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Home My WebLink About1980-03-03 (Regular) Meeting Agenda- • • • ~City Council Meeting -Regular March 3, 1980 • • • 0 • - • • • • • • CITY COUNCIL MEETING March 3 1980 RESOLUTION 1~~8, 9 ORDINANCE I 4, 5, 6, 7, 8, • 0 0 • I . - - r • • ( • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO March 3, 1980 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on March 3, 1980, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Jim Smith, Associ- ate Pastor, First Baptist Church, 3170 South Broadway. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were:City Manager McCown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER NEAL MOVED TO APPROVE THE MINTUES OF THE REGULAR MEETING OF FEBRUARY 19, 1980. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF FEBRUARY 25, 1980. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: • - I • • - • • • March 3, 1980 Page 2 Ayes: Nays: • • . . • Council Member Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Bill Snyer, TOWN OF LITTLETON CARES, was not present. Mr. Dean Schank appeared on Mr. Snyer's behalf. Mr. Schank stated TOWN OF LITTLETON CARES supports the Meals-On Wheels program which provides hot meals to old and dis- abled people in the area so they can stay in their homes as long as possible. Mr. Schank exhibited a map which pinpointed the homes which were served. Mr. Schank stated the program is work-ed by volunteers. Mr. Schank stated the organization was asking for fi- nancial contributions from various entities and his purpose for appearing was to request aid from the City of Englewood. Mr. Schank stated Englewood contributed $750 twice in the past. Council Member Higday advised Mr. Schank to submit this request in the form of a letter detailing what Englewood has contributed in the past. Council Member Fitzpatrick suggested the matter be post- poned for discussion at the study session on March 10, 1980. Coun-cil agreed. Council Members Neal and Higday also requested a list of the Englewood recipients under the program. Mr. Schank stated he would provide a letter of request and the list of recipients. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO PASS A PROCLAMATION DE- CLARING THE WEEK OF MARCH 16 -22, 1980, AS "DEMOLAY WEEK" IN THE CITY OF ENGLEWOOD. 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 • • I • - • • • March 3, 1980 Page 3 • • • Mayor Otis presented the proclamation to Matt Buechner and Herschel Smith who in turn introduced other DeMolay members that were present. Mr. Buechner thanked the Mayor and Council for the proclamation. * * * * * * COUNCIL MEMBER NEAL MOVED TO PASS THE PROCLAMATION DE- CLARING MARCH 13, 1980, AS "FOUNDERS DAY" FOR SWEDISH MEDICAL CEN- TER. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis presented the proclamation to Clifford Johnson, Director of Fiscal Affairs for Swedish Medical Center. Mr. Johnson expressed his appreciation. * * * * * * Mayor Otis asked if there were any other visitors wish- ing to be heard at this time. Vera Haney, 4799 South Sherman, appeared before Council and requested clarification on why she was assessed more money than her neighbor for repairs under the Paving District No. 25 project. Mrs. Haney stated she had received a letter from Gary Diede, Director of Engineering Services, which did not answer her question satisfactorily. Mrs. Haney recited a section of the letter in which Mr. Diede stated she was given less credit than her neighbor for a portion of sidewalk because he had more square footage that was good than she had. Mrs. Haney stated she did not understand this because the same square footage was replaced for both. City Manager Mccown stated each property owner was given credit for that portion of sidewalk which was good and since her neighbor had a larger portion, the neighbor was given more credit towards the assessment. Hrs. Haney stated she still did not understand • • I - - • • • March 3, 1980 Page 4 • • • ... Council Member Higday stated Mrs. Haney lived in his Council District and he would meet with Mrs. Haney for the pur- pose of looking at the repairs and further explaining the assess-ment. * * * * * * Eugene Norman, 3851 South Logan, appeared before Council and discussed problems he had encountered with dogs barking in his neighborhood and biting him. Mr. Norman stated he had answers to rid the dog problem as well as other problems on a national and local level. Mr. Norman submitted information pertaining to pro- blems that he had predicted to happen and resolutions of same. Assistant City Manager Curnes left the meeting to make copies of Mr. Norman's information. were: * * * * * * "Co11111Unications -No Action Recommended" on the agenda (a) (b) (c) (d) (e) (f) (g) (h) Minutes of the Board of Adjustment and Ap- peals meeting of January 9, 1980. Minutes of the Board of Career Service Com- missioners meeting of January 10, 1980. Minutes of the Denver Regional Council of Governments meeting of January 16, 1980. Minutes of the Housing Authority meeting of January 23, 1980. Minutes of the Public Library Board meeting of February 5, 1980. Minutes of the Planning and Zoning Commission meeting of February 5, 1980 • Minutes of the Englewood Downtown Development Authority meeting of February 13, 1980. Memorandum from the Fire Chief to the City Manager concerning an out-of-state program for Battalion Chief Ward, Captains Johnson and Groditski. COUNCIL MEMBER NEAL MOVED TO RECEIVE "CO~ICATIONS NO ACTION -RECOMMENDED". Council Member Bilo seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: • I • • - - ( • March 3, 1980 Page 5 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 CoDl!lis- sion meeting of January 28, 1980, with Resolution fl recoD111ending • establishment of a citizen CODlllittee to review the election and recall process of the City of Englewood. • COUNCIL MEMBER NEAL MOVED TO ACCEPT RESOLUTION fl FROM THE ELECTION COMMISSION. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: None. Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. The Mayor declared the motion defeated. COUNCIL MEMBER BRADSHAW MOVED TO RECOMMEND TO THE ELEC- TION CO~SSION TO HOLD PUBLIC HEARINGS TO RECEIVE CITIZEN INPUT ON THE ELECTION PROCESS AND PROCEDURES AND RiPORT BACK TO COUNCIL THEIR FINDINGS. Council Member Higday seconded the motion. Council Member Keena stated with proper notice in the paper the CoDl!lission should receive a great deal of input from the citizenry. Council Member Neal stated he felt the process was a function conducted under laws interpreted by the CoD111isaion and should be evaluated as well by the CoDl!lission , not a citizens CODl!littee. Upon 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 • - • • • March 3, 1980 Page 6 • • • City Manager Mccown noted the next agenda items 6b - 6d would be presented by Mr. Curnes who had not yet returned to the meeting. COUNCIL MEMBER KEENA MOVED TO DELAY THE AGENDA ITEMS UNTIL AFTER THE RESOLUTIONS UNDER CITY ATTORNEY'S SECTION. Coun- cil Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 6 SERIES OF 1980 A RESOLUTION APPROVING THE APPLICATION OF FRANZ HUMMEL DELI- CATESSEN, INC. FOR A BEER AND WINE LICENSE WITHIN THE CITY OF EHGLEWOD, COLORADO. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 6, SERIES OF 1980. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a resolution relating to the creation of Paving District No. 27. Mr. Berardini noted the following corrections to the resolution: 1. 2. On page 7, subparagraph (f), the following should be inserted after the word "installments" on the fourth line from the end of the subparagraph - "shall be due and payable on the same date each year". On page 8, paragraph 9, the following phrase was repeated toward the end of the sentence -", the intention being that the various provisions hereof" • • I • ....... ( ( • • ( • March 3, 1980 Page 7 RESOLUTION NO. 7, SERIES OF 1980 • • • A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF ENGLEWOOD, COLORADO, TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN THE CITY TO BE DESIGNATED AS PAVING DISTRICT NO. 27, ADOPTING DETAILS AND SPECIFICATIONS FOR THE PROPOSED DISTRICT, AND ORDER- ING PUBLICATION AND HAILING OF NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN SAID DISTRICT. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 7, SERIES OF 1980, WITH THE CHANGES AS STATED BY THE CITY ATTORNEY. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER FITZPATRICK MOVED TO SET THE PUBLIC HEARING FOR MARCH 31, 1980, AT 7:30 P.M. ON THE PROPOSED PAV- ING DISTRICT. 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. * * * * * * Assistant City Manager Curnes returned to the meeting and presented a reco11111endation from the Water and Sewer Board meeting of February 26, 1980, concerning annexation to Valley Sanitation District Supplement #12. Mr. Curnes stated Supple- ment #12 was an area located on the south side of Union Avenue and west of the South Platte River. It contained approximately 13.22 acres and would be the new location for Colorado Disposal. Mr. Curnes pointed out the location on a map. Mr. Curnes stated the location was in the City of Englewood and the sewer tap would be under the City's allocation. The Water and Sewer Board recom- mended approval. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE ANNEXA- TION OF SUPPLEMENT #12 TO THE VALLEY SANITATION DISTRICT WHICH • • I . - - • • • March 3, 1980 Page 8 • • • IS LOCATED IN THE CITY OF ENGLEWOOD AND THAT THE SEWER TAP BE COUNTED FROM THE CITY'S ALLOCATION. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Assistant City Manager Curnes presented a reconmendation from the Water and Sewer Board meeting of February 26, 1980, con- cerning annexation of Supplement #72 to the Southgate Sanitation District. Hr. Curnes stated the area which he pointed out on a map was located south of East Dry Creek and west of South Holly Street. It contained 74 acres and the developer planned to build 201 single faily homes and one school. The area was being with- drawn from the South Arapahoe Sanitation District as the sewer will not flow properly into South Arapahoe's system. The Board reconmended approval under the tap allocation program. COUNCIL MEMBER KEENA MOVED TO APPROVE SUPPLEMENT #72 TO THE SOUTHGATE SANITATION DISTRICT UNDER THE TAP ALLOCATION PROGRAM. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bi lo, Bradshaw, Otis. Nays : None. The Mayor declared the motion carried. * * * * * * Hr. Curnes presented a reconmendation from the Water and Sewer Board meeting of February 26, 1980, concerning an In- dividual Water Tap-On Agreement for Colorado Disposal with Valley Water and City of Englewood. Hr. Curnes stated the area was lo- cated on the south side of Union Avenue and west of the South Platte River. It contained approximately 13.22 acres and would be the new location for Colorado Disposal. The area was located in Englewood and would be under the City's system when the new Valley Water Contract was finalized. COUNCIL MEMBER KEENA MOVED TO APPROVE THE INDIVIDUAL WATER TAP-ON AGREEMENT FOR COLORADO DISPOSAL WITH VALLEY WATER • I • - - ( • • ( • March 3, 1980 Page 9 • • • AND THE CITY OF ENGLEWOOD UPON APPROVAL OF THE AGREEMENT BY THE CITY ATTORNEY. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown requested approval for an out-of- state trip for Packy Romans, Director of Parks and Recreation to attend a conference for the Midwest Region National Recrea- tion and Parks Association. Mr. Romans had been appointed as the Colorado representative to the Midwest Region National Re- creation and Parks Association. The Association's conference this year was being held in Lincoln, Nebraska, April 13 -15, 1980. COUNCIL MEMBER FITZPATRICK K>VED TO APPROVE THE TRIP TO LINCOLN, NEBRASKA, FOR MR. ROMANS. Council Member Keena sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown noted a quorum would not be present at the Council meeting on March 17, 1980. COUNCIL MEMBER HIGDAY MOVED TO MEETING ON MARCH 24, 1980, AT 7:30 P.M. seconded the motion. Upon a call of the as follows: SET A SPECIAL COUNCIL Council Member Bradshaw roll, the vote resulted Ayes : Nays: • Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. • - I • • - - • • • • • • March 3, 1980 Page 10 The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. 8:35 p.m. Mayor Otis adjourned the meeting without a vote at • • . " • I . - - ( • • • REGULAR MEETING: • • .. • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO March 3, 1980 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on March 3, 1980, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Jim Smith, Associ- ate Pastor, First Baptist Church, 3170 South Broadway. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were:City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER NEAL MOVED TO APPROVE THE MINTUES OF THE REGULAR MEETING OF FEBRUARY 19, 1980. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF FEBRUARY 25, 1980. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: • • I • - - • • • March 3, 1980 Page 2 Ayes : Nays : • • • Council Member Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Bill Snyer, TOWN OF LITTLETON CARES, was not present. Mr. Dean Schank appeared on Mr. Snyer's behalf. Mr. Schank stated TOWN OF LITTLETON CARES supports the Meals-On Wheels program which provides hot meals to old and dis- abled people in the area so they can stay in their homes as long as possible. Mr. Schank exhibited a map which pinpointed the homes which were served. Mr. Schank stated the program is work- ed by volunteers. Mr. Schank stated the organization was asking for fi- nancial contributions from various entities and his purpose for appearing was to request aid from the City of Englewood. Mr. Schank stated Englewood contributed $750 twice in the past. Council Member Higday advised Mr. Schank to submit this request in the form of a letter detailing what Englewood has contributed in the past. Council Member Fitzpatrick suggested the matter be post- poned for discussion at the study session on March 10, 1980. Coun- cil agreed. Council Members Neal and Higday also requested a list of the Englewood recipients under the program. Mr. Schank stated he would provide a letter of request and the list of recipients • * * * * * * COUNCIL MEMBER HIGDAY MOVED TO PASS A PROCLAMATION DE- CLARING THE WEEK OF MARCH 16 -22, 1980, AS "DEMOLAY WEEK" IN THE CITY OF ENGLEWOOD. 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 • • • I • - ( • • ( • March 3, 1980 Page 3 • • • Mayor Otis presented the proclamation to Matt Buechner and Herschel Smith who in turn introduced other DeMolay members that were present. Mr. Buechner thanked the Mayor and Council for the proclamation. * * * * * * COUNCIL MEMBER NEAL MOVED TO PASS THE PROCLAMATION DE- CLARING MARCH 13, 1980, AS "FOUNDERS DAY" FOR SWEDISH MEDICAL CEN- TER. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis presented the proclamation to Clifford Johnson, Director of Fiscal Affairs for Swedish Medical Center. Mr. Johnson expressed his appreciation. * * * * * * Mayor Otis asked if there were any other visitors wish-ing to be heard at this time. Vera Haney, 4799 South Sherman, appeared before Council and requested clarification on why she was assessed more money than her neighbor for repairs under the Paving District No. 25 project. Mrs. Haney stated she had received a letter from Gary Diede, Director of Engineering Services, which did not answer her question satisfactorily. Mrs. Haney recited a section of the letter in which Mr. Diede stated she was given less credit than her neighbor for a portion of sidewalk because he had more square footage that was good than she had. Mrs. Haney stated she did not understand this because the same square footage was replaced for both. City Manager Mccown stated each property owner was given credit for that portion of sidewalk which was good and since her neighbor had a larger portion, the neighbor was given more credit towards the assessment. Mrs. Haney stated she still did not understand • • I • - - • • • March 3, 1980 Page 4 • • • Council Member Higday stated Mrs. Haney lived in his Council District and he would meet with Mrs. Haney for the pur- pose of looking at the repairs and further explaining the assess-ment. * * * * * * Eugene Norman, 3851 South Logan, appeared before Council and discussed problems he had encountered with dogs barking in his neighborhood and biting him. Mr. Norman stated he had answers to rid the dog problem as well as other problems on a national and local level. Mr. Norman submitted information pertaining to pro- blems that he had predicted to happen and resolutions of same. Assistant City Manager Curnes left the meeting to make copies of Mr. Norman's information. were: * * * * * * "CoD111Unications -No Action Recommended" on the agenda (a) (b) (c) (d) (e) (f) (g) (h) Minutes of the Board of Adjustment and Ap- peals meeting of January 9, 1980. Minutes of the Board of Career Service Com- missioners meeting of January 10, 1980. Minutes of the Denver Regional Council of Governments meeting of January 16, 1980. Minutes of the Housing Authority meeting of January 23, 1980. Minutes of the Public Library Board meeting of February 5, 1980. Minutes of the Planning and Zoning Commission meeting of February 5, 1980. Minutes of the Englewood Downtown Development Authority meeting of February 13, 1980. Memorandum from the Fire Chief to the City Manager concerning an out-of-state program for Battalion Chief Ward, Captains Johnson and Groditski. COUNCIL MEMBER NEAL MOVED TO RECEIVE "COMHUNICATIONS- NO ACTION -RECOMMENDED". Council Member Bilo seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: • • I • - - J ( ( • • c • March 3, 1980 Page 5 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 Cot1111is- sion meeting of January 28, 1980, with Resolution #1 reco11111ending establishment of a citizen committee to review the election and recall process of the City of Englewood. COUNCIL MEMBER NEAL MOVED TO ACCEPT RESOLUTION #1 FROM THE ELECTION COMMISSION. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: None. Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. The Mayor declared the motion defeated. COUNCIL MEMBER BRADSHAW MOVED TO RECOMMEND TO THE ELEC- TION COMMISSION TO HOLD PUBLIC HEARINGS TO RECEIVE CITIZEN INPUT ON THE ELECTION PROCESS AND PROCEDURES AND REPORT BACK TO COUNCIL THEIR FINDINGS. Council Member Higday seconded the motion. Council Member Keena stated with proper notice in the paper the Co11111ission should receive a great deal of input from the citizenry. Council Member Neal stated he felt the process was a function conducted under laws interpreted by the Coumission and should be evaluated as well by the Commission, not a citizens coumittee • Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 11'1 e Mayor declared the motion carried. * * * * * * • I I • • - • March 3, 1980 Page 6 • • • City Manager Mccown noted the next agenda items 6b - 6d would be presented by Mr. Curnes who had not yet returned to the meeting. COUNCIL MEMBER KEENA MOVED TO DELAY THE AGENDA ITEMS UNTIL AFTER THE RESOLUTIONS UNDER CITY ATTORNEY'S SECTION. Coun- cil Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 6 SERIES OF 1980 A RESOLUTION APPROVING THE APPLICATION OF FRANZ HUMMEL DELI- CATESSEN, INC. FOR A BEER AND WINE LICENSE WITHIN THE CITY OF EHGLE\«>OD, COLORADO. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 6, SERIES OF 1980. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a resolution relating to the creation of Paving District No. 27. Hr. Berardini noted the following corrections to the resolution: l. 2. On page 7, subparagraph (f), the following should be inserted after the word "installments" on the fourth line from the end of the subparagraph - "shall be due and payable on the same date each year". On page 8, paragraph 9, the following phrase was repeated toward the end of the sentence -", the intention being that the various provisions hereof" • • I I • - • • ( • March 3, 1980 Page 7 RESOLUTION NO. 7, SERIES OF 1980 • • • A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF ENGLEWOOD, COLORADO, TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN THE CITY TO BE DESIGNATED AS PAVING DISTRICT NO. 27, ADOPTING DETAILS AND SPECIFICATIONS FOR THE PROPOSED DISTRICT, AND ORDER- ING PUBLICATION AND MAILING OF NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN SAID DISTRICT. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 7, SERIES OF 1980, WITH THE CHANGES AS STATED BY THE CITY ATTORNEY. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER FITZPATRICK MOVED TO SET THE PUBLIC HEARING FOR MARCH 31, 1980, AT 7:30 P.M. ON THE PROPOSED PAV- ING DISTRICT. 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. * * * * * * Assistant City Manager Curnes returned to the meeting and presented a recommendation from the Water and Sewer Board meeting of February 26, 1980, concerning annexation to Valley Sanitation District Supplement #12. Mr. Curnes stated Supple- ment #12 was an area located on the south side of Union Avenue and west of the South Platte River. It contained approximately 1.3 .22 acres and would be the new location for Colorado Disposal. Mr. Curnes pointed out the location on a map. Mr. Curnes stated the location was in the City of Englewood and the sewer tap would be under the City's allocation. The Water and Sewer Board recom-mended approval. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE ANNEXA- TION OF SUPPLEMENT #12 TO THE VALLEY SANITATION DISTRICT WHICH • I • - • March 3, 1980 Page 8 • • • --~---~ IS LOCATED IN THE CITY OF ENGLEWOOD AND THAT THE SEWER TAP BE COUNTED FROM THE CITY'S ALLOCATION. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Assistant City Manager Curnes presented a recommendation from the Water and Sewer Board meeting of February 26, 1980, con- cerning annexation of Supplement #72 to the Southgate Sanitation District. Mr. Curnes stated the area which he pointed out on a map was located south of East Dry Creek and west of South Holly Street. It contained 74 acres and the developer planned to build 201 single faily homes and one school. The area was being with-t drawn from the South Arapahoe Sanitation District as the sewer will not flow properly into South Arapahoe's system. The Board recomnended approval under the tap allocation program. COUNCIL MEMBER KEENA MOVED TO APPROVE SUPPLEMENT #72 TO THE SOUTHGATE SANITATION DISTRICT UNDER THE TAP ALLOCATION PROGRAM. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mr. Curnes presented a recommendation from the Water and Sewer Board meeting of February 26, 1980, concerning an In- dividual Water Tap-On Agreement for Colorado Disposal with Valley Water and City of Englewood. Mr. Curnes stated the area was lo- cated on the south side of Union Avenue and west of the South Platte River. It contained approximately 13.22 acres and would be the new location for Colorado Disposal. The area was located in Englewood and would be under the City's system when the new Valley Water Contract was finalized. COUNCIL MEMBER KEENA MOVED TO APPROVE THE INDIVIDUAL WATER TAP-ON AGREEMENT FOR COLORADO DISPOSAL WITH VALLEY WATER • I • - - ( • • ( • March 3, 1980 Page 9 • • • AND THE CITY OF ENGLEWOOD UPON APPROVAL OF THE AGREEMENT BY THE CITY ATTORNEY. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown requested approval for an out-of- state trip for Packy Romans, Director of Parks and Recreation to attend a conference for the Midwest Region National Recrea- tion and Parks Association. Mr. Romans had been appointed as the Colorado representative to the Midwest Region National Re- creation and Parks Association. The Association's conference this year was being held in Lincoln, Nebraska, April 13 -15, 1980. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE TRIP TO LINCOLN, NEBRASKA, FOR MR. ROMANS. Council Member Keena sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown noted a quorum would not be present at the Council meeting on March 17, 1980 • COUNCIL MEMBER HIGDAY MOVED TO MEETING ON MARCH 24, 1980, AT 7:30 P.M. seconded the motion. Upon a call of the as follows: SET A SPECIAL COUNCIL Council Member Bradshaw roll, the vote resulted Ayes : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. • • I • - - • • • • • • March 3 , 1980 Page 10 The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. 8:35 p.m • Mayor Otis adjourned the meeting without a vote at • I . • - - • • • • • ROL L CAL L Moved s ec onded Hi11:dav Neal F itz nat ric k Keena Rilo Brad shaw ' Oti s cJ1 ,Q,t ~J--.. 7}/c, <'!Alf/V {!a ll 'Ylia ~~iU • Aye Nav Absent Abstain I . • • -• • ___ ;:,. ROLL CAL L Move d Secondec Ay e Nay Absent Abstain Higdav v Neal ,___ Fitzpatrick L.- Keena ~ R11Q , ___ Brads h aw L-- Otis ~ • • I . • • • -• · . • - ROLL CALL M ove u s d d ec on e A •Ye N ay Ab aen .. Ab t 1 s a n Hil<":day ' J _,,,-Neal \ Fitzpatrick J Keena , v Bilo Bradshaw Otis • I • • • • • - • • - -· .. __ _ -·-----~. -~ ---= ROLL CALL Move d Seconded Hi da Na Absent Abstain ~ Neal Fitz a t rick Keena 0 Bradshaw Otis lb • I • • • • - • • ~--=--------;:: ROLL CA LL Mov ed Seconded A e Na Absent Abstain Hi da Neal Fit z a t rick Keena 0 Bradshaw Otis • • I . • • ' I • -- • .. • - ROL L CALL Mov d " e .:.ec onaed Aye Hi <-ria.v Nay Absent Abstain Ne a l ,. Fitzoat r1ck Ke e na ,f;-!Hlo Bradshaw Ot is - • • I . • • • - • • - ROLL CALL M tl ove Se conded L---rlic-nav Ave Nav Absent Abstain ' Hear } F itzna t rick / Keena Bi lo v---Bradshaw Otis I • • • I . . • ~.·In • - • • - ROLL CALL M d S ove ec on a ed Aye Nay Absent Abstain (/" Hi1l:day "' y Neal I Fit zpatrick I Keena I Rilo \ Bradshaw I Otis I • • • I . • • • - • .. • - ----- --=----=-~---·,~ --= ROL L CALL Moved Second e d 1 .tH.,.n a y Aye Nav Absent Abstain Ne a l Fitznat rick Keena R11o Bradshaw Otis • • I . - - M ovet! Secondtd • • • • • r. • ROLL CALL Ave Nay Hi11:dav Neal Fitznatrick Keena Bi lo Bradshaw Otis • Absent -----._,_. . -- Abstain I . • - • • - ----~-. ~...........---.........~~----------~~~ . ------------ ROLL CALL M cl ove SecondLd Hil"'da:v A:ve Na:v Ab sent Abstain l~eal Fitznat rick Keena Rilo Bradshaw Otis I . • • • • • - -· • ROLL CALL M d S ove d J econ e A <ye N ay A baent A bsta n 1 Hir-rtay \ v Neal I Fitzoa trick j Keena , v Hilo I 111111" Bradshaw Otis • • I . • • - • • --_,,.._-. ROL L CALL Mov ed Seconded Ave Nay Ab sent Abstain Higdav Neal Fitzoatric k Keena Bi lo Brad shaw Otis • • I . • • • - • • - -- ROLL CA LL Move d Sec on ' d u e Ave Hi i;:dav Nav Absent Abstain v ' Neal J Fitzpat rick / Keena l t --Bil" l Brad shaw I Oti s \ I • • I . • • • - • • - .. ROLL CALL Moved Se conut:: A e Na Absent Abstain r 1:;-t s ~ vv~ ,A ;1~ /Y) ~ if uuuLu/Uo '13:.k-~~I. ah-4. 1 ~?~/~~ ----- ---------~ /ti,u_,v ~ r ~-::c:: e;ua..1.. -re µ -')'\~ c v . ~ • I . • • • •• • - • • - ) ROL L CALL Moved Seconuea Aye Nay Absent Abstain Hi~da;, ' fie al / f'itzoatr1ck ' Keena , Bi lo \ Bradshaw Oti s , • I • • • • - • • - -- ROLL CA LL Move cl SeCi.>OUl:d Aye Nay Absent Abstain Hir,aa_.l' ....... !foal I Pitzpatric k / J/ Keena j B11o Bradshaw I Oti s ' ., "-t b /lfUV"--'t dL1J--~ {)_~ Lf ~--1~ • • I . • • • - • ,. I • - RO LL CA LL Moved Seconded Aye Nav Absent Abstain v Hi.,-nav ' Neal / y--Fitzoat ri c k Kee n a Silo Brad shaw Oti s 7,(L . • • I . • • • - • • - ROL L CALL M cl S d d ove ec on e 1ye ay sen s a n Hif':da.v A N Ab t Ab t 1 Neal 1''Hzpatrick Keena Bi lo Bradshaw Otis 7b • • I . • • • • - • • - ROL L CALL Moved Seconded Aye Nay Absent Abstain -Higday ........ Heal I L---Fitzoat ric k / Keena I Bi lo \ Bradshaw ' Otis , • • I • • i, • - - • • • • • RO LL CALL Moved Sec onded Na Absent ,;<UJ O' .Ji j-'n 3 -~I aL 7. Jo (/"'? f1 0 _. Abstain I . • - - re b • • • • • • ROLL CALL Moved Seconded Ave Nay Absent Abstain Higday Neal Fitzoat rick Keena Bi lo Bradshaw Otis ~~~ '/~1.L,, k /c.JfLJ._;{14Y) ~ ~~ ~1~0 1 .~ /fl-Utl pu ~tt:lut}J ~~ uJ/~n fe')~ ~~Uri~~ ~' ~ ~1 • I . . • - • • - ROLL CALL Moved Seconded Ave Nav Absent Abstain Higday ' I./ Ne al 7 v-Fitzoat rick / Keena I Ri]O \ Bradshaw " Otis • • I . • • • - • . L • - ROL L CALL Moved S o d d ec n e Ave Nav Absent Abstain Hi gday ' Neal I ~ Fitzoatrick I .. Keena I Bi1o ' Bradshaw \ Otis I • I • • • - •• • - ·. RO LL CAL L Move d Se conded Hi g dav Ave Nav Absent Abstain ........,_ Neal I J/' Fi t zoa t rick / Kee n a / Ri l o I v Bradshaw \ Oti s '\ • I . . • • • - • • - RO LL CAL L Absent Abstain ';j / ~ r ~~71 --!.__-~~--'-.::S.:::=r==t====t====:j 8a . ~~~ 'f~LtJ~ ~ ~ 7 'fJo~ Cl o~a k n i '))~ ~ t8-1y.~~ ~/)~~ .,L'LI ~~"'~ cl/_ I 3 I I (/, I 5 - I . . • • • - • • - ROL L CALL M oved Sec on ded Aye Nay ,,_ Absent Abstain Hig day ,, Ne al I r'itzpat rick / Keena I Ai lo I v-Bradshaw \ Otis } • • I . • • l j • • - • • HOLL CA LL Mo veil Seconded Ave Nav Absent Abstain HiP:dav Neal Pitzoatricl< Keena Bile Bradshaw Otis • • I • • - • • • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MARCH 3, 1980 7 :30 P.M. Call to order, invocation by Reverend Jim Smith, Associate Pastor, First Baptist Church, 3170 South Broadway, pledge of allegiance by Boy Scout Troop #154, and roll call . 1. 2. 3. 4 . Minutes . (a) Minutes of the regular meeting of February 19, 1980 . (Copies enclosed.) (b) Minutes of the special meeting of February 25, 1980 . (Copies enclosed.) Pre-Scheduled Visitors. ~~~ ~raaideRt, and Mr . Irv Johnson, Secretary/Treasurer of TOWN OF LITTLETON CARES - Meals-On-Wheels, will be present to discuss funding part of the expenses of this program for Englewood residents. Mr. Matt Buechner and Mr. Herschel Smith will be present to request a proclamation proclaiming the week of March 16 through March 22, 1980 as DeMola y Week . (Copies enclo se d .) Mr. Cli f ford Johnson, Director of Fiscal Affairs for Swedish Medical Center, will be present to request a proclamation proclaiming March 13, 1980 as Founders Day . (Copies enclosed .) Other Visitors .-'t./U tt-~, -'/7CJq ~ -./lu11..t,"rl.<l_,x_, -'t..urru.. ~')tan, 38'5 I A x~.,,_,'YL Public Hearing. • I . - (' • • • • • • Page 2 March 3, 1980 Agenda 5. Communications -No Action Recommended. (a) Minutes of the Board of Adjustment and Appeals meeting of January 9, 1980. (Copies enclosed.) (b) Minutes of the Board of Career Service Conmission- ers meeting of January 10, 1980. (Copies enclosed.) (c) Minutes of the Denver Regional Council of Govern- ments meeting of January 16, 1980. (Copies enclosed .) (d) Minutes of the Housing Authority meeting of January 23, 1980. (Copies enclosed.) (e) Minutes of the Public Library Board meeting of February 5, 1980. (Copies enclosed.) (f) Minutes of the Planning and Zoning Commission meeting of February 5, 1980. (Copies enclosed.) (g) Minutes of the Englewood Downtown Development Authority meeting of February 13, 1980. (Copies enclosed.) (h) Memorandum from the Fire Chief to the City Manager concerning an out-of-state program for Battalion Chief Ward, Captains Johnson and Groditski. (Copies enclosed.) 6. Communications -Action Recommended. (c) Minutes of the Election Commission meeting of January 28, 1980 with Resolution #1 reco11111ending establishment of a Citizen Committee to review the election and recall process of the City of Englewood, Colorado. (Copies enclosed.) Council Communication from the Water and Sewer Board meeting of February 26, 1980 concerning annexation to Valley Sanitation District Supple- ment #12 . (Copies enclosed.) Council Communication from the Water and Sewer Board meeting of February 26, 1980 concerning annexation to Southgate Sanitation District Su~plement #72. (Copies enclosed .) • I • - • • • • • • Page 3 March 3, 1980 Agenda 6. Communications -Action Recommended (Continued). (d) Council Communication from the Water and Sewer Board meeting of February 26, 1980 concerning Individual Water Tap-On Agreement for Colorado Disposal with Valley Water and City of Engle- wood . (Copies enclosed.) 7 . City Attorney. 8. 9 . Resolutions. (a) Resolution approving the application of Franz Hummel Delicatessen, Inc. for a Beer and Wine License within the City of Englewood, Colorado. (Copies enclosed.) (b) Resolution declaring the intention of the City Council of Englewood, Colorado to create a special improvement district in the City to be designated as Paving District No. 27, adopting details and specifications for the proposed District, and ordering and publica- tion of notice of hearing to the owners of the property to be assessed for improvements in said District. (Copiesencleeed.) Other Matters. (c) Attorney's Choice. City Manager. (a) General Discussion . (a) Mayor's Choice . {b) Council Member's Choice. 10. Adjournment . ()414j~r>~ AN~~C COWN City Manager • - I /. I • • (' • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO February 19, 1980 1 A 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 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 3 • • • The Mayor declared the motion carried. COUNCIL MEMBER KEENA MOVED TO SET A RADIUS OF ONE HILE 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 • - • • • • CORRECTION THE PRECEDING DOCUMENT OR BLANK FRAME HAS BEEN REMICROFl!J'AE!J TO ASSURE LEG/E/LJIY AND ITS !MA GE APPEARS IMMED/A TE. Y HEREAFTER. • I . - r • • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD , COLORADO February 19 , 1980 1 A 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 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 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: Upon a call of the roll, the vote resulted Ayes: Nays: 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 COlllllendation 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. 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 7:30 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. Non "°. 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 TH E PRO CLAMATION DECLARING FEBRUARY 25 -MARCH 1, 1980, AS OKLAHOMA WEEK FOR ENGL E- 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 Lober, a student at Englewood High School. Hr. Lober thanked Council for this recognition. were: Page 1 Page 6 * * * * * * There were no other visitors to be heard at this time. * * * * * * "Co11111Unications -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 Co11111ission meeting of January 8, 1980. Municipal Court Activity Report for the month of January, 1980. Financial Report through December, 1979 • General Sales & Use Tax Last Year To Date $6,184,389 City Manager Mccown noted the following changes to (d): Last Yr 7. 110% Occupational/Franch. Tax Last Year To Date $ 525 ,693 Last Yr. 7. 111% 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 S 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 TIONS -NO ACTION RECOMMENDED" WITH THE AMENDMENTS OM (D). Council Member Bilo seconded the motion. of the roll, the vote resulted as follows: "COMMUNICA- AS CHANGED Upon a call 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 Connis- sion meeting of January 28, 1980 with a Resolution concerning the selection of a connittee 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 con111ittee to review election procedures since the proce- dures themselves were fairly specific and the Election Comnis- sion' s responsibility was to assure the procedures were perform- ed. Mr. Neal stated he did not understand what the connittee would be expected to do differently than what the CoDIDission did itself. COUNCIL MEMBER NEAL MOVED TO TABLE THE MATTER. Coun- cil Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • Council instructed City Manager Mccown to place the Elec- tion Connission's resolution on the study session agenda for Febru- ary 25, 1980, and to have Mr. Higbee and another Election CoDlllis- sion member present to be prepared to discuss the reconnendation. * * * * * * • 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 CENTENNIAL 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: 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 MOVED TO DELETE FROM THE RESOLUTION SECTION 2 FOR THE 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 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 AN9-GRgiNiib~T-QPiNGPAGi-ANg-PARK-PURPOGiG • • 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 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. 