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Home My WebLink About1979-07-02 (Regular) Meeting Agenda [1]• CITY COUNCIL MEETING -Regular July 2, 1979 • • - - • • • REGULAR MEETIN G: • • • POLICE/FIRE CENTER CITY OF ENGLE WOOD, COLORADO July 2, 1979 /A The City Council of the City of Englewood, Arapahoe County, Colorado , met in regular session at 7 :30 p.m. on July 2, 1979. Mayor Taylor, presid i n g, called the meeting to order. The invocation was given by Reverend D. Raymond Parry, Hampden Hills Baptist Church, East Dartmouth and South University Boulevard. 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, Smith, Harper, Clayton, Mann, Taylor. Absent: Council Member Weber. The Mayor declared a quorum present. * * * * * * Also present were : City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Acting Director of Community Development Romans Chief of Police Holmes Director of Utilities Fonda Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 18, 1979 . Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Abstain: Council Members Smith, Harper, Mann, Williams, Taylor . None. Council Member Clayton. I • • • • July 2, 1979 Page 2 Absent : • • .. - Council Member Weber. The Mayor declared the motion carried. * * * * * * At the request of Mayor Taylor, Chief of Police Holm e s appeared before Council and read a proclamation praising the heroic efforts of Mark Jacobs, an Englewood Reserve Patrolman, in saving the life of a young woman suffering electrical shock. Mayor Taylor presented the proclama tion to Mark Jacobs, 3655 South Delaware Street. Mr. Jacobs accepted the proclamation and thanked Council for this recognition. COUNCILMAN CLAYTON MOVED TO APPROVE THE PROCLAMATION FOR MARK JACOBS. Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as follow s : Ayes: Nays: Absent : Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. * * * * * * Reverend W. W. Brandt, 4469 South Washington Street, was present and discussed a problem in the alley of the 4400 block between South Pearl and South Washington Street. Mr. Brandt stated the City excavated the alley behind his property approximately 25 feet north of his north line and 25 feet south of his south line for the purposes of correcting a water drain- age problem. Mr. Brandt stated the City excavated 14 inches and as a result he is unable to get his trailer up onto its parking pad. There exists approximately an 11-inch drop. The City crew came back at his request and filled in 2 -3 inches with gravel; but it was not enough. Mr. Brandt suggested that the crew return and excavate 2 -3 inches along the entire block. Councilman Smith suggested that the drop be filled in and sloped to allow Mr . Brandt access to his trailer park- ing pad and at the same time solve any water drainage problems. Mr. Brandt stated he felt the only solution was to excavate the entire alley • I • • • • July 2, 1979 Page 3 • • - COUNCILMAN SMITH MOVED THAT THE CITY SURVEYOR LOOK AT MR. BRANDT'S PROPERTY AND PROVIDE AN ALTERNATIVE WHETHER IT BE MR . BRANDT'S SUGGESTION OR HIS AND COME BACK TO COUNCIL WITH SOME ANSWERS. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. * * * * * * Mr. Eddie Tanguma, Jr., 1020 West Tufts Avenue, was pre- sent as a representative of the Englewood Pirate Band Boosters and discussed his request that Council participate in sponsoring the band at the Rose Bowl Parade. Mr. Tanguma requested those people in the audience who were in support of the band and his request to stand. Approximately 40 people stood up. Mr. Tanguma stated his presence was prompted by an article in the Englewood Herald Sentinel which indicated that Council was not going to financially support the band in its endeavors. He acknowledg- ed that this was not true, that the Council has not taken any action, and offered to meet with the Council in a study session to discuss his request in more detail. COUNCILMAN WILLIAMS MOVED TO SET UP A STUDY SESSION ON AUGUST 6, 1979 TO MEET WITH DR. GIRARDI AND MR. TANGUMA AT 5:00 P.M. Councilman Smith seconded the motion. Mayor Taylor read a letter he wrote to Mr. L. L. Brownewell concerning Council's sponsorship of the Englewood High School Band. The contents of the letter related that the students should try to make as much money this summer as possible to pay their own way first. Council would be happy to help them after they make every effort to help themselves. Mayor Taylor stated Council has not closed the doors on helping the band; the newspaper was wrong. Upon a call of the roll, the vote on Councilman Williams's motion to set up a study session on August 6th resulted as follows: • I • • Ju ly 2 , 1979 Page 4 Ayes : Nays : Absent : • • • Council Members Smith, Harper, Clayton, Williams, Mann, Taylor. None. Council Member Weber. The Mayor declared the motion carried. * * * * * * Mr. Rodney Utz, 3251 South Josephine, Denver, and Mr. William Gilmore, 2934 South Detroit Way, Denver, were present. These gentlemen own The John, 90 West Belleview, and were present to request a 3.2 beer license renewal. Captain Ron Frazier, Englewood Police Department, was present and discussed the police incident reports wherein three incidents of possible license violation were reported but no vio-lations were cited. Councilman Mann asked the City Attorney if there was cause to bring charges against The John for purposes of revocation or suspension of their beer license. City Attorney Berardini stated he would have to review the case and report back to Council. COUNCILMAN MANN MOVED TO DIRECT THE CITY ATTORNEY TO IN- VESTIGATE THE MATTER AND FOR COUNCIL TO SET A STUDY SESSION TO RE- VIEW THE RESULTS OF MR. BERARDINI'S REPORT ON JULY 16, 1979; ALSO THAT BOTH OWNERS REAPPEAR BEFORE COUNCIL AT THE REGULAR MEETING ON JULY 16, 1979 AT WHICH TIME COUNCIL WILL MAKE A FORMAL DECISION CON - CERNING THE BEER LICENSE RENEWAL REQUEST. Councilman Williams sec-onded the motion. Councilman Smith stated he understood there have been numerous nuisance reports concerning The John and requested these reports to be included in the packet of information for the meeting on July 16, 1979. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. I • • • (. • July 2, 1979 Page 5 Absent: • • • Council Member Weber. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors in the audience wishing to speak to Council. Mr. Roger Valaquez, 4500 South Acoma, and Bob Weinstein, 3225 South High, appeared before Council. Mr. Valaquez and Mr. Weinstein are students at Englewood High School. They inquired about the availability of summer jobs through the City since many students who have applied have been turned away. Mayor Taylor stated when he proposed that the City pro- vide a job clearing house, he was told the band parents were doing this. Mayor Taylor stated the City will be happy to help the stu- dents in anyway they can to find jobs; however, the financial sup- port will be determined after every student has made an effort to help himself or herself first. City Manager Mccown stated the City does hire youth for various summer jobs; and generally there are many more applicants than available jobs. Mr. McCown stated most of the jobs were filled early in the year. Mayor Taylor asked if there were any other visitors in the audience wishing to address the Council. No one responded. * * * * * * "Conmrunications -No Action Recormnended" on the agenda were received: (a) (b) (c) (d) (e) Minutes of the Board of Adjustment and Appeals special meeting of May 2, 1979. Minutes of the Denver Regional Council of Governments meeting of May 16, 1979. Minutes of the