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Home My WebLink About1980-03-24 (Regular) Meeting Agenda- • • ~City Council Meeting -Regular March J;r, 1980 &4 • • • 0 - 0 • • • • • CITY COUNCIL MEETING March 24, 1980 RESOLUTION I_/. j!, 10, 11, 12 ORDINANCE I 4, 5, 6, 7, 8 • 0 0 • I . - ( ( 0 • ( • SPECIAL MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO March 24, 1980 IO- The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on March 24, 1980, at 7:30 p.a. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Fitzpatrick. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Utilities Fonda Deputy City Clerk Watkins RESOLUTION NO. 9 SERIES OF 1980 * * * * * * A RESOLUTION OF THE COUNCIL OF THE CITY OF ENGLEWOOD NAMING THE NEWLY EXPANDED PORTION OF THE CHARLES ALLEN FILTER PLANT IN THE HONOR OF VINCE WERTIN. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 9, SERIES OF 1980. Council Member Bilo seconded the motion. Upon a call of the ro l l, the vote resulted as follows: Ayes : Nays : Council Members Higday, Neal, Fi zpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • I) I • - 0 • • March 24, 1980 Page 2 • • • Mayor Otis read the resolution in its entirety and pre- sented the resolution to Mr. Vince Wertin. Mr. Wertin received the resolution and gave appreciative remarks to the Mayor and Council. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF MARCH 3, 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 Keena noted corrections to the minutes of the special meeting on March 10, 1980. The correction was on page 8, second line -change $2,6000 to $2,600. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF MARCH 10, 1980, AS AMENDED. Council Member Higday seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mrs. Kathy Busch, President of Arapahoe County League of Women Voters, 2305 West Berry, Littleton, appeared before Council. Mrs. Busch discussed the 1980 publication of the Voter's Guide and expressed appreciation for the support the Council had given in the past. She requested further funding in the amount of ~700 for the purpose of continuing the publication next year. She stated a letter of request had been submitted to Council. Mayor Otis thanked Mrs. Busch for the voter's guide and stated that Council would take her request into consideration. * * * * * * • • I • - ( ( 0 • c • March 24, 1980 Page 3 • • • Mr. James Sprinkle, 500 East Grand, appeared before Council. Mr. Sprinkle stated he was the business manager for All Souls Catholic Church, 435 Pennwood Circle. Mr. Sprinkle asked that a public hearing date be set for the application for a Special Ev e nts Permit to serve beer, wine and liquor on June 7 and 8, 1980, at the annual festival. COUNCIL MEMBER HIGDAY MOVED TO SET THE PUBLIC HEARING DATE ON APRIL 21, 1980, AT THE REGULAR COUNCIL MEETING. 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. * * * * * * Mr. Brian Kittle, representative for Southland Corpora- tion, appeared before Council. Mr. Kittle presented his request for a 3.2 beer (consumption off the premises) license for two 7-11 Stores located at 3501 South Logan Street and 3900 South Broadway. COUNCIL MEMBER HIGDAY MOVED TO ESTALBISH THE NEIGHBOR- HOOD AS ONE-HALF (1/2) MILE RADIUS FOR THE 7-11 STORE LOCATED AT 3501 SOUTH LOGAN. Council Member Neal seconded the motion. Council Member Bradshaw opposed the motion and stated she preferred the designation of neighborhood to be larger possi- bly one mile radius. Mr. Kittle statead the one-half mile radium would be more appropriate since these stores were shopping conveniences for small designated neighborhoods. He opposed a one mile radius designation. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Otis. Council Member Bradshaw. The Mayor declared the motion carried. COUNCIL MEMBER KEENA MOVED TO SET THE PUBLIC HEARING DATE FOR THE 7-11 STORE, 3501 SOUTH LOGAN, ON MAY 12, 1980, AT 7:30 P.M • • • I • • 0 • • March 24, 1980 Page 4 • • • Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER KEENA MOVED TO SET THE PUBLIC HEARING DATE FOR THE 7-11 STORE LOCATED AT 3900 SOUTH BROADWAY ON MAY 12, 1980, SUBSEQUENTLY FOLLOWING THE HEARING ON THE 7-11 STORE AT 3501 SOUTH LOGAN; AND THAT THE NEIGHBORHOOD BE DESIGNATED FOR ONE-HALF (1/2) MILE RADIUS. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Member Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mr. Dick Dittemore, attorney, office in the Continental National Bank, appeared before Council and presented a request for a 3.2 beer license for El Rancherito located at 16 East Girard Ave- nue. Mr. Dittemore requested that a public hearing date be set and a neighborhood be established. Mr. Dittemore amended the ap- plication for "3.2 beer -on premise service". Mr. Dittemore sub- mitted a check for $500 to pay for the petitioning survey fee of the designated neighborhood. Mr. Dittemore asked several questions con- cerning performing a petitioning survey in the confines of the res-taurant, Mr. Berardini stated the court has decided that the signature of patrons for licenses of this type are not admis- sible unless they were of residents of the neighborhood or owners or business managers of businesses in the area. COUNCIL MEMBER FITZPATRICK TO MOVED THAT THE DESIGNATED NEIGHBORHOOD BE FOR A ONE (1) HILE RADIUS EXCEPT TO THE NORTH AS FAR AS YALE. Council Member Higday seconded the motion • Council Member Bilo opposed the one mile radius designa- tion and stated he preferred the area to be smaller. Upon a call of the roll, the vote resulted as follows: • ) I • • - ( c • c • March 24, 1980 Page 5 Ayes: Nays: • • • Council Members Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER NEAL K>VED TO SET THE PUBLIC HEARING DATE FOR MAY 12, 1980, AT 6:30 P.M. 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, Bradshaw, Otis. Council Member Bilo. The Mayor declared the motion carried. * * * * * * Mr. Milton Brown, 3162 South Emerson Street, appeared before Council and discussed his concerns regarding the poor ser- vice he has received in trash removal. Mr. Brown stated he was neither receiving trash pick-up at his residence, 3162 South Emer- son, nor the property he rents out, 3369 South Emerson. Mr. Brown stated he has a contract with USDS but has to call them constantly to pick up trash. Mr. Brown stated he contacted City Manager Mccown prior to this meeting regarding his problem. Mr. Mccown stated he called the trash removal company and they could not substantiate why they were not picking up the trash. Mayor Otis advised Mr. Brown to make an appointment with Mr. Mccown to find out if the problem could be further investigated. * * * * * * Mayor Ot i s asked if there were any other visitors wish-ing to speak to Council. Mauric e Merlin, 3668 South Sherman, appeared before Council and referred to the agenda items regarding award of bids for various equi pment. Mr. Merlin spoke against the City owning equipment outright and suggested renting it instead. Mr. Merlin asked that Council consider his suggestion before taking action on the awarding of bids. Mr. Harry Carlena, 5471 South Sherman, Littleton, ap- peared before Council and spoke in opposition to the water tower • • I • 0 • • March 24, 1 98 0 Page 6 • • • presently under construction at the Euge n e Fi eld School for the reasons that the tower would be too high to c over up easily and that its presence would depreciate th e property in the neighbor- hood. Mr. Carleno submitted a petition conta i ning 23 signatures of residents in the surrounding area in opposition to the con- struction of the water tower and requested that it not be com- pleted. Mr. Carleno suggested that the tower be reduced in size, painted a sky blue color or placed underground. Mr. Vic Quinn, attorney, 1415 Security Life Building, appeared before Counc i l and spoke in opposition to the water tower. Mr. Quinn stated he represented the University of Denver in the interes ts of its new chancellor, Mr. Pritchard, and prop- erty on which Mr. Pritchard lives. Mr. Quinn stated the property was in the vicinity of the water tower site. Mr. Quinn stated the tower would make the area unsightly and effect property values. Mr. Quinn stated most of the people in the audience were in op- position to the tower, they were not residents of Englewood and would not receive any benefit from it. Council Member Higday stated he was sympathetic with the people; however, the water tower was the only answer to solv- ing water pressure problems the City was experiencing in that part of town. Mr. Higday stated a public hearing was held on the pro- ject; the school district was contacted and, based upon informa- tion received, construction was approved. Mr. Higday stated he knew of no alternative that would not financially destroy the pro- ject. Mayor Otis asked Director of Utilities Stu Fonda to appear before Council and explain the matter. Director Fonda appeared before Council. Mr. Fonda explained the water pressure in the southern portion of the City had been inadequate for nearly 20 years. Several attempts, had been made, none of which had been succes s ful, to increase the pressure. The principle developed by the City's consultants was to have an elevated surface that would be high enough to pressurize the system. The site was chosen after looking at several areas where the tank could be located, and the only lo- cation in the City that was adequate because it was the same elevation as the highest ground that it served. The site was also the only vacant land that the City had that could be used for this purpose. Mr. Fonda discussed the advantages of having an eleva- ted storage tank versus pumps. Mr. Fonda stated the proP.erty owners directly ad1a~ent to the tank site were contacted ana most of the people seemed • I • • • - ( ( 0 • ( • March 31, 1980 Page 7 • • • happy that the land was going to be rid of the bushes, bugs and motorcyclists. The school district was contacted and they pro- vided an easement across their lot. Donald Bogner, 5360 South Grant, appeared before Coun- cil and spoke in opposition to the tower. Mr. Bogner stated he worked for the Denver Water Department and felt it was a better system for storage, regulation and distribution of pressure. Mr. Bogner stated he felt the City was remiss in not contacting him and destroying property values. Council Member Fitzpatrick stated the contract has been let for some time and work has proceeded to the point that costs would be prohibitive for tearing it down and starting over. Mr. Fitzpatrick stated the only thing to do was to finish construction and at some future date hope that some other system could be in-stalled. Mayor Otis declared a recess at 8:40 p.m. The Council reconvened at 8:55 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the vote resulted as follows: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent : None. The Mayor declared a quorum present. Mayor Otis asked if there were any other visitors wish-ing to speak to Council. Mr. Harry Carleno reappeared before Council and sub- mitted a second petition with 11 signatures of people in opposi- tion to the construction of the water tower. Council Member Higday stated Council informally agreed to form a connnittee to investigate what could be done to make the tower more asthetically acceptable. Also, some of the residents of the area pointed out to him it was a definite hazard to some of the children living in the area because of the construction itself. Mr. Higday asked the City Manager to see what could be done about putting a fence around the area. Mrs. Isabella Knight, 3021 South Lincoln, appeared be- fore Council and spoke about her concerns over problems with dogs running at large and barking. Mrs. Knight stated too much of an issue was being made over the cats when the problem was dogs. • I • - • • March 24, 1980 Page 8 • • • Council Member Fitzpatrick advised Mrs. Knight to call the dog catcher immediately the next time she noticed any pro-blems with dogs. were: * * * * * * "Co11111Unications -No Action Recommended" on the agenda (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) Minutes of the Board of Adjustment and Ap- peals meeting of February 13, 1980. Minutes of the Parks and Recreation Com- mission meeting of February 14, 1980. Minutes of the Building Code Review Com- mittee meetings of Febr1Jary 14, February 28, and March 6, 1980. Minutes of the Planning and Zoning Commis- sion meeting of February 20, 1980. Minutes of the Water and Sewer Board meet- ing of February 26, 1980. Minutes of the Downtown Development Authority meetings of February 27 and March 12, 1980. Minutes of the Library Board meeting of March 11, 1980. Memorandum from the Wastewater Treatment Plant Director to the City Manager concern- ing the January Report. Memorandum from the Director of Public Works concerning the Annual City Cleanup. Memorandum from the Municipal Judge to Mayor and Members of Council concerning the Munici- pal Court Activity Report for February, 1980. In response to Council Member Bradshaw's question, City Manager Mccown stated notice of the Annual City Cleanup would be published in the Englewood Citizen and the Englewood Herald Sentinel. COUNCIL MEMBER NEAL P«>VED TO ACCEPT "COtHJNICATIONS - NO ACTION RECOMMENDED". Council Member Bilo secondetJ the motion. ) Upon a call of the roll, the vote resulted as follows: • • I • - ( ( 0 • ( • March 24, 1980 Page 9 Ayes: Nays : • • • Council Member Higday , Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Keena noted the Annual City Cleanup schedule should be coordinated with Eco-Cycle pick-ups. * * * * * * Mayor Otis presented a Council Communication regarding request for an annual renewal for a liquor license for Paul's Restaurant and Pizzeria. COUNCIL MEMBER NEAL MOVED TO APPROVE THE REQUEST FOR AN ANNUAL RENEWAL OF A HOTEL/RESTAURANT LICENSE FOR PAUL'S RESTAURANT AND PIZZERIA, 3542 SOUTH FOX STREET. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council Communication regarding a recommendation from the Planning and Zoning Co11111ission meeting of March 4, 1980, concerning a public hearing on an application to rezone certain land in the City from R-1-C, Single-Family Re- sidence, to R-2-C, Medium Density Residence, south of West Quincy Avenue and west of South Lipan Street. COUNCIL MEMBER BRADSHAW MOVED TO SET THE PUBLIC HEARING DATE CONCERNING THE APPLICATION TO REZONE FOR MAY 27, 1980, AT 7:30 P.H. Council Member Bilo 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. * * * * * * • I • - • • March 24, 1980 Page 10 • • • Mayor Otis presented a Council Communication regarding the Water and Sewer Board meeting of March 11, 1980 , concerning possible annexation of additional land into Southgate Sanitation District -Supplement 73. COUNCIL MEMBER KEENA MOVED TO APPROVE SUPPLEMENT 73 SOUTHGATE SANITATION DISTRICT WITH THE STIPULATION THAT NO ADDI- TIONAL TAPS BE GRANTED UNDER THE TAP ALLOCATION PROGRAM. Coun- cil 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 Manager Mccown presented a Council Conmunication concerning Aid To Other Agencies. COUNCIL MEMBER HIGDAY MOVED TO APPROVE IN REFERENCE TO AID TO OTHER AGENCIES THE FOLLOWING: INTER FAITH TASK FORCE ENGLEWOOD PARADE TOWN OF LITTLETON CARES ARAPAHOE HOUSE LEAGUE OF WOMEN VOTERS Council Member Bradshaw seconded the motion. $10,000 2,500 1,000 AMOUNTED GENERATED THROUGH INCREASE IN LIQUOR LICENSE FEE 700 Council Member Keena noted Council would be considering guidelines for which to approve monies to Aid To Other Agencies and solicited suggestions from the citizenry. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. N·one • The Mayor declared the motion carried. * * * * * * • • I . ) - ( ( 0 • c • March 24, 1980 Page 11 • • • Mayor Otis noted the next agenda items concerned award of bids for various equipment and asked Mr. Mccown if a study existed concerning leasing equipment versus purchasing it. Mr. Mccown stated no actual study was available but he could research the matter and report back to Council. Mayor Otis stated such a study would be appropriate for future purposes of awarding bids; but encouraged Council proceed with the award of bids on the next agenda items. COUNCIL MEMBER KEENA MOVED TO AWARD THE BID FOR ONE MOTOR GRADER TO THE LOW BIDDER "PETE HONNEN EQUIPMENT COMPANY" IN THE AMOUNT OF $55,473.00. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Member Higday, Neal, Fitzpatrick, Keena, Bi lo , Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER KEENA MOVED TO AWARD THE BID FOR ONE ARTICULATED FOUR-WHEEL DRIVE LOADER TO THE LOW BIDDER "A.P.I. FORD TRACTOR SALES" FOR $36,139.25. Council Member Neal sec- onded 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 Ma yor declared the motion carried. * * * * * * COUNCI L MEMBER BRADSHAW MOVED TO AWARD THE BID FOR TWO TANDEM TRUCKS TO THE LOW BIDDER "COLORADO KENWORTH" FOR $75,200.00. 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 • - • • March 24, 1980 Page 12 • • • The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER KEENA MOVED TO AWARD THE BID FOR ONE ACID TANK TRAILER TO THE ONE BIDDER "AMERICAN TRANSPORTATION COMPANY" FOR $24,822.00 AND FOR ONE TANDEM AXLE TRAILER TO THE ONE BIDDER "FRUEHAUF CORPORATION" FOR $26,859.00. Council Mem- ber Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Counci Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carr i ed. Assistant City Manager Curnes noted the awards were reversed in the motion. COUNCIL MEMBER KEENA MOVED TO RESCIND THE AFOREMENTIONED MOTION CONCERNING AWARD OF BID FOR THE ACID TANK TRAILER AND THE 'L'Al'lur.M AAJ..r. J.IU\J.Lr.K. 1..ounc1..1. Memoer .l)raosnaw seconoeo tne moti.on. Ul:'uu ts '-'t<LL uL Lu~ LULJ., Lne voc:e resuJ.c:eo as C:OJ.J.OWs: Ayes: Nays: ~ouncil Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER KEENA MOVED TO AWARD THE BID FOR ONE ACID TANK TRAILER TO THE ONE BIDDER "FRUEHAUF CORPORATION FOR $26,859.00 AND TO AWARD THE BID FOR ONE TANDEM AXLE TRAILER TO THE ONE BIDDER "AMERICAN TRANSPORTATION COMPANY" FOR $24,822.00. Council Member Bradshaw 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. * * * * * * City Manager Mccown presented a Council Connunication concerning award of bid for the purchase of one street sweeper • • • I • • - ( ( ct • ( • March 24, 1980 Page 13 • • • Mr. Mccown explained the rationale behind staff's reconmendation to award the bid be made to Booth-Rouse for the FMC Wayne Sweeper was based on the savings benefited from its low maintenance and fuel even though the sweeper from H. W. Moore for the Mobile Sweeper was actually was the low bidder. Council discussed the annual auction at which the City's old equipment was sold. Council instructed Mr. McCown to provide an estimate on proceeds from this year's auction. Council Member Neal requested Hr. Mccown to provide an analysis of the advantages and disadvantages of retaining old sweepers and graders in reserve to do random services in the City. Hr. Mccown stated special services may have to be cut back due to the gas allocation program but he would in-struct staff to provide the study. COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE BID FOR ONE STREET SWEEPER TO THE LOWEST AND BEST BIDDER "H. W. MOORE" FOR $47,397, THE REASONS BEING A SAVINGS ON PARTS AND FUEL. Counci 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. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE REPEALING AND REENACTING WITH AMENDMENTS ORDINANCE NO. 33, SERIES OF 1967, GRANTING TO ~UNTAIN STATES VIDEO, A-.p.\R:l'- liSRSIH..P, A COLORADO CORPORATION, A NON-EXCLUSIVE, REVOCABLE PERMIT AND LICENSE TO OPERATE WITHIN THE CITY OF ENGLEWOOD, COLORADO, A SYSTEM FOR RECEPTION AND DISTRIBUTION OF PICTURES AND SOUNDS BY BY CABLE, SOMETIMES KNOWN AS A CABLE TELEVISION SYSTEM, AND PRO- VIDING CONDITIONS AND REGULATIONS RELATING THERETO • • • I • - 0 • March 24 , 1980 Page 14 • • • City Attorney Berardini noted and reviewed several corrections and proposed amendments to Council Bill No. S. Mr. Emmet White, 6689 South Locust Way, representative for Mountain States Video, appeared before Council for the pur- pose of answering questions concerning the proposed bill. Mayor Otis declared a recess at 10 :00 p.m. Council reconvened at 10 :15 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the vote resulted as follows: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. City Attorney Berardini continued with the notation of amendments to the proposed bill. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 5, SERIES OF 1980, WITH THE AMENDMENTS ON FIRST READING. Coun- cil Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. · None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE GRANTING TO THE CITY AND COUNTY OF DENVER, STATE OF COLORADO, A MUNICIPAL CORPORATION, ACTING BY, THROUGH AND FOR THE USE OF ITS BOARD OF WATER COMMISSIONERS, A PERMIT TO CONSTRUCT AND MAINTAIN A WATER CONDUIT THROUGH THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION, AND DECLARING AN EMERGENCY • • I • - ( c • March 24, 1980 Page 15 • • • COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 7, SERIES OF 1980, ON FIRST READING. 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. RESOLUTION NO. 8 SERIES OF 1980 * * * * * * A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF THE FEE SIMPLE INTEREST IN CERTAIN LAND IN THE CITY OF ENGLEWOOD TO PRO- VIDE ADDITIONAL OFF-STREET PARKING FACILITIES FOR THE ELSIE MALLEY CENTENNIAL CENTER; AND SUPERSEDING AND VOIDING THE PROVISIONS OF RESOLUTION NO. 26, SERIES OF 1979. City Manager Mccown noted the resolution pertained to land south of the center rather than the land to the east which was originally planned. Mr. Mccown stated a member of the Bi- centennial-Centennial Foundation Cot11Dittee co111DUnicated to him verbally no objection to Council's purchase of the land to the south. Mr. McCown stated the Parks and Recreation CoDIDittee was interested in purchasing the land to the east. Council instructed Mr. Mccown to write a letter to the Parks and Recreation stating why Council was interested in buy- ing land to the south of the center rather than to the east. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 8, SERIES OF 1980. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini discussed the action brought against the City by KPL, Inc. in a matter concerning a liquor license application. • I • - 0 • • March 24, 1980 Page 16 • • • COUNCIL MEMBER HIGDAY MOVED TO AUTHORIZE THE CITY AT- TORNEY TO RESPOND AND ACT IN THE MATTER OF KPL, INC. VS. THE CITY OF ENGLEWOOD. 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 carr i ed. * * * * * * City Manager Mccown presented a Council Communication regarding the Colorado Municipal League's request for financial participation by Colorado municipalities in its opposition to the proposed 1980 Mountain Bell rate increase. Englewood's share would be $1,488.12. COUNCIL MEMBER BILO MOVED TO AUTHORIZE PARTICIPATION BY THE CITY OF ENGLEWOOD WITH THE COLORADO MUNICIPAL LEAGUE IN OPPOSITION TO MOUNTAIN BELL PENDING RATE INCREASE. 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 carr i ed. * * * * * * City Manager Mccown presented a Council Conmunication concerning an amendment to the Urban Drainage and Flood Control Agreement dated March 5, 1979. The amendmen t provides for a feasibility study of Prentice and Berry dams costing the City an additional $8,505. COUNCIL MEMBER KEENA MOVED TO APPROVE 111E AMENDMENT TO THE CONTRACT ADDING $8,505 FOR A FEASIBILITY STUDY. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. • • I • ) - ( • • c • • • • March 24, 1980 Page 17 The Mayor declared the motion carried. * * * * * * system. Council discussed the proposed RTD light rail transit COUNCIL MEMBER NEAL !«>VED TO SEND A LETTER WITH THE MAYOR'S SIGNATURE TO THE STATE LEGISLATORS SUPPORTING THE RTD LIGHT RAIL SYS- TEM AND INSTRUCTED THE CITY ATTORNEY TO PREPARE A RESOLUTION TO BE PRESENTED AT THE NEXT REGULAR COUNCIL MEETING SUPPORTING THE SYSTEM AND FORWARDED ONTO THE STATE LEGISLATORS. Council Member Bradshaw seconded the motion. Council Member Keena stated she was not opposed to the system; however, she did not have enough information to vote affirma-tively for the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Bilo, Bradshaw, Otis. Council Members Higday, Keena. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY !«>VED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at 10 :45 p.m • • I . - • • • • • AGENDA FOR THE SPECIAL MEETING OF ---- THE ENGLEWOOD CITY COUNCIL . MARCH 24, 1980 ~J~~Ju 7 :30 P .M. Call to order , invocation by Rev~d Mark McGaughey, Assistant Pastor , First Baptist Church, 3170 South Broadway, pledge of allegiance by Boy ~ut Troop ~ . #154, and roll call. . 1 ~ ... O()...IJA 'fJ~v ~ ~~--lLWJ)V .J±q ;6 U1 1 <..u,, u ~ 1. Minutes . ~&__, (a) Minutes of the regular meeting of March 3, 1980. (Copies enclosed.) ~uriPR&...~ Minutes o f the special meeting of March 10, 1980 . (Copies enclosed.) 2 . Pre-Scheduled Visitors . (Please limit presentation to 10 minutes.) Mrs . Kathy Busch, President of the Arapahoe Coun ty Lea gue of Women Voters , will be present to present City Council with the new 1980 Voters Guide and to request funding. (Copies enclosed .) (b) Mr . James Sprinkle , Business Manager for All Sou ls Catholic Church, 435 Pennwood Circle , wi l l be presen t to request a Spec i al Events Permit t o serve beer , wine and liquor on June 7 and 8, 1 980 a t the annual festival . (Copies e nclos ed .) 1 (c1P~_'t11:. Brian Kitt le , representative of Southland "--0-U .it 1U-~~?'·!:Co r pora tion , will be present to request a ,J5D ll~ ~C"f1CY'I YifYV'A-· 3 . 2 b eer (con s umpt i on o ff the premises) license · J 11 fVV"-' ~ fo r two 7-11 S t ores located at 3501 South Logan Jtfo oS i?ftpJ.-tJ.;~:;. £'j1J./g °1 :!o Street and 3900 Broadwa y. (Copies enclosed.) c • Mr. Di ck Dittemore , attorney , will be present t o request a 3 .2 beer license for El Rancherito loca t ed at 16 Eas t Gira rd Av enue. (Copies enclosed .) . . . ( ~,..ui., ~~ a,.O_M.) (}..() U'll.-0.U ... ~ ..-{/) r~¢.U..J) • I • - ( • • ( • • • • -. ~~~~ ..................... .,;_ , Page 2 March 24 , 1980 2. Pre-Scheduled Visitors -Continued . (Please limit presentation to 10 minut es .) Mr. Milton Brown, 3162 South Emerson Street, will be present to discuss concerns related to trash removal services . 3 . Other Visitors. (Please limit presentation to 5 minutes .) 4. Public Hearing. 5. Co1I111unications -No Action Reco1111:1ended. (a) Minutes of the Board of Adjustment and Appeals meeting of February 13, 1980. (Copies enclosed .) (b) Minutes of the Parks and Recreation Coumission meeting of February 14 , 1980 . (Copies enclosed.) (c) Minutes of the Building Code Review Committee meetings of February 14, February 28, and March 6, 1980. (Copies enclosed.) (d) Minutes of the Planning and Zoning Commission meeting of February 20, 1980. (Copies enclosed.) (e) Minutes of the Water and Sewer Board meeting of February 26, 1980. (Copies enclosed.) (f) Minutes of the Downtown Development Authority meetings of February 27 and March 12, 1980 . (Copies enclosed .) (g) Minutes of t he Library Board meeting of March 11, 1980. (Copies enclosed.) (h) Memorandum from the Wastewater Treatment Plant Director to the City Manager concerning the January Report. (Copies enclosed.) (i) (j) Memorandum from the Director of Public Works concerning the Annual City Cleanup . (Copies enclosed.y~ ~ ~-~~) "{'.;," b.-i-tu.N W,a..,-.,,..p ~~ Memorandum rom the Municip.fi. Judge to Mayor and Members o f Council concerning the Municipal Court Activity Report for February, 1980 . (Copies enclosed .) • I • - • • ( • • • - Page 3 March 24 , 1980 Agenda 6 . Commun ica t ions -Ac tion Recommended . (a) Request for an annual renewal of a hotel/ res t auran t license for Paul's Restaurant and Pizzeria , 3542 South Fox Street . (Copies enclosed.) (b) Recommendation from the Planning and Zoning Commission meeting of March 4, 1980 concerning a public hearing on an application to rezone certain land in the City from R-1-C, Single- Family Residence, to R-2-C, Medium-Density Residence -south of West Quincy Avenue and west of South Lipan Street. (Copies enclosed.) (f) Council Communication from the Water and Sewer Board meeting of March 11, 1980 concerning Supplement 73 Southgate Sanitation District . (Copies enclosed.) Council Communication from the City Manager concerning Aid To Other Agencies. (Copies enclosed.) Council Communication from the Director of Public Works and the Director of Finance concerning award of bid for one motor grader. (Copies enclosed .) Council Communication from the Director of Public Works and the Director of Finance concerning award of bid for one articulated f our-wheel drive loader . (Copies enclosed.) Council CoilllIIUilication from the Director of Public Works and the Director of Finance concerning award of bid for two tandem truck t ractor s . (Copies enclosed.) (h ) Co un c il Commun i cation from the Director of Public Works and the Director of Finance concerning award of bid for one tandem axle semi-t ra i ler and one acid tank trailer. (Copies enclosed.) (i) Council Communication from the Director of Public Works and the Director of Finance concerning award of bid for the purchase of one street sweep er. (Copies enclosed.) I - • • • • • Page 4 March 24, 1980 Agenda 7 . City Attorney. Bills for Ordinances. (a) (b) Bill repealing and reenacting with amendments Ordinance No. 33, Series of 1967, granting to Mountain States Video, a partnership, a non- exclusive, revocable permit and license to operate within the City of Englewood, Colorado, a system for reception and distribution of pictures and sounds by cable, sometimes known as a cable television system, and providing conditions and regulations relating thereto. (Copies enclosed.) Bill eranting to the City and County of Denver, State of Colorado, a municipal corporation, acting by, through and for the use of its Board of Water Commissioners, a permit to construct and maintain a water conduit through the City of Englewood, Colorado, a municipal corporation, and declaring an emergency. (Copies enclosed.) Resolution. (c) Resolution authorizing the purchase or con- demnation of the fee simple interest in certain land in the City of Englewood to provide additional off-street parking facilities for the Elsie Malley Centennial Center; and superseding and voiding the provisions of Resolution No. 26, Series of 1979. (Copies enclosed.) Other Matters. (d) KPL, Inc .. vs . City of Englewood . (Copies enclosed .) (e) Attorney's Choice. 8. City Manager. (a) Council Communication from the City Manager concerning the CML/Rate Increase Proceedings, Mountain Bell . (Copies enclosed.) • - I • • - - • • ( • • • • Page 5 March 24, 1980 Agenda 8. City Manager (Continued). (b) (c) (d) Council Communication from the Director of Public Works concerning Urban Drainage and Flood Control Amendment . (Copies enclosed.) Discussion o f the proposed RTD light rail transit s y s t e m. Manager's Choice. 9 . General Discussion . (a) Mayor's Choice . (b) Council Member's Choice. 10 . Adjournment . /!~.~~ u~ MC COWN Ci Manager I t>: ~ ~-rf°·/Y>J . • I • • - • • RO LL CALL Mo ved Secon ed A e Ab s tain Na Ab sent Hi a · Neal J:.'i t;z a t;ric k Ke ena 0 Bradshaw Otis • • I . • • ~·In • - • • ------~ -. ROLL CALL Move d Seconded Aye Nav Absent Abstain H i ~d a y I/ Ne a l I~ Fitzpatrick I...- Keena I~ R11n v-- Bradshaw ,___.- Otis t..--' • • I • • • • • - • • - ROLL CALL econ ed Moved s d Aye Nay Absent Abstain ,,, ii1r::dav ' Neal / F1 tznatrick Keena v R11n Bradshaw Otis • • I • • • • - • • ------= ~------ ROLL CALL M ove d s d d ec on e A lye N ay Ab sent Ab t i s a n Hi>::d a v Neal Fitzpatrick Keena Ai 10 Bradshaw Otis • • I • • • - • • - ROLL CALL M ove d s d d econ e Aye Nay Absent Abstain H111:d ay ~ Ne al / Fitzoatrick I v-Keena .,.,..-Rilo l Bradshaw ' Otis I • I • • • • • - ROLL CALL Moved s econtled Ave Nav Absent Abstain II Hii:::da" " Neal } .... Fitzoatrick I . Keena f - •-a•1~ I -'-v Bradshaw ~ l t I Otis l ~ --- I b . • I • • • -- • , . I . • - -----~ -----~-. ROLL CALL Moved seco d d n e Ave Nay Absent Abstain Hii::dav Neal Fitzoatrick Keena 124 , " Bradshaw Otis • • I . • \l . • ~"' In ,,~ ·In ' • - • • -~ --·-----. ROLL CALL Moved Seconded A e Na Absent Abstain Otis cl b . • • I . • • • l')~ln • - • .. l • ROLL CALL Moved Second ed Aye Nay Absent Abstain /,,,..-Hir;day "' Neal ) Fitzoatrick / Keena / v R11n r Bradshaw \ Otis I 1-;;l/-flJ • • I • • • v lo _____ ~ ; I o - - • • • -------. .... ~- ROLL CALL Moved Seconded Aye Nay Absent Abstain Hie; day Neal Fitzoatrick Keena R11n Bradshsiw Otis cr-e-. ~~.A-If' r~ fr" ~ ~ NL-V ( CA'YIAv ff~) ~?.-<V--r '1-11 o._,L 3so/ s~~~~ 09HJ a)_~ • I . • - • . . I • ROLL CALL M d S eve d d econ e Aye Nay Absent 1 Absta n V"' Hi gd a y t,...-- v Neal -F1tzoatr1ck --Keena --Ri 11"'.1 -Bradshaw ----Otis -- I . • - - • • • • • • ROLL CALL Moved s c d d e on e ..... Hi gda v Neal Fitzoatrick v Keena IH 1 n Bradshaw Otis (/ h ;tin-3 s-~ I ~ '. ~ {) () f»l, Aye Nay '\ I I l I J ' ---·-----. - Absent Abstain I . • • - • • - ROLL CALL Moved Second ed Ave Nav Absent Abstain v Hi~dav ---Neal -Fitzoatrick - v Keena - D4 1 n -BradshAW --Otis - • • I . • • • - • • ---- ROLL CALL Moved Seconded AYe Nay Absent 1 Absta n H1Rday Neal F1tzoatr1ck Keena A11n R1"Al181'>AV Otis "6JJ&1P GU~ ~~ ~ t.e. /'~~ ~~1~ • ~~~r • I . • • • - • • - ----------. - ROLL CALL Moved. Seconded A e Nay Absent Abstain v Hi1tday Neal ........-Fitzoatrick Keena 7 R11,.. -R'"&d,.h&W \ Otis I I • • • - • ,. _I • - ------ ROLL CAL L Move d s econded AYe Nav Absent Abstain . .. Hi c:dav - ' v • Neal - ~ Fitzoatrick - ' Keena ,,..., .... -' '-- ~ Bradshaw I Otis l l I ;t~ -1-77 dJ.:t.u I • • • • - • • • • • ' ' . • ----- ROLL CALL e Moved Sec ond d Av e NaY Absent Abstain Hii::dav Neal r'itzoatrick Keena A4 1 n Bradshaw Otis . 42'2 (' < '1<_.LV>'~ .. ~ ~ J<.c,v,i-"-'~ ~ ll ~ -r~ ~~a;~~~ .. ~ ~~'hw ~~ ~--·,, ... ~~ .J-~ ~ ~ ~"'-IL<.f ~ -~~~ -~~ri~/lf' • I . • - •• • ROLL CALL Moved S d d econ e Ave Nay Absent Abstain H1s::d a y Neal 1''1tzpatr1ck Keena D41n Bradshaw Otis • • I . • • • • - • • - ROLL CALL Moved Seconded Aye Nav Absent Abstain -Hi;i:dav Neal r'itzoatrick Keena ,,. , 0 Bradshaw Otis • • I . • • • - • • RO LL CALL Mo ve d Sec on ded Ave Nav Ab sent Abstain Hi1::day Ne al Fitzoatrick Keena Ai i~ Bradshaw Otis /1-4 r • I . • • ' . ' • -• • • ROLL CALL Moved Seconded Ave Nav Absent Abstain Hi e:d av Neal Fitzoatrick Keena R.11 n Bradshaw Otis -~~~~t'L""--'~~ ~ALJ4~~,~~ ~ /11 °-1~ an.v ~~ _:Ll,ud -*~ ~ • • ~~~~cd r;~~~ U-.u~ ~~a9o~ -~A--i-Jh?.L/Yl~ ~ ~ ~ ~ • -~~fi~~ ~~~~~ ~L,/,u~~a_±~~~ ~~~~_,~~ ~~~~-~~~ f IJ/lLc£ -(}:;~~e -z,,,;o /;~A~ 1-Uii.. _///)~ ~ s~~~~,£~~ ~ ~;,_, ,btM,°,muUa.<-«'-<Jfo ~ -~~~,,~~~ --~ ~ ~ µA.e,-nv4L d-~ ~~cl • I . • - • • - ROLL CALL Moved Second d e Aye Nay Absent Abstain Hill:d a v Neal F1tzcatr1ck Keena i:t~ 1 n Brads"'"w Otis • • I . • • - - • • • • • ROLL CALL Moved Seconded Hill'.d av Neal Fitzoatrick Keena R11,.. Bradshaw Otis ~ at-<6.·~() o/)'Y)· -~ a.L.. ~15Sf ./)'Y)· • ' ' !I -~-- A .ye Nay • Absent Abstain I . . ,,r:v ln • - • • - ROLL CALL Mo ved Seconded AYe Nay Absent Abstain Hii:;day .,,..- Neal ,,__ Fitzoatrick ,,__ Keena ,,__ R.11 n ~ Bradshaw ......... Otis - I • • • • • - • • ROLL CALL M d S d d ove econ e AYe Nav Absent Abstain Hii::dav Neal Fitzoatrick Keena Ann Bradshaw Otis ~A~f.µ_,LP K ~~~d . 8 o ;;;_ I S'.' ~~~ -~ "'1 ~ _,,,, .h<l ta ~ ~ '---'-' ~ a-~ ~ ']ILA-J ·_ • -tt-t ~ OA-< d><-j-r -l/1()/flf ../)~ e ~ • • ~~~ut~~~~ I . • • • • - • • ROLL CALL Moved Se d con ed AYe Nay Absent Abstain -Hii::dav .,,.--Neal Fitzoatrick ~ Keena ~ ..,... R~i- Bradshaw Otis ~-vrv~ ~ I • • • -• • - ROLL CALL Moved Seconded Aye Nay Absent Abstain Hi ~d ay '\ Neal J Fitzoatrick / Keena R11n Bradshaw Otis • • I • • • • -• • .. ROLL CALL Moved Seconded Ave Nav Absent Abstain Hi 1'd a v Neal f.'itzoatrick ~ Keena tl-4 10 Bradshaw Otis • I • • • • - • • - ROLL CALL M S oved econded Aye Nay Absent Abstain Higday ......... v-Neal J ....--Fitzoatrick / Keena I R11n \ Bradshaw \ Otis . • • I • • • - • • R LL CALL Moved Secondej Av e Nay Ab sent Abstain rl1c:da" "\. Ne a l I 1''1tzpat rick I Ke ena I &..---R11n r ,,-Bradshaw \ Ot is I 7: 3 0 • • I . • • - • •' I • - ROLL CALL Moved Seconded Aye Nay Absent Abstain Hi s:::day ...... Neal l --Fitzoatrick I -Keena I Riln Bradshaw I Otis j fo-e . • • I . • • • - • • - ROLL CALL M d S d d A N A Ab t i ove econ e IYe ay bsenv s a n Hii::day Neal F itzpatrick Keena R11 n Bradshaw Ot is • • I . • • • - • .. I • - - ROLL CALL Seconded A e Na Absent • • I . • • • • - • • - ROLL CALL M d S ove d d econ e A <Ye N ay A bsent A i bsta n V"' Hi gda_v Neal Fitzpatrick Keena Rilo ., Bradshaw -Oti s ,_ c::::::::: • (/ ~oo~ ,,, --er-,~ • • I . • • • - • • ROLL CALL Mo ved Se conde A e Na Absent Abstain 0 Bradshaw Otis • • I . • • • ~...;In • - • • - • ROLL CALL Moved Seconded Na Hi da Absent Abstain Neal Pitz atrick Ke ena 0 Bradshaw Otis • • I • • • • ~Jo • - • - RO LL CALL Moved Seco d d n e Aye Nay Absent Abstain Hii::dav Neal " Fitzoatrick Ke ena Rilo Bradshaw Otis • • I . • • • - • • - ----=--- ROLL CALL Moved Seconded Aye Nay Absent Abstain Hi~da.v "\ Neal } v Fitzpatrick / v-Ke ena ( Rile \ Bradshaw I Otis • • I • • • • - • • - ROLL CAL L Move c.i Seconded Aye Nav Absent Abstain Hir:day '\ ...,..-Nea l I Fitzoatrick I v-Ke e n a ... , 0 I Bradshaw I Otis I • • I . . • • - • • - --;- ROLL CAL L ove d s d d econ e Aye Nay Absent Abstain Hii;day ' Neal I Fit zoat ri c k I ,_.. Ke ena I R11o I v-Bradshaw \ Otis I • • I • • • • - • • ROLL CAL L M ove d s d d e c on e A ,ye N ay Ab sen t Ab t 1 s a n Hi~dav -Neal I Fi t zpat ri c k / ,,_ Ke ena I R1lo c..---Bradshaw I Ot i s I /l .. -~ • j J . ·_; __J_ (,U,,{/7VUf ~ faA Of 1 j Fee ' • I • • • • \ • - • • - ...,_ ROLL CA LL Moved Se c ond ed Ave Nay Absent Abstain Hi i;:;dav ...... Neal ) Pitzoatrick I Ke ena I Ri.lO I Bradshaw \ Otis \ -~ • • I • • • • - • • • ROLL CALL Moved Second ed Aye Nay Absent Abstain Hir:da_v ' Neal J .£.'itzpat rick I I~ Keena I Bilo I 1.--Bradshaw I Otis ' • I . • • - • • • • • • -- ROLL CALL Moved Sec d d on e Aye Nay Ab sent Abstain Hir:d av Neal F itznatrick Keena Rilo Bradshaw Otis (p ~ PJlfl-~ 0 Jn e-~ _qJµ)~~~ --'/5 ~ ~-f ~~ IA~ ~. r-mi::. ,'-Z''* ,:e dA ~~ ~· ~_,,,,,_, ~ ~ _J,u ~ ~ 1nc.~)S~~~~~ ~1--aa-b-f. ~,..~ ar~?- /fai ~~'Yl1RALti2£-£. a,.., IL 't<.J t4J~'Yl.Vv ~ ~,au~,,,~~~ --J,9 ~ k-LV'~ -s/~t-~;>Ud~,,s-~ ~ ~/Ju,/, w ~ ,. 17uJ-~ --{,,~ ~"""-7- ;r~ aduf · . '· • I . - • • • • • ROLL CALL Moved Second ed A ,y e Nay Abs ent Abstain Hic:day Neal Fitzoatrick Keena Bi lo Bradshaw Oti s ~-~ ~~ et!V50 ~fa~ 1-4fJAu-~ -/Y)'lLLlt.t lU--' V'YIA"bl/LLAU ()1 e.-CbruM -~ ~:ru ~cU-,q_~-~ ~~4=e-£:dLJ~ • • I . • - • .. l • ROLL CALL Moved Se cond d e Ave Na v Absent Abstain Hi rc;dav \ Neal ) '~ .Fitznatrick I Keena I R11o I ,_ Bradshaw \ Otis \ I . • • - • • • • • ROLL CALL Moved Second ed Ave Nav Absent Abstain Hi~dav Neal F itz oat rick Keena Bi lo Bradshaw Otis 1 A-· (}_, I~ :# {) CA~~--~ ~ ak-10,·()o 'f/YV'i /U'~ d . 10: 16 tP ,/)?/ • I . • - • • - ROLL CALL M ove d s d d econ e A \ye N ay Ab +-senu Ab t 1 s a n Hi~dav <--" Neal L-- P itzpa trick .__ Ke ena (......-- B1lo <...-- Bradshaw <--- Ot is .__- • • I . • • - - • • • • ROLL CALL Moved Seconded Ave Nav Absent Higday Neal Fitzoatrick Keena Rilo Bradshaw Otis ~~~~~~- 0~ &7 or'' • VZL~ ~ /Jt. F .~ r "'if ~rf"J /I ru--L ~ 1 cj~ ~~(a) ' ' • Abstain I . • -- • • ROLL CALL M d S ove d d econ e A ,ye N ay A +-bsen .. Ab t i s a n H i ~dav " Neal I y Fitzpatrick I Ke ena I Y" R1}Q I Bradshaw I Otis \ I . . • - • • - ROLL CALL Moved Seconded Ave Nav Absent Abstain Hii<.dav "'\ -Neal l Fitzpatrick 7 Keena 7 R11 n I ,,,.-Bradshaw Otis ' 1 b . • I . • • • - • • ROLL CA LL Move d Seconded Ave Nav Absent Abstain I L.. - I ~ ~ Hi day I Neal l I I I I I -1 l --Fitznat rick -Keena ~o --Bradshaw Otis I -- • • I . • • • - • • ROLL CALL Moved Se.z onded Aye Nay Absent 1 Absta n ~ Hig day ........_ Neal I Fitzoatrick I Keena I ...--. R11o I " Bradshaw [ Otis \ • • I • • • • - • • ROLL CALL M d S d d ove econ e Aye Nay Absent Abstain V'" Hi11:day " Neal I L--"" Fitzpatrick I Keena I R11 n • Bradshaw ~ Otis ) • • I . • • • - • • - ROLL CALL M d S eve d d ec on e Aye N ay Absent Abstain Hi11:dav Neal Fi tz patric k Keena --Rilo Bradshaw Oti s • • I . • • • - • • ROLL CALL Moved Seco d d n e Ave Nav Absent Abstain v-Hi~dav \ Neal I Fitznatrlck I Keena I ,,_. R11~ Bradshaw Otis I • • I . • • - • • ROLL CALL Moved Seconded Ave Nav Absent Abstain Hi.:dav \ Ne al I Fitzpatrick / v-Keena I ,......_ A.1," Bradshaw I Otis j • • I . • • • - • • ROLL CALL M d S d d ove econ e Aye Nav Absent Abstain H1 i;i:dav --Neal Fitznatr1ck Keena A.fin ,_.... Bradshaw Otis • • I . • • • • -• • ROLL CALL Moved Seconded A.Ye Nay Absent Abstain Hi11:day -Neal -Fitzpatrick - Keena -R11n - Bradshaw -Otis - • • I . • • • - • • ROLL CALL M d S ove d d econ e A •Ye N ay Ab +-aenw Ab t 1 s a n Higday Neal Fitzoatrick Keena IHln Bradshaw Otis • • I . • • - • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO March 3, 1980 l A 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, presid i ng, 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 Memb e rs Higday, Neal, Fitzpatrick , Keena, Bi l o, Bradshaw , Otis. None. The Mayor declared the mot i on 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 rol l, the vote resulted as follows: • I • - • • • March 3, 1980 Page 2 Ayes : Nays : • • • Council Me mb e r Hi g day, Neal, Fitzpatr i ck, Keena , Bi l o , Bradshaw , Otis. None. The Mayor dec l ared the motion carried. * * * * * * Pre-scheduled visitor Bill Snyer , TOWN OF LITTLETON CARES , was not present. Mr. Dean Schank appeared on Mr. Sny e r's behalf. Mr. Schank stated TOWN OF LITTLETON CARES supports the Meals-On Wheels program which provides hot meals to old and d i s- abled people in the area so they can stay in their homes as lon g 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 f i- 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 s es sion 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 wo u ld prov ide a letter of reque st 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 th e 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, wh ich 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 la r ger 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: * * * * * * "Communications -No Action ReconmJended" on the age nda (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 ConmJission 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 "COHHUNICATIONS- 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 Commis- sion meeting of January 28, 1980, with Resolution fl recoD11Jending establishment of a citizen committee 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 D?Otion 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 Commission 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 Commission and should be evaluated as well by the Commission, not a citizens committee. 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: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. 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 ENGLEWOOD, 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. 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". 2. 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 • - • t • 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 recollllllendation 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 resu lted 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 reconnnendation 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- drawn from the South Arapahoe Sanitation District as the sewer will not flow properly into South Arapahoe's system. The Board recommended 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 . • - ( • • ( • • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO March 10, 1980 SPECIAL MEETING: The City Councils of the Cities of Englewood and Little- ton, Arapahoe County, met in special session on March 10, 1980, at 7:30 p.m. order. Englewood Mayor Otis, presiding, called the meeting to The invocation was given by Englewood Council Member Thomas Fitzpatrick. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Ci y~f____1 i t t le~on Council Members Trujillo, Emley, President Pro Tern Harper, President Collins. Absent: Council Members Parson, Taylor, Staritzky. City ~Englew~~d Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Mayor Pro Tern Bradshaw, Mayor Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: CiEY_of Littleton City Manager Gale Christy Cit of Englewood City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Public Works Waggoner Director of Wastewater Treatment Brookshire Director of Utilities Fonda Deputy City Clerk Watkins * * * * * * Mayor Otis stated the purpose of the meeting was to hold a public hearing on the 201 Facilities Plan for the expan- sion of the Bi-City Wastewater Treatment Plant. Mayor Otis stated • • I • - • • March 10, 1980 Page 2 • • • the plant was constructed and owned by both cities; therefor e , a joint public hearicg must be held. COUNCIL MEMBER HIGDAY MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER THE 201 FACILITIES PLAN. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote r e sult ed as follows: Ayes: Nays: Absent: Council Members Trujillo, Emley, Harper, Collins, Higday, Ne al, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Members Parsons, Taylor, Starit z ky. The Mayor declared the motion carried. Mayor Otis asked Mr. Jim Abbott, of Hennings on, Durh am , and Richardson, Inc. the engineers for the plant, to mak e his pre-sentation. Council Member Taylor entered the meeting at 7 :40 p.m. Mr. Jim Abbott appeared before Council and introduced Robert Williams, of Culp, Wesner, Culp, who helped prepar e the plan. Mr. Abbott provided background concerning the b a sic parameters for planning, construction and financing for a n area - wide master wastewater management plan. Mr. Abbott pointed out the areas currently served by the Bi-City plant. Mr. Abbott stated the three general topics which th e plan addressed were : 1. Expansion of the e xisting joint us e plant. 2. Ammon ia removal in the effluent. 3. Chlorine removal in the effluent. Mr . Abbott stated the discharge standards which the plant will have to meet in future years were unknown. These standards were set by the state; and the state was going through a process of reclassifying streams. Once a stream was reclassi- fied, then discharge standards can be set. Therefore, the engi- neers had to study several different alternatives in order to be prepared to meet whatever effluent standards were set • • I • - ( • • ( • • • • March 10, 1980 Page 3 Mr. Abbott stated the three concepts for planning were secondary treatment, partial nitrification, and full nitrification. The planning period covered 1980 to 2001 with expectation of the plant in operation in 1985 or a 16 year staging period was in line with EPA guidelines. Taken into consideration was the estimated population projection for the service area established by the Denver Regional Council of Go vernments. Currently, the plant provides service to 175,000 people; by the year 2000, the popula- tion should range from 300,000 to 320,000 people. Translated into wastewat er flo w , it wou ld be from the current 20 mgd to 33 1/2 mgd or 67%. Mr. Abbott stated the alternative wastewater manage-ment plans studied were: 1. Expansion of the exist ing joint use plant from 20 mgd to 33 1/2 mgd and discharge the effluent into the Platte Ri ver . The plant would be expanded to accomo- date the str am standards set by the State. Cost -$62 million. 2. Land application concept wherein the existing waste- water plant would utilize 20 mgd capacity and any excess over the 20 would be pumped out to some site where it would be applied to the land through an ir- rigation scheme. Five thousand (5,000) acres would be necessary to perform this alternative. Cost -$1 2 5 million 3. Spreading basins which was a form of land application. The concept of rapid tributation through sand beds wher e pollutants a re removed from the water. The exist- ing plant would be enlarged to 33 1/2. The effluent pumped back down the river and applied to the spread- ing basins, through the sand , collected and discharg- 4 . ed down through the river. Cost -$65 million Land application concept wherein the plant would utilize the High Line Canal to convey the water out to irrigation sit es . The plant would be expanded, a pumping station built that would pump the effluent out to the canal and conveyed to irrigators. This alternative would require that during the winter months either a storage reservoir would be built because there would be no demand for ir- rigation ne eds or have a dual stream classification so a lesser degree of treatment could discharged to the Platte River yet put the effluent out into the High Line Canal during the summer months. Cost -$92 million • I - • • • March 10, 1980 Page 4 • • • 5. Expansion of the existing plant to a cap a city o f 33 1 /2 mgd and attempt to locate a nearby site wherein urb a n irrigation could be utilized and industrial re-us e . Water could be pumped out and applied to irrigate parks, golf course, public gre e nbelts and possibly the Public Service power plant. Any remaining water would be treated at the plant and discharged to the river. This alternative would a ccomplish a land ap- plication concept yet should not delay expansion o f the plant. Cost -$ 63 million Mr. Abbott recommended adopt i on o f Alternative 15 to be submitted to the Stat e and Environmental Protection Agency. Mr. Abbott stated other cons i derations were political jurisdictions and implementation within the timeframe. Mr. Abbott reiterated the three levels of treatme nt were secondary treatment, partial nitrification and f ull nitri- fication with secondary being the least costly and full nitri- fication being the most costly. The three alternatives to fund the enlargement were: 1. Assume no federal f unds will be utilized. 2. Assume federal funds will utilized with receipt of a grant for design following the conclusion and acceptance of the plan and a grant immediately to construct the plant. 3. Assume federal funds will be utilized but receipt of a grant delayed. Mr. Abbott elaborated on Alternative 13. He stated the the cities were not on the current priority list to receive fede- ral funds to design the plant right away. Mr. Abbott exhibited cos t s of expansion at mid-point of construction which would be mid-1983 assuming the engineers could go ahead with the design • Construction of plant to add 13 1/2 mgd: For secondary treatment $ 27.7 million For partial nitrification $ 31. 