 0 0 32~ 0 CO~•TRIHUTH•II.!:o. " T~AIIJSFfw~ 0 lolcL:: l3o310 " !o!JS CflLIIN~IIIJ~ 7~o000 2o10~ 4olob:,s 56 73,811 235 5U"t TOTAL 1c~e000 lo227 224obl2 ltiO 156 ,514 161 • TOTAL I<~II£'1UfS 10•1~"'·39J 711·~•o 9o92Ch36b 97 9,775,169 107 • • - UNAUDiTED LEGI~L~TIO~ ~ COU NCIL: CITY COUIIICIL ~OAWO UF AO~U~T~~NT ~ AP~~ALS BOA~O OF llkEf~ ~E~VICF CO~~lSSIONE~S PL~N~l~G l ZONINb CO~~ISSIU~ LII"Io:A~Y ,.QAWI,; CITY ATT OI'NfY Slh'l TOTAL PU~LIC lliii~II.S: PuBLIC 4(1t<K~-All"' I"' I STI<A T H•N SF:NIO~ SlJFf<EY FNbiNFfki~G Sf~VICES ST~FFTS ~ ~~~~~-uE TPA~FIC fhGl~FE~ING GFN~~AL O~Ft<ATlONS ~ ~Al~TF N ANCf FJ .. ..- Flotf Flwf FI~F FIRF. su~ T<'TilL FI~J:: -P F~ Vf:" T I u :~ IIF':>ClJf' ~F"~<VICF SlJPf'WfS51U!\I ~ 4l1""1Nl!>T~ATIOIIJ VOLll"'T f Et.l TQAiflrllllu SUf:< TGlAL "'Ol.ICF= COMMU•HCJ TIUNS POLltF. P~OTHTJO•~ ANifiiAL S.,FL H:w • • • • I•~ ~-'AtHI4ffiiT OF .. ! NAIIICF fA~tNUITUPFS TO OU7q BUObET GF:NfR,R f UNO T~~OUbH OEC Jl 1~7~ ~U~TIUN OF YF.AR T~ OATF lUu• PAGE 3 A~Nt..aL BUOblT CU~k MONTH YR-TO-DATE • Of LA~T YfAH LAST EAPENOS EXPENDS BUUG TO OAT£ Y~ - • lcbo264 !:-.3417 ta079 hSOZ Co,.OS lb'fol9J ~1.1~1 ,.Cul73 20lo6b~ t'bco328 llllo7,.S 4'11:Sob4~ lo97c:o4611 l.jlo 8 91 174tlSS l•7lbt407 cJo230 .. h473 2ol.Ht 156 261.376 2t2tu?o018 1 U!ua'll :hOO!) 400 lt051 5J2 lcl lt>t37~ ... 123 J ..... " 15t37<J d'lo603 20t9ti7 46tlJ1 l&Uo26J lllt6b.J 'llt60.j !J:S' ti91 .JoJSl Ot4<il l9o42l 17~oiSSO 7•Htl ll2o9S~ 89 5t2~6 ~ts 4o4.jd 73 7o42J 99 t!t212 'U llthOl~ ijl Z10o339 d~ 57ol49 9~ 46oOJ., 9'i 111 .d~J 85 834o6~5 97 2fH'hU75 93 397od<,15 81 lo7'J5o702 'H ll6o37 .. l53o7l4 }of,22obo,l~ 5ob93 Mlo9H8 lo992ob74 ~J 24.,15l 91 2ol03t684 93 tt7.540 8J 2o4l'>o37b 92 98,745 98 2,894 82 4. 704 149 4,577 93 2,952 60 129,737 98 243,609 98 52,398 103 40,940 93 121,299 62 825,556 95 243,660 96 277,274 97 1 ,561,127 92 154,960 1, 572,025 30,672 96 98 74 1,757,657 97 412,789 108 1,949,001 99 83,114 91 2,444,904 100 • - • • - • JAfl: lt-l~t-11 uEPARTMF~T OF tlNA~CF .. AuE 4 fAPfhOITUQfS TO U07~ bUUGET ~UDITED C.ENEWAL f U~O TtiNOU&H DEC :u 1'179 ~O~TlON OF YEAR TO DATE 1VU'6 ANNUAL CUICte "ONTH Y~-TO-DATE ' OF LAST YfAN lAST BUObET EAPENUS EXP£11105 8UOu TO DATE YH ' CO"'"'l;I\IJ TY UE liELOP,.fl'lT: COO£ ENFO~Cf,.E~f 1t1CioS87 l4o387 1&9o409 94 155,337 93 ~OUSJNG a~u539 bt466 78o70-. 92 79,312 101 PLA .. II:IIIIG 1!»~o070 llo912 151o4S~ 100 138,714 95 SUoi TOTAL .,.,, • .,6 3io16~ 399o:»72 ~0 373.363 95 llt<WA~'( J!»7o46l JbJOc 347o0ttj 97 329,355 100 PA~~~ ~ kEC~~ATIO~: OUTilOO~ ~FCI<[A TI ON 0 606 20otH7 0 SFNION CITIZEN H[CNEATIO~ "'"'•227 tto 7fs~ 104ol17 10~ 98,617 109 ~ARKS 8b7o03J b7ot12., 774ol7tt 8'1 738,441 98 OUTOOON S•I!o4f'!lroG 1-'0UL 4!»o6l~ 6ob77 42ol55 9~ 46,966 117 INUOOR Sw I"'Hll•u POOl 7:h736 lo!:J08 43o849 59 69,642 95 SPOO.l!;. t.. «•Aio4f'!> "''#•409 5o511 11· 72'1 72 86,558 92 CllllU~Al ACT IVJfiF.:S 7.,,J.,ij Jo60l 68o796 87 62,544 85 PL• Y«•"ourms 4cott31 4:, 32o72tl 7b 29,964 73 SOFT~All c!)ol1S4 li::l-26o615 lOb 21,614 90 • zoo "'•1J5 " 8o079 tt8 8,566 98 RF(QFATIO~ hE~EkAL 01-'f.~A T J Oros 23~.6~7 l3o21S5 165o960 71 . 114,567 99 OLD TI"'P•S "'!~SF'<ALL .;o,o~u !:»63 23ol44 78 28,782 102 su~ TOTPL 1o604o27'11 lCUh2d7 lo382o6Z7 86 1,306,261 98 '4lJ"'ICl .. AL CUUfH l14o491 1Jo•lZ 163o8!;9 94 131,203 91 AD"' IIIII S TkA TION: CITY MA"fAC.Ff< lb6t44l 14o6l'l 16lo337 97 150,981 97 fMPLOYEF PFL•TI~hS 1!»flell0 10o056 135o7JO 90 132,945 101 TR~ASURY ~ kECORO 10Zo570 6t908 112e473 110 88,712 107 ACCOU~TI~h ~ AUOJTI~G 10Ch0l6 7ol65 94ol2~ 94 92,388 102 RFVfNll~ llt»o999 lOollZ ll5e58!; ~l 122,531 100 PU"C""A S I M> 2l~ ..... l0ol9l l07o91S~ IJtl 197,399 99 • • - • • - 0 ....... ·~ J<i .. (J ~t~AHT~FNT OF f1NA~CF PAGf: 5 EA~E~uiTuRF.S TO ~~7~ ~UUbtT G£111£RAL fi.IIIIO !,!!AUDI~!l_ THHOUGH OEC .:Sl 1~79 ~OkTION OF YfA~ T~ DATE lUU• ANNuAl Cl.lt<iol MONTh YR-TO-OATE S OF LAST YEAR LA~T SUObt;T EXPEr..Ds EXPENDS lluDG TO DATE YJ.I S OHA I"~OC"FSSIN:; ll'Jio245 llo264 ll8od0~ 100 97,186 81 SUH TOTAL loOllo OIH 7Uo816 956o2J7 95 882,142 97 TOTAL FAI";:~•JITtJr.-F S l0ot>~7o24~ IU2o1!i3 9.7 .. 3 ... b~ 92 9,029,621 97 • • • - - UNAUDITED SUk T(JTioL J!H~J--t>VV f ~'••t:~TAl RF.VfNUf. FFOF~AL f.l'611oT~ STIITf ;-;;RANT!) OT~F~ GOVFRh~F ~rAL UNITS Loan Units ~U R TOTAL 1'4JSCFLLA,..€UUS INTfNEST fAkNINbS CONTRIRUTIOhS ~ T~A~SFFRS "'ISCFLLAfiiFOU~ su~ T(lfllL Transfers • • • • U f.~AMT~Nf OF tlNA~C~ H[ALliATIUN OF BU~btlED ~EVE~UE~ ~~LJC IMPROVE~[NT FUNO T~OU~ OEC ~! 197~ ~OkTIUN OF YEAR To DATE lQU. 0 RU06£T[O REVENUES CUHH MONTH YM-TO-OATE • OF LA~T YEA~ LA~T REVENUES R£VFNU~S BUOG TO DATf Y~ • • SheOOO ~~.ooo S'll..,oOOO 67,oOOO u.~oo 7~t080 J~eOOO 6l0t000 0 6b~t000 3~o9i:J1 lo45l 37o43tJ 0 II 0 " u tiOoCIOO 94- 565oZ7'11 CIG ZZe994 9Z 699,822 104 0 0 70,581 94 770.403 7lolet5 223 630,000 100 427 0 7~o906 701,792 30 533 .760 101 22,229 88 555,989 101 655,000 10,226 43,875 709,101 74 74 42,572 279 19,752 38,415 39 100.739 80,000 1,445,329 31 77 • - ~AUDITED STOWM D~AINAb£ -G~Nf~AL • • • UE~AHTMENT OF f!NANCF PROJECT EXP[Nu!Tu~ES ~U~LIC I~PROVE"t~T FUND THHOUGH DEC 31 1979 ~UhTION OF YFAR T~ DATE lOU- CUMUL~liVE CUMM ~ONTH BUObET FA~ENUS 0 STOP~ ORAJ~AG~ -Hlb~ SCHOOL 8AS1~ STOk~ n~AINAGF -~O~T~ CE~TkAL Ill OA~TMOJT~ JM~kOVE~ENT~ CPAVIN~ OIST~iCT NO. ~31 STOP~ O~~~~~G~ -LITTL~ O~Y CWEF~ 377.877 47!:1.000 5bb•OOO Jt».775 l!:lt1•500 5,000 h225 ta 000 4•fH7- 0 0 0 STU~~ Uk~I~AGf -CFNTAAL ~A~IN . OARTiotOUTI-4 lr .. .-IWII£"1fNTS SIDF•ALK OISTklCT •7~ T~AffiC J•PkUVE~FNT~ -~WOAU•AY lU~JI ST~FFT OIIFF-'LA'f J.II.I(Jt:hA!-4 CJT'f SU,.VFY PAVING UlSlklLT •?S LFNO• AVF ~k!UGE CLAR~SUN STkFfT lM~WOVF~fNTS SIOFWALK ~FPAl~S PAkKS -qFLLFVlF• STO~~ Pf~AIH PAjj!<S -Ffo. Ft<~l~~~ MlLLf~ kltll· 1-tfi~·JIIATION "'AjjK§ -CFNT£~~1AL ~A~DICA~~FD ~LAY APPA~ATUS wJIIF .. ~fVFlV~~f~T Sir•CL~I!J '-~lh ··HJ •.JSF FIMF T~AlNINb FAllliTY Fl~l' STAT (lito~ • 3 ~FSCUf UNIT COUkT/COU~CIL E•~ANSION LA~O ACQUISITION LJH .. A~Y r•Pah~IO~ L&l\11} ACIIU1SITIU•• AT LITTLE D"Y CREEK • SAt.TA f-E LA~O ~URCH NEA~ ELOEHLY HOUSINb C~w CNTk ~AWKI~GI SflloiO~ CFt.:TF!i • }40,•851 su.ooo l41i•5cs0 illoOOO boOOO !:lbo7!:10 2C:!:Io000 4o500 11111•000 0 4(.1.000 '~'~>.ooo ~-·000 3olt40•lll 1Ji•cs55 3.h000 l!:lu.ooo ~s.ooo 1!:1~>•500 lUII•OOO 0 II uc:.soo 8bC:•528 8•0bb•796 • 5.0011 II th012 0 lu.591i lo200 0 ':>o -176 0 0 0 0 0 .,._ 0 II 4o7tsll II 0 0 l~•StUt C:.458 0 0 0 0 0 45•513 PRO.JfCT TO DATE 377o877 447,112 563t'#49 36.175 46,400 StOOII 0 lto012 120o07<ol 10o':>«,,U 136,783 II So6tfCS 5t4o500 b 0 70j ns- 37.~so hoJ7C: 0 3o815oi:HO 132ololoil u 22o006 12o':>88 155,450 0 95b- o 2lo509 8l6o010 6.866,518 BALANCE AVAILASLE 244 27.~tttl 2t051 0 112.100 II l•C:25 2o012- 29o77~ 39o4t10 3,797 zo.uoo 312 250 224t9"'1o 4t500 91.Jo297 735 i:'o050 79ofli:'e 2too001J 32o301 5~5- JJoOOII c27o99to 12o41C: 950- lOOoOOO 956 o- 98.<~91 26o51ti 1,200,278 • - • • - JAt, lf. l'i .. (J Ut: .. A~TMFNT OF .. !IIIA~CF t>AbE B ~f.ALltATIOfll OF ~UOblltU wf~ENUE~ •ATfk FUI4U UNAUDITED ThWOUGH OEC :Sl l9N .-oJiTIOII! OF YEAR TU OAT£ lUO• 8UOG£TlO CURie MONTh YR-TO-DATE ~ OF LA!.T YEAH LAST WEVEIIIUES 'IE VENUES WEVF.:NUF::S BUO(; TO DATE Yw ~ loiATI'i' SALFS 2o'i1Ht76~ ~bth37b ?.o232o83~ 8'1 2,337,187 103 OTHFP: IIIUflo! CONNfCTlO .. CHA~GES 0 144 75obb5 0 83,564 167 IIAirl "'ATF:._ SALF"S 0 0 24lo2d0 u 258,759 129 lilA S T~'" "liAH._ b~tOOO 4th860 lt!hoao 1'3 INTFkF~T FAk ~~~~~ 4~11t000 (I 42;.~ •• .. '!) 436,382 95 Rf:"IIIT/.L I •IICCJ~f .h500 68 3ol07 ~.-. 3 ,401 40 GUlli ( Ot<' Uo!>!>) Ulll 3ALf.'" OF AS!.J:TS () (j lt.O 0 "'ISC~'"LLAII:f'(li.J ~ .. u.ooo ~·J48 lOloO'IO c?5J 9,991 74 su~ TC•TAL 4'».h500 5o4l6 '5c?'lotl9tl 107 792,097 110 TOTAL HE IIF.WJES 3o0bUt265 J22o796 3o12do5Jtl 102 3,129 ,284 105 • • • - - ~UDITED SOUf<'C~ OF SU~PLY POW~R f. Pu ... .-JNb PUtHFICATJI)N T~-~S~ISSJON ~ UISTRI~UTION AO~I N IST~~TiO~ ~ &f ~~~Al TUT~l FA~E~~ITU~f~ • • • • • uE~~~T~E~T OF tl~ANCF €A~f~UITURf~ TO uu7~ BUOuET 111-T~R Fl!llotJ TnkOUGH OF.C ~! lY/9 ~ONTIO~ OF YF.AR 1~ OAT[ 1UU6 AN .. uAL CUICH MONTt'l BUD&~T E.IU'ENOS 3Hto5.,1 3o5~~ ZJlo652 Z•oJJ8 3olb3o920· ~6ol7!- 3o47~o!:J80 bt!o779 2olU•o464 bo24l 9o2._4to207 l6o1l2 • YM-TO-OATE ' Uf LAST YEAR LAST EXPF .. US 8UOG TO OATf Yw v. l60o'il96 51 497,821 77 402otS•l lH 202,&76 116' 5o20lo•77 16• 503.722 44 3o4l 1h-.J05 9H 411,541 30 8tH•b•• 4.:' 1,173,479 68 lOo072oiSb4 lOo 2,789,439 52 - UNAUDITED INTFH-60VEw~MfNTAL ~EIIFMJE £11~XX~ E.P.A. ~ City of SUti Tl1T Al •ATI'"t-1 OI~POSAL ~Ft.vlCF OTHrt-: COM~FCTII •!'. CHAHufS -IIIISFJF CITY COhl\lfCTION CHAWC:,fS -OUTSIDF CITY JfiiS"'fCTIOI\I Ct<A~ur::s -COIIoSTWUCTIOt-4 wASTF "'-'TF~ ~A .. r>LIIIIC:. t. ANALYSIS INTE~fST fA~"'l~G~ RFIIITt.L llloCO,.·t- I'IISC E LlllNI::"()IJ~ SU A T O T~<L TO TilL t<fll fN UF::t • • • • UE~AWT~FNT OF tlH•Ntf ~EAL1LATIO~ nF ~UObllEO HfVE~UE~ SF•f~ FlJhlJ Th~UU&M OEC J1 1~79 ~OHTIO~ OF YfAR T~ OATf 1UU• 1-'AuF. 10 RUDGt:Tlu REVENuES ClJHH ~ONTH Y~-TO-DATE ~ UF LAST Yf-R LA~T REVENUES ~EV~NUES dUO& TO OATf YR ~ l'-b•45'i 0 Littleton ~4.558 0 2.::1.017 0 II 4 h8bb•660 J'i.tsb1 0 SCI 0 1.~hl79 0 &13 0 53 .,u.ooo 0 0 4511 b:,. 3~9 0 1:,~.36~ 1 ... ~ .. 5 2•2b::.•046 , ... 410 u 0 0 .. 76bo3~~ 63.172 lo279ob0~ 8o924 2o502 l63o827 5o100 1 lo523ol31 2o?89o4'10 0 0 0 0 41 0 0 0 0 182 u 0 91t0 101 230,556 48,531 279,087 830,611 69,957 910,121 10,585 111,047 4,050 5,609 1,111,369 - UNAUDITED TP.ELTI'If tH SANITA((y ~y~Tfi"' AO,..lt.:IST~toTI(.;N t.. Gfi'II~H•l TOT~l F~Pf~O ITU~FS • • • • • UF~AkTMF~T OF f1NANCF [A.-E_~l1 TURfS TO IIU7'# d lJDGET SfiiiF~ FlJIIIO TH~OUGW DF.C ~£ 1979 PlJkTIUN OF YF.A~ TO OATF lijU• ANNIJ .. l CUteN MO'-Th 8UDbt:T EAPENOS 2•3UII•000 4 bl•t>tsJ 4•390 Zol3b•874 11.741 4•4'~~b•!lo57 1b•1l5 PAGE 11 tt<-TO-OATE '6 UF lAST YEAH lAST EXPENDS 8UOG TO DATE Yk .. 78.435 J 1,148,564 98.ts9l 1bU 52,065 74 1,9 73,9(;6 s~ 607,437 55 2,ls.2.~33 48 1,808,066 49 - • • • • • C 0 U N C I l C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT February 14, 19 0 {IJ /1 Election Commisssion Minutes INITIATED BY _____ E_l_e_c_t_i_o_n __ c_omm ___ i_s_s_io_n __________________________________ _ ACTION PROPOSED Approval of Resolution #l of the Election Commission • INTRODUCTION The Election Commission met on January 28, 1980 to evaluate the Election held on November 6, 1979. BACKGROUND A great deal of concern has been expressed by individuals and groups in the community about the conduct of the last election and the handling of events leading up to the election. The Election Commission feels that a citizens committee should be appointed by the City Council to evaluate the City's election procedu.res. The Commission passed a Resolution making this recommendation to Council. RECOMMENDATION Act on the Election Commission Resolution #1, Series of 1980. I • • • • • I . SUGGESTED ACTIOt4: .MOVED BY·---------- ~, :::._ 0 N_D=====N-O=======AB--SE_N_T====------------- • - • • • Members Present : Members Absent: Also Present : • • .. • MIN UTES ELECT I ON COMMISSION Jan uary 28 , 1980 Barbara Burget A. A. Hall Gary R. Higbee, ex officio City Clerk None. Eric Johannisson Janice Watkins Mr. Higbee called the meeting to order at 3 :30p.m •• Mrs. Burget reported that some of the candidates, namely Howard Morarie and Donald Smith, from the last general municipal election had not completed their financial reporting with Arapahoe County. Mrs. Burget questioned whether or not the filing should be done with the City Clerk instead of the County Clerk. Eric Johannisson stated according to the Campaign Reform Act, the financial reporting was to be done with the County Clerk. Mr. Johannisson stated he understood that the County was going to send a registered letter to Mr. Morarie and Mr. Smith notifying them that they must complete the financial filing to avoid paying a fine for violation thereof. Mrs. Burget requested that the poll watchers be invited to the election instruction given for the election judges for the purpose of keeping informed on election procedures. Mr. Higbee stated at the next election, a letter would be sent to each candidate informing them of the instruction session and inviting whomever they have as poll watchers. The Commission discussed reviewing the City's election pro- cedures