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 CoD1DUnication 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 compliance with the City's Zoning Ordinance. COUNCIL MEMBER HIGDAY MOVED 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 CotmDUnica .tion concerning the award of bid for Union Avenue Raw Water Line Re- placement Project. Mr. Mccown stated the low bidder was H. W. Siddle, Inc. with a bid of $40,060. Staff was reconmending acceptance of this bid with a contingency of $3,000. COUNCIL MEMBER BILO K>VED TO AWARD THE BID FOR THE 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 MOVED 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 BEHIND 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 MOVED TO ADJOURN THE MEETING. Council Member Neal seconded the motion. a vote • Mayor Otis adjourned the meeting at 9 :00 p.m. without I • • ~·Jn - • • • SPECIAL MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO February 25, 1980 /f:, The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on February 25, 1980, at 7 :35 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Mayor Otis. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Keena, Bradshaw, Otis. Absent: Council Members Fitzpatrick, Bilo. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes Assistant City Attorney DeWitt Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Johannisson Deputy City Clerk Watkins * * * * * * Mayor Otis stated the purpose of the meeting was to hold a public hearing for the consideration of a beer and wine license for Franz Hummel's Delicatessen, Cinderella City. * * * * * * COUNCIL MEMBER NEAL l«>VED TO OPEN THE PUBLIC HEARING FOR THE APPLICATION FOR A LIQUOR LICENSE. Council Member Bradshaw seconded the motion. Upon a call· of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Keena, Bradshaw, Otis. None. • I • - • • v • • • • February 25, 1980 Page 2 Absent: Council Members Fitzpatrick, Bilo. The Mayor declared the motion carried. Council Members Fitzpatrick and Bilo entered the meet-ing at 7:40 p.m. Deputy City Clerk Johannisson presented testimony re- garding the application for Franz Hummel's Delicatessen, Inc., 701 West Hampden Avenue, Cinderella City. Hr. Johannisson sub- mitted the following as City Exhibit 1 : 1. Application State of Colorado Form DLR404 2. Notice of public hearing 3. Letter dated February 15, 1980 to the appli- cant 4. Personal History of applicant including the police investigation report 5. Letters of reference for the officers of the corporation 6. Corporate documents 7. 8. 9. 10. -Certificate of Incorporation -Articles of Incorporation -Minutes of the corporate meeting electing the corporate officers -Sample stock certificate Documents relating to the corporation's right to the property -lease from Cinderella City Building layout plan Letter from the Coumunity Development Department indicating that the use for which the applicant's wants is permitted by zoning codes Map indicating the two mile radius which was de- signated by Council as the petitioning neighbor- hood; the location of Hr. Hwmnel's Deli and other locations that have beer and wine licenses. Hr . Johannisson noted there was one other license in the neighborhood -the Englewood Golf Course. • I • - • • • February 25, 1980 Page 3 • • • Mr. Johannisson stated the City employed Oedipus, Inc. to petition the neighborhood. He submitted the petitions cir- culated by Oedipus as City Exhibit 2a -2 f; and the tabulated report as City Exhibit 3. Mr. Max Scott, Oedipus, Inc. 1200 Pearl, Boulder, appeared before Council and offered testimony regarding his report and petitioning procedures. Mr. Scott stated 879 con- tacts were made from which 401 qualified to participate in the survey. Of the qualified contacts, 169 signed in favor and 93 signed against. The percentage i .n the final analysis resulted in 64~ indicating that needs and desires were not being met and 36~ indicating that needs and desires were being met. Mr. Scott was cross-examined by Mr. John Criswell, attorney for Mr. HUDlllel. In response to Mr. Criswell's ques- tions, Mr. Scott stated the survey results were a good represen- tative sampling and regardless whether the contacts were more the percentage results would probably be the same. There were no further questions to ask of Mr. Scott. Mayor Otis asked for the applicant's presentation. Mr. John Criswell, 3780 South Broadway, appeared be- fore Council on behalf of Mr. Hummel. Mr. Criswell called his first witness, Mr. James Artzberger. James Artzberger, 6552 South Vance, unincorporated Jefferson County, general manager of Cinderella City, appeared before Council. Under direct questioning from Mr. Criswell, Mr. Artzberger gave testimony in regard to his business back- ground and experience, and the general activity of Cinderella City as a retail facility. Mr. Artzberger stated one restaurant at the center currently had a liquor license -Field, Inc. Mr. Artzberger stated the management considered Mr. Hummel's restaurant to be a prime outlet where beer and wine would be appropriate alcoholic beverages to sell. Council Member Keena noted the lease agreement between Capital Alliance Company and Mr. HWllDel contained a clause where- in the lessee would agree not to oppose the granting to any other tenant of the shopping center the right to sell beer, wine or liq- uor in the premises to be occupied by such other tenant. Ms. Keena asked Mr. Artzberger if such clause was normal in other national shopping centers. • • I • - • • February 25, 1980 Page 4 • • • Mr. Artzberger stated it was a normal agreement of shopping centers to have certain restrictions. It was the cen- ter's position during the recent past to discuss with prospec-· tive tenants any restrictions the center may have in connection with other leases that may be outstanding. Council Member Keena asked if the same clause was in other existing leases. Hr. Artzberger stated he was not certain; however, some leases had restrictions in them of one kind or another. Council Member Keena stated she was concerned about a person's right to come to Council and testify against a liquor license; and if there were restrictions in other leases that would prevent any other tenants from coming before Council and testifying. Hr~ Artzberger stated he was not aware of any such restrictions. Council Member Keena asked whether or not such situa- tion would pose legal problems. Assistant City Attorney DeWitt stated such a problem would not be binding upon the City. He was uncertain as to the effect on Mr. Hwmnel because the reasonable requirements of neighborhood and desires of the inhabitants was the goal and should Hr. HUDIDel have relevant information he would be press- ed between the contract and his right to come forward and speak to Council. Therefore, it would be more of a burden on him that apparently he was chosen to waive, as well as any other tenant who has signed a similar contract. Mayor Otis asked if there were any questions to ask of Hr. Artzberger. David Long, 3150 South Fox, appeared before Council • Hr. Long asked how many other stores or businesses in Cinderella City could possibly come up later and ask for a liquor license. Hr. Criswell stated the answer would be speculative because anyone can apply for a liquor license. Council Member Neal asked Hr. Artzberger what was the basic philosophy of Kravco as the managing agent for the center in regard to lifting liquor prohibition • • • I • - ' • • • February 25 , 1980 Page 5 • • • Mr. Artzberger stated in any type of business the center would be operating there was a point of no return in opening any kind of business. The management would not be opposed to enter- taining a restaurant requesting to sell liquor. There were some restaurants that would not be appropriate for the sell of liquor because their shape, size and type of food sold. There could not be very many more requests based on the present set up. No other restaurant has approached the management on this subject to date. In response to Mr. Long's question, Mr. Criswell stated the alcoholic beverages to be sold were wine and 61. beer. There were no further questions to ask of Mr. Artzberger. Mr. Criswell called Mr. Franz HUDIDel to testify. Franz Hunnnel, applicant, 3070 South Vine Street, Den- ver , appeared before Council and gave testimony regarding his business background. He stated there was a need to serve beer and wine in his restaurant to complement the food he served. The majority of his business was restaurant; however, he offered a delicatessen service for take-out food. He was the presi- de.nt and sole stockholder of the corporation. The restaurant was family-owned and operated. Mr. Criswell submitted Applicant's Exhibit Q -a map of the premises. Mr. Criswell invited Mr. Long to come forward for the purpose of viewing the map and how Mr. HUDIDel proposed to control the customer traffic. Mr. Hummel stated neither consumption nor carry-out of alcoholic beverages would be allowed on the outside , side- walk tables. The alcoholic beverages would only be allowed inside the restaurant in a roped off section which would still be separate from the other inside tables extending into the mall. Mr. Criswell acknowledged the state liquor code as allowing the sale of alcoholic beverages in an area that was roped off with clearly designated entrances and exits. Mr. Humm e l stated the restaurant hours would remain to be 9 :00 a.m. -9 :00 p.m. The liquor would be sold "in-line" at the beverage section. The customer would have to pay the cashier who would be over 21 years old. The cashier would also check identifications of customers if there was any doubt of legal age • • • I • - • • • February 25, 1980 Page 6 • • • Mr. Criswell submitted Applicant's Exhibits A -K, petitions signed by Mr. Hwmnel's customers. The petitions were signed at the restaurant as patrons came through the service line. Mr. Criswell noted some of the patrons were also resi- dents of Englewood. In response to Council Member Fitzpatrick's question, Mr. Hwmnel stated he would personally supervise the premises for control. Mr. HUDBDel stated he would do whatever was neces- sary and appropriate to maintain good operating order for his business. In response to Council Member Bilo's question, Mr. Criswell stated Applicant's Exhibit A -K contained 461 signa- tures approximately. "nlere were no further questions to ask of Mr. HUlllllel. Mr. Long reiterated his concerns regarding whether or not the center or Council had any plans to limit the number of liquor outlets. Mayor Otis stated the matter would have to be addressed at a later time. Mr. Criswell called Ms. Dee Richardson to testify. Dee Richardson, 3335 South Monaco, Denver, appeared before Council, and gave testimony under the direct question- ing of Mr. Criswell. Ms. Richardson stated she worked as a part time petition circulator in addition to a full time job which she held with Standard Register Company. She had been engaged to circulate petitions for both liquor license appli- cants and for people who opposed applications. She was paid on an hourly-wage basis rather than on the number of signa- tures collected. Ms. Richardson stated in the application of Mr. Hummel, she supervised circulators who contacted busi- ness owners and managers in the City of Englewood and at Cin- derella City. Mr. Criswell submitted Applicant's Exhibit L -0, the petitions circulated under Ms. Richardson's supervision. Mr. Criswell submitted Applicant's Exhibit P, the sU111Dary of petitions taken at Mr. HUJ1111el's restaurant and those from Ms. Richardson. • • I • ~,,... - - • • • • • February 25, 1980 Page 7 Assistant City Attorney DeWitt asked Mr. Criswell how many signatures were in favor of the application and how many were against. Mr. Criswell stated the swmnary indicated all the signatures were in favor; and that Mr. HUllDlel would have to guess the number of people who refused to sign the petitions. Mayor Otis asked if there was anyone present who wish- ed to speak in opposition to the application. No one responded. Mayor Otis asked if there was anyone present who wish- ed to speak in favor of the application. Victor Gustafson, 6375 South Race Court, Littleton, ap- peared before Council. Mr. Gustafson stated he was the owner of Tobaccoland in Cinderella City. He stated he was in favor of the application. cil. City. John Yost, 11647 E. Wesley, Denver, appeared before Coun- Mr. Yost stated he was owner of Ivan's Tonsorium in Cinderella He stated he was in favor of the application. Frank DeSciose, 1504 South Kipling Court, Denver, appear-• ed before Council. Mr. DeSciose stated he was general manager for Mr. ~l. Re stated be had worked for the Humnel family many years and was looking forward to continuing the relationship. 'nlere ver no further appearances on behalf of the appli- cant. Council Member Higday requested that Council expedite their decision on the application and that the resolution be on the next regular Council meeting agenda. COUNCIL MEMBER FITZPATKICX l«>VED TO CLOSE THE PUBLIC HEARING. Council Member Silo seconded the motion. Upon a call of the roll, the vote resulted as follows: 8:35 p.m • Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 'nle Mayor declared the motion carried • COtJ.NCIL MEMBER HIGDAY K>VED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at ~£fc1'zdaz&.v • I • - • • • • • • P R 0 C L A M A T I 0 N ----------- WHEREAS, the Order of DeMolay was founded and organ i z ed more than sixty years ago by Frank S. Land to provide proper training and guidance to bette r citizenship for boys between the ages of 13 and 21 years; and WHEREAS, there are more than 2400 DeMolay Chapters in the United States, Canada, an d t hroughout the free world; and WHEREAS, membership in DeMolay is a constant bond among the ten• of thousands of youn g men throughout the world; and WHEREAS, a DeMolay obligates himself on the Holy Bible to be a better son and man; to honor his parents; to honor and protect all vomanhood; to love and serve God, his country, and fellowmen; to uphold public schools; to slander no one; and to exercise tolerance in opinion s of others. NOW, THEREFORE, I, EUGE NE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the week of March 16 through March 22, 1980 as De MOLAY WEElt in the. City of Englewood. An d let it be known that the citizens of our City conmiend these y ouths for their endeavors in reaching and maintaining the high goal s they have set for thelllSelves. GIVEN under my hand an d seal this 3rd day of March, 1980. £ ;(~ Eu~ls, Mayor • , I . - ( • • • • • • P R 0 C L A M A T I 0 N WHEREAS, the Order of De Molay was founded and organized more than sixty years ago by Frank S. Land to provi de proper training and guidance to bett er citizensh ip for boys between the ages of 13 and 21 years; and WHEREAS, there are ore t h an 2400 DeMolay Chapters in the United States , Ca n ada, and t hro ughout the free world: and WHEREAS, membership in DeMolay is a constant bond among the ten• of thousands of youn g men throughout the world: and WHEREAS, a DeMolay o bligates himself on the Holy Bible to be a better son and man: to h onor his parents: to honor and protect all womanhood; to love and serve God, his country, and fellowmen; to uphold public schools: to slander no one; and to exercise tolerance in opinions of others. NOW, THEREFORE, I, EUGE NE L. OTIS, Mayor of the City of Englewood, Colorado, do h e r eby proclaim the week of March 16 through March 22, 1980 as De MOLAY WEEK in the City of Englewood. An d l et it be known that the citizens of our City com1end these y ouths for their endeavors in reaching and maintaining the high goal s they have set for themselves. GIVEN under my hand and seal this 3rd day of March, 1980 • Eugene L. Otis, Mayor • • I • - • • • • • P R 0 C L A M A T I 0 N WHEREAS, the Order of DeMolay was founded and organized 1110re than sixty years ago by Frank S. Land to provide proper training and guidance to bett er citizenship for boys between the ages of 13 and 21 years; and WHEREAS, there are ore than 2400 DeMolay Chapters in the United States, Canada, and t hroughout the free world: and WHEREAS, membership in DeMolay is a constant bond among the tens of thousands of young men throughout the world: and WIU!:REAS, a DeMolay o bligates himself on the Holy Bible to be a better son and man: t o honor his parents: to honor and protect all womanhood: to l ove and serve God, his country, and fellowmen: to uphold public schools: to slander no one: and to exercise tolerance in opinions o f others. NOW, THEREFORE, I, EUGE NE L. OTIS, Mayor of the City of Englewood, Colorado, do here by proclaim the week of March 16 through March 22, 1980 as DeM OLAY WEElt in the City of Englewood. And let it be known that the citizens of our City coamend these y outh s for their endeavors in reaching and maintaining the high goa ls they have set for themselves. GIVEN under my hand and seal this 3rd day of March, 1980 . Eugene L. Otis, Mayor • I • - • • • • • • PROCLAMATION ------------ WHEREAS, the Order of DeMolay was founded and organized more than sixty years ago by Frank S. Land to provide proper training and guidance to better citizenship for boys between the ages of 13 and 21 years; and WHEREAS, there are more than 2400 DeMolay Chapters in the United States, Canada, and throughout the free world; and WHEREAS, membership in DeMolay is a constant bond among the tens of thousands of young men throughout the world; and WHEREAS, a DeMolay obligates himself on the Holy Bible to be a better 11<>n and man; to honor his parents; to honor and protect all womanhood; to love and serve God, his country, and fellowmen; to uphold public schools; to slander no one; and to exercise tolerance in opinions of others. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the week of March 16 through March 22, 1980 as DeMOLAY WEEK in the City of Englewood. And let it be known that the citizens of our City commend these youths for their endeavors in reaching and maintaining the high goals they have set for themselves. GIVEN under my hand and seal this 3rd day of March, 1980 . Eu9ene L. otls, Mayor • I . ,.. - ' • .. • • • c J PROCLANATION ------------ SJfEDISH lfedical Center has served a regional community since its beginning• in 1905 as a tuberculosis sanatorium. SWEDISH National Sanitorium, under the leadership of Dr. Charles Bundsen, treated thousands of tuberculin patients from around the nation in its early days. ~DISH was converted to a general hospital in 1956 after the virtual eradication of the "White Plague" and three years later officially became known as Sttedish #edical Center. ~DISH lfedical Center, through community support, has kept pace with modern facilities and the latest medical technology in its connitment to serve the health needs of the rapidly expanding South-lfetro area. It has distingui•hed itself in the areas of neurotrauma, obstetrics, diagnos- tic capabilities, e91Jrgency medicine and has catalyzed a nationwide a:>ve- ment of per.alUll health consciousness with the creation of the wellness Center in 1978 and Gerontology Health Resources in 1976. SWEDISH .-:wes ahead with the spirit of caring and progress as plan• for a senior citizen high-rise cooperative and a prepaid health care plan are fin.lized. 1KM, 'f'H"ltUTORE, I, EIJGEN"lt L. OTIS, Nayar of the City of Englewood, Colorado, do hereby proclaim #arch 13, 1980 as 'l"OUNDl!RS .DAY for Swedish lfedical Center in the City of Englewood. r.IVl!N under my band and seal this 3rd day of #arch, 1980. 'liayor • I . - 0 • c • • • • PROCLAllATION ------------ SllEDISH lledical Center has served a regional community s i n ce i ts beginning• in 1905 •• a tuberculosis sanatorium. SJIEDISH National Sanitarium, under the leadership of Dr. Charles Bundsen, treated thousands of tuberculin patients from around the nation in it• early days. SflgDISB was converted to a general hospital in 1956 after the virtual eradication of the •white Plague• and three years later officially became known as Stledish lledical Center. SJlgl)ISH lledical Center, through community support, has kept pace with modern facilities and the latest medical technology in its commitment to -rve the health needs of the rapidly expanding South-lletro area. It has distin911ished itaelf in the areas of neurotrawu, obstetrics, diagnos- tic capabilities, -rgency -dicine and has catalyzed a nationwide move- ment of peraonal health consciousness with the creation of the Wellness Center in 1978 and Gerontol ogy Health Resources in 1976. SJIEDISH moves ahead with the spirit of caring and progress as plans for a senior citizen high-rise cooperative and a prepaid health care plan are finalized. #Oii, ~. I, EUGENE L. OTIS, llayor of the City of Englewood, Colorado, do hereby proclaim llarch 13, 1980 as l"OUNDERS lMY for Swedish lledical Center i n the City of Englewood. t;IVDt under SI':/ hand and seal this 3rd day of lf4rch, 1980. Mayor • , I • - 0 • • • • • PROCLAllATION ------------ SWEDISH lfedical Center has served a regional community since its beginnings in 1905 as a tuberculosis sanatorium. SWEDISH National Sanitorium, under the leadership of Dr. Charles llundsen, treated thousands of tuberculin patients from around the nation in it• early days. SJmDISB llfaS converted to a general hospital in 1956 after the virtual eradication of the •white Plague• and three years later officially bec..e known as St#edish lledical Center. SWEDISH Medical Center, through community support, has kept pace with S)dern facilities and the latest medical technology in its commitment to -rve the 1-lth needs of the rapidly erpanding south-lletro area. It has distinguished itself in the areas of neurotra1U1a, obstetrics, diagnos- tic capabilities, -rgency -dicine and has catalyzed a nationwide -=>ve- ment of per90nlll health consciousness with the creation of the Wellness Center in 197• and Gerontology Health Resources in 1976. SWEDISH moves ahead with the spirit of caring and progress as plans for a -.nior citizen high-rise cooperative and a prepaid health care plan are finalized.. llOll, 'f'UUTORE, I, EUGENll L. OTIS, lfayor of the City of Englewood, Colorado, do hereby proclaim lfarch 13, 1980 as l"OUNDUS !Ml' for Swedish lledical Center in the City of Englewood. t;~N under •Y hand and seal this 3rd day of lfarch, 1980. • I • • ( 0 • ( • • • • PROCLAlfATION ------------ SJfEDISH lledical Center has served a regional connuni ty s i nce its beginning• in 1905 as a tuberculosis sanatorium. SWEDISH National Sanitarium, under the leadership of Dr. Charles Bundsen, treated thousands of tuberculin patients from around the nation in its early days. ~DISH was converted to a general hospital in 1956 after the virtual eradication of the •white Plague• and three years later officially became known as SWedish lfedical Center. ~DISH lledical Center, through CODDUnity support, Ji.ms kept pace with .odern facilities and the latest medical technology in its conaitment to serve the health needs of the rapidly ex~ding South-lletro area. It has distinguished itself in the areas of neurotrawna, obstetrics, diagnos- tic capabilities, e.ergency medicine and has catalyzed a nationwide move- ment of per11anal health consciousness with the creation of the Wellness Center in 1978 and Gerontology Health Re11aurces in 1976. SJfEDISH moves ahead with the spirit of caring and progress as plans for a .enior citizen high-rise cooperative and a prepaid health care plan are finalized. llOll, 'l'UUFORE, I, EUGENE L. OTIS, 11.Jyor of the City of Englewood, Colorado, do hereby proclaim lfarch 13, 1980 as FOUNDERS DAY for Swedish lledical Center in the City of Englewood . r.~N under my hand and seal this 3rd day of 11.Jrch, 1980. 11.Jyor , I • - • • c • • • • BOARD OF ADJUSTMENT AND APPEALS ClTY OF ENGLEWOOD, COLORADO JANUARY 9, 1980 The regular meeting of the Board of Adjustment and Appeals was called to order at 7:30 P.H. by Chairman Virginia Dawson. MEMBERS PRESENT: Kreiling, Seymour, Oliver, Leonard, Pratt, Dawson. MEMBERS ABSENT: Brown. ALSO PRESENT: Clark, Assistant City Attorney Pittman, Chief Building lnspector Christy, Recording Secretary -------------~-----------~------------------------------------------ MULTlPLEX CONSTRIJCTORS, lNC. 2001-2003 W. CASPlAN PLACE CASE 55-79 Mr. Pratt motioned and Mr. Seymour seconded to: REMOVE CASE 55-79, MULTlPLEX CONSTRUCTORS, lNC., 2001-2003 W. CASPlAN PLACE, FROM THE TABLE. Upon a call of the roll, all members voted in the affirmative and Chairman Dawson declared the case removed from the table • REQUEST: The applicant is requesting a variance from the required rear yard setback of 20 ft. to 12 ft. for the purpose of erecting a duplex unit. This is a variance of the Comprehensive Zoning Ordinance, Section 22.5-9 i-Rear Yard for Shallow Lots. Chairman Dawson verif ied that proper posting and legal advertising of this case had been given. The staff report was read and submitted to record. Mr. ~chard Oliver, a partner in Multiplex, and Mr. Richard Breshears, Construction Manager, were sworn in for testimony. Mr. Oliver explained that the City's Zoning Department had requested that the proposed duplex be designed to face the proposed street of Caspian Place. He stated that • I • - • • • • • by designing the duplex to meet this request i t reduced the rear yard to 12 ft. for which they needed the variance. Mr. Breshears explained that originally, they had planned to face the duplex on Tejon Street before recognizing the traffic problems it would cause on Te j on. Mr. Oliver stated that they were building the duplex for Mrs. Romero, owner of the rear adjacent property. He stated that the duplex would have two bedroom units with full basements and would meet all of the other zoning require- ments. He further stated that hebelieved that there would be a 4 ft. chainlink fence erected along the Tejon side of the property. There were no others who wished to speak in favor of the variance. Chairman Dawson called for those who wi.shed to speak in opposition to the request. Mr. Marshal Payson, owner of 2133 W. Wesley, was sworn in for testimony in opposition to the variance. Mr. Payson expressed his opposition to the proposed street (Caspian Place) and explained that if the street were to go through it would destroy his house which is presently located in that proposed right-of-way. He stated that he felt the applicant should build the duplex on the site without a variance which he believed would place it in the right-of-way, thus preventing the thoroughfare of the proposed street. He stated that others in that block felt the same way because they like their large lots. Mr. Payson stated that he had not been aware of the proposed street when he purchased the house several years ago. He explained that if the street were partially put through over the dedicated right-of-ways no one would want to buy his property unless he sold it at a financial loss which would create a hardship for him. Mr . Pitt.an, Chief Building Inspector pointed out the dedicated right-of- ways in that block and described the driveway that was planned to be cut through and turn onto Caspian Place as suggested in other development plans of Multiplex in that block. Mr. Pittman stated that Caspian Place is an adopted part of the Comprehensive Plan and will eventually go through. He explained that in this particular case of Mrs. Romero's property, with the curvature of the street, it will not encroach onto Mr. Payson's property. He further stated that the street would only be completed through those right-of-ways which have already been dedicated and would not affect Mr. Payson's property. Kr. Payson stated that he would prefer to see cul-de sacs or curved streets for the new developments rather than run the street clear through to Zuni St. Mr. Richard Oliver pointed out two other properties which were either recently dedic ated or in the process of dedication. He stated that his company was aware of Mr. Payson's problem and were talking with him to see if they could perhaps purchase his property. Mr. Oliver also explained his company's other planned development on two other sites in that block and the proposed driveway which would run down thecenter of the two lots from Caspian Place to Iliff Avenue. He explained that their only request was for a rear yard setback variance. He stated that the owner of the subject property also owned the rear adjacent property and that the problem was partially created by the location of her own home on the rear property. He stated that as owner of the adjacent property, Mrs. Romero had no objections to the request and that they did not believe the variance would affect Mr. Payson's property in any way. -2- • I • ,.. - • • • • • Chairman Dawson closed the Public Hearing. ~ Mr. Seymour motioned and Mr. Pratt seconded that: • • IN CASE 55-79, 2001-2003 W. CASPIAN PLACE, MULTIPLEX CONSTRUCTORS, INC., A VARIANCE BE GRANTED FROM THE REQUIRED REAR YARD SETBACK OF 20 FT. TO 12 FT. FOR THE PURPOSE OF ERECTING A DUPLEX UNIT. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.5-9 i-REAR YARD FOR SHALLOW LOTS. All members cast their votes. The vote resulted as follows: AYES: Kreiling, Seymour, Oliver, Leonard, Pratt. NAYS: Dawson. FINDINGS OF FACT: Mr. Kreiling stated that in as much as the subject property owner had dedicated the right-of-way to the City for street purposes and in that the method of utilization of the remainder of the property was practical he voted in favor of the variance. He stated that to cause accessfrom Tejon would be a hard- ship due to the volume of industrial traffic. Mr. Se)'lllOur stated that the situation of the duplex in relation to the street plan was unique to the property and will result in the general good for the neighborhood. He stated that it was a better safety factor to face the duplex on Caspian Place rather than Tejon St • Mr. Oliver stated that he found that the dedication has comnenced on Caspian Place and that it had made considerable progress. He stated that the owner of the subject property has coDDDitted her portion of the dedication. Mr. Oliver also stated that the extension of the street is within the Coaaunity Development Plan which leads him to accept the fact that this will be a valid lot for this type of development and therefore worthy of consideration of a variance. He further stated that he felt this variance was a reasonable request. Mr. Leonard stated that dedication had already been made for all but one last property pending V.A. approval and that the road was already part of the Comprehensive Plan. He further stated that facing the houses on Caspian Pl. would be better than on Tejon St. because of the industrial property across the street. Mr. Leonard stated that the request generally met the six require- ments for a variance . He stated that Mr. Payson's objection can be met in the way he wants to handle it. Mr. Pratt stated that the varianc e will do substantial justice to the area and allow reasonable development and that in fact, the project could be built without a variance i f it were faced to Tejon. He stated that this change had been made at the request of the City as explained in their letter from Richard Wanush, Director of CoDDDunity Development stating the City's position. Mr. Pratt stated that the developer~ plan is in line with the Comprehensive Plan of the City and by f acing the duplex on Caspian Place it would be beneficial to the occupants, espec ially the c hildren who could not run out onto Tejon. He further stated that the request falls within the reasons for granting a variance. Mrs. Dawson stated tha t she v o ted against the variance because the street has -3- • I • - • • • • • • not been completely cut through. She stated that although the street is part of the Comprehensive Plan she still felt Mr. Payson had his rights too. Chairman Dawson stated that with a vote of five in the affirmative and one in opposition the variance is GRANTED. RUVELSON & ASSOCIATES 5450 SO. BROADWAY CASE 01-80 REQUEST: The applicant is requesting a variance from the maximum height of of 32 ft. for a ground sign to a height of 37 ft. The purpose of the variance is to erect a new ground sign on this parcel. This is a variance of the Comprehensive Zoning Ordinance, Section 22.7-7 c.