Loading...
HomeMy WebLinkAbout1979-05-07 (Regular) Meeting AgendaCITY COUNCIL l1EETING -Regular May 7, 1979 • • - 0 • • • • - CITY COUNCIL MEETING MAY 7, 1979 ORDINANCE #/"A 22! 23 RESOLUTION IF JZ, ft. ~, _zl , n • 0 I . • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO May 7, 1979 ICL The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session at 7:30p.m. on May 7, 1979. The invocation was given by the Reverend Rosemary Morris, Englewood Mayflower Congregational Church, 3001 South Acoma Street . The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Community Development Wanush Assistant Director of Community Develop- ment Reddy Director of Utilities Fonda Director of Finance/ex officio City Clerk James Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 16, 1979. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried . * * * * * * • I • • - May 7, 1979 Page 2 • • • Mayor Taylor encouraged everyone to vote in the school board election, May 8, 1979. * * * * * * COUNCILMAN WILLIAMS MOVED TO APPROVE THE PROCLAMATION DECLAR- ING THE MONTH OF MAY, 1979, AS "YOUTH MONTH". Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. Deputy Clerk Watkins read the proclamation and Mayor Taylor presented it to the pre-scheduled visitor Mr. Harry Musser, 5065 South Huron Street, P.E.R. Englewood Elks . Mr . Musser thanked Council for this recognition. * * * * * * ~~ Pre-scheduled visitor, Mr. Leonard A. Billingham, 4363 South Grant Street, was present . Mr. Billingham requested approval of an encroachment into the City's right-of-way for a 34-inch split-rail fence which has been installed across the front of his property . • Director of Community Development Wanush appeared before Council and stated there were no objections to Mr. Billingham's re- quest. Director Wanush stated Assistant Director of Community Develop- ment Romans has discussed with Mr. Billingham that by signing the agree- ment he is committed to removing the fence upon request from the City . COUNCILMAN CLAYTON MOVED TO BRING FORWARD AGENDA ITEM 6E "MEMORANDUM CONCERNING THE ENCROACHMENT REQUEST AT 4363 SOUTH GRANT STREET". Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None . The Mayor declared the motion carried. COUNCILMAN CLAYTON MOVED TO APPROVE THE ENCROACHMENT REQUEST FOR MR. LEONARD BILLINGHAM, 4363 SOUTH GRANT STREET. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows : I • - • • May 7, 1979 Page 3 Ayes : Nays: • • • Council Hembers Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * Hr. Charles Roland, 424 West Oxford Avenue, appeared before Council on behalf of Mrs. Dorothy Roland. Mr. Roland requested Coun- cil's approval to install a 48-inch chain link fence along the front and to the side of their property which would encroach into the City's ri6ht-of-way on South Elati Street and West Oxford Avenue. Director Wanush appeared before Council and stated there were no objections to the request. Mr. Wanush stated it would be appro- priate to grant the encroachment if the fence is no higher than 42 inches required by ordinance for fences installed in front yards. COUNCILMAN CLAYTON MOVED TO BRING FORWARD AGENDA ITEM 6F "MEMORANDUM CONCERNING THE ENCROACHMENT REQUEST AT 424 WEST OXFORD AVENUE". Councilman Hann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. COUNCILMAN CLAYTON MOVED TO APPROVE THE ENCROACHMENT REQUEST FOR MRS . DOROTHY ROLAND, 424 WEST OXFORD AVENUE, WITH THE STIPULATION THAT THE FENCE NOT BE OVER FORTY-TWO (42) INCHES HIGH. Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Clayton, Mann , Williams, Weber, Smith, Harper, Taylor. Nays: None . The Mayor declared the motion carried. * * * * * * Director of Utilities Fonda appeared before Council and dis- cussed the bids received for the Allen Water Treatment Plant additions and improvements, Dartmouth Avenue Pump Station and Bear Creek Pump Station modifications, and the elevated tank . Mr. Fonda stated he • I . • May 7, 1979 Page 4 • • • ... had recommendations for all the projects except the elevated tank and that recommendation would be forthcoming at the next regular Council meeting. Mr. Fonda recommended that Council accept the following bids: Project Allen Treatment Plant Dartmouth & Bear Creek Pump Stations Water Transmission Mains TOTAL Contractor Olson Construction Co. Powder Horn Constructors Holsam Concrete Co. Bid $ 4,708,496.00 184,496.00 2,498,146.00 $ 7,391,395.00 Mr . Fonda stated the low bidder for the Allen Treatment Plant was Petry-Vappi; however, they re~uested to be withdrawn claiming they had made a mathematical error. Mr. Fonda stated the City Attorney has advised him that collection of the bid bonds from Petry-Vappi would probably be unsuccessful; therefore, that was why he was recom- mending the Olson Construction Co. Mr. Fonda added the bid from Holsam Concrete Co. included $10,975.00 for the polyethylene encasement of the pipes. COUNCILMAN HARPER MOVED TO ACCEPT THE BIDS PRESENTED FOR THE ALLEN TREATMENT PLANT TO OLSON CONSTRUCTION COMPANY OF $4,708,496.00; FOR THE DARTMOUTH AND BEAR CREEK PUMP STATIONS TO POWDER HORN CON- STRUCTORS OF $184,496.00; AND FOR THE WATER TRANSMISSION MAINS TO HOLSAM CONCRETE COMPANY OF $2,498,146.00. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried . * * * * * * Pre-scheduled visitor, Mr. Lynn Massa, 4795 South Broadway appeared before Council. Mr. Massa discussed his objections to the City moving Fire Station #3 to property adjacent to his property. Mr . Massa stated from a community standpoint the relocation would be un- desirable because the streets are too narrow percipitating traffic problems. Also, there were several schools in the area making it hazardous for school children. From a personal standpoint, Mr. Massa stated he felt it would force him out of business because the lot he uses for parking would be taken by the City. Mr. Massa stated if • I • • • • • .. May 7, 1979 Pag e 5 the City would change the zoning of certain property in that area to c omm ercial then he probably would not be hurt. Mr. Massa stated there were several locations o n Bro adw ay t h a t were not meeting code; namely, temporary buildings with no f o undations at : 3778 South Broadway 3940 South Broadway -two semi-trailers were paked out in the back lot 3800 South Broadway Quincy and South Broadway 4480 South Broadway * * * * * * Pre-scheduled visitor, Mr. Elmer Schwab, 4795 South Inca Street, appeared before Council and discussed his concerns about re- location of Fire Station #3. Mr. Schwab objected to spending mone y to relocate the station and felt it should be spent helping those people who had frozen water pipes last winter. Mr. Schwab suggested delaying the move until the State Department of Highways widens Belleview at which time they would have to take the financial responsibility of relocating it. Mr. Schwab stated the proposed location is hazardous for the same reasons stated by Mr. Massa. Mr. Schwab stated the pre- sent location serves it purpose and encouraged Council to study the matter further . * * * * * * Pre-scheduled visitor, Mrs. Laura Dreher, 1305 East Howell, Se attle, Washington, appeared before Council. Mrs. Dreher stated she r e ceives her sole income from the property located at 4811 South Broad- wa y and would be forced to sell it if the City relocates the fire station a t the corner of Layton and Acoma Streets. Pre-schedule d visitor, Mr . Stephen Dreher, 54 West Layton Avenue, and Mr . Michael Haran, appeared before Council and presente d a r g um ents on t h e proposed relocation of Fire Stat i on #3 . The y pre - s ent ed a map illustra t i ng current f ire stat i on locat i ons and each station 's re sponse time . Mr . Dreher questioned why the relocation was necessary . City Mana g er McCown stated there were too many traffic p ro- blems on Bellevi ew Avenue. The results of a study conducted in 1973 by Public Technology, Incorporated, identified thi s particul a r fire sta t i on to be in the wron g location and recommended moving it further to the north and east. Mr . McCown stated funds were first appropriated in 1973 ; however, the proj ect has been given a low priority until this y ear. Mr. Dreher op p osed the proposed site f or the following rea - son s: 1) it would involve the taking of a res i dential home ; 2) the f i r e • I • - • May 7, 1979 Page 6 • • • truck would go by the front of two schools; 3) time would be lost traveling over the dips in the street on Clayton; 4) the traffic is too heavy for access onto South Broadway; 5) the streets are too narrow on Layton and Acoma; and 6) parking would probably be banned at the businesses of Massa Glass, the Tackle shop, neighboring apartment buildings and single-family residences in the area. Mr. Dreher suggested the following alternatives: 1) renovate the volunteer fire station at Quincy and Federal; 2) relocate at Tufts and Navajo where there are no residential homes, two lots are for sale, and close access to schools and major arterials. Mr. Dreher stated he hoped his agruments proved a need for further study on the proposed relocation of Fire Station #3 . Pre-scheduled visitor, Mrs. Betty J. Wike, 4985 South Huron, appeared before Council. Mrs. Wike stated several people in her neigh- borhood want to keep the station at its present location. Mrs. Wike stated she was a member of the Dreher family, grew up in the area of the proposed site, and would be disappointed to see the City take it. Mrs. Wike asked that the small merchants not be forgotten and some of them would be hurt if the parking was taken away. She felt the traffic problems would be just as bad on Broadway as they are now on Belleview. She appealed to Council not to take away the property owned by her sister-in-law, Mrs. Laura Dreher. Mrs. Wike asked the audience for a show of hands of those who were in support of Mrs. Dreher. Approxi- mately 40 people held up their hands. COUNCILMAN MANN MOVED TO BRING FORWARD AGENDA ITEM 7D "A RESOLliTION CONCERNING THE RELOCATION OF A FIRE STATION". Councilman Williams seconded the motion. Upon a call of the roll, the vote re- sulted as follows : Ayes : Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Hayor declared the motion carried . COUNCILMAN MANN MOVED TO POSTPONE THE RESOLliTION FOR TWO COUNCIL MEETINGS UNTIL THE FIRST COUNCIL MEETING IN JUNE. Council- ma n Williams seconded the motion. Ayes : Council Members Clayton, Mann, Williams, Harper, Taylor. Nays : Council Members Weber, Smith. The Mayor declared the motion carried. Councilman Smith stated postponement would not accomplish any th i n g wi thout additional information, citizen input and planned • I • • May 7, 1979 Page 7 • • • presentations from staff. Councilman Smith stated there needs to be an open forum for citizen input. COUNCILMAN MANN MOVED TO SET A PUBLIC HEARING FOR MAY 14, 1979, TO CONSIDER THE RELOCATION OF FIRE STATION #3, AT 8:00 P.M. Motion died for lack of a second. COUNCILMAN SMITH MOVED TO SET A PUBLIC HEARING ON TUESDAY, MAY 22, 1979, AT 7:00 P.M. TO DISCUSS THE MATTER. Councilman Mann seconded the motion. Councilman Smith withdrew his motion because the date con- flicted with a Planning and Zoning Commission hearing. Councilman Mann withdrew his second to the motion. COUNCILMAN WILLIAMS MOVED TO SET A STUDY SESSION FOR MAY 29, 1979, AT 7:00 P.M. AT THE POLICE/FIRE CENTER TO DISCUSS THE ~~TTER . Councilman Mann seconded the motion. Councilman Clayton requested that Council pursue City Mana g er McCown's suggestion in that letters be written to all propert y owners in the areas of all the proposedsites notifying them of the study session and that full information be available to Council on each si te. Councilman Harfer requested an impact statement on each one of the sites for Council s information. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor, Mrs. Audrey Scott, 2926 South Galapago Street, appeared before Council and discussed the frozen water line pro- blem. Mrs. Scott stated she was representing a newly-formed organization ca lled the MMI. Mrs. Scott stated the proposed resolution for partial r e imbursement to citizens who had frozen water lines this winter is d is criminatory and represented a special interest group because reim- b ursement depends upon one's annual income and who can say who can for unthawing frozen water lines. Mrs. Scott stated the MMI favors full reimbursement for everyone. Mrs. Scott questioned the credibility of the Denver Regional Council of Governments from which certain information was taken to prepare the resolution. Mrs. Scott suggested the following courses of action concern- i n g the problem : 1) defeat the resolution and redevelop a plan that would • I • • • • • May 7 , 1979 Page 8 provide for complete and total reimbursement for all people; 2) de- cide what to do about future freezes ; and 3) pass an ordinance where- by the City assumes responsibility for water mains in the City's right-of-way. Mrs. Scott stated the MMI recommends defeat of the re- solution after which will come repercussions to get the government back to the people. When asked by Councilman Smith for what did the initials MMI stand, Mrs . Scott refused to answer. * * * * * * Pre-scheduled visitor, Mr. Jack Patterson, 3587 South Ogden Street, appeared before Council Mr. Patterson stated he was present because Council did not vote on his petition presented at their meet- ing of April 2, 1979, to remove Councilman Donald Weber from his seat in Council District #2. Mr. Patterson submitted another petition con-cerning his same prior request. * * * * * * Mayor Taylor aske d if there were any other visitors in the audi ence wish ing to speak at this time. Mrs . Patterson , appeared before Council and requested ~nfor­ mation on th Senior Surre y . Mayor Taylor stated he had received addi ional info rmat ion and would get in contact with her the next day. Mr . G or e H. Al len, 2799 South Downing, appeared before Counc 1 and discussed the challenge to remove Councilman Donald Weber f r om his di t r ict. Mr. Allen stated the issue has drawn much interest in his n · hborhood from those citizens who were satisfied with Mr. Webe r's performance on the Council. Mr. Allen stated these people are willing to offer full support to keep Mr. Weber on Counc i l. Mr. Allen asked for a show of hands of those people who supported Mr. Weber. Approximately 40 people raised their hands. Mr . Russell Reeme, 220 West Layton Avenue, appeared before Council and questioned why does Council need 2/3 vote to pass the emergency reimbursement water line resolution when it is not required on other matters. Mayor Taylor stated the issue was on the agenda and asked if Mr . Reeme had heard the discussion on this matter at the study session. Mr. Reeme indicated that he had. Mr. Bob Brundage , 4140 South Huron, appeared before Council ·and spoke in opposition to some issues raised by some citizens who have spoken out again st the City Counc il. Mr. Brundage asked that such • I • • May 7, 1979 Page 9 • • • actions be brought to a halt in order that Council could return to more important issues. He stated there were a lot of positive- thinking citizens in Englewood and it is not their intention to let the harassment continue. Mr. Doug Severn, 4550 South Knox Court, Council and offered his full support to Council. the attacking of elected officials and stated the what qualifications does the petitioner have that vestigate the Council. appeared before Mr. Severn opposed citizens should ask alloW:> him to in- Mrs.Isabella Knight, 3021 South Lincoln, appeared before Council. Mrs. Knight stated she was one of the people who had written letters in the newspapers. Mrs. Knight stated she wrote the letters not to talk about someone but to bring up issues about which she felt the public should be concerned. Mrs. Knight stated she did not want to cause dissention between the Council and the citizens but rather wanted them to work together. Mrs. Knight stated she had become ill from the smoke-filled room and wished that smoking would not be per- mitted at public meetings. Councilman Clayton spoke on the matter of serving as a coun- cilman and a personal incident involving his son. Mr. Clayton stated people must respect each other's right to disagree. Mrs. Beverly Howell, 3255 South Delaware, appeared before Council and asked for identification of an area designated for low cost housing in the City of Englewood. Mrs. Howell referred to a re- cent article appearing in the Englewood Citizen concerning the matter. Director Wanush appeared before Council and explained what target area was being staged for rehabilitation loan eligibility . Mr. Wanush stated the article discusses more subjects than just the re- habilitation loan program. Mr. Truman Davis, 2721 South Ogden , appeared before Council . Mr . Davis stated he was proud of his councilman and would like to have Mr. Jack Patterson and whoever is behind him investigated. Mrs. Frances Howard, 645 East Yale Place, appeared before Co uncil. Mrs. Howard stated the actions that have taken place in the last few weeks against certain council members would deter any qualified person from runnin g for election in November. Mayor Taylor expressed appreciation to the people who came to the meeting. The Mayor also expressed the pride he felt in being a part of the City of Englewood. * * * * * * Mayor Taylor declared a recess at 9 :3 0p.m . The Counc il re- convened at 9 :45 p.m. Mayor Taylor asked for roll call . Upon a call of the roll, the following were present : • I • • - • May 7, 1979 Page 10 • • • Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * COUNCILMAN MANN MOVED TO OPEN THE PUBLIC THE COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION. seconded the motion. Upon a call of the roll, the follows: HEARING TO CONSIDER Councilman Clayton vote resulted as Ayes: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. Nays: None. The Mayor declared the motion carried . Director of Community Development Wanush appeared before Council and presented the grant application. Mr. Wanush stated the application is for the United States Department of Housing and Urban Development for $226,000 to be used solely for housing rehabilitation in the City of Englewood. Mr. Wanush stated the $226,000 would be used to subsidize loans in the existing program and would allow the program to continue for another two years. Mr. Wanush explained the philosophy for focusine on one particular target area and which areas will be emphasized under the program. Mr. Wanush stated the Planning and Zoning Commission has approved the Housing Assistance Plan and the amended target areas are a part of the proposed comprehensive plan soon to be transmitted to Council. Mayor Taylor asked Mrs. Howell if her previously-stated questions had been answered. Mrs. Howell stated that they had been. May or Taylor asked if anyone in the audience wished to speak in favor of the application. No one responded. Mayor Taylor asked if anyone in the audience wished to speak against the application. No one responded . COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Council- man Harper seconded the motion. Upon a call of the roll, the vote re-s ulted as follows : • I • • May 7, 1979 Page 11 Ayes : Nays: • • • Council Members Clayton, Mann, l-lilliams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. COUNCILMAN SMITH MOVED THAT THE CITY MANAGER BE ALLOWED TO SIGN THE COMMUNITY BLOCK GRANT APPLICATION. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Hayor declared the motion carried. * * * * * * COUNCILMAN HARPER MOVED TO OPEN THE PUBLIC HEARING TO CON- SIDER THE REQUEST FOR A SPECIAL EVENTS PERHIT FOR BEER, WINE, AND LIQUOR FOR ALL SOULS CATHOLIC CHURCH ON JUNE 9 AND 10, 1979. Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Hayer declared the motion carried. Mr. James Sprinkle, 500 East Grand, appeared before Council as a representative from All Souls Catholic Church. Mr. Sprinkle submitted the photograph of the notice for a public hearing and re- q uested that Council grant the special events permit. Mayor Taylor asked if anyone in the audience wished t o s p eak in objection to the special events permit. No one responded . COUNCILMAN HARPER MOVED TO CLOSE THE PUBLIC HEARING. Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote r e sulted as follows : Ayes: Nays: Council Members Clayton, Hann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried . • I • • • May 7, 1979 Page 12 • • • COUNCILMAN WILLIAMS HOVED TO GRANT THE SPECIAL EVENTS PERMIT FOR BEER, WINE, AND LIQUOR FOR ALL SOULS CATHOLIC CHURCH ON JUNE 9 AND 10, 1979. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as foll ows : Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) (e) (f) Minutes of the Housing Authority meetings of February 27 and Mar~h 22, 1979. Minutes of the Board of Adjustment and Appeals meeting of March 14, 1979. Minutes of the Board of Career Service Commis- sioners meeting of March 15, 1979. Minutes of the Planning and Zoning Commission meeting of April 3, 1979. Minutes of the Animal Control Committee meeting of April 23, 1979. Memorandum from the Director of Public Works to the Cit y Manager concerning snow and ice control. Councilman Mann as k ed for a status report on item (e). Mr. Thad Carson, 3990 South Jason, Chairman of the Animal Control Committee appeared before Council . Mr. Carson stated the Committee will vote next Monday night whether or not to accept a licensed veterinarian as a member. Mr. Carson stated there had been miscom- muni cation concerning the Committee's next meeting but the misunder-standin g had been corrected. * * * * * * City Manager McCown presented the minutes of the Public Library Board meeting of April 10, 1979, with a recommendation that appropriate action be taken to fil l the vacancy on the Library Board. City Manager McCown stated the vacancy expires February 1, 1980 . • I • • \ • May 7, 1979 Page 13 • • • COUNCILMAN CLAYTON MOVED TO ACCEPT THE RECOMMENDATION AND TO SCHEDULE DISCUSSION ON THE RECOMMENDATION AT THE NEXT REGULAR STUDY SESSION. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. City Manager McCown stated the letters of application for the vacancy would be included in Council's next agenda packet. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Commission meeting of April 12, 1979 with two recom- mendations. The first recommendation concerns the land east of the Malley Senior Recreation Center. Mr. McCown stated the Commission recommends that the City purchase the property east of the Malley Center to be used for additional parking. Mr. McCown stated the property is the one about which the Englewood Centennial Bi-Centennial Foundation Administrative Committee appropached Council several month ago; and discussed their proposal to give Council certain monies to purchase the property if Council would match their funds. Mr. McCown stated both he and Mayor Taylor were designated to negotiate terms with the Com- mittee and negotiations are still on-going. COUNCILMAN CLAYTON MOVED TO RECEIVE THE RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION. Councilman Harper seconded the motion. City Manager McCown explained in detail the status of the negotiations between the Committee and the City on the matter. Mr. McCown stated the Committee is presently undergoing evaluation of its p urpose and capabilities. Up on a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. Mr. Doug Sovern, 4550 South Knox Court, appeared before Council and spoke on the Centennial-Bi-Centennial Foundation. Mr. Severn stated he recalled that the City was to match funds with the • I • - • • May 7, 1979 P a g e 14 • • • Committee on a specific ratio as outlined in the original agree- ment to make sure that any money contributed for a specific purpose was used for that purpose at least up to the original liability . Mr. Severn doubted that the Foundation was doing that . Mr. McCown stated the second recommendation from the Parks and Recreation Commission concerns the golf ball problem . Mr. McCown referred to the suit brought against the City by Mr . Byron Sutton for property damages. Mr. McCown stated the Commission has offered the following three alternatives to the problem: 1) construct a screen 30 feet high and 60 feet long adjacent to the tee box -the aesthetic result would be grotesque but the effectiveness good; 2) plant six tall pine trees 20 -25' on the bank of the creek at $700 -$800 per tree -the aesthetic result would be good as well as the effectiveness; 3) stimulate growth of the existing trees for a cost of $500 over a three year period. Mayor Taylor discouraged Council to pay the claim of Mr. Sutton's on the basis of setting a precedent for future claims . Councilman Smith queried the City Attorney on the possibility of buying insurance coverage for this type of claim . City Attorney Berardini stated his office researched the pro- blem with other golf courses in Denver. Mr. Berardini reported that the federally-owned clubs will pay damages done to vehicles or resi- dences which lie in the fairway. Of the other clubs that were checked, all stated it was the responsibility of the individual golfer to pay for damages he or she may have caused. Mr. Berardini stated the Council may want to consider at a later time looking into possibilities of buying protection to cover such daims . COUNCILMAN HARPER MOVED TO PROCEED WITH THE PLANNED PROGRAM NOW IN EFFECT AT THE GOLF COURSE TO ELIMINATE THE PROBLEM OF GOLF BALLS THAT ARE HIT INTO THE TRAILER COURT WHICH IS ALTERNATE ff3. Coun- cilman Webe r seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Clayton , Mann, Williams, Weber, Smith, Harper, Taylor. Nays : None. The Mayor declared the motion carried. * * * * * * Director of Utilities Fonda appeared before Council and pre- sented the minutes of the Water and Sewer Board meeting of April 23 , 1979 and the recommendations to approve the contract with the Colorado Wate~ Conservancy District Groundwater Management Subdistrict, to approve • I • • • Ma y 7, 1979 Pa g e 15 • • • Su pp lement #66 Southgate Sanitation District and to approve Supple- ment #67 Southgate Sanitation District contained therein . COLORADO DIS TRICT motion. COUNCILMAN CLAYTON MOVED TO APPROVE THE AGREEME NT WITH WATER CONSERVANCY DISTRICT GROUNDWATER MANAGEMENT SUB- FOR LEASE OF RAW WATER. Councilman Harper seconded the Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Council Hembers Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. THE COUNCILMAN CLAYTON HOVED TO APPROVE SUPPLEMENT /t66 TO THE SOUTHGATE SANITATION DISTRICT. Councilman Harper seconded the mot i on. Up on a call o f the roll , the vote resulted as follows: Ayes : Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None . The Hayor declare d the motion carried. COUNCILMAN CLAYTON MOVED TO APPROVE SUPPLEMENT ft67 TO THE SOUTHGATE SANITATION DISTRICT. Councilman Harper seconded the motion. Up on a call of the roll, the vote resulted as follows : Ayes: Na y s : Council Members Clayton, Mann, Williams , Weber, Smith, Harper, Taylor. None . The May or decl a red the motion carried . * * * * * * City Manag e r McCown pre s ented t h e req ue s t f or a 3 .2 beer license ren ewa l -consump tion off t he premises -f or the 7-11 Store , 2705 South Broadway . Mr . McCown stated the reque st h ad been tabled until this meeting because more inf ormation was needed to explain wh y the app l ic an t had re s ponded affirmat i v ely to t h e q uestion, "Have y ou ever had yo ur licens e s us p ended o r r evoked?". Mr. McCown s tated after investigation, i t was d i scove re d that there had been no v i olations o f the liq uor co de by t hi s p art i cular store i n the City of Englewood . The firm oper at e s s e veral stores th r o u ghout the s o u th and southwestern par t of the Un ited States, som e of whi ch have had their licenses re- voked. Mr. McCo wn stated the firm wa n t ed t o be c om p letely honest in applying for a renewal license. • I • ( • May 7, 1979 Page 16 • • • COUNCILMAN WILLIAMS MOVED TO RENEW THE LICENSE FOR 3.2 BEER - CONSUMPTION OFF THE PREMISES -FOR THE 7-ll STORE, 2705 SOUTH BROAD- way. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. ORDINANCE NO. 20 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 21 INTRODUCED BY COUNCILHAN HARPER AN ORDINANCE AMENDING SECTION 5 (f), CHAPTER l, TITLE X, of the '69 E .H.C., AUTHORIZING THE PARKS AND RECREATION COMMISSION TO APPOINT A SENIOR CITIZENS ADVISORY COMMITTEE AND THE COMMITTEE BE REVIEWED BY COUNCIL AT EVERY THREE-YEAR INTERVAL. City Attorney Berardini noted that the two paragraphs under 10-l-5: POWERS AND DUTIES be reversed and that the paragraph appearing in capital letters be made subsection (f) and the para- g raph appearing in lower case be made subsection (g). COUNCILMAN HARPER NOVED TO PASS COUNCIL BILL NO. 21 ON FINAL READING. Councilman Weber seconded the motion . Councilman Clayton stated he was in agreement with the basic intent of the bill; however, he thought it was not a good idea to have independent boards and agencies of the City appointing other boards and agencies. Hr. Clayton stated he though appoint- me nts should require Council approval. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Hann, Williams, Weber, Smith, Harper, Taylor. Council Member Clayton. The Mayor declared the motion carried. * * * * * * • I • ( l • Ma y 7, 1979 Pa g e 17 ORDINANCE NO. 21 SERIES OF 1979 BY AUTHORITY • • • COUNCIL BILL NO . 24 INTRODUCED BY COUNCILMEN MANN/SMITH AN ORDINANCE VACATING PART OF A STREET BETWEEN BLOCKS 4 AND 5, ENGLEWOOD HEIGHTS SUBDIVISION, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO. City Attorney Berardin i asked the private party involved in this transaction, Mr. William F. Davis, if he would be willing to grant to the City an easement for the purposes of maintaining the Ci ty Ditch with the provision that if the ditch should be piped then the easement would be returned to him. Mr. William F. Davis was in attendance and stated that he and his wi f e a greed to the condition as stated by the Ci~y Attorney. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 24 ON FINAL READING WITH THE ADDITION OF THE EASE}mNT TO BE SUPPLIED BY THE CITY ATTORNEY. Councilman Mann seconded the motion. Upon a call of the t roll, the vote resulted as follows: Ayes: Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None . The Mayor declared the motion carried. ORDI NANCE NO . SER IES OF 1 9 79-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO . 25 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE APPROVING AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER, ACTING BY AND THRO UGH ITS BOARD OF WATER COMMISSIONERS, AND THE CITY OF ENGLEWOOD, COLORADO, KNOWN AS THE "CITY DITCH AGREEMENT". WITH CER-TAIN AMENDMENTS . COUNCILMAN WILLIAMS HOVED TO PASS COUNCIL BILL NO. 25 ON FIRST READING. Councilman Weber seconded the motion. Councilman Smith stated he opposed the bill because he and several other citizens were under the impression that it was going to • I • • ( () • May 7, 1979 Page 18 • • • be closed in the next three to five years; thus g1v1ng property owners additional use of their property. The term of the agreement is for twenty years; consequently, the ditch may never be closed. Councilman Clayton opposed the bill because the term of the a greement is too long. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Harper, Taylor. Council Members Clayton, Smith. The Mayor declared the motion carried. RESOLUTION NO. 18 SERIES OF 1979 * * * * * * A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FEE SIMPLE INTEREST AND EASEMENT IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD, COLORADO, TO PROVIDE A SITE FOR CONSTRUCTION OF A WATER STORAGE STRUCUTRE. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 18, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll,the vote resulted as follows : Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor . None . The Mayor declared the motion carried. RESOLUTION NO . 19 SERIES OF 1979 * * * * * * A RESOLUTION APPROVING THE APPLICATION OF PAUL H. DAGHLIAN AND SHAKE' T. DAGHLIAN, DOING BUSINESS AS PAUL'S RESTAURANT & PIZZERIA, FOR A HOTEL AND RESTAURANT LICENSE TO BE LOCATED AT 3542 SOUTH FOX, ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 19, SERIES OF 1979 . Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: • • I • • - ( ( 0 c • May 7, 1979 Page 19 Ayes: Nays: • • - Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor . None. The Mayor declared the motion carried. RESOLUTION NO. 20 SERIES OF 1979 * * * * * * A RESOLUTION APPROPRIATING $50,000 FROM THE WATER FUND TO THE ADMINISTRATIVE AND GENERAL ACCOUNT TO PROVIDE AN EMERGENCY FUND TO ASSIST IN DEFRAYING THE COST OF THAWING WATER SERVICE LINES AND TO ESTABLISH QUALIFICATION FOR COMPENSATION THEREFOR. City Attorney Berardini noted in the fourth paragraph "92" should be changed to "93". COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 20, SERIES OF 1979. Councilman Smith seconded the motion. Councilman Clayton noted that the resolution contains no upper limit on all claims. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council 11embers Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. RESOLUTION NO. 21 SERIES OF 1979 * * * * * * A RESOLUTION AUTHORIZING MACLEE RADIO, INC. AND WESTERN BROADCAST- ING CORPORATION A THREE MONTH EXTENSION OF THE LEASE OF JANUARY 1, 1972. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 21, SERIES OF 1979. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor . • I . - ( ( ( • Ma y 7, 1979 Page 20 Nays : None. • • • The Hayor declared ·the motion carried. * * * * * * City Attorney Berardini reported on the status of the case Oliner vs. the City, involving the property upon which the Police/Fire Center is located. Mr. Berardini stated the Colorado State Supreme Court has refused to accept the case; and the lower court decision stands. Therefore, the law suit is completed and the City may exercise its option to purchase the land according to the terms of the lease after 1995. Mr. Berardini stated he would prepare a broader report on the case at a later date. * * * * * * City Manager McCown presented a memorandum from the Director of Public Works to the City Manager concerning the speed limit on South Elati Street. Mr. McCown stated the results of the study conducted by the Traffic Engineer indicate that 25 miles per hour in this area is an adequate speed. Mr. McCown stated the Traffic Engineer also points out that the Model Traffic Code stipulates that 25 miles per hour will be in the speed limit in business districts. Mr. McCown stated the cross walk intersection at Girard Street will be restriped and Police Chief Holmes will ask for selective enforcement of the speed limit in this area. Mr. McCown stated staff does not recommend that th e speed limit be changed to 15 miles per hour. Council discussed the problem of pedestrian cross walks in this area. Council requested the City Manager to report back on some of their suggestions. City Manager McCown stated he would request that the study be broadened and follow up with recommendations. RESOLUTION NO. 17 SERI ES OF 1979 * * * * * * A RESOLUTION SUPPORTING THE DENVER REGION ELEMENT OF THE STATE IMPL EMENTATION PLAN THROUGH COMMITMENT TO IMPLEMENT SPECIFIC AIR POLLUTION CONTROL MEASURES AND TO CONSIDER FOR IMPLEMENTATION THOSE ADDI TIONAL MEASURES RECOMMENDED AS THE RESULT OF FURTHER EVALUATIONS TO BE CONDUCTED UNDER THE CONTINUING AIR QUALITY PLANNING PROCESS. Director of Community Development Wanush appeared before Counc il and discussed the commitments by which passage of the resolution wou ld obligate the City. Councilman Mann opposed the concept of the resolution on the basis that the agency is no long er advising the City of Englewood but • I • ( ( c • May 7, 1979 Page 21 • • .. dictating to it; thereby, taking away local authorit y of local pro-blems. Councilman Harper stated there has to be a coordinating agenc y in the region if anything is going to be done about pollution . COUNCILMAN WEBER MOVED TO PASS RESOLUTION NO. 17, SERIES OF 1979. Councilman Harper seconded the motion. Councilman Smith expressed concern on how the plan was going to be financed . Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Clayton, Williams, Weber, Harper, Taylor. Council Members Smith, Mann. The Mayor declared the motion carried. Mr. Bill Howard, 1411 East Dartmouth Avenue, was granted per- mission to appear before Council. Mr. Howard stated Englewood has been designated as a regional activity center and any future acquiescence to clean air plans will have a direct effect on the City's economy. Mr. Howard suggested that before the restrictions get more specific relative to clean air, negotiations be started with DRCOG to get some kin d of a balance between their commitment to RTD facilities in this area against their requirements for clean air. * * * * * * City Manager McCown presented the six quarter budget for April 1979 through September 1980 and the recommendat ions contained therein. RESOLUTI ON NO. 22 SER IES OF 1979 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND , REVENUE SHARING FUND, AND GENERAL FUND BUDGETS FOR 1979. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 22, SERIES OF 1979. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None . • I • ( c • May 7, 1979 Page 22 • • • The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO AUTHORIZE THE MAYOR TO SIGN THE GRANT RECEIVED FROM THE STATE HOUSING DIVISION IN THE AMOUNT OF $35,000 FOR THE REHABILITATION PROGRAM. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Hayer declared the motion carried. * * * * * * City Manager McCown stated the City has been notified by the Bureau of Outdoor Recreation of acceptance of a grant for $250,000 for the river redevelopment. Mr. McCown stated the grant is matching monies for 1980 and the staff is studying the accounting procedures to facilitate the grant. * * * * * * Mayor Taylor reminded Council of numerous items which need to be discussed and disposed. Mayor Taylor proposed a day-long study session as soon as possible . COUNCILMAN MANN MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE ON THE REPAIR, REPLACEMENT, LOWERING AND THAWING OF FROZEN WATER LINES IN THE CITY'S PUBLIC RIGHT-OF-WAY . Councilman Smith seconded the motion. Councilman Weber stated he would like to discuss the matter at a study session to avoid making amendments to a final draft. Councilman Mann withdrew his motion. Councilman Smith with-drew his second to the motion. Council agreed to discuss the frozen water line matter in a s tudy session . Council agreed to set aside May lOth at 6 :00 p.m. to discuss labor negotiations in an executive study session. * * * * * * Mayor Taylor stated the Englewood High School marching band has been invited to participate in the annual Rose Bowl parade. Mayor • I • - • • • May 7, 1979 Page 23 • • • Taylor asked Council to help these students find jobs because each student has to pay his or her own way. * * * * * * Councilman Clayton requested a bulletin of the list of times and dates for the meetings that have been set up during this meeting. * * * * * * There was no further business to be discussed. * * * * * * Mayor Taylor adjourned the meeting without a vote at 11:45 p.m . I • • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD , COLORADO May 7, 1979 I~ The City Council of the City of Englewood , Arapahoe County, Colorado, met in regular session at 7:30p.m. on May 7, 1979. The invocation was given by the Reverend Rosemary Morris, Englewood Mayflower Congregational Church, 3001 South Acoma Street. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, We ber, Smith, Harper, Clayton, Mann, Taylor. Absent: No ne. The Mayor declared a quorum present. * * * * * * Als o present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Community Development Wanush Assistant Director of Community Develop-ment Reddy Director of Utilities Fonda Director of Finance/ex officio City Clerk James Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 16, 1979. Councilman Weber seconded the motion. Upo n a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * I • • May 7 , 19 79 Page 2 • • • Ma y o r Taylo r encouraged everyone t o vote in t h e s cho ol bo ard e lection, May 8, 1 979. * * * * * * COUNCILMAN WILLIAMS MOVED TO APPROVE TH E PR OC LAMATION DE CL AR- ING THE MO NTH OF MAY, 1979 , AS "YOUTH MONTH". Coun c ilman Mann seconded th e mo tion. Up on a c a l l of the roll, the vote re s ulted as follows : Ayes : Nays : Counc il Members Clayton, Mann , Wi l l i a ms, Web e r, Smith, Harper , Taylor . None . The Ma yo r d eclared the motion c a r ried. Deput y Clerk Watkins read the proclamation and Mayor Ta yl or presented it to the pre-scheduled v i sitor Mr. Harry Musser, 506 5 So uth Huron S treet, P.E.R. En g lewood Elk s . Mr. Musser thanked Counc i l f o r t his re c o gnition. * * * * * * Pre-scheduled visitor, Mr. Leonard A. Billingham, 4363 South Gr ant Street, was present. Mr. Bil lingham re quested approval of an encroachment into the City's right-of-way for a 34-inch split-ra i l fence which has been installed across the front of his property . Director of Community Deve lopment Wanush a p peared before Co unc i l and stated there were no objections to Mr. Billingham's re - qu e st . Di rector Wanush stated Assistant Director o f Commun i t y Develop- ment Roman s h as d is c u s se d with Mr . Bi l l i ngha m that by signing t he a g ree- me nt he i s committed to removing the fenc e u p on request from t he Ci ty . COUNCILMAN CLA YT ON MOVED TO BRI NG FORWARD AGENDA I TEM 6E "MEMORANDUM CONC ERNING TH E EN CROACHMENT REQ UE ST AT 4363 SO UT H GRAN T STREET ". Councilman Mann seconded the mo tion. Upon a ca l l of the roll, the vote r es u lte d as fo llows : Ayes : Nays : Co unci l Me mbers Clay t on , Mann , Wil l i ams , Weber, Smi th , Ha rp e r, Tay l o r. No n e . The May or declared t he moti on carr i e d. COUNCILMAN CLAY TO N l-!OVE D TO APP ROVE THE ENCROACHME NT RE QUEST FOR MR. LEONARD BILLINGHAM, 4363 SOUTH GRANT STREET. Councilman Harper seconded the motion. Upon a cal l of the roll, the vote resulted as f ollows : • I • • • • May 7, 1979 Pa g e 3 Ayes : Nays : • • • Council l1embers Clayton, Mann , Williams, Weber, Smith, Harper, Taylor . None . The Mayor declared the motion carried. * * * * * * Hr. Charles Roland, 424 West Oxford Avenue, a ppeared befor e Council on behalf of Mrs. Dorothy Roland . Mr . Roland requested Coun - cil's approval to install a 48-inch chain link fence along the front and to the side of their property which would encroach into the City's right-of-way on South Elati Street and West Oxford Avenue. Director Wanush appeared before Council and stated there were no objections to the request. Mr. Wanush stated it would be appro- priate to grant the encroachment if the fence is no higher than 42 inches required by ordinance for fences installed in front yards. COUNCILMAN CLAYTON MOVED TO BRING FORWARD AGENDA ITEM 6F "MEMORANDUM CONCERNING THE ENCROACHMENT REQUEST AT 424 WEST OXFORD AVENUE". Councilman }1ann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smi th, Harper, Taylor. None. The Nayor declared the motion carried. COUNCI LMAN CLAYTON MOVED TO APPROVE THE ENCROACHMENT REQUEST FOR MRS . DOROTHY ROLAND, 424 WEST OXFORD AVENUE, WIT H THE STIPULATION THAT THE FENCE NOT BE OVER FORTY-TWO (42) INCHES HIGH. Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Clayton, Mann, Will i ams, Weber, Smith, Harper, Taylor. None . The Mayor declared the motion carried. * * * * * * Director of Utilities Fonda appeared before Council and dis - cussed the bids received for the Allen Water Treatment Plant additions and improvements, Dartmouth Avenue Pump Station and Bear Creek Pump Station modifications, and the elevated tank. Mr. Fonda stated he I • • - • • t • May 7, 1979 Page 4 • • • had recommendations for all the projects except the elevated tank and that recommendation would be forthcoming at the next regu lar Council meet ing. Mr. Fonda recommended that Council ac cept the following bids : Project Contractor Bid Allen Treatment Plant Olson Construction Co. $ 4,708,496.00 Dartmouth & Bear Cre ek Pump Stations Powder Horn Constructors 184 ,496.00 Water Transmission Mains Holsam Concrete Co . TOTAL 2,498,146 .00 §. 7,391,395 .00 Mr. Fonda stated the low bidder for the Allen Treatment Plant was Petry-Vappi; however, they re~uested to be withdrawn claiming they had made a mathematical error. Mr. Fonda stated the City Attorney has advised him that collection of the bid bonds from Petry-Vappi would probably be unsuccessful ; therefore , that was why he was recom- mending the Olson Construction Co. Mr. Fonda added the bid from Holsam Concrete Co. inclu ded $10,975 .00 for the polyethylene encasement of the pipes. COUNCILMAN HARPER MOVED TO ACCEPT THE BIDS PRESENTED FOR THE ALLEN TREATMENT PLANT TO OLSON CONSTRUCTION COMPANY OF $4,708,496.00; FOR THE DARTHOUTH AND BEAR CREEK PUMP STATIONS TO POWDER HORN CON- STRUCTORS OF $184,496 .0 0 ; AND FOR THE WATER TRANSMISSION MAINS TO HOLSAM CONCRETE COMPANY OF $2,498,146 .00. Councilman Smith seconded the motion . Upo n a call of the roll, the vote resulted as follows : Ayes: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. Nays : None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor, Mr. Lynn Massa, 4795 South Broadwa y appeared before Council. Mr. Massa discusse d his objections to the City moving Fire Station #3 to property adjacent t o his property. Mr. .t-1assa stated from a community standpoint the relocation would be un- desirabl e because the streets are too narrow percipitating traffi c problems . Also, there were several schools in the area making it hazardous for school children. From a personal standpoint, Mr. Massa stated he felt it would force him out of business because the lot he uses for parking would be taken by the City. Hr. Hassa stated if --~------------~------. I • • May 7, 1979 Pag 5 • • • the City would change the z o ning o f certain pro ert y in t hat area to commercia l then he probably wou ld not be hurt. Mr. Ma ssa stated there were several locations o Broadway that were not meeting code; namely, temporary buildings w "th no foundati ons at: 3778 South Broadway 3940 South Broadway -two semi-trailers were paked o ut in the back lot 3800 So uth Broadway Quinc y and South Broadway 4480 South Broadway * * * * * * Pre-scheduled visitor, Mr. Elmer Schwab , 4795 South Inca Street, a ppea red before Council and discussed his conc erns about re- location of Fi re Station #3. Mr. Schwab objected to spendin g money to relocate the station and felt it should be spent helping those people who had froze n water pipes last winter . Mr. Schwab suggested , delaying the move until the State Department of Highways widens Belleview at which time they would have to take the financial respons ibi lity of relocating it. Mr . Schwab stated the proposed loc ation is hazardous for th e same reasons stated by Mr . Hass a. Mr. Schwab stated the pre- sent location serves it purpose and encour aged Coun cil to study the matter further. * * * * * * Pre-scheduled visitor, Mrs. Laura Drehe r , 1305 East How ell, Seattle, Washington, appeared before Council. Mrs . Dreher state d she receives her sol e income from the prop erty located a t 481 1 South Broad- way and wou ld be f orced to sell it i f the City re locates the fire station at the corne r of Layton and Acoma Streets. Pre-sch duled visitor, Mr. Stephen Dreher, 54 West Layton Avenue, and Mr . Michael Haran, appeared before Council and presented argumen ts on t he proposed relocation of Fire Station #3. They pr e- sented a map illustrating current f ire station l o ca t ion s and each s ation's response time. Mr. Dreher qu est i one d why the relocation was necessary . City Manage HcCown stated there were too many traffic pro- blems on Belleview Av enue. The results of a s tudy conducted in 1973 by Public Technolo gy, I ncor porat e d, i dentified this particu l ar fire sr.a tion to be in the wrong l ocation and r ecomme nded moving it further to the no rth and east. Mr . McCown stated fun ds were f irs t appropriated in 1973; however, the project h as b e en given a low pr ior i ty until this y ear . Mr. Dreher op po sed the propo se d s ite fo r the following rea - sons: l) it would involve the taking of a resident ial home; 2) the f ire I • • • • May 7, 1979 Page 6 .. • • • truck would go by the front of two schools; 3) time would be lost travel ing over the dips in the stree t on Clay ton; 4) the traffic is too heavy for access onto South Broadway; 5) the s tree ts are too narrow on Layton and Acoma; and 6) parking would probably be banned at the businesses of Massa Glass, the Tackle shop, neighb oring . apartment buildi ngs and sing le-family residences in the area. Mr. Dreher suggested the fol lowing alternatives : 1) ren ova t e th e vo lunteer fire station at Quincy and Federal ; 2) relocate at Tufts and Nava jo where there are no residential homes , two lots are for sale, and close access to schools and major arterials. Mr. Dreher stated he hoped his agruments proved a nee d for further study on the proposed relocation of Fire Station #3. Pre-scheduled vi sitor, Mrs. Betty J. Wike, 4985 South Huron, appeared before Council . Mrs. Wike stated several people in her neigh- borhood want to keep the station at its present location. Mrs . Wi ke stated she was a member of the Dreher famil y, grew up in the area of the proposed site, and would be di sappointed to see the City take it. Mrs . Wike asked that the small merchants not be forgotten and some of them would be hurt if the parkin g was taken away. Sh e felt the traffi c pro blems would be just as bad on Broadway as they are now on Belleview. She appealed to Council not t o take away the property owned by her sister-in-law, Mrs . Laura Dreher. Mrs. Wi ke asked the audience for a show of hands of those who were in s up po rt of Mrs. Dreher. Appro x i-mately 40 people held up their hands . COUNCI LMAN MANN MOVED TO BR ING FORWARD AGENDA ITE M 7D "A RESOLUTION CONCERN ING THE RELOC AT ION OF A FIRE STATION". Councilman Williams seconded the motion. Upon a call o f the r oll , the v ote r e-sulted as follows : Ayes : Nays : Coun cil Me mbe r s Clayton , Ma nn, Wil liams , We ber , Smith, Harpe r, Taylor . None. The t-1ayor de cl ared t he motion carried . COUNCILMAN MANN MOVED TO POSTPONE THE RESOLUTION FOR TWO COUNCIL MEETINGS UNTIL THE FIRST COUNCIL MEETING IN JUNE. Council-man Williams seconded the motion. Ayes : Council Members Clayton, Mann, Williams, Harper , Taylor. Na ys: Council Members Weber, Smith. The Mayor declared the motion carried. Counc ilman Smith stated pos tponement would not accomplish anything without additional information, citizen input and planned ---~--~---~----~-------~--~ I • • May 7 , 1 979 Page 7 • • • pre s e ntations from staff . Councilman Smith stated lhtre nee ds to be an open forum for citizen input. COUNCILMAN NANN MOVED TO SET A PUBLIC HEARING FO NAY 14, 1979, TO CONSIDER THE RELOCATION OF FIRE STATION #3, AT 8 :00 P.M. Mo tion died for lack of a second . COUNCILMAN SMITH MOVED TO SET A PUBLIC HEARING ON TUESDAY, MAY 22 , 1979 , AT 7:00 P.M . TO DISCUSS THE MATTER. Councilman Hann seconded the motion. Councilman Smith withdrew his motion because the date con - flicted with a Planning and Zoning Commission hearing. Councilman Mann withdrew his second to the motion. COUNCILMAN WILLIAMS MOVED TO SET A STUDY SESSION FOR MAY 29, 1979, AT 7:00 P.M. AT THE POLICE/FIRE CENTER TO DISCUSS THE ~~TTER. Councilman Mann seconded the motion . Councilman Clayton requested that Council pursue City Hanager McCown's suggestion in that letters be written to all property owners in the areas of all the proposedsites notifying them of the study session and that full information be available to Council on each site . Councilman Harfer requested an impact statement on each one of the sites for Council s information. Upon a call of the r oll, the vote resulted as follows : Ayes: Nays: Counci l Members Clayton, Han n , Williams, We ber, Smith, Harper, Ta ylor. None. The Hayor declared the motion carried. * * * * * * Pre-scheduled visitor, Mrs . Audrey Scott, 2926 South Gal apago Street, appeared before Council and discussed the frozen water line pro - blem. Mrs . Scott stated she was representing a newly-formed organization called the HMI. Mrs. Scott stated the proposed resolution for partial reimbursement to citizens who had frozen water lines this winter is dis criminatory and repres nted a special interest group because reim - bursement depends upon one's annual income and who can say who can for unthawin frozen water lines. Hr s. Scott stated the MMI favor s full reimbursement for everyone . Hrs. Scott questioned the credibility of the Denver Regional Council of Governments from which certain information was taken to rrepare the resolution. Hrs. Scott suggested the following courses of action concern- ing the pro blem : l) defeat the resolution and redevel op a plan that would -~--~ ---~-~-----.---------~-~- I • - • • May 7, 1979 Page 8 • • • p rovide for complete and total reimbursement for all peopl e ; 2) de- cide what to do about future freeze s; and 3) pass an ordinance where - by th e City ass um es responsibilit y for water mains in the City 's right-of-way. Mrs . Scott stated the MMI recommends defeat of the re- solution after which wi ll come repercussions to ge t the government back to the people. When asked b y Councilman Smith for what did the initials MMI stand, Mrs. Scott refused to answer. * * * * * * Pre-scheduled visitor, Mr. Jack Patters on, 35 87 South Ogden S treet, appeared before Council Mr. P atterson stated he was p resent beca use Council did not vote on hi s pe t ition presented at their meet- ing of April 2, 1979, to remove Councilman Donald Weber from his seat in Council District #2. Mr. Patterson submi tted another petition con-cerning hi s s am e prior re q uest. * * * * * * Mayor Ta y lor asked if there were any other vi sitors in the audience wishing to speak at thi s time. Mrs. Patterson, appeared before Co un ci l and requested info r- mation on the Senior Surrey. Mayor Taylor stated he had received a dditional information and would g et in contact with her the next da y. Mr. George H. Allen, 2799 South Downing, app eared before Council and discussed the challenge to remove Counc ilman Donald Weber from his district. Mr. Allen stated the issue has drawn much interest in his neighborhood from those citizens who were satisfied with Mr . Weber's performance on the Council . Mr. Al len stated these peop le are willing to offer full support to keep Mr. Webe r on Co uncil . Mr. Allen asked for a show of hands of those people who supported Mr. Weber. Approximately 40 people raised their hands. Mr. Russell Reeme, 220 West La y ton Avenue, appeared before Council and questioned why does Council need 2/3 vote to pass the emergenc y reimbursement water line resolution when it is not required on other ma tters . Mayo r Taylor stated the issue was on the a genda and asked if Mr . Reeme had heard the discussion on this matter at the study session . Mr. Re eme indicated that he had. Mr. Bob Brund a ge, 4 140 South Huron, appeared before Council and spoke in oppos ition to some issues raised by some citizens who have spoken out against the City Council. Mr. Brundage asked that such I • • • • May 7, 1979 Page 9 • • - actions b e br o u ght to a halt in order that Council c o uld return to more important issues . He stated there were a l ot of positive - thinking citizens in Englewood and it is not their intention to let the harassment continue . Mr. Doug Sovern, 4550 South Knox Cour t, Council and offered his full support to Council. the at tack ing of elected officials and stated t he what qua lifications does the petitioner have that vestigat e the Council. appeared before Mr . Sovern oppose d citizens should a sk allow; him to in- Mrs.Isabella Knight, 3021 South Lincoln , appeared before Council. Mrs. Knight stated she was one of the pe ople who had written letters in the newspapers. Mrs. Knight stated she wrote the letters not to talk about someone but to bring up iss ues about which she felt the pub lic should be concerned . Mrs. Knight stated she did n o t want to cause dissention between the Council and the citizens but rather wanted them to work together. Mrs. Knight stated she had b ec ome ill from the smoke-filled room and wished that smoking would not be per-mi tted at public meetings. Councilman Clayton spoke on the matter of serving as a coun- cilman and a personal incident involving his son. Mr. Clayton stated people must r espect each other's right to disagree. Mrs. Beverl y Ho we ll, 3255 South Delaware, appeared before Council and asked for identification of an area desig nated for low cost housing in the City of Englewood. Mrs. Howell referred to a re- cent article appearing in the Englewood Citizen concerning the mat ter . Director Wanush appeared before Counc il and explained what target area was being staged for rehabilitation loan eligibility. Mr. Wanush stated the article discusses mor e subjects than just the re-habilitation loan program. Hr. Truman Davis , 2721 South Ogden, app ea red befo re Council. Mr . Davis stated he was proud of hi s councilman and would like to h a ve Mr. Jack Patterson and whoever is beh ind him investigated. Mrs. Frances Howard, 645 East Yale Pla ce, appea red befor e Council. Mrs. Howard state d the ac tions that have taken place in the last few weeks against certain coun cil members would deter any qual ified person from running f or election in November. Mayor Ta y lor expressed appreciation to the people who came to the mee ting. The Mayor also exp ressed the pride he felt in being a part of the City of Englewood. * * * * * * Hayor Taylor declared a rece ss at 9 :30 p.m. The Counc il re- convened at 9 :45 p .m . Mayor Taylor asked for roll call. Upon a call of the roll , the fol lowin g were present : • , I • • May 7, 1 9 79 Page 10 • • • Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Hayor declared a quorum present. * * * * * * COUNCILMAN MANN MO VED TO OPEN THE PUB LIC THE COMMUN ITY DEVELOPMENT BLOCK GRANT APPLICATION. seconded the motion. Upon a call o f the roll, the follows: HEARING TO CONSIDE R Councilman Clayton vo te r esulted as Ayes: Council Mem bers Clayton, Mann, Williams, We ber, Smith, Harper, Tay lor . Nays: None. The Na yo r declared the motion carried . Director of Communit y Development Wanush appeared before Council and presented the grant application. Mr. Wanush stated the application is for the United States Department of Hous ing and Urban Development for $226,000 to be used so lely for housing rehabilitation in the City of En glewood. Mr. Wanush state d the $226,000 wou ld be used to subsidize lo~s in the existing p rogram and would allow the prog r am to cont inue for another two y ears . Mr . Wanush explained the philosophy for focusing on one particular target area and which areas will be emphasized under the program. Hr. Wanush s tated the Planning and Zoning Commission has approved the Housing Assistance Plan and the amended target areas are a part of the proposed comprehen sive plan soon to be transmitted to Council. Mayor Taylor asked Mrs. Howell if her prev iously-stated questions had been answered . Mrs. Howell stated that they had been. }1ayor Taylor asked if anyone in the audience wished to speak in favor of the application. N.o one responded. Mayor Taylor asked if anyone in the audience wished to speak a£ainst the application . No one responded . COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Council- man Harper seconded the motion. Upon a call of the roll, the vote re-sulted as follows: I • • • May 7, 19 79 Page ll Ayes: Na ys: • • • Counc il Members Cla y t on . Mann. t\'illiams , Weber , Smith, Har per , Tay l or. None . The Mayor d ecl a r e d the mo t ion carried . COUNC ILMAN SMITH MOVE D THAT THE CIT Y MANAGER BE ALLOWED TO SIGN THE COMMUNIT Y BLOCK GRANT APPL ICATIO N. Councilman Clayton se c on de d the mo t i on. Upo n a cal l o f t he ro ll, t he vo t e resulted as follows: Ay es : Nays : Council Me mb er s Clay t on , Mann, Wil l iams, Weber, Smith , Ha rper , Tay lor . None . The Hay or d eclared the motion carried. * * * * * * COUNCILHAN HARPER MOVED TO OPEN THE PUBLIC HEARING TO CON- SIDER THE REQUEST FOR A SPECIAL EVENTS PERMIT FOR BEER, WINE , AND LIQUOR FO R ALL SOULS CATHOLIC CHURCH ON JUNE 9 AND 10, 1979 . Coun - c i lman Clayton seconded the motion. Upon a call of the roll, the vo te resulted a s follows: Ayes : Na y s : Council Me mbers Clay t on , Mann , William s. We be r, Smith, Ha r pe r , Tay l o r . Non e. The Mayor de cl a r e d the motion carried. Mr. J a me s Sprin kle, 500 East Grand, appeared before Council as a rep resent a t ive fro m All So uls Catholic Church . Mr. Sprinkle submit t ed t he phot ogr ap h of th e notice fo r a pu b lic hearing and re- quest ed that Counc i l g rant the special e vents permit . Mayo r Taylor aske d if a n yone in the audience wished to speak in obj ect i on to t he sp ec ial even t s pe r mit. No on e r e sponde d. COUNC ILMAN HARP ER MOVED TO CLOSE THE PUBLIC HEARING . Coun- cilman Clay ton seconded the motion. Upon a call of the roll, the vote resulted as f ollow s: Ayes: Na ys: Council Hembers Cl ayton, Hann, Williams, We ber, Smith, Har per, Taylor . None. The Mayor declared the motion carried . • I • • • • May 7, 1979 Page 12 • • • COUNCIU1AN WILLIAl1S HOVED TO GRANT THE SPECIAL EVE NTS PERMI T FO BEER, WINE, AND LIQUOR FOR ALL SOULS CATHOLIC CHURCH ON JUNE 9 AND 10, 1979 . Councilman Hann seconded the motion. Upon a call o f th roll, t he vote resulted as follows : Ayes : Nays : Council Hembers Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Hayor declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) (e) (f) Hinutes of the Housing Authority meetings of February 27 and Mar~h 22, 1979 . Minutes of the Board of Adjustment and Appeals meeting of Harch 14, 1979. Hinutes of the Board of Career Service Commis- sioners meeting of Harch 15, 1979. Jl1i nutes of the Planning and Zoning Commission meeting of April 3, 1979. Hinutes of the Animal Control Committee meeting of April 23, 1979. Memorandum from the Director of Public Works to the City Hanager concerning snow and ice control. Councilman Hann asked for a status report on item (e) . Mr. Thad Carson, 3990 South Jason, Chairman of the Animal Control Commi ttee appeared before Council . Mr. Carson stated the Committee will vo te next Monday night whether or not to accept a licensed veterinarian as a member . Mr . Carson stated there had been miscom- mu nication concerning the Committee's next meeting but the misunder-s tanding had been corrected . * * * * * * City Manager McCown presented the minutes of the Public L·brary Board meeting of April 10, 1979, with a recommendation that appropriate action be taken to fi ll the vacancy on the Library Board . Ci ty Manager McCown stated the vacancy expires February 1, 1980 . • I • • - • • May 7, 1979 Page 13 • • • COUNCILMAN CLAYTON MOVED TO ACCEPT THE RECOMMENDATION AND TO SCHEDULE DISCUSSION ON THE RECOMMENDATION AT THE NEXT REGULAR STUDY SESSION. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Ma y or declared the motion carried. City Manager McCown stated the letters of application for the vacancy would be included in Council's next agenda packet. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Commission meeting of April 12, 1979 with two recom- mendations. The first recommendation concerns the land east of the Malley Senior Recreation Center. Mr. McCown stated the Commission recommends that the City purchase the property east of the Malley Center to be used for additional parking . Mr. McCown stated the property is the one about which the Englewood Centennial Bi-Centennial Foundation Administrative Committee appropached Council several month ago; and discussed their proposal to give Council certain monies to purchase the property if Council would match their funds. Mr. McCown stated both he and Mayor taylor were designated to negotiate terms with the Com-mittee and negotiations are still on-going. COUNCILMAN CLAYTON MOVED TO RECEIVE THE RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION. Councilman Harper seconded the motion. City Manager McCown explained in detail the status of the negotiations between the Committee and the City on the matter. Mr. McCown stated the Committee is pre s ently undergoing evaluation of its purpose and capabilities . Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. Mr. Doug Severn, 4550 South Knox Court, appeared before Council and spoke on the Centennial-Bi-Centennial Foundation. Mr. Severn stated he recalled that the City was to match funds with the • I • • • May 7, 1979 Page 14 • • • Commi ttee on a specific ratio as outlined in the original agree- ment to make sure that any money contributed for a spec ific purp ose was used for that purpose at least up to the original lia bility . Mr . Severn doubted that the Foundation was doing that. Mr. McCown stated the second recommendation from the Pa rks and Recreation Commission concerns the golf ball problem. Mr . McCown referred to the suit brought against the City by Mr. Byron Sutton for property damages. Mr. McCown stated the Commission has offered the following three alternatives to the problem: 1) c9nstruct a screen 30 feet high and 60 feet long adjacent to the tee box -the aesthetic result would be grotesque but the effectivenes s good; 2) plant six tall pine trees 20 -25 ' on the bank of the creek at $700 -$800 per tree -the aesthetic result would be good as well as the effectiveness; 3) stimulate growth of the existing trees for a cost of $500 over a three year period. l1ayor Taylor discouraged Council to pay the claim of Mr. Sutton's on the basis of setting a precedent for future claims. Councilman Smith queried the City Attorney on the possibility of buying in surance coverage for this type of claim. City Attorney Berardini stated his office researched the pro- blem with other golf courses in Denver. Mr. Berardini reported that the federally-owned clubs will pay damages done to vehicles or resi- dences which lie in the fairway. Of the other clubs that were checked, all stated it was the responsibility of the individual golfer to pay for damages he or she may have caused . Mr. Berardini stated the Council may want to consider at a later time looking into possibilities of buying protection to cover such claims . COUNCILMAN HARPER MOVED TO PROCEED WITH THE PLANNED PROGRAM NOW IN EFFECT AT THE GOLF COURSE TO ELIMINATE THE PROBLEM OF GOLF BALLS THAT ARE HIT INTO THE TRAILER COURT WHICH IS ALTERNATE #3. Coun- cilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * Director of Utilities Fonda appeared before Council and pre- sented the minutes of the Water and Sewer Board meeting of April 23, 1979, and the recommendations to approve the contract with the Colorado Water Conservancy District Groundwater Management Subdistrict, to approve I • • May 7, 19 7 9 Page 15 • • • Sup lemen t #6 6 Southg at e Sanitation Distri ct and to a p prove Sup pl e - ment #67 Southgate Sanit a tion Di stric t contained therei n. COUNCIL~~ CLAYTON MOVED TO APPROVE THE AGREEME WITH THE COLORADO WATER CONSERVANCY DIST RIC T GROUNDWATER MANAGEMENT SUB - DISTRICT FOR LE ASE OF RAW WATER. Councilman Harper seconded t he motion. Upon a call of the roll, the vo te resulted as follows : Ayes : Nays: Council Hember s Clayton, Mann , Williams , Weber, Smith, Harper, Taylor . None. The Mayor declared the motion carried . CO UNC ILMAN CLAYTON HOVED TO APPROVE SUPPLEMENT ff66 TO THE SOUTHGATE SANITATION DISTRICT . Counc ilman Harper seconded the mo t ion . Upon a ca ll o f the roll, the vote resulted as foll ows : Ayes: Nays : Council Memb er s Clay ton, Mann , Wi lliams, We ber, Smith, Harp er, Taylor . None . The Ha y or declared the mot i on carried. COUNCILMAN CLAYTON MOVED TO APPROVE SUPPLEMENT #67 TO THE SOUTHGATE SANITATION DIS TRIC T. Councilman Ha rper seconded the .motion. Upo n a call of the roll, the vote resulted as f ollows : Ayes : Nays: Council Members Clayton, Mann, Willi ms, Webe r , Smith, Harper , Taylor . Non e . The Mayor declared the motion carried. * * * * * * Ci ty Mana ger McCown presented t he re ue st for a 3.2 beer licen se renewal -consumption off the premi ses - f or the 7-11 Store, 2 705 South Broadway. Mr. McCown stated the request h ad been tabled unti l this meeting because more informa tion was needed to explain why the applicant had responded affirmatively to the question, "Have you ever had y our license sus pend ed o r revoked?" Mr. McC own s t a te d after investigat ion, it was di scovered that there had been no violations of the liquor code by this particular store i n the City of Englewood. Th e firm operates s everal stores throughout the south and southwestern part of the United Sta tes, some of which have had the ir licenses re- voked . Mr. McCown stated the f irm wanted to be completely honest in applying for a renewal license. • I • - • • May 7, 1979 Page 16 • • • CO UNCILMAN WILLIAMS MOVED TO RENEW THE L CE NSE FOR 3.2 BEER - CONSUMPTION OFF THE PRE MI SES -FOR THE 7-11 STO RE , 270 5 SOUTH BROAD - way. Councilman Weber seconded the motion. Upo n a ca ll of the roll, the vote r esul ted as follows : Aye s: Nays : Counci l Me mbe rs Clayton, Mann, Williams, Weber, Smith , Harper, Taylor. None . The Ma yo r de la red th motion carried. ORDINANCE NO. 20 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 21 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE AMENDING SECTION 5 (f), CHAPTER 1, TITLE X, of the '69 E.M.C ., AUTHORIZING THE PARKS AND RECREATION COMMISSION TO APPOINT A SENIOR CITIZENS ADVISORY COMMITTEE AND THE COMMITTEE BE REVIEWED BY COUNCIL AT EVERY THREE-YEAR INTERVAL. City Attorney Berardini noted that the two paragraphs under 10-l-5 : POWERS AND DUTIES be reversed and that the paragraph appearing in capital letters be made subsection (f) and the para- graph appearing in l ower case be made subs e ction (g ). COUNCILMAN HARPER MOVED TO PASS CO UNCIL BILL NO. 21 ON FINAL READIN G. Councilman Weber s ec on ded the motion . Councilman Clayton s tat ed he was in agr e ement with t he basic intent of the b i ll; howeve r, he thought i t was not a goo d i dea to have independent board s and agencies of t he Ci t y appointing other bo a rds a nd agenc ies. Mr . Clayton stated he though appoint-ments should require Council approval. Upon a call of th e roll, the vote r sulted as fol lows: Ayes: Nays: Council Members Mann, tVilliams, Weber, Smith, Harper , Taylor. Council Member Clayton. The Mayor declared the mo .tion carried. * * * * * * I • - • • Ma y ·7, 1979 Page 17 ORDINANCE NO . 21 SER IES OF 1979 • • • BY AUTHOR ITY COUNCIL BILL NO . 2 4 INTRODUCED BY COUNCILME N MANN /SMIT H AN ORDINANCE VACATING PART OF A STREET BETWE EN BLOCKS 4 AND 5, ENGLEWOOD HEIGHTS SUBDIVISION, CITY OF ENGLEWOOD , COUNT Y OF ARAPAHOE, COLORADO. City Attorn e y Berardini asked the private party involv d in this transaction, Mr . William F . Davis, if he would b willing to grant to th e City an easement for the purposes of maintaining the City Ditch with the provision that if the ditch should be piped then the easement would be returned to him. Hr. William F. Davis was in attendance and stated that he and his wife agreed to the condition as stated by the Cit y At torney. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO . 24 ON FINAL READING WITH THE ADDITION OF THE EASE~lliNT TO BE SUPPLIED BY THE CITY ATTORNEY . Councilman Hann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper , Taylor. None . The Hayer declared the motion carried. ORDINANCE NO . SERIES OF 1979-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 25 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE APPROVING AGREEHENT BETWEEN THE CITY AND COUNTY OF DENVER, ACT ING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS, AND THE CITY OF ENGLEWOOD, COLORADO , KNOWN AS THE "CITY DITCH AGREEMENT", WITH CER -TAIN ~lliNDMENTS. COUNCILMAN WILLIAMS HOVED TO PASS COUNCIL BILL NO . 25 ON FIRST READING. Councilman Weber seconded the motion . Councilman Smith stated he op posed the bill because he and several other cit izens were under the impression that it was going to I • - • May 7, 1979 Page 18 • • • be closed in t h e next three t o five y ears; t h s g~vLn g propert y owners additional u s e of their property . The term of the a greement is for twenty years; consequently, the dit ch may never be clos ed Councilman Clayton opposed the bill because th term of the agreemen t is t o o long. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Mann, Williams , Weber, Harper , Taylor. Council Members Clayton , Smith. The Ma y or de clared the motion carried. RESOLUTION NO. 18 SERIES OF 1979 * * * * * * A RESOLUTION AUTHORIZIN G THE PURCHASE OR CONDEMNAT ION OF A FEE SIMPLE INTEREST AND EASEMENT IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD, COLORADO, TO PROVIDE A SITE FOR CONST RUCTION OF A WATER STORAGE STRUCUTRE. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 18, SERIES OF 1979. Councilman Harp er seconded the motion. Upon a call of the roll,the vote resulted as follows : Ayes: Nays : Council Members Clayton, Mann, Williams, Weber , Smith, Harper , Taylor. None . The Mayor declared the mo tion carried. RESOLUTION NO. 19 SER IES OF 1979 * * * * * * A RESOLUTION APPROVING THE AP PLICATION OF PAUL H. DAGHLIAN AND SHAKE' T. DAGHLIAN, DO I NG BUSINESS AS PAUL'S RESTAURANT & PIZZERIA, FOR A HOTEL AND RESTAURANT LICENSE TO BE LOCA TED AT 3542 SOUTH FOX, ENGLEWOOD , COL ORADO . COUNCIL MAN CLAYTON HOVED TO PASS RESOLUTI ON NO. 19, SERIES OF 1979. Councilman Williams seconded the mo tion . Upon a call of the roll, the vote result ed as follows: I • • May 7, 1979 Page 19 Ayes : Nays : • • .. • Coun cil Memb e rs Clayton, M nn, -l liams, Weber , Smit h, H r er, Taylo . None . The Hayer declared the mo tion c rried . RESOLUTION NO. 20 SERIES OF 1979 * * * * * * A RESOLUTION APPROPRIATING $50,000 FROM THE WATER FUND TO THE ADHINISTRATIVE AND GENERAL ACCOUNT TO PROVIDE AN EMERGENCY FUND TO ASSIST IN DEFRAYING THE COST OF THAWING WATER SERVICE LINES AND TO ESTABLISH QUALIFICATION FOR COHPENSATIO N THEREFOR. City Attorney Berardini noted in the fourth para g ra ph "92" should be changed to "93". COUNCILHAN HANN MOVED TO PASS RESOLUTION NO. 20, SERIES OF 1979 . Councilman Smith seconded the motion. Councilman Clayton no ted that the resolution contains no upper limit on all claims. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Co uncil He mber s Cl ayton, Mann, Williams , We ber , Smith, Harper, Taylor. Non e. The Mayor ~ecla red the moti on carried . RESOLUTION NO. 21 SERIES OF 1979 * * * * * * A RESOLUTION AUTHORIZING MACLEE RADIO, INC. AND WES TERN BROADCAST - ING CORPORATION A THREE MO NTH EXTENSION OF THE LEASE OF JANUARY l, 1972. COUNCI LMAN SHITH MOVED TO PASS RESOLUTION NO 21, SERIES OF 1979. Councilman Weber seconded the motion . Upon a call of the r oll, the vote resulted as follows: Ayes : Counc il Hem be r s Clayton , Mann, Williams, Weber, Smith, Harper, Taylor . • I • f ( • • • • May 7 , 1979 Pa 0 Nays: Non . The Ha yor declared t he motion carried. * * * * * * City Attorney Berardini reported on the status o th case Oline r vs. the City, involving the property upon whic h the Police/Fire Center is located . Hr. Berard:i.ni stated the Colorado State Supreme Court has refused to accept the case; and the lower court deci sion stand s Ther for e, the law suit is completed and the City may exercise its option to purchase the land a ccordin t the terms of the lease after 1995 . Mr. Berardini stated he wo uld prepare a broader report on the case at a later date . * * * * * * City Hanager M Gown presented a memorandum from the Dire ctor of Public Works to the City Manager conc erning the spee d limit on South Elati Street. Mr. McCown stated the results of the study conducted by the Traffic Enginee r indicate that 25 mile s per hour in this area is an adequate sp eed. Mr. McCown stated the Traffic Engineer also points out that the Model Traffic Code stipulates that 25 miles per hour will be in the speed limit in business distri ts . Mr. McCown stated the cross walk intersection at Girard Street will be restr iped a nd Police Ch ie f Holmes will ask for selective enforcement of the speed limit in thi s area . Mr. McCo wn s tated staff does not recommend that the spe ed limit be changed to 15 miles per hour . Council discussed the problem o f pedestrian cross walks in this area. Council req uested the City Hanager to re port back o n some of their suggestions . City Manager McCown stated he would re qu e st that the study be broadened and follow up with re omm ndations RESOLUTION NO . 17 SERIES OF 1979 * * * * * * A RESOLUTIO SUPPORTING THE DE VER REGION ELEME T OF THE STATE IMPLEMENTATION PI.AN THROUGH COMMIT}ffiNT TO IMPLEMENT SPECIFIC AIR PO LLUTION CON TRO L MEASURES AND TO CONSIDER FOR I MPLEME NT ATION THOSE ADDITIONAL MEAS URES RECOMMENDED AS THE RESULT OF FURTHER EVALUATIONS TO BE CONDUC TE D UNDER THE CONTIN UING AIR QUALITY PI.ANNING PROCESS . Director of Commun ity Developme n t Wanush appea red b efo re Co unci l and discussed the commitments b y which passage of the resolution would obligate the City. Counc ilman Mann opposed the concept of the resolution on the basis that the agency is no longer advising the Ci ty of Engl wood bu t • I • • - f • • May 7, 19 79 age 21 • • • dL tating to i t ; ther eby , taking away l ocal a tho Lty o f lo al pro-blems . Councilman Harper stated there h· s to be a coord ... nating agency n the region if any t h in g i s go ing to be done about poll t ion COUNCILMAN WEBER MOVED TO PASS RE OLUTION NO. 17 , SERIES OF 1979. Co unc i lman Harper seconded the motion . Counc ilman Sm i th expressed concern on hmv th e p lan was going t o be financed. Upon a ca ll of the roll, the vot resulted as follows: Ayes ; Council Members Cl ayton , Wil liams, Weber, Harper, Tay lor. Nays: Council Me mbers Smith , Ma nn . .The Hay or dec lared the mot i on carried . Mr. Bill Howard, 1411 East Dartmo uth Avenue , was gr anted pe r- miss ion to appear before Council . Hr . Ho ward sta ted Englewood has been desi gn at ed as a regional act ivity center and any future acquiescence to clean air plans will have a d ire ct effect on th e Ci t y 's economy. Hr. Howard sugges ted that before the r es trictions get mo re specific relative to clean air, negotiations be started with DRCOG to get some kind of a balance between their c ommitment to RTD facilities in th is a rea against their re qui rements for clean air. * * * * * * City Manage r McCo wn presen t ed the six quarter b udge t for Ap ril 1979 through September 198 0 and the recommendations contained therein. RESO LUTION NO. 22 SERI ES OF 197 9 A RE SOLUTION AMENDING TH E PUBLI C HPROVEHENT FUND, REVE UE SHARING FUND, AND GENERAL FUND BUDGETS FOR 1979. COUNCI LMAN MANN MOVED TO PASS RE OLUTION NO. 22, SERIES OF 1979. Co uncilman Smi t h sec onded the motion. Upon a call of the roll, the vote re sul ted as follows : Ayes: Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper , Taylor. None. • I • - • May 7 , 1979 age 22 • • • The Ma or declared th motion carried . * * * * * * COUN CIL!1AN CLAYT O THE GRANT RECEIVED FRO l THE $35,000 FO R.THE REHABILITAT the motion . Upon a cal l o f MOVED TO UTHORIZE THE MAYOR TO SIG STATE HOUS I NG DI VISI ON I THE AMOUNT OF ON PROGRAM. Counc i lman Weber seconded th e rol l, t he vote r es u lted a fo l lows . Ayes: Counc il Me be r s Cl ay t on, Mann, Wi lliams, We ber, Sm ith, Har p er , Taylor . ays : l one . The l'!ayor de clare d th e motion carried . * * * * * * City Manager McCown stated the City has been notified b y the Bure au of Outdoor Recreation of ac ceptance of a g r ant for $250 ,000 for the river redevelopment . Mr . McCown stated the grant i s matc hing monies for 1980 and the staff is s tudying the accounting procedures to facilita t e the grant. * * * * * * Mayor Taylor reminded Council of numerous items which need to be discussed and disposed. Mayor Ta y lor pro posed a day -long stud y s ession as soon a s possible. COUNCILMAN MANN MO VED TO INSTR UCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE ON THE REPAI R, RE PLAC EME NT, LOWE RI NG AND THAW ING OF FROZEN WATER LINES IN THE CI TY'S PUBL IC RIGHT-O F-WAY. Coun cilman Sm ith seconded the motion. Councilman We b e r s ta ted he woul d like to discu ss the mat ter at a study session t o a v o id making ame n dm nts to a f in al draft. Co un c ilma n Mann wi t hdrew his motion drew his se con d to the motion. Counci lman Smi th with- Coun c il agr ed t o d iscuss the frozen wat er line matter in a ~:>tudy s ession . Counc i l a g r e ed t o set aside a y lOth at 6:00 p.m. to discuss labor n egotiat i ons in an e xecutive stud y session. * * * * * * Mayor Taylor s tated the En g lewood High Sch o ol marching band has been invited to participate i n the a nnual Ro se Bowl parade. Mayor • I • • May 7, 1979 Page 23 • • • Taylor asked Council to help these students find jobs because each student has to pay his or her own way. * * * * * * Councilman Clayton requested a bulletin of the list of times and dates for the meeting s that have been set up during this meeting. * * * * * * There was n o fur ther busine ss to be discussed. * * * * * * Mayor Taylor adjourned the meeting without a vote at 11 :45 p.m. ~uty City ~k I . - • ( • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO May 7, 1979 /{L The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session at 7:30p.m. on May 7, 1979. The invocation was given by the Reverend Rosemary Morris, Englewood Mayflower Congregational Church, 3001 South Acoma Street. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, We ber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quo rum present. * * * * * * Also present were: City Ma nager McCown Assistant City Manager Curnes City Attorney Berardini Director of Community Development Wanush Assistant Director of Community Develop- ment Reddy Director of Utilities Fonda Director of Finance/ex officio City Clerk James Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 16, 1979. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. Nays : None. The Mayor declared the motion carried. * * * * * * • I • • May 7, 1979 Page 2 • • • Mayor Taylor encouraged everyone t o vote i n t he sc hool board e lection, May 8, 1979. * * * * * * COUNCILMAN WILLIAMS MOVED TO APPROVE THE PROCLAMATION DECLAR- I NG THE MON TH OF MAY. 1979, AS "YOUTH MONTH". Councilman Mann seconded the motion . Upon a call of the roll, the vote resulted as follows : Ayes : Na ys: Council Members Clayton, Mann, Wil liams, Weber, Smith, Harper, Taylor . None . The Mayor declared the motion carried. Deputy Clerk Watkins read the proclamation and Mayor Taylor presented it to the pre-scheduled visitor Mr. Harry Musser, 5065 South Huron Street, P.E.R. Englewood Elks. Mr. Musser thanked Council for this recognition. * * * * * * Pre-scheduled visitor, Mr. Leonard A . Billingham, 4363 South Grant Street, was present. Mr. Billingham requested approval of an encroachment into the City's right-of-way for a 34-inch split-rail fence which has been installed across the front of his property. Director of Community Develop ment Wanush appeared before Council and stated there were no objections to Mr . Billingham's re- qu e st. Director Wanush stated Assistant Director of Community Develop - ment Romans has discussed with Mr . Billingham that by signing the agree- me nt h e is committed to removing the fence upon request from the City. COUNCILMAN CLAYTON MOVED TO BRING FORWARD AGENDA ITEM 6E "MEMORANDUM CONCERNING THE ENCROACHMENT REQUEST AT 4363 SOUTH GRANT ST REET". Councilman Mann seconded the motion. Upon a call of the roll, the vote re sulted as follows : Aye s : Nays : Council Members Clayton, Ma nn , Williams, Weber, Smith, Harper, Tay lor. None . The Mayor declared the motion carried. COUNCILMAN CLAYTON HOVED TO APPROVE THE ENCROACHMENT REQUEST FOR MR. LEONARD BILLINGHAM, 4363 SOUTH GRANT STREET. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • - • May 7, 1979 Page 3 Ay es : Nays : • • • Council !1embers Clayton, Ma nn , Williams, Weber, Smith, Harper, Taylor . None . The Mayor declared the motion carried . * * * * * * Hr . Charles Roland, 424 West Oxford Avenue , appeared befor e Council on behalf of Mrs . Dor o thy Roland. Mr. Roland re qu es ted Coun- ci l's ap proval to install a 48-inch chain link fe n ce along the f ront and to the side of their p ropert y which would encroach into the City's righ t -of-way on South Elati Street and West Oxford Avenue . Director Wanush appeared before Council and stated there were no objections to the request. Mr. Wanush stated it would be appro- priate to grant the encroachment if the fence is no higher than 42 inche s required by ordinance for fences in stalled in front yards. COUNCILMAN CLAYTON MOVED TO BRING FORWARD AGENDA ITEM 6F "MEMORANDUM CONCERNING THE ENCROACHMENT REQUEST AT 424 WEST OXFORD AVENUE". Councilman Hann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Hembers Clayton , Hann, Williams, Weber, Smi th, Harper, Taylor. None . The Mayor declared the motion carried . COUNCILHAN CLAYTON MOVED TO APPROVE THE ENCROACHMENT REQUEST FOR MRS. DOROTHY ROLAND, 424 WEST OXFORD AVENUE, WITH THE STI PULATION THAT THE FENCE NOT BE OVE R FORTY-TWO (42) INCHES HIGH . Councilman Ha r pe r seconded the motion . Upon a c all of the roll, the vote r esulted as follows: Ayes : Nays: Council Mem bers Clayton, Mann, Williams, We ber , Smith, Har per, Taylor. None . The Mayor declared the motion carried. * * * * * * Director of Utilities Fonda appeared before Council and dis- cussed the bids received for the Allen Water Treatment Plant additions and improvements, Dartmouth Av enue Pump Station and Bear Creek Pump Station modifications, and the elevated tank. Mr. Fonda stated he • I • • • May 7 , 1979 Page • • • ha d recommendations for all the projects except the e l evated tank and that recomm endat ion would be forthc oming at the next re gular Council meet in g. Mr. Fonda recommended that Council accept the following bids: Pr oject Allen Treatment Plant Dartmouth & Bear Creek Pump Stations Water Tra nsmission Hains TOTAL Contractor Olson Const ruct ion Co . Powder Horn Constructors Holsam Conc re te Co. Bid $ 4,70 8 ,496 .00 184,49 6.00 2,498,146 .00 ~ 7,391,395.00 Mr . Fonda stated the low bidder for the Allen Treatment Plant was Petry-Yapp i; howeve r , they re~uested to be withdrawn claiming they had made a mathematical error. Mr . Fonda stated the City Attorney has advis ed him that coll ection of the bid bonds from Petry-Yappi would prob ably be un suc cess ful; therefore , that was why he was re com- me nd ing the Olson Construction Co. Mr. Fonda added the bid from Holsam Concrete Co. included $10,975.00 for the po l ye thylene encasement of the pipes . COUN CILMAN HARPER MOVED TO ACCEPT THE BIDS PRESENTED FOR THE ALLEN TREATMENT PLANT TO OLSON CONSTRUCTION CO MPAN Y OF $4,708,496 .00 ; FOR THE DARTMOUTH AND BEAR CREEK PUMP STATIONS TO POWDER HORN CON- STRUCTORS OF $184,496 .00; AND FOR THE WATER TRANSMISSION MAIN S TO HOLSAM CONCRETE COMPANY OF $2,498,146.00. Counci l ma n Smith seconded the motion. Up on a call of the roll, the vote resulted as fol lows : Ayes: Nays : Counc i l Members Clayton, Man n, Williams, Weber, Smith, Har per, Ta y lor. No ne . The Mayor declared the motion carried . * * * * * * Pre-s cheduled visitor, Mr . Lynn Mas sa, 4795 South Broadway appeared before Council. Hr. Massa discussed his o bjections to the City moving Fire Station #3 to property adjacen t to his property. Mr . Mass a stated from a community standpoint the relocation would be un- desirabl e because the streets are too narrow percipitating traffic pro blems. Also, there were several schools in the area making it h azardous for school children. From a personal standpoin t, Mr. Massa stated he felt it would f orce him out of bus iness because the lot h e uses for parking would be taken by the Ci ty. Mr. Massa stated if • I • n ( • • • .. Ma y 7, 1 979 P a g e 5 the Ci t y wou l d ch n g e t he z o nin o f ertain p r op ert y i n t h a t a e a to c o mme r c ial the n h e probably wo uld n ot be h u rt. Mr. Massa sta te d t here were sev ral locations o . a o a dw a y t ha t we re n o t me e t i n g c o de; n amely, t empora r y b u i l dings w ·th n o fo undation s a t: 3778 So uth Bro adway 3940 So u th Bro a dway -two semi-trailer w re p a ke d o u t n t h e back lot 3800 South Broadwa y Quincy and So uth Br oadwa y 448 0 S o ut h Broadway * * * * * * Pre -scheduled visitor, Mr . E lmer Schwa b, 479 5 South I n ca Str e e t , a ppeared before Council and discussed hi s conc erns a bou t re - location of Fi re Station #3. Mr. Schwab objected t o spe nd i n g mon ey to relocate the station and felt it should be spen t h elp i n g t h ose people who had froz e n water pipes last winter. Mr . Schwab s uggested d elaying the mo ve until the State Department of Highways wi dens Belleview t at which time they wo u ld hav e to take the financial respons i bility of relocating it . Mr . Schwab s tated the proposed loc a tion is hazardous f o r the s a me reasons s ta t ed b y Mr . Massa. Mr. Schwab stated the p re - sent location serves i t purpos e and e ncouraged Coun cil to study the matt e r fu r ther . * * * * * * Pre-scheduled visitor, Mrs . Laura Dreher, 13 05 Ea st Ho wel l , S ea tt l e, Wa shington, appeared before Council . Mrs. Dreh er st ated she receive s her sole in c ome from the prop erty l oc ated a t 48 1 1 South Br oad- way and wo uld be f o rced to sell it if the C ity relocates t he fi r e st a tion a t t he corner o f L a y ton and Ac oma Stree t s . P re-scheduled visit or, Mr . St e p h en Dr eher , 54 Wes t L a y ton Avenue, an d Mr . Micha el Haran , a p peared b efor e Co uncil a nd pre s e n te d a r g u men t s on t he proposed reloca t ion of F ire St a t i o n #3 . The y pr e - sented a map il lu st r a t ing c urren t f ire stat i o n location s a nd each st ation 's res p o n se t ime. Mr. Dreher qu est i one d wh y t h e re lo c ation was ne cessar y . City Manage r Mc Cown stated t here were too many traffic p ro- b lems o n Bellev iew Avenue . The r e s u l ts o f a s tudy conducted in 1973 b y Public Tech nol o g y, I n corporate d, i dent ifie d th is parti u l a r f i re s tation t o be in the wro n g l o cation a n d r e c omm ende d movi n g it further t o t he north and e ast. Mr. Mc Cown s t ated fun ds were f i rst a ppropriat e d i n 19 73 ; h owever, the roject h as b e e n giv e n a low prior i t y u ntil this y ear . Mr. Dreher oppos e d the propo s ed s it e f o r t h e followin g rea - son s: 1 ) it would i n vo lve the tak ing o f a resident ial h ome ; 2 ) t h e f i r e • I • • - ( ( • May 7, 1979 Page 6 • • - tr uc k woul d go by the fr ont of two schools; 3 ) time ould be lost traveling over the dips in t he street on Clay t on; 4) the traffic is too heavy for access onto So ut h Broadway; 5) the s treet s are too narrow on Layton and Acoma; and 6) parking wo uld probably be banned at the businesses of Massa Glas s, the Tackle sho p, ne ighboring apartment build i ngs a nd single-family residences in the area. Mr. Dreher suggested the following alternatives: l) ren ova t e the vo lunteer fire s tation at Quin cy and Federal ; 2) relocate at Tufts and Navaj o where there are no residential homes, two lots are for sale, and clo se access t o schoo ls and majo r arterials. Mr. Drehe r stated he hoped his agrument s prove d a need for further study on the proposed relocation of Fire Station #3. Pre-scheduled vi sitor, Mrs. Betty J . Wike, 4985 Sout h Huron, appeared before Council. Mrs. Wike stated several people in her neigh- borhood wa nt to keep the station at its present location. Mrs . Wike stated she was a memb er of the Dreher family, grew up in th e area of t h e proposed site, and would be d isappointed to see the City take it . Mrs. Wike asked that the small merchants not be for go tten an d some of t hem would be hurt if the parking was taken away. She felt the traffic p roblems would be just as bad on Broadway as they are now on Belleview. She appealed to Council not to take away the property owned by her sis te r -in-law, Mr s . Laura Dreher. Mrs . Wike a sked the audience for a show of hands of those who were in sup p ort of Hrs . Dreher. Appro x i-mately 40 pe ople held up their hands . COUNCILMAN MANN MOVED TO BRING FORWARD AGENDA ITEH 7D "A RESOLUTION CONCERN ING THE RELOCATION OF A FIRE STATION". Councilman Williams seconded th e motion . Upon a call o f the roll, the vote re-sulted as foll ows : Ayes: Na y s: Coun ci l Hemb ers Clayton, Mann, Williams, Weber, Smith, Ha r p er, Taylor. None. The Ha yor declared the motion carried . COUNCILMAN MANN MOVED TO POSTPONE THE RESOLUTION FOR TWO COUNCIL MEETINGS UNTIL THE FIRST COUNCIL MEETING IN J UNE . Council-man Williams seconded the motion. Ayes : Counc il Members Cl ayton, Mann , Williams, Harper , Ta ylor . Nays: Council Members Weber, Smith . The Mayor declared the motion carried. Councilman Smith stated po stponeme nt would not accomplish anything without additi onal information, citizen input and planned • I • ( • May 7, 1979 Page 7 • • - p r esentations from staff. Co un c ilman Smith s tated th re ne ds to be an open forum for citizen in p ut . COUNCILl1AN NAN N MOVED TO SET A PUBLIC HEARI G 0 HAY 14, 19 79, TO CONSIDER THE RELOCATION OF FIRE STATION #3, AT 8 :00 P.M. Mo tion died for lack of a second . COUNCILMAN SMITH MOVED TO SET A PUBLIC HEARING ON TUESD AY, MAY 22, 1979, AT 7 :00 P.M . TO DISCUSS THE MATTER . Councilman Mann seconded the motion. Councilman Smith withdrew his motion be cause the date c on- flicted with a Planning and Zoning Co mmission hearin g. Councilman Mann withdrew his second to the motion. COUNCILMAN WILLIAMS MOVED TO SET A STUD Y SESSION FOR MAY 29, 19 79 , AT 7:00 P.M. AT THE POLICE/FIRE CENTER TO DISCUSS THE ~~TTER . Counc ilman !ann seconded the motion. Councilman Clayton request ed tha t Council pursue City Manager McCown's suggestion in that letters be writt en to all property owners in the are as of all the proposedsite s notifying them of the study ) sess ion and that full information be available t o Cou ncil on each site. Councilman Harfer requested an impact statement on each one of the sites for Council s information . Upo n a call of the roll, the vo te re su lted as follows : Ayes: Nays: Council Members Clayton, Mann , Will iams, Weber, Smith , Ha rper, Ta y lor. None . The Mayor declared t he motion carr ied. * * * * * * Pre -scheduled visitor, Mrs. Au drey Scott, 2926 South Gal apago Street, ap p eared before Counc i l and discussed the frozen water line pro - blem. Mrs. Scott stated she wa s repres enting a newl y-formed organization cal led the MMI. Mrs. Scott stated the proposed res olution for partial re i mbursement to citizens who had frozen water lines th is winter is discriminatory and rep r esented a special interest group b cause reim- bur sement depends upon one 's annua l i n c ome and who can s a y who can fo r unthaw ing frozen water lines. Mrs. Scott s tated the MMI favors full reimbursement for everyone . Mrs. Scott questioned the credibility of the Denver Regional Council of Governme nts from which certai n information wa s taken to prepare the resolution. Mrs . Scott sugges ted the followi ng course s o f action concern - i n g the pro blem: 1) defeat the resolution and redevelop a plan that would • I • • ( • • • .. May 7, 1979 Page 8 p rovide for complete and total reimbursement for all peop le ; 2) de- cide wha t to do about future freezes ; and 3) pa ss a n ordinance wh e re- by the City assumes responsibili ty for water mains in the City 's righ t -o f-way. Mrs . Scott stated the MM I recommends defeat of the re- so lut ion after which wi ll come repercussions to g et the government back to the people. When aske d b y Councilman Smith for what did the initials MMI stand, Mrs. Scott refused to answer. * * * * * * Pre-scheduled visito r, Mr. Jack Patterson, 3587 South Ogden Street, appeared before Council Mr. Patterson stated he was present because Council did not vote on his petition presented at the ir meet - ing of April 2, 1979, to remove Councilman Donald Weber from his seat in Council District #2. Mr. Patterson submitted another petition con-cerning his s ame prior re quest . * * * * * * Mayor Tay l or asked if t h ere were any other vi sitors in the audience wishing to spe ak at this time . Mrs. Patterson, appeared befor Council and re uested info r - mation on the Senior Su rre y. Mayor Taylor stat e d he had received additional information and would g et in contact with her t he next day. Mr . George H. Allen, 2799 South Downing, appe ared before Counci l and discussed the challenge to remove Counc ilman Donald Weber f rom his distr i ct. Mr . Allen stated the issue has drawn much intere st i n h is neighborhood from those citizens who were s atisfied with Mr. We ber's performance on the Council . Mr. Allen stated these people are willing to offer full support to keep Mr . Weber on Council. Mr . Alle n asked for a show of hands of those people who sup ported Mr . Weber. Approximat ely 40 people raised their hands. Mr. Russell Reem e, 220 West Layton Avenue, appeared before Council and ques tioned wh y d oes Council need 2/3 vote to pass the emergency re imb ursement water line resolution when it is not re quired on other matters. Mayor Taylor stated the issue was on t he agenda and asked if Mr . Re eme had he ard the discussion on t his ma tter at the study ses sion. Mr. Reeme i ndicated that he had . Mr. Bob Brundage, 4140 South Huron, appeared before Council and spoke in opposit ion to some is sues raised by some citizens who have spoken out against the City Council. Mr . Brundage asked that such • I • ( ( • May 7, 1979 Page 9 • • • acti ons be brought to a halt in order that Council c o uld return to more important issues. He stated there were a lot of positive- thinking citizens in Englewood and it is not their intention t o le t the harassment continue. Mr. Doug Severn, 4550 South Knox Court, Council and offered his full support to Council . the attacking of e lected officials and stated the wha t qua lification s does the petitioner have that vestigate the Council. appeared before Mr. Severn opposed citizens should ask allow:; him to in- Mrs.Isabella Knight, 3021 South Lincoln, appe ared before Council. Mrs. Knight stated she was one of the people who had written letters in the newspa pers . Mrs. Knight stated she wrote the letters not to talk about someone but to bring up issues about which she felt the pub lic should be concerned . Mrs. Knight stated she did not want to cause dissention between the Council and the citizens but rather wanted them to work together. Mrs. Knight stated she had become ill from the smoke-filled r oom and wished that smoking would not be per-mitted at public meetings. Councilman Clayton spok on the att r o erving as a coun- cilman and a personal i ncident involving his son. Mr. Clayton stated people mus t r espect each other's right to disa ree. Hrs. Be verly Howel , 3255 outh l aware, appeared before Council and asked for identification of an ar a designated for low cost housing in the City of Englewood. Mrs . Howell referred to a re- cent article appearin g in t he Englewood Citizen concern ing the matter . Director Wanush appeared before Council and e x p lained what tareet are a was being s taged for rehabilitation loan e ligibility . Mr . Wan ush stated the article discusses more subj cts than jus t · the r e-habi litat ion loan program. Mr. Truman Davis, 2721 South Ogden, appeared before Counc il. Mr. Davis stated he was proud of hi s councilman and would like to have Mr . Jack Patterson and whoever i behind him investigated . Mrs. Frances Howard, 645 East Yale Plac , appe ared before Council. Mrs . Howa rd stated the actions that have taken place in the last few weeks agains t certain council memb er s would deter any qualified person from running f or election in November. Mayor Taylor expressed appreciation to the people who came to the meeting. The Mayor also expressed the pride he felt in being a part of the City of Englewood. * * * * * * Mayor Taylor declared a recess at 9 :30 p.m. The Council re- convened a t 9 :45p.m. Mayor Taylor asked for roll call. Upon a call of the roll, t he follow i ng were present: • I • ( ( • • May 7, 1979 Page 10 • • • Council Members Williams, Weber, Smi th, Harper, Clay ton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * COUNCILMAN MANN MOVED TO OPEN THE PUBLIC THE COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION. seconded the motion . Upon a call of the roll, the follows: HEARING TO CONSIDE R Councilman Clayton vote resulted as Ayes: Council Members Cla yton, Mann, Williams, Weber, Smith, Harper, Taylor. Nays : None. The Hayor declared the motion carried . Director of Commw1ity Development Wanush appeared before Council and presented the grant application. Mr. Wanush stated the application is for the United States Department of Housing and Urban Development for $226,000 to be used s olely for housing rehabilitation in the City of Englewoo d . Mr. Wanush stated the $226,000 would be used to subsidize loans in the existing program and would allow the program to continue for another two years. Mr. Wanush explained the philosophy for focusing on one particular target area and which areas will be emphasized under the program. Hr. Wanush stated the Planning and Zoning Commission has approved the Housing Assis t anc e Plan and the amended target areas are a part of the proposed comprehens ive plan soon to be transmitted to Council. Mayor Taylor asked Mrs . Howell if her previously-stated ques tions had been answered. Mrs. Howell stated that they had been. Mayor Taylor asked if anyone in the audience wished to speak in favor of the application. N_o one responded. Mayor Taylor asked if anyone in the audience wished to sp e ak a g ainst the application. No one responded . COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Council- man Harper seconded the motion. Upon a call of the roll, the vote re- sulted as follows : • I • - ( • ( • May 7 , 1979 Pag e 11 Ayes : Nays : • • • Council Mem b e rs Clay t on , Mann , Wil l iams, Weber , Smith, Ha rpe r, Ta y lor . None . The Mayor declared the mot i on carrie d. COUNCILMAN SMITH MOVED THAT THE CITY MANAGE R BE ALLOWE D TO SIGN THE COMMUNITY BLOCK GRANT APPLICATION. Councilman Clay ton s econded the motion . Upon a call of the roll, the vote resulted as f o llows : Ayes : Nays : Council Members Clayton, Mann , Williams , Weber, Smith, Harper, Ta y lor. None . The l'1ayor declared the motion carried. * * * * * * COUNCILMAN HARPER MOVED TO OPEN THE PUBLIC HEARING TO CON- S IDER THE REQUEST FOR A SPECIAL EVENTS PERMIT FOR BEER, WINE, AND LI QUOR FO R ALL SOULS CATHOLIC CHURCH ON JUNE 9 AND 10, 1979. Coun- c i lman Clayton seconded the motion. Upon a call of the roll , the vote resulted a s follows : Ayes : Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Ha rper, Taylor . None. The Mayor declared the mot i on carried . Mr. James Sprinkle, 500 East Grand, app e ared befo re Counc i l as a representative from All Soul s Cathol i c Church . Mr . Spr i nk l e submitted the photograph of the notice for a public h earing and re- quested that Council grant t he s p e cial events perm it . Hayer Ta y l or asked if a n yo ne in t h e a ud i ence wished t o s p e ak i n objection to the spec i al events pe rmit . No one re s ponded. COUNCILMAN HARPER MOVE D TO CLOSE THE PUBLIC HEARI NG. Co un - c ilman Clayton se conded the mot ion . Upo n a call of t h e roll, t h e vo t e res u lted a s follows : Ayes : Nays : Co uncil Me mbers Clayton, Mann, Wil l i ams , Weber, Smith, Harper, Taylor. None . The Mayor d eclare d t h e mo t i on car ried . • I • ( ( ( • May 7, 1979 Page 12 • • • COUNCILMAN WILLIAMS NOVED TO GRANT THE SPECIAL EVENTS PERI1I T FOR BEER, WINE, AND LIQUOR FOR ALL SOULS CATHOLIC CHURCH ON JUNE 9 AND 10, 1979. Councilman Nann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Clayton, Mann, William s, Weber, Smith, Harper, Taylor. None. The Ma yo r declared the motion carried. * * * * * * "C ommunications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) (e) (f) Minutes of the Housing Authority meetings of February 27 and Mar~h 22, 1979 . Minutes of the Board of Adjustment and Appeals me e ting of March 14 , 197 9 . Minutes of the Board of Career Service Commis- sioners meeting of March 15, 1979. Ninutes of the Planning and Zoning Commission meeting of April 3, 1979. Minutes of the Animal Control Committee meeting of April 23 , 1979. Memorandum from the Director of Public Works to the City Manager concerning snow and ice control. Councilman Mann asked for a status report on item (e). Mr. Thad Carson, 3990 South Jason, Chairman of the Animal Control Committee appeared before Council . Mr. Carson stated the Committee will vote next Monday night whether or not to accept a lic ensed veterinarian as a member. Mr. Carson stated there had been miscom- munication concerning the Committee's next meeting but the misunder-standing had been corrected. * * * * * * City Manager McCown presented the minutes of the Public Library Board meeting of April 10, 1979 , with a recommendation that appropriate action be taken to fill the vacancy on the Library Board . City Manager McCown stated the vacancy expires February 1, 1980 . • I • ( ( • May 7, 1979 Page 13 • • .. COUNCILMAN CLAYTON MOVED TO ACCEPT THE RECOMME NDATION AND TO SCHEDULE DISCUSSION ON THE RECOMMENDATION AT THE NEXT REGULAR STUDY SESSION. Councilman Mann seconded the mo tion . Upo n a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried . City Manager McCown stated the letters of application for the vacancy would be included in Council's next agenda packet. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Commission meeting of April 12, 1979 with two recom- mendations. The first recommendation concerns the land east of the Malley Senior Recreation Center. Mr. McCown stated the Commission recommends that the City purchase the property east of the Malley Center to be used for additional parking . Mr. McCown stated the property is the one about which the Englewood Centennial Bi-Centennial Foundation Administrative Committee appropached Council several month ago; and discussed their proposal to give Council certain monies to purchase the property if Council would match their funds. Mr. McCown stated both he and Mayor Taylor were designated to negotiate terms with the Com- mittee and negotiations are still on-going. COUNCILMAN CLAYTON MOVED TO RECEIVE THE RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION . Councilman Harper seconded the motion . City Manager McCown explained in detail the status of the negotiations between the Committee and the City on the matter. Mr. McCown stated the Committee is present ly undergoing evaluat i on of its purpose and capabilities. Up on a call of the roll , the vote resulted as follows : Ayes: Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor . None. The Mayor declared the motion carried. Mr. Doug Sovern, 4550 South Knox Court, appeared before Council and spoke on the Centennial-Bi-Centennial Foundation . Mr. Sovern stated h e recalled that the City was to match funds with the • I • ( c • May 7, 1979 Page 14 • • • Committee on a specific ratio as outlined in the o rig i nal agree- ment to make sure that any money contributed for a specific purpose was used for that purpose at least up to the original liabi lity. Mr. Sovern doubted that the Foundation was doing that. Mr. McCown stated the se cond recommendation from the Parks and Recreation Commission concerns the golf ball problem. Mr. McCown referred to the suit brought against the City by Mr. Byron Sutton for property damages. Mr. McCown stated the Commission has offered the following three alternatives to the problem : 1) cqnstruct a sc reen 30 feet high and 60 feet long adjacent to the tee box -the aesthetic result wou ld be grotesque but the effectiveness good; 2) plant six tall pine trees 20 - 2 5' on the bank of the creek at $700 -$800 per tree -the aesthetic result would be good as well as the effectiveness ; 3) stimulate growth of the existing trees for a cost of $500 over a three year period. Hayor Taylor discouraged Council to pay the claim of Mr. Sutton's on the basis of setting a precedent for future claims. Councilman Smith queried the Ci ty Attorney on the possibility of buying insurance coverage for this type of claim. City Attorney Berard ini stated his office researched the pro- blem with other golf courses in Denver. Mr. Berardini repor ted that the federally-owned clubs will pay damages done to vehicles or resi- dences which lie in the fairway. Of the other clubs that were checked, all stated it was the responsib ili ty of the individual golfer to pay for damages he or she may have caused. Mr. Berardini stated the Council may want to consider at a later time looking into possibilities of buying protection to cover suchdaims. COUNCILMAN HARPER MOVED TO PROCEED WITH THE PLANNED PROGRAM NOW IN EFFECT AT THE GOLF COURSE TO ELIMINATE THE PROBLEM OF GOLF BALLS THAT ARE HIT INTO THE TRAILER COURT WHICH IS ALTERNATE #3. Coun- cilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Clayton , Mann , Williams, We ber, Smith, Harper, Taylor. None . The Mayor declared the motion carried. * * * * * * Director of Utilities Fonda appeared before Council and pre- sented the minutes of the Water and Sewer Board meeting of April 23, 1979 and the recommendations to approve the contract with the Colorado Wate~ Conservancy District Groundwater Management Subdistrict, to approve • I • • ( ( • • • - May 7, 1979 Page 15 Sup lement #66 Southgate Sanitati on Di trict and o approve Supp l e- ment #67 Southga te Sanitation District contained ther e in . COLORADO DISTRICT motion. COUNCI LMAN CLAYTON MOVED TO APPROVE THE AGREEME ~ITH TH E WAT ER CONSERVANCY DISTRICT GROUNDWATER MANAGEMENT SUB - FOR LEASE OF RAW WATER. Councilman Harper seconded the Up on a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Clayton, Mann , Williams, Weber, Smith, Har per, Taylor . None . he Mayor declared the motion carried. COUNCILMAN CLAYTON HOVED TO APPROVE SUPPLEMENT 1t66 TO THE SOUTHGATE SANITATION DISTRICT. Councilman Harper seconde d the motion . Upon a call o f the roll, the vote resulted as foll ows : Ayes: Nays: Council Members Clayton, Mann , \-lilliams, Weber, Smith, Ha rper, Taylor. None . The Hayor declared the motion carried. COUNCILMAN CLAYTON MOVED TO APPROVE SUPPLEMENT #67 TO THE SOUTHGATE SANITATION DISTRICT. Councilman Ha rper seconded the.motion. Upo n a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Clayton, Mann, Williams, We ber , Smith , Harper, Tay lor . None. The Mayor dec lared the mot:i.on carried . ***•! ** Ci t y Mana ger McCown presented the request fo r a 3 .2 beer license renewal -consumption off the premises -for the 7-11 Store, 2705 South Broadwa y. Mr. McCown stated t he request h ad ·b e en tabled until this meeting because mo re information was need d to explain why the applicant had responded affirmatively to the question, "Have yo u ever had y our licen se suspended or revoked?" Mr . McCown stat ed after investigation, it was discovered that there had been no violations of the liquor code by this particular store in the City of Englewood. The firm operates several stores throughout the south and southwestern par t of the United States, some of which have had their licenses re- voked . Mr. McCown stated the firm wanted to be completely honest in applying for a renewal license . I • - ( c • May 7, 1979 Page 16 • • • CO UNCILHAN WILLIAMS MOVED TO RENE CO SUMPTIO N OFF THE PREMISES -FOR THE 7-ll way. Coun ci lman Weber seconded the motion. the vote r esul te d as follow s: THE L CEUS E FOR 3. 2 BEER - STORE, 2 705 SOUTH BROAD - Upon a ca ll of the roll, Ayes: Nays : Council He mbers Clayton, Mann, Williams, Weber , Smith, Harper, Taylor. None . The Hayor dec lared the mot ion carried . ORDINANCE NO . 20 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 21 INTRODUCED BY COUNCILMAN HARPER AN ORDI NANCE AHENDING SECTION 5 (f), CHAPTER l, TITLE X, of the '69 E.M.C ., AUTHORIZING THE PARKS AND RECREATION COMMISSION TO APPOINT A SENIOR CITIZENS ADVISORY COMMITTEE AND THE COMMITTEE BE REVIEWED BY COUNCIL AT EVERY THREE -YEAR INTERVAL . City Attorney Berardini noted that the two paragraphs under 10-l-5 : POWERS AND DUTIES be reversed and that the parag ra ph appearing in capital letters be made subsection (f) and the para- graph appe aring in l ower case be made subs ec tion (g ). COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 21 ON FINAL READING. Councilman Weber seconded the mo t ion. Councilman Clayton stated he was in a g r eement with t he basic intent of the b il l ; however , he thought it was not a good idea to have independent boards and agencies of t he City appointing other boards and a gencies. Mr . Clayton stated he though appo i nt- ments shou ld requi re Council approval. Upon a call of the roll, t he vote r su l ted as follows : Ayes: Nays : Council Hembers Mann, Wi lliams, Weber , Smith, Harper, Taylor. Co uncil Hember Clayton. The Hayor declared the motion carried . * * * * * * • I • ( • Ma y ·7 , 1979 Page 17 ORDINANCE NO . 21 SERIES OF 1979 • • • BY AUTHOR I TY COUNCIL BILL NO . 2 4 INTRODUCED BY COUNCILMEN ~~/SM ITH AN ORDINANCE VACATING PART OF A STREET BETWEEN BLO CKS 4 AND 5, ENGLEWOOD HEIGHTS SUBDIVISION, CITY OF ENGLEWOOD , COUNTY OF ARAPAH OE, COLORADO . City At to rney Berardini asked the private party involved in this transaction, Mr. William F. Davis, if he would be willing to gran t to the City an easement for the purpos e s of maint aining the City Ditch with the provision that if the ditch should be piped then the easement would be returned to him . Mr. William F. Davis was in attendance and stated that he and his wife a greed to the condition as stated b y the City At torney. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO . 24 ON FINAL RE ADING WITH THE ADDITION OF THE EASE~ffiNT TO BE SUPPLIED BY THE CITY ATTORNEY . Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as foll ows : Ayes : Na ys : Council Members Clayton, Mann, Williams, We ber, Smith, Harper, Tay lor . None. The Mayor declared the motion carried. ORDINANCE NO . SERIES OF 1979-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BI LL NO. 25 INTRODUCED BY COUNCILMAN WILL IAM S AN ORDINANCE APPROVING AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER, ACT ING BY AND THRO UGH ITS BO ARD OF WAT ER COMMISSIONERS, AND THE CITY OF ENGLE WOOD, COLORADO , KNOWN AS THE "CITY DITCH AGREEMENT", WITH CER -TAIN AMENDMENTS . COUNCILMAN WILLIAMS HOVED TO PAS S COUNCIL BILL NO . 25 ON FIRST READING. Councilman Weber seconded the motion . Counci lman Smith stated he op posed the bill because he and several other citizens were under the impression that it was going to • I • - • May 7. 1979 Page 18 • • • be closed in the next three t o five y ears ; t hus g~v~ng property owners add itional use of their property . The term of the agr eme nt is for twenty years; conse quen t ly, the ditch may never be closed. Councilman Clayton opposed the bill be cause the term of the agreement is too long . Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Mann, Williams , Weber, Harper, Taylor. Council Members Clayton, Smith. The Mayor declared the motion carried. RESOLUTION NO. 18 SERIES OF 1979 * * * * * * A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FEE SIMPLE INTEREST AND EASEMENT IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD, COLORADO , TO PROVIDE A SITE FOR CONSTRUCTION OF A WATER STORAGE STRUCUTRE. COUNCILMAN SMIT H MOVED TO PASS RESOLUTION NO. 18, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll,the vote resulted as follows: Ayes: Nays: Council Members Clayton, Man n, Williams, Weber , Smith, Harper, Taylor . None. The Mayor declared the motion carried. RESOLUTION NO. 19 SERIES OF 1979 * * * * * * A RESOLUTION APPROVING THE APPL ICATION OF PAUL H. DAGHLIAN AND SHAKE' T. DAGHL IAN, DOING BUSINESS AS PAUL'S RESTAURANT & PIZZERIA, FOR A HOTEL AND RESTAURANT LICENSE TO BE LOCATED AT 3542 SOUTH FOX, ENGLEWOOD , COL ORADO. COUNCILMAN CLAYTON HOVED TO PASS RESOLUTION NO . 19, SERIES OF 1979. Councilman Williams seconded the motion . Upo n a call of the roll, the vote resulted as follows: • I • - • • May 7, 1979 Page 19 Ayes: Nays : • • • Counc il Memb rs Clayton , Mann, li lliams, Weber, Smith, Har er, Taylo . None. The Hayor declared the mo tion carried . RESOLUTION NO. 20 SERIES OF 1979 * * * * * * A RESOLUTION APPROPRiATING $50,000 FROM THE WAT ER FUND TO THE ADHI NIST RATIVE AND GENERAL ACCOUNT TO PROVIDE AN EMERGENCY FUND TO ASSIST IN DEFRAYING THE COST OF THAWING WATER SERVICE LINES AND TO ESTABLI SH QUALIFICATI ON FOR COMPENSATION THEREFOR. City Attorney Berardini noted in the fourth para raph "92" should be c hanged to "93". COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 20, SERIES OF 1979 . Councilman Smith seconded the motion. Councilman Clay ton no te d that the resolution contain s no upper limit on all claims. Upon a call of the roll, t he vote result ed as follows : Ayes : Nays : Council l1embers Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried . RESOLUTION NO. 21 SERIES OF 1979 * * * * * * A RESOLUTION AUTHOR IZIN G MACLEE RADIO, INC. AND WESTERN BROADCAST- ING CORPORATION A THREE MONTH EXTENSION OF THE LEASE OF JANUARY l, 1972. COUNCILMAN SMITH MO VED TO PASS RESOLUTION NO . 21, SERIES OF 19 79 . Councilman Weber seconded the motion . Upon a call of the roll , the vote resulted as follows: Ayes: Council Members Clayton, Mann, Willi am s, Weber, Smith, Ha rper, Taylor . • I • • - • • May 7 , 1979 Page 20 Nays : Non . • • • he Ha yor declared t he motion c r 1. d. * * * * * * City Attorney Berardini reported on the s tatus of the case Oliner vs . the City, invo lving the property upon whic the Police/Fi r e Center is located. Hr. Berardini stated the Colorado State Suprem Court has refused to accept the case; and the lower court decision stands . Therefore, the law suit is completed and the City may exercise its option to purchas e he land acco rding to the terms of the lease after 1995. Mr. Berardini s tated h e would prepare a broader report on t he case at a later date. * * * * * * City Man ager McCown presented a memorandum from the D"rector of Public Works to the City Manager concerning the speed limit on South Elati Street . Mr. McCown stated the results of the study conducted by the Traffic Engineer indicate that 25 mile s per hour in this area is an adequate sp eed . Hr. McCown stated the Traffic Engineer also points out that the Model Traffic Code stipulates that 25 miles per hour will be in the speed limit in business distric ts. Mr. McCown stat ed the cro s s walk intersec tion at Girard Street will be restr iped and Police Chief Holm s will ask for selective enforcement of the speed limi t in this area. Mr. 1cCo wn s tated staff does not recormnend that the speed limit be changed to 15 miles per hour. Council di scussed the problem of pedestrian cross walks in this area. Council requested the City Ma nager to report back on some of their suggestions. Cit y Manager McCown stated he would request that the s tudy be broadened and follow up with recommendations . RESOLUTION NO. 17 SERI ES OF 1979 * * * * * * A RESOLUTION SUPPORTING THE DE VE R REGION ELEHEN OF THE STATE IMPLEMENTATION PLAN THROUGH COMMIT~~ T TO IMPLEMENT SPECIFIC AIR PO LLUTION CONTROL MEASURES AND TO CONSIDER FOR IMPLEMENTATION THOSE ADDITIONAL MEAS URES RECOMMENDED A THE RESULT OF FURTHER EVALUATIONS TO BE CONDUCTED UNDE R THE CONTINUING AIR QUALITY PLANNING PROCESS . Director of Community Development Wanush appeared before Council and dis cussed the commitments by which passage of the resolution would obligate the City. Counc ilman Mann opposed the concept of the resolution on the basis that the a gency is no longer advising the City of Englewood but • I • • Ma y 7 , 19 79 Page 2l • • • dictating t o i t ; th e reb y, tak in g awa y l ocal a u thority of l o cal pro -blems. Co un cilman Harpe r stated t her e has to be a coord nating agency in the r e g ion if any t h in g i s go ing t o be don e about po llu t ion . COUNC ILMAN WEBER MOVE D TO PAS S RE SOLU TION NO. 17, SERI ES OF 1 9 79 . Coun cilman Harp er sec onded th e motion. Counc i lman Sm i t h e x pr e ssed concern on how the pl a n was going to be financed . Upon a call o f the roll, the vo t e resulted a s foll ows: Aye s : Nays: Co unci l Mem b er s Cl ayton, Wi lli ams, Weber , Harper, Taylo r . Counc il Members Smith , Mann . .The Ma y or declared the motion carried . Mr. Bill Howard, 1411 East Dartmouth Avenue , was granted pe r - miss ion to appear before Counc il . Hr. Howard stat e d Eng lewood ha s been designa ted as a re g ional a ctivity cen ter and any future ac q uiesc enc e to clean ai r p lans wil l h ave a d ire ct e ffect on th e Ci ty's economy . Mr . Howard s ug g ested that be fo r e the r e s t riction s get more spe c ific r elativ e t o clean air, negotiations be sta rted with DRCOG to ge t some kind of a balance between their comm i tment to RTD fa ci lities in th is a rea a g ainst their req uiremen ts for cl e an air. * * * * * * City Hanager McCown pres en t e d the six quar t er bu dg et f or Ap ril 1979 through Septemb e r 1980 and the recomme nda tions c on t a i n ed t h erein . RE SOLUTION NO. 22 SERIES OF 197 9 A RESOLUT IO N AMENDING THE PUBLIC HPROVEHENT FUr-iD, REVE NUE SHARI NG FUN D, AND GENERAL FUND BUD GETS FOR 1979. COUN CI LMAN MANN MOVED 0 PASS RE OLUT I ON NO. 2 2 , SERIES OF 1979. Councilman Smith s econd ed the motion . Upon a call of the rol l , the v o te r esulted as foll ows : Ay e s: Nays : Counc i l Hembers Clay ton, Hann, Wi lliams , Weber , Smith, Ha rp e r, Taylo r . Non e . I • • • May 7 , 1979 Page 22 • • • Th e May or declared th motion carried. * * * * * * COUN CILHAN CLAYTON MO VED TO AU HORIZE THE MAYOR TO SIG THE GRANT RECEIVED FRO M THE ST ATE HOUSING DIVISION IN THE AMOUNT OF $35,00 0 FOR.THE REHABILITAT I ON PROGRAM. Councilman Weber se conded the motion. Upon a call of the all, the vote resulted as follows . Ayes: Nays: Council Me bers Clayton, Mann, Williams, Weber , Sm ith, Harper, Tayl or . None . Th e Hay or declared the mo ti on carried . * * * * * * Ci ty Ma nager McCown state d the City has been notified by the Bureau of Outdoor Recreation of a ccept ance of a grant for $250 ,000 for the river redevelopmen t. Mr . McCown stat ed the grant is matching monies for 198 0 and the staff is s tudying the acoounting pro ce dures t o facilitate the grant. * * * * * * Mayor Taylor reminded Coun cil of numerous items which need to be discussed and disposed . Mayor Tay lo r pr o posed a day-l ong study session as soon a s possible . COUNCILMAN MANN MOVED TO INSTRUCT THE CITY AT TORNEY TO PREPA RE AN ORDINANCE ON THE REPAIR, REPL AC EMENT, LOWERING AND THAWING OF FROZEN WATER LINES IN THE CI TY'S PUBLIC RIGHT-OF-WAY . Councilman Smith seconded the mo tion . Co un cilman Weber stated he would like o disc u ss the matter at a study session to avoid making amendments to a final draft. Councilman Mann withdrew his motion . Councilman Smith wi th-drew his second to the motion . Council agr eed to d iscuss the frozen water ine matter in a study session . Council a greed to set aside May lOth at 6 :00 p.m . to discus s labor negoti ation in an executive study session. * * * * * * Mayor Taylor stated t he Englewood High School mar ching band has been invi ted to participate in the annual Rose Bowl parade. Mayor I • • • • May 7, 1979 Page 23 • • • Taylor asked Council to help these students find jobs because each student has to pay his or her own way. * * * * * * Councilman Clayton requested a bulletin of the list of times and dates for the meetings that have been set up during this meeting. * * * * * * There was no further business to be discussed. * * * * * * Mayor Taylor adjourned the meeting without a vote at 11 :45 p.m. I • • • REGULAR MEETING: • • • COUNCIL CHA11BERS CITY OF ENGLEWOOD, COLORADO May 7, 1979 /{L The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session at 7:30p.m. on May 7, 1979. The invocation was given by the Reverend Rosemary Morris , Englewood Mayflower Congregational Church, 3001 South Acoma Street. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members \-lilliams, We ber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Ha nager HcCown Assistant City Hanager Curnes City Attorney Berardini Director of Community Development Wanush Assistant Director of Community Develop- ment Reddy Director of Utilities Fonda Director of Finance/ex officio City Clerk James Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH HOVED TO APPROVE THE HINUTES OF THE REGULAR MEETING OF APRIL 16, 1979. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Hembers Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Hayor declared the motion carried. * * * * * * I • • May 7 , 1979 Page 2 •' • • • ... Mayor Taylor encouraged everyone to vote in the school board election, May 8, 1979. * * * * * * COUNCILMAN WILLIAMS MOVED TO APPROVE THE PROCLAMATION DECLAR- ING THE MONTH OF MAY, 1979, AS "YOUTH MONTH". Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. Deputy Clerk Watkins read the proclamation and Mayor Taylor presented it to the pre-scheduled visitor Mr. Harry Musser, 5065 South Huron Street, P.E.R. Englewood Elks. Mr. Musser thanked Council for this recognition. * * * * * * Pre-scheduled visitor, Mr. Leonard A. Billingham, 4363 South Grant Street, was present. Mr. Billingham requested approval of an encroachment into the City's right-of-way for a 34-inch split-rail fence which has been installed across the front of his property. Director of Community Development Wanush appeared before Council and stated there were no objections to Mr. Billingham's re- quest. Director Wanush stated Assistant Director of Community Develop- ment Romans has d iscussed with Mr . Billingham that by signing the agree- ment he is committed to removing the fence upon request from the City. COUNCILMAN CLAYTON MOVED TO BRING FORWARD AGENDA ITEM 6E "MEMORANDUM CONCERNING THE ENCROACHMENT REQUEST AT 4363 SOUTH GRANT STREET". Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Clayton, Mann, Wi lliams, Weber, Smith, Harper, Taylor. None . The Mayor declared the motion carried . COUNCILMAN CLAYTON HOVED TO APPROVE THE ENCROACHMENT REQUEST FOR MR. LEONARD BILLINGHAM, 4363 SOUTH GRANT STREET. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: I • - 0 • • May 7, 1979 Page 3 Ayes: Nays: • • • Council l1embers Clayton, Mann, Williams, Weber, Smith , Harper, Taylor . None. The Mayor declared the motion carried . * * * * * * ... Hr. Charles Roland, 424 West Oxford Avenue, appeared before Council on behalf of Mrs . Dorothy Roland. Mr. Roland requested Coun - cil's approval to install a 48-inch chain link fence along the front and to the side of their property which would encroach into the City's right-of-way on South Elati Street and West Oxford Avenue. Director Wanush appeared before Council and stated there were no objections to the request. Mr. Wanush stated it would be appro- priate to grant the encroachment if the fence is no higher than 42 inches required by ordinance for fences installed in front yards. COUNCILMAN CLAYTON MOVED TO BRING FORWARD AGENDA ITEM 6F "MEMORANDUM CONCERNING THE ENCROACHMENT REQUEST AT 424 WEST OXFORD AVENUE". Councilman Hann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Clayton , Mann, Williams, Weber, Smith, Harper, Taylor. None. The Hayor declared the motion carried . COUNCILMAN CLAYTON HOVED TO APPROVE THE ENCROACHMENT REQUEST FOR MRS . DOROTHY ROLAND, 424 WEST OXFORD AVENUE, WITH THE STIPULATION THAT THE FENCE NOT BE OVER FORTY-TWO (42) INCHES HIGH. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Hembers Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None . The Mayor declared the motion carried. * * * * * * Director of Utilities Fonda appeared before Council and dis- cussed the bids received for the Allen Water Treatment Plant additions and improvements, Dartmouth Avenue Pump Station and Bear Creek Pump Station modifications, and the elevated tank. Mr. Fonda stated he • I • - • • May 7 , 1979 Page 4 • • • had recommendations for all the projects except the e l evated tank and that re c ommendation would be forthcoming at the next regu lar Counci l meet ing. Mr. Fonda recommended that Council accept the following bids : Project Allen Treatment Plant Dartmouth & Bear Creek Pump Stations Water Transmission Mains TOTAL Contractor Olson Construction Co . Powder Horn Constructors Holsam Concrete Co. $ 4,708,496 .0 0 184.496 .00 2,498,146 .00 $ 7,391,395 .00 Mr. Fo nda stated the low b i dder for the Allen Treatment Plant was Petry -Vappi; however, they re~uested to be withdrawn claiming they had made a mathematical error. Mr . Fonda state d th e City Attorney h as advise d him that collection of t h e bid bonds from Petry-Vappi wo uld probably be unsuccessful ; therefore, that was why he was recom- mending the Olson Construction Co. Mr. Fonda added the bid from Holsam Concrete Co . included $10,975.00 fo r the poly ethylene encasement of t he p ipes. COUNCILMAN HARPER MOVED TO ACCEPT THE BIDS PRESENTED FOR THE ALL EN TREATMENT PLANT TO OLSON CONST RU CTION COMPANY OF $4,708,496 .00; FOR THE DARTMOUT H AND BEAR CREEK PUMP STATIONS TO POWDER HORN CON- STRU CTORS OF $184,496 .00; AND FOR THE WATER TRANSMISSION MAINS TO HOLS AM CONCRETE COMPANY OF $2,498 ,146 .00. Co uncilman Smith seconded t he mo tion . Up on a call of the roll, the vote resulted a s follows : Ayes: Nays : Counc i l Memb ers Clayton, Mann, Williams, Weber. Smith, Harper , Taylor. No ne . The Mayor declared the mot i on carried . * * * * * * Pre -s cheduled visitor, Mr. Lynn Ma ss a, 4795 South Broadway appe ared before Council. Mr. Massa di scussed his objections to the City moving Fire Station #3 to property adjacent to his property. Mr. Mass a stated from a community standpoint the relocation would be un - desi rable because the streets are too narrow percipitating traffic pro blems. Also, there were several schools in the area making it h azardous for school children . From a personal standpoint, Mr. Massa stated he felt it would force him out of business because the lot he uses for parking would be taken by the City. Mr. Massa stated if • I • • • • • • Ma y 7. 1979 Page 5 t h e City wo u ld c h a n g e the z oning o f certain p ropert y in t hat a rea t o c ommerci al then he probably would not be hur t. Mr. Massa stated there were several locations o Broadway t ha t we r e not meeting code ; namely, temporary buildings wi th no f o undations at: 3778 South Broadway 3940 South Broadway -two semi-trailers were paked out i n the back lot 3800 South Broadway Quincy and South Broadway 4480 South Broadway * * * * * * Pre-scheduled visitor, Mr . Elmer Schwab, 4795 South Inca Street, appeared before Council and discussed his concerns about re- location of Fire Station #3. Mr. Schwab objected to spending money to relocate the station and felt it should be spent helping those people who had frozen water pipes last winter. Mr. Schwab suggested delaying the move until the State Department of Highways widens Belleview at which time they would have to take the financial responsibility of relocating it. Mr. Schwab stated the proposed location is hazardous for the same reasons stated by Mr. Hassa. Mr . Schwab stated the pre- sent location serves it purpose and encouraged Council to study the matter further. * * * * * * Pre-scheduled visitor, Mrs . Laura Dreher, 1305 East How e ll , Seattle, Washington, appeared before Council . Mrs. Dreher stated s he receives her sole income from the property located at 4811 So uth Br oad - way and would be forced to sell it if the City relocates the f i re s tation a t the corner of Layton and Acoma Streets . Pr e-scheduled visitor, Mr. Step h en Dr eher , 5 4 We st La yton Av enue, and Mr. Michael Haran, appeared befor e Co unci l and pre s ented a r g uments on the proposed relocation o f Fire Sta t ion #3 . They pre- s ented a map illustrating curren t f ire station l o c ations and each s t at ion 's r esponse time. Mr. Dreher questioned why the relocation was necessary . City Mana g er McCown sta ted there were t o o many traffic p ro- blems on Belleview Avenue. The results of a study conducte d in 1973 b y Public Technology , Incorporated, identified this p art icular f i re s tation to be in the wr on g l o cation and recommended moving i t further to the north and east. Mr. McCown stated funds were first appropriated in 1973; however, the p roj ect has been giv en a low priority until this year. Mr. Dreher opposed the proposed site for t h e following rea- sons: 1) it would involve the taking of a residential home ; 2) the fire • I • • May 7, 1979 Pa ge 6 • • • t r uck wou ld g o by the fr on t of two s c hools; 3) time wo uld be lost t r a veling over the dips in the street on Cl ay t on ; 4 ) the traffic is too heavy fo r acc e s s onto So ut h Bro adw a y; 5) the street s are too narrow on Layt on and Acoma; and 6) parking wo uld probabl y b e ban ne d a t t he businesses of Massa Glass , the Tackle shop, neighb o r i n g a par tment buildi ngs and single-family residences in t he are a . Mr. Dr e her sug gested the following alternatives : 1) renovat e the vo lunteer f i re station at Quincy and Federal; 2) relocate at Tufts and Navajo where there are no residential homes, two lots are for sale , and close access to schools and major arterials. Mr. Dreher stated he hoped his agruments proved a need for further study on the proposed relocation of Fire Station #3. Pre-scheduled visitor, Mrs. Betty J. Wike, 4985 South Huron, appeared before Council. Mrs. Wike stated several people in her neigh- borhood want to keep the station at its present location. Mrs . Wike stated she was a member of the Dreher family, grew up in the area of the proposed site, and would be disappointed to see the City take i t . Mrs . Wike asked that the small merchants not be forgotten and some of them would be hurt if the parking was taken away. She felt the traffic problems would be just as bad on Broadway as they are now on Belleview. She appealed to Council not to take away the property owned by her sister-in-law, Mrs. Laura Dreher. Mrs. Wike asked the audience for a show of hands of those who were in support of Mrs. Dreher. Approxi-mately 40 people held up their hands. COUNCILMAN MANN MOVED TO BRING FORWARD AGENDA ITEM 7D "A RESOLUTION CONCERNING THE RELOCATION OF A FIRE STATION". Councilman Williams seconded the motion. Upon a call o f the roll, the vote re-sulted as follows : Ayes: Na y s : Council Memb e rs Cl ay ton, Mann, Wi lliams, Weber, Smith, Ha r p er , Tay lor . None. Th e Ma yor decl a red the mot ion carried . COUNCILMAN MANN MOVED TO POS TPONE THE RE SOL UT I ON FOR TWO COUNCIL MEETINGS UNTIL THE FIRST COUNCI L MEETING IN J UNE. Council - man Williams seconded the motion. Ayes : Counc i l Me mb ers Clayton, Mann , Williams , Harper , Taylor. Nays: Council Members Weber, Smith . The Mayor declared the motion carried . Councilman Smith stated postponement would not accomplish anything without additional i n formation, cit i zen input and planned I • • May 7, 1 979 Page 7 • • • presentations from staff . Councilman Smi t h s t a ted th r e ne eds t o be an open forum for citizen input . COUNCILMAN ~~N MOVED TO SET A P UBLIC HEARIN G FO ~~y 14, 1979, TO CONSIDER THE RELOCATION OF FIRE STATION #3, AT 8 :0 0 P .M . Motion died for lack of a second . COUNCILMAN SMITH MOVED TO SET A PUBLIC HEARING ON TUESDAY, MAY 22, 1979, AT 7 :00 P.M . TO DISCUSS THE MATTER. Councilman Mann seconded the mot ion. Counc ilman Smith withdrew his motion because the date con - flicted with a Planning and Zoning Commission hearing. Councilman Mann withdrew his second to the motion. COUNCILMAN WILLIAMS MOVED TO SET A STUDY SESSION FOR MAY 29 , 1979, AT 7:00 P.M. AT THE POLICE/FIRE CENTER TO DISCUSS THE ~~T TER . Councilman Ma nn seconded the motion . Councilman Clayton requested that Council pursue City Manager McCown's suggestion in that letters be written to all property owners in the areas of all the proposedsites notifying them of the study session and that full information be available to Council on each site. Councilman Har~er requested an impact statement on each one of the sites for Council s information. Upon a call of the roll, the vote re s ulted as follows : Ayes : Nays : Council Members Clayton, Mann, Williams, Weber, Smi'th, Harper, Ta y lor . None . The Mayor declared the motion carried . * * * * * * Pre -scheduled visitor, Mrs . Audrey Scott, 2926 South Galapago Street, appeared before Council and discussed the frozen water line pro - blem. Mrs. Scott stated she was representing a newly-formed organization called the MMI. Mrs. Scott stated the proposed resolution for partial reimbursement to citizens who had frozen water lines this winter is discriminatory and represented a special interest group because reim - bursement depends upon one's annual income and who can say who can for unthawing frozen water lines. Mrs. Scott stated the MMI favors full reimbursement for everyone. Mrs. Scott questioned the credibility of the Denver Regional Council of Governments from which certain information was taken to prepare the resolution. Mrs. Scott suggested the following courses of action concern- ing the problem: 1) defeat the resolution and redevelop a plan that would • I • • May 7, 19 79 Page 8 • • .. p rovide for complete and total reimbursement for all peop le; 2) de - cide wha t to do about futu r e freezes ; and 3) pa ss an ordinance wh ere - by the City assumes responsi bil ity fo r water mains in the City 's right-o f-way. Mrs . Scott stated the MMI recommends defeat of t he re- solution after which wi ll come repercussions to ge t the government back to the people. When asked by Councilman Smith for what did the initials MMI stand, Mrs. Scott refused to answer. * * * * * * Pre-scheduled visitor, Mr. Jack Patterson, 3587 South Ogden S treet , appeared before Council Mr. Patterson stated he was present because Council did not vote on his petition presented at their meet - ing of April 2, 1979, to remove Councilman Donald Weber from his seat in Council District #2. Mr. Patterson submitted another petition con-cerning hi s s ame prior request. * * * * * * Mayor Ta y lor asked if there were any other vi sitors in the audience wishing to speak at this time. Mrs. Patterson, appeared before Council and requested in fo r - mation on the Senior Surrey. Mayor Taylor stated he had received additional information and would get in contact with her the nex t day . Mr. George H. Allen, 2799 South Downing, appe ared before Council and discussed the challenge to remo ve Councilman Donald Weber from hi s district. Mr . Allen stated the issue has drawn much interest in his neighborhood from those citizens who were sati sfied with Mr. Weber's performance on the Counc il. Mr. Allen stated the se people are willing to offer full support to keep Mr. We ber on Council. Mr. Allen asked for a show of hands of those people who supported Mr. Weber. Approximately 40 people raised the ir hands. Mr. Russell Reeme, 220 West Layton Avenue, appeared before Council and questioned why does Council need 2/3 vote to pass the emergency reimbursement water line resolution when it is not required on other matters. Mayor Taylor sta ted the issue was on the a g enda and asked if Mr. Reem e had heard the discussion on this matter at the study ses sion . Mr. Reeme i nd i c ated that he had. Mr . Bob Brundage, 414 0 South Huron , appeared before Council and spoke in opposit i on to some is sues raised by some ci tizens who have spoken out against the Ci ty Council. Mr. Brundage asked that such I • • May 7, 1979 Page 9 • • • actions be brought to a halt in order that Coun cil c ould return to more important issues. He stat ed there were a l ot of positive - thinking citizens in Englewood and it is not their intent ion to let the harassment continue. 0 Mr. Doug Sovern, 4550 South Knox Court, Counci l and offered his full support to Council. the attacking of elected officials and stated the what qual ifications does the petitioner have that vestigate the Council . appeared before Mr. Sovern opposed citizens should ask allow; him to in - Mrs.Isabella Knight, 3021 South Lincoln, appeared before Council . Mrs. Knight stated she was one of the people who had written le tters in the newspapers . Mrs. Knight stated she wrote the letters not to talk about someone but to bring up issues about which she felt the public should be concerned. Mrs. Knight stated she did not want to cause dissention between the Council and the citizens but rather wanted them to work together . Mrs. Knight stated she had become ill from the smoke-filled room and wished that smoking would not be per-mitted at public meetings. Councilman Clayton spoke on the matter of serving as a coun- cilman and a personal incident involving his son. Mr. Clayton stated people must respect each other's right to disagree. Mrs. Beverly Howell, 3255 South Delaware , appeared befor e Council and asked for identification of an area de signa ted for low cost housing in the City of Englewood . Mrs. Howell referred to a re- cent article appearing in the Englewood Citizen concerning the matter . Director Wanush appeared before Council and explained what target area was being staged for rehabilitation loan eligibility. Mr . Wanu sh stated the article discusses more sub jects than just· the re-habilitation loan program. Mr. Truman Da v is, 2721 South Ogden, appear e d before Council. Mr. Davis stated he was proud of his councilman and would like to have Mr . Jack Patterson and whoever is behind him investigated. Mrs. Frances Howard, 645 East Yale Place , appeared befor e Council. Mrs . Howard stated the actions that have taken place in the last few weeks against certain council members would deter any qualifi ed person from running for election in November . Mayor Ta y lor expressed appreciation to the people who came to the mee ting. The Mayor also expressed the pride he felt i n being a p art of the City of Englewood. * * * * * * Mayor Taylor declared a reces s at 9 :30 p.m. The Council re- convened at 9:45 p .m. Mayor Taylor asked for ro ll call . Upon a call of the roll, the following were present: I • - • May 7, 1979 Page 10 • • • Council Members Williams, Weber, Smi th, Har p er, Clayton, Mann, Taylor. Absent : None. The Mayor declared a quorum present. * * * * * * COUNCILMAN MANN MOVED TO OPEN THE PUBLIC THE COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION. seconded the motion . Upon a call of the roll, the follows: HEARING TO CONSID ER Councilman Clayton vote resulted as Ayes: Council Members Clayton, Mann , Williams, Weber, Smith, Harper, Taylor . Nays: None. The Hayor declared the motion carried. Director of Community Development Wanush appeared before Council and presented the grant application. Mr. Wanush stated the application is for the United States Department of Housing and Urban Development for $226,000 to be used solely for housing rehabilitation in the City of Englewoo d . Mr. Wanush stated the $226,000 would be used to subsidize loans in the existing program and would allow the program to continue for another two years. Hr. Wanush explained the philosophy for focusing on one particular target area and which areas will be emphasized under the program. Mr. Wanush stated the Planning and Zoning Commission has approved the Housing Assistance Plan and the amended target areas are a part of the proposed comprehens ive plan soon to be transmitted to Council. Mayor Taylor asked Mrs. Howell if her previ ously-stated questions had been answered . Mrs. Howell stated that they had been . Mayor Taylor asked if anyone in the audience wished to speak in favor of the application . Np one responded. Mayor Taylor asked if anyone in the audience wi s hed to speak a6ainst the application . No one responded . COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Council- man Harper seconded the motion. Upon a call of the roll , the vote re-sulted as follows: I • - • May 7 , 1979 Page 11 Ayes : Nay s: • • • Council Memb ers Clayton, Mann , l,'i ll i ams , Weber , Smith, Harper, Taylor. None . The Mayor declared the motion carried. COUNC ILMAN SMITH MOVE D THAT THE CITY MANAGER BE ALLOWED TO SIGN THE COMMUNIT Y BLOCK GRANT APPLICATION. Counci lm an Clayton sec onded the motion . Upon a call of the roll , the vo te resulted as fol lows : Ayes : Nays : Council Membe rs Clayton, Mann, Wi lliams, Webe r, Smith , Harper, Taylor. None. The Hayor declared the motion carried . * * * * * * COUNCILMAN HARPER MOVED TO OPEN THE PUBLIC HEARING TO CON- SIDER THE REQUEST FOR A SPECIAL EVENTS PERMIT FOR BEER, WINE, AND LIQUOR FOR ALL SOULS CATHOLIC CHURCH ON JUNE 9 AND 10, 1 9 79. Coun- cilman Clayton seconded the motion. Upon a c a ll of the roll, the vote resulted as follows : Ayes: Nays : Coun cil Members Clayton, Mann, Williams, Weber , Smi th, Harper, Tayl or . None. The Mayor declared the motion carried. Mr. James Sprinkle, 500 East Grand, appeared before Council as a representative from All So uls Cathol ic Church. Mr . Sprinkle sub mitted the photograph of the notice for a publ ic hearing and re- quested that Council grant the special events permit. Mayor Taylor asked if a nyone in the audience wished to speak in objection to the special events permit. No one responded : COUNCILMAN HARPER MOVED TO CLOSE THE PUBLIC HEARING . Coun- cilman Clayton seconded the motion . Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Clayton, Mann, Wil liams, Weber, Smith, Harper, Taylor. None. The Mayor dec lared the motion carried . I • • • May 7, 1979 Page 12 • • • COUNCILMAN WILLIAMS HOVED TO GRANT THE SPECIAL EVE NTS PERMI T FOR BEER, WINE, AND LIQUOR FOR ALL SOULS CATHOLIC CHURC H ON JUNE 9 AND 10 , 1979. Councilman Hann seconded the motion. Upon a call of th roll, t he vote resulted as follows : Ayes : Nays : Council Hembers Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Hayor declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda were receive d : (a) (b) (c) (d) (e) (f) Minutes of the Housing Authority meetings of February 27 and Mar~h 22, 1979 . Minutes of the Board of Adjustment and Appeals meeting of March 14 , 1979. Minutes of the Board of Career Service Commis- sioners meeting of March 15, 1979. Hinutes of the Planning and Zoning Commission meeting of April 3, 1979. Minutes of the Animal Control Committee meeting of April 23, 1979. Memorandum from the Director of Public Works to the City Manager concerning snow and ice control. Councilman Mann asked for a tatus report on item (e). Mr. Thad Carson, 3990 South Jason, Chairman of the Animal Control Committee appeared before Counc il. Mr. Carson stated the Committee will vote next Monday night whether or not to accept a licensed veterinarian as a member. Hr . Carson stated there had been miscom- munication concerning the Committee's next meeting but the misunder -standing had been corrected. * * * * * * City Manager McCown presented the minutes of the Public Library Board meeting of April 10, 1979, with a recommendation that appropriate action be taken to fill the vacancy on the Library Board . City Manager McCown stated the vacancy expires February 1, 1980 . I • • - • May 7, 1979 Page 13 • • • COUNCILMAN CLAYTON MOVED TO ACCEPT THE RECOMMENDATION AND TO SCHEDULE DISCUSSION ON THE RECOMMENDAT ION AT THE NE XT REGULAR STUDY SESSION. Councilman Mann seconded the motion. Upo n a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor . None. The Mayor declared the motion carried. City Manager McCown stated the letters of application for the vacancy would be included in Council's next agenda packet. * * * * * * ... City Manager McCown presented the minutes of the Parks and Recreation Commission meeting of April 12, 1979 with two recom- mendations. The first recommendation concerns the land east of the Malley Senior Recreation Center. Mr. McCown stated the Commission recommends that the City purchase the property east of the Malley Center to be used for additional parking. Mr. McCown stated the property is the one about which the Englewood Centennial Bi-Centennial Foundation Administrative Committee appropached Council several month ago; and discussed their proposal to give Council certain monies to purchase the property if Council would match their funds. Mr. McCown stated both he and Mayor taylor were designated to negotiate terms with the Com- mittee and negotiations are still on-going. COUNCILMAN CLAYTON MOVED TO RECEIVE THE RECOMMENDATION FROM THE PARKS AND RECREATION COMMISS ION. Councilman Harper se conded the motion. City Manager McCown explained in detail the status of the negotiations between the Committee and the City on the matter. Mr. Mc Cown stated the Commit tee is pre s ently undergoing evaluation of its purpose and capabilities. Upon a call of the roll , the vote resulted as follows: Ayes : Nays : Council Members Clayton, Mann, Williams, We ber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. Mr. Doug Sovern, 4550 South Knox Court, appeared before Council and spoke on the Centennial-Bi-Centennial Foundation. Mr. Sovern stated he recalled that the City was to mat ch funds with the • I • - • May 7, 1979 Page 14 • • • Comm i ttee on a s p ecific ratio as outlined in the orig i nal agree- ment to make sure that any money contributed for a specific purpose was used for that purpose at least up to the original l iabi lity. Mr . Sovern doubted that the Foundation was doing that . Mr. McCown stated the second recommendation from the Par k s and Recreation Commission concerns the golf ball problem. Mr. McCown referred to the suit brought against the City by Mr. Byron Sutton for property damages. Mr. McCown stated the Commission has offered the following three alternatives to the problem : 1) c9nstruct a screen 30 feet high and 60 feet long adjacent to the tee box -the aesthetic result would be grotesque but the effectiveness good; 2) plant six tall p ine trees 20 -25 ' on the bank of the creek at $700 -$800 per tree -the aesthetic result would be good as well as the effectiveness; 3) stimulate growth of the existing trees for a cost of $500 over a three year period. Mayor Taylor discouraged Council to pay the claim of Mr . Sutton's on the basis of setting a precedent for future claims. Councilman Smith queried the City Attorney on the possibility of buying insurance coverage for this type of claim . City Attorney Berardini stated his office researched the pro- blem with other golf courses in Denver. Mr . Berardini reported that the federally-owned clubs will pay damages done to vehicles or resi- dences which lie in the fairway. Of the other clubs that were checked, all stated it was the responsibility of the individual golfer to pay for damages he or she may have caused. Mr. Berardini stated the Council may want to consider at a later time looking into possibilities of buying protection to cover such claims. COUNCILMAN HARPER MOVED TO PROCEED WITH THE PLANNED PROGRAM NOW IN EFFECT AT THE GOLF COURSE TO ELIMINATE THE PROBLEM OF GOLF BALLS THAT ARE HIT INTO THE TRA I LER COURT WHICH IS ALTERNATE #3. Coun- cilman Weber seconded the motion . Upon a call of the roll, the vote resulted a s follows : Aye s: Nays: Co uncil Members Clayton , Mann, Wi lliams , Weber, Smith, Harper, Taylor . None. The Mayor declared the motion carried. * * * * * * Director of Utilities Fonda appeared before Council and pre- sented the minutes of the Water and Sewer Boa rd meeting of April 23, 1979, and the recommendations to approve the contract with the Colorado Water Conservancy District Groundwater Management Subdistrict, to approve I • t • • • • May 7 , 1979 Page 15 Sup lement #66 Southg ate Sanitat i on District and to approve Supple- men t #67 Southgate Sanitation District contained there in. COLORADO DISTRICT motion. COUNCILMAN CLAYTON MOVED TO APPROVE THE AGREEME! WITH THE WATER CONSERVANCY DISTRICT GROUNDWATER MANAGEMENT SUB - FOR LEASE OF RAW WATER. Councilman Harper seconded t he Up on a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Clayton, Mann , Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried . COUNCILMAN CLAYTON MOVED TO APPROVE SUPPLEMENT #66 TO THE SOUTHGATE SANITATION DISTRICT. Councilman Harper seconded the motion . Upon a call o f the roll, the vote resulted as follows : Ayes : Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Hayor declared the motion carried. COUNCILMAN CLAYTON MOVED TO APPROVE SUPPLEMENT #67 TO THE SOUTHGATE SANITATION DISTRICT. Councilman Harper seconded the,motion . Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Counci l Members Clayton, Mann, Williams, Weber, Smith, Harper , Taylor . None. The Mayor declared the motion carried . * * * * * * City Mana ger McCown presented the re uest fo r a 3.2 beer license renewal -consumption off the premises -for the 7-ll Store , 2705 South Broadway. Mr. McCown stated the request h ad 'been tabled until this meeting because more information was needed to explain why the applicant had responded affirmatively t o the question, "Have you ever had your license suspended or revoked?" Mr . McCown s tated after investigation, it was discovered that there had been no violations of the liquor code by this particular store in the City of Englewood . The firm operates several stores throughout the south and southwestern par t of the United States, some of which have had their licenses re- voked. Mr. McCown stated the firm wanted to be completely honest in a~plying for a renewal license. • I • • t • May 7, 1979 Page 16 • • • COUNCILMAN WILLIAMS MOVED TO RENEW THE LICE NSE FOR 3. 2 BEER - CONSUMPTION OFF THE PREMISES -FOR THE 7-11 ST ORE, 270 5 SOUTH BROAD - way. Council man Weber seconde d the motion. Upon a ca l o f the roll, the vote resulted as follows : Ayes : Nays : Council Members Clayton, Man n, Will i ams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. ORDINANCE NO . 20 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 21 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE AMENDING SECTION 5 (f), CHAPTER l, TITLE X, of the '69 E .M.C., AUTHORIZING THE PARKS AND RECREATION COMMISSION TO APPOINT A SENIOR CITIZENS ADVISORY COMMITTEE AND THE COMMITTEE BE REVIEWED BY COUNCIL AT EVERY THREE-YEAR INTERVAL. City Attorney Berardini noted that the two paragraphs under 10-l-5: POWERS AND DUTIES be reversed and that the paragraph appearing in capital letters be made subsection (f) and the para- graph appearing in l ower case be made subs ec tion (g). COUNCILMAN HARPER MOVED TO PA SS COUNCIL BILL NO . 21 ON FINAL READING. Councilman Weber seconded the motion. Councilman Clayton stated he was in agr eement with the basic intent of the bill; however, he thought it was not a good idea to have independent boards and agen cies of the City appointing other boards and agencies . Mr . Clayton stated he though appoint- ments should require Council approval. Upon a ca l l of the roll, the vote resul ted a s follows: Ayes: Nays : Council Members Mann, Williams, Weber, Smith, Harper, Taylor . Council Member Clayton. The Mayor declared the mo~ion ~arried. * * * * * * • I • • - • • Ma y ·7 , 1979 Page 17 ORDINANCE NO. 2 1 SERIES OF 1979 • • • BY AUTHOR I TY COUNCIL BILL NO . 24 INTRODUCED BY COUNCILMEN MANN/S MIT H AN ORDINANCE VACATING PART OF A STREET BETWEEN BLOCKS 4 AND 5, ENGLEWOOD HEIGHTS SUBDIVISION, CITY OF ENGLEWOOD , COUNT Y OF ARAPAHOE, COLORADO. City Attorney Berardini asked the private party i nvolved i n this transaction, Mr . William F. Davis, if he would be willing to grant to the City an easement for the purposes of maintaining the City Ditch with the provision that if the ditch should be pipe d then the easement would be returned to him . Mr . William F. Davis was in attendance and stated that he and his wife a greed to the condition as stated by the City At torney. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 24 ON FINAL READING WITH THE ADDITION OF THE EASE~lliNT TO BE SUPPLIED BY THE CITY ATTORNEY . Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Co uncil Members Clayton , Mann, Williams, Weber , Smith, Harper , Taylor . None . The Mayor declared the motion carried. * * * * * * ORDINANCE NO. SERIES OF 1979-- BY AUTHORITY A BILL FOR COUNCIL BIL L NO. 25 INTRODUCED BY COUNCILMAN WILLI AMS AN ORDINANCE APPROVING AGRE EMENT BETWEEN THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS, AND THE CITY OF ENGLEWOOD, COLORADO , KNOWN AS THE "CITY DITCH AGREEMENT", WITH CER -TAIN AMENDMENTS . COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 25 ON FIRST READING. Councilman Weber seconded the motion. Councilman Smith stated he opposed the bill because he and several other citizens were under the imp ression that it was going to • I • - (. • • May 7, 1979 Page 18 • • • be closed in the next thre e to five y ears ; t hus g~v ~ng pro pe rty own e rs additional use of their property . The term of the agre e ment is for twenty years; consequen tly, the ditch may never be closed . Councilman Clayton opposed the bill because the term of the agreement is too long. Upon a call o f the roll, the vote resulted as follows : Ayes : Nays: Council Members Mann, Williams, Weber, Harper, Taylor. Council Members Clayton, Smith. The Mayor declared the motion carried. RESOLUTION NO. 18 SERIES OF 1979 * * * * * * A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FEE SIMPLE INTEREST AND EASEMENT IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD, COLORA DO, TO PROVIDE A SITE FOR CONSTRUCTION OF A WATER STORAGE STRUCUT RE . COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 18, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll,the vote resulted as follows : Ayes : Nays : Council Members Clayton, Man n, Williams, Weber , Smith, Harper, Taylor . None. The Mayor declared the mo tion carried. RESOLUTION NO. 19 SERIES OF 1979 * * * * * * A RESOLUTION APPROVING THE APPLICATION OF PAUL H. DAGHLIAN AND SHAKE' T . DAGHLIAN, DOING BUSINESS AS PAUL'S RESTAURANT & PIZZERIA, FOR A HOTEL AND RESTAURANT LICENSE TO BE LOCA TED AT 3542 SOUTH FOX, ENGLEWOOD , COLORADO. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 19, SERIES OF 1979. Councilman Williams seconded the motion. Upon a call of the roll, the vote resuLted as follows: • I • • - • ( • May 7, 1979 Page 19 Ayes: Nays : • • • Council Members Clayton, Mann, Wi lliams, Weber, Smith, Harper, Taylor . None . The Mayor declared the motion carried. RESOLUTION NO. 20 SERIES OF 1979 * * * * * * A RESOLUTION APPROPRIATING $50,000 FROM THE WATER FUND TO THE ADMINISTRATIVE AND GENERAL ACCOUNT TO PROVIDE AN EMERGENCY FUND TO AS S IST IN DEFRAYING THE COST OF THAWING WATER SERVICE LINES AND TO ESTABLISH QUALIFICATION FOR COMPENSATION THEREFOR. City Attorney Berardini noted in the fourt h paragraph "92" should be changed to "93". COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 20, SERtES OF 1979. Councilman Smith seconded the motion. Councilman Clayton noted that the resolution contains no upper limit on all claims. Upon a call o f the roll, the vote res ulted as follows : Ayes: Nays : Council l1embers Clayton, Mann, Willi a ms, Weber, Smith, Harper, Taylor. No ne . The Mayor declared the motion carried. RESOLUTION NO . 