and recall process. COMMISSION MEMBER BURGET MOVED TO SEND A RESOLUTION TO THE CITY COUNCIL WHEREIN THE ELECTION COMMISSION WOULD RECOMMEND THAT THE CITY COUNCIL ESTABLISH A CITIZENS COMMITTEE TO TAKE A LOOK AT THE ELECTION PROCEDURE AS OUTLINED IN THE CHARTER AND PROCEDURES MANDATED BY THE ELECTION CODE FOR THE RUNNING THE CITY ELECTION AND MADE RECOMMENDATIONS FOR ANY CHANGES; AND THAT THE COMMITTEE SHOULD BE ONE MEMBER OF TH.E COMMISSION, ONE COUNCIL MEMBER AND ONE CITIZEN AT LARGE. Commission Mem- ber Hall seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Burget, Hall, Higbee. I • - • • • ELECTION COMMISSION January 28 , 1980 Page 2 Nays : None. • • - Commission Member Higbee declared the motion carried. Mrs. Burget stated in addition to her investigation of Messrs. Morarie and Smith, she was unable to locat e the financial re- port of Mr. Donald Weber, a candidate in the 1977 general municipal election. COMMISSION MEMBER HIGBEE MOVED TO SEND A LETTER TO MESSRS. SMITH, HORARIE, AND WEBER NOTIFYING THEM TO FILE THE PRO- PER PAPERS WITH THE COUNTY CLERK. Commission Member Burget seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes : Burget, Hall, Higbee. Nays: None. Commission Member Higbee declared the motion carried. The Commission discussed arrangements for the upcoming Career Service Board election. COMMISSION MEMBER BURGET MOVED TO ACCEPT THE SCHEDULE FOR OFFICE OF CAREER SERVICE BOARD AND THAT THE ELECTION BE HELD ON MARCH 11, 1980, AND TO ACCEPT THE LETTER NOTIFYING THE EMPLOYEES OF THE ELECTION AND TO ACCEPT THE NOMINATION PETI- TION FORMAT. Commission Member Higbee seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Burget, Hall , Higbee Nays: None. Commission Member Higbee declared the motion carried • Mrs. Burget noted her term on the Election CotTillission e.xpired February 1, 1980 ; and stated her appreciation for serving on the CotTillission. There was no further business to be discussed. The meeting adjourned at 4 :20 p.m. -y_)fld.-c~L etary • I • - - • RESOLUTION NO. 1 SERIES OF 1980 • • • A RESOLUTION '1'0 RECOI'MEND '1'0 THE CITY OOUNCIL OF THE CITY OF ENGLEWOOD , OOLORADO, TilE ESTABLISHMENT OF A CITIZEN COIMITTEE '1'0 REVIEW THE ELECTION AND RECALL PROCESS OF TilE CITY OF ENCLEWOD, OOLORADO. WHEREAS, the Election Commission deems it neces- sary to review the election and recall process for the City of Englewood, Colorado; NOW BE IT RESOLVED that the City of Englewood Election Commission recommends to the Englewood City Coun- cil that a Citizens' Committee be appointed to: l. Review election procedures of the City as mandated by the City Charter. 2. Review election procedures establis~ed by the Election Commission. 3. Recommend to City Council any changes to the City Charter and procedures established by the Election Commission for the conduct of City Elections. Adopted and Approved this 28th day o~ January, 1980. ELECTION C:OtMISSION City of Englewood, Colorado~ // ../":' I / , v~ ;/. /-:' -?ftA-Y H~;s~o~~~e~.~efii~~a7l:~~~~n ~--------- • I . - • c • • • • 7 A BY AUTHORITY ORDINANCE NO. 3 SERIES OF 1980 COUNCIL BILL NO. 4 INTRODUCED BY 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. 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 wi~ the Board of County Commissioners of Arapahoe County whereby County shall transfer to the City of Englewood real property the expansion of Centennial Park, said Agreement consisting 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 f eet; thence S 19°30'15" E 356.97 feet; thence N 89°51'20" W 53.09 feet; thence N 19°30' 1 5" 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 • - • • c • • • • 2. The County is owner and in possession of the following parcel of real property on which it shall be allowed to excavate sand and gravel until depleted: Beginning at the NW corner of the S Is 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 89°51'20" 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 ,1\." 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 • • - - • c • • • • • • 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 6th day of February, 1980. Read by title and passed on final reading on the 19th day of February, 1980. Published by title as Ordinance No. __ 3 ___ , Series of 1980, on the 20th day of February, 1980. Attest: Mayor ex offic1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate, and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. __ J ___ , Series of 1980 • I • - • • • • • • AND cm;VEYANCE OF REAL PROPERTY THIS AGRE.EMDlT, elated this of , 197 9, by and becween the CITi' OF ENGLEWOOD, COl.OBAOO, a Municipal Corporation {herein&£ter sometiJ:Ies called "City") and tho BOARD OF COUNTY CC:·t!USSIOm:ns OF ARAPAHOE COUNTY, COLORADO (hereinaf•~r so:aetiaes called "County "): WITNESS "'''l' h'l:IE.REAS , County is t he ovner and in possession of the following described property (hereinafter sometimes called "Subject Premi ses•) lying, situate &n4 beiD9 in the County of Arapahoe and State of Colorado, to--wit: Beginning at the nort.hwest corner of the south 1/2 of the northeas t 1/4, Section 8, Township 5 south, Range 68 vest of the 6th P .11., Arapahoe CoWl ty, Colorado: thence aouth 89 degrees 58' 30" east 1.380.16 feet; thence south 0 degrees 23 '45"' west 275.00 feet; thence south 71 degrees 30' 12"' ea.st 631.22 !eet.r thence south 0 degrees 23' 45" we:s:t 180.78 feet to the t r-.:e pol.nt of beginning: thence continuing o n sAid line ~OS. 0 fee:. to & point 160 feet north of the southeut corner of the soutllwut l/4 of the southeast 1/4 of the nort.heut 1 /4 of sai d S ectJ.On 8; thence north 89 degr ees 51' 20" vest 968.78 feet; thence north 19 cSe;-rees 30 ' 15" west 356.97' thence north 81 cSegrees 11' 38" east 1104.,5 feet to the true point of beginning. Said parcel contains 10.10 acres !. . lmEREAS, City desires and anticipates the construction of & municipal park vith attendant facilities and iq)rovementa upon and in connection vith the Sl.!bject Premises, and in that re-gard d esires to acquire title to thP. S'Jbjcct Premises upon and in aceomanco with the terms and c::mO.itlons hereinafter set forth; and, W!!EREAS , Count;y believes t.he co!l.Struct i on and installation of • cunicipal park upo!'l. t h e Stb:Ject Prc::u.ses, and the u se of the Subject Pre::tis~s for park p':lrposes will be benefici al to the resider.ts end inhabi- tants of Ar~ahoe County, and vill be in the CoWlty's best i:1te~es:.s; and , WHEREAS, County l.S presently usint; the Subject Premises for sand and gravel excavation, and desires t.o cont t .:tUe sBid use of the premises until the sand and gravel resources t.~ereon are aepleted, which depletion County antici pates will o ccur 0:1 or !:lefor·e ten years fro:a the date h ereof ; an.d . WHEREAS, County desires to convey ti Ue to the Subject Premises to City and desires t.hat Cl.ty use portion .. of the Subject Premises for park purposes, pending co:npletion of sand aJ d qravel excavation3 by County, upon and in accordance with the tems . .nd c onditions hereinafter set forth , tiCJIIf, 1'HERE.FOBE, in consideration of t.l>te premises, t.he mutual covenants herein contained, and other qood and valuable CO!'l.Sideration, it is agreed betwee-n the parties hereto a.s fo l lows: 1. From the C. ate hereof, Ci t:y sh.J 11 have tile right hereunder to employ and use t.!lat parcel o f land desl.gn a t.ed on the plat attached here -:.o as Parcel •A• for municipal park and r ecreatl.On pu_...-poses. inc ludi ng f i shi ng and ice- skating. City s h all appr opr i at.ely nark and otherwise del i neate the bound&n.c s of sal.d P arcel .. A. t o t h e end that the publ1.c use of sa.1.d area for park and recre at i onal pu rposes wi ll not .l.nt ... r!ere v.1.th the operation of County i n excavat 1.ng s and and g ravel f r om the Subject Pre m.1..ses anc! Cl.tY s hall undertake all r e ason able means t o o bvi ·t e any such l.nterference . 2 . It ia conte mplated by the p&rtl.e.S hereto that aa portions of areas of the Subject Premises are depleted of their sand and gravel resources through County' a excavation, such areas JUY be utl.lized by City for park antl recreational p u rposes. In this re';'&rd, it is the intention of County to first excavate alo ng the westerly b _,urKia.ry of the Subject Premises. and proceed in exc avat i on i n an easterly d : cection to the end that City wi l l • I • - • • • • • be able to utilize the westerly portiona of the Subject Premises for park vw! recreation purposes at an early date. Accordingly, it is agreed that City and County shall fro:n time to timl:1 and as such add.itional areas are depleted of sand and qravel resources. -.et through their respective officials and confer on such areas to be developed for park. and recreational purposes hereunder, and azty such additicmal development by City will be in accordance with the following conditiona: a. Any such areas shall be co developed as not to permit &ny use thereof which will interfere with t .ne County • a excavation for sand ADd gravel on the re:uining portions 02: the Subject Premises; b. City sball appropriately mark and designate the boundaries of such area.a to the e..~ that any potential interference with County's ope:rati.ona on the remaining portions of the Subject Premises will be obviated. c . City shall advise County of t.be type and method of improve- ment conte:~plated on such additional u ·uu, within a reasonable time prior to actual improvement of such areas, to the end that any potential inter- ference with County sand and gravel excavations will be obviated. d. Such areas shall be appropriately designated upon the plat attached hereto and initialed by the respectiv. partiea through their appropriate officials as additional arc:u for use by City for parlt and recreational purpoaes hereunder. 3. County shall make all reasonable effort• to avoid interference with the City•a use of Parcel "A• and additional designated areu of the Subject Premiaea for recreational and rart. purposes; in the event it 8':'1&11 beeome necessary for County to use any portion of BUch parcel and desi;natec! areu, County shall first notify City c•! ita intentions in this regard to the end that City may take reasonable -.surea to protect its propertiea, facil.ities, and landscaping from injury or dulage. 4. All property, materials, plants, trees, sod and other imp~nta placed upon the SUbject Pre::U.sea by City ah~ll at all times remain the property of City, and if, for any reasC•:l, City shall cease usinq the Subject Precisea, City shall be entitled to resu .•ve all such improvements therefrom. 5. City agrees to save. hold humless an4 i.ndemnify the County of and from any and all loss which County miqht sustain arising out of the negliqence of City in using and occupyinq Parcel "A" and any ad4itional c1eSiCJR&ted areas of the Subject PremisEs, and ·COunty agrees to uve, hold h armless and indemni fy the City of and from any and all l011a City might sustain by reason of the negligence of .::ounty in using and occupying the remaining portion• of the Subject Premise•. ., 6. It ia underseood and aqreed between the parti .. that when and: u developed for park and recreational purpose• by City, the Subject Premise•, shall be available !o r use for such put.?QSes by all reaidents and inhabit&nt.ll o! Arapahoe COWlty, Colorado. 7. County agree• that it ahall uncSert.alte all reasonable efforts to avoid euttinq, rupturing or breaking the dike existing on the Subject Premises, to the end that as devel.oped for park and recreational ~ea, -:he Subj ect Premis e s w1-l l contai n a pord or lake •·hich can be utilized for such purpos e s ; Co unty tur ther agrees tl' 1t if at any 'tilDe (except in the event of emerge ncy) it shall appear tln 1: sai d dike 1UIY or miqht be ruptured, broken or c:ut, or mu.st o f necessity be so broken or cut, County s h all firat notify City to the end that through cooperation and assistance reasonable measures can be taken to p r eserve the premise• in such manner as will provide for a pond or lake on the premises as u ltiJMtely developed by City . 