(b)-Maximum Height of a Sign. Chairman Dawson verified that proper posting and legal advertising of this case had been given. The staff report was read and submitted to record. Mr. James J. Ruvelson, representing Ruvelson & Associates, 4017 Central Avenue, Minneapolis, Minnesota, and consultant to the Target Corporation for their signing needs, was sworn in for testimony. Mr. Ruvelson stated that Target Corp. was presently negotiating for this subject parcel for their store. He explained that Target's primary concern in requesting the variance is for the proper identification of the land and that they had requested that he look at this site specifically and make his recommen- dations to assure adequate signing. He explained that after making photo and site surveys and presenting the information to Target, their sign committee decided that they wanted a 37 ft. high pylon sign. Mr. Nate Burt, president of Burt Development and owner of the subject property was sworn in for testimony. Mr. Burt explained that for the past eighteen months his company has been in the process of developing the old "Gem Store" property which, except for a gas station, sat vacant for twelve years. He stated that he has a 49 year lease on the eighteen acres of property. He described the new Burt Toyota facility which is under construction and stated that he had invested several hundred thousand dollars in the maintenance of the old "Gem Store" building. Mr. Burt stated that they are in the process of leasing that building and ten acres of land to the Target Corp., and were expecting the lease to be signed by their main Board tommorrow. He stated that because the building is located so far off Broadway they need prominent identification. He further stated that they had worked together to develop a favorable sign which he would recommend to the Board in hopes that it will be approved. He explained that the proposed sign would not conflict with his Burt Toyota sign and would allow both signs to be prominently visable along Broadway without oversigning. He stated that they were in the process of removing several objectional signs o n the parcel in effort to comply as closely as possible to the present Sign Code. Mr. Ruvelson presented Exhibits A-C, a draft of the final proposed sign, a site plan showing the location of the proposed sign and an enlarged photo take n of the vicinity of the sign location from normal traffic view. -4- • I - , • • • • • • • Hr. Ruvelson also presented the Board with other numerous photographs of the subject property and the existing structures and their signs. Hr. Ruvelson stated that the old "Gem Store" structure's exterior would be remodeled with casted concrete panels. He stated that the new Target Store would have 112,000 sq. ft. of floor space with over thirty-two various retail operations under the one roof. Hr. Ruvelson stated that he felt the Sign Code had a hard time relating to a project of this size. He stated that this parcel is definitely unique for the variance which is sought and is not generally appropriate to land uses next to it or around it. He stated that they have several special problems with this specific site. The firs~ is the exposure to Broadway by onl7 two driveways, which is one reason they feel it is critical to have adequate signing. He stated that Target's design package gets them in touch with the cmmwnity and they are concerned about sign pollution and the esthetics of signs, as well as having a certain :l.aage they must project. Hr. Ruvelson stated another reason for their needing the variance was the specific competition on Broadway and that after doing a line of silfit study they bad determined that it is illperative to have the 37 ft. height sign to have just a portion of their sign visable from major competition on Broadway. He referred to the Wendy's sign which is 29 ft. in height and stated that it would be directly in front of the Target sign permitting only a portion of their sign to show to those traveling south on Broadway. Hr. Burt described several of the signs which he proposes to remove. He also stated that the Target project will provide a lot of revenue for the City which he felt the Board should be aware of. He stated that they had just recently received approval .for a traffic signal to be installed at this entrance which he was providing at his expense. Hr. Harry Arld.n, Attorney for the Burt Development Company pointed out the five signs which were to be removed. He explained that when they had been in negotiations with the City over a new development project which needed a sub-division approval by City Council, they had agreed to cooperate with the Department of Coanunity Development by removing these signs from the old Toyota building. Hr. Ruvelson then gave the slide presentation showing the Board a view of a sign closely similar to their proposed sign. He explained that such a mammoth project as Target usually needs a variance for their signs to be on scale in proportion to the size of the stores. He stated that although the standard height of Target signs is 35 ft. to 37 ft., on this particular site they must have no less than the 37 ft . because of the existing signs in the area, in order to have the Target sign visable from the major competitors on the same street. He stated that reducing the sign would completely loose it behind the Wendy's sign and only add to the sign pollution of the street and not accomplish anything. Hr. Ruvelson further stated that this proposed sign was not the sign they would have liked to use but that they could not negotiate for a large enough area for their original signing proposal. The Board reviewed the evidence and discussed the proposed location of the Target sign in relation to the existing signs in the area • Hr. DarrellKramer, representative of the Target Corporation, was sworn in for testimony. Hr. Ruvelson asked Hr. lraaer to explain why the 37 ft • height was necessary to complete negotiations for the Target Store lease. Hr. Kr-er told the Board that Target carp. -s not concerned about seeing the sign from across the street or in the vicinity of the ne¥ traffic signal. He explained that the store was not in what they would call a typical retail -5- • I • - • • • • • • location. Rather, they look for cross streets, which, in this case, would be Belleview and Broadway. He stated that because their store would be three blocks from Belleview, their major c oncern is that people will be able to see the sign from Belleview and know there is a Target Store there. He agreed that by Burt Toyota you will be able to see the sign behind Wendy's sign but unless it is 37 ft. in height it will not be visable from the K-Mart store at Belleview. Mr. Harry Arkin stated that there would be a total of 7 ,324 sq. ft. of old signing which will be removed. There was no one who wished to speak in favor or opposition to this variance request. Chairman Dawson closed the public hearing. Mr. Pratt motioned and Hr. Leonard seconded that: IN CASE 01-80, 5450 SOUTH BROADWAY, RUVELSON & ASSOCIATES, A VARIANCE BE GRANTED FROM THE MAXIMUM HEIGHT OF 32 FT. FOR A GROUND SIGN TO A HEIGHT OF 37 FT. THE PURPOSE OF THE VARIANCE IS TO ERECT A NEW GROUND SIGN ON THIS PARCEL. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.7-7 c.(b)- KAXIHUH HEIGHT OF A SIGN. THE ZONING DEPARTMENT HAS EVALUATED THE APPLICANT'S SIGNING PROPOSAL FOR THIS PARCEL AND DETERMINED THAT THE ONLY VARIANCE NECESSARY IS FOR THE HEIGHT OF THE GROUND SIGN. There was discussion of the variance request by the Board. Hr. Oliver stated that he felt the Board was being asked for this variance for the only reason of wanting more exposure than the Code allows. He stated that he could find no justification for the additional height because he did not feel the Wendy's sign would block the proposed Target sign. He stated that perhaps they are justified because the store is down in a hole and because it is such a large store but he could not buy the argument that the sign would be blocked. Hr. Pratt stated that he could appreciate the applicants' feelings especially because the store is down in a hole. He stated that the Target signs are tastefully done and they have done an admirable job of designing a good sign. He also mentioned the clean up of the old signs which were proposed to be removed. Hr. Leonard mentioned the staff report co111111ent that the applicant needed the sign for the success of their business. He stated that the Target store would bring millions of dollars of business into the city and if the sign were to be cut down in height and they went out of business it would be bad for the City. Hr. Seymour stated that if they were permitted to raise their sign, others would want to raise their signs also in competition. Hr. Pittman stated that there had been several other overheight sign variances previously granted by the Board to this parcel and that this variance would not be setting the precedent. All members cast their votes. The vote resulted as follows: AYES: Kreiling, Leonard, Pratt, Dawson. NAYS: Seymour, Oliver. -6- I • - - • • • • •· • • • • FINDINGS OF FACT: Hr. Kreiling stated that the staff report mentions the non-conforming sign (l,496 sq. ft.) on the proposed Target building which will be coming down. He also mentioned the removal of various signs by the Burt Development Corp. amounting to5,828 sq. ft. Mr. Kreiling stated that 37 ft. is the standardized height for the Target signs and it is simple enough not to detract drivers. He stated that because there will be improvement made as far as signs are concerned, he voted in favor of the varianc~. Hr. Seymour stated that be found no true hardship and that this would only be adding one more overheight sign to the area. Mr. Oliver stated that he found that there was no true justification for a variance other than the argument that the applicant wished his sign to be noticed greater than the other adjoining signs. He stated that he had deter- mined by working from sight lines that the proposed Target sign would not be blocked by the Wendy's sign unless viewed from the same side of the street. Be stated that he felt the 32 ft. height sign would be just as visable as one would be five feet higher and could find no justification for the additional requeat. Hr. Leonard stated that a sign is for the purpose of noticing and that he agreed with the opinion of the staff of the Department of Community Development that the applicant is in need of this advertising sign for their proposed business. Be stated that the variance would not adversely affect the character of the zoning in the district. Further, he stated that there was going to be 7,324 sq. ft. of sign removed in exchange for five feet .more of height so that their sign can be seen. Mr. Pratt stated that granting this variance would not do any damage to the zone district and that a previous precedent had been created by three over- height signs approved on this site. Be stated that in working with the Department of Co111111unity Development, the developer was willing to eliminate those signs to bring the area into compliance with the sign code. He stated that with the quality of the proposed sign it would be a definite upgrading of the area. Mr. Pratt also stated that because of the nature of this area the variance will not cause any hardship on anybody and because of the loca- tion of the store on this particular parce\ not being located where it would be readilyvisable from the major street, it would be a hardship for the owner. He further stated that it would not be possible, meeting the present sign code, to develop this parcel in an economical manner. Hrs. Dawson stated that she voted for the variance because of the position of the building and that it would be upgraded as well as the whole area improved. Mr. Pittman stated that the Sign Code is a atandard by which to grade low signs, and buildings and locations. He asked Mr. Oliver if in hia deciaion he took into account the fact that the location of the sign would not be in a direct line of plane with the rest of the adjoining businesses. He stated that he felt it was a unique situation that the business would be operating out of a hole in comparison to the adjoining businesses. He explained that the intent of the Sign Ordinance ia to eliminate the com- petition of getting signs higher and higher on a horizontal plane, not -7- I • • \ - • • • • • • to restrict someone in such a unique situation. Mr. Oliver stated that he took these things into consideration and if he had felt differently, he would have voted differently. Mr. Harry Arkin, Attorney, asked the Board to grant the applicant a re-hearing based on new, additional evidence which had previously been omitted. Mr. Pratt motioned and Mr. Seymour seconded that: IN CASE 01-80, 5450 SO. BROADWAY, RUVELSON & ASSOCIATES, THE PUBLIC HEARING BE REOPENED. Upon a call of the roll, all members voted in the affirmative and Chairman Dawson declared the public hearing reopened. Mr. Arkin stated that on the morning following this hearing the Board of the parent corporation, Dayton-Hudson Corporation, will vote whether to approve this Target Store coming into existance. He stated that he could not represent to the Board that the denial of the 37 ft. sign would defeat the approval of the Target store but he explained that their vote was set up to be taken after they receive Mr. Kramer's phone call telling them of the outcome of this hearing. Mr. Arkin stated that he personally believed the Wendy's sign would be an obstruction to the Target sign from his own personal observations but he was not before the Board to argue that point. He stated that more importantly was whether the sign is going to exist or not. He explained that their lease had been conditional on getting signing which Target felt adequate. He stated that they had not been able to have their original signing proposal but through lengthy negotiations they had arrived at a sign which they all could agree to. He stated that the staff of the Department of Community Development had made their own study and determined that the 37 ft. high sign would not hurt anybody. He again mentioned the numerous signs which Burt Development has proposed to remove to show their appreciation of the City working with them. Mr. Arkin then explained that the Target Corporation would be spending three million dollars just in the real estate investment and Burt Development has already invested a quarter of a millon dollars in repairs to make the old "Gem Store" even partially usable. He stated that Target estimated ten million dollars in sales in the first two years. He asked the Board to multiply that figure by the City's 3% sales tax and recognize the tax revenue potential. Mr. Arkin then stated that whether the sign exists or not depends on whether Target is allowed to have what their experience and knowledge deems necessary for that location. He explained that one of the contingencies of whether or not they would sign the lease is getting adequate signing. He asked the Board to seriously reconsider this additional evidence and consequences of denial and the effect on the co11D11unity before they make their final decision. Mr. Oliver asked Mr. Kramer if a market research study had been done before they considered the lease and if so, did it specify that a sign this high was essential. Mr. Kramer stated that a research was done but their fuction is not to make reference to size or height, but they did make reference to the need of adequate signing to say that the Target store is there. He stated that even from the beginning when they were still considering whether or not to take the option of lease there were two conditions. These were: one,a traffic signal and two, adequate signing that they feel appropriate. He stated that with a three million dollar investment they feel they are -8- • I • - - • • • • • entitled to adequate signing • Mr. Oliver made a coanent for the record. "I feel the Board of Adjustment is being put on the spot to make an approval, regardle•• of their findings of fact, on the basis it'• good for business, it's good for Englewood's business, it's good for Target's business, it'll bring in tax 1110ney, it'll create jobs. Whether or not the variance is justified is becoaing a secondary issue and that is what has been done by reopening thi• hearing. You're putting pre•sure on the Board to approve •omething directly oppo•ite to what they have decided to do. I really do not think itli fair, although I can certainly understand the argument." Mr. Pittllan •tated that he uoder•tood Mr. Oliver'• po•ition but still feels strongly that the Board •hould take into account the past history of the property, which has not be overvhel.aing •ucce••ful, and the unique conditions relating to the size of the structure and the location of the structure due to the elevations. Mr. Ruvelson offered to prove to the Board their position that the sign would be obstructed by preparing proper photos using a boom truck, since the photos he had given the Board had presented a distorted impression. Chairman Dawson closed the public hearing. Mr. Pratt motioned and Mr. Leonard seconded that: IN CASE 01-80, 5450 SOUTH BROADWAY, RUVELSON 6 ASSOCIATES, A VilU!ICE BE GRANTED Pll<M THE MillMDM HEIGHT OF 32 FT. FOR A GROUND SIGN TO A HEIGHT OF 37 FT. THE PURPOSE OF THE VARIANCE IS TO ERECT A NEW GROUND SIGN ON THIS PARCEL. THIS IS A VARIANCE OF THE C<MPltEllENSIVE ZONING ORDIJIARCE, SECTION 22.7-7 c.(b)- MAXIMDM HEIGHT OF A SIGN. THE ZONillG DEPARTMENT BAS EVALUATED THE APPLICANT'S SIGNING PROPOSAL FOR THIS PARCEL AND DETERMINED THAT THE ORLY VARIANCE NECESSARY IS FOR THE HEIGHT OF THE GROUND SIGN. All members cast their votes. The vote re•ulted as follows: AYES: Kreiling, Seymour, Leonard, Pratt, Dawson. NAYS: Oliver. FINDINGS OF FACT: Mr. Kreiling stated that as he had previou•ly stated he has the same opinion and therefore voted yes. Mr. SeY1110ur •tated that the applicants have a hardship due to the •tore being located in a hole and therefore voted ye•. Mr. Oliver •tated that he felt there wa• no ju•tification for increasing the height of the •ign and that in his opinion the Wendy's sign would not block the proposed Target •ign. He stated that the applicants .certainly had a -9- I • - - • • • • t • a hardship and he recognizes the financi a l aspects of the variance, but feels that he would like to go on record as the dissenting vote of the Board as being opposed to the variance just on the basis that it's good for business. Mr. Leonard stated that for the same reasons as he previously gave he voted in favor of the sign because that is what a sign is for, to be seen. He stated that 37 ft. is a standard height for Target signs and that he goes along with the opinion of the staff of the Department of Community Development that the applicant needs the sign for their business due to the unique situation of their business being located back on the lot. He also stated that there was no residential district involved. Mr. Pratt stated that even after hearing the additional testimony, his findings have not changed. He believes this is due to the uniqueness of the property and the cooperativent1111of the landlord and the leasee in trying to improve the old signing in the area by removing a substantial amount of square footage of signa including SOiie of which were also overheight. Mrs. Davaon stated that the vacant old "Gem Store" has been an eyesore for years and that because this would be an improvement to the area she voted yes. Chairman Dawson stated that with an affirmative vote of five (5) and one (1) in opposition, the variance is GRANTED. Mr. Seymour motioned and Mr. Leonard seconded that: THE MINUTES OF THE REGULAR MEETING OF DECEMBER 12, 1979, STAND APPROVED AS WRITTEN. All members voted aye and the minutes stand approved as written. There being no further business before the Board, Chairman Dawson adjourned the January 9, 1980 regular meeting of the Board of Adjustment and Appeals at 10:45 P.M • -10- .. • I • - - PRESENT: ABSENT: OTHERS PRESENT: • • • MINUTES Board of Career Service Commissioners Thursday, January 10, 1980 5 B , Jo Ellen Turner, Judith Henning, Robert Brundage, William Hanson, Edward White None Mel BeVirt, Employee Relations Director Chairperson Henning called the meeting to order and called for approval of the ~Ainutes of December lJ, 1979. Commissioner Henning requested a rewording of the motion that appears on Page Two, Paragraph 4 to read: " ..• as a result of the reorganization of the Police Department, to reclassify the positions of Law Enforcement Aide and Emergency Communicator to read Support Services Technician and to add the supervisory position of Senior Support Technician." Commissioner Hanson moved and Commissioner Turner seconded approval of the ~Ainutes. AYES: Turner, Henning, Brundage, Hanson, White NAYES: None * * * * * Item J on the Agenda was the Employee Association's Choice. None of the Associations were represented. * * * * * Item 4 on the Agenda was the City Manager's Choice. No representative was present from ~ the City Manager's office. * * * * * Item 5 on the Agenda was the Employee Relations Director's Choice. Mel BeVirt reqaested that the Board approve tl.e Benc hmark job description and ranking of 1he Support Services Technician and Senior Support Service Technician. Aft er further discussion, Commissioner Henning asked for a motion to approve both the Benchmark classification and job description of the positions of Eupport Services Technician and Senior Support Services Techni cian . Comr.1issior.er White motioned, seconded by Commissioner Hanson, to approve the motion. AYES: NAYES: Turner, Henning, Brundage, Hanson, White None * * * * * Item 6 on the Agenda was the Commissione r's Chrdce. Chairperson Hf·nning indicated to the Board that a grievance by Desmond Doss had been received in timely fashion and that a hearing date should be set. It wa s agreed upon by the Comrnissioners to set the date of February lJ, 1980 f or the grievance with notification to be given to Mr. Doss' attorney, John Wilderman. The Board also confirmed the date o f February 21, 1980 to hear the Benchmark appeal o f Patrice Patrone. Judge Louis Parkinson and Mr. John Criswell, Attorney, had been notified. Commissioner Brundage inquired about the new Sick Leave policy and the use of Personal days. Mr. BeVirt mentioned that the 6 personal days are flexible and may be used for ~any pur:i;-ose. The firs t day of illness , for e xauiple, would be a Personal Day and the second day would fall under Temporary Disability. At some point in time when all Personal days are depleted, the first day of illness would not be paid. * * * * * I • • ;In - - • • • • • Minutes " C£reer Service Board J e nuary 10, 1980 Page Tw o Item 7 on the Agenda was the Declaration of Vacancy. CollUllissioner Turner moved, seconded by Commissioner White to accept the Declaration of Vacancy. (See attac hed) AYES: NAYES: Turner, Henning, Brundage, Hanson, White None * * * * * Item 8 on the Agenda was the approval of the Eligibility Lists. Commissi oner Whi te motioned, seconded by Commissioner Hanson, that the eligibility lists be approved as read (see attached). AYES: NAYES: Turner, Henning, Brundage, Hanson, White None * * * * * Item 9 was the Acceptance of Personnel Actions. Commissioner White indicated Ray Cosby 's personnel action should reflect Disability Retirement. Commissioner Hanson motioned, seconded by Commissioner White, to approve the Personnel Actions. AYES: NAYES: Turner, Henning, Brundage, Hanson, White None Upon motion by Commissioner Hanson, Henning adjourned the meeting. * * * * * seconded by Commissioner Brundage, Chairperson AYES: NAYES: ~.8~ u ~enn~person Career Service Board Turner, Henning, Brundage, Harison, White None • I • - - ''" • • ... • Approved January 10, 1980 Declaration of Vacancy: ELIGIBILITY LIST: Publi c Works: Maintenanceworker (City Service Worker II)--1 position Mechanic (City Service Worker IV)--1 position Utilities: Ditc h Rider--! position MaintenancE·worker A--1 position Water Plant Apprrnt.ice Operator B--1 position Wastewater Treatment Plant: Chief Operator--1 position Clerical Technician--! position Equ1pment Operator--! position Plant Operator A--1 position Parks: Maintenanceworker A Public Works/Traffic: City Service Worker II I • - - ·' ( • • ,. NEW PROBATIONARY EMl'L(1YEF.S Breslin, Richard Fletcher, Re>nald Johnson, Nicholas Maxwell, David Verne M::>ran, Peggy Stanton, Randal RESIGNATIONS Allen, Dianna Antero, Gilberto Pedigo, Lawrence Paul Williams, Karen RETIREM~:NT -Disability Cosby, Raymond LATERAL JOB CHANGE Taylor, Randal R. ANNIVERSARY INCREASE Metros, Mary Tapply, Richard Barber, William Aiark • • • approved JanuEr y 10 , 1980 Operstor "A" (Trainee)--Wastewater Treatment Plant; Grade two; Effective 12/27/79 (Refer to condition of employment ) Maintenanc.eworker "A"--Parks E-nd Rf-c rt:a t i on; Grad€· Twt ·; Effective 01/07 /80 City Service Worker !!--Public Works (Tr affi c); Grade Two; Effect.i ve 12/27 /79 Fi.rEfighter--Fire Df.partment; Probatior•ary; Effec tive 12/12/79 Emergen cy Co11D11unica ~o r--Police; Grade Four; Effective 01/02/80 City Ser> ice Worker II--Public Wc rks (Streets); Gr &de Two; EffectivE 12/lJ/79 Emergency Cornrnunicator--Police; Grade Four; Effective 12/24/79 Equipment Operator !--Wastewater Treatment Plant; Grade Four; Effective 12/J0/79 City Service Worker II--Public Works (Streets); Grade Two; Effective 12/04/79 Violations Bureau Clerk--Municipal Court; Grade One; Effective 01/ll/80 Driver /C'pera tor /Englne€· r--Fi re Effective 12/10/79 Irrigation Maintenanceworker--Parks; Grade Two; Effective 12/16/79 Librarian II--Ubrary; G~ade Eight; Effective 01/16/80 Assistant Director of Recreation--Recreation; Grade EJev~n; Effective 01/01/80 Planning Assistant--Community Developmen t; Grade· Sh; Effective 12/16/79 PROBATIONARY TO PERM11NENT WITH INCREASE Ballard, Kenneth S. AfacKintosh, Carlos Oviatt, Kirk W. Re creation Leader-·Recreation1 Grade Fnur; Effective 01/Ql/80 City Service Wor~er !!--Public Works (Streets); Grade Two; Effective 01/01/80 Electro/Jvl.echanical Technician--Wastewa ter Treatment; Grade Six; Effective 12/16/79 • I • • -----~-,,..; In - - ( I' ~ • • ( • • • • PROBATIONARY TO PERMANEN T WI TH INCREASE (cont'd) Quinn, Glenn Allen Fe c'.dy, Michael G. Plant Operator B--W astewater Tre atment; Grade Five; Effective 01/16/80 Assistant Director of Housjng--Community Development; Gr ade Eleven; Effective 01/01/80 PROBATIONARY TO PERMANENT WITHOUT INCREASE Bailey, Robert I . Grodit.skj, Walter J . Petau, Richa r d L. Trunc k, Stephen P. DEMOTION ---- Becke r , Earl L. PROMJTION Egri, George Helms, J ame s c. J r. Holland, John K. Ito , G~ry Krohlow, Ken ton McGlame r y, Richard P. Maloney , John Moe rke, Charles F. Jr . Qu inn, Glenn Ri chards, Homer Winstanley, Arthur Lieutenant--Police; Effective 01/01/80 Captain--Fire; Effective 01/01/80 Dr i ver/Operator/Engineer--Fir e; Effect i ve 01/01/80 Captain--Fi r e; Effective 01/01/80 Se r geant to Police Officer --Police ; Et'fective 01/01/80 Poli ce Officer 1st to Sergeant--Police; Effective 01/01/80 Plant Operator B to Plant Ope r ator C--Wastewater ; Gr ace Six ; Ef fective 12/16/79 Firefighter 3r d to Driver /Ope r ator/Engineer--Fi r e; Effect ive 12/01/79 Plant Ope r ator B to Plant Opera tor C; Wa s t e wa ter ; Gr 8de Six ; Effect i ve 12/16/79 Plant Ope r ator A t.o Plant Opera tor r.; Wa ste wa t er; Gr ade Five ; Effective 12/16/79 Plant Ope r ator A to Plar•t Ope-r ator B; Wa stewater ; Grade Five; Ef fective 12/16/79 Police Officer 1st to Sergeant--Poli ce ; Effective 01/02/80 Plant Operator A to Plant Ope r ator B; Wastewater ; Grade Five; Effective 12/16/79 Plant Ope rato r E to Plant Operator C; Wastewater ; Grade Six; Effective 01/16/80 Firefighter 3rd to Driver/Operator/Engineer; Fire Effective 12/01/79 Plant Oper~tor B to Plant Ope r ator C; Wastewater; Gi·ade Six; Effective 12/16/79 • I - • • • • • '. • 5 c MINUTES COUNCIL MEETING & PUBLIC HEARING DENVER REGIONAL COUNCIL or GOVERNMENTS JANUARY 16, 1980 Present: William J. Thcrnton, Chairman Vesta H. Miller, Vice Chairwoman Betty Anderson Sharon Carr Robert r. Clement Roland Cole Harold V. Cook Doris Durdy Thomas R. Eggert Jack Fenlon Fred Fisher Robert roster George Garson Ted Hackworth Sam Harper Jack Kinstlinger James Lauratis Ken Lewis Maggi Markey Norbert Meier Rodney Sheffer Ernest Shelton Norman A. Smith Fred Tapia William Walker Also Present: Town of Bow Mar City of Arvada City of Edgewater City of Lakewood Jefferson County Commerce City Denver, City & County City of Brighton Arapahoe County City of Aurora Greenwood Village Castle Rock, Town City of Glendale City & County of Denver City of Littleton Dept. of Highways Town of Erie City of Wheat Ridge Boulder County City of Louisville City of Westminster City of Federal Heights City of Broomfield City of Northglenn City of Longmont Arvin H. Michel, Alternate, City of Lakewood; Diane Matt, RTD; Robert Shannon, Alternate, City of Northglenn; Joe Byrnes, Boulder Board of Realtors; Sandra Gatly, 9-News; Dick Johnston, Metro Denver, Sewage District; Marge Ta such, Longmont Times-Call; John Leary, Guest; Dick Veazey, City & County of Denver Airport Planner; John Rupp, City of Louisville; Leon A. Wurl, City Manager, Louisville; Thomas Q. Benson, DRCOG Attorney; Robert D. Farley, Executive Director, DRCOG: Carol M. Langley, Executive Secretary, DRCOG; and various members of the DRCOG Staff. • I • - • • • COUNCIL MINUTES JANUARY 16, 1980 Page two • • • Chairman Thornton called the meeting to order at 7:35 p.m. Roll was called and a quorum declared present. Public Hearing on the Clean Water Plan Chairman Thornton convened the Public Hearing in accordance with established Council procedures for public hearings on the Clean Water Plan Amendments. The Plan Amendment discussed is entitled, "Evaluation of 208 Management Agency Designations In The Denver Region." A number of persons submitted comments and written testimony and a complete summary of the proceedings is attached to and made a part of the file copy of these minutes. Final action will be requested by Council at its February meet- ing on the plan amendments. The February meeting will be held on February 20, 1980 at 7:30 p.m. in the DRCOG Offices. The Public Hearing adjourned at 8:05 p.m. After a brief recess, the Chairman called the DRCOG Council meeting to order. Minutes of December 19, 1979 On motion by Mrs. Durdy, supported by Mrs. Anderson, Council unanimously approved the minutes of the December 19, 1979 meeting as submitted. Summary of the Executive Committee Meetings of December 19, 1979 and January 2. 1980 Chairman Clement referred Council members to the summaries of the meetings included with the agenda, and highlighted several items of particular signifi- cance • Report of the Chairman Chairman Thornton summarized discussions to date of the Program Committee and other Council members who attended the last policy workshop. He re- viewed the status of those discussions and anticipated future activities. The group agreed that all Council members and their local elected colleagues need to develop greater awareness of, and support for, DRCOG with the public, the legislature, and special groups through the Council as a whole and by individual missionary work. Staff is preparing a number of papers on specific • I • - • • • COUNCIL MINUTES JANUARY 16, 1980 Page three • • • aspects of strengthening DRCOG, including (1) review and update of the A-95 policy, (2) strengthening functional plans, (3) developing criteria for activities where there are no regional plans, (4) plan or project referral criteria, such as thresholds, and (5) suggestions for state and federal agency support for DRCOG's plans. Thus, Phase I, the Policy Retreat, Phase II, the just-con- cluded discussion, being completed, Phase III, discussion of the specific staff papers on strengthening DRCOG, should begin as they become available from staff. Resolution Reaffirming Support For The Centennial Parkway/C-470 And Urging Prompt Federal Action Approving The Protect Mr. Kinstlinger, Executive Director, Colorado Department of Highways, noted that he had briefed Council several months ago stating at that time that a meeting with Secretary Goldsmith, DOT, was being planned, The Governor called Mr. Goldsmith, who said that he didn't think this project was in trouble and that a high level meeting wasn't necessary and urged that the final EIS be resubmitted in response to concerns that the DOT staff had expressed. The concerns dealt primarily with President Carter's new Urban Initiatives in an attempt to strengthen center city vitality and avoid unnecessary urban city sprawl. He noted that the revised FEIS should be ready for submittal back to Washington before the next DRCOG Council meeting and in that regard he re- quested approval of a resolution to include with the EIS reaffirming support for the Parkway and urging prompt action by the Federal Government. Council on motion by Mayor Miller, supported by Mr. Clement, unanimously adopted Resolution No. l, 1980, A Resolution Reaffirming Support For Centennial Parkway/ C-470 And Urging Prompt Federal Action Approving The Protect. (A signed copy of Resolution No. l, 1980 is attached to and made a part of the file copy of these minutes.) Resolution in Memoriam of Ben Bezoff Council on motion by Mr, Smith, supported by Mr. Meier, unanimously adopted Resolution No. 2, 1980, A Resolution In Memoriam Of Ben Bez off. (A signed copy of Resolution No. 2, 1980 is attached to and made a part of the file copy of these minutes.) Report of Committees Citizens Advisory Committee -Mr. Pampu, DRCOG Deputy Director, directed Council to a summary of recommendations • I • - • • COUNCil. MINUTES JANUARY 16, 19 80 Page four • • • attached to the Council agenda. There were three recommend- ations from the committee, i.e. the first deals with an issue concernirv;i an amendment to the recently amended Transportation Improvement Program. The second recommends that Council adopt the 1980-84 TIP; and third, the CAC has reviewed and con- curred in the various elements of the Transportation Plan over the past several months and recommends that Council approve an annual reaffirmation of the Plan as beirv;i in accordance with Federal regulations governirv;i the transportation plannirv;i pro- cess. Presentation Of "Economic Development Profile" And Authorization For The Chairman To Appoint An Economic Development Adviscry Committee Mr. Goods tat, DRCOG Staff, explained that the program was initiated in April and is funded by a grant from the Economic Development Administration. The goal of the program is to establish a process involving the public and private sectors of the region through which an economic development strategy can be formulated and carried out. Initially, the Economic Planning Task Force was created this past summer to assist DRCOG in the preparation of an economic profile of the Denver region. The task is near completion and a final report was distributed to Council describing the region's economic base and growth prospects. As a second step it was recommended that an Economic Development Advisory Committee be established for the purpose of developing and proposing to the Council strategies for meeting regional economic needs. The narrative attached to the agenda described the membership composition and duties of the committee. Mrs. MUler noted that the Program Committee had unanimously recommended favorable action by Council on establishment of the committee. Council on motion by Mrs. Miller, supported by Mrs. Durdy, unanimously authorized establishment and appointment by the Chairman, of an Economic Develop- ment Advisory Committee. Adoption of the 1980-84 Transportation Improvement Program (TIP) Mr. Scheuernstuhl, DRCOG Staff, reported that the 1980-84 Transportation Improvement Program contains a program of surface transportation projects to be implemented dor the years 1980 through 1984. The TIP is prepared anr.ually by the Denver Regional Council of Governments in response to Federal Regu- lation 450.300 Title 23 U .S. Code. • I • - • • COUNCIL MINUTES JANUARY 16, 1980 Page five • • • As the basis for federal participation in highway and transit projects, the TIP lists all projects to be federally funded in the coming fiscal year which is termed the Annual Element and the following four years. The Annual Element for transit projects is from January 1, 1980 through December 31, 1980, where- as the Annual Element for highway projects begins on July l, 1980 and goes through June 30, 1981. In addition to providing a listing of all projects to be implemented, the TIP also describes the nature of the project to be constructed or implemented, the general location and the funding to be provided by both federal and local funding sources. Several of the summary figures, maps and project descriptions are either blank or in rough draft form. Summary figures and maps are blank because any changes in individual projects would change the figure or map. These figures will be reproduced in the final Council adopted version. Rough draft versions have been inserted of Figures 1, 7 and 8 to allow an overview of expenditures. Major project narrations are also in rough draft form, for while these narratives and complementary location maps are completed and ready for photo processing, making changes would become time consuming and expensive if they were re- duced in size for photocopying now. Finally, the tables listing Interstate Transfer projects will be recalculated to allow the inclusion of the most recent revenue projections. These third quarter revenue projections are based upon the newest construction price index avail- able. The Transportation Committee reviewed the TIP on January 9, and recommended an amendment to the resolution to state that the projects included in the re- solution projects requested by the SIP and projects which demonstrate potential air quality benefits on the basis of specific analysis and projects which respond to the safety needs of the elderly and handicapped are deemed to be in harmony with the State Implementation Plan. Additionally, a sheet was distributed to Council noting several recommended revisions by the Transportation Committee on several projects. These revisions are included in the TIP before Council at this meeting. Council on motion by Mrs. Miller, supported by Mr. Meier, unanimously adopted Resolution No. 3, 1980, A Resolution To Adopt The "1980-84 Transportation Imp~nt~ID·" (A copy of Resolution No. 3, 1980 is attached to and made a part of the file copy of these minutes.) • I • - • • • COUNCIL MINUTES JANUARY 16, 1980 Page six • • • Recommendation From The DRCOG Water Resources Advisory Committee Relative To Mapping And Regulation Of Flood Plains In The Denver Region Mr. Farley explained that this issue was brought to the DRCOG Council by the Water Resources Advisory Committee after the committee's discussion with the Urban Drainage and Flood Control