5 million For full nitrification $ 37.3 million Engineering, legal, administration costs and interest during construction for total project costs: For secondary treatment $ 32 million • I • • - ( • • March 10, 1980 Page 5 • • • For partial nitrification For full nitrification $ 35.9 million $ 42 million The local share, assuming 75% federal grant received, would be: For secondary treatment $ 8 million For partial nitrification $ 8.9 million For full nitrification $ 10.6 million Annual costs for local share with 7% interest For secondary treatment $ 755,000 For partial nitrifica tion $ 848,000 For full nitrification $ 1,000,000 Costs for monthly user would be: For secondary treatment $ 0.70 month/tap For partial nitrification $ 0.75 month/tap For full nitrification $ 1.10 month/tap Mr. Abbott asked if anyone had any questions. Mr. Oliver Giseburt, 3171 South High, came forward. Mr. Giseburt asked Mr. Abbott to explain the three different types of treatment. Mr. Abbott stated the discharge was cleanest under the full nitrification treatment because it was a more sophisticated treatment system. Mr. Giseburt asked why it was necessary to go ahead with the plan at this particular time considering the old treat- ment plant has been opened and the present state of the econo-my. Mr. Abbott stated it would take five years to get the expansion on the line . During the five year period, there should be considerable growth in the service area and the old plant should be able to accomodat the growth . The new plant was built initially on a 50-50 basis with the same amount of capacity. One city was near capacity and th other one was considerably under capacity but the 50-50 split still existed . • I 41 • • - 0 • • March 10, 1980 Page 6 • • • Mr. Giseburt asked if it was possible to rec e ive 75% funding from the federal government since full funding is not available. Also, if the cities decide to fund the project with- out federal fu nds, would this idea place the cities in a better position to conduct the construction of the plant without the dictates of the federal government. Mr. Abbott stated fede ral funds were very difficult to get. Should the cities fund the project, the process would be expedited with less inflation experienced. The cities would have more control over what to build as long as the discharg e standards were being met. Council Member Staritsky, Littleton, entered the mee t-ing at 8:10 p.m. Kent Teal, Manager of the South gate Sanitation Dis trict, appeared before Council. Mr. Teal stated the district facility would pay 31% of what Mr. Abbott denoted as the local share. Mr. Teal stated he represented the largest number of users who will fund the local share that have contracts with the City of Englewood. Mr. Teal stated Alternative #5 was a sophisticated method that had not been tried in Colorado nor in the Denver metropolitan area and the borrowing of water rights had not been incorporat e d in the 201 proposal. Mr. Teal stated Alternative #1 was the alternative of choice, demand and economy. In response to Council Member Higday's question, Mr. Teal gave the boundaries of the district and stated it covered approximately a 20 square mile area. In response to Council Member Neal's question, Mr. Teal stated Alternative #1 was best becaus e the Platte River had the ability to cleanse itself and even with the potential time delay was the preference of the Southgate District Board. Mr. Teal stated with the type of landscaping, and number of golf courses and greenbelts, the discharge would have to be frozen, cut up and stored for the winter period. Council Member Neal asked Mr. T eal if there was a choice of pursuing grants through EPA and the federal govern- ment which took additional time versus independently or pri- vately financing the plant, which would the district prefer. Council Member Neal also asked Mr. Teal if the sanitation dis- trict would pay the additional tap fees so the cities could privately fund the plant. Mr. Teal stated the Southgate District and South Arap- pahoe District had requested an amendment to the 208 plan. The • I • - ( • • ( • March 10, 1980 Page 7 .. • • • districts would like to develop their own treatment facility between the area of Clarkson -Orchard and Broadway. Mr. Teal stated the district would be willing to pay the additional tap fee to help finance the cities independently fund the plant expansion. Mr. Abbott stated the City of Aurora had a plan into effect that used wastewater treatment effluent on golf courses as did the Air Force Academy. Mr. Abbott agreed there were some water rights implications to be worked out. The pursuit of Al- ternative 15 would enhance the cities' position for a grant and if it did not go through, the engineers did not think it would delay the cities reverting to Alternative #1 because they were so similar. President James Collins asked Mr. Abbott how the fund- ing would be determined. Mr. Abbott stated if the cities selected the option to utilize federal grants, it would place the funding at a level where the tap fees were now. The capital construction costs would all come from tap fees and the federal grant. If there was no federal grant, capital construction costs would come from pre- viously collected tap fees. President Collins spoke on the time involved to go through an EPA grant request, the inflation costs incurred due delays and tighter EPA regulations. Mr. Collins queried whether or not EPA should be funding the project. He pointed out that the grant decision would not be known for a few years. Mr. Collins asked the Councils to consider the cumbersome process. Council Member Fitzpatrick asked Mr. Abbott for com- parative figures as to what the costs would be with 75% federal funding and without any federal funds. Mr. Abbott responded that with secondary treatment, construction costs would be $27.7 million with the federal grant; $22.5 million without federal funding. Mr. Abbott stated the $5 million dif f erence would be due to delays in the program. Council Member Neal asked what kind of rate structure would be required to fund the project • Mr. Abbott stated the estimated tap fee would be $300 if federal funds were used and $1,000 per tap without federal funds. He stated the amounts related to new construction only; but there would also have to be an increase over what was charged now for maintenance of the existing plant and that would be an additional $400 • • ' I • - • • • March 10, 1980 Page 8 • • • Council Member Fitzpatrick stat ed a more realistic increase would be to charge $2,6001 or $2,700 for a tap fe e . Mr. Abbott stated there would be an incremental in- crease of $600 -$700 over the existing tap fee of $800 for the entire service area. President Collins asked Mr. Teal how the district viewed the increase in tap fees. Mr. Teal stated the district would cooperate in pay-ing the increase in tap fees. Mr. Abbott stated approximately 38,000 taps would be served by the additional capacity. City Manager Mccown stated the current tap fee was $800 and based upon analysis of long-term funding of the sewer fund, that should be sufficient funds to pay for the expansion plant based upon EPA funding and the reactivation of the old plant. Mr. Mccown stated if EPA funding were used and 12 1/2% were funded by each Englewood and Littleton, then of the $27.7 million the cities would be responsible for $3.7 million of the plant. If the cities had to fund the whole project, of the $22.S million the cities would be res~onsible for $11 million each which was a considerable amount over ~3 million. If the cities can only fund $3.7 million with a $800 tap fee, he did not think the fee could be doubled to fund $11 million. Mr. Mccown stated the fee should probably be increased four times. Mr. Teal stated based upon his calculations, a 20 mgd plant could be built with $1,200 per tap fee. Since there was an existing plant, a 20 mgd expansion could be completed at $1,000 per tap fee. City Manager McCown asked if Mr. Teal's calculations included paying off the bonds • Mr. Teal answered he was not certain. President Collins asked Mr. Abbott if HDR agreed with the projected population figures from DRCOG. Mr. Abbott stated an in-depth population study had not been made; therefore, he had no data to contradict the figures from DRCOG. Mr. Abbott stated he thought the figures were con- servatively low and history has shown the area has grown faster than what was planned. Mr. Teal stated DRCOG had issued a report on the ex- pansion of growth in Douglas County. DRCOG indicated in the • Q I • - • • • March 10, 1980 Page 9 • • • report, for Southgate area alone, the population to be the same in 1985 as it was at the present time. City Manager Christy stated his staff had studied DRCOG's population prediction and concluded it to be on the low side. Howver, his staff anticipated water usage per capita to decline which may prove the predicted numbers to be correct. Mr. Christy added the Highlands Ranch has filed site application for a new sewage plant to be built in Douglas County. The plans called for the land application concept. If Mission Viejo received approval, the Bi-City plant would not have to treat the sewage from the ranch. Council Member Keena stated Douglas County returned the report on the population figures to DRCOG and asked DRCOG to re-examine the prediction. Council Member Fitzpatrick asked since funds would be needed immediately to put out bonds and interest rate paid; and how soon would the cities be able realize the refund to pay off the bonds to use up 38,000 taps. Mr. Abbott stated the 38,000 taps would be used up in 16 years beginning in 1985. The plant was planned for a staging period from 1985 to 2001. In 1996, plans would start again for another expansion. Council Member Bradshaw asked Mr. Abbott to define the current status of the stream classification. Mr. Abbott stated the Water Quality Control Commission has set up several hearings. The hearing for the South Platte River has been scheduled for July. The Commission would probably not take a formal position until either the end of 1980 or spring of 1981. Mr. Abbott advised that if a decision was made to pro- ceed with the design of the expansion, then it was recommended to proceed on the secondary treatment aspect. The planning would be set so that if the State took a position requiring more strin- gent discharge, facilities could be added to meet the requirements. The plan, as it was, proposed to correspond with what the State required later. Council Member Emley asked Mr. Abbott what costs would be involved if the State placed stricter requirements on the plant. Mr. Abbott responded those conditions have been incor- porated in the estimated costs of which he spoke earlier • • I • - • • March 10, 1980 Page 10 • • • John Osborn, Board Member of the Ken Caryl Ranch Water Sanitation District, appeared before Council. Mr. Osborn asked what was the status of activating the old treatment plant. Mr. Abbott stated HOR and the City of Englewood have applied for a discharge permit with the State Health Depart- ment. In the interim, plans and specifications were being worked up to bid the project. The target date to start operation was August, 1981. Mr. Osborn supported Mr. Teal's comments to further investigate local funding. Mr. Osborn stated the estimated us e of 38,000 taps was conservative. The timing of getting the pro- ject completed was important and the delays in waiting for EPA funding were significant. Mr. Osborn stated EPA has already begun to place rigid restrictions on local jurisdictions. Mr. Osborn suggested obtaining formal written comments from parti- cipating water sanitation districts regarding acceptance of local funding and the costs that local funding brought with it. Mr. Osborn stated there was a growing feeling amongst builders to pay a larger tap fee if the plant could be built by a certain date and not have to undergo delays from the federal government. Council Member Keena asked Mr. Abbott how the increase of mgd was selected. Mr. Abbott stated the increase was decided from ex- amining federal guidelines as to how the plant could be expanded. If the cities locally fund the expansion, then the mgd amount could be either decreased or increased depending on what they wanted to do. Ms. Keena stated if a decision was made to locally fund the project, could a similar analysis be done under the existing contract with HOR. Mr. Abbott stated some additional study would be needed to determine which funding would be the most economical. He stated the study could be performed within a month's time. Mr. Abbott was unable to answer whether or not the study could be performed under the existing contract. In response to Council Member Higday's question, City Manager Mccown stated Englewood would pay for the cost to re- activate the old treatment plant. Council Member Trijullo asked the councils to consider expanding the capacity to 40 mgd in anticipation that the growth will extend beyond predictions • • I • - t( • • • March 10, 1980 Page 11 • • • Mr. Abbott stated if the cities decide to expand the plant without federal funds, the state health department still had control and influence over writing discharge permits. This may call for a more advanced treatment scheme which would be more expensive to do. City Manager Christy stated if further study was de- cided upon then he and Mr. Mccown would provide also further analysis of tap fees. Council Member Emley asked Mr. Abbott what kind of timeframe would be required in order to decide whether or not to locally fund or federally fund the plant. Mr. Abbott recommended that the decision be made with-in a one month period. Council Member Keena asked that staff call the Douglas County planner to confirm the population predicted for Mission Viejo. Council Member Staritsky spoke on the quality of the effluent and maintaining it at an acceptable standard regardless of cost. Ms. Staritsky stated the cities were responsible for controlling growth in a manner that keeps the quality of life in Colorado at a balanced level. Mr. Abbott stated whether the treatment was at a sec- ondary level or a higher level, the impact would not effect the overall quality of the river appreciably. Mr. Abbott stated the reason was that nothing was being done about controlling other non-point source pollution of the river. City Manager Christy stated nitrification protected only a small degree of fi sh life. Mr. Christy asked Mr. Abbott if the water rights issue involved in Alternative 15 would be a time-consuming factor • Mr. Williams stated it was his understanding from the state engineer that because the facilities and water were exist- ing that by exchanging with effluent rather than sharing ground waters, there was no water rights problem. Mr. Abbott stated if the sanctions that EPA had placed on the front range area are enforced, it would have a significant effect on the program in trying to get a grant • • • I • - • • • March 10, 1980 Page 12 • • • In response to City Manager McCown's question, Mr. Abbott stated the cities would have to comply with the stan- dards set by the state regardless whether federal funds or local funds were used. Council Member Higday asked Mr. Abbott if Alternative 15 was chosen and the plant was enlarged to 40 mgd, could pro- blems with the BOD be reduced by keeping the discharge into the Platte River down to what it would be if the plant were expanded to 13 mgd by using more land application. Mr. Abbott confirmed Mr. Higday's comments. Council Member Keena asked Mr. Abbott if the state would order either partial nitrification or full nitrification, would it be at that point the individual citizens would incur a substantial increase because the operation became more ex-pensive. Mr. Abbott confirmed Ms. Keena's comments. There were no further comments. PRESIDENT COLLINS MOVED TO CLOSE THE PUBLIC HEARING, ALSO THAT STAFF BE DIRECTED ALONG WITH HOR TO EXPLORE THE MOST COST EFFECTIVE PLANT EXPANSION BETWEEN THE FIGURES OF 13.5 MGD AND 20 MGD THAT WILL ALSO PROTECT THE QUALITY OF THE RIVER; THAT STAFF ALSO EXPLORE LOCAL FUNDING ALTERNATIVE IN MORE DEPTH COM- ING UP WITH THE SPECIFICS OF THE TAP FEES IN DISCUSSING THESE TAP FEES AND COSTS WITH DEVELOPERS IN OUR CONTRACTING DISTRICTS; THAT STAFF RECOMMEND TO US A SCHEDULE OF EVENTS TO OCCUR IN THE FUTURE AND THAT WE LOOK TOWARD MEETING AGAIN SOMETIME BETWEEN THE NEXT MONTH AND A HALF AND THREE MONTHS AS A JOINT COUNCIL. Council Member Taylor seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Trujillo, Emley, Taylor, Staritsky, Harper, Collins, Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Parsons. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER TRUJILLO MOVED TO ADJOURN THE MEETING. Council Member Higday seconded the motion • I • - - ' • • ' • March 10, 1980 Page 13 • • • 9 :15 p.m • Mayor Otis adjourned the meeting without a vote at • I . • ~In ( • • • • 2 B, C 0 U N C I L C 0 M M U N I C A T I 0 N DATE March 24. 1980 AGENDA ITEM SUBJE'CT Speci a 1 Events Penni t App 1 i cation Visitors ALL SOULS CHURCH 435 Pennwood Circle INITIATED BY __ C.;_i~ty=--C_le;;_r_k ___________________ _ ACTION PROPOSED Set Public Hearing Date to Consider Application Background: All Souls tatholic Church has an annual festival in the spring of each year. This years event will be held on June 7th and 8th. In past years they have requested and have been granted a Special Events Pennit to serve beer. w1 ne and 11 quor. Aec• endltion: City Council should set a public hearing date at which the application can be considered. • I . - • • • • ,. •· ORL439(Rev.10/771 ( ( STATE OF COLORADO DIPAITMINT OF IEVENUE APPLICATION FOR SPECIAL EVENTS PERMIT Do N ot Writ• In This SP•Ce LIQUOR ENFORCEMENT OFFICER'S ACTION 0.t• OISAPftROVEO ------------ Dot• INSTRUCTIONS: Answer all questions on this applicat1on, then get the approval of your local licensing anhority (SM last pegel and also the llPPfOVll of your Colo· redo liquor enforcenwnt officer. Then meit this completed apphaition with proper f• to the Coloredo [)epertment of Aewnue, Stlte Capitol Ann•• Building, 1375 Sherman StrNI. o.n-. Colorldo. 80261. Telephone (30311139-3741 . ~lcenHe Telephone Number NO PERMIT WILL BE GRANTED UNTIL THIS APPLICATION HAS BEEN APPROVED IV YOUR LOCAL LICENSING AUTHORITY ANO YOUR LIQUOR ENFORCEMENT OFFICER' Colorado foes""" 3 .2% B"r -SI0.00-dr(; -·Wine-Lrquor -1211.00-doy. Your local licensing a1thoritv will indlC8te the emount of their fN . All Answers Mu;t He Printtd In Ink or Tiptwrittrn What type of permit are you applying for? D 3 .2% Beer ~ Beer. Wine and Liquor 1. Applicant ill Soyla Catholic •rob Telephone Number 2. TradeName(ilanyl--------------------------------------~ 3. 4 . 5. Address 05 Pemwam o1 role City R!g).evooi County Arapaho! Colorado. Address of place to have temporary permit . (EXACT LOCATION OF PREMISES MUST IE GIVEN .) Give street and number if possible . If place is located in a town or rural district where it is impossible to give street and number. the lot and block number or part of section where located must be given . Clf•MM• • 4951 lwt.h Penpglnn'• City or T6Wn · !!111-vooi County Colorado. The EXACT date(s) for which application is being made for permit (no more than two days): From ___ 6._{1""'1fD.__ _____ 1_2-=}a'------6/f/~ 1115918 tO-----''------------------------.oate Hour Dat• Hour 6/8/PIJ 11 z 59i:a From ___ .6/8_· ~iso...,.-_____ 12_P' ___ _ Date H o ur tO-----~CIO~t-0--------....,.H~o-u-,-------- 6 . Do you have legal possession of the premises for which this application is made? ------------------- 7 . Is applicant organ ization incorporated under the laws of this state for purposes of a social , fraternal , patriotic, political, or athletic nature , not for pecuniary gain ; or is it a regularly chartered branch. lodge, or chapter of a national organization or society organized for such purposes, being non.p rofit in nature ; or is it a religious or philanthropic institution? !IJ Yes D No B. If the applicant is an organization incorporated in th is state for "non.pecuniary" (non ·profit) purposes, answer (a), (b) and (c). 9 . • (al Organ ized under the laws of the State of ----------------Date (bl Pr inci pal business is conducted at -------------------, County (c) Compl ete the following in detail : TITLE NAME HOME ADDRESS CITV .I. c;.TATE •IRTH DATE PRESIDENT VICE ·PRES . TREASURER SECRETARY MANAGER J ... e Sprillkle 500 E. GraJMi Ave. Englevood,Colo. 4/28/51 Are the existing licensed facilit ies of appl icant organization indajsquate for serving members or guest of the organization by reason of the nature of the special event which is scheduled? ~ Yes 0 No '· • I I • • • - - ( • • • • • 10. Are the premises for which application is made now licensed unde; the State Liquo 0 r Law or the 3 .2% Beer Act? \ j 0 Yes [j No If yes, to whom is the license issued? State license Number 11 . Has any special events permit been issued to you with in the current calendar year? 0 Ye s (2 No If yes , for how many days? J STATE OF COLORADO I County of •'1Af'+4.w SS . and . being by me first duly sworn , if fer himself, deposes and says ; that he is the appl1· cant above named ; or that he is j;;4 ~ of the above named corporation ; that he has read the foregoing application and that he knows the contents thereof . and that all matters and things there in set forth are true of his own know· ledge , and he agrees to conform to all rules and regulations promulgated by the DEPARTMENT OF REVENUE IN CONNECTION THEREWITH. \ \ ill Souls Church \~ Corpor1t• N•m~ . d.-~4 INSTRUCTIONS : If the prerniMI ire loceted with in a c ity or town, the epprgyal shown below should bl signed by the M1yor ind Clerk . If the premi1n are IOCllted In 1 county, then this mpprov1I should be signed by the Chairman of tht Board of County Comminionen and the Clerk to the Boud. ff, by ordinance or otherwi11, the IOC11l licen1ing eutf\oritv is some other offici1I, then such pPP'OVal 1hould be signed by such official. REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY The foregoing application has been examined and the premises, business conducted and character of the applicant is satisfactory . and we do report that such permit, if granted, will comply with the provision of Title 12. Article 48, C.R .S . 1973 . as amended. Therefore the foregoing application is hereby approved . DATED AT -----------THIS NAME OF TOWN . CITY OR COUNTY BY ATTEST : • DAY OF ------------, A .O . 19 ---• Mayor or Ch•irm1n of Board of County CommlHloners or Title of Other L1cen11n9 Authority Clerk or Secr•t•ry or 0th• Offi ce Haivlng Offlcl•I SHI of th• Llcen11n1 Authority • I • - • COURTS Eie<:led a1 G~1a1 Elections nelO lfl No~emO¥>r o f ~Vf!'t'I numt:Jf!>r~ rea rs • JUSTICES OF THE ST A TE SUPR EM E COURT Salaries Chief Justice SH.BOO . Justoces $45.000) Paul V Hodges . Chief Justice Jean E Dubolsky George Lohr Wilham H Enckson James K Groves LUIS Rovira RolJertB Lee DISTRICT JUDGES FOR 18th JUDICIAL DISTRICT (Salary $38 . 270) Marcus 0 Shivers Jr . Chief Judge Richard Eason Richard Greene Robert Kelly Joyce S1e1nhardt Richard Kaylor John Gately George Lee Charles A Freeman Ten Year Term 1987 1983 1983 1985 1981 1983 1983 Six Year Term 1981 1983 1981 1985 1983 1981 1981 1985 1983 DISTRICT ATTORNEY FOR 18th JUDICIAL DISTRICT (Salary $37 980) Four Year Term Robert Gallagher . Jr (R) 1 981 COUNTY JUDGES (Salary $30 .000) Thomas Lev•. Chief Judge Richard Cossaboom Chns Rat hs Ralph C Taylor Four Year Term 1981 1981 1981 1981 1•IO?" df" lf•f>< "1 .. J b, "» , •"'°"" A1 t("f .1 '"" )-,t'llf' fl••• .1 ""''" ;lr l tl! !1 t• '" •I' ,..., •!I f>;\( ! i.>I po; 'Vl ff"IT' f ..... ~! 1t"I ~fo' .l< •!'\] ,. ' '1-""'• .. ti " .. ( , .. .,,..,,, f •·[ •·r~ '•'a 1c.q, P 1.Ju<to• ) .~ ..... .,..._. ,,.,),CO!'• ",1>.. .·•:t' J!P ...... -a.<Jr,,, •1 It'''' ARAPAHOE COUNTY OFFICIALS (..., IP7iJlr;~,. f /#><('f""""Hf--"l\'~f',..,f'P' •fe.-,, '"'!'!''Pao-'" BOARD OF COUNTY COMMISSIONERS Mee1 s every Monday and T ueSday at 9 00 a m at 5334 S Prince. Lrllleton Colorado 80166 Ph one 795-4630 Four Year Term {Salarres ) John J Nr choll. Chm Thoma s R Eggert Charles Prtt s (R ) 1st Orsi $18,492 IA) 2nd Orsi $18 492 (R) 3rd Dist $25 872 E•nues 1-81 1-81 1-83 CL ERK ANO RE CO RDER {Salary $25 872) Maqorie Page {R) CORONER (Salary by fee only) Or John M Wood SHERIFF !Salary $2 7.024) Ed Nelson {R) TREASURER {Salary $25 .872) Paul Woll (R ) ASSESSOR (Salary $25 872) Allen Bla ck {R) Four Year Term 1-83 Four Year Term 1-83 Four Year Term 1-83 Four Year Term 1-83 Four Year Term 1-83 ao.rc11 •ppointed by County Commi1olonw1 ARAPAHOE COUNTY PLANNING COMMISSION Ottrce 5334 S Prince . L11tleton Meetings held Irr st and thrrd Tuesday 7 30 pm Adm1n1stra11on Bldg ARAPAHOE COUNTY BOARD OF ADJUSTMENl Meetrngs held Secono Thur sday 7 30 pm 795-4450 Adm1n1str a1 1on Bu 11d1ng Susan Dyroff . Secre1ary 795-4479 Caurll A,.pe._ County Offlclele • • • • 0 0 • I • • Cl • • I • 0 0 • • • MUNICPALITIEI There are ten 1ncorp0raled areas In Arapahoe County Six are home rule cities . one is a second class city. and three have town govern- ment Town governments are listed first BOW MAR TO-S Town government Located in both Arapahoe and Jefferson Counties Board of Trustees meets the second Monday ar 7 30 p m in homes of the trustees MayOf and s1:i1: tru stees unsal- aned Two year terms All terms e)(p 1re 4-80 TownClerli: Ann A Johns Phone 79 4·3746 a.rd of Trua-: Wilham Thornton Mayor Elliot Payson, Mayor Pr o T em Theodore Borrillo Norman Tan ner COL UMBINE VALLE Y Mary Carter Roy Wh1senhun1 Donald Crossland Town government Board of Trustees meet the 1h1rd Tuesday at 7 30 pm at Columbine Country Club t 7 Fairway Lane Lntlelon 80123 Mayor and Trusrees unsalaned Two year terms All lerms expire 4-80 Town Clerli: Helen E Sch1lp l•rd of Truat-: Joe Kindregan . Mayor Frank Grassy W L Kersnaw W H Graham DEER TRAIL Phone 781 ·8946 Jen Maxwell George D1a chol< Joseph LaFleur Town government Board of Tru stees meets the f1rs1 Tuesday at 7 00 pm al the Town Hall Mayor and Tr ustees unsataried Two year terms AU terms expire 4-80 Town C..,.: Vera L Noms a.rd of Trua-: James Rossi . Mayor Everet! Davis Robert Pund t 769-44 64 Lloyd C tarl< Tom Co• Robert Rec tor Ma). Myer s AURORA CITIES Home Ru le Cuy w •ll'l Counctt-Manager torm 01 governrnen t Council meets every Monday at 7 30 pm in Mun1c;pa1 Bu110mg . 1470 S Havana St Planning Commission meets tne secQf"ld and fourtn Wednesday at 7 00 o m .., ST A TE BOARD OF EDUCATION (unsalaned) Dorothy Gort1eb .Jacqwe Haughton Frank Rico tta Alle n Lamb Betty G1ll 1ss •Arapahoe Counry CR > I st 0 1s tnct I RI 2nd District CDl 3rd D 1s 1ric1 (R ) 4th District CD l 5th D is trict • Six Year Term I 65 I B3 I B5 I B3 I Bl STATE SENATORS FR OM ARAPAHOE COUNT Y DISTRICTS • (S a ta :~ $1 2.000 per year plus $50 per diem during session ) J Robert Allshouse Ralph Cole (R) 2 1 SI District I Rl 22nd D istrict Four Year Term I Bl I Bl Hu gh Fowler (R I 20th District I BI Robert Wham I R I 7th D istrict I BI STATE REPRE SENTATIVES FROM ARAPAHOE COUNTY DISTR IC TS · (Sala ry $1 2 000 oer yeai plu s $50 per diem during s e'SS1o n l Tw o Year Term Martha Ezz ard CR) 37th District I 8! Paul Schauer (R ) 391h D•Slricf I BI Be verly Scherl1n g (Rl 36th D istrict I BI Ann McGill Gorsuch I R\ 12th District I BI .Joe Winl<ler (Rl 40th D istrict I BI Jim Reeve s <RI 38th D is trict I 8 1 Betty Neale I R J 14th District •' I Bl Address Senator or Representat ive Sen ate or H ouse of Representat iv es State Capitol Bu 1ld 1ng Denver CO 80203 • Sin ce each Legislator •s elected f rom a sep arate d 1str1n , a Colorado c itizen votes for onlv one St a te Se nator and one Sta re Representat rve •• 0 1str rcts some t imes encompass mult iple counr1es State Cllflcia11 • • • - - • • MUNICIPALITIES There are ten mcorporated areas m Arapahoe County Snc ar e home rule c1 t1es . one 1s a second class ci ty. and three have town govern- ment Town governments are hs ted first BOW MAR TO-S Town government Located m both Arapahoe and Jefferson Counties Board of Tr us tee s meets the second Monday at 7 30 p m in homes al the lrustees Mayor and soi; lrustees unsa~ aned Two year terms All terms expne 4-80 T-n Cieri<: Ann A Johns Phone 79 4-3 746 lloerd of Trua-: Wilham Thornton . Mayor Elliot Payson , Mayor Pr o T em Theodore Bornllo Norman Tanner COLUMBINE VALLEY M ary Carter Roy Whisenhun l Donald Crossland Town governmen1 Board of Trus tee s meet the third Tuesday at 7 30 pm at Columbine Cou ntry Club. t 7 Fa11way Lane . Littleton 80123 Mayor and Trustees unsalaned Two year rerms All terms exP1re 4-80 T-n Cieri<: Helen E Sch1lp lloerd of Trua-: Joe Kindregan . Mayor Frank Grassy W L Kershaw WH Graham DEER TRAIL Phone 781 -8946 Jen Maxwell George D1a chol< Joseph LaFleur To wn government Board ot Truslees meets the fir st Tuesday at 7 00 pm at the Town Hall Mayor and Trustees unsalaned Two year terms All terms e1Cp1re 4-80 T-n Cieri<: Vera L Nor11s lloerd of Tru•-: James Rossi. M ayor Everett Davis Robert Pundt Robert RectOI 76~44 64 Lloyd Clark Torn Cox Max Mye rs AURORA CITIES Home Ru le C11y w1tn t:ou ncH-Manager rorr11 01 government Council meers every Monday a t 7 30 p m in Municipal Bu 110mg 1 4 70 S Havana 51 Planning Commission meets 111e second and towt Wednesoay at 7 00 o m ST ATE BO ARD Of EDUCATION (unsalarted) Sut Year Term Dorothy Gotlieb Jacquie Haughton Frank R 1cona Allen Lamb Betty Gill iss '"Arapahoe County (Rl l st D 1str.c t (R) 2 nd D1stnct (0 ) 3rd District IR I 4th District (D l 5th D 1stnct I 85 1·83 I 85 l 83 I 81 STATE SEN ATORS FROM ARAPAHOE COU NTY DISTRICl s · (Sala:y St 2_000 per year plus SSO per diem o ur1ng session) Four Year Term J Roberl Allshouse !Rl 21st Dis trict l 81 Ralph Cole !Rl 22nd D istrict l 8 1 Hugh Fowler I Rl 20th D•Slnct l 81 Robert Wham !Rl 7th District l 81 STATE REPRESENTATIVES FROM ARAPAHOE COUNTY DISTRICTS " (Sa la ry $ t 2 000 per year plus $50 per diem duong session ) Two Year Term Martha Ezzard I R) 37th D1stn c1 l 8! Paul Schauer (Rl 39th D1 s1nct 1-81 Beverl y Scherlmg (RI 36th District l ·81 Ann McGill Gor such (Rl l 2fh D1stn ct l ·81 Joe Winkler !Rl 401h Dos:nct 1-81 Jim Ree ves !RI 38th District l ·81 Betty Nea le <R 14th District ' 1-81 Address Senator or Representative Sendte or House of Representat ives State Capitol Bu•ldm g Denver CO 80203 • S+nce each Legislator is elcctecl from a separate d istrict . a Colorado ci t izen votes for onlv one State ~nator and one State Represen tat ive •• 0 1str 1C1s sometimes encompass multiple counties • • • • 0 0 • I • • - 0 • • • • • STATE OFFICIALS GOVERNOR (Salary $50.000) Term Expires Four Year Term 1-83 Richard 0 Lamm (D) Ad01ess TtieHCYIOf at»eR•cria1oO Lamm Go·~rnor ot Co1oraoc Staie CaDl fOI Bu•IO'ng Denver CO 80203 LT GOVERNOR (Salary $25.000) Nancy Dick (D) Four Year Term 1-83 Lt Go11eu\OI ol Coloiaoo Slate CaoitOI BwlO·ng 0en ... e1 CO 80203 TREASURER (Salary $27 .500) Roy Romer (D) Four Year Term 1-83 SECRET ARY OF ST A TE (Salary $27 500) Mary Es1111 Buchanan (R) 1-83 ATTORNEY GE NERAL (Salary $35.500) JD MacFarlane (Di 1-83 REGENTS OF THE UNIVERSITY OF COLOR A DO (Unsalaned) Six Year Term ~i..t(entAl"IOef<,()n IR~ 18!J I 8> lBJ 1-&' 1-SJ 1-81 1-8'j '., ' .. lOU•'ii9e1r, 101 f•l!O &-!l Ji 101 •< 10Bein1r•. 10• a~'°'"' Joi.osor-ID> Sa"'Oyi<1~me< IR> Ra ., .. ,N...,. >0> Pe1e<O>et1t; 1R1 oa • .aSu~'~"t(I IR• Salary Mayor $500 per monm May0< Pro T em $400 per month Council $350 pe1 month Clfr ......... , Robe r1 E Broom OepulJ Cltr Clert: Ga•I Johnson Cauncll: Dennis Champine May0< A1 Large Ward No S1eveHogan 11 -83 1 Mal Duty Four Year Term Term Expires 11 -83 11-81 Paul E Tauer 11-83 2 John B Su1era 11 -81 Jack B Everhar1 11-81 3 Jack Fenlon 11-83 M ickey KavanaQh 11-81 4 Andrew Cordova 11-83 C HERRY HILLS VILLAGE Home rule city w ith Mayor-Council form Of governmenl Council meels the first and third Tuesday al 7 30 at Village Center. 2450 E Quincy. Englewood 80110 Mayor and Council unsalar1ed Mayor serves two year term Council serves staggered lour year terms City Cle<I!: Ehzabeth N Noel Phone 789-2541 Council: Be1h Jenk•ns. Mayor (4-80) Term Expires L Dean Pe1erson . Dist 1 (4-80) Theodore Washburne. D>S1 2(4-82) Judson L Manning. D1s1 ~ 14-80) ENGLEWOOD Term Expires Charles Schloss . Jr D•s1 4 (•-82) BU11on Dunn. D1 s1 5 (4-80) W>lham Chns1man . D>S1 6 (4-82) Home rule crty w11 h Counc1l·Manager torm ol government Crty Council meets every l1rst and thrrd Monday at 7 30 pm al the Cny Hall. 3400 Sou1h Ela11 S1reet Planning Comm>Ss•on mee1 s the Tuesday lollowmg each council mee1mg al 7 00 pm Salary pe1 month May0< S500. Mayor Pro Tern $450 Council $400 Clfr llen8119f: Andy McCown Phone 761 . 1 1 40 City Clert: Gary Higbee Phone 761 -1 1 40 Council: Four Year Four Year Term D1stoc1 Expires Eugene 01is . Mayor A1 Large 1-84 Joe B1lo A 1 Large 1 -82 Beverly Bradshaw. Al Large Mayor Pro Tern 1-84 llunlclpellttes D1s1 Tom Fitzpatrick 1 John Neal 2 Jim Higday 3 Beny Keena 4 Term Expires 1-84 1-82 1-84 1-82 • 0 0 • I • - • • GLENDALE Home rule city w!lh Mayor -Council form of governmeni Council meets the first Tuesday at 7 30 pm at Glendale Cny Hall 950 S Birch SI Denver 80222 Mayor and Council unsalaned Four vear terms City lllen-and CltyCleft: Jo~n Baudek Phone 75~1513 C011ncll : George T Garson Ma yor (4-80) Wilham J Convery ( 4-80) John Johnson ( 4-82) John R Gilmore (4-80) Joseph Kaiser (4-82) Emma Wa ll (4-80) Della Jones (4-80) GREENWOOD VI LL AGE Home rule city w•th Mayor-Councll form ot government City Council meets every lust and th ird Monday at 8 00 pm at City Hall . 6060 S Quebec . EnglewOOd . CO 80111 Mayor and Council unsalaned Two Year Terms City Cleft: LOIS Iman C011ncll : Sam Jenkins Mayor LITTLETON James Talman Richard Torpy Jack Levme Na11 1 Molloy Coleen Love Paul McMalh Dorothy W ilson Frederick Fisher 01stnc1 I 2 3 3 Phone 773-0252 (11-81) (11-81) (11-81) (11-81) (11-81 ) (11-81) (11-81 ) (11-81 ) Home rule city with Council-Manager form ol government City Council meets the f1rsf and th ird Tuesday at 7 30 p m al Lrl1le1on Cen ter . 2255 W Berry . L1llle1on 80120 Planning Commission meers the second and fourth Monday at 7 30 p m Salary Council Pr es1den1 $250 per month President Pro Tern $225 per month Council $200 per mon1h City lllenaver; Gale D Chrrsly Phone 795-3720 City Cleft: Janel G Ham son Phone 795-3753 Council Four Year Terms Term Expires James P Collons . President (Orsi 3) ( 11-81) SamuelJ Harper .Presrden!ProTem (Dosi 2) (11-83) Charles L Emley (D1s1 4) (11-83) JamesTaylor (Orsi 1) (1 1-81 ) Sally H Par sons (Al large) (11-83) Jennre Starr!zky (Al large) (11-1!3) Joseph Tru11llo (A!large) (11-81) NATIONAL OFFICIALS f 1ec1ea a1 G e ne ral (lec11oos 11810 •n No ~emOer PRESIDENT (Sa lary S200 .000) James E Caner (D) T•'1 .... ,,.teHo.,, Wao,t rigtOI 0 C lO'"luO [)f>,., Mi P1t><>•9efll Voce Pres1den1 (Salary S75 .000) Waller F Mondale (0) w:i-.1 '11,1''"'" r c ~'-'SOO at l,l r V• t'P•e<.IOt'"I SENA TORS (Salary $60 . 700) Wilham Armstrong (R) Allo,., ••; '' "'-""0'''" -.1'" .,, .. i-."'<! •t q, ... ~·· l 'i>(/11 E'S... "'1 '" Term expires Four Year Term 1-81 Four Year Term 1-81 Six Year Term 1-85 °"'''•t.'' C.01'\., 11 V'..t • >ll'lJf r1 • ).,,~, ff>'4'tl°'<J"o-'81" d1 .. Gary Harl (0) 1-81 A IJ't' ···•H, ll;)Ot1(.,,11~fiar1 Ot I '•8Hgt'Sneet •n -e ~·.a1eo,1.ceBu·1t1~ Oefl~ei-CD'Ol-1008o::1e -..·i .. • •Y ._OSOQ le·@Dfl0ne8V u 21 REPRESENTATIVE (Sal ary $60 .662) Kenneth Kramer (R) Abaen ... VOll 1•~·•l•" '""'Ofr"Buaa·ng w .. ~..., tor. o 2U'i1'i Two Year T91m 1-81 Of 891]£ Ur-'()ln A ~~ E"Q·e.-. CO IP'M"V.nt 1-r 6 JO • • • 0 • I • • • • • • ABSENTEE VOTING To vote absentee the voter must be A •ec}Sl!!lea .. 01e• Ml() rE'Qu11ea 10 oe aoserr ''°'" t~e coun1 1 Of'l '?•nc.N>" 0.1y · .\ •eg s•er~ vote' ""''-0 •S unan,e 10 "'' ... • oo>r• "' t>o• -au•+> at .-.-..;, )• pr 1o.-;•ca1 o,sac ·..- A registered voter who expects to be out of the county on elec tion oay m ay appear and cast his vole at the A rapahoe County Adm1nis- trat1on Bldg not earher th an fifteen days before the elec tion nor late r than Fnday before the e1ec 11on W hen voting oy ma11. a voter's request for an abseniee ba llo1 must be Med w tlh the county clerk not earlier than 90 days before the elechon nor later than the Friday before the election The foll owin g 1ntorma11on should be included wllh his request for a ballot Name AOo•ess 10 wri,cn rie "' s•iec; tne e>a1•01 rra·1ea Reason'°' no1 tie•ng aoie 10 oe a1 11"' DCJlt<; Of1 e·-· ,., aa~ PanyatMat•ori Signature QI tflfl aPP1 n1 iam••y ""'~bef Of aa<>.,t Kind OI oa1 ~1 oesneo tDf1ma1y O"'",.'a· r>ev. 1es.•0""11 or .>Of>C·a'I A. separate apphcai.c>n !()I eac1· e1et1•0!" 1n 1»ou"f'O Once rece1ved . this ballot must be Mled out m !he presence ot a nota ry (Color ado law requires absentee ballots be notar1zed tree of tharge ) The absentee voter 's ballot must be 1n the hanos ot the county c lerk not later than 7 p m on the day o l the elec1 1on ~ Absen1ee votmg for mun1c1pal and other local elections tallow s the same procedure through 1he ot11ce ot !he City Clerk or ot 1he g overn· 1ng bO<ly holdmg the election EMERGENCY ABSENTEE VOTING Should a registered voter be confined by illness alter 5 p m on the FrKJay before election (the deadhne fOf absent voter apphcauons). an emergency absentee ballot may be reQuested from the office ol tne cler~ before 5 pm on the day preceding the election and returned no la te 1 than 7 p m on election day I SHERIDAN City w ith Mayor·Counc11 form of governmenl Cou ncil meets second and tourlh Tuesday at 7 30 pm at C11y Ha ll 44 00 South Federal Boulevard. Englewood 8011 O Salary · Mayor S 125 per mon/h Council S 125 per month Four Y•r Terms Term Explrn City Clertc : (elec/ed) Bon11a Lee Hutcheson 1-82 TrN1urer: (elec1ed) Anne/le Dudley Councll: Willred D Corbin . Mayor W1llram Carter Tena Bocc1arelh Rober! G Garcia Joe I San chez Carroll Royer C Richard Lynch Phone 795-341 4 1-82 (Ward 1) (Ward 1) (Ward 1) (Ward 2) (Ward 2) (Ward 3) (Ward 3) 1-82 1-82 1-84 1-84 1-82 1-84 1-82 DENVER REGIONAL COUNCIL OF GOVERNMENT -DRCOG A voluntary assoc1at1on of tocal units of governmem 10 solve mutual problems on a regional basis Its pu rpose is to formuta1e a regional development plan and serve as the offlc1al review agency for federal grants Members consist of the governments of the six metropolltan cou nties A County C ommissioner lrom each of the Stx counues and a Councilman from each munic1pallty within these counties make up lhe Polley Committee Oll1ce 2480 W 26th Ave Suite 200 B Denver. CO 8021 1 Phone 4 55-1 000 SOUTH SUBURBAN METROPOLITAN RECREATION AND PARK DISTRICT 6315 S University Blvd . Little/on. CO 8012 1 Phone 798-2 493 South Suburban 1s respans1ble tor providing meaningful ac11v 1ty tor leisure pursw1 s of !he community relal!ng 10 recrea11on and parks This includes actMt1es , prov1s 1on ol open space and rec:reauonal fac1h11es D1rec1or Richard P Castleberry Board (elec/ed at large represen1a11ve s) Chairman Grant Goodson Elsie Heglund Thomas Filzgerald Gordon Milliken James Moorhead Term expires 5-82 5-80 5-80 5-80 5-82 Cauncllaf 0-..IMflta • 0 0 • I • • - 0 • • ,. PUBLIC SCHOOL DISTRICTS IN ARAPAHOE COUNTY School d1 stric1s hold School Boar d elec tions the first Tuesday in M ay of odd numbered years A School Board cons1s1s ol ftve OtreCIOf S servmg either lour or sue year s taggered terms (D1str1cts va ry ) Candidates run on a non-partisan basis from 01fector 0 1stnc1s . bul are voted on at large 1n each Schoo' D1s1r1c1 -MeM!ng Deyaol&c:h Dlatrlct No. Dlatrlct A-... ,_. AURORA 28J• 1085 Peoria 344·8 060 Aurora 80011 BENNETT 29J • High School 644·3234 Bennett 80 1 02 BYERS 32J • High School 822·5292 Byers80103 CHERRY 4700 S Yosem11e 773-1184 C REEK Englewood 80111 DEER TRAIL 26J• School Bui lding 769-4421 Deer Trail 80105 ENGLEWOOD 4101 S Bannock 761-7050 Englewood 801 10 LITTLETON 6 6558 5 Acoma 79S.7007 Littleton 801 20 SHE RIDAN PO Box 1198 761 ·8640 Englewood 80150 ST RASBURG 31J• High School 622·9211 Str asb urg 80t 36 • Jomt aperatton 1n con1unct1on w ith another county MISCELLANEOUS ARAPAHOE COMMUNITY COLLEGE Office 59005 5antaFe Dr .L1ttleton .C080120 Phone 794 · 1550 Month 2nd & 41 h Monday 3r d Tues 3rd Thurs 2nd M on 3rd Thurs 1st& 3rd Tuesday 3rd Tu es 2nd Tues 2nd M o n SOUTHE AST METROPOLITAN BOARD OF COOPERATIVE SERVICES -SEMBCS Adm 1nistrat1on of adult . cont1numg . and special educa ti on programs . educational support services for member school d1 str1cts -Aurora . Cherry Creek . Clear Creek . Ehzabeth . Engle- wood . Linleton . Plane Canyon and Sheridan Mam Office 2323 W Baker. Englewood . CO 8011 0 Phone 934·5 786 ARAPA HOE-DOUGLAS AREA VOCATIONAL SCHOOL O N1 ce 5833 S Prince . Littleton . CO 80 120 Phone 795-8207 ARA'AH0£ COUNTY ADllllNllTRATION llUILDINO Ott1ce of Clerk and Recorder . 5334 S Prince St L1 ttle1on . CO 80166 795·45 11 Aurora -Arapahoe County Clerk Branc h . 15400 E 14th Pl 343-1840 CitvHall .14705 Havan a -750-5000 .E•f 217 Cherry Hiiia ¥ ..... Center-2450 E Quincy Ave -789·2541 Deer Trell-Town Hall -769-4464 Ene-City Hell -3400 South Elalt -761·11 40 Olencl91e -950 S Btrch -759-1513 Greenwood vni.ve City Hell -6060 s Quebec -773-0252 Llftleton Center -2255 W Berry A ve -795·3700 Sheridan -City Hall 4400 S Federal -795·3414 f\R.t.t,("HRf\1!t;TR AT l(>N .. ,.,,f)l•Of!l P•.l'fla1 ... a (;f'Mt'!.l flt>rl•n"l lC'UtO ll('la le~·1~ A· '"'<lfl" ~''''"'"'"•'"''J '•'• lM "f'<f>"'ll'lf'\·'I"' .,.,. ·mmf"Oar.>l~m•-t ··'lO.lll'f> ,•f> 1o !"' 'IT',h· "QI '1f> ,\!1· t'l,)fl, 111 l!,\I (Jn Inf ~f>r" l• .~ V!''l>I' "'!1 ['I> 1 Of'(:! • ()•\'" ' W>C ""4"'t»'' 'h•···~,.. l"'t lA ""1>'1'\Cl•t'Ol•lt"' ' yf'!T!_ 'll A.Pf'!·\!AQ' £lr T~~,j , .. , ., '•"'"'"' ti'(,lft'"'l"l'lf!Vl'I °'' 1n l1"1JIT'lv!' .. ..,,,.,,,.,.,_.,.,,,,,''PO"• t)tl'"Poo!IS•lftfi!'Y'ft,t> .. -...-!r"lf\{1;h..; . .\~'"f"l'f>•<l'"' ma\ rlOf(',,O"IC'fM''V ''" 1'·(Vl•1"\f'V'T',l!\'f' lf'l<'O,). In ~·f 1lf ... A f'ARl ' A•,)('US .\ ""'f"I .~ 'l"Oc.1•<>0 •1 ~ rr.::i· ·""f>l.l w·I"' ~ u.1·1~ lfll !!>!,·(> ·• ""'"• flf '• r• I.I I I• J l'I' .,.,,.o(' fq 1 ''>! P.,I "'Cl.l~ ,r• t.,4.1 1 ! Iv '"' I "' ,.,...,1,,., .. " l •''"'l".l f ,..,.,,,..,,. ' f'.l"P ;,, ('+ l("!'T'f1,1"Cll•(ln" !'fl 1;>. 0!1 ·l "tl "'"'"'J·''"''<'ll '"' '•ev ""''-A t°"""t''"Ot• f''t<'C':l!'JJ"ll"l""'·<1·-~'"f'>"'-lt•\1'11,,. ,.,. lll'.• l 11i0ft 't''Jl'M I 1+41 lf,1 ,\ •• "" • '"'·f' l"lt"'•.ncJ II' ... 11<· '!'° ·f' !;'4'1>1 A oM'Pl''l!l. .. P'f1 ""-'•t•'f'I •• '""''""11 .... f't•<o •'l•t'l" • • • 0 0 • I • • - • VOTING OUALIFICA TIONS Any U nited States c1 t1zen may become a voter 1f he is -E1ghleen years old al the time of the elecuon • -A resident of Colorad o for 32 days at the time of the elecuon•• -A reslden1 of his precnlC t for 32 days -Registered Special d1s1ri c 1 elections and bona issue elections may have further requ1remen1s concerning property ownership or ad valorem ta xes paid during a certain penOO • A person whose eighteenth birthday falls before election day may register after age 17 years 1 O months during 1he legal reg1stra11on period. • • A new resident of the State ol Co+orado tor 29 days may reg 1s 1er to vote for the President and Vice President of the United States The procedure and time schedule are the same as tor the absentee voter VOTING PLACES Voting 1s done by precinct or ward m designated polling places . Polling O'aces are changed as precinct Imes are redrawn to comply with election code requirements Locations are pubhshed m local newspapers prior to elections Volers knowmg !he ir general prec inct number can also obtain palling p lace 1nforma11on on elec tion day by calling the County Election Office (795-45 t 4) REGISTllA TlON A c1 t1zen may reg1s1er any time up 10 and mcludmg 32 days befo re a Pr imary or General Election or an y time after 45 days following a General Elec uon at any of the followmg loca11ons .... SPECIAL DISTllllCTS In order to provide munic ipal type serv1Ces tor urban developmen1 m Colorado's counties. state law provJdes for the organization of Special Districts There are 85 s uch d istricts m Arapahoe County Every property owner resides 1n an number of these Special Districts for which he Is taxed . He may 1dent1fy the districts by refemng to his Annual Ad Valorem Tax Notice Given the legal descnption of property . th is informalion c an al so be supplied by calli ng the County Assessor's Office. 795-4606 Districts classified as Fire Protechon Districts. San11a11on D1stric1 s . Water Districts and Recreation and/or Park Districts have Boards of Directors elected to manage the affairs o f the d istrtets and to set mill levies for the d1 stncts By law . there are five Dtrectors serving six ·year staggered lerms. excep1 m Recreation Districts where the term is four years (See Election Calendar 10< the dates of these biennial elections) There are some districts which have app0mted rather than elected boards They are ARAPAHOE REGIONAL LIBRARY DISTRICT Serving all areas outside of the cities of Aurora. Englewood and Littleton Five member board app01nted b y County Com- m issioners and Deer Trail Sc hool D1 s tnc1 Address 2305 E A rapahoe Rd . Li ttleton . CO 80122 Phone· 798-2444 Branches 320t West Oxford -789-5422 7777 E Arapahoe Rd -77 t -3 t 97 2305 E Arapahoe Rd · 798-244 t AR APAHOE LAW ENFORCEMENT AUTHORIT Y Board consists of Cnun1y Commissioners Serves unin· corparated area of County Adm1n1 stered by County Sheriff Phone: 795-4711 Emergency : 795-4711 or 9t 1 REGIONAL TRANSPORTATION DISTRICT Six County 01s1r1ct for Mass Transit Board has 21 members, w ith two d irec tors app0inted by County Commissioners from Arapahoe C ounty Otllce: 1325 S Colorado Blvd , Denver 80222 l'llone: 759-t 000 778-15000 Route Information URBAN DRAINAGE AND FLOOD CONTROL DISTRICT s,. County Dis trict Board has t 5 members Boulder County Comm1ss10ner Walden Te>e'vs 1s chairman l'llone: 455-6277 Otllce: 2480 W 2 6th Ave , Bu1ld1ng B Suite t 56. Denver . Co 802t 1 1c11001 Dlalrlcta Spec•I Dlatrtcta • • • • • 0 0 • !/ I • - ct • • ELECTION CALENDAR GENERAL ELECTIONS First Tuesday after the first Monday 1n November rn each e11en numbered year lor National. State and Counry Ott1c1als Con- s111ut1ona1 Amendments. lni11a1ed and Referred Bills POLITICAL PARTY PRECINCT C AUCUSES F1rs 1 Monday m May ol even numbered years . for Prec1nc1 Delegates to County A ssemb hes PRIMARY ELECTIONS Second Tuesday in September 1n each even numbered year . lor Party Nominees in General Elections SPECIAL ELECTIONS Held any Tuesday fo fill a vacancy m an unexpired term m Congress Held any Tuesday by a Mun rc1oahty or 01str1c1 governmg body for the submission of pUbltc Questions concerning contractmg or refunding bonded indebtedness. or !tie gran1tng of Public franchises REGULAR MUNICIPAL ELECTIONS lncorpor•fed Towns: F1r s 1 Tuesday in April in even numbered years Statutory CitlH: Ftr sl Tuesday of November 1n odd numbered years Home Rule Cities: May establish etecuon days m their charters SCHOOL BOARD ELECTIONS F1rs1 Tuesday m May of odd numbered years SPEC IAL DISTRIC T ELECTIONS The flrs1 election ts neld the second cale ndar year followmg forma11on of tne d1st11ct and 1n alterna1e years 1hereat1er Fire PrcMectton , Weter. end S.nitetton Dl81ricts : Tuesday succeedmg rhe first Monday 1n May of eacl-t even- numbered year Recr•tton end Perle Dlatrtcts: Tuesday succeecJ1ng the f1r s1 Monday m May of each even- numbered year HISTORY OF ARAPAHOE COUNTY Arapahoe" IS !he name of an Indian tribe wh1cn once cl ai med th•s land Tne area was well known 10 trappers and explorers when •I wa s the wesrern poruon of the Kansas Territory Settlement followed the discovery of gold at the mou1h of Llftle Ory Creek In 1861 when ine Colorado Terrilory was created Arapahoe Coun1y was a thirty mile w+de str1p from present day Sheodan Boulevard to the Kansas state hne In 1903 tne Cny an<l County of Denver was carveo out of the coun1y and tne norihern pOrt ron ol lhe coun ty , became Adam s County Excep1 for annexations 10 Denver smce !hen , the basic dimensions remam that of a rec1angle 12 miles wide and 72 miles long Bordermg counties are Jefferson, Denver , Adams, Douglas . Eiben and Wa shing1on The preseni popu1a11on 1s approxima1ely 292.900 w11h an an11c1pa1ed growlh 10 351 .300 by 1985 Pretece Hlatory Atllpe'-County • • • 0 0 • I • • - " • • • • • • PREFACE Thts book let is prepared by the League of Women Voters of Arapahoe County 1n an effort to emphasize 1he fran cn1se -the righr to vo1e -as rhe basis ol A mencan democracy and promote pohucal re- spons1b 1lny through informed and active part1c1pa11on of c11tzen s 1n government Through 11s Voters Service ac11v111es League members regularly anend meeungs ol such off1c1at bodies as the County Comm1s1oners , City Councils. and School Boards They prepare nonpartisan tactual 1nlorma11on on candidates and issues Add1t1onal coptes of thi s booklet may be obtamed from the League Olltce OFFICE AND MAILING ADDRESS Leag ue of Wo men Vote r s o f Ara pa hoe Cou nty 2305 West Berry, L1111e1on . CO 60120 Phone 795-t 497 ' 1 HO ELECTION CALENDAR Aprll1 Mun1 c1pal elecuons Cherry Hills Village. Bow Mar , Columbine Valley. Deer Trail , Glendale MliyS Pr ecinct Caucus Day Mliyll Special D1s tnc1 Election Day Mliy1S-June4 Poht1 car party county a ssembhes Auguste La st day to regi s ter tor pnmarv elec 11 o n s September9 Pr imary election day Oct-3 Last day to register tor general elec ti on Nowember4 Gener at Electi on Branch reg1strat1on w ill be held at various shopping cen ter s Watch loca l new spapers !or locaflon Primar y July B·Aug 8 General Sept t().Oc t 1911 ELECTION CALENDAR Mliy4 Nowember3 School Board Elechons Murnc1pal elections Greenwood Vi llage , Sheridan 1n Englewood L1t11e1on and ELECTION INFORMATION Aropahoe County Cieri< and Recorder 533 4 S Proo c e St , L1t1leto n Colorado 80t 66 Phone 795-45t t League ot Women Voters of Arapahoe County OfflceAddre11 2305 W Beiry L1t1leton . Colorado 80120 Phone: 795-1497 Arapahoe County Democratic Party H•dquartera 776 Peoria . A urora . CO 600t t Cha irman Jerome A Balley Phone: 34t-ot22 State Democratic Party H•dquarter1 t 635 Race Street Denver CO 60206 Chair man Mark Hogan Phone: 320-1000 Arapahoe County R-'>!lcan Party Heedquarten 6933 E Union. Englewood, Colorado 60t t O Chairman Mike Massey Phone: 770-2290 State Republican Party Heeclquarters t275 Tremont Place Denver . CO 60204 Chairman Phil Winn Phone: 813-t 7711 • 0 0 • I • ( - ·po0Ma16u3 pue uo1a11111 jO Sa!IP a41 WOJj a :>Uel S!SSe 1epu e u !1 41!M pa1u !Jd ap !n6 S!41 Compiled by the League of Women Voters of Arapahoe County 0 0 I 0 • • • • • ~ ~-;. V--!i>C> ~ p_._ ~~~0 /?////~A_) I .::; u. Y\) I!..'\ (0q Vle.. ~-.y71 k -~c2 -yt, .. S'('.:J /~ ~ .s-~o(/ S'.S~ • dc&b;;:::__ o{~ c/?'1-~~ ;(-huti,._,_~ ~trJ I I // I . - • • • • 53 .J_ r .£ c? :z., 7- 53/ ('.'.) ~-i1) d 5.3).S-5,;J, ~~. • I . - .. • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT 3.2 Beer Application 7-11 Store March 24. 1980 Visitors 3501 S. Logan INITIATED BY __ C_i_ty:......-C_le_r_k ___________________ _ ACTION PROPOSED Receive application • Set Public Hearing Date fstablhh n~inhborhood for Df!titioninQ Background The 7-11 Store at 3501 S. Logan has applied for a 3.2 Beer license (consumption off the premises). There are currently five 7-11 Stores in Englewood. three of which have 3.2 Beer licenses • Conclusion City Council should receive the application and establish a neighborhood for petitioning . I . • - • • DR L 403 (Rev . 3/ 75) • • • • STATE OF COLORADO DEPARTMENT OF REVENUE APPLICATION FOR 3.2% FERMENTED MALT BEVERAGE LICENSES (RETAILERS, WHOLESALERS OR MANUFACTURERS) THIS APPLICATION MUST BE FILED WITH THE COLORADO DEPARTMENT OF REVENUE, TELEPHONE (303) 892-3741 . STATE CAPITOL ANNEX BUILDING , 1375 SHERMAN STREET , DENVER . COLORADO 80203 . NO LICENSE WILL BE GRANTED UNTIL THE APPLICATION HAS BEEN APPROVED BY THE LOCAL LICENSING AUTHORITY. IMPORTANT : CHECK THE APPROPRIATE BOX FOR THE TYPE OF LICENSE(S) BEING APPLIED FOR . THIS IS AN ORIGINAL APPLICATION AND A COPY MUST BE KEPT IN YOUR FILES FOR REFERENCE WHEN APPLYING FOR RENEWAL LICENSES . IX}flETAIL 3.2% BEVERAGE LICENSE FEE S 25 .00 0 WHOLESALE 3 .2% BEER LICENSE• FEE $100.00 0 MANUFACTURER 'S 3.2% BEER LICENSE• FEE $100.00 •MAY REQUIRE BOND THE UNDERSIGNED HEREBY MAKES APPLICATION FOR A STATE LICENSE AS INDICATED ABOVE , UNDER THE PROVISIONS OF TITLE 12, ARTICLE 46 , CRS 1973, AND FOR THAT PURPOSE MAKES THE FOLLOWING ANSWERS TO THE QUESTIONS CON- T Al NED IN THIS APPLICATION . EVERY APPLICABLE QUESTION MUST BE ANSWERED . ANY FALSE ANSWER OR STATEMENT MADE BY THE APPLICANT CONSTITUTES PERJURY AND THE PERSON MAKING SUCH FALSE STATEMENT SUBJECTS ANY LICENSE ISSUED HEREIN TO REVOCATION . ALL ANIWElll lllUIT BE PRINTED IN INK 011 TYPEWlllTIEN 1. Name 01 App licant (•) ---=T-=h-"e=---=S'-"o'-'u=-t=h"'l'"'a"'n=d'--'C"'-o=r_.,p'"'o"'r=a-=t ,_,i=.o=n'---------------------- ----------------------------Bu11 nen Te lephone No -~9~8~8 _-~0~6~3~3'--- 2. Trade Name __ 7_--=E-=l-=e~v~e~n~F"'--=o-=o-=d~S~t=o=r=-=e-=s~1~8~3~1=.-~1 -=3-=2-=l-=2~------------------- 3 Aadreuot piece 10 be licenMd EXACT LOCATION OF PREMISES M UST BE GIVEN Give llreet and n umber. w hete poUlble If p la::e10 be hcenMd i1k>c•ed1n • to w n o r ru r•I d 1atrict where 1t 11 impou1b• to g 1we .. , ... Wld numbef. tM k>t .,o b k>ck number or pan o t aec11on w here k>c•eo m u st be g iV91'1 3501 South Logan, Englewood. Colorado 80110 • Coty or Town Englewood . Co unt y __ _.A~r.._..a..,p..,a.._h...,o .. e~----· Colot- M aihng Addr"' _7~8-=0-=5'-W~·~M~i=· -=s-=s'-'i~s=s-=i,..p .. p=i~.'-La~~k'-'e~w~oo~-=d~. ~C-=oLl~o_r~a_d~o'-___ z ;p Code 8 0 2 26 s Typaof eu11n ... __ C~o~n~v~e=--"n~i~e=.n=c-=e=--~F.:o~o~d~-=Swt~oLr..._,.e'------------------------- 6 Do )'Ou have '9gal poMnak>n o f the prem1 ... tot which th 11 .,pllc•1on tot kc.n• 11 maelll 7 -----"'-"""'-------------- 7 1<re ,.,. promlw o-or ren 100 1 Rented 11 ...,,ao. trom wnom? N. B. and Florence R. Burt (I} Effective date of low 7 / 6 7 (b I E•P"°''o" Dal• of L•-7 I 8 7 8 Under CRS 1973. 12-46-105 (TO B E FILLED IN BY RETAILERS ONLY) (e )(i) The tocal liewtaing authority, baed upon one of the' tollowino clutUicatlons 1P9C1f111d 1n the appllcat1on . tnall rntrict the uM of Mid hcenM to (11 ) Sal" tor con1umpt1on off 1"9 prem1 ... of tM hcen .... or (111) Sain tor conaumption on the prem1 ... of the hcen ... ; Of (Iv ) Se• tor con1ume>t1on bOtf\ on end on the prem11e1 of the Ileen'" (v) The prov111on1 of ttu1 S*eQJ-.>h (e) thall not app ly to any licenM i11ued o r aipplied tor under th lt IW1 1cl• l)fior to the effective dme of th lt p•egr-c:>h , nor to mny ren9*al or rei u u11nce thefeof section 2 Ettrective ame -Th1 1 act shell take effect July 1, 1967. Check o ne ~" 0 0 9 11 epplicent(t) or all offtcet"t of the corpor•tio n c1t11en(1) of the United States of America ? --~Y~e=--------------- 10 11opphcan11rH•-•ott.,.St••o1eo1or-1 Qual i fied to do business in Colorado 11 Will you 1nttall .,,d keep 8t acontp1cuou1 piece on the o utalde of your fftat>litnment 1119n wlttl tetters not ameUer thWt ,.., inchet each . contei n ing tne to nowing words· ""ONLY 3 2'11. BEER SOLD HERE""? (APPLIES ONLY TO RE T AILERS) ---~~e=------------------ 12 . Ate th ... premlHt now llcenNd un der the 9181e Li quor l aw or the 3 2% Beer Act ? ___ .LN,,o~------''to , to w hom It the licenM iuued ? -------------------------------St:•e Li cenM No . ________ _ 13. DO YOU HAVE A COLORADO ST ATE SALES TAX ACCOUNT? YES c}C NO 0 IF YES . GIVE THE AC COUNT NUMBER 21-08 29 2 1•. 11 any panon employed In •lllng or dl-1ing of ....,,_led Malt -·-by any o f I~• -llcant1 in the bu11n ... tor which th l1 -s>P licmk>n w• m*'9 under the 119• o r e4 ghteen yew-1? -------------Y" __ No __x_ • • I • - • • • • • ,-15. HM the applic8nt, or .,Y of the pertnera,or Wlyot the otfic.r1, llockhotder1or director• of Mid 11PPli c.,1 (1t it ia • COfl)Or9:ion)..,... been convicted of • '91ony In the 9lllle of Cok>r.00 or been convicted of a crime ellewttere which would con91itute a felony it IUcl'I crime had -committed in "'"' Ill•• of eo1oro11o? Y• __ No _x __ 18. HM the ~t. or .. Y of the pilftner9, Ot' 1ny ottlcer, dir9d0f or ltockholder of Mid mppliear'lt (it it ii a corpe>falk>n) .,.,: <•l--••-...-... 111iquor1.,.1 Only when needs of neighborhood and*v• _x__,..., __ _ (bl l\ed.,_lk:--licen•au_.c1ec1orrevoked1 for misc. statutory violations v .. _x__,..., __ _ If 1M _,_ ia 1191, -leln flllly (lft.:11 -·•• lhMI , if -.YI *desires of jnhabjtants deemed already met 17 . Doel eny menutecturer or who......, h.,. Wly direct or indirect tin.,clal Int.,.. in the buaineee tor w111c:11.,11~ion1or "->•I• ...-1 --------------------------Y• __ ,...,_X __ 11. Do you -.,Y fi...,.;11 I-di-ly Of Indirectly in eny bull,,_ engeged in the ...,ut.::tu .. 0<--lng of ~led Miii --1 ----------------------Y• __ ,...,_X __ 19. ""'-~ di-ly °' lndi...:tly enyfinenciel -atence,equi-1, fia1u-. ch-•· Clec<>ratlona.Of fum1.,,inea.-1n IM-- ing, h.,,dling . ..-vtng or di1P9"eing of lood or Fermented M8lt Bevermgea within the premi-or .,Y ltructUf'al m_... In the buikling, •JIC9PI ell1erio< llgna, from eny .... u1oe1u.., °' --of -eel Mall --1 Y• __ ,..., _X __ 20. tve you In-eel In eny benking , loenlng °' finencong compeny1 Y• __ ,...,_X __ 21 . If the -llcent ia en -.,_(•I. (bl (•1-----~~------------City O..ofllirttl If --of the bulln-11 nol "'9 ~lcenl en-(bl (bl ---City O..ofllirttl 22. If the -licent 11 • •• ...,_...,en-"(•). (bl . (cl <•I ---C ity Date of llirttl --Ctty Date of llirlh (cl -010 MIO pertnwlhip commence Going bull,,_ eno aut>m lt 1 copy of 1*1-ip 1111-11 ___ (Eacept hulbeno .. o wife pertnwlhlp .I 23. If the -llcant II e --_,_ (e), (b), (C), (0), (el . end (fl. <•I 0Jo.,i..Ouno."'9 1..,.0 ft11elll••of, __ ~T~e~x~a~s~---· o.. November 21, 1961 (b)Pnncipelbual-i1conoucte<1at Dallas ,Countyof Dallas ,!llateof ___ T_e_x_a_s ___ _ (cl Doi• of filing laat ennuel c0<pc>r• report to the Sec:re1-r of St•• ---'A=p:..:r=-=i-=l=--.=2c.;:5:;...,.._.ocl'-'9=--7.oc9 ______________ _ (di -Home AOO-City Jere w. Thompson --· 4217 Armstrong, Dallas, Tx J. S. Hardin Exe'c/vice-l'real-t 5310 Tanbark, Dallas Tx -R~.~G~.~S~m=i"°"'t~h------=s=-e-c/ Tr•-rer 1204 Cheyenne Pl, Richardson' 10/11/15 Tx 3/3/23 ........, ------------------~ Tami r. Wii:u;low Men-81 5 Newcomb St , Lakewood, Co --24-/_.1 .. 2-/_.6..,Du.- t•J Ult ell 1tockholder9 owning or controlling the C9Pital Stock of tM Corpor•ion . (Include ectual owner or piedglre). U. _. .. .,__if needed. -tof O..ofllirtll -Home Street No . end City !llock Owned -· 0.,. Y- Cede & co., P.O. Box 20, Bowling Green Station New York New York (f ) Li st all director• ot the corporation. UH MParate lheet it nMOeO IWn• Home SCrMt No . and City See Attached loi st 24. When 0 10 you purch-or aterl ope<at lng th ll bullneM1 Oat• ___ 7!L~6~7!.-------------------------llpurchMecl .fn>mwllOfn1 _______________________________________ _ 25. GlvelM n-of--llbte ch•ecter-.n<M""° cen .auch <or yourquellflc•lon1 enO-rebillty ••llcenMOoperator , alloW!ng "'9numberof _. • you h ... known_,,, Dj ck Wolf -Dennis Luxa - P.O. Box38275 Add- 2625 S. Santa Robert Coppinger --17841 E --.... Denver. Colorado City St•• Fe, Denver, Colorado City 111• Iowa Aye Aurora, Colorado City Ill• • 5 mos No . of v ... Known 5 mos, No . of v ... Known 5 mos No. of v ... Known I • - • • • • .. • 26. l ist beMlw your bu9ineu or emptoyment record tor the past five ye ... Firm N.me Addr... Your PoS&tton Oete Employed lmmedi•• Superwieor Southland Corporation. 633 s. Federal. Store Manager 5/79 to pre sent White Spot. Speer & Colfax. Cashier 77 and 78 (Harold Rife) School previously IF THE APPLICANT IS A -ACT\MEll Oii WlfOLISAl.P, ANSWER QUESTIONS 27 THROUGH 32 . 