8. Ten years from the date hereof . or upon completion by County of sand and gravel excavations u pon the S\ h ject Premises , whichever shall sooner occur, County shall , by Quit Claim Deed, convey all its right, t itle and interest in and to t.he Subj ect Premises to Ci ty ; sai d deed shall contain a clause providing that i f Ci ty s h a l l at any ti.IDe thereafter cease using the Subject Premises for park and recr·eat1.onal purposes, then, and in that event, • i ' i l I l f. J J ' ~ I I I • - - ., (( • • • • • • U tle to the Subject Preais•• &ball ,.,..rt to COimty. It 1a Wlderotood And ~reed between the p&rtieo thAt ill the .,.....t COunty shall not hove cc.pleted i t.a sand &Dd gravel excav&ticm8 on the SUbject Praaiaes at ~ of deUvuy of the deed, as &foresU.d, tben, aDd in that event, thi.8 ~t ADd tbe rights ....S 4ut..iea of !the part.i.u bereuDder ahal.l survive delivery of ll&i4 deed to C>.ty, llball not be -to han .-rged therein, And CQmty llball thereafter be puait...S to -te the ....U.illg sand ADd --1.., the Subject--. until the._ bu-cleple...S. Upon CCIIIII'letion of a.M aDd c;ravel excaYatioAa by County, or delivery of -to City, whichever llball occur !.&ter, thi.a ~t oh.oll bea-a DUll, void aDd of no •f.fect, and both P,iortiu bereto raleaaed frc. all cbli~ beraw:lder .... U.S ezcept such abligat..iona arisincJ out of or in ~ with tbe P"""iaiOIIII of pang....,... 5 ADd 6 -f which oh.oll be -to .....,i,. deU...ry of the -ADd taminaUon of &and ADd gr-1 -u... -·Uooa. IJI III'DIESS WIIEIIEOF, the parti.ea bireto ...... Mt their banda ADd Mala the .s.y ADd year firat abcwe writlteD. Director of ru.a.-.. officio City Cledt ~·-·-----~~~r~----~--- I · I I I I I j• I • I • - • • ( • PARCEL-A " -. g .. ,.;N .. 0 "'o .... CITY OF ENGLEWOOD AREA=t 1!1.66 Ac. • • • ARAPAHOE COl/NTY AREA •! IO.IOAc . •ee.Te' 53.09' set•at'2o"'w Parcel "A" .. • .. "' 0 0 ·g ~ / .. 0 "' Bel)inning olt a point on t he N line of the S A, ~f the t$ \ o f Saction 8, 'l' 5 s. P. 6:1 \·' of the 6th P.M. , Arap<~.hoe County. Colorado 988. 77 ft E of the NW eornt!r o f said s 'u t."1ence S 09 cle greea 58' 301' E 391.39 ft; thence S 0 de9reea 2 3 ' 45" W 275.00 ft; thence S 71 degreea Jo\ 12" E 631.22 ft; thence S 0 dcgroe!t 2l'' 45• w 100.78 ft; thence S 81 degrees 11' 38"' 'W 1104.45 ft; t hence s 19 d.C!CJreea 30' 15" I: 356.97 ft; t hence N S9 dcgreea Sl' 20" w 53.09 ft; thence N 19 degrees 30' 1s• w 832.53 ft; thenc e N 4 0 degrees 01' 15"' E 492.09 ft t o the point o f begin- ning. SAid parcel contains 15.66 acres ± • Arapaho<! COWlty Beginning at the tt.'W corner of the S ,, o .l the NE 'a , Section 8, T 5 S, R 68 \i o( the 6th P.M., Arapahoe CoWlty, COloracSoJ thence S 89 degree& !iS ' 30" t: 13&0.16 feeL; thc.:'l.ce S 0 det)rees 23 ' 45" W 275 .00 ft; t hence S 71 dcgrncs 30' 12,. E 631.22 ft; thence s 0 deg-r ees 23' 45 "' w lOO. 78 ft to the t rue po1.nt of be9innin9; thence con-:.1.nuing on Nl.d l1.ne soe. 0 f t. to a point 160 ft north of the SI! c orner of t he sw Ia of t.he SE \ of the NE 'l of said so .:tion 8; thence n 8? dcqrccs 51' 2o•• west 963 .78 ft; thence U 19 deq rees 30' 15"' .1 356.97 ," thence H' 81 deg r ees 11' 3R'' E llOJS .45 ft to the true point of beginning. Said parcol contains 1 0.10 acres !. UIGINEEAirJG DEPAt1Tr.~!NT CITY C•F ENGLEWOOD, COLORADO . CENTENNIAL SCALE: ~:oo' DATE : Oct 1979 DRA\'IN BY : .Jo! P CHECKED BY:___&: __ APP. CITY ENGR . SHEET __ OF • ! t l l I • - • • • • • MEMORANDUM 7 A, TO: AndyMcCown, City Manager FROM: Ernest P. Romans Director, Parks & Recreation DATE: February 12, 1980 SUBJECT: Agreeme£Jt between Arapahoe County and City of Englewood concerning transfer of property for Centennial Park The following is a little history to help clarify the request of the Parks and Recreation Department to approve the agreement between county and city to transfer to the city part of the county gravel pit for park purposes. ln 1967, the C tty of Englewood purchased 5. 724 acres of land from George B. Adams for Centennial Park that is just west of the county gravel pit for $47,500. ln the same year the city was able to add 7. 0694 acres to the park from Public Service Company for only $500. In order to add some water oriented features to the park, the city requested that the county transfer to the city a section of the gravel pit that was excavated at that time. (see attached map-parcel B of 2. 3 acres) The city also requested that the county transfer additional parcel of land as they were excavated to be developed for park.. The agreement with the count dated 1969 (see attached copy) did stipulate what the city requested and also called for the transfer of all county land to the city after ten years. 111e agreement further states that if excavation was not completed within the ten years that the county would have the right to continue excavating on city property until all gravel wa exhausted. The County Commissioners are now willing to transfer the excavated portion of land but wish to keep the portion not excavated under county ownership until the gravel is depleted. The agreement dated 1980 does transfer parcel A -15. 66 acres -to the city but the county retains parcel C -10. 10 acres -for excavation. The Parks & Recreation Department feels that the agreement should be approved for the following reasons: 1. lt is important that the city eventually obtain the county area so Centennial park will be enlarged from 12. 7 acres to 40. 47 acres featuring many water oriented facilities that are not available in other Englewood parks. The gravel pit which is about twenty to thirty feet deep has a variety of game fish including trout. Proper development of the area would turn a gravel pit into a beautiful park area. (see final development plan attached) Some forty acres of very valuable park land will be purchased for the small cost of $48, 000 - $14,000 coming from federal grant. County property is being acquired at no cost to the city • • I . - - • • • • • Memorandum re: Centennial Park ( February 12, 1980 Page -2- • 2. 1lte federal aid received in 1969 for Centennial Part stipulated that the city must obtain the county land after gravel is depleted. 3. The fact that the county will retain ownership of Tract "C' means that the county and not the city will have the liability of persons wandering in the gravel excavation area. 1be city will install a fence and appropriate signs at the end of the city property. 4. Further delays or the failure of the city to obtain Tract "A" will result in the loss of $94, 130 of federal funds now available for development of this area. Attachments • I . ,-' • " • ~ ~~ :I!! ~~ iU> I ' I • • ' I ~~~~~-$tiiji;I!:J$:iiiili:::,:{::::~ H •·-------- oJnr oNto>~ ""r . C~NTttJNI~l ,,. • • • u:cF.:-m e e e e County l.and ~~ Land trar.r:;f cr .. e d to C1 ty in 1"'~65. t.and to l>e transferred i n 1980. ~.'O:Q"O\{;~~ Land to be o "'~"'l·~7 •.o\ •Q··~u ·-transfcrrt!d !,.q•\) ~ .. ~.O.'r;~ when qravc l u dc!11etcd . I ., • • - r . ~ ( • • ( • • • • AGRE[~[U T FOR DEVELOPMENT, HAINTEUANCE AND COiiV£YA NCE OF REAL PIIOPERTY TillS AGHH t4EtiT. date d this ;?_ .. / day of 4 .?, , 1969, by and bet11een thl! CITY OF ENCL£H ()o·o~COLURAOO:~ 11 unlcip ol Corpora- tion (hereinafter sometimes called "City •) and tr.e BOARD OF COUiH Y COMMISSIOiiERS OF ARAPAHOE COUNTY, COLORADO (he~einafter som~tlmes called "County"): WITNESSET!i : HliEREAS, County Is the owner and In possession of the followln9 described property (hereinafter soto~~~tillles called "Su~ject Prcmi scs •) lying, situate and being in the County of Arapahoe and State of Colorado, to-wit: and, Beginning at a point on the Horth line of the South One-half of the Northeast Quarter of Section 8, Towns~ip 5 South, Range 68 West of the 6th Principal Horidian in Arapahoe County, Colorado , 988.77 feet East of the tlorthwest corner of said South One-half, thence$·8~0 58' 30' E 391.39 feet, thence s ooo 23' 45 " L1 275.00 feet, thence S 710 30' 12 " E 631.22 feet, thence S ooo 23' 4S " W 688.78 feet to a point 160 foot North of the SE corner of the SW 1/4 of the SE 1/4 of the HE 1/4 of satd Section 8, thence N 890 51' 20' W 1021.87 feet, thence H 19° 30' 15 ' tl 332.5 .1 feet, thence N 40° 01' 15' E 492.09 filet to the point of beginning. WIIEREAS, City desires and anticipates the construction of a municipal park >Jtth attendant flctllttes ud Improvements upon and In connection 11lth the Subject Preoilises, and In that regard desires to acquire title to the Su~ject Pre~~hes upon and in accordance 111th the terms and conditions hereinafter sot forth; ~nd, UHEREAS, County believes the construction and Installation of a munir.lpal park upon the Su~ject Preaolses, and the use of the Subject Pre 11tses for park purposes 01111 be beneflchl to the residents and 1nhabltants of Arapahoe County, and will be in the County's best Interests ; and, WIIERE\S, County is presently using the Subject Premises for sand and 9ravel excavation, and desires to continue said use of the preml ses until the sand and gravel resources thereon arc de- p leted, ~hlch depletion County anticipates wi ll occur on or before ten year s f ro m the date il eruof ; and, WHEREAS , County desires to convey t1tle to the Su~ject Pre- mise s to City and desires that City use portions of tne S"bject Premise~ for park purposes, pending completion of sand and g ravel t 2 Cavatlofis by Co unty , upon and 1n accordance wi t h the t e rms and conditions ne reinafter set forth, iiOW , THEREFO HE , In consideration of the prenols!!s. t he mutual covenants he r ein co ntai ned, and other good and valu a o l e con sidera- tion, it Is agre e d ~et w ecn the pa rtie ~ he reto as fol lo ws : 1. From the date hereof, City shall have the ri ght Kbreundcr to e .:;p loy and u~e t h at parcel of land desi gnated on .,he p lat • I j " •. ·~. . -: .. :.· • I • - r ( • • ( • • • ,. - attached hereto as Parcel "A" for 11untctpAl park and recreation purposes, including fishing and tee-skating. City shall appro- prhtely •ark and otherwise de11neate the boundaries of sa-id Parcel "A" to the end that the public use of said area for park and recreational purposes will not interfere with the operation of County in excavating sand and gravel from the Subject Premises and City shall undertake all reasonable ~eans to obviate any such 1 n te rfe ren ce. Z. It 1s contemplated by tile parties hereto that as portions or areas of the Subject Pren11ses arc depleted of their sand and gravel resources through County's excavation, such areas may be ut111ud by City for park and recreational purposes. In this regard, tt is the intention of County to first excavate along the westerly boundary of the Subject Premises, and proceed in excavation in an easterly direction to the end that City will be able to utilize the westerly portions of the Subject Premises for park and recreation purposes at an early date. Accordingly, it 1s agreed that City and County shall fro• time to ti~e and as such additional areas are depleted of sand and gravel resources, aeet through their respective officials and confer on such erus to be developed for park and recreational purposes hereunder, and any such additional develop•ent by City will be in accordance with the following conditions: a. Any such areas shall be so developed as not to per•tt a.lY use thereof which w111 interfere with the County's excavation for sand and gravel on the re•aining portions of the Subject Premises; b. City shall appropriately •ark and designate the boundaries of such areas to the end that any potential inter- ference w1th County's operations on the remaining portions of the Subject Pre•ises will be obviated. c. City shall advise County of the type and method of improve.ent conte•plated on such additional areas, within a reuonable ti11e prior to actual i11prove•ent of such areas, to tho end that any potential interference with County sand and gravel excavations 01ill be obv1 ate d. d. Such areas shall be appropriately designated upon the plat ~ttached hereto and initialed by the respective parties through their appropriate officials as additional areas for use by City for park and recreational purposes hereunder . 