District. Mr. Scott Tucker, executive director of the District spoke to the issue and stated that the Federal Emergency Management Agency, which is involved in flood insurance, was being urged through this resolution to utilize the flood plain designations of the Urban Dain- age District in their program. FEMA requires flood plain delineations using existing land use conditions. The Urban Drainage District already has mapped the flood plains using future land use conditions. This causes considerable confusion and extreme hardship on the part of local governments. Using the local flood boundaries of the District would insure regional consistency, more effective regulation programs and would eliminate the need for the federal agency to remap all the flood plains. It was also requested that the DRCOG Chairman forward copies of the resolution to the Federal Emergency Manage- ment Agency, the Colorado Water Conservation Board and other appropriate agencies to document the Council's position on flood plain mapping and regulation. Council on motion by Mrs. Miller, supported by Mr. Foster, unanimously adopted Resolution No. 4, 1980, A Resolution Relative to the Mapping and Regulation Of Flood Plains In The Denver Region. (A signed copy of Resolution No. 4, 1980 is attached to and made a part of the file copy of these minutes.) Distribution Of FY 1980 Assisted Housing Resources Mr. Howell, DRCOG Staff, briefed Council noting that the region is expected to get a maximum of 1005, and more likely even fewer, assisted housing units for 1980. The Department of Housing and Urban Development asked for a distribution recommendation from DRCOG in line with the Regional Housing Opportunity Plan. The Council was asked to approve a proposed distribution of these units. In determining a recommended distribution, staff was limited to the total number of assisted units in each of eight program categories as indicated on a table mailed with the agenda. Staff was then guided by the following factors, i.e. RHOP fair share goals and outreach targets; the 1979 Annual Assessment of Housing Performance; feasible project sizes; and quality development proposals already received by HUD and the Colorado Housing Finance Authority (CHFA), remaining from last year's funding round. The action requested of Council was approval of the figures for HUD to distribute units in acccrdance with the table discussed, so far as is practicable. Any deficiencies not met this year, can be given priority in next year's distribution • • I • - • • COUNCIL MINUTES JANUARY 16, 1980 Page seven • • • Of the maximum 687 new and existing units allocated to the region, .Arvada would recieve 50, Aurora 25, Boulder 77, Denver 75, Englewood SO, Littleton 41, Northglenn 4S, Thornton 10, Westminster lS, Brighton 80, Arapahoe SO, Broomfield 50 and Jefferson County 119. Of the total 318 rehabilitated units allowed, 260 were allocated to Denver and 58 to the City of Lakewood. Mr. Howell, noted that the Housing Advisory Committee had unanimously recommended Council approval of the distribution figures as discussed. Council on motion by Mrs. Miller, supported by Mr. Clement, unanimously approved the proposed Distri- bution Figures as discussed. Adoption Of Proposed Project Review Policy Mr. Johnston, DRCOG Staff, explained that when the Program Committee con- cluded its discussion of "Strengthening DRCOG" one of the proposals, as one element of the overall strategy, is a new comprehensive DRCOG project review policy. The new policy would have the major purpose and objective of im- plementing the DRCOG Regional Growth and Development Plan and functional plans. A draft of the proposed policy was prepared by staff and is presented to Council at this meeting for consideration. Mr. Johnston summarized for Council the current review process and need for policy revision, as well as the proposed draft policy. Members felt additional time was necessary to review the policy in more detail and suggested post- poning action. Council on motion by Mr. Cook, supported by Mr. Walker, unanimously moved to table action on adoption of the Pro- posed Project Review Policy to the next regular Council meeting. Report of the Nominating Committee on Election of 1980 Council Officers It was explained by Mrs. Durdy, Chairman of the Nominating Committee for 1980 that no action was required at this meeting. Election of Officers will take place at the February Council meeting in accordance with the .Articles of Association. The Nominating Committee has recommended the following slate of nominees for 1980 Officers: Vesta H. Miller, Chairwoman; Frederick Fisher, Vice Chairman; and Carl Winkler, Secretary-Treasurer. Nominees have all been contacted and have indicated their willin9ness to serve in the above offices • I. • I • - • • • COUNCIL MINUTES JANUARY 16, 1980 Page eight • • • In accordance with the Articles, nominations may be made from the floor at the February meeting, provided that the consent of the nominee is obtained in advance. Briefing on the Stapleton Master Airport Plan Dr. Dick Veazey, Airport Planner at Stapleton, briefed Council on the progress to date on the Stapleton Master Plan fer the airport expansion. He reviewed the Study Scope through the year 2000. He discussed three proposed alter- natives of from one to three additional N-S runways and the various require- ments and costs associated thereto. A slide presentation was given describing specifics of the three alternatives. These recommendations were sent to the Stapleton .Advisory Committee and comments should be forthcoming soon. Once the study is completed around April, 1980, the Manager of Public Wor!<s will make the decision on a course of action. Briefing On The DRCOG Metro Airport Site Selection Study Mr. Farley stated that this study has been underway for about six months now and is charged with development of a new site, development of a new institu- tion, and of costs for such a new airport. Mr. Scheuernstuhl, DRCOG Staff, explained that there are three phases to the study. The first phase is a midway and is identifying the issues and the types of policies that need to be set to provide the basic groundrules fer the study. This phase of the study will be addressing what institution should own and operate the new airport. The first phase will also look at areas, i.e. majcr tracks of land within the search areas already identified, not necessarily where an airport would be located, but looking at tracks to identify whether the land would be acceptable for majcr airport development. Further briefings will be forthcoming on the progress of Phase I, as well as the work to be completed in Phases II and III • Minority Intern Program Briefing Now in its ninth year of operation, the Minorities in Urban Administration Program assists in the development of professionally prepared minorities and facilitates their placement into top and middle-level government positions. In doing so, the program provides an opportunity for minority persons to ac- quire a master's degree from the University of Colorado in the field of public administration, urban affairs, or environmental design. As a participant in the program, each student has an opportunity to obtain actual work experience as an intern with a local unit of government. • I • - • • • • • .• COUNCIL MINUTES JANUARY 16, 1980 Page nine • • To date 114 persons have successfully completed the work study program, and most have found employment in management related positions with a variety of government agencies. Presently, 17 persons are participating in the program. Of this number, five are Black, ten are Chicano, one is Asian-American, and one is American Indian, including five women and twelve men. All of the participants are currently enrolled in graduate school. Six of these participants have already completed 800 hours of internship work with a local agency and are finishing academic requirements. One student is currently working with a local agency, and the placement for internship of the remaining nine students has been initiated. Funding is provided by DRCOG ($13,400). participating local units of govern- ment ($46,600) and HUD's 701 Work Study Program ($120,000). Report of the Executive ptrector Mr. Farley, Executive Director, repa-ted on the following items: 1. Notice was mailed this date inviting new Council members and alternates to attend an CXientation Session scheduled for January 31, 1980 at 3:30 p.m • at the DRCOG Offices. current members and alternates wishing a l:riefing to be brought up-to-date are also welcome to attend. Reservations should be made with Carol Langley in the Executive Office. 2. A workshop for Local Community Development and Housing Officials to discuss the new developments and opportunities in the community development block grant program is being held on January 30, 1980 from 9 a. m. to Noon in the DRCOG Offices. The workshop is sponsored and conducted by the Denver Regional Council of Governments. 3. Mr. Farley attended, by invitation, a one day conference at the White House, entitled ''White House Conference on Regulatory Reform" during January. More information on that meetilYJ will be forthcoming in the future. 4. A letter was distributed for Council's information from Governor Lamm thanking DRCOG for its support and assistance to the State's water quality management efforts under Section 208 of the Clean Water Act. He stated that the advice and assistance of the Polley Advisory Group has aided his office, the 208 Executive Committee, and State staff in certifying five designated area 2 08 plans. He ls looking forward to the Council review of the State's non- deslgnated area plans. • • I • • • - - • • COUNCIL MINUTES JANUARY 16, 1980 Page ten • • • 5. The DRCOG Annual Banquet is tentatively scheduled for March 19, 1980 and will combine a meeting with the awards banquet and a celebration of DRCOG's 25th Anniversary. Other Matters By Members Sharon Carr, new DRCOG Council representative from Lakewood, introduced Lakewood's new alternate Councilman, Arvin Michel. Ad!ournment There being no further business, the meeting adjourned at 10:45 p.m. ATTEST Robert D. Farley Executive Director William J. Thornton, Chairman • I • -• • • MINUTES OF ENGLEWOOD HOUSING AUTHORITY REGULAR MEETING January 23, 1980 The regular meeting of the Englewood Housing Authority was called to order by Vice-Chainnan Betty Beier at 5:45 P.M. at the Simon Center, 3333 South Lincoln, Englewood, Colorado. Roll Call Members Present: Members Absent: Others Present: Thomas J. Burns, Chairman -arrived at 6:00 P.M. Betty Beier, Vice-Chairman Beverly Bradshaw Cindy Peterson Rev. J. Stanley Fixter Mike Reddy, Executive Director Toni Morris, Associate Housing Coordinator Jim Keller, Executive Director, Downtown Development Authority Recording Secretary Reading and ¥eroval of Minutes The approval of the minutes of December 19, 1979 was postponed until a quorum ~ of Colllllissioners who attended that meeting were present. • The minutes of the special meeting on January 15, 1980 were considered for approval. MOTION CINDY PETERSON MOVED ANO BEVERLY BRADSHAW SECONDED THE MOTION TO APPROVE THE MINUTES OF THE SPECIAL MEETING ON JANUARY 15, 1980. THE MOTION CARRIED AS FOLLOWS: Section 8 Existing Rep0rt AYES: BETTY BEIER BEV BRADSHAW CINDY PETERSON NAYS: NONE ABSENT: THOMAS J. BURNS REV. STAN FIXTER The discussion of the application for additional Section 8 units was postponed until Mr. Burns arrived. Mr. Reddy stated that a letter in reaponae to the proposed fair market rent structure was submitted by the staff. 'ftlia reaponae was submitted during the regular connent period that the Federal Reqiater has aet up -for proposed I • - • • • • • • rule changes. The letter indicates that the proportion that they judge one and two bedroom versus three and four bedroom increases is not realistic. The three and four bedroom units in our area seem to increase at a higher proportion than the one and two bedroom units. Mr. Reddy stated that there are not man y three and four bedroom units available in Englewood within FMR. Mr. Reddy then discussed the status report for Section 8 Existing. Mr. Keller, Executive Director of Downtown Development Authority, stated that the EDDA Board hired Kelly Oliver as the architect to proceed with the cleanup and repair of the Public Service lot which is going to provide benefits such as parking. Mr. Keller stated that the EDDA Board discussed the formation of a Downtown Business Association with a paid Executive Director. Discussion ensued regarding this matter. Upon Mr. Burns' arrival, the minutes of the regular meeting of December 19, 1979 were considered for approval. The following changes were recommended: Page 2 Page 2 first paragraph; change waiting list to waiting lists under "Rehab Report", third paragraph, delete the sentence "The issue is who physically holds the deed of trust, the Bank or the Housing Authority. Add "Therefore, the Bank and the Housing Authority agree with the Bank's wishes with the understanding that the Bank's tax-exempt status may be questioned." MOTION CINDY PETERSON MOVED AND BETTY BEIER SECONDED THE MOTION TO APPROVE THE REGULAR MINUTES OF THE DECEMBER 19, 1979 MEETING AS AMENDED. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: THOMAS J. BURNS BETTY BEIER CINDY PETERSON NONE REV. STAN FIXTER Application for Additional Section 8 Existing Units Mr. Reddy stated that this application for additional Section 8 units was discussed by the staff and the staff recommends to the Board that we apply for 10 additional units of Section 8 Existing. Mr. Reddy stated that this will not add any additional burden to the staff because of the CETA intern who will be working with the Section 8 Program. Having the CETA intern on staff to help with the Section 8 Program will show us if we need additional staff on a full-time basis to operate the program. Mr. Reddy stated that if we do not apply for additional Section 8 Existing units when offered by HUD, this indicates to HUD that we are not interested in the Section 8 Existing Program. This in turn can affect future applications we submit. Ms. Morris stated that we will ask for seven two-bedroom units and three one- bedroom units. We do not have the demand for three and four bedroom units and -2- • ' I • - - • • • • .. • do not have many three and four bedroom units in Englewood within fair market rent. Discussion ensued regarding this matter. Mr. Reddy stated that the staff reconanends to the Board that the Authority apply for 10 additional units composed of seven family and three elderly units or six family and four elderly units. MOTION BEVERLY BRADSHAW MOVED AND BETTY BEIER SECONDED THE MOTION TO APPROVE THE APPLICATION FOR TEN ADDITIONAL UNITS OF SECTION 8 EXISTING HOUSING. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: THOMAS J. BURNS BETTY BEIER BEVERLY BRADSHAW CINDY PETERSON NONE REV. STAN FIXTER Ms. Morris gave a report on the meeting on January 17th with Section 8 adminis- trators from Housing Authorities in the Denver metro area. She stated that once a month Section 8 administrators get toqether to discuss problems with running the Section 8 Program. The group tries to prevent burnout, inform each other of new rules and regulations and keep things moving smoothly. Ms. Morris stated that this month Englewood hosted the meeting and Al VanDemark, '41. Rehab Technician, gave a presentation on how to inspect the units. She stated that since this meeting Mr. VanDemark has taken a few administrators out to show them how to inspect units and what to look for. Ms. Morris stated that one point that needed to be dealt with at this January meeting was how to tell ' • a landlord there are problems with the units that need to be repaired. Ms. Morris stated that this group is excited about the way HUD responds to them since they have been working toqether in dealing with HUD. Mr. Reddy stated that he was in Colorado Springs this morning for a HUD/ NAHRO training session for Public Housing. Several Executive Directors from various Housing Authorities complimented the Englewood Housing Authority on Mr. VanDemark's work with their staff. They told Mr. Reddy that they appreciated Mr. VanDemark's work as they were not aware of the severity of the problem of Section 8 units that do not meet the requirements of the program. Rehab Report Mr. Reddy stated that the staff has changed the report form for the Rehab Program. In the past we have just given the Board the number of loans actually worked on. This format will give more detail information and show where the money is at in each of the fund categories. Mr. Reddy stated that the Bank Agreement with the Englewood Housing Authority is in Clete Gasson's office. The Bank will sign the agreement as soon as they get the participations off to the other Banks on the previous agreement before they enter into the new agreement. The holdup on this is that with the previous agreement we were assigning the deeds of trust to the Bank. This has to be completed before Continental National Bank sells the participation offer to the other two Banks that were involved in the past proqram. Once this is c ompleted Mr . Gasson will sign the agreement. Mr. Reddy stated that we have -3- • I • - • • • • • • gone ahead and indicated that we have Bank funds of $350 ,000 as of January . The reason we stated this is that we had loans from our last loan program that went over the last amount. We have deplete d the p a s t amount of loan money a nd are now beginning to use the new amount. Mr. Reddy stated that the staff doesn't feel there will be a problem with this because by the time the money is actually expended, the agreement will be signed. Mr. Red d y c larifi e d that there are loan approvals being made but no disp ursements of money being expended. Ms. Morris discussed a possible foreclosure case on one of the Rehab loans which was previously brought to the Board in April of 1979. Ms. Morris stated that this client was previously told that the EHA Board approved the move to foreclose on the property; this client then promptly made up back payments. However, this client has not made a payment since then. Ms. Morris stated that she wrote this client another letter yesterday stating that her case wil l be presented to the Board on Wednesday to discuss foreclosure proceedings. After that date she will have one week to respond with an acceptable solution to the problem or we will give the case to our attorney. MOTION BETl'Y BEIER MOVED AND CINDY PETERSON SECONDED THE MOTION TO INSTRUCT THE STAFF TO INITIATE FORECLOSURE PROCEEDINGS ON THE DELINQUENT REHAB CLIENT. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: There was a short break for dinner. Public Housing Project #C0-48-2 THOMAS J. BURNS BETTY BEIER BEVERLY BRADSHAW CINDY PETERSON NONE REV. STAN FIXTER Mr. Burns stated that last Friday, January 18th, the EHA's attorney, Kirk Wickersham, Mr. Reddy and himself met with Security Pacific's representative, Cliff Jenkins, to discuss the purchase price we had offered them for the proposed elderly high-rise site. An option contract on the land was discussed at this meeting. Discussion ensued regarding this matter • Budgets -Housing Authority 0perations and Simon Center Mr. Reddy discussed these budgets. He stated that the Housing Division was considering doing away with the Housing Authority Operations budget. However, under the Housing administration budget we would not be able to send a Conunission- er or one of the staff to a conference without permission from the City because this is a City operating budget. Therefore, we have a separate budget that will give the Authority some discretion. This budget deals with Housing Authority business, not Housing Division business. Discussion ensued regarding the Housing Authority operations budge t. -4- 1. • I • - - • • • • • • MOTION BEV BRADSHAW MOVED AND CINDY PETERSON SECOODED THE MOTION TO APPROVE THE OPERATIONS BUDGET OF THE HOUSING AUTHORITY FOR 1980. THE MOTION CARRIED AS FOLLOWs: AYES: NAYS: ABSENT: THOMAs J. BURNS BETTY BEIER BEVERLY BRADSHAW CINDY PETERSON REV. STAN FIXTER Discussion ensued on the Simon Center budget. Mr. Reddy explained this budget in detail. MOTION CINDY PETERSQN MOVED AND BEVERLY BRADSHAW SECONDED THE MOTION TO ACCEPT THE SIMON CENTER BUDGET FOR 1980. THE MOTION CARRIED AS FOLLOWs: AYES: NAYS: ABSENT: THOMAs J. BURNS BETTY BEIER BEVERLY BRADSHAW CINDY PETERSON NONE REV. STAN FIXTER Mr. Reddy discussed the projected maintenance cost sheet for the Simon Center. These are the line items for improvements to be put into the building during the coming year. Discussion ensued regarding improvements needed at the Simon Center for the coming year. Director's Choice Mr . Reddy discussed the letter from the Mayor of Englewood to Art and Mary Conrad, Managers of the Simon Center, which thanked them for the tour of the Simon Center on Saturday, January 19th, after the Mayor's Coffee. Mr. Reddy stated that the Conrade escorted the new City Council around the building and discussed the building in detail . Ms. Bradshaw stated that she was very impressed with the Simon Center. She stated that it seemed that the majority of the residents were pleased with the building • There being nothing further to discuss, the meeting was adjourned at 9:30 P.H. -s- • I • - - • • • • • ' l • The Englewood Housing Authority Minutes of the January 23, 1980 Regular meeting were officially approved the the Commissioners on February 27, 1980. Executive Director Englewood Housing Authority ' ,,_ • I • • () • • • ENGLEWOOD PUBLIC LIBRARY ADVISORY BOARD February 5, 1980 5 E .1 The Englewood Public Library Advisory Board met for its organizational meeting on February 5, 1980, at 7:30 p.m ., in the Library Meeting Room. PRESENT: ABSENT: ALSO PRESENT: Merlyn Beaver, Bob Currie, Bruce Hogue, Howard Morarie, Jr., Dalton L. Nordyke, Joe Rathburn, Lois Sterling and Dorothy Wheelehan. Norman W. E. Kerswill Councilwoman Betty K. Keena Mrs. Merlyn Beaver Sharon L. Winkle, Director of Libraries Eileen E. Browne, Recording Secretary There being a quorum present Chairman Sterling called the meeting to order at 7:35 p.m. Councilwoman Keena requested a few minutes to explain to the Board why its request for the appointment of a Council member to the Library Advisory Board had not been granted. City Council had received applications from 23 excellent candidates to fill the 21 vacancies on the various Commissions and Boards. Council felt that it is very important to have as much citizen participation on all the Commissions and Boards as possible. The City Council is very interested and wants to support and assist the Library Advisory Board in any feasible way. Upon invitation a Council member will attend any future Board meetings. In order to get better acquainted each Board Member both current and newly- appointed gave a brief personal history and their reasons for volunteering to become Board members. Howard Morarie made the motion: To approve the minutes of the January 8, 1980, meeting as recorded. Seconded by Merlyn Beaver; the motion carried unanimously. ELECTION OF OFFICERS: Joe Rathburn moved : To nominate Lois Sterling for a second term as Chairman. Seconded by Merlyn Beaver. Lois stated that she would prefer not to be a candidate at this time. I, • I • • - • • • • • • -2 - Merlyn Beaver made the mot i on : To nominate Dorothy IVhe e l e han as Chairma n. Seconded by Bob Cur r ie. How a rd Morarie, mo ved: To c lose the nomin ations. Seconded by Dalton Nordyke; Dorothy Wheelehan was unanimously elected as Chairman. Merlyn Beaver moved: To nominate Dalton No r dyke as Vice Chairman. Seconded by Bruce Hogue. Mr. Nordyk e decline d the nomination due to ill health. Dalton Nordyke made the made the motion: To nominate Howard Morarie as candidate for Vice Chairman. Seconded by Dorothy Wheelehan; Bruce Hogue moved: To close the nominations. Seconded by Joe Rathburn; the motion carried unanimously, Howard Morarie was elected Vice Chairman. DIRECTOR'S REPORT: The Director discussed the contents of the Advisory Board Briefing Books; presented the Annual Na rrative Report; described her thoughts as to what the goals and objectives of th e Libra ry Ad visory Board and the Library should be to properly serve the community; explained charts showing the cir cu lation and reference activities trends in th e Central Library, the Bookmobile and the IMC's over the past five-years. In response to a question from Mr. Hogue Ms. Winkle stated that she felt this was a healthy ci r c ul a tion for a Library this size , in a community this size, with one third o f the residents being Library cardholders . The Director informed the Board that a member of the Denver Public Library Board had requested to make a presentation at the March 11, 1980, meeting regarding the Colorado Resource Center and to seek Englewood's support in attempting to get additional State funding. The Board agreed to receive such a guest speaker. Also planned for the March 11, meeting will be a tour of the Englewood Public Library for the Board . • . . I • ) - - ' ' • • ' • • • • -3 - MEMBERS' CHOICE: Bob Currie inquired if it was too soon to start planning for the Annual Book Sale. Dorothy Wheelehan stated that she felt it would be a good time to start forming committees and Sharon Winkle adde that she felt very strongly that Board members should not do the actual physical work of sorting the books for the sale. She also stated that arrangements had been made for year-round sale of donated books and books withdrawn from the collection in the Central Library. Money from these sales is being placed in theDonor's Fund. Howard Morarie, Jr ., asked for a report on this income at the ~larch meeting. There being no further business the meeting adjourned at 9:00 P·•· • I • • ,,-.;In - • • • • . . • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION February 5, 1980 I • CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order by Chairman Tanguma at 7:00 P.M. Members Present: Draper, Pierson, Smith, Tanguma, Williaas, Becker, Carson Wanush, Ex-officio Members Absent: McBrayer, Barbre Also Present: Assistant Director D. A. Romans; Associate Planner Alice L. Fessenden; Commission Member elect Milton Senti II. RE-ORGANIZATION OF PLANNING COMMISSION. Mr. Tanguma stated that as the first order of business, the Planning Cc>11111ission would elect a Chairman and Vice-Chairman for the ensuing year. Mr. Tanguma called for nominations for the position of Chairman. Mr. Carson nominated Mrs . Judith Pierson as Chairman of the Planning Co .. ission. Mr. Williams seconded the nomination. Mr. Tanguma asked if there were further nominations for Chairman? No further nominations for Chairman were made. Tanguma moved: Carson seconded: The nominations be closed and Mrs. Pierson be elected Chairman of the Planning Commission. AYES: Carson, Draper, Pierson, Smith, Tanguma, Williams, Becker NAYS: None ABSENT: Barbre, McBrayer The motion carried . Mrs. Pierson assumed the Chair, expressed her appreciation in being elected Chairman, and opened the floor for nominations for the position of Vice-Chairman. Mr. Smith nominated Mr . Draper as Vice-Chairman. Mr. Tanguma seconded the nomination. Mrs. Pierson asked if there were further nominations for Vice- Chairman? No further nominations were made • • I • - • • • • • • -2- Smith moved: Carson seconded: Noainations be closed, and Mr. Draper be elected Vice-Chairman. AYES: Becker, Carson, Draper, Pierson, Smith, Tanguaa, Williams NAYS: None ABSENT: Barbre, McBrayer The 110tion carried. llrs. Pierson stated that the Planning co .. isaion baa four new 11e11bera which were appointed by City Council on February 4th. Mr. Don Williaaa, foraer City Councilaan, was appointed to a four-year tera on the Planning co .. ission, as were Mr. Milton Senti, also a foraer City Councilaan and Mayor, and Mr. Ed McBrayer. llr. Doyet Barbre was appointed to a one-year term. Mrs. Pierson noted that llr. Senti's tera will begin March 24, 1980, and that until Mr. Senti assumes that position, former Councilaan Don Saith has been asked to serve. Mrs. Pierson stated that she understood Mr. McBrayer was ill and unable to attend the aeeting, and that Mr. Barbre had a conflict and was also unable to attend. Mrs. Pierson welc0111ed Mr. Williams back to the co .. ission . III. APPROVAL OF MINUTES. Chairaan Pierson stated that the Minutes of January 8, 1980, were to be considered for approval. Draper llOVed: Carson seconded: The Minutes of January 8, 1980, be approved as written. AYES: Becker, Carson, Draper, Pierson, Tanguma NAYS: None ABSTAIN: Williams, Smith ABSENT: Barbre, McBrayer The motion carried • IV . CENTURIAN PARTNERSHIP Planned Development CASE #27-79 Mrs. Pierson stated that this matter has been continued from the Deceaber 4, 1979 and January 8, 1980 meetings to this date. Tanguma moved: Smith seconded: That Case #27-79 be brought fran the Table for Public Hearing. AYES: Tanguma, Williama, Becker, Carson, Draper, Pierson, Smith NAYS: None ABSENT: Barbre, McBrayer The 11e>tion carried. • I • - c • • • • • -3- Mrs. Pierson asked f or the sta f f presentation. Mrs. Romans stated that the purpose o f the Public Hearing is to consider a request for approval of a Planned Development in Northwest Englewood. This area was annexed to the City of Englewood in 1957 . The property between Zuni and Tejon, from the Vassar /College alley to the Evans /Adriatic alley was zoned R-1-D, Single-family Residence, upon annexation, which zone classification was changed to R-1-C, Single-family Residence, when the Comprehensive Zoning Ordinance was revised and adopted in 1963. The land was then zoned to R-2-C, Medium Density Residence, in 1976. Centurian Partnership has purchased property between West Iliff Avenue and West Caspian Place to the west of South Tejon Street . Dr. Oliver and Mr . Joe Adams are the principals in the Centurian Partnership. Mrs. Romans stated that the R-2-C Zone classification permits a maximum of 14 dwelling units per acre, with a minimum lot frontage of 50 feet, and a minimum lot area of 6,000 square feet. The purpose of a Planned Development is to allow flexi- bility in developments and the process requires a Public Hearing before the Planning Commission and the City Council. At such time as a Planned Development is approved, it is recorded in the Arapahoe County Clerk and Recorder's office, and any de- velopment of the site must be in conformance to the recorded Development Plan. Centurian Partnership is proposing to construct five duplexes, or a total of 10 dwelling units on their acre of land, Mrs. Romans pointed out that the R-2-C Zone District will permit no more than two units to be attached. The Comprehensive Plan shows this area to be developed as medium density, The develop- ment in the residential area since annexation has been keyed to getting additional right-of-way for West Baltic Place, West Caspian Place and West Hillside Avenue, because some property owners who have contacted the City have indicated that they did not want to maintain the large lots, and wanted to develop the back half o f the lot . These property owners have dedicated the right-of-way to the City to provide access to the rear of the lots and provide a second building site on their property. There have been dedications of right-of-way for West Caspian Place and West Baltic Place, and people in these blocks want to begin development when the dedications are completed. Most of the right-o f -way has also been dedicated for West Hillside Avenue. Mrs. Romans stated that there is considerable activity going on in this area . Mrs. Romans stated that there is a 14-foot easement in all of these blocks for utility installations. In the blocks where right-of-way has not been dedicated and there are re- quests for building permits, water and sewer service would be extended through this 14-foot easement . • I • - 0 • • • • • -4- Mrs. Romans stated that the staff has been working with the principals of Centurian Partnership for several weeks, and that the Plan before the Commission at this time is the second one to be submitted, and is identified as Plan #2. There is an eight-inch water line and an eight-inch sewer line in West Iliff Avenue, from which three of the lots will be serviced. Plans are being made to extend water and sewer lines in West Caspian Place to provide service to the remaining units which will front on that street. The plan proposed by Centurian Partnership is for the construction of five duplexes. Building Permits have been approved for four duplexes, two fronting on West Iliff Avenue, and two fronting on West Caspian Place. Access to the fifth duplex, located in the center of the property, would be by a private roadway extending south from West Iliff Avenue. Water and sewer service for the fifth duplex would be installed in this roadway, which would be in- cluded in the ownership of Lot 3, the Lot on which the fifth duplex is proposed. The Development Plan has been designed in this way because the Utilities Department has a policy whicb prohibits extending a water or sewer line across private property to serve a building site. The initial proposal from Centurian Partnership was to extend an easement across Lot 4, the lot to the south of Lot 3, in order to provide utility ser- vice to Lot 3. The Utilities Department would not accept this proposal, and stated that the lines must be extended in an area of "common ownership", or that the ownership of Lot 3 must include the land through which the lines are extended. The parking areas for Lots 1 and 2 would have access from the roadway owned by Lot 3 as proposed in Plan #2, which has been presented by Centurian Partnership. The staff feels that this could create problems in the future. Also, under Plan #2, a large portion of the yard which is part of Lot 3 would be across the private roadway and parking area. If this duplex were to be occupied by families, children would be crossing the private drive and parking area to reach the yard. Mrs. Romans made reference to the first plan which was submitted by Centurian Partnership, Plan #1, and contrasted it with Plan #2 on the location of the roadway, the configuration of the Lots, etc. Mrs. Romans cited areas of concern that the staff has with Plan #2, these being: 1 . The parking areas do not meet the minimum standards. 2 . The private driveway has been shown as 14 feet rather than the 16 feet as was indicated on Plan #1. The staff feels that the 14 feet could be rather "tight" for maneuvering, and would suggest that the drive be at least 16 feet in width. 