21 SERIES OF 1979 * * * * * * A RESOLUTION AUTHORIZING MACLEE RADIO, INC. AND WESTERN BROADCAS T- ING CORPORATION A THREE MONTH EXTENSION OF THE LEASE OF JANUARY 1, 1972. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO . 21, SERIES OF 1979 . Coun cilman Weber seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Council Hembers Clayton, Mann, Williams, We ber, Smith, Harper, Taylor . • I • ( ( • May 7, 197 9 Page 20 Na y s : Non . • • • The Hayor declared the mo tion c a r r ie d . * * * * * * City Attorney Berardini reported on the status of the case Oliner vs. the Ci ty, inv olving the property upon which the Po lice/Fire Center is located . Mr. Berard:ini st ated the Colorado State Supreme Court has refused to accept the case; and the lower court de cision stands . There f ore, the law suit i s completed and the City may exercise its o ption to purchase the land acco rding to the term s of the lease after 1995. Mr. Berardini s tated h e wo uld p r epare a broad e r report on the case a t a later date . * * * * * * City Manager McCown pres e nt ed a memorandum f rom the Director of Public Works to the City Ma na ger concerning the sp eed limit on South Elati Street . Mr. McCown stated the results of the study conducted by the Tra f fic Engineer indicate that 25 miles per hour in this area is an adequate speed . Mr. McCown stated the Traffic Engineer als o points out that the Model Traffic Code stipulate s that 25 miles per hour will be in the spee d limit in business distric ts. Mr . McCown stated the cross walk intersec tion at Girard Street will be restri ped and Police Chief Holmes will ask fo r selective enforcement of the speed limit in this area. Mr. HcCown s tated staff does n ot reco=end that the speed limit be changed to 15 miles per hour . Council discussed the problem of pede strian cross walks in this area. Council requested the City Mana ge r to re port ba ck o n som of their s ug gest ions . City Manager McCown st a t ed h e would request that the study be broadened and follow up with r ec onm1endations . RESOLUTION NO. 17 SERI ES OF 1979 * * * * * * A RESOLUTIO SUPPORTING THE DE VER REGION ELEMEN T OF THE ST ATE IMPLEMENTATI ON PLAN THROUGH COMMITMENT TO IMPLEMEN T SP EC I FIC AIR PO LLUTION CONTRO L MEASURES AND TO CONSIDER FOR IMPLE MEN TAT ION THOSE ADDI TIONAL MEASURE S RECOMMENDED AS THE RESULT OF FURTHER EVALUATIONS TO BE CONDUCTED UNDE R THE CO NTINUING AIR QUALITY PLANNING PROC ESS . Director of Conm1unity Development ~-l anus h appeare d before Co unc il and discuss ed the conm1itments b y which passage of the res olution wou ld obligate t he City. Councilman Mann o pposed the concept of the resolution on the basis that the agen cy is no longer advising the City of Englewood but • I • ( • May 7 , 1979 Page 21 • • .. dictating to i t; thereby, taking away l ocal aut ho ity o f loca l pro-blems . Councilman Harper stated there h as t o b e a co o rd~nati n g ag ency in the region if anything is go ing to be done about poll t i on COUNCILMAN WEBER MOVED TO PAS S RESOLUTION NO. 17, SERIES OF 1979. Councilman Harper seconded the motion. Councilman Smith expressed concern on how the plan was go g t o be fin anced . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Williams, Weber, Harper, Taylor. Council Members Smith, Ma nn . .The Mayor declared the motion carried. Mr. Bill Howard, 1411 East Dartmouth Avenue, was granted per - mission to appear before Council . Mr. Ho ward stated Englewood has been designated as a regional activity center and any future acquiescence to clean air plans will h ave a direct effect on the City's economy. Mr. Howard suggested that before the restrictions get mor e specific relative to clean air, negotiations be started with DRCOG to get some kin d of a balance between their commitment to RTD facilities in this are a against their requirements for cl ean air. * * * * * * City Manager McCown presented the six quarter budget for April 1979 through Septemb er 1980 and the recommendations contained therein. RESOLUTION NO . 22 SERIES OF 1979 A RESOLUTION AMENDING TH PUBL IC ~~ROVEMEN T FU ND, RE VEN UE SHARIN G FUND, AND GEN ERAL FUND BUDGETS FOR 1 979. COUNCILMAN MANN MOVED TO PASS RESOLUTION 0 . 2 2 , SERIES OF 1979. Councilman Smith sec onded the motion. Upon a call o f the roll , the vote resulted as foll ows : Ayes: Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. • I • - c • ( • May 7 , 19 79 Page 22 • • - The Ha yo r decla r ed the motion ca r r i e d . * * * * * * COUNCIL11AN CLAYTON MO VE D TO AU HORIZE THE HAYOR TO SIGN THE GRANT RECEIVED FROH THE STATE HOUSING DIVISION IN THE AMOUNT OF $35 ,000 FOR .THE REHABILIT ATION PROGRAM. Counci lman Weber seconded the motion. Upon a call of th e roll, the vote resulted as follow s : Ayes : Nays : Council Memb ers Clayton, Mann, Williams , Weber, Sm ith, Har per, Taylor . None. Th e Haye r declared the motion carried. * * * * * * City Ha nag e r HcCown stated the City has been notified by the Bureau of Outdoor Recreation of a cc eptance of a grant for $250 ,000 for the river redevel o pmen t. Mr. HcCown stated the gran t i s matching monies for 1980 and the staff is studying the accountin g p rocedures to facilitate the grant. * * * * * * Hayor Taylor reminded Council of numerous items which need to be discussed and dispo s ed. Mayor Taylor propose d a day-long study session as soon a s possible. COUNCILMAN MANN MOVED TO INSTRUCT THE CITY AT TORNEY TO PREPARE AN ORD IN ANCE ON THE REPA IR, REPLACE lENT, LOWERING AND THAWING OF FROZEN WATER LINES IN THE CITY'S PUBLIC RIGHT-OF-WAY. Councilman Smith seconded the motion. Councilman Weber stated he would like to discuss the matter at a study session to avoid making amendments to a final draft. Councilman Mann withdrew his motion . Councilman Smith wi th-drew his second to the motion . Council agreed to discuss the froz e n water line matter in a s tudy session. Council agreed to set aside Hay lOth at 6:00 p.m . to discuss labor negotiations in an executive study session. * * * * * * May or Taylor stated t he Englewood High School marching band has been i nvi ted to participate in the annual Rase Bowl parade. Mayor • I • c • May 7, 1979 Page 23 .. • • • Taylor asked Council to help these students find jobs because each student has to pay his or her own way. * * * * * * Councilman Clayton requested a bulletin of the list of t i mes and dates for the meetings that have been set up during this meeting. * * * * * * There was no further business to be discussed. * * * * * * Mayor Taylor adjourned the meeting without a vote at 11 :45 p.m . I • I . ( • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO May 7, 1979 ICL The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session at 7:30p.m . on May 7, 1979 . The invocation was g iven by the Reverend Rosemary Morris, En g lewood Mayflower Congregational Church, 300 1 South Acoma Street. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Community Development Wanush Assistant Director of Community Develop- ment Reddy Director of Utilities Fonda Director of Finance/ex officio City Clerk James Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 16, 1979. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * • I • • c ( • May 7, 197 9 Pag e 2 • • • Mayor Taylor encouraged everyone to vote in the school board election , May 8, 1979. * * * * * * COUNCILMAN WILLIAMS MOVED TO APPROVE THE PROCLAMATION DE CLAR- ING THE MONTH OF MAY, 1979, AS "YOUTH MONTH". Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Council Members Clayton, Mann, Williams , Weber, Smith, Harper, Taylor . None. The Mayo r decl ared the motion carried . Deputy Clerk Watkins read the proclamation and Mayor Taylor pre sented it to the pre-scheduled visitor Mr. Harry Musser, 5065 South Huron Street, P.E.R. Englewood Elks . Mr. Musser thanked Council for this recognition. * * * * * * Pre-scheduled visitor, Mr. Leonard A. Billingham, 4363 South Grant Street, was present . Mr. Billingham requested approval of an encroachment into the City's right-of-way for a 34-inch split-rail fence which has been installed across the front of his property. Director of Communit y De velopment Wanush appeared before Council and stated there were no objections to Mr. Billingham's re- quest. Director Wanush stated Assistant Director of Community Develop- me nt Romans has discussed with Mr. Billingham that by signing the agree- ment he is committed to removing the fence upon request from the City . COUNCILMAN CLAYTON MOVED TO BRING FORWARD AGENDA ITEM 6E "MEMORANDUM CONCERNING THE ENCROACHMENT REQUEST AT 4363 SOUTH GRAN T STREET ". Councilman Mann seconde d the mo t i on. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Clayton, Ma nn , Williams, Weber, Smith, Harper, Taylor. None . The Mayor declared the motion carried. COUNCILMAN CLAYTON l-!OVED TO APPROVE THE ENCROACHME NT REQUEST FOR MR. LEONARD BILLINGHAM , 4363 SOUTH GRANT STREET. Counc ilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • - 0 • ( • May 7, 1979 Page 3 Ayes : Nays: • • • Council Hembers Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * Hr. Charles Roland, 424 West Oxford Avenue, appeared befor e Council on behalf of Mrs. Dorothy Roland. Mr. Roland requested Coun- cil's approval to install a 48-inch chain link fence along the front and to the side of their property which would encroach into the City's right-of-way on South Elati Street and West Oxford Avenue. Director Wanush appeared before Council and stated there were no objections to the request. Mr. Wanush stated it would be appro- priate to grant the encroachment if the fence is no higher than 42 inches required by ordinance for fences installed in front yards. COUNCILMAN CLAYTON MOVED TO BRING FORWARD AGENDA ITEM 6F "MEMORANDUM CONCERNING THE ENCROACHMENT REQUEST AT 424 WEST OXFORD AVENUE". Councilman Hann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. COUNCILMAN CLAYTON MOVED TO APPROVE THE ENCROACHMENT REQUEST FOR MRS. DOROTHY ROLAND, 424 WEST OXFORD AVENUE, WITH THE STIPULATION THAT THE FENCE NOT BE OVER FORTY-TWO (42) INCHES HIGH. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Mem bers Clayton, Mann, Williams, We ber, Smith, Harper, Taylor. None . The Mayor declared the motion carried. * * * * * * Director of Utilities Fonda appeared before Council and dis- cussed the bids received for the Allen Water Treatment Plant additions and improvements, Dartmouth Avenue Pump Station and Bear Creek Pump Station modifications, and the elevated tank . Mr. Fonda stated he • I • ( • May 7, 1979 Page 4 • • • had recomme ndations for all the projects except the elevated tank and that recommendation would be forthcoming at the next re gu lar Counc il meetin g . Mr. Fonda recommended that Council accept the following bids : Project Allen Treatment Plant Dartmouth & Bear Creek Pump Stations Water Transmission Mains TOTAL Contractor Olson Construction Co. Powder Horn Constructors Holsam Concrete Co. Bid $ 4,708,496.00 184,496.00 2,498,146.00 $ 7,391,395.00 Mr. Fonda stated the low bidder for the Allen Treatment Plant was Petry-Vappi; however, they re~uested to be withdrawn claiming they had made a mathematical error. Mr. Fonda stated th e City Attorney has advised him that collection of the bid bonds from Petry-Vappi wo uld probably be unsuccessful ; therefore, that was why he was recom- mending the Olson Construction Co. Mr. Fonda added the bid from Holsam Concrete Co. included $10,975.00 for the polyethylene encasement of the pipes. COUNCILMAN HARPER MOVED TO ACCEPT THE BIDS PRESENTED FOR THE ALLEN TREATMENT PLANT TO OLSON CONSTRUCTION COMPANY OF $4,708,496.00 ; FOR THE DARTMOUTH AND BEAR CREEK PUMP STATIONS TO POWDER HORN CON- STRUCT ORS OF $184,496 .00; AND FOR THE WATER TRANSMISSION MAINS TO HOLSAM CONCRETE COMPANY OF $2,498,146.00. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Har per, Taylor. None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor, Mr. Lynn Massa, 4795 South Broadway appe ared before Council. Hr. Massa discussed his objections to the Ci ty mov ing Fire Station #3 to property adjacent to his property. Mr. Mass a stated from a community standpoint the relocation would be un - desi rable because the streets are too narrow percipitating traffic prob lems. Also, there were several schools in the area making it hazardous for school children. From a personal standpoint, Mr. Massa stated he felt it would force him out of business because the lot he uses for parkin g would be taken by the City . Mr. Massa stated if • I • c. ( • May 7, 1979 Page 5 • • • the City would change th e zoning of certain p ro perty in that area to commerc ial the n he prob ably would not be hurt. Mr. Massa stated there we r e several locations on Broadway that were not meetin g code; namely, tempor ary buildings with no foun dations at: 3778 So uth Br oadwa y 3940 South Broadway -two semi-trailers were paked out in the back lot 3800 South Broadway Quincy and South Broadway 4480 South Broadway * * * * * * Pre -scheduled visitor, Mr. Elmer Schwab , 4795 South Inca Street, appeared before Counci l and discussed his conce rns about re - location of Fi r e Station #3 . Mr. Schwab objected to spendin g mo n ey to relocate the station and felt it should be spent he lping those people who had f rozen water pipes last winter. Mr. Schwab suggested delaying the mo ve until the State Department of Hig hways wi dens Belleview at which time they would have to take the financial respons ibi lity of relocating it. Mr . Schwab stated the proposed location is haz ardous for the same reasons stated b y Mr. Hassa. Mr. Schwab stated the pr e- sent locat ion se rves it purpose and encouraged Coun ci l to study the ma tter further. * * * * * * Pre-scheduled visitor, Mrs . Laura Dreher, 13 05 E as t Howell, Seattle, Washington, appeared before Council. Mrs. Dreher stated she receives he r sole income from the p r operty l oca ted at 4811 South Broad - way and would be forced to sell it if the City rel ocates the fire station at the corner of Layton and Acoma Streets . Pre-scheduled visitor, Mr. Stephen Dreher, 54 West Layton Avenue, and Hr. Michael Haran, appeared before Co uncil and presented a rguments on the proposed relocation of Fire Station #3. They pre- sented a map illustra tin£ current fire station locations and each station's respons e time. Mr. Dreher questioned why the relocation was necessary. City Manager McCown stated there were too many traffic pro - blems on Belleview Avenue. The results of a study conducted in 1973 by Public Technolo g y, Incorporated, identified this particular fire sta tion to be in the wrong location and r ecommende d moving it further to the north and east. Mr. McCown stated fun ds were first appropriated in 19 73 ; however, the project has been given a low priority until this y ear. Mr. Dreher opposed the proposed site for the following rea- sons: 1) it would involve the taking of a residential home ; 2) the fire • I • ( • Ma y 7, 1979 Pa g e 6 • • • t ruc k would g o b y the front of two schools; 3) time wo uld be l os t t r a vel i n g over the dips in the street on Cl a yton ; 4) t he t r affic is too h e a v y for access onto South Broadway; 5) the street s a r e too narrow on Layton and Acoma; and 6) parking would probabl y b e b anned a t the businesses of Massa Glass, the Tackle shop, neig hb o r i n g apartment buildings and single-family residences in t he a r ea. Mr. Dreher suggested the following alternatives: l) renovate the vo l unt e er fi r e station at Quincy and Federal; 2) relocate at Tufts and Nava jo whe re there are no residential homes, two lots are for sale, and clo s e access to schools and major arterials. Mr. Dreher stated he hoped his agruments proved a need for further study on the proposed relocation of Fire Station #3. Pre-scheduled visitor, Mrs. Betty J. Wike, 4985 Sout h Huron, a p peared before Council. Mrs . Wike stated several people in her neig h- borhood want to keep the station at its present location. Mrs. Wike stated she was a member of the Dreher family, grew up in th e area of the propo se d site, and would be di s appointed to see the Cit y tak e i t . Mrs. Wike asked that the small merchants not be forgotten and some of them would be hurt if the parking was taken away . She felt the traffic p roblems would be just as bad on Broadway as they are now on Belleview. She appealed to Council not to take away the property owned by her s i ster-in-law, Hrs. Laura Dreher. Mrs . Wike asked the audience for a show of hands of those who were in support of Hrs. Dreher. Approxi- mately 40 people held up their hands. COUNCILMAN MANN MOVED TO BRING FORWARD AGENDA ITEM 7D "A RE SOLUTION CONCERNING THE RELOCATIO N OF A FIRE STATION". Councilman Wil liams seconded the motion . Upon a call of the roll, the vote re- sulted as follows: Ayes: Na y s : Counc i l Me mbe rs Clay ton, Mann, Williams, Weber, Sm ith, Ha r p er , Taylor. None. The Ha y or decl a r e d t he motion carried. COUNCILMAN MANN MOVED TO POSTPO NE THE RESO LUT I ON FOR TWO COUN CIL MEETINGS UNTIL THE FIRST COUNCIL MEETING IN JUNE . Counc il - man Williams seconded the motion. Ayes : Council Members Clayton, Mann, William s, Harper, Tay lor . Nays: Council Members Weber, Smith . The Mayor declared the motion carried. Councilman Smith stated postponement would not accompl ish any thing without additional information, citizen input and pl ann e d • I • • ( ( • May 7, 1979 Page 7 • • • presen tations from staff . Councilman Smith stated there needs to be an open forum for citizen input. COUNCILMAN MANN MOVED TO SET A PUBLIC HEARING FOR ~~y 14, 1979, TO CONSIDER THE RELOCATION OF FIRE STATION #3, AT 8 :00 P .M. Mo t ion died for lack of a second. COUNCILMAN SMITH MOVED TO SET A PUBLIC HEARING ON TUESDAY, MAY 22, 1979, AT 7 :00 P.M . TO DISCUSS THE MATTER. Councilman Mann seconded the motion. Councilman Smith withdrew his motion because the date con- flicted with a Planning and Zoning Commission hearing . Councilman Mann withdrew his second to the motion. COUNCILMAN WILLIAMS ~DVED TO SET A STUDY SESSION FOR MAY 29, 1979, AT 7:00 P.M. AT THE POLICE/FIRE CENTER TO DISCUSS THE ~~TTER . Councilman Mann seconded the motion. Councilman Clayton requested that Council pursue City Manager McCo wn's suggestion in that letters be written to all property owners in the areas of all the proposedsites notifying them of the study session and that full information be available to Council on each site. Councilman Harrer requested an impact statement on each one of the sites for Council s information . Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor, Mrs. Audrey Scott, 2926 South Galapago Street, appeared before Council and discussed the frozen water line pro- blem. Mrs. Scott stated she was representing a newly-formed organization called the MMI. Mrs. Scott stated the pro p osed resolu tion for partial reimbursement to citizens who had frozen water lines this winter is disc riminatory and represented a special interest group because reim- burs ement depends upon one's annua l income and who can say who can for untha win g frozen water lines. Mrs. Scott stated the MMI favors full reimbursement for everyone. Mrs. Scott questioned the credibility of the Denver Regional Council of Governments from which certain information was taken to prepare the resolution . Mrs. Scott suggested the following courses of action concern- ing the problem: 1) defeat the resolution and redevelop a plan that would • I • - c • • • • May 7, 1979 Page 8 p rovide for complete and total reimbursement for al l peopl e ; 2) de- ci de what to do about future freezes; and 3 ) pass an ord inance where- by the City assumes respons ibility for water mains in th e City 's right-of-way. Mrs . Scott stated the MMI recommends defeat of the re- solu tion after which will come re pe rcussions to g et the government back to the people. When asked b y Councilman Smith fo r what did the init ials MMI stand, Mrs . Scott re fus ed to answer. * * * * * * P re-scheduled visitor, Mr. Jack Patterson, 3587 S outh Ogden S treet, appeared before Council Mr. Patterson stated he was p r esent b ecause Council did not vote on his petition presented a t the i r mee t- ing of April 2, 1979, to remove Councilman Donald Weber from his seat in Council Dist rict #2. Mr . Patterson submit ted another petition con- cerning hi s s am e prior re q ue s t. * * * * * * Mayor Tay lor asked if there were any other visitor s i n the audience wishing to speak at this time. Mrs. Patterson, appeared before Co uncil and re ques ted infor- mation on the Senior Surrey. Mayor Taylor stated he had rece ive d addition al information and would g et in contact with her the next day. Mr. Geor g e H. Allen, 2799 South Down i ng, appear e d be fore Council and discussed the challenge to remove Counc ilman Donald We ber from his district . Mr. Allen stated the issue h a s drawn much int e rest in hi s neig hborhood from those citizens who were satisfied with Mr. Webe r's performance on the Council . Mr. Allen stated these peop le are wil ling to offer full support to keep Mr. Webe r on Council. Mr. Allen asked for a show of hands of those people who supported Mr. Weber. Approximat ely 40 people raised their hands. Mr. Russell Reeme, 220 West L ayton Avenue , appeared before Council and questioned why does Council need 2/3 vote to pass the emergency reimbursement wa ter line resolution when it is not required on other ma tters . Mayor Taylor stated the issue was on the agenda and asked if Mr . Reeme h ad he ard the discussion on this matter at the study ses sion. Mr. Reeme indica ted that he had. Mr . Bob Brundage, 4140 South Huron, appeared before Council and spoke i n oppo sition to some issues raised by some citizens who have spoken out again st the City Council. Mr . Brundage asked that such • I • ( c • May 7, 1979 Page 9 • • • a ct ions be brought to a halt in order that Council could return to more important issues. He stated there were a lot of positive- thinking citizens in Englewood and it is not their int ntion to let the harassment c o nt inue. Mr. Do u g Sovern, 4550 South Knox Court, Council and offered his full support to Counci . the a ttac kin g of e le c te d officials and stat d the wha t q ualificatio ns does the petitione r hav that ves t igate the Council. app ared before Mr. Sove rn opposed citizens should ask alloW> him to in- Mrs.Isabella Knight, 3021 South Lincoln, appeared before Council. Mrs. Kni g ht stated she was one of the people who had wri t ten letters in the news p apers . Mrs . Kni gh t sta te d she wro t e the letters not to talk about someone but to bring up issues about which she felt the p ublic should be concerned . Mrs. Knigh t stated she did not want to cause dissention between the Council and the citizens but rathe r wanted them to work tog ether . Mrs. Kni ght stated she had become ill f rom the smoke-filled room and wishe d t h at smo king would n ot be per-mi tted at public meetings . Councilman Clayton spoke on the matter of serving as a c oun- cilman and a personal incident involving his son. Mr. Clayton stated peop le must respect each other's right to disa gree. Mrs. Beverly Howell , 3255 South Delaware, appeared before Council and asked for identification of an area desi g nated for low cost housing in the City of En glewood. Mrs. Howell referred to a r e- cent article appearing in the Englewood Citizen concerning the matter. Director Wanush appeared before Council and explained what tareet area was being staged for rehabilitation loan elig ibility. Mr. Wanush stated the article discusses more subjects than just the re-habilitation loan program. Mr. Truman Da vis, 2721 South Ogden, appeared before Council. Mr. Davis stated he was proud of his councilman and would l ike to have Mr . Jack Patterson and whoever is behind him investigated. Mrs . France s Howard, 645 East Yale Place, appeared befor e Counci l . Mrs. Howard stated th e actions that have taken place in the last f ew weeks against certain council members would deter any qualifi ed person from runnin g for election in November . Mayor Tay lor expressed appreciation to the people who carne to the meeting . The Mayor also expressed the pride he fel t in being a par t of the City of Englewood. * * * * * * Mayor Taylor declared a r e c ess at 9 :30 p.m. The Council re- con vene d at 9 :45 p.m. Mayor Tay lor aske d for ro l l call . Upon a call of t he roll, t he following were p resent: • I • ( • May 7, 1979 Page 10 • • • Council Members Williams, Weber, Smith, Harper, Clayt on, Mann, Taylor . Absent: None. The Hayor declared a quorum present. * * * * * * COUNCILMAN MANN MOVED TO OPEN THE PUBLIC THE COMHUNITY DEVELOPMENT BLOCK GRANT APPLICATION. seconded the motion. Upon a call of the roll, the follows : HEARING TO CONSIDE R Councilman Clayton vote resulted as Ayes: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor . Nays: None. The Hayor declared the motion carried. Director of Community Development Wan u sh appeared before Council and presented the grant application. Mr . ~lanush stated the application is for the United States Department of Housing and Urban Develo pme nt for $226,000 to be used solely for housing rehabilitation in the City of Englewood. Mr. Wanush stated the $226,000 would be used to subsidize loans in the existing program and would allow the program to continue for another two years. Mr . Wanush explained the philosophy for focusing on one particular targe t area and which areas will be emphasized under the program. ~1r. Wanush stated the Planning and Zonin g Cormnission has approved the Housing Assistance Plan and the amended target areas are a part of the proposed comprehensive plan soon to be transmitted to Council. Mayor Taylor asked Mrs. Howell .if her previously-stated questions had been answered . Mrs. Howell stated that they had been. Hayor Taylor asked if anyone in the audience wished to speak in favor of the application . No one responded. Mayor Taylor asked if anyone in the audience wished to speak against the application. No one responded . COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Council- man Harper seconded the motion. Upon a call of the roll, the vote re-s ulted as follows: • I • • ( c • May 7, 1979 Page 11 Ayes : Nays : • • • Council Members Clay ton, Mann, \-li lliams, We ber, Smith, Harper , Taylor. None. The Ma yo r declared the motion carried. COUNCILMAN SMITH MOVED THAT THE CITY MANAGER BE ALLOWED TO SIGN THE COMMUNITY BLOCK GRANT APPLICATION. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Hayor declared the motion carried. * * * * * * COUNCILMAN HARPER MOVED TO OPEN THE PUBLIC HEARI NG TO CON- SIDER THE REQUEST FOR A SPECIAL EVENTS PERMIT FOR BEER, WINE, AND LI QUOR FOR ALL SOULS CATHOLIC CHURCH ON JUNE 9 AND 10, 1979. Coun- cilman Clayton seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. Mr . James Sprinkle, 500 East Grand, appeared before Council as a representative from All Souls Catholic Church . Mr . Sprinkle submi tted the photograph of the notice for a public hearing and r e - ques ted that Council g rant the sp ecial events permit. Mayor Taylor asked if anyone in the audience wished to speak in objection to the special events permit. No one responded . COUNCILMAN HARPER MOVED TO CLOSE THE PUBLIC HEARING. Coun- cilman Clayton seconded the motion . Upon a call of the r oll, the vote resulted as follows : Ayes : Nays : Council Membe rs Clayton, Mann, Williams, Weber, Smith, Harper, Taylor . None. The Mayor declared the mot i on carried . • I • ( • May 7, 1979 Page 12 •' • • • COUNCILMAN WILLIAMS HO VED TO GRANT THE SPECIAL EVENTS PER!1IT FOR BEER, WINE, AND LIQUOR FOR ALL SOULS CATHOLIC CHU RCH ON JUNE 9 AND 10, 1979 . Councilman .Hann seconded the motion. Upon a call of the rol l, the vote resulted as follows: Ayes : Nays: Council Hembers Clayton, Mann, Wi l liams, Weber, Smith, Harper, Taylor . None . The Hayer declared the mo t i on carried. * * * * * * "Communications -No Action Recommended" on the agenda were receive d: (a) (b) (c) (d) (e) (f) .Hinutes of the Housing Authority meetings of February 27 and Mar~h 22, 1979. .Hinutes of the Board of Adjustment and Appeals meeting of Harch 14, 1979. Minutes of the Board of Career Service Commis- sioners meeting of March 15, 1979. .Hinutes of the Planning and Zoning Commission meeting of April 3, 1979. Minutes of the Animal Control Committee meeting of April 23, 1979 . Memorandum from the Director of Public Works to the City Manager concerning snow and ice control. Councilman Mann asked for a status report on item (e) . Mr. Thad Carson, 3990 South Jason, Chairman of the Animal Control Commi ttee appeared before Council . Mr . Carson stated the Committee will vote next Monday night whether or not to accept a licensed vete rinarian as a member. Mr . Carson stated there had been misc om- muni cation concerning the Committee's next meeting but the misunder-s tanding had been corrected. * * * * * * City Manager McCown presented the minutes of the Public Library Board meeting of April 10, 1979, with a recommendation that app ropriate action be taken to fill the vacancy on the Library Board. City Manag er McCown stated the vacancy expires February 1, 1980 . • I • - • • May 7, 1979 Page 13 • • • COUNC ILMAN CLAYTON MOVED TO ACCEPT THE RECOMMENDATION AND TO SCHEDULE DISCUSSION ON THE RECOMMENDATION AT THE NEXT REGULAR STUDY SESSION. Councilman Mann seconded the motion. Upo n a cal l of the roll, the vote resulted as follows: Ayes : Nays : Council Members Clayton, Mann, Williams , Weber, Smith, Harper, Taylor. None. The Mayor dec lared the mot i on carried . City Manager McCown stated the letters of application for the vacancy would be included in Council's next agenda packet. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Conm ission meeting of April 12, 1979 with two recom- mendations. The first recommendation concerns the land east of the Malley Senior Recreation Center. Mr. McCown stated the Commission recommends that the City purchase the property east of the Malley Center to be used for additional parking . Mr. McCown stated the property is the one about which the Englewood Centennial Bi-Centennial Foundation Administrative Committee appropached Council several month ago; and discussed their proposal to give Council certain monies to purchase the property if Council would match their funds. Mr. McCown stated both he and Mayor Taylor were designated to negotiate terms with the Com- mittee and negotiations are s t ill on-going. COUNCILMAN CLAYTON MOVED TO RECEIVE THE RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION. Councilman Harper s econded the motion. City Hanager McCown explained in detail the status of the negotiations between the Committee and the City on the matter. Mr. McCown stated the Committee is presently undergoing evaluation of its purpose and capab ilities. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor . None. The Mayor declared the motion carried. Mr. Doug Sovern, 4550 South Knox Court, appeared before Counc il and spoke on the Centennial-Bi-Centennial Foundation. Mr. Sovern stated he recalled that the City was to match funds with the • I • • • May 7, 1979 Page 14 • • • Committee on a specific ratio as outlined in the original agree- ment to mak e sure that any money contributed for a specific purpose was used for that purpose at least up to the original liability . Mr. Sovern doubted t ha t the Fo undation was doing that. Mr. McCown stated the second recommendation from the Parks and Recrea tion Commission concerns the golf ball problem. Mr. McCown referred to the suit brought against the City by Mr. Byron Sutton for property damages. Mr. McCown stated the Commission has offered the following three alternatives to the problem: 1) construct a screen 30 feet high and 60 feet long adjacent to the tee box -the aestheti c result would be grotesque but the effectiveness good ; 2) plant six tall pin e trees 20 -25' on the bank of the creek at $700 -$800 per tree -the aesthetic result would be good as well as the effectiveness ; 3) stimulate growth of the existing trees for a cost of $500 over a three y ear period. Hayor Taylor discouraged Council to pay the claim of Mr. Sutton's on the basis of setting a precedent for future claims. Councilman Smith queried the City Attorney on the possibility of buying insurance coverage for this type of claim . City Attorney Berardini stated his office researched the pro - blem with other golf courses in Denver. Mr. Berardini reported that the federally-owned clubs will pay damages done to vehicles or resi- denc es which lie in the fairway. Of the other clubs that were checked , all stated it was the responsibility of the individual golfer to pay for damages he or she may have caused. Hr. Berardini stated the Council may want to consider at a later time looking into possibilities of buying protection to cover suchdaims. COUNCILMAN HARPER MOVED TO PROCEED WITH THE PLANNED PROGRAM NOW IN EFFECT AT THE GOLF COURSE TO ELIMINATE THE PROBLEM OF GOLF BALLS THAT ARE HIT INTO THE TRAILER COURT WHICH IS ALTERNATE #3. Coun- cilman Weber seconded the motion . Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Clayton, Mann, Williams, Weber , Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * Director of Utilities Fonda appeared before Council and pre- sented the minutes of the Water and Sewer Board meeting of April 23, 1979, and the recommendations to approve the contract with the Colorado Water Conservancy District Groundwater Management Subdistrict, to approve • I • • May 7, 1979 Page 15 • • • Suppl ement #66 Southgate Sanitation District and to approve Suppl - ment #67 Southgate Sanitation District contained therein. COUNCILMAN CLAYTON l'!OVED TO APPROVE THE AGREEME T WITH THE COLORADO WAT ER CONSERVANCY DISTRICT GROUNDWATER MANAGEMENT SUB- DISTRICT FOR LEASE OF RAW WATER. Councilman Harper seconded the mot~on. Upo n a call of the roll, the vote resulted as follows : Ayes : Nays : Council t1ember s Cla y ton, Mann, Williams, Weber, Smith, Harper, Tay lor . None. The Mayor declared the motion carried . COUNCILMAN CLAYTON HOVED TO APPROVE SUPPLEMENT #66 TO THE SOUTHGATE SANITATION DISTRICT. Counci l man Har per seconded the motion. Upo n a call of the r oll, the vote resulted as fol lows : Ayes: Nays: Counc i l Hembers Clayton, Mann, \-lilliams, Weber, Smith, Harper, Taylor . None . The Hayer declared the mo t ion carried. COUNCILMAN CLAYTON MOVED TO APPROVE SUPPLEMENT #67 TO THE SOUTHGATE SANITATION DISTRICT. Councilman Harp er seconded the motion . Upo n a call of the roll, the vote resulted as f ollows : Ayes: Nays : Council Members Clayton, Mann, Williams, We ber, Smith, Har per, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented the re uest for a 3.2 beer license renewal -consumption off the premises -for the 7-11 Store, 2705 South Broadway. Mr. McCown stated the request had been tabled until this meeting because mo re information was needed to explain why the applican t had responded affirmatively to the question, "Have you eve r had your license suspended or revoked?". Mr. McCown s tated after investigation, it was discovered that there had been no violations of the li q uor code by this particular store in the City of Englewood. The firm operates several stores thr oughout the south and southweste rn par t of the Unit ed States, some of which have had their licenses re- voked. Mr. McCown stated the firm wante d to be completely honest in applying for a renewal license. • I • - • • May 7, 1979 Page 16 • • • COUNCIL W ILLlAHS MOVED TO RENEW THE LICENS E FOR 3. 2 BEER - CO SUMPTIO OFF THE PREM SES -FOR THE 7-11 STORE, 2705 SOUTH BROAD - wa y . Counci lman W b r seconded th motion . Upo n a cal of the roll, the vot e resu t d as follows: Ay e s: Nays : Council Members Clayton, Mann , Williams, We ber , Smi th, Harper, Taylor. Non . The Mayor declared the motion carried. ORDINANCE NO. 20 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 21 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE AMENDING SECTION 5 (f), CHAPTER 1, TITLE X, of the '69 E .M.C., AUTHORIZING THE PARKS AND RECREATION COMMISSION TO APPOINT A SENIOR CITIZENS ADVISORY CO~~ITTEE AND THE COMMITTEE BE REVIEWED BY COUNCIL AT EVERY THREE-YEAR INTERVAL. City Attorney Berardini noted that the two paragraphs under 10-1-5 : POWERS AND DUTIES be reversed and that the paragraph appearing in capital letters be made subsection (f) and the para- g raph appearing in lower case be made subsection (g ) . COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 21 ON FINAL READING. Councilman Weber seconded the motion. Councilman Clayton stated he was in agreement with the basic intent of the bill; however, he thought it was not a good idea to have independent boards and agencies of the City appointing other boards and agencies . Mr. Clayt on stated he thoug h appoint- ments should require Council approval. Upon a call of the roll, the vote r esu l ted as follows : Ayes : Nays : Council Members Mann, Williams , Weber, Smith, Harper , Taylor . Council Member Clayton. The Mayor declared the motion carried. * * * * * * • • I • • • Ma y 7, 1979 Pag e 17 ORDINAN CE NO . 21 SERI ES OF 1979 BY AUTHORITY • • • COUNCIL BILL NO . 24 INTRODUCED BY COUNCILMEN ~~/SM ITH AN ORDINAN CE VACATING PART OF A STREET BETWEEN BLOCKS 4 AND 5, ENGLEWOOD HEIGHTS SUBDIVISION, CITY OF ENGLEWOOD , COUNTY OF ARAPAHOE, COLORADO. City Attorney Berardini aske d the private party involved in th is transaction, Mr. William F. Davis, if he would be willin g to g rant to the City an easement for the purposes of maintain i n g the City Dit ch with the provision that if the ditch should be piped then the easement would be returned to him. Hr. William F. Davi s was i n attendance and stated that he and his wi fe a greed to the condition as stated by t he City Attorney. COUNCILMAN SHITH MOVED TO PASS COUNCIL BILL NO . 24 ON FINAL READING WITH THE ADDITION OF THE EASE~~NT TO BE SUPPLIED BY THE CITY ATTORNEY. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Council Hembers Clay ton, Hann, Williams , Weber, Smith, Harper , Taylor . None . The Hayer declared the motion carried. ORDINANCE NO . SERIES OF 1979-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO . 25 INTRODUCED BY COUNCILMAN WIL LIAMS AN ORDINANCE APPROVING AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVE R, ACTING BY AND THRO UGH ITS BO ARD OF WAT ER COMMISSIONERS, AND THE CITY OF ENGL EWOOD, COLORAD O, KNOWN AS THE "CITY DITCH AGREEMENT", WITH CER-TAIN AMENDME NTS . COUNCILMAN WILLIAMS HOVED TO PASS COUNCIL BILL NO . 25 ON FIRST READING. Counci lman Weber seconded the motion. Councilman Smith state d he opposed the bill because he and several other citizens we re under the impression that i t wa s g oing to • I • • • May 7. 1979 Page 18 • • • be closed in the next thre e to f ive years ; t hus gLVLng property owners additional use of t hei r p r op erty. Th e te rm of the agre ment is for twent y years ; consequently, the ditch may never be closed . Councilman Clay ton opposed the bill because th term of the a g reemen t is too long. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Mann, Williams, We ber , Harper, Tay lor. Council Members Clayton, Smith. The Hayer declared the motion carried. RESOLUTION NO. 18 SERIES OF 1979 * * * * * * A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FEE SIMPLE INTEREST AND EASE~ffiNT IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD, COLORADO, TO PROVIDE A SITE FOR CONSTRUCTION OF A WATER STORAGE STRUCUTRE. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO . 18, SERIES OF 1979. Councilman Harpe r secon ded the motion. Upon a call of the ro ll ,the vote resulted as follows: Ayes : Nays: Council Members Clayton, Mann, Williams, Weber , Smith, Har per , Ta y lor . None . The Ma yor declared the motion carr ied . RESO LUTION NO. 19 SER IES OF 1979 * * * * * * A RESOLUTION APPROVING THE APPLICATION OF PAUL H. DAGHLIAN AND SHAKE ' T. DAGHLI AN, DOING BUSINESS AS PAUL'S RESTAURANT & PIZZERIA, FOR A HOTEL AND RESTAURANT LICENSE TO BE LOCATED AT 3542 SOUTH FOX , ENGLEWOOD, COL ORADO. COUNCILMAN CLAYTON ~lOVED TO PASS RESOLUTION NO. 19. SERIES OF 1979. Councilman Williams seconded the motion . Upon a call of the roll, the vote resulted as follows : • I • • • May 7, 1979 Page 19 Ayes : Nays : • • • Council Members Clayton, Mann, Wi lliams, We ber, Smith, Ha r p er, Taylor. None. The Mayor declared the motion carried. RESO LUTION NO. 20 SERIES OF 1979 * * * * * * A RESOLUTION APPROPRIATING $50 ,000 FROM THE WATER FUND TO THE ADMINISTRATIVE AND GENERAL ACCOUNT TO PROVIDE AN EHERGENCY FUND TO ASSIST IN DEFRAYING THE COST OF THAwiNG WATER SERVICE LINES AND TO ESTABLISH QUALIFICATION FOR COMPENSATION TH EREFOR. City Attorney Berardini noted in the fourth para g ra ph "92" should be changed to "93". COUNCILMAN ~~N MOVED TO PASS RESOLUTION NO . 20, SERIES OF 1979 . Councilman Smith seconded the motion. Councilman Clayton noted that the resolution contains no upper limit on all claims. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council l1ember s Clayton, Ma nn, Williams, Weber, Smith, Harper, Taylor. None . The Mayor declared the motion carried. RESO LUTIO N NO . 21 SERI ES OF 1979 * * * * * * A RESOLUTION AUTHORIZING MACLEE RADIO, INC. AND WESTERN BROADCAS T- ING CORPORATION A THREE MONTH EXTENSION OF THE LEASE OF JANUARY 1 , 1972. COUNCILMAN SMITH MO VED TO PASS RESOLUTION NO . 21, SERIES OF 1979. Councilman Weber seconded the motion . Upon a call o f the r oll, the vote resulted as fol lows : Ayes : Council Members Clayton, Mann , Williams, We ber, Smith, Harper, Ta y lor . • , I • • - • May 7, 1979 Page 20 Nays : None. • • • The Nayor dec lared t h e motion carried. * * * * * * City Attorney Berardini reported on the status of the case Olin er vs. the City, involving the property upon which the Police /Fire Center is located. Mr. Berardini stated the Colorado State Supreme Court has refused to accept the case; and the lower court deci sion st ands. Therefo re, the law suit is completed and the City may exercise it s option to purchase the land accord ing t o t he terms of the lea se after 1995. Mr. Berardini stated he would prepare a broader report on the case at a later date . * * * * * * City Manager McCown presented a memorandum f rom th e Director of Public Works to the City Mana ger concerning the speed l imit on South Elati Street . Mr. McCown stated the results of the study conduc ted by the Traffic En gineer indicate that 25 miles per hour i n this area is an adequate speed. Mr. McCown stated the Traffic Engineer als o points out that the Model Traffic Code stipulates that 25 miles pe r hour will be in the speed limit in bus i ness districts. Hr. HcCown stat ed the cross walk intersection at Girard Street will be restri pe d and Police Chief Holmes will ask for selective enforcement of the speed limi t in this area. Mr . }1cCown stated staff does n o t recommend that the speed l imi t be changed to 15 miles per hour. Council disc u sse d the problem of pedest r ian cross walks in this area. Council re q uested the City Nana ge r to r eport back on some of their s u gge stions. Cit y Manager McC own sta ted he would re quest that the s tudy be broadened and follow up with recommendations. RESOLUTION NO. 17 SERI ES OF 1979 * * * * * * A RESOLUTI ON SUPPORTING THE DENVER REGION ELEMENT OF THE STATE IMPLEMEN TATION PLAN TH ROU GH COMHITMENT TO IMPLEMENT SP EC IFIC AIR PO LLUTION CONTROL MEASURES AND TO CONSIDER FOR IMPLEMENTATION THOSE ADDI TIONAL MEAS URES RECOMMENDED AS THE RESULT OF FURTHER EVALUATIO NS TO BE CON DUCTED UNDER THE CONTIN UING AIR QUALITY PLANNING PRO CESS . Director of Community Development Wanush appeare d b efore Coun cil and di sc ussed the commitments b y which passage of the res olu t ion would obligate the City. Councilman Mann oppo s e d the conce pt of the resolution on the basis that the agency is no longer advising the City of Englewood b ut • I • • May 7, 1979 Page 21 • • • dictating to it; thereby, taking away local authorit y o f loc a l pro -b lems. Councilman Harper stated there has t o be a c o or d·nat ing agency in the region if anything is going to be done about p ollution . COUNCILMAN WEBER MOVED TO PASS RESOLUTION NO. 17, SERIES OF 1979. Councilman Harper seconded the motion. Councilman Smith e xp ressed concern on how the p lan was g o i ng to be fi nanced. Upon a call of the roll, the vote resul ted as follows: Ayes : Nays: Council Members Cl ay ton, Williams, Weber, Harper, Taylo r. Council Members Smi th, Mann. The Mayor declared the motion carried. Mr. Bill Howard, 1411 East Dartmouth Avenue, was granted per- mis sion to appear before Council. Mr. Howard stated Englewood has been designated as a regional activity center and any future acquiescence to clean air plans will have a direct effect on the City's economy. Mr. Howard suggested that before the restrictions ge t more specific rela tive to clean air, negotiations be started with DRCOG to get some kind of a balance between their commitment to RTD facilities in this are a against their req uirement s for clean air. * * * * * * City Manager McCown presented the six quarter budget for Ap ril 1979 through September 1980 and the recommendat ions contained therein. RESO LUTION NO. 22 SERIES OF 1979 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND, REVENUE SHARING FUND, AND GENERAL FUND BUDGETS FOR 1979. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 22, SERIES OF 1 979 . Co uncilman Smith seconded the motion. Upon a call o f the roll, th e vote resulted as follows: Ayes: Nays : Council Memb er s Clayton , Man n , Williams, Web er, Smith, Harper , Taylor. None. • I • - • • May 7, 1979 Page 22 • • • The Mayor declared the motion carr i ed . * * * * * * COUNCILl1AN CLAYTON MOVED TO AUTHORIZE THE MAYOR TO SIGN THE GRANT RECEIVED FROM THE STATE HOUSING DI VISION I THE AMOUNT OF $35,0 00 FOR THE REHABILITATI ON PROGRAM . Councilman Weber seconded the mo tion. Upon a call of the roll, the vote resulted as follows : Aye s : Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. Th e Hayo r declared the motion carried . * * * * * * Ci t y Hana ger McCown stated the City has been notified by the Bureau o f Ou td oor Recreation of acceptance of a grant for $25 0,000 for the river re development. Mr. McCown stated the grant is matching mon ies for 1 98 0 and the staff is studying the accountin g procedures to facilit ate t h e grant. * * * * * * Mayor Taylor reminded Council of numerous items whi c h need to be discusse d and disposed . Hayor Ta ylor proposed a day-long study session as soon a s possible . COUNCILMAN MANN MOVED TO INSTRUCT THE CITY ATTORN EY TO PREPARE AN ORDINAN CE ON THE REPAIR, REPLACEMENT, LOWERING AND THAWING OF FROZEN WAT ER LINES IN THE CITY'S PU BLIC RIGHT-OF-WAY. Councilman Sm ith seconde d t he motion . Councilman Weber stated he would like to discuss the matter at a study session to avoid making amendments to a final draft . Councilman Mann withdrew his motion. Counc i lman Smith wi th-drew his second to the motion. Council agreed to discuss the frozen wa ter line matter i n a st udy session. Council agreed to set aside Ma y lOth at 6 :00 p.m. to discu ss labor negotiations in an executive stud y session . * * * * * * Ma yor Taylor stated the Englewood High School marching band has been invited to participate in the annual Rose Bowl parad e. Mayor I • - • May 7. 1979 Page 23 • • • Taylor asked Council to help these students find jobs because each student has to pay his or her own way. * * * * * * Councilman Clayton requested a bulletin of the list of times and dates for the meetings that have been set up during this meeting. * * * * * * There was no further business to be discussed. * * * * * * Mayor Taylor adjourned the meeting without a vote at 11 :45 p.m. :~puty City C erk • I . • • \........ • REGULAR MEETING : • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO May 7, 1979 ICL The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session at 7:30p.m. on May 7, 1979. The invocation was given by the Reverend Rosemary Morris, En g lewood Mayflower Congregational Church, 3001 South Acoma Street. The Pledge of Allegiance was led by Boy Scout Troop #92 . Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Community Development Wanush Assistant Director of Community Develop- ment Reddy Director of Utilities Fonda Director of Finance/ex officio City Clerk James Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR ME ETING OF APRIL 16, 1979. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. Nays: None . The Mayor declared the motion carried. * * * * * * • I • • • May 7, 1979 Page 2 • • - Mayor Taylor encouraged everyone to vote in the school board election, May 8, 1979. * * * * * * COUNCILMAN WILLIAMS MOVED TO APPROVE THE PROCLAMATION DECLAR- ING THE MONTH OF MAY, 1979, AS "YOUTH MONTH". Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. Deputy Clerk Watkins read the proclamation and Mayor Taylor presented it to the pre-scheduled visitor Mr. Harry Musser, 5065 South Huron Street, P.E.R. Englewood Elks. Mr. Musser thanked Council for this recognition. * * * * * * Pre-scheduled visitor, Mr. Leonard A. Billingham, 4363 South Grant Street, was present. Mr. Billingham requested approval of an encroachment into the City's right-of-way for a 34-inch split-rail fence which has been installed across the front of his property. Director of Community Development Wanush appeared before Council and stated there were no objections to Mr. Billingham's re- quest. Director Wanush stated Assistant Director of Community Develop- ment Romans has discussed with Mr. Billingham that by signing the agree- ment he is committed to removing the fence upon request from the City. COUNCILMAN CLAYTON MOVED TO BRING FORWARD AGENDA ITEM 6E "MEMORANDUM CONCERNING THE ENCROACHMENT REQUEST AT 4363 SOUTH GRANT STREET". Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor . None. The Mayor declared the motion carried. COUNCILMAN CLAYTON MOVED TO APPROVE THE ENCROACHMENT REQUEST FOR MR . LEONARD BILLINGHAM, 4363 SOUTH GRANT STREET. Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as follows : I • • - • • May 7, 1979 Page 3 Ayes : Nays: • • • Council t1embers Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * Hr. Charles Roland, 424 West Oxford Avenue, appeared before Council on behalf of Mrs. Dorothy Roland. Mr. Roland requested Coun- cil's approval to install a 48-inch chain link fence along the front and to the side of their property which would encroach into the City's right-of-way on South Elati Street and West Oxford Avenue. Director Wanush appeared before Council and stated there were no objections to the request. Mr. Wanush stated it would be appro- priate to grant the encroachment if the fence is no higher than 42 inches required by ordinance for fences installed in front yards. COUNCILMAN CLAYTON MOVED TO BRING FORWARD AGENDA ITEM 6F "MEMORANDUM CONCERNING THE ENCROACHMENT REQUEST AT 424 WEST OXFORD AVENUE". Councilman Hann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None . The Mayor declared the motion carried. COUNCILMAN CLAYTON MOVED TO APPROVE THE ENCROACHMENT REQUEST FOR MRS. DOROTHY ROLAND, 424 WEST OXFORD AVENUE, WITH THE STIPULATION THAT THE FENCE NOT BE OVER FORTY-TWO (42) INCHES HIGH. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows : Ay es : Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor . None . The Mayor declared the motion carried. * * * * * * Director of Utilities Fonda appeared before Council and dis- cussed the bids received for the Allen Water Treatment Plant additions and improvements, Dartmouth Avenue Pump Station and Bear Creek Pump Station modifications, and the elevated tank. Mr. Fonda stated he • I • • • May 7, 1979 Page 4 • • • had recommendations for all the projects except the elevated tank and that recommendation would be forthcoming at the next regular Council meeting. Mr. Fonda recommended that Council accept the following bids: Project Allen Treatment Plant Dartmouth & Bear Creek Pump Stations Water Transmission Mains TOTAL Contractor Olson Construction Co. Powder Horn Constructors Holsam Concrete Co. Bid $ 4,708,496.00 184,496.00 2,498,146 .00 $ 7,391,395.00 Mr. Fonda stated the low bidder for the Allen Treatment Plant was Petry-Vappi; however, they re~uested to be withdr awn claiming they had made a mathematical error. Mr. Fonda stated the City Attorney has advised him that collection of the bid bonds from Petry -Vappi would probably be unsuccessful ; therefore, that was why he was recom- mending the Olson Construction Co. Mr . Fonda added the b i d from Hols am Concrete Co. i ncluded $10,975.00 for th e poly ethyl n e ncasement of the pipes. COUNCILMAN HARPER MOVED TO ACCE PT THE BID S PRES EN TED FOR THE ALLEN TREATMENT PLANT TO OLSON CONST RUCT IO COMPANY OF $ ,708 ,496.00 ; FOR THE DARTMO UTH AND BEAR CREEK PUMP ST ATIONS TO PO ,.:E HORN CON- STRUCTORS OF $184,496.00; AND FOR THE WA TER TRAN SMISSION MAINS TO HOLSAM CONCRETE COMPANY OF $2,498,146.00. Counc ·lman Sm t h s econded the motion. Up on a call of the roll, th v o ter sult d as foll ows : Aye s: Nays : Council Members Clayton, Mann, Wil l i a ms, Weber, Smith, Harper , Tay lor. None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor, Mr. Lynn Massa, 4795 South Broadway appeared before Council. Hr. Massa discussed his objections to the City moving Fire Station #3 to property adjacent to his property . Mr. Massa stated from a community standpoint the relocation would be un- desi rable because the streets are too narrow percipitating traffic pro blems . Also, there were several schools in the area making it hazardous for school children. From a personal standpoint, Mr. Massa stated he felt it would force him out of business because the lot he uses for parking would be taken by the City. Mr. Massa stated if • I • • • • • .. May 7, 1979 Pag e 5 the City would change the zoning of certain property in that area to commercial then he probably would not be hurt. Mr. Massa stated there were several locations on Broadway that were not meeting code; namely, temporary buildings with no foundations at: 3778 South Broadway 3940 South Broadway -two semi-trailers were paked out in the back lot 3800 South Broadway Quincy and South Broadway 4480 South Broadway * * * * * * Pre-scheduled visitor, Mr. Elmer Schwab, 4795 South Inca Street, a pp eared before Council and discussed his concerns about re- location o f Fire Station #3. Mr. Schwab objected to spending money to relocate the station and felt it should be spent helping those people who had frozen water pipes last winter. Mr. Schwab suggested delaying the move until the State Department of Highways widens Belleview a t which time they would have to take the financial responsibility of relocating it. Mr. Schwab stated the proposed location is hazardous for the same reasons stated by Mr. Massa. Mr. Schwab stated the pre- sent location serves it purpose and encouraged Council to study the matter further . * * * * * * Pre-scheduled visitor, Mrs. Laura Dreher , 1305 East Howell, Seattle, Washington, appeared before Council. Mrs . Dreher stated she receives her sole income from the property loca t ed at 4811 South Broad- wa y and would be forced to sell it if the City relocates the fire station at the corner o f Layton and Acoma Streets. Pre-scheduled visitor, Mr. Stephen Dreher, 54 West Layton Avenue , and Mr. Michael Haran, appeared before Council and presented a r g uments on the proposed relocation of Fire Station #3. They pre- s ented a map illustrating current fire station locations and each station's response time. Mr. Dreher questioned why the relocation was necessary. City Manager McCown stated there were too many traffic pro- blems on Belleview Avenue. The results of a study conducted in 1973 b y Public Technology, Incorporated, identified this particular fire s t a tion to be in the wron g location and recommended moving it further to the north and east . Mr. McCown stated funds were first appropriated in 1973; however, the project has been given a low priority until this year. Mr. Dreher opposed the proposed site for the following rea- sons: 1) it would involve the taking of a residential home ; 2) the fire • I • • • May 7, 1979 Page 6 .. • • - truck would go by the front of two schools; 3) time would be lost traveling over the dips in the street on Clayton; 4) the traffic is too heavy for access onto South Broadway; 5) the streets are too narrow on Layton and Acoma; and 6) parking would probably be banned at the businesses of Massa Glass, the Tackle shop, neighboring apartment buildings and single-family residences in the area. Mr. Dreher suggested the following alternatives : l) renovate the volunteer fire station at Quincy and Federal; 2) relocate at Tufts and Navajo where there are no residential homes, two lots are for sale, and close access to schools and major arterials. Mr. Dreher stated he hoped his agruments proved a need for further study on the proposed relocati on of Fire Station #3. Pre-scheduled visitor, Mrs. Betty J. Wike, 4985 South Huron, appeared before Council. Mrs. Wike stated several people in her neigh- borhood want to keep the station at its present location. Mrs. Wike stated she was a member of the Dreher family, grew up in the area of the proposed site, and would be disappointed to see the City take it. Mrs. Wike asked that the small merchants not be forgotten and some of them would be hurt if the parking was taken away. She felt the traffic problems would be just as bad on Broadway as they are now on Belleview. She appealed to Council not to take away the property owned by her sister-in-law, Mrs. Laura Dreher. Mrs. Wike asked the audience for a show of hands of those who were in support of Mrs. Dreher. Approxi- mately 40 people held up their hands. COUNCILMAN MANN MOVED TO BRING FORWARD AGENDA ITEM 7D "A RESOLUTION CONCERNING THE RELOCATION OF A FIRE STATION". Councilman Williams seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes : Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Hayor declared the motion carried . COUNCILMAN MANN MOVED TO POSTPONE THE RESOLUTION FOR TWO COUNCIL MEETINGS UNTIL THE FIRST COUNCIL MEETING IN JUNE. Council- man Williams seconded the motion. Ayes: Council Members Clayton, Mann, Williams, Harper, Taylor. Nays: Council Members Weber, Smith. The Mayor declared the motion carried. Councilman Sm i th stated postponement would not accomplish any thing without additional information, citizen input and planned • I • • Ma y 7, 1979 Page 7 • • .. presentations from staff. Councilman Smith stated there needs to be an open forum for citizen input. COUNCILMAN MANN MOVED TO SET A PUBLIC HEARING FOR ~~y 14, 1979, TO CONSIDER THE RELOCATION OF FIRE STATION #3, AT 8 :00 P.M. Motion died for lack of a second. COUNCILMAN SMITH MOVED TO SET A PUBLIC HEARING ON TUESDAY, MAY 22, 1979, AT 7:00 P.M. TO DISCUSS THE MATTER. Councilman Mann seconded the motion. Councilman Smith withdrew his motion because the date con- flicted with a Planning and Zoning Commission hearing. Councilman Mann withdrew his second to the motion. COUNCILMAN WILLIAMS MOVED TO SET A STUDY SESSION FOR MAY 29, 1979, AT 7 :00 P.M. AT THE POLICE/FIRE CENTER TO DISCUSS THE ~~TTER. Councilman Mann seconded the motion. Councilman Clayton requested that Council pursue City Manager McCown's suggestion in that letters be written to all property owners in the areas of all the proposedsites notifying them of the study ) session and that full information be available to Council on each site. Councilman Har~er requested an impact statement on each one of the sites for Council s information. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper , Taylor. None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor, Mrs. Audrey Scott, 2926 South Galapago Street, appeared before Council and discussed the frozen water line pro- blem. Mrs. Scott stated she was representing a newly-formed organization called the MMI. Mrs. Scott stated the proposed resolution for partial reimbursement to citizens who had frozen water lines this winter is discriminatory and represented a special interest group because reim- bursement depends upon one's annual income and who can say who can for unthawing frozen water lines. Mrs. Scott stated the MMI favors full reimbursement for everyone . Mrs. Scott questioned the credibility of the Denver Regional Council of Governments from which certain information was taken to prepare the resolution. Mrs. Scott suggested the following courses of action concern- ing the problem : 1) de feat the resolution and redevelop a plan that would • I • • • • • May 7 , 1979 Page 8 p rov ide for complete and total reimbursement for all people ; 2) de- c i de wh a t to do about future freezes; and 3) pass an ordinance where- b y t h e City assumes res ponsibility for water mains in the City's righ t-of-way . Mrs . Scott stated the MMI recommends defeat of the re- sol ut ion a f ter which wi ll come repercussions to get the g overnment back to t he peop le . When asked b y Councilman Smith for what did the initials MMI stand, Mrs. Scott refused to answer. * * * * * * Pre-scheduled visitor, Mr . Jack Patterson, 3587 South Ogden Street, appeared before Council Mr. Patterson stated he was present because Council did not vote on his petition presented at their meet- ing of April 2, 1979, to remove Councilman Donald Weber from his seat in Council District #2. Mr. Patterson submitted another petition con-c e ~nin g hi s same prior re quest. * * * * * * Mayor Taylor asked if there were any other visitors in the audience wishing to speak at this time. Mrs . Patterson, appeared before Council and requested infor- mation on the Senior Surrey. Mayor Taylor stated he had received additional information and would get in contact with her the next day. Mr . George H. Allen, 2799 South Downing, appeared before Co uncil and di s cussed the challeng e to remove Councilman Donald Weber f r om h i s distr i ct. Mr . Al l en stated the issue has drawn much interest in h is ne ighborh ood f r om those cit i zens who were satisfied wi th Mr . We b e r's perfo rmance on t h e Cou n c i l . Mr . Allen stated t hese p eo p le are wil l i n g t o offer f u ll suppor t to k ee p Mr . Weber on Counc il. Mr. Al len aske d f or a show of han ds of thos e p eop le who sup p orted Mr. Webe r . App r oxi mate ly 4 0 people raised their h and s. Mr. Russell Reeme, 220 West Layton Av e nue, appeared before Council and questioned why does Council need 2 /3 v o te t o pass the emergency reimbursement water line reso l ution when it is not required on o t h er matters . Mayo r Tay l or stated the issue was on the a g enda and asked if Mr . Reeme had heard the discussion on this matter at the study session . Mr . Reeme indicated that he h a d. Mr . Bob Brundage, 4140 South Hu ron, app e ared b efore Council and spoke i n o pp o sition to some issues raised b y some citizens who have spoke n o ut a gain st the City Council. Mr . Brundage asked th a t such • I • - • May 7, 1979 Page 9 • • • actions be brought to a halt in order that Council could return to more important issues. He stated there were a lot of positive- thinking citizens in Englewood and it is not their intention to let the harassment continue. Mr. Doug Severn, 4550 South Knox Court, Council and offered his full support to Council . the attacking of elected officials and stated the what qualifications does the petitioner have that vestigate the Council. appeared before Mr. Severn opposed citizens should ask allow; him to in- Mrs.Isabella Knight, 3021 South Lincoln, appeared before Council. Mrs . Knight stated she was one of the people who had written letters in the newspapers. Mrs. Knight stated she wrote the letters not to talk about someone but to bring up issues about which she felt the public should be concerned. Mrs. Knight stated she did not want to cause dissention between the Council and the citizens but rather wanted then, to work together. Mrs. Knight stated she had become ill from the smoke-filled room and wished that smoking would not be per- mitted at public meetings. Councilman Clayton spoke on the matter of serving as a coun- cilman and a personal incident involving his son . Mr. Clayton stated people must respect each other's right to disagree. Mrs. Beverly Howell , 3255 South Delaware, appeared before Council and asked for identification of an area designated for low cost housing in the City of Englewood. Mrs. Howell referred to a re- cent article appearing in the Englewood Citizen concerning the matter. Director Wanush appeared before Council and explained what target area was being staged for rehabilitation loan eligibility. Mr. Wanush stated the article discusses more subjects than just the re- habilitation loan pro g ram. Mr. Truman Davis, 2721 South Ogden, appeared before Council . Mr . Davis stated he was proud of his councilman and would like to have Mr . Jack Patterson and whoever is behind him investigated. Mrs. Frances Howard, 645 East Yale Place, appeared before Council. Mrs. Howard stated the actions that have taken place in the last few weeks against certain council members would deter any qualified person from running for election in November. Mayor Taylor expressed appreciation to the people who came to the meeting. The Mayor also expressed the pride he felt in being a part of the City of Englewood. * * * * * * Mayor Taylor declared a recess at 9:30 p.m. The Council re- convene d at 9:45 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: • I • • May 7, 1979 Pag e 10 • • • Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent : None. The Hayor declared a quorum present. * * * * * * COUNCILMAN MANN MOVED TO OPEN THE PUBLIC THE COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION. seconded the motion. Upon a call of the roll, the follows: HEARING TO CONSIDER Councilman Clayton vote resulted as Ayes: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. Nays: None. The Hayor declared the motion carried. Director of Community Development Wanush appeared before Council and presented the grant application. Mr. Wanush stated the application is for the United States Department of Housing and Urban Development for $226,000 to be used solely for housing rehabilitation in the City of Englewood. Mr. Wanush stated the $226,000 would be used to subsidize loans in the existing program and would allow the program to continue for another two years. Hr. Wanush explained the philosophy for focusine on one particular target area and which areas will be emphasized under the program. ~1r. Wanush stated the Planning and Zoning Commission has a pp roved the Housing Assistance Plan and the amended target areas are a part of the proposed comprehensive plan soon to be transmitted to Council . Mayor Ta y lor asked Mrs. Howell if her previously-stated q uestions had been answered. Mrs. Howell stated that they had been. Hayor Taylor asked if anyone in the audience wished to speak in favor of the application. No one responded. Mayor Taylor asked if anyone in the audience wished to speak a 0 ainst the application. No one responded. COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Council- man Harper seconded the motion. Upon a call of the roll, the vote re- sul ted as follows: • I • • May 7, 1979 Page 11 Ayes: Nays : • • • Council Members Clayton, Mann, \villiams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. COUNCILMAN SMITH MOVED THAT THE CITY MANAGER BE ALLOWED TO SIGN THE COMMUNITY BLOCK GRANT APPLICATION. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None . The Mayor declared the motion carried. * * * * * * COUNCILMAN HARPER MOVED TO OPEN THE PUBLIC HEARING TO CON- SIDER THE REQUEST FOR A SPECIAL EVENTS PERMIT FOR BEER, WINE, AND LIQUOR FOR ALL SOULS CATHOLIC CHURCH ON JUNE 9 AND 10, 1979. Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. Mr. James Sprinkle, 500 East Grand, appeared before Council as a representative from All Souls Catholic Church. Mr. Sprinkle s ub mi tted the photograph of the notice for a public hearing and re- q ue sted that Council grant the special events permit. Mayor Taylor asked if anyone in the audience wished to speak i n objection to the special events permit. No one responded. COUNCILMAN HARPER MOVED TO CLOSE THE PUBLIC HEARING. Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote r e sulted as follows : Ayes: Nays : Council Members Clayton, Mann, Williams, Weber, Sm i th, Harper, Taylor. None . The Mayor declared t he mo t ion carried . • I • - ( c May 7, 1979 Page 12 • • • COUNCILMAN WILLIAMS HOVED TO GRANT THE SPECIAL EVENTS PERMIT FOR BEER, WINE, AND LIQUOR FOR ALL SOULS CATHOLIC CHURCH ON JUNE 9 AND 10, 1979. Councilman Hann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Hembers Clayton, Hann, Williams, Weber, Smith, Harper, Taylor. None. The Hayer declared the motion carried . * * * * * * "Co=unications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) (e) (f) Hinutes of the Housing Authority meetings of February 27 and Mar~h 22, 1979. Minutes of the Board of Adjustment and Appeals meeting of Harch 14, 1979. Minutes of the Board of Career Service Colillllis- sioners meeting of March 15, 1979. Hinutes of the Planning and Zoning Commission meeting of April 3, 1979. Minutes of the Animal Control Committee meeting of April 23, 1979. Memorandum from the Director of Public Works to the City Manager concerning snow and ice control. Councilman Mann asked for a status report on item (e) . Mr . Thad Carson, 3990 South Jason, Chairman of the Animal Control Co mm ittee a pp eared before Council. Mr . Carson stated the Committee wil l vote next Monda y night whether or not to accept a licensed ve ter i narian as a member . Mr. Carson stated there had been miscom- munication concerning the Committee's next meeting but the misunder- standing had been corrected . * * * * * * Ci ty Manager McCown presented the minutes of the Public Library Board meeting of April 10, 1979, with a recommendation that app r o priate action be taken to fill the vacancy on the Library Board. City Mana g er McCown stated the vacancy expires February 1, 1980 . • I • • • May 7, 1979 Pa g e 13 • • • COUNCILMAN CLAYTON MOVED TO ACCEPT THE RECOMMENDATION AND TO SCHEDULE DISCUSSION ON THE RECOMMENDATION AT THE NEXT REGULAR STUDY SESSION. Councilman Mann seconded the motion . Upon a call o f the roll, the vote resulted as follows : Ayes: Nays : Council Members Clayton, Mann, Williams, Weber , Smith, Harper, Taylor. None. The Ma y or declared the motion carried . City Manager McCown stated the letters of application for the vacancy would be included in Council's next agenda packet. * * * * * * City Manager McCown presented the minutes of the Parks an d Recreation Commission meeting of April 12, 1979 with two recom- menda t i ons . The first recommendation concerns the land east of the Mall e y Sen i or Recreation Center. Mr. McCown stated the Commission recommends that the City purchase the property east of the Malley Center to be us ed for additional parking. Mr. McCown stated the property i s the one about which the Englewood Centennial Bi-Centennial Foundation Administrative Committee appropached Council several month ago; and di scussed their proposal to give Council certain monies to purchase the property if Council would match their funds. Mr. McCown stated both he and Mayor Taylor were designated to negotiate terms with the Com- mittee and negotiations are still on-going. COUNCILMAN CLAYTON MOVED TO RECEIVE THE RECOMMENDATION FROM TH E PARKS AND RECREATION COMMISSION . Councilman Harper seconded the mo t ion . City Manager McCown explained in detail the status of the negot iations between the Committee and the City on the matter. Mr. McCown stated t he Comm itt e e is presen tly undergo ing evalua t i on o f its p urpose a nd capabil i tie s . Upon a call of the ro ll , th e vote resu lted as foll ows: Ay e s : Nays : Coun cil Members Cl ayton , Mann, Willi am s, We ber , Smi t h , Ha r p er , Ta y lor . No n e . Th e Mayor declare d t he motion c arr i ed . Mr . Doug Sovern , 4 550 South Knox Court , appeared before Counc i l and spoke on the Centenn i al-Bi~Centennial Foundation. Mr . So v e rn s tated he recalled that the City was to match funds with the • I • • May 7, 1979 Page 14 • • • Committee on a specific ratio as outlined in the original agree- ment to make sure that any money contributed for a specific purpose was used for that purpose at least up to the original liability. Mr. Sovern doubted that the Foundation was doing that. Mr. McCown stated the second recommendation from the Parks and Recreation Commission concerns the golf ball problem. Mr. McCown referred to the suit brought against the City by Mr. Byron Sutton for property damages. Mr. McCown stated the Commission has offered the following three alternatives to the problem: 1) construct a screen 30 feet high and 60 feet long adjacent to the tee box -the aesthetic result would be grotesque but the effectiveness good; 2) plant six tall pine trees 20 -25' on the bank of the creek at $700 -$800 per tree -the aesthetic result would be good as well as the effectiveness; 3) stimulate growth of the existing trees for a cost of $500 over a three year period. Mayor Taylor discouraged Council to pay the claim of Mr. Sutton's on the basis of setting a precedent for future claims. Councilman Smith queried the City Attorney on the possibility of buying insurance coverage for this type of claim . City Attorney Berardini stated his office researched the pro- blem with other golf courses in Denver. Mr. Berardini reported that the federally-owned clubs will pay damages done to vehicles or resi- dences which lie in the fairway. Of the other clubs that were checked, all stated it was the responsibility of the individual golfer to pay for damages he or she may have caused. Mr. aerardini stated the Council may want to consider at a later time looking into possibilities of buying protection to cover suchdaims. COUNCILMAN HARPER MOVED TO PROCEED WITH THE PLANNED PROGRAM NOW IN EFFECT AT THE GOLF COURSE TO ELIMINATE THE PROBLEM OF GOLF BALLS THAT ARE HIT INTO THE TRAILER COURT WHICH IS ALTERNATE #3. Coun- cilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * Director of Utilities Fonda appeared before Council and pre- sented the minutes of the Water and Sewer Board meeting of April 23, 1979, and the recommendations to approve the contract with the Colorado Water Conservancy District Groundwater Management Subdistrict, to approve • I • • • • • • May 7, 1979 Page 15 Supplement #66 Southgate Sanitation District and to approve Supple- ment #67 Southgate Sanitation District contained therein. COLORADO DISTRICT motion. COUNCILMAN CLAYTON MOVED TO APPROVE THE AGREEMENT WITH THE WATER CONSERVANCY DISTRICT GROUNDWATER MANAGEMENT SUB- FOR LEASE OF RAW WATER. Councilman Harper seconded the Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None . The Mayor declared the motion carried. COUNCILMAN CLAYTON MOVED TO APPROVE SUPPLEMENT #66 TO THE SOUTHGATE SANITATION DISTRICT . Councilman Harper seconded the motion. Upon a call o f the roll, the vote resulted as follows : Ayes : Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The ~~yor declared the motion carried. COUNCILMAN CLAYTON MOVED TO APPROVE SUPPLEMENT 1167 TO THE SOUTHGATE SANITATION DISTRICT. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * City Mana g er McCown presented the request for a 3 .2 beer license renewal -consumption off the premises -for the 7-ll Store, 2 705 South Broadway. Mr . McCown stated the request had been tabled until this meeting because more information was needed to explain why the applicant had responded affirmatively to the question, "Have you e ver had your license sus p ended or revoked?". Mr. McCown stated after investigation, it was discovered that there had been no violations of the liquor code by this particular store in the City of Englewood. The firm operates several stores throughout the south and southwestern part of the United States, some of which have had their licenses re- voked. Mr . McCown stated the firm wanted to be completely honest in a pp lying for a renewal l i cense . • I • • • May 7, 1979 Page 16 • • • COUNCILMAN WILLIAMS MOVED TO RENEW THE LICENSE FOR 3.2 BEER - CONSUMPTION OFF THE PREMISES -FOR THE 7-11 STORE, 2705 SOUTH BROAD- way. Councilman Weber seconded the motion . Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. ORDINANCE NO. 20 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 21 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE AMENDING SECTION 5 (f), CHAPTER 1, TITLE X, of the '69 E.M.C., AUTHORIZING THE PARKS AND RECREATION COMMISSION TO APPOINT A SENIOR CITIZENS ADVISORY COMMITTEE AND THE COMMITTEE BE REVIEWED BY COUNCIL AT EVERY THREE-YEAR INTERVAL. City Attorney Berardini noted that the two paragraphs under 10-1-5: POWERS AND DUTIES be reversed and that the paragraph appearing in capital letters be made subsection (f) and the para- graph appearing in lower case be made subsection (g). COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 21 ON FINAL READING. Councilman Weber seconded the motion. Councilman Clayton stated he was in agreement with the basic intent of the bill; however, he thought it was not a good idea to have independent boards and agencies of the City appointing other boards and agenc i es . Mr. Clayton stated he though appoint- me nts should require Council approval. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Taylor. Council Member Clayton. The Mayor declared the motion carried. * * * * * * • I • • • Ma y 7, 1979 Page 17 ORDINANCE NO. 21 SERIES OF 1979 BY AUTHORITY • • • COUNCIL BILL NO . 24 INTRODUCED BY COUNCILMEN t-1ANN/SMITH AN ORDINANCE VACATING PART OF A STREET BETWEEN BLOCKS 4 AND 5. ENGLEWOOD HEIGHTS SUBDIVISION , CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO. City Attorney Berardini asked the private party involved in this transaction, Mr . William F. Davis, if he would be willing to grant to the City an easement for the purposes of maintaining the City Ditch with the provision that if the ditch should be piped then the easement would be returned to him. Mr . William F. Davis was in attendance and stated that he and his wi f e a greed to the condition as stated by the City Attorney. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO . 24 ON FINAL READING WITH THE ADDITION OF THE EASEt-ffiNT TO BE SUPPLIED BY THE CITY ATTORNEY. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. ORDINANCE NO . SERIES OF 1979-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 25 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE APPROVING AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER , ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS, AND THE CITY OF ENGLEWOOD, COLORADO . KNOWN AS THE "CITY DITCH AGREEMENT", WITH CER- TA IN AMENDMENTS . COUNCILMAN WILLIAMS HOVED TO PASS COUNCIL BILL NO. 25 ON FIRST READING. Councilman Weber seconded the motion . Councilman Sm i th state d he opposed the bill becaus e he and s everal other c i tizens were under the i mpression that it was going to • I • • - 0 • ( • May 7, 1979 Page 18 • • • be closed in the next three to five years ; thus g~v~ng property owners additional use of their property . The term of the agreement is for twenty years; consequently, the ditch may never be closed. Councilman Clayton opposed the bill because the term of the a g reement is too long. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Mann, Williams, Weber, Harper, Taylor. Council Members Clayton, Smith. The Mayor declared the motion carried. RESOLUTION NO . 