3. County shall make all reasonable efforts to avoid Inter- ference with the City's use of Parcel "A" and additional designated areas of the Subject Premises for recreational and park purposes ; in the event it shall become necessary for County to use any portion of such parcel and designated areas, County shall first notify City of its intentions in this regard to the end that City 11ay ta~e reasonable measures to protect tts properties, f acili- t i es, and lands~aping from injury or damage. 4 . All -property, a•aterhls, plants, tree s, sod and other i mprovements placed upon the Suoject Premises by City shall at all tirues re~ain the property of City , and if, for any r e a s on, City shall cease usinq the Subject Pren•tscs , City shall be entitled to remove all such improvements therefrom . 5. City agrees to save, hold harmless and tndemnl fy the County of and from any and all loss which County might sustain -z- • . • r, .. ,' • I • - r • • • • • • ArhtAg out of the negligence of Ctty In using And occup-ying PArcel "A" and any addltlon•l designated Areas of tho Subject Prealses, and County agrees to sawe, bold h1raless and Indemnify the City of And fro• 1ny 1nd 111 loss Ctty alght sust1ln by reason of the negligence of County In using and occupying the remaining portions of the Subject Prealses. 6. lt Is understood and Agreed between the parties that when and IS deweloped for park 1nd recre•tton1l purposes by City, the Subject Premises shall be IWIIlible for use for such purposes by all residents and Inhabitants of Arapahoe County, Color~do. 7. County agrees that It shall undert1ke all re1sonable efforts to Avoid cutting, rupturing or breaking the dike existing on the Subject Premises, to the end that IS developed for park and recre1tlonal purposes, the Subject Prealses will cont1in a pond or l1ke which can be utilized for such purposes; County further 19rees that If at any tlae (except In the event of e~~~ergency) It shall appear that uld dike aAy or alght be ruptured, broken or cut, or must of necessity be so broken or cut, County shall first notify City to the end that through cooper1tlon and asslst•nce reason•ble ee•sures can be taken to preserwe the premises In such manner as will provide for a pond or lake ou the premises as ultlaltely developed by C1ty. a. Ten ye1rs from the date hereof, or upon completion by County of sand and gravel excavations upon the Subject Prealsos, whlchewer shall sooner occur, County Shall, by Quit Claim Deed, conwey all Its right, title and Interest In and to the Subject Premises to City; said deed shell contain a clAuse providing that If City shall at any tfma thereafter cease using the Subject Preehes for park and recreational purposes, then, and In that ennt, title to the Subject Premises shall revert to County. It Is understood and agreed between the parties thet In the event County shall not have coapleted tt' sand and gravel excavations on the Subject Prealses at tlae of delivery of the deed, as lforesatd, then, and In that event, this Agree•ent and the rights end duties of the parties hereunder shall survive de- ltvery of seld deed to City, shall not be deeaed to have aerged theretn, and County shell thereafter be permitted to excavate the re .. lnlng sand and gravel on the Subject Prentses until the saae has been depleted. Upon coapletlon of send 1nd grawel eacavattons by County, or deltwery of deed to City, whichever shall occur hter, thh Agree- aent sh1ll beco .. null, void and of no effect, and both parties hereto released fro• all obligations hereunder save 1nd except such obligations arising out of or In connection with the pro- visions of paragraphs 5 and 6 hereof which shall be deemed to sunin delhery of the deed tnd termln1tton of und and grnel excavation operations. Hl WlTilESS WHEREOF, the parties hereto have set their hands and seals the d1y and year first above written. BOARD OF COUHTY COHMISSIO"ERS OF ARAPAHOE COU~TY, CGLORftOO -3- • '•. •.,· ... ' ,. I I • • lo ____ n • • • - ATTEST: -4- • • ' r ' r I ' . . ... ~ .... . • I - • • " .... . ) 0 "' w E ~ r u ~.I ON II'''"UE • • • C E r i TENNIAL • 0 PROPOSE 0 P "-~!c' PLAN foR -CENTENNJ".l PARK f LAKE ---------------~------------- .... ~ .... t ... , .... . - • • RESOLUTION NO. ~ SERIES OF 1980 • • • 7 8 . A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FEE SIMPLE INTEREST IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD, COLORADO, TO PROVIDE A RIGHT-OF-WAY FOR CHANNEL IMPROVEMENTS ON LITTLE DRY CREEK FROM SOUTH PLATTE RIVER DRIVE TO SANTA FE DRIVE\ ~D GREENBEb'Pr 9PBN&P.A~i: AH&::I PAIU4i P8M8BI'lS. WHEREAS, the City of Englewood desires to alleviate loss and damage from potential flooding of Little Dry Creek; and WHEREAS, the City of Englewood has entered into an agreement with the Urban Drainage and Flood Control District to prepare final design for a portion of Little Dry Creek that will assist in allevi- ating flooding; and WHEREAS, it is necessary for the City of Englewood to acquire certain right-of-way to construct the improvements to Little Dry Creek; and WHEREAS, property adjoining the right-of-way is necessary for greenbelt, openspace and park purposes; and ( WHEREAS, the acquisition of the right-of-way and construction ( • of improvements are necessary for the health, safety, comfort, con- venience and welfare of the residents of the City of Englewood. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Right-of-Way for Channel Improvements on Little Dry Creek. The City Manager, or his designee, is hereby authorized and directed to enter into negotiations in good faith with the owners of the following described parcels of property, and should said City Manager, or his designee, be unable to agree with the owners of the property hereinafter described as to the fair market value of the property, then the City Attorney is authorized to commence action in eminent domain to condemn the following parcels of real property as authorized by law: Parcel 054: A parcel lyl.nq'l.n th·e NE l/4 of the ·sE l/4 of Section 33, 'l'Ownship 4 South, RAnge 68 West of the 6th P.M. COunty of Ar.apahoe, State of COlorado, as recorded in Book 2845, page 602, more particularly described as follows: Beginninc. at the EAst Quarter corner of ui.d Section 33, N 8go59'58"W 983.44 fuet alon9 the EAst and West centerline of s.aid Section 33; thence s 0°00'02"W, 30 feet to the True Point of Beginning, thence 5 0000'02"W, 170.;) feet; thence 5 8go59'58"E, 100.0 feet1 thence N 0000'02"E, 170.3 feet; thence N 8go59'58"W, 100.0 feet to the True Point of 8eginnin9. The area of the described parcel contains 17030 ft.2 (0.3910 acres) . I • - ( { • ( • • • • Parcel 032: A parcel lying in the NE 1/4 of the SE 1/4 of Section 33, TOwnship 4 South, Range 68 West of the 6th P.M. County of Arapahoe, state of Colorado, more particularly described as follows: Beginning at the South Quarter corner of said Section 33, thence N agQ59'58"W, 1097.26 feet; thence S 0000'02"W, 140 feet to the True Point of Beginning; thence S 0000'02"W, 60.30 feet; thence S &gi)59'58"E, lOJ.37 feet; thence N oP00'02"E, 76.80 feet; thence S 8oP45'17"W, 102.70 feet to the True Point of Beginning. The above described parcel contains 6950 ft.2 (.16 acre) P.srcela 033 and 058 : A parcel lying in the NW 1/4 of the SE 1/4 of Section 33, TOwnship 4 South, Range 68 West of the 6th P.M., County of Arapahoe, State of Colorado, 1110re particularly described as follows: Beginning at the NE corner of the NW 1/4 of the SE 1/4 of said Section 33; thence S 0000'02" W, 277 feet to the True Point of Beginning; thence S 0000'02"W, 13.0C feet; thence S 67051'54"W, 63.69 feet; thence S 84o58'35"W, 91.22 feet1 thence along a curve to the left 47.74 feet; said curve to the left having a radius of 771.67 feet and a central angle of 3°32'42"1 thence S 89P59'58"E, 165.83 feet to the True Point of Beginning. The above described parcel contains 5548 ft.2 ( .127 acres) • Parcel 047: A parcel lying in the north 1/2 of the SE 1/4 of Section 33, Township 4 South, Range 68 West of the 6th P.M., County of Arapahoe, State of Colorado, ~re parricularly described as follows: Beginning at the NW corner of the NE 1/4 of the SE 1/4 of said Section 33, thence S oooo'02"W, 295.00 feet, thence S89°59'58"E, 20.00 feet along the northerly boundary of the parcel recorded in Book 1893 Page 484, thence N S7°40'E, 248.78 feet along said northerly boundary to the True Point of Beginning; thence S 1°57'02"W, 38.39 feet; thence N Qg059'58"W, 59.31 feet, to a point on said northerly boundary1 thence N 57°40'02"£, along said northerly boundary, 71.74 feet, to the True Point of Beginning. The above described parcel contains 1138 ft.2 (.026 acre). -2- • I . - • • ( • • • Parcel 055: A parcel lying in the NE 1/4 of the SE l/4 of Section 33, Township 4 South, Ra~ge 68 West of the 6th P.M., County of Arapahoe, State of Colorado, as recorded in Book 2880, page 493, more particularly described as follows: Beginning at the East Quarter corner of said Section 33, thence N 99059 '58"W 883.44 feet along the East and West centerline of said Section 33; thence S 0000'02"W, 30 feet to the True Point of Beginning; thence S oo00'02"W, 170.3 feet; thence S 8gQ59'58" E, 100.0 feet; thence N Q000'02"E, 170.3 feet; thence N 89059'58"W, 100.0 feet to the True Point of Beginning. The area of the described parcel contains 17030 ft2. (0.3910 acres). Parcels 035 and 057 -South: A parcel lying in the NW 1/4 of the SE 1/4 of Section 33, and a parcel lying in thENE l/4 of the SE 1/4 of said Section 33, TOwnship 4 South, Range 68 west of the 6th P.M., County of Arapahoe, State of Colorado, more particularly described as follows: { Beginning At the NE corner of the NW 1/4 of the SE 1/4 of said Section ( • 33; thence S 8go59'58"E, 20.00 feet: thence S o000'02-w, 110.00 feet, to the True Point of Beginning; thence S 0000'02"W, 167.00 feet; thence N 89059'58-w, 185.83 feet; thence along a curve to the left 65.16 feet; said curve having a radius of 771.67 feet and a central angle of 4"'50'17"; thence N 76000'00"E, 112.97 ~t. ; thence N 52000'00"E, 130 feet, to the True Point of Beginning. 'lhe above described parcels contain 20, 230 ft • 2 (.464 acres). Parcel 036: A parcel lying in the NE 1/4 of the SE 1/4 Section 33, TOwnship 4 South, Range 68 West of the 6th P.M., County of Arapahoe, State of Colorado, as recorded in Book 2040 page 79, more particularly described as follows: Beginning at the Northwest corner of NE l/4 of said SE 1/4 of said Section 33, thence S 0000'02"W, 30 feet, thence S 89059'58"E, 20 feet to the True Point of Beginning; thence ·s 0000'02"W, 265.0 feet; thence N 57040'E, 249.5 feet, thence N 0000'02"E, 24.0 feet; thence N 80052'E, 102.7 feet; thence N 0000'02"E, 93.5 feet; thence N &gQ59'58"W, 315.4 feet to the True Point of Beginning. The area of the above described parcel contains 52584 ft.2 (1.207 acres) -3- • I • • - r ( • • • • • Parcel 056: A parcel in the NE 1/4 of the SE 1/4 of Section 33, Township 4 South, Range 68 West of the 6th P.M., County of Arapahoe, State of Colorado, as recorded in Book 2915, page 491 and 492, more particularly described as follows: Beginning at the East Quarter corner of said Section 33, thence N89°59'58"W, 783.44 feet along the East and West centerline of said Section 33; thence S 0000'02"W, 30 feet to the True Point of Beginning; thence S 0°00'02"W, 170.3 feet1 thence S 89°59'58"E, 207.8 feet; thence Nl8°22'E, 177.10 feet; thence N 8~0 59'58"W, 259.49 feet to the ~ Point of Beginning. The area of the described parcel contains 39,620 ft. (.910 acres). The above described parcel contains an easement granted to the State Department ~f Highways, Division of Highways, State of Colorado, as described in Book 2888 page 419. The easement is described as follows: A tract or parcel of land No. PE-2 of the State Department of Highways, Division of Highways, State of Colorado, Project No. HHS 0006 (2) containing 5,402 sq. ft ., more or less, in theSE 1/4 of Section 33, Township 4 South, Range 68 Wea~, of the Sixth Principal Meridian, in Arapahoe County, Colo- rado, said tract or parcel being more particularly described as follows: Beginning at a