3. If the Planning Commission determines that Plan #2 should be approved and recommended to City Council, the staff strongly recommends that the private roadway be constructed to City specifications, and that a performance bond be posted to ensure such construction • • I • - • • • • -5- Mrs. Pierson asked if there were any questions of the staff from the Commission? Mr. Carson asked if the Fire Department had considered the proposal and if they had posed any objections? Mrs. Romans stated that the matter was referred to the Fire Department and that no objections were posed because the Department would have access to each of the structures. Mrs. Pierson asked if the applicants were present? Dr. Oliver introduced Mr. Joe Adams, and stated that he would make the presentation for Centurian Partnership. Mr. Joe Adams stated that the objective of Centurian Partner- ship was to request approval of the Planned Development for the fifth unit in an effort to realize a reduction in the cost per unit. Mr. Adams stated that they estimated that the cost of one duplex lot could be saved, and that this savings could be passed on to the eventual owners/occupants of the duplexes; he estimated that this would be between $1,000 and $2,000 per building, They also wanted to come up with a development that would coaply with the plans for this area, and they have abided by ainiaua lot areas, and other requirements . Mr. Adams stated that a problem in this area is that of street access. He stated that utility service to the two duplex units on West Caspian Place will be placed in the graveled roadway until such tiae as West Caspian Place is fully dedicated and iaproved. llr. Adaaa stated that the main problem with the initial sub- •iasion, Plan #1, was that of the water and sewer line to serve Lot 3 extending across another Lot. Plan #2 deeds part of the private drive to the owners of Lot 3, and the utility lines serving Lot 3 will be installed within this private drive. Mr. Adaas stated that the members of Centurian Partner- ship have no strong feelings about Plan #1 vs Plan #2. He stated that he felt a good solution might be to use Plan #1 and deed the drive from the centerline north to West Iliff to Lot 3. This would give private ownership to that Lot wherein the utility lines could be installed, and would eliminate the problem inherent in Plan 2 of the separation of the yard from the building across the road . Mrs. Becker asked if the only reason the applicants brought in the Plan #2 with the straight roadway line was to avoid putting the utilities across another lot? She asked if the curved driveway with the utility installation would be more costly? Mr. Adaas stated that it would probably cost a little more, but not that auch more . He stated that they would consider this drive a "private drive", and it would be reinforced concrete when iaproved. Mr. Tanguma questioned the control of traffic using this drive- way fro• West Iliff Avenue to West Caspian Place? He stated that he felt other people would try to use it if it goes through froa one street to the other . Mr. Adams stated that he did not feel people would use it, and he felt that it could be con- • I • - • • • • • -6- trolled by signing indicating that it is a private drive. Mr . Tanguma asked if this could become a problem in the future at such time as West Caspian Place is developed? Mrs . Romans stated that the staff did not see that it would be a problem. Mr. Smith noted that the staff report makes reference to a decrease in the parking area in Plan #2. He asked what they proposed to do to meet the minimum parking requirements? Mr. Adams stated that if Plan #1 was chosen with the roadway align- ment as shown, there would no longer be a problem with the parking area. Mrs . Romans confirmed that the minimum off- street parking requirements are met in Plan #1. Mr. Smith questioned the issuance of Building Permits on West Caspian Place inasmuch as it is not a fully dedicated street? Associate Planner Fessenden stated that the Building Permits have been approved for the two units on West Iliff Avenue and for the two units on West Caspian Place, but they have not been issued. Mr.Smith asked if the applicants had contacted the residents who live in the area to discuss the proposal with them? Mr. Adams stated that Dr. Oliver has talked to some of the residents who live in the immediate proximity of the site, but they did not canvass the entire area. Dr. Oliver indicated which residents they have contacted on the block aap of the area, and also indicated the properties Centurian Partnership has an interest in in addition to the subject site . Mrs. Pierson asked if the applicants chose to develop according to Plan #1 and deed the roadway to Lot 3 for utility lines, would the problems 1he staff has seen in regard to this pro- posal be solved? Mrs. Romans stated that it would solve some of tbea. llrs . Pierson asked if enough problems would be solved to make it a desirable development? Mrs. Romans stated that the Plan would first have to be referred back to the Utilities Director to see if it met his requirements . Discussion ensued . Mr. Wanusb stated that if the Commission and applicant were going to consider Plan #1, that perhaps the Hearing could be continued, and Plan #1 could be considered as a new plan. Mrs . Pierson asked if there was anyone else in the audience who wished to speak in favor of the proposed Planned Develop- ment? No one else wished to speak in favor of the Plan, Mrs. Pierson then asked if there was anyone in the audience who wished to speak in opposition to the proposed Planned De- velopment? Dwayne Skutvik 2268 West Iliff Avenue -felt that there were a lot of things • I • - • ( • • • • -7- that haven't been brought out regarding this Planned Develop- ment. Mr. Skutvik stated that he is very concerned about the controversy on the dedication of West Caspian Place. He stated that his personal feelings about five duplexes being located on a site only four houses from his home is very negative. He stated that in his opinion, the construction of the four duplexes is bad enough, but with the construction of the fifth duplex, it would be like a two-story ten-unit apartment building on this property. Mr. Skutvik stated that be felt this would be very repulsive, and that the proposed developnent would de- crease his property value . Mr. Skutvik stated that the north- west Englewood residential area is a unique area and that the residents of the area are unique. He stated that he enjoyed the large lot in his ownership, and feels that 90% of the people in the area also enjoy owning large lots . Mr. Skutvik stated that he just found out Sunday, February 3rd, that this Plannai Development was proposed . Mr. Skutvik stated that there are a lot of duplexes going up in this area since the area was zoned R-2-C in 1976. He stated that he understood it was felt the R-2-C would help the area. He pointed out there is a lot of frontage that would be very nice for single-family dwelling units. Mr. Skutvik reiterated that he is definitely opposed to the five units, and that he is in fact, opposed to four duplexes being constructed on the subject property. Mrs. Becker asked Mr . Skutvik how long he has lived in the northwest Englewood area? Mr. Skutvik stated that they have lived there about two or two and one-half years. He is in fact doing some remodeling on the house, and stated that he had gotten a rehabilitation loan from the Englewood Housing Authority to improve his home. Mr. Tanguma stated that at the time the R-2-C zoning was ap- proved, residents of the area were looking for ways to increase the school population to keep the elementary school open. One of the ways to do this was to provide dwelling units for families to move into, and it was felt that the R-2-C would provide an incentive for further residential development and redevelopment. Mr. Skutvik stated that the elementary school is closed, and the children are bused to other schools. He stated that he did not believe that duplex units bring in families with children. In bis opinion, the people who live in duplex units are those who will not be residents for a full school year. Mr. Skutvik stated that he felt duplexes were a "starter sort of thing" for young couples who move on when they can purchase their own home. Mr . Skutvik estimated that there are 20 -25 duplexes that have been developed in this area already, and be feels this is a sufficient amount for a residential area as small as that in northwest Englewood. Mr. Skutvik questioned the effect of the development of duplexes in the long-term, stating that he felt they would create more problems for the City of Englewood . He reiterated that northwest Englewood is a nice area, and they don't want to live there with five duplexes constructed just four houses down from their property • • I • • - • • • • • -8- Mr . Marshall Payson 2133 West Wesley Avenue -stated that he ms taken a straw poll of residents of the area re- garding this proposal and the zoning of the area in general. Mr. Payson stated that he would like to give the history of West Caspian Place; this street was planned in 1963, he assumed because some of the people living there at that time wanted it. This was 17 years ago and it has not been fully dedicated yet. Mr. Payson stated that he found out about this particular pro- posal about two months ago, and by the time he found out about the proposal, he also found out that people were going through the area trying to get property owners to dedicate right-of- way for the street. He stated that some of these dedications of right-of-way have been done under "false pretenses", and cited Mrs . Romero's dedication of right-of-way. She was en- couraged to dedicate the right-of-way because the developer is going to build her a duplex at-cost, but he has now determined that it will be a modular home. He stated that he has done some investigations on the cost of modular homes, the basic price of which is approximately $36,000; with the addition of a basement and other amenities the price could increase by at least $10,000 and could increase the total price to $50,000 to $55,000. He stated that he understands that the offer was made to do it for this woman for $75,000 . Mr. Payson stated he has had other people tell him they were told that if they didn't dedicate the right-of-way for the street, the City would condemn the land, install the sewer and water lines, pave the street and charge the residents for the improvements. If the street was dedicated, the cost of installing the utility lines and construction of the street would not be charged to the property owners. Mr. Payson reiterated that some dedications of right-of- way were made "under threat ." Mr. Payson cited a staff report from the Board of Adjustment and Appeals on a request for a variance for Mrs. Romero, and also cited a memo from Director of Community Development Wanush to Chief Building Inspector Pittman which stated that the variance, if granted, would not disturb the "essential character of the area ." Mr. Payson stated that he felt the "essential character" of the area is large lots, quiet, and peace. Mr . Payson questioned who was in need of the housing in northwest Englewood; the residents up there were not in need of additional housing. He suggested that perhaps with more housing, the taxes could be raised, and additional firemen and policemen would have to be hired to provide improved protection for the area . Mr . Payson pre- sented pictures of trash that were taken recently; he acknowledged that the pictures are of an area in Denver to the west of Zuni, but that this area is very similar to that of northwest Engle- wood, and the residents of northwest Englewood fear that the increased development could lead to a situation such as that which is shown in the pictures. He stated that people living in northwest Englewood are afraid of the increased trash, dogs, vandalism and transient people which the development would en- courage. Mr. Payson stated that he felt all the structures should be one story if they have to go in there; the people who live next to these duplexes that are being developed enjoy I • - • c • • • • -9- their privacy, and do not want to have people from the duplexes looking "down on them ," Mr. Payson further discussed the informal poll that was taken of the residents. He stated that it was understood that this meeting was to determine whether or not the fifth duplex would be allowed on this site. The poll was divided into questions on (1) whether they wanted the fifth duplex to be allowed on the site in question; (2) whether they were in favor of ex- tensive development in "Scenic View", and (3) if they wanted the zoning changed back to an R-1 Single-family classification. Each column had an area for responses to yes, no, or indifferent. Mr. Payson stated that if it was the City's determination that the streets should be opened in 1963, why cannot the City change its position and vacate that area that has been dedica- ted back to the property owners to prevent the streets fro• going through? Mr. Payson again made reference to the informal poll taken of the residents; he noted that the response is overwhelming in opposition to this development. The residents of the area do not want "absentee owners ." He asked if there was any zone classification that would require that the property owners live in one of the duplex units? Mr. Wanush asked Mr. Payson if it was reported to him that there were City people involved in "pressuring" people to dedicate right-of-way? Mr . Payson stated that he didn't know who was responsible for the "pressuring" tactics, but that he did not believe it was City people. He stated that property owners were told there was a new law regarding the dedication of right-of-way, to the effect that if they did not dedicate the right-of-way, the City would do it. Mr. Wanush stated that it is the policy of the City that all right-of-way dedications are made voluntarily, Regarding the installation of utilities and improvement of the streets, these costs are assessed to the property owners fronting on the particular street which is improved, or in which the utilities are installed, Mrs. Becker stated that comments have been made about two- story structures; she questioned whether two story buildings were permitted in the R-2-C zone District? Mr. Wanush stated that the height limitation is 25 feet in this zone district. The renderings of the proposed structures appear to be about 1-1/2 stories in height. Mr. Tanguma stated that Mr. Payson had indicated some dedica- tion of property was made under false pretenses; he asked that Mr. Payson cite an example, Mr. Payson stated that a particular case was the property formerly owned by Mr . Nolan; this was a corner property, and when South Tejon Street was widened, part of his property was taken for the widening and improveaent of • I • - • • • • • • -10- South Tejon Street. The same thing was experienced by Mr. Nolan on West Wesley Avenue ; someone said they were going to condemn to get the right-of-way . Mr . Payson stated that Mr . Nolan sold his property this year. He stated that he understood Mr. McBride is having second thoughts about having his contract for sale go through. Mr. Payson stated that some o f the residents of this area have lived there for 32 years, and others have moved in within the last two or three weeks. People are attracted to the area because of the large lots, and the fact that the residents can have animals in this part of town. He stated that be did not see why the area bas to be changed. Mrs. Becker stated that people should know when they moved into the area that it was zoned in this manner. Mr. Payson stated that he was one of the property owners who was in favor of allowing the aedium density zoning in an effort to keep the school open, but the school was closed anyway. There is now no need for the medium density zoning in this area. Mr. Smith stated that as he recalled the reasoning behind the zoning of the area to mediu• density, was the idea that the residents could build and own the duplexes, live in one-half and rent out the other half or sell it off . He agreed that the construction of duplexes by themselves will not increase the school population because it does not encourage a permanent school population. At the tiae the zoning was approved, most of the people in this area felt that way . Mr. Saith stated that be felt it was "stupid" to close the Scenic View School, since that area is a unique part of Englewood. He pointed out that the definition of a neighborhood school is where the children can walk to school. The zoning to allow duplexes is not working; Tt"is not increasing the school population, and unless the units are sold to individual owners the school population will not increase. Mrs. Pierson asked for further comments? Mr. Tanguma stated that when the area was zoned it was under- stood that one of the things the residents wanted to have done was to have the "alleys" dedicated to increase the building sites available in the area . Mrs. Pierson asked if anyone else wished to address the Com- mission? Mrs. Linda Puryear 2320 West Harvard Avenue -stated that there are a number of duplexes on West Harvard Avenue, and there are only three children going to school from these units. She pointed out that a lot of dUplexes are being con- structed on West Vassar Avenue, also. She stated that they purchased their property because of the large lot and the prox- imity to tbe school . She stated that they are now considering aoving because of all the duplexes that have been constructed in the area • I • - • • ( • • • • -11- Mr. Tanguma asked Mrs. Puryear if they were aware of the zoning classification when they purchased the property? She stated they were not aware of it when the property was purchased. Mrs. Puryear stated that there are problems regarding the busing of the children to school; when the weather is bad, the bus can be late anywhere from 20 to 25 minutes or 110re. She has attempted to talk to the school administration about this, but no solution has been reached . Mrs . Doris Skutvik 2268 West Iliff Avenue -stated that the plans for the develop- ment look good on paper. She stated that she could not imagine how this many duplexes (five) with parking areas would look or bow it could possibly fit in with the neighborhood. Mrs. Skutvik stated that the area is being inundated with duplexes, and that the developers are not con- cerned whether their projects fit into the neighborhood. Mrs. Skutvik stated that the property owners who live in the area have an interest in the area. She stated that it is "incredible" that Centurian Partnership is considering construction of five duplexes on the subject site ; because this will bring in 110re transient population, wb icb she felt "does not help anything." Mrs. Skutvik stated that she understood that there would be only one duplex per lot, and now finds out that as many as four can be built to a lot . David Burnett 2130 West Iliff Avenue -stated that be is a neighbor of the proposed development, and is very much against it. He stated that be 110ved into the area in 1960 to live and enjoy it, and be brought one acre at the time he relocated to that area . At the time be purchased his land, it was zoned R-1, and was later changed to R-2-C for a "duplex per lot"; be now finds that there are four building sites per lot . Mr, Burnett stated that he thought about constructing not more than two buildings on his land at one time, but was told he could not do so because of the lack of access. He questioned how the proposed development could be considered inasmuch as West Caspian Place was not fully dedicated. He stated that be would like to see the land zoned back to R-1. Mr . Burnett stated that be felt if this development is allowed, they will have "about 20 cars" parked in front of their place, and the rental units will change tenants every two or three months. Mr. Burnett reiterated his objection to the proposal. Mr. Tanguma stated that property owners who are concerned about the collection of trash should contact the City, that citations can be given to property owners and/or tenants who let the trash collect. Mrs . Amber Mosbarger 2250 West Wesley Avenue -stated that she is opposed to five duplexes on this site; she stated that she doesn't know whether she is opposed to the four duplexes. Mrs. Mosbarger stated that she is opposed to putting in a partial street on West Caspian Place, because it would be • I • - • • • • • -12- put in "only f or the bene f i t o f t he deve lope r ." She added that if West Caspian Place is opened t hrough, it would "take the back off o f the Payson house." Mrs. Mosbarger stated that some people are anxious to develop th e rear portion of their lots, but a lot o f people want to keep the extra open space. Mrs. Mosbarger stated that "the contractors come in, make their money, move on, and the property owners and resi- dents of the area are left with the problems." Mrs. Mosbarger stated that the people living in the area appreciate the view, and with the increased development, pretty soon the only thing one will be able to see will be the wall of another house . Mrs. Mosbarger stated that when the residents of the area petitioned for R-2-C zoning, they did not think the duplexes would be "scrunched" together. Mr . Skutvik asked what the width was on West Caspian Place, and what the width of a legal street is? He asked if 25 feet was considered a legal width? Mrs. Romans reported that the Engineering Division has stated that in blocks where full dedication has not been made to open the total street between South Zuni Street and South Tejon Street, they will grade that part that is dedicated in an ef- fort to cooperate with property owners and encourage development. Mr. Skutvik asked what would be done with the properties that are not dedicated? Mrs. Romans stated that nothing would be done with them until the property owner decides to dedicate the right-of-way. Mr . Sllith stated that the street width is a 50-foot rigbt-of- way, with a 44-foot roadway in most residential districts. Mrs. Romans pointed out that the roadway width is normally 32 or 36 feet in a residential area. Mr. Skutvik stated that he felt the 25-foot graveled roadway would be an "alley" rather than a roadway. He questioned that this was a legal access. He stated that residences could not be built on "alleyways" in Denver, and emphasized that the 25- foot dedication is not a full roadway. Mrs. Romans stated that since this area has been in the City, there have been people who have asked that the streets be put through, and that the staff has worked with the people who have come into the office to inquire about the streets. The City Council bas taken the position that the City will not buy the right-of-way ; it must be dedicated by the property owner. At the time the land was zoned to R-2-C, the people said they wanted to develop the area . Mrs. Romans stated that the staff bas met with property owners in the area; there have been several block meetings, and at least one general meeting held at the elementary school in the last year or so . The majority of those residents who have been interested enough to attend these meetings, have stated that they do want to develop their land and the area . At one of the general meetings, there were I • - • ( • • • • -13- representatives of the Engineering Services Division, the Utilities Department, Fire Departaent and Code Enforcement Division present as well as the Planning Division staff. The people at this meeting stated that they wanted to develop the land, and discussion centered on ways this might be accomplished. The Engineering Services Departaent bas said that if a dedica- tion of 25 feet from a point out to either South Tejon or South Zuni Streets is realized, that they would grade and gravel this portion of the street in an effort to aid the property owners in their attempts to develop the area . There is a 25-foot dedication from South Tejon Street to the property owned by Centurian Partnership, which will provide access to the duplexes to be developed on West Caspian Place. Mrs. Romans stated that the staff assumes that eventually a full 50-foot dedication will be made; the street will not be put in a paving district until the full 50-foot dedication is made. Mrs. Ro.ans eapbasized that the position of grading and graveling a 25-foot dedication was taken in an effort to cooperate with the residents and property owners of this area . Mr. Saith questioned whether the City bas allowed development in any other place where only a partial dedication bas been made? Mrs. Romans stated that there is some developaent pro- posed along West Hillside Avenue where a full dedication has not been made. Mrs . Romans pointed out that there are some properties that would be land-locked without an additional dedication of right-of-way or if the existing right-of-way were to be vacated. Mrs. Pierson asked Dr. Oliver to indicate again which properties be had an interest in? Dr. Oliver indicated properties to the south of the subject site which he had an interest in. Mrs. Pierson stated that with the properties which Dr. Oliver has an interest in, a full 50-foot dedication could be made to the centerline of the subject site; was this correct? Dr . Oliver stated that this was pretty much correct. Mr. Crosby 2186 West Iliff Avenue -asked that his property be indicated on the Block Map . He stated that according to the V.A., the rear 25 feet of his property bas never been dedicated to the City for street purposes, even though it is so indicate d on the map. He stated that he has owned this site for five years, and it was not dedicated by the prior owner either. He stated that the map is in error. Mr. Crosby stated that he had talked to Dr. Oliver at the aeeting on January 8th, at which meeting the Public Hearing was continued to this date, and Dr. Oliver indicated that he would go talk to Mr. Crosby more fully, but never showed up • A member of the audience stated that Dr. Oliver did call Mr. Crosby but Mr . Crosby was not available at that time. • • I • - • • • • • -14- Mr.Crosby s t ated that the Centurian Par t nership people have not talked to the residents of the a rea . He emphasized that the principals in the Centurian Partnership will not be living in the area with all the duplexes, but the present property owners will have to . Mr. Crosby stated that be bought a large lot on purpose ; he collects antique cars and keeps them on the lot to work on . He stated that he has erected a stockade fence around his lot, and plans to do more to improve his property. He stated that he has had to pay for curb, gutter and street improvements which were done shortly after he moved in. Mr. Crosby stated that he f elt that "this is something they are trying to cram down our throats ", and he did not feel this is right . Mr. Saith asked whether, historically, the City did not deny Building Permits to build on the back of these properties? Mrs. Roaans stated that the Permits have been denied if the access to the rear of the properties would be across a privately owned parcel when the lot was split. Mr . Smith asked if those requests which have been denied were any different from the proposed Development Plan? Mrs. Romans stated that there is a difference, and reiterated that neither access nor utilities to one lot could cut across another building site. Mr . Saith questioned that access to the parking areas for Lot 1 and Lot 2 would be from the roadway deeded to Lot 3 as shown on Plan #2. Mr . Wanush stated that an easement would have to be given to provide access to the parking areas; he stated that this is one of the reasons the staff did not recommend adoption of Plan #2 . Discussion ensued . The matter of access for emergency vehicles was further con- sidered . Mr . Smith questioned that fire trucks could maneuver the 14-foot roadway and turn into the 25-foot roadway . Mr . Wanush emphasized that each of the four duplexes do face onto dedicated right-of-way . The fifth duplex does not, but the private drive would serve that unit. Mr. Wanush stated that the various applicants have attempt ed to meet all the requirements of the various city departments, and that Plan #2 is the result . Mr. Wanusb stated that he did not believe Plan #2 was a sound plan. Mr. Smith pointed out t hat two o f the units will be fronting on a street that may never go through, referring to the two units fronting on West Caspian Place . Mr. wanush stated that he felt the City must plan based on the belief that the street will go through . I f the street is not fully dedicated, then building permits would have to be denied for the back part of those lots unless a viable Development Plan is proposed . Mr. Wanusb stated that he felt someday the rear portion of the parcels would be sold off, and unless the right-of-way is dedicated the parcels would be land-locked. He stated that the staff bas been working with the residents and property owners of the area to open the area up for development • • I • - ( • • • • • -15- Mr . Crosby stated that he was t old that if he wanted to add to the back of his house, he would have to dedicate the right- of-way first before the Planning Commission would "give him an OK." Mr. Wanush asked if Mr. Crosby recalled the depart- ment he was talking to. Mr. Crosby stated that he could not recall for sure, but thinks he was told he was talking to the "Planning Department." Mrs. Pierson asked if there were any other comments to be made by those in opposition to the Planned Development. Mr. Payson asked for clarification on Mrs. Romans' statement regarding meetings in the neighborhood. Mrs . Romans stated that there have been block me e tings, and there was also a general neighborhood meeting. Mr. Payson stated that they were not contacted regarding any such meetings . Mr. Payson asked if West Caspian Place were to be fully dedicated, would it be placed in a Paving District? Mr . Wanush stated that if the full right-of-way were to be dedicated he felt it would be reasonable to assume that West Caspian Place would be placed in a paving district. Mr. Skutvik asked who would be charged for the installation of water and sewer lines in West Caspian Place? Mr. Wanush stated that the City would stand the front end cost of the installation; but that as property owners tapped onto the lines, they would be charged for their share of the installation costs . Ms. Shirley Zezolka 2120 West Adriatic -Asked about police protection and patrolling of the fifth duplex, the unit proposed on Lot 3? Mrs. G. Burnett 2130 West Iliff Avenue -stated that Dr. Oliver has indicated that he has gotten the acre across the street on the north side of West Iliff Avenue, and wants to do the same thing on that site that he has proposed on the property under consideration. She noted that this would be a total of 20 units in this immediate area . Ms. Denise Farrell 2111 West Iliff Avenue -stated that the neighborhood is now quiet and comfortable ; with all the duplexes going in this is changing, and she will not feel "comfortable" in her own home . Mrs . Pierson declared a recess o f the Commission . The meeting reconvened at 9:15 P . M. with the following membership : PRESENT: Pierson, Smith, Tanguma, Williams, Becker, Carson, Draper ABSENT: Barbre, McBrayer • • - I • • - • • • • • -16- Mrs. Pierson :1 sked i f t he applican t would like to make a rebuttal ? Mr. Adams stated that he and Dr. Oliver have worked in good faith on this project from the start. He stated that they have not tried to mislead anyone, and questioned that they have said the things that have been attributed t o them by the opponents . He stated that the figures cited on t he duplex they propose to build for Mrs. Romero are not complete and are not accurate. He acknowledged that he and his partner, Dr. Oliver, do have an agreement with Mrs. Romero ; if she would dedicate right-of- way for street purposes, they will construct a duplex at cost plus 10%, but not to exceed a given figure which Mr . Adams declined to quote. He stated that as far as he is aware, Mrs. Romero is satisfied with their agreement. Mr . Adams stated that Dr . Oliver has handled the acquisition of the land in the northwest Englewood area, but bas not misled anyone. Mr . Adams stated that they have not completed plans for the development of other sites they are involved in; they are, in fact, considering single-family development in some areas, but this is a tentative consideration , Mr . Adams stated that he felt 110st of the comments made by the opponents were addressed to the issue of zoning, but not necessarily to this particular proposal. Mr. Adams stated that there are only two significant differences between Plan #1, the original Plan, and Plan #2 which is now before the Commission: the width of the driveway and the parking area. Mr. Adams stated that if the Commission would agree, he would suggest approval of Plan #2 with two amend- ments, that being that the private roadway be a minimum of 16 feet in width, and the off-street parking areas be a minimum of 30 feet in width. He felt that this would take care of the concerns voiced by the staff at this meeting. Discussion ensued. Mr . Wanush pointed out that the Commission may approve Plan #2, bring Plan #1 back and continue the hearing, bring Plan #1 back as a new submission, or turn the Planned Development down and encourage the developer to build only the four units . Mrs. Pierson asked if there were any further comments? Ms. Skutvik stated that Mr. Adams stated that most of the comments from the opponents were concerned with zoning ; she pointed out that the applicants are asking for something that is out of the ordinary and is not permitted under the existing zoning regulations, that being the fifth unit. She stated that some of their comments did, in fact, concern the existing zoning and the concerns of the residents about putting so many units in this small space. Carson moved: Tanguma seconded: The Public Hearing be closed • • I • - ' • • • • • -17- AYES: Smith, Tang uma, Williams, Be cker, Carson, Draper, Pierson NAYS : None ABSENT: Barbre, McBrayer The motion carried , Mr . Tanguma stated that the proposed fifth unit presents a problea to him, He stated that when the Commission talked to the people in the neighborhood a year or so ago, the concern was to keep the elementary school open, He stated that he felt discussion was centered on one dUplex per lot, and that an approximate impact on the population based on the preaise of one duplex per lot was given. Mr. Tanguaa stated that he felt eventually the area will develop with a combination of single-family and two-family (duplexes) residential uses, and that the right-of-way for the streets will also be dedicated, Mr. Tanguaa stated that he had no objection to the four duplexes proposed by Centurian Partnership, but that he does feel the fifth duplex will impact the neighborhood, Williams moved: Smith seconded: The Planning Commission accept and approve Plan #2 of the Centurian Partnership Planned Development and refer said Planned Development to City Council. Mr. Smith stated that he would have to vote against the motion. He does not like the idea of Lots 4 and 5 being built on with- out a full dedication on West Caspian Place. Mr. Saith quoted the Staff Report, which states that the "City's goal has been to upgrade the northwest Englewood residential area and to attract young couples with children ," Mr. Smith stated that he did not feel this particular Planned Developaent meets that goal. When the area was zoned for medium-density residentia~ the consideration was for 6,000 sq, ft, lot area per duplex. Mr. Smith stated that he feels this Plan, as submitted, should be denied. Mr. Carson stated that he, also, would have to vote in opposition to the motion for many o f the reasons outlined by Mr. Tanguma and by Mr. Smith, Mrs. Pierson stated tha t the purpose of a Planned Developaent is to permit and to e ncourage diversification in developments within the City, Mrs. Pierson stated that she does not feel there has been anything presented in this Planned Development that would compensate f or the "over-use" of the land ." I f the proposal was a "really ima g inative design" she felt there might be something to ••trade off ". She stated that she bad not heard anyone say that this proposal before the Commission is a good design, only that it would be possible to build the structures at a slightly lower cost, She suggested that if the residents of the area really don't want any more duplex development in their neighborhood that they investigate the possibility of changing the zoning, Mrs . Pierson stated that she too felt the entire area would be impacted by the fifth unit, and would vote against the motion, • I • - • • • • • • -18- The vote was called : AYES: Williams NAYS: Pierson, Smith, Tanguma, Becke r, Carson, Draper ABSENT: McBrayer, Barbre The motion failed. Mrs. Becker