18 SERIES OF 1979 * * * * * * A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FEE SIMPLE INTEREST AND EASEMENT IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD, COLORADO, TO PROVIDE A SITE FOR CONSTRUCTION OF A WATER STORAGE STRUCUTRE. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 18, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll,the vote resulted as follows: Ayes: Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried . RESOLUTION NO. 19 SERIES OF 1979 * * * * * * A RESOLUTION APPROVING THE APPLICATION OF PAUL H. DAGHLIAN AND SHAKE' T. DAGHLIAN, DOING BUSINESS AS PAUL'S RESTAURANT & PIZZERIA, FOR A HOTEL AND RESTAURANT LICENSE TO BE LOCATED AT 3542 SOUTH FOX, ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON ~toVED TO PASS RESOLUTION NO . 19, SERIES OF 1979. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows : • I • • t ( • May 7, 1979 Page 19 Ayes : Nays : • • .. • Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Hayor declared the motion carried. RESOLUTION NO. 20 SERIES OF 1979 * * * * * * A RESOLUTION APPROPRIATING $50,000 FROM THE WATER FUND TO THE ADMINISTRATIVE AND GENERAL ACCOUNT TO PROVIDE AN EMERGENCY FUND TO ASSIST IN DEFRAYING THE COST OF THAWING WATER SERVICE LINES AND TO ESTABLISH QUALIFICATION FOR COMPENSATION THEREFOR. City Attorney Berardini noted in the fourth paragraph "92" should be changed to "93". COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 20, SERIES OF 1979. Councilman Smith seconded the motion. Councilman Clayton noted that the resolution contains no upper limit on all claims. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council l1embers Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. RESOLUTION NO. 21 SERIES OF 1979 * * * * * * A RESOLUTION AUTHORIZING MACLEE RADIO, INC. AND WESTERN BROADCAST- ING CORPORATION A THREE MONTH EXTENSION OF THE LEASE OF JANUARY l, 1972 . COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO . 21 , SERIES OF 1979. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Hembers Clayton, Mann, Williams, Weber, Smith, Harper, Taylor . • I • • ( ( • May 7, 1979 Page 20 Nays : None. • • .. The }1ayor declared the motion carried. * * * * * * City Attorney Berardini reported on the status of the case Oliner vs. the City, involving the property upon which the Police/Fire Center is located. Mr. Berardini stated the Colorado State Supreme Court has refused to accept the case; and the lower court decision stands. Therefore, the law suit is completed and the City may exercise its option to purchase the land according to the terms of the lease after 1995. Mr. Berardini stated he would prepare a broader report on the case at a later date. * * * * * * City Manager McCown presented a memorandum from the Director of Public Works to the City Manager concerning the speed limit on South Elati Street. Mr. McCown stated the results of the study conducted by the Traffic Engineer indicate that 25 miles per hour in this area is an adequate speed. Mr. McCown stated the Traffic Engineer also points out that the Model Traffic Code stipulates that 25 miles per hour will be in the speed limit in business districts. Mr. McCown stated the cross walk intersection at Girard Street will be restriped and Police Chief Holmes will ask for selective enforcement of the speed limit in this area. Mr. McCown stated staff does not recommend that the speed limit be changed to 15 miles per hour. Council discussed the problem of pedestrian cross walks in this area. Council requested the City Manager to report back on some of their suggestions. City Manager McCown stated he would request that the study be broadened and follow up with recommendations. RESOLUTION NO. 17 SERIES OF 1979 * * * * * * A RESOLUTION SUPPORTING THE DENVER REGION ELEMENT OF THE STATE IMPLEMENTATION PLAN THROUGH COMMITMENT TO IMPLEMENT SPECIFIC AIR PO LLUTION CONTROL MEASURES AND TO CONSIDER FOR IMPLEMENTATION THOSE ADDITIONAL MEASURES RECOMMENDED AS THE RESULT OF FURTHER EVALUATIONS TO BE CONDUCTED UNDER THE CONTINUING AIR QUALITY PLANNING PROCESS. Director of Community Development Wanush appeared before Council and discussed the commitments by which passage of the resolution would obligate the City. Councilman Mann opposed the concept of the resolution on the basis that the agency is no long er advising the City of Englewood but • I • • t ( • May 7, 1979 Page 21 • • • dictating to it; thereby, taking away local authority of local pro-blems. Councilman Harper stated there has to be a coordinating agency in the region if anything is going to be done about pollution. COUNCILMAN WEBER MOVED TO PASS RESOLUTION NO. 17, SERIES OF 1979. Councilman Harper seconded the motion. Councilman Smith expressed concern on how the plan was g oing to be financed. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Clayton, Williams, Weber, Harper, Taylor. Nays: Council Members Smith, Mann. The Mayor declared the motion carried. Mr. Bill Howard, 1411 East Dartmouth Avenue, was granted per- mission to appear before Council. Mr. Howard stated Englewood has been designated as a regional activity center and any future acquiescence to clean air plans will have a direct effect on the City's economy . Mr. Howard suggested that before the restrictions get more specific relative to clean air, negotiations be started with DRCOG to get some kind of a balance between their commitment to RTD facilities in this area against their requirements for clean air. * * * * * * City Manager McCown presented the six quarter budget for April 1979 through September 1980 and the recommendations contained therein. RESOLUTION NO. 22 SERIES OF 1979 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND, REVENUE SHARING FUND, AND GENERAL FUND BUDGETS FOR 1979. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 22, SERIES OF 1979. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor . None. • I • • ( • May 7, 1979 Page 22 • • • The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO AUTHORIZE THE MAYOR TO SIGN THE GRANT RECEIVED FROM THE STATE HOUSING DIVISION IN THE AMOUNT OF $35,000 FOR THE REHABILITATION PROGRAM. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None . The Hayor declared the motion carried. * * * * * * City Manager McCown stated the City has been notified by the Bureau of Outdoor Recreation of acceptance of a grant for $250,000 for the river redevelopment. Mr. McCown stated the grant is matching monies for 1980 and the staff is studying the accounting procedures to facilitate the grant. * * * * * * Mayor Taylor reminded Council of numerous items which need to be discussed and disposed. Mayor Taylor proposed a day-long study session as soon as possible. COUNCILMAN MANN MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE ON THE REPAIR, REPLACEMENT, LOWERING AND THAWING OF FROZEN WATER LINES IN THE CITY'S PUBLIC RIGHT-OF-WAY. Councilman Smith seconded the motion. Councilman Weber stated he would like to discuss the matter at a study session to avoid making amendments to a final draft. Councilman Mann withdrew his motion . Councilman Smith with-drew his second to the motion. Council agreed to discuss the frozen water line matter in a study session. Council agreed to set aside May lOth at 6 :00 p.m. to discuss labor negotiations in an executive study session. * * * * * * Mayor Taylor stated the Englewood High School marching band has been invited to participate in the annual Rose Bowl parade. Mayor • I • - t • • May 7, 1979 Page 23 • • • Taylor asked Council to help these students find jobs because each student has to pay his or her own way. * * * * * * Councilman Clayton requested a bulletin of the list of times and dates for the meetings that have been set up during this meeting. * * * * * * There was no further business to be discussed . * * * * * * Mayor Taylor adjourned the meeting without a vote at 11:45 p.m . • I • c • REGULAR MEETING : • • • COUNCIL CHAMBERS CITY OF ENGLEWO OD, COLORADO May 7, 1979 ICL The City Counc i l of the City of En g lewood, Arapahoe Count y , Colo rad o , me t i n r e g u l ar s ess i on at 7:30p.m . on Ma y 7, 1979 . Th e i n vocation was given by the Reverend Ros emary Morris , En g lewood Mayflower Con greg at i onal Church, 3001 South Acoma Street . Th e Pledge o f Alle giance was led by Boy Scout Troop #92. Mayor Ta y lor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. · Absent: None. The Mayor declared a quorum present. * * * * * * Also present were : City Mana g er McCown Assistant City Manager Curnes City Attorney Berardini Director of Community Development Wanush Assistant Director of Communit y Develop- ment Reddy Director of Utilities Fonda Director of Finance/ex officio City Clerk James Deputy City Clerk Watkins * * * * * * COUNCILMAN SM ITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEE TI NG OF APRIL 16 , 1979 . Counc i lman Weber seconded the motion . Upon a ca ll of the roll, the vote resulted a s follows: Ay es: Co unc i l Me mbers Clayton, Mann, Will i a ms, We b e r , Sm ith, Harper, Taylor. Nays : None. The Mayor decl a red the motion carried. * * * * * * • I • ( ( ( • May 7, 1979 Page 2 • • - Mayor Taylor encouraged everyone to vote in the school board election, May 8, 1979. * * * * * * COUNCILMAN WILLIAMS MOVED TO APPROVE THE PROCLAMATION DECLAR- ING THE MONTH OF MAY, 1979, AS "YOUTH MONTH". Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Clayton, Mann, Williams, Weber , Smith, Harper, Taylor. None. The Mayor declared the motion carried. Deputy Clerk Watkins read the proclamation and Mayor Taylor presented it to the pre-scheduled visitor Mr. Harry Musser, 5065 South Huron Street, P.E.R. Englewood Elks . Mr. Musser thanked Council for this recognition. * * * * * * Pre-scheduled visitor, Mr. Leonard A. Billingham, 4363 South Grant Street, was present. Mr. Billingham requested approval of an encroachment into the City's right-of-way for a 34-inch split-rail fence which has been installed across the front of his property. Director of Community Development Wanush appeared before Council and stated there were no objections to Mr. Billingham's re- q uest . Director Wanush stated Assistant Director of Community Develop- ment Romans has discussed with Mr. Billingham that by signing the agree- ment he is committed to removing the fence upon request from the City. COUNCILMAN CLAYTON MOVED TO BRING FORWARD AGENDA ITEM 6E "MEMORANDUM CONCERNING THE ENCROACHMENT REQUEST AT 4363 SOUTH GRANT STREET". Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. COUNCILMAN CLAYTON HOVED TO APPROVE THE ENCROACHMENT REQUEST FOR MR. LEONARD BILLINGHAM, 4363 SOUTH GRANT STREET. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • - ( 0 • ( • May 7, 1979 Page 3 Ayes: Nays : • • • Council l1 embers Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * Hr. Charles Roland, 424 West Oxford Avenue , appeared before Council on behalf of Mrs . Dorothy Roland. Mr. Roland requested Coun- cil's approval to install a 48-inch chain link fence along the front and to the side of their property which would encroach into the City's ri&ht-of-way on South Elati Street and West Oxford Avenue. Director Wanush appeared before Council and stated there were no objections to the request. Mr. Wanush stated it would be appro- priate to grant the encroachment if the fence is no higher than 42 inches required by ordinance for fences installed in front yards. COUNCILMAN CLAYTON MOVED TO BRING FORWARD AGENDA ITEM 6F "MEMORANDUM CONCERNING THE ENCROACHMENT REQUEST AT 424 WEST OXFORD AVENUE". Councilman Hann seconded the motion. Upon a call of the roll, the vote resulted a s follows: Ayes : Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. COUNCILMAN CLAYTON MOVED TO APPROVE THE ENCROACHMENT REQUEST FOR MRS. DOROTHY ROLAND, 424 WEST OXFORD AVENUE, WITH THE STIPULATION THAT THE FENCE NOT BE OVER FORTY-TWO (42) INCHES HIGH. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as foll ows : Ayes : Nays: Council Members Clayton, Mann, Williams, We ber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * Director of Utilities Fonda appeared before Council and dis- cussed the bids received for the Allen Water Treatment Plant additions and improvements, Dartmouth Avenue Pump Station and Bear Creek Pump Station modifications, and the elevated tank. Mr. Fonda stated he • I • • l c • May 7, 1979 Page 4 • • • h a d recommendations for all the projects except the elevated tank and that recommendation would be forthcoming at the next regular Council meeting. Mr. Fonda recommended that Council accept the following bids : Project Allen Treatment Plant Dartmouth & Bear Creek Pump Stations Water Transmission Mains TOTAL Contractor Olson Construction Co . Po wder Horn Constructors Holsam Concrete Co. Bid $ 4,708,496 .00 184,496.00 2,498,146.00 ~ 7,391,395.00 Mr. Fonda stated the low bidder for the Allen Treatment Plant was Petry-Vappi; however, they re~uested to be withdrawn claiming they had made a mathematical error. Mr. Fonda stated the City Attorney has advised him that collection of the bid bonds from Petry-Vappi would probably be unsuccessful; therefore, that was why he was recom- mending the Olson Construction Co. Mr. Fonda added the bid from Holsam Concrete Co . included $10,975.00 for the polyethylene encasement of the pipes. COUNCILMAN HARPER MOVED TO ACCEPT THE BIDS PRESENTED FOR THE ALLEN TREATMENT PLANT TO OLSON CONSTRUCTION COMPANY OF $4,708,496.00 ; FOR THE DARTMOUTH AND BEAR CREEK PUMP STATIONS TO POWDER HORN CON- STRUCTORS OF $184,496.00; AND FOR THE WATER TRANSMISSION MAINS TO HOLSAM CONCRETE COMPANY OF $2,498,146 .00. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper , Taylor. None . The Mayor d e clared the mot i on carried . * * * * * * Pre-scheduled visitor, Mr. Lynn Massa, 4795 South Broadway a p peared before Council . Hr. Massa discussed his objections to the Ci ty moving Fire Station #3 to property adjacent to his property. Mr . Mass a stated from a community standpoint the relocation would be un- des irable because the streets are too narrow percipitating traffic problems . Also, there were several schools in the area making it h azardous for school children. From a personal standpoint, Mr. Massa stated he felt it would force him out of business because the lot he uses for parking would be taken by the City. Mr. Massa stated if • I • ( • • • •' .. Ma y 7, 1979 P a g e 5 the City would change the zoning of certain property in that area to comm ercial then he proba bly would not be hurt. Mr. Ma ssa stated there were several locations on Broadway t ha t were not mee ting code; n amely, tempor ary buildings with no fo undations at: 3778 South Broadway 3940 South Bro adway -two semi-trailers we re paked out i n t he back lot 38 00 South Bro adway Quincy and South Broadway 4480 South Broadway * * * * * * Pre -scheduled visito r, Mr. Elmer Schwab, 4795 South Inca Street, appeared before Council and discussed his concerns about re- location of Fire Station #3. Mr. Schwab objected to spending money to relocate the st ation a n d fel t it should be spent helping thos e people who had frozen water pipes last winter. Mr. Schwab suggested del a yin g the move until the State De partment of Highways widens Belleview at which time they would have to take the financial responsibilit y of relocating it. Mr. Schwab stated the proposed location is hazardous fo r the same reasons stated b y Mr. Massa. Mr. Schwab stated the pre- sent location serves it purpose and encouraged Council to study the mat ter further. * * * * * * Pre-scheduled visitor , Mrs. Laura Dreher, 1305 East How e ll, Seattle, Washington, appeared before Council. Mrs . Dreher stated she receives her sole income from the property located at 4811 South Broad- way and would be forc ed to sell it if the City relocates the fire station a t the corner of Layton and Acoma Streets. Pre-scheduled visitor, Mr. Stephen Dreher, 54 West Layton Av enue, and Mr. Michael Haran, appeared before Council and presented a r g u ments on the proposed relocation of Fire Station #3. They pre- s ented a map illustrating current fire station locations and each station's re sponse time . Mr. Dreher questioned why the relocation was necessary. City Manager McCown stated there were too many traffic pro- blems on Belleview Avenue. The results of a study conducted in 1973 by P ublic Technolo g y, Incorporated, identified this particular fire sta t i on to be in the wron g location and recommended moving it further to the north and east. Mr . McCown stated funds were first appropriated i n 1973 ; however , the proj ect has been given a low priority until this y ear. Mr. Dreher op p osed the proposed site for the following rea- s ons : 1) it would involve the taking of a residential home ; 2) the fire • I • • - • , • May 7, 1979 Pag e 6 • • • truck would go by the front of two schools; 3) time would be lost traveling over the dips in the street on Clayton; 4) the traffic is too heavy for access onto South Broadway; 5) the streets are too narrow on Layton and Acoma; and 6) parking would probably be banned at the businesses of Massa Glass, the Tackle shop, neighboring apartment buildings and single-family residences in the area. Mr. Dreher suggested the following alternatives: 1) renovate the volunteer fire station at Quincy and Federal; 2) relocate at Tufts and Navajo where there are no residential homes, two lots are for sale, and close access to schools and major arterials. Mr. Dreher stated he hoped his agruments proved a need for further study on the proposed relocation of Fire Station #3. Pre-scheduled visitor, Mrs. Betty J. Wike, 4985 South Huron, appeared before Council. Mrs. Wike stated several people in her neigh- borhood want to keep the station at its present location. Mrs. Wike stated she was a member of the Dreher family, grew up in the area of the proposed site, and would be disappointed to see the City take it. Mrs. Wike asked that the small merchants not be forgotten and some of them would be hurt if the parking was taken away. She felt the traffic problems would be just as bad on Broadway as they are now on Belleview. She appealed to Council not to take away the property owned by her sister-in-law, Mrs. Laura Dreher. Mrs. Wike asked the audience for a show of hands of those who were in support of Mrs. Dreher. Approxi- mately 40 people held up their hands. COUNCILMAN MANN MOVED TO BRING FORWARD AGENDA ITEM 7D "A RESOL!ITION CONCERNING THE RELOCATION OF A FIRE STATION". Councilman Williams seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes : Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Hayor declared the motion carried. COUNCILMAN MANN MOVED TO POSTPONE THE RESOLUTION FOR TWO COUNCIL MEETINGS UNTIL THE FIRST COUNCIL MEETING IN JUNE. Council- man Williams seconded the motion. Ayes : Council Members Clayton, Mann, Williams, Harper, Taylor . Nays: Council Members Weber, Smith. The Mayor declared the motion carried. Councilman Smith stated postponement would not accomplish anything without additional information, citizen input and planned '"-- I • • ( • May 7, 1979 Page 7 • • • presen tations from staff . Councilman Smith stated there needs to be an open forum for citizen input. COUNCILMAN MANN MOVED TO SET A PUBLIC HEARING FOR MAY 14 , 1979, TO CONSIDER THE RELOCATION OF FIRE STATION #3, AT 8 :00P .M. No tion died for lack of a second. COUNCILMAN SMITH MOVED TO SET A PUBLIC HEARING ON TUESDAY, MAY 22, 1979, AT 7 :00 P.M . TO DISCUSS THE MATTER. Councilman Mann seconded the motion. Councilman Smith withdrew his motion because the date con- flict ed with a Planning and Zoning Commission hearing. Councilman Mann withdrew his second to the motion. COUNCILMAN WILLIAMS MOVED TO SET A STUDY SESSION FOR MAY 29, 1979, AT 7:00P.M. AT THE POLICE/FIRE CENTER TO DISCUSS THE ~~TTER. Councilman Man n seconded the motion. Councilman Clayton requested that Council pursue City Manager McCo wn's suggestion in that letters be written to all property owners in the areas of all the proposedsites notifying them of the study session and that full information be available to Council on each site. Councilman Har~er requested an impact statement on each one of the sites for Council s information. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor . None. The Mayor declared the motion carried . * * * * * * Pre-scheduled visitor, Mrs. Audrey Scott, 2926 South Galapago Street , appeared before Council and discussed the frozen water line pro- blem. Mrs. Scott stated she was representing a newly-formed organization cal led the MMI. Mrs. Scott stated the proposed resolution for partial reimbursement to citizens who had frozen water lines this winter is discriminatory and represented a special interest group because reim- bursement depends upon one's a nnual income and who can say who can for unthawin g frozen water lines. Mrs. Scott stated the MMI favors full reimbursement for everyone . Mrs. Scott questioned the credibility of the Denver Regional Council of Governments from which certain information was taken to prepare the resolution. Mrs. Scott suggested the following courses of action concern- ing the problem: 1) defeat the resolution and redevelop a plan that would • "- I • r • May 7, 1979 Pag e 8 • • • p rovide for complete and total reimbursement for all pe op le ; 2) de- cide what to do about future freezes; and 3) pass an or d inance whe r e- b y the City assumes responsibility for water mains in the City 's rig ht-of-way. Mrs. Scott stated the MMI recommends defeat of the re - s o lution after which will come repercussions to get the gove r nment back to the people. When asked by Councilman Smith for what did the initial s MMI stand, Mrs. Scott refused to answer. * * * * * * Pre-scheduled visitor, Mr. Jack Patterson, 3587 South Ogden Street, appeared before Council Mr. Patterson stated he was present because Council did not vote on his petition presented at their meet- ing of April 2, 1979, to remove Councilman Donald Weber from his seat in Council District #2. Mr. Patterson submitted another petition con-cerning his same prior request. * * * * * * Mayor Taylor asked if there were any other visitors in the audience wishing to speak at this time. Mrs. Patterson, appeared before Council and requested infor- mation on the Senior Surrey. Mayor Taylor stated he had received additional information and would get in contact with her the next day. Mr. George H. Allen, 2799 South Downing, appeared before Council and discussed the challenge to remove Councilman Donald Weber from his district. Hr. Allen stated the issue has drawn much interest i n his neighborhood from those citizens who were satisfied with Mr. Weber's performance on the Council. Mr. Allen stated these people are wi lling to offer full support to keep Mr . Weber on Council. Hr. Allen as ked for a show of hands of those people who supported Mr. Weber. Ap p roximately 40 people raised their hands. Mr. Russell Reeme, 220 West Layton Avenue, appeared before Co uncil and questioned why does Council need 2/3 vote to pass the em erg ency reimbursement water line resolution when it is not required on other matters. Mayor Taylor stated the issue was on the agenda and asked if Mr. Reeme had heard the discussion on this matter at the study sess ion. Mr . Reeme indicated that he had. Mr. Bob Brundag e, 4140 South Huron , appeared before Council an d spoke in opposition to some i ssues raised by some citizens who h ave spoken out again s t the Ci t y Council . Mr . Brundag e asked that such I • ( • May 7, 1979 Page 9 • • • '--- actions be brought to a halt in order that Council could return to more important issues . He stated there were a lot of positive- thinking citizens in Englewood and it is not their intention to let the harassment continue. Mr. Doug Sovern, 4550 South Knox Court, Council and offered his full support to Council. the attacking of elected officials and stated the what qualifications does t~e petitioner have that vestigat e the Council. appeared before Mr. Sovern opposed citizens should ask allo~£ him to in- Mrs.Isabella Knight, 3021 South Lincoln, appeared before Council. Mrs. Knight stated she was one of the people who had written letters in the newspapers. Mrs. Knight stated she wrote the letters not to talk about someone but to bring up issues about which she felt the p ublic should be concerned . Mrs. Knight stated she did not want to cause dissention between the Council and the citizens but rather wanted them to work together. Mrs. Knight stated she had become ill from the smoke-filled room and wished that smoking would not be per- mitted at public meetings. Councilman Clayton spoke on the matter of serving as a coun- cilman and a personal incident involving his son . Mr. Clayton stated peopl e must respect each other's right to disagree. Mrs. Beverly Howell, 3255 South Delaware, appeared before Council and asked for identification of an area designated for low cost housing in the City of Englewood. Mrs. Howell referred to a re- cent article appearing in the Englewood Citizen concerning the matter. Director Wanush appeared before Council and explained what target area was being staged for rehabilitation loan eligibility. Mr. Wanush stated the article discusses more subjects than just the re- habilitation loan program. Mr. Truman Davis, 2721 South Og den, appeared before Counc il. Mr. Davis stated he was proud of his councilman and would like to have l'!r. Jack Patterson and whoever is behind him investigated . Mrs. Frances Howard, 645 East Yale Place, appeared before Coun cil. Mrs. Howard stated the actions that have taken place in the last few weeks against certain council members would deter any qua lified person from running for election in November . Mayor Taylor expressed appreciation to the people who came to the meeting. The Mayor also expressed the pride he felt in being a part of the City of Englewood. * * * * * * Mayor Taylor declared a recess at 9 :30p .m. The Council re- convened at 9 :45 p.m. May or Taylor asked for roll call. Upon a call of the roll, the following were present: I • ( • May 7, 1979 Page 10 • • • Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent : None. The Mayor declared a quorum present. * * * * * * COUNCILMAN MANN MOVED TO OPEN THE PUBLIC THE COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION. seconded the motion. Upon a call of the roll, the follows: HEARING TO CONSIDER Councilman Clayton vote resulted as Ayes: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. Nays: None. The Hayor declared the motion carried. Director of Community Development Wanush appeared before Com1cil and presented the grant application. Mr. Wanush stated the application is for the United States Department of Housing and Urban Development for $226,000 to be used solely for housing rehabilitation in the City of Englewood. Mr. Wanush stated the $226,000 would be used to subsidize loans in the existing program and would allow the program to continue for another two years. Mr. Wanush explained the philosophy for focusine on one particular target area and which areas will be emphasized under the program . Mr. Wanush stated the Planning and Zoning Commission has a pp roved the Housing Assistance Plan and the amended target areas are a p art of the proposed comprehensive plan soon to be transmitted to Co uncil. Mayor Taylor asked Mrs. Howell if her previously-stated q uestions had been answered. Mrs. Howell stated that they had been. Mayor Taylor asked if anyone in the audience wished to speak in favor of the application . No one responded. Mayor Taylor asked if anyone in the audience wished to speak agains t the application . No one responded. COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Council- ma n Harper seconded the motion. Upon a call of the roll, the vote re-s ulted as follows: ..._ __ I • ( • • May 7, 1979 Page 11 Ayes: Nays: • • .. Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. COUNCILMAN SMITH MOVED THAT THE CITY MANAGER BE ALLOWED TO SIGN THE COMMUNITY BLOCK GRANT APPLICATION. Councilman Clayton se conded the motion. Upon a call of the roll, the vote resulted as follows : Ay es : Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN HARPER MOVED TO OPEN THE PUBLIC HEARING TO CON- SIDER THE REQUEST FOR A SPECIAL EVENTS PERMIT FOR BEER, WINE, AND LIQUOR FOR ALL SOULS CATHOLIC CHURCH ON JUNE 9 AND 10, 1979. Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. Mr. James Sprinkle, 500 East Grand, appeared before Council as a representative from All Souls Catholic Church. Mr. Sprinkle submi tted the photograph of the notice for a public hearing and re- ques ted that Council grant the special events permit. Mayor Taylor asked if anyone in the audience wished to speak in objection to the special events permit. No one responded. COUNCILMAN HARPER MOVED TO CLOSE THE PUBLIC HEARING. Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Counc il Members Clayton, Mann, Williams, Weber, Smith , Harper, Taylor. None. The Mayor declared the motion carried . • ~-- I • • - ( • • May 7, 1979 Page 12 • • • COUNCIU1AN WILLIA11S HOVED TO GRANT THE SPECIAL EVE NTS PERMIT FOR BEER, WINE, AND LIQUOR FOR ALL SOULS CATHOLIC CHURCH ON JUNE 9 AND 10, 1979 . Councilman Hann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Clay ton, Mann, Williams, Weber, Smith, Harper, Taylor. None . The Mayor declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) (e) (f) Hinutes of the Housing Authority meetings of February 27 and Mar~h 22, 1979. Minutes of the Board of Adjustment and Appeals meeting of March 14, 1979. Minutes of the Board of Career Service Commis- sioners meeting of March 15, 1979. Hinutes of the Planning and Zoning Commission meeting of April 3, 1979. Minutes of the Animal Control Committee meeting of April 23, 1979. Memorandum from the Director of Public Works to the City Manager concerning snow and ice control. Councilman Mann asked for a status report on item (e). Mr. Thad Carson, 3990 South Jason, Chairman of the Animal Control Commi ttee appeared be fore Counc il. Mr. Carson stated the Committee will vote next Monday night whether or not to accept a licensed veterinar ian as a member. Mr. Carson stated there had be e n miscom - muni cation concerning the Committee's next meeting but the misunder-s tanding had been corrected. * * * * * * City Manager McCown presented the minutes of the Public Librar y Board meeting of April 10, 1979, with a recommendation that app ropriate action be taken to fi ll the vacancy on the Library Board. City Manager McCown stated the vacancy expires February 1, 1980 . "-- I • ( • May 7, 1979 Page 13 • • • COUNCILMAN CLAYTON MOVED TO ACCEPT THE RECOMMENDATION AND TO SCHEDULE DISCUSSION ON THE RECOMMENDATION AT THE NEXT REGULAR STUDY SESSION. Councilman Mann seconded the motion . Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None . The Mayor declared the motion carried. City Manager McCown stated the letters of application for the vacancy would be included in Council's next agenda packet. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Commission meeting of April 12, 1979 with two recom- mendations. The first recommendation concerns the land east of the Malley Senior Recreation Center. Mr. McCown stated the Commission recommends that the City purchase the property east of the Malley Center to be used for additional parking . Mr. McCown stated the property is the one about which the Englewood Centennial Bi-Centennial Foundation Administrative Committee appropached Council several month ago; and discussed their proposal to give Council certain monies to purchase the property if Council would match their funds. Mr. McCown stated both he and Mayor Taylor were designated to negotiate terms with the Com-mittee and negotiations are still on-going. COUNCILMAN CLAYTON MOVED TO RECEIVE THE RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION. Councilman Harper seconded the mo tion . City Manager McCown explained in detail the status of the negotiations between the Committee and the City on the matter. Mr. McCown stated the Committee is presently underg oing evaluation of its purpose and capabilities . Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper , Taylor. None. The Mayor declared the motion carried. Mr. Dou g Sovern, 4550 South Knox Court, appeared before Council and spoke on the Centennial-Bi-Centennial Foundation. Mr. Sovern stated he recalled that the City was to match funds with the ..._ __ I • ( • May 7, 1979 Pa g e 14 • • • Committee on a specific ratio as outlined in the original agree- ment to make sure that any money contributed for a specific purpose was used for that purpose at least up to the original liability. Mr . Sovern doubted that the Foundation was doing that. Mr. McCown stated the second recommendation from the Parks and Rec reation Commission concerns the golf ball problem. Mr. McCown referred to the suit brought against the City by Mr. Byron Sutton for property damages. Mr. McCown stated the Commission has offered the fo llowi ng three alternatives to the problem : 1) construct a screen '---- 30 feet high and 60 feet long adjacent to the tee box -the aesthetic result would be grotesque but the effectiveness good ; 2) plant six tall pine trees 20 -25' on the bank of the creek at $700 -$800 per tree -the aesthetic result would be good as well as the effectiveness; 3) stimulate growth of the existing trees for a cost of $500 over a three year period. Mayor Taylor discouraged Council to pay the claim of Mr. Sutton's on the basis of setting a precedent for future claims. Councilman Smith queried the City Attorney on the possibility of buying insurance coverage for this type of claim. City Attorney Berardini stated his office researched the pro- blem with other golf courses in Denver. Mr. Berardini reported that the federally-owned clubs will pay damages done to vehicles or resi- dences which lie in the fairway. Of the other clubs that were checked, all stated it was the responsibility of the individual golfer to pay for damages he or she may have caused. Mr. Berardini stated the Council may want to consider at a later time looking into possibilities of buy ing protection to cover suchdaims. COUNCILMAN HARPER MOVED TO PROCEED WITH THE PLANNED PROGRAM NOW IN EFFECT AT THE GOLF COURSE TO ELIMINATE THE PROBLEM OF GOLF BALLS THAT ARE HIT INTO THE TRAILER COURT WHICH IS ALTERNATE /t3. Coun- cilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follow s : Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Sm i t h, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * Director of Utilities Fonda appeared before Council and pre- sented the minutes of the Water and Sewer Board meeting of April 23, 1979, and the recommendations to approve the contract with the Colorado Water Conservancy District Groundwater Management Subd is trict, to approve I • • l { • --~:x:,._......_ May 7, 1979 Page 15 • • - Supplement #66 Southgate Sanitation District and to approve Supple- ment #67 Southgate Sanitation District contained therein. COUNCILMAN CLAYTON MOVED TO APPROVE THE AGREEMENT WITH THE COLORADO WATER CONSERVANCY DISTRICT GROUNDWATER MANAGEMENT SUB- DISTRICT FOR LEASE OF RAW WATER. Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council t1embers Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. COUNCILMAN CLAYTON HOVED TO APPROVE SUPPLEMENT lt66 TO THE SOUTHGATE SANITATION DISTRICT. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Hayor declared the motion carried. COUNCILMAN CLAYTON MOVED TO APPROVE SUPPLEMENT lt67 TO THE SOUTHGATE SANITATION DISTRICT . Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented the request for a 3.2 beer license renewal -consumption off the premises -for the 7-ll Store, 2705 South Broadway. Mr. McCown stated the request had been tabled until this meeting because more information was needed to explain why the applicant had responded affirmatively to the question, "Have you ever had your license suspended or revoked?". Mr. McCown stated after investigation, it was discovered that there had been no violations of the liquor code by this particular store in the City of Englewood. The firm operates several stores throughout the south and southwestern p art of the United States, some of which have had their licenses re- voked. Mr. McCown stated the firm wanted to be completely honest in applying for a renewal license . • '--- I • • • Ma y 7, 1 979 Page 16 • • • COUNCILMAN WILLIAMS MOVED TO RENEW THE LICENSE FOR 3.2 BEER - CONSUMP TION OFF THE PREMISES -FOR THE 7-11 STORE, 2705 SOUTH BROAD- wa y. Councilman Weber seconded the motion. Upon a call of the roll, t h e vote resulted as follows: Ayes: Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. ORDINANCE NO. 20 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 21 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE AMENDING SECTION 5 (f), CHAPTER 1, TITLE X, of the '69 E.M.C., AUTHORIZING THE PARKS AND RECREATION COMMISSION TO APPOINT A SENIOR CITIZENS ADVISORY COMMITTEE AND THE COMMITTEE BE REVIEWED BY COUNCIL AT EVERY THREE-YEAR INTERVAL. City Attorney Berardini noted that the two paragraphs under 10-l-5: POWERS AND DUTIES be reversed and that the paragraph appearing in capital letters be made subsection (f) and the para- g raph appearing in lower case be made subsection (g). COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 21 ON FI NAL READING. Councilman Weber seconded the motion. Councilman Clayton stated he was in agreement with the basic intent of the bill; however, he thought it was not a good i dea to have independent boards and agencies of the City appointing o ther boards and a g encies. Mr. Clayton stated he though a ppoint-men t s should require Council approval. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Mann, Williams, Weber, Smith, Harper, Taylor . Council Member Clayton. The Mayor declared the motion carried. * * * * * * "-- I • • • May ·7 , 1979 Page 17 ORDINANCE NO. 2 1 SERIES OF 1979 • • • BY AUTHORITY COUNCIL BILL NO . 2 4 INTRODUCED BY COUNCILMEN MANN/SMITH AN ORDINAN CE VA CATING PART OF A STREET BETWEEN BLOCKS 4 AND 5, ENGLEWOOD HEIGHTS SUBDIVISION, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO . City Attorney Berardini asked the private party involved in this transaction, Mr. William F. Davis, if he would be willing to grant to the City an easement for the purposes of maintaining the City Ditch with the provision that if the ditch should be piped then the easement would be returned to him. Mr. William F. Davis was in attendance and stated that he and his wife a greed to the condition as stated by the City Attorney. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 24 ON FINAL READING WITH THE ADDITION OF THE EASE~ffiNT TO BE SUPPLIED BY THE CITY ATTORNEY . Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None . The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979---- * * * * * * BY AUTHORITY A BILL FO R COUNCIL BILL NO . 25 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE APPROVING AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS, AND THE CITY OF ENGLEWOOD, COLORADO , KNOWN AS THE "CITY DITCH AGREEMENT", WITH CER-TAIN AMENDMENTS . COUNCILMAN WILLIAMS HOVED TO PASS COUNCIL BILL NO. 25 ON FIRST READING. Councilman Weber seconded the motion. Councilman Smith state d h e opposed the bill because he and several other citizens we re under t he impression that it was going to ...._ __ I • • May 7, 1979 Page 18 • • • be closed in the next three to five years; thus g~v~ng property owners ad ditional use of their property. The term of the agreement is for twenty years; consequently, the ditch may never be closed . Councilman Clayton opposed the bill because the term of the a g reement is too long. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Mann, Williams, Weber, Harper, Taylor. Council Members Clayton, Smith. The Mayor declared the motion carried. RESOLUTION NO. 18 S;ERIES OF 1979 * * * * * * A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FEE SIMPLE INTEREST AND EASEMENT IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD, COLORADO, TO PROVIDE A SITE FOR CONSTRUCTION OF A WATER STORAGE STRUCUTRE. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 18, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll,the vote resulted as follows: Ayes: Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor . None. The Mayor declared the motion carried . RESO LUTION NO. 19 SERIES OF 1979 * * * * * * A RESOLUTION APPROVING THE APPLICATION OF PAUL H. DAGHLIAN AND SHAKE' T. DAGHLIAN, DOING BUSINESS AS PAUL'S RESTAURANT & PIZZERIA, FOR A HOTEL AND RESTAURANT LICENSE TO BE LOCATED AT 3542 SOUTH FOX , ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO . 19 , SERIES OF 1979. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: "-- I • - • • < • May 7, 1979 Page 18 • • • be closed in the next three to five y ears; thus g~v~ng property owners additional use of their property. The term of the agreement is for twenty years; consequently, the ditch may never be closed. Councilman Clayton opposed the bill because the term of the agreement is too long. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Mann , Williams, Weber , Harp er, Taylor. Council Members Clayton, Smith. The Mayor declared the motion carried. RESOLUTION NO. 18 S~RIES OF 1979 * * * * * * A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FEE SIMPLE INTEREST AND EASEMENT IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD, COLORADO, TO PROVIDE A SITE FOR CONSTRUCTION OF A WATER STORAGE STRUCUTRE. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 18, SERIES OF 1979. Councilman Harper seconded the motion . Upon a call of the roll,the vote resulted as follows: Ayes : Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None . The Mayor declared the motion carried. RES OLUTION NO. 19 SERIES OF 1979 * * * * * * A RES OLUTION APPROVING THE APPLICATION OF PAUL H. DAGHLIAN AND SHAKE' T. DAGHLI AN, DOING BUSINESS AS PAUL'S RESTAURANT & PIZZERIA, FOR A HOTEL AND RESTAURANT LICENSE TO BE LOCATED AT 3542 SOUTH FOX, ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON HOVED TO PASS RESOLUTION NO . 19, SERIES OF 1979. Councilman Williams seconded the motion . Upon a call of the roll, the vote resulted as follows: • ~--; . I • • - ( • ( • May 7, 1979 Page 19 Ay es : Nays: • • • Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Hayor declared the motion carried. RESOLUTION NO. 20 SERIES OF 1979 * * * * * * A RESOLUTION APPROPRIATING $50,000 FROM THE WATER FUND TO THE ADMINISTRATIVE AND GENERAL ACCOUNT TO PROVIDE AN EMERGENCY FUND TO ASSIST IN DEFRAYING THE COST OF THAWING WATER SERVICE LINES AN D TO ESTABLISH QUALIFICATION FOR COMPENSATION THEREFOR. City Attorney Berardini noted in the fourth paragraph "92" should be changed to "93". COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 20, SERIES OF 1979. Councilman Smith seconded the motion. Councilman Clayton noted that the resolution contains no upper limit on all claims. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Council l1embers Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None . The Mayor declared the motion carried. RESOLUTI ON NO. 21 SERIES OF 1979 * * * * * * A RESOLUTION AUTHORIZING MACLEE RADIO, INC. AND WESTERN BROADCAST- ING CORPORATION A THREE MONTH EXTENSION OF THE LEASE OF JANUARY l, 1972. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO . 21, SERIES OF 1979. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Mann, Williams , Weber, Smith, Harper, Taylor . • ; . I • ( May 7 , 1979 Page 20 Nays: 7"o - - None . • • • The Hayor declared the motion carried. * * * * * * City Attorney Berardini reported on the status of the case Oliner vs. the City, involving the property upon which the Police/Fire Center is located. Mr. Berardini stated the Colorado State Supreme Court has refused to accept the case; and the lower court decision stands . Therefore, the law suit is completed and the City may exercise its option to purchase the land according to the terms of the lease after 1995. Mr. Berardini stated he would prepare a broader report on the case at a later date. * * * * * * City Manager McCown presented a memorandum from the Director of Public Works to the City Manager concerning the speed limit on South Elati Street. Mr. McCown stated the results of the study conducted by the Traffic Engineer indicate that 25 miles per hour in this area is an adequate speed. Mr. McCown stated the Traffic Engineer als o points out that the Model Traffic Code stipulates that 25 miles pe r hour will be in the speed limit in business districts. Mr. McCown stated the cross walk intersection at Girard Street will be restriped and Police Chief Holmes will ask for selective enforcement of the speed limit in this area. Mr. McCown stated staff does not recommend that the speed limit be changed to 15 miles per hour. Council discussed the problem of pedestrian cross walks in this area . Council requested the City Nanager to report back on some o f their suggestions. City Manager McCown stated he would request that the s tudy be broadened and follow up with recommendations. RESOLUTION NO. 17 SERIES OF 1979 * * * * * * A RESOLUTION SUPPORTING THE DENVER REGION ELEMENT OF THE STATE IMPLE ~ffiNTATION PLAN THROUGH COMMIT~NT TO IMPLEMENT SPECIFIC AIR POLLUTI ON CONTROL ~ASURES AND TO CONSIDER FOR IMPLEMENTATION THOSE ADDITI ONAL MEASURES RECOMMENDED AS THE RESULT OF FURTHER EVALUATIONS TO BE CON DUCTED UNDER THE CONTINUING AIR QUALITY PLANNING PROCESS . Director of Community Development Wanush appeared before Council and discussed the commitments by which passage of the resolution would obligate the City. ( Councilman Nann opposed the concept of the resolution on the basis that the agency is no longer advising the City of Englewood but • =.- I • ( ( • Ma y 7 , 1979 Page 21 • • • dic t atin g to it ; the r e b y, taking away local authorit y of loc al p r o-b lems. Councilman Harper stated there has to be a coor dinatin g age ncy i n the region if anything is going to be done about pollution . COUNCILMAN WEBER MOVED TO PASS RESOLUTION NO . 17 , SERIES OF 19 79. Councilman Harper seconded the motion . Councilman Smith e x pressed concern on h ow th e p lan was g oing t o be fi nanced . Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Clayton, Williams, Weber, Harper , Tay lor . Na y s : Council Members Smith, Mann. The Mayor declared the motion carried. Mr. Bill Howard, 1411 East Dartmouth Avenue, was granted per- mission to appear before Council. Mr. Howard stated Englewood has been desig nated as a regional activity center and any future acquiescence to clean air plans will have a direct effect on the City's economy. Mr. Howard suggested that before the restrictions get more specific relative to clean air, negotiations be started with DRCOG to get some k ind of a balance between their commitment to RTD facilities in this area against their requirements for clean air. * * * * * * City Manager McCown presented the six quarter budg et for Ap r i l 1979 throug h September 1980 and the recommendations containe d the r ein. RESOL UT I ON NO. 2 2 SERIES OF 1 9 79 A RES OLUTION AMEND ING THE PUBL I C I MPROVEMENT FUND, REVE NUE SHA RI NG FUND, AND GENERAL FUND BUDGETS FOR 1979. COUNCIL MAN MANN MOVED TO PASS RESOLUTION NO . 22 , SERIES OF 1979 . Councilman Smi th seconded the motion. Upon a call of the roll , th e vot e r esulted a s f ollows : Ayes : Nay s: Council Members Clayton, Mann, Williams, Weber, Smith , Harper, Taylor . None. I • • ( Ma y 7 , 1979 Page 22 • • - The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO AUTHORIZE THE MAYOR TO S I GN THE GRANT RECEIVED FROM THE STATE HOUSING DIVISION IN THE AMOUNT OF $35,000 FOR THE REHABILITATION PROGRAM. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Clayton, Mann, Williams , Weber, Smith, Harper, Taylor. None. The Hayor declared the motion carried. * * * * * * City Manager McCown stated the City has been notified by the Bureau of Outdoor Recreation of acceptance of a grant for $250,000 for the river redevelopment. Mr. McCown stated the grant is match i n g monies for 1980 and the staff is studying the accounting procedures to facilitate the grant. * * * * * * Mayor Taylor reminded Council of numerous items which need to be discussed and disposed. Mayor Taylor proposed a day-long study session as soon as possible. COUNCILMAN MANN MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE ON THE REPAIR, REPLACEMENT, LOWERING AND THAWING OF FROZEN WATER LINES IN THE CITY'S PUBLIC RIGHT-OF-WAY. Councilman Smith seconded the motion. Councilman Weber stated he would like to discuss the matter a t a study session to avoid making amendments to a final draft. Councilman Mann withdrew his motion. Councilman Smith with-d rew his second to t he motion . Council a greed to discuss the frozen water line matter i n a st udy session. Council a g reed to set aside May lOth at 6 :00 p.m . to discus s l a bor negotiations in an executive study session. * * * * * * ( Mayor Taylor stated the Englewood High School marching band h as been invited to participate in the annual Rose Bowl parade . Mayor • l I • • - ( • • ( • May 7, 1979 Page 23 • • • Taylor asked Council to help these students find jobs because each studen t h as to pay h i s or her own wa y . * * * * * * Councilman Clayton requested a bulletin of the list of times and d a t e s for the meetings that have been set up during this meeting . * * * * * * There was no further business to be discussed. * * * * * * Mayor Taylor adjourned the meeting without a vote at 11 :45 p.m . ~uty City C erk :/ --=.- ; I • • 7 :30 P .M. l. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MAY 7, 1979 / Call to order , invocat i on by The Reverend Rosemary Morris , Englewood Mayflower Chttreh of Christ , 81 . ,-.... 3001 South Acoma Street , pledge of allegiance by ·'--"" c,.~ •. , Boy Scout Troop #92 , and roll call . \ 'h'u .)J >' .. I Minutes . I ~t'l. 'r'd_;(a) Minutes of the regular meeting o f April 16, 1979 . (Copies enclosed.) 2. Pre-Scheduled Visitors . (a) (d) Mr . Harry Musser , 5065 South Huron Street, P .E .R . Englewood Elks, will be present to accept a proclamation proclaiming the month of May as "Youth Month." (Copies enclosed.) Mr. Leonard A. Billingham, 4363 South Grant Street, will be present to discuss an en- croachment into public right-of-way for the I installation of a fence. (See item 6(e).) t1rs. Dorothy Roland, 424 West Oxford Avenue, will be present to discuss an encroachment into public right-of-way for the installation of a fence. (See item 6 (f ).) Mr . Stewart Fonda, Utilities Director , will be present to discuss the bids for the water improvements . (Copies enclosed .) (e) Mr. Lynn Massa of Massa Glass , 4795 South Bro adway, will be present to discuss the relocation of Fire Station #3. (Copies enclo sed.) • I • • • • • Page 2 May 7, 1979 Agenda 2 . Pre-Scheduled Visitors (Continued). (f) Mr . Elmer Schwab, 4795 South Inca Street, will be present to discuss the relocation of Fire Station #3. (g ) Mrs . Laura Dreher, Mr. Stephen Dreher, 54 West Layton Avenue, and Mrs. Betty J . Wike will be present to discuss the relocation of Fire Station lf3. (Copies enclosed .) (h) Mrs . Audrey Scott , 2926 South Galapago Street , will be present to discuss community matters. (i) Mr . Jack Patterson, 3587 South Ogden Street, will be present to discuss matters concerning city government. 3 . Other Visitors . 4 . Public Hearings. (a) (b) To consider the Community Development Block Grant application . (Copies enclosed .) To consider the request for a Special Events Permit for beer, wine , and liquor for All Souls Catholic Church on June 9 and 10, 1979. (Copies enclosed.) Communications -No Action Recommended. (a) Minutes of the Housing Authority meetings of February 27 and March 22, 1979 . (Copies enclosed.) (b) Minutes of the Board of Adjustment and Appeals mee t ing of March 14, 1979 . (Copies enclosed .) (c) Minutes of the Board of Career Service Commis- sioners meeting of March 15, 1979 . (Copies enclosed .) (d) Minutes of the Planning and Zoning Commission meeting of April 3, 1979 . (Copies enclosed .) (e) Minutes of the Animal Control Committee meeting of April 23 , 1979 . (Copies enclosed .) • I • - / • • • - Page 3 May 7, 1979 Agenda 5. Communications -No Action Recommended . (f) Memorandum from the Director of Public Works to the City Manager concerning snow and ice control. (Copies enclosed .) 6 . Communications -Action Recommended. Minutes of the Public Library Board meeting of April 10, 1979 with a recommendation that appropriate action be taken to fill the vacancy on the Library Board. (Copies enclosed.) (b) Minutes of the Parks and Recreation Commission meeting of April 12, 1979 with the following recommendations : ~:~~1 1~tu~ (i) concerning the land east of Malley ~ctL~~o6 Senior Recreation Center; and ~~tl~~~t~~~(ii) concerning the golf ball problem. (Minutes and Memorandum from Parks and Recre- ation Director enclosed .) (c) Minutes of the Water and Sewer Board meeting of April 23, 1979 with the following recom-mendations : (i) (ii) (iii) concerning the Colorado Water Conservancy District Groundwater Management Sub- district Raw Water Agreement (CWCD): concerning Supplement 66 Southgate Sanitation District ; and concerning Supplement 67 Southgate Sanitation District. (Copies enclosed.) (d) Request for a 3 .2 Beer License Renewal - consumption off the premises -for 7-11 Store, 2705 South Broadway. (Memoranda from the Director of Finance and the Chief of Police attached .) • I • • • • Page 4 May 7, 1979 Agenda 6. Communications-Action Recommended (Continued). ~(e) ~(f) Memorandum from the Director of Community Development to the City Manager concerning an encroachment request at 4363 South Grant Street. (Copies enclosed.) Memorandum from the Director of Communi~y Development to the City Manager concernLng an encroachment request at 424 West Oxford Avenue. (Copies enclosed.) 7. City Attorney. Ordinance on Final Reading. (a) Ordinance amending Section 5(f), Chapter 1, Title X, of the 1969 Englewood Municipal Code, authorizing the Parks and Recreation Commission to appoint a Senior Citizens Advisory Committee and the Committee be reviewed by Council at every three-year interval . (Copies enclosed.) (b) C ;vJ.v "~ ~d--1 Ordinance vacating part of a street between Blocks 4 and 5, Englewood Heights Subdivision, City of Englewood, Colorado . (Copies enclosed .) Bill for an Ordinance. (!.S ii <Jb' (c) '-/J 0-6Xl.J' cf /)) ?...J { Yu t?D-J Bill approving Agreement between the City and County of Denver, acting by and through its Board of Water Commissioners, and the City of Englewood, known as the "City Ditch Agree- ment," with certain amendments. (Copies enclosed .) Resolutions . (d) Resolution authorizing the purchase or condem- nation of a fee simple interest in certain 1 lands within the City of Englewood, Colorado, ~ to provide a site for construct i on of a fire ..... A·l ,,. ~<VL 0 n fJ-1 -0 ~ station . (Resolution and letters enclosed.) "" z, "'1 • \J,' j P,~ p,o. .. b--l~ v, ,JJ. (e) Resolution authorizing the purchase or condem- ( • 7v r~ nation of a fee simple interest and easement ~;g in certain lands within the City of Englewood to provide a site for construction of a water storage structure . (Copies enclosed .) =.-; I • • ( • • • • Page 5 May 7 , 1979 Agenda 7 . City Attorney (Continued). (f) Resolution approving the application of Paul H. Daghlian and Shake' T . Daghlian, d/b/a Paul's Restaurant & Pizzeria, for a hotel and restaurant license to be located at 3542 South Fox Street, Englewood, Colorado. (Copies enclosed.) (g) Resolution appropriating $50,000 from the Water Fund to the Administrative and General Account to provide an emergency fund to assist in defraying the cost of thawing water service lines and to establish qualifications for compensation therefor. (Copies enclosed .) Other Matters. (h) Extension of a lease agreement between Radio Inc. and the City of Englewood. available at meeting.) Mac Lee (Copies (i) Attorney 's Choice .'/~-..r..., !;0 8. City Manager. (a) Memorandum from the Director of Public Works to the City Manager concerning the speed limit on South Elati Street. (Copies enclosed.) (b) Resolution supporting the Denver Region element of the State Implementation Plan through commitment to implement specific air pollution control measures and t o consider for implementa- tion those additional measures recommended as (c) (d) the result of further evaluations to be conducted under the continuing air quality planning process. (Copies enclosed.) Memorandum from the City Manager concerning the Six-Quarter Budget for the period April, 1979 t hrough September, 1980. (Hemorandum and Resolution enclosed.) Manager's Choice. • !:!!:;;:::-__ I • • • - • • Page 6 May 7, 1979 Agenda 9 . General Discussion. (a) Mayor's Choice . (b) Councilman's Choice. 10 . Adjournment . f!::J?d~(<~ City Manager 0 • I • ( • • • • "7. 7 /f )11 l~ ROLL CALL Nay Abstain -~e Moved Seconded J Willfaml: J ...Iieber Absent ~.ml_Ln -- -~tt_ C1~ton·7P Mann r r --__!!ayor ay_T_E r l - - I • • • • • • • ROll CAll H ed S d d ov econ e ~e !.l s n sen h'illfam!> _!::_ .,Weber_ _v-_;:,~n _I/ J1oU:Du_ ....!:::::_ Cl~ton .!1::._ ,__ Mann ~ _!i_ayor Ta YJEr ..!::::__ A Ab tat Ha Ab t I . • • • • • ROLL CALL Moecl s ndd v eco e A 'We Nay Absta n A bsent Williams v-- ~ WPhPr ,__.. v :sm1tn L.,./" Haro!U:_ ~ Clavton <../..--~ Mann t..-- Mayor 1a y_l_r.r v- /LJ-. I . . • • • • • ROLL CALL Hoved sec nd 0 ed ,.... Williams Ave Nav Absta fn w .. h, {;::. I Absent L----1 :>m1tn ~~ ll"'rn~ v--c 1 avton --+-I--- // MaiJ!l lT.ayor Tay_1_9 r v- t,...--' - ~~~ _jj t.tP'U&L ~ ;f') N~U) I . • • • • , __ -.- Hoved s r I econded Ave Nav L-William~· Absta fn Absent w .. h.,r :>m1 n 1--Harner_ Clavton c..L- -Mann ' l'fayor Tail cr _,_ I I I . • • • -• • "-~---- ROLL CALL Moed s ndd v eco e A ~e Na_y Ab sta n Ab sent Wi 11111ms v-- Wo>h"'r ._...- 5m1tn ~ Harott_ v-- J...---' Clayton <..J--v- t.--Mann v- Mayor T~y_l_E r v- I . • • • • • - • • ROLL CALL HeelS ndd ov eco e ~e ~ s n sen Wi 11 fams 1-- A N Ab taf Ab t ...webe..r. £...-- ~n ~ ..!:::::._ .JilrJ2.tt-v-...!::::.:::. C 1 c!i'_ton _:r._ ~ Mann .J:::::::... .!i_ayor..!. ay_• or L-- • I . • • • • • Moved s nd eco ed Ave WilHam!~ Nav Absta fn Absent ~.~ .......... Smtti': Harntt_ Clavton ~ Mann 1-fajor Ta y_]Er ---- I . • • • • • ROLL CALL Hed S ndd ov eco @ if..e I.}'_ s n sen Wi 11 i!lm!; 1..--- A Na Ab taf Ab t -.Weber. L-- 2!!!_'l_y: ~ ~~ 1..---(.....--Cl~ton ..:!:::._ f..,..-- ~ Mann ..k::::::_ !!_ayor ..!. ay_1 cr L-- I . . • • • • • ROLL CALL e ~e Nay Abstafn Absent Will1am!' t,..--"" Moved Second d A Wo>ho>r 1.--::.rrrfln t---~ H.wtt_ 1.--~ Clavton _2L L--- Hann y- ~ayor .!_ay_l_E r ~ I . . • • - • • ROLL CALL Moved c. Seconded I 1-- Will11lm~ Ave Nav Abstafn 1-- 1.1 .. 1 • I Absent --'-- Sm1tn T ~ ---Haro• C1~-~-avton '+ --L" Mann , llfa'Yor ~~-1 ~u -I =:J • I . • • • - • • Moved r Seconded I = ......__ I 1 Wi 11 iams Ave Nav '"'-!:----J.;. Wah--- 1 c: 1 Abstafn Absent Sm 1.--I n -, 1--. Ha,.n--..... I - I C 1 a vton ·c;::-........--- I Mann L-- _, ll'fay~~o r J L--' --_v I I I 1 ~ ~ 0-<J ~ cV-1-L ~ ~/h'l (}-/? Jl- ~ ;? <I ~ ~tlfi>J '~ ~'{eojA.a'JL.vn~ /}?L.I~'>~ cJ, t/ q 81 I c/U; tJ-tY I • • -• •' • ......_ ---- ROLL CALL Moved s econded Ave Nav Absta1n Absent r r I wn11aiii~ ~h • l , Sm1tn j.j,. ... tt_ C ia'Vton -;:.._ I I l-r..DfJ. ,ayor T ~-· r.r I - l I • • • - • • ~ '------ ROLL CALL Hoved s econded William~ Ave Nav Abstain lhh:--I Absent I , _5mitr. ~ .. n~r - Clavton '+-. I I Ma!.l!L l1,ayor Ta y r.r -----'~ I . • • • - • • "-- ROLL CAli_ Hoved Seco d d n e ~e Willfa ms -Nay Abstafn Absent .WPhAr :>m1tr. H4rDtt_ C1avton <1-. Mann -v.ayor ~Y::fr I . • • • • ' ~~~==~~-----------------'-- Moved s d econ ed 1 Williams Ave Nay Abstain I Absent w .. h"~r !:im1til H'lro~ c 1 avton -;z_ ·- Mann I 1-fayor T~~ ' - I • • • • • . . • ROLL CALL Hoved s econded Willfam5 Ave Nav Absta fn Absent w .. h; .. :>mar. Harott_ Clavton -~ Mann l7,ayor r~Y}_9r I . • • • • . · • ROLL CALL Moved s econded Ave Nav Abstain Absent T :..,...-wm1ams I/ ---u;:;:_ ,_,._...---:,mltn v llarn!tr_ --,_.. Clavton ~ ,_. - t.---' Mat~ll. ~ "'"Rayor Ta y_,.Er v I . • • • - • . . • ,_ ~OLL CALL Moved s -econded I v 1 William~ --Aye Nay ~ 1 t..--T Abstain Absent ~ .:_ I -Sm t..---- --, r. 1...--- Harntt._ v C 1 a~ton -7=-t..-- Mann v ~ --"lfa"Yor Ta y1 c:r t--I fJl/J-"-~~ I I --1 .()'U.._} ~ /), 1" ~ ~~ - ')1. ' I • • • - • '. • ROLL CALL Hoved Sec nd d 0 e Wi111am 5 Ave Nav Absta fn Absent WAh .. ~ ;)1111ti: Haro~ Clavton -+- Mann lifayor Ta y_1 r.r • I . • • • - • - Moved s l econded Will fams Ave Nav Abstafn ~ ~ft-I I Absent Srn1tr. I 1 ~ .,-~ l ciavNn---:2. - I Ma~!l_ l'.ayor ay1o r - -:~ -__, ~ r 4 t:4 cU-. riJLJ • I . • • • • • • ROLL CALL Hoved sec d on ed I Williams Ave Nav Abstain . ~ w .. .,; .. I Absent ;)/111 n H~tt_- J......-Clavton ~ Mann ~ayor Ta y_l_9r ___,----------------~~ ?1~?1 /7 -~J Q/-/(_A'/Vf L-A' I . • • • - • • ~-----=---~---- ROLL CALL Hoved Second d J.,----e Ave Williams Nav Abstafn Absent t--w .. h .. ~ L--:Smlt n L-- Haro~ L-- t--Clayton 'f-,__ Mann 1-fayor ra ~ Er _1/ <2./ ~ •• I . • • • - • • ROLL CALL Moved Sec nd d I 0 e Wi 111am!> Ave Nav Abstain Absent W~Ar Slnl n Haro~rr_ Clavton <,L Mann l1,ayDriay_,Er • I . • • • • ROLL CALL Moved Seconded Ave Nav Abstain Absent t I T Wi lliams ~.~... . T I I 1 sm1 t n 1.... -Hiro!:r_ Clavt on .,._ L L I ~n avor T~y_"l_E !'..._l ;u)L.-{)/l fp_Q foL!w ____... qJ;, ()1\ '11\ l-!VL ()..:) 'Jn'i s.-v-(U r r 1)_/)L ~ I . • • • • • B.9ll CAll Hoved Sec d on ed Will1aml' Ave Nav Absta fn Absent WPh.; .. :~m t n H<\ro.tt_ Clavton Mann I 1'fayor Tay_1 r.r I . . • • - Hoved s L econded win iams I IJ.,h Sm 1tr. Haro!:!_ - Clavton -- ~n "ll'ayor T~y_l cr _l ' ' • • • Ave Nay I j • Absta 1n Absent y:J /}LU 0 d% U."c ·I' • I . • • ,_ • • ROLL CALL Hoved Seco d d n e Ave Wfl11ams Nav Abstafn Absent IJoh :>m1t r. Haro _tt_ Clayton I Mann rT,ayor Ta_fur I . • • • • ROLL CALL Hoved sec nd d 0 e Ave Wil l fa m ~ Nav Absta fn Absent "'"'" •r ~lt r. H-;rn"'r Clavton Mann lfayor Tay_'~E r ..A }JJ.ii.A J {__ LL 3 a d.l _AI ") l (' ""-" JU ' -~U-J-P. lv ;aJ-v (( I ( /fYv_} !A ~ l. t ;u 1~ ~ t-t ; lJl£~1 1£ . , A-AJ '-cAv. 1 ~( _/A ~ L t 6 C-4)..LAJ... ~!AvJ'I .... lAA JU a /f<"UJ 'fJ ""!.-6-''-'-;,_J-~~ -e t<Li ;._ /i~u'J_":r I . • • • • ROLL CALL Hoved s nd d eco e Ave Williams Nav Absta fn Absent w,.b;; sm1t n Haro~~- Clavton Mann __ i lofayor Tay_1_9 r QJ ,/UL/YU-0 ?U :!YtVlf7A_}, cJ ( d I :§ tlU__zA 6 ~ xJ 'f//Judf .uu1tu.f!au . .r ~~ i::A ' _;t cfw_·'VU J)1t ·:? [l ti.t1_..z:'k_.l T ~UcJ ,~.:> ~__t ~ <-/u )1 J ..A-0 ~~-ri_L I . • - • • ROLL CALL Moved s econded Williams --Aye Nav Abstafn ,__-Absent 1.161-. v-sma r. L--- H;orn!!r.._ L-- Clavton 1.--- Mann l v-l "lfayor Ta yl c r ----·-v- • I . • • - • • ROll CAll ROll CAll Hoved s -econded T Will iaml: Ave Nav w .. h" .... L--Absta fn Absent /,..- , :Smltn /,..- Harn!!L.. ~ ,__... JL' C1altton ·-z1_ v -Mann /,/"'" lT,ayo r _l~y_l_9 r ~ .._,_-- 0 • I . • • • ---- ROLL CALL Hoved s d I econ ed ~e William~ --Nav Abstain Absent w .. h .. r ::>m1 n Jiaro!U:_ -· -Clavton -- Mann Mayor Ta y _ _9 r I . • • • • - ROLL CALL H ed S d d ov econ e lye ~ sta n sent William~ ..weber- A Ab N Ab ~'!_1fl ~u_ C 1 c!k'_ton Mann _Mayor ra y_~r ( ( ,,,v bY] II 1/ ()_ ,~ t /)L ...f~ I . . • • • • • - ROLL CALL Moved Seconded Ave Nay Abstafn Absent Wf 11 films t---t---w"b;; L--Smff'n t--[:;::; JiarD:ftl'_ t--- C 1 a:Yton q::::-L--Mann v Mayor T~y_l_!l r t--- I . . • • • - • • ROLL CAll t • I • • • • • ROLL CALL H ed S d d ov econ e ~e ~ s n sen Williams t--- A Ab t N Ab ta1 ...webe..r. 1...--- .=!!!_~ ;_.--(._...--...limu_ L--- ..!:l:::::._ Cl<ti:_ton .::t:... ~ Mann ~ .!!_a.l_or ..!. ay_1,9 r ~ I . • • • - • • --- B.Q.ll CAll Hoved Second d e Ave Nav Wi llfams Absta fn Absent WPh~ - .~1t n Hirou_ Clavton Mann 7.ayo7ray_!_Er • I . • • - • • = ROLL CALL Hoed ndd v Seco e we Na.y Absta n sent Williams t..-- A Ab __w~ber L..--_5mJtn L.--L--..HID!tt_ L.-- L--C 1 ~ton _'-j-~ Mann L..---M~or _Ia y_]Er _..--- • I . • • - • • ------ ROLL CALL Hoved Seconded ....-- Williams ~e Nay Absta fn Absent t.-- J!lf!bPr L--_:>1111 t r. ~ .&ro~r 4.--- 1.../' Cla_vton J.. L.---Mann I,_-~or Tay_'_Er __J.-- I . • • • - • • B_Oll CALL Hoved s nd eco ed Willfam!; Aye Nav Absta fn w .. h;;;-Absent ~ltfl H~roP"r Clayton Mann lfayor Ta /.1 or -·'-- /1(a. 1C/ • I . • • • • ROLL CALL Moved Seconded Ave Nay Abstain Absent Wi 11 iam!' /...-- ~ .... /...-- :>1!1 1t i1 v- . Haroer v- v Clavton 4-t..-- V" Mann /./' Mayor 'T ~y_1_9 r ;..--- {p ~. /1'1~ rt 1~ J;if_IPI{)_f /J-~ c9 -i -80 I . . • • • • • ROLL CALL Hovect Second d ! Ave Nav Willfaml: L--Absta fn Absent i.i;h; .. /......-Silf1tn /......-~ __Harott__ v ,__ Clavton r...J-t.--Mann v-Mayor Tay_:_9r t.,...-- I . . • • • • • ROLL CALL Hoved Seco d d n e Ave Willfams Nav Absta fn Absent w~ .. ;)lllltn Ha ro.fll:__ Clavton Mann --r.fayor Ta y l or -·- • I . • • • • • ----::----- ROLL CALL Hoved s econded Wfllfams --Aye Na_v Absta fn ~.~.;-._ Absent ~H/1 H~~ ·- Clavton Mann l lT.ayDrray1 or --·-. ;_ I I . • • • • • ROLL CALL Moved Seconded W111faml; Ave Nav Abstain Absent [_;;;C t.:7 Wl'bPr L-- _1./' :>lllltl'l L-- Haro!!L /...--- Clayton ~ 1.--- Mann t.-- 1-fayor T~y_l_E r t..--' I . . • • • • • ROLL CALL Moved Second d e Ave Nav William!; Absta fn Absent (.;-- ~ .. £-- Snf1 n t--- ~ Haro~U:__ _L-- t--- Clavton 4--t.-- Mann {../'" "P.ilyor 1 ay_l!l r v-- ~) <;I ~wd di-(o (o CUJ /( II fLt u'' ~ e:_ 0 c_ 0 Uu~ I . • • - • • -----· ------- ROLl CALL Hoved Seconded Aye Nay Absta tn Absent Wflltam~ L-- _WPh•u·-t---~ttr. t---~ HaroPr (..--L--Clayton_+-1---Mann L--"fayor Ta~r 1.--- 0 • I . . • • - Ho ed Sec nd d v 0 ~ L--- .!:::::::. < ' I ~ • • • • • ROLL CALL ~~ !.l. Wfllfaml; t-- A Na ..we.be.r_ L- ~, L-- ..HA.I:l!tt_ L---Cl~ton~ L.--- Mann 1.--- _!!~or _!ay_'!'r '---" • Ab taf s n Ab t s~n -~-- I . • • • • ROLL CALL Hovl!d Seconded Ave Nav Abstain Absent _1/" Wil 11 ams ~ (.../ ..... h .. ~ (.....- mt n L-- ll~Y'n• -~ /__/- Clavton cv 1..-- Mann '-" l'fayor Ta y_1 or ~ I . • • • • • ROLL CALL Hoed s ndd v eco e lYe !.l.. s n sen Willfams ~ 1.---__}if!b@r t-- A Ab t.f Ab t _;)I!J_ltr. t--JL'" ...l:t4.J:.ger 1.---Cl~ton ~ .1.:::::::::_ Mann ._.. ~'!l_or _!a y_l_9 r t,...-- 1a. ~ ~~ -tJ-r!) I I _All 'i_tt( li~~ j)(~) c;~~~ .. ~ r?~ ~ L 't~e;J I . . • • • • ROLL CAll Moved s nd eco ed williams --Ave Nav Abstain L-- Absent w .. h .... 1.---~ :>m1t l1 L- Harn!rr__ L-- Clavton q_ ,__.... J-.--Mann (....- I lT.avor ay_l cr t--- 0 I . • • • • • - • • ROlL CALL Hoved Seconded ~ \Y@ a.y Abstafn Absent Wi 11 film!\ ~ L.-_W~b,.r v- A N _:llll!!_i'l t..--Huo~ ~ Clayton~' /..-Mann L.--- Mayor T'!_Y_lE r t--- • I . • • • - • • ROLL CALL Moved SecondM Aye Nav Absta 1n Absent Wi111am:oo '-- ~r v //"" --smnr. (.___ -,__.. Haro!:.[_ .___ Clavton +-£.-- Mann £.--- Mayor 1a y]r.r 1.-- • I . • • • - • • ROLL CALL "' eel s ov d d econ e A 'Ye N ay Ab ta1 s n Ab t sen ..!::::::::: Williams ~ Wf!bf!r t-- _:>mltn J-- ...HHott._ J.,-- J....--"' Cl~ton '!-~ Mann 1.--- __!i_ayor __Ia y_lE r v- • I . • • • - • • ROLL CALL Hoved Seconded A N \Ye a_y_ Absta fn Absent Wfllfaml\ L--- _Weber t---;_---::>11'11 tl1 L- _HHD~ __j, Cl~ton .q--v-.).../' Mann £.-- Ma_1_or __ra y_l_!lr v- 1 y~ ~ctzrflu -# c2 0 ~ cc 4 -th w -iv o.ALJ sj 6 q J . {~ (')-/In /~rn__ _/ 1 7 a 1!1 ei~U S )u/. • I . • • - • • • • ROLL CALL Moved S nd d eco e A we Nav Abstafn Absent Williams {/ L..----W~>h'!r ._..... v--;)lll"ltr. ~ ~ {....-- Clavton 4-1-/ Mann L---"' -,.ravor Ta y]_Er ~ 1 '/u J/,dlm-<uf>u !({ ~jig ~""--~ c/) 1 -n}:-IJ £/)I I d/t_ 0-j/Le.i? ;&'t~ ~~A_wPf1o !UAti a} • • I . • • • • ROLL CALL Moved Seconded Williams Ave Nay Abstain Absent WPhPr :>m1 r. Hilro~ Clavton Mann Mayor r~y_1_9 r -{J f?F LA.fi')' rSv-J lj__/)) 0 1.f. c-c I . • • • • . . • ---------- ROLL CALL Hoved s nd r eco ed Ave Wf111am!; Nav Abstain Absent w~'!r ;)lfll. n '-ll'\ro~ CidYton Mann lfayoTTii t.lc:r -·- I . . • • -• • ROLL CALL Moved Sec nd d 0 @ Ave Nav Abstafn Absent W1111ams ............ bJ.ocl ~·1tn Harn"r Clavton Harm .. Yoayor T~_1 or ~ L u a '\L~'J f ;v 0-,_J Lu 1 ,,_,__ ~ .. ---{ .. Afl..j_ft dtJ c3 ,('_f)'1 H.J:/(/n '~ /:Lo I~ 0 • I . • • • • ROLL CALL " ed s d d ov econ e ~e Nay sta n bsent Williams L..---v--Wf'bPr t--- A Ab A :>lllltn '--,__--_HarD~ £.--- Clayton '+-" £.--- Mann L---_l'iayor _Ta y_l_E r v- • I . • • • • • ROLL CALL Hoved Seconded Williams Ave Nav Abstafn Absent WAhAr 5mnn Harntt_ Clavton Mann Mayor Ta y:_T_E r IJ»C'/J~ I </-II t jiJAJJyv.41Jti! ~, -(;_~,:r _;, dJ<> d-o 4-~fJ ,odu,~ w,uau ' tu_ U_ (ML<V . 6La ~ 1J rJx;t .:un Cuv.. ~ "' [ '(! .t;~T-~-fi R'TO~ rr'U/Y>~ r ~ M:u I . • • • ROLL CALL Hoed S dd A N v econ e ~e ~ s n sen WiU1ams t_....-- Ab taf Ab t ....weber v- ~ ~"!!!_11 ~ ...IW:J2.«-... v- Cli!Y_ton...::l::::_ t..-- .JC.. Mann t.-- _!iayor _!a y_JE r ~ C !J l IJ?;~ UV/1! /Y.LJCVA r£ Jik-j: ~ ~u__J 3 6 -~~~_) -/d:-:A~ I . • • • • • ROLL CALL M ed S d d A ov econ e ~e ay sta n sen Williams v-N Ab Ab t c..---~r J..- ~ t-- ...I:IA.r.l!u._ I--J..~ Cl~ton ....±_ -Mann <-- Mayor ray_l!'r !" I . • • - • • .... ROLL CALL Moved s econded Wi 111ams Ave Nav Abstain li.;;h .... T I I Absent I -, 2!!!..1 'tn ~rott_ ctavton '-~P-.ayor~y_lor J I I 0 • I . • • • • - • • Q ROLL CALL Hoved Second d e Ave wn11am$ Nav Abstain Absent w .. h-; .. Sntfth -~ro«._ Clavton Mann Mayor Ta y_!_E r 0 • I . • • • • ROLL CALL Hoved Seconded Willfams lye Nay Abstafn Absent A ~~r r ~lt11 .HM:Dtt_ L Cl~ton Mann _Mayor _ra y_lE r I . • • • • ROLL CALL Moved s d d econ e Aye Wi 11 iams Nav Absta fn Absent w .. ~ Smlt il L... Harntt_ Clavton Mann RayorTaj1 c:r I . • • • r • REGULAR MEETING : • • • CITY COUNCIL CITY OF ENGLEWOOD, COLORADo April 16, 1979 , i h The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session at 7:30 p.m. on April 16, 1979. The invocation was given by Councilman Donald Smith. The Pledge of Allegiance was led by Boy Scout Troop #154. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes Assistant City Attorney DeWitt Chief of Police Holmes Director of Public Works Waggoner Director of Utilities Fonda Deputy City Clerk Watkins * * * * * * COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF MARCH 29, 1979. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. Nays: None. Abstain : Council Member Smith. The Mayor declared the motion carried. * * * * * * I • • - • April 16, 1979 Page 2 ,. • • • COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 2, 1979. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried . * * * * * * COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF APRIL 9, 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Abstain: Council Members Smith, Harper, Clayton, Mann, Weber. None. Council Members Williams, Taylor. The Mayor declared the motion carried. * * * * * * COUNCILMAN MANN MOVED TO ACCEPT THE PROCLAMATIONS NOTED UNDER AGENDA ITEMS 2 (A), (B), AND (C). Councilman Clayton seconded the motion. Councilman Mann withdrew his motion and Councilman Clayton withdrew his second to the motion. COUNCILMAN CLAYTON MOVED TO APPROVE THE PROCLAMATIONS WITH COMMENDATIONS FOR MICHAEL WOOD, KENNETH MC CARTHY, DAVID TONGISH, LOUANNA HONECKER, CATHY GEMILL, AND JODI JOHNSON. Councilman Weber seconded the motion. Upon a call of the roll , the vote resulted a s follows : Ay es : Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . None . The Mayor declared the motion carried. Mayor Taylor read the proclamation and presented it along with a placque to Michael Wood, a member of the Englewood Police Department Explorer Post 708. • I • ( • April 16, 1979 Page 3 • • • Mr. Michael Wood discussed the related evenmin his life following the incident and then thanked the Council for their re-cognition. Mayor Taylor introduced Chief of Police Robert Holmes who made the remaining proclamation presentations to the following people: Kenneth McCarthy, Manager of Spencer Gifts, Cinderella City David Tongish, Manager of Hatch's Gifts, Cinderella City Jodi Johnson , Clerk at Spencer Gifts, Cinderella City. Louanna Honecker, Assistant Manager of Spencer Gifts and Cathy Gemill, Clerk at Spencer Gifts, Cinderella City were not present . Mayor Taylor stated their proclamations would be sent to them. Chief Holmes stated the help of these people led to the apprehension of a counterfeit ring who had been trying to circulate counterfeit money in several states. Mr. Holmes stated none of the counterfeit money went into circulation. * * * * * * COUNCILMAN CLAYTON HOVED TO PASS THE PROCLAMATION DECLAR- ING "BUDDY POPPY DAY" AS MAY 28, 1979 . Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. Pre-scheduled visitor Mrs. Dixie Moore, 4717 South Acoma Street, was present to receive the proclamation. Mxs.Moore thanked the Council and encouraged everyone to buy a buddy poppy. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE PROCLAMATION DECLAR- ING THE WEEK OF APRIL 22 -28, 1979 AS "SECRETARIES WEEK" AND APRIL 25TH AS "SECRETARIES DAY". Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None . • I • - • April 16, 1979 Page 4 • • • The Mayor declared the motion carried. Pre-scheduled visitors Ms. Diane Simmons and Ms. Jill Welch , members of Little-Wood Chapter, of National Secretaries Association (International) were not present to accept the proclamation. Mrs . Edith Romans and Ms. Pat Humphryes from the City of Englewood were present and accepted the proclamation on their behalf. Both Mrs. Romans and Ms. Humphryes thanked the Council for this recognition. * * * * * * Pre-scheduled visitor Mr. Gil Vocate, Acting Agent for Alsum Brothers, Inc., 1660 South Albion Street, Denver, was present. Mr. Vocate stated he was seeking permission to build ll houses (the Timber Lea Planned Development) on a parcel of ground located in En glewo od. COUNCILMAN WEBER MOVED TO BRING FORWARD AGENDA ITEM 6B "THE FINDINGS OF FACT FROM THE PLANNING AND ZONING COMMISSION MEET- ING OF APRIL 3, 1979, RELATING TO THE TIMBER LEA PLANNED DEVELOPMENT". Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Hembers Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. City Manager McCown stated the report on this matter was received at the last Council meeting. Action was tabled until this meeting pending receipt of additional information from the Community Development Department concerning the by-laws and articles of incor- poration of the association. Mr. McCown stated such additional in- formation has been forwarded to Council . COUNCILMAN SMITH MOVED TO ADOPT THE FINDINGS OF FACT FOR CASE NO. 6-79 . Counc i lman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None . The Mayor declared the motion carried . * * * * * * Pre-scheduled visitor Mr. James Sprinkle, 500 East Grand, was present as a representative of the All Souls Catholic Church, • I • ( ( • April 16, 1979 Page 5 • • • 435 Pennwood Circle. Mr. Sprinkle requested a public hearing date to hear the organization's request for a special events permit for beer, wine and liquor for June 9th and lOth, 1979. COUNCILMAN CLAYTON MOVED TO ACCEPT THE APPLICATION AND TO SET THE PUBLIC HEARING FOR ~AY 7, 1979, AT 7 :30P.M. Councilman Harper seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None . The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wish-ing to be heard at this time. Mr. Bob Lockard, 3128 South York, appeared before Council and discussed his recommendation that the two block area on South Elati Street between Hampden and Floyd be made a 15 mile an hour zone. Mr. Lockard stated the present speed limit is too hazardous for pedes- trians who want to cross South Elati. Mr. Lockard also recommended that the present pedestrian crosswalk lines be moved up to the corner where the library is located and that new lines be drawn from Wyatt's Cafeteria across to Cinderella City. Mayor Taylor stated Council would instruct the staff to make a study of the traffic pattern in the subject area and inform Mr. Lockard of the results. Ms. Audrey Scott, 2926 South Galapago, appeared before Council . Ms. Scott read a letter which she wrote and which appeared in the April 11th edition of the Englewood Independent, on the subject of frozen water lines, addressed to the Englewood City Council. Ms. Scott appealed to Council to help the citizens who had frozen water line problems this past winter and to pass legislation that would help those who have problems in the future . Hs. Scott asked the audience to demonstrate support of her ideas on this subject by standing, raisin& their hands, and signing their names on a sheet of paper she passed around. Mr. Ken Haraldsen, 3018 South Washington, appeared before Council and discussed the problem his nephew and neice had with frozen water lines a few years ago. Mr. Haraldsen stated the City cut down the street in order to re-pave it and the following winter the pipes froze. Mr. Haraldsen stated he wondered why the citizens had to pay to have the pipes thawed when he felt the City was responsible . I • • April 16, 1979 Page 6 • • .. Mayor Taylor asked if there were any other visitors wish-ing to be heard. No one responded. * * * * * * COUNCILMAN CLAYTON MOVED TO OPEN THE PUBLIC HEARING TO CON- SIDER A SPECIAL EVENTS PERMIT -3.2 BEER -FOR THE ENGLEWOOD LIONS CLUB, 3018 SOUTH BROADWAY ON MAY 5, 1979, FROM 7:00P.M. TO MIDNIGHT. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. Mr. Bruce Curtis, 7146 South Forbina Way, appeared before Council as a representative for the Englewood Lions Club to further request approval of the special events permit . Mr. Curtis entered into the record a photograph of the notice of public hearing sign that was posted on the site as proof of posting . Mr. Curtis stated the event is a fund raising project sponsored by the Lions Club with the proceeds to be donated to the preservation and conservation of sight. Mayor Taylor asked if there was any one present wishing to speak against the permit. No one responded. COUNCILMAN CLAYTON MOVED TO CLOSE THE PUBLIC HEARING. Coun- cilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann , Williams, Weber, Taylor. None. The Mayor declared the motion carried. COUNCILMAN CLAYTON MOVED TO GRANT THE LICENSE FOR THE SPECIAL EVENTS PERMIT FOR THE ENGLEWOOD LIONS CLUB FOR A 3.2 BEER LICENSE FOR MAY 5, 1979 FROM 7 :00 P.M. TO MIDNIGHT AT 701 WEST HAMPDEN AVENUE ON THE MEZZANINE. Councilman Mann seconded the motion . Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Smith, Harper, Clayton , Mann, Williams, Weber, Taylor. None. • I • ( • April 16, 1979 Page 7 • • - The Mayor declared the motion carried . * * * * * * "Communications -No Action Recommended" on the agenda were received : (a) (b) (c) (d) (e) (f) (g) Minutes of the Planning and Zoning Commission meeting of March 20, 1979. Minutes of the Denver Regional Council of Governments meeting of March 21, 1979. Minutes of the Animal Control Committee meet- ing of April 9, 1979. Memorandum from the Training Coordinator of the Fire Department to the City Manager con- cerning his attendance at the 51st Annual Fire Department Instructors Conference in Memphis, Tennessee on March 19 -22, 1979. Memorandum from the Fire Marshall to the City Managerconcerning his attendance at a workshop entitled "The Measurement of Building Fire- safety" on March 26 -30, 1979. Transmittal of the Annual Report for the year 1979. Transmittal of the Annual Financial Report fo r the year 1979. * * * * * * City Manager McCown presen ted a request for a 3.2 Beer License renewal -consumption off the premises -for the 7-11 Store, 2705 South Broadway. COUNCILMAN WEBER MOVED TO APPROVE THE 3. 