point on the east property line opposite centerline Station 194+29.13, a distance of 55.0 feet; 1. Thence sw, along the east property line, a distance of 80.08 feet to the SE property corner which is opposite centerline Station 19~+09.21, a distance of 55.0 feet; 2. Thence West, parallel with the north line of the SE l/4 of Section 3), a distance of 63.22 feet to a point opposite centerline Station 195+29.13, a distance of 115.0 feet; 3. Thence NE, parallel with the east property line, a distance of 100.0 feet to a point opposite centerline Station 194+29.13, a distance of 115.0 feet; 4. Thence SE, opposite centerline Station 194+29.13, a distance of 60.0 feet, more or less, to the Point of Beginning. The above described parcel contains 5, 402 square feet, more or less • NOTE: Parcel 056 as described above also contains a strip of land deeded to Arapahoe County as recorded in Book 415, page 449. The area of said strip of land contains 4500 sq. ft,1 more or less. -4- I • • - - I • • ( • • • / Sec~n 2. Real Pro ert for Greenbelt 0 ens ace and Park Pur oses. The City Manager, or h~s des~gnee, ~s he by author~zed and direct o enter into negotiations in good faLth with the owners of the lowing described parcel of propert ~and should said City Manage r his designee, be unable to agree with the owners of the proper y ereinafter described as to the ~air market value of the property, then the City Attorney is autharized to commence action in eminent domain to condemn the followin~parcel of real property as authorized by law: / Parcels 035 and 057 -North; A parcel lying in the North /2 of the Southeast 1/4 of Section 33, ~ship 4 Sou , Range 68 West of the 6th Principal Mer\dian, Arap e County, State of Colorado. More particula y desc~· d as follows: Beginning at the or~ast corner of the Northwest 1/4 of the Southeast 1 of said Section 33; thence South 89• 59' 58" East .00 feet; thence South o• 00' 02" West 30.00 feet t;rrue point of beginning; thence continuing on aid bea ing a distance of 80.00 feet; thence South t• 00' 00 West 130.00 feet; thence South 76• 00' 00" est 112.97 !eet to the East line of South Platte Rive Drive East; thence on a curve to the left and along aid East line 1~.35 feet, said curve having a radius f 771.67 feet and a central angle of a• 24' 57"; thence orth 6• 18' West 90.~ feet; thence South 89° 59' 5~,. East 279.19 feet, l:o t true point of beginning. The •bove described parcel conta' s 39,549 square feet (0. !Y08 acres). / I §~£!io~. The Director of Finance, ex officio City Clerk-Treasurer is hereby authorized and directed to appropriate, set aside and hold for all necessary judgments, awards, agreements, or stipulations suf- ficient sums to be paid a~j~~~~q~pensation to the owners of the properties to be taken~~~~ppropriation not be less than the highest appraisal value for the parcels in question. ADOPTED AND APPROVED this ______ day of February, 1980 • Eugene L. Ot~s, Mayor Attest: ex off~cio city Clerk-Treasurer -5- I • - - ( • ( • • • 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. -6-I • • - ( • • ( RESOLUTION NO. 5 SERIES OF 1980 • • • 7 B · A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FEE SIMPLE INTEREST IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD, COLORADO, TO PROVIDE A RIGHT-OF-NAY FOR CHANNEL IMPROVEMENTS ON LITTLE DRY CREEK FROM SOUTH PLATTE RIVER DRIVE TO SANTA FE DRIVEe WHEREAS, the City of Englewood desires to alleviate loss and damage from potential flooding of Little Dry Creek1 and WHEREAS, the City of Englewood has entered into an agreement with the Urban Drainage and Flood Control District to prepare final design for a portion of Little Dry Creek that will assist in allevi- ating flooding1 and WHEREAS, it is necessary for the City of Englewood to acquire certain right-of-way to construct the improvements to Little Dry creek1 and WHEREAS, property adjoining the right-of-way is necessary for greenbelt, openspace and park purposes1 and WHEREAS, the acquisition of the right-of-way and construction of improvements are necessary for the health, safety, comfort, con- venience and welfare of the residents of the City of Englewood. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Right-of-Way for Channel Improvements on Little Dry Creek. The city Manager, or his designee, is hereby authorized and directed to enter into negotiations in good faith with the owners of the following described parcels of property, and should said City Manager, or his designee, be unable to agree with the owners of the property hereinafter described as to the fair market value of the property, then the City Attorney is authorized to commence action in eminent domain to condemn the following parcels of real property as authorized by law: Parcel 054: A parcel ly~nq-~n 'tbe NJ:: l/4 of the ·s~:: l/4 of Section ll, '!'Own,.;hip 4 ::>out.h, RAnge 68 West of the 6th P.M. County of Arapahoe, State of Colorado, as .recorded in Book 2845, Pili• 602, 110re particularly described as follows: Beginnin~ at the East Quarter corner of said Section 33, N 89'l59'58"W 983.44 fuet along the EAst and West centerline of said Section 331 thence s 0000'02"V, 30 t .. t to the 'l'rue Point of Beginning1 thence S 0000'02"W, 170.~ f-tl th..-S 89059'58"£, 100.0 f-tl the-N 0000'02"1:':, 170.3 feet1 the-II 8to5t'58"V, 100.0 f-t to the True Point of 889inning. The ar .. of tbe d-.cribed parcel oontaia. 17030 ft.2 (0.3110 acres). I • - • • ( • • • • Parcel 032: A parcel lying in the NE l/4 of the SE l/4 of Section 33, Township 4 south, Ran9e 68 West of the 6th P.M. county of Arapahoe, state of Colorado, more particularly described as follows: Beginning at the South Quarter corner of said Section 33, thence N 89059' 58"W, 1097.26 feet; thence S 0000'02"W, 140 feet to the True Point of Beginning; thence s oP00'02"W, 60.30 feet; thence s 89D59'58"E, 10~37 feet; thence N o000'02-E, 76.80 feet; thence S 80045'17"W, 102.70 feet to the True Point of Beginning. The above described parcel contains 6950 ft.2 (.16 acre) P.trcela 033 and 058 : A parcel lying in the NW l/4 of the SE l/4 of section 33, ~ownship 4 South, Range 68 west of the 6th P.M., County of Arapahoe, State of Colorado, more particularly described as follows: Bec;,i.nning at the HE corner of the NW l/4 of the SE l/4 of said Section 33; thence S 0000'02" w, 277 feet to the True Point of Be9inning; thence s 0000'02"W, l3.0C feet; thence s 67051'54"W, 63.69 feet; thence S 94059' 35"W, 91.22 feet; thence along a curve to the left 47.74 feet; said curve to the left having a radius of 771.67 feet and a central angle of 3032'42"; thence S 8g059'58"E, 165.83 feet to the True Point of Beginning. The above described parcel contains 5548 ft.2 ( .127 acres) • Parcel 047: A parcel lying in the north l/2 of the SE l/4 of Section 33, Township 4 south, Range 68 West of the 6th P.M., County of Arapahoe, State of Colorado, ~re parricularly described as follows: Beginning at the NW corner of the NE l/4 of the SE l/4 of said Section 33, thence S 0000'02"W, 295.00 feet, thence S8gP59'58"E, 20.00 feet along the northerly boundary of the parcel recorded in Book 1893 Page 484, thence N 57°40'E, 248.78 feet along said northerlY boundAry to the True Point of Beginning; thence S 1°57'02-W, 38.39 feet; thence N 8gP59'58"W, 59.31 feet, to a point on said northerly boundarY; thence N 57°40'02"E, along said northerly boundary, 71.74 feet, to the TrUe Point of Beginning. The above described parcel contains 1138 ft.2 (.026 acre) • -2- • I • - { • • • • • • Parcel 055: A parcel lying in the NE l/4 of the SE l/4 of Section 33, Township 4 South, Ra'lge 68 West of the 6th P.M., County of Arapahoe, State of Colorado, as recorded in Book 2880, page 493, more particularly described as follows: Beginning at the East Quarter corner of said section 33, thence N B9o59'58"W 883.44 feet along the East and West centerline of said section 33; thence S 0000'02"W, 30 feet to the True Point of Beginning; thence s 0000'02"W, 170.3 feet; thence S 89059'58" E, 100.0 feet; thence N 0000'02"E, 170.3 feet; thence N 89059'58"W, 100.0 feet to the True Point of Beginning. The area of the described parcel contains 17030 ft2. (0.3910 acres). Parcels 035 and 057 -South: A parcel lying in the NW 1/4 of the SE 1/4 of Section 33, and a parcel lying in thtliE l/4 of the SE l/4 of said Section 33, 'l':lwnship 4 SOuth, Range 68 West of the 6th P.M., County of Arapahoe, State of Colorado, more particularly described as follo-: Beginning at the HE corner of the NW 1/4 of the SE l/4 of said Section 33; thence S 89°59'58"£, 20.00 feet: thence S 0000'02"W, 110.00 feet, to the True Point of Beginning; thence S 0000 '02"W, 167.00 feet; thence N 89o59'58"W 185.83 feet; thence along a curve to the left 65.16 feet; said curve h;vinq a radius of 771.67 feet and a central angle of 4° SO '17"; thence N 76000'00"E, 112.97 't. 1 thence N 52000'00"E, 130 feet, to the True Point of Beginning. 'lhe above described parcels contain 20,230 ft. 2 ( .464 acres). Parcel 036: A parcel lying in the NE l/4 of the SE l/4 Section 33, Township 4 South, Range 68 West of the 6th P.M., County of Arapahoe, State of Colorado, as recorded in Book 2040 page 79, more particularly described as follows: Beginning at the Northwest corner of NE l/4 of said SE l/4 of said Section 33, thence S 0000'02"W, 30 feet, thence S 89059'58"E, 20 feet to the True Point of Beginning; thence ·s 0000'02"W, 265.0 feet; thence N 57040'£, 249.5 feet, thence N 0000'02"£, 24.0 feet; thence N 80052'E, 102.7 feet; thence N 0000'02"£, 93.5 f .. t; thence N 89P59'58"W, 315.4 feet to the Tl ue Point of Beginning. The area of the above described parcel contains 52584 ft.2 (1.207 acres) -3- • I • • - ( • • • • • • Parcel 056: A parcel in the NE 1/4 of the SE l/4 of Section 33, ~nship 4 South, Range 68 west of the 6th P.M., County of Arapahoe, State of Colorado, as recorded in Book 2915, page 491 and 492, more particularly described as follows: Beginning at the East Quarter corner of said Section 33, thence N89°59'58"W, 783.44 feet along the Bast and West centerline of said Section 33; thence S 0000'02"W, 30 feet to the TrUe Point of Beginning; thence S 0°00'02"W, 170.3 feet; thence S 89°59'58"£, 207.8 feet; thence Nl8°22'E, 177.10 feet; thence N BS 0 59'58"W, 259.49 feet to the ~ Point of Beginning. The area of the described parcel contains 39,620 ft. (.910 acres). The above described parcel contains an easement granted to the State Depart.ent ~f Highways, Division of Highways, State of Colorado, as described in Book 2888 page 419. The ea...ant ia described as follows: A tract or parcel of land No. PE-2 of the State Department of Highways, Division of Highways, State of Colorado, Project No. HHS 0006 (2) containing 5,402 sq. ft ., .ore or less, in theSE 1/4 of Section 33, TOwnship 4 South, Range 68 Weal:, of the Sixth Principal Meridian, in Arapahoe County, Colo- rado, said tract or parcel being more particularly described as follows: Beginning at a point on the east property line opposite centerline Station 194+29.13, a distance of 55.0 feet; l. 'lbence sw, along the east property line, a distance of 80.08 feet to tbB SE property corner which is opposite centerline Station 19~+09.21, a distance of 55.0 feet; 2. 'lbence weat, parallel with the north line of the SE 1/4 of Section 3), a distance of 63.22 feet to a point opposite centerline Station 195+29.13, a distance of 115.0 feet; 3. 'l'bence ME, parallel with the east proparty line, a distance of 109.0 feet to a point opposite centerline Station 194+29.13, a distance of 115 •. 