27 St•• since wh• ci.te 11PPllcant ha occupt.d premi .. to be lk:eneed --------------------------- 28 . St•• whether l!PPltc.nt owna , .._or OJ* ... Wly wwehouee or •orege pl.,t in connectton with it1 buain ... -------------- It to , st81:e full d919ils reg•ding..,... ------------------------------------- 29 Does .,Y of the mpplicant1 , or eny of the p.tner1. or 81\Y officer, d irector or ltockholder of Mid 11PPlicant , it it i1 • corporlllion . hwe eny direct or indirect fina"K:ial in..,_ in the bulineu of •Hing mett. vinou1 or 9Piritou1 liquor 81 retail7 Yn __ No --- 30. Don any penon or comp.,,y in .,Y way interelted in any other winery, brewery or d lltil""Y. or 1ny ret:eil liquor eatablillhment . own , either directly or Indirectly, in whote or i n pwt, the bui kSing or Pf9ml .. to be occupied by the bu .. neu or .,,Y fixture tor which thia -s>Plic•ton tor licenM i1 mede? Y• __ No __ _ 31 . Does any owner, part owner, llh~tow or pereon in any way internted in Wly other winery , brewery, diatiflefy , or retail liquor•mtillh· ment , hwe wiy d irect or indirect tinWtelal lnternt in the buain ... tor which thi1 9PPlic•ion tor licer'IN i• m.cte7 It eo . g iw p.-ticul .. Vn __ No __ _ 32 . USE LAST PAGE TO EXPLAIN ANSWERS GIVEN TO QUESTIONS 29 , JO or 31 , ABOVE . (The following affidavit to be aigned Md acknowledged by Individuals and aach ,,_,ber of partnaf9hlpa and by Corporation .) STATE OF COLORADO County of ___ __.D'-'e=n,_,v,_,e=r ____________ ) u . D J Porter and ---------------------------------· baing by me first duly awom , II tor hi..,..ff, dapoeaa and aaya ; that ha la Iha mppllcMI above n...ad; or Corpor8llon ......... The Southland REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (MANUFACTURERS . WHOLESALERS . IMPORTERS ANO RAILROADS DISREGARD THIS SECTION) The original application hu been examined end tha premlaaa. buaineu conducted end character of Iha applicant ia Ulialactory, Md -dO repof1 lhat su ch licensa . ii granted, will meet Iha reuonable requlremanta of Iha naighborlloOd and Iha dealrea of Iha Inhabitants, and compliff with Iha prov isions of Title 12. M iele .S, CRS 1973 . THEREFORE TH IS APPLICATION IS HEREBY APPROVED . DATED AT _____________ THI$ _____ DAY OF ----------A.O. 111 ------- (NAME OF TOWN , CITY OR COUNTY>------------------------------------ BY : (MAYOR OR CHAIRMAN OF BOARD Of COUNTY COMMISSIONERS OR OTHER TITLE Of LICENSING AUTHOAITY.I ATTEST : (CLERK OR SECRETARY OR OTHER OFFICER HAVING THE OFFICIAL SEAL Of TI1E LICENSING AUTHOAITY.) (11 lhe preml989 are located within a town or city , Iha above approval should ba aignad by Iha mayor and clerk ; if in a county. than bytha chairman of the board of county commiuionars end the clerk to Iha board. II , by ordinance or otharwiM, Iha local licanaing authority la eoma othar official . than such approval llhould ba given by such official.) USE THIS SPACE FOR ADDITIONAL COMMENTS • • I • - - • • • 2 c~ C 0 U N C I L C 0 M M U N I C A T I 0 N DATE SUBJE'CT 3.2 Beer Application March 24. 1980 AGENDA ITEM Visitors 7-11 Store 3900 S. Broadway INITIATED BY City Clerk ACTION PROPOSED Receive apol 1cat1on $et Public Hearing • i::c:+...loo11sh na1ahborhood for natitionina Background The 7-11 Store at 3900 S. Broadway has applied for a 3.2 Beer license (consumption off the premises). There are currently five 7-11 Store in Englewood. three of which have 3.2 Beer licenses. Conclusion City Council should receive the application and establish a neighborhood for petitioning. I . - • • ...,, 11, -.uw \I tQ 1', • • • • STATE OF COLORADO DEPARTMENT OF REVENUE APPLICATION FOR 3.2% FERMENTED MALT BEVERAGE LICENSES (RETAILERS, WHOLESALERS OR MANUFACTURERS) THIS APPLICATION MUST BE FILED WITH THE COLORADO DEPARTMENT OF REVENUE , TELEPHONE (303) 892-3741 . STATE CAPITOL ANNEX BUILDING, 1375 SHERMAN STREET. DENVER . COLORADO 80203. NO LICENSE WILL BE GRANTED UNTIL THE APPLICATION HAS BEEN APPROVED BY THE LOCAL LICENSING AUTHORITY. IMPORTANT : CHECK THE APPROPRIATE BOX FOR THE TYPE OF LICENSE(S) BEING APPLIED FOR. THIS IS AN ORIGINAL APPLICATION AND A COPY MUST BE KEPT IN YOUR FILES FOR REFERENCE WHEN APPLYING FOR RENEWAL LICENSES . lX RETAIL 3.2% BEVERAGE LICENSE FEE S 25 .00 0 WHOLESALE 3.2% BEER LICENSE* FEE $100 .00 0 MANUFACTURER 'S 3.2% BEER LICENSE* FEE $100.00 •MAY REQUIRE BONO THE UNDERSIGNED HEREBY MAKES APPLICATION FOR A STATE LICENSE AS INDICATED ABOVE, UNDER THE PROVISIONS OF TITLE 12, ARTICLE 46, CRS 1973, AND FOR THAT PURPOSE MAKES THE FOLLOWING ANSWERS TO THE QUESTIONS CON- TAINED IN THIS APPLICATION . EVERY APPLICABLE QUESTION MUST BE ANSWERED . ANY FALSE ANSWER OR STATEMENT MADE BY THE APPLICANT CONSTITUTES PERJURY ANO THE PERSON MAKING SUCH FALSE STATEMENT SUBJECTS ANY LICENSE ISSUED HEREIN TO REVOCATION. ALL ANIWERI MUST BE PRINTED IN INK OR TYPEWRITTEN 1 -o111pp1ocont (s) -~T~h=e~=S~o~u=t=h=l~a=n~d~~C=o=r,,_.,po=r~a=t~i~o~n~--------------------- ----------------------------Business Telephone No _ _..,9""8"'8"'--=0u6,._3.....,.3'---- 2 Tr-rume ___ 7_-~E=l~e~v~e=n~=F~o~o~d~S=t=o=r~e~s~~l=8~3=1_-~1~3~2~0~6~----------------- 3 Address ol place to be licenMd: EXACT LOCATION OF PREMISES MUST BE GIVEN Give S1reet and number. whefe pou.ble It piece to be ltcen..O 11 k>c81ed 1n a town or rural d11trict wnere it 11 1mpoaaible 10 give street and numbef. the lot .,..d bk>ck numbef or part ot section where k>c•ecl mutt be g iven 3900 South Broadwav , Englewood. Colorado 80110 • C•1y or Town Englewood . County Arapahoe . Cok>r.00 Maohn g Addrna 7805 W. Mississippi. Lakewood. Colorado z;pCo<le 80226 s Typeot Bu~""'--C=o~n~v~e=n~i~e=n~c~e~F~o~o~d~S~t~o~r~e~------------------------- 6 Oo you hmve '9gal ~ ot the prem1 ... tor wruch th is mppl 1cat1on tor hcenM 11 made? --~~~-------------- 7 Are the prem1w owned 0t rwited? Owned It rented . trom whom '? _____________________ _ (a) E11ec10 .. dole of -N/A (b) E•poraUon Dale of Lease N/A 8. Unoer CRS 1973. 12"6-105 (TO BE FILLED IN BY RETAILERS ONLY ) (•)(i) The k>cal licensing authority, based upon one of the following classifications specified in the mpp licmt ion , shall restrict the uM of said licen1e to · (11) Sales tor consumption off the prem11e1 of the licensee ; or (111) s.-. for consumption on the premises of the hcenaee ; or (•Y) Saa. tor consumption bOtn on and oft the premises of the licensee (v ) TM provisions of tnia pwegraph (e) shall not apply to any license iuued or mpphed tor under this wt1cte prior to the effective d•e of th is paragrmph , nor to any r9M'Wal or relauance theteot. Check one Klx 0 0 Sect.on 2 Ettechve dMe -Th is ect shall take effect July 1. 1967 9 '11 applicent(•I or all officers of the corpor•ion citi zen~) ot the United States or Ameoca'> -~--Y_e_s_~-~~-~~-------- 10 isapp1ocant1reso-.oftt>eSlll•ofColorodo ' uualified to do business in Colorado 11 . Wi ll you lnltall and keep It acontptcuout pl.::e on the outaide ot your •t.t>lilhment a ~9n with tetters not &mal* than ten Inches eech . containing the tolk>w1ng wo•dl "ONLY 3.2% BEER SOLD HEllE"? (APPLIES ONLY TO RETAILERS) ___ Y_e_S~------------------ 12 Ne th ... premiMI now li<*'IMd under the 91•• Liquor Lew or the 3.2% e.r Act? __ N_o ________ It IO , to whom is the hcenM 1uued? -------------------------------Stlle License No . ________ _ 13 DO YOU HAVE A COLORADO STATE SALES TAX ACCOUNT? YES l){ NO 0 IF YES , GIVE THE ACCOUNT NUMBER _ _.2 .... 1~-=o'-'"a .... 2 ... 9~2'----- 14. 11 Wty penon empk>yed In Mlling or ditper'ltlng of Fermented Malt BeYereges by W1y ot the mpplicents in the buelneu tor which thl1111>pllc .. ion •• m.O. under the ege of eighteen yeara? -------------Y" __ No __x__ • • I • - • • • • • 15. Hu the -sit>licent . or .,Y of the ~nera , or .,Y or the officers, •ockholder• or directors of Mid mpplicant (if 11 la a corpor•ion) 9\191" beef'! convicted of a tek>ny in the St•• of Cok>rlldo or been convicted of a crime elMwhere which would conMitute a fek>ny if auch crime had been committed in the SI•• of Color-7 Yeo __ No __ X_ 1100 ... eru11c1e11••----------------------------------------- 16. HM the applk;sd, Of any of tM partnera, or lf\y officer, d irector or ltockhokler of aaid applicant (it It 11 a corporation) ever: l•l beendenied•-•...-11>i11iquor1ow1 Only when needs of neighborhood and* Yeo ~No __ _ lbl hedonolcohotic--11cen .. ..._c1ec1or ...... ked7 for misc. statutory violations y .. ~No __ _ 11 the on1-i1 yeo , -loin Mty ( .. Kh -••.,_,if -VI *desires of inhabitants deemed already met 17 . Does mty rNnulecturer or who......, h~ 1ny direct or indirect tinW\Cial intereet: in the business lor which lhi1 -'ic•ion tor Ileen• ii m-7 --------------------------Yn __ No _X __ 18. Do you h8119 any finlnci81 Int.,.. dlrectty or indirectly In .,Y businea engaged in the monufectUl9 or wholeuling of Fermented Moll --7 ______________________ Yn __ No _X __ 19. Are you Neeiving directly or indirectly Wty finmnc:lal aailtanc:e . equipment, filltur•. ch1ttel1. decor•iona.or tumithinga uMd in the ltor ~ ing, handling , ..ving or ditipenaing of tood or Fermented Malt &ev.eges w ithin the premil89 or any structural chWtge in the buikjing , except exterior signa, from WIY mW1uf1eturer or who......, of Fermented Mah BeYeregn? Y• __ No _X __ 20. -you i-ed in ony bonking . looning or finoncing co""'°"y7 Y• __ No _X __ 21 If lf>e -'iconl ii on -on-(1), (bl (•) ---------'----------Home-.. C ity Dole of Birth II mon-of the bulin-ii not the -'leant on-(b) (bl -HomeAddrMS Clly Diie ot Birth 22 . If the oppliconl it o 00-....-....... on-·(•). lb). (cl <•I -HomeAddrea C ity Dole of Birth (b) _______________ _ -of Mon---City O..o! Birth tel -did oad .,.,._Ip.,.,..._ doing.,.,.._ ond oubmtt •copy of per1-ip og,_t7 ___ (e.c.pt h,,_ end •ite .,.._,p.) 23. If the oppllcanl it·---(0), (bl, (C), (d). (e), ond (f). t•I OrQon iud under the lllWt of 11>e 91•• 01 Texas . c.. __ _.11NnO..i.V:iu;eamu.bews;iJr"--"'2"'11.4.. • ......ll;.:9z.io6'"1"--------- 11>l Pronc1pol --•1 conducted • Da 11 as . county of __ _.o....,a ... 1...,1..,a,....s._ __ . 91•• of Texas __ _ te l o.. of filing , ... onnuol ---lo 11>e S.Cre,,.ry of 91 .. __ .....cA1,1p,..r....,.i_.l.._,,.2_S...._ ...... 1._9z...1.7..;;9,_ _____________ _ (d ) -Home Add-Clly --'J=-e=r-=e"---'w"",..._T=-h"'o=m""p=s~o~n~---· --· 4217 Armstrong, Dallas, Tx --'J~·~S,_,."-'H"'a,.,r=-d=i.o.:n'-----=E=x=e~/v;ce.--1 5310 Tanbark, Dallas, Tx . __,R~.__,,G,,.,.c......:S~m""1,.,· t=h'-----~So.:e=c/ T,._,., 1204 Cheyenne Pl. Richardson . Dole of Birth 1/18/32 10/11/15 Tx 3/3/23 ........,, _________________ _ Elmo w. Upchurch Monll(l9( 4380 S. Galapago. Englewood Cp 11/3/32 (e) llat ell etockhotderl owning or controlling the c.pital Slock or the Corpor•ion . (Include eciuel owner or ptedgee). U. eep•llle lheet II needed . Pe<con1 of C.. o! Birth -Home SlrMI No . ond Cily Slock Owned Month , Doy , YHr Cede & Co,, P.O. eox 20. Bowling Green Station, New York. New York (f ) List ell dlredor9 or tne corporehon . U. eepsml• ah.-it nMded. -Home Slrwt No . ond Clly See Attached Li&t 20/67% O..of Bil1h Monti>. o.y, Y- 24 -did you purcfl-or •ort oper•ing lhio buol,_7 0.. ---'~RL----------------------- I lf purcfl-. from whorn7 The Germain Investment Co , a50 IA& Ji:X'1l:io IUS1J 1 E>eftve!'1 Ce. 25 GiY9then-oflf>,._liblechoroct.-ceowhoconvouchforyourquoliflcolion1ond_.reblllty••licenoecl-•0<.-ingthen-of~ you h-k-esfl: Neil a,itterfield. 4400 S. Windsrere, I.ittletm Cbloradn --Clly Mark tm-ek. 4975 s. 1<vm fD;1le.rxx3 Cb , a0110 --Ctty w. E. Ellistoo, 4115 S. Washington, Eh;Jlewood, Co., • • 91 .. 91 .. 20 yrs No .ofY ... - 2 ¥f!¥S No .ofY ... -~ years ND . of v ... Known I • - • • ' • • ,. • 26 . List bek>w your bu91nne or emptl)yment rwcoro tor the ~ hw ,..,.. Firm Nmme Addr.- Tbe Southland Q)qpratjm 633 S Your Po9h:ton Ffrleral, Manager Oft~ 6/25/73 lrt'WTWK'liat• Supef'Vi.:>r ~ rb~~re~k~--- IF THE APPl.ICANT IS A -AC~ Oii WMOUSALBI, ANSWER QUEST IONS 27 THROUG!1 32 27 State since wtt• d .. appHc.it h• occupied prem1 .. to be licenMd ----------------------------- 28. St.8'• whethef' 11PPliunt own1 . ..__or oper•• Wty wwehou• or •oreoe pl11rtt 1n connectk>n with it• buSlnees --------------- It so , state full deil:alta F9Q..ciing ume --------------------------------------- 29 . Does any ol the 9PJJllcanta , or any ot the p.nnera. or any officer, director or •ockholder ot Mid mppllc.,t , it it 11 a corporlll:ion . have any direci or indirect fin.-.cial Int.,.. In the buaineu of •Ulng matt . vinou1 or tpirttoua liquor • Ntllil? Yea __ No --- 30. Does any per90n or comp1ny in .,,Y wmy inter ... ed in 1ny othw winery , bntwery or diltlltery , or .,Y retail liquor ... ebli ahment . own . etther d irectly or indirectly, in whole or In pst, the bui lding or premi'" to be occupied by the buain .. or Wly fixture tor which this mppli~ion for li cenM 11 meoe? Yes __ No __ _ 31 Does any owner . pen owner, lhwehotder or P9'9)n in Wty wmy internled in eny otMr winery , brwwety, di•iUery. or retail liquorntebUlh- ment . have any d irect or indirect ttnenclal lnlerell In the buaineea tor which thia applic•Uon tor Ileen• ia made? It 80 . g ive penicul .. Y• __ No __ _ 32 . USE LAST PAGE TO EXPLAIN ANSWERS GIVEN TO QUESTIONS 29 . 30 or 31 . ABOVE . (The following ellldevtt to be aignecl .,d acknowledged by lndivlduata end each ,,_,ber of pertnenilllps and by Corporation.) STATE OF COLORADO County of ----=De=n,_,_,v_,e:.:r=---·-----------} •· D J Porter and ---------------• being by me lirwl ctuly ewom , if lor him9etf , clepo8es enc! seya; that he ia the epplicent 9bove namecl ; or that he i s Assistant secretary ot the -n8m9d corporation ; that he haa reacl 111e lotegoing application and that he (Tll•I knows the contents"--'· 9nd 11\.i mil.......,. .,d thinga thefein aet lorth ere true of hi• own knowledge end he llQIMS to contonn to ell rulea and regulations promulgated by the St• ~ of "-->,. on connection lherewittl . .... ,, ......................... ... Subscri bed end .-to lletDte me ............ , (°'this I REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (MANUFACTURERS. WHOLESALERS, IMPORTERS ANO RAILROADS DISREGARD THIS SECTION) The original application has been e....,,ined and the premiees , buaineas conducted and character ol the applicant is utislactory, and -do report that such license, i t granted, will meet the reuonable requirements of the neighborhood and the desires ol the i nhabitants, and complies with the prov isions of Title 12 , M iele 46 , CRS 1973 . THEREFORE THIS APPLICATION IS HEREBY APPROVED. DATED AT-------------THIS _____ DAY OF----------A.O. 19 ------- (NAME OF TOWN . CITY OR COUNTYI----------------------------------- BY· (MAYOR OR CHAIRMAN OF BOARD OF COUNTY COMMISSIONERS OR OTHER TITLE OF LICENSING AUTHORITY .I ATTEST : (CLERK OR SECRET ARY OR OTHER OFFICER HAVING THE OFFICIAL SEAL OF THE LICENSING AUTHORITY .) (II the prem ises are located within a town or city, the abOve approval llhould be aigned by the mayor and clerk ; ii in a county, then bythe chairm., ol the board of county commlastoners and the clerk to the board. II, by ordinance or otherwiae, the local licenaing authority is tome other offici al , then such approval should be given by auch official.) USE THIS SPACE FOR ADDITIONAL COMMENTS • • I • - - • • • • .. • 2 D ' 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 March 24, 1980 Visitor 3.2 Beer License Application El Rancnerito I ~ INITIATED BY_~ __ c_i_t_y~C_l_er_k~-~-~~~----~-~-~~~-~~ ACT I ON PROPOSED ___ R_e_c_e_i_v_e_A_P_P_l_i_c_a_t_i_o_n_;_S_e_t_P_u_b_l_i_· c_H_e_a_r_i_· n_g_D_a_t_e_; ---- • Establish Neighborhood Boundary for Petitioning Background El Rancherito, 16 E. Girard, is a Mexican Restaurant owned and operated by Nick Avila. Mr. Avila is requesting that he be issued a license to serve 3.2 beer at his restaurant. ~o!!c ~usion City Council should receive the application, set a public hearing date, and e stablish the neighborhood for petitioning purposes • • I • • - • • ~~ 403 (Rev . 3/75) • • • • STATE OF COLORADO DEPARTMENT OF REVENUE APPLICATION FOR 3.2% FERMENTED MALT BEVERAGE LICENSES (RETAILERS. WHOLESALERS OR MANUFACTURERS) THIS APPLICATION MUST BE FILED WITH THE COLORADO DEPARTMENT OF REVENUE . TELEPHONE (303) 892-3741 , STATE CAPITOL ANNEX BUILDING, 1375 SHERMAN STREET, DENVER , COLORADO 80203 . NO LICENSE W I LL BE GRANTED UNTIL THE APPLICATION HAS BEEN APPROVED BY THE LOCAL LICENSING AUTHORITY. IMPORTANT : CHECK THE APPROPRIATE BOX FOR THE TYPE OF LICENSE (S ) BEING APPLIED FOR . THIS IS AN ORIGINAL APPLICATION AND A COPY MUST BE KEPT IN YOUR FILES FOR REFERENCE WHEN APPL YING FOR RENEWAL LICENSES . ct RETAIL 3.2 % BEVERAGE LICENSE FEE S 25.00 0 WHOLESALE 3 .2 % BEER LICENSE• FEE $100.00 0 MANUFACTURER 'S 3.2% BEER LICENSE• FEE $100 .00 •MAY REQUIRE BOND THE UNDERSIGNED HEREBY MAKES APPLICATION FOR A STATE LICENSE AS INDICATED ABOVE . UNDER THE PROVISIONS OF TITLE 12 , ARTICLE 46 , CRS 1973, AND FOR THAT PURPOSE MAKES THE FOLLOWING ANSWERS TO THE QUESTIONS CON - TAINED IN THIS APPLICATION . EVERY APPLICABLE QUESTION MUST BE ANSWERED . ANY FALSE ANSWER OR STATEMENT MADE BY THE APPLICANT CONSTITUTES PERJURY AND THE PERSON MAKING SUCH FALSE STATEMENT SUBJECTS ANY LICENSE ISSUED HEREIN TO REVOCATION . ALL ANSW£11S llUIT IH PlllNTED IN INK OR TYPEWRITTEN 1 . ......., ot "P!>l icontt•l _.E,..l..__.Ra...,n .... c.,b.....,e..,r~i ... ·· ..,L..,Ot......R.....,e,.s._t.....,a.,u..,1.._-.,a._.n.Lt~,-I ... n ...... c ____________ ==--====----- ----------------------------Buaoneu Telephone No .--'7'-8=-=9_-_,5=3-=5-=2=----- 2. Tr-Nome El Raccherito Rei;;taurant, Inc. 3 Acidreu ot piece to be licenllld EXACT LOC ATION OF PREMISES M UST BE G IVEN . G1w street M't d number . where Po..,b '9. If pl.ce lo be hcenllltd is k>c•ed 1n 1 to wn o r rural d 19trict '*'*'9 t1 1• tmposaiibte l o g ive •reet and num ber . the lot and block number or p an of section where k>c •ed m ust be g 1wm l6 iut Cirax:d Avenue • C11yorTown Enilewood, Maohng AOoreul 6 East Girard Av enue 5 Typeot-neu Restaurant . Co un ty Arapahoe , ColoredO Zip eo0e __ _,s ... o ....... 1 ... i ... o,__ __ 6 Do you h...e tegal ~n of the prem1 ... tor •htch this mppltcat1on tor hcente is m8de ? ---'l'-"',,,._--------------- 7 Are tne p....,, .. ow nea or ""''•en Rented 11 ronteo . toom wnom 1 _.s...,.u ... d ...... T ...... b .. o,,.mp-,.i;; .. o-n1--------------- 1a1 Et1ect•.., oate ot le-1 / 15 / 7 7 (b ) E•pnatoon Date ot Low l / l 5 / 7 9 8 Unoer CRS 1973, 12~105 (TO BE FILLED IN BV RET AILERS ONLY ) (e)(1) The toc•I licentmg authority . bued upon one ot the following class1hcmtion& apec1 tted m the apphc.t1on . Shall restrict the use of said license to (1 i} Sales tor consumption off the premises of the licensee . or (111) SaJes tor consumption on the premises of the hcensee;or (1v) Sa• tor consumption bOth on and ott the premises of the licensee (v) The prov1sion1 of th11 p aragraph (e) shall no t apply to any hcense issued or applied tor under this article prior to the effective d•e o f th is paragraph , nor to any renewal or re1ssu.-ice thereof Seciion 2 Ettect1ve date -Th11 act shall take effect July 1, 1967 Check one 0 Ill D 9 °ls apphcant(sl or all officers of the corpor8'1on c111zen (t ) of the United States of America., --'-"'e "'S'----------------- 10. It applicanl a resutent ol lhe S.ae ot Color.oo7 -----~e~s-------------------------- 11 Will you install an el keep 81 a conep1cuou1 p lace on the outside ot your estat>hthment a s.i g n w11n ._,,.,,not smal'9r tnan ten inchee eech . contain ing the toUow1ng words· "ONLY 3 2% BEER SOLD HER E"? !APP LIES ONLY TO RETAILERS t ---'--"'e '-"S'---------------------- ( 12. Are these premiaes no w hcenMd under tne Sl:•e Liquor Law or the 3 2% Beef' Act7n.~O~----------" eo, to whom 1• the l.cenM teaued ? 13 DO VDU HAVE A COLORADO STAT E SALES TAX ACCOUNT? YES 11t NO O IF YES. GIVE THE ACCO;~·N~: No . 1186218 14 Is env pereon empk>yed in Mlling or Cl iepensing of Fermented Malt 8ever8QM by any o f the aipp licW1t1 1n the bu .. neaa for which thia 1PPlic1hon w• m.oe under the age of et gtit..,, ,..,.1 ______________ v .. __ No __x__ • • I • - - • • • • ' J 15. HM the aippl ie9't , or 1nyot the P9f1ner9 , or 1nyof the officers, •ockholdereor dQc:torlof Mid 11PPlicwit (if h is•CCNPOr•ion).,.. been convicted ot a frltkmy in the Siie of CokH'mdo or bMn convicted of a crime _........ which woutd con•hute 1 tek>ny if IUCh crime h.:t been committed in the St•• ot Cok>r8do'? Y• __ ,.. _x __ If IO,••• full deteita ----------------------------------------- HM the lflPPlicwlt . or My of the pertners. or .,Y officer , director or llOC:khokter or Nkl 11PPl1c.,t (1 1 it i• a corpor•ton) .,.-· l•l __ ..,a --this llQUOf 9-? -------------------------"'• __ No_x__ (b) hed 1n ~lie ...,mge licen• SU9C*'lded or f9YOked? Y• __ ,.. __ x_ H,.,. _••yea,...,.." tully (•-_ .. .,_,it-) 17 00. .,,, ~"""or~ hewe .,., direct or 1nd1recl fin8nc1al ,,,..._ in the bu .. ,.. 1or -"''" ~-... -1a ...-1 __________________________ .,. .. __ ,.. __ x_ 11. Do you h.,. eny fiNnciel ,,...... dirwctty or indirectly 1n .,Y busineM .-ioa;eo In nw _uf_Of _i"llOl~led---? ----------------------"'• __ No __ X_ 19. AN you rec:iet\fing duwcttyor tndiNCtly .,y fin.-.clal -....-.ce,equipn*1t , hi!Llf9, ctl.,_.a, decor•ions,ot' fumllhing1 u.d in fhe..,,. 1ng , t\mndkng , 191'VinQ °' d•epenaing ot tood or Fermented Malt Beveraign wffhin the premi .. or 1ny •ruct.urel ch.-tge in the buiklirtg, .. 09Pt ....,IOf etgna. from lf'IY m.,utectuf91" or who-.. of Fermented Mah a.v.regn? Y• __ No __ x_ 20 Ne you ·~ in lf'IY bWlking. lo.,ing or financing co~y ? Y• __ No __ x_ 21 It""' -locant ••., -.,_(a). (b) <•>-----~----------Horne-C~y Dolleotllirttl It "*"-eer ot the~ t9 no1 the aipphcant .,..,. (bl (b) -Horne-c~ Dolle ot Iii"" 22. If ft'911PPltCW1l 1a 8 00.......,....., .-..wer ·(8), (b), (C ) (•) -Home Addreu C ity Dolle ot Iii"" (b) _______________ _ -of Man-Crty (c ) Wt'9n dkl .. d ~IP commence 001ng bu .. ,..... a"ld submit a copy ot pwtnefllh1p aigreement ? ___ (Eaoept l\U9blnd 1rtd witt pwtner.hip.) 23 It""' -•ocam ,, a --.,_ (a). (b), (cl. (d), (•).and (t). l•I o.v.,,_""-""''_.0 tthe91 ... ot Colorado . Dole January 19, 1977 (b) Pr 1nc 1pa1 bu•'"-I• conducted• 16 E Girard . County ot Arapahoe . -of Colorado (Englewood) 1c ) Dole ot h hng ,.., .,nual corpor ... lllPO~ 101ne Secrot...,. ot Sl•e Incorporated l / l 9/ 77---Due in 1979 !d ) -Horne -Crty Dolle ot 11irtt1 Nicanor Avila Jr ""'"'-' 13755 Omega Circle Tittleton 12114/26 Gloria M, Avila v.ce-..00n1 1127 Inca, Denver, Co 80204 11/?/52 Alice M. Lucero r.wu... 1118 Inca, Denver Co 80204 711 7150 5ecr91_.,. -------------------... .,,--------------------- (e ) Liat ell atoctt"'>IOen owning or controlling the Capital Stock ot the Corpor•on . (tncluOe .:tual owner or pledgee). U. ...,., .. .._it needed. -of Dolle of Iii"" Hime Home StrMt No end City 9locil Owned Month , Dey. v • .,. Nicanor Avna Tr --· __ 1375.5 Omega _Circ.le. Littleton lOO'Z. J.2/141.lfJ ---·-----··---------- (f) List all directors of the oorporauon UM MP•ale aneet 1f needed Dolleotlllrttl Nicanor Mla, Jr. so204·Day ·1.j23/55 Gloria M. Avila 11 2 52 Alice L~u~c~e~r~o~-------_!~::..::..~::.::.::.L-=..::.:::..:....::.::....-=...=..=.;;....:.. ______ __,__.:_5_0~ By : Mrold Evans-~W . Hampden 11:Venue, Engle'tmod, Colo~a~J--- • • I • - • • ( • • • L1S1 bek>w your business or empk)yment record tor the pMt hwt ye.-s Firm Nmrne Add,_ Your Po .. tton El Rancherito 16 East Girard Owner Dole Employed June 1973 lmmedl .. Supenri- Sel f-Employed IF THE APPLICANT IS A --ACTUllEll Oii WHOLESALSI, ANSWER QUEST IONS 27 THROUGH 32 27 . St•• since wt'!• C-.1CJPllC9n1 h• occupied prem1M1 to be llceneed ----------------------------- 28 St8le whether ~ owna • .._..or operales any warehou• or 9tofmge plW1t in conn9Ct1on wrtn 1t.1 bu94r-... --------------- If IO, ••e 1ull ..... regarding..,.._--------------------------------------- 29. Does eny of the aopticents, °' Wly of the pmtnera. o r any 0"1cer, dlfector o r 9l0cim0~ ot Utd -.,pltc8"t , if h 11 a corpor•.on . haM .,.,. direct or 1ndtf9Ct tinmnc1 el 1nteire9t in the ~1 neu of M:lhng malt . vinous or epmtous hQUOr • Nt .. I? Y• __ ND __ _ 30. Don eny per90n or ~Yin Wty w111 1nt.-.ct in .,..Yother w inery, bt9wery or d 1•1tlery, or.,.,. retllil l1QUOr .. llbli-""*1t, own , either directly or lndi1'9Ctty . m .no .. or 1n pwt, the bu1kS1ng or prem1_. to oe occupeed by the bu'al"-9 or Wly ti lc1ure tor wtitctl thia ~ forltC*'MtS"'8de 7 Y• __ No __ _ 31 . Does eny o.,,.. p8ft owner , lhwel'\ok»r or per.::m '".,.,.•Ill i mer..eo 1n Styotner" winery, twwwery , Clilliltery , or reilllil liQUOJ .. llblilh- ment , haw .-ayd1rector indirect ftn8nclal lnt--1 in the b u .. nae tor wtuch m11 mppl ic.IMM'\ tor licen• iamllde? "to. giwpMicu._. Y• __ No __ _ 32 USE LAST PAGE TO EXPLAIN ANSWERS GIVEN TO QUESTIONS 29 . lO or 31 . A80llE (The lollowing atlidavil to be signed and acknowledged by individuata and each member of 1>81!--"ipa and by CorporllliOn .) STATE OF COLORADO Countyot Arapahoe }·· :.JO Nicarior A:ui] a Jrbeing by me li1'91 duty swom , ii lor himaeH , depoeea and says; thlll he is the applie.m -..-; or that he is Pre11iderit (Title) ot the above named corporation ; that he has reed the lor9going applicaliOn and that he knows the contents thereof , and thet all matters and things therein aet lofth ere true of hia own knowledge 8nd he .-10 conlorm ID alt rutea and reguletions promulgeted by the Stele Department of Revenue in connection therewith . ..... ,, ....................... ...... Sut>scr ibed and sworn to before me ........... , A'.:ach Seal c:cw,... ......... ._. (COAPORATE SEA.l1 El Rancherito Restaurant. l1•r;. (#lJ_ __ (Corporate -l . 2 . • My Comminion •"Pi-___ .S-~_-_:2~·=3---~_z--______ <:CL£:,..,r,'Nfcj~1fxGa~ Jr . REPORT AND APPROVAL OF LOCAL LICENSING AUTHOlllTY (M-'NUFACTURERS , WHOLESALERS , IMPORTERS ANO RAILROADS OISAEGAAO THIS SECTION) 'The or iginal -licetion has been examined and the premi-. business conducted and ch•acter of the applicant ia alllislactD<y . and -do report that such licenae . 11 granted , will meet the reasonable requi-.ita of the neighbortlood MCI the deai-of the lnh8bitants, and complies with the provisions ot Title 12, Miele 46, CRS 1973. THEREFORE THIS APP LIC ATION IS HEREBY APPROVED . DATED AT ______________ THIS _____ DAY OF -----------A.O. 19 ------- (NAME OF TOWN , CITY OR COUNTYl----------------------------------- BY : (MAYOR OR CHAIRMAN OF BOARD OF COUNTY COMMISSIONERS OR OTHER TITLE OF LICENSING AUTHORITY .I ATTEST : tCLEAK OR SECRET ARY OR OTHER OFFICER HAVING THE OFl'ICIAL SEAL OF THE LICENSING AUTHORITY .) (If the premi-are located within a town or ctty , the abOve approval lhoukl be signed by the mayor and clerk ; if in a county."-by the chaimlan of the board ot county comm 1uioners and the clerk to the bo•d .11 , by ordinance orothelwiae. the local liceMing 8UlhOrily is _,,.olherotlicial , "- such approval should be given by aucn oftic1al.) USE THIS SPACE FOR ADDITIONAL COMMENTS • • • I • - I . • • • • • • BOARD OF ADJ USTME NT AN D APP EAL S CI TY OF ENGLEWOOD , COLORADO FEBRUARY 13, 1980 MINUTES S A, The regular meeting of the Board of Adjustment and Appeals was called to order at 7 :30 P .M. by Virginia Dawson . MEMBERS PRESENT : Board Members Kreiling, Seymour, Leonard, Brown, Pratt Hallagin, Dawson . MEMBERS ABSENT: None. ALSO PRESENT: Clark, Assistant City Attorney Pittman, Chief Building Inspector Christy, Recording Secretary * * * * * * ELECTION : DONALD SEYMOUR MOTIONED THAT HOWARD BROWN BE ELECTED AS CHAIRMAN OF THE BOARD OF ADJUSTMENT AND APPEALS FOR THE YEAR 1980 AND THAT HARVEY PRATT BE ELECTED AS VICE CHAIR-~.AN . Chester Hallagin seconded the motioned . Upon a call of the roll , the vote resulted as follows : AYES : Kreiling , Seymour , Leonard , Brown, Pratt, Hallagin, Dawson NAYS : None . The Board thanked Mr s . Dawson for her year of leadership. Mrs . Dawson turned the meeting over to Chairman Brown . Chairman Brown welcomed Chester Hallagin as the new member to the Board . * * * * * * • , I . - • • • • • - Page 2 ED\1IN MCBRAYER, JR . 4606 SO. PENNSYLVANIA CASE 02-80 REQUEST: The applicant is requesting a variance from the required minimum lot frontage of 50 ft. to a lot frontage of 44 ft. and from the required minimum lot area of 6,000 sq. ft . to a lot are~ of 5,750 sq. ft. for the purpose of erecting a single family dwelling . This is a variance of the Comprehensive Zoning Ordinance , Section 22.4-4 f.(2)(a)-Minimum Lot Frontage and 22.4-4 c .(2)(a)- Minimum Lot Area . Chairman Brown verified that proper posting and legal advertising of this case had been given . The staff report was read and sub- mitted to record. Mr. Edwin McBrayer, owner of 4606 So. Pennsylvania St., was sworn in for testimony. Mr. McBrayer presented and explained a revised plot plan showing the exact placement of his proposed structure on the site, which was marked as Exhibit #1. He also presented three (3) letters of approval from the adjacent neighbors, which were marked as Exhibits #2-4. Mr. McBrayer stated that he had a recent survey which confirmed the site measurements. He explained that the proposed structure would be identical to the houses recently built at 4612-4616 So. Washington Street for which a similar variance was granted. He stated that the tri-level would have four (4) bedrooms and three (3) baths with approximately 1800 sq . ft. of floor area on the three levels. The Board reviewed the floor plans. Mr. McBrayer stated that he planned to start construction immediately if the variance were granted . There being no opposition present. Chairman Brown closed the public hearing. * * * * * * Board Member Seymour motioned that: IN CASE 02-80, 4606 SO. PENNSYLVANIA STREET, THAT A VARIANCE BE GRANTED TO THAT PORTION OF THE PARCEL IDENTIFIED AS THE SOUTH 19 FT. OF LOT 3, ALL OF LOT 4, BLOCK 62, SOUTH BROADWAY HEIGHTS, LATER TO BE ADDRESSED AS 4610 SO . PENNSYLVANIA, FROM THE REQUIRED MINIMUM LOT FRONTAGE OF 50 FT. TO A LOT FRONTAGE OF 44 FT. AND FROM THE REQUIRED MINIMUM LOT AREA OF 6,000 SQ. FT. TO A LOT AREA OF 5,750 SQ . FT. FOR THE PURPOSE OF ERECTING A SINGLE FAMILY DWELLING. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE, SECTIONS 22.4-4 f.(2)(a)-MINIMUM LOT FRONTAGE AND 22.4-4 c.(2)(a)-MINIMUM LOT AREA . Board Member Hallagin seconded the motion . • I • - • • • • • • Page 3 All members cast their votes . The vote re s u lted as fol l ows : AYES : Kreiling , Leonard , Seymour , Dawso n, Pra tt, Ha l lagin, Brown . NAYS : None . Chairman Brown declared the variance GRANTED . The Findings of Fact were called for . FINDINGS OF FACT: Mr. Kreiling stated that the placement of the existing house at 4606 So . Pennsylvainia limits the usefulness of the south side of the property leaving 5 ,750 sq . ft . rather than the 6,000 sq. ft. allowable which he feels is a minimal variation. Mr . Leonard stated that the request generally meets the require- ments of a variance and will be an improvement to the neighborhood . He also stated that the applicant has the approval of the neighbors and the City staff has no position on the variance . Mr . Seymour stated that the applicant has the neighbors' approval and that the request will be good for the neighborhood and the City because the four (4) bedroom house will allow more children for the school system . Mrs. Dawson stated that Englewood needs more single family homes and that it will be a big improvement to the neighborhood. She also stated that the applicant has the neighbor~ approval. Mr. Pratt stated that he found that the variance will do substantial justice to the neighborhood by upgrading it with a new home. He stated that if the applicant were held strictly to the zoning of the district he would be unable to develop the area due to the previous placement of the house at 4606 So. Pennsylvania . He further stated that the variance would in no way affect the general purpose of the ordinance for that zone district and that the request would only be a 4 .3% variance from the required lot size . He also stated that there was no opposition to the variance . Mr . Hallagin stated that he felt the new house would be an improve- ment to the neighborhood and that Englewood needs more homes such as this to help with the schools . Mr. Brown stated that the variance meets the criteria for a variance and therefore the Board is justified in its granting . He stated "tha t he concurs with all of the previously stated findings . * * * * * * * * * * * * • I • • - • • • • • • Pa g e 4 CECIL RICKSTREW 4955 SO. BROADWAY CASE 0 3-80 REQUEST: The applicant is requesting a variance from the maximum width of twenty-five (25) ft . of any entrance driveway measured along its intersection with the property line , to a width of thirty-five (35) ft . This is a variance of the Comprehensive Zoning Ordinance, Section 22.5-4 a .(2)-Driveways. Chairman Brown verified that proper posting and legal advertising of this case had been given . The staff report was read and sub- mitted to record. Mr. Cecil Rickstr , representing the applicant for 4955 So . Broadway, was sworn in for testimony. Mr. Rickstrew presented two (2) letters from the ~djacent property owners stating they had no opposition to the curbcut variance. These were marked as Exhibits f!l-2. Referring to a drawing of the vicinity of Broadway in question, Mr. Rickstrew pointed out the existing twenty-five (25) ft. curbcut on the property. He stated that as requested by the City Engineering Department, the applicant would be willing to tear out the existing curbcut and replace it with curb if they were granted the variance for a new thirty- five ft. curbcut. He stated that the new curbcut would allow easier access off of Broadway into the new Rainbow Car Wash preventing traffic problems. He explained that the traffic would enter the Car Wash from Broadway and would be carried through on a conveyor belt and then exit onto Acoma Street. He also stated that the new curbcut would serve both the new car wash business and the existing used car business on that same parcel . There being no opposition present, Chairman Brown closed the Pub lie Hearing. * * * * * * Board Member Pratt motioned that: IN CASE 03-80 , 4955 SO . BROADWAY, THAT A VARIANCE BE BE GRANTED FROM THE MAXIMUM WIDTH OF 'NENTY-FIVE (25) FT. OF ANY ENTRANCE DRIVEWAY MEASURED ALONG ITS INTER- SECTION WITH THE PROPERTY LINE, TO A WIDTH OF THIRTY- FIVE (35) FT. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE , SECTION 22 .5-4 a .(2)-DRIVEWAYS. THIS VARIANCE IS GRANTED WITH THE CONDITION THAT THE OWNER CONSOLIDATE THE TWO CURBCUTS ON THE PROPERTY . Board Member Seymour seconded the motion . • I • - • • • • • • • Pa g e 5 All members cast their votes. The vote resulted as follows : AYES : Kreiling, Leonard , Seymour , Dawson , Pra tt, Hallagin , Brown . NAYS: None Chairman Brown declared the variance GRANTED . The Findings of Fact were called for . FINDINGS OF FACT: Mr. Kreiling stated that due to the hazard involved in a sharp turn from the property side lane , the extra width of the proposed curbcut will aid in the turning movement . He stated that the applicant had agreed to consolidate the existing driveway with the proposed larger driveway. Mr. Leonard stated that this request generally meets the require- ments for a variance. He stated that the applicant has the approval of the neighbors. Further, he stated that the existing curbcut would be eliminated and the larger driveway would be safer. Mr. Leonard also stated that the City Engineering and Traffic Department had been contacted about the proposal and it was their opinion that if the existing curbcut were removed that the new , larger curbcut would not adversely affect traffic . Mr. Seymour stated that the new curbcut seems to be a safety measure and the applicant has the neighbors' approvals . He also stated that the variance would not do any overall damage to the neighborhood. Mrs.Dawson stated that because Broadway traffic is very hazardous the thirty-five (35) ft . curbcut would be a big improvement and with the traffic exiting onto Acoma Street , it would relieve some of the conjestion on Broadway . Mr . Pratt stated that it was difficult to apply all of the six conditions to this variance request but that in this particular case it would not adversely affect the area because it is in a B-2 zone and the overall factor is public safety . He further stated that by consolidating the existing curbcut into the single thirty-five (35) ft . curbcut, it would make exiting and entering off Broadway easier for t raffic wi t hout causing a tremendous amount of conjestion . Mr . Hallagin stated that the larger curbcut would eliminate a lot of traffic problems and concurs with the other previously stated reasons . Hr . Brown also concurred with the previous reasons but emphasized t he safety factor . * * * * * * * * * * • I • • • • LYON, INC . GENERAL PARTNER OF VISTA LEONE PARTNERSHIP • • • Page 6 4689 SO. MARIPOSA DR . CASE 04-80 REQUEST : The applicant is requesting a variance from the required front yard setback of 25 ft. to a front yard setback of 10 ft . for the purpose of erecting a single family dwelling unit . This is a variance of the Comprehensive Zoning Ordinanc e, Section 22 .4-4 h.(2)(a)-Minimum Front Yard. Chairman Brown verified that proper posting and legal advertising of this case had been given. The staff report was read and sub- mitted to record. Mr. Steve Lyon, owner of the subject property at 4689 So. Mariposa Drive, was sworn in for testimony. Mr. Lyon presented two (Z) letters of approval from the adjacent neighbors as Exhibits #l-2 . He also presented a detailed plot plan showing the proposed place- ment of the new house, Mariposa Drive, and the location of the City Ditch, which was marked as Exhibit #3. Mr . Lyon explained that the City Ditch and the levy of the Englewood Water Reservoir were the high points of his parcel with the bulk of the lot lying down in a hollow between them. He stated that to overcome that hollow, he had several options, both of which were unacceptable . The first, would be to extensively fill the property which would be extremely costly and lead to both an undesirable and extremely costly construction method, which in turn would substantially raise the cost of the house. The second option would be to set the house further back on the lot with a driveway off of the City Ditch shooting down to the lower part of the parcel. He stated that this would affect the marketability of the house considerably because the house would be looking up at the levy of the reservoir on the west and up at the City Ditch on the east. Therefore, he stated that his proposal is to set the house as reasonably close as possible to the City Ditch, thus avoiding the severe grading problems on the site. He stated that by doing this he could still maintain a considerable front yard by including the City Ditch of approximately fifty-five (55) ft. back from the Mariposa Drive curb line. Mr . Lyon stated that the proposed house would have 1,544 sq . ft. of finished area with another 220 sq . ft . of unfinished area to be completed at the owner's option. The house will have three bedrooms and one and one-half baths. Mr . Lyon further stated that he was aware of some opposition in the neighborhood because the view of the moun- tains of the neighbor to the east would be blocked. He explained that this was a buildable site in accordance with the City zoning regulations and that the house would block the view whether it was set close to the City Ditch or if it were set back further on the lot within the required front yard setback. Mr. Lyon then called Mr . Wayne Oakley as a witness. Mr. Wayne Oakley, owner of the adjacent property to the south at 4691 So. Mariposa Drive, was sworn in for testimony. Mr. Oakley explained that he had originally purchased the property while still part of the County . He stated that shortly after he had purchased • I • • - J . ' • • , , • • • • Page 7 the property it was annexed into the City of Englewood. He built his own home on the north end of the parcel and had recently sold the east 55 ft . to Mr . Lyon. He apologized for any ill feelings which might have been caused in the neighborhood but stated that he knew that the parcel would have been developed by someone else if not himself , because it was an attractive and desirable lot . Mr . Oakley stated that now that development had begun he would like to see the houses stay in a relatively straight line as Mr . Lyon is proposing with the requested variance. He stated that he had received a nearly identical variance on his own property due to the same circumstances of the City Ditch loca- tion . Chairman Brown called for those who wished to speak in opposition . Mr. Edward J. Kebba, owner of 4660 So . Mariposa Dr ., was sworn in for testimony in opposition to the variance. Mr . Kebba pre- sented a petition from the area residents who opposed the variance, and his own personal letter of opposition as Opposition's Exhibits #1-2 . Mr. Kebba stated that he lived directly across the street from the proposed house and objected to the variance because the house would block his view of the mountains and the surrounding area. He stated that he opposed the location of the house so close to the City Ditch. He explained that the ditch was used as a hiking area in the spring and summer and also had been declared as a historic site and that they wanted to keep it that way. He also stated that the ducks and geese which flocked in that area were an enjoyment to the whole neighbor- hood and did not want them disturbed. Mr. Kebba stated that he did not object to the house being built because he knew the property was valuable but that he did object to it being located so close to the City Ditch . He further stated that he had been aware of Mr. Oakley's variance and he had no objections because the lot was not wide enough, but that in this case he felt the lot was deep enough to set the house within the required setback . Speaking in rebuttal, Mr. Lyon again emphasized the grading and fill problems which would affect the appearance and marketability of the house. In regards to the historical value of the City Ditch and its use by hikers in the sunmer, ttr . Lyon stated that he did not believe that construction of the house within ten (10) feet of the ditch would have any adverse affects. He again stated that the house would block the view even if it were set back on the site. There was discussion of the drainage of the site. Mr. Kreiling mentioned the petition from the neighborhood. He stated that several of the signatures were from residents who live as much as a block away and who's view would not be blocked by this proposed house alone . There being no others who wished to speak in favor or opposition to the variance, Chairman Brown closed the Public Hearing . * * * * * * * • I • - 0 • • • • • Page 8 Board Member Pratt motioned that : IN CASE 04-80, 4689 SO MARIPOSA DR., LYON, INC. GENERAL PARTNER OF VISTA LEONE PARTNERSHIP , A VARIANCE BE GRANTED FROM THE REQUIRED FRONT YARD SETBACK OF 25 FT . TO A FRONT YARD SETBACK OF 10 FT . FOR THE PURPOSE OF ERECTING A SINGLE FAMILY DWELLING UNIT. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE , SECTION 22 .4-4 h . (2) (a)-MINilruM FRONT YARD. Board Member Hallagin seconded the motion . All members cast their votes. The vote resulted as follows : AYES : Leonard, Dawson, Pratt, Hallagin, Brown. NAYS : Kreiling. ABSTAIN : Seymour. Chairman Brown stated that with five (5) affirmative votes, the variance was GRANTED. The Findings of Fact were called for. FINDINGS OF FACT: Mr . Kreiling stated that he had voted against the variance because the testimony given concerning the cost of alternatives was vauge . He also stated that by modification of the applicant's plan, the dwelling could be built within the tenets of the ordinance . Mr. Leonard stated that by moving the house within ten (10) ft . of the east property line, it would be possible to utilize the driveway over the City Ditch which is part of the front yard. He also stated that the variance would permit the house to be constructed a practical distance from the Englewood reservoir levy on the west. Mr . Leonard stated that by testimony, the neighbors' view of the mountains would be blocked regardless of the location of the house on the lot but to a lesser degree if built two (2) feet below the street level when built as proposed. Mr. Leonard also stated that the applicant had generally met the conditions of a variance and had the approval of the neighbors on both sides . He also stated that the development would be an improvement to the neighborhood and thatthe requested setback was resonable . Mr . Seymour abstained. Mrs. Dawson stated that Englewood has very few vacant lots which can be developed. This particular lot, being an odd shape can not be judged as a ordinary shaped lot. She further stated that the lot was set between the City Ditch and the City Reservoir which caused a problem for development and that if filled up i t would still obstruct the neighbors' view . Mr . Pratt stated that the variance would do justice to the neigh- • I • - • C' • • • • Page 9 borhood as well as the applicant because it would allow develop- ment of a parcel that has sat vacant for nearly thirty (30) years. He stated that the plight of the owner is not created by himself, but rather, by the uniqueness of the property having the City Dity r\lllning in front and the City Reservoir running along the back. Mr . Pratt furth er stated that if the applicant were held strictly within the confines of the zoning ordinance it would create an unsightly condition of houses sitting at varing degrees and could also create drainage problems in the area. Mr. Pratt stated that granting this variance would not essentially alter the characteristics of the district . He stated that there were residents in the area who had signed a petition opposing the var- i ance , but t hat ?tr. Kebb a would be the or.ly one affected b y the variance . He further stated that he understood Mr. Kebba's objection but felt the building with the variance would be much nicer for the neighborhood . Mr. Hallagin stated the neighborhood needs more homes. He stated that the house to the south of the subject property had been built with a similar situation and looked very nice. He stated that the property could not be used without filling the hole. He also stated that he felt the new house would be an improvement to the neighborhood. Mr. Brown stated that this case involves a hardship due to the unique shape and depth of the land. He stated that this variance would fulfil the need of development in that neighborhood. * * * * * * * * * * * VICTOR KLEIN 4055-4057-4059 SO. BANNOCK CASE 05-80 REQUEST : The applicant is appealing the definition of a comnercial structure. This is an appeal of the interpretation of the Chief Building Inspector and the definition of a "Co111111ercial Structure" as defined by the Board of Adjustment and Appeals Case 02-75. This appeal is filed in accordance with the Comprehensive Zoning Ordinance, Section 22 .2-6 , b .(1)-Appeals. Mr. Victor Klein, owner of 4055 ,4057,4059 So . Bannock St. was sworn in for testimony . Mr . Klein stated that he was appealing t he disallowance of non-metallic sheathed wiring and plastic waste and vent piping in his tri-plex unit and that he was not concerned with the definition of a comnercial structure . He stated that the units had been defined as single-family units under the building code and he had been required to build fire walls from basement to roof. He further stated that the City then turned around and defined the tri-plex as a coumercial structure and required him to use rigid conduit wiring and metallic plumbing. He stated that the added expense of this requirement would cost him $12 ,500 which would be a hardship on him at this time . • I • - 0 • ~· • • • • Page 10 Mr . Klein explained that he had already g o ne t o g r eat exp ense to fill in the site and build attractive and ma r ketable unit s . He stated that the units had already been advertised at a set price not including the additional cost. He further explained that if he were to add the additional cost of the required wiring and plumbing to the price of the units, it would put them out of marketability as they were priced at approximately $60,0oo · to appeal to young familieR. Mr. Klein stated that all the other surrounding counties permitted the non-metallic sheathed cable and the plastic piping and that Englewood was the only one that did not. He further stated that he felt the double definition and requirements were unfair . Mr . Pittman stated that in 1953, the City adopted the Englewood Municipal Code and its definitions of public, commercial and multi-family buildings . He stated that the National Electrical Code, at that time, did not give any definitions of structure types. He stated that over the years the definitions and their interpretations changed both in the N.E.C . and as far as building is concerned. He stated that definitions were put into the N.E.C. in 1971 which permitted non-metallic sheathed cable in multi-family buildings provided they were less than three stories in height. He then stated that in 1975, the Board gave a definition of comnercial buildings during a hearing as any structure, including residential use, of a triplex or more . This, he explained is where the difference in interpreta- tion comes into Mr. Klein's case . He further explained that Mr. Klein proposes to the sell the units as single-family residences which the Building Code requires to have fire-rated walls installed between the units. He stated that the Building Code has no application to the N.E .C. which stands by the colDllercial definition . Mr. Pittman told the Board that they must change the definition of a colllllercial building to allow him to use the non-metallic sheathed cable and plastic piping . Mr . Pratt stated that Mr. Klein was appealing the Building Inspector's decision not to permit the use of the non-metallic sheathed cable and plastic piping in his triplex . Mr . Pittman agreed that he was. Mr . Pratt then asked if Mr. Klein was being required to make substantial additional construction measures to prepare the units to be sold as single family residences . Mr . Pittman stated that he was required to install fire rated walls between the units . Mr . Pratt asked if Mr. Klein could use the non-metallic sheathed cable and plastic pipe if he were granted his appeal . Mr . Pittman stated that he could . Mr. Seymour asked if granting this appeal would change the 1975 decision of the Board or would the next triplex owner who wished to sell the units as single-family residences have to appear before the Board with the same appeal . Mr. Leo Clark, Assistant City Attorney stated that he felt the by granting the appeal the Board would be changing an ordinance, which they did not have the legal jurisdiction to do. He explained that only Council has that right. He stated that the only issue before the Board was to consider the definition of a commercial structure . He told the Board they were not bound by the 1975 decision of the Board and that they were free to give their own interpretation . • I • - /· ' .. • • c • • • • Page 11 Mr. Pittman stated that the City Staff was recommending to the City's Code Review Committee and City Council to adopt the 1978 National Electrical Code and the 1979 Uniform Plumbing Code which will allow the use of the non-metallic sheathed cable and plasic piping in these types of units. He stated that this review will begin within the month. Mr . Pratt stated that Mr. Klein's application stated he was appealing Mr . Pittman's decision not ~o permit the use of non- metallic sheathed cable and plastic piping. He stated that he felt this was the real issue here. Mr. Pratt stated that he thought the Board should look only at the appeal which, according to the. Comprehensive Zoning Ordinance, the Board had tne authority to hear . He further stated that he believed that the City had recognized the seriousness of this matter and is taking steps to correct the decrepancies in this issue by review of the Code Review Conmittee and adoption of the new codes. There being no one present to speak in favor or opposition to the appeal request, Chairman Brown closed the Public Hearing. * * * * * * * Board Member Pratt motioned that: IN CASE 05-80, 4055-4057-4059 SO. BANNOCK ST., VICTOR KLEIN, THAT AN APPEAL BE GRANTED FROM THE DECISION OF THE CHIEF BUILDING INSPECTOR TO ALLOW THE APPLICANT TO USE NON-METALLIC SHEATHED CABLE AND PLASTIC PBC OR ABS DRAIN AND WASTE AND VENT PLUMBING. THIS IS AN APPEAL IN ACCORDANCE WITH THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22 .2-6,b.