2 BEER LICENSE RENEWAL FOR CONSUMPTION OFF PREMISES FOR THE 7-11 STORE LOCATED AT 2705 SOUTH BROADWAY. Councilman Harper seconded the motion. Councilman Smith asked for clarification on the statutory violations for which their license had previously been revoked. COUNCILMAN SMITH MOVED TO POSTPONE THIS MATTER UNTIL THE NEXT REGULAR COUNCIL MEETING AND THE QUESTIONS UNDER DENIAL OF LIQUOR LICENSES BE ANSWERED AT THAT TIME. Councilman Mann seconded the motion . • I • • • April 16, 1979 Page 8 .. • • • City Manager McCown requested that Chief of Police Holmes appear before Council to discuss the subject section and to define "miscellaneous statutory violations". Chief Holmes stated he was not aware of the particular violation in this case and that the definition is very broad. Chief Holmes stated he would have to check into the matter to see what violations were cited. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Di- rector of Utilities to the City Manager concerning the City Ditch Agreement with the Denver Water Board . Mr. McCown stated the agree- ment concerns the utilization of the ditch by the Denver Water Board in turn allowing Englewood to utilize the High Line Canal. COUNCILMAN MANN MOVED TO DIRECT THE CITY ATTORNEY TO PRE- PARE THE PROPER ORDINANCE FOR THE AGREEMENT FOR THE CITY DITCH WITH THE DENVER WATER BOARD AND THE CITY OF ENGLEWOOD. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 8 :25 p.m. The Council reconvened at 8:40 p.m . Mayor Taylor asked for a roll call. Upon a call of the roll, the vote resulted as follows: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * • I • • ( ( • April 16, 1979 Page 9 ORDINANCE NO. SERIES OF 1979 • • .. BY AUTHORITY COUNCIL BILL NO . 21 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE AMENDING SECTION 5 (f), CHAPTER 1, TITLE X OF THE '69 E.M .C., AUTHORIZING THE PARKS AND RECREATION COMMISSION TO APPOINT A SENIOR CITIZENS ADVISORY COMMITTEE AND THE COMMITTEE BE REVIEWED BY COUNCIL AT EVERY THREE YEAR INTERVAL. COUNCILMAN HARPER MOVED TO POSTPONE COUNCIL BILL NO. 21 UNTIL THE NEXT REGULAR MEETING. Councilman Weber seconded the motion. Councilman Harper stated he and Councilman Weber are not exactly sure the bill is enacting what was intended. There may be a section that should not have been crossed out, i.e . 10-1-5 (f). Councilman Harper asked for further time to study the the bill. Councilman Weber stated the intent was not to exclude 10-1-5 (f) as presently written and the new section was to be an addition to it. Councilman Weber stated the bill needs to be re- written with the proper intent. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . None. The Mayor declared the motion carried. ORDINANCE NO . 18 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO . 20 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE AMENDING SECTION 10 (a), CHAPTER 6, TITLE V, OF THE '69 ENGLEWOOD MUNICIPAL CODE CHANGING THE TITLES OF THE CLASSIFIED POSITIONS OF THE UNIFORMED MEMBERS OF THE FIRE DEPARTMENT. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 20 ON FINAL READING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Smith, Harper, Clayton , Mann, Williams, Weber, Taylor . • D I • • • Ap ril 16, 19 79 Page 10 Nays : None. • • - The Mayor declared the motion carried. ORDINANCE NO. 19 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 18 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE APPROVING AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE CITY OF SHERIDAN, COLORADO, WHEREBY ENGLEWOOD SHALL PROVIDE COMMUNICATION SERVICES FOR FIRE CALLS AND SERVICE INCIDENT THERETO TO THE CITY OF SHERIDAN, COLORADO. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 18 ON FINAL READING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Weber-, Taylor. Council Member Williams. The Mayor declared the motion carried. * * * * * * Council decided to withdraw agenda item 7 (d) an ordinance creating Paving District No. 26 since action was taken to pass it on final reading on April 2, 1979 and no further action is required. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 24 INTRODUCED BY COUNCILMAN MANN AN ORDINANCE VACATING PART OF A STREET BETWEEN BLOCKS 4 AND 5, ENGLEWOOD HEIGHTS SUBDIVISION, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO . COUNCILMAN MANN MOVED TO PASS COUNCIL BILL NO. 24 ON FIRST READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: • I> I • ( ( • April 16, 1979 Page 11 Ayes: Nays : • • .. Council Members Smith, Mann, Williams, Weber, Taylor. Council Members Harper , Clayton. The Mayor declared the motion carried. RESOLUTION NO. 16 SERIES OF 1979 * * * * * * A RESOLUTION APPROVING THE APPLICATION OF KONA COAST, INC., DOING BUSINESS AS KONA COAST, FOR A HOTEL AND RESTAURANT LICENSE TO BE LOCATED AT 4272 SOUTH BROADWAY, ENGLEWOOD, COLORADO. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 16, SERIES OF 1979. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * Assistant City Attorney DeWitt discussed the litigation in the case of the City vs. Lundsburg condemnation. Mr. DeWitt stated the condemnation action arises out of Paving District No. 25. Mr. DeWitt recommended that the settlement be made at $2,750.00. COUNCILMAN CLAYTON MOVED TO ALLOW THE CITY ATTORNEY TO SETTLE THE LUNDSBURG CONDEMNATION CASE FOR $2 ,750 .00. Councilman Smith seconded the motion . Upon a call of the roll , the vote resulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann , Williams, Taylor. Council Member Weber. The Mayor declared the motion carried. * * * * * * Assistant City Attorney DeWitt presented a memorandum from the City Attorney to the Mayor and Members of the City Council concerning the q ualificat i o~ of councilmen -qualified elector . • I • • Ap r il 16, 1979 Page 12 .. • • - COUNCILMAN SMITH MOVED TO RECEIVE THE REPORT OF APRIL 12, 1979, FROM MR. BERARDINI . Councilman Clay ton seconded the motion . Upon a call of the roll, t he vote res ulted as follows: Ayes: Nays : Council Member s Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . None. The Mayor declared the mo tion carried. COUNCILMAN WILLIAMS MOVE D THAT THE LETTER FROM MR. BERARDINI BE ENTERED INTO THE RECORD VERBATI M. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None . The Mayor declared the motion carried . "MEMORANDUM TO: Mayor and Members of Council FROM : Bernard V. Berardini, City Attorney DATE : April 12, 1979 SUBJECT : ~ualifications o f Councilmen -Qualified Elector On April 2, 1979, Mr. Jack C. Patterson submitted to City Council a written request t o vacate the Coun- cil seat held by Donald M. Web er, Councilman from Dis-trict 2. As the undersigned understanoothe petition, Mr. Patter- son maintains that Councilman Weber was ineligible to run for office of councilman in November of 1977 be- caus e he was not, at the time, a qualified registered elector (emphasis mine). It is the undersigned's o pinion that no person need be a qualified regi stered elector in order to be eligible for the office of councilman. Such person, however, must be a "qualified elector" of the City and meet the legal requireients for qualifications of councilman pursuant to 23 of the City Charter as • I • ( • April 16, 1979 Page 13 • • modified by~~ Aspen, 181 Colo. 343; 509 P2d 1269 (1973) requiring a one (1) year residency. All En5lewood municipal elections are governed by the provisions of "Colorado Municipal Election Code of 1965" as amended, Article 10, Title 31, CRS '73 as amended. Said Municipal Election Code d efines qualified electors as follows: '31-10-201 . Qualifications of municipal electors. (1) every person who has attained the age of eighteen years possessing the following quali- fications is entitled to register to vote at all municipal elections: (a) He is a citizen of the United States. (b) He has resided in this state for thirty-two days and in the munici- pal election precinct for thirty- two days immediately preceding the election at which he offers to ' vote. Respectfully submitted, /s/ Bernard V. Berardini" * * * * * * City Manager McCown presented a memorandum from the Di- rector of Community Development to the City Manager concerning State Air Quality Control Plan. Mr . McCown stated the State Air Quality Control Plan is being mandated by the federal government, and the Denver Regional Council of Governments is the local agency handling it in the Denver metropolitan area. Mr. McCown stated the resolution attached to the memorandum is the one which the Denver Regional Coun- cil of Governments is asking to be passed. Mr. McCown stated he understood Council indicated they would like more time to review the entire plan. Mr. McCown stated he contacted the Director of the Denver Regional Council of Governments who stated there would be no problems if Council chose to pass the resolution on May 7th. RESOLUTION NO. 17 SERIES OF 1979 A RESOLUTION SUPPORTING THE DENVER REGION ELEMENT OF THE STATE IMPLEMENTATION PLAN THROUGH COMMITMENT TO IMPLEMENT SPECIFIC AIR POLLUTION CONTROL MEASURES AND TO CONSIDER FOR IMPLEMENTATION THOSE ADDITIONAL MEASURES RECO~ffiNDED AS THE RESULT OF FURTHER EVALUATIONS TO BE CONDUCTED UNDER THE CONTINUING AIR QUALITY PLANNING PROCESS . • D I • • April 16, 1979 Page 14 • • • COUNCILMAN WEBER MOVED TO POSTPONE RESOLUTION NO. 17, SERIES OF 1979 UNTIL MAY 7, 1979. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Di- rector of Finance, Fire Chief and Purchasing Agent to the City Manager concerning rescue unit bids. Hr. HcCown stated the low bid was received from Modular Ambulance Corporation for $29,297. Mr. McCown stated staff recommends that Council accept the low bid and that $25,000 be transferred from PIF to CERF which has sufficient funds to pay the difference of $4,297. Thence, the vehicle along with the other rescue vehicle would be placed in the CERF along with other vehicles of the City and depreciated accordingly and pur- chased at the time necessary. In response to Councilman Mann's question, City Manager McCown stated the rescue unit would be housed at fire station #3. COUNCILMAN CLAYTON HOVED THAT THE BID FOR THE RESCUE UNIT BE ACCEPTED FROM MODULAR AMBULANCE CORPORATION FOR $29,297 AND THAT THE $25,000 PRESENTLY ALLOCATED FOR THIS RESCUE UNIT BE TRANSFERRED FROM PIF TO CERF WITH THE DIFFERENCE OF $4,297 BEING PAID FROM CERF. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Smith, Harper, Clayton, Williams , Weber, Taylor. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a report from Chief of Police Holmes concerning street lights and security at the Villa Parada Apartments. COUNCILMAN SMITH MOVED TO DENY THE REQUEST FOR ADDITIONAL STREET LIGHTS. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows : • I • • ( ( • April 16, 1979 Page 15 Ayes: Nays : • • - Council Members Smith, Harper, Clayton, Mann, Williams , Weber, Taylor. None . The Hayor declared the motion carried. * * * * * * City Manager Mc Cown presented a memorandum from the Di- rector of Engineering Services concerning Paving District No. 26, North Section Agreement with Denver. Mr. McCown stated the agree- ment between the City of En g lewood and the City and County of Denver provides for the district. COUNCILMAN CLAYTON HOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE APPROVING THE AGREEMENT AND THAT IT BE PRESENTED AT THE NEXT REGULAR COUNCIL MEETING. Councilman Smith se c onded the motion. Upon a call of the roll, the vote resulted as f o llows: Ayes: Council Hembers Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. Nays: None . The Mayor declared the motion carried. * * * * * * City Hanager McCown discussed the letter f r om Western Broadcasting Corporation requesting an extension of t ime to remove the tower and transmitters from the property where the City plans to build the golf course club house. Mr. McCown stated there will not be any funds available to build the club house until 1981. Mr. McCown also stated he has checked with the Director of Parks and the architect who both indicated there would be no problem in extend- ing the time to allow Western Broadcasting Corporation to remove the equipment. Mr. McCown recommended that Council grant the cor- poration's request and extend the time up through the end of December, 1979. Assistant City Attorney DeWitt asked if the time is extended, would the City have to give another 24 month notice which the City can not do. Mr . DeWitt recommended that a new letter of agreement be prepared and executed allowing the corporation to stay for a cer- tain number of months. Mr. DeWitt requested further time to study the matter. • I • • - • • • • April 16 , 1979 Page 16 COUNCILMAN CLAYTON MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE THE NECESSARY PAPERS FOR THE REQUEST OF THE RADIO STATION TO BE PRESENTED TO THE COUNCIL AT THE NEXT REGULAR MEETING. Coun - cilman Smith s ec onded the mo t i on . Upon a c al l o f the roll, the vote resulted as foll ows: Ayes : Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None . The Ma yor decl a red the motion carried. * * * * * * Mayor Taylor discussed the frozen water line problem in response to Ms. Audrey Scott who appeared before Council earlier in the meeting. Mayor Taylor granted permission for Ms. Scott to reappear before Council to reassert her position on the issue. Mayor Taylor assured Ms. Scott that Council was working on the problem and would keep the public informed. Mayor Taylor granted permission for Mr. Jones to appear before Council. Mr. Maurice Jones , 5020 South Washington, spoke on the commendation g iven to Mr. Michael Wood and expressed appreciation by acknowledging that Hr. Wo od and h i s parents had stayed for the entire Council meeting . * * * * * * There was no further business to be discussed. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE MEETING. 9 :20 p .m. l'l ayor Ta y lor ad j ourned the meeting without a vote at • I • • ( ( c • 3690 SOUTH JASON. • • • IN G LIWOOD, COLORADO 10110 YOUTH !«>NTH PROClAMATION WHEREAS, the Benevolent and Protective Order of Elks has designated the week beginning May 1, 197 :1, as Youth Week to honor America's Junior Citizens for their accomplishments ; and to give fitting recognition of their services to Comm unity, State and Nat i on; and, WHEREAS, Englewood Lodge 2122 ~ill spons or an o bservance on May 18, 1979, in tribute to the Junior Citizens of this Community; and, WHEREAS, no event could be more deserving of our support and participation than one dedicated to these young people ~ho represent the nation's greatest resource, and ~ho, in the years ahead, ~ill assume the resp onsibi li t y f o r the advancement of our free society; and, WHEREAS, our Yourh need the guidance, inspiration and encouragement which ~e alone can give in order to develop those qualities of character essential for future leadership; and, go forth to serve America; and, WHEREAS, to achieve this worthy objective we should demonstrate our partnership ~ith Youth, our understanding of their hopes and aspirations and a sincere ~illingness to help prepare them in every way for the responsibilities and o pportunities of citizenship; NOW, THEREFORE, I, James L. Taylor, Mayor of Engle~ood, Colorado, do hereby proclaim the month of Hay, 1979, as Youth Month , and urge all departments of government, civic, fraternal and patrio tic groups, and our citizens generally, t o participate ~holeheartedl y in its o bse Mayor of ATTEST: Englewood , Colorad o City Cler~= Bill Jame~ • I • • ( 0 • ( • IPO"~ 3690 SOUTH • • • JASON. I NG LIWOOD, YOUTH MONTH PROCLAMATION COLOIADO 10110 WHEREAS, the Benevolent and Protective Order of Elks has designated the week beginning Hay 1, 1979, as Youth Week to honor America's Junior Citizens for their accomplishments; and to give fitting recognition of their services to Community, State and Nation; and, WHEREAS, Englewood Lodge 2122 will sponsor an observance on Hay 18 , 1979 , in tribute to the Junior Citizens of this Community; and, WHEREAS, no event could be more deserving of our support and participation than one dedicated to these young people who represent the nation's greatest resource, and who, in the years ahead, will assume the responsibility f or the advancement of our free society; and, WHEREAS, our Youth need the guidance, inspiration and encouragement which we alone can give in order to develop those qualities of character essential for future leadership; and , go forth to serve America; and, WHEREAS, to achieve this worthy objective we should demonstrate our partnership with Youth , our understanding of their hopes and aspirations and a sincere willingness to help prepare them in every way for the responsibilities and opportunities of citizenship; NOW, THEREFORE, I, James L. Taylor, Mayor of Englewood, Colorado, do hereby proclaim the month of Hay , 1979, as Youth Month , and urge all departments of government, civic, fraternal and patriotic groups, and our citizens generally, t o participate wholeheartedly in its observance . ATTEST: Bill James Ci ty Clerk-Treasurer • JAMES L. TAYLOR Mayor of Englewood , Colorado • I • • ( • IPO"~ 3690 SOUTH • • .. • JASON, INGLEWOOD, YOOTH ~TH PROCIAMA.TION COLO I ADO 10110 WHEREAS , the Benevolent and Protective Order of Elks has designated the week beginning Hay 1, 1979, as Youth Week to honor America's Junior Citizens f or their accomplishBents ; and to give fitting recognition of their services t o Community , State and Nat ion; and, WHEREAS, Englewood Lodge 2122 will sponsor an observance on Hay 18 , 1979 , in tribute to the Junior Citizens of this Community; and, WHEREAS, no event could be more deserving of our support and participation than one dedicated to these young people who represent the nation's greatest resource, and who , in the years ahead, will assume the responsibility for the advancement of our free society; and, WHEREAS, our Youth need the guidance, inspiration and encouragement which we alone can give in order to develop those qualities of character essential for future leadership; and, go forth to serve America; and, WHEREAS, to achieve this worthy objective we should demonstrate our partnership with Youth, our understanding of their hopes and aspirations and a sincere willingness to help prepare them in every way for the responsibilities and opportunities of citizenship; NOW, THEREFORE, I, James L. Taylor, ~~yor of Englewood, Colorado, do hereby proclaim the month of May, 1979, as Youth Month , and urge all departments of government, civic, fraternal and patriotic groups , and our citizens generally, to participate wholeheartedly in its observance . ATTEST : Bill James City Clerk-Treasurer JAMES L. TAYLOR. Mayor of Englewood , Colorado .I I I . " ·~ ' I I • • ••o4J~ 3690 SOUTH • • • JASON, I NG LIWOOD, YOOTH !OfrH PROCIAMlTION COLOIADO 10110 WHEREAS, the Benevolent and Protective Order of Ilks has designated the week beginning May 1, 1979, as Youth Week to honor America's Junior Citizens for their accomplishaents; and to give fitting recognition of their services to Community, State and Nation; and, WHEREAS, Inglewood Lodge 2122 will sponsor an observance on Hay 18 , 1979, in tribute to the Junior Citizens of this Community ; and, WHEREAS, no event could be more deserving of our support and participation than one dedicated to these young people who represent the nation's greatest resource, and who, in the years ahead , will assume the responsibility for the advancement of our free society; and, WHEREAS, our Youth need the guidance, inspiration and encouragement which we alone can give in order to develop those qualities of character essential for future leadership; and , go forth to serve America; and, WHEREAS, to achieve this worthy objective we should demonstrate our partnership with Youth, our understanding of their hopes and aspirations and a sincere willingness to help prepare them in every way for the responsibilities and opportunities of citizenship ; NOW, THEREFORE, I, James L. Taylor, Mayor of Inglewood, Colorado, do hereby proclaim the month of May, 1979 , as Youth Month , and urge all departments of government, civic, fraternal and patriotic groups, and our citizens generally, to participate wholeheartedly in its o bservance . ATTEST : Bill James City Clerk-Treasurer JAMES L. TAYLOR Mayor of !nglewood, Colorado .I I • - 3690 SOUTH • • • JASON, I NG LIWOOD, YOOTH !Dn1l PROClAMATION COLOIADO 10110 WHEREAS, the Benevolent and Protective Order of Elks has designated the week beginning Hay 1, 1979, as Youth Week to honor America's Junior Citizens for their accomplisn.ents; and to give fitting recognition of their services to Community, State and Nation; and, WHEREAS, Englewood Lodge 2122 will sponsor an observance on May 18, 1979, in tribute to the Junior Citizens of this Community; and, WHEREAS, no event could be more deserving of our support and participation than one dedicated to these young people who represent the nation's greatest resource, and who, in the years ahead, will assume the responsibility for the advancement of our free society; and, WHEREAS, our Youth need the guidance, inspiration and encouragement which we alone can give in order to develop those qualities of character essential for future leadership; and, go forth to serve America; and, WHEREAS, to achieve this worthy objective we should demonstrate our partnership with Youth, our understanding of their hopes and aspirations and a sincere willingness to help prepare them in every way for the responsibilities and opportunities of citizenship; NOW, THEREFORE, I, James L. Taylor, Mayor of Englewood, Colorado, do hereby proclaim the month of May, 1979, as Youth Month , and urge all departments of government, civic, fraternal and patriotic groups, and our citizens generally, to participate wholeheartedly in its observance. ATTEST: Bill James City Clark-Treasurer JAMES L. TAYLOR Mayor of Englewood, Colorado I '· " •, I • • • ··i! 3690 SOUTH • • • JASON. I NG liWOOD, YOUTH lDfTH PROCIAH&TION COLO I ADO 10110 WHEREAS , the Benevolent and Protective Order of Elks has designated the week beginning May 1, 1979, as Youth Week to honor America's Junior Citizens for their accomplisn.ents; and to give fitting recognition of their services to Community, State and Nat ion; and , WHEREAS, Englewood Lodge 2122 will sponsor an observance on Hay 18, 1979 , in tribute to the Junior Citizens of this Community; and, WHEREAS, no event could be more deserving of our support and participation than one dedicated to these young people who represent the nation's greatest resource, and who, in the years ahead, will assume the responsibility for the advancement of our free society; and, WHEREAS, our Youth need the guidance, inspiration and encouragement which we alone can give in order to develop those qualities of character essential for future leadership; and, go forth to serve America; and, WHEREAS, to achieve this worthy objective we should demonstrate our partnership with Youth, our understanding of their hopes and aspirations and a sincere willingness to help prepare them in every way for the responsibilities and opportunities of citizenship; NOW, THEREFORE, I, James L. Taylor, Mayor of Englewood, Colorado, do hereby proclaim the month of May, 1979, as Youth Month , and urge all departments of government, civic, fraternal and patriotic groups, and our citizens generally, t o participate wholeheartedly in its observance. ATTEST: Bill James City Clerk-Treasurer JAMES L. TAYLOR Mayor of !nglewood, Colorado .I ,, ·~ I • - ,. -. ~ • TO: FROM : DATE: City Manageji1qC~n Richard s. ~~~ Director May 2, 1979 • • • of Community Development SUBJECT: Encroachment Request: 4363 Sou th Grant Street Mr. Leonard A. Billingham, the owner of property at 4363 South Grant Street, has requested approval of an encroach- ment into the right-of-way for the 34-inch split-rail fence which has been installed within one foot of the sidewalk across the front o f his property . The fence has also been installed along the north and south sides of his fr ont yar d at the property line. Mr. Billingham installed the fence several weeks ago and did not realize that he should not locate it just behind the side- walk without first getting the approval of the City Council. This appeared to be a more logical location than back on his property line, and so that is where he installed it. Mr. Billingham takes great pride in the appearance of his property and the improvements that he has made in both the house and yard since he acquired the property, and until he was contacted by one of the Code Enforcement Inspectors, he did not realize there was a problem with the fence. To be certain that the fence would be sturdy, Mr. Billingham installed the posts in concrete, and it would be very difficult to relocate the fence, although not impossible to do so. Mr. Billingham understands that he would have t o relocate the fence if the City were ever to request him to do so. The 4300 block of South Grant Street was improved through Paving District No. 16 in 1966. South Grant Street is designa- ted as a local street and is not pro jected in the Master Street Plan to be other than a local street. It would seem, therefore, that the City would not have any reason to increase the road- way width in the f utu re, or to relocate the sidewalk. The matter has been referred to the Director of Public Works, the Director of Engineering Services and the Chief Building Inspector, an d they have no objections to the fence remaining where it is, or to the encroachment being approved. Were the fence not alr eady installed, however , the staff would have • ' . ,. '• ' I • - • City Manager McCown May 2, 1979 Page -2- • • • recommended that the fence be set back at least one f oot be- hind the back of the sidewalk. After talking to Mr. Billingham and reviewing the issues in this matter, the Planning Division also recommends that the encroachment be approved. gw • I . e l ,1 H I 2530 ~- s-tilt wo'1 E _,..l-1 1 ~'$0 1760 .L -~•~'yo ;~0 I . 530 l -()0 1 -f'I D__. .Lt mv ~ .L -,~~ .L /bOV '!Jk AD Y ''If£ I -__ =:::.....---~-·-- t:::Dll\JC4 .QI I~~"' -30 0 L-. 4oo t.. t~O o r rsJo .r ,g~o , I I ,_I 'iOD ~~k'r30 Ii1..'('10 ~ I 2470 r ~ r r'l ~ 1 tsl 1720 1~0 mo r I I §? --'- 'iHT ~r·· ~ - ~30 t... 1/oo I · 1.tr.}D .. , I -_.3.4-.4.Q. f.- !¥-~ -'-L l OV .... 276() ..... I 011 "" ,_, . !;j 2330 27 10 . fsl --- ---------- _____ £:-. r r ~ L -~ {.-. ~ II I -PD I -150 50 0 . [[§ I ~ {:,-()' -,~:50 . /.. 1{00. I -111V J. -. 1960. --..... T •• r ,(r~ ~30 1..-l{oo I -73° • 070 a§l ~' -C=~-==~~~==~ ,.. • ~ I . I I t ~ I nd 1'111\"L o T~, trr. DADE, D i ~ ~ . . ~ ~~) t.1'fC10 .r 23b.Q 2400 ~ ~ '-- F ___ -_: - m 1c.M£ s, tJ ~c. Wullero I , L 4 B t-- ~il ~~ (/ L -~~ ll ~,~i~ £~,-- 4 111. 1 H-nU -.G [B -...:1 ~~~ L-6 00 b I 1,0SO -mo Aowm ~~rLJ; L· i{oo ;3o -o(Oo I .!'1'1.30 3~I '-3'1.0 2260 -. ?, H tG rs -.. G t ····~ ___ , -53o L-......1 5~0 • '(0 0 ·'fo -1~.1~ 'Pf' I -'-- - ...... -- ,---_.:__ -~· 13 U H'-njA~,F .. •H . I ~ 'i3·10 1-1-STC) '6 ,t----,1 ~ r <; 1 ~~~~;6 · ~ ~ 530 J i ~0 , I Gt , ., IIOo -'-100 '5.3o I '2. J.O I 1.1~0 <.·,'iOO 2~10 , 2330 G .,o,o• F I IN G _ ' 1410 ~ ~--- .. -~ 530 ---t..-~oo I -1..2.60 5QO ., ,, I -i ' 1-+-i "T . I I ' ~ I I l h ~- ~ _...._ 1-~ I o! 1 g · z · ~i ~ I I I . i >-· C:::l ~ E I _.Z ~ I t .... I ~~-p~--~~~-. -; .r·J 7 .. _r-wMJAVte a~:•; I 7' J I -J 1 ,-. ; -:_u' -1 1 k l i I '1 f ... ~ ~ .I I I I J I L I ~ 1i I ' I I -l.. 8 50 . L -6 {... · Vo ' . .. '11 ·/I SO 1 -SI D L; &~" l 2 0 20 r , Q IJ :R I I I . I I o.• ·-" ~~[{.;8 ~ IB L ol e ~~jr : 317 L · 6 0 l -11 0 - 2 0 0 550 -r -55~ L · 1./{>(J L L{O O . rf>oJo 1 1.43o J270 2920 c - 1 · ' l ~ {,'iD I I -• • • • TO: FROM: DATE: • ,. - City ManageJJ~clown Richard s,!~~h, Director of Community Development May 2, 1979 SUBJECT : Encroachment Request -424 West Oxford Avenue Mrs, Dorothy Roland has written to the City to ask permission to install a forty-eight inch chain link fence along the north and west sides of their property at 424 West Oxford Avenue, which would encroach into the right-of-way for South Elati Street and West Oxford Avenue, The Roland property is on the southeast corner of Oxford and Elati and they feel that the fence would improve t he appearance of their property and give them more privacy, Mrs, Roland requests that they be permitted to install the fence three feet, six and one-half inches (3'6-l/2") behind the back of the sidewalk on the west side of the property, causing an encroachment of approximately three and one-half feet (3-l/2') into the South Elati Street right-of-way, On the north aide of the property, the fence would encroach approximately fourteen (14) feet into the West Oxford Avenue right-of-way if it is installed three feet six and one-half inches (3'6-l /2 ") behind the sidewalk, The request has been discussed with the Director of PUblic Works, the Engineering Services Department and the Chief Building Inspector, and they do not object to the installation of the fence as proposed, if the Rolanda understand that by signing the encroachment agreement they are committing to re- move the fence at such time as the City requests thea to do so, West Oxford Avenue is one of the few instances in which the City has a 100-foo t right-of-way and has installed a roadway 66 feet Wide, No one in the Planning Division, PUblic Works or Engineering Ser vices Departments, can anticipate any reason why West Oxford Avenue would ever be widened beyond the present 66-foot width, The street is designated as a Collector in the Comprehensive Plan, primarily because it does not ex- tend east of South Clarkson Street and it does not extend west further than South Irving Street, There are no plans of which the staff is aware which would change this situation • • .. . I • • • - • • .. • I ,, • I ' I I . 1- • • • TO: FROM: DATE: • • - City Manage')~~lown Richard S ~~4sh, Director of Community Development May 2, 1979 SUBJECT: Encroachment Request -424 West Oxford Avenue Mrs. Dorothy Roland has written to the City to ask permission to install a forty-eight inch chain link fence along the north and west sides of their property at 424 West Oxford Avenue, which would encroach into the right-of-way for South Elati Street and West Oxford Avenue. The Roland property is on the southeast corner of Oxford and Elati and they feel that the fence would improve the appearance of their property and give them more privacy. Mrs. Roland requests that they be permitted to install the fence three feet, six and one-half inches (3'6-l/2") behind the back of the sidewalk on the west side of the property, causing an encroachment of approximately three and one-half feet (3-1/2') into the South Elati Street right-of-way. On the north side of the property, the fence would encroach approximately fourteen (14) feet into the West Oxford Avenue right-of-way if it is installed three feet six and one-half inches (3'6-l/2 ") behind the sidewalk. The request has been discussed with the Director of PUblic Works, the Engineering Services Department and the Chief Building Inspector, and they do not object to the installation of the fence as proposed, if the Rolanda understand that by signing the encroachment agreement they are committing to re- move the fence at such time as the City requests them to do so. West OXford Avenue is one of the few instances in which the City haa a 100-foot right-of-way and has installed a roadway 56 feet wide. No one in the Planning Division, PUblic Works or Engineering Services Departments, can anticipate any reason why West OXford Avenue would ever be widened beyond the present 56-foot width. The street is deaiinated as a Collector in the Comprehensive Plan, primarily because it does not ex- tend east of South Clarkson Street and it does not extend west further than South Irvini Street. There are no plana of which the staff is aware which would change this situation • • I • • - 0 • • City Manager McCown May 2, 1979 Page -2- • • • It is, therefore, the recommendation of the staff that the encroachment be permitted. • ' I • • ( • --,, -• --....; ... "--/~ ~:J -£.. -~ \ 1~1 · Ct:iJ ~-~An~ _:.,_ ""' '" . I ~~ ,., -: 1~0 • -4 ·--- -.:...1 '-I -----'--!._ ~5 ..:z__-,----• ,.r· · DELA~ _\/ '- • • • • • MEMO R ANDUM 'ID: Andy~. City Manager l"'K!-1: William D. James, Director of Finance Stewart H. Fonda, Director of Utilities A. L. Rhoades, Acting Purchasing Agent DATE: May 3, 1979 ~~ ~ d .5"-7-79 {' SUBJECr: Bids-Allen Plant, ~ Stations and Water M:Uns On 'Ihursday, March 29, 1979, at 2: 00 p.m. , bids were opened at Englewood City Hall for the Allen Water Treat:nent Plant Additions and Improvanents and the Dart:m:luth Avenue Pulp Station and Bear creek Pulp Station l-bdifi-cations. Six bidders submitted bids for the Allen Water Treatment Plant Additions and !Inproverrents. '!he apparent lo.r bidder was Petry-Vappi COnstruction, who sul:mitted a base bid of $4,340,000.00; the second bidder was Olsen Construction Company with a base bid of $4,545,421.00; and the third bidder was Casson Construc- tion co. Inc., with a base bid of $4,810,000.00. On late 'Ihursday afternoon, March 29, 1979, representatives of Petry-Vawi COnstruction cam= to the office of canp Dresser & ~1c:Kee and clailred that they had IMde a substantial error in their bid of nenrly $1 millinn. They left copies of documentation with COM which they claimed supported their oontention of a mathematical addition error. COM delivered these oopies to the City of Englewood on Priday, ~rch 30, 1979. On llpril 20, 1979, Petry-vawi formally requested by l etter to be allo.red ·to huve their with- drawn. It is our understanding that the attorney for the City of Englewood was asked for a legal opinion on their request and claim. With the expectation that Petry-Vappi will be allowed to withdraw their bid based an their claim of a mathematical error, we reccmrend the award of Allen Water Treatment Plant Additions and lmFrovanents, Base Bid plus Alter- nate B work in the am::>unt of $4,708,496.00 to Olson Construction Co. 'Ihree bidders submitted bids for the Dartmouth Avenue Pl.lllp Station and Bear creek ~ Sta1:ion l-bdifications. '!he lo.r bidder was Po..der Horn Constructors with a bid of $184, 753.00; the second bidder was Northern Contructors with a bid of $200, 770 .00; third bidder was Robert H. D:>ugan Construction Co. with a bid of $220,883.00 We reoc:mrend the award of Dart:rrouth Avenue ~ Station and Bear creek Punp Station M:xlifications to Po.rder Horn COnstructors in the am::>unt of $184,753.00 • I • - • ( - ~ r-ay 3, 1979 Page 2 • • - On Wednesday, April 18, 1979, at 9:00 a.m., bids were opened on the water Transmissioo Mains Project. 'nu'ee bidders, Holsam concrete Products Co., Ncrnad Constructors, Inc., arrl Garney cmp:mies, Inc., sutJnitte1 bids. For the <XIIbination of COntract 1, 2 (reduced sc::qJe), 3 and 4, the low bidder was Holsam Concrete Products Co. with Alternate A, 0\rti.le Iron Pipe. We rea:rrmeOO that the City award Contract lA, 2A (redoced scope), 3A arrl 4A to Holsam Concrete Produ=ts eo. in the anount of $2,487,171. oo we also reccmrend that the City oot exercise the deductive alternative for the elim:inatioo of the polyethelene encasement in the anount of $10,975.00. Sumary of 'RecC1I1'!Ieild Bid .Awards Project Allen Treatment Plant l:lart:l'lnlth & Bear creek rutp Statioos water Transmission Mains Contractor Bid Olson Construction Co . $4,708,496.00 Pc:JwderOOm Constructors $ 184,753 .00 Holsam Concrete eo. $2,498,146.00 $7,391,395.00 • I • • • • • • MEf~ORANDUM TO : Andy fkCown, City Manager FROM: Stewart H. Fonda, Director of Utilities DATE : May 3, 1979 SUBJECT: Bid Awards Enclosed are two letters from Camp, Dresser & McKee, Inc. which recommend award of bids received on the water treatment plant expansion, transmission mains, and two pump stations together with bid forms indicating the bids received on these projects. It is recommended that the following bid awards be made : 1. Bid on treatment plant from Ol~en Construction for $4,708,496 to include Base Bid plus Alternate B. 2. Bid on transmission mains from Hols~m Concrete Products Co. for $2,487,171 plus $10,975 (polyethelene encasement). 3. Bid on pump stations from Powderhorn Constructors for $184,753. A letter is enclosed from Petry-Vappi Construction Company requesting that their apparent low bid be withdrawn from consideration due to a major error in the calculation of the final bid price. The City Attorney has indicated that the City probably could not collect the bid bond if an attempt was made to do so. It is therefore recommended that the bid of Petry-Vappi be with-drawn from consideration . Estimates of the causes for the cost overruns from original estimates are as follows: (Original estimates were the estimates of project cost prior to the preparation of engineering plans and specifications.) a. For the pump stations, the $113,000 overrun from original estimates is due mainly to changes in the design found during the design of the project. The bid was very close to the final engineer's estimate. b. For the transmission mains, the $768,000 overrun from original estimates was due to poor estimating on the part of the engineer ($568,000) and to one additional section of line that needed to be constructed ($200,000). c . For the treatment plant the $586,000 overrun is due to poor estimating on the part of the engineer ($386,000) and changes made during the design of the project ($200,000). • I • • • • • Memorandum to Andy McCown May 3, 1979 f' Page 2 • No recommendation is being made at this time on the bids received for construc- tion of the elevated tank since the low bidder is attempting to withdraw his bid at this time. A recommendation to Council will be made on the tank bid on May 21. Stewart H. Fonda SHF/kr Encl. • I • • • • • • ~ :tv.t.ASS.A. GLA.SS, INC. C79S SO BROAOWA.V • ENGLE WOOD, COLO 80110 • 761 ·0523 10065 W 44 th AVE • WHEATRIDGE, COLO 80033 • <4 23 3'14 MOB IL SERVICE • METROPOLIT AN AREA btO N CI RCLE DR • COLO SPRINGS, COLO 80909 • 761 ·846 1 8590 PEARL THORNTON. COLO 80129 • 287 2817 • 632 -3581 A UTO • RESIDENTIAL • C OMMERC IAL To : Honorable Council Members City of Englewo od 2 E May 1, 1979 We were re cently informed by one of our neighbors that the city of E nglewood intends to relo cat e the fire station currently on West Bellview . We were also told that the intended site is the west half of our property , or the west half o f the property ajacent to ours . While this plan seems to be in the advanced stage, we have not been notified or consulted as property owners and business operators of the proposed site. We have learned that the main reasons for relocation seem to be: dfficulty of access due to high traffic volume on Bellview, lack of space to house additional equipment such as a paramedic unit , and the fact that the current fire station does not contain the amenities offered the other fire fighters in other new or renovated Englewood fire stations. We are opposed t o this plan . We feel that the cost s, $)00,000 budgeted, are much more than the alledged benefits. We submit that the proposed site is not a good choic e and would not solve the alledged pro ble ms that wo uld require relocation of the fire station. Massa Glass and other businesses in the imm ediate area on Broadway would suffer business losses and would be entitled to compensation. We beliv e that the acces s problem would be worse at the proposed sites. There are very few thr ough streets on the west side of Broadway and those few pass directly by the many schools in the area . This could be a traffic hazzard to the school children and would dis- rupt cla sses on any fire call wh ere those routes we re taken. Street width on Acoma and Layton, (proposed site) is 55 ft. street width ,-on Bellview is 85ft. The current lo cat ion has many options available to solve the space · W£ ADD A TO U CH OF GL A SS • • 0 I • • - • • • • Page 2 problem. There is property in the immediate area that may be available for purchase or condemnation. The current building could be re novated to house the paramedic unit by reconstructing the building furth er .back on the existing lot . By leaving the fire station where it is you would avoid the bad impact on the community around the proposed site. The people and businesses here would not be forced to move because of a fire station that was not here when they chose this area to live and work in . While there may not be suffi cient space at the current site to construct saunas, whirl pools, and recreation facilities, careful c on- sideration should be given to determin whether or not these amenities are necessary to put out fires . If the west half of the property owned by Massa Glass, Inc. is chosen for the new fire station, Massa Glass would be forced to re- locate at substrutial costs. This move could also result in a loss of income to the city in the form of revenues and jobs. Massa Glass em- ploys 16 people in the location on Broadway. Please consider these facts even if you chose to build a fire station that may not be ne e ded . Since~ely, Y'Y\.'~ W'\. Y'Y\.~ Michael M. Massa • t I • • - ( • • • • IMIJ:Jl M:.A.SS.A. GL..A.SS, INC. 4795 SO BR O ADWA Y • EN G LEWOO D. COLO 80110 • 76 1 0523 10065 W 44tl'l AVE • WHEATA I DGE, CO LO 80033 • 4 23 l414 8590 PEAR L T HORNTON, CO LO 80229 • 28 7 28 17 MO Bil SER 'J ICE • M ETRoPO LITAN AREA 5o tO N CIRCLE OR • COLO SPA I NGS, COLO 80909 A U T O • R E SI D EN TI A.L • C OMMER C IA L Members o f the City Counc il • 1'61 -8461 • 632-3581 I j .. , It has come to our attention that the fire department has been con- sidering re-location of their fa c ility c urrently located on West Bellview. We have been told that t h e fire depa rtme n t would like to locate on the west half of our property (4795 south Broadway) or the property just south of here across Layton. I would like to point out that Massa Glass has been in it's present location in Englewood for more than twenty years. During this time we have provided jobs for many people who live in Englewood and have added a considerable amount to the tax base here . Massa Glass has recently been required to make extensive and very expensive refinements to our physi cal facilities to meet current city codes . In addition we have obtained a parking variance in order to continue operations in your city . It is obvious to me that if the fire department re-locates either on our property or the adjacent property, we will have to move Massa Glass. This move would be too co stly for us for many reasons that should be obvious to you . Re-location of the fire department to this area is not practical for many other reasons, such as - narrow streets poor traffic flow four schools on the main routes etc. From a personal view-point, and in desperate concern for the future of my business in Englewood, I sincerely ask that you abandon this highly impractical proje c t . Sincerely , -~;,~,:('.~-.LA./.,_ Lynn C. Massa President -Mas sa Glass, Inc. "WE ADO A TO UCH OF GL A SS " • I • ( • • • • May 2, 1979 Mayor ann City Council Nembers: Gent lemen: I am writinp in r egard to a letter receiv e ~ April 30 , 1979 from Mr . And " l~c C o·,m, Ci t y )Ag r. of En g lewoo<l, r ep,a rding th !l property at the S.:'!:.Corn e r of '-1. I.a ~rton and South .\c oma. I am a uidow, ac:;e 70 . Th e incom e fro M this prope r t y which has bee n in the family for 50 years is my sole source of income. Nr . McCown 's letter came as n corn ry l e t e s u rorise t o IIlii· '1 s I ha ve had no col!li'1Unic a tion from the City i ··rUcntinp that the prope!"t ;r wa s beinp: considered. The l e tter cnme e t a particularly distres sinG time for two r ea sons: 1. I ha ve s nent more than t2,000 on wa ter am se•Je r alone from rrry limited budp:et in the past two ''cars on the resiri ence on the western half of the property; and i~a rl~ition have just snent s everal hundred dol lars for new fencin ~ on th e north si1 e of th ~ house anc for land- scapinr:. I a m i mpr ovin rr t his residence as I ha ve funds a vailable >lith the anticioation of either living there or rentin~ the hous ~, since livinr expenses a ra hic:h in Sea ttle even t hour;h I m.m no property t here . These i ~p rovements, however, have necessarily come to a standstill now, be ca use of this po sdlility t hP.t the City mip,h t tal<e m;r p roperty away. 2. I have been n e ~o t ia tin l" to ~e ve loo the prooerty, again because 1 am dependent on it for my maintenance ann livin a exre nses ~i ch continue t o i ncrea se ea ch dn y. Currently I have a ~te ady income from the orope r t y , but the Cit y 's p an would severely affect me fina nciall y. Not only >loc:l n I lose the propert y 's a ppreciation, but I woulfl also lose t his source of income because of my tax situ 'l tion if the City forces me to s ell-! would a l so have to turn over a lnrae part of t he r i ncina l in t a xes. In a i~i ti o n, the sal e of t his western pa rt of th e pro perty would detrimentall;r affect t he lonl"-term lea seholr1er in t he commercial Blflc:;. on the eastern part of t he n ro~erty . It is my unr.ersta ndin l" t hat it wouln be i mnossible to rabuild a bldg. of t he same size on t he east e rn half o +' the nrope -t y no;1 because of zoninr: restr ; ctions, heiuht 11 .-i t ations, .-,a rking requirements, an-i set- back requirements. Theref ore , the remainder of t he nr oc erty .,,auld be s e verely 1o maged from a co!'1rnercial point o view. I strongl y oppose t his oroo ose1 r e loca tion an i requ est th ~t you c onsi.ie r either t aldn" sene ot he r pro pert y 1-1hich is for sale or r e no~te t he existing ~tation , ns I und erstand th~t t,h ~ pcssibiliti~a r;c:,so under c on sideration. Sincerely, u, a r9 '1\.L o.mer • • ] I) I • • • • • - l·l.T• 2 , 197 9 Gentlemen: ne rdincr t he )'l rono s erl 7:n "l8',1o ori Fi -e Stntion 'leloc1tion f rom ',fest Belleview •\venue to the s .~. corne r o" Ia;.rton ~nil A o a , I 1~ou ri like to r e sent t he follm.fintT ocint s in o sition . t1errntive im m ct on nei<"h borhoorl esi'e n ces anri busin esses : (a) Noise a n"' nui sance rite r sirens , ve'lj cl"!s (b) Property depreci a tion (c) Pa r kin" for hct h businesses ~n ~ r esidenc es 2 . Permanent loss of tax source to t he city "lu e to t al · i n<> of commercial nro pert )•. J . Proximi t y to C o lv ~r v Ra ntist Chu rch , ··1hi ch houses a Pre-School for more t ~a n 100 c h ilrl~en , 4 . Small size of the prooert;r bein f7 consi-iere-1 ; p~rticularly t he narr m.7 Hirl t h of 75 1 • 5. Muc h o oorer access t ha n t hat exi3tin7 a t current Fir e Station due to much na ~rower s treets. 6. Exceedingly hi"h exrense: ~3 00 ,000 buiaet eri --1 ctua l cost to fina l co~n letion e s t ima ted to ~e a t l enst ~5 00 ,0 00 . 7 . Availa bility of i~c es of nroperty a dj a cent to current Fire Station which~ pre sentlv fQr ~. B. lack of abilit ~r t o dispose of current Fire Stn tion nroperty and buildinR. 9. Existence or current unused Fire Station a t Quincy and Pearl Sts. 1 0 . Lack of proximity to arterial streets . 11. Arterial streets wh ich a re c l ose b~r currently nass directly in front of a Pre-Sch0ol, a J r.fl i!"h School, 2 Slemen t ar:r School s, 1 Parochial School. 12. Contrary to current Community Pla n nin~ Stun~n rds, this Fire Station would be movin ~ further ini£ e r e s irl entinl nei-hborhoori . 13 . ~.ast-'Jest a rterials also ha ve numerous danP'erous drainap;e dips(particuhrly under extenrten wint er i cin<> conditions) requirinp; low vehicle speeds. In one insta nce (Chenan<'o) t heir route ~muld require winrtin~ thr ou~h n res ~ential area, s i nce th e art e rial do es not even "0 t hrcu P'h t o th e eastern Cit;r Limits. I •Till present detailed informa tion r e "" rdina these points a t the City Council Hea ting "ay 7, 19 79. Sincerely , • I • ( ( • En ,.,lewo od City Cruncil Mem bers, lf:r. J a mes Taylor, ~layor, an•l ~'r. Dona l'! Harper, Councilman. • • - May 2 , 1979 Dear Jim an ~ Mr. Ha r pe r and C~nt ]e men: Was my da d wron ~? Most of u s t n our a~e bra c yet are looYinp n ow to advise our chi ldren ho•,: best to invest t hemselves--physicallj•, n era lly, s·irituaJ l ;•, f ina ncially. The 1.'hole s pe ctrum o "our " values s e ·ms t¢e u p for qu esti onin <> in t he lirht of to-lay's unfore see n r ealitie s. Could we say r eal estate i s a ~o c d investment for security in old age an~ for our families' future? If my f a ther, Stephen Dr e h e r, Sr., had t a ken his s~ll nest erP a nd put it in som e of t h e "blue c h ip" stocks, e tc. rn ther t han in a p iece of p ro perty at t he corner of La ~~on a n d Broadway, EnPlewood , Colora do , some 50 years a!!o, would he a nd his family ha ve: paid the va rious assessMents -- pavinp si-'ewall:s and 171.1t t ers of' curbin"s there a lonr Rroa<l· . .ray and La vton an-i Acoma?, , Then, when t h e r.i cturesque old barn a n ·l outbuildinps oi' ~rh a t had been t h e Em pire :rench became an "a tr'l.ctive nuisan ce" to t he chilrl ren beinr, educate in our newly-cons tructed n earby o ride of the community , Sinclair Jr. HiPh School, w0ulrl he ha ve been expected to be'l.r the total res pons i- bility ann cost of t en rin" them d own? Or, would he have borne the P.ntire expense a n d he e~tache of cutt inP, d mm and h aulinp a :-1a y that lonr-row of centuries-old f'iant cottonwoods lininn: the 48 00 block of Broadway w"l en the wine! an.J. we a the r cause-1 them to b ecome a t ·a f fic ha z ard t o t he newly bu•·peoninP, suburban p opulation which ;ras movi n p in all around us? If h e had r,o ne 'di th SOMe of thes e "blue chios 11 , s'!:r , instead of land, could we now realisticall:r expect to r ick u p the n ews paper one :'a:r a nd read thet our elected officials n re f'Oinf' to vote next Honday 1-rhether or not to use our r etirement income to RELO CATE a fire sta tion? On the othe r hand , would he a n ~ aJl of us little Drehers have had the joys a n•l pleasures o f r-r m.rinfT u p an·' raisinp our kids, beinr, a real part of our •ronderful City of Bn P"lew ood?--petting our early ed ucn tion in Sn"lewood' s trul" l"reat schoo l syst em , d e velo p inr' our specia l "sense o" conmrunity" throuph EnPle wood 1 s fine institutions, throuF!h c ontact with SnP"le•.wod 1 s o ioneering f ami lies, our ch urches, our merchants, our oolice, our v olunteer fire d epart men t, our Ol·m syr1ph ony orc hestra? etc. etc •• No. I don 't think my dad vra:> wronP"; ani I sincerely hope a n n trust t ha t yo*ll , our Erwlewoo-l City Council, will vot e not to r roceed •,:ith plans to re loc te Fire Sta tion 13. R ~~w.t lly' . . . I l /; ?lA '.:..v..o - -Bett • f·liYe · " V.. • I • • TO THE HONORABLE JAMES TAYLOR, MAYOR, AND MEMBERS OF THE CO UNCIL, IN AND FOR THE CITY OF ENGLEWOOD, COLORADO IN RE: The right of Donald M. Weber to remain a member of ENGLEWOOD CITY CO UNCIL, JACK C. PATTERSON, Petitioner, Donald M. Weber, Respondent, ADDENDUM Mr. Mayor and Gentlemen of the Englewood City Council, you have not, to date, voted on the above titled petition. This Addendum has been prepared to aid you in making that decision. The following quotes have been excerpted from, COWAN vs ASPEN, Colorado Reports, Volume 181 at page 343; The Englewood Home Rule Charter: The ~olorado Municipal Election Code; The Constitution of the State of Colorado. Bernard Berardini, in rendering his opinion, concerning Aspen•s three year durational residency rule, was quite correct, the three year durstional residency rule is unconstitutional. Cowan wanted his name placed in nomination for mayor, two other persona wanted their names placed in nomination for city councilmen. The elect.ion commission refused as the three had not lived in Aspen for three years. The three sued: the trial court found for Cowan: the Aspen election commission appealed. Mr. Justice Hodges delivered the opinion of the Supreme Court. It is below in quotes, in part: " (lJ On the primary issue, we hold that the trial court•s Judgment invalidating as unconsti tut1onal the three year durational residency requirement is correct and we the9fore affirm." In addition, the Supreme Court held that the statutory re- quired residency rule of one year was valid. Council will please note that the only question before the court in COWAN vs ASPEN, was one of residency. It council will recall, my petition admitted that Weber met the requirements of residency. Council should also recall that the petition questioned Weber•s competentcy as a qualified elector. Englewood•s Home Rule Charter, the supreme law of the city: law that can only be changed by charter convention and/or t he vote of the people, under Article 23, Section 23, states in part: Further, under Article I, Section 2 states: "The ~unicipal Government provided bJ this Charter shall be the "Council-Manager" form of government, and shall not be changed except by Charter Convent- ion. Pursuant to its provisions and subject only to limitations imposed by the State Constitution and by this charter, all powers of the City shall 5e vested in an elective council." • ) I • • • The Colorado Municipal Election Code (31-10-302) states in part: "Candidates tor municipal offices shall be nominated, without regard to political party affiliation, by petition on forms supplied by the clerk ••••••• • • • • (deleted)" And again (31-10-302) states at paragraph {5) no registered elector shall sign more than one nomination petition tor each sep- erate office. Petitioner states that this section of law points up the fact that one needs to be a qualified elector to sign a petition, and further a qualified elector must, to fulril all qual- ifications, register as a vot e r. The Constitution of the State of Colorado, the supreme law ot Colorado, states under ARTICLE VII, Section 1: "Qualifications of elector--Every citizen of the United States who shall have attained the age of twenty-one years, (now modified to 18 years) shall have resided in this state not less than one year (now modified to 32 days) next preceding the election at which he offers to vote, and in the county, city, town, ward, or precinct such time as may be prescribed by law, and who shall have been duly registered as a voter if required by law, shall be qualified to vote at all elections: • • • • • (deleted)." And again at ARTICLE VII, Section 6, the law states: "Electors only elgible to office.--No person except a qualified elector shall be elected or appointed to any civil or military office in the state." We submit the proposition that the Constitution of the State of Colorado clearly states that a qualified elector must be registered to vote in the City of Englewood. We further submit that retusual by the Englewood City Council to remove Donald H. Weber from the Office ot Councilman in District Two {2) and re- fusal to declare said office vacated and vacant, and thereafter to take the proper legal action to fill said office, is a vio- lation of Petitioner's rights under the Constitutions ot both the United States . (14th Amendment) and the State ot Colorado, and in turn violates the Englewood Charter Law. Respectfully Submitted, ~lr ~· '/"vi~ Jac • Pa~rson 35€ 7 South Ogden St. ~nglewood, Colorado • I . - ,au.LrnU.m~ .<. '!l~ .!L ~ [t . (}-·'f -19 I - 0 • • • • • 4 A MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: April 24, 1979 SUBJECT: Community Development Block Grant Application Housing Assistance Plan RECOMMENDATION : Pierson moved: Bilo seconded: The Planning Commission accept the Community Development Block Grant application and the Housing Assistance Plan as written, and that these documents be recommended to City Council for approval. AYES: Tanguma, Becker, Bilo, Carson, Draper, Lathrop, Pierson NAYS: None ABSENT: Smith, Williams The motion carried. By Order of the City Planning and Zoning Commission , • I • • - ,__ ...... • • • I. CTAft AI'PUC.I. t-: .. ,..-:--=-----1 TIOfl at r-r~ ~· :;;n. •. -..all I. DATt USICifiUD 19 I. fiiiUW. [W~LOyt~ IDUITifiCATIOM liD . .. --,City of Englewood ··--:Dept. of Community Dev e lo p ment .. o.lhwlll'.o... :3400 South Elati ~•o · r:•:o.·-;:"";::":;:'.:::•:.._ _ __.1....:/..J..-'I "t~'·~ o.c.,. •Englewood .. --.:Arapahoe .c;-w l •.nm 1·-•Colorado .. "''*' 80110 1 ~,;:;:, j .. c.... ,.,.. '"---I c:.,.,.~) I I ~\"-No.I :Richard S. Wanush 761-1140 -40Q. 1. TITLI NOO DUCIU~TIDII or u~uCANrs f'IIOJ~T Single purpose !-:. a.;:-;r::•=n=-=c-=,':A::~::"'-'::CAII=::r::,~:::,::c:::tl'l:::,::.,:::r:------ 1 grant addressing the housing factor. The ~~ ~~~~~~~ program is a housing rehabilitation projec c-t=;-~,~~~~): ' designed to upgrade substandard housing in tt:-. 1-w-1 Cftlrkt areas where concentrat1o ns o f this type of ~~ ~ property exist, Upgrading to be accomplis •---"-LID ed through subsidized loans to those who !.!:'.!'.-1ST~ I qualify under Federally defined low-income w.n•--'-&., ........ r.r1 -*. ~<:!. D .• ~ c.<.. ,_ WUn(tJ ~ 1.0. _..,. ur "'"'""'' fWPACT 11.:-•IWW. _,.... U, !&TIIIAIT.D NUM· II. TYI'£ D' A .. LICATI:III •K.:-. ~u.J U:Ji.·a~u::n•• I:::;...., :::::.."'-l....,...._ City of Englewood 4600 •-..... .,.,,..,,.,,[A] U . NOI'Chi~D rUNOIN;J 14. CONG.GSI.;)HAL. O&ST•tcn or·: j ~!.!!: :: .. ~KAH~~~:.;.:~) o. f[O[MI. a<:<:b , UUU .DO o. APPI.Ic:.un' I. MlltCT • ·--• flotlo~ ' AfP\,':ANf .eo 5 5 I~~~:,:. .. SlUt .00 "" NOJ'i!,.S!:r. lJ. ~\~H . I ~..-6 .. ~ .,,~ . .!..!..Cl!'L 80 000 ... DAT~~~9 8 t· 24 .:~-··· I _. ....... (., o-_o o CITII[I 300 . 000 • JL CST! MATEO DATl TO r-_,., .. -•• -... Lli&TIIIG flDIIL\1. ID(IITifiC:ATIOII IIUM~ · · •1. aueM1n1o l'o 1 ~t J606 000 .110 no~IIAL AWIICY. 1t79 5 14 ·-·-- a, ,II)IIJU,I. ~TO IIKIIYI IIIQUUT IN-GOt .. -1111-1 I Jl, IILMAIIQ AI>LilG HUD 1405 Curt is Denver Co 80202 o Y• o "" I ll. e . le ........ ., ......... llf IIIIW, &t. W ,...,_. 11r 01111 c;,.._'-' ~h ''"" ....... l ....... ;•:M, ..,...r.1 t1 1.-. 1\'• "<· ................ ....,...... .. ........ ....... .......,... .. u..v.a.-.............. .,. aiiMW: ·~ ... THE _ .... _ ... _ .. _ APf'LICAIIT ..., -.... - -of ,.,. u'""'u .. ...,_..,., ..,_ ... -Ill Denver Regional Council of Govt {i THAT.,. ::-,:..~-··-:State Planning Office 0 I lL o. TJP:D Ulll-tiM I. -o. llo\Jl IIGIIG ···~­.. ......... 0 8 =~NG Andrew J, McCown, City r•• KJITI.TI\11 Ml!:r Citv of l<nal<>utnnrl It -- ffo~PLICAo r ... ...U. •• a[CIIVlD It a -IIATI-~IT 17, -HIITf-'IIYl OI'PICI a r=~'ic::t~~CATic,;- 1 II. ADOitiSI 10. f[.D[RAL GltAN'r IDUITifiCATION I IL-T-1-U.=----rPU=-=·=-----i r--.. so. &TAittiiiG r..,......,. •• • _,,1 ov-o- IT--411 P-I IICI-7tl --··Ga<&.'_"'_-.... •levels and unsubsidiz ed low interest loans to others within target areas • • I • • • • 0 . . I 4 V.~.l)f;~ARTMI:HT 01' ..OV51-AHO VR ..... DCV&~ 1. NAMa OF APPLICANT OMB"' 63R 62 IMALLCITIU City of Englewood ~~~PIIOGilAM 2 .... I'LICATIOOI/GRANT NUMUR NEEDS AIIEISMENT AND STRATEGY STATEMENT 4 . ~ORIGINAL, OA T EO Ma~ 3, 19Z:.! DAM.NDMiNT , DATED "ART I • c-nicy O...elopmentencl Hollaing NMdt A. CO 'oUoiUNITY DEVELOI'MEIIIT "'EEDS. DATA SOURCE : See Attached 0 Ch.ck i f continuftJ on Mldirion., llhHt(rJ -•rr.:h. ~. HOUSI"'G "'EEDS. DATA IOUIICE : ltiMirifv bv lr.m Num/Hr. See Attached I • -CJ Ch«<r If conrinu«< on MldltioMI lhHtfl/ Md •tra:h. ldMrlfo,l bv ltwm Numw. Paplof Pill' HUC).}QI4 16-781 • • • • WC.YS.~I City of Englewood SMAL..LC ITIU 2 . AII'LICATtON/G .. ANT NUMe~R SIIIIGLII'UIII'Oa riiOGIIAIII NEEDS ASSESSMENT AND STRATEGY STA'TiMfNT ~. ~ o•UGINAL. OATED Ma;t 31 1979 14" D A.WINDMENT . DATED PART II • Cooftpt....._.we Sbt~~W for Mee1i111 Need~ (NMr•tiw Form) See Attached 0 Ch«:k if continu«i on MlditiaMI sh•t(IJ Mid •rr«h. lr»totifv bv tr.m Number. PART Ill · Objectiwn (lndic•r. th• rrl•r.d nNd numw from I'Mt I for -.ch obi«ti~./ f LONG TERM See Attached 8 . SHORT TERM See Attached 0 Chell If t:ontinwd on MlditioNI "-tftl Md •rr.:h . ldtlntify bv I tim NumMr. I . I -----------------------------L----------------------------"" .. • • - • • • • PART I: Community Development ~ The 1979 Comprehensive Plan for the City o f Englewood has identified a number of needs which would be eligible for funding under the CDBG Program . They are as follows : A-1 Revitalize the Downtown area . A-2 Expand open space and recreation facilities. A-3 Maintain and improve Englewood's residential areas. A-4 Facilitate handicapped access to City Hall and other public areas. A-5 Improve fire protection service in the south cen t ral and northeast sections of the City . I • • - • • • • • PART I: Housing~ (As stated in one-year Housing Assistance Plan) are those of low and moderate income levels who are inadequately housed . B-1 B-2 B-3 B-4 B-5 B-6 B-7 B-8 Total Housing Assistance needs : OWner-occupied units Renter-occupied units Housing Assistance needs of Elderly and Handicapped: Owner-occupied units: Renter-occupied units: Housing Assistance needs of small families: Owner-occupied units: Renter-occupied units: Housing Assistance needs of large families Owner-occupied units: Renter-occupied units: Housing Assistance needs of minority families: Owner-occupied units Renter-occupied units 2469 units 431 2038 737 257 480 1391 103 1288 341 71 270 190 24 166 Housing Assistance needs of elderly and minorities: Owner-occupied units: handicapped 14 Renter-occupied units: Housing Assistance needs of small minority families: Owner-occupied units Renter-occupied units: Housing Assistance needs of large minority families: Owner-occupied units: Renter-occupied units: • 0 14 94 5 89 82 19 63 I • • • • • PART II: Comprehensive Strategy to Meet Needs In order to meet Community Development Needs, the City of Englewood is developing a number of strategies, The Comprehensive Plan for the City of Englewood has recently been reviewed in depth by a number of citizen committees , The Englewood Planning and Zoning Com- mission has approved the plan, Final approval by City Council on this document which outlines goals and strategies for improving Englewood is expected this summer, Following the adoption of the Plan, the Comprehensive Zoning Ordinance will be revised to match the directions dictated in the Plan, Among these directions are the creation of a Mixed Use District to allow residences in the downtown and other business areas and the iden- tification of residential areas that may need some incentive for improvement, Another method of reaching the goals of the Plan is the development of a 5-year Capital Improvement Pro- gram. The Capital Improvement Program will establish priorities in development of parks and other city services . One of the strategies to improve the Downtown Area is the creation of the Englewood Downtown Develop- ment Authority, This strategy has involved a cross- section of merchants for planning and implementing downtown improvements, Strategies for stabilizing and improving Englewood's residential character include a continuing of the rehabilitation loan program, A general increase in code enforcement effort in residential areas will complement the rehabilitation effort . The City and Housing Authority plans to continue to work with the private sector in strengthening residential areas and providing low and moderate income groups with a broader range of housing opportunities , To this end, a Housing forum is planned to pull together residents, lenders, builders, realtors, and city officials to exchange views on housing opportunities in Englewood. • I . • • • • PART III: Long-Term Objectives . 1. To facilitate street right-of-way dedication and con- struction of utilities and streets in northwest Englewood in order to open up building sites for family housing . (A-3; 8-3; 8-4). 2. Work with local lending institutions to broaden their involvement in goals of housing for low and moderate income. (8 1-8). 3. Work with the Downtown Development Authority to establish a viable Mixed Use (Commercial and Residential) in Englewood's Downtown sector. (A-1, 8 1-8). 4 . Construct a pedestrian walkway linking the older downtown area with Cinderella City (A-1). 5. Establish a fund for acquisition of sites for assisted housing (A-3, 8 1-8). 6. Expanding and developing bike and hike trails to connect neighborhoods with recreational areas (A-2). • I • • - • • • • • • PART Ill : Short-Term Objectives . 1. Revise Zoning Ordinance to: Allow residences within and surrounding the downtown area so citizens have the opportunity of living close to jobs . Provide incentives to replace seriously substandard housing with good housing. (A-1,81-8). 2. Purchase land for neighborhood parks (A-2). 3. Construct a community center for all ages (A-2). 4 . To continue a Housing Rehabilitation Loan Program (A-3, 8 1-8). 5. Establish rehabilitation code for home improvement (B 1-8). 6. Improve code enforcement capabilities (A-1, A-3). 7. Participate in the Denver Area RHOP (8 1-8). 8. Develop site selection criteria for current public housing allocation and future projects (in progress) (A-3 ; 8 1-8). 9 . Conduct survey of handicapped residents to find where greatest accessibility needs are located (A-4) • • I • OF HOUSING AND URBAJII SMALL CITIES liNGLE PUIU'OIE PIIOGIIAII 1981 See Attached 0 Ch«:lc i f conrimJ«< on Midirion•l a MA• IIHllllNCi See Attached Map: "Target 10. ANTICIPATID ACCOMII'I.IIHMINTI See attached. "· PROJECT COMPONENT ACTIVITIES 1•1 Rehabilitation of Pri-$190,500 vate properties 12. TOTALI $190,500 Pa&e • or • • • 2 . AII'II'LICATION/G"A~T NUMalfl\ •. !l) OtUGINA"· DATiD -------- Under Review 100% $190,500 $300,000 Bank Con- sortium 35,000 State Gra t 80,000 City Gran 26,000 City staf (in-house accounting I bldg, • services). $190,500 ,.., • • • • • Description of Project . The CDBG Small Cities Grant will enable the City o f Englewood (through the Englewood Housing Authority ) to continue to pro- vide subsidized home rehabilitation loans to low and moderate income residents . This addresses the objectives A-3 and B-1-8. The purpose o f th e loan program is to improve t h e housing stock in Englewood and maintain the integrity o f existing neighborhoods, particularly in areas where there is a concentration of substandard housing . A visual survey conducted by the City Building Department en- abled the isolation o f six such areas (see map). It is difficult to isolate income and minority statistics on the smaller areas ; however, in th e larg er targeted areas there is a lower median income (i .e., Tar ge t Areas 1, 2.). All homes in the targeted areas will be elig ible for a rehabilitation loan; however, only low and moderate income households will be eligible for the subsidized interest rate --(0 - 8 .5 %) --made possible by the CDBG funds . Although the targeted areas will be emphasized, the loans (at subsidized interest) are available to any low or moderate income household (as defined by HUD Section 8 guidelines) within the City of Engl~wood. The funds for loans are provided by a local bank consortium. In 1977, an agreement was signed with the bank consortium for a $450,000 line of credit . Negotiations are underway to in- crease the line of credit by $300,000. Households that do not qualify as low or moderate income, but are located in a Target Area may borrow from this fund at the pass-through rate (currently 8 .75%). Other funds available for subsidy include a $35,000 grant from the State Division of Housing. The City is considering an allocation to the program of $80,000. Anticipated Accomplishments . The average subsidy amount in the existing program is $3,274 per loan . The $190,500 is, therefore, anticipated to assist 58 households over the two-year program period . In addition, the State Grant is anticipated to be allocated in average amounts of $3,500, allowing assis t ance to 10 households. The City's allocation will be targeted to those households unable to make monthly payments . In these cases, a $5,000 de f erred payment loan may be granted allowing assistance of 16 house- holds over two years. Work in each rehabilitation case is directed at improving the safety and livability of Englewood 's housing stock . A priority system for work items has been established as: 1 . 2 • Corrections of elements dangerous to the health and safety of the residents. Energy c onse rvation. • I • • • • • 3 . Incipient code violations . 4. General property improvements . The general anticipated accomplishments include the stabiliza- tion of low density housing stock in areas where the trend appears to be toward housing deterioration while increasing the safety and livability of housing stock primarily occupied by low income households . • I . - • U.S. DEPAIITMlNT D• MOUSING AND UII.AN DlVII.OI'MlNT SMAL.L.C:ITIE.S liNGLE I'UIIPOIE PROGRAM COST SUMMARY 3 . PEFIIOD OF APPLICABILITY FAO~ TO August 1, 1979 July 31, 1981 PART A ·SUMMARY OF PROGRAM ACTIVITY • • • F Ot m Appro""d OMB No. 063·R162• 2. Altii'LICATION /GAANT NUMBE." 3 , lZI OIIIGINAL, DATlD 0 AMlNDMlNT, DATl-0--------- orr.nt: *instructions !Hfore cl-if in cost) Amount by Ob 'ectivo lol 3 Publo c Fec1litits 11 .d Improvements 4 6 b Sen ior Center• Perks , Plevgroundl end other Recrtltlonll Fac:olit its Centers for the Hendicapped d Ne ighborhood Fec olotill h k m n Sol id Wlltt 011po11l Fecil itoes Fort Protection Fecilitiesend Equ ipment Pirking fac•htill Publ ic Utilotots, Other then Weter end Sewer Fecilitie• Streit lmprovementl Wlttr end s.-r Fecilitie• Foundetoons end Plltforms for Air Rigllu Sites Ptdestrien Mells end Welkweys Flood end Oreinege Fecil ities Spec11lly Authorized Publ ic Feciliti111nd lmprovemenu (Liar es en erudlm,t.J Clterenct Activit in Publ ic Services Completion of Prtvioualy Apptowed Urbltl R-wll Projecu 9 Peymenu for loes of Rentll lnc:ome 10 Rtmovel of ArchittCturll B~trien s HU0-701115-781 • I • ( • U.5. DVAIITMiNT Df HOUSING AND UIIIAN DiViLDPMiNl 1 i SpeciiiiV Authorized AssisiMICI to Pr iv1tely ~--~O~w~n~e~d~U~t~·lo~·t ~i ·~·------------------------------iS 12 Rehlbtl itltion 111d Pr ... rntion Activities 18 19 4 Reh1bilit1tion of Public: Residenti1l StrUClures b Publoc Housine Moderniution Rthlbilitltion of Private Propenits d Code Enforc:tmtnt Contingencies TOTAL PROGRA~I COSTS Total Bloc:k Grll'lt R._,rces • • - s , ... 20121101111 Tolal s s 190,500 s s s I • • HUD ·708616·781 • ( ( • Boker CS City of ~nglewood Horwrd J Vouor .......... -1~'11""'1 Coll•v• L---.../~'=1 • • • • CENSUS TRACTS Eaolm I . 1970 CENSUS • • • .. - TARGET AREAS Ci ty of Englewood ( ( I . • 1979 ENGLEWOOD BUILDING DEPT. SURVEY • • • - • • MEDIAN INCOMES City of Englewood ( ( I . • 1976 Bureau of census ·-·---~ • • • - • • ·;; , N MINORITIES City ot Eng leWOOd %of Negroe % of Spanish Am. I . • ( 1970 CENSUS • • • • • .. • ( U.S. DEPAR TMENT OF HOU SING AND URB AN DEV ELOPMENT COMM UNI T Y DEVELOPM ENT BLOCK GR AN T PROGRAM HOUSIN G ASSI STANC E PLAN SMA LL CITIES PROGRAM SI NGLE PURPOSE GRANTS 3. PERI OD OF APP LICABI LI TY FROIA: J u ne 1, 1 9 79 TO : May 3 1 1 98 0 4 . IXJ D 0 0 1. N: ',I E OF APPLICANT City o f E ng l e wood Form A~;:,cwxt OM S ~·o 6 3 R 1625 2. APPLICATION /G RANT t/UMBE R B 1--1 1-1 -I I 1-I I I OR IGI NAL REVISION, OA T~ AMEN DMENT, DAT E PART I. HOU SIN G CONDITIONS AVA ILA BLE HOUSING T OT AL UNI T S OW:IER RENTER Ia I lb l lei 1 AIIUnlll (rum o f"""' 2 lf><H I 13 7 7 5 7 902 5 ,873 2 St1ndord 12 201 6 95 5 5,246 3 VKancy Rete 75% 3 % 1 3 % 4 S<Jtmande rd 1 574 898 676 Sui ttbl e fOf Rthebil itetlon• 1 543 880 663 • A.c:aulrftl only If t ppllunt propo .. goalt fOf reh l bllltetlofll. PA RT II . HOUSING ASSIST ANCE NEEDS OF LOWER -INCOME HOUSEHOLDS NUMBER OF HOUSEHOLDS ALL HOUSEHOLDS ALL MINORITY HOUSEHOLDS TYPE OF ELDERLY SMALl. LAAGE ELDERLY 5"'ALL L"R O E HOUSEHOLD ,_, FAMILY FA MILY 11 -2 FAMILY FAMI\,.Y TOTAL tNnontl (4 "' (50< p•rJond (4 "' 15 or ond /ru mo ,.. TOTAL and ,,,. mo,.. ~AN DI · /HrtOitd prflontl HANOI · ptnon rJ PIIIOnJ/ CAPPE D CAPPED lal lbl lei ldl ,., Ill lgl ~~· 1 Own •" 431 257 1 0 3 71 24 5 19 2 I Dimt.-.1 J Ron to,. 2038 480 1288 270 166 14 R9 f\3 4 IOirp/«Htl 5 E•pecttd to Rnide -o--o--o- e Tolol 2469 737 1391 341 190 14 94 82 1 P.,unt 100"1 30 ~ 56 ~ 14 'll HUD 7087 16 -781 • - 0 • • • • • DEFINITIONS : 1. All Units -used 1970 Census and updated with Building Permits through March, 1979. 3 . Vacancy information obtained from March, 1979 postal survey and rent survey conducted by Englewood Planning Department in March, 1979. 4. Substandard -The City of Englewood Building Division completed a 100% visual survey in the City in March, 1979 . Substandard units were those with one or more of the following indicators : settlement of chimney, damaged venting, needed replacement of stairs, porches and landing, old siding needing substantial repair or replacement, im- proper drainage from structure, missing windows, settle- ment of structure caused by foundation problems, roof rafter deflection, substantial repair needed on roof. Most units surveyed exhibited more than one of the previously stated problems. * Suitable for Rehabilitation -as the City of Englewood is limited in future housing development due to lack of vacant land, and wishes to maintain its primarily single-family residential housing character, most substandard units are candidates for rehabilitation . Only units that display very serious foundation problems plus numerous exterior indicators of poor structural condition were categorized as candidates not suitable for rehabilitation . The housing condition survey conducted by the Building Department in 1979 indicated approximately 98% of the substandard houses were suitable for rehabilitation . I • • • ( ---~ Q Q J ~ I ELOEIIILV I SMAll I lAIIQ! I PERCENT I fl ·2 FAMILY FAMIL;Y IY TY,E AND SOURCE OF P'f'fonl/ 14w 15w HOUSING ASSISTANCE TOTAL """ ,.,. ,.,. TYPE HANOI - P.,.,-.1 --u CA""EO PART V . NARRATIVE (AttM:h «tdition•l shfttr, if .,roprt.,.J • 1. D~~eribe tha IOVf'Cft of llliltenee proPoted unct.r 1ha ce...,_, ''Other• ". 7. OeKribo ony -iol housinf conditions or houti"t -ittonco -in rho community. i"Ciudint lho -olony i-tililblo .._ .. ol rho rorol p oop of 1.,..,.-income hOUMho ldl; •-•·· m i n~it~. ,.,..__,._edld hovwholdl, h1ndicepped, 3. Dotcr ibo rhoso 0<1 ions thor rho -loconr w ill ••• ro loc illtolo rho Provosoon ol tstol!od housing ond 10 lurthof lolr houti"t lor m inori!ift ond ........,. 0 CHICK" THE -""LICANT WIIHES TO IIEVIEW STATE H'DA HOUSING 'IIOPOSALS Pogo 7 ol 7 Pagn I!UO 108 1 16 ·781 • • I I · • • • ( • • - (LO(,.l.Y SMAl.L LA IlliG! PERCENT (1 ·1 TYPE ANO SOURCE OF ,.~, FAMIL'f' FAMILY IY ASSISTANCE TOTAL .,.d , . .., ISw HOUSING HANOI · , ... mo'W TYPE CA"I'EO tHAOttd -101111 •1 . Daer ibe the IOUfCel of .. itt.u pr~d .,...,. the ceM90'Y "Othfl•". 2 . O..Cribl eny ...-lei houtint condition• or hovti"' -inenn nNdl in the communit y, inctudir'tl the ,... of eny tct.nt ifilble ter*'ll of tfte totel poup of l~r -income houttholc:h ; •·1-· mirtotitfft, femele~ houwholdl, he"<tici!PPed. 3 . Ottcribe thOIII K1font thet the epph cent w il lt•• to teciUte .. the prov•t•o" of ast~~tlld houtine and to further teit houti"t for m in Ot"it ift end women . 0 CHICK" THI AI'PLICANT Wl8fES TO IIIYIIW STATI HFOA HOUSING PIIOI'OIALI P091 2 o l 2 P090<t llUO 7087 16-78 1 • • • • • • ~: Federal funds will be used to rehabilitate 29 homes in the first year of the program . Another 29 homes are projected to be rehabilitated with Federal funds the following year . Local money will provide funds for rehab of eight (8 ) units the first year of operation and eight (8) units the second year . A grant from the State Division of Housing will enable allocation of ten (10) loans/grants at $3,500 per case. The 312 Loan Program will be investigated for five (5) rehabilita- tion loans. Efforts will be made to encourage the rehabilita-tion of renter-occupied units . Existing: The goal for Existing Section 8 Housing is confined to smaller units due to the prohibitive rent levels for large family units. The vacancy rate is very low ; however, experience in operation of Section 8 Existing has shown that many small families and elderly can be assisted in units they already occupy. ~: An obvious goal for a city with high renter need and a very low vacancy rate is new construction. The city has not in- cluded new construction of rental units in the one year goal due to an award of 110 public housing units in April, 1979. It is felt that more new construction in the coming year could not be adequately managed. I . ( ( • • • •' • u.s. o.p.r~t of JIQJsing Mil Urban DIYelapoent C~lty o.v.l~ Bloc:t Grant s..J.l Citl• Pr09r• n.. lf!Plicant hereby uauru Mil certifies tbat: Cal It pGUaMa 1~ euu-ity to awly foe the 9nnt, ..S to eaKUte the pc~ pcQ9C-. lbl Ita 90Yerni119 bcdy 11M duly .scpter:S or pu..S u an official eet a c~ lution, -ian or al.ailac eetion .. u-izing the filing of the ~R>lic:ation, ineludift\1 all urdeutardift\1& enS auuc-container:l therein, Mil directi119 ard euu-1z1na the pecaon identifier:! • the otfic:ial repreaentatiw of the lf!Plic:ant to eet in cannectian witb the IIA'lic:atian ard to prGWide .ad~ 8dditi~ ift!ocw- tian n My be c~ir.S. lcl It hu CCIII'I')lied witb aU the requir-ts of Cte Circular No. A-9:> u IIICidi!i.S b)' 2• Cl'll !>70.U:> III1S thet either: 11) Aery t'CIIIIftellts enS r~ations ...,_b)' or tbr0119h cluring'-Us are att.Khed III1S have bean considerer:l prior to autrniuian of the applic:ation; or 121 on. raquirer:l procadurn bavw bean follOW.S enS no -nts or r~nda­ tions ~ been receive. ldl Jf an applicant Is sul::nlltting an application for a Sllall Cities C~r~ lwnslve Grant, the applicant hu: Ill Pr~rer:l a written citiaan participation plan, ..ttidu Iii Provides an opportunity for citizens to participate in the d-lopment ot the application, enccurA'Jfl the su!JIIisslon of vi..,. an prC!pCHls, particularly by residents of bli9htad nai9)1borhoods a c:ltia-of 1_. and -'erata-incane, provides for H•ly rnpanMS to the prcpouls a.boi tter:l, enS sc:lwdulas heu i.nga at twa w loc:ations >ihlen panait bcoer:S partic:ipatianl lui Prcwides clth-wltb acSaqu.te lnforNtlan cancarnina the aiiiCUIIt of funds evallabla for pcCJpC>Md ~ity davelCip"ent III1S housing eetivities, the r-. of activities that a.y be undertaken, III1S other •rtant pr09r .. requir.- ~tsl (IIi) Provides for public: heari119s to obtain the 't'i-of c:iti.a-on c:amv- nity davelQ5Dant ard ho..aift\1 neads 1 ard liYI Provides cltinna wltb an opportuni ty to subait -nu c:oncerning the caa.ni ty daval tpnent per!or-of the applic:ant. . 12 1 I'OllOW.S tbia plan in a ..,.r to ac:hi-full participation of citiaans 1n ~evel~t of the app;kation . on. applicant shall also follow tb i a plan to ac:lueve full c i tiaan part1c:1pati an in all other •U~~aes of the pc09r•. If the applic:ant Ia ~~&b i tting an applicati on for a aoall Citin Single Purpose Grant, the applic:ant: Ill ~ preperer:S ard followed a wr i tten c:i tiaen parti c:i pation plan tbet llfttl the r~u~u of 2• Cf1l S70 .4ll(c), ard shall follow tbis plan to achi eve full partic:lpat1on in all &ta'J" of the pc09 r •1 1 HUD -70 S S • I • ( • • • • (2) flu pr...,ided citiz-vit!l .,. oppacwnity to participate in the detenai.- nation of pcioritias in _,..ity develapoent ard hllusin'J Meds; ()) Ia pc...,ided adequate notic. ot p!blic hHri.nJa u r~ired bV the witten pl.,.; ( 4) Ia held hear i.nJ• on the pcopoMd application before edoption of a re~ l~ion or sUiilu ~ion bV tbe local C)OWerni.nJ ba:ly .. u.or izi.nJ the till.l'l9 of the application! (5) IIUl pr...,ida toe citia.n pan.icipation when conaidari.nJ -~u to the Cc.a~t~ity DevalDPI*It i'rogr• a the lleluai.nJ Auisunce Pl.,.; a (6) IIUl pr.,.,ida foe citizen participation In t!la plMni.nJ, i.alpl-nution ard uus-.t of t..,. c-..ity 0....1~1\t Progr• includin9 the dwalopoent of the Gr.,.tM Par!or.Mne:e Jepoct ard the sutai.aaion or vi-to t.'la HUD Area Otric:.. (11 c-u to....-the au-of a rnponsi.bla Federal official ll!ldec the llnionel tnvlr~,tal Poliq. Act of un insofar .. the pc""isiana of sud~ Act apply to 24 cnt 5701 121 Is auu-iud ard COMMU on behalf of the applic...t ard hU..1f to ..:cwpt the juri.Siction of the Federal courts for t!le purp:IM of .ntorc:-t of his rnpcnaibilities u sud~ an official. (f) 1M Ccn.lftlty O.V.l~t Progr .. hu been developed so u to 9ive ••·•xi- -feasible priority to ~ivitiu o.tlidl vil1 benatit 1-ard .oderaw-u- f•ilies or aid in the prevention or eliJiinatlon of sl~ or bli¢t. (The r~ir-t for this certification vill not preclude the Secretary frcn ap~>r...,ll"'ll an applicnion where the applic...t certifi•, ard the Secretary deter- lliMs, that all or ;>&ct of the Camunity DevelCipllleflt Progr• ~iviti• are deai~ to ,_, other CCIIIIUfllty dwelopoent needs havi119 a pertic:ulu ur9ency as specifically er,>lained in the ~lic:ation in ac:c:or.;ance vit!l SS70.l02(!).] (9) lt vill c:cnply vith the r-'Jil1Uiana, policies, 911idalina ard r!"