0 feet; 4. Thence SE, opposite centerline Station 194+29.13, a distance of 60.0 feet, wore or leas, to the Point of Beginning. The above described parcel contains 5,402 square feet, 1110re or less. NOTE: Parcel 056 as described above also contains a strip of land deeded to Arapahoe County as recorded in Book 415, page 449. The area of said strip of land contains 4500 sq. ft., more or less. -4- • I • - - • • • • • Section 3. The Director of Finance, ex officio City Clerk-Treasurer is hereby authorized and directed to appropriate, set aside and hold for all necessary judgments, awards, agreements, or stipulations suf- ficient sums to be paid as just compensation to the owners of the properties to be taken or damages, that such appropriation not be less than the highest appraisal value for the parcels in question. ADOPTED AND APPROVED this 19th day of February, 1980. Eugene L. Otis, Mayor ATTEST : ex o£ficio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and r- foregoing is a true, accurate and complete copy of Resolution No. -~--Series of 1980 • I . - • • • • • • CITY COUNCIL CITY OF ENGLEWOOD, COLORADO Case No. 26-79 IN THE MATTER OF THE APPLICATION OF HARRY G. WISE For Rezoning of a Certain Parcel of Land from R-1-C, Single-Family Dwelling, to R-2, Medium-Density Residence, Pursuant to the Comprehensive Zoning Ordinance. FINDINGS OF FACT, CONCLUSION, AND DENIAL OF REZONING APPLICATION WHEREAS, on October 1, 1979, Harry G. Wise submitted his application to the Planning and Zoning Commission of the City of Englewood to rezone from R-1-C, Single-Family Dwelling, to R-2, Medium-Density Residence, the following parcel of unimproved property: Lots 4 and 5, and the Easterly 26.08 feet of Lot 3, SANDRA'S SUBDIVISION, sometimes known and numbered as 3767 South Clarkson Street, in the City of Englewood, Colorado, being the intersection of East Jefferson.' Drive at South Clarkson Street (Later amended); AND WHEREAS, on December 4, 1979, the Englewood City Planning and Zoning Commission held a hearing to determine whether the application for rezoning of the parcel in question should be favor- ably recommended to the City Council for the change in zoning; and WHEREAS, at said public hearing, the Planning and Zoning Commission received certain oral testimony together with documents, exhibits, reports, statements from the applicant as well as certain residents within the area to be rezoned; and WHEREAS, the application for rezoning stated the reasons for said requested zone change as follows: "The property involved is presently zoned R-1-C, the lowest single family district. To the property's north and northwest are various multi-family dwellings, of considerable density, and a medical center, all of which • I • • - • • • • • • were developed subsequent to the date that the present zoning was imposed upon this property. To the west of this property is a public use, consisting of a high school athletic field and a storage area for equipment. •The property apparently exists within a flood plain, to some extent at least, which will necessitate additional expenditures in develop- ing the property for any use. •under these circumstances the property cannot be expected to develop as a single family residence. The present rezoning request, if granted, would allow the owner to develop the ground for low density multiple-family uses. The prospective owners' intent is to place four dwelling units upon the property. Before doing this, however, it will be necessary for the owner to comply with all necessary require- ments relating to flood plain protection and to have a planned unit development program approved by the Planning Commission.• AND WHEREAS, on said December 4, 1979, the City Zoning and Planning Commission recommended to City Council that the rezoning of Lots 4 and 5, SANDRA'S SUBDIVISION, from R-1-C, Single-Family Residence, to R-2, Medium-Density Residence, be denied; and WHEREAS, the matter came on to be heard before City Council on the 28th day of January, 1980. '-·' NOW, THEREFORE, after due consideration of the evidence presented by the petitioner, both at the public hearing before the Planning and Zoning Commission on December 4, 1979, and the evidence elicited from the petitioner's witnesses and upon cross- examination on hearing before the City Council, and after a study of all of the exhibits offered, IT IS HEREBY RESOLVED that City Council shall adopt the following findings and conclusion as its decision upon said application: FINDINGS 1. Notices relative to the meetings to consider the requested rezoning were properly given by publication in the official City newspaper as well as posting of the premises. -2- . •,: • I • • - • • • • • 2. The area to which the application relates is described as Lots 4 and 5, SANDRA'S SUBDIVISION, Arapahoe County, State of Colorado. 3. The application for rezoning was filed by Mr. Harry G. Wise, who resides at 4333 E. Peakview Ave., Littleton, Colorado, and who holds an option to purchase the property from the owners, Robert A. and Gloria S. Berkley, subject to rezoning as contem- plated in the subject application as amended. 4. The property above described was annexed to the City of Englewood in 1946 and has been zoned for single-family residence since that time. That Lots 4 and 5 of SANDRA'S SUBDIVISION taken together constitute approximately 16,500 square feet of unimproved real property measuring approximately 131 feet from east to west and 126 feet from north to south, which is a corner site situate at the intersection of East Jefferson Drive at South Clarkson Street. 5. That the east side of the described property is on the boundary between the City of Englewood,and the Town of Cherry Hills Village and the land in Cherry Hills Village, adjacent to said property, is zoned R-3, which is a single-family-residence district with a minimum lot area requirement of one (1) acre. 6. That the area to the south of the subject site is zoned R-1-C, single-family residence, and is developed in accordance with that zone classification. 7. That the area to the west of subject site is zoned R-1-C, single-family residence, and that a vacant parcel of approximately 23 feet wide by 195 feet is under separate ownership and adjoins the site on the west. The land immediately to the west of the aforementioned vacant parcel is owned and operated by the Englewood School District as part of the District's education program in· con- formance with zoning regulations. 8. There is a 100-foot right-of-way which adjoins the subject site on the north within which right-of-way East Jefferson Drive, a public street, is located immediately to the north of subject site, and Little Dry Creek, a major drainage area adjoins East Jefferson Drive immediately to the north. 9. The subject property lies within the Little Dry Creek 100-year flood plain, as identified on the Flood Insurance Rate Map prepared by the Federal Insurance Administrator. 10. That the area to the north of East Jefferson Drive and Little Dry Creek is zoned R-3, high-density residence, and is -3-I • - • • • ; • • • developed with a mixture of single-family houses, multi-family complexes, and professional office buildings. 11. That the 1979 Comprehensive Plan projects the develop- ment of the land to the south of Little Dry Creek and East Jefferson Drive as single family residence, using Little Dry Creek and East Jefferson Drive as a logical and natural boundary between the single family residence area on the south and the multi-family/professional office area to the north. 12. That evidence submitted by the applicant indicated the current owners, Robert A. and Gloria s. Berkley, purchased Lots 4, 5, and 6, SANDRA'S SUBDIVISION, in 1976. (See applicant's Exhibit 1 - survey of the property, Lots 4 and 5). Mr. Berkley testified that a single-family residence contained on Lot 6 (not shown on the sur- vey but adjoining Lot 5 on the south) contained a single-family residence which is family occupied pursuant to an existing lease. 13. Testimony is not disputed that the proposed change in zoning to R-2, medium density, would authorize the construction of five (5) units on the property and that financing and the sale of such property with the R-2 zoning would be greatly enhanced, as would be the value of the property to the owner or applicant. 14. Opinion evidence was received that because of the loca- tion of the property, the value of the lots usable for single- family residence would be substantially ' less and the site could not be developed economically. In short, the applicant maintains that the highest and best •economic" use under the circumstances would be the R-2 classification authorizing the greater intensity of use, and the applicant intended to develop a planned development of four (4) residential units on the site. 15. The applicant, Mr. Wise, stated he entered into the agreement to purchase Lots 4 and 5, that he had not attempted to get financing for two (2) single-family residences because he was not interested in doing so, stating that he could in fact get financing for multiple-family units. 16. A letter under date of January 11, 1980 from Mr. Roscoe L. Davidson, Superintendent of the Englewood Public Schools, to Andy McCown, Englewood City Manager, raising an issue of the advisability of any construction on the property in question because of the pos- sibility of acquisition of all or part of that property for flood control purposes, was totally disregarded as being irrelevant to the issue of rezoning. 17. Although City Council, as a hearing body, received applicant's letter exhibits numbers 5, 6, 7, 8, 9, 10, 11, 12, 13, 16, and 17, for what testimonial value they may have added to the -4- • I • - • • • • .. • hearing, it felt somewhat handicapped in not being able to question the scriveners of those letters during the hearing process. CONCLUSION 1. The rezoning of the subject property would not be in compliance with the Comprehensive Plan of the City of Englewood, Colorado. 2. The applicant has not demonstrated that the original zoning of the property was in error nor that the changes in the character of the neighborhood would preclude the development of the subject site under the existing zoning regulations. 3. The proof in this case fails to establish that the sub- ject land cannot yield a reasonable return if used for the purpose allowed in the present zoning regulation of R-1-C. 4. That the present zone classification will continue to conserve and stabilize the value of the property and to promote the health, safety and general welfare of the public in accordance with the Comprehensive Plan. For each of the above reasons, the application for rezoning of the subject property is hereby denied. ADOPTED AND APPROVED this 19th day of February, 1980. I, GARY R. BIGBEE, 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 City Council's Findings of Fact, Conclusion, and Denial of Rezoning Application of Mr. Harry G. wise in case No. 26-79. co<J ""'# ~ Gary R. Hi t!e . -5- I . - • • • ( • • • • CITY COUNCIL CITY OF ENGLEWOOD, COLORADO Case No. 26-79 IN THE MATTER OF THE APPLICATION OF HARRY G. WISE For Rezoning of a Certain Parcel of Land from R-1-C, Single-Family Dwelling, to R-2, Medium-Density Residence, Pursuant to the Comprehensive Zoning Ordinance. FINDINGS OF FACT, CONCLUSION, AND DENIAL OF REZONING APPLICATION WHEREAS, on October 1, 1979, Harry G. Wise submitted his application to the Planning and Zoning Commission of the City of Englewood to rezone from R-1-C, Single-Family Dwelling, to R-2, Medium-Density Residence, the following parcel of unimproved property: Lots 4 and 5, and the Easterly 26.08 feet of Lot 3, SANDRA'S SUBDIVISION, sometimes known and numbered as 3767 South Clarkson Street, in the City of Englewood, Colorado, being the intersection of East Jeffersont Drive at South Clarkson Street (Later amended); AND WHEREAS, on December 4, 1979, the Englewood City Planning and Zoning Commission held a hearing to determine whether the application for rezoning of the parcel in question should be favor- ably recommended to the City Council for the change in zoning; and WHEREAS, at said public hearing, the Planning and Zoning Commission received certain oral testimony together with documents, exhibits, reports, statements from the applicant as well as certain residents within the area to be rezoned; and WHEREAS, the application for rezoning stated the reasons for said requested zone change as follows: "The property involved is presently zoned R-1-C, the lowest single family district • To the property's north and northwest are various multi-family dwellings, of considerable density, and a medical center, all of which • I • - • • • • • • • • were