(1)-APPEALS. Board Member Seymour seconded the motion . All members cast their votes. The vote resulted as follows : AYES : Leonard , Seymour , Dawson, Pratt , Hallagin, Brown . NAYS : Kreiling . Chairman Brown stated that with an affirmative vote of six (6) members, the appeal is GRANTED . The Findings of Fact were called for. FINDINGS OF FACT : Mr . Kreiling stated that in answer specifically to Case 05-80 his answer is no . Mr. Leonard stated that he felt there would be a definite hardship if the applicant had to increase the cost of the units as much I • - • • • • • Page 12 as $12,000 total . He stated that the applicant had installed the fire walls to consider the units as individual single family dwellings. He also stated the the City of Englewood is the only one that does not use the same code as the 1978 N.E.C. which has been adopted by the State of Colorado and permits the installa- tion of the non-metallic sheathedcatie in this type of structure provided it does not exceed the three story height. Further, he stated that the 1979 Uniform Plumbing Code permits the use of · the plastic waste and vent pipe in this type of structure provided it does no exceed two stories in height . Mr. Leonard stated that the City is proposing the adoption of these codes by City Council through the Code Review Comnittee and therefore he voted in favor of the appeal. Mr. Seymour stated that there seems to be a hardship due to the unusual state of the Englewood Codes in relation to the Colorado Code. He further stated that there was no serious opposition from the staff. Mrs. Dawson stated that she voted in favor of the appeal because of the upcoming Code Review which she hopes will clear up some of these problems. She also feels there would be a hardship on the contractor because he has already installed the fire walls and plans to sell the units as single-family dwellings. Mr. Pratt stated that although Mr. Pittman made the right decision based on information available to him, that in fact, because of the recent suggested adoption of the 1978 N.F..C. and the 1979 U.P.C., the applicant's proposed plumbing and wiring will meet these codes. He stated that he feels that it is important to allow the applicant to continue on with this project. Mr. Hallagin stated that because of the way things have gone, he feels the City is making a hardship on the applicant. He stated that Mr. Klein has installed fire walls for single-family use and he no longer considers this a commercial use. Mr. Brown stated that he sees this as a hardship case. He stated that this will not hurt the neighborhood in any way and will help the neighborhood by selling the units as individual homes. * * * * * * * * * ' • ·\ I • - .. • ·'' • • • • Page 13 Board Member Leonard motioned that : THE MINUTES OF THE JANUARY 15, 1980 REGULAR MEETING OF THE BOARD OF ADJUSTMENT AND APPEALS STAND APPROVED AS WRITTEN. Board Member Seymour seconded the motion. Upon a call of the roll, all members voted in the affirmative and Chairman Brown declared the minutes APPROVED. * * * * * * * There being no further business before the Board, Chairman Brown called the February 13, 1980 regular meeting of the Board of Adjustment and Appeals adjourned at 9:45 P.M . * * * * * * * '·et:. ' ek;.ty--vaererlsty Recording Secretary I • - • • • • • • ENGLEWOOD PARKS & RECREATION COMMISSION Minutes of February 14, 1980 The regular monthly meeting of the Englewood Parks & Recreation Commission was called to order by Chairman jack Poole, 7:30 p. m. in the Parks & Recreation Office. Members present: Higday, Allen, Howard, Hewitt, Poole, Richards and Romans, ex officio Members absent: Bradshaw The minutes of the January 10, 1980 meeting were approved as mailed on motion by Allen and seconded by Howard. Councilman Jim Higday was introduced and welcomed as a member of the Parks & Recreation Commission. Mr. Sel Hewitt announced that he has been reappointed to the Commission rep- ie resenting the Englewood School Board. Mr. Hewitt reported that the two city council representatives and two representa- tives from the School Board met last week and selected jack Poole to serve another four year term on the Commission as a member-at-large. Mr. Hewitt asked that letters be written to those who had expressed a desire to serve on the Commission thanking them for their interest and encourage them to continue their i!Xerest in parks and recreation activities . Allen moved, Hewitt seconded, that jack Poole be reappointed as chairman of the Commission and Frances Howard be reappointed as vice chairman. Motion carried. The proposed changes to the Organization and Procedures of the Senior Citizen Advisory Committee were presented for Commission consideration. After discussion, Hewitt moved, Allen seconded, that the changes be approved as amended. The changes now read: IV. b. The officers shall be elected by the committee in January of every • • - I . • - • • • Parks & Recreation Commission Minutes of February 14, 1980 Page -2- • • - third year beginning in January 1981 and shall take offic e immediately . They shall serve a term of three years but may not serve two successive terms. VI. a. At every third annual meeting, the new chairman shall appoint a nominating committee composed of three members who shall serve for the e nsuing three years beginning in January 1981. They shall make nominations to fill vacancies on the advisory committee which may occur during their terms of office and make nominations for officers for the next regular election. Discussion was held concerning the disposition of the money collected by the Centennial-Bicentennial Committee for the Malley Senior Recreation Center that has not been expended. It was the unanimous decision of the Commission members present that a letter be forwarded to Grady Franklin Maples, with copy to other members of the Committee, requesting that this money be turned over to the Com - mission or to the City of Englewood to be used for Malley Center projects. Hewitt moved, Richards seconded, that the Chairman compose such a letter to be forwardeL to Mr. Maples. Motion carried. Director Romans reported that the city had the property east of the Malley Center appraised and the appraisal was considerably lower than what the owner is asking. The area across the street to the south of Malley Center is being considered as the site for another senior citizen apartment complex and there is a possibility that part of this area could be used as parking if the property to the east is not avail- able because of cost. The s taff and Commission feel that the area to the east would be much more desirable. The Parks & Recreation Five Year Capital Improvement Program with staff recommended priorities was discussed. After lengthy discussion, several changes were made and priorities revised. Allen moved, Howard seconded, that the Five Year Capital Improvement Program be approved as amended. Motion carried. (copy attached) • I • - • • Parks & Recreation Commission Minutes of February 14, 1980 Page -3- • • • • Director Romans reviewed lhe Centennial Park development. In 1969, an agreement was made with the Arapahoe County Commissioners which stated that the County would transfer all land to the city after all gravel was depleted or at the end of ten years whichever came first. Therefore, the gravel pits owned by the County adjoining Centennual Park were supposed to have been turned over to the city at the end of 1979. However, Director Romans reported that the County Commissioners have requested that they retain ownership of that portion still being mined for gravel for ten more years or until the gravel is depleted. He said the city could legally request the county to honor the 1969 agreement to transfer the total area to the city. The city could then lease back to the county that area where there is still gravel. All this would take several months of negotiations and could cause strained relations • between the city and the County Commissioners. Since the city will not be ready to develop Tract "C'' for some time, the staff recommended that the 1980 agreement be entered into with the County so that the Quitclaim ~d could be related to federal authorities to complete a contract for federal aid. Tiie Commission agreed with this recommendation as long as the 1980 agreement stipulates that the land definitely be- longs to the city at the end of ten years or when the county work is completed which- e ver comes first. The Commission recommended that the staff contact the Downtown Authority concerning cooperation with the beautification of Englewood and Skerritt Park projects included in the Capital Improvement Program. The immediate needs for the Malley Center were discussed. Director Romans I) distributed a list of needed supplies and items that was compiled by the Malley Center Director. Mr. Hewitt brought up the fa.ct that other groups using the school facilities, such • I - • • • Parks & Recreation Commission Minutes of February 14, 1980 Page -4- • • • as the Recreation Department, Adult Education, etc. were going to have to absorb ~ some of the rising utilicy costs that everyone is facing. The meeting adjourned at 10:45 p. m . • I • I A -Ac qui s iti o n or Purcha se C -Construc tio n PROJ E CT Complete the Rive r Re deve iopm e nt Project Co m munity Ce nte r Acquire additional Pa rk la nd wes t of Cushing Park . ~ Acquire additional park la nd e a s t and north of Cente nnial Pa rk se me nt to r ry autificatfon o esv . PA RK S & REC REA TION F IV E YEA R CA PITAL IMPROV EME NT PROGR AM 1980 1981 C-Construct Driv--lu House ing range-$40, 000 $325,000 C-Trail Bridge-C-Bike & Hike $162,800 Trail $26, 000 C-Pump House C-lWo lighted Shed $6, 100 fields -$286, 500 C-Cart paths , tree C-Drainage, con e tc. $44,100 tingency , land coverage & fencin $64, 000 A -ption o n lan A -cquire lan $10, 000 $150,000 C-&Uding $2,245,000 A-Acquire land I $200,000 A-Option on to Zoning regulations: Adequate landsca~ is required with construction land-$20, 000 1982 jC-Additional Park facilities $123,000 I A -Acquire land $203,000 trail, etc. $1,000,000 Citizens tree assistance pro• gram $15, 000 C-Skerritt Park $60 ,000 1983 C-Develop land (turf, etc) $165,000 A -$150, 000 I 1984 C -$1/S, TI • • • Ja mary 1980 (Re vise d 2/14/80) . available. Application for 503 Federal share cost for ball fields now in application Possible 50}0 matchi ng federal grant Possible SOJO matching federal grant eaeral monies p()ssible tor construction and some maintenance ·o marching tunas I • r • ~ ) - • • • • • • CODE REVIEW COMMITTEE ENGLEWOOD, COLORADO FEBRUARY 14, 1980 MINUTES s c The first meeting of the Code Review Committee for the City of Englewood, Colorado was called to order by Richard S. Wanush, Director of Community Development, at 7 :00 P.M . MDIBERS PRESENT : Co111Dittee Members Smith , Kenny, Chaput, Totton, Allen, Baily, Henderson, Jones, Seymour . MEMBERS ABSENT: COlllDittee Members Prebis , Osbourn, Burget, Berich SPECIAL GUESTS : Council Member John Neal James Keller , Executive Director of the Downtown Development Association OTHERS PRESENT: Director of Conununity Development, Wanush Chief Building Inspector, Pittman Fire Marshal, Cox Secretary, Christy * * * * * * * * Richard Wanush , Director of Conmunity Development welcomed the Committee Members and reviewed the major reasons for the develop- ment of the committee review process . Mr . Wanush then introduced Gary Pittman , Chief Building Inspector and staff coordinator for t he meetings. Gary Pittman, Chief Building Inspector discussed his goals and objectives for the Code Review . He described the agencies who produce and coordinate the Uniform Codes and briefly reviewed the Code Committee packets with the members. Mr . Pittman then introduced Lloyd Cox , Fire Marshal , representing the Fire Department staff . I - - • • • • • -2- Lloyd Cox, Fire Marshal emphasized that the Fire Department works closely with the Building Division and the Building Codes. He explained that the Fire Code was a maintenance code concerned with life safety and the elimination of fire danger . * * * * * * Mr . Wanush then presented the procedures for the comnittee meetings. He explained that staff would be make their recommendations and then the public would have an opportunity to give their comments and recomnendations . He stated that the Comnittee, acting as an independant body would make their review and give their decisions, which staff would record and pass on to Council. The Committee was then asked to choose a Chairman and Vice Chairman to preside over their meetings. Mr. Dick Jones, South Suburban Board of Realtors, was nominated as Chairman by James A. Totton. ?fr. Ray Smith seconded the motion . Upon a call of the roll, a unanimous vote resulted and Mr. Dick Jones was elected as Chairman. Mr. Dick Jones, Chairman of the Code Review Collllllittee accepted the position and nominated Mr. Ross Henderson, Home Builders Association, as Vice Chairman. Mr. George Baily seconded the motion. Upon a call of the roll, an unanimous vote resulted and Mr. Ross Henderson was elected Vice Chairman. Mr. Ross Henderson accepted the position. * * * * * * The Code Review Committee discussed the forthcoming meetings and set the following tentative Code Review agenda and schedule: February 28, 1980 Review of 1979 Uniform Building Code March 6, 1980 Review of 1979 Uniform Fire Code March 13 , 1980 Review of 1978 National Electric March 20, 1980 Review of 1979 Uniform Plumbing and Mechanical Codes March 27, 1980 Review of 1979 Dangerous Building Code and 1966 Englewood Minimum Housing Code April 3, 1980 Final Review April 10, 1980 Final Report to Council These meetings will be held Thursday evenings, beginning at 7:00 P.M. in the Library Conference Room. The meetings will • Code I • • - • • • • • -3- be open to the public and the City staff will advertise and coordinate the meetings. The recommended revisions, deletions and amendments will be made available to the public prior to the scheduled meetings. * * * * * * There being no further business before the Code Review Committee, Chairman Dick Jones adjourned the February 14, 1980 meeting at 8:15 P.M. Recording Secretary • I • - • • • • • • CODE REVIEW COMMITTEE ENGLEWOOD , COLORADO FEBRUARY 28, 198 0 MINUTES 5 c The second meeting of the Code Review Committee for the City of Englewood, Colorado was called to order at 7:00 P.M . by Mr. Dick Jones, Chairman . MEMBERS PRESENT : Committee Members Prebis, Smith, Kenny , Chaput, Osbourn, Totton, Burget, Allen, Berich, Bailey, Henderson, Jones, Seymour. MEMBERS ABSENT : None. ALSO PRESENT: Pittman, Chief Building Inspector Macrander, Building Inspector Cox, Fire Marshall Christy, Recording Secretary * * * * * * COMMITTEE MEMBER TOTTON MOTIO:~ED THAT THE MINUTES OF THE FEBRUARY 14, 1980 CODE REVIEW MEETING BE APPROVED AS WRITTEN. Committee Member Seymour seconded the motion . Chairman Jones called for the vote. All members voted in the affirmative and the minutes stand approved as written . * * * * * * _.... -____._ -·-·-·~ • I • - • • • • • Page 2 Chairman Jones welcomed the Committee Members and those present in the audience to the Code Review meeting. Chairman Jone s introduced Gary Pittman, Chief Building Inspector and turned the meeting over to him. Mr. Pittman, Chief Building Inspector introduced the Cormni t tee Members to the audience . He explained the purpose of the Code Review . He also exp laine d the procedure of the review and stated that the Committee would review the City staff 's recommendations and suggestions from the public and then make their recommendations to City Council for consideration of adoption . Chairman Jones presented the schedule of the upcoming Code Review Committee meetings. He stated that this present meeting would be to review the 1979 Uniform Building Code and the recommended revisions. Chairman Jones again turned the meeting over to Mr . Pittman and asked him to present the City staff's recommendations. Mr. Pittman stated that the City's theme is to have as few revisions as possible to accomplish uniformity of the Codes among the municipalities. Mr . Pittman reviewed and explained the proposed revisions which were provided in printed packets to the Committee Members and members of the audience . There were questions and discussion by the members of the Committee and audience. Of major concern was the subject of time restrictions for Appeals before the Board of Adjustment and Appeals . It was the general opinion that the waitine period before an Appeal could be presented to the Board of Adjustment and Appeals could be as long as thirty to sixty days which created costly problems for the contractor by preventing him from completing his contract with his customers. Requesting interpretations from I.C .B.O . and streamlining of administrative decisions were suggested alternatives for receiving immediate solutions to differences of interpretations rather than the lengthy process of appeals before the Board of Adjustment and Appeals. Chairman Jones called for a vote of the Committee Members to consider the time problem of Appeals before the Board of Adjustment and Appeals. A majority vote of members resulted and the Board agreed to reconsider this matter at their final review before presenting their recommendations to Council. Mr. Pittman continued his review. Another subject of discussion was the proposed deletion of the Section 5108 of the U.B.C. concerning certificates of inspections for elevators and dumb- waiters. Mr . Pi ttman explained that the City d i d not offer these inspections due to insuffic ient staff but that these inspections are provided by the State. From discussion it was determined that generally i t is the responsibility of the owner to make sure the building's elevators, escalators or dumbwaiters are safe and have the necessary inspections . • I • • - • • • • • • Page 3 Chairman Jones called a ten minute recess at 8 :50 P .M. The meeting was called back to order at 9 :00 P.M. All Members were present . * * * * * * Mr. Pittman completed his presentation of recommendations with an explanation of the adoption of the State Energy Efficiency Code . There was discussion of the insulation terminology and requirements of this code . Committee Member Wally Prebis , representing the Colorado Prestress Association presented his recommendation for consideration by the Committee . Mr. Prebis suggested that an error had been made in the formula of design loads as printed on Page 123, Section 2306 of the U.B .C . He stated that this error is creating problems for structural material suppliers and he has taken steps to correct the overlooked error by filing a challenge of the formula with I .C.B.O. Mr . Prebis stated that from his research he had found that the printed formula of R=r(A-150) was in error and should read R=r A which would allow reduction of the live load on any design. Mr . Prebis asked the Code Review Committee to consider recommendation of the R=r A formula into the Code, which is used by both Denver and Colorado Springs, until the correction can be made nationally in the Uniform Building Code . Mr . Pittman stated that he had discussed this matter with Mr. Prebis prior to this meeting and stated that he would contact I.C.B.O . for their comments and report back to the Committee for further consideration. Committee Member Ross Henderson, representing the Home Builders Association presented his recommendations. He stated that in Section 2514, Paragraph (a) a new paragraph had been added to read : "Diaphragm sheathing nails or other approved sheathing connectors shall be driven flush but shall not fracture the surface of the sheathing ." Mr . Henderson stated that the Home Builders Association recommends that the sentence should b e reworded to read : .... "recommended to be driven flush ..... ". The other acception that the Home Builders Association suggests is in Section 2907 (e). Foundation Plates or Sills. He stated that there should be alternatives to these requirements for residential use. Mr. Pittman explained that there were alter- natives of anchoring methods to anchor bolts which are accepted by I.C .B.O . such as the ram set procedure . Connnittee Member Kenny expressed his concerns for the deletion of the section concerning t he requirement of making the structure conform to the requirements for new construction if the additions alterations and repairs exceed fifty percent of the value of the existing building . Mr . Pittman discussed this and explained t he 1979 Code provisions . • I • - - • • • • • • Page 4 Members of the audience present who gave their opinions, recom- mendations , and support were : Edwin McBrayer , Jr . -N.C . I. Construction Co. Steve Cornet t -Englewood Contractor Grant Williams -Englewood Contractor Gary Heithman -Englewood Contractor Wesley Black -Metro Insulation Co . Chairman Jones thanked the members of the audience for their input and explained that the CoTIDDittee would take these recoD1Dendations into consideration . * * * * * * There being no further business befor the Code Review Co111111ittee, Chairman Jones adjourned the meeting at 9 :50 P.M. * * * * * * t:t'MAf. Cluo~ aerersty Recording Secretary • I • - - • • • • • CODE REVIEW COMMITTEE ENGLEWOOD, COLORADO MARCH 6, 1980 The third meeting of the Code Review Committee for the City of Englewood, Colorado was called to order at 7:00 P.M. by Mr. Dick Jones, Chairman. MEMBERS PRESENT: 5 c ~ Committee Members Prebis, Smith, Kenny, Chaput, Osborne, Totton, Burget, Berich, Bailey, Henderson, Jones, Seymour. MEMBERS ABSENT: Committee Member Allen. ALSO PRESENT: Cox, Fire Marshal Pittman, Chief Building Inspector Uanush, Director of Community Development Christy, Recording Secretary * * * * * * THE MOTIO:~ WAS MADE AND SECONDED THAT THE MINt'TES OF THE FEBRUARY 28, 1980 CODE REVIEW MEETING BE APPROVED AS WRITTEN. Chairman Jones called for the vote. All members voted in the affirmative and the minutes stand approved as written . * * * * * * I . • - • • • • • • Page 2 Chairman Jones welcomed the Commit t ee Members and tho se p resen t in the audience to the Code Review mee t ing. Chairman Jone s explained the purpose of the Code Review. He asked Mr . Lloyd Cox, Fire Marshal to make his presen t a t ion o f recommend a t ions on the Fire Code. Mr . Cox presen t ed a slide present a tion the pur po s e of whic h was to show the need for fire detection and alarm systems to be installed and designed to warn occupants in Group R, Division 1 type occupancies . After the slide presentation , Fire Marshal Cox reviewed and explained the Fire Department's proposed revisions of the 1979 Uniform Fire Code which were provided in printed packets to the CoIIlllittee Members and members of the audience. Mr. Cox explained that the recommended changes to the 1979 U.F.C. were the same adopted revisions to the Fire Prevention Code as designated in the Englewood Municipal Code, with only a few minor amendments. Fire Marshal Cox explained that the only changes proposed were in Section 2-3-4 (a)g.5: "Every new or existing apartment house three stories or more in height AND containing more than 15 apartments ....... " This sentence shall be amended to read : "Every new or existing apartment house three stories or more in height OR containing more than 15 apartments ....... " Section 2.3-4 (a) g.6 : "Central Stations : (a) Where required as specified in Uniform Fire Code, 1979 edition , and all E & I Occupancies." The following shall be added: " ..... and all E & I Occupancies , ALSO GROUP R , DIVISION l ." There were questions and discussion by the members of th e Committee and audience . Major s ubjec t s of c o n c e r n we re t he requirements of Fire Alarm and Fire Detec tion Sy s t ems in new and existing residential and commercial buildings . There was discussion of installation costs and t he importance of maintenance to maintain s y st em sensitivity . Battery powered back up systems for residential systems and supervised systems in commercial structures were s uggested maintenance precautions. Mr . Thuelkel , construction manage r for Swed i sh Medical Center , suggested that there should be de f ined sens itivity specifications f or fire detect i on systems u hic h would h elp i n t he installation of t he units. Another major subjec t of discuss ion was the e x c e ption of day nur series and Group E . Occupanci es when the occupant load I • - • • • • • Page 3 does not exceed twenty (20) persons and the building is not more than one (1) story in height and is constructed of at least one-hour fire-resistive materials throughout. Cormnittee Members Osborne and Kenny questioned this exception and discussed the difference between this occupant load restriction and the occupant load restriction of no t exceeding fifty (50) persons as set forth in the Uniform Building Code. Mr. Brian Partridge, a roofing contractor representing United Materials, Inc . questioned the one-hour fire rating requirement in day care centers and explained the effects on roofing construction methods. Fire Marshal Cox expressed the importance of automatic detection systems which are tied into central systems which will provide better notification which in turn helps improve the Fire Depart- ment~ response time. He stated that the Fire Department wants to see the detection systems in the individual units rather than just in the corridors. He further stated that the Fire Depart- ment was proposing an eighteen month period for conformance of existing structures to these detection system requirements. The Committee members and staff discussed this proposal and the possible financial burdens which would be imposed on owners of such existing structures and the possible legal problems . Committee Member Osborne questioned the requirements for fire hydrants and suggested that specific requirements · for determining hydrant locations and distances from structures be provided with interpretations made by I.C.B.0. Committee Member Chaput stated that the Denver Water Board has statistics available which might be useful in determination. Committee Member Chaput questioned the difference in definitions of Fire Detection and Fire Sprinkling in relationship to Section 3802 (d) of the Uniform Building Code . * * * * * * It was moved and seconded that questions for consideration by the Committee be researched by the City staff and reviewed at the beginning of the next regular meeting of the Code Review Committee. Chairman Jones called for the vote . All members voted in the affirmative and the motion carried. Questions for discussion and review at the following meeting will be : l. Definition of Fire Alarm System, Fire Detection System and Fire Sprinkling and their differences . 2 . The application and enforcement of the Fire Code requirements of detection systems in existing buildings. 3 . The exception of day care centers with occupant loads of less than twenty (20) persons and the difference of occupant load requirments between the U.F.C . and the U.B.C. I • - • • • • • Page 4 4. Differences in fire detection and protec t ion for one-s tor y structures and multi-storied stuctures . 5. Power and maintenance specifications for fire detection and alarm systems . * * * * * * Members of the audience present who gave their opinions, recommen-dations and support were: Leon Thuelkel, Swedish Medical Center Mr. Knight, Drywall Constructors Association Brian Partridge, United Materials, Inc . * * * * * * Chairman Jones summarized by stating the review of questions at the beginning of the next meeting would help the Committee make their decisions more effectively . There being no further business before the Code Review Committee , Chairman Jones adjourned the meeting a 8 :30 P.M. * * * * * * {1 _/~u_ ~ t;;._ ri.s ty (/ Secretary • I . 0 • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION FEBRUARY 20, 1980 I. CALL TO ORDER. 5 DI The regular meeting of the City Planning and Zoning co .. iaaion was called to order at 7:05 P. M. by Chairman Judith Pierson . Members present: Pierson, Tanguma, Williams, Becker, Barbre, Carson, Draper, McBrayer Wanush, Ex-officio Members absent: Smith Also present: Assistant Director D. A. Roaans Associate Planner Alice Fessenden Chairman Pierson welcomed Mr. Doyet Barbre and Mr. Edwin McBrayer to the Commission. II. APPROVAL OF MINUTES. Chairman Pierson stated that the Minutes of February 5, 1980, were to be considered for approval. Williams aoved: Carson seconded: The Minutes of February 5, 1980, be approved as written. AYES: Pierson, Tanguma, Williams, Becker, Carson, Draper NAYS: None ABSTAIN: McBrayer, Barbre ABSENT: Smith The motion carried. III. INTERPRETATION OF ORDINANCE Use Not Mentioned in B-2 CASE #5-80 Mrs. Pierson stated that the request before the Planning Coa- aission is concerned with an interpretation of the Coaprehen- sive Zoning Ordinance for a Use Not Mentioned in the B-2 Zone District . Mrs . Pierson stated that as a rule, the Planning Commission acts in an advisory capacity and aakes recoaaenda- tions to the City Council for iapleaentation. Mrs. Pierson stated that the Planning Co .. ission does, however, aake the final decision on some matters, such as a request for an in- terpretation of the ordinance for a Use Not Mentioned. If the applicant is not satisfied with the Planning Coaaission•s determination, their appeal process is to the Board of Adjust- ment and Appeals. Mr . Smith entered and took his place with the Coaaisaion • • I • • • • -2- Mr •. Pierson then asked f or the staff report . Mr•. Roaana s tated that under the Comprehensive Zoning Ordinance, tbe B-1 , Business Zone District has 106 listed Principal Per- aitted Uses . In the B-2, Business Zone District, there are an additional 14 uses listed which are Permitted Uses, and a state- .. at wbicb alllO peraits any use permitted in the B-1 zone Dis- trict . In both tbe B-1 and B-2 zone Districts, the Commission i• given tbe authority to approve "any similar lawful use" which the Coaaission finds to be compatible. Requests for u•e• tbat have not been listed as permitted uses are submitted to tbe •taff, which in turn brings these requests to the Planning Comai•sion for their interpretation and determination. Mrs . Rollans stated that Mr. Bill Forington owns property on West Evans Avenue in the B-2 zone District. The B-2 District runs froa Evans Avenue to the centerline of the West Adriatic Avenue/West Evans Avenue alley, and the area to the south of the centerline of the alley is zoned R-2-C, Medium Density Residence. The subject parcel was indicated on a map of the i .. ediate area by Miss Fessenden. Mr. Forington wants to remove the garage that is existing on the property, and replace it with a metal building which would be attached to the existing house; the house would continue to be used as an office and a caretaker's residence, Mr. Forington intends to have bis son operate an auto repair, tune-up and body repair business from this location, Mrs. Romans pointed out that the business proposed by Mr. Forington would be per- aitted as an accessory to a new or used car dealership, which uses are permitted in the B-2 Zone District. The staff is of the opinion that the use proposed by Mr. Forington is a similar use to that conducted by the new and used car lots in the re- pair of automobiles, and is also similar to the work being done at many gasoline service stations. Mrs. Romans stated that the staff recommends that this use of automotive repair, tune-up and body shop be found similar to uses permitted in the B-2 Zone District, and that the following conditions be imposed: 1) That all work be done within the enclosed structure . 2) A six-foot, opaque, screening fence shall be erected at the rear of the property to comply with 022 .5-3b of the Coapre- hensive Zoning Ordinance: ''Barriers and screening. Areas sub- ject to wheeled traffic shall be provl"<red with barriers of such dimensions that occupants of adjacent residential structures are not unreasonably disturbed, either by day or night, by the movement of vehicles." 3) There will be no outside storage of vehicles to be serviced or repaired during hours that the business is not in operation . 4) There is compliance with all applicable codes and ordinances . • • I • • - 0 • • • • • -3- Mrs . Pierson asked if the members of the Commission had any questions of the staff? Don Smith asked if consideration had been given as to whether or not the proposed use was hazardous to adjoining properties by reason of fire, explosion, etc. Mrs. Romans pointed out that the use will have to comply with the applicable codes and ordinances of the City. Mrs.Becker inquired whether the six foot screening fence would be of woven wire with slats? Mrs. Romans stated that chain link fences with slats are not approved; the fence would have to be of solid wood, brick, block or concrete construction. Mr. Williams asked what the B-2 Ordinance required in fencing? Mrs. Romans stated that areas subject to wheeled traffic shall be screened to protect the adjacent residential areas. Mr. McBrayer referred to the map of the area, and asked if the area shown on either side of the gravel drive would be black- topped, or would it be in sod? llrs. Romans suggested that llr. Forington could answer this question better than she. Mr .Carson asked about the location of the curb cut? Mrs. Romans again suggested that Mr. Forington answer that question. Mr. Bill Forington stated that the area on either side of the drive are presently in grass, and that the present tenant bas Mountain Foliage and Landscaping, which headquarters there. Mr. Forington stated that there would not be much traffic at the business --only word-of-aoutb advertising. Mr. Forington stated that bis son would be operating the business; be is presently doing it out of bis home in Denver, but wants to find a business location. Mr. Forington stated that the vehicles that they are working on would be within the building, and he does not like the idea of leaving vehicles parked along West Evans Avenue; if a vehicle would be stolen, be would be liable. He stated that he would prefer to have the vehicles brought to the site the morning the work could begin. Mr. Tanguma asked for clarification from Mrs. Romans on the term "outside storage"; he asked if this referred to storage of vehicles outside of the building, or outside of the lot? Mrs. Romans stated that the restriction was in reference to storage outside of the building; vehicles that are not finished should not be stored outside of the building over night. Mr. Tanguma asked of Mr. Forington how many cars the proposed metal building would accommodate? Mr. Forington stated there will be sufficient capacity for four bays; the building baa three doors presently, and part of the structure is used for office purposes. Mr . Tanguma noted that parts are bard to get for soae vehicles, and he felt it would be very difficult to avoid bavin1 cars • I • 0 • • • • • -4- stored on the site unless they turned business away. Mr. Forington agreed with Mr. Tanguma, and stated that he could not guarantee there would be no outside storage over night. Mrs. Pierson noted that there is an area in the rear of the site that is designated as "storage"; she asked if this would not be used for outside storage of vehicles, and how many cars could be stored in this area? Discussion ensued. Mrs. Roaans stated that she felt the pro- posed restriction on outside storage aay be too restrictive and that it was certainly soaetbing that should be discussed by the co .. ission. Mr. Don Forington stated that be bas been in the business of auto repair, tune-up and body work for three years; be pointed out that the shop, as proposed, would only have two people operating it. Be stated that he felt four to five cars could be stored inside with another four in the rear of the lot, and this would give two people a pretty heavy work load. Be stated that as aaall as the shop is proposed to be, the storage of vehicles would not be that great a problem. Mr. Tanguaa stated that he is aware of several businesses such as tbis that have assured the co .. ission there would be no outside storage of vehicles, but this has not proven out. He stated that "you can't aake aoney by keeping the cars that are not finiahed in tbe bay." Be felt the proposed limitation was very restrictive, and that, in his opinion, there will be tiaes when cars will be outside of the building that are in the pro- cess of being repaired or are yet to be worked on. Mrs. Pierson questioned if there could be some rewording of the proposed restriction that would not be quite so specific? Mrs. Roaans indicated that when the staff report was written and the restrictions were suggested, the staff was concerned with the "wrecked" autoaobile that aight be stored on the site. She suggested that possibly the co .. ission might want to re- move the proposed restriction altogether. Mr. Tanguaa stated that be did not feel it should be reaoved, but should be re- worded. Mrs. Romans suggested that possibly the restriction could be reworded to prohibit outside storage of vehicles re- quiring body work after operating hours. Mrs. Becker suggested that the restriction be added to prohibit storage of vehicles over night at the front of the building. Mr. Don Forington stated that the site is well sheltered by the trees that are on the site, and they do propose landscaping on the lot; he stated that he felt the business should be appealing to the people in the area and to those patronizing the business, and not degrading. Mr. McBrayer suggested that the restriction could be aaended by stating there be no outside storage of vehicles ezcept in the storage area. Discussion ensued. Mrs. Pierson suggested • I • - • • • • • • -5- that the restriction could state except within the "enclosed storage area," Mr. Smith stated that he felt Mr. McBrayer's suggestion should be implemented. He stated that he felt the intent of the re- striction was to stop the parking of vehicles over night or over weekends. If the vehicles that must be kept on site are parked within an enclosed storage area, they would not be visible from the street. Kr. Williaas stated that he felt the main issue before the co .. ission is whether or not to grant Kr. Forington the right to use the property for auto repair, tune-up and body work; he stated that he felt too much attention was being given to the restrictions suggested to control the use. He stated that anyone in the auto repair business will have to have some storage of vehicles on the site, and he felt these restrictions are going beyond what the co .. ission has been asked to do. Kr. Forington stated that he would want the right to park vehicles on the site overnight. He expressed concern that the tenant on his property would not be allowed to park his vehicle on the site over night, Mrs. Roaans pointed out that the suggested restriction does state that there shall be no outside storage of vehicles that are to be "serviced or repaired." Kr. Willia-stated that be felt the staff was thinking of "wreckers" that would be sitting on the site for weeks, and not the vehicle that is in just for a tune-up or minor engine work. He reiterated that be does feel the applicant should have the right to park vehicles on the site over night. Mrs. Pierson asked if the applicant wished to address the co .. ission further? Kr. Forington stated that be could not guarantee bow long bis tenant would be on the site, or bow long bis business would be at this location. He stated that be would just as soon leave the trees and present landscaping as it is because it would be cheaper than paving the front area. Kr. Forington stated that he would hope to put in the testing equipment for emission control and other innovationa in this shop • Carson moved: Williams seconded: The Planning Coaaission approve the requeat of Mr. Bill Forington to use the property at 2120 West Evans Avenue for an automobile repair shop, with the following conditions: 1. That all work be done within the enclosed structure • 2. A six-foot, opaque, screening fence shall be erected at the rear of the property to comply with 122.&-3b of the Coapre- hensive Zoning Ordinance: "Barriers .!.!!.!! acreenins. Are• • I • - • • -6- • • • subject to wheeled traffic shall be provided with barriers of such dimensions that occupants of adjacent residential structures are not unreasonably disturbed, either by day or night, by the movement of vehicles." 3. There will be no outside storage of vehicles to be serviced or repaired during hours that the business is not in opera-tion, 4, There is compliance with all applicable codes and ordinances. Mrs. Pierson pointed out that if the recommendations as suggested in the staff report are adopted, they may be too restrictive, Discussion ensued, KcBrayer moved: Saith seconded: The motion be amended by adding to Condition #3 the following: " ••••• in operation, EXCEPI' IN THE ENCLOSED STORAGE AREA," Kr. Saith questioned that the storage area is not identified. Mrs. Pierson pointed out that Kr, KcBrayer's motion stated that the storage area must be "enclosed." Kr. Wanusb pointed out that the Comaission is not approving a plan for development of the area, but are approving the use. He noted that if the applicant wanted to, be could built out to the street line, and this would not have an effect on the co .. ission•s approval, He reiterated that the approval is for the "use" only, Brief discussion ensued, The vote on tbe aaendaent was called, AYBS: Carson, Draper, KcBrayer, Pierson, Saith, Tanguaa, Williaaa, Becker, Barbre, NAYS: None The motion carried. Mrs. Pierson then called for the vote on the motion as amended, AYES: Draper, KcBrayer, Pierson, Saith, Tanguaa, Williams, Becker, Barbre, Carson NAYS: None The motion carried, The approved motion would read as follows: The Planning Commission approve the request of Kr. Bill Forington to use the property at 2120 West Evans Avenue for an automobile repair shop, with the following conditions: 1, That all work be done within the enclosed structure, 2. A six-foot, opaque, screeuing fence shall be erected at • I • • 3 . 4 . • • • -7- the rear of the property to comply with §22.5-3b of the Comprehensive Zoning Ordinance: "Barriers and screening. Areas subject to wheeled traffic shall be provided with barriers of such dimensions that occupants of adjacent residential structures are not unreasonably disturbed, either by day or night, by the movement of vehicles." There will be no outside storage of vehicles to be serviced or repaired during hours that the business ie not in opera- tion except in the enclosed storage area. There is compliance with all applicable codes and ordinances. IV . INTERPRETATION OF ORDINANCE Professional Office to include Food Broker. CASE #6-80 Mrs. Pierson asked for the staff report. Mrs. Romans stated that the request before the Planning Com- mission is to determine whether or not the definition of Pro- fessional Office wwld include the occupation of "Food Broker." Mrs.Romans stated that the applicants, Mr. C. J. Berardini and Mr. R. J. Schultz, contacted the Planning Division some time ago about constructing an office building on the north side of u. s. 285 at South Pearl Street. This area was indicated ona map of the area by Miss Fessenden. The site is presently de- veloped with a house that is not on a foundation, and a garage. They proposed that the garage be removed, a foundation be con structed, and that the house be 11<>ved onto the foundation and used for office purposes. In discussions with the staff, the construction of a new office building was considered. The zoning on this property is R-3, High Density Residence, which zone district does permit, among other things, "professional offices" in addition to High-density residential uses. Mrs. Romans stated that back in 1959, a consulting firm was engaged to develop a zone district that would be compatible with Swedish Medical Center. The resulting zone district was the former R-3-A zone District, and one of the permitted uses was "professional office". In 1976, the R-3-A and R-3-B Zone Districts, both multi-family residential districts, evolved into the R-3 High Density Residence District. Professional Offices are still a permitted use in this zone district, and is defined as follows: "The office of a person engaged in any occupation, vocation, or calling, not purely commercial, me- chanical, or agricultural in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an act founded thereon, such as medical doctors, dentista, attorneys-at-law, architects or engineers." • I • - 0 • • • • • -8- In discussions with Mr . Berardini a nd Mr . Schultz regarding the proposed new office building and the offices that would be in the building, the "food brokera g e " office was mentioned . The staff questioned whether this type o f use would be per- mitted under the definition of a "professional " office and recommended that the gentlemen discuss the matter with the Commission. Mrs . Romans stated tha t no products would be sold from the office of the Food Broker . Mrs. Romans stated that the staff has had requests from people in real estate, insurance, accountants, and other similar occupations who want to locate o f fices in the R-3 Zone District. According to the definition, these occupations are not con- sidered a "profession" and the sta f f has been of the opinion that they are not permitted in the R-3 District . Mrs. Romans discussed the development surrounding the subject site, which development is comprise d of thr e e-story walk-up apartments, a health spa, nursing hom e and other office buildings. The request for another o f fice building to the west of this site bas been submitted, and the applicants have a ppeared before the Board of Adjustment and Appeals on their request for a variance to the minimum lot area, and setbacks. Mr. Draper inquired as to the type of variance being requested? Mrs. Romans stated that one of the requests was on lot area . Miss Fessenden stated that the variances would be for lot area and minimum setbacks. Mrs. Romans pointed out that Mr. Berardini and Mr . Schultz would also have to appeal to the Board for a variance in lot area on this site. The Planning Commission is considering the use of the site and whether the occupation of "food broker" is a "professional " use . Mrs. Pierson asked Mr. Schultz to address the Commission . Mr. Schultz stated that he is a food broker, and is considered a professional sales person . The business employs 19 people, seven of whom would office in this location. The remaining twelve employees are employed in other cities or other locations in Denver. This o f fice sta ff would comprise three secretaries, himself, and three other sales personnel. He stat ed that three of his personnel have mast e r s degrees in marketing and one has a bachelors degree in marketing. Mr. Schultz sta t ed that opera- tion projects a volume o f business for this year which would amount to $24,000,000. He stated that they act as the sales agent for a number o f companies . Mr. Schultz stated that he feels the new office building would do a great deal for this site, and the building they have in mind would add beauty and a large number of tax dollars to the City of Englewood. Mr . Schultz stated that his food brokerage firm would occupy approxi- mately 1/3 of the building; Mr . Be rardini is planning to open a branch of his law f irm at this location, and there would be other professional occupants of the building , • I • - 0 • • • • • -9- Mr. McBrayer asked if Mr . Schultz could describe an average transaction of their operation? Mr. Schultz stated that their business deals with King Soopers, Safeway, Nobel and other similar businesses ; their contacts are by telephone, mail or on the telex. The food brokers represent a product; they do all the paper work, take the orders, transmit the orders to the warehouses, but would not handle invoicing or purchasing from this office. He stated that their salesmen do call on the various stores that they are attempting to interest in a specific product. Smith moved: Tanguma seconded: The Planning co .. ission find that a food brokerage firm be a permitted use at 3597 South Pearl Street. AYES: Barbre, Carson, Draper, McBrayer, Pierson, Smith, Tanguma, Williams, Becker NAYS: None The motion carried. Mr. Draper asked if the granting of variances for the office buildings in this area would set a precedent for granting variances in future applications? Mr. Wanush stated that it would not set a precedent for the Board of Adjustment; they are required to take action on specific requests at a specific location. Mr. Wanush stated that once the co .. ission has interpreted any "use" to be permitted in a zone district, the staff will say that it is a permitted use in that zone district. V. CENTURIAN PARTNERSHIP Planned Development CASE #27-79 Mrs. Pierson stated that members of the Commission received a copy of the letter from Centurian Partnership requesting that their application for a Planned Development be withdrawn. She asked if this required any action from the Commission? Mrs. Romans stated that it was included only for the information of the members. Mrs. Romans stated that at the Public Hearing on the Centurian Partnership Planned Development which was before the Planning Commission on February 5, 1980, a Mr. Crosby testified that the right-of-way on the south aide of his property had not been dedicated, and that the map displayed to the Commission by tbe staf f was in error. Mrs. Romans stated that the staff baa further investigated the matter and the property was dedicated f or roadway purposes in 1963 by a previous property owner. The deed has been recorded in the off ice of the Arapahoe County Clerk and Recorder. The staff obtained a copy of this deed, • I • - 0 • • • • • -10- which was shown to the members of the Commission. Mrs. Romans stated that a copy of this deed has also been sent to Mr. Crosby for his information . VI. PUBLIC FORUM. There was no one present who wished to address the Commissio~ VII. DIRECTOR'S CHOICE. Mr. Wanush reported on progress of the Country Club Joint Venture; he stated that some people from Salt Lake City who are the new owners or are the representatives of the new owners, were in his office recently inquiring about the codes and ordinances governing the development of the site. Mr. Wanush stated that these people wanted to review the plans and conditions which were approved by the Commission, Mr. Wanush stated that he understood they hope to have the architectural plans for the development completed in early March and will be making application for a building permit very shortly. Mr. Wanush stated that the State of Colorado has a local chapter of the American Planning Association, which meets monthly. The meeting of the month of February will be the evening of February 21 at 6:30 P.M. at the Arvada Center; the topic for discussion is "Developer Appraises the Planning Pro- cess and Development Regulations." This will be a panel dis- cussion. The address of the Arvada Center is 6901 Wadsworth Boulevard, and anyone is welcome to attend these sessions. Mr. Wanush stated that the local Chapter of the APA bas some very interesting meetings; among the recent meetings was one on solar energy and a session last fall in Colorado Springs OD "iDfill". VIII. COMMISSION'S CHOICE. Mrs. Becker stated that she had perused the City Council Minutes of January 28th regarding the rezoning appeal of Mr. Harry Wise. She noted that City Council did not make a decision on the evening of the Public Hearing; she a•ked if this was a customary procedure followed by the City Council? Mr. Wanush stated that it is not unusual. He stated that the City Council did vote to deny the rezoning at their meeting of February 19, 1980, by a vote of 7 -o. Mrs. Pierson stated that she and the staff have discussed the possibility of another study session some time in the near future. She pointed out that there are three new members on the Commission who might benefit from such a session. She stated that she felt one topic that might be explored is the "courses of action" approved in the Comprehensive Plan, and that possibly some deeper thought could be given to these goals and courses of action. • , I • • - • • • • -ll- Mrs. Romans stated that she would also welcome an opportunity to discuss the philosophy of the Comprehensive Zoning Ordinance before drafting of specific regulations begins. Once the goals of the Zoning Ordinance are determined, the actual work in rewriting the Ordinance can begin. Mrs. Pierson stated that she has found the study sessions to be very productive. She asked if there was a possibility the study session and tour of the city could be worked in together? Mrs. Romans stated that she was not considering doing the tour until some time after the weather warms up. Discussion ensued. Mrs. Pierson asked if a "pre-meeting" study session might work out? Mr. Wanush stated that he felt the Saturday morning sessions were better. It was determined that the study session be scheduled for March 29th at 8:00 A. M. Mr. Draper asked if there had been further communication from the City Attorney's office regarding the public hearings, legal status of the hearings and the decisions of the Commission? Mr. Wanush reported on a brief discussion he had with a aember of the City Attorney's office. He stated that he felt a decision must be reached on how City Council will hold their hearings. He noted that the public hearing before City Council on Mr. Wise's appeal was repetitive; everything that had been brought out before the Planning Commission was brought out before the City Council, but no new information was presented. Mr. Wanush stated that one possibility that will be discussed is having the Public Hearing before the Planning Commission with verbatim transcripts of the Hearings sent to the City Council. City Council would then not hear the matter unless there was informa- tion to be presented in addition to what is contained in the transcript of the Planning Commission Hearing. Mr. Wanush stated that discussion has centered around engaging a Court Reporter for these hearings, and that if the applicant desired to take the matter on to City Council, they would have to pay for the transcript. Mr. Wanush emphasized that the basic idea would be to provide City Council with a complete record of proceedings so that body would not have to hear the matter again. Discussion ensued. Mr. McBrayer noted that the staff report for Case #5-80 con- tained a suggestion from the staff that auto repair shops be determined to be similar to permitted uses and therefore should be permitted in the B-2 Zone District. He stated that this aspect of the matter was not really addressed; only whether Mr. Forington would be granted permission to use a specific parcel of land for an auto repair shop. He asked if this would require more action on the part of the Commission, or did the action at this meeting set a precedent, and would the staff continue to interpret that auto repair shops would be permitted in the B-2 zone District? As previously stated by Mr. Wanush, the staff indicated that this would be their interpretation. Mr. McBrayer also suggested, in connection with Case #6-80, • • I • - • • • • • • -12- that a list of permitted uses in conjunction wi th the pro- fessional offices be set forth in the R-3 Zone Dis t rict. He stated that he felt there were many occupa t ions which mi g ht want their offices in the R-3 zone District which would be "professional" but might not fit within the d ef inition as presently set forth. He cited manufacturer's representatives and others as an example. Mr. Tanguma excused himself from the meeting. Mr. Wanush stated that this suggestion of Mr. McBrayer's is a matter that might be addressed in the study session. He felt that there should be further determination on what is "professional". Discussion ensued, Mr. Barbre stated that if he understood correctly, there was not much control exercised over the type of use that went into an office building if a "professional" use relocated. Mrs. Romans stated that this is basically correct. Mrs . Pierson stated that if there was a "troublesome" tenant, there were some means by which they might be removed if they were not "permitted," Mr. Smith stated that he felt possibly one reason for the restriction on "professional" office was an attempt to keep consumer-oriented businesses out of a residential area because of the heavy traffic that could be generated, Mrs. Romans pointed out that a doctors office generates extremely heavy traffic, and this is a permitted "professional" use. Mr. Draper asked if Swedish Medical Center was able to over- come the problems they had with the sewer line underneath the Scandia Apartment House? Mr . Wanush stated that he was not aware of any problem that the hospital had with the sewer line under the apartment house. At the time that the hospital was considering the construction of a multi-story garage south of Hampden Avenue, they were considering the possibility of crossing the alley, and the sewer line under the apartment house came under staff discussion at that time, Mr. Wanush stated that he did not think the hospital was proceeding with any projects on the south side of Hampden Avenue at this time. Mr s. Pierson discussed the construction of the o ff ice building on the medical center property north of Hampden Avenue, and asked if this construction would not be in viola t ion o f setback requirements considering the heig ht of the hospital itself. She asked if the hospital was not obligated to leave the open space at it was? Mrs. Romans stated that the minimum setback requirements are