!Uire- -u of 0118 CirC'II!ar liD. A-102, Revi..S, ard r.S.ral ~t Circular 74-4 u they relata to t..,. applic:ation, .acceptance, and uM of Federal fW'ds under thia P.ut. (h) lt vil1 adlriniatar ....S enforc:. the 1.tlor atand.rda r-ir_,u set fort!l in SS70.605 ..S .::0 Ce9Uleti-i...s to~-audl re9Uir-u. (i) lt will ca~;~ly vlth all r-ir-u illpoHd bV Ill) -rni.nJ special r-ir-ta ot 1 .... pcogr• r.q..ir-ta, a Dt!lar adloiniatrnive r-ir-ta, appr""ed in ac:cordanca vit!l Ofll Cua.1ar liD. A-102, Jlwu.S. (j) Jt vU1 c:cnply vith the pc""isions of t .. cutive Order U296, relni119 . to evaluation of flood l'laaards and taecuti.ve Order 11281 relati.nJ ~o the pr.venuan, c::ontro1, and &bat-t of .,.tee .pollution. (k) Jt vill require every buildiniJ or facility (other than a privately -*1 residential atructurel daai9ned, CQISUucted, or altered vit!l turds pc""i.ded W'der thia Pact to CCII9lY vit!l the "AIIeric:an Standud Speeificationa for "akin9 lklildinqs and Facilities Acc:Hsib1a to, and llsable by, t."e Phyaica1ly Rand i c:a~ ed, ".IIUIIIber A-117.1-11 1971, subject to the esc:.ptiona contained in 4l CFII 101- 19.604 . The applicant vill be rnpansibla !or eonductin9 inspectiON to insure CC119lianca vith these spec i ticauons by t!le contractor. HU!l-7088 z • I • • • • • • - (l) It vill ~ly vith : (1) Title VI ~ the Civil lliCJht.l ~ of 1Kf (Pub. L. 18-3S2), and th~ re9~>­ lations '"'*' par-t thereto 124 CF!I Part. 1), ..tlic:ll pr""i.da that no per~ ill the 01\itac! Suta llhall on the 9rourda of ~ece. color, or nnional origin, be ueluded fra. pertie~tion in, be denild the t.wfit.l of , or be otn.rvise au> ~ad to diacrl.aination urder erry prCIIJr• or Kt.ivity for ..tlidl the .pplicant r..:eives F..S.ral finaneial uaist.anet and vill ~lately take any •asures nec:euary to e!f~te t."'is assurance. If any re.l prcperey or suuetun ~re­ on is provi:Sac! M ~""ad vith the aid of r..S.ul fi.naneial auist.ance eatercieci to the .pplicant, this auur.nce allall oblitate the epplicant, or in the c:ase of erry u-te: of aldl property, any tt.-!er•, for the period duri119 wtlidl the rul prQFerty or structure ia UMd for a pa~ for vllidl the r..S.ral finane1al assistance is atendad, oc for ~r purpaM invohinil the pr""iaion of at.ilu Mrvica or beneUU. 121 Title VIII ~ the Civil ti9ht.1 ~ of lKI (Pub. L. 10-214), u ......S.CS, adltiniaterinil all pr09r-ani ~ivitia relatinil to hauai119 n -.nity develcpnent in a --r to atfirw.tively further fair hauai119 ; and will Uke ~ion to affii:Ntively furt!Mf fair hauainil in the &ala or rental of bousinil, the financini! of bclusin9, aad die pnwiaian of bcOker• HC'ViCU. 131 Section 109 of the llouain9 and Ca..~ity DI'Yel~t ~ of 1974, and the re9Ulations issuld pursuant thereto 124 CFII Part S70.601), vllidl pr""ides that no person ill the Unitld Stna 8hal.1, on t.._ grQn:!s of race, color. national origin, or sea, !:le ea::luded ftCD partieipation in, be denild the benefits of. or be slb- jeeted to diac:ill!inati.on un:Ser, any prCIIJr• or ~ivity f~ ill whole or ill part vi:h funds llf""idad under this Part. (41 !:IIKUtive Order 11063 on ec~~.~al opportunity in hQ~sinil and nondiacri&i....- tion ill t."'e sale or rental or hauai119 built vith Feder al uaiaunce. lSI !:lleeutive Order 11246, and the re9Ulations issued pursuant thereto 124 CFII l'a:: llll and 41 CF!I ~er 60), and Section 4Cbl of the COtant Agr-t, "-11c:!l provides that no person ahall be diac:i.JI!inated ~inat on the basis of race, eolor . reli9ion, Ma or national or i9ill ill all pl\aHI of e119l~t duri119 the ... :forr.•nc• o! t"ederal of federally auisted eonstruetion contract.~. Conuacton .. .., •ut>c::>ntrac:ors on Federal and federally as5istac! eonstruetian contrac:u snell t.lk~ affinr.a:ive ~ion to inaure fair trut-.nt in eqol~nt, "P9redif19, ....,_ tion, or transfer: reerui~t or reeruiaoent advertnill9 : l.yoff or tenunatian, r•:ea of FoeY or otbet f-oC ~t i on and aalect1on for uaininil ard ~enticeal:ip. (I!) It will ~ly vl.th Sec:tion l ot the '-ill9 and Orban O....l~nt A~ of lt61, AI a.--.dad, r~irinil thAt to the 9rutat utent feui::lle opportunities for trainiro; and eq.la,.ent be 9i,... to 1-r-u-r•identa of the project area and cot~:racu for wort ill ~ion with the pro)Kt be .-rdad to eli9~• buloinen eonc:e:ns vllidl are heated ill, or _,., 1n aubatantl.al pan by, persona r"idi119 in the aru o! die pco)ect. (n) lt vlll: (1) To t."'e 9rut"t utent pr..:tieable under State 1..,, ~Y vl.th S«ti- 301 M! lC2 or Title 111 (OnitOCW" Ileal Property ~i aition Policy) of the tlni- for:wo lleloea:ion AssilotL"lce and Ileal Property Acau ilition Polici• ~ of lt70 and vlll ~ly vith ~iona 303 and 304 of Ti tle 111, ard 11,1) U9l-tinil inauuc- tions at 2C CFII Part 42; and 121 InfOCWI affected persona of their right.l and o! the ac:qubition policies IINI pcoc:edures set forth in the r~auona at 24 CF'P Part 42 and SS70.6\121b l. lol It vill: Ill Canrly vith Title II CUnifono llelocation Aasiat.anee) of the Onifor111 Rel~ CAtion Aasisanc:e and Ileal Property Acl7~iai:i on Polic1a Act of 1t70 ani IU) 3 HUD-7089 • I • • ( • • • • ;...l-tifl9 reo;ruhticns at 24 m Part 42 lll'd SS70.602U• 1: (21 Prooride ralaation ~u lll'd offer rdoation uaisuonce es duc:it.S ill Section 205 of Ule tlnifor• llelocetion Auis':.Anee Act to all persons d is;>l.c:ed • a r ... lt of -isition of real property for an aetiviey assist.S urder t.M c-ity o....l~ lloett Crant pre19ra. SuCI pay:oenu lll'd assistance all&ll be proorided ill a fair n consistent ard •ite>la II'.At' • .,.r that insuras that the ralocetion process does liCit result in ditfar.,t or separau traa-.t of IIIUdl persons on-of r-. color, rdi9i011, national ori9ill, -· or IQU'ce of u-: (]) Aasura that, vitbin a reaonabla period of t• prior u diiiPl-t, ccoopuela dec:wlt , aafa ard a.\ie&ry r.;>l-t Mlli.n9s will be wailabla to all diiiPlaced failiar. and irdividuals lll'd Ulat tba t&fl9& of cnoicu available co aldl per-. vW .-vary on aceca.w\t of tbeu r-. color, rali9ion, national ori9in, .... or -ca of ~: lll'd (4) lntOCII affact8d peu~• of tbe raloation assisunee. polic:ies ard pr~ dllras aet forth in the r&9\llatiana at 24 en P&rt 42 and SS70.6021al. (pi It vUl nte!Ub aaf~ to prall1bit C1>1Cipes frca •1119 podtions f« • -that is or qi-the &;~PMr-o! baill9 -ivat.S by a desire for privata 9ain for u-1v .. or otba:s, particularly a-. vitb ,._ tMy bava f..Uy, buainna, or other tia. 11!1 It vill ~ly vltb the proorisions of the llatdl Act oohidl liltita the poli.tical ac:ti.Yity of .-pl~. It I It will 9lw a:JD n tn. Ce~~ptrollar c-ral tbrougll any authoriz.S repr-tativas -. to n the ri9ht to aaaina all racocds, books, pape:a, or ~s relate!! to tn. 9rant. lsi It vill i.Mure that the fKilitias urder itt ownershi;>, lease or auparvi- sion ..tlidl mall be utU i&.S in the aa:aoplia....,..l'l~ of the pr09ra are not listed on the Envircn.ntal Protaetion Aqe:>ey's (EPA) lis~ of Violatifl9 Fcilitias ard that it vill nc~til'y a:JD of the raceipt of any calll",:roi~tion frca the Director o! the EPA Office of r.S.ul Actieities irdi~tiro; ~.at a facility to be liNd in Ule project ia under consideration for liltifl9 by t.'le EPA. It I It vill ~ly vitll the flood insuranee ;><:rdlasa r.quir-tl of Section 1021• I of the Flood Disute: Protaetion Act of U7l. Pub. L. 9l-2l4, 17 Stat. 975, approorec! o.c.aar ll, 1173. Section 103(a: rec;uir.S, on ard after IlArdi 2, 1974 , tile pucdiMa of flood i.Muranea in -..:-:ltiH where IIUC!I inaur.nc:e is available as a c:ordition for the receipt o! &rrf Fecleral financ:ial assistanCe for CCNtr~~etion « acquisition pufPOMS f« 11M ir. a:"'! araa, that lies bean i.dand• tied by the Secretary of tbe ~:a-nt of lous i n; and Urbw\ O.V.l~t as an area havifl9 s;>KW flood ba&ards. 'l'lle pllrasa •r.se:al finandal -i.nanee• includes -f .... of 1-., trant, tuaranty, i115.1CL"ee ~t, t.tlaU, ..X.idy, di-ur -lat.,_ laM or tcan~. « any oc.he: !oa ot direct or illdicaet Facleral aaaiscance. (u) IC vlll, ill ~ion v i t.., i u par!o~-.c:e o! envic..._.,tal ..... _u under the llatic:onal ~ir-~al Poli.t>f Act o! 195;, .~ly witJI Section 106 of tt• llatiON&l hstor1c PreutVation Act of 1K6 (16 D.S .C. 470), E&eQitift Order llSU, and the P:-rvnion wf Arcneolovical and il i storical Data~ of 1966 (16 u.s .c. 469a-l, at. Mil· l tly : Ill COIISIIltifl9 vitll U.. State l!istorie Preservation Officer to ldanti.l'y prooertin listed in or eli9Uile !or i nclusiOf' ~ t.'le llat i onal lleq i ster of Ria- tor i e Plcn that are subject to ~ersa ef!ec-.s (s" 36 CF1t Part 100.1) t1y the propoMd activity, w 121 e~lyi119 vitll all r.quir-nu establishecl t1y IIUD to avoid or aiti9ate adverse e!fec-.s upon IUCII properu ... HUD-7088 4 • I • • • • • U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOI'MENT INSTRUCTION$ FOR COMI'LIAHCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1164 Title VI of the Civil Ri&hu Act of 1964 sutu: Form"'-- OMB No 63-R1627 wNo person in the United Statn shall , on the around of race, color or nauon&l oripn, be excluded from partici· pation in, be denied the benefits of, or be subjected to discnmination under any proararn or activity receiving Federal fuwtc:ial usistmce." Section I .4(b) (2) (i) of the rcJIIIatioru of the Department of Housin& and Urbm Dcoelopment iuucd pursuant to Title VI requires that : "A recipient, in determinina the types of hOIISin&, acc:ommodati0115, facilitin, services, financial aid , or other benefits which wW be provided under UIY IUCh proararn or ac:tlvity, or the c:Wa of persons to whom, or the situations in which, IUCh bouliaa,ICCOIIIIIIOdatlons, fldlities, ~erviccl, flnUicilllid, or other benefits wW be pro- vided under uy IUdl proaram or actiYity, or the c:Wa of panons to be afforded an opportunity to participate in any such proararn or ac:tivity, may not, dirc"IY or throu&h contrac:tllll or other arrangements, utilize criteria or methods of administration whil:h have the effect of subjectinc persons to discrimination because of their race, color. or national ori&in . or have the effect of defeatin& or substantiJtlly impairinaaccomplishmcnt of the objec- tives of the proJUim or l~livity as respe<tto periOIIl of a partic11lar ,.._-e , color . or national ori&in ." AI evidence of compliance with the above , the applicant shall provide the information as requested tn a, b, c,and/or d below, as appropriate, to supplement the dau relatioe to the locations of concentration of minority lfOIIPIIlld pro- posed actiVities shown on the map wbmiucd 11 part of the application. Additional pages sho11ld be IISCd , if neccsury . If there arc no minorities in the comm11n11y , check here 0 and dilrcprd q11ntions a thro11&h d . a. IDENTIFY THE MINORITY GROUI'ISII'OPULATION. OR I'ORTION THEREOF , RESIDING IN THE APPLICANT'S JURISDICTION THAT WILL NOT IE SERVICED IV ONE OR MORE OF THE PROPOSED ACTIVITIES. Those minorities which do not live in a Target Area and whose income is greater than the low or moderate Section 8 income guidelines will not be served by the Housing Rehabilitation Program. b . EKPLAIN WHETHER THE MINORITY GROUP POPULATION. OR I'ORTION THEREOF . NOT SERVICED IV THE I'ROI'OSED ACTIVITYIIESI ALREADY RECEIVES SUCH SERVICE . II' 10, DEFINE THE EXTENT OF EACH OF THESE EKISTING SERVICES AND INDICATE WHETHER THEY ARE EOUAL TO, GREATER THAN OR LESS THAN THEPROI'OSED ACTIVITYIIESI RELATIVE TO THE LEVEL AND QUALITY OF SERVICES TO IE I'ROVIDED. We assume those who do not qualify for the Housing Rehabilitation Loan Program are eligible and will continue to be eligible for bank loans, .... 1ol2- • I . ( • • • • c . IF THE MINORITY GIIOUP I'OI'ULATION, OR I'OI!TIOH THEREOF, DOES NOT RECEIVE SUCH SERVICE lSI NOW AND WILL NOT RECEIVE THE IENEFIT OF TliE MOI'OSEO ACTIVITY UESI ,INDICATE THE AI'I'RDXIMATE TIME SUCH SERVICE lSI WILL IE I'AOVIDED TO IUCH RESIDENT$. Not planned to be provided, d . IN THE EVENT NO 'UTUAE IIAVICECIIII 'LANNED 'OR THE MINORITY GIIOUIO I'OI'ULATION, OR I'OATION THEREOF, I'AOVIDE A STATEMENT OF THE REASONS WHY . We believe those minorities that are not served are living in solid residential neighborhoods and are at income levels that would allow them to obtain a home remodeling loan through the private sector, The pima~ "minori1y lfOUp " u YMd herein , rdrn 10 Black, not of Hilplnk Oripn ; Hilpanil: f• 1¥'1011 oJ Mutctm, ""~to RicM, 0....,, CMINI cw Sot.dt A111riaol cw otlwr S,..illl t:lllture repnllas offtiC,}; Asian or Pac ifac Islander ; American Indian or Alulta Natiwe . • I • - ( ( • ( • • • • DRL 439 (Rev . 10 /771 STATE OF COLORADO DEPARTMENT OF REVENUE APPLICATION FOR SPECIAL EVENTS PERMI T Do Not Write in Ttl i s Spa ce LIQUOR ENF OR CEMENT OFFICER ·s ACTION APPROVED --------------------------Date OISAPPROVEO ---------------------- Date INSTRUCTIO NS : Answer all Queutons on th•s appllcauon, then get the approval of your local hcens•ng authonty (see last page) and also the approval of your Colo· rado liQuor enforce ment off•cer Then mat! t hl5 comp leted apphcat•on w tth proper f ee to the Colorado Department of Revenue, State Capitol A nnex Butldtng, 1375 Sherman Street, Denver , Colorado, 80261. Telephone (303)839·3 74 1. Licensee Telephone Number Office r 's S•gnature NO PERMIT WILL BE GRANTED UNTIL TH IS APPLICATION H AS BEEN APPRO V ED BY YOUR LOCAL LI CeNS ING AUTHORITY A ND YOU R LIQUOR ENFO RCEMENT OFFICER ' Colorado fees are : 3 .2% B eer -$10.00 per day ; Beer , Wi ne and Liquor -$25.00 per day . Your local licensing authoow will tnd tcate the a m ount of the•r fee All Am"'ers M ust Be Prin!E'd mInk o r hpewri tttn What type of permit are you applying for) 0 3 .2% Beer ~ Beer , Wi ne and Liquor 1. Appl icant All Souls Catholic Church Telephone Number 789 -0007 2 TradeNa~(,fanyl ------------------------------------------------------------------------------ 3 . Address ___ 4_3_S __ P_e_n_n_w_o...;o...;d;;......;C;;..;i;;..;r;;..;c;;..;l:..;e:o_ __________ _ C i ty Englewood County Arapahoe Colorado. 4 . Address of place to have te mporary perm it. (E XACT LOCATION OF PREMISES MUST BE GIVEN .! G i ve stree t and number if possible . If place IS located in a 10wn or rural district where it is impossible t o gi ve street and number, the lot and block numbe r or part of sect ion where located must be given . Ca f eteria 4951 South Pennsylvania C1ty or Town &nelewnnd County A r apahoe Colorado. 5. The EXACT riate (sl for "'!hich app!icat1on IS be i ng made for permit (no more than two days ): From 6/9/79 12 p.m . to 6/9/79 ]] ·59 p m O•te Hour D11te H ou r From 6/10/79 12 p.rr.. to G/10 /79 O•tt: HOUf Date H our ll ·59 p m 6. Do you have legal possess ion of the premiSes for wh 1ch th1s application is m ade? Yes 7. Is applica nt organ1zat1on incorporated under the laws of th is state for purposes of a social, fraternal , patr iotic , poli t iC al , or athletiC nature , not for pecun1ary ga in; or IS it a regularly chartered bra nch , lodge, or chapter o f a national organ izatio n or soci ety organized for such purposes, be ing non·prof i t in na ture ; or is it a religious or philanthropic institut ion? EN Yes 0 No 8 . If the applicant IS an organ izat 1on Incorporated 1n thiS state for "non·pecun iary " (non·prof i tl purposes , answer (a), (b land (c ). 9. (al Organized under the la ws of the State of -------------------------------Date (bl Pnncipal business IS cond ucted at , County (cl Complete the follow,ng 1n deta il : TIT E NAME HOME ADDRESS CITV & STATE BIRTH DATE PRE SIDENT VICE ·PRES . TREASU RER SECRETARY MANAGER James A . S12rinkl~ 5QQ E. G[alld Alle EDgl 8111DOd' Cclc 4L2BL2l Are the ex i st~ng licensed facilit1es of app!1cant organiza11on ~ndadequate for serv ing members or guest of the organ izat ion by reason of the nature of the spec1al event wh1ch is scheduled? ~Yes 0 No • I • • - ( ( c • • • 10. Ar e the premises for wh ich application is made now licensed under the State Liquor Law or the 3 .2% Beer Act ? 0 Yes K.No If yes , to whom is the license ISsued? State License Number 11 . Has any special events perm it been issu ed to you w i thin the current calendar year) Ye s 0 No If yes , for how many days? STATE OF COLORADO County of lJt'l1Jt'4t!CC and . bemg by me firs t duly sworn , if fer himself , de poses and says ; that he is the appll · cant above named; or that h e is 1?4::; ''fl-.-of the above named ..:itre',';;'i\o,; that he has read the f orego ing application and that he knows the contents thereof, and that all matte rs and th ings therein set forth are true o f his own kn ow· ledge , and he agrees to conform to all rules and re gulations promulgated by the DE PARTMENT OF REVENUE IN CONNECT ION THE REWITH . SUBGCR18E0 ANO SWORN TO BEFORE ME THIS tf DAVOF S ignatur e c:f1 NoUry Public (Aitach s .. l) M Y COMMISSION EXPI\>ES _ _.J#.,.o::'i'1":.:,__.:,3.1_;_~1..:'1..:Y_;_f __ _ INSTRUCTIONS: If the p re m ises are located w1th in a city or town , the approval shown be low should be signed by the M ayor and Clerk . If t he prem ises are located in a county , the n th is approval shou ld be signed by the Cha irman of the Board of County Comm iss ioners and the Clerk to the Board . If , by ord inance or otherwise, the local licensing authority is some other officusl , then such approval sh ould be s1gned by sucb official. REPORT AND APPROVA L OF LOCAL LICENSING AUTHORITY The foregoing appl ication has been exam ined and the prem iSes , bustness conducted and character of the appl icant is satisfactory , and we do report that such permit, if granted, will comply with the provision of T itle 12 , Article 48 , C .R .S . 1973, as amended . Therefore the foregoing appl icat ion is hereby approved . DATED AT THIS --------- NAME OF TOWN , CITY OR COUNTY BY ATTEST : • DAY OF ,A .O 19---. Mayor or Ch airm an o f Board of County Commiss ion ers or Title of Other Licensing Authority Clerk or Secretary or Other Office Having Offic ial Sell of t he Licensing Authority • • I • ( ( • • • • • To Whom It Nay Conce rn: ALL SOULS CATHOLIC CHURCH 435 PENNWOOD CIRCLE ENGI EWOOD. COLORADO 80110 R Ev. F .. ANCIS J. KAPPES, P•slor April 4, 1079 Statement in re gards t o Article 4R , Statue 12 -48-102: All Souls Catholic Church is a regularly established religious institu t ion of the Catholic faith and is owned by the Archdio cese of Denver . Therefore, it i s legally appropriate to use sai.d facilities for special functions of this nat ure . ~~~-)~)) I ~· ' \~J.)_j _./ Rev. Francis . ppes ;t Jr~ Pastor \ • t I • - ( ( • • • • To Whom It May Concern: .. ALL SOULS CATHOLIC CHURCH 435 PENNWOOD CIRCLE ENGLEWOOD, COLORADO 80110 REV. FRANCIS J. KAPPES, P•rlor April 4, 1979 Statement in re p,ards to Article 48, Statute 12-4R-ln): The~e nre no existing facilities available for this church function which will adequately serve our need in respect to room available and location. Sincerely, ',~'t':;:l~. ,l_i~ Pastor • I • • STATEO~COLORADO , 1 Iss ~P'W.rv oF Arapahoe 1 '· ... Jere .. M. .. Caawa.ll . ( do 106emnty ...., lhell am the . .. .. Co.•.P.ub.liaheto. ot ... Englewood ·.Sentinel ..,.... trw ..,. lt • ...,.,r '*"~paper pubfithed COIH!Iyof Arapaho.e. . . . . . . . . . . . . . . . . . . . . . . . 11-. of~.-11u o _.,., clrculolio<l _,"'"'-----_......, __ U_,I"IOicl c:o.r"' .. .lrapahoe .......... ·:· .. . ............................. ............. . ..,.,..., __ sa_ • ..,..,.,.,. _...._,of _____ _ ~--...... __ _ ( . . · .. ~ .EJlslewo.od .. .. .. .. .. .... ········· ........................... . ( -·---............. _"'"' '""--··--.... -'*'0 of ... oct of ... -.. "-01\< of ""'1-01~.-Merch 30. 1123 . .nCI...._..,_ .... ~MOActwfiW:*''*"' -- --._ 10 .,. prlnllllg -pu-._ "' ..... --..,.,_,_ _.,. ___ publlohed lftllle ....----of--. ---· """"'-Cley of OOCh-""""'-"" .. \: ......... ..._.,., --- Anr ol 1~ 7q •.. 18 ... M Cflhe '"'""'-of--.... , .......... ol ---· .. At':t:~.l 1.8 .. 18 '7" ~~~1-.~· Subecr..,., and IWOf'n to before me, 1 Notary .c ,INI ?5 t~-d...,. or • • • • 0 • I • • - • • • • • • MI NUTE S OF ENGLE WOOD HOUSING AUTHORITY REGULAR MEET IN G February 27 , 1979 The regular meeting of th e Englewood Housing Authority was c all d to orde r by Chairman Thomas J. Burns at 5 :2 0 P .M., February 27 , 1 979 , at the Simon Cen ter . Roll Call Members Present: Members Absent : Others Present : Thomas J. Burns, Chairman Betty Beier, Vi c e-Chairman David Clayton Cindy Peterson Rev. J. Stanley Fixter-arrived at 7:15 P.M. Richa r d Wan u sh, Director, Community Development Mike Reddy , Executive Director, Housing Toni Morris, Associate Housing Coordinator Reading a n d Approval of Minutes The minutes of the Housing Authority meeting of Januar y 23, 1 979 , were considered . The wording on page 3 of the regular meeting minutes was changed fro m: moderate to high income people to low to moderate income people. MOTION CINDY PETERSON MOVED TO CHANGE THE REGULAR MINUTES OF JANUARY 23, 1979, PAGE 3 FROM "MODERATE TO HIGH INC OME PEOPLE " TO "LOW TO MODERATE INCOME PEOPLE." BETTY BEIER SECONDED THE MOTI ON. ALL VOTED "AY E" AND THE MOTI ON PASSE D UN ANIMOUSLY . MOTION CINDY PETERSON MOVE D, AND BETTY BEIER SECONDED THE MOTI ON TO ADOPT THE MIN UTES OF THE REGULAR HOUSING AUTH ORITY MEETING OF JANUARY 23, 1979 , AS AMENDED: CHANGE THE WORDING ON PAGE 3 OF THE J ANUARY 23, 1979 MINUT ES TO READ "LOW TO MODERATE INCOME PE OPLE " INSTEAD OF "MODE RATE TO HIGH INCOME PEOPLE ." ALL VOTED "AYE" AND THE MOTION PASSED UNANIM OUSLY . Timetable for Annual and Qua r terly Budget Re views Mr. Reddy stated that he wa s not clear as to what the Commissioners wan ·n regards to the timetable. Mr. Burns stated that Mr. Clayton brought th ~ss up as the Commissioners were behind in reviewi ng the budge s. Mr. Burns s a d that the Commissioners wanted to know how much was spent during the year: was the Housing Authority on budget, o ver their budget, under their budge , e c . • I • • • • • .. Mr . C layton sugge s ted loo king a h quarterly repor t the C1ty Counci l gets . This would gi v e the Commi ssio ne rs an indica tion of whether or not we are with1n the limits o f the budget. Mr. Reddy s a ed that he a g rees wi h his sugges tion. He also stated that of en imes vario s budgets h ve various times t o be r eviewed , i .e., on a quarterly basi s . Mr. C layton stated t ha t the f unds g ranted from Council s houl d be on an annual quar erly basis . The sta ff should l ook at o ther funds and see what timP pe r 1od hey are on and bring it to the n e xt meeting. Mr. Clayton sta ted t ha t on operating funds , we may ha ve to have it more often than quarte rly . On r eports to HUD concerning particular funds, Mr. Clayton state d that he has no objection to giving the Commission e rs that report. A copy of that budge t would be a ccep able . Mr. Reddy stated that if a computer printout would be ok , then we will give the Comm iss ioners a c opy of that . He also stated that we will have an instruction page to tell how to read the budget . Mr . Clayton stated t ha t t he reports will probably run a month behin d . Mr. Burns stated t hat as a Commissi on , they have become aw a re that they were not watching their own budgets ; previously , that was the responsibility of the Executive Direc tor. Mr. Clayton s tated that he would like an explanati on later on of how we pay o ut our funds. Mr. Re ddy stated that the Commissioners would probably want some time to r eview the budget printouts. He said that e ach time the report is due , we could backdate it to meet the Comm issi oners review. We would need the report two mon ths prior to being submitted. Mr. Wanush left the meeting at 5 :40 P .M. Negotiations wi th Banks Mr. Reddy stated that two issues a re to be discussed with the banks: 1) Construction l oan process on the Rehab program . In the pa s t , we have hand l ed this p r ocess; and 2) Continued line of credi t with the three-bank con sortium. Mr. Reddy stated that the con s tructi o n loan portion i s now being handled by the City. Finance ha s had alot of p r o ble ms with qual ity control, write- o ff, i s the amount r equested backed u p by sufficient data . The accounting department is not geared to be a lending institution. It is con fus ing f o r them . We are l ooking fo r a n alternative to this practice of having the acco unting department do t hi s , so we got t ogeth er with the bank s . The construction l oan p r ocess would b e taken over by the banks. Wh e n the pro j ec was completed , we would have a write -off by the Rehab Speci alist and the Bu ilding I n spector. Mr. Reddy stated that we will be de a ling with Cont i nental Bank only since they are the lead bank. Mr . Reddy sai d that Continent al Bank is having a problem with what department would handle the short-term note . He said that he has asked Continental how mu ch it will cost us for this process ; we are awaiting their decisio n . Mr. Reddy sta ted that he has a me e ing on Wedne sday , Februa ry 28 , 1979, wi h the banks to discus s mo r e details. Mr. Clayton said that we shou ld find out wh at it wo ul d cost us to do thi s process manual ly -no collect paymen ts , but process the construction loan. Mr . Reddy said t hat basi cally that is what is being done n ow b y Finance. It is taking one person almost full -time to do this. Mr . Reddy said that this one person in Finance is working a lmos t fu ll-ime on o ur Section 8 p r og r am and Rehab program . He stated that he will get this information for Mr. Clayto n. -?- • I • - • • • • Ms. Morris sta ed that the Purchas1 ng Departmer.t 1~ ti p e n ding 3-5 day s on our work -Section 8. Sharo n i n Ac counting is spend ing about 85\ of her time o n Rehab alone on busy day s ; o n s low d ay s , she spend s a bout 50% of h e r time on Rehab . Sharon doesn't do the billing; she j ust d oes c onstruc tion-in-p r o gress. Mr. Reddy stated tha John Lowry , Assistant D1recto r of Finance, imp l ied tha he could hire an employee to work full time on Housing alone. Mr. Burns ask ed how the admin istrative cost w1ll be funded if the Bank s t ake over the construction loan process . Mr. Reddy s ate d that the cost w1 l l be worked into the loan. Mr. Reddy said that he doesn't want to push the Fin an ce Department too hard as they are already doing a tremendous job for u s. Mr. Clayton suggested that we ask Finance wh at we can do t o help them . Mr. Reddy stated that Ms. Morris has already done that . Finance ha s a computer syste m for the City. This computer system is not compatible wi h the b3nk 's system. Al VanDemark has to be able to make draw s available to contractors on short notice. Mr. Reddy said that we should know by our next meeting the answer from the banks . Mr . Clayton sugge sted providing a tour of the rehab homes for the ban k representatives . Mr. Reddy said tr.at we are talking about doing thi s in the Housing Workshop. This would make lenders and realtors more aware of wh at is going on . Mr. Reddy said that the slide show gave the bankers a view of the Rehab program when the Housing Authority met with them for a lun cheon me eting. Mr. Reddy stated that the Housing Authority me t with the bank consortium three we eks ago an d talked about an extension of the line of credit. Mr. Reddy stated that Republic National and First National Banks have had minimal involvement in processing loans so far. He has given the m a copy of the contract for the e xtension of the line of credit. Mr. Reddy said that all three banks gave us a verbal ok to e x tend the line of credit for an additional $300 ,000 . Mr. Burns stated that ~lr. Wanush had talked about r e volving some funds. When the money wa s targeted, it was assumed that i would be sufficient for two years . Mr . Reddy stated that alot of people are spending money and fixing up homes in Englewood. The bankers are c oncerned about the housing stock in Englewood. Mr . Reddy s tated that it is encouraging to hear the bankers interest in this field. Discussion regarding homes, land, and busines s spe c ulatio n in Englewood ensue d. There was a short recess for dinner. Section 8 Existing Report Mr. Burns asked about the effort to approach HUD with updating the Fair Market Rent . Mr. Reddy said that at the c onference he attended he found that many othe r Housing Authorities are having problems with FM R. Ms. Morris explained the FMR per bedroom size. Mr. Reddy said that we have run into a problem with people wanting to pay additional monies "under the table " for their rent . This is against Federal Regulations. Mr. Reddy said that a me eting was ca lled at Denver Housing Authority which included all front-range Housing Authorities and repre sentatives from HUD. HUD is respo~sible for the F MR structure and use s equations to arrive at FMR, wh ich is to include inflation. Some areas do not have the economic inflation tha exists in the Denver Me tro area. -3 - • I • • • • • .. Mr. Reddy disc ussed the r en t s urvey f orm and letter fo r Sectio n 8 r ental units r e garding updating the FMR . He sta ed that we used the Coun y As sessor's c omputer system printou (Little to and Englewood d~d Arapahoe County) to identify the o wne r s of propert y. Alice Fessenden is basically runnin the survey for us. Mr. Reddy said that the Denver Housing Authority will use their c o mputer to comp i le the information and give us realistic FMR's for this a rea. Mr . Reddy said that we hope it wil l give us a substantial FMR increase . It is signifi c ant that HUD and various Housi ng Authorities have met t o solve common problems. He said that we h oped to have he info rma tion we need by March 1 5 , 1979 . We are going to start ge t ing i nto a telephon e campai gn on Monday to request info rmati o n from those who did no t r e spond to the survey . We are striving f or a 1 00% return; HUD expec s a t least a 20% return . By April 1, 1979 , we h ope to have an actual printout comple ted with t his informati on . Di sc ussion continued c once rning the re nt payment problem ; and Mr . Reddy stated th at the Section 8 program is difficul t o admini ster. Mr. Burns as ked how we found out abou this . Mr . Reddy stated tha t Ms. Morri s became aware o f it . She brought i o his attention , a nd we developed a pro ce ss to deal with the problem . Mr . Reddy stated that the Housi ng Authori y has no control over t he private property oth e r t han enforcing the cont ra ct th at eac h landlord signed . He said that similar problems exist throughout the country. Mr. Reddy said that as soon as he b ecame aware of this problem , a staff me eti ng was held. He wrote a memo r egarding hi s situation which stated that this sort of thing wo u ld not be tolerated any longer, a meeting with other Housing Authorities would be scheduled, and a remedy for this situation wo uld transpire. Mr. Reddy stated that a letter was sen to all landlords and tenants o f the Section 8 p rogram stating that any information that is brought to our attenti on r e garding any payments given or r eceived o v er Fl1R will be forwarded to the Federal government. Mr. Reddy stated tha HUD is already aware of our situation. Mr . Burns questioned what the landlord will do with this tenant if this type o f th ing is going on. Mr. Clayton asked if there was any other problem like this in other programs in he Housi ng Divis ion. Mr . Reddy stated that he and Ms . Morris have gone through th e Re hab program and Section 8 New Con struc tion program and found no problems like this. Mrs. Beier left the meeting at 8 :00 P.M. Mr. Reddy stated that he is going to take an open, honest and candid approach with HUD. Mr . Reddy sta ted that this problem was never real ly faced head on . The issues were skirted around . We are not the only Housing Authori y having p rob lems with this. Mrs . Peterson asked if we are un der obligation to l et HUD k now about this situation with the landlords. Mr. Reddy said that we have already l et them know. If payments unde r the table are still b eing made , the probl e m will be dealt with. The tenants will probably have to find another pl a c e t o l i ve or be o ut o f the program. E lderly High-Rise Mr. Reddy stated that Roy and Marian Young are going to move into another u n i t ~n t h e S i mo n Center. There fore, we are loo king for another couple t o a ct as As sistant Manager Couple. We a r e not getting a good r e sponse to the ad we p ut in the paper and the 1 tters we sen to the app lic ants on the wai ting l ist. There h a ve only been two r esponses , a n d one cou p l e has de c ide d h e y c ould no do t h e work. Mr. Reddy stat~d tha would be be st to h ire a coupl e for the -4- • I • - • • • • • job so one person c ould c over the ma~n desk and the other person could cov er he situation if an emergency arose. Rev . Fixte r s id that it would b e an incentive to pay the Assi stant Manag~r Couple. Mr. Burns asked if the r e were funds available to give them some sort of salary . Mr. Reddy stated that with he tre mendous need f or hous~ng for he el derly, we felt hat we woul d get a good response as is; but i f we don't get a r espons by March 1, we may have some sort of c ompensation . Mr. Reddy said tha he re is a time factor involved . Roy and Marian will be l e aving the posi t ~on at the e nd of February; unofficially, h ey said they would stay if hey are needed . Mr. Burns said that there should be some sort of recognition given to Roy and Marian wh en they l eave for the fantastic service they have given everyone at the Simon Center. Mr. Reddy stated that the idea of a celebration at the Simon Center, a plaque, or whatever, has been considered. It would probably be toward the end of Mar ch . The Commissioners approved the idea of the staff taking c are of the arrangemen s . Mr. Reddy said that he has asked Ray Stout to consolidate a manual on the p olicies of the Simon Center -things t hat have arisen in past years. He also asked Ray to put together a preventative maintenance manual whi ch will include an exterior and interior inspection of the Simon Center. Al VanDemark and Mike Reddy are working with Ray to inspect the building. Any Managers who come into the Simon Center in the future will be able to see what needs to be checked and when according to the manual. Mr . Reddy then discusse d the problem with car thefts and purse snatches lately around Simon Center . Ray is in the process of contacting the Police Chief and asking him for more protection. The lighting is a problem in the center of the p arking lot, but that is not where these cars have been stolen from. Mr. Reddy has also asked Ray to get more information on safety tips for the Simon Center residents . Report on Ne w Developments Mr. Reddy said that Alice Fessenden looked into the Revenue Bond issue. There is a memo about it in the packet. Mr. C layton requested that this item be on the next agenda as Mrs. Beier wanted to know about it and she was no longer at the meeting. Report on Executive Development Training Mr. Reddy discussed this workshop, what he e xperienced there, the people he met and the things he learned. He said that he felt it was a valuable e xperience for him. He said that NAHRO should be c ommended for running this workshop . Board of Commissioners Choice The issue regarding the frozen water pipes in Englewood was discussed. Mr. Clayton asked if there was a possibility of making Rehab money available for loaning the people with this si tuatio n. He explained a new method of p utting electrical wiring in the p ipes t o prevent freezing. Dis c ussion ensue d regarding wa er pipes , where they were loc ated, when they were broken , how much of the problem is the City's re sponsibility and how much responsibility belongs to the homeowner. Mr. Clayton stated that the City Council asked Mr. Wanush if there was available from the Housi n g Authori t y to enable the City to lend money. Ci y wants the Housing Authority to handle the financing. -5- • money The I • • • .. Mr. Reddy q u estioned whe t he r or not he problem would be gone by the time we c r e ate a so l ution f o r i t. Re v . F i x er a sked wh e r e t he pip es are b r eaking . Mr. Reddy s tated that th e re is s ome b r eakage i n t h e pipe s. Mr s. Peters on s a i d th a t we a re talking about hav ing o pay f o r having the p ipe s thawe d out. Mr . Cl ay ton said that the pip e lines are f re e z ing , not b r e aking , under the s t r eet , n o t un d e r the lawn . Mr . Reddy said that he ta l ked wi th Mr . Wa nus h , t e l lin g him th a t we cou ld g ive he applicant money if hey me e t the require men t s o f the Re hab p r ogram , wh ich inclu des: l ) They would h ave to ha v e an i n spection o f the i r h o use, an d wo u l d have to b r i ng c o d e items up t o c ode if t h ey are c onside r e d to be i mrnd ne nt ha z ard s . Th e f irs t p riori ty o f the Rehab progr am i s taking c a re o f i mmine nt ha z ard s. Mr. Reddy said that the r e ha v e been some 300 cas es reported to t h e City that h ave frozen water pipes . If a pe r son is n ot wi l ling to me et the Re hab p rog ram's requi remen ts, we canno t make money a vailab l e to he l p the m. We would have to go t o the City for mo n ey t o o p e r a te th e program in an y e vent. 2) Ano ther appro ach woul d be t o alter the guideline s of the program, whi c h wo uld inc lude el iminating t he inspect ion o f the h o us e . If this hap p ened, we will have a hard time usin g Block Grant money f o r t his s ituation. 3 ) Another alternative woul d be for the Housing Authority to g o to the City with a request for fun d s f o r t h e Rehab p rogram. Discussion ensued regarding the above-me n t ioned alternati v e s. Mr . Clayton said that he thinks we should stay with the policy we have right now. This kind of thing n e eds to be explained t o the Ci ty ; and the Ci t y is asking us to look at it. Mr. Burns asked if we wanted to loan money or grant it . He q uestioned what wo uld hap pen to o ther p eople who want t o g e t a Rehab loan, and find that all the money h as b een us e d fixing froz e n pipes . Mr . Reddy e xplained that to se t u p a program like this wo uld t a ke a great de al o f a dmi nistra ti v e time p roviding we h a v e two al t e rnati v e programs . Mr. Re d dy sta ted t h at h e is re luctan t t o do this as the staff i s a l re a d y s wamp e d wi th work . He stated t h at th e fo llo wi ng i t ems would have to be done f o r c reating another progra m: 1) Set ting up the l o a n s and billings wo u ld be on Ton i Morris ' s hou l ders . 2 ) A c o mputer s ys tem wo uld ha v e to be set up in F i n an ce . Mr . Reddy said t ha t if we a re talking abo ut tak i ng over 300 l o ans, the p r oces s , a nd taking care o f t he loan s, will t a k e a great d eal o f t i me. The s t af f , in h is es ima t ion , c ould n ot h a n d le the incr e ased worklo ad . Mr . Burn s stated t h at we ought to comm unicate t o Council tha we can h andl e h i s r eques t if it goe s through the normal p roc ess; b ut it wo uld r equire add ition al staff t o do s o. Re v . Fix ~r stated that if h~ Ci y would do hei r part, he would be wi l ling -6- • I • • • D • • • o gi v e t h es e people a loan. lie fe ls tha the Ci ty shou ld be respon sib l e as h e p i pes are als o on Ci t y ground. Mr. Reddy stated that he would like to have the Housing Authority Commissione r s ' o pinion on whether or not thi s falls into what the y perc e ive as goals o f the Rehab program . Mrs. Peterson stated that she o p pos es altering the go a l s to f ix frozen p ipes . Mr. Reddy said that we could create a new program to handle th ese frozen wa er p ipe s, but feels we c annot push on the staff the demands it would tak e o do s o. It would tak e an a d ditional person to take care of the general a dmi ni tra i on o f such a program. Mr. Reddy stated that he can see where it would tak e one person full-time, but not all year around, to handle this program. It woul d p o ssibly take an additional finance person to handle the computer input . Mr. Clayton stated hat he thinks we owe the City Council a good obje c tive report, and then they can decide if they want to give us the additional money. MOTION S TAN FIXTER MOVED AND CINDY PETERESON SECONDED THE MOTION THAT THE ENGLEWOOD HOUSING AUTHORITY NOT LOWER ITS STANDARDS OF THE REHABILITATION LOAN PROGRAM FOR ANY PURPOSE. ALL VOTED "AY E" AND THE MOTION PASSED UNANIMOUSLY . MOTION MR. CLAYTON MOVED THAT THE EXECUTIVE DIRECTOR OF THE HOUSING AUTHORITY GIVE THE BOARD A REPORT ON WHAT IS NECE SSARY TO CHANGE THE OFFICIAL MEETING OF THE ENG LEWOOD HOUSING AUTHORITY TO THE 4 TH WEDNESDA Y OF EVERY MONTH: AND TO GIVE A REPORT OF THIS SURVEY TO THE HOUS ING AUTHORITY, AFTER POLLI NG THE BOARD MEMBERS •ro SEE WHAT THEIR OPINIONS ARE , AT THE NEXT MEETING. STAN FIXTER SECONDED THE MOTION. ALL VOTED "AYE" AND THE MOTI ON PASSED UNANIMOUSLY. Mr. Burns made a request to make the by-laws of the Housing Authority state that the meeting will be held , but state that the Housing Authority has the power to set the mee ting time and place. Mr. Burns said that h e and Mr. Reddy we r e o meet with some representatives from Security Pacific tomorrow morn i ng (Wedn e sday, February 28) to discuss the land site next to the Malley Cen e r. There being no further d i scussion , the me e ting was adjourned at 10:00 P .M. -7- • I . • • • • The Amended Minutes of the Englewood Housing Authority of the February 27, 1979 Regular Meeting were officially approved by the Commissioners on April 25 , 1979 . • I • • - • • • • • MINUTES OF ENGLEWOOD HOUSING AUTH ORITY REGULAR MEETING March 22 , 1979 The regular meeti ng of the Englewood Hou s ing Autho rity was ca lled t o o rder by Ch airman Thomas J. Burns at 5:10P .M ., March 22 , 1979, at the Simon Ce nter. Roll Call Memb e rs Present: Members Absent: Others Present: Thomas J. Burns, Chairman Betty Beier, Vice-Chairman David Clayton Rev. Stan Fixter-a r riv ed a t 5:15 P .M. Cindy Peterson None Mike Reddy, Executive Director , Housing Toni Morri s , Associate Housing Coordinator Kirk Wi ckersham, Attorney for the Englewood Housing Authority Reading and Approval of Minute s The minutes of the Housing Authority meeting of February 27 , .1.979, were considered. Mrs. Beier commented that she thought there was too much detail in the minutes . Mr . Clayton said that they can be overdone ; but sometimes when there is a question on an issue, we can refer bac k to the minutes. Mr . Reddy stated that if we were ever to have an audit, and HUD asked what we dis c ussed, we could look it up in the minutes. Mr . Burns stated that he wouldn't be in favor of de c reasing the d e tails in the minutes. MOTION DAVE CLAYTON MOVED THAT APPROVAL OF THE MINUTES OF THE REGULAR HOUSING AUTH ORI TY MEETING OF FEBRUARY 27 , 1979 BE DELAYED UNTIL THE NEXT MEETING IN ORDER TO MAKE SOME CHANGES ON THESE MINUTES . BETTY BEIER SECONDED TilE MOTION . ALL VOTED "AYE" AND THE MOTION PASSED UNANIMOUSLY. AYES: NAY S : Budget Review P rocess Tom Burns Betty Beier David Clayton Rev. Stan Fi xter Cindy Peterson None Mr. Red dy stated that a budget review process was a request from the last meet ing. Ms. Morris e x plained the budget review schedule. This schedule would allow the Co mmissioners 60 days to look the budget over. Ms. Morris the n explained the process of this schedule. • I • -• • • Mr. Clayton stated that this proc edure ought to be indexed , and t hen it c a n be referred to from time to time. Ms. Morris e x plained the four budgets t o b e concerned with. They are: Housing Authority, Elderly, Section 8 Existing, and Rehab budgets . Ms. Morris stated that the "00" figures on the schedule under the "Budget" column are suc h because , due to the present administration being new to this, they weren 't aware that these figures had to be turned into data processing. Ms. Morris stated that the figures have now been sent to Da t a Processing. Ms. Morris stated that each month we will make c opies of the s e f o r budgets and include them in he packets for the Commissioners. Next month's printout should have a dollar amount under the "Budget" column. Disc ussion regarding budgets ensued. Compliance Audit Mr. Reddy stated that the Englewood Housing Authority is due for a c ompliance audit. This audit will include all programs of the Housing Authority from the beginning up through December 31, 1978. Mr. Reddy stated that HUD will have t o approve the auditor that we come up with. The determination of whi ch auditi ng firm we will go with is based on the fee they charge. Mr. Reddy then discusse d the memo from Bill James recommending a list of auditing firms we can write o for bids. He stated that we should use an auditor who already has experienc e working with Englewood 's accounting books. Mr . Reddy stated that the lowest bidding audi t or gets the job according to HUD. Mr. Reddy stated that some money has bee n budgeted for the cost of the audit; approximately $400 has been incurred for this audit . We will have to send a request to HUD for some funds to pay the auditing firm. Mr. Reddy said that he feels this audit will give a clear picture of where the Housing Authority has been , its strong and weak points , and its relationship to Finance. Mr. Reddy stated that another audit will probably be done in two years. Mr . Reddy stated that any agency that use~ Federal funds has to periodically have a compliance audit every two years. He said that the Englewood Housing Authority has been a udited by HUD on individual programs, but never had a compliance audit. MOTION STAN FIXTER MOVED TO APPROVE THE LIST OF ACCOUNTING FIRMS RECOMMENDED TO COMPLETE THE COMPLIANCE AUDIT OF THE ENGLEWOOD HOUSING AUTH OR ITY. THE LIST IS AS FOLLOW S : PEAT , MARWICK, MITCHELL AND COMPANY, LAVOY ROBISON, PARTNER ; MCGLADREY, HENDRICKSON AND COMPANY, LOREN SHEPHERD, PARTNER; MORGAN, ROE AND COMPANY, GL EN ROE , PARTNER; VAN SCHOONEVELD AND COMPANY, BILL VAN SCHOONEVELD, PARTNER. REV. FIXTER ALSO MOVED TO INCLUDE IN THIS MOTION THE AUDITING FIRM OF COMBELLIC, O 'CONNOR , AND REYNOLDS. MRS. BEIER SECONDED THE MOTION. ALL VOTED "AYE" AND THE MOTION PASSED UNANIMOUSLY. AYES: NAYS: Tom Burns Betty Beier Dave Clayton Rev. Stan Fixter Cindy Peterson None Mr. Burns asked that we de fer discussing the Public Housing Application until after the dinner break. I • ( • • • • Rehab Report Mr. Reddy stated that the Rehab report is basically the same as it was the previous month . The Rehab Loan Committee met yesterday. Three loans were considered for approval and were adopted. Mr. Reddy stated that Englewood has re ceived the CDBG grant f o r $226,000 and also the State Hous ing Grant for $35,000. We have to submit the final application for the CDBG grant which ha s to include a HAP (Housing Assistance P lan), whi ch has to b e r e vised. Mr. Reddy stated t h at we should have the money by June, 19 79. We wi l l probably start advertising the Rehab program more than we have before. Mr. Red dy stated that Alice Fessenden wro te the enti re proposal for the CDBG grant. Mr. Reddy stated that the mon ey will come to the Ci ty (as the City applied for this money, not the Housing Authority) and then through an action of Coun c il , the money will be drawn over to the Housing Authori y. Out of the total amount, 10% goes to administration o ver a period of t wo years . The amount of $25,000 or $26,000 will be available for administrative e xpenses; the rest of the mon e y will actually go to writing down loans. The interest rate of the loan is what is actually written down a s the loan. Mr. Reddy stated that we originally s ubmitted an application to the State for a $25 ,00 0 grant , but they de c ided to give us $35 ,000 . Mr . Reddy said that there will be specific regulations to follow for each grant. The State wants to see the majority of that money going to lower-in c ome people to fit that c riteria. The CDBG will have its own set of regulations to follow. Mr. Reddy stated that we have met again with Continental National Bank . They want to hold the deed of trust on the Rehab loans. Continental would like a letter from our attorney stating that it would not e ffect their tax-ex e mpt status . Discussion ensued regarding this issue. MOTION DAVE CLAYTON MOVED THAT A LETTER BE WRITTEN TO ALICE FESSENDEN AND GO OUT OVER THE SIGNATURE OF THOMAS J . BURN S AND THE EXECUTIVE DIRECTOR OF THE ENGLEWOOD HOUSING AUTHORITY STATING HOW APPRECIATIVE WE ARE OF THE FINE WORK SHE HAS DONE FOR THE HOUSING AUTH ORITY PROPOSAL WRITING, AND WORK ON OTHE R PROGRAMS. CINDY PETERSON SEC ONDED THE MOTI ON. ALL VOTED "AYE", AND TH E MOTION PASSED UNANIMOUSLY. AYES: Simon Center Torn Burns Bet ty Beier Dave Clayton Rev. Stan Fixter Cindy Peterson NAYS: None Mr. Reddy stated that an Assi s tant Manager Couple was hired for the Simon Cente r. Their names are Clarence and Marian Natelborg. Clarence worked with Sarnsonite on the production line for 2 5 years. Marian worked with the CU Medical Center in the Newborn Unit. She has al&o done grant proposal writing. The Natelborg's will be moved into the Si mon Center by April 1, 1979. Mr. Reddy stated that Ray and Gerry Stout are putting together a "Thank You" pa rty for the past As sistant Manager Co uple -Roy and Marian Young. The party would also inc lude we lcoming the new As sistant Manager Couple , Clarence and Marian Natelborg. The reception for both co upl es will be April 11, 1979 at 3:00 P.M. at the Simon Center. -3- • I • • • • • Section 8 Exis ting There h a s b een no change in the Section 8 E xi sting report from last month . Report o n New De ve lopments The information that was made availabl e to the Commis s i oners last month o n the Revenue Bond issue was discussed . Mr . Reddy stated that the City would have to take any action on the Revenue Bonds that needed to be taken . There are some bills in front of the State at this time that would l i mi t the income of peop l e to get invo lved in this program to a point that the Industrial Revenue Bond program as it e x ists might not be something that would be usable . So th e City is going t o wait until the State makes a decision on this . Mrs . Beier stated that she was inter ested in how mu ch of that $7 4 million is still available and what lending insti tutions in Englewood are involved wi th it. Mr. Reddy stated that no lendi ng in stitutions in Englewood at this point are involved. The large lencing institution that is workin in this jur isdi ction is Midland which i: primarily involved in this at this point . Mr. Reddy stated that Co lorado Hou sing Finance Authority (CHFA) has d ifferent banks they funnel their money through . Mr . Clayton asked Mr. Reddy to find o u t what banks in Englewood CHF A funne l s i t s money through. In regards to the water line freeze -ups , it is noted that the Commissi o ners r ecei v ed the report f r om Mike Reddy on t hes e fre e z e -ups . There wa s a short r ecess for dinner. P ubl ic Housing Application Discussion ensued regarding the Pub l ic Housing Application a n d the land site. An E x ecutive Session of the Engle wood Housing Authority Board ensued. MOTION REV. S TAN FIXTER MOVED THAT SECURI TY PACIFIC BE INFORMED THAT THE EN GLE WOOD HOUS ING AUTHO RITY IS AN D WILL CO NTINUE T O TRY TO GET THE 1 00 ALL OCATI ONS AS QU ICKI.Y AS H. U. D. CAN ACT . THE ENGLE WOOD HOUSING AUTH ORITY WAtlT S TO ouT TH EM ON THE SECURI':'Y PACI:>IC S ITE; NO OT!IER S ITE IS EVEN MARGIN AL LY SUITAB LE . TO INDUCE SECURITY PACIFIC TO FO RE GO ITS P RE SE NT AND POSSI BLE FUTURE O~PORTUNITIES TO SELL AND TO ACCEPT THE RI SKS AND DELAYS OF WORKING WITH H.U .D., THE ENGLEWOO D HOUSING AUTHORITY WILL BE WILLING TO PAY $350,000 CASH TO BE COMPUTED AS FOLL OWS : $300 ,000 -Fair Market Va lue $ 25 ,000 -Natural appreciation over 6 months + $ 25 ,000 -Comp ens ation for foregoing other opportunities and taking risks of working with H .U.D . CINDY PETERSON SECONDED THE MOTION. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS : Thomas J. Burns Betty Beier Dav e Clayton Rev . J . S t anley Fixter Cindy Pete rson None -4- • I • - r • • • • • Mr. Burns stated that he feels Security Pacific would like to work with us in good faith . Then land has been appraised at $300 ,000 . We would offer them an additional $50,000; $25,000 would be for an inflation factor , and the other $25,000 would be a fee fo r having Security Pacific wait for our decision . There being no further discussion , the meeting was adjourned at 8 :45 P.M. -5- • I • • • • • • The Englewood Housing Authority Minutes of the March 22 , 1979 Regular Me eting we r e officially approved by the Commissioners on April 25 , 1 9 79. Michael Executive Director Englewood Housing Authority • I • • ( ( • • • - CITY OF ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS MARCH 14, 1979 Th e regular meeting of the Board o f Ad j ustment and Appeals was c alled to order at 8 :00 P.M. by Chairman Vi r ginia Dawson. MEMBER5 PRESENT: Krei ling, Oliver, Brown, Pratt, Leonard, Dawson. MEMBERS ABSENT: ALSO PRESENT: Richard Younkin Seymour. Pittman, Chief Building Inspector Christy, Recording Secretary 3229 So . Pennsylvania Case 05-79 REQUEST : The applicant is requesting a variance from the maximum lot coverage of 30% to a lot coverage of 35% for the purpose of erecting a room addition. This is a variance of the Comprehensive Zoning Ordinance, Section 22. 4-4 e. Maximum Lot Coverage. The Staff Report was read and submitted to record. Mr. and Mrs. Younkin, owners and residents of 3229 So. Pennsylvania St. were sworn in for testimony. Letters of approval from three adjacent property owners were submitted as Petitioner's Exhibits A-C. Mr. Younkin stated that they had owned the property for twelve years. He further stated that the large garage and the covered patio existed when he purc hased the property. Mr. Younkin stated that they have a fourteen year old daughter and a twelve year o ~d son and no longer have enough room without the proposed addition. The addition would fill in the two corners on both sides of the patio as well as enclose the patio giving them another bathroom, enlarged kitchen and den. The house does not have a basement. Mr. Younkin fur ther explained that the existing portable metal shed would be removed. There were no others present who wished to speak in favor or opposition to this variance. The public hearing was closed . There was discussion by the Board. Mr. Oli·:er motioned and Mr. Brown seconded that: IN CASE 05-79, 3229 SO. PE NNSYLVANIA ST . , RICHARD YOUNKIN, ·:·o GRANT A VARIANCE FROM THE MAY.lMUM LOT COVERAGE OF 3C% TO A LOT COVERAGE OF 35% FOR THE PURPOSE OF ERECTING A ROOM ADDITI ON. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONI NG ORDINANCE, SECTION 22 .4-4 e. MAXIMUM LOT COVERAGE . • I • • ( ( • • • - FINDINGS OF FACT: Mr. Kreiling stated that he felt the request met the six conditions required for a variance and that there was no opposition from the neighborhood. In addition, there were three letters of approval from the adjacent neighbors. Mr. Oliver stated that he felt the variance would be permissable since the lot size is somewhat larger than required by the zoning ordinance. Further, he believed that there appears to be a definite hardship on the family without the variance. Mr. Pratt stated that he believes the variance will do substantial justice to all the homes in the neighborhood. Further that there is a hardship on the family since the children have grown and that the variance would be consistant with what they would hope to have in the rest of Englewood. Mr. Leonard stated that he felt the variance met the six conditions required for a variance and that he was also in agreement with the other statements of the previous Board Members. Upon a call of the roll, the following vote resulted: AYES: Kreiling, Oliver, Brown, Pratt, Leonard, Dawson. NAYS: None. Chairman Dawson declared the variance granted. Chester Hallagin 4412 So. Grant Case 06-79 REQUEST: The applicant is requesting a variance from the required side yard setback of 3 ft. to a side yard setback of 1 ft. and from the maximum over-lot coverage of 30% to a lot coverage of 33% for the purpose of erecting a detached garage. This is a variance of the Comprehensive Zoning Ordinance, Sections 22.4-4 L.(c)-Side Yard, and 22-4-4 e. Maximum Lot Coverage. The Staff Report was read and submitted to ,the record. Mr. Chester Hallagin, owner and resident of 4412 So. Grant was sworn in for testimony. Letters of approval from five adjacent property owners were submitted as Petitioner's Exhibits A-F. Mr. Hallagin stated that his property at this time does not have a garage and that he has been renting a garage approximatelytwo miles from his home at 2711 So. Sherman St. to store his good car, which has been very inconvenient. He stated that he needed the garage for parking his good car and for storage and security of his lawn equipment and tools. He further stated that the garage would have an alley entrance. He stated that an old storage shed would be removed and given to the adjacent property owner to replace his dilapidated shed. Mr. Hallagin stated that he felt the garage would be a good improvement and clean up the rear of his property which in turn would upgrade the neighborhood. There were no others present who wished to speak in favor or opposition to this variance. The public hearing was closed. -2- • I • • - • I • • • • There was discuss ion by the Board . Mr. Brown motioned and Mr. Oliver sec onded that: IN CASE 06-79, 441 2 SO. GRANT ST., CHESTER HALLAGIN, TO GRANT A VARIA NCE FROM THE RE QUIRED SI DE YARD SETBACK OF 3 FT. TO A SIDE YARD SETBACK OF 1 FT. AND FROM THE MAXIMUM OVER-LOT COVERAGE OF 30% TO A LOT COV ERAGE OF 33% FOR THE PURPOSE OF ERECTING A DETACHED GARAGE. THIS IS A VARIANC E OF THE COMPREHENSIVE ZONIN G ORDINANCE, SECTIONS 22.4-4L.(c )-SIDE YARD, AND 22.4-4 e. MAXIMUM LOT COVERAGE. FINDINGS OF FACT: Mr. Kreiling stated that the percentage of lot coverage was based on the actual lot size rather than the minimum lot size of the ordinance. He coul d see the advantage of the openness on the south side of the garage where no fence would be built between the two properties. Mr. Oliver stated that he felt the request was justified on the basis of the six conditions required. He further stated that he felt there was a hardship from the security standpoint and also the usability of his property. Mr. Brown stated that he felt the garage addition would upgrade the neighborhood. Also, he stated that he felt the applicant had a real need for the garage. Mr. Pratt stated that he felt it would do justice to the neighborhood and upgrade it. He also stated that because of the over-sized lot, the requested 3% overage would not significantly effect his neighbors. Further, he stated that it would present a hardship if the variance were not granted because of the need for storage. Mr . Leonard stated that he felt the garage would upgrade the neighborhood. He also stated that the variance met all the requirements and had the approval of the neighbors. Upon a c all of the roll , the following vote resulted: AYES: Kr eiling, Olive r, Br own, Pra tt, Leonard , Dawson. NAYS : None . Chairman Daws on d e clared the variance gr a n ted • -3- • I • ( • • • • Ronald & Virg i n ia Sou t hwo r th 4430 So. Sherman St. Case 07-79 REQUEST: Th e app l cant is r qu s t in a va r i anc e from the maximum lot coverag of 30% to a l o t c ov ra e of 35% fo r th pu rpose of erecting a detached gar age . This is a varianc e of the Comprehens i ve Zo ning Ordinance, Section 22.4-4 e. Maximum Lot Coverage . The Staff Rep o rt was read and submitted to record. Mr. and Mrs. Ronald Southworth , owners and residents of 4430 So. Sherman St. were sworn in for testimony. Letters of approval from six adjacent property owners ••ere submitted as Petitioner's Exhibits A-F. Mr. Southworth sta ted that his hobby was woodworking and he wanted the large detached garage to s t ore his expensive equipment as well as his pick-up and jeep. He further sta ted that he also was a journeyman mechanic and did his own maintenance on his vehicles and wanted to store his expensive tools in the garage. Mr. Southworth stated that their existing single-car attached garage was very small and his wife's volkswagen and his son's motorcycle took up all the room. He stated that he felt the garage would upgrade the neighborhood by getting several of his vehicles off the street. He further stated that the old shed and children's play fort in the rear of the rroperty would be removed and the garage would be built in that location with an alley entrance. There were no others present who wished to speak in favor or opposition to this variance. The public hearing was closed. There was discussion by the Board. Mr. Leonard motioned and Mr. Pratt seconded that: IN CASE 07-79, 4430 SO. SHERMAN ST., RONALD & VIRGINIA SOUTHWORTH, TO GRANT A VARIANCE FROM THE MAXIMUM LOT COVERAGE OF 30% TO A LOT COVERAGE OF 35.61% FOR THE PURPOSE OF ERECTING A DETACHED GARAGE. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-4 e. MAXIMUM LOT COVERAGE. FINDINGS OF FACT: Mr. Kreiling brought to the Board's attention the discrepancy of the coverage percentage in the staff report and the applicant's request. The 35% over-lot coverage was re-figu red at 35.61% based on the over sized lot. He stated that the applicants had been citizens of Englewood for twenty years. He fur ther stated that they needed a larger garage than the existing garage because of the number and size of cars. Mr. Oliver stated the lot coverage begins to approach the maximum, but that he felt the request was justified because of the lot size, and requirements of the applicant. He further stated that there appeared to be no opposition and that the request met the six conditions. Mr. Pratt stated that the variance would do substantial justice to the neighbors. He also stated that he felt b ecause of oversized lot, the owner should be entitled to a larger garage. He further stated that because of the willingness of the applicant to c lean up the other structures in the rear yard that would also be an improvement to the neighbors. (4) I • • ( ( • • • .. Mr. Leonard stated that the applicant had justified a number of additional needs for a la ~ger garage and that there was no opposition present . Upon a call of the roll, the following vote resulted: AYES: Kreiling, Oliver, Brown, Pratt, Leonard, Dawson. NAYS: None. Chairman Dawson declared the variance granted. Tiger Mgf. Co., Inc. 15 East Quincy Case 08-79 REQUEST: The applicant is requesting a variance from the Comprehensive Zoning Ordinance, Section 22.6-4. Change in Non -Conforming Use. This ordinance states "Any change in a Non-Conforming Use shall be to a use allowed in the Zone District in which the use is located." The applicant is requesting to use the existing property for offices plus assembly and storage of dental equipment. The Staff Report was read and submitted to record. Mr. John Hayes, owner of Tiger Mgf. Co., Inc. and 15 East Quincy, and Kim Seifert and employee of Tiger Mgf. Co., Inc. were sworn in for testimony. Mr. Seifert explained that the subject building is very small and that the front 3/4 of the building would be used as office and the rear l/4 would be used for assembly of dental equipment. He stated that this would be a one-man operation and that all assembly is done by hand, therefore not requiring any tools or machinery what-so-ever. He further explained that the small dental equipment which they assemble is sold and shipped out on a daily pick-up basis by United Parcel Service. Mr. Hayes stated that there is no walk-in business associated with his company. He further described the 5 spaces of off-street parking that belongs to the property and located just down the alley. He stated that there would be no client parking, only that of his one employee and at times his own car. Mr. Seifert told the Board that he had tried to speak to the adjacent property owner whom he thought was a foreign man and did not know if he had understood his explanation of the business. However, he stated that the man had smiled and nodded after reading the posted variance sign. He further explained that they had not received any complaints from the neighbors. Mr. Hayes stated that he purchased the building from Mr. Curtis Neeley, who had previously been granted a variance to change the use of the subject building to an insurance company. He stated that he had been advised by Mr. Neeley to make application for a variance for the change of use to the dental equipment company. He f urther stated that this was why they were voluntarily coming before the Board to request this variance in order to make the use legal. -5- • I • ( ( • • • • The Board members discu s sed the previously granted variances on the property. As the staf f report had stated the structure was originally a legal Non-C on- formirg Use of a b i cycle shop, then changed to a printing shop and finally to an insurance company by approved variances. Theyalso discussed the proximity of the building to the B-2 zone and the intended use. Mr. Pittman, Chief Building Inspector stated that the intended use of office and assembly of the dental equipment would be a permitted use in the B-2 zone. After discussion by the Board, Mr. Oliver motioned and Mr. Kreiling seconded that: IN CASE 08-79, 15 EAST QUINCY, TIGER MFG. CO., INC., TO GRANT A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.6-4. CHANGE IN NON-CONFORMING USE. THIS ORDINANCE STATES "ANY CHANGE IN A NON-CONFORMING USE SHALL BE TO A USE ALLOWED IN THE ZONE DISTRICT IN WHICH THE USE IS LOCATED." THE APPLICANT IS REQUESTING TO USE THE EXISTING PROPERTY FOR OFFICES PLUS ASSEMBLY AND STORAGE OF DENTAL EQUIPMENT . SUCH VARIANCE TO BE RESTRICTED TO ASSEMBLY AND STORAGE OF DENTAL EQUIPMENT AND NOT TO EXTEND INTO MANUFACTURING. FINDINGS OF FACT: Mr. Kreiling stated that this building had previously been before the Board pertaining to the zoning restrictions and in each instance an affirmative allow- ance was permitted for business use. He further stated that it would be very difficult to change the building for anything other than business use. Mr. Oliver stated that this wasareasonable request considering its location and the other prior businesses that had been located there. He stated that he felt this was definitely a situation that should be looked at by Planning and Zoning for incorporation into the adjacent B-2 Zone. Mr. Pratt stated that he was in favor of the variance because it was adjacent to the B-2 zone which would be appropriate for this particular use. He further stated that, in fact, over the years it had been a business use and that it would not in any way injure anything that is now existing or any of the neighbors. He also stated that if the variance were not granted it would cause a severe hardship on the owner. He explained however, that he felt it would have been more appropriate if the owner had contacted the neighbors with the appropriate approval forms. Mr. Leonard stated that it was a previous business and occupied as such and i t had been improved considerably. He also stated that he felt if would have been better if the owner ha d c ontac ted the adjacent property owners with approval letters,however, they did have the opportunity to read the variance request sign as posted. Upon a call of the roll, the following vote resulted: AYES: Kreiling, Ol i ver, Brown, Pratt, Leonard, Dawson. NAYS: None. Chairman Dawson declared the variance granted. -6- I • ...... ( ( • • • .. Super Lube , I n c . 4466 So. Broadway Case 0 9-79 REQ UEST: The applicant i s requesting a va r ian ce f rom the Comp rehensive Zoning Ordinance, Section 22.5-4 a.(3 )-Driveways. This ordinance s t a tes "no two (2) driveways from the same use shall be within thirty (3 0 ) f t. of each other measured along its intersections with the curb line. The applicant proposes to reduce the thirty (30) ft. minimum requirement t o twenty-four (24) ft. The Staff Report was read and submitted to record. Mr. Richard Nelson and Mr. Tom Crump, owners of Super Lube, Inc., 4466 So. Broadway were sworn in for testimony. Mr. Nelson described his business presently as servicing cars which must enter at the rear from the alley and exit onto Broadway. He explained that the existing curb cut off of Broadway is for exit only and is slanted in the direction of the traffic. He stated that they want to put in another curb cut on Broadway on the south side of their property which would allow cars to enter on Broadway and drive around the side of the building and enter the bays fr om the back. He reviewed the six conditions requiredfor a variance. He stated that he felt the variance would do substantial justice to all because it would eliminate confusion in the alley which is usually blocked by cars lined up to use the nearby car wash. He also stated that the new entrance would lessen the impairing of traffic by cars slowing down in front of the building looking for an entrance or by cars which have mistakenly entered the exit only side and have to back out again onto Broadway. Mr. Nelson told the Board that they did not feel they could meet the full potential of their business without the extra curb cut because many prospective customers would slow down looking for an entrance off Broadway and become discouraged when they could not find one and drive on. He stated that he had discussed the variance request with the Engineering Department and was told that the purpose of the ordinance was to allow sufficient distance between the curb cuts for parking. He stated that the Engineering Department had told him that the 23 ft. distance between the existing and proposed curb cuts would be more than needed to park an average sized car. Mr. Nelson stated that the variance would not injure the appropriate use of the ad j acent conf orming propert i es. He explained that the property on one side has adequate off-street parking and no drive-in business, and the property on the other side has a two f t. retaining wall along the entire front of the property and no ac c ess from Broadway. There were no others present wh o wished to speak in favor or opposition to the variance. The pub l ic hearing was closed. The Board discussed the issue and reviewed the memo from the Engineering Department stating they had no objection to the curb cut but stated that the proposed curb cut must be restricted to use as an entrance only and signed accordingly. After further d i scussion, Mr. Oliver motioned and Mr. Brown sec onded that : -7- I • • n - ( • • • • • IN CASE 09-79, SUPER LUBE, INC., 4466 SO. BROADWAY, TO GRANT A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.5-4 a. (3)-DRIVEWAYS. THIS ORDINANCE STATES "NO TWO (2) DRIVEWAYS FROM THE SAME USE SHALL BE WITH- IN THIRTY (30) FT. OF EACH OTHER MEASURED ALONG ITS INTERSECTIONS WI TH THE CURB LINE. THE APPLICANT PROPOSES TO REDUCE THE THIRT Y (30) FT. MINIMUM REQUIREMENT TO TWENTY-FOUR (24) FT. FURTHER, THAT THE CURB CUT BE RESTRICTED TO ENTRANCE ONLY AND SIGNED ACCORDINGLY. COMMENT: Oliver: "I'd just like to put in my two cents worth against the Zoning and Planning that permits business to operate on the hills directly off Broadway. To continue to permit that time after time up and down Broadway cattses the problems we've got. The sooner Zoning gets on the ball and starts worrying about things like that instead of other things of less importance we're going to continue to have dangerous access problems o ff Broadway, strip zoning and everything intended with it. Probably has nothing to do with this case but I thought I'd stick it in anyway." FINDINGS OF FACT: Mr. Kreiling stated that he would vote for the variance in view of the Engineering letter and the impracticability where two or more properties are involved relative to the limiting space between the driveways. Mr . Oliver stated that the business would have a low volume of automobile traf f ic compared to similar uses on Broadway. He further stated that of the many businesses that use Broadway access, this is one of the least objectionable. Mr. Brown stated that he felt there was sufficient room between the two driveways to park an automobile and that it would be safe to go along wi~h the variance. Mr. Pratt stated that he felt the variance would not harm the ad j acent properties in any way. He stated however, that he was not sure that the plight of the owner was entirely the result of the property but rather o f planning. Nor was he sure the owner's business couldn't survive without the variance, but in light of the fac t that an adja c ent property could have an abu tting c urb cut and no parki n g and in view of the fact that the Engineering Department had no objection, he would vote in favor of the variance request. Mr. Leonard stated that t he City Engineer has no objection and that to deny the variance would be a hardship on his business. He also stated that because of the alley confusion the applicant needs the variance for the additional curb cut. He further stated that there was no opposition and the variance met the six conditions . Upon a cail of the roll, the follo wing vote resulted: AYES: Kreiling, Oliver, Brown, Pratt, Leonard, Dawson. NAYS: None. -8- I • • ( • • .. • Chairman Dawson declare d the var i ance granted. Ge o rge Reish 4 27 5 So. Br o adway Case 10-79 REQUEST: The applicant is requesting an appeal o f the Chief Buil d ing I nspector's decision that: "The existing structure was built and used as an apartment house. The proposed use of the structure as offices is a change in use." The applicant proposes that the structure has always been a business use, was built for business use and is not, therefore, a change in use. This is an appeal of the Englewood Building Department decision in accordance with the Comprehensive Zoning Ordinance, Section 22.2-5 b. Appeals. The Staff Report was read and submitted to record. Mr. George Reish, owner of 4275 So. Broadway was sworn in for testimony . Mr. Reish presented a land use map from the City's Zoning Department as Exhibit A, which showed the subject property as called the Cherrelyn Professional Building. Mr. Reish stated that he did not disagree with the Building Department's stand that the structure had been built as an apartment house because all the permits and Certificate of Occupancy clearly showed that. He stated, however, that it was his in~ent to show ~ the Board that the original owner changed the use just six months after II construction was started. Mr. Reish reviewed a letter he had received from Mr. Herbert Peterson, original owner and builder of the structure.(Exhibit B) The letter listed the commercial tenants which had occupied the different levels of the building. Mr. Reish stated that the owner himself had a printing business in the basement which was the first tenant. Mr. Reish stated that the north and south sides of the lower level had been occupied by a dentist and an osteopath. He stated that during remodeling construction he had found evidence of these businesses such as sinks, rooms with metal shields and other equipment used by dentists and doctors . He stated that the middle level had been occupied by a real estate office and the Pert and Pretty Beauty Shop which has been in business at that same location for twenty-five years. He further stated that a business licens e had recently been issue d in 1978 to a chiropractor who's business i s now located chere. Mr. Reish presented before and after pictures showing the remodeling wh i ch his compan y had d o ne to the building. He stated that he now had his own busines s, Reish I nves tm ents, located in the building on the upper level. He st a ted that at the t i me he purchased the property there were two tena nt s o c cupying the upper level but have now moved. Mr. Reish stated that it took the original owner nearly thre e y ears to complete the building and that the use had changed almo s t imme d ia tely af ter construc tion had started in the lat e r part of 1948. There f o re, he be l i eved the business use already existed when he purchased the property and that he was not the one who changed the use. Mr. Pittman explained why he took the position of Change of Use. He stated that he reviewed the do cuments on file for the subject building and based on the original bu i lding permit a nd the certificate of (continued) -9- I • ( ( ( • • • • occupancy he found no evidence that the building had ever been converted to a business use. He further stated that according to the permits the intended use at the time of construction was for an apartment building. He stated that he could not deny that there had been business use of the building but that according to the records on file, the intended use of construction was for an apartment building, which made the change of use applicable. The Board reviewed the building permits, Certificate of Occupancy and also a Housing Code Inspect ion letter dated 1974, which was made on the six-unit apartm.mt house. The letter was accepted as an Exhibit. There were no others present who wished to speak in favor or opposition to the variance. The public hearing was c losed. There was discussion by the Board. Mr. Kreiling motioned and Mr. Pratt seconded that: IN CASE 10-79, 4275 SO. BROADWAY, GEORGE REISH, TO UPHOLD THE CHIEF BUILDING INSPECTOR'S DECISION THAT "THE EXISTING STRUCTURE WAS BUILT AND USED AS AN APARTMENT HOUSE. THE PROPOSED USE OF THE STRUCTURE AS OFFICES IS A CHANGE OF USE." FINDINGS OF FACT: Mr. Kreiling stated that the records were very confusing and needed to be clarified. Mr. Oliver st~ted that according to the records the building was built as an apartment house and by testimony is now being used as offices. Mr. Pratt stated that based on the fact that the original documents were issued as an apartment house and the fact that in 1974 it was inspected as an apartment house, he felt it was appropriate to be considered an apartment house. Mr. Leonard stated that he felt it was an apartment house based on the Housir.g Code Inspection of 1974. He further stated thatjust because it had been operated illegally, it shouldn't be continued until the record is corrected accordingly. Upon a call of the roll, the following vote resulted: AYES: Kreiling, Oliver, Brown, Pratt, Leonard, Dawson. NAYS: None. Chairman Dawson declared the appeal denied. ----------------------------------------------------------------------------- -10- • I • • ( ( • • • .. George Reish 4275 So . Broadway Case 11-79 REQUEST: The applicant is requesting a variance from the 197 3 Uniform Building Code, Section 2003 (b) -Openings in Walls. "Openings in exterior walls shall conform to the requirements of Section 504 (b) and shall be protected by a fire assembly having a three-fourths-hour fire-resistive rating when they are less than 20 ft. from an adjacent property line or the center line of a street or public space." The applicant is requesting to delete the requirement for three-fourths- hour fire-resistive rating for openings closer than 20 ft. to the property line on the north and south sides of the existing building, except for the first two vertical rows of windows on the south side adjacent to the shake shingle roof on the adjacent structure. This is an appeal of the Englewood Building Department decision in accordance with the Comprehensive Zoning Ordinance, Section 22.2-5 -Appeals. The Staff Report was read and submitted to the record. Mr. George Reish had been sworn in for testimony for the preceding appeal . He referred to the Land Use map exhibit which had been presented at the previous appeal case. He stated that the adjacent building on the south side is 5 ft. from the property line and 11 ft. from his building, and that the side wall is entirely brick with no windows. He stated that the adjacent building on the north side was also an all brick building. Mr.Reish reviewed the six conditionsrequired fo r an appeal. He stated that he felt the building should be looked at individually in its relationship to the other two existing adjacent buildings. He stated that he had reviewed the situation with Gary Pittman, Chief Building Inspector and Richard Wanush, Director of Community Development. He stated that even they had a difference of opinion of which adjacent side was more of a problem and needed the fire-resistive wired glass more. He stated that they recommended that he speak with the FirP Marshal. Fire t!arshal, Don Br~unreiter, inspected the building and stated i n a letter addressed to Mr. Reish (Exhibit B) that he felt with the close proximity of the shake roof overhang on the southern exposure, there was a need for 1 hr. opening for the firs t six windows from the east, but that from a fire protection standpoint there was no substantial exposure problem by keeping the remaining south wall openings as is. He further stated that from a fire protection standpoint, the north wall has no exposure to be affected. The letter also stated his concern of safeguarding against possible future development that would produce an exposure condition on either the north or south side. Mr. Reish explained that in trying to maintain a high quality of construction, his expenses had been more than he had anticipated and that to change the glass to the fire-resistive assembly would cost approximately $3,500 which at this time would be a hardship on him. He further explained that due to the harsh winter, difficult problems had occured in construction and that the stucco on the building would have to be replaced, causing the project to fall behind schedule for several months as well as cause a financial hardship. Mr. Reish described several of the other buildings on Broadway which he had seen that did not have the fire-resistive glass windows, one which (11) • 4 I • • n - l I J c • • • • had been constructed within the last year • He stated that on the basis of the Fire Marshal's recommendation, he t~ould ask the Board to grant his appeal and that he be required to install the 1-hr fire resistive glass in the first two verticle rows of windows on the south side on his building where it is close to the shake shingle roof of the adjacent building . The Board members discussed the Building Code, buildine type and requirement s with the Chief Building Inspector. They also discussed the extensive remodeling of the building and its compliance with the Code requirements. They discussed the possibility of covenants or time restrictions on the appeal request and the applicability and enforceability of the possible restrictions. Mr. Brown motioned and Mr. Kreiling seconded that: In CASE 11-79, 4275 SO. BROADWAY, GEORGE REISH, TO GRANT AN APPEAL REQUEST TO DELETE THE REQUIREMENT FOR 3/4 HR. FIRE-RESISTIVE RATING FOR OPENINGS CLOSER THAN 20FT. TO THE PROPERTY LINE ON THE NORTH AND SOUTH SIDES OF THE EXISTING BUILDING EXCEPT FOR THE FIRST TWO VERTICLE ROWS OF WINDOWS ON THE SOUTH SIDE ADJACENT TO THE SHAKE SHINGLE ROOF ON THE ADJACENT STRUCTURE. THIS IS AN APPEAL OF THE ENGLEWOOD BUILDING DEPARTMENT DECISION IN ACCORDANCE WITH THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.2-5 -APPEALS WITH THE FOLLOWING CONDITIONS: 1. Annual Review by the Building Department for need to complete all windows with 3/4 hr. fire resistive assembly. 