asked if there is a precedent to down-zone property and do these property owners have the right to pursue thjs option? Mr. Wanush stated that down-zoning becoaes a matter of "taking away someone's right of use of the property." He stated that it can be done, but that it becomes more complicated because of this "taking away of rights." He stated that if this is the procedure the Commission and property owners want to follow, the co .. ission could initiate the rezoning, or the property owners could apply for rezoning. There would be a fee charged if the request is from the property owners. Mrs. Romans stated that possibly an increase in requirements could be investigated, also ; an increase of lot area, floor area or soae siailar requirements. Mr. Smith asked if this would not affect all areas zoned R-2-C? Mrs. Romans pointed out that there are very few areas of the City that have the R-2-C Zone classification, and that the northwest Englewood area is one of the few areas that is available for development. Mr.Wanush pointed out for the benefit of the audience that before City Council could consider this Planned Development, the property would have to be posted again . Mrs. Pierson announced that this concluded the discussion on the Centurian Partnership Planned Development, and added that members of the audience were welcome to remain for the rest of the meeting if they chose to do so . Mrs. Pierson also announced that at the beginning of each year, City Council appoints new members to all of the boards and commissions. She suggested that if any member of the audience was interested in serving on one of the boards or co .. issions, they should write a letter to the City Manager's Office. • • • • • • • • • • • • • SECRETARY'S NOTE: A letter from Mr. Joseph L. Adams, Jr. of Centurian Partnership, was received in the office of Co11111unity Development on February 8, 1980, which letter formally requests that the application for a Planned Development be withdrawn. This matter will not, therefore, be referred to City Council. • • • • • • • • • • • • • • I • - \ • • • • • • -19- V. PUBLIC FORUll. Mrs. Pierson asked if there was anyone who wished to address the Commission? There was no response. VI. COUNTRY CLUB JOINT VEN'ruRE CASE #21-78 Mr. Wanush stated that he did talk with Mr . Regan of RPR Brothers, developers of the site. They are still attempting to work out the financing for the development, but do hope to begin construction in the spring. Mr. Wanush stated that the applicants did obtain a variance from the Board of Adjustment and Appeals on the high-rises and fire protection requirements; this variance is good for six months unless construction has started, and the variance would expire next month unless Building Permits are issued. VII. DIRECTOR'S CHOICE. Mr. Wanush gave each member of the Commission information on the annual APA Conference which will be held in San Francisco this year from April 12th thru April 16th . He stated that there are funds budgeted for one Commission member to attend. Mrs . Pierson inquired of the members who would be interested in attending? llrs. Becker and Mr. Tanguma both indicated an interest in attending, as did Mrs. Pierson. Discussion ensued. It was determined that Mrs. Becker would represent the Planning Commission at the 1980 APA Conference. Mr. Wanush stated that the City Charter requires the Planning Commission to send a priority list for Capital Improvement Projects for the forthcoming five-year period to the City Manager each year. Mr. Wanush stated that with several new Planning Commission members and a new City Council, he felt that it would be appropriate to do an in-depth review of the Capital Improvement Program this year. Mr . Wanush stated that the various Departments of the City have been asked to submit a list of what they" feel are projects of major concern to the individual department and to the City. These projects will be considered in terms of meeting the goals for the City out- lined in the Comprehensive Plan . Mr. Wanush stated that he anticipated there would be staff work on the CIP until April, and hopes to get the projects to the Planning Commission for their consideration in May. The staff would recommend that the Commission hold one or two public hearings on the CIP to give the public an opportunity to comment on the Planning Com- mission proposals. It is hoped that the CIP recommendations may be submitted to the City Council in June. Mr. Draper asked about the light rail proposed by RTD; would this be included in our planning? Mr. Wanush stated that he • I • - - • • • • • • -20- did not think there was an official City position on the pro- posed light rail . Mr. Wanush stated t ha t the City does suppor t the Santa Fe corridor improvement and widening, and if the light rail system would be included in these iaproveaents, he would assume that the City would support it. Discussion en-sued. VIII. COllllISSION'S CHOICE. Mr. Tangwna stated that he would personally like to congratulate the new members appointed to the co .. ission, and would hope they could attend the meetings as soon as possible. Mrs. Pierson suggested that it would be appropriate to send letters of appreciation to foraer members Marten Lathrop and Joseph Bilo thanking the• for their service on the Planning Co-ission. Mrs. Pierson stated that the next regular meeting of the City Planning and Zoning co .. ission is February 20th at 7:00 P.M. The meeting adjourned at 10:00 P.M . • I - ( • • ( • • • • ENGLEWOOD DOWNTCAJN DEVELOPMENT AUniORITY 3535 S. Sherman -Englewood, CO 80110 5 G BOARD OF DIRECTORS REGULAR MEETING Wednesday, February 13, 1980 12:00 Noon, 3535 S. Sherman MINUTES Board Members Present: Allen, Coleman, Gasson, Holthaus, Kaufman, Mausolf, Neal and Robohm Board Members Absent: Glenn, Maxwell Staff Members Present: Keller, Thompson Guests & Visitors : Kathye Thomas, Dorothy Dalquist, Tracy Laignelot, Bill Canright Jim Kulish, Ed Wekesser, Brent O'Neil, Bob Brundage, Mark Tidd, Don Bartlett, George Perrin, Jim Chambers, Howard Olson, Deanna Corey, Dave Hicks, Gene Otis, Rich Wanush, Scott Dial, Wayne Lance, Bill Steele, Jeri Ernest, Doris Nazarenas, Brad Roberts, Andy McCown, Ginny Howe, Steve Cowperthwaite, Bob Prangley, Jim Sickafoose Board Chairman Kaufman called the meeting to order at 12:25 PM. Upon motion by Board member Holthaus and second by Mausolf the minutes of the Special Meeting of January 23, 1980 were approved as published. Motion carried. Upon motion by Board member Holthaus and second by Bobohm, the minutes of the Special Meeting of February 5, 1980 were approved as published. Motion carried. Treasurer Gasson reported a 1979 assessed value of $23,386,634 for the district a decrease from 1978. Estimated tax revenues shall be reduced from $119,217.00 to $116,933 for this calendar year 1980. Interest income for 1979 was $5,333.73. Upon motion of Board member Allen and second by Mausolf the bills in the amount of $2,787.71 were approved for payment. Motion carried. Upon motion by Board member Robohm and second by Allen the revised contract for the services of Oliver Hellgren Architects was approved for signature. Motion carried • Executive Director Keller reported to the Board that a contract to purchase 3448- 3450 S. Broadway had been delivered to each member of the N.O.B. partnership. A letter has been received from Jay Boisdrenghien acknowledging receipt of the contract and stating their major owner is out of the country and upon his return we will have a response. The contract offer was based upon the M.A.I. appraisal and was structured that way upon advice of Terry Crow, Board Attorney. The Architectural/Theme Committee reported it had received proposals from niK and H.O.H. for market studies and future planning. Two more interviews are scheduled for 7:30 AM, Thursday, February 21, 1980. • • I • - • • Page 2 Board of Directors February 13, 1980 • • • Board Chairman Kaufman opened the floor for discussion of the formation of a Downtown Business Association. Several guests and visitors spoke in support of such a project. Jim Kulish Metro-Denver Local Development Corporation, our neighbor to the North working in a siailar progr-at 1st and Broadway spoke of some of the problems and solutions that his organization had encountered. Wayne Lance, S.B.A. counselor for the 502 funding progr-with a Local Development Corporation once again enumerated the benefits of the program offered by S.B.A. Don Barlett, A.B.M. Office Machines stated his interest in a Business Association as well as Brent O'Neil, The Sofa Factory. Dave Hicks, authour of a book reporting the history of downtown Englewood, Ken Mausolf, Mausolf Interiors, Leonard Robohm, Robohm Appliances, Barry Coleman, Barry's Paint Center, Barbara Holthaus, property owner, Gerri Ernst, Colorado Tool Center, Mark Tidd, Budget Tapes and Records, Tracy Laignelot, l!mpress Realty and Fred Kaufman, Kaufman's Mens Wear all in turn expressed an interest in forming a Business Association in the downtown area. Upon motion by Board member Mausolf and second by Gasson, John Neal's suggestion of an evening meeting of the business owners should be held to determine the interest of the business c~ity in having an association. Motion carried. The meeting adjourned at 1:31 PM • • I . - - ( c • ( • • • • TO : Andy Mccown, City Manager FROM: Gerald A. Beeson, Fire Chief DATE: February 21, 1980 I am forwarding reports from Battalion Chief Loren Ward, Captain Stan Johnson, and Captain Walt Groditski concern- ing their involvement in recent out-of-state training pro-grams. On behalf of each one of these men and myself, I would like to express our appreciation to you and the city council for the opportunity of taking part in this moat needed training. The knowledge gained from this exposure will assist in the elevation of our present service level. Respectfully submitted, Gerald . A.· 'Bleiion Fire Chief /ms enc. ( 3) • t I • - • • • • • • TO : Chief Beeson FROM: Battalion Chief Loren Ward DATE: February 16, 1980 SUBJECT: School Attended at the University of Maryland FACILITIES: The University of Maryland has set aside a large area in the Adult Education Center for volunteer fire departments. This adult learning center for fire department classes is well equipped with lighting, screens, tables and comfortable chairs, and all needed items for class presentations. The building for Adult Education also has a hotel area with rooms and maid service. In the area of the classroom is a cafeteria that serves all three meals at a reasonable price. The hotel sections, the classrooms, and the cafeteria are all under the same roof which means that out-of-town students can attend an entire seminar without need of outside transportation. In all, the facilities were comfortable, convenient, and well- planned. This made the sessions that I attended pleasant and convenient. PLANNING AND ADMINISTRATION: The entire program was evidently well-planned and organized. Even with the numerous instructors and subjects covered, the timetable seemed well followed. Approximately twelve persons were responsible for the planning and administering of the program and each one handled their part very well. It is very evident that the University of Maryland is totally involved in firefighting classes and seminars. INSTRUCTORS : As in all seminars where there are many instructors, there were "all kinds". For the most part the instructors were interesting and easy to listen to. A few of them were very "dry• and hard to learn from. There were as many modes or presentation as there were instructors. The different ways that classes were presented was an interesting study in itself. Out of the approximately thirty who took part in the presentations, eight were what I consider outstanding as speakers. On the other side, there were about the same number who were poor. The remainder was average in their presentations, but adequate as far as learn- ing and understanding their point of view • • I • - • • • • Chief Beeson Page 2 CONTENT: • • • The overall content, as far as subject matter and pertinent information, was very good. Of the thirty-five subjects covered, I feel that all but about five were very pertinent. The problem being that even with a good topic, if the presentation is lacking, the subject matter also lacks. Still, the fact remains that when a person is presented with information in the manner that it was presented, something can be learned from all instructors and classes. SPECIAL EVENT: One of the highlights of the entire seminar was our field trip to Washington. This was also a well-planned part of the program. The entire class was taken by bus to Washington, o.c., where we spent an enjoyable and informative day. All morning was spent at the National Bureau of Standards where we collected various information. They were conducting studies on fire spread in medi- cal institutions and trailer homes. They were also studying collapse of certain structural materials and safety of wood burn- ing stoves. An interesting set of tests were being made on carbon monoxide poisoning. These tests were conducted on laboratory rats and all data was logged and studied. The afternoon was spent touring Washington and going through the Air and Space Center. That evening we were treated to dinner at one of the finer restaurants in the Washington area. It waa an enjoyable experience. SUMMARY: The overall program was very good. Consideration has to be given to the amount of planning and time spent by many people in putting this program together. The University, being involved in Fire Science classes, plus the fact that volunteer firefighters in that area are so involved, made the program a success. The facili- ties, subject matter, instructors, etc. were very good. The negative aspect of the planning was the long class aesaions and too many days consecutively. I attended nine day• and had classes scheduled all of the days except for the field trip. The claases were scheduled from 8:00 A.M. until 9:00 to 9:30 P.M., when the last class was brought to a close. Even with breaks for coffee, lunches, and dinner, this began to wear on everyone. I feel that having less days and few subject• would prove as bene- ficial and would not be so tiring. Respectfully submitted, ~J~~)Z/?i/c//? -:;?!;.':Pf Ward Battalion Chief • ·.! I • - - • • • TO: FROM: DATE: SUBJECT: • • • Gerald A. Beeson, Fire Chief Walter J. Groditski, Captain February 20, 1980 FIFTH ANNUAL FIRE CONFERENCE, UNITED STATES FIRE ADMINISTRATION (USFA) The following is a brief report on subjects which were addressed at the USFA's Fifth Annual Fire Conference held in New Orleans, LA from January 21 through January 23, 1980. The theme of the conference was the arson problem in the United States. Four major subject areas were addressed during the conference. The arson task force, methods for attacking the arson problem, the USFA's role in arson prevention, and workable solutions to the arson problem. The arson task force as outlined during the conference does not seem a viable path to pursue given the manpower and structure of the Englewood Fire Department. Perhaps a future consolidation of investigation efforts through a county agency would make a task force concept more ~ feasible for Arapahoe County Fire Districts. • Basically, the arson attack in Colorado is much more fragmented than in many other states due to a number of organizational reasons, among them a lack of coordination through a State Fire Marshal's office. In general, the Denver Metropolitan area has a substantially better organized arson attack than other cities in the state due to local agency concern and better support functions. The U.S. Fire Administration offers help through infor- mation dissemnation and available federal monies. It is possible that future funds may be available to cities as small as Englewood, however most federal grants are being funneled into larger cities with severe arson problems • The general theme which surf aced as to the solution of the national arson epidemic was •dedication" by those individuals and agencies involved in an effort to reduce the life and dollar loss due to arson. I • - - • • • • • • • -. The conference was an attempt to reach out on a nationwide basis and make official agencies aware of the epidemic spread of the crime of arson in this country and offer constructive guidelines and information sources to them so that effective campaigns against arson can be implemented. WJG/dm I • - • • • •• • • • • TO: Chief Beeson FROM: Stan Johnson, Captain DATE: February 8, 1980 SUBJECT: 1980 National Fire Service Staff and Command Course The 1980 Staff and Command Course, held at the University of Maryland, was a highly intensified, innovative approach to problems facing the fire service in the 1980's. The course entailed fifty-two subject areas during a nine-day time span. The subject material ranged from management, budgeting, fire safety education, communication, command, to implementing per- sonnel standards. One of the highlights of the trip involved a trip to the National Bureau of Standards to observe testing of trailer interiors {for combustibility) and testing of the effectiveness of sprinkler systems in hospital rooms. The benefits derived from my attendance will improve my per- sonal performance in my work area and by utilizing some of the information received will undoubtedly increase the efficiency of the training division. I personally would like to express my apprecition to you, Chief Beeson, and to the city for making this experience possible for me. I would recommend (if budget allows) sending personnel to this course in 1981 . ~:;:;:_:::µ ___ Stan Johnson, Captain Training Division /ms • 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 February 14, 191 0 In A Election Comnisssion Minutes INITIATED BY~~-E_l_e_c_t_io_n~C_onm~_i_s_s_i_on~~~~~~~~~~~~~~~~~ ACTION PROPOSED Approval of Resolution fl of the Election Commission .. INTRODUCTION The Election Co111Dission met on January 28, 1980 to evaluate the Election held on November 6, 1979. • BACKGROUND A great deal of concern has been expressed by individual• and groups in the community about the conduct of the la1t election and the handling of events leading up to the election. 'lbe Election Commission feels that a citizens conmdttee 1hould be appointed by the City Council to evaluate the City's election procedures . The ColllDission passed a Resolution making thi1 recOlllllendation to Council . RECOMMENDATION Act on the Election Co111Dission Resolution #1, Series of 1980 . • I . • , • - • • • • • • SUGGESTED ACTION: MOVED BY _________ _ I . f . SECOND __________ _ YES, ____ NQ, ___ ~ABSENT ______________ _ • • - • ~. • Members Present : Members Absent : Also Present: • • • MINUTES ELECTION COMMISSION January 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 3:30 p.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. Hr. 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. Hrs. 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 Co111Dission 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 RECO!ti!END 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 THE C0"'1ISSION, ONE COUNCIL MEMBER AND ONE CITIZEN AT LARGE. Connnission Mem- ber Hall seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Burget , Hall, Higbee. • I • - ELECTION COMMISSION Janu.ary 28, 1980 ,. • • • ( Page 2 • • Nays : None. Coumission Member Higbee declared the motion carried. Mrs. Burget stated in addition to her investigation of Messrs. Morarie and Smith, she was unable to locate 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, MORARIE, AND WEBER NOTIFYING THEM TO FILE THE PRO- PER PAPERS WITH THE COUNTY CLERI{. Coumission Member Burget seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Burget, Hall, Higbee. Nays: None. Coumission Member Higbee declared the motion carried. The Coumission 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 'niE EMPLOYEES OF THE ELECTION AND TO ACCEPT THE NOMINATION PETI- TION FORMAT. Coumission Member Higbee seconded the 190tion. Upon a call of the roll, the vote resulted as follows: Ayes: Burget, Hall, Higbee Nays: None. Coumission Member Higbee declared the motion carried. Mrs. Burget noted her term on the Election Coumission expired February l, 1980; and stated her appreciation for serving on the Colllllission. There was no further business to be discussed • The meeting adjourned at 4:20 p.m. • I • • - - ( • • RESOLUTION NO. 1 SERIES OF 1980 • • • A RESOUJTIOM TO RECOtM!:ND 'l'O THE CITY OOURCIL OF THE CITY OF ENGLEWOOD, a>LORADO. THE ESTABLISHMEMT OF A CITIZEN COtotfiTTEE 'l'O REVIEW THE ELECTION ARD RECALL PROCESS OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Election Co1111liaaion 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 Cot1111ission recommends to the Englewood City Coun- cil that a Citizens' Co11111ittee be appointed to: 1. Review election procedures of the City as mandated by the City Charter. 2. Review election procedures establish.ed by the Election Coumission. 3. Reco111111end to City Council any changes to the City Charter and procedures established by the Election Cot1111ission for the conduct of City Elections. Adopted and Approved this 28th day o~ January, 1980. ELECTIOM a>totfiSSION City of Englewood, Colorado~ A ~ / /,. v-·"'-' ,'. -g ,.e'~~-"".__,_ry~"'".-'il~~-alptran • I . • - - • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM February 27, 1980 lo ~ SUBJE'CT Annexation to Valley Sanitation District Supplement 12 INITIATED BY Valley Sanitation District ACTION PROPOSED Approve annexation of additional land into Valley Sanitation service area. INTRODUCTION: A request was made by the attorney for Valley Sanitation representing the owner for annexation to the Valley Sanitation service area. BACKGROUND INFORMATION: Supplement 12 is an area located on the south side of Union Avenue and west of the South Platte River. The area contains approximately 13.22 acres and will be the new location for Colorado Disposal. FINANCIAL DETAILS: None I . • ; I a - - • • • • RECO!t4EKOATIOMS: That the District be allowed to annex Supplement 12 to Valley Sanitation District which is located in the City of Englewood and the sewer tap will be counted from the City's allocation . SUGGESTED ACTl ON: MOVED av ____________ _ SECOND------------------------- YES ____ No. ____ .J\BSENT __________________________________ _ - I . - - • • DATE • • • C 0 U N C I L C 0 M M U N I C A T I 0 N AGENDA ITEM (o (.. SUBJE'CT Annexation to Southgate Sanitatton Dtstrtct Sunnl-nt 72 INITIATED BY SouthQate Santtation Distrtct ACTION PROPOSED Aoproye annexation of additional land into Southgate Sanitation serytce area. INTRODUCTION: A request was made by the attorney for Southgate, representing the owners/ developer, of posstble annexation to the Southgate servtce area. -j BACKGROUND INFORMATION: • This area is located south of East Dry Creek and west of South Holly Street. The area is being wtthdrawn from the South Arapahoe Sanitatton District as the sewer wtll not flow properly tnto South Arapahoe's system. The area contains 74 acres and the developer plans to build 201 stngle famtly homes and one school which will accomodate approxtmately 700 students. FINANCIAL DETAILS: None • I . - - • • • • -· l • REC°"'1ENDATIONS: That the District be allowed to annex Supplement 72 to Southgate Sanitation District. The District has a letter on file in the Utilities Department which states that they understand that no additional taps will be granted under the tap allocation fon11.1la because of the additional land added to the District . SUGGESTED ACTION: MOVED BY~~~~~~~~~~~~~ ~ SECOND~~~~~~~-~~~~~~ • • I . - - < • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM February 27, 1980 lo D SUBJE'CT Individual Water Tap-On Agreement for Colorado Disposal with Valley Water and City of Englewood INITIATED BY Valley Water District ACTION PROPOSED Approve Tap-On Agreement with Valley Water District and Colorado Disposal. INTRODUCTION: A request was made by the attorney for Valley Water District and the owner for Individual Water Tap-On Agreement. BACKGROUND INFORMATION: The area is located on the south side of Union Avenue and west of the South Platte River. The area contains approximately 13.22 acres and will be the new location for Colorado Disposal. The area is located in the City of Englewood and will be the City's system when the new Valley Water Contract is finalized. FINANCIAL DETAILS: None LEGAL DESCRIPTION The Tap-On Agreement will be sent to the Ci ty Attorney's Off i ce . • I . • - - • • • • • RECOMMENDATIONS: That the District be allowed the Tap-On Agreement with Valley Water and Colorado Disposal. SUGGESTED ACTION: MOVED BY ___________ _ SECOND_·~-----------~ • I . • - • • • • • • INDIVIDUAL WATER TAP-ON, RELEASE, AND INDE)INIFICATION AGREEMENT THIS AGREEMENT is enter ed this _.:1i!!:. day of 'J.1JJ,,a11f , 1980 by and between Colorado Disposal, Inc., a Colorado corporation {hereinafter "Colorado Disposal"), and Va lley Water District, a quasi-municipal corporation of the State of Colorado (hereinafter the "District"). IHTNESSETH THAT: WHEREAS, the water S}'Stem of the District connects with the water system of the City of Englewood, State of Colorado: and WHEREAS, the District is bound by a Distributor's Contract entered betwee n Valley Development Company and the City of Englewood and assigned by Valley Development Company to the District under which the City agrees under certain terms and conditions to furnish wa ter for the use of the District and its customers: and WHEREAS, the District is willing to allow water service to Colorado Disposal upon the terms and conditions hereinafter stated, prov ided, however , that this Agreement is expressly approved b y the City of Englewood; and WHEREAS , Colorado Disposal desires water service for the operation of a tr uck wash to be located on th e proper ty described on Exhibit A hereto; NOW THEREFO RE , in consideration of the mutual cove- nants hereinafter contained, it is agreed by the parties hereto as follows: A. Subject to Distributor •s Contract. This Agree- ment is subjec t to all terms and conditions as are set forth and conta ined in the abov e -referenced Distributor 's Contract or any ame ndments or supplements thereto , which are hereby expressly made a part h e reof by reference. B. runounts Payable to Englewood. All fees, rates or • I I i -: ,: .. : ,--:- I • • - • • • • .. l • charges, including but not limited to, inspection, tap or service charges to be paid to the City of Englewood, shall be borne and paid by Colorado Disposal, in addition to all other fees, charges and expenses provided for herein. Colorado Disposal agrees to hold the District harmless for any and all such fees or charges. C. Amounts Payable Currently to or for the Account of the District. c.l. Colorado Disposal shall pay to the District as a tap fee the amount of Two Thousand One Hundred Twenty Dollars ($2,120.00) concurrent with execution of this Agreement by Colorado Disposal, which sum is the charge for one 1-1/2" tap. C .2 . Colorado Disposal shall pay to the City of Englewood its then current tap fee concurrent with the approval of service to Colorado Dis- posal b y the City of Englewood. Said tap fee presently equals $4,000.00. C .3 . Colorado Disposal shall pay to the District the amount of One Thousand Dollars ($1,000.00) which amount shall be used by the District to pay legal fees and c osts incurred by it in con- nection with this transaction. Any payment over the amount shal l be due and payable to the District from Colorado Disposal. Any amount remaining following completion of all necessary legal action in connect ion with this transaction shall be r efunded to Colorado Di spo sal. C .4. Colorado Disposal shall pay directly to Rea, Cassens a nd Associates, Inc. upon billing all engineering costs incurred by Va lley in connec- tion with th is transaction. C.5. Colorado Disposa l shal l purchase from the ~ity of Enq l e wo od a 1-1/2" meter, and shall p ay all -2- • I ' L··· ! .. I • 1.: I ,, . . - 1 i I i I I .. _.': 1 • I • - - • • • •• • • other charges in relation to provision of water service to the property described in Exhibit A. I 'l c • D. Issuance of Permits. Upon the receipt of the pay- ments required by Section c above, and upon the obtaining of all requisite approvals of the City of Englewood, and upon pre- sentation to the District of written evidence satisfactory to the District of Colorado Dis;;>osal's ownership of the lands de- scribed in Exhibit A hereto, the District shall issue to Colo- rado Disposal the ri g hts and privileges of a tap necessary to serve the truck wash described above to be located on the property of Colorado Disposal described in Exhibit A and as depicted on Exhibit B hereto. E. Construction of Water Connection. The construe- tion of the herein discussed water connections shall be to the standards of the District and the City of Englewood. The District's engineer shall make final inspection of such con- nections. F. Operation and Maintenance of Service Lines. F.l. Colorado Disposal, its successors and assigns, shall pay all costs of operation and maintenance of its private water connection from the point of its tap to the District's system to the point of connection to the facilities depicted on Exhibit B. The District shall not be respon- sible for the operation or maintenance of any seg ment of the service line. G. Other Matters. G.l. Colorado Disposal agrees to pay for any damages which may result at any time to the District's property or water system by reason of the l aying , construction, use, repair or maintenance of the water connections of Colorado Disposal. G.2. Colorado Disposal warrants that it is the owner of the lands described on Exhibit A here to and Colorado Disposal hereby and for each of its -3- • ! . ·. ·f . I I " I • - - • • • • • successors, joint venturers, partners, indepen- dent contractors, associates, assigns, employees, scr~ants, affiliates, and agents, releasea, remises, acquits, and forever discharges the District, and its agents, servants, employees, successors, and all other persons, firms, car- porations, associations and partnerships associated, connected or affiliated with the District of and from any and all claims, actions, causes of action, demands, rights, damages, costs, expenses, and compensation of whatsoever nature, known or unknown (all hereinafter refer- red to as •claims•), which they or any of them have (individually or jointly) or which may hereafter accrue by reason of ownership of the lands referred to in Exhibit A or interest in or operation of the water connections herein contemplated. G.3. Colorado Disposal further agrees to indemnify and hold harmless the District againat and from any Claims heretofore or hereafter made by any person arising by reason of, in connection with, or out of the construction, maintenance, uae or operation of the water connection herein contem- pla ted. Colorado Disposal agrees to pay all expenses, costs, attorneys' fees, judgments, and settlement payments incurred by the District and arising by reason of, in connection with, o r out of the Claims. Colorado Disposal further represents and warrants that it does not have knowl edge or information of any person who has asse r ted o r could assert any such Claim. Colorado Disposal further decl a res that no promise, ind ucement or agreement with reSPect to r e l ease o r i nd e~nif ication not herein ex- -4- '. t• . .. . ;"' .._. ~...- '.. • ·~ .JI> . ·. ~ . -. I • • • - • • - • pressed has been made to Colorado Disposal, and that the terms of paragraphs G.l. to 3. hereof are contractual and not a mere recital. G.4 . The District does not guarantee or warrant by this Agreement that the City of Englewood will continue its distribution of water and, if for any reason, or at any time, the City of Engle- wood shall fail or ref use to furnish the service called for in its Distribution Contract with the District, as it may be amended, either to the District or to Colorado Disposal, then Colorado Disposal shall terminate its use of the afore- said line and this Agreement shall be automati- cally terminated and of no further force or legal effect. The District shall retain all payments theretofore made by Colorado Disposal. It is fu rther understood and agreed that the District is providing in this Agreement only (_ for the use of its water line, such granting shall not be construed as offering to the public generally such use or service. G .S ~ This Ag reement shall continue in force and effect only so long as the District, its sue- cessors o r ass ig ns, maintain the ownership and operations of t he existing water system or any modifi c ations the reof, to which Colorado Dis - posal h ereby i s authorized to make additional conne ctions . • G.6 . Colorado Dis;iosal specifically acknowledges that it has been a dvised of the pending negotiations for disso lutio n of the District and agrees to the p roposed dissolution of the District , and assumption of operations of the e xi sting water s y ste m, or any modification the reof, by t~e City of Enq lcwood in such manner as the Board of Directors of the District shal l determine. -s- • • i' I ;· ' i i I ,. , .. f. ,. r. I:·· I I i I I , . • < ' ;,._. f . t r I • - - • c • • • Asst. • • • G.7. This Agreement shall inure to the benefit of and be binding upon the seccessora and assigns of the parties hereto . Any assignment of this Agreeme nt by Colorado Disposal except to a purchase r of the land described in Exhibit A must receive the prior written approval of the District. IN WITNESS WHEREOF, the undersigned have set their hands and seals as of the date fi r s t abov e written. ATTEST: ATTEST: Secre tary COLOR.\DO DISPOSAL, INC., A Colorado Corporation 7 1· f ' Bv ./.tw l/;l < ,._,,t~~; u . ·Arend R. Lenderink, President VALLEY WATER DISTRICT Consented t o this ___ d ay of ----------- 1980. ATTEST: Ci t y Clerk 'L'--1:io1S STATE OF €9!.9 AA99 CI TY OF EN GLEWOOD COUN TY OF ,,_.C:).LtAt.,,I. __ _ S S . Subscr ibed and s wo rn to befo re me t hi s -1...l.zl. d ay of -~r:~·~l.~f.~~~e4f~~'------• 19 8 0 , by Ar e nd R. Le nde rink, Presi d e nt -6- • ., I r. ' ' .- I • • - - • • • c • :.J ! l I • • • ~. i Colorado Diaposal, Inc., a Colorado Corporation, and _______ (e.a.o..,•Hw.J~, /lsJr Secretary of Colorado Diapoaal, Inc., a Colorado Corporation. My commission expires: 1lJ 1~ /ij STATE OF COLORADO _ ---COUNTY OF Aapht ... Subscribed and sworn to before me this ~ day of t'.i@uo··~ . 1980, b y qwn,, ML --JO.ua . as v /J President, and Lean 4J . l!lml)'> , as Secretary, of , VALLE:t WATE R DISTRICT • Hy commission ...... ~~ Not c ; ,, l \. ' •' .. '' I -7- • - - • • • • • CXHIBJT A A tract of land located in the N.E.l/~ of the S.E.1/4 of Section 8, and the West 1/2 of Section 9, Township 5 South, Range 68 West of the 6th P.M. County of Arapahoe, State of Colorado more part 1cularly descr i bed as follows : Commenc1ng at the N.C. Corner o[ the N.C.1 /4, S.E.1/4 of Section 8, Thence S 30°04'59" C, 40.30 feet to the point of beginning: Thence N 63°47'38" E, 262.95 feet along the South line of a parcel of land deeded to the City of Englewood in Book 1589 Page 251; Thence S 29°43'36" E, 9.14 feet to a point on a curve to the right having a radius of 102.84 feet, a central angle of 41°39'39" and an arc length of 74.78 feet; Thence S 12°56'03" W, 687.79 feet, to a curve to the right having a radius of 1262.40 feet, a central angle of 34°59'27", and an arc length of 770.95 feet; Thence S 89°39'14" W, 68.00 feet; Thence N 00°21'46" W, 1287.29 feet; Thence N 80°38'14" E, 364.18 feet to the point of beginning containing 13.22 acres more or less. • I • • • - • • 0 --= •.ow.. ... , .... -.. ---..=--si--••-..... --·-=-= ... --. ,. ------'"T"" --··-------·---··-·-----r =ie.