only 15 feet for each side for a maximum height of 60 feet; they would have to set back one additional foot on each side for each additional foot of height. She also pointed out that the medical center was constructed under a previous ordinance that did not have the same requirements as are in existence now. The meeting adjourned at 8:30 P.M . • I • - • • • • • • ENGLEWOOD WATER AND SEWER BOARD . Regular Meeting February 26, 1980 The meeting was called to order at 5:05 PM by Chairman Gibson. Members present: Gibson, Best, Fitzpatrick, Higday, Otis, Schnackenberg, Ullery, Witthus Members absent: Feamster Also present: Stewart Fonda, Director of Utilities I. SUPPLEMENT 12 VALLEY SANITATION DISTRICT Mr. Fonda stated that Colorado Dispasal is r@questing inclusion to the District on some property located on the south side of Union Avenue and west of the South Platte River. A new structure is presently under con- struction at the site. The Engineer for Valley Sanitation states that there is adequate capacity available in the Valley Trunk line for a sewer tap. Mr. Best moved; Mr. Schnackenberg seconded: That the Board rec:a11111end to the City Council appl"'Oval of Supplement 12 Valley Sanitation District. Ayes: Gibson, Best, Fitzpatrick, Higday, Otis, Schnackenberg, Ullery, W;tthus Nays: None Absent: Feamster Motion carried. II. VALLEY WATER TAP-ON AGREEMENT Valley Water District requested a tap-on agreement for 1-1/2 inch water tap for the property owned by Colorado Disposal on Union west of the South Platte River. This property is located in the City of Englewood . • 5 £ I . • - • • • Mr. Schnackenberg moved; Mr. Best seconded: • • • -2- That the Board recolllllend to the City Council approval of the Water Tap-On Agreement with Valley Water District and Colorado Disposal. Ayes: Gibson, Best, F°itzpatrick, Higday, Otis, Schnackenberg, Ullery, Witthus Nays: None Absent: Feamster Motion carried. III. SUPPLEMENT 72 SOUTHGATE SANITATION DISTRICT This area is located south of East Dry Creek and west of South Holly Street. The area is being withdrawn from the South Arapahoe Sanitation District as the sewage will not flow by gravity into South Arapahoe's system but can flow by gravity through Southgate 's system. The area contains 74 acres and the developer plans to build 201 single family homes and one school which will accomodate approximately 700 students. Southgate has a letter on file stating that they understand that no additional taps will be added to their allocation because of additional inclusions. Mr. Best moved; Mr. Otis seconded: That the Board recommend to the City Council approval of Supplement 72 Southgate Sanitation District. Ayes: Gibson, Best Fitzpatrick, Higday, Otis, Schnackenberg, Ullery Witthus Nays: None Absent: Feamster Motion carried . IV. HILTON INNS REQUEST FOR GREENWOOD HILTON Mr. Fonda stated that the Greenwood Hilton had applied for sewer service in the Greenwood Village area which is located in the Southgate Sanitation District. They would like to purchase their sewer tap based on the amount of usage. A flow meter would be installed and the City and the District would check the usage from time to time. The request is based upon an equivalent of 80 residential taps for the 306 unit structure. If the flow exceeds the above amount additional taps would be purchased on the following terms: • • I - - • • • • • • -3- (a) Purchase of 110 additional taps at $800 or then current fee per tap; then, (b) If necessary, purchase of 112 additional taps at $800 or the then current fee per tap. Hr. Fonda stated that he thought it would be an acceptable agreement with the Hilton and it would keep additional taps available in the Southgate Sanitation District. Hr. Schnackenberg moved; Hrs. Ullery seconded: To accept the agreement with the Green- wood Hilton Inn in Southgate Sanitation District. Ayes: Gibson, Best, Fitzpatrick, Higday, Otis, Schnackenberg, Ullery Witthus Nays: None Absent: Feamster Motion carried. V. PROCEDURE FOR ISSUING SEWER TAP PERMITS FOR SOME PROPERTIES IN SOUTHGATE AND SOUTH ARAPAHOE SANITATION DISTRICTS Mr. Fonda stated that Southgate and South Arapahoe have full time employees for the Districts and with this in mind they are requesting that the City cooperate with developers of large areas by not requesting pre-payment of sewer stub-in installations. The properties will pay the City when they take out a building permit for construction or connect to the stub. This method would leave sewer taps available for other areas and allow the de- veloper to not have so much money invested until construction connences. The Districts state that they will provide the City a quarterly status report for each area affected. If an unauthorized hook-up of sewer occurs and has not been reported, the District agrees to pay the assessment to the City within 30 days of discovery . Mr. Best moved; Mr. Schnackenberg seconded: To approve the above procedure for issuing sewer taps for "special cases" in Southgate and South Arapahoe Sanitation Districts with the understanding that the City may terminate this agreement when they so desire . • I • - • • • • • • -4- Ayes: Gibson, Best, Fitzpatrick, Higday, Otis, Schnackenberg, Ullery, Witthus Nays: None Absent: Feamster Motion carried. VI. PUBLIC HEARING MARCH 10, 1980 Mr. Fonda stated that the Cities of Englewood and Littleton have scheduled a public hearing for the 201 plan on March 10, 1980 at 7:30 PM at the Englewood City Hall. Adoption of the plan is the first step in a five-year process that is required to design, fund and construct a sewage treatment facility. He urged the members to attend this important meeting. VII. NAMING ALLEN PLANT ADDITION Mr. Fonda stated that consideration should be given to naming the new addition at the Allen Water Treatment Plant. A name was submitted and the members were in agreement with the selection and indicated that the Council give it final consideration. VIII. BLACK & VEATCH STUDY ON RELIEF SEWER LINE Mr. Fonda stated that action should be taken soon on the relief sewer which will serve the Northeast section of Englewood. Further discussion and action will be taken at the next regular meeting in March. IX. FUTURE MEETING DATE CHANGE Mr. Fonda stated that he would like to change the meeting date for the Water and Sewer Board from the third Tuesday to the second Tuesday of the month. Mr. Fitzpatrick moved; Mr. Best seconded: That the regular meeting date of the Water and Sewer Board be changed from the third Tuesday to the second Tuesday of the month. Ayes: Gibson, Best, Fitzpatrick, Higday, Otis, Schnackenberg, Ullery Witthus Nays: None Absent: Feamster Motion carried. • I . - - .. • • • • -5- x. WATER AND SEWER BOARD CHAIRMAN FOR 1980 The Chainnan declared the meeting was open for nominations. Mr. Gibson was nominated and elected unanimously. XI. TRIP TO CABIN MEADOW CREEK AND OTHER CITY FACILITIES THIS SPRING Mr. Fonda stated that the Board should plan on two different trips to see City water facilities. One trip would be to visit the Cabin Meadow Creek area and another one to see Mclellan Reservoir and the Allen Water Treatment Plant. The members would like to visit the Cabin Meadow Creek area in June. XII. CHANGES IN HANDLING OF DELINQUENT ACCOUNTS Mr. Fonda stated that delinquent accounts have increased since the City discontinued the $5.00 charge in April, 1978. He pointed out that the Code as it is written now does not allow the $5.00 charge for turning off and on delinquent accounts. Mr. Higday moved; Mrs. Ullery seconded: To request the City Attorney to draft the required change in the Code and submit this change to Council. Ayes: Gibson, Best, Fitzpatrick, Higday, Otis, Schnackenberg, Ullery, Witthus Nays: None Absent: Feamster Motion carried. Meeting adjourned at 6:15 PM. RespectTu~u':'._itted, -alJ--~d~ Kay~oberts Recording Secretary • I . - • • • • • • ENGLEWOOD OOWNTam DEVELOPMENT AtmlORITY 3535 S. Shenaan -F.nglewood, CO 80110 BOARD OF DIRECTORS SPECIAL MEETING MIN'UT!s Wednesday, February 27, 1980 12:00 Noon, 3535 S. Shel'llan Board Members Present: O:>leman, Gasson, Kaufman, Maxwell, Neal Board Members Absent: Allen, Glenn, Holthaus, Mausolf, Robohm Staff Members Present: Keller, Thompson Guest & Visitors: Dorothy Dalqulist, Lo~ll Palmquist, John Oswald, Dorothy Romans, Jim Chambers, Howard Olson, Kathye Thomas, Milt Senti, Chuck Bush, Jeanette Bush, Bob Gay, Tom Fitzpatrick, Greg Ireton, Dan Prater Board Chairaan Kaufman called the meeting to order at 12:23 PM. Because Olll.y 5 Board members were present, no official Board business could be conducted. Hr. Dmn Prater described briefly the new fine art theater he wishes to open in the 3300 block of s. Broadway in the old Park and Shop complex. Lowell Palmquist was introduced to discuss the Swedish Hospital "Campus Plan". After introductory remarks, John Oswald discussed the tenative long range development plan that Swedish has drawn up. Stimulated by the Planning and Zoning Department of the City of Englewood, the planners would like to tie in with the E.D.D .A. even though Swedish is outside the Authority's district. Swedish is now in the process of building a 72 physician office building and would like to continue to expand to provide the community with other services besides in-patient care. After the suests and visitors were excused, those Board 1191bers present, Attorney Crow and Crea Ireton reviewed the response to Brady F.nterprisea recent letter to the Authority. The meeting adjourned at 1:20 PM • 5 F . I • - (. • • • • • • ENGLEWOOD DOWNTCJJN DEVELOPMENT AUTIIORITY 3535 S. Sherman -Englewood, CO 80110 BOARD OF DIRECTORS REGULAR MEETING MINUTES Wednesday, March 12, 1980 3535 s. Sherman, Suite 150 Board Members Present: Allen, Gasson, Glenn, Holthaus, Kaufman, Mausolf, Maxwell, Neal and Robohm Board Members Absent: Coleman Staff Members Present: Keller, Thompson S F Guesfs & Visitors: Ginny Howe, Gordon Close, Rosemary LaPorta, Ralph Murphy, Howard Olson, Bill Steele, Jim Artzberger, Andy HcCown, Rich Wanush, Bob Voth, Bill Pendleton, Kelly Oliver, Kathye Thomas, Suzanne Fisher, Terry Crow, Steve Cowperthwaite and Harold Rust. Board Chairman Kaufman called the meeting to order at 12:28 PH. Upon motion by Board member Neal and second by Glenn the minutes of the Regular meeting Minutes of February 13 and Special meeting Minutes of February 27, 1980 were approved as published. Motion carried. Treasurer Gasson had no report for this meeting. Upon motion by Board member Allen and second by Neal, the bills in the amount of $1054.66 were approved for payment. Motion carried. Board Chairman Kaufman reviewed the results of the meeting of the Executive Colllllittees of the E.D.D.A. and Chamber of Commerce. Each organization to support an attempt to find volunteers among the business co1111111nity who are willing to serve in the formation of a business organization. No seed money ia to be provided by either organization. (This has not been brought before the full E.D.D.A. Board for consideration}. Hr. Kaufman made an appeal to those present for volunteers, but none responded. Board member Holthaus reported on the status of the Executive Director contract by stating it was in the hands of Board Attorney Crow for final drafting. She also reviewed the job description for the Executive Director and Staff. Mel ReVirt, Director of Employee relations and Rich Wanuah have been assisting in formation of employee policies. City Manager HcCown stated that he felt the Authority could make whatever employee monetary and benefit agree- ments so long as no specific length of term was stated . Board member Allen reported the Committee to select a professional consultant for market and economic research has chosen Brown Bortz and Coddington. Motion by Allen, second by Holthaus. K?tion carried. The Co111111ittee is to meet with BBC and attempt to negotiate the final coat and contract terms. Board Chairman Kaufman brought for discussion the status of the acquisition of a property to serve as a "walk-thru". At the Board Executive Comlittee meeting, Attorney Crow was asked to write letters to the sellers and purchaser of 3448-50 S. Broadway to determine if, in fact, the property has been sold • • 0 I • • • • • Page 2 Board of Directors March 12, 1980 • Kelly Oliver, E.D.D.A. architect, reviewed some preliminary sketches showing a change in location of the "mini-park" to the walk-thru portion of the parking lot plus some sketches of other possible locations of the walk-thru and its relation to the parking lot. The question of what consitutes a "substantial" modification of as approved plan of development was discussed and all present felt the relocation of the walk-thru and mini-park would not require a rehearing by Council. Board member Robohm reported on the offer to the E.D.D.A. of 3460 S. Broadway as a possible walk-thru building. Motion by Board member Neal, second by Holthaus to engage Earl Baughar to prepare an MAI appraisal of 3460 S. Broadway and have a report ready for the special Board meeting March 26, 1980. Under "Board Chairman's Choice" Mr. Kaufman acknowledged receipt of a letter from the Chamber of Commerce expressing thanks for hosting the executive committees meeting and expressing cooperation with the E.D.D.A. "Board Members Choice" Ms. Holthaus stated she was happy to see several downtown business people attending the Board meeting. Mr. Kaufman added his word of support and concern to find the proper person to lead the business association. Under "Executive Director's Choice" Mr. Keller reported co-unication from Jack Poole, Chairman of Englewood Parks and Recreation Commission. See copy attached. A plat of the proposed park improvement south of Dry Creek and west of S. Broadway was distributed to each Board member. C.Opies of the write up in the I.D.E.A. publication pertaining to the Denver Platte River improvements were distributed. Director Keller requested permission to attend the I.D.E.A. Executive Development Institute to be held in April at Alexandria, Virginia. No action taken. Mr. Gordon Close, Melody Music, requested the floor and asked Chairman Kaufman to elaborate on the decision of the Executive Co-ittees regarding the Business Association. Mr. Close asked Mr. Kaufman if the E.D.D.A. and the Chamber of C.Ommerce were not going to provide some type of leadership. Mr. Kaufman stated the the E.D.D.A. and the Chamber of r.ommerce would be most supportive, but the two entities felt it was best to encourage the merchants to organize on their own. Rose Mary LaPorta quested who was responsible for City spending of money for park improvement, when it could be used for store building improvement on S. Broadway. Ms. LaPorta also questioned the effectiveness of the Chamber of Commerce and received a response from Mr. Howard Olson, Executive Director. Mr. Olson stated the Chamber of r.ommerce was an organization to promote the area, provide help to existing business, but not advertising and promotions for the area. This was not their area of expertise. Therefore, he felt that the merchants needed to band together and perform these tasks. The meeting adjourned at 1:40 PM • 0 I • - • • • • • • ENGLEWOOD PUBLIC LIBRARY ADVISORY BOARD March ll, 1980 S G The meeting of the Library Advisory Board began at 7:30 p.m., with a tour of the Library conducted by Staff members: David W. Brunton, Assistant to the Director, Karen Kelley, Children's Services Librarian, and Teri Metros, Adult Services Librarian. Chairman Wheelehan called the meeting to order at 8:20 p.m. Roll Call: Present: Absent: Bruce Hogue, Norman Kerswil 1, Howard Morarie, Jr. , Dalton Nordyke, Joe Rathburn, and Dorothy Wheelehan. Merlyn Beaver, Bob Currie, and Lois Sterling. Also Present: Mrs. Jane Bacon, Commissioner Denver Public Library Ms. Colleen Dayton, Denver Public Library Development and Public Relations Officer Mrs. Bruce Hogue Sharon L. Winkle, Director of Libraries David W. Brunton, Assistant to the Director Teri Metros, Adult Services Librarian Karen Kelley, Children's Services Librarian Eileen E. Browne, Recording Secretary Pre-scheduled Visitors: Mrs. Jane Bacon, Co11111issioner of the Denver Public Library and Ms. Colleen Cayton, Development and Public Relations Officer of the Denver Public Library made a presentation and requested the support of the Englewood Public Library Advisory Board in attempting to obtain additional State funding for the Colorado Resource Center which is operated by the Denver Public Library. Ms. Cayton distributed packets containing information relating to the Resource Center. Director's Report : Ms. Winkle re-introduced Mr. David W. Brunton, Assistant to the Director, who described to the Board a Library Services and Construction Act (LSCA) Mini- Grant Proposal which the Library wishes to submit to the State Library. This proposal is entitled "Computer Awareness Project" which calls for the placement of a micro-computer (personal type computer) in the Library to create an increased awareness of the Englewood community concerning computers, communi- cations technology and information manipulation and delivery. Howard Morarie made the motion: That the Library Advisory Board approve the submission of this LSCA Mini-Grant Proposal for the Computer Awareness Project to the State Library . • I • - • • • • • -2 - Seconded by Joe Rathburn; the motion carried unanimously. The Director discussed the LSCA Title I, Local History Grant Proposal and requested the Board's authorization to submit this grant proposal to the State Library. Howard Morarie made the motion: That the Library Advisory Board approve the submission of the LSCA, Title I, Local History Grant Proposal in the amount of $16,168.00 to the State Library. Seconded by Dalton Nordyke; the motion carried unanimously. Howard Morarie requested copies of the grant proposals. The Director indicated that copies would be made available to any interested Board members. Sharon Winkle informed the Board that the Library Planning Committee was in the embryonic stage and currently consisted of Sharon Winkle, David Brunton, Teri Metros, and Karen Kelley, and will also include LeiOma Koestner, Circulation Librarian, and Adeline Czarny, Bookmobile Librarian. The Director requested Board representation on the Connittee and suggested that for the sake of conti- nuity perhaps it should be the Chairman and the Vice-Chairman. Howard Morarie stated that he would have to decline as he would be attending school during the summer months and would be unavailable for meetings. Bruce Hogue requested clarification regarding the relationship of the Library Planning Committee to the Library Advisory Board. The Director explained that the Library Planning Conaittee is intended for long-term planning and will provide a means of combining Staff and conaunity input in recommendations which will provide direction and assistance for the Library Advisory Board. Dorothy Wheelehan said that she would be available to represent the Library Advisory Board and Joe Rathburn volunteered to be the second representative from the Board on the Library Planning Committee. The Director mentioned that copies of the Resolutions passed at the White House Conference on Libraries and Information Services had been sent to the Board with the Agenda -if anyone had any questions they could call her at any time. Ms. Winkle advised the Board that National Library Week will be April 13-19, 1980. During this week the Library will experiment with an "Amnesty Week" when overdue materials can be returned without payment of fines. The program is designed to encourage the return of long-overdue library materials. At last month's meeting Mr. Morarie requested a report on funds raised from daily sales of withdrawn and contributed books. The Director indicated that for Janu- ary and February the total was approximately $50.00 and that the total before minor expenses from the one-day book sale last year been $763.00 -she thought that the Board might like to consider having the one-day sale in addition to the daily sales in the Library. David Brunton added that it would be impossible to sell the books as fast as they are donated to the Library strictly on the daily sales approach. • I • - 1C • • • • • -3 - Director's Choice: Copies of the Information Management Specialists study "An Automated Circulation System Study" were distributed. Ms. Winkle stated that this study was done simply to find a recommendation for a vendor should the library agencies involved in the study decide to participate in a "shared-system" for automated circulation. A joint meeting of the involved libraries is being planned. The Board selected the following choices for this meeting: First Choice -March 24, 1980 Second Choice -April 7, 1980 Third Choice -March 29, 1980 The Board will be notified of the selected time and date for this meeting with Littleton Public Library, Arapahoe Regional Library District and SEMBCS. The Director also advised the Board that the Staff is planning to change the location of the Satellite Library from Scenic View to the Duncan Building. The Parks and Recreation Department currently has a very strong program at Duncan and it has become a coDDDUnity/neighborhood center. The feeling is that a Library station there would be used DUJch more than at the current Scenic View site. Ms. Winkle stated that the City Manager requested that the Board review and revise the policy for use of the foyer display area. This activity will be turned over to the Library Planning Committee for recommendations to the Board. Chairman's Choice: Dorothy Wheelehan recommended that the dinner for past members of the Library Advisory Board be shelved for the present. The Chairman introduced new Board Member, Norman Kerswill, and asked that he give a brief description of his background and interest in serving on the Library Advisory Board. Member's Choice: Bruce Hogue questioned the terms of Board members. The Director said that she she would look into the matter. Mr . Hogue also suggested that the Library Advisory Board should follow the "Policy on Use of Meeting Rooms" and that smoking should not be permitted . Howard Morarie concurred -there will be no smoking permitted at future Board meetings. • I • - • • • • • -4 - Statistical Reports: With regard to the Statistical Report the information under Circulated Materials will be a quarterly report rather than a monthly report. The Director explained the Annual Report on Book Volumes Added and Withdrawn from the collection. She stated that this was essentially a tool for Staff use in monitoring collection activity. The next report was presented in response to Mr. Hogue's question at the last meeting as to how the Englewood Public Library compares with other libraries in the area. Although the report is based on 1978 statistics, relative positions have not changed greatly. Approval of MiJrutes: Bruce Hogue made the motion: To approve the minutes of the February 5, 1980, meeting as recorded. Seconded by Norman Kerswill; the motion carried unanimously. Howard Morarie ude the motion: To adjourn the meeting at 9:10 p.m. Seconded by Joe Rathburn; the motion carried unanimously . I • • - • • c • • • • 5 TO: Andy Mccown, City Manager FROM: William J. Brookshire, Director DATE: February 14, 1980 SUBJECT: January Report Attached is the monthly report on the Littleton/Englewood Waste Water Treatment Plant for the month of January, 1980. Also included is the average flows for all months of 1979. I would like to bring to your attention the fact that the average daily flow for the past twelve months is l6mgd or 80% of the Plant's capacity. During the month of January, 1980, several major changes have been made at the Plant. A new organization has been implemented with the following major changes: One Superintendent has been put in charge making Operation & Maintenance under the control of one supervisor. -One additional Maintenance Supervisor has been assigned permitting the scheduling of a supervisor on duty at all times maintenance personnel are assigned to ~ork. -One additional Chief Operator was hired permitting the Chief Operators to work a consistent, repetitive schedule and give them some scheduled weekends off and not rotating their shift every two weeks. -The reassigning of truck drives to operations and under the control of Chief Operators for better utilization in sludge hauling. -Implementation of the Benchmark classification which permits promoting operation's personnel from entry level positions to high classifications as they become qualified without having to wait for openings from employee turnover . -The creation of a new Research and Development Engineer position. This has not been filled as of yet; however, this position will monitor Operation & Maintenance proceedures and give better control on process and maintenance operations, provide training programs and assist in budget control which should in the end cut costs at the Plant . • - I • • - - • • ( • • • • Page Two -The new organization being implemented actually cut the total number of budgeted positions by one. Another change implemented was a major change in the woi·king schedule of operations personnel. The change provides for a schedule that gives all Operations personnel a full weekend off on a repetitive schedule and rota- tions to all shifts during the year. The new organization and shifts seem to have been accepted very well by all the personnel at the Plant. There have been some other changes made in the operational process at the Plant which has improved the operation of the digestors, thereby aiding in the solids disposal at the Plant. The changes have slightly reduced the over all cost of solids removal. One of the major problems, as you know, has been in solids handling and it looks as if the vacuum filters could possibly be shut down for a period each day. This will help as maintenance can be performed without being a crash program, something all personnel at the Plant have been working toward for quite some time. There has been no odor problems at the Plant for quite some time now. The only place any odors may be detectable is the area at the northeast corner of the Plant where sludge is stored when it is impossible to be disposed of at a landfill; however, the sludge is being disposed of as fast as possible. In the capital Expenditure Budget for 1980, several vehicles were approved mainly for sludge handling. The major items required at this time are: two (2) semi-tractors. one (1) 22-yar.d trailor, one (1) 5,000 gallon tank trailor, rubber-lined and one (l) front end loader. The specifications for these items have been prepared and bids are being requested. There are several additions required at the Plant; such as. lime slaker, digester piping and such items. H.D.R. has completed the preliminary engineering on these items and has submitted plans and specifications to State Health and EPA for approval. Upon approval by these agencies, additional grant monies will be requested. H.D.R. has completed the final draft of the 201 study on anrnonia and chlorine removal and included also the Plant expansion. The 201 study will be presented at a public hearing on March 10, 1980 for final conments and then forwarded to State Health and EPA for final approval. During the year 1979, as far as can be interpreted at this time, the Treatment Plant was very close to meeting the revised Operations & Maintenance budget. • I • • • - • • - ENGL EWOOD -LITT LETO N WASTEWATER TREATM EN T PLA NT AVERAGE DAILY FLOW S 1979 (Plan t) l ittleton .Englewood Combined Tota l Flow Average Daill Total Flow Average Daill ~ Daill_ January 134 .23 4.33 274.66 8.86 408.89 13. 19 February 107.52** 3 .84 281.31* 10. 04 388.83 13 .88 March 140 .43 4.53 246.45** 7.95 386.88 12.48 Apri 1 185.81 6. 19 270.08 9.0 455.89 15 .2 May 220.46 7 .11 334.92 10.8 555.38 17. 91 June 228.79 7.63 340.63 11. 35 569.41 18 .98 July 224.07 7.23 336.46 10.85 560.53 18 .08 August 221.27 7.14 345 .04 11. 13 566.31 18.27 September 193.49 6.45 314.63 10.49 508. 12 16.94 October 188.08 6.07 310.00 10.00 498.08 16.07 November 178.00*** 5.93 278 .41*** 9.28 456 .41 15.21 December 185.36*** 5.98 289.92*** 9.35 475.28 15.33 TOTAL FLOW Year to Date 2,207.51 3,622.51 5,830.01 AVERAGE DAILY Flow 6.05 9.92 15.97 AVERAGE MONTHLY Flow 183.96 301.88 485.83 • *Due to equ i pmen t breakdown no figures are available for Englewood for the month of Feb r ua ry , but a monthly average has been inserted . **For the same r eason these f i gures are suspec t (low reading); however, no modification I • ha s been made . • ***No br eakdown f or Littleton/Engl ew ood available . These figures are based on average. • • - - '>\. ·~: ,. ·_-St. • I. • c • • • • lll>NTHLY AVERAGE Enpl-.ood ( :U~. I PPM)( 1 '7&91 I) ----- ( ~l'f,"f PPM}(tC.Cf3~ f) ( 9. "17 !"fld) /'1.i I~. 'f· b.tJ.Q '7. J. ~~. PPM , ' : PPM t::-· PPM PPM PPM cl.ow" ~"~;"e tmOI\{. .. J '' • ·.~· I • - ( ( • • ( • • • • MA Y, 19 8 0 ANNUAL CITY CLEANU P 5 I Area: North of U.S. Highway 285 and West of the South Platte River: May 5 & 12 North of U.S. Highway 285 and East of the South Platte Rive r: May 6 & 7 South of U.S. Highway 285 a nd North of Quincy Avenue: May 8 & 9 South of Quincy Avenue and East of the South Platte River: May 13 & 14 South of Quincy Avenue and West of the South Platte River: May 15 Trash is to be placed in throw-away containers near the street and in a conspicuous place. There will be two trucks in the area on the days indicated. Branches to be picked up are to be cut into lengths not to exceed four feet. / {cc. t{:,.0 .. _ l .,.____ - Kells Waggonet) P.E. Director of Public Works bjs copies: w. Oakley, St. Sup't H. Taylor, SC Sup't Switchboard G. Diede, Dir. Engr. Serv. R. Kahm, Office Engr. ~City Manager's office City Attorney's office All Department Heads: Library Utilities W.W. Treatment Parks & Rec. Employee Relations Finance Police Fire •. r , ·. Community Dev. (&Bldg. Div.) • I • - • • • • • ANNUAL CLEANUP MAY/980 • I . • - - • • TO: FROM: DATE: SUBJECT: • • • MEMORANDUM The Honorable Mayor Eugene Otis and members of City Council Louis Parkinson, Municipal Jud~ March 12, 1980 MUNICIPAL COURT ACTIVITY REPORT FOR FEBRUARY, 1980 Attached is the Municipal Court Activity Report for the period of February l -29, 1980. The report is being transmitted to keep you further informed of Court activity and requires no action by City Council. /b Att. • I • - • • • • • • ltlNICIPAl COURT ACTIVITY REPORT REVENUE SOURCE FEBRUARY 1980 Violations Buruu Fines--------------------$ 4,693.50 P1r1:ing Viol•tion Fines--------------------S,672. 00 Court Cues--------------------------------8,14S.OO Court Costs--------------------------------2,698 .00 Witness Fees-------------------------------120.00 J<iry Fees----------------------------------2S .OO llDlld Forfeitures--------------------------!DO.DO Orfwer 1..-t Scllool Fl!fl-------------360.oo Acll>eal Bond Fees---------------------------I.SO A~hoe County (1111 's)-----------------------'3"'30=.:.00:=. TOTALS Arn1 i .-nu------------------------------- Guilty pleu (incl. nolo ple.s)----- llot liuflty plHs-------------------- Cont'd., Fafled to Alllle•r, 01s•.---- Tr•ffic V1ol•tions Buruu------------------ Guilty pleu----------------------- llot Guflt1 pleu-------------------- Tri11s Sclleduled for -th (held)---------- Tri11s to the Court (held)---------- Jur1 Tri11s (held)------------------ Juries cancelll!d----------------- Juries contillUl!d----------------- Jur1es dlS111ssl!d----------------- Pre-Tri1l Conferet1ees-----:---------------- Optiona l Pre-Trial Conferences------------- Spec1 • l HHr1ngs--------------------------- Clses closed by disposition---------------- Clses closed b1 ~f. Pros./Sentence-------- Driver Scllool lttencllnce------------------- lllrranu and Eaecutions issued------------- Clses Pl!flCl111g (not incl. parld ng )---------- NO . OF CASES FILED BY CATAGORY : Mov i ng traffi c violalions------------------ P•rlt i ng vi o hti ons------------------------- Shop 1 !ft i ng vi ohtions--------------------- Othe r ordiMnce viol•tions----------------- $ 22,14S .OO 285 119 98 68 363 256 107 186 (12) 171 (11) IS (I) 14 0 0 19 179 22 149 1 14 13 l,70S 524 1.sa1 20 19 Dog ordi Mnce violat i ons-------------------38 CD11Plai nts (citizen, sales tax, bldg .)-----__ o TOT AL S 2,182 Respectfully submitted, ~;..,,.,,CJ~ FEBRUARY 1979 I, 747 .01 1,790 .00 S,077 .00 1,182 .50 200.00 25 .00 UI0.00 ll0.00 -0- 786.50 11 ,038 .0l 318 109 69 40 134 (9) 119 (7) lS (2) 11 2 0 34 0 10 73 0 20 36 788 234 447 0 10 29 .....l 722 BARBARA J . PEllllE,.Clerlt of lluiU'ci..-1 Court cc : Judge Louis P1r1tinson Honoreb 1 t 14110r Ewgene L. Otis and Ne!r.bers of City Counc i1 Andy 11cc-. City M~u,.ger llerurd ler1rdini, City Attorney Robert Hol•s, Chief of Police G.ry Higbee, l'irector of Fi Mnce Clrol1ne BoettfRr, Court Adllinistr1tor • TOTALS TOTALS FOR YEAR LAST YEAR 10,259.50 10,139.00 18,323.00 6,150 .00 170 .00 2S.oo 100.00 600.00 I.SO 452 .50 46,220 .~ 630 262 219 149 7S9 S72 187 40S (17) 371 (IS) 34 (Z) 32 I} 0 38 lS4 SS 327 7 37 108 1,157 3,224 37 60 66 __ 6 4,550 3,739.Sl 4,698.00 12,243.00 Z,652 .50 OS.DO 50.11() ~.00 320.00 -0- 1,849 .00 26,287 .01 710 237 148 8!I 271 (20) 228 (lS) 43 (S) 34 2 0 40 0 19 148 7 37 82 587 1,315 0 lO 55 __ 2 1,989 I • - - • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE SUBJE'CT March 24, 1980 AGENDA ITEM Action Recomiended Annual Renewal of Liquor License for DAiii • c; RS:-c:;T,&URANT & PIZZERIA INITIATED BY City Clerk ACTION PROPOSED~~ANNUam.mAL1o.....1:RE111.WNE~WA1.1C1..~~~~~~~~~~~~~~~~~~- • Name Paul's Restaurant & Pizzeria 3542 S. Fox St. ~ Hotel/Restaurant Expires May 14, 1980 All alcoholic beverage licenses must have their license approved annually for renewal by the local licensing authority . • I . - • • • • • DRL ..02 1REll . 10na1 STATE OF COLORADO DEPARTMENT OF IEVENUE llEJIEWAL. APPucATIOll fOlt llALT, VINOUS - ~ ~ Ne~l.ICDIEI I (GET Al'PllOVAL Of LOCAL AU1'HOlllTY FIRST) LIQUOR ENFORCEMENT OFFICER 'S ACTION ..... -,,~" •lD V•"I D Sf" .. 0 •o co1.o••DO ... c .......... , IK.,lolt• COl.O I '-- 1 1 ..IG~IAAI PALll H u .lbhl IAN . H.'d<.l- p . 1 ~ f'Il1 l:.l'4 3~4 . ~ : ""' S T 1::-.Gl E ... uuU C.1. APPROVED O A T[ DISAPPROVED cvll O -aRTANT SEE INSTRUCTIONS ON THE REVERSE SIDE . MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE. RENEWAL A.-PLICATION FOR LIQUOR LICENSE FOfll THE LICENSING P'EfllfOD ENDING ,-UM: ACCOUNT N~fll ~°"~--L1 Ae1L1T Y 1MFOMIAT10"'1 i=---TOTAL FEE(SI t _ __!-U llt(f'£,_ENC£ coi.ty C,n -1 ~ _11-..i ~""•IL•T>OAT'f I l l -,O .. -; •(J ()1,t: ,.,J.3 :) J :>l~7 '7 L ------- SS No. 1 _SS No. 2 . ___ 'FEIN -::c------ 1 CERTIFY THAT THERE ARE NO CHANGES TO MV ORIGINAL A ... LICATIOlll EXCEPT CHANGE Of' -AGER, TRADE NAME OR COR-ATE STRUCTURE . NEW TltADE ----- SIGNATURE llF THERE IS A CHANGE IN OWNERSHIP 00 NOT USE THIS FORM . USE AN ORIGINAL APPLICATION.) MANAGER"$ NAME IF A .. LtCANT IS A COAt-ORATION . F IL L IN REVERSE SIDE . NAME ANO DESCRIPTION OF LICENSE ·~- Do .,.... -.... I -of,.,........, ... lo< whodl "'"-'"*•on'°" lic:9No ii-? A,..'"'......,_ -0t "'"""7 ~~_b. If ...,19<1 , eff0<11 .. a •"Pntion -of - 11 oppl -nt!sl "'ell off-!11 of mo -•on, cit1-t1l 0<-Nnt ,_,W of 1"' U..itld 5-ot -ice-~? '{b"SI o r employws of •nv Mich , under me ... of •-nty-one ve-n? Y• ________ No -~v __ _ Hes the epphcant . or eny of the Pllrtners, or eoy of the offteers, stodcho~ CH d irecton of Ytd 1PPitcant flf it 11 1 CDrpOqtion) .....-_,.con· vtcted of 1 crime 1n the State of Co lor~ o r elsewhere? Y• ___ No _V' __ _ tf so, 1t1te fu ll dlltaits ----------Has the epplicent, or 1nv o f the pertners , or any officer . d irector o r stockholder of qtcf appliclint (If 11 is a COfPOf'lltion• ewr : (1 ) been denied• license under this liquor liew ? No_L_ No ,,, (b l had an 1 lcohohc bever.ge hceme suspended or re W>ked ? If the ..,.,., 11 yes, ••pa.in fully (attach Mper"ate sheet, 1f needed I . y .. Do y ou o r any members of vour fa-n 1l y n.. 1 t1nenc .. 1 interest 1n any other liquor 1...,..7 (-..ch fi~ ..,.._ ID iftdude ony equity on-Ot' loenll . If the.,,_ 11 ves. ""P'"'" fully (M1Cft --•.if .-i. V• Does env per'IOn , firm or COf'IJOrM.on t\we a f i nenc1al imerett, evdencm erther bv '-'tor equity ownenhip in .._ ..-... I tor wtuch ths licon•;. --7 If"" -is v• . .._ ------of IUCh f"-'<:iel "'- No ••Pf9919d ••!her in doUers or other items of v .. ue . such es inventor\", fumttu,., tt.w,. __. •u•.....,,t. Yn _ .,/ No LGAAF:r-::~-;";:z:.-•nwh.:henyo~ '"..,.~~-~~ • ~ ~_.,. BUIWW91 ~it ·1t Feder•I Employers l~11ficet1on Nl.M'nber <FEIN • IS Pf'e"i>f'1n ted tn ·~ ~ .,.ce. p .... check your f1ICOf'dl to .. If you hew tfte: ume numbe' If you Nive • d1fferl'tlt number, correct the one •bowe '° th•t 1t c0rrwtp0nds Wtth your recorcn. If no"""'*-".......,.. 1n tfte -.O. lllS9, pleese fill in w 1fh the FEIN you hlllllle on your records • • I • • ·. ~-lo - • • • • • IF THE M'Pl.ICAlllT IS A CORPORATIOfll, -<•I. (to), (cl. C.11 , (9' -ff). Col Or .. n1Z9d u.-the i.w of the Stote oL ______ -----------.• Dote _____ -----------____ _ (b) PnnCA Pll busmen is conducted at_ ___________________ .,. County oL ___ --------· St•te of_ _________ _ (c) D1te of f iling lest annual corpor1te rePort to the Secret.at"y of State ______________ _ Nome Home Addreu City Dote of Birth Month, Doy , VNf (d i President-------------- V.oe Pr• ------------~ Tre11uret -------------- S.C.-etar't'·--------------... _ (e l HOME STREET NO .• CITY DA TE OF BIRTH (fl Lm •II nocr.tnotdera owning o r contro lling •nv o1 tM c.pitel ftOclt of the corporetlon. (Inell.ICM Ktual owner CM"~.) U. _. •• ~if ........ NAME HOME STREET NO.• CITY fl'E .. CENT OF DAT'E STOCK OWNED OF et .. TH STATE OF COLORADO •nd c:§JA¥~~:LJ l·· ---'-"?,quc..~-'"'--__../). ....... ~="-L._1_..;..."1~ ______ _ Of m.t he "----'(}y.l.+<.f«.C...,,..,,"!(T!!oo~llO°"'f,0---------..oof the -.01119,.,,... corpoqtion; ttwt he ... r9d 1he fOJlllOinl lllliPlimt.ion Mid dwt ht kW the contents th9reof . end th8t .. , rMtten and ttu"I' thsatn lllt forth •• true of hil own k,.,...... •nd he ..,... to conform to 111 "''-and ,....,..,..,.. p romulgated by the State Oepertment of Rewnw: •n eomw:tion lhs..,rth. S ubset ~ 1nd .worn to t.tme ~ this---L'"------dov of ___.h_....__ ___ . !~ Attach SH I Off-at~ Sip .... : MJ' C umm 1"1on e•P•'"---'{le=~-'---",5-"'-"-'-'1'-"'f"'-~'"-'/'---------"••'------------------------- REPORT AND APPROVAL Of LOCAL LICENSING AUTHORITY (Monuioctu<en , Wholeulers. Importers ond Publ ic Tronsportotion Syotem1 ditr-d !hit section) Th• ior9901n11 eppllcetton h• b99n ... .,.,ined •nCJ the pr9"'\t ... , buai ,... conducted and ct\arecter o1' the 9Pl)hcant i'I .. tisfactorv . •nd we do report th•t 1ue h ltc.n•, 1f ,,anted. w ill meet the ,...,"9bie requirements of ttw ne~ •Ni tf\ed .. lre1 o f the lnh9b1i.nb, and c ompl1 .. wn:h the pro vis ion of Artic .. .a7 , T itle 12, C R .S 1873,M •~ T HERE.FOR E THIS APPLICATION IS HEREBY APPROVED D A TE D ~T-------THIS-------OAV OF---------· A .O . 19--------- INAME O F TOWN ,CITVORCOUNTV) ______________________________________ _ (MA VOR OR CHA IRMAN Of BOARD OF COUNTY COMMISSIONERS QA OTHER TITU OF LtCEN51NG AUTHOlllTV.) ATTEST !CLERK OR SECRCTARV OR OTHER OFFICER HAVING THE OFFIC"'L 5EAl.. OF THE LICUGING AUTHOtllTV .) ftt the pr•m1-"ft .,. •outed w 1tnln • town or city, •~ abo we •POt"o va l •houkll ... ...,._. l»W' tM nowyor .-~-... If m • ~wnt.-. "*' ltW ""9 cftetr"-' _. tM.....,.-' co ·.tntv comm 1H i0f\ef1 -"Cl tM CW k to tn. boer9 If, DY cwe11nenc:e CM" otft«W"9, tN '°°' ,~,.•""'°'"'*iii ....-ot"9r offia.t, t'-" Mldl eeeiro• .__, .. 9 1 .. e n a., 1uch ott1c1a t.) NOTICE TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME , IT IS IMPORTANT Tl+AT THIS DOCUMENT . WITH YOUR STATE FEE REMITTANCE , BE AT THE COLORADO DEPARTMENT Of REVENUE, STATE CAPITOL ANNEX BUILDING. 1375 SHERMAN STREET , DENVER, NO LATER THAN THIRTY (301 DAYS PRIOR TO THE EXPI RATION DATE OF YOUR LICENSE . THIS DOCUMENT MUST BE IN THE HANDS Of THE LOCAL LICE NSING AUTHORITY AT LEAST FORTY -FIVE 145) DAYS PRIOR TO THE EXPIRATION Of THE LICENSE . I • - - • • • • • • REPORT DATE ENGLEWOOD POLICE DEPARTMENT REPORT OF INVESTIGATION 2 -26-80 ITP E OF REPO RT REPORT BY 8 0-30 91 Liquor Renewal Captain R. D. F razier Englewood NATURE OF CASE Liquor License Renewal -Paul's Restaurant and Pizzeria DATE: 05-14-79 through 02-26-80 SOURCE: Detective Don McLennan DETAILS: A s~ of call reports for Paul• s Italian Restaurant located at 3542 s. Fox Street is listed below. Explanations of any liquor violations will be attached. Requests for Police Assistance Officer initiated Reports Violations ~~k.~ R. D. Frazier~aptain Investigations Division • 0 0 0 - F l LE AkEA I , I • • - • t • • • • • 6 H 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 March 19, 1980 Rezoning Application INITIATED BY City Planning and Zoning Co .. ission ACTION PROPOSED Hold a Public Hearing on an application to rezone certain land in the City fro• R-1-C, Single-family Residence, to R-2-C, Medium-Density Residence . INTRODUCTION: On January 28, 1980, the City Council referred the re- zoning case filed by John J. Littlehorn and James w. and Willia• R. Jackson to the City Planning and Zoning co .. ission, which case was remanded to the City Council by the District Court in Arapahoe County. The City Council took this action because the area considered for re- zoning fro• R-1-C, Single-faaily Residence, to R-2-C, Medium-Density Residence, in Planning Co .. ission Case No. 14-77 bas been changed due to a division of the Littlehorn property. It was the opinion of the City Council that this division substantially changed the case pre- viously under consideration, and that it should be referred back to the Planning co .. ission for a recommendation based on the current situation. To that end, the City Planning and Zoning Co .. ission held a Public Hearing on the revised Littlehorn/Jackson request on March 4, 1980. CONCLUSION AND RECOllllENDATION: Based upon the evidence presented and the testimony received at the Public Hearing on March 4, 1980, in the matter of a request to rezone property which was the subject of a revised rezoning application filed by John J. Littlehorn and James w. and Willia• R. Jackson, f rom R-1-C, Single-fa•ily Residence, to R-2-C, Medium-Density Residence, the City Planning and Zoning Co-ission voted to refer the request to the City Council with a favorable reco .. endation subject to certain conditions. The City PlanDing and Zoning co .. ission finds that the property cannot be developed under the present zoning and that if the property under consideration is developed as a unit under the Planned Developaent Dis- trict at a medium density, it will be co•patible with the adjacent area. • • I • • - • • { • SUGGESTED ACTION: • I . • MOVED BY __________ _ SECOND1 ___________ _ .. YES, ___ __,NO ___ _,ABSENT _______________ _ - • • • • • llEllOBANI>Ull TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOIOIENDATION OF THE CITY PLANNING AND ZONING COIDIISSION. DATE: March 4, 1980 SUBJECT: Reco .. ended Approval of Rezoning Request RECOIOIENDATION: Becker 90ved: Draper seconded: The Planning co .. ission rec<>11aend to City Council that the rezoning of the following described property from R-1-C, Single-faaily Residence, to R-2-C, Jlediua-Density Residence be approved: Beginning at the Northeast corner of the Northwest one-quarter (1 /4) of the Northeast one-quarter (1 /4) of Section 9 , Township 5 South, Range 68 West of the 6th P.JI.; thence West along the North line of said Section 9, said North line also being the center- line of West Quincy Avenue, a distance of 99 feet to the true point of beginning; thence continuing Westerly along the North line of Section 9, a distance of 231.8 feet, to the North line of Jensen's Subdivision 2nd Filing, City of Englewood, County of Arapahoe, State of Colorado; thence East along said North line of Jensen's Subdivision 2nd Filing a distance of 163.8 feet to the Southwest corner of the parcel of land described in Book 2951, Page 442 in the Arapahoe County Clerk and Re- corder's Office; thence North along the West line of the parcels of land described in Book 2951, Pages 441 and 442, a distance of 120 feet to the Northwest corner of the parcel of land described in Book 2951 on Page 441; thence East along the North line of said parcel of land described in Book 2951, Page 441 a distance of 68 feet; thence North a distance of 210 feet to the true point of beginning, said tract of land containing 1.56 acres 90re or less. This recom11endation to rezone the subject property is contingent on the following conditions: 1. That the subject properties be developed as a single unit under the Planned Development District regulations. 2 . That the aatter be brought before the City Planning and Zoning Coaaission in twenty-four (24) 90otbs for review and if a Planned Developaent has not been approved and recorded and construction pursuant thereto undertaken, the Planning eo .. ission shall reconsider the use and the development of the subject property. AYES: McBrayer, Pierson, Saith, Tanguaa, Becker, Barbre, Draper NAYS: Carson ABSENT : Williaas ~p The 90tion carried. ~rtrude G. Welty~cording S~ary • t I • - • • • (s • STAFF REPORT Page -1- STAFF REPORT RE: • • • llEZOJi DIG Case #4-80 A request for a change in zoning froa R-1-C, Single- faaily Residence, to R-2-C, Mediua-Density Residence . DATE TO BE COICSllERED: March 4, 1980 NAllE OF APPLICANTS: John J. Littlehorn 4530 South Broadway Englewood, Colorado 80110 Williaa R. ~ James W. Jackson Route 5, Box 4 Evergreen, Colorado 80439 NAllE OF PROPERTY OWNERS: Parcel 1) John J. Littlehorn 4530 South Broadway Englewood, Colorado 80110 Parcel 2) Williaa R. • James W. Jackson Route 5, Box 4 Evergreen, Colorado 80439 Parcel 3) Midwest Real Estate Exchange, Inc . P . 0 . Box 1749 Evergreen, Colorado 80439 Parcel 4) Seventh Day Adventist Association of Colorado c /o Rosa Lee Banks 1296 West Quincy Avenue Englewood, Colorado 80110 The above ownerships are based on infol"Jlation obtained February 7, 1980, froa the Arapahoe County Assessor's Office. ACTION TO BE TADN: Following the Public Bearing, the Planning Collaisaion can decide to continue the Bearing to a date certain if additional inforaation is needed, table the .. tter until a date certain if aore tiae is needed to digest the teetillony received at the Hearing, or vote to recommend to tbe City Council that tbe re- quest be approved or disapproved • • I • - • ' ' '• C> z < a: a: <-- I ...... • • • ----.___ ___ _J ------ ~ 0 I(~ • "' N "' "' ~· ..... I . - • (B • STAFF REPORT Page -3- RELATION OF APPLICANT TO REQUEST: • • • REZONING Case #4-80 Mr. Littlehorn is the owner of Parcel l in the tract of land for which the change in zoning is sought . Mr. Littlehorn has also received Power of Attorney froa William R. and Ja•es W. Jackson to act in their behalf in this matter at such times as they are not present. Willia• R. and James W. Jackson are the owners of Parcel 2, and also are the owners of Midwest Real Estate Ex- change, Inc., the owners of Parcel 3. In a •eeting on Febru- ary 25, 1980, Mr. Littlehorn stated that the Jackson Brothers also hold the first letter of refusal on Parcel 4. LOCATION OF PROPOSAL: The subject properties are located in the area south of West Quincy Avenue and West of South Lipan Street. See enclosed vicinity map. The legal description is as follows: Beginning at the Northeast corner of the Northwest one-quarter (1/4) of the Northeast one-quarter (1/4) of Section 9, Town- ship 5 South, Range 68 West of the 6th P.M.; thence West along the North line of said Section 9, said North line also being the centerline of West Quincy Avenue, a distance of 99 feet to the true point of beginning; thence continuing Westerly along the North line of Section 9, a distance of 231.8 feet, to the North line of Jensen's Subdivision 2nd Filing, City of Englewood, County of Arapahoe, State of Colorado; thence East along said North line of Jensen's Subdivision 2nd Filing a distance of 163.8 feet to the Southwest corner of the parcel of land de- scribed in Book 2951, Page 442 in the Arapahoe County Clerk and Recorder's Office; thence North along the West line of the parcels of land described in Book 2951, Pages 441 and 442, a distance of 120 feet to the Northwest corner of the parcel of land described in Book 2951 on Page 441; thence East along the North line of said parcel of land described in Book 2951, Page 441 a distance of 68 feet; thence North a distance of 210 feet to the true point of beginning, said tract of land con- taining 1.56 acres more or less. PRESENT ZONE DISTRICT: The subject properties are currently zoned R-1-C, Single-faaily Residence. This allows for the development of single-f .. ily residences on lots with a •inimu• lot area of 6,000 square feet, and a •inimum lot frontage of 50 feet. This zone district permits a IUlllimum density of seven (7) units per net acre • • I • - • • • STAFF REPORT Page -4- PROPa>ED ZONE DISTRICT: • • • REZONING Case #4-80 R-2-C, Mediua Density Residence. This zone district perai ts a aaxiaua of 14 uni ts per net acre with a ainilllua frontage of 50 feet and a •inimua lot area of 6,000 square feet for either a one or two-faaily use. DESCRIPTION OF REQUEST: The applicants are requesting a change in zoning for the subject property froa R-1-C, Single-faaily Residence, to R-2-C, MediUJt-Density Residence. In a aeeting held on February 25th between the Planning Division and Mr. Littleborn, the following reasons were given for the proposed zone change ; 1) That because of the increased intensity of the industrial development in the areas to the northwest, west and southwest, which are zoned 1-1, Light Industrial, it would be •ore difficult to obtain financing to construct single-faaily residences or to attract buyers if the financing could be found for construction. 2) That under the R-2-C Zone District, land costs would be reduced and the applicants could build low-aaintenance, energy efficient, affordable housing. This would help attract aore faailies to Englewood. 3) That the R-2-C, Zone District would provide a aore adequate buffer between the single-faaily areas to the east and the light industrial uses to the west . 4) That the land is not desirable for single-faaily parcels due to the lack of suitable road access to each of the subject properties, but by clustering the two-faaily units under a Planned Development, a desirable living environment could be created . It bas been past practice that all changes in zoning break at the centerlines of public rights-of-way, such as streets and alleys; or if public right-of-way is not applicable, then on the rear of property lines, or at the location of natural physical barriers, such as ditches. The zone district break in this instance would be at the centerline of West Quincy Avenue on the north, at the rear of the properties on the east and south, and the west boundary would be along the west property line of Parcel 4. I . - • ~. • • • STAFF REPORT Page -5- • • • REZONING Case #4-80 DESCRIPTION OF SUBJECT PROPERTY AND THE ADJACENT AREAS: The application covers an area of 1.56 acres and con- sists of four (4) unsubdivided parcels of land located to the south of West Quincy Avenue and to the west of the extended alignment of South Lipan Street . The land is in an R-1-C, Single-faaily Residence Zone District which abuts an I-1, Light Industrial Zone District, on the west, and is adjacent to the I-1 District on the northwest and southwest. The largest of the four parcels, shown as Parcel 4 on the attached aap, has only 15 feet of frontage on West Quincy Avenue; this is to allow for access to this parcel . One of the three resi- dential structures in the subject properties is on Parcel 4, and this parcel was once used as a small far•. Parcel 2 has 70 feet of lot frontage, and Parcel 3 has 78.8 feet of lot frontage, both on West Quincy Avenue. These two parcels are the sites of the remaining two residential structures. Parcel 1 is vacant, and has frontage of 68 feet on West Quincy Avenue . The subject property is adjacent to existing residential developments in the R-1-C Zone District on the north across West Quincy Avenue, and on the east and south. The area to the west, northwest and southwest is developed with various industrial uses. West Quincy Avenue, which is a designated arterial and truck route from South Santa Fe Drive to South Clarkson Street through Englewood, abuts the property on the north. West Quincy Avenue carries co .. ercial traffic, as well as serving the residential areas and is designated in the regional plan as a aajor arterial from I-25 west at least as far as South Kipling Street. The areas on the north and south were developed be- tween 1956 and 1961. The houses to the east were constructed in 1975 after Kr. Littlehorn obtained a subdivision waiver to divide the parcel. The areas to the northwest, west and southwest are zoned I-1, Light Industrial, and until the past 10 years little develoi:ment occured within this area. Within the past 10 years, however, this area has been developed intensely with uses such as an automobile tow yard to the northwest, an automobile whole- sale lot to the west and industrial warehousing to the south- west. The property is approximately 800 feet east of the rail- road tracks and South Santa Fe Drive. • I • .. . - • ~. • • • STAFF REPORT Page -6- • • • REZONING Case #4-80 BACKGROUND OF PREVIOUS ACTION RELATING TO THE PROPERTY: This area was annexed to the City in 1955 and the buildings within the subject property were constructed prior to annexation. No building permits have been issued by the City for the subject property since that time. In April of 1975, Mr. Littleborn obtained the approval of a subdivision waiver which enabled hia to divide bis land into five residential lots and one large parcel, a portion of which is now included in the subject application. In June of 1976, Mr. Littleborn sought the rezoning of the subject property, froa R-1-C, Single-family Residence to I-1, Light Industrial. This request was denied by the Planning and Zoning co .. ission. No appeal of record was brought to the Englewood City Council. In September of 1977, Mr. Littleborn and the Messrs. Jackson again sought the rezoning of the property which they owned, this time fro• R-1-C to R-2-C. It should be noted tbllt at the time of this application, Mr. Littleborn owned a parcel 67 feet by 300 feet which was included in the request. The request was denied by the Planning co .. ission. On October 14, 1977, the Comaission approved Findings of Fact and reaffil'Wled its reco .. endation of denial to the City Council. On October 3, 1977, the applicants appeared before the City Council and requested that the City Council bear the aatter. On that date, the Council approved a aotion to postpone consideration of the request until the next City Council aeeting. On October 17, 1977, the Council aet and after discussion adopted a motion to approve the Coamission•s reco .. endations and to deny the applicants' rezoning request without further hearing. On Septeaber 14, 1977, the Board of Adjustaent and Appeals held a bearing on the application of Mr. Littlehorn for a variance to reduce the minimum lot sizes pertaining to his property from the required six thousand square feet to fifty-one hundred square feet. At the conclusion of the hearing, a motion to allow the variance was made and seconded, but failed to pass after two affirmative votes and five negative votes were recorded. Subsequently, Mr . Littlehorn appealed the denial of his rezoning request to the District Court in Arapahoe County. Records in the office of the Arapahoe County Clerk and Recorder show that on March 8, 1979, Mr. Littleborn sold the south 120 feet of his property: 60 feet to the owners of the • I • . -· - - • • • • STAFF REPORT Page -7- • • • REZONING Case #4-80 property identified as 4325 South Lipan Street, and 60 feet to the owners of the property identified as 4335 South Lipan Street. This left him with a parcel of land with 68 foot frontage on West Quincy Avenue and 180 feet in depth. On October 12, 1979, the City of Englewood received the Findings, Conclusion and Judgeaent by the District Court in Arapahoe County, (Civil Action No. 38297, Division 1). In the aforementioned civil action, the Court reaanded the aatter to the Englewood City Council "for the purpose of condUcting a hearing on petitioner's application for rezoning and the COllllission's recOllllendations in connection therewith for the purpose of allowing petitioners the opportunity to present evidence and arguaents in support thereof." Pursuant to the Court Order, on January 11, 1980, the subject property was posted by the City of Englewood for a public bearing to be held on January 28, 1980, regarding the rezoning. On January 28, 1980, a public hearing was held before the Englewood City Council to consider the rezoning of the subject property from R-1-C, Single-faaily Residence, to R-2-C, Medium Density Residence. As a result of that bearing, the proposed rezoning was sent back to the City Planning and zoning co .. ission to getber new findings of fact. Because Kr. Littleborn had sold off the south 120 feet of the parcel of land which be owns, the City Council felt that there aight have been changes in the circuastances in the case which should be considered by the Planning Coaaission. RECOllllENDATION BY 111E PLANNING DIVISION: It is the recommendation of the Planning Division that the request for rezoning of the subject properties fro• R-1-C, Single-family Residence, to R-2-C, Medium-Density Residence, be approved subject to the following conditions being attached to the rezoning:• •Conditions have been successfully attached to zoning and re- zoning requests at 1470 West TUfts Avenue and 1451 West Tufts Avenue. • I • - • • • STAFF REPORT Page -8- • • • REZONING Case #4-80 1) That the subject properties be developed as a single unit under the Planned Development regulations•. 