developed subsequent to the date that the present zoning was imposed upon this property. To the west of this property is a public use, consisting of a high school athletic field and a storage area for equipment. "The property apparently exists within a flood plain, to some extent at least, which will necessitate additional expenditures in develop- ing the property for any use. •under these circumstances the property cannot be expected to develop as a single family residence. The present rezoning request, if granted, would allow the owner to develop the ground for low density multiple-family uses. The prospective owners' intent is to place four dwelling units upon the property. Before doing this, however, it will be necessary for the owner to comply with all necessary require- ments relating to flood plain protection and to have a planned unit development program approved by the Planning Commission." AND WHEREAS, on said December 4, 1979, the City Zoning and Planning Commission recommended to City Council that the rezoning of Lots 4 and 5, SANDRA'S SUBDIVISION, from R-1-C, Single-Family Residence, to R-2, Medium-Density Residence, be denied: and WHEREAS, the matter came on to be heard on the 28th day of January, 1980. ore City Council NOW, THEREFORE, after due consideration of the evidence presented by the petitioner, both at the public hearing before the Planning and Zoning Commission on December 4, 1979, and the evidence elicited from the petitioner's witnesses and upon cross- examination on hearing before the City Council, and after a study of all of the exhibits offered, IT IS HEREBY RESOLVED that City Council shall adopt the following findings and conclusion as its decision upon said application: FINDINGS 1. Notices relative to the meetings to consider the requested rezoning were properly given by publication in the official City newspaper as well as posting of the premises. -2- • I • - • • ' • • • • 2. The area to which the application relates is described as Lots 4 and 5, SANDRA'S SUBDIVISION, Arapahoe County, State of Colorado. 3. The application for rezoning was filed by Mr. Harry G. Wise, who resides at 4333 E. Peakview Ave., Littleton, Colorado, and who holds an option to purchase the property from the owners, Robert A. and Gloria s. Berkley, subject to rezoning as contem- plated in the subject application as amended. 4. The property above described was annexed to the City of Englewood in 1946 and has been zoned for single-family residence since that time. That Lots 4 and 5 of SANDRA'S SUBDIVISION taken together constitute approximately 16,500 square feet of unimproved real property measuring approximately 131 feet from east to west and 126 feet from north to south, which is a corner site situate at the intersection of East Jefferson Drive at South Clarkson Street. 5. That the east side of the described property is on the boundary between the City of Englewood,and the Town of Cherry Hills Village and the land in Cherry Hills Village, adjacent to said property, is zoned R-3, which is a single-family-residence district with a minimum lot area requirement of one (1) acre. 6. That the area to the south of the subject site is zoned R-1-C, single-family residence, and is developed in accordance with that zone classification. 7. That the area to the west of subject site is zoned R-1-C, single-family residence, and that a vacant parcel of approximately 23 feet wide by 195 feet is under separate ownership and adjoins the site on the west. The land immediately to the west of the aforementioned vacant parcel is owned and operated by the Englewood School District as part of the District's education program in con- formance with zoning regulations. 8. There is a 100 -foot right-of-way which adjoins the subject site on the north within which right-of-way East Jefferson Drive, a public street, is located immediately to the north of subject site, and Little Dry Creek, a major drainage area adjoins East Jefferson Drive immediately to the north. 9. The subject property lies within the Little Dry Creek 100-year flood plain, as identified on the Flood Insurance Rate Map prepared by the Federal Insurance Administrator • 10. That the area to the north of East Jefferson Drive and Little Dry Creek is zoned R-3, high-density residence, and is -3- • I • • - • f • • • • developed with a mixture of single-family houses, multi-family complexes, and professional office buildings. 11. That the 1979 Comprehensive Plan projects the develop- ment of the land to the south of Little Dry Creek and East Jefferson Drive as single family residence, using Little Dry Creek and East Jefferson Drive as a logical and natural boundary between the single family residence area on the south and the multi-family/professional office area to the north. 12. That evidence submitted by the applicant indicated the current owners, Robert A. and Gloria s. Berkley, purchased Lots 4, 5, and 6, SANDRA'S SUBDIVISION, in 1976. (See applicant's Exhibit 1 - survey of the property, Lots 4 and 5). Mr. Berkley testified that a single-family residence contained on Lot 6 (not shown on the sur- vey but adjoining Lot 5 on the south) contained a single-family residence which is family occupied pursuant to an existing lease. 13. Testimony is not disputed that the proposed change in zoning to R-2, medium density, would authorize the construction of five (5) units on the property and that financing and the sale of such property with the R-2 zoning would be greatly enhanced, as would be the value of the property to the owner or applicant. 14. Opinion evidence was received that because of the loca- tion of the property, the value of the lots usable for single- family residence would be substantially less and the site could not be developed economically. In short, the applicant maintains that the highest and best "economic" use under the circumstances would be the R-2 classification authorizing the greater intensity of use, and the applicant intended to develop a planned development of four (4) residential units on the site. 15. The applicant, Mr. Wise, stated he entered into the agreement to purchase Lots 4 and 5, that he had not attempted to get financing for two (2) single-family residences because he was not interested in doing so, stating that he could in fact get financing for multiple-family units. 16. A letter under date of January 11, 1980 from Mr. Roscoe L . Davidson, Superintendent of the Englewood Public Schools, to Andy McCown, Englewood City Manager, raising an issue of the advisability of any construction on the property in question because of the pos- sibility of acquisition of all or part of that property for flood control purposes, was totally disregarded as being irrelevant to the issue of rezoning. 17. Although City Council, as a hearing body, received applicant's letter exhibits numbers 5, 6, 7, 8, 9, 10, 11, 12, 13, 16, and 17, for what testimonial value they may have added to the -4- • I • - f • • • • hearing, it felt somewhat handicapped in not being able to question the scriveners of those letters during the hearing process. CONCLUSION 1. The rezoning of the subject property would not be in compliance with the Comprehensive Plan of the City of~glewood, Colorado. 2. The applicant has not demonstrated that the original zoning of the property was in error nor that the changes in the character of the neighborhood would preclude the development of the subject site under the existing zoning regulations. 3. The proof in this case fails to establish that the sub- ject land cannot yield a reasonable return if used for the purpose allowed in the present zoning regulation of R-1-C. 4. That the present zone classification will continue to conserve and stabilize the value of the property and to promote the health, safety and general welfare of the public in accordance with the Comprehensive Plan. For each of the above reasons, the application for rezoning of the subject property is hereby denied. ADOPTED AND APPROVED this 19th day of February, 1980. Attest: Eugene L. Ot1s, Mayor ex officio City Clerk-Treasurer I, GARY R. HIGBEE, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of City Council's Findings of Fact, Conclusion, and Denial of Rezoning Application of Mr. Harry G. Wise in Case No. 26-79. Gary R. Higbee -5- • 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 2/13/80 8 A American Cancer Society Banner INITIATED BY Planning Division at request of American Cancer Society ACTION PROPOSED ~pprove the hanging of a banner across South Broadway _ north of U.S. 285/Broadway interchange to announce that April is Cancer Control Month. INTRODUCTION: April has been proclaimed as Cancer Control Month by President Carter and Governor Lamm and the Arapahoe county unit of the American Cancer Society is formulating its plans for the public informa- tion/fund raising activities during the month. One of the State-wide projects is to place a banner over the main street in as many communities as possible with the message: APRIL IS CANCER CONTROL MONTH. The Arapahoe County unit of the American Cancer Society has asked per- mission to place such a banner over South Broadway on or before April lst and to leave it up throughout the month. The only poles from which the banner can be suspended are two wooden ones on either side of South Broadway which belong to the Public Service Company . The poles are just north of the Broadway/285 interchange and that location gives good exposure to whatever aessage is carried on the banner. Because it takes special equipment and know-how to hang the banner, the Traffic Division normally installs and removes the banners. Mr. Plizga is aware of this request and is quite willing to assist if the City Council approves the request . The Public Service Company also has approved the use of the poles. The persons in the Cancer Society under- stand that they must pay for and prepare the banner ; that the City will not do so. The request to hang the banner is referred to the City Council pursuant to §22 .7-Gd of the Comprehensive zoning Ordinance which requires that banners across public thoroughfares be authorized by temporary permit issued by the City Council . • I • - - ( ( • • • CONCLUSION AND RECOMMENDATION: Cancer is a disease that touches the lives of all of us, either directly or indirectly. To learn more about its cause and cure, to aake persons aware that early detection is critical, is important. BY having the banner displayed, those persons walking or driving on South BroadWay will be reminded of the educational program and of the need for funds. It is recommended that the banner and the installation of the banner by the Traffic Division be approved. I 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 SUBJE'CT February 14, 1980 AGENDA ITEM 8 B UNION AVENUE RAW WATER LINE REPLACEMENT INITIATED BY City Manager ACTION PROPOSED Recommendation of award for Union Avenue Raw Water Line Replacement Project. Introduction The City of Englwood obtains the majority of its raw (untreated) water from the South Platte River. Water is diverted just south of Union Avenue into a small pond. From this pond it is pumped to the Allen Water Filter Plant for purification. The water piping outside of this pump station (pipe manifold) and approxi- mately 75 lineal feet of water line needs replaced. Background The pump station and water line was installed in 1952. The p~p~ng is made out of steel and is below the water table. This ground water and conductivity of the soil together has accellerated the corrosion of the manifold and piping, and several leaks have been repaired in the last few years. The Engineering Department prepared plans and specifications for the replacement of the manifold and water line. The new piping will be protected against corrosion . Financial This project will be paid for by the water fund from the operation and maintenance account where funds are available. On Wednesday, February sets of plans had been them submitted bids of with a bid of $40,060. on this project were: 13, 1980 bids were opened for this work. Six taken out by general contractors. Three of which