Housing Authority meeting of May 30, 1979. Minutes of the Planning and Zoning Cormnission meeting of June 5, 1979. Minutes of the Animal Control Cormnittee meet- ing of June 11 and June 25, 1979. * * * * * * • I • • • July 2, 1979 Page 6 • • • Ci ty Manager Mccown pre sent e d a r ecomm e nd at ion f rom t he Planning and Zoning Commission mee ting o f June 19, 1979 conc e rn i n g an amendmer.t t o the Compr e hens ive Zon i n g Ord i n ance Section 22 .7 - 7, Sign Code. Mr. McCown stat e d t h e ame n dme n t r ela tes to t h e p l ace- ment of political s i gns. Dorothy Romans, 3600 South Bannock, Acting Director of Community Development, appeared before Council to answer questions concerning the proposed amendm e nt. In response to Counc i lman Mann's question, Acting Director Romans stated the only place signs can not b e installed are along state and federal highways. Also, i n response to Mr. Mann's question, Ms. Romans stated a public hearing must be held on this recommenda- tion in order to amend the z on i ng ord i nance. COUNCILMAN HARPER MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE INCORPORATING THE RECOMMENDATIONS FROM THE PLANNING AND ZONING COMMISSION AND THAT A PUBLIC HEARING DATE BE SET. Councilman Clayton seconded the motion . Upon a call of the roll, the vote resulted as f ollows: Ayes: Nays: Absent : Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Mem ber Weber. The Mayor declared the motion carried. * * * * * * Director of Utilities Stu Fonda appeared before Council and presented the minutes of the Water and Se wer Board meet i ng of June 26, 1979 and the recomm e ndations contained therein. Director Fonda discussed the Board's recommendation to approve a request f or a water tap ~utside o f the City o f En glewood at 3201 South Zuni Street. COUNCILMAN MANN MOVED TO APPROVE TH E RECOMMENDATION OF THE WATER BOARD GRANTING THE REQUEST FOR A 3/4 INCH DOMESTIC WAT ER TAP FOR PROPERTY OUTSIDE THE CITY LIMITS AT 3201 SOUTH ZUNI STRE ET. Councilman Sm i th seconded the motion. Councilman Smith asked why Councilman Harper had voted against the water tap at the Water Board meeting . I • • • July 2, 1979 Page 7 • • • Councilman Harper stated he was of the opinion service can not continue outside the City until the main is enlarged. Add- ing outside taps would decrease pressure for inside-city users. Councilman Mann stated his reason for granting the re- quest is that all other taps on the same side of Zuni outside the City limits are furnished by Englewood and it was only fair that this applicant be serviced. Also, the City has a moratorium on outside water taps with two exceptions: 1) taps could be granted providing it did not decrease the pressure and 2) providing they did not interfer with the Englewood water system. Mr. Mann stated this request did not violate those exceptions. Director Fonda stated one tap would have no effect on the water system. A large scale request would, however. Mayor Taylor stated the applicant's present occupation indicates a low useage of water. If the applicant should expand his o~erations, he could have a high useage. Mayor Taylor noted staff s recommendation is that Council deny the request. Mayor Taylor stated the applicant has promised to reappear before the Water Board should he change or expand his business. In response to Councilman Smith's question, Director Fonda stated staff recommended denying the request because it could become difficult to serve outside taps if the area inside Englewood continued to develop. In response to Councilman Clayton's question, Director Fonda stated the Denver Water Board has first choice to provide or deny service to this applicant. Mr. Fonda stated he did not think the Denver Water Board would vote to provide service because they would have to install a line to get to the applicant's property. Upon a call of the roll, the vote on Councilman Mann's motion to approve the request for a water tap outside the City at 3201 South Zuni Street resulted as follows: Ayes: Council Members Williams, Smith, Clayton, Mann, Taylor. Nays: Council Member Harper. Absent: Council Member Weber. The Mayor declared the motion carried. I • • • July 2, 1979 Page 8 • • • Director Fonda discussed the Water Board's recommendation to approve a revised Reserve Water District Contract and a request for the Denver Water Board to supply water for the Reserve Water District. Mr. Fonda stated the revision in the Water District Con- tract removes Englewood's responsibility towards maintenance of the water mains. Concerning the request that Denver supply water for the Reserve Water District, Mr. Fonda stated the Denver Water Board was in a better position to supply water and the initiation of action had to be started by Englewood in the form of a request. COUNCILMAN HARPER MOVED TO APPROVE THE REVISED WATER CON- TRACT. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. COUNCILMAN HARPER MOVED TO APPROVE THE LETTER TO THE DENVER WATER BOARD CONCERNING SUPPLYING WATER FOR THE RESERVE WATER DISTRICT. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber, The Mayor declared the motion carried. Director Fonda discussed the Water Board's recommendation to indicate an inclination to participate in the funding of a metro water conservation handbook with the Denver Regional Council of Gov-ernments. COUNCILMAN HARPER MOVED THAT THE CITY COUNCIL APPROVE PARTICIPATION IN THE FUNDING OF A METRO WATER CONSERVATION HAND- BOOK. Councilman Williams seconded the motion. Director Fonda stated the financial participation would be based on population and the estimated cost would be $100 • • I • • • July 2, 1979 Page 9 • • • Mayor Taylor stated such a study was unnecessary. Councilman Smith stated there was already an abundant amount of information published on water conservation. Director Fonda stated his recommendation to participate in the water conservation handbook is based on the need to make people aware of the need to protect the resource of water and to use water conservatively. Councilman Smith spoke against Englewood's submitting to full participation in programs imposed by the Denver Regional Coun-cil of Governments. Director Fonda stated there was no adequate handbook outlining practical information on landscaping buildings, etc., that would help people conserve their useage of water. Councilman Clayton queried participating in a project for which there would be little or no input from the Council. Councilman Clayton stated it would be like "rubber-stamping" the handbook even though it may have contents with which Council disagrees. City Manager Mccown stated it seemed necessary to publish and make available information concerning the conservation of water at the minimal cost of $100. Mr. Mccown stated the City by itself could not publish a handbook for that price. Upon a call of the roll, the vote on Councilman Harper's motion to participate in the funding of a handbook on water con- servation resulted as follows: Ayes: Council Members Harper, Williams. Nays: Council Members Smith, Clayton, Mann, Taylor. Absent: Council Member Weber. The Mayor declared the motion defeated. Director Fonda discussed the Water Board's recommendation to approve the Supplement 110 Greenbelt Sanitation District, COUNCILMAN CLAYTON MOVED TO APPROVE SUPPLEMENT #10 GREEN- BELT SANITATION DISTRICT. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • - • July 2, 1979 Page 10 Ayes : Nays: Absent : • • • Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 8 :55 p.m. Council reconvened at 9 :10 p .m. Mayor Taylor asked for roll call. Upon a call of the roll, the vote resulted as follows: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor . Absent: Council Member Weber. The Mayor declared a quorum present. * * * * * * BY AUTHORITY ORDINANCE NO. 28 SERIES OF 1979 COUNCIL BILL NO. 26 INTRODUCED BY COUNCILMAN MANN AN ORDINANCE AMENDING SECTION 42, ARTICLE IV (GENERAL PROVISIONS; RESTRICTI ONS) OF CHAPTER 3, TITLE XV, OF THE OFFICIAL CITY CODE, RELATING TO THE REPAIR, REPLACEMENT, LOWERING, AND THAWING OF WATER SERVICE LINES WITHIN THE PUBLIC RIGHT -O F-WAY IN THE CITY OF ENGLEWOO D. City Attorney Berardini noted some changes to the ordinance. COUNCILMAN MANN MOVED TO PASS COUNCIL BILLL NO. 26 ON FINAL READING WITH THE FOLLOWING AMENDMENTS AS STATED BY THE CITY ATTORNEY: 1. 15-3-42 (a) (1) STRIKE "WHEN NECESSARY". 2. 15-3-42 (b) STRIKE "OR ANY OTHER GOOD CAUSE". 3 . 15-3-42 (d) STRIKE "SHOULD THAT ACTION BE DEEMED NECESSARY". • I • • July 2, 1979 Page 11 • • • Councilman Smith seconded the motion. Councilman Smith questioned the language under 15-3-42 (a) (1) "option and". Mr. Smith thought for clarity the words should be striken from the section. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. RESOLUTION NO. 25 SERIES OF 1979 * * * * * * A RESOLUTION ACCEPTING THE RESIGNATION OF COUNCILMAN DONALD M. WEBER AND DECLARING A VACANCY IN COUNCIL DISTRICT 2, CITY OF ENGLEWOOD, COLORADO. City Attorney Berardini stated he understood that Mr. Weber had notified the Mayor of his resignation by tele- phone but had not yet submitted a written document which Mr. Weber informed the Mayor he would do. Mr. Berardini suggested the word "delivered" under the third "Whereas" of the resolu- tion be changed to "read". COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 25, SERIES OF 1979, DELETING THE WORD "DELIVERED" IN THE THIRD WHEREAS AND INSERTING THE WORD "READ". Councilman Clayton seconded the motion. Mayor Taylor stated he would have to vote no because neither he nor the City staff have received a letter from Mr. Weber, only a telephone call. Mayor Taylor queried whether Council could accept the resignation without a letter. Mr. Berardini stated he was not aware of any provision in the Charter or the Code requiring resignation from off ice to be submitted in writing and he felt one could abandon office orally. Mr. Berardini offered to research the question if Council chose to do so. • I • • July 2, 1979 Page 12 • • • Councilman Smith stated he thought a public statement was valid without submitting a formal letter. Upon a call of the roll, the vote on Councilman Smith's motion to pass Resolution No. 25, Series of 1979 resulted as fol-lows : Ayes : Nays : Absent: Council Members Smith, Harper, Clayton, Mann, Williams. Council Member Taylor. Council Member Weber. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO PASS THE PROCLAMATION DE- CLARING THE WEEK OF JULY 9 -15, 1979, AS "ENGLEWOOD MUNICIPAL FEDERAL CREDIT UNION WEEK" AND TO CHANGE THE YEAR IN THE FIRST WHEREAS FROM "1959" TO "1979". Councilman Smith second d th motion. Upon a call of the roll, the vote resul ed as follows: Ayes : Nays : Counci l Members Smi h, Harp r, Clay on, Mann, Williams, Taylor . Non e . The Mayor declared the motion carried . * * * * * * City Attorney Berardini discuss ed the judgment of the Supreme Court in the case of Deluxe Theatres, Inc . vs . the City of Englewood. Mr. Berardini stated the Court ruled for the City in defending the levying of a theatre tax. RESOLUTION NO. 26 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 ADDITIONAL PARKING FOR ELSIE MALLEY CENTENNIAL CENTER. City Attorney Berardini noted a change in language under Section 1. Mr. Berardini stated the word "staff" should be changed • I • • July 2, 1979 Page 13 • • • to "Manager and his designee" in the first line and in the third line. COUNCILMAN HARPER MOVED TO PASS RESOLUTION NO. 26, SERIES OF 1979 WITH THE CHANGES NOTED BY THE CITY ATTORNEY. Councilman Williams seconded the motion. COUNCILMAN SMITH MOVED TO AMEND THE MOTION WITH THE FOLLOWING: 1. UNDER SECTION l -IN ADDITION TO THE CHANGES PRO- POSED BY MR. BERARDINI, ADD A COLON FOLLOWING THE WORD "PARCELS" AND DELETE THE REST OF THE PARAGRAPH. 2. UNDER SECTION 2 -ADD THE WORD "AND" AFTER "APPRO- PRIATE" IN THE SECOND LINE ; DELETE THE WORDS "AND .•. AWARDS" IN THE THIRD LINE; SUBSTITUTE THE WORD TAKEN" WITH "PURCHASED" IN THE FOURTH LINE AND DELETE THE REST OF THE PARAGRAPH. Councilman Clayton seconded the motion. Councilman Smith stated he made the amendments because he felt the property was necessary for parking; but it was not necessary for the City to enter into public condemnation should the staff not be able to negotiate for it. Mr. Smith stated the matter was not critical enough to justify eminent domain proceed-Lngs at this time. Councilman Harper disagreed. Mr. Harper stated the matter is critical enough and the City should have the power to take the property. Mr. Harper stated the price may go up and staff could negotiate forever. Counc ilman Clayton stated the property was necessary for the operation of the center to be used by the public. In response to Councilman Mann's question, City Manager Mccown stated the amendment does not give the City power of eminent domain, and it could have a negative impact because the Ci ty would be limited to pay ing no more than the fair market value. The amend- ment could delay action if the matter is referred back to Council for further direction because a price could not be negotiated. Upon a call of the roll, t he vote on the amendment resulted as follows: Ayes : Cou ncil Member Smith. • I • • July 2, 1979 Page 14 Nays : • • - Council Me mber s Ha rp e r, Clayt on , Ma nn, Wi lliams, Tayl o r. The Ma y or d e clare d the motion de f e a t e d. Upon a c all o f the roll, the v o t e on the or i gina l motion made by Councilman Harper resulted as follows: Ayes: Nays : Council Members Harp e r, Clayton, Mann, Williams, Taylor. Counci l Me mb e r Smith. The Mayor declar e d the motion carried. * * * * * * City Attorney Berardini discussed the litigation concern- ing Mathews vs. the City of Englewood involv ing the use of an alley in the 4800 block of South Fox. Councilman Mann asked to be excused from the meeting since the case involved his residence and himself as a private citizen. Council granted Mr. Mann's request. Mr. Berardini stated the litigation concerns the City's right to use a certain portion of the Mathews's property along with other prop e rties along South Elati and South Fox in the 4800 block. Mr. Mathews's maintained that the City has no right to an alley in that location and the City maintained it to be a public alley. The Building Inspector revoked the Mathews's permit to bu i ld a f ence in the location and when Mr. Mathews filed an appeal befor e the Board of Ad j ustme n t and Appeals, the Board upheld the Building Inspector's ac t ion to revoke the permit and not allow Mr. Mathews to build a f enc e . Mr. and Mrs. Mathews have the prop e rty for sale a nd want to withdr a w th e lawsuit against the City and request that the Ci t y withdraw i ts suit for d e clara tory j udgm e nt aga i nst them. Mr. Berardini stated he f elt the question should be r e solved one way or another and should be pursu e d to conclusion. Mr. Ber a rdini recommended the lawsuit not b e withdrawn. He stated if the Mathews do not pursue this matter, whoeve r buys the property may and the issue has to be resolved. COUNCILMAN SMITH MOVED TO CONCUR WITH THE RECOMMENDATION OF THE CITY ATTORNEY. Councilman Harper seconded the motion. Upon a call of the