2) That the matter be brought before the City Planning and Zoning Commission in twenty-four (24) months for review and if a Planned Development has not been approved and recorded and construction pursuant thereto undertaken, tte Planning co .. ission shall reconsider the use and the develop- ment of the subject property. This recommendation is made for the following reasons: 1. It is the opinion of the staff that the original zone classification applied to the subject property could have been in error, and that the single-family designation may not have been appropriate at this location. 2. Industrial development to the west, northwest and southwest has changed the character of the area. 3. The Comprehensive Plan shows the area to be on the border between the industrial development to the west and single-family development to the east; the requested zone classification would serve as a buffer between these unlike uses. RELATIONSHIP TO THE COMPREHENSIVE PLAN: The 1979 Comprehensive Plan shows that the subject property is on the border between the single-family residential area on the east and the industrial area on the west. STAFF ANALYSIS: If the proposed zoning change were approved, the R-2-C, Medium-Density Residence District, would allow for the development of both single-family residences and two- family residences. The minimum lot area for both single- family and two-family residences under the R-2-C zoning regulations is 6 1 000 square feet, with a minimum lot frontage of 50 feet. This permits a maximua density of seven units per net acre for single-family residences, and a maximum density of 14 units per net acre for two-faaily residences. • This was discussed with Mr. Littleborn in the aeeting on February 25, and at that time, Mr. Littlehorn had no objection to the condition • • I • - • • • STAFF REPORT Page -9- • • • REZONING Case #4-80 By requiring the applicants to submit the Planned Development for the entire parcel, an orderly development could be assured. This should prevent the random development of each parcel, with no assurance of adequate access and open space. With the economy of 1980, the cost of housing has almost entirely eliminated the housing market for young families and families with moderate incoae. Home ownership for low in- come families came to a virtual standstill in the 1970's. For the last six months of 1979 and the first month of 1980, the average selling price for a house in Englewood was approximately $60,000. To qualify for this range of housing the family in- come would need to be approximately $21,000 per year. According to information developed by the Denver Regional Council of Governments in 1978, the average median income per household in Englewood is only $19,350. This means that the average family with a median income of less than $19,350 would be prohibited from home ownership in Englewood. If we wish to attract families to Englewood, more affordable housing must be provided. If the subject area were to be developed for single- family use, the average cost of each unit would be from $69,000 to $80,000 with monthly payments at today's high interest rate commensurate to that cost. If the single-family unit were to be rented, the average rent would have to range between $500 to $800 per month. By dividing land costs, the average price per unit in this instance could be lowered by the increased density provided by the R-2-C zoning. Under the R-2-C zone District, lower construction costs per unit would be possible and the ability to spread out the recovery cost of the land between 22 units versus 11 units would be available. This would also affect the cost of either selling or renting these units. In the opinion of the staff, the proposed rezoning would carry out the intent of the Comprehensive Plan by pro- viding more affordable housing stock for families; the proposed rezoning would not adversely affect the surrounding single- family areas if the development is carried out through a Develop- ment Plan; the increased traffic generated by the development would not adversely impact the adjacent area, but would be diverted to West Quincy Avenue, which is a designated arterial and truck route. • I • • - • •' . I . . -· • • • - - • • • • 6 c 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 March 19, 1980 Supplement 73 Southgate San;tat;on o;str;ct INITIATED BY Southgate San;tat;on o;strkt ACTION PROPOSED Aoproye annexation of add;t;onal land ;nto Southgate San;tation seryke area. I NTRODUCTl ON: A request was made by the Southgate San;tation District represent;ng the owners/ developer, of poss;ble annexat;on to the Southgate serv;ce area. BACKGROUND INFORMATION: This area is located south of East Orchard Road and east of u b c Street. The deve o r a ce 1n with a total gross square footage of 105,111 square eet. inch water tap will serve t 1s structure. The site contains approx1mately 8.21 acres. FINANCIAL DETAILS: None • • I . - - • • • • • RECOMMENDATIONS : That thP District be allowed to annex Supplement 73 to Southaate Sanitation District. The District has a letter on rile in the Utilities Department 'which states that they understand that no additional taos will be granted _under the tap allocation formula because of the additional land added to the Distr1ct . SUGGESTED ACTION: MOVED BY ____________ _ SECOND _____________ ~ • I . - • • • • • i .· 6 D 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 March 17, 1980 AID TO OTHER AGENCIES INITIATED BY City Manager ACTION PROPOSED Approval of aid to the following agencies : Inter Faith Task Force, Arapahoe House, Englewood Parade, Town of Littleton Cares . INTRODUCTION Each year City Council sets aside money in their budget to provide aid to certain non-profit public service agencies in the conmunity. IL. BACKGROUND In the past five years, Council has contributed funds the following organizations and individuals : Bohling Teenage Contest Fee $ Denver Area Cooncil of Boy Scouts Fngle.ood High SchJol Band Arapahoe House (Detox Center) Inter Faith Task Force Arapahoe League of Wanen Voters Coom.nity Arts S~h:xly Jaycees Fnglewood Parade Fnglewood Housing Auth. St. Patrick's Parade - F.ntry Fee Fnglewood Old Timers (ts;.ons Club-Repair- Belleview Tracks Cha1i>er of Calmerce s. Bond • 5,000 200 2,500 500 6,000 $ 5,000 .00 200 .00 1,800 .00 800 .00 2,127 .00 1,546.00 5,000.00 $ 1978 $ 1,000 .00 12 ,200.00 5,550.00 5,400 .00 5,400.00 300.00 500.00 2,200.00 5,000.00 500.00 500.00 1,800.00 2,284 .00 1,769.00 6,360 .00 100 .00 100.00 430.00 272.50 3,500.00 6,000 .00 1,500.00 247.50 • to 1979 $ 180 1,800 15,000 5,550 10,000 500 9,000 500 2,500 6,600 I • - • . · 1975 l. Wilson $ Di.a!Dnd Jubilee Cl1L-Public Service Denver Center for Perfotm:ing Arts Araparoe Mental Health 2,000 Denver Sylq>lnly Araparoe Task Force on Alcohol 3, 500 Bi-Centennial l, 500 Inter-Goverrment Contract-IR:XX; 3,500 FINANCIAL DETAILS 1976 $ 1,000 .00 5,000 .00 768 .26 • • • 1977 $ 1,462.56 100 .00 1,000.00 100.00 1978 $ 247.50 2,000.00 1979 $ Council approved the 1980 Budget with $25,000 designated as as Aid to Other Agencies. CONCLUSIONS AND RECOMMENDATIONS Council met in study session on Monday, March 10, 1980 to consider requests from various agencies for Aid To Other Agencies in 1980 . As a result of the March 10th meeting, City Council should adopt a motion to provide the following agencies with the specified funds for 1980: Inter Faith Task Force Arapahoe House Englewood Parade Town of Littleton Cares $10,000 5,550 2,500 1,000 SUGGESTED ACTION: MOVED BY~~~~~~~~~~~~~ SECOND~~~~~~~~~~~~~~ • • I . - - •' ,, • • • 6 E C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA IT EM SUBJE'CT March 19, 1980 Motor Grader -"Bid" Kells Waggoner, Director of Public Works t · v 1NIT1 A TED BY Gary R Higbee Director_of Finance CA V ACTION PROPOSED That Council approve and award to "Pete Honnen Equipment Co." the low bidder for one (1) Motor Grader Introduction : In the 1980 capital equipment replacement fund (CERF) one (1) motor grader was budgeted. Background Information : t_ This wi 11 rep 1 ace a motor grader that is I i--City's annual auction in October 1980. twelve years old which will be sold at the I Financial Details: Sealed bids were received by the Department of Finance (Purchasing) for supplying this n~tor grader. Results were as follows. Company Po wer Equipment Co. Ba nderet Equipment Co . Mac Donald Equipment Co. Pete Ho nnen Equipment Co. Bid No Bid No Bid $65,758.25 /55,473.60/ Delivery 30-40 Days 30-40 Days e Conclusi on and Recommend a tions : • After reviewing the proposals, we recommend the low bid submitte d by "Pete Honnen Equipme nt Co." in the total amount of/$55,473.60/where by, mee ti ng all specifications to be accepted and award made. ! ___________ ~ • • I • . -· • - • • - ··__:_ ___________________ ----, 1 • SUGGESTED ACTION: MOVED BY ___________ _ I . IC SECOND ___________ _ • • • -• • - 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 3-13-80 Articulated Four-Wheel Drive Loader -"Bid" Gary R. Higbee. Director of Finance; . Public INITIATED BY Kells Waggoner. Director of Works ACTION PROPOSED That Council approve and award to the low bidder for one (1) Articulated Four-Wheel Drive Loader Introduction A total amount of $70,000.00 was budgeted for an Articulated Four-Wheel Drive Loader to be used at the Bi-City Plant for loading sludge. Background Infonnation -The amount of sludge has increased to the point necessitating additional equipment fo1 ~ re rn~val . This additional equipment has been approved in the 1980 budget for Bi-City. Financial Details . Sealed bids were received by the Department of Finance {Purchasing) for supplying this loader. Results were as follows: Company Bid Delivery - Pete Honnen Equipment Company $ 41.742.00 14-21 Days Case Power & Equipment 36,755.00 30-45 Days Power Motive Equipment 36 332.00 In stock A.P.I. Ford Tractor Sales (36'.149.25) In stock • Conclusion and Recommendations After reviewing the proposals, we recommend the low bid submitted by A.P .I. Ford Tractor Sales in the total amount of $36,149.25 where by. meeting all specifications to be accepted and award made. • I . . -- t • • • - • • - .· • • I . SUGGESTED ACTION: MOVED BY __________ _ . ~ SECOND ___________ _ YES ____ NO ____ ABSENT _______________ _ • ' I • _".)...;In - I ! c I • • • • • 6 0 C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJl;'CT March 13, 1980 Tandem Truck Tractors Bid Kells Waggoner, Director of Public Works INITIATED BY Gacy R Hili>ee Director of finance ACTION PROPOSED That Council approve and award bid to "Colorado Kenworth" • for two (2) Tandem Truck Tractors Introduction: Two (2) Tandem Truck Tractors are in the 1980 budget for the Wastewater Treatment Plant. Background Information: The amount of sludge processed by the plant each day is ITl)re than the current trucks can haul. Th•! new trucks will not only prevent the necessity of dumping on the ground, but w;11 also be more efficient requiring fewer hauls to the land fill. Financial Details: Sealed bids wer~ received by the Department of Finance (Purchasing) for supplying these trucks. Price quotes, comments and reconwendations are as follows : Specifications (All units met specified specifications) Co11F4ny Mack Trucks Denver Freight Liner Denver Peterb11t Inc. Burt Chevrolet White ltltor Corp. f't>untain States Ford Colorado Kenworth International Harvester Total Bid $93,612.80 88,802 .00 87,402.00 81 ,010.72 79,837.60 79, 102. 56 Low Bidders /75.200.00 7 74.700.00 Delivery 180 Days 90-120 Days 100 Days Not Specified 120-130 Days 120 Days Difference ---------------500.00-----------------50 Days • I . . - - - • • • • • Rec011111endat ion ~ /colorado Kenworth $75,200.00 50 Days less Delivery --------·~--.. ...Ii ~ .. • Pros and/or Cons: International Harvester has been on strike since Noveri>er l, 1979. They feel the strike should be settled by the later part of March . However, there is no guarantee of this happening. Their estimated date of delivery is 50 days longer than Colorado Kenworth, the next lowest bidder. Conclusion and RecollJ!i!ndations: Due to the time element of 50 days delivery and a price difference of only $500.00 between the two vendors, 1t 1s reconmended the bid from Colorado Kenworth for a total of $75,~00.00 would be 1n the best interest of the City . SUGGESTED ACTION: MOVED BY~~~~~~~~~~~~~ SECOND~~~~~~~~~~~~~ • l I I _, I . - • • c • • • 6 H 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 One (l) Tandem Axle Semi-Trailer and March 17, 1980 One (l) Acid Tank Trailer "Bids" Kells Waggoner, INITIATED BY Gary R. Higbee, ACTION PROPOSED That Council approve and award bids for one (l) Tandem Axle Semi- Trailer and one (l) Acid Tank Trailer Introduction: These two (2) trailers are in the 1980 budget for the Wastewater Treatment Plant. Background Infon11ation: The Tandem Axle Trailer will be used in hauling sludge reducing the trips to the landfill by half and give more in-house storage on wheels . The Acid Tank Trailer will permit shipment of chemicals in bulk by railroad car and then transported to the plant. It is estimated this will save $100,000 in chemical costs each year. Financial Details: Sealed bids were requested from eight vendors for supplying these two trailers. Only two vendors submitted bid~ presumably being the only ones that could meet specifications. Price quotes and comnents are as follows: One (l) Acid Tank Trailer /one Bidcler Onlv/ Company Fruehauf Corporation Total Bid A26.a52.oo I Delivery Company 50 Days One (l) Tandem Axle Trailer /one Bidder Only/ Total Bid American Transportation Co. /$24,a22.oo I Deli very 30-45 Days I ______________________________ ___, • • I . - - • Conclusion and Reconmendations: Whereby meeting a 11 spec if i !;a_ti_qm._, . i.! awarded and 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 SUBJE'CT March 20, 1980 Street Sweeper Bid INITIATED BY Kells Wa2goner, Director of Public Works & Gary Higbee, Director of Finar ce ACTION PROPOSED That Council approve and award the bid for a purchase of one (1) Street Swee2er Introduction In the 1980 Capital Equipment Replacement Fund (CERF) one (1) street sweeper was budgeted. I,_ Background Infonnation The nonnal longevity of a street sweeper is five (5) years, in the City's sweeping program. This sweeper will replace a 1975 Mobil Sweeper which will be sold at the City's annual auction in October, 1980. Financial Details Sealed bids were received by the Department of Finance (Purchasing) for supplying this sweeper. Price quotes, comments and recommendations are as follows: Did Not Meet S2ecifications • Compan.l'. Bid Make Deliver.l'. Farris Machinery Company $57 ,778.00 Elgin Roadrunner 14-16 Weeks MacDonald Equipment Company 45,888.50 90 Days Met Specifications Compan.l'. Bid Make Del iver.l'. -- Booth-Roose Equipment Co. $53,510 FMC Wayne 90-100 Days H W Moore 47,397 Mobile TE-3 Sept. 1980 • I . I ...._ • • - ( • • • • • • Page 2 Pros and Cons The Elgin Road Runner and the M.B. RS300 do not meet specifications, inasmuch as they are equipped with single controls and the bid calls for dual controls. A review of the total operating costs between the Mobil Sweeper and the FMC Sweeper has been completed by ServiCenter personnel. It has been determined that over the first 18 months of operation, the FMC Sweeper has a lower operating cost by $1,841. Experience has shown the FMC to consumer approximately 910 gallons of fuel less than the Mobil on an annual basis. With a very conservative estimate savings for parts and fuel would be approximately $9,847.80. Should our fuel costs increase at a higher rate than 10% per year, then our savings would increase accordingly. Another way to view the operation is that we would consumer less fuel (4,500 gallons) over a five-year period by using the FMC Sweeper. The figures used are based upon actual usage by the City of each brand of equipment and it is expected that the same type of comparison could be projected over the life of the equipment. Conclusions and Recornnendations City staff has been concerned about the future cost and availability of fuel for the operation of the entire City fleet. The Capital Equipment Replacement Fund (from which the sweeper will be purchased) has taken energy use into account in purchasing vehicles for 1980. Council should consider the Pros and Cons section above and award the bid to H. W. Moore for the Mobile Sweeper as low bid or award the bid to Booth-Rouse for the FMC Wayne Sweeper as the lowest best bid. Both sweepers do a comparable job in clean.ing of streets . SUGGESTED ACTION: MOVED BY ____________ _ SECOND _____________ _ • I . - • • • • • • • • 1 B BY AUTHORITY ORDINANCE NO. SERIES OF 198~0~~~ COUNCIL BILL NO. 7 INTROD~DD B B~Y COUNCIL MEMBER / a4JI ~~~~~~~~ A BILL FOR AN ORDINANCE GRANTING TO THE CITY AND COUNTY OF DENVER, STATE OF COLORADO, A MUNICIPAL CORPORATION, ACTING BY, THROUGH AND FOR THE USE OF ITS BOARD OF WATER COMMISSIONERS, A PERMIT TO CONSTRUCT AND MAINTAIN A WATER CONDUIT THROUGH THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION, AND DECLARING AN EMERGENCY. BE IT ORDIANED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Upon the conditions hereinafter set forth, there is hereby granted to the City and County of Denver a municipal corpora- tion of the State of Colorado, sometimes hereinafter referred to as "Denver", for the use of its Board of Water Commissioners, sometimes hereinafter referred to as the "Board", a permit to construct, operate and maintain an eight-(8) inch water main under and across certain hereinafter described roads, streets and property in the City of Englewood, Colorado, sometimes hereinafter referred to as "Englewood", to wit: Situate in the SE 1/4 of NW 1/4 of Section 33, Township 4 South, Range 68 West of the 6th Principal Meridian, City of Englewood, County of Arapahoe, State of Colorado, and along the center- line more particularly described as follows: BEGINNING at the center of said Section 33, thence N 89°50'00" W a distance of 396.74 feet; thence N 90°00'00" w a distance of 19.0 feet to the true point of beginning; thence N 89°50'00" W a parallel to the North line of West Dartmouth Avenue a distance of 282.0 feet to the point of terminus. Section 2. The foregoing right, permit and license is granted only upon the following express terms and conditions, to wit: a. All rights hereunder shall be exercised in such manner as to cause the least possible inconvenience to those entitled to make use of the streets or avenues involved and the least possible obstruction to travel in and along said streets or avenues. To this end, the Board shall, wherever possible, always leave open at least one-half of roads, streets or avenues adjacent to or crossing the e xcavations and construction work of the Board and shall take all pos- sible precautions to prevent accidents and injuries in connection with any of its work along the avenues and streets hereinabove mentioned. In no event, during the process of construction and laying of said • I - - • • • • • • • • conduit, or the maintenance thereof, shall any public or private street, alley or right-of-way be obstructed to travel for a con- tinuous period of more than four (4) days. During the construction and maintenance of said conduit, there shall at no time be stored or left on the surface of the streets, alleys or other rights-of-way of the City of Englewood any pipe, materials or equipment used in construction and maintenance of said conduit for a period of more than two (2) weeks at any one location before putting to use. b. Should it become necessary for the Board, during the excava- tion for, or the installation or maintenance of, the said conduit to disconnect any house service lines from any lines presently in place in said streets or avenues, the Board shall cause the same to be done in such a manner as to cause the least possible delay and inconve~ience to the water users thereof, and the interruptions in water service to any property shall, in no case, exceed a period of six (6) hours. All disconnection and reconnection of any such water service lines shall be done in a good and workmanlike manner and all expenses incurred therein shall be the sole responsibility of the Board. c. All excavation and construction, installation and maintenance work which the Board shall undertake pursuant to this permit shall be subject to the inspection by a competent and qualified inspector who shall represent the City, and the Board agrees to comply with all reasonable requests thereof in the performance of said work. All such work shall be performed so as not to interfere with or damage any utility lines owned by the City or private utilities existing within such street. After each excavation, the street shall be refilled; the upper 7 inches of fill shall consist of 4 inches of asphaltic base and 3 inches of asphaltic concrete surfacing, surfac- ing to apply where existing surfacing is disturbed. All of the afore- said work shall be free from settlement arising out of any excavation. There shall be properly designed concrete encasements required at each pipeline crossing of sanitary sewer lines and water lines so as to eliminate foreign pressure and stresses upon the Englewood sewer and water installations. The foregoing shall be subject to the approval of a representative of the Director of Public Works of the City of Englewood, Colorado. Any consequential damage to side streets, the surface, or installations thereon, approaching the various intersec- tions with the right-of-way hereinabove granted because of pipe and material storage and heavy equipment movement, or from other causes, shall be repaired or replaced in their original condition at the sole expense of the Board. d. Denver and the Board, its seccessors and assigns, shall at all times save and keep harmless the City of Englewood and its City council and other officers and employees from any and all damages -2- • I • - - , • • • • • • • • • that may in any manner arise from the granting of this permit and the exercise of any rights granted hereunder; provided, however, that the Board, its successors and assigns, shall not be so held liable unless given full opportunity to defend any such claims. Section 3. Nothing herein shall be construed as granting to Denver or the Board any rights other than the permit herein expressly de- fined and set forth, nor shall anything in this Ordinance be construed as granting an exclusive privilege to Denver or the Board, it being understood that the right of Englewood to grant the use of its roads, streets, avenues, alleys and other public rights-of-way to others for public and private purposes is fully reserved to Englewood consistent, however, with the full exercise of the rights granted by this permit. Section 4. A copy of this Ordinance, signed by the Mayor and the City Clerk of the City of Englewood, Colorado, shall be sufficient evidence of the permit herein granted. The acceptance of this permit by Resolution of the Board, a copy of which shall be duly certified to the Clerk of the City of Englewood, Colorado, and the commencement of the work hereunder shall be conclusive evidence of the acceptance by the Board of all the terms and conditions of this Ordinance, and the Board agrees to perform such terms and conditions. Section 5. It is expressly understood and agreed that the granting and acceptance of this permit is and shall be without prejudice to any rights or obligations of the City and County of Denver, Colorado, or its Board of Water Commissioners, or the City of Englewood, Colorado, or any inhabitants thereof. Section 6. In the opinion of the City Council for the City of Englewood, Colorado, this Ordinance is necessary for the preservation of public property, health, peace or safety in that the City and County of Denver, Colorado, acting by and through its duly consti- tuted and appointed Board of Water Commissioners, is urgently in need of the right-of-way herein granted for the construction of the water main herein set forth, and this Ordinance shall take effect upon publication following final passage . Introduced, read in full and passed on first reading on the 24th day of March, 1980. Published as a Bill for an Ordinance on th~(p ch day of March, 1980. Attest : Mayor ex offic i o city Clerk-Treasurer -3- • • I • - - , • • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 24th day of March, 1980. Gary R. Higbee • I • - • • • • • BY AUTH ORITY ORDINANCE NO. SERIES OF 198~0~~~ Draft 2/12/8 0 2nd Draft 3/19/80 ? A . CO UNCI L BILL NO. 5 INTP-QPUCED BY ~ A BILL FOR ~ rvt <)~,0~~ n. '!J I(_/)~~ ·ORDINANCE REPEALING AND REENACTING WI 'l'H AMENDMENTS ORDINANCE ~. NO. 33, SERIES OF 1967, GRANTING TO MOUNTAIN STATES VIDEO, A fat ..,.,,_!CINERSH!P, A NONEXCLUSIVE, REVOCABLE PERMIT AND LICE NSE TO OPERATE WITHIN THE CITY OF ENGLEIVOOD, COLORADO, A SYSTEM FOR RECEPTION AND DISTRIBUTION OF PICTURES AND SOUNDS BY CABLE, SOME- I , • TIMES KNOWN AS A CABLE TELEVISION SYSTEM, AND PROVIDING CONDITI ONS AND REGULATIONS RELATING THERETO. /J d .1 -!./ ~ -~Lil ~ v I -10 WHEREAS, Mountain states Video, a ~r£ner3nip, has made application to the City Council of the City of Englewood f o r the issuance to it of a nonexclusive, revocable permit and license to install, operate and maintain within the boundaries of the City of Englewood a cabl e t e levision system, as hereinafter defin e d; an d WHEREAS, the City Council, after due investigation and con- sideration, has determined that the installation, operation and maintenance of such a syst~~~~,dl;~~ic interest and that Mountain States Video, ~~-rs~capable, pursuant to the provisions hereof, competent and willing to install, oper- ate and maintain the same. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Se ction 1. Short Title. This Ordinance shall be known and may be cited as the "Mountain States Video Community Antenna Television Authority". Sec tion 2. Definitio ns. For the purposes of this Ordinance, the fol~.owing terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandato ry a nd not merely directory . (1 ) "City " i s the City of Englewood, Colorado. (2) "Council" is the City Council of Englewood, Colorado. (3) "Cable Communication System", "Cable System", "CATV" or "System" shall mean a system of coaxial cable or other electrical • I - • • • • • • • conductors and equipment used or to be used to originate or rec e ive television or radio signals directly or indirectly off the air and to transmit them via cable to subscribers for a fixed or variable fee, including the origination, receipt, transmission, and distrib u- tion of voices, sound signals, pictures, visual images, digital signals, telemetry, or any other type of closed circuit transmission by means of electrical impulses, whether or not directed or originat- ing signals or receiving signals off the air . (4) "Person" is any person, firm, partnership, association, c o rporation, compa ny or organization of any kind. (5) "Grantee" shall mean and include Moun~ain States Video , all persons having any rights, powers, privileges, duties, liabili- ties o r obligations under this ordinance, and also all persons hav- ing o r claiming any title or interest in or to the system, whether by reason of the permit itself or any subcontract, transfer, assign- ment, mortgage, pledge, hypothecation, security agreement, management agreement or operating agreement, or otherwise arising or created. (6) "Permit" when used in this ordinance shall mean the Revocable Permit granted by this Ordinance and pursuant to the Ordinances of the City of Englewood and the Charter of the City o f Englewood; and subject to all limitations and restrictions contained therein. (7) "Access Channels" shall mean those channels which, by the terms of this Ordinance, are required to kept available by the t Gr antee for partial or total dedication to public access, educational access, or local government access. (8) "Public Agency" shall mean an agency which is supported wholly, or substantially, by public funds. (9) "Subscriber" shall mean a person or organization wh ose premises are physically wired to receive any transmission from the System. (10) "Subscriber Service Drop" shall mean such extension wir- ing from the Grantee's distribution lines to a subscriber's building. (11) "User" denotes a person utilizing a System channel as a producer, for the purposes of production and/or transmission of material, or as a subscriber, for purposes of receipt of material. Section 3 . Grant of Nonexclusive Revocable Permit. (a) There is hereby granted by the City to Grantee a Revocab l e Permit for the right and privi lege to construct, erect, operate and maintain in, upon, along, across, above, over and under the easemen t s , streets, alleys, public ways and public places now laid out or dedi- cated, and all exte nsions thereof, and additio ns thereto, in the City, wires, cables , underground conduits , manholes, and other tele- vision conductors and fixtures necessary for the maintenance and operation in the City of a CATV system for the interception, origina- tion, sale and distribution of television, radio and other commun i- cations signals which shall be nonexclusive and revocable in accord- ance with the Charter and Ordinances of the City, and shall be for u -2- • I • • - - • • • • • • • pe r i od of f i fteen (15 ) years from the effec t ive da t e of t h is Ordina n c e . Th e within Ord i na nce sha ll b e r eviewed after eac h fi v e -(5 ) ye ar pe r iod. (b) The r i gh t to use a nd occupy said stree ts, a lleys, p u b l i c wa ys and places for the purposes herein set forth sha ll not b e e xclusive , and the Ci ty reserves the right to grant a similar use or any ott1er use of s aid streets, alleys, e asements, public way s and p laces, to any person a t any time . (c) Any permit granted hereunder shall be subject to the right of t he City: (i) to repeal the same for misuse, nonuse, or the fail- ure to comply with the provisions of this Ordinance, or any other local, state or fed e ral laws, or Federal Commun i cations Commission rules or regulations in force on the effe citve date of this Ordinance ; (ii) to require proper and adequate extension of service t o all residents of the City living in areas with a density of se venty-five (75) "potential" subscribers per technical mile or g reater. (Technical mile is defined as one aerial or two underground mi les.) Construction on the CATV system shall commence within ninet y (90) days from the effe ctive date of this permit. The grantee shall c ommence and pursue a construction timetable which will make avail- able and provide CATV service to 75% of the potential subscribers wi thin one year from the effective date of this permit. Thereafter, the grantee shall continue to make orderly extension of service with a ll due and reasonable diligence to other areas of the City. In any event, Grantee shall complete within three (3) years the necessary c o nstruction to mak e s e rvice available to all potential subscribers. Grantee shall not be obligated to make service available to those areas of the City that have less than 75 potential subscribers pe r cable mile as measure d from the end of the nearest cable . Unde r- ground development will proceed with all due speed and reasonable di ligence. Grantee s h a ll di lig e ntly p ursue construct i on of the CATV sy stem, but if by reason of force majeure it is unable, in whole or i n par t , t o ca r ry o u t its obl ig a tions unde r this Ordinance, it shall no t be deemed i n de fault dur ing the continuation of such inability to p e rfo r m. The term "force maje ure " sha ll me an , wi thout limitation, t he following : acts of God, strikes, lockouts or other industrial di sturbances , act s of p ub l ic enemie s, orde rs of any gove rnme nt o f the Uni ted S t a t e s or o f t he State of Colorado, or of any of their dep artme n t s , c ommissions , a gen cie s, or officials, failure of vendors t o supply eq u i p me nt o n a timely basis, weather, and any other cause o r e vent not r ea s o n a bly wi thin t h e control of Grantee. -3 - • I • - • • • • • • (iii) to establish reasonable standards of service and q uality of products a nd t o p rev e nt un j ust discrimination in s e rvi ce o r rates; (i v ) t o requ i r e con tinuous a nd uninterrupted service t o the publ :.c in accordan ce wi th t he terms of the permit throughout the entire p e r i od t he r e of. (v) t o i mpose such other r e gulations as ma y be d e t e r- mined by the Council to be conducive to the safety, we lfare and accommodation of the public. (d) The City reserves the righ t to revoke this p e rmit at an y time Grantee breaches any of the terms hereof upon the giving of ninety (90) days' written notice thereof to the Grantee, provide d, however, that before this permit may be terminated and cancelled, Grantee ~ust be provided with an opportunity to be heard before City Council. Section 4. Compliance with Applicable Laws and Ordinances. The Grantee shall, at all times during the life of this permit, be subject to all lawful exercise of the police power by the City and to such reasonable regulations as the City, State, or Federal laws shall hereafter provide, or Federal Communications Commision rules and regulations. Should the F.C.C. modify the provisions of their rules and regulations r e lating to federal-local regulatory relation- ships, the City shall then amend this Ordinance within six months of the effective date of the modification, to be in conformance with said modification. Section 5. Territorial Area Involved. This permit relates to the present territorial limits of the City and to any area hence- forth added thereto during the term of this permit (ordinarily co-extensive with the city limits of the City of Englewood). Section 6. Liability and Indemnification. (a) The Grantee shall pay and by its acceptance of this p ermit Grantee specifically agrees that it will pay all damages and penalties which the City may legally be required to pay as a result o f granting this permit. These damages or penalties shall include, but shall not be limited to, damages arising out of copyright i nfr i ngements, unautho rized taking, royalty payments, and all othe r d amages arising o ut o f t he installation, operation, or maintenance o f the CATV system autho riz e d h e rein, whether or not any act or o mission complained o f i s authorized, allowed, or prohibited by this permi t . (b) The Grante e shall pay and,by its acceptance of this permit, specifically agrees that it will pay all expenses incurred by the City i n defen ding itself with regard to all damages and penalties mentio ned in subsection (a) above . These expenses shall include a ll out-o f-p o c k e t expenses, such as attorney fe e s, and shall a lso i n c lude the reasonable value of any services rendered by th e City Attorne y or h is assistants or any employees of the City . -4- • I • - • • • • • • (c) The Grantee shall maintain and, by its acceptance of this permit, specifically agrees that it will maintain, commencing at the time F.C.C. approval is obtained and thereafter, throughout the term of this permit, liability insurance insuring the City and the Grantee with regard t o all damages mentioned in subparagraph (a) above in the minimum amounts of : (1) Five Hundred Thousand Dollars ($500,000) for b odil y injury or death to any person, within the limit , however , of One Million Dollars ($1,000,000) for bodily injury o r death r esu lting from any one accident. (2) Five Hundred Thousand Dollars ($500 ,000) for property damage resulting from any one acciden t . (3) Two Hundred Fifty Thousand Dollars ($250,000) fo r all other types of liability. (d) The Grantee shall maintain and, by its acceptance of thi s permit, specifically agrees that it will maintain, commencing at the date upon which this permit is granted and throughout the term of this permit, a faithful performance bond running to the City in the penal SUJll of Fifty Thousand Dollars ($50,000) conditioned that the Grantee shall well and truly observe, fulfill, and perform each term and condition of this permit and that in case of any breach of condition of the bond, or this permit, the amount thereof shall be recoverable from the principal and sureties thereof by the City for all damages proximately resulting from the fialure of Grantee to well and faithfully observe and perform any provisions of this permit. Grantee will maintain a Two Hundred Fifty Thousand Dollar ($250,000) faithful performance bond until such time that construc- tion commences. Upon collVllencement of construction, the faithful performance bond will be reduced to One Hundred Thousand Dollars ($100,000) and further reduced to Fifty Thousand Dollars ($50,000) at the completion of providing cable to 80 % of the current 1979 housecount. (e) The insuran ce policy and bond obtained by Grantee in compliance with this section must be approved by the City Council and such insurance policy and bond, along with written evidence of payment of required premiwns which shall promptly be paid by Grantee as they come due, sha ll be filed and maintained with the City Cl erk during the term of this permit • Section 7. Pay TV. The Grantee is permitted to deliver television s ignals, directly or indirectly , from any pay-television source as sanctioned and approved by FCC rules and regulations. Section 8. Color TV. The facilities used by the Grantee shall be c apable of distributing color TV signals, and when the signals the Grantee distributes are received in color, they shall be distributed in color where technically feasible. Section 9. Si~nal Qualitt Requirements. Grantee shall be in accordance wit the speci ications and requirements promulgated by t h e FCC: -5- • I • - ' • • • • • • (l) Produce a picture, whether in black and white or color, that is undistorted, free from g host images, and accompanied with proper sound on typical standard production TV sets in good repair, and as good as the state of the art allows; (2) Transmit signals of adequate strength to produce good pictures with good sound at all outle ts without causing cross- modulation in the cables or interfering with other electrical or electronic systems; (3) Limit failures to a minimum by locating and correcting malfunctions promptly but, in no event, longer than seven (7) days after notice; (4) Demonstrate by instruments and otherwis e to subscriber s that a 3ignal of adequate strength and quality is being delivered and meets all relevant specifications of FCC and other applicable federal, state and local regulations. Section 10. Operation and Maintenance of System. (~) Grantee shall render efficient service, make repairs promptlz, and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the system. ..v _;-y . (b) Grantee shall maintain an office within the City limit~(~ which shall be open during all usual business hours, have a listed~~ telephone, and be so operated that complaints and requests for {&)~ repairs or adjustments may be received at any time. ./!.ad.J.a~ (c) Grantee shall comply with any other agreements with the ~w-~)-- City for the maintenance of buildings within the City. · ~ Section 11. Carriage of Signals. All FCC regulations shall be complied with regarding the carriage of the programming of any existing or future television broadcasting station which covers the City in its principal broadcasting area. Grantee's distribution system shall be capable of carrying at least Thirty-five (35) channels on trunk cable construction and have two-way communication capacity. State of the Art. The Grantee shall upgrade its facilities, equipment and service so that its system is as advanced as the current state of production technology will allow. The Grantee shall install additional channel capacity as required to keep channel capacity in excess of the demand therefor by users. At all times, each cable system shall be no less advanced than any o ther system of comparable size, excepting only systems which are experimental, pilot or demonstration. The City may order a grantee to comply with this section in case of specific violations which it may investigate upon complaint or on its own motion. Use of Channels. (a) A minimum of Three (3) of the Grantee's channels shall be dedicated as access channels. Should said Three (3) access channels be used more than 80% of the time, then Grantee shall grant -6- • I • - • • • • • • additional access c h ann el s as ma y b e n e cessary to mee t e xi sti ng . requirements. ~ ~ /Y)'l4 u x. tJ-f ~ {b) The Grantee shall provide one ~••••8 studioAwhich shal l be equipped to cable-cast or video-tape programs simultaneously for use in producing programs for access channels and shall in clud e cameras, slide and film chain, ..P9r.t.9bJ.e cameras and recorders, and other appropriatA_e~!PE'ent{~~cos'tO"t'maintenance of the studi o and equipmentj(!Hta~I'De'o o rne b y th e Gr an t ee . {.c) The Grantee is encouraged to employ a program and produ c - tion director to promote public use of the access channels and t o advise such public users.(:~~ ~l.,LlJ_, Interconnections. The Grantee may and shall, at the request of the City, interconnect by microwave or cable, its cabl e system with all other c o n t i guous ca ble systems. The Grantee ma y interconnect with any othe r s y s t em o r service, at such time as interconnect is practical and v ia b l e . Sec t i on 12. (a) Program Alteration. All programs of broadcasting stat ion s c arr i ed by the Grantee shall be carrie d in their entirety as r e c e ived with announcements and advertisements and without additions, dele- t ions or alterations. EXCEPTION: The foregoing restriction on pro - gramming alterations shall not be applicable in any national or l o cal emergency. (b) Parental Control Device. A device, parent guidance key, shall be made available to residents at a cost of materials plus h andling charges which would enable a subscriber to voluntarily lock out progranvning o n a p a y channel. Section 13. Service to Scho ols and City . {a) The Grantee shall provide on e s e rvice outlet to publi c and parochial school locations within the City for educational p urposes upon request by t he City and at no cost to it or to the school system. There after, e ach additional service outlet shall be installed at cost o f time and materials onl y . The Grante e may, at its electio n, pro vi de s imilar s ervice outlets to private schools . (b ) The Gr a nte e s hall provide t o the City , at no c o st t o the City , one separate channel fo r t h e programming by the City of p ubl ic info rmation, sa i d cha nnel to h a ve the ability to accept transmissions from the City Ha ll, Ci ty Hall Annex or the Public Library within the City. Section 14. Emergenc y Use of Fac ilities. In the case of any City, State, Local or Natio na l emergency or disaster, the Grantee shall, upon request of the City Council, its bona fide representative, or City o f f ic i al , ma ke a v a ilable its facilities to the Ci ty f or e me r - g e n c y u s e d u r ing the e mergency or disaster period. -7- • I • - • • • • • • Sec tion 15. Other Business Activit ie s. (a) The Grantee hereun der s h al l not engage in the b usin~ss of selling, repairing, or installing te l evision receiver~, radi ~ receivers or accessories for such receivers within the City dur i ng the term of this permit. (b) This permit authorizes o n ly t h e ope r a tio n of a CATV system as provided for herein and does not take th e place o f a ny other certificate, license, or permit which might b e r e quired by law of the Grantee. Section 16. Safety Requireme nts. (a) The Grante e shall at all times employ ordin a r y ca r e a nd shall install and maintain in use commonly a c cepted industry methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. (b) The Grantee shall install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements o f the Ordinances, Code and Regulations of the City of Englewood, and in such manner that they will not interfere with any installations of the City or of a public utility serving the City. (c) All struc tures and all lines, equipment, and connections in, over, under, and upon the streets, sidewalks, alleys, and publ ic wa ys or places of the City, where ver situated or locate d, shall a t a ll times be kept and maintained in a safe, suitable, substantial condition, and in g ood o rder and r e pair. (d) The Grantee shall maintain a force of one or more resident agents or employees at all times and shall have sufficient employee s to prov\de safe, adequate, and prompt service f or its facilities. Section 17. New Developments. It shall be the policy of the City liberally to amend this permit, upon application of the Grantee or on City's own initiative, when necessary to enable the Grantee to take advsntage of any developments in the field of transmission of television and radio signals which will afford it an opportunity more effectively, efficie ntly, or economically to serve its cu s - tomers. Provided, however, that this section shall not be con- strued to require t h e City t o make a n y a mendment or to p r o hibit it from uni l aterally c ha n ging i ts po l icy stated herein. Section 18. Condi t i on s on Str eet Oc cupancy . (a ) All transmi s sions and dis tribution s t ructures, line s, an d equ i pment erected by the Gran tee within the City shall be s o located as t o cause min i mu m in terference with the proper use of streets, alleys, and o the r pub lic ways a nd place s, and to cause minimum interference with the rights and reasonable convenience of p roperty owners who j oin any of the said streets, alleys or other public ways and places. (b ) In case o f d i sturbance of any street, sidewalk, alley, public wa y , grassed o r paved area, or any othe r public or private -8 - • I • - • • • • • • property, the Grantee sha ll, at its o wn cos t and expense and in a manner approved by the Director of Public Work s in the City, replace and restore such street , sidewalk, all ey , public wa y , grassed or paved area, or any other public or private property in a s good a conditi on as b e for e the work invo lvin g suc h di sturba n ce was done. (c) If a t an y time during the period of this permit the City shall lawfully e lect to alter or change the grade of any street, sidewalk, alley, or other public way, the Grantee, upon reasonable notice by the City, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at its own expense. (d) Any fixtures placed in any public way by the Grantee shall be placed in such a manner as not to interfere with the usual travel on such public way. (e) The Grantee shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the Grantee shall have the authority to require such payment in advance. The Grantee shall be given not less than forty-eight (48) hours' advance notice to arrange for such temporary wire changes. (f) The Grantee shall have the authority to trim trees upon and overhanging the streets, alleys, sidewalks, and public ways and places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the Grantee, except that at the option of the City, such trimming may be done by it under its supervision and direction at the expense of Grantee. (g) All cables, wires or other like facilities shall be placed overhead where there are existing overhead facilities. At such time as other like facilities are required by law or ordinance of the City to go undergro und, or already exist und erg round, the Grantee shall also be required to place its facilities underground . The Grantee shall be e ncourage d to e nter into bilateral or trilateral undergrounding agreements with other utilities. Section 19. Preferential or Discriminator Practices Prohibited. The Grantee s a not, as to rate, c arges, service, service facilities, rules, regulations, or in any other respect, make or grant any undue p reference or advantage to any person, nor subject any person to prejudice or disadvantage. -9- • I • ....... r • • • • • • Section 20. Removal of Facilities upon Request. Upon termination of service to any subscriber, the Grantee shall promptly remove all its facilities and equipment fr om the prem ises of such subscriber upon his request. Section 21. Transfer of Permit. The Grantee shall not transfer this permit to another person without prior approval of the City Council by Resolution. Section 22. Transactions Affectin Ownershi of Facilities. The Grantee shall at a 1 times be the ull an complete owner of all facilities and property, real and personal, of the CATV business, provided, however, Grantee may lease personal property necessary for the operation of its business and real property and it may grant security interests in the CATV system to persons providing financing to Grantee. Section 23. Change of Control of Grantee. Prior approval of the City Council shall be required where ownership or control of more than thirty percent (30%) of the right of control of Grantee is acquired by a person or group of persons acting in concert, none of whom already own or control thirty percent (30%) or more of s uch righ~ of control, singularly or collectively. By its acce pt- ance of this permit, the Grantee specifically grants and agrees that a ny such acquisition occurring without prior approval of the City Council shall constitute a violation of this permit by the Grantee. Dissolution of Grantee and distributions of its assets to its partners, mergers of Grantee's partners with companies a lready affiliated wi t h Grantee and transfers to partnerships of which Grantee, or an affiliate of Grantee, is the controlling general partner do not requir e approval . Section 24. Filings and Communications with Regulatory Agencies. Copies of all petitions, applic ations and communications submitted by the Grantee to the Federal Communications Commission, Securities and Exchange Commissio n, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting CATV operation s authorized pursuant to this permit shall also be submitted simultaneously to the City Council . Section 25. City Rights in Permit. (a) The right is hereby reserved to the City or the City Council to adopt, in addition to the provisions contained herein, and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power; provide6 that such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the rights herein granted. -10- • I • - < • • • • • • (b) The City shall have the right to inspect the books, records, maps, plans, income tax returns, and other like material s of the Crantee at any time during normal business hours. (c) The City shall have the right, during the life of thi s permit, to install and maintain free of charge upon the poles of the Grantee any wire and pole fixtures necessary for a police alarm system, o n the condition that such wire and pole fixtures do not interfere with the CATV operations of the Grantee. (d) The City shall have the right to supervise all construction or installation work performed subject to the provisions of this permit and make such inspections as it shall find necessary to in- sure compliance with the terms of this permit and other pertinent provisions of law. (e) Upon termination or cancellation of this permit, as pro- vided for herein, the City shall have the right to require the Grantee to remove at its own expense all portions of the CATV sys - tem from all public ways within the City. (f) The City may grant any number of p e rmits f o r a CATV system within the City without prejudice to this p e rm it and co- existent with this permit, and without notification to Grantee. Section 26. Maps, Plats and Reports. (a) The Grantee shall file with the City Clerk true and accurate maps or plats of all existing and proposed installations. (b) ~e shall fil e annually with the Ci t y Cl e rk,not later than days after the end of the Grantee's fiscal year, a copy of its report t o its stockholders (if it prepares su ch a report), an income statement of its properties devoted to CATV operations, by categories, giving its investment in such propert ies on the basis of original cost, less applicable depreciation. These reports shall be prepared o r approved by a certified public accou nL- ant and there shall be submitted along with them such other reason- able information as the City Council shall request with respect t o the Grantee's properties and expenses related to its CATV opera- tions within the City . (c) The Grantee shal l keep on file with the City Clerk a current list of its partners. Section 27. Permit Fees. · (a) The company ~1 rcol1ect from its to the City the following permit 'tees for use facilities of t~ity in the ope ation of t tem andior the municipal of. -11- • s-I • • - { • • • • • • collect from each basic "cable only" subscriber $0.40 for each full calend~r month of service. The company shall collect from each "prem'um• subscriber $0.70 for each full calendar month _oz s ervice . Such ees shall be prorated on a daily basis for pa r tial mon~hs and shall be remitted to the City C on a quarterly basis withli.n sixt (60) days after the en of ch calendar quarter. With each erly payment to the c ·~y th company shal,l file a quarterly ment setting forth e tot amounts received during the quart e r each class of sub ribers nd thez.ota · amounts of permit fees cla be ected during the om each su class under this section. event of an increas in subscriber rates for any ser e, the permit ided for in this section shall ,,,....ma..,,-i'cally increased by for each $0.20 of rate increase. 