2. If Building Department feels need for windows because of construction on either North or South side-must make application to Board for another appeal or put all windows in. Finding of Fact and Vote on Motion: Kreiling-No-" In my opinion, there is renovation going here and the additional cost to conform with the code is something that he's already into . Oliver- Brown - Pratt- No-"I feel we're delegating too much authority and responsi- bility on the Building Department . I believe this is a case that's put before us and we ought to act on it positively one way or another." Yes-"! feel that we're doing the right thing at the present time. A year from now we may be wrong and may have to change it." No-" I feel that we need to be very definitive in our action if we are going to delay enforcement and I don't think we can just allow it to go on an annual review." Leonard-No-" I don't fee l it meets numbers 1,2, and 6 of the conditions we have to meet to give a variance. And I feel that in three years the cost may be 30% higher or more. And in case of a fire, I wouldn't want to be re s ponsible for approving something that could cause trouble in any way. I feel we have in writting now, that there is a danger and we should follow that. " Dawson-No- Chairman Dawson declared the Appeal Motion denied. -12- 0 I • - ( • ( • • • • Mr. Kreiling motioned that the owner be given 1 year to complete all windows because of the financial hardship. The motioned died for lack of a second. Mr. Oliver motioned that : IN CASE 11-79, 4275 SOUTH BROADWAY, GEORGE REISH, THE APPLICANT BE GRANTED AN APPEAL THAT THE WINDOWS, WITH THE EXCEPTION OF THE FIRST TWO (2) VERTICLE ROWS OF WINDOWS ON THE SOUTH SIDE, BE INSTALLED TO CODE WITHIN TWO (2) YEARS-WITH THE STIPULATION THAT SHOULD CONSTRUCTION TAKE PLACE ON EITHER THE NORTH OR SOUTH SIDE IN THE INTERIM, THE FULL FIRE-RESISTIVE ASSEMBLY, ACCORDING TO CODE BE INSTALLED. FINDINGS OF FACT AND VOTE AS FOLLOWS: Kreiling -"No. I think the man is working on the building now and he's got opportunity. Oliver -"Yes. I feel that we adequately protect the building under this motion according to the fire marshal's recommendations, we protect ourselves from the adjacent construction in the interim period and that the eventual result would be a building that conforms to code, respecting the applicant's hardship of funds at the present time." Brown -"Yes, for the reasons just stated, I agree with it." Pratt -"Yes. I concur with Mr . Oliver and I think that we have looked at and adequately protected the buildings that are in the proximity of 4275 So. Broadway. Leonard-"Yes. As the others have stated. I don't know what happens if he decides to sell the building and he's not here when the time comes, so I hesitated for that reason, but I voted Yes." Dawson-"I vote yes." Chairman Dawson declared the appeal granted. It was motioned and seconded that the minutes of the February 14, 1979 meet i ng stand approved as written with the correction of the spelling of Mr. Blochlinger's name on page 3. Upon a c a ll o f the roll, a unanimous v ote res ulted. There being no further business before the Board, Chairman Dawson declared the meeting adjourned at 11:50 P.M. Valerie Christy Re cording Secretary -13- • I • .. ( • PRESEJili' : ABSENT : OI'HERS PRESENT : • • • MINUTES BOARD OF CAREER SERVICE COMMISsiONERS 5 c March 15 , 1979 Judith Henning , Robert Brundage , Edward ~lhite, I.Jilliam Hanson Jo Ellen Turner Mel BeVirt , Hugh Brown * * * * * * * * CO!Tilliss ioner Henning called the meeting to order. With the Board 's approval , the Minutes of the February 15 , 1979 meeting were removed from the table with discussion as to revision of the format for the Minutes . Official approval of the Minutes by the Board will be made after the hearing on the 21st at which time the revised M:lnutes will be made available to the Board member~. 'Ihe Minutes will then be submitted to City Council . ******** Item 3 on the Agenda , l'inployee Associations ' Choice , was not discussed due to no reprEsentati on at the meet ing . * * * * * * * * Item 4 on the Agenda , City ~u.ager 's Choice , was not discussed due to no new business to r eport from the City :~r 's Office as represented by Hugh Brown . ******* Item 5 on the Agenda , Employee Relations Director 's Choice , was reported by Mel BeVirt . Subject of discussion were the M::nutes of the Board Meetings . t-1el BeVirt passed around to the Board Members a sarrple copy of the Minutes similar to those of the City Council . Mr . BeVirt stated revision of thE· Minutes could be rrade by SUI1ll1arizing prc-ceedings of the meeting , i.e ., actions taken by the Board , motions , approvals , etc . Discussion opened by Corrrrdssioner Henning as to the ramifications of including or excluding any pertinent dialogue at the rreeting into the :.tl.nutes . Mel BeVirt informed the Members of the Board that all taped recordings of the meetings were kept on file and available fer reference . No vote was taken , but there was a concensus that the M:'nutes should be revised as to format. * * * * * * * Item 6 on the Agenda, Commissioners ' Choice , was opened for discussion by Robert Brundage . The subject for discussion was update of court suits to be !l'klde available o Mt:rnbers of the Board . Horrer Richard 's case specifi- cally was discussed. Mel BeVirt reported that a request was rrade by the City Attorney 's office handling the case , for Motion to Dismiss . If the Motion was not upheld by the Court , it would go to trial May 8th. Mr . BeVirt stated that was the last he had heard regarding the Richard 's suit . Further discussion was taken up by the Members of the Board and it was agreed upon that t he members should be kept updated and informed as to the status of existing court suits . * * * * * * * • D I • • • • - BOARD OF CAREER SERVICE COMMISSI ONERS Minutes Page Two Item 7 on the Agenda , Declaration of Vacancies , was read to the Board Members by Corrmissioner Henning (see attached). A ~b tion to approve was moved by Edward White and seconded by William Hanson . AYES: NAYES: Brundage , Hanson , White, Henning None ******** Item 8 on the Agenda , Approval of Eligibility Lists , was read to the Board r-Embers by Comnissioner Henning (see attached). Conmissioner White moved and Conmi ssioner Hanson seconded to approve the eligibility list as presented . No further Discussion . AYES : Brundage , Hanson , vfuite , Henning NAYES : None * * * * * * * * Ne xt item of discussion brought to the attention of the Board members by Mel BeVirt was in regard to the testing of firefighters . A part of the examination that has been added to the process o f testing Probationary Fire- fighters is the provision of adding bonus points for Paramedic or EMT certifi- cati on . Mr . BeVirt substantiated this new procedure by indicating this pro- cedure would be a great saving to the City by already hiring Certified Paramedics. A Motion to add to the already approved examination process of the Fire Depart- rrent, the adding of bonu~: points for those applicants who are Cer t ified ENI"s or Paramed i cs , was made . Corrmissioner White moved and Conmissioner Hanson seconded the Motion . No further discussion was made . AYES: Brundage , Hanson , White , He nn ing NAYES : None * * * * * * * Item 9 on the Agenda , Acceptance of Personnel Payroll Actions, was brought up in discussion by Hugh Br<1wn . Mr . Brown stated he was pleased at the Board 's interest in the interviewing procedure and especially from Cannissioner Brundage 's attendance at one of the interview sessions. Commiss ioner White moved ancl Conmissioner Hanson seconded to accept the Personnel Actions . AYES: Brundage , Hanson, White , Henning NAYES: None * * * * * * * • • I • • - • • • BOARD OF CAREER SERVICE COMMISSIONERS Minutes Page 'Ihree • • • Corrrnissioner Henning called for a motion to adjourn the meeting. Corrrnissioner Brun:l.age moved and Cormdssioner White seconded . AYFS: Brundage, Hanson, White, Henning NAYFS: None Jud1th B. Henning, Chairperson Career Service :Eloaro • I • • • DECLARATION OF VACANCIES l. Firefighter (Fire ) 2. Wastewater Operator Trainee (Wastewater Treatment Plant) 3. Clerk (Housing) 4 . Equipment Operator (Wastewater Treatrrent Plant) 5. Wastewater Apprentice Operator (Wastewater Treatrrent Plant) 6. Receptionist/PBX Operator (Finance) 7 . Emergency Communicator (Police ) ELIGIBILITY LISTS: 1 . Maintenanceworker (Wastewater Treatment Plant) 2 . Lieutenant (Fire) 3. Cent r al Services Clerk (Finance) 4 . Lab Technician (Police) 5. Driver/Operator/Engineer (Fire) 6 . Equ i prrent Operator--Golf Course (Parks and Rec r eation) 7. Eq uipment Operator--Irrigation (Parks and Rec r eation) I . • • • '. NEltl PROBATIONARY EMPLOYEES: Gassidy, Michael John !<adolph, Michael D. Kubly, Miles Allen Martine:.:. Richard Spaeth. Peter A. Walker, Diane Ellen RESIGNATIONS: Kailey, Randy Lesley, Jon Muncaster, Peter Snyder, Cynthia Webster, Eden R. DI~MI~AL':i : Baudien, Kenneth Thomas , Vaughn Heimb1€;1er, George A. 1\tE.lhaney, Kenneth • • • PERSO NNEL AC'l'IONS :vlaintenanceworker, 2A Effective 3/12/79 Probationary Firefighter Effective 3112/79 Probationary Firefighter Effective 3/12/79 Maintenanceworker (Wl'P), 2A Effective 3/19/79 Central Services Clerk, 2A Ef!"ective 3/l/79 Police Lab Technician, 8A Effective 3/5/79 Police Officer-4th Class Effective 3/16/'{9 Police Officer--3rd Class Effective 317/79 Apprentice Operator (WwTP), 58 Effective 316/79 PBX Operator , lA Effective 3/2/79 Clerk-steno (Comn. Devel.), 2E Effective l/23/'l9 Custodian (Maint.), lA Effective 2/7/79 Maint/Op. Trainee, 2A Eff ective 3/1179 Lieutenant Effective 3/l/79 Firefighter lst Class Effective 2/l/79 • I • • PROBATIONARY 'IO PERMANENI' WI'lli INCREASE: Bueno, Isadore Magdalensk1, Joh:"l Miller, !)avid C. Young, Billy D. ANNIVERSARY INCREASE: Elder, Vernon c. Kapaun, Richard J. McCurdy, Jwoos A. Pershin, Joseph ·Shultz, Jef!'rey K. Davis, Bruce H. Dean, Ronald L. Garcilaso, John G. Lucius, David R. Rios, Emanuel A. • • • • Engineer Inspector Sup., 7C Effective 2/16/79 EquiJ;mmt Operator I , 4B Effective 3/7/79 · Police Officer 2nd Class Effective 3/l/79 Firef~,hter, 3rd Class Effective 2/l/79 Emer. Communicator, 4D Effective 3/l/79 Maintenanceman, 2E Effective 3/16/79 Firefighter lst Class Effective 4/19/79 ll'lainten<mceworker , 2E Effective 3/1/"(9 Plant Operator (WWTP), 6E Effective 3/1179 Insp. Trouble shooter(Utilities), 2D Effective 3/1179 Lab Technician, 8A Effective 3/16/79 Lieutenant Effective 3/l/79 Lieutenant Effective 2/14/79 Lieutenant Effective 2/14/79 Equi~nt Operator I, 4A Effective 3/12/79 • I • • • • • - TEl~PORARY APPOIN'IMEm' 'ID AC'l'ING STA'IUS: Pokraka, Catherine M. Goosman, Betty Rhoades, Alfred L. n t,;(;f.l\fl/\'I'JON ()lo' \'1\C/\tJ C JC~;: l. li'i.refighter (F-lre) Act.ing Secretary , 3A Effec tive 2/5/79 Acting Buyer, 6D lli'fective 1/l/'/':J Acting Purchasing Agent, 9A Effective l/l/79 2. Wastewater Operator Trainee (Wastewater Treatment Plant) 3 . Clerk ( Corrm un i ty Deve lorxrcnt) 4. Equipoont Operator (Wast e water Treatment Plant) 5. Wastewater Apprentice Operator (Wastewater Treatment Plant) 6. Receptionist/PBX Operator (Finance) 7 . Eme~"gellcy Ccmwnicator (Pollee ) AF·PROV/\L Ol•' P.LTGIBILTTY LISTS: l. Maintenanceworker (Wastewater Treatment Plant) 2 . Lieutenant (Fire) 3. Central Servic es Clerk (P1nancc) 4. Lab 'l'echnician (Police) 5. Drivel'-Opera tor-Engineer (Fire) G. Equipment operator-Golf Cours e (Parks and Recreation) 'f. I::quipment Operator-Irril9;lt1on (Parks and Re creation ) • I . • • • CITY OF ENGLEWOOD PLANNING AND ZO lNG COMMI SSION April 3, 1979 I. CALL TO ORDER. The r eg ul ar meeting o f the City Planning and Zoning Commission was called to order at 7:00 P .M. by Chairman Tanguma. Members present : Carson, Draper, Lathrop, Smith, Tanguma, Williams, Bilo Wanush, Ex-n fficio Members absent : Pierson, Be cker Also present : Associate Planner Alice Fessenden II . APPROVAL OF MINUTES . Chairman Tanguma stated that t~e Minutes of March 20, 1979, were to b e considered for approv~l . He asked if there we re any chang e s or corr ections to be mad e? Director o f Communit y Deve lopment Wanush stated that on Page 25, #6 should be amended t o r ea d : "Private lanes serving townhouse garages shal l be no l ess than 22 feet wide WHEREVER ( GARAGE ENTRANCE FACE S GARAGE ENTRANCE to provide adequate maneuverabilit y . • Carson moved : Lathrop seconded: Th e Minut es o f March 20, 1979, be approved as c orrected on Pag e 25, #6. AYES : Bilo, Carso n, Draper, Lathrop, Tanguma NAYS: None ABSTAIN: Smi th, Williams ABSENT: Pi e rso n, Becker The motion carried . I I I . PLANNED DEVELOPMENT Timber Lea Findings of Fact CASE #6-79 Mr. Tanguma asked if there was any discussion on the Findings o f Fact on the Timber Lea Planned Development, which was con- sidered at public hearing on March 20, 1979? Draper mov ed: Carson seconded : The Planning Commission approve the Findings of Fact f o r the Timber Lea Planned Development, Case #6-79, and refer these Findings of Fact to Cit y Council . • I • • • • - -2- AYES: Bilo, Carson, Draper, Lathrop, Tanguma NAYS: None ABSTAIN: Smith, Williams ABSENT: Becker, Pierson The motion carried. IV. COUNTRY CLUB JOINT VENTURE Resolution on Amendment to Subdivision Waiver CASE #21-78 Mr . Wanush stated that at the meeting of March 20, 1979, the Planning Commission cons ider e d a request for an amendment to the Subdivision Waiver grante d the Larwin Multi-Housing Corpora- tion in 1972 . This r e quest for an amen dment was f iled by Country Club Join t Ve nture , :• nd was approved by the Planning Commission with specific conditions attached to the approval. The Resolution before the Commission this evening contains more precise legal language, and spells out the Ordinances un- der which the Pl anning Commission took its action . Reference is made to an Exhibit A, which is the l eg al description of the site owned by Country Club Joint Venture. Exhibit B is also referred to, which are the conditions attached to the approval of the request for amendment o f the Subdivision Waiver . In addition to the c onditions, seve ral maps, elevations, etc. will be filed as part o f the record. Mr. Wanush point ed out that there are some changes in language which he would like to suggest in the conditions approved on March 20th, and a lso he suggested three additional condition~ In Condition #1, Mr. Wanush stated that reference to Exhibit "A" should be changed to "Exhibit B-1". In Condition #2, he stated that the figures should b e changed to "Twenty-six (26 ) o f the thirty (30)" three-bedroom town- house units. Condition #15 is sug g ested to read that "No campers, trailers, boats or oth er similar personal property shall be permitted TO BE PARKED OR TO BE STORED •.••. " Mr. Wanush read Condition #16, which is a new condition: "It is understoo d that all streets, roadways, lanes and ways shall remain private. It is the clear intention of the Planning and Zoning Commission that these streets, roadways, lanes and ways shall never be dedicated to the City ." Mr . Wanush stated that there is some concern that the streets should be constructed to City standards, and should be dedicated to the City now. This is not a requirement, and the City would not accept the str ee ts in the deve lopme nt that are presently constructed. Mr. Tanguma ask e d i f there could be a statement inserted to require that the stree ts be kept in g ood repair? • I • ( • • • • -3- Mr . Carson questioned whether the streets would be dedicated t o the City where they have water and sewer lines in them? Mr . Wanush stated that the water and sewer lines would be dedicated to the City, but not the street itself , Mr. Williams asked i f these conditions are in lie u o f a Plann ed Development? Mr . Wanush stat e d that the entire pro- cedure is in lieu o f a Planned Development . Mr. Wa nush ci t e d Condition #17, a n e w condition, which reads : "As specified in th e a pp li cant 's a pplicati on, mor e specifically the section entitl e d "Proposed Development" no townhouse unit shall exceed 30 feet in h eight as measu r e d from ex isting g rade , It is f urth er unde rstood that the h e i ghts o f all buildings shall be me asur e d f rom ex isting grade ." He suggest e d that thi s be changed to read: " •...• the section e n ti tle d "Propo sed Dev e lopment, WHICH IS IDENTIFIED AS EXHIBIT B-l(f), no townhouse •..•. " Condition #18 , a n e wl y propo s e d cond i tio n, was cited, and r eads: "Befor e the cons tr uc tion of P a r c el A, th e developer shall pre- pare and have approv e d by th e Parks and Recreation Director plans f or a childre n's play ar e a in said Parcel A indicating loc at ion a nd type o f apparatus ." Mr. Smith que stione d the purpose o f appro val by the Parks and Recreation Department ? Mr. Wanush stated that approval by the Parks and Recre ation Dir e ct or would be in li e u o f bringing th e plan back b efo r e th e Planning Commission. Discussion e nsued. Mr. Smith point ed out that this does not say that the recreation area f or children will b e "built", onl y that it shall be approved. It was suggested that a state ment be added to this condition that "No Building Pe rmits shal l b e issu e d in Parcel A without a pr ev iously approved construction sche dul e f or the childrens play area in sa id parcel." Mr. Wanush stat e d that he would also suggest that Condition #13 be made the la s t condition, or Condition #18, an d that those conditions be r e number e d acco rding ly. Mr . Wanush stat e d that h e fe lt there would be f urther considera- tio n o f this proj e ct, and ci te d the matter of the tennis cour ts proposed in near proximity to Romans Park , He point ed out that Parks and Recr e ation Dire ctor Romans wants these tennis courts t o be dedicated to the City, but the developer has stated they are part o f th e privat e development a nd he will not d edicate them to the Cit y . Mr. Wan u sh stated that he would like to discuss this f ur t h e r w it h th e developer and the architect and possibly arrange t h e te nnis courts at a different location in the sit e . He stated t h a t h e fe lt ther e could be a potential probl em with the p u b lic using Romans Park wanting to us e the private t e nni s cour ts as well . • I • ( • • • -4- Mr. Bilo asked if there would be recreational areas for children in any of the other phases, or only in Parcel A? Mr. Wanush stated that the majority of the three-bedroom units are in Parcel A, which is on the western portion of the site, and the only other three-bedroom units are in the eastern phase. Mr. Bilo suggested that perhaps the two-bedroom area should have play areas for children, also , Mr. Smith pointed out that with the regrouping of structures, there will be con- siderably more green area, and that he felt that this will be a de qua te. Mr . Tanguma asked if there were further discussion on the Resolution? Mr. Lathrop ask ed what responsibility th e City would be assuming if some ch ild was hurt on the apparatus in the play area after it has been ap proved by the Parks and Recreation Department? Mr. Wanush state d that he didn't feel ther e would be a liability , but that the City can always be sued . Mr. Smith stated that the way he read this Condition, the Parks and Recreation Director would approve the location of the play site, not approve the apparatus; he did not think there would be any liability. Mr . Williams asked i f there was assurance that the construction would begin on the eastern end o f the site first? Mr. Wanush stated that in the developer's plans, it is stated that the initial construction will be on the eastern portion of the site. Mr. Edsall 3295 South Franklin -stated that he had a couple o f comments he wanted to make . He stated that he felt there should be a construction schedule setting forth the time of construction on all the tennis courts and recreation facilities. Mr. Wanush pointed out that if a tennis court is indicated in a particular phase, it would be constructed in conjunction with that phase. Mr. Edsall stated that this is an "assumption", but it is not written down. He emphasized that he felt every- thing must be written down as it pertains to the developme nt by Country Club Joint Venture, and cited the problems they experienced with the Larwin Corporation . He pointed out that recreation facilities were to have been a part of the Larwin project also; but they were never built . Mr . Smith pointed out that the Larwin Corporation never got that far in their development ; the recreational facilities were to be located in the center of the proposed development, which was never built. • I • - '( • • • • • -5- Mr. Edsall reiterated that he wanted everything written down . He stated that something like the children's play area was too important to be left to "bureaucra ts •· in the Cit y; he strongly protested that the Director o f Parks and Recreation would approve the location of the play area. He stated that he felt this should be a responsibility of the Planning Commission to approve something like this . He stated that he did not feel such de- cisions should be left to City people and employees --or "you will regret it." Mr. Edsall stated that "we" are building the water line down the middl e of the site, and the dev eloper will tap on to it . Mr. Smith took issue with this statement ; he pointed out that the water line would have been put in re- gardless of the Country Club Joint Venture development; the tap fees they will pay will g o to f inance the construction o f the line. Mr. Edsall stated that his water bill increased dramatically in th e last year, and that "this is the reason why". Mr. Smi th stated that the increase in water rates has "nothing to do with development on this site." The increase in water rates was to finance a genera l over-all maintenance and improvement program . Mr. Williams noted that on the sewer line, revenue bonds will be floated, and the tap fees would pay off the bonds . Mr. Edsall stated that soo n er or later the residents o f the developme nt will ask the City to take over the streets ; he feels they should be dedicated and constructed to City standards in the first place. He stated that he felt this should be "done right in the first place ", and the streets should be dedicated public streets. Mr. Edsall stated that there was a request from the Larwin development to convert the existing units to condominiums; he was glad that City Council agreed to postpone the determination for a time. Mr. Smith stated that there was nothing before City Council on the conversion of those units to condominiums . There was discussion on an entirely different proposed develop- ment which is for 11 single-family detached homes . Mr. Smith emphasized that this request had absolutely nothing to do with conversion of units to condominiums. Mr. Joe Smolski 3276 South High Street -asked if the units constructed by the Larwin Corporat ion would be included in the usage o f t he recreational fac ilities proposed by Country Club Joint Ven tu r ? Mr. Tanguma stat ed that he did not b e lieve that they would be. Mr. Smolski stated that when the plans for the Larwin site were approved the r ecrea tional facilities were intended f or the en- tire site, "but now you are slicing those portions off and saying they can't use the recr e ational facilities ." He felt that the conditions that were imposed on the Larwin Corporation should be imposed on Country Club Joint Venture • • I • • ( • • • .. -6- Mr. Wanush point e d out t h at Larwin Corporation has sold Kimberly Woods and Kimberl y Villa ge to s e parat e owners, and has sold the undeveloped prope rty to Mr. Reg an o f Country Club Joint Ve nture . Th e r e ar e now thr ee s e p a rate ownerships on th e site ; he state d that there wa s no wa y to pr e v e nt t h e sale o f the property, and that this has l e d t o the situation wh e r e these two phases ar e without recrea t ion f acilities. Mr . Smolski ur ged th a t th e c ondi t ions imposed on the Larwin Corporation b e impos e d on th e Country Club Joint Ve ntur e d e - v e lopment to f o rce th e m to provide r e creational faciliti e s for Kimberly Wood s a nd Kimbe rly Villa g e . Mr. Smolski stat e d that if develo p me n t b y Country Club Joint Ve ntur e be g ins on the e astern limi t of t h e site , and i f f or some r ea son h e should not compl e t e th e r e s t of this site, this would be a nother phase with no r e crea tio na l f acilitie s. Mr. Wanush point e d out that none o f the t e nnis courts are situat e d in the first phase of construction as proposed by Mr. Regan; howeve r, h e is required to construct two o f these tennis courts in conjunction with the construction in the first phas e . In addition, the multi-story structure propos e d for this phase will have th e first floor d e voted to a swimming pool, s a una, and other r ec reational uses . Mr. Smolski sta ted t h at th e r e is nothing in th e proposed con- ditions on f lood c ont ro l on this sit e . Mr. Wanu s h stated that th e engin ee ring d es ign on th e drainage syste m has been approved, and th a t th e se conditions have not been changed. Mr. Smolski state d that th e flood control measure s for the Larwin Corporation d e v e lopme nts are inadequate ; inasmuch as the portion of th e sit e is undeveloped, he felt that changes can be made in th e require ments f or drainage control. He stated that he did not f ee l the City is fulfillin g their obliga- tions to the p e opl e o f th e area. Mr. Smith point e d out that the City has spent $8,000,000 in the last five and one-half years on the flood control system ; this site is not within th e 100-ye ar flood plain, The flood control system is d e sig ned to handle the two-year storm, with th e over-flow up to a 100-year storm to be handl e d in the Romans P ar k ar e a. Mr. Smolsk i p ointe d out that the additional develop- me nt on the si te wi l l incr e as e th e runof f and flooding potential o f t h is ar ea; th e prese n t c on t rols ar e inadequat e , and th e re is no t hing r e quire d to c ontrol the f loodin g on this project. Mr. Smolski r efe r red to a stud y d one b y f orme r Pl a nning Commissioner/ City Councilman Don Ful l e r t on on t he f looding pot e ntial of this sit e i f it were deve lo pe d t o i ts maximum ; he state d that his study was no t ta k en in t o accoun t by th e City at the time the La r win plans we r e appro v e d. He cite d on e of th e conditions im- pos e d on th e Larwin Corporat ion, and questione d why i t could not a lso b e im p o s e d o n the Co u nt r y Club J oint Ve ntur e? Mr. Smith pointed out t o Mr . Smolski th a t the third phase of th e Northe ast Eng l e wood Drai n age Ba sin is still unde r con- s truction. Mr . S mith discu sse d th e storm draina g e system throu g hout the City ; he n o te d t hat th e third phas e of the • I • f • • • • -7- Northeast Engl e wood Bas in should b e f inished in S e ptember . Discussion ensu e d. Mr . Smolski stat e d that h e f elt this was a "lot o f double-t alk ", and is mis-leading to th e people of the area. Fur t h e r di s cussion ensued. Mr. Smith again pointed out that the storm sys tem itself is desi g ned f or a two-year storm, and that Rom a ns Park is designed to hold the ove r-flow up to a 100-year storm . Mr. Smith stat e d that it is his opinion that "the r e side nts o f that area would fight anything that would go up , no matter how g ood it was ." He stated that if someone want e d to buil d t h e La rwin plan out as it was presente d, he f e lt it would be a n ab solute disast e r; now, ther e is an amended plan, the propos e d d eve loper of which has worked on this for two years trying t o get g ood plans for this site. Mr. Smolski sta te d that th e residents of the area want a guarantee that th e d eve lopme n t will be completed. Mr. Smith stated that this c anno t be g uaranteed ; he point e d out th e many variables such as market ing, etc., that must be taken into con- sideration. Mr. Smolski suggested that a completion bond should be required such as t h e y do on State and Federal proj e cts. Mr . Smith stated that a completion bond such as Mr. Smolski referr e d to cannot be re q uir e d u n l e ss fe deral or state monies are used on the project ; this is privat e enterprise. He stated that Mr. Regan is posting a bond on the construction o f the sewer line . Mr. Smolski state d that th e deve lopment of this site was to be for the "bette rm e nt" o f the City ; he pointed out the fact that there are narrow streets that fire trucks cannot maneuver, and while the proposed plan shows some improvement, there is no guarantee the project will ever be constructed or completed. He stated that he is concerned about drainage ; with additional blacktopping on th e site , thos e residential areas to the north will be inundated. He stated that if his house is ever flooded , he will file suit against the City , Discussion ensued. Mr. Smith stated that he felt Mr. Smolski must understand that the Romans Park was designed to hold the over-flow up to a 100-year storm, as defined by Urban Drainag e and Flood Control District and the Federal Flood Insurance Administration . Mr. Smith again discussed th e storm drainage system in Englewood, and what it is intende d to achieve. He reit e rated that once this construction is compl eted on the storm drainag e basin, h e felt the residents o f the ar e a will notice an improveme nt in the situation . Clifford Harve y 3345 South Lafa ye t te -stat e d that h e is concerned about the f utur e o f South La f ayette Street. He noted that one o f th e conditions imposed on the Country Club Joint Ve nture i s th e d e dication of five feet on the east side of Lafayette f rom Hampd e n to Girard , He asked where additional right-of-way would come f rom i f it was determined that the street should b e wi d ene d f rom Girard to Floyd? Mr . Harvey stated that the orig inal Larwin plans indicated three entrances ; two from U .S. 285, an d one on South Lafayette Street at Girard . Now, the plans from Country Club Joint Venture indicate an additional entranc e on South La f ayett e Stre et • • I • • ( • • • • • -8- Mr. Wanush pointed out that one of the conditions imposed on the Larwin Corporation was the provision of a five foot dedication from East Hampden Avenue to East Floyd Avenue at such time as it was required by the Director of Public Works ; however, this dedication was not to be required sooner than two (2) years nor later than five (5) years from the date of approval. Mr. Wanush pointed out that the five year time element has elapsed and cannot now be required to be dedicated by Larwin ; if the additional right-of-way were to be needed it would require pur-chasing by the City. Mr. Harvey stated that his concern is whether, from Girard to Floyd, the five feet might be taken from the east side or west side . He pointed out that the Larwin Corporation had brought in quite a bit of fill prior to construction, and if the right- of-way is taken from the east side he questioned that the structures would be safe without construction of a retaining wall or some other similar me asure . Mr. Harvey stated that if it is the thought of the Commission that future widening of Lafayette Street from Girard to Floyd should come from the east side of the street, he felt this should be reflected in the record, Mr. Harvey also discussed the matter of parking along South Lafayette Street, noting that on weekends, it is impossible to park in front of his house . Mr. Lathrop empathized with Mr. Harvey regarding the parking problem in front of his house, citing the problems he has experienced with Medical Center employees and car-poolers who use South Clarkson Street. Mr. Lathrop stated that in regard to the flooding and storm sewer system, he recalled that with- in the past two years, the City adopted a new mapping on all flood plains within the City, Mr. Lathrop discussed the fact that no guarantee can be given that the entire Country Club Joint Venture project will be built; he stated that he does believe Mr. Regan is sincere and intends to build the project, but pointed out that there is the matter of financing and marketing that must be considered . Discussion ensued . Don Smith suggested on Condition #5, that a statement be added that "Any further widening on South Lafayette Street from Girard Avenue north to Floyd Avenue shall utilize additional required right-of-way on the east side of the street." Mr. Edsall again referred to the matter of storm drainage, and cited the following condition imposed on the Larwin Corpora- tion in 1972: "Approval of on-site grading and storm drainage plans by the Director of Public Works so as to limit peak dis- charge at the 100-year storm to 60 cfs and storage of the balance of the runoff on either the applicant's property, or that dedi- cated to the City by the applicant for public park purposes." Mr. Smith and Mr. Wanush pointed out that the condition cited by Mr . Edsall states "on EI'IlfER THE APPLICANT'S PROPERTY, OR THAT DEDICATED TO THE CITY by the applicant for PUBLIC PARK PURPOSES. Discussion e nsued. • ) I • • - { • • • • -9- Drape r mov e d : Lathrop seconded: The Pl anning Co mmi ssion adopt Resolution #3, S e ries o f 1 979, as a me nd ed , with the f ollowing condi tions to be mad e a part o f that Reso lu tion : 1. De velopment of the subject parcel sha ll comply with the Ge neral De v elopm ent Plan, which sha ll include th e site plan, the landsca pe plan, the parking plan, the elevations o f structur es and the written development p r oposa l identified as Propo sed Development, which is set forth in the attached Exhibit B-1 . Th e Sit Plan sha ll be submitted in a sca l e of no t less than 1" = 50'. 2 . The development, which ma y proceed in stages , sha l l contain no mo re tha n 1,116 units . Twenty-six (26) of the thirty (30) three-bedroom town house uni ts which are desi g n e d to accommo- dat e famili s shal l be loc ate d in th e Englewood School Dis- trict. Thi s is the area west of South Franklin Str eet , ex -t e nd ed . 3 . Th e d evelopment sha ll provide not l es s than 45% o f th e sit e to be set aside fo r open space and recr e ation pur- poses . Five lig ht ed tennis c ourts shall b e containe d in the d e v elopm nt with two built in the f irst phase o f con-structio n . 4. Fire lan es, e m r ge ncy access, a n d man euvering areas f or fire equipm ent sha ll be appro v ed by th e Fire Chief . Accessi- bility for fire eq uipment sha ll be mai n tai n e d at a distance n o g rea ter than ten (10 ) feet on a minimum o f two (2 ) sides of each mul ti-story building . Th e ap p li ca n t shall designat e fire lan es and emerge ncy access by appr oved sig ns prior to th e issu ance of Occupancy P ermit s for ea ch phase or stage. No parking shall be permitted in designated f ire lan e s, and the police shal l be g ran ted the ri g ht to e n f orce the parkin g r estriction . 5. Th e applicant sha ll dedicate th e west five (5) feet of the land adjoining South La fayette Street to provide a turni n g lan e into and from the pro ject site . Al l c o sts of con- structing the turning lane to City specifications sh all be at the developer's expe n se . The lane shall be c onstructed prior to th e issuance of Occupancy Permits in that area id e ntified as Parcel A. Any further wide ning o f Sou th Lafayette Stree t from Girard Avenue n orth to Fl o yd Avenue shall utilize additiona l required right-of-way o n the east sid e of th e s tr eet . 6. Private Ian s s rving townhouse garages shall be no less than 22 feet wide wher ver garage e ntranc e faces garage entrance to provide adequate man e uverability • • I • ( • • • • -10- 7 . An agreement shall be exercised between Country Club Joint Venture and the City o f Englewood for the installation of a supplemental sewer line from the development to the Bi- Ci ty Waste Water Treatment Plant. 8. The development of the subject parcel shall comply with the provisions o f all applicable Fire and Building Codes. 9. At such time as all plans pertaining to building construction are approved, Building Permits may be issued for the develop- ment of the subject site following approval of: a . The on-site grading and storm drainage by the Director of Public Works. b . The plans for the location and specifications of on- site water lines, hydrants and sewer lines by the Fire Chief and Director of Utilities. c . The curb cuts by the Director of Public Works. d. T l ,, parking and traffi• circu lation plan for the parking areas for the ,,igh rise building by the Director o f Planning. 10. Easements shall be provided for all water and sewer lines and f or access for fire and police emergency vehicles. All water and sewe r lines shall be in public ownership. 11. Plans for security procedures to be utilized during con- struction shall be approved by the City prior to any con- struction . Access for construction vehicles shall be limited to the south (U. S. 285) side. 12. Minor changes in the location, setting, height or char&cter o f buildings and structures may be authorized by the Director of Community Developmen t if required by engineering or other circumstances not foreseen at the time the development pro- gram was approved . No change authorized by the Director of Community Development may increase the size of any building or structure by more than five (5) percent, nor change the location of any building or structure by more than ten (10) feet in any direction . The Director of Com- munity Development may not approve the relocation of any building or structure so that the building or structure is closer to any side or front property line than was approved on the general development plan. All other changes in t he general development plan including changes in the site plan and in the development schedule, must be made under the procedures that are applicable to the initial approval of the Subdivision Waiver • • I • ( ( • • • • -11- 13 . No building permits shall be issued for later phases of construction until the first phase is developed, or until a bond is posted to guarantee completion of the first phase. 14 . Landscaping along the east boundary of subject site shall be installed and maintained as per the landscaping plan , No campers, trailers, boats or other similar personal property shall be permitted to be parked or to be stored in the parking area on the eastern boundary of the develop- ment. Further, that all trash containers and pick-up points serving the eastern portion of the proposed development shall be located to the west of the eastern-most buildings in the development. 15. It is understood that all streets, roadways, lanes and ways shall remain private , It is the clear intention of the Planning and Zoning Co mmission that these streets, roadways, lanes and ways shall never be dedicated to the City . 16 . As specified in the appli <:ant 's application, more specifically the section entitled "Proposed Development", which is iden- tified as Exhibit B-l(f), no townhouse unit shall exceed 30 feet in height as measured from existing grade. It is further understood that the heights of all buildings shall be measured from existing grade. 17 . Before the construction of Parcel A, the developer shall prepare and have approved by the Parks and Recreation Director plans for a children's play area in said Parcel A indicating location and type of apparatus, No Building Permits shall be issued in Parcel A without a previously approved construction schedule for the children's play area in said parcel . 18. The Country Club Joint Venture agrees to be responsible for and to protect, save harmless and indemnify the City of Englewood, Colorado, adjacent or other property owners and residents from and against all loss, damage, cost and expense of every kind and description caused directly or indirectly by Country Club Joint Venture in connection with and during the entire period of development of said tract o f land . AYES : Bilo, Carson, Draper, Lathrop, Smith, Tanguma NAYS: None ABSTAIN: Williams ABSENT: Becker, Pierson The motion carried . I • - ( ( • • • • -12- Mr. Wanush stated that he would suggest that Country Club Joint Venture be placed on the agenda f or the first meeting of every month to enable the staff to report progress on this development to th e Planning Commission , Mr. Tanguma stated that he felt this would be a good idea, and ordered this to be done, V. DIRECTOR'S CHOICE, Mr. Wanush stated that the City Council heard an appeal from Mr . and Mrs . William Davis on the vacation of South Acoma Street north of West Jefferson Avenue, and approved the requested vacation . This action was taken at the meeting of April 2, 1979 , The Timber Lea Planned Development was postponed by City Council for consideration on April 16th, Mr. Wanush stated that the City has applied for $226,000 in Community Development Block Grant funds from HUD, for use in the Rehab Loan Program. The City has been invited to submit a full application, and to do so the City must hold adrlitional public h ea rings to review the )Xisting program and to discuss the new application , The Public Hearing before the Planning Commission has been set for April 24th ; this will be advertised in the official newspaper, and participants in the Rehab Program will be invited to attend, VI. COMMISSION'S CHOICE, Mr. Tanguma asked when the next regular meeting was scheduled? The Commission was reminded that the next regular meeting is set for April 17th, at which time a Public Hearing on the Comprehensive Plan is scheduled, The meeting adjourned at 8:40 P.M. Gi~M.lt/ -.?fur- Recording Secretary I • • - ( • • ( • • • • -13- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: April 3, 1979 SUBJECT: Timber Lea Planned Development Findings of Fact RECOMMENDATION: Draper moved : Carson seconded: The Planninr Commission approve the Findings of Fact for the Timber Lea Planned Develop- ment, Case #6-79, and refer these Findings of Fact to l'ity Council. AYES: Bilo, Carson, Draper, Lathrop, Tanguma NAYS: None ABSTAIN: Smith, Williams ABSENT: Becker, Pierson The motion carried. By Order of the City Planning and Zoning Commission. ~~;!~ Recording Secretary • I • • ( • • • - -14- CITY PLANNING AND ZON ING COMMISSION ENGLEWOOD, COLORADO IN THE MATTER OF CASE NO . 6-79 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO THE APPLICATION OF THE ) PLANNED DEVELOPMENT DISTRICT ) REGULATIONS TO A CERTAIN PAR-) CEL OF LAND IN THE CITY PUR-) SUANT TO §22.4A-l OF THE COM-) PREHENSIVE ZONING ORDINANCE ) OF THE CITY OF ENGLEWOOD, ) COLORADO ) A Public Hearing wa ~ held in connection with Case No . 6-79, on March 20, 1979, in the City Council Chamb e rs at the Engl ew ood City Hall. Tho .e members of the City Pl~nning and Zoni11 ~ Commission who wer · · rr esent during the Hearing were: Mrs. Becker, Mr. Bilo, Mr . Carson, Mr . Draper, Mr. Lathrop, Mrs . Pierson and Mr . Tanguma . Mr. Smith and Mr. Williams were absent. FINDINGS OF FACT ---- Upon r e view of the evi.dence taken in the form of testimony, presentations, reports and filed documents, the Commission makes the following Findings of Fact. 1 . That proper notice of the meeting to consider the Planned Development was given by legal notice in the of- ficial City newspaper and by posting the subject property. 2. That the ar e a which was being considered is described as: Commencing at a point on the South line of East Cornell Avenue, 213 feet east of the east line of South Clarkson Street, thence East 98 feet, thence South 134 feet, thence East 121 feet, thence South 66 feet, thence East 47 fe et, thence South 125 feet, thence West 168 feet, thence South 50 feet , thence West 168 feet, thence North 250 feet, thence East 70 feet, thence North 125 feet to point of beginning, except the West 8 feet thereof. Section 35, Township 4 South, Range 68 West. 3. That the Planned Development application was filed by Gilbert E. Vocate, Vocate Associates, Inc., on be- half o f Alsum Brothers, Inc,, and D. J. Weakland, President, Don Weakland Greenhouses, Inc • I • • ( • • • • -15- 4. That Alsum Brothers, Inc , is owner in contract o f the subject property and Don Weakland Gr eenhouses, Inc. is th e seller. 5. That the subject property was annexed to the City by Ordinance No . 2, Series of 1946, and has been zoned for single-family residential use since that time; the present R-1-C, Single-family Zone classification being imposed in 1963. 6. That the property which is the subject of this application has been the location of a greenhouse since 1927, which use has been Non-conforming in the R-1-C, Single-family Zone classification. 7. That the subject property is an unplatted, in- terior parcel with the rear yards of single-family properties on its perimeter to the north, east, south and west and with limited access to East Cornell Avenue on the north and East Dartmouth Place on the south . 8. That the subject parcel is virtually landlo~;ed and in order for it to be deve l oped with single-family houue~ it will be necessary to create a s ite-oriented environment. 9. That the purpose of the Planned Development Dis- trict is to permit and encourage diversification in the loca- tion of structures and the appropriate relationship of the structures to the site without inhibiting the potential ad- vantages of new and imaginative techniques and concepts of design. 10. That the proposed Planned Development, to be identified as Timber Lea, has taken into account the uniqueness of the site and will bring the use of the ground into conformance with the Comprehensive Zoning Ordinance. 11 . That the applicant has filed the required data, plans and maps and has agreed to comply with the following conditions in addition to compliance with all applicable codes and ordinances: (1) The private roadway is to be constructed to Englewood's street construction stan- dards and shall be maintained by the prop- erty owners having access thereto. There shall be an emergency gate on the south end of the private roadway serving the Timber Lea Planned Development to preclude traffic from this development entering from or exiting to East Dartmouth Place. (2) A drainage study comparing the present volume of runoff and the volume after the development is complete must be approved by the Director of Engineering Services prior to the issuance of Building Permits • • I • • ( ( -1 6 - • • • (3) The location and size o f water and sewer lines and easements must be approved by the Director o f Utilities prior to the issuance of Building Permits . (4) The private street must be designated as a fire lane and standard parking prohibition signs installed. (5) There shall be compliance with all appl i cable Englewood Codes and Ordinances. 12. That a Waiver to the requirement of platting the subject property has been granted subject to the final approval of the Planned Development. CONCLUSIONS 1 . That proper Notice was given o f the Public Hearing which was held on March 20, 1979. 2. That the application was filed by Gilbert E. Vocate, Vocate Associates, Inc . on behalf of Alsum Brothers, Inc. and Don Weakland Greenhouses, Inc., and that these parties in interest agree to abide by the following conditions of approval: (1) The private roadway is to be constructed to Englewood's street construction stan- dards and shall be maintained by the prop- erty owners having access thereto. There shall be an emergency gate on the south end of the private roadway serving the Timber Lea Planned Development to preclude traffic fr om this development entering from or exiting to East Dartmouth Place. (2) A drainage study comparing the present volume of runoff and the volume after the development is complete must be approved by the Director of Engineering Services prior to the issuance of Building Permits. (3) The location and size of water and sewer lines and easements must be approved by the Director of Utilities prior to the issuance of Building Permits. (4) The private street must be designated as a fire lane and standard parking prohibition signs installed. (5) There shall be compliance with all applicable Englewood Codes and Ordinances. • • I • • ( • • • • -17- 3. That the Planned Development is consistent with the intent and purpose o f the Comprehensive Plan of the City o f Englewood, Colorado, and the policies therein. 4 . That the Timber Lea Planned Development will b e compatible with the adjacent area and will hav e no advers e effect on the adjace nt prope rties in relation to storm runoff, o ff -street parking, traffic circulation, building height, bulk o r structure location. 5. That the Development Plan has been designed to crea t e a site-oriented environment for residents of the d e v e lop-me n t . 6 . Tha t the application f or approval o f the Planned Development is to be applied to the following described property : Commencing at a point on the South line of East Cornell Avenue, 213 feet east of the east line of South Clarkson Street, thence East 98 feet, thence South 134 feet, thence East 121 feet, thence South 66 feet, thence East 47 feet, thence South 125 feet, thence West 168 feet, thence South 50 feet, thence West 168 feet, thence North 250 feet, thence East 70 feet, thence North 125 feet to point of beginning , except the West 8 feet thereof , Section 35, Township 4 South, Range 68 West. 7 . That the Planned Development will permit the existing Non-con f orming Use to be replaced by eleven (11) single-family house s, the P ermitted Principal Use in the R-1-C, Single-family Residence District, and will be in compliance with and will implement the purposes and requirements of the Comprehensive Zoning Ordinance. 8, That the authority to consider the subject Planned Development and to make recommendation thereon to the City Council, is granted to the City Planning and Zoning Com- mission in §22 .4A o f the Comprehensive Zoning Ordinance of the City o f Englewood, Colorado. RECOMMENDATION Therefo re , it is the recommendation o f the City Planning and Zoning Commission to the Englewood City Counc j.l, that the application filed by Gilbert E. Vocate, Case No. ~-79, be approved subject to the conditions set forth above, per-· mitting the construction o f elev en (11) single-family dwelling units in con f ormance with the attached Development Plan on the f ollowing d escribed property: Commencing at a po i n t on the South line of East Cornell Avenue, 213 feet east of the east line of South Clarkson S treet, thence East 98 feet, thence South 134 feet, thence East 121 feet, thence South 66 feet, thence East 47 feet , thence South 125 feet, thence West 168 feet , thence South 50 feet, thence West 168 feet, thence North 250 feet , thence East 70 feet, thence North 125 feet to point of beginning, except the West 8 fe et thereof . Section 35, Township 4 South, Range 68 West. • I • • .. ( ( • • • • -1 8- Upon the vote of the City Planning and Zoning Com- mission on a motion made at a regular meeting on March 20, 1979, the following members voted in favor of the Timber Lea Planned Development: Mrs. Becker, Mr. Bilo, Mr . Carson, Mr. Draper, Mr. Lathrop, Mrs. Pierson, and Mr. Tanguma. Mr. Smith and Mr. Williams were absent . By Order of the City Planning and Zoning Commission. ~-~ <(J Z:..<~-£, c r •----u ·· E die Tanguma,. r . > Chairman Planning & Zoning Commission • I • • - • • • • • MINUTES ANIMAL CONTROL COMMITTEE April 23, 1979 The bimonthly meeting of the Animal Control Com- mittee was held on Monday, April 23, 1979, at 7:00 p.m. Members present included Thad Carson, Joe Bilo, Howard Brown, and Harold Ambrosier. Absent were John Tidwell and Dave Long. Mrs. Hattie Ambrosier was a guest. Due to the lack of a quorum and the absence of the guest speaker, no business was conducted at the meeting. The next meeting will be held on Monday, May 14, at 7:00 p.m. The members present voted, along with a phone vote by Mrs. John Tidwell, to invite Dr. Stone of the Cherrelyn Veterinary Hospital to be a guest speaker. In addition, the members will review the animal ordinances at the next meeting. Joe Bilo motioned to adjourn due to the lack of a quorum. Harold Ambrosier seconded the motion. Meeting adjourned at 7:50 p.m. Laura Ann Hinderaker, Secretary • 5 I • - ( 0 • ( • TO r Andy McCown, City Manager • • • INTER-OFFICE ~DUM DATI: FIOM : Kells Waggoner, Director of P ub l ic \vo r ks SUIJECT r Snow and Ice Control 5 F May 1, 1979 This past winte r was mo re s e v ere than we have e xperie nce d i n several years, and the r e h a v e been new s articles a bo u t what t h e cost has been to the communities in the area , therefore , I h a v e put together some information as it relates to Englewood. During the '78-'79 winter months we expe ri e nce d the f ollo win g expe n ditures: Materials salt squeegee $ 8 ,640 2 ,750 Sanding and fil ling salt bins labor 12,450 3 ,030 equipment cost Snow and ice removal labor equipment cost Sweeping and hauling labor equipment cost Total s Materials 16,550 3,850 7,290 1 ,9 0 0 $ 11,390 Labor 3 6,290 Equipment cos t s 8 ,7 8 0 $ 5 6,460 When we compare t he over time costs with prev ious winte rs we f ind t hat we spe nt tw i c e as muc h , Winter '76-'77 '77-'78 '78-'7 9 Overtime costs $ 5,048 5,004 10,800 • I • - • • Andy McCown May 1, 1979 Page two • • • Therefore, it would be reasonable to assume that the '7 8-'79 winter cost us twice as much as we had exper ienced in the pa st two winters or approximately $28 ,000 more. All o f this is not out of pocket expense above what we had budgeted. We would have budgeted in an average year all of the equipment costs, approximately 90 % of the labor cost and 6S to 70 % of the materials cost, therefor e, the out of pocket expense above budget would be approximately $7,600. Although we don't know yet what effect the winter has had on the streets, we appear to be in better shape than many of the surrounding communities. Our patching p rogram has started and we had had an indication that we would get fo ur CETA employees to help, but it is now my understanding that our chanc es are SO-S O of getting anyone . If necessary we may have to hire some temp o rary p eople to help with the patching program. /((_( lc - ~ells Waggoner, P.@. Director of Public Works KW:bjs • I • ( ( • • • .. ENGLEWOOD PUBLIC LIBRARY BOARD April 10, 1979 6 A The Englewood Public Library Board met for its regular meeting on April 10, 1979, in the Library Meeting Room at 7:30 p.m . Sue Mueller, Chairman Pro Tern, called the meeting to order at 7:36 p.m . PRESENT: ABSENT: ALSO PRESENT : Beaver, Bennett, Clayton, Mueller, Nordyke and Wheelehan. Busch and Sterling. Mrs. Merlyn (Diane) Beaver Sharon L. Winkle, Director of Libraries Eileen Browne, Recording Secretary. Sharon L. Winkle, Director of Libraries, was introduced to the Board. Glenna .Bennett moved: TO APPROVE THE MINUTES OF THE MARCH 13, 1979, MEETING AS RECORDED. Seconded by Merlyn Beaver; the motion carried. There was a brief discussion regarding the vacancy on the Library Board. It was decided that the attached recommendation be submitted to City Council. REPORT ON FRIENDS: Dorothy Wheelehan reported that the Friends Strawberry Shortcake event had been a great success. She also stated that Bob Currie had requested to attend the next Library Board Meeting to give a report on Friends activities. Both Bob Currie and Diane Beaver are delegates to the Governor's Conference on Libraries and Information Services and will be attending the April 21, 1979, meeting. Regarding the Mountain Plains Library Association membership, Councilman Clayton made the motion : TO TABLE FURTHER DISCUSSION OF MEMBERSHIP UTNIL THE NEXT MEETING WHEN THE CHAIRMAN AND VICE CHAIRMAN WILL BE PRESENT. Seconded by Glenna Bennett; the motion carried. LIBRARIAN'S REPORT: Sharon Winkle gave a brief report on events in the Library sinc e her arrival at the end of March . There being no further business the meeting was adjourned at 8:16 p.m . • I • • • • • ENGlE WOOD PARKS & RECREATION COMMISSION Minutes of April 12, 1979 The regular monthly meeting of the Englewood Parks & Recreation Commission wa s called to order by Chairman Jack Poole at 7:30 p.m. in the Parks & Recreation Office . Members present: Hewitt, Weber, Allen, Howard, Poole and Romans, ex-officio (Cushing entered the meeting at 8:40 p. m. ) Members absent: Harper Also present: Assistant Director Tapply Allen moved, Weber seconded, that the minutes of the March 8, 1979 meeting be approved as printed. Motion carried. The development of Duncan Park was again discussed. The input from the neighborhood meetings was reviewed. Those attending these meetings voted for the play apparatus area; against a shelter house; against the restroom; in favor of flowers and landscaping. The staff recommended an all-purpose court and the north side of the building made into a field to be used for soccer, Jr. American football, etc. It was suggested that the building overhang be extended to use as a shelter area at a later time if found there is a need. Also recommended that one of the restrooms in the building be remodeled so it can be used by adults as well as youngsters and that an out- side access to this restroom be included in a long range plan. The staff also recom- mended more area lighting. Director Romans will prepare a site plan for Duncan Park to be presented at the next Commission meeting. There will be an immediate plan and a long range plan - 2 to 3 years. Councilman Weber reported on th e meeting with the City Manager concerning the need for clerical help at Malley Center. He said there is possible funding for a permanent part-time position -30 hours per week. The Commission directed Director Romans to meet with the Finance Director and City Manager to discuss possible means I . • • • • Parks & Recreation Commission Minutes of April 12, 1979 Page -2- of funding this position. The 1980 budget will include a request to make this a full- time position. Council Bill #21 concerning powers ot the Commission was distributed and re- viewed. (copy attached) The Commission questioned the need for the deletion. Dis- cussion ensued and it was decided that Councilman Weber should follow -up on this bill with additional discussion with City Council. The Resolution relating to the need and feasibility of a Community Building for the City of Englewood approved by City Council March 12 was read and discussed. (copy enclosed) Mr. Cushing reported on the meeting of the Senior Citizens Advisory Committee. The Committee feels that it is very urgent that City Council take action concerning the land east of the Malley Center for additional center parking because the owner of the property is now considering a high -rise office building to be constructed within the next eighteen months. The Committee also suggested that an area for non-smokers be established in the Center. The Committee recommended that Evelyn Boom and Robert L. Darden be appointed to fill vacancies on the Committee. Hewitt moved, Weber seconded, that these people be appointed to serve on the Senior Citizen Advisory Committee. Motion carried . After further discussion concerning the land east of the Malley Center, Cushing moved, Howard seconded, that recommendation be made to City Council that the City proceed with all urgency the purchase of the property east of the Elsie Malley Center to be used for additional parking. Motion carried. Director Romans informed the Commission that the contractor who installed the acoustical tile in the all-purpose room at Malley Center has agreed to use some re- maining tile he has on hand to tile the ceilings in the craft rooms at a reasonable cost . • I • • - • • • n Parks & Recreation Commission Minutes of April 12, 1979 Page -3- This was approved by the City Manager. • • • The Parks & Recreation Five Year Capital Improvement Plan will re discussed at the May Commission meeting. The list will be prepared by the staff and sent out with the agenda. The Commission asked that a cost estimate for the property west of Cushing park and an estimate of the Centennial Park addition also be sent with this list. Mr. Byron Sutton has again been to City Council seeking relief for the problem of golf balls being hit into the trailer lot adjacent to the golf course. The city insurance company has advised it is the responsibility of the person hitting the ball to pay for any damages caused by "off direction" hits from a golf course. City Council has referred the problem to the staff and the Commission for recommendation. A meeting was held with the golf course architect Dick Phelps, Golf Pro Jerry King, Golf Superintendent Jim Wilkins, City Engineer Gary Diede and Director Romans to look at alternatives to stopping the balls from going into the trailer court. Three alternatives were suggested: (1) a screen thirty feet high and sixty feet long be constructed adjacent to the tee box. The screen would be made up of twenty-five foot poles with chicken wire stretched be- tween them. The cost would be high, the esthetic result very poor and the effectiveness almost nil; (2) plant six tall pine trees 20-25' high on bank of Bear Creek to act as a screen. The cost would be $700-800 per tree, the esthetic result would be very good and the effectiveness somewhat better than alternate #1; (3) encourage and stimulate growth of the existing ten seedless cottonwood trees planted on the bank of Bear Creek last fall. The cost of special tree care for three years would be approximately $500.00. The effectiveness would not be great for the first three years but will increase as the years pass. Eve ntually this would be the most effective of all alternatives. After further discussion, Cushing moved, Allen seconded, that recommendation be made to City • I • Parks & Recreation Commi ssion Minutes of April 12 , 1979 Page -4- • • • Council to continue with Alternate #3 which will eventually eliminate the problem. Motion carried. The meeting adjourned at 10:15 p. m. Recording secretary • I • • • ( • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING RECOMMENDATION OF THE PARKS AND RECREATION COMMISSION DATE: April 12, 1979 SUBJECT: Land East of Malley Senior Recreation Center RECOMMENDATION: "That City Council proceed with all urgency the purchase of the property east of the Elsie Malley Senior Recreation Center to be used for additional parking for the Center. The urgency is needed because the owner of this property has indicated he intends to construct a high -rise office building on this property within the next eighteen months. By order of the Englewood Parks & Recreation Commission Edith Romans, Recording Secretary I . . • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING RECOMMENDATION OF THE PARKS AND RECREATION COMMISSION DATE: Aprill2, 1979 SUBJECT: GOLF BALL PROBLEM RECOMMENDATION: That the City proceed with the planned program now in effect at the golf course to eliminate the problem of golf balls being hit into the trailer court. This program is to encourage and stimulate the growth of the existing seedless cottonwood trees planted last fall on the bank of Bear Creek. By order of the Parks & Recreation Commission Edith Romans, Recording Secretary • • I . . - • OHDlL'lANCE NO. SEHI ES 01:' 1979 __ _ • • • BY AU'1'11 0HI1'Y A BILL FOR COUNCIL BILL NO . 21 INT RODU CED BY COUNCILMAt\1 HA RPEH 1\N ORDINANCE AME ND IN G SEC'l'lON S(f), CH APTER l, 'l'IT f.E X, OF 'l'HE '69 E.M.C., AUTHOHiblNG Tilt:: P Al{J{S AND RECHEATION COMM ISSION TO APPOINT ll SENIOH CITIZENS ADVISORY COMMITTEE AND '£HE COMMIT TEE BE REVIEWED ilY COUNCIL AT EVERY THRBE YEAR INTERVAL . WIIEIU::A s , it is lhc des in~ of the Parklj untl Hcc r c u t.ion Co uuni~sioa to modi fy the organization and procedure l; for the Se1~ior Citizens Advisory Commi ttee; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Suct ion 1 . That Subsection (f) of Sect i on 5, Chapt er 1, Title X, of the l 'bY E.M.C . i:; hurel.Jy amended to re ad a:; fo llows: • 10-l-5: POWERS AND DUTIES 'l'he P arks antl Hc c t·cut .io u Coinmi.::.!;l.un :·;hall have the follow111g powe r s ~ad dut~c~: (f ) ~~ ~~~ry ~tlt ~ue h ~th~r f ~nction~ ~nd dtitie~ ~s may be t~bffi time to tiMe des~~~ate~ by idel'lti:etd: re<~~i ut:i:e.tt::~ e:.i:-che c±t:y e ~til'leH: ~ntl the Beard 6f Edtieatien ef Seheo± Bist~iet Ne . ±, A~ap ~ho~-Eetinty. '1'0 Al'POIN'£ !\ ~J":NlOI< CJ'l'I:tt;NS At.NlSO HY COMMI'f'l'EE '1'0 PEHE'ORM S UCH AOV1.SOHY DUTIES AS MAY BE AlJTHORl ZED B ~· 'l'JIE PARKS AN D RECREATION COMMIS- !·)lON . A'l' C:VEHY 'J 'llREE YE!\R lN'l'I::RVAL I CI'l'Y COUNCIL Sli/1LL l)f:;'fEHM lNE Wl!Wfl!ER 'l'HE SEN IOI< Cl.'I'l ~I:NS ALlV l;;OHY CO MMI'l''l'EE SHALL CON 'l'INU E t'Ol< !1 SUJJSEQfH:;N'J' •rH RE E YEAH t'ERIOD. Introduced, r ead in fu ll and pass~d on firs t reading on the 2nd day of April, 1979 . • I • • - • \ • • • • RESOLUTION NO. ______ , SERIES OF 1979 A RESOLUTION RELATING TO THE NEED AND FEASIBILITY OF A COMMUNITY BUILDING FOR THE CITY OF ENGLEWOOD. WHEREAS, City Council is aware that the Englewood Lions Club is investigating the need and desirability of a community building to be located within the City of Englewood; and WHEREAS, the City Council is also aware that the Lions Club is actively engaged in involving other service clubs and interested citizens' groups in exploring the need and feasibility of a community building for the City; and WHEREAS, the City Council is interested in securing further information bearing on the need, desirability, or feasi- bilit~· of a community building for the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the City"Council cncour"g~s the Englewood Lions Club and other interested organizations and citizens to continue to explore and study the need, desirabjlity and feasibility of a community building for the City and to report to the City Council at some future date their findings and conclusions regarding those issues. Section 2. ------ That the City Manager is hereby authori~~d and directed to utilize the Department of Parks and Recreation personnel and/or other staff members to assist and cooperate with the Englewood Lions Club and others in order to provide information and assistance in any organization or educational endeavor planned by said groups. ADOPTED AND APPROVED this, ___ ~day of March, 1979. Attest: ex off~cio C~ty Clerk-Treasurer • I • • • • • • MEMORANDUM 6 8 TO : Andy McCown , Cit y Manage r F ROM: {.-():() Er nes t P. Roman s <-"'i \. Director, Parks & Re creation DAT E : April 27 , 1979 SU BJECT: Al ternatives to s t op golf ball s from being hit aero s Bear Cree k into trailer court This is a re s ponse t o yo ur request dated March 13 , 1979 for alte rnatives t o t he go lf ball problem at the E ng ! wood Gol f ourse . je rry King, E ngle wood Go lf Professional , Dick Ph e lps of Ph e lp s -Baue r Assoc iates, jim Wilkin s, Golf Superi nt e nde nt , Gary Diede , City Engineer and myse lf me t at t he ·golf course t o look a t some a lternative s to s topping balls from going into t he trailer cour t. Thre e alt e rnative a r e proposed : I. A s ere n thirty fee t high a nd s ixty feet long t o be cons tructed adjacent t o th e t ee box. The scr ee n will be made up of tw e nt y -fiv e foot pole s with chicke n wire s tre tche d between th e m. Estimate d cos t : $12, 000 -$14, 000 Esth e tic r es ult : Ve r y poor Effective ness: Will s top low "o ff d irection " hits t o t he le ft . Will not s t o p high "off d ire ction" hits that hook to t he left over the trees and drop in th e tra ile r court. ll. Plan t s ix t all pine trees (20' -25') on bank of Bear Cr ee k t o ac t as a scr ee n. Estima t ed cos t : Taken from th e near m ountain a r e a will co t $7 00 -$8 00 pe r tree in plac . Es th e tic r es ult: Ve ry good . Would improve the area Effec ti ve ness : Somewhat bette r t han a lte rnate #1 becau se the trees will be on hi g her ground than th e chicke n wire scr ee n. Ill. E ncourage and s timula te grow th of th e exi s ting ten see d less cottonwood trees planted on th e bank of Bear C r eek that were planted las t fall in answer to th e "off direction" drive s of th e golfe r s . Thi s growth ca n be s timulated with fe rtilize r a nd pcc ial care . Cottonw ood trees will grow one to o ne a nd o ne -half feet per yea r. Special care can po ss ibly boo s t grow t h to tw o feet per year. Trees are now about t e n t o tw e lve feet high. Es timated cos t : Cost of special tree care for three ye ars -$5 00. Es t hetic resu lt: Very good Eff ctive n ss : For t he next three ye ars no t much he lp e xc e pt for the ve r y low drives . As ye ar s pass the e ff ctive ness will incre ase proportionate ly. Eve ntually this will be the mos t e ffec tive of all alterna tives . • I • • • • • -2- Some discussion c e nterc on the al te rnate of redesigning the holes a nd t ees in t he area but all called for mor e room between #3 a nd #4 fairway s which is no t available . The s taff, afte r some discussion, recomme nded Al t e rna t e ;-3 . They al s o poin t ed o ut that o the r golf courses in the Me tropolita n Area have t he ame proble m and have not found a good solution t o any of t he m. This i nforma tio n was prese nted to th e Park s and Recr eation Commission on April 12 , 1979 and afte r some d i s cu s ion vot ed t o al o r ecomm nd t o the C ity Council t h Al te rnate #3. cc: je rry King Dick Phe lps jim Wilkins Gary Die de • • I • • - ( ( • • • • ENGLEWOOD WATER AND SEWER BOARD REGULAR ~IEETING April 23, 1979 The meeting was called to order at 5:10 P.M. by Chairman Gibson. Members present: Gibson, Best, Schnackenberg, Taylor, Ullery, Witthus Members absent: Feamster, Harper, Mann Also present: Stewart H. Fonda, Director of Utilities I. COLORADO WATER CONSERVANCY DISTRICT GROUNDWATER MANAGEMENT SUBDISTRICT RAW WATER AGREEMENT Mr. Fonda stated that Colorado Water Conservancy District (CWCD) was requesting to purchase 500 acre feet of water from Mclellan Reservoir for the year 1979. The agreement is the same as the one that had been approved for G.A.S.P. and that Englewood had adequate raw to lease to them. Mr. Gibson moved; Hr. Schnackenberg seconded: That the Board recommend to the City Council approval of the CWCD Agreement for lease of raw water. Ayes: Gibson, Best, Schnackenberg, Taylor, Ullery, Witthus Nays: None Absent : Feamster, Harper, Mann Mot i on carried. II. SUPPLEMENT 66 SOUTHGATE SANITATION DISTRICT Mr . Fonda stated that Southgate was requesting inclusion for an area of approximately 45+ acres for development of 150 single and townhouse units with a small area for a commercial building. • I • • - • • Mr. Schnackenberg moved; Mrs. Ullery seconded: • • • -2- That the Board recommend to the City Council approval of Supplement 66 to Southgate Sanitation District. Ayes: Gibson, Best, Schnackenberg, Taylor, Ullery, Witthus Nays: None Absent: Feamster, Harper, Mann Motion carried. II.a SUPPLEMENT 67 SOUTHGATE SANITATION DISTRICT Mr. Fonda stated that Southgate Sanitation requested inclusion of 34+ acres of land which is located in Greenwood Village. This area is residential and will have approximately 70 single family homes. Mrs. Ullery moved; Mr . Best seconded: That the Board recommend to the City Council approval of Supplement 67 to Southgate Sanitation District. Ayes: Gibson, Best, Schnackenberg, Taylor, Ullery, Witthus Nays : None Absent: Feamster, Harper, Mann Motion carried. III. MAJOR CAPITAL IMPROVEMENT PROGRAM Mr. Fonda gave a detailed explanation of the financial status of the water fund and the capital improvements to be made. This report had been discussed at a Council study session and a final decision will be made by Council at their May 7 meeting. He stated that all bids on capital improvements were well above the engineers estimate but adjustments could be made in the work program and the improvements could be financed with i ncreased bonding. • I • - ( • ( • • • • -3- IV. BOOSTER PUMPS Mr. Fonda stated that the booster pumps would be running the same hours as last year, from 3:00 PM to 9:00 PM. Mr. Gibson stated that he would like to see the hours extended on operation of the pumps. Mr. Fonda stated that at the present time the Water Plant was unable to keep the overhead storage tank filled on longer pumping hours . The meeting adjourned at 6 :35 PM. Respectfully submitted, ~~ Kay Roberts Recording Secretary I . - • • • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD DATE: April 24, 1979 SUBJECT: COLORADO WATER CONSERVANCY DISTRICT GROUNDWATER MANAGEMENT SUBDISTRICT RAW WATER AGREEMENT {CWCD) RECOMMENDATION: That the City Council approve the Agreement for lease of raw water with CWCD. Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By ~ .,Th~o~~~s~E.~Gr.ib-s-on--------~ Attachment 11 • I . ....... { • • ( • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD DATE : April 24, 1979 SUBJECT: SUPPLEMENT 66 SOUTHGATE SANITATION DISTRICT RECOMMENDATION: That the City Council approve Supplement 66 to Southgate Sanitation District , Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By Thomas E. Gibson Attachment #2 • I . • - • • • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD DATE: April 24, 1979 SUBJECT : SUPPLEMENT 67 SOUTHGATE SANITATION DISTRICT RECOMMENDATION : That the City Council approve Supplement 67 to Southgate Sanitation District. Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By Thomas E. Gibson Attachment 11 3 • I . • ( ( • APPLICANT: 7-11 Store 2705 South Broadway Englewood, CO 80110 • • • COUNCIL ACTION REQUEST LI QUOR AND 3 .2 BEER OUT LETS TYPE OF ACTION REQUESTED: 3.2 Beer License Renewal -Consumption off the premises POLICE AND FBI REPORTS: Enclosed PREVIOUS CITY COUNCIL ACTIONS DURING PRIOR TWO YEARS, EXCLUDING ANNUAL RENEWAL: CITY ATTORNEY'S REVIEW: CCM.!ENTS: • 6 D I . . • • • • ' TO: Marilyn Irons , Re ven ue Division FROM : Captain Ron Frazier, Investigations Division Chief DATE: March 30, 1979 SUBJECT: 7-11 Store, 2705 South Broadway 3 .2 Beer License Renewal Report This report Is representative of pollee enforcement assistance requests and pollee direct enforcement action fo r the period of April I, 1978 through April I, 1979, Requests for enforcement : 17 Pollee lnlated enforcement : 0 VIolations of Liquo r License : 0 c.:t:~~ Investigations Division Commander Englewood Pollee Department I • • - ( ( • • • • 'FOR~ Df\L •01 ! (REV . 1/78) ;, I A II: Ut-~ULUKAOO ({till\.-.. :'1 DEPARTMENT OF REVENUE ~ ~:~;:.~ 0 ... ..,. .. o•rt•.•• ••out•t.o .... o TO C.Ot.O IIIA~ RE.EWAL A .... LICATIO. FOR 3.2% r----=-=---;oV'o"•"'o"T"'w'"•"'•"'T<;-:;:••"'T"";-:;";-,s;;;•~.,-,c.,.-<-:::::::_ __ _ FlRIIl.TED MALT lEVERAGE UCE.SES lilT AI'PIIOYAL OF LOCAL LICE.SI•G AUTHORITY FIRST) SOUTI4.ANO CORP 01 ST 1831 SO OENVR 01 ST SEVEN ElEVEN STORE NO 1831 B211 633 S FEDERAL DENVER C O ~RTANT SEE INSTRUCTIONS ON THE REVERSE SIDE . S021 S LIQUOR ENFORCEMENT OFFICE R 'S ACT ION APPROVED D IS APPROVED --------~~r------ liEitNSU filiPAOHlKib bh 1EIM'S ildliiiiXTOMi MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE . fltiNI.WA L A~LtCATfON •o" J .Jtlo PI,...INTED M•L T elVl"-'\01. LICI,.I FO,_ T HE L IC INIINO '"E"IOD IND INO ~ TOTAL FEE (S) .llfl "f T • Qfl I 21-08292-013 lG 006 s lt6.25 55 No. 1----------SS No .2 'FEIN I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APP07L-::IC:-A:-T::clc::O::N:---------- EXCEPT CHANGE OF MANAGER , TRADE NAME OR CORPORATE STRLICTURE . Na¥T~ADENAME_~7~-~E~l~e~y~e~DL_ ___________ _ SIGNATURE _=p...__~~.!==::......!.V..J!!!!!I-.Iol~too~J;;:r-~!!::::..---------M.i li,. Add,.. -~6__.3l.j3~S!..!•c.....!F:.seud~e;urua~l...__ ___ _ IIF THERE IS A CHANGE IN OWNERSHIP DO NOT USE THIS FOAM . USE AN ORIGINAL APPL ICAT IONJ District ~·AN)IIGEA 's NAME __ _ TYPE J - . / . • I' If' .("flo~tCANT IS A COA,OAATION . FILL I N AE VE RSE S IDE . ... ~ ~ NAME AND DESCRIPTION OF LICENSE 3~2 PER r:~'tiT BEER RfTAll Ll CE NSE . ...._.: o: CITY 85 .JI~EHT OAP FEE ~· FEE • 25.00 s . 21.25 .,·:.