roll, the vote r e su l ted as follows: Ayes : Council Members Smith, Harper, Clayton, Williams, Taylor. • I • - • • July 2, 1979 Page 15 Nays : Absent : • • • None. Counc il Member Mann. The Mayor declared the motion carried. Councilman Mann returned to the meeting. RESOLUTION NO. 27 SERIES OF 1979 * * * * * * A RESOLUTION OF THE CITY OF ENGLEWOOD, COLORADO, SUPPORTING THE CHANNELIZATION OF THE SOUTH PLATTE RIVER AND THE PASSAGE OF THE SENATE BILL 325 WHICH APPROPRIATES STATE FUNDING FOR NECESSARY CHANNEL LAND ACQUISITION AND RELOCATION OF UTILITIES. City Manager Mccown presented a copy of the City of Littleton's Resolution No. 38, Series of 1979 and a copy of a letter from Al Salazar, Assistant City Manager for Littleton supporting the channelization of the South Platte River and the passage of Senate Bill 325. COUNCILMAN HARPER MOVED TO PASS RESOLUTION NO. 27, SERIES OF 1979. Councilman Williams seconded the motion. Councilman Clayton asked if the expenditure of funds required any City funds either matching or otherwise. City Manager Mccown answered it would not. Upon a call of the roll, the vote resu lted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Williams , Taylor. None. The Mayor decl,ared the mot i on carried. * * * * * * There was no further business to be discussed. * * * * * * Mayor Taylor adjourned the meeting without a vote at 10:00 p.m. rty City~r • I • • REGULAR MEETING : • • • POLICE/FIRE CENTER CITY OF ENGLEWOOD, COLORADO July 2, 1979 /A The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session at 7 :30 p.m. on July 2, 1979. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend D. Raymond Parry, Hampden Hills Baptist Church, East Dartmouth and South University Boulevard. 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, Smith, Harper, Clayton, Mann, Taylor. Absent : Council Member Weber. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Acting Director of Community Dev e lopment Romans Chief of Police Holmes Director of Utilities Fonda Deputy City Clerk Watkins * * * * * * COUNC ILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 18. 1979. Councilman Mann se conded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Absta in : Council Members Smith, Harper, Mann , Williams, Taylor . None. Council Member Clayton. • I • • July 2, 1979 Page 2 Absent : • • - Council Member Web er . The Mayor declared the motion carried. * * * * * * At the request of Mayor Taylor, Chief of Police Holmes appeared before Council and read a proclamation praising the heroic efforts of Mark Jacobs, an Englewood Reserve Patrolman, in saving the life of a young woman suffering electrical shock. Mayor Taylor presented the proclamation to Mark Jacobs, 3655 South Delaware Street. Mr. Jacobs accepted the proclamation and thanked Council for this recognition. COUNCILMAN CLAYTON MOVED TO APPROVE THE PROCLAMATION FOR MARK JACOBS. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried, * * * * * * Reverend W. W. Brandt, 4469 South Washington Street, was present and discussed a problem in the alley of the 4400 block between South Pearl and South Washington Street . Mr . Brandt stated the City excavated the alley behind his property approximately 25 feet north of his north line and 25 feet south of his south line for the purposes of correcting a water drain- age problem. Mr. Brandt stated the City excavated 14 inches and as a result he is unable to get his trailer up onto its parking pad. There exists approximately an 11-inch drop. The City crew came back at his request and filled in 2 -3 inches with gravel; but it was not enough. Mr. Brandt suggested that the crew return and excavate 2 -3 inches along the entire block. Councilman Smith suggested that the drop be filled in and sloped to allow Mr. Brandt access to his trailer park- ing pad and at the same time solve any water drainage problems. Mr. Brandt stated he felt the only solution was to excavate the entire alley. • I • • - • July 2, 1979 Page 3 • • • COUNCILMAN SMITH MOVED THAT THE CITY SURVEYOR LOOK AT MR. BRANDT'S PROPERTY AND PROVIDE AN ALTERNATIVE WHETHER IT BE MR. BRANDT'S SUGGESTION OR HIS AND COME BACK TO COUNCIL WITH SOME ANSWERS. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. * * * * * * Mr. Eddie Tanguma, Jr., 1020 West Tufts Avenue, was pre- sent as a representative of the Englewood Pirate Band Boosters and discussed his request that Council participate in sponsoring the band at the Rose Bowl Parade, Mr. Tanguma requested those people in the audience who were in support of the band and his request to stand. Approximately 40 people stood up. Mr. Tanguma stated his presence was prompted by an article in the Englewood Herald Sentinel which indicated that Council was not going to financially support the band in its endeavors. He acknowledg- ed that this was not true, that the Council has not taken any action, and offered to meet with the Council in a study session to discuss his request in more detail. COUNCILMAN WILLIAMS MOVED TO SET UP A STUDY SESSION ON AUGUST 6, 1979 TO MEET WITH DR. GIRARDI AND MR. TANGUMA AT 5:00 P.M. Councilman Smith seconded the motion. Mayor Taylor read a letter he wrote to Mr. L. L. Brownewell concerning Council's sponsorship of the Englewood High School Band. The contents of the letter related that the students should try to make as much money this summer as possible to pay their own way first, Council would be happy to help them after they make every effort to help themselves. Mayor Taylor stated Council has not closed the doors on helping the band; the newspaper was wrong. Upon a call of the roll, the vote on Councilman Williams's motion to set up a study session on August 6th resulted as follows: • I • • - • • July 2, 1979 Page 4 Ayes: Nays : Absent : • • • Council Members Smith, Harper, Clayton, Williams, Mann, Taylor. None. Council Member Weber. The Mayor declared the motion carried. * * * * * * Mr. Rodney Utz, 3251 South Josephine, Denver, and Mr. William Gilmore, 2934 South Detroit Way, Denver, were present. These gentlemen own The John, 90 West Belleview, and were present to request a 3.2 beer license renewal. Captain Ron Frazier , Englewood Police Department, was present and discussed the police incident reports wherein three incidents of possible license violation were reported but no vio-lations were cited. Councilman Mann asked the City Attorney if there was cause to bring charges against The John for purposes of revocation or suspension of their beer license. City Attorney Berardini stated he would have to review the case and report back to Council. COUNCILMAN MANN MOVED TO DIRECT THE CITY ATTORNEY TO IN- VESTIGATE THE MATTER AND FOR COUNCIL TO SET A STUDY SESSION TO RE- VIEW THE RESULTS OF MR. BERARDINI'S REPORT ON JULY 16, 1979; ALSO THAT BOTH OWNERS REAPPEAR BEFORE COUNCIL AT THE REGULAR MEETING ON JULY 16, 1979 AT WHICH TIME COUNCIL WILL MAKE A FORMAL DECISION CON- CERNING THE BEER LICENSE RENEWAL REQUEST. Councilman Williams sec-onded the motion. Councilman Smith stated he understood there have been numerous nuisance reports concerning The John and requested these reports to be included in the packet of information for the meeting on July 16, 1979. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None, • I • • • July 2, 1979 Page 5 Absent: • • • Council Member Weber. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors in the audience wishing to speak to Council. Mr. Roger Valaquez, 4500 South Acoma, and Bob Weinstein, 3225 South High, appeared before Council. Mr . Valaquez and Mr. Weinstein are students at Englewood High School. They inquired about the availability of summer jobs through the City since many students who have applied have been turned away. Mayor Taylor stated when he proposed that the City pro- vide a job clearing house, he was told the band parents were doing this. Mayor Taylor stated the City will be happy to help the stu- dents in anyway they can to find jobs; however, the financial sup- port will be determined after every student has made an effort to help himself or herself first. City Manager McCown stated the City does hire youth for various summer jobs ; and generally there are many more applicants than available jobs. Mr. McCown stated most of the jobs were filled early in the year. Mayor Taylor asked if there were any other visitors in the audience wishing to address the Council. No one responded. * * * * * * "Communications -No Action Recommended" on the agenda were received : (a) (b) (c) (d) (e) Minutes of the Board of Adjustment and Appeals special meeting of May 2, 1979. Minutes of the Denver Regional Council of Governments meeting of May 16, 1979. Minutes of the Housing Authority meeting of May 30, 1979. Minutes of the Planning and Zoning Commission meeting of June 5, 1979. Minutes of the Animal Control Committee meet- ing of June 11 and June 25, 1979. * * * * * * • I • • • July 2, 1979 Page 6 • • • City Manager Mccown presented a recommendation from the Planning and Zoning Commission meeting of June 19, 1979 concerning an amendment to the Comprehensive Zoning Ordinance Section 22.7 - 7, Sign Code. Mr. Mccown stated the amendment relates to the place-ment of political signs. Dorothy Romans, 3600 South Bannock, Acting Director of Community Development, appeared before Council to answer questions concerning the proposed amendment. In response to Councilman Mann's question, Acting Director Romans stated the only place signs can not be installed are along state and federal highways. Also, in response to Mr. Mann's question, Ms. Romans stated a public hearing must be held on this recommenda- tion in order to amend the zoning ordinance. COUNCILMAN HARPER MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE INCORPORATING THE RECOMMENDATIONS FROM THE PLANNING AND ZONING COMMISSION AND THAT A PUBLIC HEARING DATE BE SET. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. * * * * * * Director of Utilities Stu Fonda appeared before Council and presented the minutes of the Water and Sewer Board meeting of June 26, 1979 and the recommendations contained therein. Director Fonda discussed the Board's recommendation to approve a request for a water tap ~utside of the City of Englewood at 3201 South Zuni Street. COUNCILMAN MANN MOVED TO APPROVE THE RECOMMENDATION OF THE WATER BOARD GRANTING THE REQUEST FOR A 3/4 INCH DOMESTIC WATER TAP FOR PROPERTY OUTSIDE THE CITY LIMITS AT 3201 SOUTH ZUNI STREET. Councilman Smith seconded the motion. Councilman Smith asked why Councilman Harper had voted against the water tap at the Water Board meeting • • I • • July 2, 1979 Page 7 • • • Councilman Harper stated he was of the opinion service can not continue outside the City until the main is enlarged, Add- ing outside taps would decrease pressure for inside-city users. Councilman Mann stated his reason for granting the re- quest is that all other taps on the same side of Zuni outside the City limits are furnished by Englewood and it was only fair that this applicant be serviced. Also, the City has a moratorium on outside water taps with two exceptions : 1) taps could be granted providing it did not decrease the pressure and 2) providing they did not interfer with the Englewood water system. Mr. Mann stated this request did not violate those exceptions. Director Fonda stated one tap would have no effect on the water system. A large scale request would, however. Mayor Taylor stated the applicant's present occupation indicates a low useage of water. If the applicant should expand his o~erations, he could have a high useage. Mayor Taylor noted staff s recommendation is that Council deny the request. Mayor Taylor stated the applicant has promised to reappear before the Water Board should he change or expand his business. In response to Councilman Smith's question, Director Fonda stated staff recommended denying the request because it could become difficult to serve outside taps if the area inside Englewood continued to develop. In response to Councilman Clayton's question, Director Fonda stated the Denver Water Board has first choice to provide or deny service to this applicant. Mr. Fonda stated he did not think the Denver Water Board would vote to provide service because they would have to install a line to get to the applicant's property. Upon a call of the roll, the vote on Councilman Mann's motion to approve the request for a water tap outs ide the City at 3201 South Zuni Street resulted as follows: Ayes : Council Members Williams, Smith, Clayton, Mann, Taylor. Nays: Council Member Harper. Absent : Council Member Weber. The Mayor declared the motion carried • I • • • July 2, 1979 Page 8 • • • Director Fonda discussed the Water Board's recommendation to approve a revised Reserve Water District Contract and a request for the Denver Water Board to supply water for the Reserve Water District. Mr. Fonda stated the revision in the Water District Con- tract removes Englewood's responsibility towards maintenance of the water mains. Concerning the request that Denver supply water for the Reserve Water District, Mr. Fonda stated the Denver Water Board was in a better position to supply water and the initiation of action had to be started by Englewood in the form of a request. COUNCILMAN HARPER MOVED TO APPROVE THE REVISED WATER CON- TRACT. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. COUNCILMAN HARPER MOVED TO APPROVE THE LETTER TO THE DENVER WATER BOARD CONCERNING SUPPLYING WATER FOR THE RESERVE WATER DISTRICT. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor . None. Council Member Weber. The Mayor declared the motion carried. Director Fonda discussed the Water Board's recorrnnendation to indicate an inclination to participate in the funding of a metro water conservation handbook with the Denver Regional Council of Gov-ernments. COUNCILMAN HARPER MOVED THAT THE CITY COUNCIL APPROVE PARTICIPATION IN THE FUNDING OF A METRO WATER CONSERVATION HAND- BOOK. Councilman Williams seconded the motion. Director Fonda stated the financial participation would be based on population and the estimated cost would be $100 • • I • • • July 2, 1979 Page 9 • • - Mayor Taylor stated such a study was unnecessary . Councilman Smith stated there was already an abundant amount of information published on water conservation. Director Fonda stated his recommendation to participate in the water conservation handbook is based on the need to make people aware of the need to protect the resource of water and to use water conservatively. Councilman Smith spoke against Englewood's submitting to full participation in programs imposed by the Denver Reeional Coun-cil of Governments . Director Fonda stated there was no adequate handbook outlining practical information on landscaping buildings, etc., that would help people conserve their useage of water. Councilman Clayton queried participating in a project for which there would be little or no input from the Council. Councilman Clayton stated it would be like "rubber-stamping" the handbook even though it may have contents with which Council disagrees. City Manager Mccown stated it seemed necessary to publish and make available information concerning the conservation of water at