1 (c~ No acceptance of any payment by the City shall be con- strued a~ release Q or in atisfaction of an aim e City might have for further additional sums payable _)!llder the term of this Or~inance or for any other erformance obligation of the company he~un~ ~n the event tha any ent is not made wh n due, the company shall be subject to t enalty provided for in Se ion ~~- (d) Fees paid ~company to the City er t is section sh 11 be considere an add 'tion to and exclu · e of any ~nd all ta es, business icense fee or other le · s or assessmertts which ar now or w 'ch may hereafter be a rized by the laws o~e Uni d S es, State of Colora o, or City. Se ction 28. Forfeiture of Certificate. (a) In addition to all other rights and powers pertaining t o the City by virtue of this permit, or otherwise, the City reserves the right t o terminate and cancel this permit and all rights and privileges of the Grantee hereunder in the event the Grantee: (1) Violates any provision of this permit or any rule, o rder, or determination of the City or City Council made pursuant to this permit, except where such violation, other than of Section 23 or subsection (2) below, is without fault or through excusable neglect; (2) Becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt; (3) Attempts to evade any of the provisions of this permit or practices any fraud or deceit upon the City; (4) Fails to begin construction under this permit within ninety (90) days after the occurrence of the latter of the following: (1) Federal Co l'llflunications Commission approval to import the distant television signals involved, and receipt of all other necessary per- mits, agreements, and authorizations; (2) receipt of approval of Grantee's construction plans by City. (b) Such termination and cancellation shall be by ordinance duly adopted after ninety (90) days' notice to the Grantee and shall in no way affect any of the City's rights under this permit or any -12- • I • - ( ( • • • • • provisions of law. In the event that such termination and cancella- tion depends upon a finding of fact, such finding of fa ct , as mad e by the City Council o r its r ep resentative, shall b e conclusive. Provided, however, that before this permit may be terminated and cancelled under this Section, the Grantee must be provided an oppor- tunity to be heard before the City Council. Section 29. City's Right of Interven t ion . The Grantee agre es not to oppose intervention by the City in any s uit or proceeding to which the Grantee is a party. Section 30. Further Agreement and Waiver bt Grantee. The Grante e further agrees to abide by all provisions o this permit and furth er agrees that it will not at any further time set up as against the City or the City Council the claim that the provisions of this per- mit are unreasonable, arbitrary, or void. Section 31. Duration and Acceptance of Certificate. (a~ This permit and the rights, privileges, and authority hereby granted shall take effect and be in force from and after final passage hereof, subject to the right of Referendum, as pro- vided by law, and shall continue in force and effect until revoked, provided that within thirty (30) days after the date of the passag e of this ordinance the Grantee shall file with the City Clerk it s unconditional acceptance of this permit and promise to comply with and abide by all its provisions, terms, and conditions. Such acceptan~e and promise shall be in writing duly executed and sworn to, by or on behalf of the Grantee, before a Notary Public or other officer authorized by law to administer oaths. (b) Should the Grantee fail to comply with subsection (a) above, it shall acquire no rights, privileges, or authority under t his permit whatever. Section 32. Erection, Removal, and Common User of Poles. (a) No poles or other wire-holding structures shall be erected by the Grantee without prior approval of the City Council with regard to location, height, type and any other pertinent aspect. Howe ver , no location of any pole or wire-holding structure o f the Grantee shall be a vested interest and such poles or struc- tures shall be removed or modified by the Grantee at its own expense whenever the City Council determines that the public con- venience would be enhanced thereby. (b) Where poles or other wire-holding structures already existing for use in serving the City are available for use by the Grantee, but it does not make arrangements for such use, the City Council may require the Grantee to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the Grantee are just and reasonable. -13- • I • - ( ( • • • • • • (c) Where the City or a public utility se rvi ng the City desires to make use of the poles or other wire-holding structures of the Grantee but agreement therefor with the Grante e c annot b e reached, the City Council may require the Grantee to permit such use for such consideration and upon such terms as the Council shall determine to be just and reasonable, if th e Council deter- mines that the use would enhance the public convenience and would not unduly interfere with the Grantee's operations. The Grantee shall make portable video equipment available on a free rental basis to residents pursuant to the following terms and conditions: 1. Grantee may charge residents a reasonable deposit for the safe return of equipment. 2. The user shall be responsible to the Grantee for any loss o f or damage to said equipment. 3. Said equipment shall be available to residents on a "check-out" basis, and Grantee shall be given reasonable notice by a resident who wishes to use said equipment. 4. Residents may not use the equipment for longer than a reasonable period of time, nor more frequently than is reasonable. 5. Grantee may deny use of said equipment by any r e aident who , in the judgment of Grantee, is not competent in the care or use of said equipm-:nt. Section 34. Rates. No charges st}a-1 made by the Grantee to subscriber for its services except in ccordance with the sched- f such charges marked belo~ or in ace rdance with amendments dditions to said schedule which may her after be approved by City except as to fees for premium tele ision. The City shall re er its decision with respect to any requ st by Grantee for a increase within thi ;~y (30) days of the date of such request he rate increase sl)a1.l take effect automa ically unless Grante e stipulate in w~ing to an extension of he thirty-(30) day perio . The City p proval shall not be require for any increases in the sic scriber rates which do not excee 'n total the c umulative percentage increa se in the Denver Consum Price Index published by the Bureau of Labor Statistics, U.S. Depa ent of Labor, using fourth quarter 1978 as a base. (b) -14- • I • - ( • • • • • MONTHLY RATE AND SERVICE CHARGES (Includes 35 channel converters) SERVICE 1. Installation Rates: RATE a. Initial tap-in and connection charges (TV or FM radio, residential or commercial) (aerial plant) 20.00* b. Additional connection at same location 5.00 c. Subsequent connection at a later date 15.00 d. Each relocation at same location 7.50 e. FM with original installation 5.00 f. FM separate installation 15.00 g. Set top converter, if required (refundable deposit) 20.00 h. Reconnection services 15. 00 2. Monthly ' Yearly Rates: a. b. c. First TV or FM radio outlet, residential, commercial, or industrial Additional TV or FM radio outlets, each Converter maintenance fee (yearly) 3. Hotel, motels, and rest homes containing more than ten rental units to which service is provided. a. Cost of installing service to building and units contained therein. b. Monthly rates 4. Multiple dwelling units (contained within one structure or group of structures located in one complex) where all service is billed to one customer • a. Costs of in s talling service to bui l ding and units contained therein b. Monthly rates, per TV outlet according to the following schedule: 1. Nwuber of dwelling units served: -Up to 5 -6 through 49 -50 through 99 -100 and over -15- I, • 8.50 2.50 15.00 Cost + 10% 8.50 + 5.00 Per Additional Unit Cost + 10% 8.00 7.00 6.00 5.50 I - - ( • • • • • • 2. Reconnection services: -Up to 5 -6 through 49 -50 through 99 -100 and over (Installation) 10.00 10.00 10.00 10.00 5. Institutional uses (Governmental, religious, public health care facilities and education) : a. Cost of installing services to building (one outlet) b. Monthly rates (one outlet) c. Fees for additional services may also be charged so long as the rates within each category of use are published and nondiscriminatory 6. Conunercial Rates: a. Cost of installing services b. Monthly rates 7. Studio and equipment usage rates: a. For reasonable noncommercial user (public access, governmental, nonprofit groups, ets. b. Commercial users 8. Rates for governme ntal and educational facilities: a. Installation fees: -One cable outlet (per facility) -More than one outlet (per facility) b. Monthly charges 9. Adve=tising Rates 10. Lease Channel Rates 11. a. Noncommercial b. Commercial Premium Television a. Installation b. Monthly charge c. An additional premium television service will be offered (monthly) -16- • FREE FREE Cost + 10% 5.00 FREE To b e negotiated FREE FREE FREE (within reason) FREE To be negotiated FREE for legitimate Public Access To be negotiated 20.00 9.95 5.95 I • • - ( ( • • • • • • 12. Miscellaneo us Charges and Cre dits a. The Grantee will charge su bscribers not more than $50 for the repair of a converter damaged through the neglect or abuse by subscriber -normal wear excepted. b. The Grantee may charge subscriber not more than $250 for the replacement of a lost or stolen converter device. c. Late Fee -If payment is not received by date shown on subscriber's statement 1.00 d. Returned check 5.00 e. Collection Fee -In the event the Grantee has ordered disconnection for nonpayment of subscriber charges and serviceman receives payment in full of outstanding balance prior to termination of service 10.00 f. Unwarranted Service Calls -In the event a serviceman is called to a subscriber's home and can show that complaint is not related to cable TV service 10.00 g. Prepayment of 1 year's service charges (credit) h. Change of address 10 % 3.50 i. If in the future, the State of Colorado regulates the rates of the Grantee for the service provided for in this permit, this Section shall be of no effect during such state regulation to the extent of any conflict therwith. Provided, that any such regulation by the State of Colorado shall not relieve the Grantee of any of the o ther obligations, rights, or duties imposed upon it by the g ranting of this permit . Section 35. Publication Cost s . The Grantee shall assume the cost of publication of this permit and Ordinance as such publication is requi~ed by law and such is p ayable upon the Grantee's filing of acceptan~e of this permit . Section 36. Separability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. -17- • I • • - ( • • • • • • Section 37. Authority to Amend. The City reserves the ri g h t t o amend th~.s permit at any time b y Ordinance upon giving thir ty (30) days' no~ice to the Grantee o f its intention to do so. Section 38. Acceptance of Grant. The acceptance of thi s g r a n t of a permit shall be made by the Grantee in writing within the thirty-(30) day period immediately following the final passage of this Ordinance. Failure of the Grantee to accept the grant within the period provided for herein shall constitute a revocation of the permit. Section 39. Ordinances Retealed. All Ordinances or parts of Ordinances in conflict wit the provisions of this Ordinance are hereby repealed. This Ordinance repeals and reenacts with amend- ments Ordinance No. 33, Series of 1967, and this Ordinance, as so reenacted and amended shall hereafter supercede in all respects the prior Ordinance, and failure by Grantee, or its predecessors, to perform thereunder, are hereby waived, whether known or unknown, and regardless of any such matter this Ordinance shall be deemed in full force and effect as of the effective date hereof; however, this waiver shall not constitute a waiver of any future violation by Grantee of any term of this Ordinance. Introduced, read in full and passed on first reading on the day of February, 1980. Published as a Bill for an Ordinance on the day of February, 1980. ~~~~ Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbe e , ex o fficio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate, and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the day of February, 1980. Gary R. Higbee -18- • I • - ( ( • • • • • ULU.i.Jt a.H \...e 1'4 U • .J.>, .:>t:!L.J..es O _l.. ..l~O/ All ORDINANCE GRAN T ING TO MOUNTAIN STATES VIDEO, IJIC. A 1• NON-EXCLUSIVE, REVOCABLE PERMIT A110 LICENSE TO OPERATE WITHill TIU CI TY OF ENGLEWOOD, COLORADO , A SYSTEM FOR RECEPTION AND DISTRIBtJTIOll OF PICTURES AND SOUNDS BY CABLE , SOMETDIES 1C1K>W11 AS A CABLE TBLEVI- SION SYSTEll , AND PROVI DING CONDITIONS ANO R!IGULATIC9S RELATIJIG THBllETO. WHEREAS , MOUNTA IN STATES VIDEO , DIC. h•• -de •pplic•tion to the Ci ty Counci l of the Ci ty of En gl~d for the i••u•nce to it of a non-exclueive . r evocab le permit and lieenae to in•tall , oper- ate and ma in tain within the boundaries of the City of Englewood • cable television system, a s he r e1naf ter defined, and lfHEREAS , the City Council after due i nveat i g•tion and con- •itSerati on , ha• det enn1ned that t he i nstallation, operation and aain- ba ... ce or •ucb ii s y s teni .... uld ser·1 e a p\1blic intereet ..... tbat -tain State• Video , Inc. is capable, pursuant to the provi sion• hereof, ccapetent a n d wi ll1n9 t o insta l l, operate and ~•intain the ..... NOW , THEREFORE, BE IT ORDAINED BY THE CITY C009CIL OF TID CITY OF ElllGLEWOOD , aa f ollows: Section 1. -Defin it ion -A• uaed i n thia ordinance the term• "Cable Televi sion System," "C ATV Syatem• or 'C\TV" •hall aean any facil i ty which, in whole or in part . reeeives directly over the air. or via microwave o r other mea na, mnplifiea. or othervi•e modi- fiea, the aiqnals tran11m i tting program• broadcaet by one or ..,re televiaion atation, wherever the station or atationa .. y be located, and diatribute• a11eh signals by wire or cable to subacribing llellbera of the public who pay for such service. The term• •hall al•o in- clude the origination of •ignal• tran .. itting proqr .. e to be re- ceived by televiaion sets, ao long a• the diatribution thereof i• by wire or cable only. The terms shall not , h°"'8ver. include any facility wh ich serve• o n ly the resident• of one or acre dwelling under CClllaOn ownership , control or maneg .. ent and ccmmercial eat9b- lh'laenta located on the aame pr-iaea. Section 2. -Grant of Licen•e -Sllbjact to the taraa aDd condition• hereinafter contained, Mo untain State• Video, Inc. ie hereby granted the right and licenae to inetall , operate and main- tain a ceble televi•ion syst em within the baundarie• of the City of Englewood, •• the •ame preaently exi•t, or a• they .. y hereafter be altered, which licen•e ahall be effective from the eft.cti,,. date of thi• ordinance for a period of 20 year• thereafter, unle•• 900Dar revoked in accordance with the te=• thereof. Section l . -U•e of Street• and Alley•. The licen .. har .. in granted Shall include the right to make 11ae of the •treeta and alleya within the City of Englewood for the erection , inatallatioe, repair, removal and re placement of all line•, cable•. tran..,ittere and other equipoent nec .. u ary to the operation and .. intitnance or auch a •Y•tem , provi ded, however, t h at aaid uee •hall be euhjact to the fol lowi ng condition s : (a) Al l c ables, lines and other equipoent to be utilized by Mou nt a in States Video, Inc. in the operation of l ta CATV •ys tem within th e C i ty of Eng'lewood ahall be own- ed by i t and Mountain States Vi deo , Inc.~•hall not make uae of any equipmen t own ed by any other per~on, partner•hip, util- ity or c o rpora tion, save and except to the extent that thia ordi nanc e specificall y grants Moun tain States Video, Inc. the r ight and a uthority to do so, wi thout the expre••. written con•ent , evidenced b y a du l y a dopted reaolution, of the City Cou nc i l of the Ci ty of Englewood. (b) No such equipment shall be erected or inatalled upon , in , under , th rough or ove r any street or alley of the C1ty un les s and until the Directo r of Public Works gives written approva l of the loca tion thereof. (c) Iri any street or alley i n which ther e pre•ently exi•t• utility po les , or other facili ties , capable of having the cab le telev1s1on sylitem 's cable, lines and equipme nt attached thereto , Mountain S tates Vi deo , Inc . may either pl ace the same underground in such street or alley in such loc at i on , at such depths and in auch manner •• may be approved by the Director of Public Work• or attempt to obtain the wri tten consent of th e owner of such pole• or o ther facilitie• to the attachmen t the reto o f the c able televi•ion •Y•tern '• cables, lines and oqu1 pment upon such financial term• •• may be mutually agree d upon between Mountai n State• Video , Inc. and said owner. (d) In the ~vent that the owner'• con a ent cannot be ohtained , a nd in any street or alley within which there doe• not exist adequate poles or other lacilitie• for attaching tho •ystcm' s e q uipme nt , all cabl e •, line• and other equipaent • • . I ' " I • • • - ( • • w • • • • to be placed in s uch street or alley, shall be placed under- 9round in such street or alley in such location, at such depths, and in suc h manner, as may be approved by the Director of Public Works . (e) All equipment placed upon, in, t h rough , under or over any street or alley shall be installed, erected and mainta in ed so t hat the same sh all not obstruct, or inter- fere with , any other lawful u se of the eame and skall be eubject to t h e approval, aa to location, by the Director of Pub lie Works . Section 4 . License Non-Exc lusive, Non-Tranaferrable and !•vocable. (a) The license herein granted, and all righta. priv- ileqea and permit• i ssued hereunder, or appurtenant to said license , shall be non-excluaive, it being understood that the City of Englewoo d may at any time grant one or more additional licenaea of the s ame or s imilar nature. (b) The license herein granted# and all auch privilege• and permits, shall be c onsidered to be a personal licenae of Mountain State s Vi deo. Inc . and shall not be transferred or a••igned wi tho ut the expreas , written conaent of the City Council of th e City of Englewood, evidenced by a duly adopted ordinance authorizing such transfer . (c) There is hereby reeerved the right to repeal thia ordinanee and to revoke the licenae, privilege• and permit• herein qranted at any time, with or without cauae; provided, however, that auch repeal or revocation •hall not be effective exeept through the adoption of an ordinance e ffectuating the repeal or revocation , prior to the adoption of "'1ieh Mountain State• Video, Inc. •hall be given an opportunity to appear before Couneil and •how cause why the • ..,. •hould not be repealed or revoked ; provided , further, that Couneil'• de- termination to repeal thia Ordinenee or to revoke the licenae, privilege• and permit herein granted ahall be held to be e legialative dec i aion and •hall not be revieweble by any Court, either in 111W or in equity. (d) In the event of a revoeation of the lie•-hereia granted, ell equipnent and facilitiea located upon, in, thnM19h , under or over any public •treet or alley •hall be r-..ved within a period of one (1) year after the effeetive date of any repealing Ordinance and all •treeta and alleya •hall be repaired and reatored to good condition in a ..,,ner approved by the Director of Public Worka. Secti on S. Se r vi ce and Rates. The diatribution aervice• of the cable television sys tem shall b e available to e very dwelling un i t or eommereial establishment with in the b o underi ea of the City of Englewood and all charges therefor •hall be un i form : provided , however, that nothing herei n shall b e conatrued to prohibit the utilization of thoae facili ties located within the City o f Enqlewood for t he distribu tion of t elevision signal• out side the boundariea thereof. The initial ra tes to b e c harged aubecribera to the ayat.,. sh all not be more t h an as fol lows : I n stallat ion fees : One s e t hook-up in private home $14.95 One aet hook-up in commercial establishment - actua l time and ma terial c o st. Additional outlets Relocat i on ·Reconnection Di•connection Monthly servic e charges: Fir•t outlet Cach additional outlet l. 50 3.50 3.50 Free 4.75 LOO No rate s •hall be 1ncreaae•I without the expre•• conaent of the Citv Council of he City of Englewood, aa ovide need by a re•olution . thereof, adopted af or a public hearing upon Nount•in State• Video, Inc. requeet !or an inc rease in ratea. Section . Free Distribution Service•. Mountain State• Vi d eo, Inc. shall install. operate •nd m•inta i n , free of ch•r9e , linos Dn d r ~..; htioa for reception of it• cable tolcviaion dietri- l,11t ion "'"rvi c.."C a throuqh an outlet at ~•ch ot thtl followinq 1 • '· I • • ;In ( ( • • ( • • • • Ordinance No. 33, Series of 1967 (a) At each public , or pa rochial, elementary, and eecondary school within the City: {b) At each public or private accredited colleqe: {c) At the Eng l e wood Public Library: {d) At th e Engl ewood Pol ice and Fire station: {e) Any of the foreqo i ng may requeet the inetallation of one or more additional outlets and the • .,.. •hall be installed by Mountain State• Video, Inc. a t an aaount equal to the time and material coat therefo r . In no even t , h owever, shall Mountain State s Vi deo, Inc. charge a mont h ly service charge to •a1d eatabli•hmenta, re9ardleaa of the number of outlets inetalled. Secti o n 7. -Local Televi sion Studio. Within ninety (90) daya after the c onnencenent of the CATV system h e rein envi •ioned , Mountain States Video, Inc. shall install, and thereafter maintain. facilitiea , including te levision cameras and •tudio , for the trana- miaaion through its distribution system of locally-emanating tele- viaion proqrmna and to reaerve one television channel for the trana- raiaaion of auch program•. The method, and manner of operation of aueh facilities, including the placea and times of operation, aa well •• the peraon• or group• who ahall be entitled to use the •Bftle , •hall ba mutually aqreed upon, fron time 'tQ time, between Mountain State• Video, Inc. and the City COIDlcil of the City of Engl.....,.,d, or it• deeignee. Section 8. -Prohibitione. •othing herein contained ahall in any wi .. be conetrued to change , alter, or limit the height of any private televieion antenna or tower now or hereafter erected app11rtenant to reeidential televieion reception equi~ent, and all operation• and inetallat i one of Mountain Statea Video, Inc. pur- auant hereto •hall be conducted and effected in auch manner and form aa to ainilllize any interference with noraal televiaion re- ception ... ither Mountain States Video, Inc., nor ita .. ployeea or agent•. •hall ••11, leaae, or aervice televiaion aeta or antenn ... Any i,..tallation or repair •ervice to be performed by Mountain State• Video, Inc. •hal l be restricted to it• equipnent. Mountain State• Video, inc:. ahall at all time• hereafter cooperate vith all local independent televieion antenna •alee and aervice operator•. Mountain State• Video . Inc. shall refrain from •tocking, aelling,, merchandiaing , or otherwi•e h andling or diapenaing of C0111ponent part• of televiaion receiver•. or other equipnent or ..,pplie• aPl*rt-enant thereto. s .. ction 9 -License Fees. Mountain Statea Video , Inc. shall , in addit~on to and not in lieu of . an y o~er taxea, feea, ••••• .. enta or charges required to be paid by the proviaiona of any other ordinance or statute , pa y to the City of Englewood, a• a licenae fee. a sum equal to 5% of the gross subacription receipt• pai d to it by it• subscribers loc ated withi n the City. 'ftle pay.ant of said fee s hall not , however, have the effect of increaeing any rates set fo r th 1n Section 5 hereof, nor •hall the amne be added thereto • For pur poses of this section, the term "gross aubscripti on receipts • shall mean the amount rece i ved by Mount ain States Video, Inc. from the s ale of its services wi thin the City of Eng lewood, less any amounts collected for the connection, termination, or instal lation of equipm en t o r li nes necessary for rendering service to any customer , All lic enee fees sh all be paid on a quarterly basie and shall be remi tted, together with a statement of gross subscription revenue• for the quarter involved , on or before the 15th day of April , July, October and January, commencing on the 15th day of J an ua ry, 1968. The Director of F i nanc e for the City of Englewood, o r any other authorized official of the Ci ty, •hall have the right, for a period o f six (6) mon th • after rec eipt of •a id fee• and etetement, t o have acce•• to, and to revi8'ol , all of Mountain State• Vi deo, Inc. financial record• relating to it• groea receipta at any time during nonnal bu ei neae hou ra for th• purpoee of verifyi ng the fin a ncial information supplied. Se~tlo n 10. -Chan ea in Rates and Feee. Should any qovernm~nt~ unit wit 1n •ny o t e count•• o A ama , Arapahoe , • c I • I - ( • • ( .. • • • • Bou lder, or Jefferson, or the City and County of Denver, levy • license or permit fee on any cab le television aysten requirin9 the payment to such government al unit of more than five (5) percent of the gros• subscription receipts of sw:h cable televiaion ayat ... Mountain State• Video , Inc., sha ll promptly give written notice to the Director of F inance of the grant of such license or permit. the precise terms of the fee , and the inatallation , monthly aerviee charge and all similar ch arges provided for in auch permit or lie9ft ... The City of Englewocd may be by wr itten notice delivered to lllountaiD States Video, Inc. wi t hin th i rty (30 ) daya after receiving notice of each such license or permit elect to be paid, in lieu of the licen .. fee provided herein, ~hate ve r fee ia specified in any euch perait or license . If the City of Englewood elects to be peid such higher license or permit fee, the i nstallation, monthly service charge and other charges provided for in Section 5 herein shall automatically be changed to be the same as the c ha rges provided for in auch penoit. Section 11 . -Time for Commencement. Mountain State• Video. Inc. shall forthwith after the effective date of thia ordinance apply for approval of the Federal Canaun i cationa Clllllllliaaion, and of eny other federal or state agency having authority over the a.,.e, for the installation. operation and maintenance of a cable televi•ion system within the boundaries of the City of Englewood and shall, upon obtaining all necessary approval• therefor,· use all due dilig-ce to coanence rendering service to the public within said City. Within a rea80nable time after commencing the operation of •uch ayat ... Mountain State• Video , Inc ., ahall provide a aervice of not leaa thaa fifteen (15) channels. Section 12. -Other Law and Ordinance!. In the inatallatioe, operation and maintenance of a cable televiaion •yetem, Mountain Stet•• Video , Inc. ahell cCllpl y with all federal , and atete •tatut••· rule• and re<JUlation• appertaining thereto or to any portion thereof. Mountain State• Video, Inc. ahall allSO caaply with all other applio- able ordinance• of the City of Englewood, ..,ether pra!ently exietiJMJ or to be adopted in the future, and for this purpose, the provi•ion• of thie ordinance &hall not be construed to prohibit the •doptioe of any further ordinence or ordinance• for the further requlatione of cable televi•ion ayat11111• within the City for the preservation of the health, aefety or welfare of the City or the inhabitenta thereof, whether or not the • .,.. be conaiatent vith the proviaiona hereof. Section 13. -Diaclailller and Indemnification. Rothill<J herein ahall be conatrued to be an authOrization fre11 the city of Engl...ood for Mountain State• Video, Inc •. or any official, agent or -..1oyee thereof, to utiliu, or to distribute, •iqnele trane- aitting television proqr.,,• originated by pertiea other than Mountain State• Video, Inc •• with out the conaent of euch other parties end . Mountain State• Video, Inc. shall receive auch aiqnala and trenllllit the • .,.. at ita sole ri sk and reaponsibility. Nountain State• Video, Inc. shall i nd .. nify, protect and hold the City of Englewood hanole .. from any claim of any type made against aaid City (including the ex- pense• of any nec•••ary investigation and litigation) by eny other party ariain9 out of , or a s a result of , Mountain State• Video . Inc •• •a installation, operat ion or maintenance of a cable televiaion aya~ .. within the City '• boundaries. Mou ntain State• Video, Inc. shall carry inaurance , to protect the parties hereto from and aqain•t a ll claim•. denand•, act ion•. judgment•, coats , expenses and liabilities, which may ari•• or result, directly o r indi rectly , frcn or by reaeon of any losa , inJury or damage to any other party ari•i"9 out of , or a• a reeult of Mountain States Vid eo , Inc.'s installation, oper•tion or maintenance of such a aystem . The amounts of such insurance e9ainst liability due to physical damage to property shall be not le•• than $100,000 a• to any one accident. and not less than $300,000 aggregate in any single policy year, and against liability due to bodily inJury or to death of person s not lesa than $100 ,000 aa to any peraon and not less than $300 ,000 as to any one incident. Mountain States Video, Inc. sh all also carry such insurance a• it con•idere neceeeary to protect i t from all claims under any Workmen'• Compensation Laws in effect th•t may be appli c able to Mountain State• Video, Inc • All insurance required by t his Ordinance shall be and remain 'in full force and effect for the entire life of this Ordinance. or aa lon9 a• Mountain States Video, Inc . i• operatin9 under it• tern•. section 14. Acceptance of Licenae. Mountain State• Video, Inc. •hall s1gn1fy its acceptance of the licen•e herein granted by f il in9 with the Director of Yinance, not more than t•n (10) daya after the ef!ectLve date of this Ordinance, a written acceptance t he reof in the following form: "Mountain State• Vi d eo, Inc . hereby accept• the licenae grant e d by Ordinance •o. , Series of l9o7 . and al l of tho ter111a and provision• thereof, • ·' ...... " ,, t•: : I • - ( • • • • • Ordinance No. 33 , Ser i es of 1967 and does hereby wai v e and release any right wh i ch it ••Y now have. or which 1t may posaeas in the future. to contes t the validity of said license or of any of the •ra• or provi sions of the Ord inanc e qrantiog the ...... Introduced, read in full and passed on first re..iin9 by the City Council of the City of Englewood , Colorado at ita reqular ,...ting OD the 20th day of November, A.O •• 1967 , and ordered pub- liahed in the Engl""'°°d Herald and Enterpri ... Paaaed on Final Reading by the City Council of the City of Englewood, Colorado thia 4th day of Decellber, 1967, A.O. and ordered published in full in the Engleooood Herald and Enterpriae. Mayor Pro Te11 Atte8t1 C~ty Cierk-Treaaurer • ' c I f .~. I . .l ·~ I • .,, .. '· -~ - • • • • • • CORRECTIONS AND/OR AMENDMENTS TO COUNCIL BILL NO. 5 CABLE TELEVISION SYSTEM The following are corrections or amendments which were discussed with Mr. Dmlett White and are clarifications of those matters that the CoWlcil reviewed several weeks ago. v"" l. On title page, in the two WHEREAS clauses, correct MOWltain State• Video, a partnership, to MOUNTAIN STATES VIDEO, INC. , A COLORADO CORPORATION • ./2. Page 6, Section 10. 0peration and Maintenance, (b) should read as follows: ~(b) Grantee shall aaintain an office within the City limits, OR WITHIN A TWCr (2) MILE RADIUS THEREOF, which shall be open durin g all usual business hours, have a listed telephone, and be so oper- ated that COll('laints and requests for repairs or adjustments may b e received at any time • ../3. Page 7, Section 11. Carriage of Si¥nals. Use of Channels, section (b) should read as fo lows: (b) Grantee shall provide one studio IN ITS MAIN OFFICE which shall be equipped to cable-cast or video-tape programs siaultan~oualy for use in producing programs for access channels and shall include cameras, slide and film chain, portable cameras and recorder•, and other appropriate equipment, IN ADDITION GRANTEE SHALL MAICE AVAILABLE TO THE CITY PORTABLE EQUIPMENT FOR ITS SOLE USE. Cost of aaintenance of the studio and equipment IN THE MAIN COLOR STUDIO shall be borne by Grantee. /4. Page 7, Section 11, Part (c) shall read as follows: (c) director to such public TRAINING OF Grantee is encouraged to employ a program and production promote public use of the access channels and to advise users. GRANTEE SHALL ADDITIONALLY PROVIDE THE NECESSARY CITY PERSOHNEL FOR THE OPERATION OF ANY PORTABLE EQUIPME NT . /s. Page 11, Section 26. Maps, Plats and Reports. Part (b) should read as follows: (b) Grantee shall file annually with the City Clerk, not later than NIHBTY (90) days ••• • I • - • • • • • • 6. Pages 11 and 12, Section 27. Permit Fees. Change to r ead as follows: (a) GRANTEE SHALL PAY TO CITY ANNUALLY 5% OF ITS GROSS SUBSCRIPTION SERVICES REVENUES TAKEN IN AND RECEIVED BY IT WITH IN THE CITY OF ENGLEWOOD. GROSS SUBSCRIPTION REVENUES SHALL MEAN THE AMOUNT CHARGED BY GRANTEE FOR THE SALE OF ITS BASIC (CABLE ONLY) MONTHLY FEES AND PAY CABLE FEES, LESS CHARGES PAID FOR S UPPLIER PROGRAMMING WITHIN THE CITY OF ENGLEWCX>D. GRANTEE WAIVES ANY RIGHT TO CONTEST THE VALIDITY OR LEGALITY OF AlfY OF THE FEES IMPOSED PURSUANT TO THIS SECTION OF THE ORDINANCE AlfD THAT IF SUCH FEES ARE EVER HELD TO BE INVALID OR ILLEGAL IT WILL PAY TO THE CITY A COMPARABLE FEE IN LIEU THEREOF THAT IS CALCULATED IN A MANNER DETERMINED TO BE VALID. (b) SUCH FEES SHALL BE REMIT'l'ED TO THE CITY DIRECTOR OF FINANCE Oii A QUARTERLY BASIS WITHIN SIXTY (60) DAYS AFTER THE END OF EACH CALENDAR QUARTER. (c) No acceptance of any payment by the City shall be construed as release of or in satisfaction of any claim the City might have for further additional sums payable under the terms of this Ordinance or for any other performance or obligation of the company hereunder. IN THE EVENT THAT ANY PAYMENT IS NOT MADE WHEN DUE, THE COMPANY SHALL BE SUBJECT TO THE PENALTY PROVIDED HEREIN. ~ Fees paid by the C08'>any to the City under this section shall be considered in addition to and exclusive of any and all taxes, business license fees or other levies or assessments which are now or which aay hereafter be authorized by the laws of the United States, State of Colorado, or City. ~-Page 14, Section 33. Number of Channels. paragraph should read as follows: The first Grantee'• cable distribution system shall be capable of carrying at least thirty-five (35) television channels . Grantee shall make portable video equipment available •.. balance reaain• the same. 8. Page 14, Section 34. Rates. Should read as follows: • I • - - ,. • • • • • • (b) AS A CONDITION OF THIS PERMIT, THE CITY RESERVES THE RIGH T TO COMMEllCE REGULATIOll ARD APPROVAL OF GRANTEE'S RATES AND CHARGES AFTBlt A msc.AaLB llO'l'ICE TO GRANTEE OF THE INTENT TO DO SO AND A HEARillG BEFORE THE CITY COORCIL • -3- • I . - • • • • • • Section 11. carriage of Signals. ok State of the Art. ok Use of Channels. (a) A ainiaua of three (3) of Grantee's channels shall be dedicated as access channels. If there is not an initia4.,..dema~....t.... for full utilization proqr-ing on one or more· channelis,4 iriaiot'"'1 - provide for the joint use of these channels with other c~unities in the south Denver suburban area. If such a joint use arrangement is undertaken, the City Council reserves the right to designate a period of time during the week for which Englewood will be given a priority use of cablecast time. At such ti.me that the City Council determines that there is sufficient need, the City Council may reques~ and Grantee shall provide, one Public Access channel for the exclusive use of organization• and citizens in the City of Englewood. (b) Grantee shall provide one access studio at the location of its 11ain office which shall be equipped to cablecast or video tape progr ... si.aultaneously for use in producing programs for access channel• and shall include ca11eras, slide and film chain, portable camera• and recorders, and other appropriate equipment. In addition, Grantee shall llllke available to the City portable equipment for it• sole uae. Cost of aaintenance of the studio and equipment in the aain color studio shall be borne by Grantee. (c) Grantee is encouraged to employ a program and production director to promote public use of the access channels and to advise such public uaers. Grantee shall provide necessary tillning of City personnel for operation of portable equipment . • I • - • • • • • • Section 34. ~- (a) Grantee shall establish rates and charges for Englewood subscribers that are not greater than those charged for like services to other subscribers of Grantee in the Denver metropolitan area. Grantee shall file a copy of all rates and charges with the City Clerk at the timie of accepting this permit and shall file a copy of all a .. nded rates and charges annually. (b) As a condition of this permit, the City reserves the right to commence regulation and approval of Grantee's rates and charges after a reasonable notice to grantee of the intent to do so and a hearing before the City Council • • - I • • - • • • • • • Section 27. Perait Fees. (a) Grantee shall pay to City annually S\ of its gross subscrip~ion services revenues taken in and received by it within the City of Englewood. Gross subscription revenues shall mean the - amount charged by Grantee for the sale of its basic (cable only) monthly fees and pay cable fees, less charges paid for supplier progr1111111ing within the City of Englewood. Grantee waives any right to contest the validity or legality of any of the fees i111POsed pursuant to this section of the Ordinance and that if such fees are ever ~eld to be invalid or illegal it vill pay to the City a compara.le fee in lieu thereof that is c<.lculated in a aanner determined to be valid. (b) Such fees shall be remitted to the City Director of Finance on a quarterly basis within sixty (60) days after the end of each calendar quarter. (c) No acceptance of any payment by the City shall be con- strued as release of or in satisfaction of any claim the City might have for further additional suaa payable under the terms of this Ordinance or for any other.. performance or obligation of the company hereunder. In the event that any payment is not made when due, the ce>11pany shall be subject to the penalty provided herein. (d) If Grantee fails or refuses to pay the tax imposed within the time prescribed herein, a penalty of ten percent (10%) per quarter of the amount of tax due shall be assessed by the City of En9levood a9ainst such Grantee, and the said tax together with the penalty assessment shall be, and hereby is declared to be, a debt due and owing froa said Grantee to the City of Englewood and subject to collection by an action at law brought by the City o f Englewood in any court of competent jurisdiction for the purpose of such collection. (e) Fees paid by the COllpany to the City under this section shall be considered in addition to and exclusive of any and all taxes, business license fees or other levies or assessments which are now or which -y hereafter be authorized by the laws of the United States, State of Colorado, or City. • I • -· - • • • • Section 27. Pay!!!Dt to the City. There is hereby levied upon the Grantee an annual tax in the sum of Dollars ($ ) on the business -a-n~d.---o_c_c_u_p_a_t_i~.o~n~o~f.---o-wn~i~n-g~,~ installin9-,~ .. ~1-n_t_a~1n~1ng, and operating a Cable Communication S y s tem within the City of Englewood. Such tax shall be in lieu of any other taxes, fees, peraits, inspections, or occupancy certificates imposed by the City. (a) Said annual tax shall be payable quarterly to the Off i ce of Director of Finance of the City of Englewood no later than forty-fi_!'e (45) days after the expiration of the quarter when due. fcJ ) ·~ If the Grantee fails or refuses to pay the tax imposed f~~ 1'ithin~e ti.me prescribed herein, a penalty of ten percent (10 %) _.,,,. ,,.,J iv of the amount of tax due shall be assessed by the City of Englewood 1 against such Grantee, and the said tax together with the penal ty ' assesS11ent shall be, and is hereby declared to be, a debt due and owing froa BAid Grantee to the City of Englewood and subject to collection by an action at law brought by the City of Englewood i n any court of competent jurisdiction for the purpose of such collec- tion. (cl The tax herein provided is upon the occupation and bus i - ness of Grantee in the perfoaaance of local functions and is not a tax upon those functions related to interstate coaaerce. It is expressly understood hereby that none of the terms of this Ordinance shall be construed to -•n that the Grantee is issued a f ranc hise by the City of Englewood • I • • -· - • • • • • • l.larcb 24, 1980 /;.' .... , /. 1,, ~/' *°. Bernard F. Beradini City Attorney -... · ...... _ ~-· '\.,, ~I : "' I \_ 1' // City of &lgle.ood 3400 s. Elati Engle.cod, CD ~110 Dear Bemie: --.:::::..:..J.'- Below please find new lmguage for the CATV Pennit that \\e discussed CD Friday, March 21. SEX:l'I~ 11 -Use of Chaonels a) A mini•n of three of the Grantee's channels shall be dedicated a.s access channels. If tba-e is not an initial deaand for full utilization '>f Pd>lic Access clannels, the Grantee llllY ocmt>ine Public Access pro- ~ on one or nore channels and/or provide for the joint use o f these cbmnels with other ammmities in the south Denver Slt>urban area. If such a joint use arrangement is undertaken , the City Cbuncil reserves tbe right to designate a period of tine during the week for v.tiicb Eigle.ood will be given a priority use of cablecast time. At sudl t ine that the City Cbtmcll detemdnes that there is sufficient need , the City Ox.mcil may request and the <rantee shall provide , one Puhlic .Access cbmnel for the exclusive use of organizations and citizens in the City of EnglelM:X>d . SEC1'1'2f 34 -Rates a) The Grantee shall establish rates and charees for EnglelMX>d SIJ:>scribers that are not greater than th>se charged for like services to other sd>scribers of the Grantee. Grantee shall file a copy of all rates and charges with the City Clerk at the time of accepting this Permit. b) .As a oonditial of this Pemlit, the City reserves tbe right to cxmnence regulation and lllJPl'OV8l of the Grantee's rates and charges after a An-ol • I • -· - - \ . I • • .. ORDINANCE NO. SERIES OF 198=0~~~ • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 7 INTRODU~CED BY COUNCIL MEMBER w'-"'f--''"""'"--~~~~- AN ORDINANCE GRANTING TO THE CITY AND COUNTY OF DENVER, STATE OF COLORADO, A MUNICIPAL CORPORATION, ACTING BY, THROUGH AND FOR THE USE OF ITS BOARD OF WATER COMMISSIONERS, A PERMIT TO CONSTRUCT AND MAINTAIN A WATER CONDUIT THROUGH THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION, AND DECLARING AN EMERGENCY. BE IT ORDIANED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Upon the conditions hereinafter set forth, there is hereby granted to the City and County of Denver a municipal corpora- tion of the State of Colorado, sometimes hereinafter referred to as "Denver", for the use of its Board of Water Cormnissioners, sometimes hereinafter referred to as the "Board", a permit to construct, operate and maintain an eight-(8) inch water main under and across certain hereinafter described roads, streets and property in the City of Englewood, Colorado, sometimes hereinafter referred to as "Englewood", to wit: Situate in the SE 1/4 of NW 1/4 of Section 33, Township 4 South, Range 68 West of the 6th Principal Meridian, City of Englewood, County of Arapahoe, State of Colorado, and along the center- line more particularly described as follows: BEGINNING at the center of said Section 33, thence N 89°50'00" W a distance of 396.74 feet; thence N 90°00'00" W a distance of 19.0 feet to the true point of beginning; thence N 89°50'00" W a parallel to the North line of West Dartmouth Avenue a distance of 282.0 feet to the point of terminus. Section 2. The foregoing right, permit and license is granted only upon the following express terms and conditions, to wit: a. All rights hereunder shall be exercised in such manner as to cause the least possible inconvenience to those entitled to make use of the streets or avenues involved and the least possible obstruction to travel in and along said streets or avenues. To this end , the Board shall, wherever possible, always leave open at least one-half of roads, streets or avenues adjacent to or crossing the e xcavation s and construction work of the Board and shall take all pos- sible precautions to prevent accidents and injuries in connection with any of its work along the avenues and streets hereinabove mentioned. In no even t, during the process of construction and laying of said • I • - • • • • • • conduit, or the maintenance thereof, shall any public or private street, alley or right-of-way be obstructed to travel for a con- tinuous period of more than four (4) days. During the construction and maintenance of said conduit, there shall at no time be stored or left on the surface of the streets, alleys or other rights-of-way of the City of Englewood any pipe, materials or equipment used in construction and maintenance of said conduit for a period of more than two (2) weeks at any one location before putting to use. b. Should it become necessary for the Board, during the excava- tion for, or the installation or maintenance of, the said conduit to disconnect any house service lines from any lines presently in place in said streets or avenues, the Board shall cause the same to be done in such a manner as to cause the least possible delay and inconvenience to the water users thereof, and the interruptions in water service to any property shall, in no case, exceed a period of six (6) hours. All disconnection and reconnection of any such water service lines shall be done in a good and workmanlike manner and all expenses incurred therein shall be the sole responsibility of the Board. c. All excavation and construction, installation and maintenance work which the Board shall undertake pursuant to this permit shall be subject to the inspection by a competent and qualified inspector who shall represent the City, and the Board agrees to comply with all reasonable requests thereof in the performance of said work. All such work shall be performed so as not to interfere with or damage any utility lines owned by the City or private utilities existing within such street. After each excavation, the street shall be refilled; the upper 7 inches of fill shall consist of 4 inches of asphaltic base and 3 inches of asphaltic concrete surfacing, surfac- ing to apply where existing surfacing is disturbed. All of the afore- said work shall be free from settlement arising out of any excavation. There shall be properly designed concrete encasements required at each pipeline crossing of sanitary sewer lines and water lines so as to eliminate foreign pressure and stresses upon the Englewood sewer and water installations. The foregoing shall be subject to the approval of a representative of the Director of Public Works of the City of Englewood, Colorado. Any consequential damage to side streets, the surface, or installations thereon, approaching the various intersec- tions with the right-of-way hereinabove granted because of pipe and material storage and heavy equipment movement.or from other causes, shall be repaired or replaced in their original condition at the sole expense of the Board. d. Denve r and the Board, its seccessors and assigns, shall at all times save and keep harmless the City of Englewood and its City Counci l and other officers and employees from any and all damages -2- • I • - • • • • • • that may in any manner arise from the granting of this permit and the exercise of any rights granted hereunder; provided, however, that the Board, its successors and assigns, shall not be so held liable unless given full opportunity to defend any such claims. Section 3. Nothing herein shall be construed as granting to Denver or the Board any rights other than the permit herein expressly de- fined and set forth, nor shall anything in this Ordinance be construed as granting an exclusive privilege to Denver or the Board, it being understood that the right of Englewood to grant the use of its roads, streets, avenues, alleys and other public rights-of-way to others for public and private purposes is fully reserved to Englewood consistent, however, with the full exercise of the rights granted by this permit. Section 4. A copy of this Ordinance, signed by the Mayor and the City Clerk of the City of Englewood, Colorado, shall be sufficient evidence of the permit herein granted. The acceptance of this permit by Resolution of the Board, a copy of which shall be duly certified to the Clerk of the City of Englewood, Colorado, and the conunencement of the work hereunder shall be conclusive evidence of the acceptance by the Board of all the terms and conditions of this Ordinance, and the Board agrees to perform such terms and conditions. Section 5. It is expressly understood and agreed that the granting and acceptance of this permit is and shall be without prejudice to any rights or obligations of the City and County of Denver, Colorado, or its Board of Water Conunissioners, or the City of Englewood, Colorado, or any inhabitants thereof. Section 6. In the opinion of the City Council for the City of Englewood, Colorado, this Ordinance is necessary for the preservation of public property, health, peace or safety in that the City and County of Denver, Colorado, acting by and through its duly consti- tuted and appointed Board of Water Conunissioners, is urgently in need of the right-of-way herein granted for the construction of the water main herein set forth, and this Ordinance shall take effect upon publication following final passage. Introduced, read in full and passed on first reading on the 24th day of March, 1980. Publishe d as a Bill for an Ordinance on thec!6'ti1day of March, 1980. Attest: Mayor ex officio City Clerk-Treasurer -3- • I • - - • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 24th day of March, 1980. Gary R. Higbee • I • • ·In - (I\ • RESOLUTION NO. ~ SERIES OF 1980~~~ • • • . (' A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF THE FEE SIMPLE INTEREST IN CERTAIN LAND IN THE CITY OF ENGLEWOOD TO PROVIDE ADDITIONAL OFF-STREET PARKING FACILITIES FOR THE ELSIE MALLEY CENTENNIAL CENTER; AND SUPERSEDING AND VOIDING THE PROVISIONS OF RESOLUTION NO. 26, SERIES OF 1979. WHEREAS, to protect the health, safety and welfare of the citizens of the City of Englewood, it is necessary that additional off-street parking facilities be acquired in the immediate vicinity of the Elsie Malley Centennial Center; and WHEREAS, the City Council finds that a public need exists to acquire the additional real property to construct said off-street parking facility; and WHEREAS, by Resolution No. 26, Series of 1979, adopted and approved on July 2, 1979, the City Council authorized the negotiation or condemnation of Lots 13 through 17, both inclusive, Block 3, PREMIER ADDITION, County of Arapahoe, State of Colorado; and WHEREAS, on January 25, 1980, the Englewood Housing Authority, I a body corporate and politic, entered into a Receipt and Option Agreement to purchase Lots 6, 7, 8, 17, 18, 19, 20, 21, 22, 23, 24, including the West 1/2 of the vacated alley adjoining Lots 6, 7 and 8 and the East 1/2 of vacated alley adjoining Lots 17 through 24, all in Block 6, PREMIER ADDITION to Englewood, County of Arapahoe, State of Colorado, in order to provide additional low-cost housing for the elderly of the City of Englewood; and WHEREAS, the remaining lots in said Block 6, being Lots 1 through 5, inclusive, would provide additional parking for vehicles of the Malley Center in a number in excess of the area previously designated by Council for acquisition by Ordinance 26, Series of 1979. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sect ion 1. That pursuant to the provisions of the State Constitution, State Statutes, and City Charter, the City of Englewood shall acquire by purchase or con demnation the fee simple title to the following lands for the purpose of providing additional off-street parking for the general public and for those using the facilities of the Elsie Malley Centennial Center: Lots l through 5, both inclusive, together with the West 1/2 of the vacated alley adjoining said Lots l through 5, inclusive, all in Block 6, PREMIER ADDITION TO THE CITY OF ENGLEWOOD, Arapahoe County, Colorado . • I • - - • • • • • .. • Section 2. That the City Manager, or h i s designee, be and he hereby is authorized and directed to negot i ate the purchase with the owner of said parcel of land, and upon failure to agree upon t he fair market value thereof, then the City Attorney is hereby a uthorized and directed to co11U11ence an action in eminent domain to condemn the above described parcels of real property as authorized by law. Section 3. That the Director of Finance, ex officio City Clerk- Treasurer is hereby authorized and directed to appropriate, set aside, and hold for all necessary judgments and awards sufficient sums to be paid as just compensation to the owner of the property to be taken and such appropriation shall not be less than the highest appraisal value of the parcel in question. Section 4. That the within Resolution shall supersede, void and hold for naught Resolution No . 