the 1ow bidder was H. w. Siddle, Inc. The engineer's estimate and the other bids Holsam Concrete Emerson & Ellett, Inc. Engineer's Estimate $ 59,331.00 53,540.00 44,850.00 I • - - I l{l • • • • • • Since the project is relatively small, it is not unusual to have just a few bidders. Recommendation The recommendation is to award Union Avenue Raw Water Line Replacement Project to H. w. Siddle, Inc. in the amount of $40,060 with a project contingency of $3,000 for a total estimated coat of $43,060 • SUGGESTED ACTION: MOVED BY ___________ _ SECOND ____________ __ YES. _______ NO _____ ~ABSENT _________________________________ _ I • • - ( • r • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 198-x-0-- COUNCIL BILL NO. 4 ~ 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 possession of the following parcel of real property on which it shall be allowed 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 feetb 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 89°51'20" 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 • • - - ({ • • ( • ,· • • .. • 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. ------ Mayor Attest: ex off1cio 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 • - • • ( • • • • ACRUMENT FOR DEVtl.OPIUliT, IIAili'I'DIANC£ AND COO\IEYANCE OF REAL PRDPEilTY THlS ~T. dated this of , 1979, by &n4 betveen the CITY OF ENCLEWOOD, COLORADO, • Municipal Corporation (hereinafter a011etimea called "City•) and tho BOARD OF COUNTY COIOUSSIOm:RS or ARAPAHOE COUNTY , COLORADO (h ereinaf~.er aa:aetiaes callecl "County "}: WITNESS ::TH, WK£R£AS, County is the owner and in possession of the following ~escribed property (hereinafter sac.eti.mea called "Subject Premises") lying, aib.L&te and bei.n9 iD the County of Arapahoe and State o f Colorado, to--wit : I Beginning at ·the nort.hvest. corner of the .south l /2 of the northeast l /4, section 8, Town&hip 5 south, Range 68 west of the 6th P .M., Arapahoe CoWl.tY, Colora4o: thence south 89 deqrees 58' 30" east 1380.16 feet;: thence south 0 degrees 23'45" west 275.00 feet; thence south 71 degrees 30' l2" east 631.22 feet : t.~ence south 0 degreea 23' 45" west 180.78 feet to dle t r·.Je pol.nt of beginning; thence conunuing on said. line 5 0 8.0 fee:. to a point 160 feet north of the southeast corner of the southwest l /4 of the southeast 1 /4 of the northeast 1/4 of said Section 8 ; thence north 99 degrees 51' 20" vest 968.78 feet ; thence north 19 degrees 30' 15" west 356.97' thence north 91 degrees 11' 38" east 1104 .45 feet to the true point of beginning. Said parcel contAin• 10.10 acres !.· WHEREAS, City deeires and anti cipates the construction of o. l!IU.nicipal park with attend.ant facilities and improvements upon and in connection with the Subject Premises, and in that re'"gard desi res to acqui re title to the Subject Premises upon and in accorr.&nce with the terms and conditjons hereinafter set forth; and, 14HEJtEAS, County believes tt. construction and installation of a municipal park upon the S~ject Premises, and the use of the Subject Pre:nis~s for park purposes will be benefici al to the res idents ancS inhabi- tants of Arapahoe County , and will !>e in the County's best interests; a.'ld, WHEREAS, County is presently usin': the Subject PreJ:~ises for sand. and gravel excavat1.on, and desires to cont •:lue s&id use of the pret""..ises until the sand a.nci gravel resources thereon arc depleted, wh ich depletion County anticipates will occur on or before ten years fr~ the date hereo f ; a.n,d , WHEREAS, County desires to convoy title to the Subject Premises to City and desires that City use portion .. of the Subject Premises !or park purposes, pend in<; co:rpletion of sand &l d gravel excavations by County, upon and. in accordance "l th the term • ..nd conditions hereir.after set forth, I!ICII, THERE.FORE, i n coMideration of the premises. the mu tual covenants herein contai ned, anti ot.her good and valuable considerati on, i t is agreed between the parties hereto as follows: l. From the date hereof, City sh.1 ll have the right hereunder to employ and u&e that p arcel of land des1gnated on the plat attached hereto •• Parcel "A" for municipal park and recreat ion purposes, including fishin9 and ice- skating\ City shall appropriately mark a.nd ot."'erwise delineate the boundaries of &ald Parcel "A• to the end that the public use of said area for park and recreational purposes will not i nt ~rfere with the operation of County in excavating sand and gravel from the Subject Premises anc! City shall undertake all r easonable means to obvi.• te any such interference. 2. It i• contea~pla.ted by the parties hereto that as portions of areas of the Subject Premises are depleted of their sand and gravel resources through County's excavation, such areas 1n4Y be utilized by City for park antl recreational purposes.. In this re":ard, it is the intention of County to first exc avate along the westerly b ... ur1dary of the Subject Prcml&es, and proceed in excAvation in an easterly d l.rec:tion to the end that Clity will • • I • • - ( • • • • be Able to utilize the weaterly porti.orbll of the Subject Preaiaea for park U1d recreaUon purposu at u early date. Accordi.n9ly, it ia agreed that City aD4 County ahall frca u-to ~J ..ad u auc::b all4itioDal areu are depleted of sand aDd qravel resoarcn, -.et tb.roQgb their respective officiU.. aDd confer on aucb ar ... to be ..,_loped for park and ncraational purpoeea hennmdu, Uld any such additiaaal -~t by C>t}' will be 111 accor4allce witll tbe following CGDdiU.Ou: a. Any such areas abAll be co developed u DOt to permit any \&Se thereof which will interfere with tbe eour.aty•a excavation for UD4 Uld gr .... l on tlle raaining portions ot' the Subject Preaisee: b. City shall appropriately mark Uld desigute the boW>d&riea of such areas to the en4 that any pot'.ential i.Dterference with County's opuaU.O... on the raaining portiou of tbe Subject Pnai ... will be obviated. c. City aball advise County of the type Uld _._ of l.:!prove- MDt CODtelllplat.s em such aMitional &J.'ou, vitbin a reasonable u-prior to actual i:lap~nt of such areas, to the end that any pottmti.Al inter- ference with County aaDd and qravel ucavationa w1.ll be obviated. d. Sucb areas shall be appropriately desiguted upon the plat attached hereto and initialed by the respective parties through their appropriate officu.la as add.itional &rl~U for use by City for park an4 recreatiooal pu.zpoMJ~ hereWlder. l. County shall make all reasonable efforts to avoid interference with tbe City's use of Parcel "A• and additional designated areu of the SUbject PreaS.-for recreational and rark puzposesJ in the event it s':lall be~ necessary for County to use any portion of such parce 1 and des i ~·ted areas, County shall first notify City c·! ita intentiona in this regard to the end that City may take reasonable •asurea to protect its properties, facilities, and landscaping frao injury or ~e. 4 w All property, materials, planta, trees, sod and other illproveJ:~enta placed upon tbe Subject Premises by CUy ahall at all timea remain the property of City, a.nd if, for any reasc•:'l, City shall cease usinq the Subject Premisu, City shall be entitled to reD1JV8 all such improvements therefl"CIII. 5. City aqrees to save, hold hual.u:s and indesdty th8' County of and froll any aad all loss which County might .,..t&in arising out of the • neglige!'1ce of City in usinq and occupyin; Parcel •A" ar.d any additional designated areu of the Subject Preist s , and -County &IJree• to save, hold harmless an4 ind.-nify the City of and from any and all loss City miqht auatain by reason of the negligence of :ounty in using and occupying the remaining portions of the Subject Preaises. '· 6 . It ia understood Uld agreed between the partiH that vhen and H developed for park and recreational purpoaes by City, the SUbject Preai ... shall be available for use for such puJ _»aes by all reaidents and inhabitant. of Arapahoe CoUilty, Colorado. 7. County agreea that it ohall undertake all reuonable efforts to awid cuttl.ng, rupturing or breakift9 the dike exiati ng on the Subject Premiaes, to the end t.Ut as developed for park And recreati onal purpose•, ~· Subject Premises vill contai n a pord or lake which can be utilized for auch purposes ; County furtl1er agrees t.t t.t. if at any tiM (except in tl1e event of emergency) it shall appear thr.t: said dike aay or aiqht be ruptured, broken or cut. or must of necessity be &o broken or cut, County shall firat notify City to t.he end that throuqh cooperation and assis tance reasonable me .. ures can be taken to preserve the premises i n such manner as will provide for a pond or lake on the preaises as ultiAately developed by Ci ty . 8. Ten years frca. the date hereof, or upon cc:apletion by COunty of sand and gravel excavations upon the St h je.:t Preaises, whichever &hall sooner occar, County shall, by Quit Clail:l. Deed, convey all its ri9ht, title and interest in and to the Subject Premises to City~: said deed shall contain a clause providing that if City shall at any tiDe there•fter cease uaing the Subject Preaiaea for park. and recreational purposes, then, and in that event, • I I I j I I I I • - '' ; I • 'J • ( ·j ! - . ~ .... :· • • • • tiUe to the Subject Preaiaea ahall rnert to Coomty . It Lto undentood -~ be-the J>Utiea th<lt iJl the -t OouDty shall not haw CGIIIpleted ita Nand ADd qravel ac:avati..a oa the Subject Pnai.aea at t.ia of deliftZY of tha deed, u ~.u.s. tha, ...S iJl th<lt event, tbia ..._,-the rights-clutiu of~ partiee be..-., shall suzvi"" .s.u...., of -u deed to City, shall DOt bll -to haft -.rged thareiJl, -Coomty shall thenetter be peudttec~ to -.u tbe "-iniAcJ a...s -9Rftl C>D the Subject p._;, ... Wltil the ,._. bu -depleted. IIPGD .,_letioD of a...s ....S vra,.l ueavatiODa by Colmty, or delivery of deed to City, .miebever shall occur later, this A-.,t ahall 'bllcx.a DUll. void. Ud of no effect,. ADd both P.w:tiee hllreto released fro. all abllgatioui bere\I.Dder Nft ADd e.xcept auch abligat.iona ariaing out of or in CODDectioD with tha proviaiODa of J>ar"'Jrapba 5 -6 hereof which shall be-to IIUrVive .s.u...., of the deed-teraizlatioD of a...s- vr-1 -.u"" operatiODa. Ill WI'lWESS WIIEUOF, the partiu bi._to he,. Ht tbeir baDob - Male the day aDd YMr firat -· writ'teD. Di~ of P~ u officio City Clerk CITY QP E11C01.E110DD ~·------------------M]oor I I i l ,. I t ' ::- I f. I I·· I .. - ... I I • . - , ( ( • • • • PARCEL-A • -: ~= .. "o No ' .. CITY OF ENfJLEWOOD AREA•:t IS.61J Ac. .. • .. ;' ~ g ~ ...... ~ 53.01' ARAPAHOE COUil'TI' AREA •! IO.IOAo . •••. 71' set•a.'zo•w Parcel "A" g ....... oi 0 "' !lit~IJinning at a point on tho N line of the s 'J ~f the NE It of Section 8, 'l' 5 S, P. 63 t·J of the 6th P.M., Arapahoe County. ColoracSo 988.77 ft £ of the NW corner of said S 't: thence S 09 degreea 58' lOt !: 391.39 ft1 thence s 0 deg-rees 2l' 45'' W 275.00 f'tr thonee s 71 de;reea lO' 12" E 631.22 ftr thence s 0 daqrees 2:t' 45" W 100.78 ft; thance s 8l 4cgroeo ll' 38" W 1104.45 ft; thence s 19 dC!<Jrees 30' 15" £ 356.97 ft; thence bl S9 degr-• 51' 20" w 53.09 ftr thence: Ill l!:t dcgroea 30' 15• W 832 .53 ft; thence II 40 deqrMe 01' 15" E 492.09 ft to the point of bcgin-ninq . SAid parcel contains 15.66 acre• :t • AraPAho<! County Beginning at the • corner of the s a, ol. Ule RE \, Section 8, T 5 s, R 68 W or the 6th P.PI., Arapahoe Co·unty, Color•cSot thence s 89 degreea 58' 30 .. I: ll£:0 .16 fee t : thence S 0 de<Jr~s 2 3' 45 .. w 275.00 ft ; tbcmee s 7l d.egr.,es J O' 12 .. E 6 31.22 !'t; thence s 0 degrees 23' 45" w lSO. 79 ft to the true {lOl.nt of beginnin9; thence C'On":l..nu.i.ng on Mid line SOB. 0 ft to • point 160 ft north of t.ha SE corner of the sw \ of the SE \ of the NE .. of said Se .:tion 8; thence rl 89 d.cqrees 51 ' 20"' wost 963.79 ft; thence N 19 degrees 30' 15., .1 356.97,' thence t ~ 91 deCJrees 11' 38., E 1104 .45 ft to the uue po.int of beqinning. Said parcel conta.1.ns 1 0.10 .acres ~. UfGINEERINI D!PARTf.tENT CITY CIF ENGLEWOOD COLORADO. CENTENNIAL PARK DRA\'IN BY: APP. HEET_OF ~------. ---------- • I ., I I ' -j i I •