· .. --~~ ... -=-~ ; . Do you-lolol __...n of tho promilol for Which tllil-licot ion for li-la -1 ----"Y,.x,;z_ _______________ _ Aro tho promiMa ownod or rontod1 Owned If rontod. offoctivo 6 oxplrotion doto of------------------~ ,. Is opplictottNI---(aJ .,..__.,;on, citi zen(sJ or per-• ro&ldent (al of tlla Uni tod Stotes of Amo<l ao ond Color-1 _ __.Yue .. _..,rs.__ ___ ..,, Is the applic:ent , or any of the pertnert, or any of the offican , stockhotden or dirwc:ton of uid ~icant (If hit a corporation). or employ-of onv ouch , Uftdor tho""' of •-nw-one veen 1 ________________ Yn --------No -~X.._ __ Has tht ~licent , or eny of the per1ners , or anv of the oHieert, stockhok:Je" or d irectors of uid ll)p licant Hf It il a corporation, I'Wt' been con· v ictod of o cruno in !Ill Stoto of Colorodo or elsewhere?------------------Yn ----------No __ _.X.._ __ If 10,11111 fu ll doto ils ------------:-:~-~--------,--,--~---,-,-,--------,---------------­ Has thtepphcant, or any of the .-rtnen, or any officer, d ir ector or stockholder of u id applicant Uf it is 1 corporationt ever : l ol -donlodo liconao under th is liQu or 1ow1 Only when need of neighborhoodYol: e X No ---- tbl hod onol<:ollotcbi-OIIIic.naoiUipondodorrovokod1 for misc. statutory y1o1M,t1ons X No ___ ~ If 1h1 answer is yes , ppteln fully (ettach .. perattsMet . if needed) Does e ny bri'We'f or wholeuter have 1 financiel interest. evidenced 11thM by loens or equity ownership In the bulineu fat which thil liceftll • requested? If the ar"'twer .. v•. ttltl nemes and addr•m and amount of wen financ iel interest e•prtued t ithw in doiJerl c. othet itema of velue , such 11 inwntory, tumlturt, fixturft end equ ipmertt Yn No X List t he names end eddr .... s of ell businHMI in wtuch 1ny of the person11n the previous quest ion art inttmted . Neme Bu su·,.ss Aaar .. 'If Fodor11l Em !>Ioven ldontlficotlon Number IFE IN J it pro..,rintod ;, tho obow apoco , p-check your -ell to-of you h ... tho - number . If you N>~e 1 d ifferent numbet'. correct the one ~~Dove 10 that it correiP()nd\ wtth your records . If no nurnbtt....,...., in the llboW spece , pioosofolltnwtththo FE INyouh ... onvourroconfl I and desires Of inhabitantS deemed alre&dJJDet • J I • • I 1 • • .. - ' I•} Onil•nited unde r the t•w of the StatA of -"""1'-----~---,------, Date ---NoYe't'ftbe~~----1961 ., ... ""'' lbl Pr mci p e l busineu 11 conduc t ed at ------f)allas--------. co .. mtv of --Ba-l-ls.1!t-~S tate of ___ :....'PeJC-818 - (d D a te of f tlt ng tas-t annu•l corpore te ,.,,_.or t to t h e S •c rotlry o f Suite ----------AJ)rll -~;-1~ , Name · Home A ddrtK s C tty Date of 8 1nh t u 1 ..... oent Jere w, 'Phell!l'eon 11217 AJollatPORS Pkwy• v.,. •••L ' J. S. Uar41n 5 310 'I'aRbaPk T•mu•o <' ft. e. Slft!~h 120 11 CheyeRAe Pl. Semwv ft. e. Bmi~h 120 11 Cheyenne Pl. Man•••" RaR ValeRt1Re 4725 W Quincy D IR ECT ORS : I L 1f1 1111 Ouocto r~ Cat lean 3 ere re qu h lld bv Law) (el NAME t-10ME STR EET N O . & CIT V See Attached Liet Month, Cay , Y e~r Dallal, 'l'ex Dallal, 'l'ex Rioll"dlon, Ricb"diOll, Denver, Co l/18132 10/ll/15 'l'ex 313/23 'l'ex 313/23 212154 : O A TE O f B fRTH !). I f) Ltst alt stOckh u l defl owni ng o r c on uolltng anv of the cap•Ul stock of tt"l o corporattOn (Include actu Al ow"4tt or pleo...-e.) Use M p arat e st"leet tf n eeoed .) PERCEN T O F DAT E N AME HO ME STR EE T NO & CITY S T O CK O WNED O F BlAT~ Cede l Oe. 10.77%----N~I~A~-----P.o. BeK 29, Bowlins OPeen Stat1oA, N.Y., No-¥-.------- (The t oiiO\II)I'i nv e f f1d a wlt to b e 'S,gn~cl l'nd ec lt.nowledged by in div i d ual• e nd eech m ember of u annersh i pl end ,.., CQr pon.r •on) STAT E O F COLORADO Cou nty ol ----19e!J81n~·v,•e~r~----------'}'-'-"·--.......,tll.l-r • .....Jl-..--.aP~Q>JI't~ea;pp.._ _________ _ a n<l -------------------------------------ottl nt by m• f i •st dul y sw o rn, i f tor h •m.elf , d ep o ws end u vs . t t"l at h e ••the applicant bat • SeC • of the a bove named corooratio n , tt"let h e nas ree d tht1 fOt eg o ing application end ttl at heltnows the c o n1ent\ t h ereof, end t hat ell m •ners 01n<1 thtnQs. therei n set fo n h er e true of h ls own lt.nowledge end h e agr .. s to conform to e ll rules end regu l lt tons prc;;,.,vtg....C. b y ,.the.Stlt e D epartmen t of Revenue •" con n act ton th e•ew1th Sublcrtbed and IINOtn to befote ma l nd•v•d ual s and all m embers. of o artnerst"lip mult s tgn h e r e . Off icer of Corporation Soy n here : l (;0 f11P O A ATE S E A L I IU.PORT AND API'ROVAL OF LOCAL LICENSING AUTHORITY I Manuhtcturer&. W l'lohts•la rs, t mpo•tlf''-en<-1 P vhi+c Tr•n•portatton Svnem o sr~gartJ t h •s s.ecttO.,) .... The forego ing _,p llca t tOn ,.,es been •ot emtned iil'ld 1ha prem rt.M, bus•net.t conouct.O a n d cha•l'C'1fH of tt"l e applicant i 1 set i tfacto r v o.nd w e d o repor t the t suc h lice nse. •' grauted , will rn t~vt the reuon«~oto tfiQuu~e nts o f the neughborhoOd ano t he desl ret of t he '" r -~-~~ ........ ........,_.t tt-th• PI'O¥tt oOn o+-An-cta46, Ttt te·11, c -...& 1 .73 ;a .-.r~f'U'tld ~ • • - TW E IU !II'"O IIIC. TH II APPLtCATKHI' tJ ..._lllt:8'f A .. tltO V EO. OAT EO AT--------T HI$ --------------0 .-. V' OF----------------. A 0 11 _________ _ !NAME 0 F 1 OWN , CIT V OA COUNT¥} _________________________________________________________________________ _ !MA YOR 0 " C H ... IRM A ... Of' 8 0 A 'IIt0 OF COU"'T V COMM1S$10NE RS On OTH l llt TITLI OF I IC5N$1NO •uTH O (IIt tTY I .: ) , A l l EST il1 -, '' IC LfAI( OR SEC R£TAR Y O M OTHER OFFICER H 4 VINC1 THE OFFICI AL. 5EAL OF "THE L !CiiNSt NG A UTHORITY I 11 l th• pr em •MS are locatfKf w ithin • town or c•t v . the above 81)proval shou ld be si gn ~ ov thtt m•vo' a nd c leric , •• •n a county, then b y t h e c h atrman of the hoard of cou nty comm i 51 i oner s and the c htd• to the t>Oard If . t:i y ord i nance or otherw •se , the localllc en&•n~ authority I s .am e other o tf•c lal, thttn s.uc h soor<JY•I shOvld b e Qlven b y suc h ott Ictal ) NOTICE TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME , IT IS IMPORTANT THAT THIS DOCUMENT, WITH YOUR ST ATE FEE REMITTANCE , BE AT THE COLORADO DEPARTMENT OF REVENUE . STATE CAPITOL ANNEX BUILDING , 1375 SHERMAN STREET , DENV ER , NO LA TE R THAN THIR T Y (3 0) DAYS PRIOR TO TH E EXPIRATION DATE OF -YOUR LICENSE . THIS DOCUMENT MUST BE IN THE HANDS OF THE LOCAL LICENSING AUTHORITY AT LEAST ----·· -···-,,. .. ,-•••"" --·-----··~ ,.v .. or. •••~•• "-... ,,., • .,..~.,,., .. • I • • John Philp Tho!llpson Joseph Schuyler Hardin Clifford ~ard Wheeler Hc i<endree Ihoe~as Cochran, ;sr; t.:ilford lCerlllit ltuppenkamp Clark J. Matthews, II V01ushn lieady . forrest w. Stout s. 11.. uole Joe c. Thompson, Jr. la~ Berry ~. c. Soith (initial only) :::u;ene Pendel: ·~illia::~ W. Atwell Jonathan Youn& Ballard ·lark L. LeiiQIOn, u. D. J · Douglas J. Porter • • • - 0 TilE SOl ~D Cl'IU'or.AtiON • '· · Of£1~--• ~nd Directcrs TITLE Exec. Vice President and Director Executive Vice President & Director Vice President & Director Vice President Vice President Vice Presiuent -General Counsel & Asst. Secretary Vice President Vice President V:a.ce l'res:a.dcnt Vice President . Vice President Secretary-Treasurer Controller Director Director Director Assistant Secretary • 1 rc~trong ~01r way D~llas, Texas 75205 10525 Strilit Lane D~llns TcY.as 75229 5310 Tanb01rk D.1llas Tex~s 75229 p. o. Bo}: 1&10 Athens Texas 75751 641o0 N:~rthport Drive D~llas Texas 75230 630() Chesley Lane D.1llas ;cxa s 75214 7005 Ste f01ni D~ll.1s, Te xas 75225 4555 Cathedral Dr. Dallas Texas 75214 6703 Uo<~ne Ave • sgrt~sficld, Va . 22152 I lll D<Jria Or. Dallas Texas 75229 4&51 F~irf~x(43ll Rheims) D.1lla~ Te~~s 75209 13187 Para~ount Or • Saratoga, Calif . 95070 1204 Cheyenne Place Richardson, Tex. i5080 303 Stonebridge Dr. Richardson, Tex . 75080 306 N. Presa San Antonio, Tex. 78205 1215 llillcrest Ft. Worth, Tex. 76107 3434 Swiss Ave.Suite 203 Dallu, Texu 75204 . 13 Village Court Littleton. Co. 80123 DArt Ar:o I'LACI! 01' ntlrrrt ~:ay 2, 1914 Colc~~n Ci t v Texas Hil)' 24, 1?18 Altus . Okl:~ho ::~a ~ovc~ber 9, 1919 c~rui n ·. Ic•,·~ Octcbcr l, 193& Arkans~~ Citv, Kan. July 7, 1920 ~cathcr!ord ·Texas ~Ia\' 19, 1':lll · Sn\·dc r. (ll: :aho~il Xu~ust 24,· 19]7 · Er.:oori a. K:lr.s:~s A::r,ust 1!>, 1940 D."lll:ts. Tcx.1s Sc?te~b:r 11, 1940 Ontnrio , C:~Hf . ~!;;reb 3, 1923 Bcnh:!::t Tc r.as fetru~ry 5, 1931 tlonq:o:r.er·,·. La . ~ccr:~~er 31, 1932 Dallas, "ie ~as ~larch 7, 1901 Cleburne. Texas JOJnuary 3, 1924 Dallas, Texa-s- s.s. ~ 45&·44 30 5 ·4; 45 o -o : 445 -o : t.S 2·ll 45&·5~ 4&5 -ll . 5:!5-0! ;)..J0-2( 4&7-5! 559·5( 45 1·2S 433-3! 461-46 4>1-u~ 4&2•42 October 17, 1942 546-54-3921 · Oroyj!Ie Calif J .. • • • • • MEMORANDUM TO: FROM : Andy McCown, City Manager William D. James, Director of DATE: April 26, 1979 SUBJECT: 7-11 Store, 2705 South Broadway The 7-11 Stores located in Englewood have not had a license revoked for at least the last five years. It appears that the 7-11 Stores are being candid by stipu- lating that the firm has been cited for violations in the State. Otherwise, the store in question, located at 2705 South Broadway , has a clean record to date and has not been cited for any infraction of State or local liquor laws. WDJ/jlw • I . (_) ( • • • • MEMORANDUM TO: FROM: DATE: SUBJECT: Andy McCown, City Manager Robert R. Holmes, Chief of Police April 17, 1979 3.2 BEER LICENSE RENEWAL APPLICATION FOR 7-ELEVEN STORE, 2705 SOUTH BROADWAY At the city council neuting on April 16, 1979, council was c onsidering a renewal ~equest for a 3.2 beer license for Southland Corporation, D.B.A. 7-Eleven Stores, 2705 South Broadway. On the renewal request form, in t he space which asks, "Have you ever had your license suspended or revoked?", 7-Eleven District Manager Ron Valentine had answered, "Yes." This reply on the renewal reque ~;t concerned council and they asked the p olice depart- ment to investigate what was meant by this response. In revie .. ·ing this mattur, it has been brought to my attention that Southland Co rporation, D.B.A. 7-Eleven Stores, has many 3.2 licenses throughout the state and at some po~nt in time some of those have in fact been suspended for infractions of state or local liquor laws. In an effort to be completely candid, they have responded in all license renewal requests that they have in fact been cited for violati ons. Ho wever, we are satisfied that in their local operations they have made every effort to comply with the law and, therefor e, the police department recommends renewal of their license. • I . ( • • • • • '1 A BY AUTHORITY ORDINANCE NO. SERIES OF 197~9------COUNCIL BILL NO. 21 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE AMENDING SECTION 5(f), CHAPTER 1, TITLE X, OF THE '69 E .M.C ., AUTHORIZING THE PARKS AND RECREATION COMMISSION TO APPOINT A SENIOR CITIZENS ADVISORY COMMITTEE AND THE COMMITTEE BE REVIEWED BY COUNCIL AT EVERY THREE-YEAR INTERVAL. WHEREAS, it is the desire of the Parks and Recreation Commission to modify the organizat ion and procedure s for the Senior Citizens Advisory Committee; NOW, THEREFORE, BE I T ORDAINED BY THE C ITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Subsection (f) of Sect ion 5, Chapter 1, Title X, of the '69 E.M.C. is hereby amended to read as foll o ws: 10-1-5: POWERS AND DUTIES The Parks and Recreation Commission shall have the follow ing powers and duties: To carry out such other functions and duties as may be from time to time designated by identical resolutions of the City Council and the Board of Education of S chool District No. 1, Arapahoe County. TO APP OINT A SENIOR CITIZENS ADVISORY COMMITTEE TO PERFORM SUCH ADVISORY DUTIES AS MAY BE AUTHORIZED BY THE PARKS AND RECREATION COMMISSION. AT EVERY THREE YEAR INTERVAL, CITY COUNCIL SHALL DETERMINE WHETHER OR NOT THE SENIOR. CITIZENS ADVISORY COMMITTEE SHALL CONTINUE FOR A SUBSEQUENT THREE YEAR PERIOD. Introduced, read in full and passed on first reading on the 2nd day of April, 1979. • I • • - • • • • Publishe d as a Bi l l for an Ordinance on the 4 th day of April, 1 979. day of on the ----- Read by title and pass ed on final read i ng Ma y , 1979 . ~m ku1!. P u blished~ as Ord ina nce No. , Se r ies of 1 97 9 , on the _______ day of May, 1979. ------ Mayor Attest: ex off~cio C~ty Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published BY title as Ordinance No. ________ , Series of 1979 . ~~~ ex offic~o City Clerk-Treasurer -2- • I • • • • • BY AUTHORI TY ORDINANCE NO. 20 SERIES OF 197.~9------COUNCIL BILL NO. 21 INTRODUCE D BY CO UNC ILMA N HARPER AN ORDINANCE AMENDING SECTION 5(f), CHAPTER l, TITLE X , OF THE '69 E.M.C., AUTHORIZING THE PARKS AND RECREATION COMMISSION TO APPOINT A SENIOR CITIZENS ADVISORY COMMITTEE AND THE COMM I TTEE BE REVIEWED BY COUNCIL AT EVERY THREE-YEAR INTE RVAL . WHEREAS, it is the desire of the Parks and Recreation Commission to modify the organization and procedures for the Senior Citizens Advisory Committee; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Subsection (f) of Section 5, Chapter 1, Title X, of the '69 E.M.C. is hereby amended to read as follows: 10-l-5 : POWERS AND DUTIES The Parks a nd Recreation Commis sion slall have the following powe rs and duties: (f) TO APPOINT A SENIOR CITIZENS ADVIS OR Y COMMITTEE TO PERFORM S UCH ADVISORY DUTIES AS MAY BE AUTHORIZED BY THE PARKS AND RECREATION COMMISSION. AT EVERY THREE YE AR IN'T'ERV AL , rT'J'" COU~CIL SHALL DETERMINE WHETHE R OR NO 'I' TilE SEN IOR _ CITIZENS ADVISORY COMMITTE E SHALL CONTINUE FOR ll SUBSEQUENT THREE YETIR PERIOD . (g) To carry out such other functions and duties as may be from time to time designated by identical resolutions of the City Council and the Board o f Education of School District No . 1 , Arapahoe County. Introduced, read in full and passed on first reading on the 2nd day of April, 1979 . • I • • • • • .. Published as a Bill for an Ordi nance o n the 4th day of Ap ril, 1979 . Read by title and pas s ed on f inal r ead i n g on t h e 7 th day of May, 1979. Publi s h ed in full as Or dinance No . on t h e 9~h d ay of May, 1979. 2 0 , S e r ies of 19 7 9 , Ms y or Atte st: ex off~cio C~ty Clerk-Treasurer I, foregoing passed on No. 20 William D. James, do h e reby certify t hat the above a nd is a true, accurate and complete copy o f t h e Ordinance final reading and publ i shed in full as Ordinanc e , Se r ies of 1 9 7 9 . ex o ff~c~o City C l e r k -Treas urer -2 - • I • • ,o ( ( • • • • 1 B . BY AUTHORITY ORDINANCE NO. ) SERIES OF 197=9-----CO UNCIL BI LL NO . 24 I~D UCED BY J J , i-I) I J2 1a x xJ ~ /' AN ORDINANCE VACATING PART OF A STREET BETWEEN BLOCKS 4 AND 5 , ENGLEWOOD HEIGHTS SUBDIVISION, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO. WHEREAS, there presently exists a portion of South Acoma Street running between Block 4 and Block 5 in Englewood Heights Subdivision, which dead ends at City Ditch on the north; and WHEREAS, this dedicated r ight-of-way previously requested to be vacated lies entirely within th e City of Englewood and has no common boundary with any other political subdivision; and WHEREAS, there is no public reason f o r r e taining this portion of South Acoma Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the following described dedicated right -of -way of South Acoma Street located within the City of Englewood, County of Arap ahoe, State of Colorado, be and the same is hereby vacate d: Adjacent to Lots 7 and 8, Block 5 , and Lots 9, 10, and 11, Block 4, on the east and west, respectively, and adjacent to City Ditch on the north and the north right-of-way line of West Jeffe rson Avenue on the south, all in Englewood Heights Subdivision, City of Englewood, County of Arapahoe, State of Colorado, containing 3,437 square feet, more or less. Introduced, read in full and passed on first reading on the 16th day of April, 1979. I • • - ·' • ( • • • • Published as a Bill for an Ordinance on the 18th day of April, 1979. Read by title and passed on final reading on the 7th day of May, 1979. Published by title as Ordinance No. ______ , Series of 1979, on the day of May, 1979. Mayor Attest: ex officio C~ty Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. ________ , Series of 1979. ex off~c~o C~ty Clerk-Treasurer -2- • I • • ( ( • • • • BY AUTHORITY ORDINANCE NO. d I SERIES OF 1979 COUNCIL B ILL NO. 24 ~~f/lldu AN ORDINANCE VACATING PART OF A STREET BETWEEN BLOCKS 4 AND 5, ENGLEWOOD HEIGHTS SUBDIVISION, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO. WHEREAS, there presently exists a portion of South Acoma Street running between Block 4 and Block 5 in Englewood Heights Subdivision, which dead ends at City Ditch on the north; and WHEREAS, this dedicated right-of-way previously requested to be vacated lies entirely within the City of Englewood and has no common boundary with any other political subdivision; and WHEREAS, there is no public reason for retaining this portion of South Acoma Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows : Section 1. That the following described dedicated right-of-way of South Acoma Street located within the City of Englewood , County of Arapahoe, State of Colorado, be and the same is hereby vacated: Adjacent to Lots 7 and 8, Block 5, and Lots 9, 10, and 11, Block 4, on the east and west, respectively, and adjacent to City Ditch on the north and the north right-of-way line of West Jefferson Avenue on the south, all in Englewood Heights Subdivision, City of Englewood, County of Arapahoe, State of Colorado, containing 3,437 square feet, more or less. Introduced, read in full and passed on first reading on the 16th day of April, 1979. • I • • ( ( • • • • Published as a Bill for an Or din a nce o n the 18th day of April , 1979 . Re a d by titl e a n d p assed on fi nal read i n g o n the 7th d a y of Ma y , 1979. Publishe d b y title as Ordinance No. ______ , S e ri e s o f 19 79, on the day of May, 1979. Ma y o r Attest : ex of fic io City Cl e rk-Tre asurer I, William D. Jame s, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published b y title as Ordinance No. ________ , Series of 1979. e x off~c~o C~ty Cl e rk-Treasurer -2 - • I • ( ( • ORDINANCE NO. SERIES OF 197~9----- • • • BY AUTHORITY A BILL FOR 1 c COUNCIL BILL N0.25 INTYfjJU{}l BY AN ORDINANCE APPROVING AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVE R , ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS, AND THE CITY OF ENGLEWOOD, COLORADO, KNOWN AS THE "CITY DITCH AGREEMENT", WITH CERTAIN AMENDMENTS. WHEREAS, the City of Englewood, Colorado, and the City and County of Denver have previously ent.ered into an agreement known as the "City Ditch Agreement" relating to the City Ditch on February 6, 1970; and WHEREAS, said Agreement has been amended August 20, 1973, December 2, 1974 and April 17, 1978; and WHEREAS, said Agreement has expired and it is the desire of the City of Englewood and City and County of Denver to renew said Agreement with certain other amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows : Section 1. Except as amended herein, all other terms and conditions of the Agreement of February 6, 1970 , as amended August 20, 1973, December 2, 1974, and April 17, 1978, shall remain in full force and effect for a term of twent y (20) years from the date of the Agreement. Section 2. The amendments to said agreement generally provide as follows: a. Formulas to share t he operation and maintenance costs of the City Ditch and Highline Canal be revised so that the same basis is used in either c ase. b. Englewood is to receive the use of the Highline Canal without the expense of condemnationand provisions being made for losses through seepage. c. Englewood shall operate and maintain that portion of the City Ditch conveyed so as to continue to maintain carrying capacity adequate to deliver ten (10) cubic feet of water per • I • - • ( • • • • second a t the Wash ington Park Flume at suc h time and in such quantities as may b e requ e ste d b y t he Denver Water Board for the users of the City Ditch wat er north of the Harvard Gul ch blowoff until November 1, 1 998 . d. De nver Wat er Board is to pay a proportional share of Englewood's annual dmini strat ion, operation and maintenan ce expense for the City Di tch from the Chatfield Dam outlet wo rks to Harvard Gulch, a distance of app rox i mately twelve miles. Formulas are established to share the co st. 3 . Englewood sltall be respon l. 1 for operat l.ng and main- tal.ning the Cl.ty Dl.tch f r om Chatfl.e ld Dam out l et work s to th e Harvard Gulch blowoff. f . Al l maintenance work by Englewood requir1.ng a complete o r p art ial shutoff of the Boa r d 's flow in the City Ditch shall b e performed with the utmos expedl.ency to m.inimize water losses. g. Denver Water Board shall continue to b e responsible for operating and mal.ntal.ning the Hig hline Canal and Englewood shall contin ue to be responsi 1 for maintain ing the Parshall flume on Dad Clark G lch which measure s del iveries from the Highline Canal to McClellan R servoir . h. Provl.sl.ons are made for maintena nce work by the Denver Water Board, el.ther emergency or routine , requiring the complete or partl.al shu toff of Englewood' flow of water in the Highline Canal. i . Representative s of Englewood and Denver Wa ter Board will perform annual joint inspections of the City Ditch and Highline Canal to determine maintenance work required to enable those facilities to continue to deliver rates of flow of water set forth in the agreement. Section 3. That ~he amended agreement dated , 1979 is attached hereto and made a part hereo f as though fully set forth. Sectl.on 4. That the City Counc l. of the City of Englewood, Colorado, hereby authoriz es the Ma yor of the City of Englewood to subscribe his name to said Agreement and amendme nts on behalf of the City Council of the City of Englewoo d, and that the Director of Fina n ce , ex officio City Clerk-Trea surer shall attest the same. -2- • I • • • • • rlJ~r ntroduced, read in full and passed on first reading on th e~day of May, 1979 . Published as a Bill for an Ordinance on th~l!fh day of May, 1979. ~ Ma yor Attes t: ex off1c1o C1ty Clerk-Treasurer I, William D. Jame s, do herc t y certify that the above and foregoing is a true , accura te and complete co p y of a Bil l fo r an Ord inance, introduced , read in fu ll and passed on first read ing on the~day of May , 1979 . ex officio Cit y Clerk -Treasurer -3- • 0 I • • • • • • • RESOLUTION NO. SERIES OF 1979 A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FEE SIMPLE INTEREST IN CERTAIN LANDS WITHIN THE CITY OF EN GLE WOOD, COLORADO, TO PROVIDE A SITE FOR CONSTRUCTION OF A FIRE STATION. WHEREAS , to protect the health, safety, and welfare of the citizens of the City of Englewood, it is necessary to construct a new fire station in the southeast corner of Layton Avenue and South Acoma Street in the City of En g l ewood; and WHEREAS, there is a public need to acquire additional real property to construct the improvements; and WHEREAS, negotiations for the purchase of the properties herein necessary may be unsuccessful. NOW, THEREFORE, BE IT RES OLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section l. _That the City staff is hereby authorized and directed to negotiate for the purchase of the following described parcels, and should the City staff be unable to agree with the owners of the parcels as to the fair market value, then the City Attorney is authorized to commence action in eminent domain t o condemn the following parcels of real property as authorized by law: A parcel in SW l /4 of Section 10, Township 5 South, Range 68 West of the 6th Principal Meridian, described as beginning at a point 50 feet West of centerline of South Broadway and on the South line of West Layton Avenue; thence South 75 feet; thence West 266 feet; thence North 75 feet ; thence East 266 feet to beginning, containing approximately 19,950 square feet; And a parcel in SW l/4 of Section 10, Township 5 South, Range 68 West of the 6th Principal Meridian, beginning 50 feet West of centerline of South Broadway and 100 feet South of center- line of West Layton Avenue; thence We st 266 feet; thence South 150 feet; thence East 266 fe et ; thence North 150 feet to point of beginning, containing approximately 39,900 square feet; Both in the County of Arapahoe, State of Colorado . • I • • • • • • Section 2. 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 owners of the properties to be taken. That such appropriation not be less than the highest appraisal value for the parcels in question. ADOPTED AND APPROVED this ______ day of May, 1979. Mayor Attest: ex off~cio city Clerk-Treasurer I, William D. James, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. , Series of 1979. ex offic~o City Clerk-Treasurer -2- I • - • • • • • • RESOLUTION NO. SERIES OF 1979 A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FEE SIMPLE INTEREST IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD, COLORADO , TO PROVIDE A SITE FOR CONSTRUCTION OF A FIRE STATION. WHEREAS, to protect the health, safety, and welfare of the citizens of the City of Englewood, it is necessary to construct a new fire station in the southeast corner of Layton Avenue and South Acoma Street in the City of Englewood; and WHEREAS, there is a public need to acquire additional real property to construct the improvements; and WHEREAS, negotiations for the purchase of the properties herein necessary may be unsuccessful. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. _That the City staff is hereby authorized and directed to negotiate for the purchase of the following described parcels, and should the City staff be unable to agree with the owners of the parcels as to the fair market value, then the City Attorney is authorized to commence action in eminent domain to condemn the following parcels of real property as authorized by law: A parcel in SW 1/4 of Sect ion 10, Township 5 South, Range 68 West of the 6th Principal Meridian , described as beginning at a point 50 feet West of centerline of South Broadway and on the South line of West Layton Avenue; thence South 75 feet; thence West 266 feet; thence North 75 feet; thence East 266 feet to beginning, containing approximately 19,950 square feet; And a parcel in SW 1/4 of Section 10, Township 5 South, Range 68 West of the 6th Principal Meridian, beginning 50 feet West of centerline of South Broadway and 100 feet South of center- line of West Layton Avenue; thence West 266 feet; thence South 150 feet; thence East 266 feet; thence North 150 feet to point of beginning, containing approximately 39,900 square feet; Both in the County of Arapahoe, State of Colorado . • I • • • • • • Section 2. 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 owners of the properties to be taken. That such appropriation not be less than the highest appraisal value for the parcels in question. ADOPTED AND APPROVED this ______ day of May, 1979. Mayor Attest: ex off~c~o C1ty Clerk-Treasurer I, William D. James, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. , Series of 1979. ex offic~o city Clerk-Treasurer -2- • I . • Englewood Ci ty council c/o En gl ewood City Manager 's Office 34 00 So uth Ela t i Stree t Eng l e wood, CO 8 0110 • • - .nglewood Ti r s ~les 4 8 15 Sou h Broadwav Engle wood, CO 8011 0 May 2 nd , 1 79 Re : Propo sed relocation of the Be lleview Fire Sta tion to be considered at the May 7th , 1979 mee ting of the En g l e wo od City Council. Dear City Council Members: In light o~ your u p comi n g r v ~ew, re lated to the above r e fer e n c d it ~. whi c h is on your ag e nda o r y o ur m e i nq Monday ev ning I wo ul d l ik o offer the follm<inq fa c t s fo r your consideration . I am a businessman who on So uth Bro adway and o pera es this bus i ness ci y l i mits of Englewood and would l i ke to offer my vi e ws on sed r loc ation of the Fire S ation wh i ch is pr sently loc at o f Be llvi e w, a l i l e w s of Broadway. Due to t h s tre ets ar no t a s wid in t h a r a o he pro posed n e w l oca 10n (~l .. s t La y on a nd So uth Acoma) a s is \~es t Be llvi e w Av e nu e t h r e wo uld u ndo u b t dly be a e d to p os t "N o Pa rking S igns " t h us h u rting busin ss o wn e r s ~n that are a , my own b u s i n s s i n c lud d. Al s o sinc e ne i ther Layto n nor Acoma r e h r o ugh s r ee t s f o r a ny qre at distance mak e s the n e w loca i o n b lnq con sid r e d o u Ps tl o nah l at e s t . I , a s a taxpayer in En glPwood , f a l l o see t he r P~l h n cf i so t h proposed n ew location b c au s e t h e dis anc is onl y a!'pr o x i matc l y 4 /l Ot !ts of a mil e away from t he e xi s ting facil i ty a nd h e cos t o th e city (the taxpay e r s ) would be a n e edless $500 ,000 . I thank y ou for vour time in reading of thi s l e tt r a nd your c o n sid e ration of my vi wpoints e x p r es s ed he r ein would be mu ch a ppr e c i ated . Sincerely, Ralph G . Backstrom Owner jdm • I • • - • - • • • - • • I . • • • • • • • UNCL E MIL ('S fJ ••• 431) S . .\CI\:t..:. Dr,, • Outl\ 8 """" Englewo o ..; roadw a y (30~) .:-: Colo. Bono .) 789 . 3775 • I . • • - • • ¥ay 3 , 1979 Dee r Mr. Ma yo r a nd Hr. Counci en : I am ~lritin p you on a ma tter t he.t concerns me persona lly and business-wis e . I r ecently ta lke ~ t o La ur a Dreher ~o is a persona l f r i e nd, a n-1 I uncl e r s tan·J from he r tha t you are plannin r; to buy some of her prop erty to build a new Fi re Sta tion. Some information re ~a rdin P, this aonea re .~ in t he n m~sna pe r a n·1 I do not a pp rove of t he way you a po r oa che-1 he r in thi s matter. It s e ems to me she should have be en contacted before t his aopea r ed in t he news paper. This move, I be lieve, is e xtravagant ann unnecessary. Bu siness-wise, I object to this move a s t here would be noise an ~ othe r nu isances which would ma ke it more rl i "ficu l t to rent my business of fices on Broadway a nd ~e nta l Pr one rty on Lincoln. Pl ease r e c ons i d er t his un necessa ry move. ' .. :&ei,~ I . • • • • • • 19> RESOLUTION NO. SERIES OF 1979--------- A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNA TION OF A FEE SIMPLE INTEREST AND EASEMENT IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD , COLORADO, TO PROVIDE A SITE FOR CONSTRUCTION OF A WATER STORAGE STRUCTURE. WHEREAS, th e City of Englewood has embarked upon a wat er service improvement project, including the construction of a water tower; and WHEREAS, there is a public need to acquire additional real property to construct the improvements; and WHEREAS, negotiations for the purchase of the properties herein necessary for the improvements have been commenced and may be unsuccessful . NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, as follows: Section 1 . That the City staff is hereby authoriz ed and directed to continue negotiations and should the City staff be unable to agree with the owner of the property as to the fair market value of the property, then the City Attorney is authori zed to commence action in eminent domain to con demn the following parcels of real property as authorized by law: LEGAL DESCRIPTION OF TANK SITE A parcel of land located in the NE l /4 of Section 15, Township 5 South, Range 68 West of the 6th Principal Meridian, City of Englewood, County of Arapahoe, State of Colorado, more particularly described as follows: BEGINNING at the SE corner of Lot 21, Block 3, BROOKRIDGE HEIGHTS; thence N 60°59'00" West along the Southwesterly boundary line of said Bloc k 3 a distance of 148 feet; thence S 29°01'00" West a distance of 180 feet ; thence S 60°59'00" East a distance of 263.61 feet to a point on the Westerly line of that parcel of land described in Book 1268 at page 479, Arapahoe County Records; thence N 3°41'40" West along said Westerly line a distance of 213 .93 feet to the true point of beginning, containing 37,045 square feet or 0.850 acres . • I • • - • • • • • LEGAL DESCRIPTION OF PROPOSED DRAINAGE EASEMENT A 30 foot drainage easement located in the NE 1 /4 of Section 15, Township 5 South, Range 68 West of the 6th Principal Meridian, City of Englewood, County of Arapahoe, State of Colorado, more particularly described as follows: COMMENCING at the SE corner of Lot 1, Block 3, BROOKRIDGE HEIGHTS; thence N 60°59'00" West along the Southwesterly boundary line of said Block 3 a distance of 148 feet; the nce S 29°01'00" West a distance of 180 feet to the true point of beginning; thence continuing South 29°01'00" West a distance of 359.27 feet to a point on the Northeasterly line of that ea sement described in Book 1266 at page 570, Arapahoe County Records; thence S 46°38'00" East along said Northeasterly line a distance of 30.97 feet; thence N 29°01'00" East a distance of 366.94 feet; thence N 60°59'00" West a distance of 30 feet to the true point of beginninq, containing 10,894 s q uare feet or 0.250 acres. Section 2. That the Director of Financ e , ex officio City Cl e rk-Treasurer, is hereby authorized and dire c ted to app ropriate, set aside and hold for all necessary j udgments and awards sufficient sums to be pdid as just compensation to the owners of the properties to be taken. That such appropriation not be less than t he highest appraisal value for the parcels in question . ADOPTED AND APPROVED th i s/'1i) day of~ , 1979. Mayor Attest : ex officio City Clerk-Tre asurer I , William D . James, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do h e r eby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. (;2 , Series of 1979. ex off1cio C1ty Clerk Treasurer -2- • I • • ...... ( ( • • • .. RESOLUTION NO. SERIES OF 1979 ______ _ A RESOLUTION APPROVING THE APPLICATION OF PAUL H. DAG HLIAN AND SHAKE' T. DAGHLIAN, DOING BUSINESS AS PAUL 'S RESTA URANT & PIZZERIA, FOR A HOTEL AND RESTAURANT LICENSE TO BE LOCATED AT 3542 SOUTH FOX, ENGLEWOOD, COLORADO. WHEREAS, Paul H. Daghlian and Shake ' T. Daghlian have heretofore made application pursuant to the provisions of Article 47, Title 12, CRS'73, as amended, for a hotel and restaurant license to be located at 3542 South Fox, Englewood, Colorado; and WHEREAS, notice of said application and notice of public hearing thereon having been given, and a hearing having been conducted on the 9th day of April, 1979 before City Council as the local licensing authority; and WHEREAS, the applicants currently hold a beer and wine license granted August, 1977. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: That based upon the application of Paul H. and Shake' T. Daghlian and the testimony and exhibits received at the public hearing, the City Council of the City of Englewood, as the local licensing authority, does hereby make and adopt the following findings and conclusions: 1. The applicants own the following described real property: Lots 17 to 20, inclusive, Block 2, ENGLEWOOD, also known and numbered as 3542 South Fox Street, County of Arapahoe, City of Englewood, State of Colorado. 2 . That all legal notices, publications, and postings with reference to the public hearing were proper and consistent with the requirements of Article 47, Title 12, CRS'73, as amended . 3. That the City Council designated an area of one (1) mile in radius as the "neighborhood" to be considered in granti ng the app licants' request for the said hotel and restaurant license. 4. Mr. Max Scott, President of Oedipus, Inc., 1200 Pearl Street, Boulder, Colorado, testified that he was employed by the City to I • • ( ( ( • • • •' • conduct a survey to determine the needs and desires of the residents of the neighborhood. He submitted seven petition packets together with a report of the survey. The results of the Oedipus survey revealed that 1052 total contacts were attempted and of that figure 406 were not at home, but that 646 actual contacts were made within the defined neighborhood. Of the 646 actually contacted, 383, or 59.29% signed the petition stating that the needs and d esires of the neighborhood were not met; 93 signed in opposition stating that the needs and desires of the neighborhood were met and signed the petition against the issuance of a license. Four refused to sign and said that the needs and desires of the neighborhood were met. Of the 166 r e maining contacts, 53 preferred to remain neutral, 39 would not sign any petition, 39 were not qualified to sign, the remainder gave other miscellaneous reasons for not signing the petition e ither for or against the issu-ance of the license. 5. Numerous persons appeared in favor of issuance of the license stating that the needs and desires of the neighborhood were not met. 6. No one appeared in opposition to the issuance of the license. City Council finds that there are six similar outlets to that requested by the applicant currently holding a hotel and restaurant license. Further , the Council finds, from the record and hearing, that the reasonable needs of the community for hotel and restaurant license in the defined neighborhood are not being adequately met by existing outlets. NOW, THEREFORE, BE IT RESOLVED, BASED UPON THE FOREGOING AND THE ENTIRE RECORD AND THE EVIDENCE CONTAINED HEREIN, THE APPLICATION OF PAUL H. DAGHLIAN AND SHAKE' T. DAGHLIAN, DOING BUSINESS AS PAUL'S RESTAURANT & PIZZERIA, FOR THE ISSUANCE OF A HOTEL AND RESTAURANT LICENSE TO BE LOCATED AT 3542 SOUTH FOX STREET, ENGLEWOOD, COLORADO, SHOULD BE AND IS HEREBY GRANTED. ADOPTED AND APPROVED this ______ day of ----------------' 1979. Attest: Mayor ex officio City Clerk-Treasurer -2- I • ( • • • • I, William D. James, ex officio City Clerk-Treasurer of the ~ity of Englewood, State of Colorado, hereby certify that the above ~s a true, accurate, and complete copy of Resolution No. ______ __ Series of 1979. ex officio City Clerk-Treasurer -3- • I • ( ( • • • • RESOLUTION NO. SERIES OF 1979 ____ _ A RESOLUTION APPROPRIATING $50,000 FROM THE WATER FUND TO THE ADMINISTRATIVE AND GENERAL ACCOUNT TO PROVIDE AN EMERGENCY FUND TO ASSIST IN DEFRAYING THE COST OF THAWING WATER SERVICE LINES AND TO ESTABLISH QUALIFICATIONS FOR COMPENSATION THEREFOR. WHEREAS, the winter of 1978-79 was one of the most severe in the history of the City of Englewood; and WHEREAS, the extreme and extended cold temperatures caused the free zing of numerous house service lines and water for domestic use was unavailable for extended periods of time to many residents and citizens of the City; and WHEREAS, the City Council finds and determines that the extreme winter temperatures caused personal and financial hard- ship to large numbers of citizens and residents of the City of Englewood in thawing water service lines in the public right-of- way and that a public emergency exists; and WHEREAS, pursuant to Section ~of Article X of the Home Rule Charter, the Council may, in meeting public e mergenci e s caused by an act of God, authorize the expenditure of funds in excess of the budget by adopting a resolution on two-thirds vote of the City Council; NOW, THEREF ORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. Appropriation. That the sum of Fifty Thousand Dollars ($50,000) shall be appropriated from the "Water Fund" to an account designated as "Administrative and General Account of the Water Fund" to be used exclusively in defraying the costs incurred by owners and occupants of residential property in thawing frozen water service lines within the public right-of-way of the City of Englewood. Section 2. Qualifications for Compensation. That the owner or occupant of residential property who became liable for and expended funds to thaw frozen water service lines in the public right-of-way for their homes or residences shall, upon application to the Water Division of Department of Utilities , be reimbursed for their expenses based upon the follow- ing gross annual income formula: (a) Very Low Income (b) Low Income (c) All Others 100% reimbursement 75% reimbursement 50% reimbursement • I • - • ( • • • • ~~. Definitions. The terms "Low Income" and "Very Low Income" are defined as follows: Number of Low Income Very Low Persons Limits Income Limits 1 $ 9,900 $ 6,200 2 11, 350 7,100 3 12 ,750 7,950 4 14,150 8,850 5 15,050 9,550 6 15,950 1 0,250 7 16 ,8 00 10,950 8 17,700 11,700 9 17, 700 11, 700 10 17 ,700 11,700 Section 4. Application -Expenditures Disallowed. (a) No applicant shall be reimbursed for expenditures hereinabove described without first submitting application therefor on a form provided by the Water Division of Department of Utilities complete with all the necessary information for said Department to process the applicant 's claim. (b) No applicant shall be reimbursed where : (1) the applicant has received or will receive insurance payments to defray the cost of thawing, repairing, or replacing broken water service lines; (2) where a dispute exists between the property owner or occupant and a third party making claim for services in thawing lines as to the amount owing until such time as the dispute between said parties is resolved. Section 5 . Water Division - Department of Utilities . The Water Division of the Department of Utilities, with the approval of the City Manager , shall make such reasonable rules and regulations, not inconsisten t with the provisions of -2- • I • ( • • • • this resolution, that will enable it and the City to make a determination as to the validity and correctness of applicant's claim. Section 6. Deadline to File Claims. All property owners or occupants of residential properties who may be entitled to receive compensation under the provisions of this resolution shall file said application with the Water Division of Department of Utilities, 3400 South Elati Street, Englewood, Colorado 80110, no later than the close of business on Tuesday, July 31, 1979. No application shall be accepted nor shall any compensation be paid thereafter. ADOPTED AND APPROVED this ______ day of May, 1979. Mayor ATTEST: ex officio City Clerk-Treasurer I, William D. James, ex officio City Clerk-Treasurer of the City of Englewood, State of Colorado, hereby certify that the above is a true, accurate, and complete copy of Resolution No. , Series of 1979. ex officio City Clerk-Treasurer -3- • I . • • • • RESOLUTION NO. c;{ I SERIES OF 1979 A RESOLUTION AUTHORIZING MACLEE RADIO, INC. AND WESTERN BROADCASTING CORPORATION A THREE MONTH EXTENSION OF THE L.'~ASE OF JANUARY 1, 1972. WHEREAS, on January 1, 1972, the City of Englewood, Colorado, entered into a written lease agreement with MacLee Radio, Inc. for a term of ten (10) years, as is more fully set forth in said lease, for the use by MacLee as a radio trans- mitter building and tower antenna for general radio station operation; and WHEREAS, the City Council of the City of Englewood, by Resolution No. 39, Series of 1977, adopted and approved on September 6, 1977, terminated said lease pursuant to paragraph 10 thereof to be effective on September 12, 1979; and WHEREAS, the Lessee has requested to remain in possession of the demised premises in order to comply fully with Federal Communication Commission regulations; and WHEREAS, the City Council finds and determines that the granting of an extension of December 31, 1979 will not interrupt orderly development of the recreation area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That MacLee Radio, Inc. and Western Broadcasting Corporation are hereby authorized to hold over, from month-to-month only, under that certain lease of January 1, 1972, for a period of three months but to vacate said premises not later than December 31, 1979. Section 2. That the provisions of Section 12 of said lease, entitled "Holding Over", provides for an accelerated rental in the amount • I • • • • • • • of Two Hundred Seventy Dollars ($270) per month, which s um shall be paid to Lessor according to the tenor of said l e as e . All other terms, covenants, and conditions contained in said lease remain the same. ADOPTED AND APPROVED this 7th day of May, 1979. Mayor Attest: ex officio city Clerk-Treasurer I, William D. James, ex officio City Clerk-Treasurer of the City of Englewood, State of Colorado, hereby certify that the above is a true, accurate, and complete copy of Resolution No. ~ \ , Series of 1979. Vl ex officio City Clerk-Treasurer -2- • I • • - • ( • • • • Andy McC own, City Manager INJB..OMcl •••CU~eUM DAll: ~ Kells Waggoner, Director of Public Works ~~. Speed Limit on Elati Street May 2, 1979 By your memo of April 18, 1979,we were asked to review the speed limit on Elati Street from Hampden to Floyd. Our Traffic Engineer has completed the study (copy attached). The results are that the existing speed limit, 25 mph, is appropriate for the area and there are adequate gaps between vehicles for pedestrians to cross. There are two cross walks across Elati in this area and in our opinion they are placed at the most appropriate locations. The one at Girard does need restriped, and we will have that done as soon as possible. I have talked to Chief Holmes, and he agrees with the results of the study, but did indicate that he would try some selective enforcement to bring the speed back down to the posted limit. t:c~~_<_."Y' ··--~ells Waggoner, ~­ Director of Public Works KW:bjs Attachment • I • INTEl .OfFICE MEMORANDUM Kel ls Waggoner, Director of Public Works • • - DA~ May 1, 1979 R~ Joseph B. Plizga, Traffic Engineer ~~. Speed Study -Elati Stree t Between Hampden and Floyd • Contrary to what most people think, speed limits are not determined by posting a sign and expecting e v e ryone to "obey the law", and drive at that particular speed . S peed limits, in order to be effective, must be accepted by the public as reasonable for the surrounding conditions and should not pose an undue restraint upon the freedom of the driver to choose his own safe speed. Eighty-five percent of all drivers will drive at or below the properly posted speed limit. Therefore, based on physical features, accident exp~rience and the 85th percentile speed, a speed limit is established for a given section of roadway. On the 19th of April, 1979, I conducted a speed stu dy duri ng the morning and afternoon hours of all northbound and south- bound vehicles on Elati Street between Hampden and Floyd , using a calibrated electronic speed gun certified for law enforcement use. The 85th percentile speed was 30 MPH for the morning traffic and 29 MPH for the afternoon traffic, which is approximately 5 MPH faster than the present posted speed limit of 25 MPH. Another criteria in determining the posted speed limit is to examine the frequency and number o f accidents along a given segment of roadway. After examining all accidents occurring along the subject location dur ing 197 9 , I found four accidents that might be attributed to excessive speed, two of which were during ice and snow conditions . One of the other two accidents occurred when a vehicle was rear- ended while stopped at a pedestrian crosswalk and the other accident occurred when a vehicle failed to yield the right of way while entering Elati St. from a driveway. None of the accidents involved any pedestrians and were not excessive for this specific segment o f roadway. In order to determ i ne if pedestrians were being subjected to excessive delays, I conducted a pedestrian gap study , whereby I located the areas of pedestrian crossings and determined the amount of time a person must wait pr i or to crossing the street. Most studies indicate that a pedestrian will wait approximately s ixty s econds at a n uncontrolled crossing area (no traffic signal) before becoming impatient, • I • • - • • • • • • and taking unnecessary chances crossing the s treet . My results indicate that most ped e strians cross Elati Street at the painted crosswalks in front of City Hall and on the north corner of Girard. Ap p roximately 83 % of the pede s trians encountered no delay at all prior to cross i n g Elati Street while 2 % had to wait between 20 and 25 seconds before cross- ing the street. The average delay before crossing Elati Street between Floyd and Hampden was approximately two seconds. This study was conducted for approximately two hours during the morning peak, lunch time peak and evening peak . Therefore, in conclusion I feel that the present s peed limi t along Elati Street between Hampden and Floy d is j u st and should not be lowered or raised. If the speed limit is lowered, enforcement will be difficult, if n ot impossible, and driver regard for other speed limit signing, especially in areas of schools and playgrounds could be seriously jeopardized. The Model Traffic Code for Colorado Munici- palities, which the City of Englewood has adopted by ordinance establishes that the lawful speed within business districts shall be twenty-five miles per hour. ~. / . J !. ;-.~~·l'· e 1 "'dt'~ ~os~ph B. Pli zg a Traffic Eng ineer JBP:bjs • I • • • • • .. RESOLUTION NO. ---------' SERIES OF 1979. 8 A RESOLUTION SUPPORTING THE DENVER REGION ELEMENT OF THE STATE IMPLEMENTATION PLAN THROUGH COMMITMENT TO IMPLEMENT SPECIFIC AIR POLLUTION CONTROL MEASURES AND TO CONSIDER FOR IMPLEMENTATION THOSE ADDITIONAL MEASURES RECOMMENDED AS THE RESULT OF FURTHER EVALUATIONS TO BE CONDUCTED UNDER THE CON- TINUING AIR QUALITY PLANNING PROCESS. WHEREAS, the City of Englewood, Colorado is located within the six county Denver Region (Denver, Jefferson, Adams, Arapahoe, Boulder and Douglas Counties) which has been desig- nated by the State and EPA as an air quality non-attainment area, and WHEREAS, the Denver Regional Council of Governments (DRCOG), as the designated lead agency for air quality planning in the Denver Region has prepared the Denver Region Element of the State Implementation Plan, and WHEREAS, the State Air Pollution Control Commission has adopted and transmitted to the Environmental Protection Agency the Denver Region Element prepared by the Denver Regional Council of Governments with some substantive changes, and WHEREAS, the Denver Region Element of the State Im- plementation Plan proposes that local governments have a smoking vehicle ordinance, purchase fleet replacement vehicles which are modified for high altitude, if available, and require in subdivision ordinances the provision of adequate bicycle facilities which facilitate movement between residential and activity areas and also require the provision of adequate and secure bicycle storage facilities at new commercial and public buildings, and WHEREAS, the Denver Regional Council of Governments has prepared a work program for the evaluation, leading to recommendations, of additional air pollution control measures identified in the Denver Region Element of the State Implementa- tion Plan, including the evaluation of variable work hours, vanpooling, high occupancy vehicle lanes, traffic controls and particulate controls and the preparation of a Regional Bicycle Plan, a Regional Parking Management Plan and an Air Quality/ Land Use Assessment Handbook, and WHEREAS, the continuing Air Quality Work Program will be performed in accordance with the Schedule contained in the Program Prospectus for Air Quality Implementation Planning. • I • - • • • • • NOW, THEREFORE , BE IT RESOLVED by the City of Englewood, Colorado, that: l, The City supports the Denver Region Element of the State Implementation Plan prepared by the Denver Regional Council of Governments. -2- 2, The City shall, by July 1, 1979, consider the development, implementation and enforcement of the necessary ordinances, policies and programs as identified above and as proposed for local governments by the Denver Region Element of the State Implementation Plan prepared by the Denver Regional Council of Governments. 3, The City shall participate in the continuing Air Quality Program to be carried out by the Denver Regional Council of Governments for the evaluation of additional air pollution control measures as identified in the Denver Region Element of the State Implementation Plan prepared by the Denver Regional Council of Governments. 4, The City shall actively consider development, implementation, enforcement of such ordinances, policies and programs which may be required to effectively implement the recommendations which result from the evaluation of additional measures identified in the Denver Region Element of the State Implementation Plan prepared by the Denver Regional Council of Goverruaents, AOOPI'ED AND APPROVED TillS ?th day of ~fit, 1979, Mayor ATTEST: Deputy City Clerk I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. , Series of 1979, Deputy City Clerk • I • • • • • TO: FROM: DATE: • • • City Managi'JM~~n Richard S.,~s~, Director of Community Development April 11, 1979 SUBJECT: State Air Quality Control Plan Attached is a copy of a model resolution that the City of Englewood is being asked to pass in support of the Denver Region Eleaent of the State Implementation Plan (SIP) for Air Quality Control. I have also attached a summary of the Federal Clean Air Act requiremrr1 ·, a brief description of the State Implementation Plan, and an assessment of how this Plan could impact Englewood. The Denver Region Element of this Plan was prepared and ap- proved by DRCOG. It calls on local communities to suppert the Denver Region Element by resolution by May 1, 1979, and to consider the adoption and implementation of various other measures needed to control air pollution at a later date. Many of the recommendations contained in the Plan have not been worked out in enough detail to implement yet. These iteaa, such as street cleaning and winter sanding practices, street paving, pa_rking controls, staggered work hours, are now the subject of intensive study by DRCOG. The resolution does not require that we adopt these items but that we only support further study relating to them and that when the studies are completed that we "actively consider develorment, implementation, and enforcement of such ordinances, policies and programs which may be required to effectively implement the recommendations which result from the evaluation of [these] additional measures ••• " The resolution does require that we "by July 1, 1979, con- sider the development, implementation and enforcement of ••• [the following]:" 1. A smoking-vehicle ordinance. 2. A policy to purchase fleet replacement vehicles which are modified for high altitude, if available. 3. An amendment to the subdivision ordinance requiring the provision of adequate bicycle facilities. ---------------• I • • • City Manager McCown Page -2- April 11, 1979 • • • DRCOG is apparently developing a model smoking-vehicle ordinance to be used region-wide, Chief Holmes is aware of this provision and would be responsible for its implementation, Al Rhoades, Acting Purchasing Agent, has reviewed the requirements for vehicles modified for high altitude areas and has recommended the policy in his attached memo, The last provision regarding changes in the subdivision ordinance will be brought before the Planning Commission for study, They will make their recom- mendations to Council, Because of Englewood's limited sub- division activity, these changes should not be very complicated, There are several unresolved questions that I have previously mentioned, Because of the potential impact of these items on the City of Englewood, both in terms of administrative time and potential cost, I have, at your direction, met with all affected City Departments to inform them of the State Imple- mentation Plan, We have also tentatively assigned each af- fected department the responsibility of ~nitoring those items that have a potential impact on their operation, I would intend to meet with this group periodically to assess any progress or potential impact and report to you as necessary. I feel that through this procedure, we can avoid any surprises, as well as avoid any chance of being in non-compliance, gw cc: D. A. Romans B. s. Young • I • • • • • .. RESOLUTION NO. --~~-'7~---· SERIES OF 197 9. A RESOLUTION SUPPORTING THE DENVER REGION ELEMENT OF THE STATE IMPLEMENTATION PLAN THROUGH COMMITMENT TO IMPLEMENT SPECIFIC AIR POLLUTION CONTROL MEASURES AND TO CONSIDER FOR IMPLEMENTATION THOSE ADDITIONAL MEASURES RECOMMENDED AS THE RESULT OF FURTHER EVALUATIONS TO BE CONDUCTED UNDER THE CON- TINUING AIR QUALITY PLANNING PROCESS. WHEREAS, the City of Englewood, Colorado is located within the six county Denver Region (Denver, Jefferson, Adams, Arapahoe, Boulder and Douglas Counties) which has been desig- nated by the State and EPA as an air quality non-attainment area, and WHEREAS, the Denver Regional Council of Governments (DRCOG), as the designated lead agency for air quality planning in the Denver Region has prepared the Denver Region Element of the State Implementation Plan, and WHEREAS, the State Air Pollution Control Commission has adopted and transmitted to the Environmental Protection Agency the Denver Region Element prepared by the Denver Regional Council of Governments with some substantive changes, and WHEREAS, the Denver Region Element of the State Im- plementation Plan proposes that local governments have a smoking vehicle ordinance, purchase fleet replacement vehicles which are modified for high altitude, if available, and require in subdivision ordinances the provision of adequate bicycle facilities which facilitate movement between residential and activity areas and also require the provision o f adequate and secure bicycle storage facilities at new commercial and public buildings, and WHEREAS, the Denver Regional Council of Governments has prepared a work program for the evaluation, leading to recommendations, of additional air pollution control measures identified in the Denver Region Element of the State Implementa- tion Plan, including the evaluation of variable work hours, vanpooling, high occupancy vehicle lanes, traffic controls and particulate controls and the preparation of a Regional Bicycle Plan, a Regional Parking Management Plan and an Air Quality/ Land Use Assessment Handbook, and WHEREAS, the c ontinuing Air Quality Work Program will be performed in accordance with the Schedule contained in the Program Prospectu s f o r Air Quality Implementation Planning. • I • • • • • - NOW, THEREFORE , BE IT RESOLVED by the City of Englewood, Colorado, that: 1. The City supports the Denver Region Element of the State Implementation Plan prepared by the Denver Regional Council of Governmen ts, -2- 2. The City shall, by July 1, 1979, consider the development, implementat i on and en force men t of the necessary ordinances, policies and programs as identi f ied above and as proposed for local governments by the Denver Region Element of the State Implementation Plan pre pared by the Denver Regional Council of Governments . 3. The City shall participate in the continuing Air Quality Program to be carried out by the Denver Regional Council of Governments for the evaluation of additional air pollution control measures as identified in the Denver Region Element of the State Implementation Plan prepared by the Denver Regional Council of Governments. 4. The City shall actively consider development, implementation, enforcement o f such ordinances, policies and programs which may be required to effectively implement the recommendations which result from the evaluation of additional measures identified in the Denver Region Element of the State Implementation Plan prepared by the Denver Regional Council of Governments. ADOPI'ED AND APPROVED THIS ~ day of~' 1979. Mayor ATTEST: Deputy City Clerk I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Co lorado, do hereby certify th at the above and f oregoing is a true, accurate and complete copy of Resolution No. , Series of 1979. Deputy City Clerk I • ( • • • • TO: Ci t y Managj1JM~~n FROM: DATE: Richard S.,~s~, Director of Community Development April 11, 1979 SUBJ ECT: State Air Quality Control Plan Attached is a copy of a model resolution that the City of Englewood is being asked to pass in support of the Denver Region Element of the State Implementation Plan (SIP) for Air Quality Control. I have also attached a summary of the Federal Clean Air Act requiremrr 1 ·, a brief description of the State Implementation Plan, and an assessment of how this Plan could impact Englewood. The Denver Region Element of this Plan was prepared and ap- proved by DRCOG. It calls on local communities to support the Denver Region Element by resolution by May 1, 1979, and to consider the adoption and implementation of various other measures needed to control air pollution at a later date. Many of the recommendations contained in the Plan have not been worked out in enough detail to implement yet. These items, such as street cleaning and winter sanding practices, street paving, parking controls, staggered work hours, are now the subject of intensive study by DRCOG. The resolution does not require that we adopt these items but that we only support further study rela t ing t o them and that when the s t udies are complete d tha t we "act ively consider development, im plementa t io n , a nd enforcement of su ch ordi nances, policies and p rog rams which may be r e quired to e f f e ctive ly implement the recomm e ndatio ns wh i ch r e su lt from the evalu a t ion o f [these] addition al me asures ••• " The r e s o lu tio n do es r e qu ire th a t we "by July 1 , 1979, con- sid er the de ve l opment, implement a tio n a nd e n f orcement of ••• [the f ollowing]:" 1. A smoking -ve hic le o rdinanc e. 2. A policy to purchas e fleet replaceme n t vehicles which are modi f ied f or high a l titude , if available. 3. An amendm e nt t o t h e su bdiv is i on ordinance requiring the provision of a de qua t e bicycle facilities . ·-----·----- I • • • City Manager McCown Page -2- April 11, 1979 • • • DRCOG is apparently developing a model smoking-vehicle ordinance to be used region-wide. Chief Holmes is aware of this provision and would be responsible for its implementation. Al Rhoades, Acting Purchasing Agent, has reviewed the requirements for vehicles modified for high altitude areas and has recommended the policy in his attached memo. The last provision regarding changes in the subdivision ordinance will be brought before the Planning Commission for study. They will make their recom- mendations to Council. Because of Englewood's limited sub- division activity, these changes should not be very complicated, There are several unresolved questions that I have previously mentioned. Because of the potential impact of these items on the City of Englewood, both in terms of administrative time and potential cost, I have, at your direction, met with all affected City Departments to inform them of the State Imple- mentation Plan. We have also tentatively assigned each af- fected department the responsibility of monitoring those items that have a potential impact on their operation, I would intend to meet with this group periodically to assess any progress or potential impact and report to you as necessary. I feel that through this procedure, we can avoid any surprises, as well as avoid any chance of being in non-compliance. gw cc: D. A. Romans B. S, Young • I . ( • • • • M E M ORANDUM TO : Honorable Mayor and Members of the City Council FROM: Andy McCown, City Manager DATE : May 3, 1979 SUBJECT : Six-Quarter Budget -April 1979 through September 1980 Enclosed is the recommended Six-Quarter Budget for April 1979 through September 1980. A resolution adopting the Six-Quarter Budget is also presented for your consideration. The format of the Six-Quarter Budget has been changed and is presented on one table. I will review this new format with you briefly at the study session on May 7, 1979. The following are recommended changes to the Six-Quarter Budget: 1979 Changes Zuni Street -This project originally had a budget of $65,000. Current estimates indicate that only $50,000 is needed for this project. Therefore, this project has been reduced by $15,000 and the funds are being re-appropriated to the Council-Court facility. Road & Bridge (Previously Street Overlay Program) -This account is for the street overlay program. Last year, funds were budget- ed in both the PIF and General Fund for this purpose. The Gen- eral Fund receives monies from the County for street and bridge improvement. These monies are received under the Road & Bridge Fund revenue account and appropriated to the Public Works Bud- get in the General Fund. We are recommending that for more accountability and control of the street overlay program that the General Fund monies for this purpose be appropriated in the PIF . This transfer of fund is shown in the 3rd quarter of 1979 and again in the 3rd quarter of 1980. This transfer will add $70,580 to the street overlay program in the PIF and said amount will be reduced in the General Fund . River Development -The Council has been informed of the bud- get problems relating to the construction of the second nine holes for Englewood's golf course. At the last study session, the Council approved alternative number six whereby the Water Fund would pay for Atchison Ranch. As a result of that action, we recommend that the $300,000 that was earmarked from the General Fund for payment of the Atchison Ranch be trans- ferred to the PIF and further $275,000 be appropriated to the • I • - • • • • Honorable Mayor and Members of the City Council Six Quarter Budget May 3, 1979 Page 2 golf course. We are continuing to maintain $200,000 re- serve for the use in the Water Fund, if needed, and in parti- cular for the replacement of the frozen lines. Council-Court Remodelin~ -Council at a prior study session also approved an additional49,000 for the Council-Court remodeling. I have attached a portion of a memo dated February 15, 1979 that stipulated the source of funds for this additional $49,000. This additional appropriation is reflected in the 2nd quarter of 1979. Sidewalk Repairs -This is a new account for emergency repairs of sidewalks. It is estimated that this program could cost $20,000. The funds budgeted ($6,000) in the 3rd quarter of 1979 should cover the City's portion of these emergency repairs. The remaining balance ($14,000) would be assessed to the pro-perty owners. 1980 Changes Projects added for the 3rd quarter of 1980 are as follows: Little Dry Creek Road & Bridge $100,000 70,000 The above projects are part of the Five Year Capital Improve- ment Program as approved by Council in the 1979 Budget. Siflcerely, /jlw attachments. • I • - • • • • Memorandum Mayor and Members of Council February 15, 1979 Page two There is presently $100,000 in the PIF budget. Ot.her funds available to finance this project are: .. $ 100,000 15,000 25,000 6,000 3,000 1f dr(~j/l ( {.1-t~'- VANI.nz_.MccowN City Manager bjs Attachments Current budget Zuni Street est~te is $15,000 below~ current budget of $65,000 Fund balance from Revenue Sharing Funds PIF Fund Balance Additional Use Tax from January 1979 receipts Total funds available • I • • • • • 0 S U QUARTER IIUDGET APRIL 1979 TIWJUGII SEPTEMBEII. 1980 To t al BeMi_nnia& 2nd 3rd 4th Total Funds l st 2nd 3rd Funds Balance Quar t e r Qwn t er Quarter Bud get Ex penditures Availab le Quarter Quarter Qua rt e r Available January 1 --illL --illL ___!ill_ -illL Tbr" 3£79 ---».lJ__ _.illQ_ _ill.Q_ _ill.Q_ _.illQ.___ \.oenera! :t t orm Drainage 6,622 6,622 6,1 25 497 <97 ~l.!rtn Lent ral ill 1 3 ,9 17 13,917 10,114 3 ,803 J ,803 1.-encral Basin 100,000 463,140 5&3 ,140 1.i0 n ~Lhoo l Ba s in 300,000 175,000 475 ,000 470,976 4,0 24 4,024 -lt t: 1~ Dr y t;reek 400,000 100,000 100,000 600,000 39 ,900 560,100 200,000 100 ,000 ijb0,100 .. art~ou th lcp r ovements 1,225 1,225 1,225 I, 22 5 Ir.u i ic Impro vem en ts 8,818 2 5,000 33 ,818 550 33 ,268 J3 ,l68 larkson Street 125,000 100 ,000 225,000 6 224' 944 L.!t. ,944 iaui ,:,cree t •50,000 50,000 50,000 50 ,000 !\Cad & Br idgc 70 ,000 *70 ,580 140,580 140,580 70,000 70,000 280 , 5ij0 l .JV J.n t; 6. Sidewalk (P. D. n7J 200 ,000 200,000 Ci ty Survey 20,000 20,000 20 ,000 20,000 40 ,000 Leb ow :ove . Hr idte 250 250 2 50 250 Leu t enn ial Pa r k 94,000 94,000 93,99 5 93 '9 95 .=tell evil:!w .::»turw H.epair 100 ,000 100,000 100,000 100,000 rldnd.tca!Jpt!\J Play AlJp arac us 24 ,000 24,000 21o ,000 24 '000 :Oli .!.ler buildi_n~ >,191 5 ,191 2,866 2 ,325 l,325 .>inc !d i r Poo l Bd thhouse 7' 785 7. 785 7 . 785 7' 785 ti.ive r :Jeve.lopmen t 3, 238 *610,000 179,736 792' 974 5,887 787,087 100,000 887,08 7 ~c:r.ior Ce nter l4 ,&73 35,264 59.937 32,957 26' 980 26 .980 Senio r ent e r P ar~ing 22 ,500 22,500 22,500 0 0 C.IJ uncil-Court Remodeling 91 '900 *49,000 140,900 117,040 23,860 13,860 La nd Acquisitio n 100 ,000 100,000 100 ,000 100,000 H ~~ ~t atio n V) 50,000 200,000 250,000 250 ,000 250 ,000 fire 1\e scue L:n it 25 ,000 25,000 25,000 25,000 H re Training facilit y 33,000 33,000 33 ,000 33 ,000 :)lde .. <;ll lt Repuirb *6,000 6 ,000 6,000 6 1 ooo [UTAL 5871619 P15811764 584.580 473.736 p 1227 1699 7081926 !2 .51 8117 3 420,000 733 I 140 1701000 p 1841,913 • Additional Approp riation& o r changes ( a • ) a • • • • • • hl:SOLUTION NO. ---~~f~· SERIES OF 1979 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND, REVENUE SHARING FUND , AND GENERAL FUND BUDGETS FOR 1979. WHEREAS, the City Council of the City of Englewood, Colorado, has approved a six quarter budget for the period April 1979 through September 1980; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, as follows: Section 1. The following estimated appropriations and revenues are hereby in the Public Improvement Fund : Source of Funds Road & Bridge Fund $ 70,580 Revenue Sharing 25,000 Use Tax 3,000 PIF Fund Balance 2871000 $ 385,580 Appropriations $ River Development 275,000 Zuni Street (15,000) Road & Bridge Fund 70,580 Council-Court Remodeling 49,000 Sidewalk Repairs 61000 $ 385!580 Section 2 . The following estimated appropriations and revenues are hereby made in the Revenue Sharing Fund : Source of Funds Fund Balance Appropriations Public Improvement Fund (Council-Court Remodeling) 25,000 25,000 • I . • • • • -2 - Section 3. The following estimated appropriations and revenues are hereby made in the General Fund: Source of Funds Road & Bridge § ~70,5802 Appropriations Public Works (Streets) ~ po,sso2 Fund Balance Transfer to Public Improvement $ 3oo 1 ooo Section 4. The City Manager and Director of Finance are hereby authorized to make the above changes to the 1979 budget of the City of Englewood. ADOPTED AND APPROVED THIS 1th day of ~ • 1979 . Mayor ATTEST : ex officio City Clerk-Treasurer I , William D. James, ex officio City Clerk-Treasurer, of the City of En g lewood, Colorado, do hereby certify that the above and fore g oing is a true , accurate and complete copy of Resolution No. ~eries of 1979, passed by City Council on the .!/ill day of O'f , 1979 . ex officio City Clerk-Treasurer • I • • - ( • • • ~~a-1-11 7~ BY AUTHORITY ORDINANCE NO. ____ __ SERIES OF 1979 COUNCIL BILL NO. 21 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE AMENDING SECTION 5(f), CHAPTER 1, TITLE X, OF THE '69 E.M.C., AUT HORIZING THE PARKS AND RECREATION COMMISSION TO APPOINT A SENIOR CITIZENS ADVISORY COMMITTEE AND THE COMMITTEE BE REVIEWED BY COUNCIL AT EVERY THREE YEAR INTERVAL. WHEREAS, it is the desire of the Parks and Recreation Commission to modify the organization and procedures for the Senior Citizens Advisory Committee; NOW, THEREFORE, BE IT O PD AIN ED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Subsection (f) of Section 5, Chapter 1, Title X, of the '69 E.M.C. is hereby amended to read as follows: 10-1-5 : POWERS AND DUTIES The Parks and Recreation Commission shall have the following powers and duties: (f) ~o earry o~~ ~~eh o~her r~"e~~o"~ a"rl rl~e~e~ as may he £rem ~~me ~o e~me rle~~~"aeerl hy irlefteiea% ~ese%~~~eft~ or ehe eiey ee~ftei% aftrl the Board er Erl~eae~e" or Sehee% B~eer~ee Ne. %, Arapahee-eo~ftey. TO APPOINT A SENIOR CITIZENS ADVISORY COMMITTEE TO PERFORM SUCH ADVISORY DUTIES AS MAY BE 0 AUTHORIZED BY THE PARKS AND RECREATION COMMIS- SION. AT EVERY THREE YEAR INTERVAL, CITY COUNCIL SHALL DETERMINE WHETHER THE SENIOR CITIZENS ADVISORY COMMITTEE SHALL CONTINUE FOR A SUBSEQUENT THREE YEAR PERIOD. • ( • Introduced, read in full and passed on first reading on the 2nd d a y of April, 1979. • I • • - • ( • • • • Published as a Bill for an Ordinance on the 4th day of April, 1979. Read by title and passed on final reading on the 16th day of April, 1979. Published by title as Ordinance No. ______ , Series of 1979, on the day of April, 1979. Mayor Attest: ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1979. ex offic~o city Clerk-Treasurer -2- • I • - ( • • • • lt:0 BY AUTHOR I TY ORDINA NCE NO . SERIES OF 1 97 ~9-----COUNCIL BILL NO . 21 INTROD UCED BY COU NCILMAN HARPER AN ORDINANCE AME ND I NG SECTION 5(f), CHAPTER 1 , TITLE X, OF THE '69 E.M.C., AUTHORI ZING THE PARKS AND RECREATION COMMISSI ON TO APPO I NT A SE NIOR CITIZ EN S ADV ISORY COMMITTEE AND THE COMMITTEE BE REVI EWE D BY COUNCIL AT EVER Y THREE YEAR INTERVAL . WHEREAS, it is the desire of the Parks and Recreation Commiss ion to modify the organization and p r ocedures for the Seni or Ci t i z ens Advisory Committee ; NOW, THEREF ORE , BE IT OR Dh iNED BY THE CI TY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, as follow s : S e ct ion 1. That Su b s ection (f) of Section 5 , Chapter 1, Ti t l e X , o f t h e '6 9 E.M .C . is hereby amended to read as f ollows: 10-1-5 : POWERS AND DUT I ES The Park s and Rec reation Co mmi s sion s h a ll h ave the fol l ow i ng powers and duties : (f ) ~e e arry e ~~ ~~eh e~her i~fte~ieft~ aftd d~~ie~ a~ ma y be £rem ~ime ~e ~ime de~i~na~ed by i d e ft~i eai re ~e i ~~i e ft ~ er ~he ei~y ee~fte i i aftd ~ke Beard er E d~ea ~i eft e i Sekeei B i ~~r i e~ Ne. i, A ra~ake e-ee ~ft~y. TO APPOIN T A SENI OR CITIZENS ADVISORY COMMITTEE TO PERFO RM SU CH ADVISORY DUTIES AS MAY BE AUT HORIZED BY THE PARKS AND RECREATION COMMIS- SION . AT EVE RY THREE YEAR I NTERVAL, CITY COUNCIL SHALL DETERMINE WHETHER THE SENIOR CITIZENS ADVI SORY COMMITTEE SHALL CONTINUE FOR A SUBSEQUENT THREE YEAR PERIOD. I n t r oduced , read in f u ll and p assed on first reading on the 2nd day of Apr~l , 1979. • I • • - ( ( • • • • Publi she d as a Bi l l for an Ordinance on the 4th day of April, 1979 . Re ad by title and pas sed on final reading on the 16th day of April , 1 979. P u b l ished by title as Ord inance No . , Series of 1979, on the day of Apri l, 1979. ------- Mayor Attest: ex officio City Cle r k-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1979. ex officio City Clerk-Treasurer -2 - • I • - • ( • Englewood City Council c/o Englewood City Manager's Office 3400 South Elati Street Englewood, CO 8 0 110 • • - En g l e wood Ti res West 4 8 1 5 South Broadwav Engle wood , CO 80110 May 2nd, 1 979 Re : P roposed r e location of the Belleview Fire S tation to b e c onside r d at the May 7th, 1 9 79 meeting of the Englewood City Council . Dear City Council Members: In light of y o ur u p coming review, related t o th e above r e fer e n ced i t err., which is on your ag e nda for your me e ting Monda y e v e ninq I would l ike t o offer the following facts for your consideration. I am a businessman who owns th e Tires West Store on South Broadway and operates this business within the c ity limits of Enql ewood and would like to offer my views on the p roposed relocation o f the Fire Station which is presently located on the north side of Bcllvi cw , a little west of Broadway . Due to the fact that the stree ts are not a wide in the area of the proposed new location (vlest Layton and South Acoma) as is l~est Bellview Avenue there would undoubtedly be a need to post "No Parking S igns" thus hurting business owners in that area, my own b usiness include d. Al s o since neither Layton nor Acoma are through s tree t s f o r any qreat dis tance make s th e n e w location being considered q u e stio nabl e at best. I , as a taxpayer in Englewood, fail to see the r e al bene fits of the p roposednewlocation because the distance is only a ~pr o ximat e ly 4/l Oths of a mile away from the exi s ting facility and th e cos t to the city (the taxpayers) would be a needless $5 00,000. r thank you for vour time in reading of this lette r a n d your consideration of my v iewpoi nts exp r es sed herein would be mu c h a pprecia ted. Sincerely , Ralph G. Backstrom Owner jdm • I • - ( ( ) • Engl e wood City Council c /o Englewood City Manage r's Of f ice 34 0 0 South Elati Stre et Englewood, CO 8 0 110 • • • E n g l ewood T i r s Wes t 481 5 So u th Broa d wa v E n g l e wood , CO 801 10 May 2 nd, 1 9 7 9 Re: Proposed r elocation of the Be lle vi e w F i r e S t ion to be consi d e r e d at the May 7th , 1 9 7 9 me e ting of the En g lewo od Ci ty Co un cil . De ar City Council Members : In light of your upcoming review , r e lated to t he a bov e r efe renc e d it e ~, which is on your agenda for your meeting Monday e v e ning I "o uld l ike t o offe r the f ollowing fa c ts for your c onsiderati on . I am a businessman who owns the Tires West S t o r e o n South Broadway a nd operates this business within the city l imits of Enqlewood and would like to offer my v i e ws on the p ro posed relocatio n o f t h e F i r e S tation wh i ch is pres ently loc ated on th e north side of Be llvi e w , a li ttl e we st o f Broadway. Due to th e fact that the s tre ets are not as wide i n t h are a of the p ropos e d n e w locatio n (\'l e st Layton and South Acoma) as is \~e st Bellview Avenue there would undoubtedly be a n eed to po s t "No Parki n a S igns" thus hurting business owners in that area , my own b u si n es s inc luded. Al s o since neither Layton nor Acoma are thro u gh s tree t s f o r a n y a r e at distance makes t he new location being considere d que stio nable at b es t. I , a s a taxpayer in Eng l e wo o d, fail to s ee the r e al ben e f i t s of th e p ro po s e d new location because the dista nce is o nly approximate l y 4 /l Oths of a mile away from t h e e xisting fa ci l i t y and th e c os t t o t he c ity (the t axpayer s) would b e a needle ss $500 ,000 . I thank you for v our time in r e ading of th is l e t t e r a nd y our c o n s i der atio n o f my viewpoints express ed herein wo uld be mu ch apprec i ate d . S ince rely, Ralph G. Backstrom Owner jdm • I • • • Engle wood City Coun c il c j o E nglewood City Manager 's Office 3400 So uth Elati Street Engl e wo od, CO 8 0 11 0 • • • Eng l e wood Tire s West 4815 Sou th Broa dway Eng l e wood, CO 8011 0 May 2nd , 1 979 Re: P roposed r e l ocation of the Be lleview Fire S tatio n to be con sidered at the May 7th , 1 9 79 me e ting of the Eng l ewood Ci t y Coun ci l. Dear City Council Me mb e r s : In light of your upcoming review , r e lated to the above r eferen ced ite~. whi ch i s on your agenda for your meeting Monday e vening I would like t o o ffer the following facts for your c onsiderati on. I a m a businessman who owns t he '!'i r es West Stor e on Sou t h Broadway and o perates t h is business within th e ci t y l i mits of En q l ewood and wo uld l i ke to offer my views on th e p r o posed relocation of the Fi r e Station wh i ch is presently located on th e north s i d e of Bellview, a little west of Broadway. Due to th e fact that he streets are not as wid e in th e are a of the proposed n e w l ocation (~lest La yton and So uth Acoma) as is \'les t Be ll view Av e nue there would undoubtedly be a n eed to pos t "No Parkinq Signs " thus hurt i ng business own rs in that are a, my o wn b us iness incl uded . Al so since neither Layton nor Acoma are throug h str ee t s for any area t dis tance makes the n ew loc ation being c onsidered a u estionabl e at bes t. I , as a taxpayer i n Engl ewood , fail to see the r e al benef its of the r epos e d n ew l oca ti on because th e d is t ance is o nl y anpr o ximate ly 4 /l Oths of a mi l e away f rom the e x is ting fa ci l ity and th e cos t t o the ci ty (the taxpayers) would be a needless $500,0 00 . I thank you for vo ur t i me in r e ad ing of this lette r and y our cons idera ion o f my v iewpoi nts e x pres s ed herein wo uld be mu ch apprecia t ed. Sincer e ly, Ralph G . Ba cks trom Own e r jdm • I •