26, Series of 1979. APPROVED AND ADOPTED this 24th day of March, 1980. Mayor Attest: ex officio City Clerk-Treasurer I, Gary R.Higbee, ex officio City Clerk-Treasurer of the Ci ty of Englewood, Colorado, hereby certify that the above is a true, accurate and complete copy of Resolution No. , Series o f 1980. Gary R. Higbee -2- I • • ·In - • • • RESOLUTION NO. 8 SERIES OF 1980~~~ • • • A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF THE FEE SIMPLE INTEREST IN CERTAIN LAND IN THE CITY OF ENGLEWOOD TO PROVIDE ADDITIONAL OFF-STREET PARKING FACILITIES FOR THE ELSIE MALLEY CENTENNIAL CENTER; AND SUPERSEDING AND VOIDING THE PROVISIONS OF RESOLUTION NO. 26, SERIES OF 1979. WHEREAS, to protect the health, safety and welfare of the citizens of the City of Englewood, it is necessary that additional off-street parking facilities be acquired in the immediate vicinity of the Elsie Malley Centennial Center: and WHEREAS, the City Council finds that a public need exists to acquire the additional real property to construct said off-street parking facility; and WHEREAS, by Resolution No. 26, Series of 1979, adopted and approved on July 2, 1979, the City Council authorized the negotiation or condemnation of Lots 13 through 17, both inclusive, Block 3, PREMIER ADDITION, County of Arapahoe, State of Colorado; and WHEREAS, on January 25, 1980, the Englewood Housing Authority, I) a body corporate and politic, entered into a Receipt and Option Agreement to purchase Lots 6, 7, 8, 17, 18, 19, 20, 21, 22, 23, 24, including the West 1/2 of the vacated alley adjoining Lots 6, 7 and 8 and the East 1/2 of vacated alley adjoining Lots 17 through 24, all in Block 6, PREMIER ADDITION to Englewood, County of Arapahoe, State of Colorado, in order to provide additional low-cost housing for the elderly of the City of Englewood: and WHEREAS, the remaining lots in said Block 6, being Lots 1 through 5, inclusive, would provide additional parking for vehicles of the Malley Center in a number in excess of the area previously designated by Council for acquisition by Ordinance 26, Series of 1979. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That pursuant to the provisions of the State Constitution, State Statutes, and City Charter, the City of Englewood shall acquire by purchase or condemnation the fee simple title to the following lands for the purpose of providing additional off-street parking for the gene ral public and for those using the facilities of the Elsie Malley Centennial Center: Lots 1 through 5, both inclusive, together with the West 1/2 of the vacated alley adjoining said Lots 1 through 5, inclusive, all in Block 6, PREMIER ADDITION TO THE CITY OF ENGLEWOOD, Arapahoe County, Colorado • • I • - t ( • • • • • • Section 2. That the City Manager, or his designee, be and he hereby is authorized and directed to negotiate the purchase with the owner of said parcel of land, and upon failure to agree upon the fair market value there o f , then the City Attorney is hereby authorized and directed to cormnence an action in eminent domain to condemn the above described parcels of real property as authorized by law. Section 3. That the Director of Finance, ex officio City Clerk- Treasurer is hereby authorized and directed to appropriate, set aside, and hold for all necessary judgments and awards sufficient sums to be paid as just compensation to the owner of the property to be taken and such appropriation shall not be less than the highest appraisal value of the parcel in question. Section 4. That the within Resolution shall supersede, void and hold for naught Resolution No. 26, Series of 1979. APPROVED AND ADOPTED this 24th day of March, 1980. Attest: Mayor ex officio City Clerk-Treasurer I, Gary R.Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above is a true, accurate and complete copy of Resolution No. , Series of 1980. Gary R. Higbee -2- • I • • - I I ( • • c • K-P-L, :me •• • • • IN THE DIS'l'RICT COURT IN AND POR THE COUMTr OP ARAPAHOE S'l'ATE OP COLORADO CIVIL ACTION NO. Petitioner, ., ff v. CITY OF EllGLEWOOD; TllE CITY COUNCIL THEREOF; EOGDIE L. OTIS, BEVERLY llJUU>SllAW, JOE BILO, TOM FITZPATRICK, JORN NEAL, JIM HIGDAY, AiID B!!!TTY PET I TION FOR J UDI CIAL REVIEW PURSDiiiT TO RULE l0 6 (a) (4 ), C.R.C.P., AND 12-47-141, C.R.S., 1§ 73 , AS l\l'!ENI>ED K . KEEUA, AS MI:JCIERS OF THE CITY COUNCIL, Reapondenta. For a claim against Respondents, Petitioner alleges as follava: l. Petitioner is a COloracSo corporation. 2. The City of Englewood ("City") is " municipality organized pursuant to Article XX of the COloracSo constitution; the Council of the City, composed of the individual Jleapondents above n--S, constitutes the "local licensing authority" within the -anin\I of Title 12, Article 47, C.R.S., 1973, as a.,,..nd .. d: Co\Ulcil also constitutes a •tribunal• exercising •quasi-judicial functions,• wi thin the meaning of C.R.C.P. l06(a) (4). J. On or about July 21, 1979, Petitioner filed an appl i cation with Council to have issued to it a retail liquor store l i cense for premises located within the City and, there- after, complied with all of the procedural requirements imposed u pon it in order to qualify for the issuance of such licen&e. 4. After proper prior public notice, a public hearing u po n Petitioner's application was held before council on January 1 4, 1980, at which time Petitioner and various members of the p ubl ic pre s ented information and evidence to Council, in order fo r Council to render a decision upon such application under the cri te ri a ma n dated by the provisions of 12-47-137, C.R .S., 197 3 , a ~ ~- I ·~ ... ;.''!" .. - ( • • ' j I I l ·1 I I • • • .. 5. At such hearing, Petitioner presented to Council the signatures of some 3,201 persons favoring the issuance of auch licanae. Of •uch signature• 1,093 were of reaidenta, buaineaa owners, or business managers of the nei9hborhood pre- vioualy deaignated by Council. 'l'he remaining 2,108 signatures -re of peraona who regularly patronized retail eatabliam.nts locat.4 in cloae proximity ("Cinderella City") to the pr_i_a re~tad to be licensed by Petitioner. 'l'he latter aignaturea _.,. pr-ted by Petitioner in aupport of its uaertion that "tbe re&eonmble requir-nts of the neighborhood" and "otber facts" ••ta.bliahed a proper basia upon which the licensa aho.Ud iaaue. 6. On February 4, 1980, council denied Petitioner's application upon the bases and for the reuona set forth in its a.solution llo. 4, Series of 1980, a copy of which 1a attached hereto. 7. In malting such decision, Council ab~d its discretion, exceeded its jurisdiction and denied to Petitioner the rigbta granted to it by the provisiona of the pertinent statute in that Council failed and refu-d to consider the reason- able need& of the neighborhood, •• evidenced by the needs of regular patrona of the neighborhood; and in that Council failed to conaider, or make findings upon, the fact that the number of auch licenses within the neighborhood had not i.ncreued, al- though the need. of such neighborhood therefor had increased substantially over the years. WHEREFORE, Petitioner prays that this Court: 1. Issue its preliminary order and citation, directing llespondents to prepare, and certify, a full, complete and accurate record of all proceedings before them relating to the herein described application, and to file the same with this Court on or before ~ date to be set therefor and, thereafter, to appear before this Court, at a time and date to be set therefor, then and there to show cause, if any there be, why this Court should not enter lts order setting aside, and holding for naught, their -2- • 1-:.-· I • - - ... ( • c • • • decision upon Petitioner's application and granting to Petitioner such other relief as may be deemed appropriate. 2. After a reviev of the record of proceedings, enter its order and judgment directing Respondents either to grant to Petitioner the licen .. applied for, or, in the alternative, to consider all evidence proffered by Petitioner and, thereafter, to enter a nev deciaion in accord with the provisiona of 12-47-137 c.a.s •• lt7l, as a-.nded. aespectfully submitted, CRISWELL ' PATTERSoN Counsel for Petitioner -3- . '· I • • - • • -. RESOLUTION NO. 4 ~ERIES OF 1980~~~ ,. • • • A RESOLUTION DENYING THE APPLICATION OF K.P.L., INC. FOR A RETAIL LIQUOR STORE LICENSE WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, K.P.L., INC., a Coloradb .corporation, has heretofore made application pursuant to the provisions of Article 47, Title 12, C.R.S. '73, as amended, for a Retail Liquor Store License to be located at Space KS-2815, Cinderella City Shopping Center, 701 W. Hampden Avenue, Englewood, Colorado; and WHEREAS, notice of .said · application and notice of public .hearing thereon having been given, and the hearing having been · conducted on the 14th day of January, 1980 before the City Council as the local licensening authority; and WHEREAS, all procedural requirements of the ·statute having been complied with; ' . : NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ENGLEWOOD, COLORADO, AS FOLLOWS: That based upon the application of K.P.L., INC. and the statemunts, 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: l. Tha~ the applicant, K.P.L., INC., is a tenant of Capital Alliance Corporation, as landlord, for store unit nt!mbers KS-2815 and KS-2822, said lease having been entered into on or ·about October l, 1979 for a term of ten years (see Exhibit A and Exhibit D, Standard Lease Agreement). 2. That the sole stockholder of K.P.L., INC., Mr. Arnold Kimmell, and all officers and directors of the corporation are of good character and reputation, none having been convicted of a felony or a crime wi.thin 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 referen=e to public hearing were proper and consistent with require- ments of Article 47, Title 12, C.R.S.'73, as amended • 4. That the City Council designated an area of two miles in radius · as the ,"neighborhood" to be considered in either granting or denying the applicant's request for the said Retail Liquor Store License • • I • - • • • • • 5. Mr. Max Scott, Prc:;idcnL o.r: Or.!dipuH, Inc., 12 00 I'e.arl Street, 13oulder, Colorado, testified that he w<is employed by the Ci'ty to conduct a survey to determine the need~.; and desires of the residents of the neighborhood. lie submitted his report containing the methcd of petitioning and the statistical results of the survey (City's Exhibit"B") and submitted five ,(5) petitions marked City's Exhibits "C-1" throu9h "C-5". "l'hc.~ rc.~~1i.l.li:; of the Ocdjpu s sui.·vey revealed that l, 074 total contact!; W(,rc atl:cmpted ancl oJ.: that figure, 597 were not at home, but that 4·17 actual contacts were made within the defined neighborhood. Of the 477 actually contacte<l, 161, or r,r,. 71 '!., :d .<jllf.~<1 the? pt~l i (·ion :;L:;1(·j11'1 l ·li ;il I 11•• 111•c•11!; ;111tl dr !:;i l"C.•!; Of l:l1l! 11ciyhho1:ltuocl were 1101. mcl:; LI.fl~ uJ.· 4'1. ~~1·:., ,;j,Jnl!d i.11 oppo!dl:iu11 stating that the needs and desires of l:hc neighborhood wci.·e met ancl signed the petition against the issuance of the license. Of the 1na remaining contacts, 25 would not !iign <iny pel:ition, GO preferred \:I) remain neutral, 39 indicated they niay have prcvioul>ly sitincd the petition, althou&h Mr. Scott indicated this was unlikely, 29 were not qualified to sign the petition, 5 did not use alcohol, nnd 22 gave m:isccl.lnneous reason~ f.or ll<.'t sit.~nin~ either fol· or a~<1i.nst (pace 3 .City's Exhibit "B"). Mr. Scott stated that the degree of acceptance for the LIPl>"licant appeared to diminish in those arc"s closest to the location. 6. The ap~licant, K.P.J •. , INC., tmbmitted nwnerous exhibits and petitions. The petitioners were g~n~r.:illy divided into three <J coups, one, the petition of resiclcnl:s o ( t::hc d<?signat:cd 11ciyhborhoou, the petition of business owners and managers within the neighborhood, and patrons of Cinderella City Shopping Center. 'l'hc fol.lowing is the 1.:1bul.:it .i.:m of pctil:icrns :;ulmiitl:ed l.>y l:hc .:ipp] .ic;111l:: APPLICANT Resid~nts Dusiness Owners, Managers Patrons • S.ignLI tu res J., 094 130 2,108 Valid.Signatures 963 130 2,108 Mr. Bill Alpert of New York City appeared before Counc.;il aud tesificcl that he was an attorney practici11g law in New York City and one of. th·~ owners of Cinderella City. He f11rthe1: testified that he . felt there was a definite need at the C.enter in pn,.,.icling services for ~;hr,ppinCJ for food as well i\S liquor. 'l'h1.! .1:-.pl..ic.:.n11t [111:thcr prcsent:ccl tc:;t:irnony f.rom Mr. J;uucs M.11H1<Jl:r nt: lhc C .i.11clcrella City Comple>:, who testified <1:; tu the <.ireil, 111;11:~.,~1: ;u:cil, ~1c·rwr<il. chc.\ra<:l:"r- istics of the Center, its activity, l\ncl a cle:3cription of the ncighbo1·- hood location. The applicant called additional witnesses, includinc1 -2- • I • • n ·In - •• • \ • • • • the Manager of the Joslins store at Cinderella City, who was aiso President. of the Merchants Association, who indicated he favored t:he issuance of the license to the applicant. Mr. Lee Morrison, of Denver, appeared before Council and testified that he was the Market Analysis Respresentative for King Soopers, that King Soopers (the tenant immediately adjoining the, 'applicant's premises on the east) had taken a neutral position in the matter of whether the license should or should not issue. 7. Those appearing in opposition, through their attorney, Mr. Alan Dill, submitted opponents' exhibit, being marked Protestants' Exhibit •A• containing 3,188 signatures, of which 3,072 were valid signatures, in opposition to the issuance of the license and stating that the existing Retail Liquor Store outlets in the area, which consisted of fourteen (14) such package stores and one (1) Liquor License drug store, were sufficient and that the Deeds of the neigh- borhood were in fact being met by said existing liquor outlets •. The opponents submitted the testimony of approximately thirty (30) individuals, who were either owners or residents of the neighbor- hood. a• well as those who owned or .operated competitive liquor stores, testified generally that the area was adequately served with existing package store li~enses and that none, in addition, was needed •. All testified that the¥ had no difficulty in purchasing package liquor of their choice in the .neighborhood as defined by Council. · The City Council therefore finds and concludes from the state- ments of witnesses and the exhibits and petitions presented at the hearing that the neighborhood, as defined by the City Council, con- tains fourteen (14) retail liquor store outlets within the City of Englewood and also a liquor license drugstore, (See City's exhibit and map defining neighborhood and location of existing outlets); that a majority of the residents within the neighborhood and the business owners apd manager·s, approximately 3,072, opposed the .issu- ance of the license on the basis that the neighborhood is adequately served by the existing outlets. The applicant presented 3,200 valid signatures .supporting the issuance of the license, that two-thirds, or 2,108 of those signatures•were those of patrons of Cinderella City Shopping Center, and City Council finds and concludes that it is bound by the statement of the Supreme Court in Canjar y. Huerta, 193 Colo. 308, 566 P.2d 1071(1977)~n which case the Supreme Court stated as follows: "In making a licensing decision, the relevant consideration is neither the needs of the applicant, nor even the desires of the patrons.• Also citing Board of County Commissioners v. ~· 153 Colo. 230, 385 P.2d 590 (1963). -3- • I • • - - •• • ·~ • • • .. · ( ( Consequently, the desires of the 2,108 patron• of Cinderella City may not be considered, so City Council concludea, under tnese circumstances, the vast majority of the reaidenta of the neighbor- hood are opposed and do not desire the is•uance of the licen•e and that the existing sim.i.lar licenses are adequate to serve the reason- able needs of the neighborhood. , . ADCPTEO AND APPROVED this 4th day of February, 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 fore- going is a true, accurate and complete copy of Resolution No. 4· , Series of 1980, passed by City Council on the~day of February 1·980. Gary R. lli9bee • -4- I • • - • ·.1 • • • • • IN TllE DISTRICT COURT IN A1'D POR TllE COUNTY OF ARAPAHOE STATE OF COLORADO CIVIL ACTION NO. If fitJ CV~ ,,r&V. if" l<-P-L, INC., Petitioner, v. CITY OF ENGLEWOOD; THE CITY COU NCI L THEREOF; EUGENE L. OTIS, BEVERLY BRADSHAW, JOE SILO, TOM FITZPATRICK, JOHN NEAL, JIM HIGDAY, AND BETTY I< •. KEENA, AS MEMBERS or THE CITY COUNCIL, Respondents. ·' The Court, having considered the petition filed herein, hereby directs the Clerk of this Court to issue citation to the Respondents herein, requiring ••id Respondents to: 1. Prepare, certify and file with the Clerk cf this Court, on or before the ~tfiay of ~;_,t , ltlo, the full record of all proc~edinga held~e them reapectinq the Petitioner's application for a retail liquor •tore license, which such record shall include the complete and full transcript of such proceedinqa; 2. Simultaneous with the filing of such record, Respondents shall file with the Clerk of this Court, and shall provide a copy thereof to Petitioner's counsel, a statement of costs for the prepa ration of such transcript; andft.. ~ 3 . Appear before 1980, at the ho ur of to show this Court on the~ day of ~.'.{'<>'c lock d_,_.14., then and there cause, if any there be, why the relief requested in the petition should not be granted. It is fur ther ordered that , within ten (lO) days of the receipt of Respondents• statement of costs for the trans- cript, Petitioner shall ei ther pay s uch amount to Respondents or, in the alternative, file written objections to the amount • .. .·. . ":;.~; :;:.: : .· ~",. ~. ~ ~ .. "" ...... : .... l ., :' ., .. I • - - ·'; (~ ~ ! • • -~ I • ~ ,, ' '"'1 ''4 -:: ~ -~·~ . • • • thereof with th1a Court, in wh ich latter event, the Court ahall aubaequontJ.y ..U a de termination o f the a111Dunt thereof . . i1: Done this './_!_ day of March, 1980. BY THE COURT -2- •• -::ot.: .··, .. .·. I • • D - - • ., • . I ... q ' -i .··-1 ••• I '1 .·1 ) • • • • IR TR! DISTRICT COOllT IR MD l'Olt ftl C001'Tr OP ARAPAHO! STAT! OP COLORADO CIVIL ACTIOW 1'0. lt-P-L, INC., Petitioner, v. CITY OF ENGLEWOOD: TR! CITY CITY COUNCIL THEREOF: !OCEll!: L. OTIS, BEVlltLY BRADSllAlf, JO! BILO, TOM PITZPATRIClt, JOBN REAL, JIM RIGDAY, MD B!TTY 1t. ltEEWA, AS ICEIG!RS OP TRE CITY COONCIL, Re•pondenta. To the Sheriff of the County of Arapahoe, GREETIWGS: There having been a certain order entered by the Court in the above-•tyled action, a copy of which i• attached hereto, th••• pr•••nt•, therefore, are to eooiman4 you to cite and to 9ive notice to the Re•pondents above n-4 that they, and each of ~. •halls l. Prepara, certify and file with the Clerk of thi• Court, on or before the __ day of 1910, th• full record of all proeeedinqs held before th.., re•peetinq the Petitioner's application for a retail liquor atore liean••• which aueh record shall include the complete and full tran•eript of auch proceedinqsi 2. Simultaneou• with the filing of auch record, Respondents shall file with the Clerk of thi• Court, and •hall provide a copy thereof to Petitioner'• counsel, a •tatement of costs for the preparation of auch tranaeript1 and 3. Appear before this Court on the __ day of -----·• 1980, at the hour of o'clock __ .M., then and there to show cause, if any there be, why the relief requested i n t he petition should not be granted. • ,. .. • , .. t ••. I • • • - • • - : .• - Ia•ued thi• ~-day of March, 1980. ' CLEJUt OF TR!: COURT • • -2- • • ' I '· I . · .. ~ !:.: .. ; 1· ,,.';I :: ' .... I • • - I , I / ·•. • • • • • IN THI!: DISTRICT COURT IN AND FOR THE COUNTY OF ARAPAHOE STATE OF COLORADO CIVIL ACTION NO. K-P-L, INC., Petitioner, v. CITY OF l!:NGLEWOOD; THI!: CITY COUNCIL THEREOF; EUGEN!: L. OTIS, BEVERLY BRADSHAW, JOI!: BILO, TOM FITZPATRICK, JOHN NEAL, JIM HIGOAY, Ai ll> D!!:TTY K. KEEllA, AS KI:l4BERS OF THE CITY COUNCIL, Reapondents. PETITION FOR JUDICIAL REVIEW PURSUANT TO RULE l06(a) (4), C.R.C.P., AND 12-47-141, c.n.s., 1973, AS AMENDED For a claim againat Reapondents, Petitioner alleges as follow•: 1. Petitioner is a Colorado corporation. z. The City of Englewood ("City•) is a municipality or9anized purauant to Article XX of the Colorado Conatitution; the Council of the City, compoaed of the individual Respondents above n-d, conatitutea the "local licensing authority• within the -aninH of Title 12, Article 47, C.R.S., 1973, as amended; Council alao conatitutes a •tribunal" exercising •quasi-judicial functiona,• within the meaning of C.R.C.P. l06(a) (4). 3. On or about July 21, 1979, Petitioner filed an application with Council to have issued to it a retail liquor store license for premise• located within the City and, there- after, complied with all of the procedural requirements imposed upon it in order to qualify for the issuance of such licensa. 4. After proper prior public notice, a public hearing upon Petitioner's application was held before Council on January 14, 1990, at wh ich time Petitioner and various members of the public presented information and evidence to Council, in order for Council to render a decision upon such application under the criteria mandated by the provisions of 12-47-137, C.R.S., 1973, a~ ~· • ·\ !' I • - - • • • • • • ' i ! I t ·i I I '· • • .. • 5 . At such hearing, Petitioner presented to Council the signatures of some 3,201 persona favoring the issuance of auch license. Of such signatures l,093 were of resident•, busine•• owner•, or business managers of the neighborhood pre- viously deaignated by Council. The remaining 2,108 signatures were of persona who regularly patronized retail eatabliamanta located in close proximity ("Cinderella City") to the premises requested to be licensed by Petitioner. The latter signatures were presented by Petitioner in support of its assertion that "the reasonable requirements of the neighborhood" and "other facts• established a proper basis upon which the license should iaaua. 6. On February 4, 1980, Council denied Petitioner's application upon the bases and for the reasons set forth in its JReaolution No. 4, S.ri•• of 1910, a copy of which is attached hereto. 7. In malting auch decision, Council abused its diacretion, exceeded its jurisdiction and denied to Petitioner the rights 9ranted to it by the provisions of the pertinent statute in that council failed and refused to consider the reason- able needa of the neighborhood, as evidenced by th• needs of regular patrons of the neighborhood; and in that council failed to consider, or malt• findings upon, the fact that the number of such licenses within the neighborhood had not increased, al- though the n .. da of such neighborhood therefor had increased substantially over the years. lfHEREPORE, Petitioner prays that this Court: l. Issue its preliminary order and citation, directing IReapondenta to prepare, and certify, a full, CQllPlete and accurate record of all proceedings before them relating to the herein deacribed application, and to file the same with this Court on or before ~ date to be set therefor and, thereafter, to appear before this Court, at a time and date to be set therefor, then and there to show cause, if any there be, why this Court should not enter l ts order setting aside, and holding for naught, their -2- • '; .... ~ . I • • - - .· f • • • • • • • • decision upon Petitioner's application and granting to Petitioner such other relief as may be deemed appropriate. 2. After a review of the record of proceedings, enter ita order and judgment directing lle•pondenta either to grant to Petitioner the licenae applied for, or, in the alternative, to conaider all evidence proffered by Petitioner and, thereafter, to enter a new dec:i•ion in accord with the provisions of 12-47-137 c.a.s., lt73, as amended. Respectfully submitted, CRISWELL ' PATTERSON Counsel for Petitioner -3- - I • • ·In ~-'l v - - • RESOLUTION NO. 4 SERIES OF 1980~~~ • • • A RESOLUTION DENYING THE APPLICATION OF l<.P.L., INC. FOH A RETAIL LIQUOR STORE LICENSE WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, K.P.L., INC., a Coloracrt)corporation, has heretofore made application pursuant to the provisions of Article 47, Title 12, C.R.S. '73, as amended, for a Retail Liquor Store License to be located at Space KS-2815, Cinderella City Shopping Center , 701 w. Hampden Avenue, Englewood, Colorado; and WHEREAS, notice of .said· application and notice of public .. hearing thereon havinq been given, and the hearing having been · conducted on the 14th day of January, 1980 before the City Council as the local licensening authority; and WllEREAS,·all procedural requirements of the ·statute having been complied with; · · .. NOW, THBRBFOREi BE IT RESOLVED BY THE CITY COUNCIL OF ENGLEWOOD, COLORADO, AS FOLLOWS: .. That based upon the application of K.P.L., INC. and the statements, testimony and exhibits received at the public hearing, the City Council ·of the City of Englewood, as the local licensing authorit.y, does hereby make and adopt the following findings and . conclusions: l. That' the applicant, K.P.L., INC., is a tenant of Capital Alliance Corporation, as landlord, for store unit nt!mbers KS-2815 and KS-2822, said lease having been entered into on or ·about October 1, 1979 for a term of ten years (see Exhibit A and Exhibit D, Standard Lease Agreement). 2. That the sole 'stockholder of K.P.L., INC., Mr. Arnold Kimmell, and all officers and directors of the corporation are of good character and reputation, none having been convicted of a felony or a crime within any court of the United States or within any court of record within any state or territory of the United States. 3.· That all legal notices, publications and postings with ' referen~e to public hearing were proper and consistent with require- ments of Article .47, Title 12, C.R.S.'73, as amended ~ 4. That ' the City Council designated an area of two miles in radius · as the ,"neighborhood" to be considered in either granting or denying the applicant's request for the said Retail Liquor Store License. . .. . ; . . • I • - • • • • • • '.;. Mr. Max Scott, Prc:;.idc.rnl. of 0(:diplW, Inc., .1.200 I'e.arl Street, Boulder, Colorado, testified that he was employed by the City to conduct a survey to determine the need~• and desires of the residents of the neighborhood. lie submitted his report containing the methcd of petitioning and the statistical results of the survey (City's Exhibit•e•) and submitted five ,(5) petitions marked City's i·:xhibil:s "C-1" throu9h "C-5". 'l'hc.~ r<. .. :ai.ll::; of the Ocd.ipuH su1.·vey revealed that 1,074 total contact~.; W(!l"•~ atl:emptcd and ol' that figure, 597 were not at home, but that 4/7 actual contacts were made within . the defined neighborhood. Of the 477 actually contacted, 161, or '):0.71?:, !:i.CjlleC] thC! pnlil i11t1 :;l;il·inq t·h.il Iii" 111•1•d:; :111tl dt:::irc::; Of ll1l! 11ciyh1Ku7huocl were not. met; L1.o; u1: t11l.:l!I'.'., ::j•Jncd i.11 oppo:·;itiun stating that the needs and desires of the neighborhood wc1.·e met ancl signed the petition against the issuance of the license. Of the 133 remaining contacts, 25 would not :>ign any petition, GO preferred to remain neutral, 39 indicated thcy niay have previously Si(!.ncct the petition, although Hr. Scott indicated this was unlikely, 29 were not qualified to sign the petition, 5 did not use alcohol, and 22 gave m:isccllnncous rca11ons f.or U<.'t sit.~nin~ either fut· or at~a i.nst (pa&c 3 .City's Exhibit "B") • · Mr. Scott stated that the degree of acceptance for the .:ipp.licant appeared to diminish in those arc<ls closest to the location. 6. The applicant, ·K.P.J •. , INC., submitted nwnerous exhibits and petitions. The petitioners were gen0r.ally divided into three <J coups, one, the petition of residcn t;s o ( t :hc designated 11cighborhooc.l, the petition of buainess owners and managers within the neighborhood, and patrons of Cinderella City Shoppin9 center.. 'l'he fol.lowing is the 1..-1bul.:it.i>Jn of petitions :rnbmitted by l:hc .:ipp .l .ic:;rnl:: APPLICAN'l' Residents ousiness Owners, Managers Patrons • S.i.gn.:i tu res 1,094 130 2,108 Valid Signatures 963 130 2,100 Mr. Bill Alpert of New York City appeared before Counc.:il a:ad tesifiecl that he was an attorney practicing law in New York City and one of the owners of Cinderella City. lie furthe1: testified that he . felt there was a definite need at th1:• C.entcr in pt'CJVicling services for :=;hr-,ppin9 for food ilS well. i\S liquor. 'l'hc .,ppl..ic.:ant [11t:thcr prcsenl:c."1 tc:;timony from Mr. James M.11w~1er: o[ lhc C.i .11<lcrnlla Cit'/ complex, who testified ,1:; to the urea, 111<1rk1~t 1\i:en, ~1<:·m·t·.:i.1 charuc:t.<.:l·- istics of the Center, its activity, Rn<l a description of the nci9hlx1r- hood location. •.rhe applicant called .iddi tional wi tncsses, includin<1 -2- • I - ( • • • • • ·the Manager of t he Joslins store at Cinderella City, who was aiso President of the Merchants Association, who indicated he favored the issuance of the license to the applicant. Mr. Lee Morrison, of Denver, appeared before Council and testified that he was the Market Analysis Respresentative for King Soopers, that King Soopers (the tenant immediately adjoining the, ·applicant's premises on the east) had taken a neutral position in the matter of whether the license should or should not issue. 7. Those appearing in opposition, through their attorney, Mr. Alan Dill, submitted opponents' exhibit, being marked Protestants' Exhibit •A• containing 3,188 signatures, of which 3,072 were valid signatures, in opposition to the issuance of the license and stating that the existing Retail Liquor Store outlets in the area, which consisted of fourteen (14) such package stores and one (1) Liquor License drug store, were sufficient and that the Aeeds of the neigh- borhood were in fact being met by said existing liquor outlets •. The opponents submitted the testimony of approximately thirty (30) individuals, who were either owners or residents of the neighbor- hood . as well as those who owned or .operated competitive liquor stores, testified generally that the area was adequately served with existing package store licenses and that none, in addition, was needed. All testified that they had no difficulty in purchasing package liquor of their choice in the neighborhood as defined by Council. · The City Council therefore finds and concludes from the state- ments of witnesses and the exhibits and petitions presented at the hearing that the neighborhood, as defined by the City Council, con- tains fourteen (14) retail liquor store outlets within the City of Englewood and also a liquor license drugstore, (See City's exhibit and map defining neighborhood and location of existing outlets); that a majority of the residents within the neighborhood and the business owners apd managers, approximately 3,072, opposed the .issu- ance of the license on the basis that the neighborhood is adequately served by the existing outlets. The applicant presented 3,200 valid signatures .supporting the issuance of the license, that two-thirds, or 2,108 of those signatures•were those of patrons of Cinderella City Shopping Center, and City Council finds and concludes that it is bound by the statement of the Supreme Court in Canjar y. Huerta, 193 Colo. 3C8, 566 P.2d 107l(l977)~n which case the Supreme Court stated as follows: "In making a licensing decision, the relevant consideration is neither the needs of the. applicant, nor even the desires of the patrons." Also citing Board of County Commissioners v. ~· 153 Colo. 230, 385 P.2d 590 (1963). -3- I l I I I . - '· • .. • • • ( ( Consequently, the desires of the 2,108 patrons of Cinderella City may not be considered, so City Council concludes, under tnese circumstances, the vast majority of the residents of the neighbor- hood are opposed and do not desire the issuance of the license and that the existing similar licenses are adequate to serve the reason- able needs of the neighborhood. ' .. ADCPTEO AND APPROVED this 4th day of February, 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 fore- qoinq is a true, accurate and complete copy of Resolution No. 4 , Series of 1980, passed by City Council on the..lt1h-day of Febr\i'ir'Y'"" 1·980. Gary R. Uiqbee • -4- • I • • ~-·to - ' I ,.I • • ( -~ ., • • • . ,. IN THE DISTRICT COURT IN ARD P'OR THE COUNTY OF ARAPAHOE STATE OF COLORADO CIVIL ACTION NO. II-ff CJ C I)~ ~V. 8" K-P-L, INC., Petitioner, v. CITY OF ENGLEWOOD: THE CITY COUNCIL THEREOF: EUGENE L. OTIS, BEVERLY BRADSllAW, JOE BILO, TOK FITZPATRICK, JOHN NEAL, JIM HIGDAY, ARD BETTY K~ KEENA, AS MEMBERS OF THE CITY COUNCIL, Re•poncSent•. • .• t The Court, having con•idered the petition filed herein, hereby directs the Clerk of thi• Court to i••u• citation to the Re•poncSenta herein , requiring ••id Re•pondenta to: 1. l'T9pare, certify and with the Clerk cf thia COian, on or krore the ~'a.,Y of =~....:..;;,f,....:;. ___ , 1'10, the full reocord of all proceeding• held reapeetin9 tJle Pe i t i o '•application for a retail liquor •tore lice.,.., which a uc record •hall include the complete and full tranecript of •uch pro d i ng•: 2. s~multaneoua with the filing of such record, Re•pondents shall file with the Clerk of this Court, and shall provide a copy thereof to Petitioner'• counsel, a •tate .. nt of costs for the preparation of such transcript: andft.. thia Court on the~ day of ~,' .. tio'clock ~.M ., then and there 3. Appear before '}i:r 1980, at the hour of to show cause, if any there be, why the relief requested in the petition should not be granted. It is further ordered that, within ten (10) days o f the receipt of Responde n ts ' statement of co•ts for the trana- cript, Petitioner shall either pay such amount to Respon.~ents or, in the alternative, file written objections to the amount • I • - - • • -y • . I . ' ' . ' ' ;,; ,. r ~i ~ .. ··! • • • thereof •llh•eciuent.ly'..-. • dete rm i nation of the amount thereof . ~ : : I • i-!r Done thi s ~ day of March, 1980 . ! • \"lz • ,.r BY THE COURT .·. ':: .. 5.{; .. · . .':· I •, I . -2- _ .... • - - • • •f .; j i ·f · 1 ·! • • • IW TRI!: DISTRICT COOltT IW Alfi> POlt TR! COONTY OP' AAAPJUIOE STATE OP' COLORADO CIVIL ACTION NO. K-P-L, INC., Petitioner, v. CITY OF ENGLEWOOD; THE CITY CITY COUNCIL THEREOF; EUGEN! L. OTIS, BEVERLY BRllDSHAW, JOE BILO, TOM FITZPATRICK, JOHN NEAL, JIM RIGDAY, AND BETTY K. KEENA, AS MEMBERS OF THE CITY COONCIL, Reapondenta. To the Sheriff of the County of Arapahoe, GREETINGS: There having been a certain order entered by the Court in the above-atyled action, a copy of vhich ia attached hereto, theae preaenta, therefore, are to co8111and you to cite and to give notice to the Re•pondenta above nu.d that they, and each of them, ahall: l. Prepare, certify and file vith the Clerk of thia Court, on or before the ~-day of ~~~~~-1980, the full record of all proceedings held before them reapecting the Petitioner's application for a retail liquor atore licanae, which such record shall include the complete and full tranacript of auch proceedings; 2. Simultaneous with the filing of auch record, Respondents shall file with the Clerk of thia Court, and ahall provide a copy thereof to Petitioner's counael, a atatement of costs for the preparation of such transcript: and 3. Appear before this Court on the day of ~~~~-' 1980, at the hour of o'clock ~-·M., then and there to show cause, if any there be, why the relief requested in the peti tion should not be granted. ' ... ~ . : ".· : ••• 1 : . i ·~ . .. . ... • • :. .,:;o . \ I • .·.! • ~v • -• • • I Issued this ~-day of March, 1980 • • CLl!!RJt OF TH!: COURT .... • . i: ,•, \ • • I • • -2- .... • • - • • • • 8 A 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 March 20, 1980 CML/Rate Increase Proceedings, Mountain Bell INITIATED BY City Manager ACTION PROPOSED Participation by the City of Englewood with Colorado Municipal League in opposition to the pending rate increase proceedings of Mountain Bell. INTRODUCTION The Colorado Muncipal League (CML) has requested financial participation by Colorado municipalities in its opposition to the proposed 1980 Mountain Bell rate increase. Information is attached from CML fully explaining this participation. f BACKGROUND f f • CML has participated in the past in rate proceeding hearings before the Public Utilities Commission for rate increases requested by Mountain Bell and the Public Service Company. The City of Englewood has joined CML in these proceedings. As you can see from the attached information from CML, the League plans to partici- pate in the 1980 Mountain Bell rate increase request. In January of this year, the City was contacted by CML and asked about our interest in supporting this action. At the direction of Council, staff responded to this inquiry in the affirmative. A copy of this response is also attached for your information. FINANCIAL DETAILS The League is now requesting our confirmation of this response. Our share of this proceeding will be figured at $0.04 (four cents) per resident which would total $1,488.12 (see detail information attached). CONCLUSION AND RECOMMENDATION It is the recommendation of this office that Council authorize the participation of the City of Englewood with the Colorado Municipal League in this proceeding. • I • - • • - \' • SUGGESTED ACTION: MOVED BY __________ _ I . ~ rl~:~:=CS O=N=D==-=~--=-~--~N~O=~=-=-~ -~--~~~-A~B~S--EN~T~-=-~-=-~---_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__ -_==_====----· ~~---------~~iiiiiliili._,;j;;;;~.~~~~ • - • • • • • • Colorado Municipal League Immediate Action Requested TO: Mayors and Manager s or Clerks FROM: Kenneth G. Bueche, Executive Director SUBJECT: Participation in Mountain Bell Rate Increase Proceedings DATE: March 17, 1980 On January 28, 1980, the League staff sent a memo to mayors and managers or clerks re- garding the proposed 1980 Mountain Bell rate increase with a form asking for an inci- cation whether your municipality favored participation by the League on behalf of municipal and consumer interests and whether your municipality would be willing to contribute to finance League involvement. Of the forms returned, an overwhelming majority have indicated that they believe the League s hould participate and would be willing to help finance League participation. In light of this information, the League Executive Board has authorized the League to participate on behalf of Colo rado municipalities and their citizens. As in the past, League participation will focus primarily on reducing the proposed rate hike rather than involvement in how any authorized rate increase is spread among classes of cus- tomers. (At this time it is not known whether there will be any League participation in how the rate increase is spread among classes of customers .) The Board also voted to finance League participation through assessment of 4 cents per capita from all member cit ies and towns which voluntarily decide to participate. Subject to the availability of funds, League involvement will include participating in hearings and other proc eed- ings before the PUC, and possibly in related litigation and judicial review proceedings. The Executive Board also directed that, after conclusion of all proceedings and any litigation relating to the 1980 rate application and after deduction of accumulated interest , any balance remaining from these 1980 voluntary assessments will be returned t o participating municipalities on a pro rata ba sis if s uch balance is in excess of 1 0 pe r cent of the total am o unt r ece ived from partic ipating municipalities. If such balan c e is 10 percent or les s of the total amount, the balance will be transferred to the League general fund. CML Repre sentation and Cost. Special Counsel Leonard Campbell has again been retained to represent the League. (Mr. Campbell represented the League in the prior Mountain Be ll rate proceedings.) As we have mentioned in the past, special counsel in utility r a te matters is needed since proper representation in these cases requires expertise in utility rate law and proceedings, and League attorneys do not have such expertise. Ad- ditionally, the time of the Leagu e attorneys is already fully committed to other League assignments, and utility rate proceedings involve extensive time commitments. The League also plans to retain one or more utility experts to testify during the pro- ceedings . Suite 204. 4800 Wedsworth Boulev.-d • What Ridge. CO 80033 • l303J 421-8630 • I • - • • • • • Mountain Bell Application. In brief, some of the highlights of the 1980 rate increase request are as follows: 1. The request would increase total Mountain Bell intrastate authorized revenue by approximately 17.4%, or $78.6 million annually, through various increased rates and charges (subject to any reduction neces- sary to comply with the President's wage and price guidelines). 2. The request would increase flat one-party monthly rates in a range from $1.34 to $1.50 for residence customers, and fro'm $3.00 to $3.40 for business customers. 3. The request would decrease overall by 4.6% rates for long distance calls within Colorado, lowering the average call from $1.24 to $1.16. This would result from a decrease in the price of most customer-dialed calls and an increase in the price of many operator-assiste~ calls. 4. The request would change a wide variety of rates affecting residential and business customers. Previous CHL Participation in Mountain Bell Rate Hearings. CHL first participated in PUC rate hearings involving Mountain Bell in 1953. Appearance by the League in other rate increase applications of Mountain Bell (1968, 1970, 1972, 1973, 1974, 1975, and 1977) have helped reduce rate increases which otherwise might have been approved. Perhaps the most noteworthy participation by the League occurred with respect to the 1968 application when Mountain Be ll applied to the PIJC for authority to increase its revenues by about $35 million annually. At that time, 73 Colorado municipalities con- tributed to finance League participation in the proceedings. Although the PUC's final award was substantially less than was sought by Mountain Bell, the League appealed the decision to the Colorado Supreme Court which reversed the Conaission'a decision in two areas, both representing a further victory to consumers. After additional pro- ceedings, the League was instrumental in finally obtaining a refund to Mountain Bell's customers of approximately $3 million plus accrued interest. Additionally, the Supreme Court set an historic precedent by ruling that reasonable attorney's fees and other out-of-pocket expenses incurred by the League and its participating 11Unicipalities for costs incurred in representing consumer interests could be charged against the accrued interest. As a result, in 1973, member municipalities which participated in the 1968 rate proceeding received a refund of the exact amount they contributed to finance the proceeding. Reasons for Your Municipality Participating in 1980 Rate Proceedings. Following are some reasons why your muni c ipalit y may wish to participate in the proceedings: • 1. Participation c ollectively by many municipalities will help ensure that your citizens, as customers of Mountain Bell, will have a strong voice before the PUC to oppose the prospects of large increases in tele- phone rates. 2. In additio n to the direct impact upon your citizens, the prospective increased c o st s of telephone service for your municipal gover1111ent alone may well exceed the 4 cents per capita assessment to your municipality. -2- • I • - • • • • • • 3. Full scale participation by the League will afford the possibility for complaints regarding Mountain Bell's service or lack of service to be aired before the PUC. Those municipalities which elect to participate financially will have the opportunity, and are invited to submit to the League office, their written complaints, or the written complaints of their citizens, in connection with Mountain Bell's service or the failure of Mountain Bell to provide adequate service. These complaints will then be forwarded to League Special Counsel, Leonard Campbell, for possible use. While obviously all complaints cannot be aired before the PUC, this may provide a method for bringing some service complaints to its attention. 4. Your participation with other municipalities and the Municipal League will again provide local officials with a united approach to resolve a co1m110n proble•. Projected Effects of Proposed Rate Rike on Your Municipal Budget. Special Counsel Leonard Campbell has suggested that municipalities may wish to contact their local Mountain Bell representative to have an estimate prepared on the fiscal effect of Mountain Bell's proposed rate hike on their municipal telephone service. Some pre- liminary information indicated that the proposed hike might hit some municipal systems particularly hard . Action. Enclosed with this memo to the manager or clerk is a statement indicating your municipality's financial share based upon 4 cents per capita, using 1976 population estimates of the state division of planning for your .municipality. We request that those municipalities electing to participate re•it their Pa)'!lent to the League office as soon as possible. Your prompt cooperation is needed so that the amount of available funds for participation can be ascertained. Your voluntary financial participation will be appreciated regardless of whether you returned a form earlier eltl'ressing interest in participating. Questions. If there are any que stions concerning League involvement, please feel free to write or call Jane Roberts, general counsel; Nancy McAninch, office manager; or me • • I • • - - ( I • • ( • • • • City/Town En g l e wo o d, CO Name An<l y McCo wn Title City Man age r Date Fe bruar y ~, t 9S U Should the League participate on behalf of consumer and municip.11 interests in Mountain Bell's 1980 proposed rate ir,crease proceeding? !f....I!!., should the League still participate in the rate proceedina even if some other person or group (such as the new Colorado Office of Consumer Affairs) decides to participate in the rate proceeding which ensures (in the opinion of the League Executive Board) adequate consumer representation? If the Executive Board authorizes League participation, would your municipality be willing to contribute 4 cents per capita to finance League participation? (A "yes" re- sponse is not a commitment of financial participation by your aunicipality, but an indication of probable financial support if the League Executive Board decides to authorize League participation.) Other comments If the Executive Boan! Jcci<lcs that the League will participate in the above described rate proceeding, each member municipality will be so informed and additional informatlon will be 11ent at that time • Please return the completed questionnaire, if possible, by February 12, or as soon as possible to: Colorado Municipal League 4800 Wadsworth Blvd., Suite 204 Wheat Ridge, CO 80033 • I • • - • • c~· • • • 8 B 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 March 19, 1980 Urban Drainage and Flood Control Amendment INITIATED BY Kells Waggoner, Di rector Public Works ACTION PROPOSED Approval of amendment to original contract INTRODUCTION: The attached is an amendment to the prior agreement dated March 5, 1979, with Urban Drainage and Flood Control District for work on the Little Dry Creek Drainage Basin. BACKGROUND INFORMATION: A portion of the prior agreement was for a feasibility study for Belleview Dam. At a meeting in Greenwood Village with public officials and citizens of the area it was determined that the feasibility study of Prentice and Berry dams should be undertaken. At the Council study session on March 3, 1980 our willingness to participate was indicated. FINANCIAL DETAILS: Although the amended contract spells out the projected total costs this amendment will cost the City an additional $8,505. Greenwood Village has agreed to participate for their share. LEGAL: The City Attorney has indicated that a motion to approve the amendment is all that is necessary . • I . - • • • • ,,._ . ( CONCLUSIONS ANO REC°""ENDATIONS: Because it is important to Englewood to pursue any possible detention areas on Little Dry Creek it is recornnended that the amendment to the original contract be approved. SUGGESTED ACTION: A motion authorizing the mayor to sign the amendment to the original contract . MOVED BY~-----------~ ('~--v5_:: __ 0_=ND=~~=-~-=~~~N~O~~~~~~~=~~=-~--A-~B~SE--N~T~~~~~~~~----~------~----~--~~--~~--------~--~--~----~--~------1 • • I - • • ( Fiuu~·:.l:y c:c:::,~ ~ • C.1tny Rt·) 11ctit1s o C ity OI Den~r ~ K~n ne:h 'A Gouetl ~ C11y of A.n·ad• Q K1.·11ncu 1 M u .. c1111osh ~ Citt ot Oe nvet :i > Jo.,n J Nicholl z A ·ar ... 1'1oe County ~ l,k1. l c rs w " r 11 11 J\:o-!1•1•.nn ~ ~' ,., ·~ .. ,n Cou111y ~ ,. .. ,. 01109~ ~ '··! ,,., .. C'n •• n ty ~ H Jlh A C011ell ~ r :f ol nnulde1 o .. o ·, ... a A Oily ~ fll:J ll lt'CI WG O.mc,11 n Oci.rti l 1~ C:o ur1 1y 41 .. \'. .1m H t)CIJ •C 101s '!J r.·y ut n ..... , ... '-'' ::' c:.1 11) r .1 · .. ru1 s :, r..-y u t l 1'···1;:,n "' 1 1., .... , ,,. .. , , , I n,,• •,., \ :,. e,,I f l-r11n1tin 1.1 1 ..;.1 ·:1·· ~·1,.~os C··, o' D·:'"~' ( • l . Scott Tucker. E•ecuttve 0 1rec 1or Mr. Kells Waggoner Director of Publfc Works City of Englewood 3400 South Elati Street Englewood, CO 80110 Subject: Little Dry Creek • • • Allendment for Feasibility Study of Prentice and Berry Dams Dear Kells: March 18, 1980 Enclosed please find 3 copies of Agreement No. 80-3.3 which amends Agreement No. 79-1.2 setting forth the feasibility study of Belleview Dam and design of Little Dry Creek channel from Santa Fe Drive to the South Platte River. Note that the costs are the total project costs. The additional cost for Englewood is $8505 and for Greenwood Village is $945 per pre- vious COlllllUnications . These amounts would be deposited with the District on final s i nging of the Agreement . If this Agreement is satisfactory, please have the Council act on it and return it to the District . BHH/lf En c losures cc : John Jerman Sincerely, ~./ 0. H. Hoffmaster Chief . Design and Construction Program • I • - • • ( • ! i j :· 1 I I ·i ; A~:E NDMEN T TO • • • AGRE H'.LNT REf.ARDI iG A HAS IBILIT Y STUDY, FIN AL OlSIG N, AND R I GH T-OF-l~AY ACQUISITIO N FO R H:PRfl VEMrNTS ON LITTLE DR Y CREE K Ag r eemen t No. B0-3.3 TIUS AGRW'.EN T, made thi s _____ day of --------·• 19BO, by •nd bell• e n the URBA :i ORA! ~AGE AllD FLOOD CONTROL DISTRICT (here ina fte r called "D IST RICT"); tt.e CITY OF ENGLEl.'000 (here i nafter ca lled Etl GLEWOOO); and the CITY ~F GREENWOO D VILLAGE (he reinafter called "r.REEN llOOD"); llIT:I ES SETH: WHEREAS, it has be coiie necessa r y lo amen d Ag r eer-e nt Regarding a Feas i bi 1 i ty Study, Fi nal Design , and Ri ght -of-W ay Acq uisit ion for Imp r oveme nts on Little Dry Creek (Agreenen l tl o. 79 -1 .2 ), en t e red i nto on the 5th day of March , 197 9; and WHE REA S, GR E['IWOOO, £NGLH!OOO and DISTRICT find it desirable to i nclude the feas i bil it.Y of Berry and Pre ntice dams as defi ned in a drai na ge master pl an for Little Ory Creek entitled "Major Draina9ewa.v Planning, Little Ory Creek" by McCall-Ellingson & Morrill, Inc., Consulting Engineers, dated February, 1974; and WHEREAS, at a meeting in GREEtlWOOO VILLAGE with public officials and citizens of the area it was determined that the feas i bi 1 i ty study of Berry and Prentice detent ion dams should be undertaken; NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree to amend the original Agreement as follows: 1 • SCOPE OF AGREEMENT Paragraph 1, SCOPE OF AGRE EMEN T, is ame nded in whole as follows: This Agreerrent defines the respons i bilities and financial commitments of ENGLE\1000, GREENWOOD and DISTRICT with respect to a f e asibi 1 i ty study of locat ing a detention f ac ility on Gr eem•ood Gulc h 13~0 fee t "?S tream of Belleview Road and at t he Pr e nti ce and Berry dete ntion dam s ites as de f i ned i n a drainage maste r plan for Lit tl e Dry Creek entitled, "Major Drainagewa y Planning, Little 9ry Cree k" ty ::cC•ll ·Ell irgson & t·'orrill, Jnc ., Consulting Engineer s , date d Febr uary, 1S7 4 in GRI c1;::00D VILLAGE and fina l de sign of t he chan nel ir:iprove- nents and acquisition of ri 9ht-of·i<•Y on Little Dry Creek within £r;GL EliOOD from the Sou th Platte Riv e r upst.rPeim to San ta fe Drive as dt f ined he re i n . 2 . SCOPE _~J£C T Paragraph 2.1, F_ecsi bilj .!J_St_!!.'!x, is arr.en ded in i ts en tirety as follows: I of 3 • I • ·( - ., ! I < .: ·I .• 1 ' 1· ., '.~/ i I ·I ' • J l\! ' ) • (. ;r • • • • The f easibil ity study shall consist of an analysis of the feasibility of locating a detention fac i lity on Greenwood Gulch ups tream o f Belleview Roa d 1300 feet, and at Prentice an d Berry dam sites as defined i n the drainage master plan fo r Littl e Ory Cree k enti tl t ed "Major Dra inageway Planning, Little Ory Creek" by Mc Call-Ellingson & Morrill Inc ., Consulting Engine e rs, dated Fe brua ry 1974. The feasibl11ty study would consider various embanlme nt configurations, spillway locations, cos ts, subsurface analysis, and other analysis to determl ne the f easi bility of each dam site. A cost cor.iparlson analysis will be made of the Belleview dam site versus the coMbined Prentice- Berry da m sites on an economic and engineerin9 feasibility basis. 3. PROJECT COSTS The second paragraph is amended as follows: It is understood that the project cos ts as defin"d above are estimated not to exceed $399,000.00. Pro j ect cost s for the various elements of the effort are esimated as follows: 4. basis: a) b) Fea sibi lity s tudy Final design engineering S30,900 .00 1) Final design basic servic"s 33,000 .00 27,000 .00 9,000.00 99,900.00 2) Final design special services 3) Contingency (ls: of 1 and 2) Total final design engineering c) Right-of-way d} Pro j ect total cost 300,000 .00 399 ,900 .00 Al.LOCATION PND PAYMENT OF EST !MATEO COSTS The summarization of t he allocation of costs is a1:1ended as follows: Th" Part ies agree that project costs shall be shared on the following A. Feasibili ty s t udy total costs S30,900 .00 DISTRI CT 50% Sls,•sn.oo Er:GLE!JOOO 45% 13,905.00 f.REEllHOO O 5% 1,5•5.00 The other portions of this para9raph shall remain unchange d. 2 of 3 • I ! ,. ' I '·· . -· • !. .. ~f ~· :.~~. ~ .. ~ . ) ' ·:·, '·. I • ~.· •). ..--:: ,._ - - ... ) '! i .1 ( '1 , , .1 • 'I 'j ·1 • ,• • ( • • • • 5. All other te rm s and conditions of thi s Agreerrent shall remain unchanged and in full force and e ffec t. WHEREFO RE, the Parties hereto have caused this instrument to be executed by properly authori zed signa tor ies as of the date and y ear abo ve written. (SEAL) ATTEST : (SE AL) ATTEST : (SEAL ) ATTEST : 3 of ·J THE URBA N DRAINAGE AND FLOOD CONTRO L DISTRICT CITY OF ENGLEWOOD Date CITY OF GREENWOO D VILLAG E Tit l e ____________ _ Date ~------------- • v \~ .. '<·,.~~'i ··~ t\:'~jj1~~-: ' .. .. : . .s..: >-11 ... , · ~<-.~ -.. i = ·~~~4/~ : ; ~-:.-· ·,' ! ·. : I'~ ... :'· ~-':·: ,:::~:"- r • .,. •• '; .·'~\ ·~ ,;.: ~ •'. i· •••• • .. r / I _. ' . , ...... . . ·. ' ~ .. ~. ' .- ... ' ~ --. '.!._.:. " -, ... ·· .. <,.·( <• ... .. " I •