~==E. GR. ..... DE. Re.QulllLE.$ "'I GM ME TE.st se. T o .... 1S<tS' C.FH 2· ILi ~-+-J;O,._-f.-WA TE.R Mi=_ TE.It. IN PI T. MIN. s~o· DEe.P "' f:: ~ ~I ~+1~'=1 ·rn · "' x "' • • • -........... J =~~~H I~ I H ff-........... ( ) • • - - • • • • • • RESOLUTION NO. (p SERIES OF 1980 __ _ A RESOLUTION APPROVING THE APPLICATION OF FRANZ HUMMEL DELICATESSEN, INC. FOR A BEER AND WINE LICENSE WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Franz Hununel Delicatessen, Inc., a Colorado corporation, has heretofore made application pursuant to the pro- visions of Article 47, Title 12, C.R.S.'73, as amended, for a Beer and Wine License to be located at Store Unit E-4, also known as E-2100, Cinderella City Shopping Center, 701 West Hampden Ave., Englewood, Colorado: and WHEREAS; notice of said application and notice of public hearing thereon having been given, and the hearing having been conducted on the 25th day of February, 1980 before the City Council, as the local licensing authority: and WHEREAS, all procedural requirements of the statutes hav- ing been complied with: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: That based upon the application of Franz Hummel Delicatessen, Inc. and the statements, testimony and exhibits received at the public hearing, the City Council of the City of Englewood, as the local licensing authority, does hereby make and adopt the following findings and conclusions: 1. That the applicant, Franz Hununel Delicatessen, Inc., is a tenant of New Englewood, Ltd., Capital Alliance Company, and their assigns, as landlord, for Store Unit E-4, also known as E-2100, Cinderella City Shopping Center, 701 West Hampden Ave., Englewood, Colorado, said lease having been entered into on or about September 20, 1966 for a term of fifteen years (see City's Exhibit 1). 2. That the sole stockholder of Franz Hununel Delicatessen, Inc., Mr. Franz Hummel, and all officers and directors of the corporation are of good character and reputation, none having been convicted of a felony or a crime within any court of the United States or within any court of record within any state or territory of the United States. 3. That all legal notices, publications and postings with reference to public hearing were proper and consistent with require- ments of Article 47, Title 12, C.R.S. '73, as amended • • t • I • - • • ( • • • • 4. That the City Council designated an area of two miles in radius as the "neighborhood" to be considered in either grant- ing or denying the applicant's request for said Beer and Wine License. 5. Mr. Max Scott, President of Oedipus, Inc., 1200 Pearl Street, Boulder, Colorado, te stifi ed that he was employed by the City to conduct a survey to determine the needs and desires of the residents of the neighborhood. He submitted his report containing the method of petitioning and the statistical results of the survey (City's Exhibit 3) and submitted six (6) petitions marked City's Exhibits 2a through 2f. The results of the Oedipus survey revealed that 879 total contacts were attempted and of that figure, 422 were not at home, but that 457 actual contacts were made within the defined neighborhood. Of the 457 actually contacted, 266 expressed an opinion on the needs and desires of the neighborhood. Of those, 169, or 63.53\, signed the petition stating that the needs and desires of the neighborhood were not met: 97, or 36.47%, signed in opposition or stated that the needs and desires of the neighbor- hood were met. Of the 191 remaining contacts, 27 would not sign any petition, 48 preferred to remain neutral, 56 were not qualified to sign the petition, 19 did not use alcohol, and 41 gave miscel- laneous reasons for not signing either for or against (page 3 City's Exhibit 3). 6. The applicant, Franz Hummel Delicatessen, Inc., sub- mitted numerous exhibits and petitions. The petitioners were generally divided into three groups: the petitions of residents of the designated neighborhood, the petitions of business owners and managers within the neighborhood, and patrons of Cinderella City Shopping Center. The following is the tabulation of petitions submitted by the applicant: APPLICANT: Residents Business owners, Managers Patrons Valid Signatures 68 149 293 All signatures were in favor, none opposing • The applicant presented testimony from Mr. James Archbarger, Manager of the Cinderella City Complex, who testified as to the area, mar- ket area, general characteristics of the Center, its activity, and a description of the neighborhood location. The applicant called additional witnesses, including the owner, Mr. Franz Hummel, sole stockholder of Franz Hwmnel Delicatessen, Inc., who testified as to the nature of his business, discussed applicant's Exhibit Q drawing of the premi s es and the complementary nature of the beer and wine to his food. -2- • • I • - - • • • , • • • 7. Mr. David Long questioned the applicant concerning con trol of the beer and wine and questioned how many applications were going to be made f or alcoholic beverages in Cinderella City. The City Council therefore finds and concludes from the statements of witnesses and the exhibits and petitions presented at the hearing that the neighborhood, as defined by City Council, contains one (1) Beer and Wine License within the neighborhood; that a majority of the residents within the neighborhood and the business owners and managers approved the issuance of the license on the basis that the neighborhood is not adequately served by the existing outlets. That the desires of the patrons of Cinderella City may not be considered. City Council concludes, under these circumstances, the issuance of the said license is necessary to serve the reasonable needs of the neighborhood and the desires of the inhabitants. NOW, THEREFORE, it is resolved, based upon the record and the evidence contained herein, that the application of Franz Hunanel Delicatessen, Inc. for the issuance of a Beer and Wine License at Space E-4, also known as E-2100, at Cinderella City, 701 West Hampden Ave., Englewood, Colorado, be and hereby is approved and granted. ADOPTED AND APPROVED this 3rd day of March, 1980. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee , ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, a cc urate and complete copy of Resolution No. , Series of 1980, passed by City Council on the~~~~ day of March, 1980. Gary R. Higbee -3- I • - ' [. • • /1 ac:SOLU'l'ION NO. I --- .. • • • 75 A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF ENGLEWOOD, COLORADO, TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN THE CITY TO BE DESIGNATED AS PAVING DISTRICT NO. 27, ADOPTING DETAILS AND SPECIFICATIONS FOR THE PROPOSED DISTRICT, AND ORDERING PUBLICATION AND MAILING OF NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN SAID DISTRICT. WHEREAS, the City Council of Englewood, Colorado, has determined that. it is necessary to create a special improvement district within· the City, for the purpose of constructing and installing street paving, curb and gutter and sidewalk improvements, together with necessary incidentals, on certain streets and avenues as set forth in this resolution, and to assess the cost of the improvements against the property specially benefited by the improvements and included within the district; and WHEREAS, pursuant to the Charter of the City and Chapter 14 of the Municipal Code of the City, the City Council has determined to construct and install such improvements, provided, however, that the City Council shall consider all protests and objections that may be made in connection with the proposed .i.m},lrov"'ment::;, before orderiny the construction thereof; and WHEREAS, pursuant to an order of the City Council, the Engineer of the City for the proposed special improvement project has prepared and filed preliminary plans, specifications, estimates of cost, maps and schedules for the proposed improvements; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: 1. That the City Council has determined there exists a necessity for the construction and installation of the street paving, curb and gutter and sidewalk improvements, together with necessary incidentals, on those streets and avenues which are more particularly set forth in the notice of hearing, and to create a special improvement district for such purpose. 2. That the Engineer's reports, together with the preliminary details, specifications, estimates of cost, maps and ::;chedules prepared and filed with the City Clerk be ancl the same are hereby approved and adopted by the City Council for use in the construction and installation of the improvements to be made in said improvement district • • I • - • • • • • 3. That materials to be used in constructing and installing the proposed improvements are stated in the Notice hereinafter set forth. 4. That the assessments to be levied against the property to be included within the district for said improvements shall be due and payable within thirty days from and after the final publication of the ordinance assessing the whole actual cost of said improvements against the real property in said district, provided, however, that any owner who shall pay the entire amount of the assessment within said period of time shall be entitled to an allowance of 5\ of the amount of the assessment. In the event any owner of real estate shall fail to pay the whole of such assessment against his property within said thirty days, then the whole cost of said improvements so assessed against his property shall be payable in ten (10) equal annual installments of assessments. The interest rate on the unpaid installments of assessments will be established by ordinance to be adopted by the City Council at a later date. The first of said installments of principal and interest shall be due and payable at such time as may be determined in and by the assessment ordinance, and the remainder of the annual installments of principal and interest shall be due and payable successively on the same day in each ( year thereafter until all are paid in full. ( • 5. That the property to be assessed for said improve- ments shall be the property specially benefited by said improve- ments and included within the improvement district, and more particularly described in the Notice hereinafter set forth. 6. That there shall be prepared an ordinance creating within the corporate limits of the City a special improvement district to be known as Paving District No. 27 providing for the construction and installation of the improvements, all as described in this Resolution, and in accordance with the preliminary report, plans, maps, specifications, details and estimates of costs of the Engineer, herein referred to and now on file in the office of the Director of Engineerin} Servioes.The proposed ordinance will be considered for passage on first reading by the City Council at a regular meet- ing thereof to be held on April 7, 1980. 7. Notice of the public hearing on the creation of the district shall be published once a week for three weeks in the Englewood Herald Sentinel, a newspaper of general circulation in the City. In addition, a copy of such notice shall be mailed, postage prepaid, to each known owner of redl property within the proposed district. -2- • I • - • • • • • The published notice shull be substuntiully (" the following form: ( ( • N 0 T I C E ------ OF THE INTENTION TO CREATE A SPECIAL IMPROVE- MENT DISTRICT IN ENGLEWOOD, COLORADO, TO BE KNOWN AS PAVING DISTRICT NO. 27 FOR THE PUR- POSE OF CONSTRUCTING AND INSTALLING STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVE- MENTS, TOGETHER WITH NECESSARY INCIDENTALS, ON CERTAIN STREETS AND AVENUES THEREIN, AND OF A PUBLIC HEARING THEREON. All owners of real estate and property here- inafter described, and all persons generally, are hereby notified that the City Council of Englewood, Colorado, pursuant to its own order, has adopted preliminary details, plans and specifications for construction of street paving, curb and gutter and sidewalk improvements, in and for a proposed special improvement district within the corporate limits of Englewood, Colorado, to be known as Paving District No. 27. Said persons are further notified as follows: (al . The improvements to be constructed or installed are as follows: 1. Necessary grading and excavation, paving with 6" compacted gravel base course and 2"asphaltic concrete surface, concrete walks, curb and gutter where not already installed: together with appurtenances and inci- dentals on the following streets and avenues: ON FROM TO East Cornell Ave. East side of South East side of South Broadway Lincoln Street East Cornell Ave. East side of South East side of South Lincoln St • Sherman St. East Cornell Ave. East side of South East side of South Sherman St. Grant St. East Cornell Ave. East side of South West side of South Grant St. Logan St. East Cornell Ave • East side of South West side of South Logan St. Pennsylvania St. East Cornell Ave. East side of South west side of South Pennsylvania St. Pearl St. East Cornell Ave. East side of South West side of South Pearl St. Washington St. ( 3) I • - ( ( • • • • ON ~ TO East Cornell Ave. East side of South West side of South Washington St. Clarkson St. West Eastman Ave. West side of South West side of South Elati St. Delaware St. West Eastman Ave. West side of South West side of South Delaware St. Cherokee St. West Eastman Ave. West side of South West side of South Cherokee St. Bannock St. West Eastman Ave. West side of South West side of South Bannock St. Acoma St. West Eastman Ave. West side of South West side of South Acoma St. Broadway East Eastman Ave. East side of South East side of South Broadway Lincoln St. East Eastman Ave. East side of South East side of South Lincoln St. Sherman St. East Eastman Ave. East side of South East side of South Sherman St. Grant St. East Eastman Ave. East side of South West side of South Grant St. Logan St. South Grant St. South side of East North side of East Cornell Ave. East Dartmouth Ave. South Grant St. South side of East North side of Dartmouth Ave •. Eastman Ave. South Grant St. South side of East North side 2. Eastman Ave. Floyd Ave. Necessary grading and excavation, compacted subgrade, and with 6" Portland cement concrete surface, for a total overall width of fourteen feet; together with appurtenances and other incidental work on the following alleys: -4- • of East East I • - - ( • • ( • • • • FROM TO Alley East of Corona St. South side of East Dartmouth Ave. North side of East Eastman Ave. Alley East of Galapago St. South aide of West Ithaca Ave. North side of West Jefferson Ave. (b) The description of the proposed district, and the property to be assessed with the cost of the improvements shall be all of the real property fronting or abutting on the streets and alleys between the termini hereinbefore described, including the real property within one-half (1/2) block of such streets and alleys. Adjustments for the assessment of costs will be made for irregular and odd-shaped lots and parcels of property. (c) The probable total cost of the improvements to be constructed and installed is $596,200. (d) The probable amount of the total cost which the City shall pay is approximately $136,500. (e) The balance of the total cost which is not paid by the City of Englewood will be assessed against the pro- perty specially benefited by the improvements, and included within the District. Probable costs per front foot for said improvements are as follows: Asphalt paving on streets 36' wide (6 and 2) $25.55 per front Concrete alley paving 14' wide $40.02 per front foot foot Paving of other widths shall be in proportion to the above estimate. 4" thick curbwalk -Type I $21. 75 per front foot 4" thick curbwalk -Type II $25.50 per front foot Vertical curb and gutter $13.50 per front foot Sidewalk 4' wide $12.00 per front foot 6" thick concrete slab $ 4.88 per square foot All estimates exclude the six percent (6\) for inspection collection, incidentals and interest as provided by law. -5- • I • - ( • • ( • • • • The costs of paving to be constructed along the sides of corner lots within said District shall be assessed against properti~s within one-half (1/2) block, or 300' of such intersections and corner lots, whichever is smaller, on a zone basis in accordance with benefits conferred on such properties. Each one-half (1/2) block, or 300' section, will be divided into six (6) parallel zones and assessments will be on the following basis: 1st Zone abutting on street or avenue .....•.•..•.......•........ 28.55% Next Zone ••••.•..•..••..•..•••.•.•.•.. 14. 29% Next Zone .•••..••••.•.•.••••••.••••••• 14. 29% Next Zone •...•..•.•••••••.••.•••••.••• 14.29% Next Zone •...••.••.••.•••••.•••••••.•. 14. 29% Next Zone ...........•..•......•....... 14. 2 9% Total 100% No assessments will be made for curbs, gutters and sidewalks in place which conform with the plans and specifica- tions for the proposed improvements and which are acceptable to the City Engineer. The cost of improving street, avenue and alley inter- sections throughout the District, and of paving in excess of 36' widths and 8" thickness on streets designated as arterial or collector within residential zoning as of March 3, 1980, will be paid by the City of Englewood. Property owners are specifically referred to the schedule of proposed assessments which will be on file in the Office of the Director of Engineering Services, from which the approximate amount to be assessed against any particular lot or parcel or property may be determined. Upon completion of said improvements, or as soon as the total cost thereof is definitely ascertained, such cost shall be apportioned to the property in the District. Notice of such apportionment shall be given and a Hearing will be held prior to the adoption of an ordinance assessing such cost, all as provided by law. -6- • • I • • - - c ( ( • • • • (f) Said assessments wi ll be due a nd payable without demand within thirty days frOlll and afte r t he f i nal publication of an ordinance assessing the whole coat o f s a i d improvements against the real property in s a i d Di str i ct: provided, however, that any owner who shall pay the full asse ssment within said period of thirty days shall be entitled to an allowance of five percent (5\). In the event that any owner of real pro- perty shall fail to pay the whole of such assessment against the property within said thirty days, then the whole cost of said improvement so assessed against the property shall be payable in ten equal annual installments of principal. The first of such installments of principal shall be due and pay-Ah •l( ~ able at such time as may be determined in and by the assessing ~ ordinance, and the remainder of said installmentslthereafter ~l}:-f:.>'~ until all are paid in full. The rate of interest to be paid ~'-J-:v> ,~~ on unpaid and deferred installments will be established by /tlrJ.i.;o~~ ordinance to be adopted by the City Council at a later date. t/,tfi., µl~"- ~v (g) A Hearing on the creation of the District will be held by the Council on Monday, the 31st day of March 1980, at 7:30 o'clock P.M., at the City Hall in Englewood. A public hearing shall be held prior to the final passage of such ordinance, at the regular meeting at 7:30 P.M. on Monday, April 21, 1980. (h) Any person desiring to be heard upon the issue of the creation of the district or upon the construction, installation or improvement of the improvements involved, may appear at the time and place set for the public hearing thereon for that purpose. (i) A map, estimate and schedule showing the approxi- mate amount to be assessed, and all resolutions and proceed- ings will be on file and can be seen and examined by any person interested at the Off ice of the Director of Engineering Services at any time during business hours on or prior to the date of hearing. Dated the 3rd day of March, 1980. (SEAL) Publish in: Publish on: /s/ G. Higbee Di~ector of Finance Englewood, Colorado Englewood Herald -Sentinel March 12, 19, and 26, 1980 -7- • I • - • • ( • • • • 8. A copy of the notice which will be published shall also be mailed to each property owner to be included within the district and who will be assessed with the cost of the improvements. 9. Should any one or more sections or provisions of this Resolution be judicially determined invalid or unenforce- able, auch determination shall not affect, impair or invalidate the remain~isiona h({eof, (J:.1 intanti6iFlieiu~ ~ vt~ia,..4r ~~-ho jnt-en1sieR Being . that the vatious P•Oobi .......... HO , ";2) X/U. A ,,;b.o"lb.)n -d.evn !J_ ;Cha/-J:lu._, /l)·JA.LllLt<J · ... -1.">'2. ..:i '-/u.u...1f' 4k.f ~.-<.-UAftl~ ADOPTED AND APPROVED this 3rd day of March, 1980. Mayor (SEAL) A'i'TEST: 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 Resolution No. , Series of 1980, passed by City Council on the 3rd Day ~arch, 1980 • ex officio City Clerk-Treasurer -8- • I • • ·In - • • ( • • • • 76 ai::SOLU'l'ION N0. __ 7 __ , SERIES OP 1980 A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF ENGLEWOOD, COLORADO, TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN THE CITY TO BE DESIGNATED AS PAVING DISTRICT NO. 27, ADOPTING DETAILS AND SPECIFICATIONS FOR THE PROPOSED DISTRICT, AND ORDERING PUBLICATION AND MAILING OF NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN SAID DISTRICT. WHEREAS, the City Council of Englewood, Colorado, has determined that . it is necessary to create a special improvement district within· the City, for the purpose of constructing and installing street paving, curb and gutter and sidewalk improvements, together with necessary incidentals, on certain streets and avenues as set forth in this resolution, and to assess the cost of the improvP.ments against the property specially benefited by the improvements and included within the district; and WHEREAS, pursuant to the Charter of the City and Chapter 14 of the Municipal Code of the City, the City Council has determined to construct and install such improvements, provided, however, that the City Council shall consider all protests and objections that may be made in connection with the proposed i.mprovto:ment:s, before orderiny the construction thereof; an<l WHEREAS, pursuant to an order of the City Council, the Engineer of the City for the proposed special improvement project has prepared and filed preliminary plans, specifications, estimates of cost, maps and schedules for the proposed improvements; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: l. That the City Council has determined there exists a necessity for the construction and installation of the street paving, curb and gutter and sidewalk improvements, together with necessary incidentals, on those streets and avenues which are more particularly set forth in the notice of hearing, and to create a special improvement district for such purpose. 2. That the Engineer's reports, together with the preliminary details, specifications, estimates of cost, maps and schedules prepared and filed with the City Clerk be and the same are hereby approved and adopted by the City Council for use in the construction and installation of the improvements to be made in said improvement district. • I • - • • ( • • • • 3. That materials to be used in constructing and installing the proposed improvements are stated in the Notice hereinafter set forth. 4. That the assessments to be levied against the property to be included within the district for said improvements shall be due and payable within thirty days from and after the final publication of the ordinance assessing the whole actual cost of said improvements against the real property in said district, provided, however, that any owner who shall pay the entire amount of the assessment within said period of time shall be entitled to an allowance of 5\ of the amount of the assessment. In the event any owner of real estate shall fail to pay the whole of such assessment against his property within said thirty days, then the whole cost of said improvements so assessed against his property shall be payable in ten (10) equal annual installments of assessments. The interest rate on the unpaid installments of assessments will be established by ordinance to be adopted by the City Council at a later date. The first of said installments of principal and interest shall be due and payable at such time as may be determined in and by the assessment ordinance, and the remainder of the annual installments of principal and interest shall be due and payable successively on the same day in each year thereafter until all are paid in full. 5. That the property to be assessed for said improve- ments shall be the property specially benefited by said improve- ments and included within the improvement district, and more particularly described in the Notice hereinafter set forth. 6. That there shall be prepared an ordinance creating within the corporate limits of the City a special improvement district to be known as Paving District No. 27 providing for the construction and installation of the improvements, all as described in this Resolution, and in accordance with the preliminary report, plans, maps, specifications, details and estimates of costs of the Engineer, herein referred to and now on file in the office of the Director of Engineerin;J sei:viaes.The proposed ordinance will be considered for passage on first reading by the City Council at a regular meet- ing thereof to be held on April 7, 1980. 7. Notice of the public hearing on the creation of the district shall be published once a week for three weeks in the Englewood Herald Sentinel, a newspaper of general circulation in the City. In addition, a copy of such notice shall be mailed, postage prepaid, to each known owner of redl property within the proposed district. -2- • I • - ( • • • • • • The published notice shall b e substantially the following form: N 0 T I C E ------ OF THE INTENTION TO CREATE A SPECIAL IMPROVE- MENT DISTRICT IN ENGLEWOOD, COLORADO, TO BE KNOWN AS PAVING DISTRICT NO. 27 FOR THE PUR- POSE OF CONSTRUCTING AND INSTALLING STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVE- MENTS, TOGETHER WITH NECESSARY INCIDENTALS, ON CERTAIN STREETS AND AVENUES THEREIN, AND OF A PUBLIC HEARING THEREON. All owners of real estate and property here- inafter described, and all persons generally, are hereby notified that the City Council of Englewood, Colorado, pursuant to its own order, has adopted preliminary details, plans and specifications for construction of street paving, curb and gutter and sidewalk improvements, in and for a proposed special improvement district within the corporate limits of Englewood, Colorado, to be known as Paving District No. 27. Said persons are further notified as follows: (a) The improvements to be constructed or installed are as follows: 1. Necessary grading and excavation, paving with 6" compacted gravel base course and 2"asphalticoonc:rete surface, concrete walks, curb and gutter where not already installed; together with appurtenances and inci- dentals on the following streets and avenues: ON East Cornell Ave. East Cornell Ave. East Cornell Ave. East Cornell Ave. East Cornell Ave . East Cornell Ave. East Cornell Ave. FROM East side of South Broadway East side of South Lincoln St • East side of South Sherman St. East side of South Grant St. East side of South Logan St. East side of South Pennsylvania St. East side of South Pearl St. (3) TO East side of South Lincoln Street East side of South Sherman St . East side of South Grant St. West side of South Logan St. West side of South Pennsylvania St. West side of South Pearl St. West side of South Washington St. I • - ( • • • • • • ON FROM TO East Cornell Ave. East side of South West side of South Washington St. Clarkson St. West Eastman Ave. West side of South West side of South Elati St. Delaware St. West Eastman Ave. West side of South West side of South Delaware St. Cherokee St. West Eastman Ave. West side of South West side of South Cherokee St. Bannock St. West Eastman Ave. West side of South West side of South Bannock St. Acoma St. West Eastman Ave. West side of South West side of South Acoma St. Broadway East Eastman Ave. East side of South East side of South Broadway Lincoln St. East Eastman Ave. East side of South East side of South Lincoln St. Sherman St. East Eastman Ave. East side of South East side of South Sherman St. Grant St. East Eastman Ave. East side of South west side of South Grant St. Logan St. South Grant St. South side of East North side of East Cornell Ave. East Dartmouth Ave. South Grant St. South side of East North side of Dartmouth Ave. Eastman Ave. South Grant St. South side of East North side 2. Eastman Ave • Floyd Ave. Necessary grading and excavation, compacted subgrade, and with 6" Portland cement concrete surface, for a total overall width of fourteen feet; together with appurtenances and other incidental work on the following alleys: -4- of East East I • • - - • • • , • • • ON FROM TO Alley East of Corona St. South side of East Dartmouth Ave. North side of East Eastman Ave. Alley East of Galapago St. South side of West Ithaca Ave. North side of West Jefferson Ave. (b) The description of the proposed district, and the property to be assessed with the cost of the improvements shall be all of the real property fronting or abutting on the streets and alleys between the termini hereinbefore described, including the real property within one-half (l/2) block of such streets and alleys. Adjustments for the assessment of costs will be made for irregular and odd-shaped lots and parcels of property. (c) The probable total cost of the improvements to be constructed and installed is $596,200. (d) The probable amount of the total cost which the City shall pay is approximately $136,500. (e) The balance of the total cost which is not paid by the City of Englewood will be assessed against the pro- perty specially benefited by the improvements, and included within the District. Probable costs per front foot for said improvements are as follows: Asphalt paving on streets 36' wide (6 and 2) $25.55 per front Concrete alley paving 14' wide $40.02 per front foot foot Paving of other widths shall be in proportion to the above estimate. 4" thick curbwalk -Type I $21. 75 per front foot 4" thick curbwalk -Type II $25.50 per front foot Vertical curb and gutter $13.50 per front foot Sidewalk 4 I wide $12.00 per front foot 6" thick concrete slab $ 4.88 per square foot All estimates exclude the six percent (6%) for inspection collection, incidentals and interest as provided by law. -5- I • • - • • ( • • • • The costs of paving to be constructed along the sides of corner lots within said District shall be assessed against properties within one-half (1/2) block, or 300' of such intersections and corner lots, whichever is smaller, on a zone basis in accordance with benefits conferred on such properties. Each one-half (1/2) block, or 300' section, will be divided into six (6) parallel zones and assessments will be on the following basis: lat Zone abutting on street or avenue ..........•....••••........ 28.55% Next Zone ••..••••.••••.••.••.•..••...• 14. 29% Next Zone ••.•.•••••••••..••••••••••••• 14. 29% Next Zone ...••.•••••.•.••.••.•.••••.•• 14. 29% Next Zone •.•••..•••.•••••.••.•.••.•..• 14. 29% Next Zone ......•.••.•.........•....... 14.29% Total 100% No assessments will be made for curbs, gutters and sidewalks in place which conform with the plans and specifica- tions for the proposed improvements and which are acceptable to the City Engineer. The cost of improving street, avenue and alley inter- sections throughout the District, and of paving in excess of 36' widths and 8" thickness on streets designated as arterial or collector within residential zoning as of March 3, 1980, will be paid by the City of Englewood. Property owners are specifically referred to the schedule of proposed assessments which will be on file in the Office of the Director of Engineering Services, from which the approximate amount to be assessed against any particular lot or parcel or property may be determined. Upon completion of said improvements, or as soon as the total cost thereof is definitely ascertained, such cost shall be apportioned to the property in the District. Notice of such apportionment shall be given and a Hearing will be held prior to the adoption of an ordinance assessing such cost, all as provided by law. -6- • I • - • • ( • • • (f) Said assessments will be due and payable without demand within thirty days from and after the final publication of an ordinance assessing the whole cost of said improvements against the real property in said District: provided, however, that any owner who shall pay the full assessment within said period of thirty days shall be entitled to an allowance of five percent (5\). In the e~ent that any owner of real pro- perty shall fail to pay the whole of such assessment against the property within said thirty days, then the whole cost of said improvement so assessed against the property shall be payable in ten equal annual installments of principal. The first of such installments of principal shall be due and pay- able at such time as may be determined in and by the assessing ordinance and the remainder of said installments shall be due and payabfe on the same date each year thereafter until all are paid in full. The rate of interest to be paid on unpaid and deferred installments will be establi..shed by ·ordinance to be adopted by the City Council at a later date. (g) A Hearing on the creation of the District will be held by the Council on Monday, the 31st day of March 1980, at 7:30 o'clock P.H., at the City Hall in Englewood. A public hearing shall be held prior to the final passage of such ordinance, at the regular meeting at 7:30 P.H. on Monday, April 21, 1980. (h) Any person desiring to be heard upon the issue of the creation of the district or upon the construction, installation or improvement of the improvements involved, may appear at the time and place set for the public hearing thereon for that purpose. (i) A map, estimate and schedule showing t~e approxi- mate amount to be assessed, and all resolutions and proceed- ings will be on file and can be seen and examined by any person interested at the Office of the Director · of Engineering Services at any time during business hou1·s on or prior to the date of hearing. Dated the 3rd day of March, 1980 • (SEAL) Publish in: Publish on: /s/ G. Higbee Di~ector of Finance Englewood, Colorado Englewood Herald -Sentinel March 12, 19, and 26, 1980 -7- • I • • - • • • • • • 8. A copy of the notice which will be published shall also be mailed to each property owner to be included within the district and who will be assessed with the cost of the improvements. 9. Should any one or more sections or provisions of this Resolution be judicially determined invalid or unenforce- able, such determination shall not affect, impair or invalidate the remaining provisions hereof, the intention being that the various provisions hereof are severable. ADOPTED AND APPROVED this 3rd day of March, 1980. Mayor (SEAL) A'i'TEST: 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 Resolution No. , Series of 1980, passed by City Council on the 3rd Day or-March, 1980 • ex officio City Clerk-Treasurer -8- • I • • - • • • • • • ~------~~-----~-·---···-·----- Po.gc ono . !l ovomb or ?.'I , 'l'J . Cue :;' 1760. To l.y Le:riyor 1 ' " -f,bI. I wish a list or prosecution w1 tnessea. /,"2. I wish to have the following character .. litnesse s and be allowed to projeot questions to them. A. The arresti~ officer. B. Cant. Nulle of the Ent;lewood Police Dept. c. Paula Collens. (TapesT) 6285 So. Newport. (PreTious State Dept. Employee.) - D. Dr. Rose; Psyoiatrist. Pueblo State Hospital. E. Hr. Artber.Y.neibel. (PriTate Citizen.) Tel. 1:~ 722-2GI2. • F. J.J. Albi. (ColllllUJlications.) (Tape ?) 173 So. Fairfax. Denve r. -/~. I wish to tostii'y in m:t own behalf. --!;1:4. I wish to be allowed to cross eX8Jlline pro se.cut:fon wit:.sses it I choose. It is rq hope that rq La-tiryer will make -aware at l east two weelcs in ~e. or aa soon aa possible. aa to basically what will occur at the next trial session. ./-I. "The s'traw that broke the C8J118l' s back, or balence in transition." F syohodynamics--- The interaction of Tllrious mental or em1>tional processes . especially when thay arc considered as constituents or a 11'•t411l of interrela~ roroes • ::~2. Behavioral analysis in terms o:f motiTes or drives. The Prosecution sto.tes that I went through the 1110tions of llaster- bation before him. The Prosecution also has a witness to this appair1nt aotion. • - I • • - • • • • • • Pac;o '1\<ro . If' this did in f'act occur, I at the present time am aware of the accusation and theirf'or can f'eel no r,uilt. For us to more !'ully percieTe and analyse the problem which we hav~ bef'oro us nnd attempt an intellcr;ent solution it becomes necesB&ey" ror us to understand more f'ully the Psychod;ynalnics of' the probl-. In my att.mpt to accept you as my Lawyer, as someone out f'rom me whom I must do my best to identify '1ri. th--- Cbjecti rl ty becomes tho main aspect or my attempts at ooll'lllunication. F..ow best can you identify with me, or I with you. to the benifit in any constructive wa:y to that which ?re ere? Peer---( stem part-) a share, part, parity, PAftLAY . to grant. allot (reciprocally) •. to Get in return. Understand that I have no real dislike of Dogs. I see them basically as impertinent Sons of' Bitches containing nthin themselves some type 01' Spirit. I even had a Dor; as a child and loved it very much. V:y problem is that my f'ellOTr hUlllails who are pet owners perpetuate the i~bili ty of' t.he avere.ge perso~ to COl!'lllUnicate intelle~ently vrith the combined Ego of the pet and its 01-mer. To truly represent me you would need to experience the nn . inume::-able times I encountered f~gs \~hen my mind vras someplace else. i:Uowing when this happened that it .,,.s because of the ovmers inability throu&"i lack of' Elnpathy and/or a:ny constructive standards to go by in training the animal. A proper l y trained do g could be an asset to us :i.11, yet because of inadiqui·te action in this direction we all must suffer. A perf'tct example is the little girl in Boulder who lost her life to dogs • • I • - - • • • • • • Par;e three. I have obserTed and roported 011J1ers who he.ve not only starved their "Pet" but driven it into a psyootio state. I consider Dogs to be muoh JllOre intellegent than humans give them credit i'or. The Teacher ~ atteapt to teaohi if' the ohild does not learn we must question where· tp!I lack or intellegent action exists. We f'ind• if we look deepq •. e:nough. that 1 t often exhta within our- selves a.s we oontinuo dealing with the problem rather than the -.-r. We will M'Y9r stop haring probl .... it be-• a -tter /"'!G- ot aob1.ng tho .. we ha"n aDd ..ari.ng on to better ones. I feel no anblosi t)' tor this m&DJ in tact. I see him as much a Ti.eta or circumstance f.s myself. It the act or which I run aocus"d did ooourre. t .hen I omust conclude that i t was because ot she.,. frustration at -.r inability and/or So o iet)'a inabiliq to _.,m, -1le on eny intellegent 1-.l. Thanlc 'you • • I • • - • • ... . . -~ • • • • / .. ' Your Eonor: jl.J I would like the opertunity to p lead Tl1¥ own case and to attem;>t to shcm reasonable cauae tor all of rq actions. I ask that you take into consideration the tact that I know very little about ler;~l procedures and may. unintentionally, make errors in wt:f preadtation •.. I feel that OOJ1111U11 i cation should exist on J!llUIY levels if the end result is percieved as .being constructive. Their are times under mitigating circumstances. when it becomes necessary for one to talk loudly in order to be heard. This incident make s the third t:ir.!e t his year that I have b e on bitten .~ dogs. At times I ~e· to barkin& dogs, as well as M.ving ~ g~e to bed. "the previous. night to the sound of barking dor;s:· '!'his problem ot excessive noise, while not directly connected with this case, is nevertheless, part of ah overall pattern which, I feel, can only be detremental to the general quality of life and possibly :::-eprCJ:.cmt :.. breal~i:!o\m in direct h~; ... q_o;:11B11r.i ca.t ion. I ha.ve, co-inco.dentally, contributed Tl1¥ time to a co!ll1li t tee, the conni ttee consisting of four dog owners and myself, Unfortunately, f""• .if any i deas were instrumented. Relavent to the present case, I had decided to soe i f I could z et an estimate on t he repa i r of nv car. I was on ey bik e and rode up to the ba~k of the Garage where this incid ent o c c uroc'.. :'\.:; I YIO." r;e '.:tin e; off 1:i;;r b ike the ovmers doe re.n out bark ing, a pproched me and n i pped my boot then backed off o.s I repremanded the animal to lay down. At this point the awner ca.me out and I attempted to tell him that he should control his ' do gs aotions; that it was a buseness establishl!lent and as such should be aooesable to all. The person then bscUIO angry • I • • - - • • • • • --------~-__ ._--..i--·------------- .·) 1 . ~·· I -··L- o.nd order< d 1118 otr the property. I wa.llced to the s idowalk ond upreaaed 7'f anger at what s..-d to be an inequitable i;ituo.tion. It b 1ff¥ contention that it &U3' guilt is to be placed in its proper perapeeti-it should not lay totally on the head or the dog. its CWDBro or 1111self. but should fall on the person e:nd/or establialment that allowed th9 dog probl-to continue at the ..• ti.ae. Dog probl-exist aDd will .~nue to exist unl•H those re~ble begin working toward& better ways of dog control for all o·:moerned. I hold no animosity towards this ~. nor did 1 at the ti:.1 that thia incident oooured. I oontend that 111¥ aotiona at tho t1mo of the oocuranoe were-justifiable and that upon detailed exaJ!li.Dation by the fair and Democratic . ' pro,,,ess ot"'1rial shall rind that I was tho victim rather than the 'creator ot an unfortunate situation. Thank you your Honor. ·- • I • • - - • • ., • • • -------------···-- I 11 i ·' . d \'I'. II I II .~I ·. \. • 'I I .... I : I \ I ~- i'la:•ch 14, l9.f9 Dear Mr. Norman: .·. I a.n ackn0wled ~ing your 'recent me~sage to Pr e sident Carter. Thank you for your interest in bringing your thoughts to our attention. Sincerely, ~~ ,t6r_ Landon Kite starr Ass .W~~ant '1 !:': ~ I. Tho fullo•"ini: "''"'" i• "'f-t:d (cho<k one:). i 0 Shnw 10 •·hu m and .blc dcli•·c:ttd . . •• ·--< [] Sh<lw IO whnm , .W.. oncl ..i.1,.~ nf d<li"<'t'Y .--' i 0 llES'ralCTEI> DlllVBY !ohow to whom and .bte dtli"n"'I. . . .---4 Mr. Eugene Norman 3651 South Logan Engl~wood, CO 80010 0 aa:sn1CTU> DELIVEJl\', She>• ro whom. d.tlt', anJi .-,SreH of Jc-hv&:r r S-• (CO!':SI 'LT po~TMASTEll l'Ol ffESI TH E WHITE HO l,;5E ; \. I I ' 1-:.~. Eu&ei ')~51 :::ou\ ,:ai L Le w.".>l .. ~ ... .. u--.;..n"L"("fn :J(l IV'E• eLC,\USl .·LI All S 1ru1 1&lS a " ~ • -----·•'""'' _,,... ~---•W __ , __ ..,_...,..1,-. ___ __. • I • - - • • • .,__,, ______ .. , .... . 11 !".l'!'Y. r.arter. !'re!>edent of' t h1 llni t <>d Statt>s, ~"iit;e ;{oul!eo ·-.~:a.~hinr.ton. &.~. c . ~lr: • • • r;u r;•\n f'l ... orP\f\n. ll8f> I Sout.h I.or.en • Enr.lowood. Colo. tlOJIOe lt la w1tl1 the treatest re~pect tht1t T attempt co-.mioatir:n tJ.i. this l'!!'Yele Certail'I upeota or our aituation u a •ation on National uid int.,rnational leYela Ythioh he.Ye ariaen ae-to oall for greater under~tanding and. if neoess&1'7. quick action on the part of the A.rlr.ri.nistration. l believe their!ore that it ia my duty to brini:; to your attention the following rac1:Ji • . ' , . Ba'oh of .,,.,' hf\ve abilities t .hat no other per..:on has, in tapping '\ these capacitiE>s and putting the111 to uae all -:f" benet'it. I find it not too difficult to corralate past and preaont facts into future ' r o~ential 11.lonr, with possible solution with oloso to one hundred percent success. I ber,an doin& this in recorded form 1n the early :;i.:-:ties. '1:-J "?r'J t\ict11'11,." delt with auoh things as the incre~aed ,"l wrufl.tinru; i n the r.old iitandard. oil , Boology, Viet •-· Mexico, e n e rgy, smo i:;. -e ot, nl o nc with positive solutions. T -t atreas the fact "this -s done wi \.h clo s e to onu hundred perce nt success up to t.eu ye ars in adYanoe. liluch of wha't I -at1:ealpting to p r oject .y be v ~li da ted i n a r el a ti~e context throuih local and State reoords. ! o f f er the f o ll <•wi .n i , which is tl"ue and pertains to Jl\Y&elf, in the hope het. so,... t ~·p., or u nd Gristamling l1MIY be l'ohieved • Yo\lra very truly, P.ur,one. Morman • • - - I • • - • • • • • • Jla' *f ' 1# -...o ---·-·•o •••"•O"O ... M 0 O P a i;o ono • . .l i!'fe?"e1:t ''thou(.:ht Odma?1 " ~?1 a relative ::o~'..oxt. You i;o e Odlllll.n ;;now thay "'''::-e. b.:>th. Re ho.~ a ~:iz ~ !'or life wt :i c!. j :~::ll.;J ed ::-.an;; o.nd v arie.i inter?:,t;. l'?'e of !:is !-.obbies i n ·::luded the ~tu :iy o i' whst h e .::alle .l ''i·.arrna". If y o u wer•> to as k him to intorr"lotionsi'>i;> of a li t li inr.s . ri:od rr.y ::itero s t include s tho vbser•a'\.i.:>n or -t,,hat ph~.)OIOOZIO!lo 11 '.1 ; ll'US ~ure in his hoart it was t.hat -,nd :nor<J, "or .. ·les s depondinr; on •:here you stood. Re ,,ven .:;nt(lre .i S&l118.hd1. ono tima •he said• but -.;ho oould po !<sibly be objective enour.h 1;o believe suoh a statement. ?e ~id.?s "thou@:ht O:illlan• 1 could never be that intellegent •rain. I ooul:i n.-.ver t each or show y.,u the "Light" whioh I ... s aw who ~ a se c~~d conta i ne.~ eternity. Eow ma:oy seco r.ds have com3 ::.r 11l i;one &1noe t hat one seoond o f total a ware::ws s . J grow olde r • sei ct Odman. To go froa perfection tO i ~erf~ction and baok once ai;ain. Circles oomploted wi t hin ccr.n;ile~ed circle~. oo~ing at last ..en in t h ~t which is !lo t oerfect . t~9 di111110nd fac~t ot its opposite. I ~row tired -..-~ a.!ld horo1 us \·:~ ll • r, ~ (· ~--«.. .. nEven so • it wa• necessary for hi• to take his next st \Dll~ling ste p since tj ~9 for him had not ceasod.• In lllY b ""'"~ 1 sh-:i w you the d ida~t1o truth in tt:e follOll'ing ... leg • • I - - • • \. • • • • "'t ....... ·-··-·-·--:--•'" l"'fl 1·,·· t wo. ::.:.~o l·:-.:.:..-.; •·:u;:_; :t:y 1::;·.-1.l!ull, hono !'.t :r HiJ i;roat O?"i rrw ·. tlon't '' !:now hor. ~ ~e~l at t his mome!'lt; €Xoept ouriouz Odm:ln for it i;; not .:>!'l:y y.:;u ~ s;>oak too,· ii.'::: hwaan11y. My l ove for you demands I a::k you ·to il Cl ?"Oifl-., tllt rrollll your center or beini;; for in Jr;/ (_ tte:i;pt to :!O J:ar.unicate with you, I er..mlnate rrom Forr;ivo at dear reader---i'or hesitating at t~ia moment in m,y attei::pt t.-> llil"i ta down what ;1d111an told me of his friend .• ' Charl:I e r.:>r you soE .. ab:·ve' 1111 ---I do not consider IQ' self a wri'ter. Af'ter h~ving known Odman f;:,r ao-ti-and then he showinf" JD8 the mind cf his friend Charlie it oauaed JD8 to look r..::.re ;leeply into nw:>•lf and I felt compelled to at le:ist ~-ry to set t~is sto:-y on papor 0 In persuing his analoe1 Odman related ·~he foll;n:inr;. to :ne of his triend Charlie. For :::e t:i t ruly d .~fine the word Karma for :y.>u CcimaD I muat tal:e YO'l i:-ito rcy past; you soe l'•~ es.inates fror.i our past. but whL:.t v:e 1" "l"it!1 it in our pro~ent determine ~ o '.:!" future • .<.r.o-:'1er oniJ of :t:J" hobbies " suddenly interjeote d O:h:an• h Y.riptoc.!'~l :.ses. Then he "ont1nl4e1. Charlio q '-l ic!-:ly took me i:lt o ?:is ;iast. ! s aw fear :;_:'.I his eyes, bul; i t. we.s on1y fear tl:ot he wouH h o re l"!!t, or tha+. my a.';t ·.·nt ~ on Yrou.11 ~ di'v'!lrt!-·j and full co ::'.!m.1 !\_c~tion Y:"·tld not occ11r, oth~nrls9 I 1+,l!llr Charlie had f <i ~r of !l-:>';h1ne, • . !"t•J!! i :1 r~p1 .V "'·':' 'i 0 r:\f) :tt4f:••: t i '>"l 1 ".Y01 t11 pu°'v f '.1 !P ~h 'i ~l ~l~nld 'f':.G.'"f 11 ~i1 9 l--r .. :··tnn l n~ ~n-i t 1:-;t1 n~· 1u ·ly 'lirclo can o r:ly o~,·~ur nt a ; ~ th!1 ···•· : i·· : . ., .• I • • - • • • • • • ;::: t:.i.tl.:iu;;; _,:;u 1:U c;J .~ so.y ·that 1n m:m;t tl.iruoticiro!I o r ::-.;i :;:~-~-~·.::;.te st~pid, trn+, ::hnrlie alway:; pointed ncaurately t~ ~::u l :-~.:1 by ·th:? r.io lltai ]Jicturei:; h;, paint6d tor mo lf I :-.~.:&f!>.1 ;;:; ::enter ;;:;,• iottent:!:on. lT.::1 ~nt ;:i\:J.okly i;!a-ough hia .:~.ild ::).->·l 1::rinfing o ·..o·~ what ~ ir.e at fi::"st T•er., <lisjointed ::.:; 11 u.: ... :i . '-.n i llusi.-.:17i ?.•rhap:;; he:· thought., yet his mother . . .m~ 7c:-y µr~.i.:Je ~n he~ .:;xp1Julat1on of the 1noideilt. ObrlousJ.7 11 ;i~y-~cal ra;:i.ifestatio ~: or aa::ethint not usual to this Planet. ii e ~hau.::;ht :::.ittlo auout it yet at points 1n his Ute the idoa o;' it y;.:iui.i s u:faco ar.d s t1mula te DAJW i.MDki~ in that .!iNcti.Jn • • ~ • .:!ecid~d 'to set up wha:t to h1a was an exper1-nt in .,_ s :>nc .• '\:l l ' •. irao silllJ"ly for th" :;atlsfactioa of his own ou:ios it:.'• '.'o ~n -;:an " he said" .:ioinr; ta;>es, n;>p roxi-tely 0119 tbir~ :::i:it?t!# ·. ;i.::ia u. -:-:-;1ek for .:; period ·ot tlareo and a half 7enrs. He <l ls~usso ~ the ~ol~tion tu various probleas which l:"C haTe in :oc!c-t-.r (\5 ·.~'.l !l~ thi'!'l!',S whi ch would occur it we contim.ie<:i c':l in;-~ 7! w ~~:L ~o !-.im '\'.:t>re neg!l:tiTe ps:yoholog1oal d 1rection:s o !' t•,-,•1,..~~t. ''..> w..,ul<i o:> wul l,c.t the "nd or each \'7(•·~k , :r.o to rt s:iot !'<b ove ··:mpi"c:, Go l orad o. ,.') would thon s et an-I 1:19ditate L :t,,J J.rnt · .. ~•:r .H·l ,,. t:> u:; thay oan t"·lld /I II .,.,.; , .. / Cf' 111,' 1/ .I . ,., ·~ .. ' ' ,,. ,-;( • · · • . "7""' =,1 ,' ( e YI • - I • - - ,.:. • • • • • \ "-. •. -·:::-7":-=-:-==.'. ........ . pciat in ti:,... 1'h"t p oi nt. for lll8 shn1 ·1 bo ~ doin r; S.o.s. cir,nala with a flo.sh : ic;~t t\t ri >;pocitie :i time in my :f'utui··~. • wl :ic"r. are ,j us t 'IOTi 'llfl l!i1~.,,.-t i!~ 111 tinio. Chnrllo was over 9S.( correct c!: thinf:oi ho ::i s oU;;sod. ;iharl i o told me as lftll that a f ter .;;;a ar.j a :!u.li' yec.r;; he o::i two coaseoutivo \\"eek ouds "in the ;:-rosenoo ol otl~r3. ·~ new nothing or tt.e e<1.;>e:-imnt." did do the s .~.s . sib!ll\le and objects did manii'os~. These aro reel a chill a t thb ICOlll!lnt or recolloo"l;ion vM.ob slowly illllkos All or ~ :-i•J~·t t :-y to tiDd 01.1r tnMt Tal.~, 1r ,.. don•t.,-n- I oa:i only real s.>r!"OT: f 0-;r 1oa. It•a t:-u. I •-th-undor '.hose oo:i:litlonF--s.0.s. signals --SAYE OUR SOJIJ.S. I did it Wi ~ & :.:'la.;hli ;ht...,)'O U Jmow. Thq wore their Uld gone- r.iechanical por.t"actio-a ••• AL-:ios t th? ,~houso.n::l Y•&r11 ago socae wise men s n.w a 1tar,the .· P.opi 11'.iv-ati ?!l Wlls bas ed on roll.awing stara that llOTN 1.'ro:u outor space or at leo.!'t i:i UllUaU&l patterns. ~th ot the objecta t "'.at I saw. e.t ·:J•'!ir d ic tant l>c:iints vere 111':9 ai;ars. Thay,on bo t:h oocft ~ i•.J n.:J • C•nter r~d :-~om 1_,ut ~r ;;pee? into om· ntmosphero I .... ' • ·i ........ -···~ • I • - • • • • • • .............,..__........ ... ~ ...... \,>·,• ............... . l'llf;.O ~'ivo. I aaw two atar:: at. a tim when I wa:i pn7ing to a Ctu-i1tiu GQd. ':he "l Al!.• that ll&!lkind on thi:s Plo:wt prqa toe I told you on tapes directed to Ni:imn the tbi'Dg8 that would begin happening, but you did 1 nt ~lie~e or did'nt oare. I oould help all ;,f you eTen no;ir, all that ia required of you b empatlQ'. . . . No, thay -rent illusion; when oth9ra persie·.-a the suie baaio thing that 70u ... , not blolr1Dg what 1a on your aiDI, the same in nll respeots except for the Jlirror U.ge one .-:>t call it illusion. It the !'•raon ste.Dlling pppoai te to J'P" drm out 001 paper what thay the•el"t'9s obaened, bring it to 7ou and it is the • .-except for the airror 1-p what can you ·' . .. sq except thq •~Gt. ~ ~ t l'lhat f'or1 !bing. 414'•t change aro\1114 -to .., cre•t degr ... I saw that -y;aro atill our o-worst un•lllJ'• You . r.:a into the ~ fans where I found the -aning of the phrase " oatoh 22 ". What di~ I tell those I enoouatered T ~r~· 1. t• s oia :;v reoord1 I 3ai1 I oould run the 'Place better than those in aut·norlty and I did to the lillited exte11t you allowed r.:e. One !sl:'erin in eicht months, that'• the mclioation 7011 gave .. al~n g with a rroat deal of negatiT• thou~ht. The thin~~ I did -re88mber ? The reoord ia their. The person 1 got to s ~eak who h ~d not said a 1r0rd in tw9uty yearaJ the life I s aTed and -the tvt!> boo1''l I wrote. The one book I wrote from the back t o 1..h., rr.,nt whioh can be read in tile oonTentional • I • - - • • • .... ; ~' ~ .. · " .. • • • y ·JUi" di;o's oould'nt aooo;-t it • r clln s till holp y <>.J • 11.ll y:iu :ieej is • 1.i ttle love &'•'' f'or:;iTeMSS in yo·J.1' :ioal so The ;>lau I of r al"<?i soc L;cy in t.he Jato sixties for eliainati:ig sm:>g was oons"tructlv• and valii but if you can't '\ ;;ca c:mtainc:l within the i:.\e!\ an al1110st e-8diat~ ;:irosi>"ot for pe!·sonal .onitalry i;&in it ia quiolclJ lef't b)' the wayside. !'.P.roba::ts and L&Swyer!i ·i;eyi:i;; to be leaders but auooedinr; rer;retf\1lly at this point in tu. in being basically ~rohants and JA.wyers. Vie have learned -11 in thb country ho1f to help ourselves, yet how -.ioh more -would gain for ourselves if . . ' wo •~a oount'r)',coul~ learn tho lesson of helpin~ each other . ' ' ., equal!j as .. 11. Yo• have learned seltishn9•s as 1D&ividuala, but not seltiahnesa to ita full and benitioial potential. Ia -lyalD& d"ply the interpretatiou given tor the word• "Delloorat" and "Republioan" I f'iD4 that, altho I consider -:::ysolt • De:11:>orat I .,uld. 111~• to be a Republican Preaiden'U9 ~.':1at you nee.i is a boneve lent liotator for about tt.ren years t~en bac~ to Oenlocraoy. "'T in'terpritation "aaid Charley" of' a ben~.Hlent di~tator ~uld 'be t~ia-• t'lDd fro~ sOllll place in your 'P.lidst one who• you consider to be orertive above all others, then allow this 1)9rson ac ~oss ~im;>ly li!>tG'l to t -.1s "orson " Fo=l• or T.lale" for a per1nd ot ~iv•Jn ·t l.1119. Then 1.ho llati o:i ·,701.111\ T:>te in a !>c::i~cratic C')nt'.l :~t---y e a or 11r.;1 on t!io vui,;,u:; tll'-t&s or tho'.1.r,ht cont'lino:\ • I • - - • • • • • • t..t \..l 1is po ;.:\~. >::h1trlie su1de:'lly hr.1-...d in h is clisco11r ,.,o, h•) oomi:iei-ed oloaoly all that Cha:-lie had aaid so far. Art.r ao:::ie ti-il11:i .eln?!:l"•.l he suddenly ber,o.n s pe akin g again. The subjeota he oho••• whon I atte-q>ted to .lorrelat., them with what had b c"n previously disc1.1sse'1, s .:M;'lecl rather UDUsual &Doi in th• begilllling unrelate.l. The Coyote anti the O::aj!;le era oonsidered :itrong 'ie•:\ioine in a s piritual wq by the Indians and i'rom past experience I -t ave•• said Charlie. We have buoom9J beoauae of a system ~t ~artmentalizes ev~ryt~ing, 11 Mation relative~ ' . . , incU1'tereiat .~ an,y auttering other than that which oooures ., to ua as individuals in that ~l:ltion. I aaw two stars at a ti-whe.il I was praying rith all my h11art that so•thing '110re .. intelleb~nt than us would interYene in our atfairs. It happened , but then I beoame lost in the -.s• ot your individual indii'f- erenoe. ".n soir.e ~s we oan ooa:pare the lation to a ohild who &l"'ter standi;ir,, b egins run::iing without first 1TalldDg. The cit i £ens o r t h i s nat\on :nust. t .. i·e t .hat: first rel ntively 111in n r ~.t eo 0 0 ':"!lt .,,.e n s a country can once er11i.:'I b•t in t~y int?: to run. ~e1t 1 ize cit izen that ~~ truly live in c h aos and c~n only b ep:i !'l comi11in r; awfly fro• that state or beinr throu r.:h i ,..t , .. 1 1 .. ··'!n t !\Cti<:!n (',, th• t>art or us o.11. Co:'IS "!'ltrated effort on whftt .,.., consider o ur leaaer probl 9~S c tt n le ~d to our • I • • - \~ .; t • • • • • • Pror-ress oo:ae!I f rom -jor i ty 0 1 inion, but l'lr !.t ~01110 clo.m .:)r l'ool s t&.:'ld ~' u;> a:id Tc i.o·JS his ooonion. Jr;dlv '..d111<l r esponai- bility betor our G~d muat be~o.e our basic theme lf we ~r v to survive at nll. '3eoo•• aware that this ia one l\'ation under ~od, indivis•.tbl.,. Brine together that which you haT• deTid•dJ peroieT• the ene~· and 1.l."ldtirstand that it is your1<olTe11, rich and poor ali~:e. In so dolinl!' you will f'ind yourioelTes treatinr, others in a 1110r~ just man.~er. In a Univ~rsal contoxt, Odlll&Do Uankind reacts a s a child; not lcnowini that ~inatie~,in tact, proved .• . . . perso1~lity that e~inates from our action, interaction and reaotion to e~oh other. It is that peraoualitf oontained .• in all ot ua, yet outside aD4 aeperate troa all or ua, that r111&& the ~·:orld more -:.uroly than you or 1' • Payoiatriats 11011 ld oall it the Pri110rdial Id, I would call lt tho sens• of justioe, truth,..and equalitf or laok their or that 1a ~ontained in all of U!S• \!anldnd •ust r.ro• up and learn toJ contend with . t~at ~ersonality through the uA• or empathy. In point of 1'aot , the n"ces s i '.·J of objeoti-;ity so ,.elf evid;mt that ex:ilanation aho u ld be unnesi•~ry • Those objeots ~xisted, Odl'll\n, and thay exi ~t e d on this ?hy31cal nlan•• I tol., n:> one o!" rrry exp•lrina?:lt. yet oth!'lrs :;aw basically th ~ 3 anio thine; th1t.t l peroieva~ an., at tha sllme time ••• On tw? con ~eoutivP-w~~kcnds mato an1 T was doin ~ s .n.:. ~1 ~nllls• '!'he ?('I d s "r.ainst t hst n c ourini; aro A,.tr,,nmrrt c hut we are 1ea1 :ne; wi ~h A:.tr nnun•;c ·~·'noept s ---Kar•• Tnt'inl ty. • I • • - - • • • • • • ,· l 'nr.o ni nfl. 'Tt 1:i all :n Y·''"' rr.inds, "'l-i"t yo•l :lo Y1it.h t!1e plo.y yoa as if to S9¥ ·i~'s true•. ··.'hat had b.1~n r <:lo.teJ ~.1 m,o by Od-11 oausct:l 11111 t o look and thi:1k more deeply about rrr:1 ow1\ 11 fe and so T find that 1 too Jmlst continue this !\anaic tale 1n an attempt to find its "~d or mayl»e tor u its real boGiDnillg. Like all of you. I am only hUllaD and like all of you wish to alt~r tho•• ne~ative realities whioh we are all aubjeoted to in what .-nr llaited Wfl.Y 1 possibly can. \le spend our ti-in wqa that have little -nnin&; to oursolvea. our cl1ildren or our fellow huiaDae ':ic . .. . ' . -. . need a. new h-rt ·~. a n-per!loa.o.lit)' so to speak on a lfational l•~•l• -~~ &l''J enterbg that time ot the year 0 dear reader0 -shen Christ should enter our hearts; aistletoo and presents .• abound. T.et's del9¥ thin~ing about inconaequential thinr,a liko stsrs and sii;nal~ wi~h flashlights; instead consider the olive tr••• pard•n~abaol-and r.1-up resentaent. It is;' ti~e once ar•in to wish our friends, our neichbor~ anj our lovoil :mes a IF.Orry C!1r h t.in :111 aJ1'1 a better ..,_ Year. In a sin~le \'!"!"".! -FC :t:::lV!'.'• .Ulow a renawel of the holy :~pirit tho.t dweHs wl .. ,,1b\. Le t us eom togeo.ther for the ber;in.:iine; an".! .,nd of a':'r,/ cirele ca:i only come to mini! at !!I third '!)'lint en·! the thr~0 !Ire one • • I I • • ,,...;In - - • • • • • \, ··········---- J ... 11~.·11in•N•'ili".ifW111i"lili\'ttlillfl'fillltt•t~•-·lil'diiil*lil"' ......... illl1M1·: ........... __________ ................. ~ ~ .. -..... _ .. ~ .. . I It is all in ;your alDda• 'lllll&t TOU do 'Id.th t.he play 7ou are in "letel"ID.i-· ;your reauv. Odlllan looked at -dear reader as it t.o '1'fe spend our ti• in -7• tbat haTe._ llttle -anini to 011r children or eaoh other. l'le need a new h .... t. a -)ler•o•llt:T 10 to •.-k aa a •u...i and 1a-..u._1 1 .. e1. All-a r ...... 1 ~ tbe Hoq lpirlt U..t a.ua within. eaeh o r you. Let 11a ~ together .., fl"lend. tor triend I 'Id.ah t.o oall you. Lla-.i, gift heed.Daath cloee not ohooee lite 7et death la the lfireoti~ ot thought I 8M 7ou .e~ )'OW•el,,.. .into. Stop • . , COMi._. 810re 'olaa•~J t>eoa.a ....... pre.be U4 aaet in ;rovr .,. oYer-11 ~ala ot .., a~ at .._mloation. Let ua 1hu-e our "Plrit and in ihu-1~ -b•OC*e greater. In o~ing 1 .. , yn u beoo-le11. Let us togeathv quench the !'1-s ..., create fo1· 0 11rselYe1 for thay are without a cloupt na.ich r,reater than thos~· "l l oYing God would ohooae 1\r us • I • • - - • • • • • ~---··· '-":- -~· /.,;. c'1•oti:i zo~ ;\'3 exist in , tho \word t'or it is !:.°Tolution. Of ·~an, I s c C' :;.;· ;i ~l!' ~··.ly ar th-:i 11~t:i-thesu:; of your dream ( th11t nii;htmare o f r ei ali •Y ..,. t:!itis "; i ~). It t hen dn .. mi: on ·.1e that our problom ii: not ::Jf rood -:ir mrel but :::f o•tt:etics, syuetry, h o.lenoe---::1 ·~hinr: <if '!>H.ut~· wh ·; .~h mi1=h t yet exist .in the eter11it.1 of ·t imo. '!'o who.t de;1 ·~e Oti!l 'o i n ·::.err;;late in thn h o1·n :ind now; not to rr;y detroment nor ;;o ur;; l1;.it,~o our ~•c•n efi-o.I :u:;"'iiefinatl;y pDO Amflrica , it ·is the Hn i ~:?d •t?i i01.'·i.n,:: ".:I r -i:!.e i :iC:.:..i::..:u r.l I quosti::Jn • .A:aericam auppoaidlY a:-e 1".0oj l't ('.ar.lllSl I ::itter you "ii' y .:;u are intellei;ont onough to • I . • - • • - ., .. : ·r ~·O -:-"'C • .. . ~ ·.he b!·:. '.:~>:or t :10 fnt .. r c -;:tAY become. ~n the ttt'.'O~ I nontionot\ , . . , ~;-~c·· :~:' tho ";,;-r,;• ''"}l°C to P:r esc11cnt ~!i:Jton ... I o.\,teT'l'"::tl. ":.O r~~·:nn',,.!CtO a ff\-.ror; •3.r:!."!f nr in-act~on on t~c ~o.rt of us allo no me t ~-'::;on • • I • • - - • • • • . . • -·-··· ,_.,,,i•"' ,,,. .~r<:r ••• ·-· r.-r" a<' in"'' a«•"'"' •~' '"'. ,,. , .... , •• -,,.· •y .... •""''"''th• -···"" ""'"''' • ..- ""''"''"" "'" .... "' r >'r'.'· •' -....... , ... ,,,.w. "'" ........ ...,., • .,., \oo• ""' ,.. .... -·· 1t ..,., ••• "' .... ,.,~, • ..., .. r.• ••• , .......... , .... r-'·" .... n .. "" ,,,,., ...... fo\\00 •• if •• .,., ....... •"' co••""~····· ,,.,, ....... ''"" ........ •·•'" ... -· ........ -·-·"""' •"·' "'' ,; 0 ,,;tal ,tat• of, .. ,,_. • .-1•----soo\ata\ ,.,,.,tur• of >•-" bcfO'' <h• ,,.. .. ,..,of '"" . .,.,,. ..,., • '''' •••\• b• ""'""°'" ~"''' , .. •••'""'for Uo •''• ·-. . ~ . . • • I • - - .. \ " ,. • • , . • f"''S"i m * ,. th< ••" ,,; , •' 0 , . ..>11'_ ... 1 oM i n ,_,;en roc.O-i ct.d en< re><~'' . •. ,.,.,...... ........ ,,_ 0 ctin< 1o ~-., ro•l ~nd pw . ,.,_'11 ro&ct in dotr-ntal '"'[C,tJ>--'"'olVCC. c?d l I ,...----•--·-·-····-----•• 0 -• ... , '""""" ··-~itl.oi"' -.. ""'., ..... ··"'"'uot iY•l> •r .;· .. ·"";!"''" .... ~ oa >ei•< ••""""' t,.,t ••t in ~---------···· . ' ... _,,~·~"' 1 _. ....... _... • .,,,. .. th'• ,tat!.~ ... ""~ ,,;.-_ .... u •• "°'t of yoor oollor•• I ••"'"°' all ""' or•" .................... or all or~ """'our.,. .... .. to ,,,,.,.blY you ..... ,.. 1 ortor thi; otat1o•o tM uote""' •""you on 1ntolect-l •""'""'°' l ,...J.d li1'>o 1f po>o1bl•o ..... .. . . ,.. .,.1.otoor "II t!..-in .. ortort to or••" • cro"'' d th <>-• """ .,_ be1"& better .,-,.tion on tbo port of .,. ollo .. ~ .. """ ,.,,.. • .......... if ,,.. ,, .... -~ .,,., to ......, ......... • I • - • • ·:\·~:,.J ...... -. \'. I '. <· ·, • • • I • - ~. • • • • • • l 'ut.'.;u Ono. Dcc mnbcr , E l79 . lt remains obYious to .., that none of us are perfect yet •te each are perfectible and (1 assU11111Jf all or us continue soekinE pertection. 7or one to attempt pertection it often bocomew necessary to see and understand the imperfections in our live~ aJld then do our best to ~ter those into more bonitioial w~z for ou:·selTes and our fellow humans. Once more 1 otter Wll a'!>Ologies to this man with the hope t hat all of us as a P.ation can begin finding better ways. Example ••• Improved T.V. Programs. lmpr1._~ed in all are~s, e91>ecially the area pt:rto.i ning to com- me,J\Oials (Dog food colll!Mlroials included.). The potential for hann to the Persona ot each indiTidual in this country from comaercials is proof positiTe that brain~shing is a reality. 1 telt sadn9•s but no surprise when close to a thousand people died in Giana. 1 felt sadness but no surprise as well when the 4 ; \:hicaDO killed the bus driT91" in Engl.wood. DelTe deeply i:ito the Psychi ot this person and ,,. will tind that he condemns us more than ,.., could e"Yer condemn him. lmprOTed progrsms would include areas of thought in Psycology, Sociology, Theology and Philosoi:>hY on a more adult and infol"lll&tin level. (ffo .1,uc// C./J Ex.ample ••• llore mature Radio and T.V. talk prot;rlll!IS• Cur local radio moderator Allen Be r e; depicts precisely ~·mat I Ul attempting to illustrate. 1 consider Er. Berg to be quite smart in numerous areasa tut on the intellectual draw yet at ti.Jaes he is muoh 0 to~ fast on the trit&er,so to speak, to his detrelll9nt u well as ours • • • I • • - - • • • • l' ac;e 'J'wo • Let me projoct o. relatiTely new idea in conmunicat ions--- You the people of Colorado allOY 1118 to be the moderator between llr.Allen.Berg. and the callers to the proc;rOJ11. All conference calls inTited and accepted. ObjectiTe-more intellegent and i~ fonu.tiTe wqs of thinking and problem solving in an over-o.11 . -· ~ Attelllpt to more thoura117 UD491'.atand our cultural characteristics. "(/hen one's Country is in trouble, patriotism rrl8:f manifest in Taried and unusual wqa. An anal•Q' -ru:y be shown in oil painting; oonaentration on the shadow areas or the subject produces the object in the picture. I rest vq case • ... Eugene. '1 • .• I • • - • • • • • • December 7 • 79. The Id. The ooncluaion I must come to in my O'Yer-11 analyses of the objecta I obae~d ia thia~ RelatiTO to that which I obserTed• ._nklnd is only beginni n g its eTOluticmair;y clhab trcm the primordial clay from l'lhioh Tre eTOlvede Basic logic would deJlll.Dd you listen to me. Let us assume (For the mcment.) that the objects I obseM'ed,. (i'lhe~ I mis doing s.o.s. signals with the f'~sh light.) were either an illusion or haluoination on m;y part. I,lllllet then ask one question. Does tliat make the entire matter ~ less Validf I am disW.sing the Soul,. in lif'e as well as af'ter death. ?q Soul after death is a matter that must depend on.~• l!,y Soul in t!1is life must depend on that total God out from me as well as that which enminates f'rom within me. The World may be an illusion but the Jlind is a r~alit)". At the points in space and ti.me that I obaerTed the objects I -..s prayi.Dg tor their Soals as well as / ours. I can oDl.7 conclude in m;y day to day observations that we ahould all try a little harder. I see my f'ell~ HUlll&IlS destro;yi~g themsel"Yes tor no 'ft.lid reason. The idea I brought bef'ore Ci1.y Councel pertaining to the waste plant -s valid. The reason it 'l'IW.8 not impli.mented was due to monopolistic tendencies. greed and laws that were Talid two hundred ;years ago but have become invalid in our present time. Analogous situations may be applied in areas of Schooling. 1·'.edioine. Prisons. and . Old Age Homes. Let us. as a Nation. find a balonoe between aggression and compassion, Through understanding 1'9 1111¥ sOZ!K·day achieve even wisdom. It becomes obvious to me that 1- distorted inf'omation creates distorted oonolusions • • .• • I • - - • • • • • I saw, eTen in 1946 while in the Ba?,Y, that we as a Nation l'/Ould eTentual:.y have trouble in the Uid-East and in Cuba. I knew even as a seTflnteen year old youth that it is impossible to purchase loyalty. Try to understand that one "lrord may a!ter one's entire pb,rdoal reality. !'hi• entire paper nolTee tTom the past, it is my desire to deal with the future for the bonifit of us all. We can run but I see no~ to hide. Je•us said,·~ ~e "A Prophet is not without honour, but in his own Country, and llJ!IOng his own :.ctn, and in his own house." Let the Children first be filledJ for it is not Justice to to.ke the chil4r~~·s bread, and to C'ast •it unto the dogs. '·~uoh of, tradition is well and good, yet some still holds us in chains. I offer 7ou a e;ift that you ~ profit in what-ever another• U' you camiot see my 19'ftl ot anareneaa then God help us all. Thoui;ht creatos action, to.Trow is created from today. Ir I feftl that ray Lawyer is not ropresenting me properly,or to the tull extent possible, I wish to maintain the right to r e present myself • • I . 0 • • • • 0 •, eag••-.... ··-·1tnll;..l,=>-bor1t,1t71 -. : • - ;Critical report giyen tQ Che~relytj Manor .. :· Home - •• .'. ·' .. • --"-<:~·. ByT89J'Sftse-BitU-... _ -_=, .. ---· : 'Ale facility will be inspectect"api• in three ';reiiortsaid. · . September usiially means that many of months lo see if a year-ions certification can ' "Normallv we make u11 a l!Stof tl~fl~i~ the YOlllll employees of Oien:elyn Manor _ be sranted. ci• and 1ive-!he facility 30 dliys to cOl9 Xursms Home in Littleton WJlh quit and ' into compliance,·· Kr~use said .. "U tJ;e viola- retum to school , leavifts bi1 hole_~ in the staff · "11iEY WERE in bad shape when we lions are severe, we demanil immediate roster. This year the a._.1 exodus wu weat in durinsSeptember," said Bill Krause, dlanaes ." · blamed for a tone list or health and safety . a apokesman for the Medical care Licensins •·ioiatiollS .lhat are threaleliinc the facility's ..i ·Certification Division . The borne was !!atus with state ~ federa~· health··-eare .siWll So days to correct the n}ost blatant agendes. ·.--: · -. violations . Experts Crom the Colorado Department · "We had nurses eoin1 in there Oil a week-· of Health spent two days makins an _a~I ~Y basis," Krause said . i nspection of the 26f-bed fac1hty. 1n The report sail! the facility had a shor- September. A 32 -pase . report of tl!fir tase of nurses and mirsins aides, that 10me findinp issued in Oct~r listed 1_15 deficien-patieftli weren 't siven acce11 to fresh dril)k- cies and said the nurSIJll home failed to com-in1water, and that the facility was dirty. ply _witk more than 30 state and federal stan-The report alllO said the personal needs ' dards. ol lhe patients were11 't beins met, tlMt "mos t But another team rJ. health department men needed a lbaYe, many presented ~n un- experti vis ited the facility in November and clean appearance, and a majority needed found tlaat "a majority of the deficiencies mouth and nail care." Catheter ba,1s were had been corrected." Hence , the nursins found on the floor, Ille report said . • home , ~ S. El a ti SL , will be certified for · Sterilized con..iiners were · found with another six months -instead or th e usual seals open and the inspectors found evidence ,·ear -and can cont~ to receive Medicaid of dr1111 beins dilpensed and stored without and MMicate fundins for certain patienll. proper identificatia. and record-keepi_ns ;the CITY COURT -- • • • IF A NURsL'llG HOME doeln't meet standards after the erade period; the heallil inspectors can recommen!f that federal cer- tification be withdrawn Ind that the stale license be revoked . Cherrelyn's director, Juanita GustafSOll , said the exodus of studeats this fall createcl "a terrible shorta1e of itarf." Roa PatterMn, a lpOkesmu for llle owners of the facility, said tlll staff at Clierrelyn challen11ed all w parts ol 61 of llle deficiencies on the orillaal list, and tut · muy of the deficiencies never really u- isted. "'!be six people doinl the lllllWY maylle didn't do the job as SoOd u they shOllld bave," Patterson said. "When Ibey cuoe lNldt for the second inlpectioa, they foum a.Jy lle\lell deficiencies ll1ll nilled. '1W wu "clue either to a lhiracle or m is!Ues ;.:: the first nport." But the health depa rt m en t re;>:-:: criticizes more than just staffin g ce fi c :<o.~ cies. It allO said the bo ard that ru::.; :::: nursinc home appears to be unron cer:.~: about the "day to da y operatio~ oi :.':: facility or the quality a nd quantity oi e<:e ~inuivn ."· THE llEPORT CALLED Cherreh"TI ~ "extremely dirty facility," ~nd said-s~:: memben aren •t adeqwat ely t ~a in rd :<'.' observe the ri1hts of patients, that the c::- sultant ... rrnacist probably doesn't ;;;::::: enoush lime in the facil ity . an d that ··;::.: shifts bad an insufficient number or c:io.:-~= nurses ." - Kra-a11reed that the fall exodus of;-:~ dents a.Id have contributed to so:::e : : Cherrel)'ll 's problems. But he also sa :o :..·~: the facility is inspected about the sarr=t ::.::-.= every yeer, an d that Ch errelyn ha s a :-.'"~:.; done "pretty 11ooc1 ·· on pa st inspect ions . "I ca11 't ever recall one as bad in tl:e :.~;: at Cherrel)'ll ," Krause sa id . - •