the minimal cost of $100. Mr. Mccown stated the City by itself could not publish a handbook for that price. Upon a call of the roll, the vote on Councilman Harper's motion to participate in the funding of a handbook on water con- servation resulted as follows : Ayes : Council Members Harper, Williams. Nays : Council Members Smith, Clayton, Mann, Taylor. Absent : Counc il Member Weber. The Mayor declar e d the motion defeated. Director Fonda discussed the Water Board's recomm e ndation to approve the Supplement #10 Greenbelt Sanitation District. COUNCILMAN CLAYTON MOVED TO APPROVE SUPPLEMENT 11 0 GREEN- BELT SANITATION DISTRICT. Councilman Smith seconded the motion. Upon a call of th e r oll , the vote resulted as follows : • I • • • • • July 2, 1979 Page 10 Ayes: Nays : Absent: • • • Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motio~ carried. * * * * * * Mayor Taylor declared a recess at 8:55 p.m. Council reconvened at 9 :10 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the vote resulted as follows: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. Absent : Counc il Member Weber. The Mayor declared a quorum present. ORDINANCE NO. 28 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 26 INTRODUCED BY COUNCILMAN MANN AN ORDINANCE AMENDING SECTION 42, ARTICLE IV (GENERAL PROVISIONS; RESTRICTIONS) OF CHAPTER 3, TITLE XV, OF THE OFFICIAL CITY CODE, RELATING TO THE REPAIR, REPLACEMENT, LOWERING, AND THAWING OF WATER SERVICE LINES WITHIN THE PUBLIC RIGHT-OF-WAY IN THE CITY OF ENGLEWOOD. City Attorney Berardini noted some changes to the ordinance • COUNCILMAN MANN MOVED TO PASS COUNCIL BILLL NO. 26 ON FINAL READING WITH THE FOLLOWING AMENDMENTS AS STATED BY THE CITY ATTORNEY: 1. 15-3-42 (a) (1) STRIKE "WHEN NECESSARY". 2. 15-3-42 (b) STRIKE "OR ANY OTHER GOOD CAUSE". 3. 15-3-42 (d) STRIKE "SHOULD THAT ACTION BE DEEMED NECESSARY". • I • • July 2, 1979 Page 11 • • • Councilman Smith seconded the motion. Councilman Smith questioned the language under 15-3-42 (a) (1) "option and". Mr. Smith thought for clarity the words should be striken from the section. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. RESOLUTION NO. 25 SERIES OF 1979 * * * * * * A RESOLUTION ACCEPTING THE RESIGNATION OF COUNCILMAN DONALD M. WEBER AND DECLARING A VACANCY IN COUNCIL DISTRICT 2, CITY OF ENGLEWOOD, COLORADO. City Attorney Berardini stated he understood that Mr. Weber had notified the Mayor of his resignation by tele- phone but had not yet submitted a written document which Mr. Weber informed the Mayor he would do. Mr. Berardini suggested the word "delivered" under the third "Whereas" of the resolu- tion be changed to "read". COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 25, SERIES OF 1979, DELETING THE WORD "DELIVERED" IN THE THIRD WHEREAS AND INSERTING THE WORD "READ". Councilman Clayton seconded the motion. Mayor Taylor stated he would have to vote no because neither he nor the City staff have received a letter from Mr. Weber, only a telephone call. Mayor Taylor queried whether Council could accept the resignation without a letter. Mr. Berardini stated he was not aware of any provision in the Charter or the Code requiring resignation from office to be submitted in writing and he felt one could abandon office orally. Mr. Berardini offered to research the question if Council chose to do so • I • • • July 2, 1979 Page 12 • • - Councilman Smith stated he thought a public statement was valid without submitting a formal letter. Upon a call of the roll, the vote on Councilman Smith's motion to pass Resolution No. 25, Series of 1979 resulted as fol-lows: Ayes: Nays: Absent : Council Members Smith, Harper, Clayton, Mann, Williams. Council Member Taylor. Council Member Weber. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO PASS THE PROCLAMATION DE- CLARING THE WEEK OF JULY 9 -15, 1979, AS "ENGLEWOOD MUNICIPAL FEDERAL CREDIT UNION WEEK" AND TO CHANGE THE YEAR IN THE FIRST WHEREAS FROM "1959" TO "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, Taylor. None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini discussed the judgment of the Supreme Court in the case of Deluxe Theatres, Inc. vs. the City of Englewood. Mr. Berardini stated the Court ruled for the City in defending the levying of a theatre tax. RESOLUTION NO. 26 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 ADDITIONAL PARKING FOR ELSIE MALLEY CENTENNIAL CENTER. City Attorney Berardini noted a change in language under Section 1. Mr. Berardini stated the word "staff" should be changed • I • ' • July 2, 1979 Page 13 • • • to "Manager and his designee" in the first line and in the third line. COUNCILMAN HARPER MOVED TO PASS RESOLUTION NO. 26, SERIES OF 1979 WITH THE CHANGES NOTED BY THE CITY ATTORNEY. Councilman Williams seconded the motion. COUNCILMAN SMITH MOVED TO AMEND THE MOTION WITH THE FOLLOWING: 1. UNDER SECTION 1 -IN ADDITION TO THE CHANGES PRO- POSED BY MR. BERARDINI, ADD A COLON FOLLOWING THE WORD "PARCELS" AND DELETE THE REST OF THE PARAGRAPH. 2. UNDER SECTION 2 -ADD THE WORD "AND" AFTER "APPRO- PRIATE" IN THE SECOND LINE; DELETE THE WORDS "AND ... AWARDS" IN THE THIRD LINE; SUBSTITUTE THE WORD TAKEN" WITH "PURCHASED" IN THE FOURTH LINE AND DELETE THE REST OF THE PARAGRAPH. Councilman Clayton seconded the motion. Councilman Smith stated he made the amendments because he felt the property was necessary for parking; but it was not necessary for the City to enter into public condemnation should the staff not be able to negotiate for it. Mr. Smith stated the matter was not critical enough to justify eminent domain proceed-~ngs at this time. Councilman Harper disagreed. Mr. Harper stated the matter is critical enough and the City should have the power to take the property. Mr. Harper stated the price may go up and staff could negotiate forever. Councilman Clayton stated the property was necessary for the operation of the center to be used by the public. In response to Councilman Mann's question, City Manager McCown stated the amendment does not give the City power of eminent domain, and it could have a negative impact because the City would be limited to paying no more than the f air market value. The amend- ment could delay action if the matter is referred back to Council for further direction because a price could not be negotiated. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Council Member Smith. • I • • • July 2, 1979 Page 14 Nays: • • - Council Members Harper, Clayton, Mann, Williams, Taylor. The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original motion made by Councilman Harper resulted as follows: Ayes: Nays: Council Members Harper, Clayton, Mann, Williams, Taylor. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Attorney Berardini discussed the litigation concern- ing Mathews vs. the City of Englewood involving the use of an alley in the 4800 block of South Fox. Councilman Mann asked to be excused from the meeting since the case involved his residence and himself as a private citizen. Council granted Mr. Mann's request. Mr. Berardini stated the litigation concerns the City's right to use a certain portion of the Mathews's property along with other properties along South Elati and South Fox in the 4800 block. Mr. Mathews's maintained that the City has no right to an alley in that location and the City maintained it to be a public alley. The Building Inspector revoked the Mathews's permit to build a fence in the location and when Mr. Mathews filed an appeal before the Board of Adjustment and Appeals, the Board upheld the Building Inspector's action to revoke the permit and not allow Mr. Mathews to build a fence. Mr. and Mrs. Mathews have the property for sale and want to withdraw the lawsuit against the City and request that the City withdraw its suit for declaratory judgment against them. Mr. Berardini stated he felt the question should be resolved one way or another and should be pursued to conclusion. Mr. Berardini recommended the lawsuit not be withdrawn. He stated if the Mathews do not pursue this matter, whoever buys the property may and the issue has to be resolved. COUNCILMAN SMITH MOVED TO CONCUR WITH THE RECOMMENDATION OF THE CITY ATTORNEY. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Smith, Harper, Clayton, Williams, Taylor. • I • , ( • July 2, 1979 Page 15 Nays : Absent: • • • None. Council Member Mann. The Mayor declared the motion carried. Councilman Mann returned to the meeting. RESOLUTION NO. 27 SERIES OF 1979 * * * * * * A RESOLUTION OF THE CITY OF ENGLEWOOD, COLORADO, SUPPORTING THE CHANNELIZATION OF THE SOUTH PLATTE RIVER AND THE PASSAGE OF THE SENATE BILL 325 WHICH APPROPRIATES STATE FUNDING FOR NECESSARY CHANNEL LAND ACQUISITION AND RELOCATION OF UTILITIES. City Manager McCown presented a copy of the City of Littleton's Resolution No. 38, Series of 1979 and a copy of a letter from Al Salazar, Assistant City Manager for Littleton supporting the channelization of the South Platte River and the passage of Senate Bill 325. COUNCILMAN HARPER MOVED TO PASS RESOLUTION NO. 27, SERIES OF 1979. Councilman Williams seconded the motion. Councilman Clayton asked if the expenditure of funds required any City funds either matching or otherwise. City Manager Mccown answered it would not. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor decLared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * Mayor Taylor adjourned the meeting without a vote at 10 :00 p.m. • I • - • • REGULAR MEETING: • • • POLICE/FIRE CENTER CITY OF ENGLEWOOD, COLORADO July 2, 1979 /A The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session at 7 :30 p.m. on July 2, 1979. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend D. Raymond Parry, Hampden Hills Baptist Church, East Dartmouth and South University Boulevard. The Pledge of Allegiance was led by Boy Scout Troop 192 . Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. Absent: Council Member Weber. The Mayor declared a quorum present. * * * * * * Also present were : City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Acting Director of Community Development Romans Chief of Police Holmes Director of Utilities Fonda Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 18, 1979. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Abstain : Council Members Smith, Harper, Mann, Williams, Taylor. None. Council Member Clayton. • I • • July 2, 1979 Page 2 Absent: • • - Council Member Weber. The Mayor declared the motion carried. * * * * * * At the request of Mayor Taylor, Chief of Police Holmes appeared before Council and read a proclamation praising the heroic efforts of Mark Jacobs, an Englewood Reserve Patrolman, in saving the life of a young woman suffering electrical shock. Mayor Taylor presented the proclamation to Mark Jacobs, 3655 South Delaware Street. Mr. Jacobs accepted the proclamation and thanked Council for this recognition. COUNCILMAN CLAYTON MOVED TO APPROVE THE PROCLAMATION FOR MARK JACOBS. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Mann, Williams , Taylor. None. Council Member Weber. The Mayor declared the motion carried. * * * * * * Reverend W. W. Brandt, 4469 South Washington Street, was present and discussed a problem in the alley of the 4400 block between South Pearl and South Washington Street. Mr. Brandt stated the City excavated the alley behind his property approximately 25 feet north of his north line and 25 feet south of his south line for the purposes of correcting a water drain- age problem. Mr. Brandt stated the City excavated 14 inches and as a result he is unable to get his trailer up onto its parking pad. There exists approximately an 11-inch drop. The City crew came back at his request and filled in 2 -3 inches with gravel; but it was not enough. Mr. Brandt suggested that the crew return and excavate 2 -3 inches along the entire block. Councilman Smith suggested that the drop be filled in and sloped to allow Mr. Brandt access to his trailer park- ing pad and at the same time solve any water drainage problems. Mr. Brandt stated he felt the only solution was to excavate the entire alley • • I • ( e July 2, 1979 Page 3 • • • COUNCILMAN SMITH MOVED THAT THE CITY SURVEYOR LOOK AT MR. BRANDT'S PROPERTY AND PROVIDE AN ALTERNATIVE WHETHER IT BE MR. BRANDT'S SUGGESTION OR HIS AND COME BACK TO COUNCIL WITH SOME ANSWERS. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. * * * * * * Mr. Eddie Tanguma, Jr., 1020 West Tufts Avenue, was pre- sent as a representative of the Englewood Pirate Band Boosters and discussed his request that Council participate in sponsoring the band at the Rose Bowl Parade. Mr. Tanguma requested those people in the audience who were in support of the band and his request to stand. Approximately 40 people stood up. Mr . Tanguma stated his presence was prompted by an article in the Englewood Herald Sentinel which indicated that Council was not going to financially support the band in its endeavors. He acknowledg - ed that this was not true, that the Council has not taken any action, and offered to meet with the Council in a study session to discuss his request in more detail. COUNCILMAN WILLIAMS MOVED TO SET UP A STUDY SESSION ON AUGUST 6, 1979 TO MEET WITH DR. GIRARDI AND MR. TANGUMA AT 5:00 P.M. Councilman Smith seconded the motion. Mayor Taylor read a letter he wrote to Mr. L . L. Brownewell concerning Council's sponsorship of the Englewood High School Band. The contents of the letter related that the students should try to make as much money this summer as possible to pay their own way first. Council would be happy to help them after they make every effort to help themselves. Mayor Taylor stated Council has not closed the doors on helping the band; the newspaper was wrong . Upon a call of the roll, the vote on Councilman Williams's motion to set up a study session on August 6th resulted as follows: • I • • • July 2, 1979 Page 4 Ayes : Nays : Absent : • • • Council Members Smith, Harper, Clayton, Williams, Mann, Taylor. None. Council Member Weber. The Mayor declared the motion carried. * * * * * * Mr. Rodney Utz, 3251 South Josephine, Denver, and Mr. William Gilmore, 2934 South Detroit Way, Denver, were present. These gentlemen own The John, 90 West Belleview, and were present to request a 3.2 beer license renewal. Captain Ron Frazier, Englewood Police Department, was present and discussed the police incident reports wherein three incidents of possible license violation were reported but no vio-lations were cited. Councilman Mann asked the City Attorney if there was cause to bring charges against The John for purposes of revocation or suspension of their beer license. City Attorney Berardini stated he would have to review the case and report back to Council. COUNCILMAN MANN MOVED TO DIRECT THE CITY ATTORNEY TO IN- VESTIGATE THE MATTER AND FOR COUNCIL TO SET A STUDY SESSION TO RE- VIEW THE RESULTS OF MR. BERARDINI'S REPORT ON JULY 16, 1979; ALSO THAT BOTH OWNERS REAPPEAR BEFORE COUNCIL AT THE REGULAR MEETING ON JULY 16, 1979 AT WHICH TIME COUNCIL WILL MAKE A FORMAL DECISION CON- CERNING THE BEER LICENSE RENEWAL REQUEST. Councilman Williams sec-onded the motion. Councilman Smith stated he understood there have been numerous nuisance reports concerning The John and requested these reports to be included in the packet of information for the meeting on July 16, 1979. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. Nays: None. I • • • July 2, 1979 Page 5 Absent: • • • Council Member Weber. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors in the audience wishing to speak to Council. Mr. Roger Valaquez, 4500 South Acoma, and Bob Weinstein, 3225 South High, appeared before Council. Mr. Valaquez and Mr. Weinstein are students at Englewood High School. They inquired about the availability of summer jobs through the City since many students who have applied have been turned away. Mayor Taylor stated when he proposed that the City pro- vide a job clearing house, he was told the band parents were doing this. Mayor Taylor stated the City will be happy to help the stu- dents in anyway they can to find jobs; however, the financial sup- port will be determined after every student has made an effort to help himself or herself first. City Manager Mccown stated the City does hire youth for various summer jobs; and generally there are many more applicants than available jobs. Mr. McCown stated most of the jobs were filled early in the year. Mayor Taylor asked if there were any other visitors in the audience wishing to address the Council. No one responded, * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) (e) Minutes of the Board of Adjustment and Appeals special meeting of May 2, 1979. Minutes of the Denver Regional Council of Governments meeting of May 16, 1979. Minutes of the Housing Authority meeting of May 30, 1979. Minutes of the Planning and Zoning Commission meeting of June 5, 1979. Minutes of the Animal Control Committ ee meet - ing of June 11 and June 25, 1979. * * * * * * • I • • • July 2, 1979 Page 6 • • • City Manager McCown presented a reconunendation from the Planning and Zoning Conunission meeting of June 19, 1979 concerning an amendment to the Comprehensive Zoning Ordinance Section 22.7 - 7, Sign Code. Mr. Mccown stated the amendment relates to the place-ment of political signs. Dorothy Romans, 3600 South Bannock, Acting Director of Conununity Development, appeared before Council to answer questions concerning the proposed amendment. In response to Councilman Mann's question, Acting Director Romans stated the only place signs can not be installed are along state and federal highways. Also, in response to Mr. Mann's question, Ms . Romans stated a public hearing must be held on this reconunenda-tion in order to amend the zoning ordinance . COUNCILMAN HARPER MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE INCORPORATING THE RECOMMENDATIONS FROM THE PLANNING AND ZONING COMMISSION AND THAT A PUBLIC HEARING DATE BE SET. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. * * * * * * Director of Utilities Stu Fonda appeared before Council and presented the minutes of the Water and Sewer Board meeting of June 26, 1979 and the reconunendations contained therein. Director Fonda discussed the Board's reconunendation to approve a request for a water tap outside of the City of Englewood at 3201 South Zuni Street. COUNCILMAN MANN MOVED TO APPROVE THE RECOMMENDATION OF THE WATER BOARD GRANTING THE REQUEST FOR A 3/4 INCH DOMESTIC WATER TAP FOR PROPERTY OUTSIDE THE CITY LIMITS AT 3201 SOUTH ZUNI STREET. Councilman Smith seconded the motion. Councilman Smith asked why Councilman Harper had voted against the water tap at the Water Board meeting, • I • • - ( • July 2, 1979 Page 7 • • • Councilman Harper stated he was of the opinion service can not continue outside the City until the main is enlarged. Add- ing outside taps would decrease pressure for inside-city users. Councilman Mann stated his reason for granting the re- quest is that all other taps on the same side of Zuni outside the City limits are furnished by Englewood and it was only fair that this applicant be serviced. Also, the City has a moratorium on outside water taps with two exceptions: 1) taps could be granted providing it did not decrease the pressure and 2) providing they did not interfer with the Englewood water system. Mr. Mann stated this request did not violate those exceptions. Director Fonda stated one tap would have no effect on the water system. A large scale request would, however. Mayor Taylor stated the applicant's present occupation indicates a low useage of water. If the applicant should expand his o~erations, he could have a high useage. Mayor Taylor noted staff s recommendation is that Council deny the request. Mayor Taylor stated the applicant has promised to reappear before the Water Board should he change or expand his business. In response to Councilman Smith's question, Director Fonda stated staff recommended denying the request because it could become difficult to serve outside taps if the area inside Englewood continued to develop. In response to Councilman Clayton's question, Director Fonda stated the Denver Water Board has first choice to provide or deny service to this applicant. Mr. Fonda stated he did not think the Denver Water Board would vote to provide service because they would have to install a line to get to the applicant's property. Upon a call of the roll, the vote on Councilman Mann's motion to approve the request for a water tap outside the City at 3201 South Zuni Street resulted as follows : Ayes : Nays : Absent : Council Members Williams, Smith, Clayton, Mann, Taylor. Council Member Harper. Council Member Weber. The Mayor declared the motion carried. • I • • • • • --- July 2, 1979 Page 8 Director Fonda discussed the Water Board's recommendation to approve a revised Reserve Water District Contract and a request for the Denver Water Board to supply water for the Reserve Water District. Mr. Fonda stated the revision in the Water District Con- tract removes Englewood's responsibility towards maintenance of the water mains. Concerning the request that Denver supply water for the Reserve Water District, Mr. Fonda stated the Denver Water Board was in a better position to supply water and the initiation of action had to be started by Englewood in the form of a request. COUNCILMAN HARPER MOVED TO APPROVE THE REVISED WATER CON- TRACT. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. COUNCILMAN HARPER MOVED TO APPROVE THE LETTER TO THE DENVER WATER BOARD CONCERNING SUPPLYING WATER FOR THE RESERVE WATER DISTRICT. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. Director Fonda discussed the Water Board's recommendation to indicate an inclination to participate in the funding of a metro water conservation handbook with the Denver Regional Council of Gov-ernments. COUNCILMAN HARPER MOVED THAT THE CITY COUNCIL APPROVE PARTICIPATION IN THE FUNDING OF A METRO WATER CONSERVATION HAND- BOOK. Councilman Williams seconded the motion. Director Fonda stated the financial participation would be based on population and the estimated cost would be $100 • • I • - • July 2, 1979 Page 9 • • - Mayor Taylor stated such a study was unnecessary. Councilman Smith stated there was already an abundant amount of information published on water conservation. Director Fonda stated his recormnendation to participate in the water conservation handbook is based on the need to make people aware of the need to protect the resource of water and to use water conservatively. Councilman Smith spoke against Englewood's submitting to full participation in programs imposed by the Denver Regional Coun-cil of Governments. Director Fonda stated there was no adequate handbook outlining practical information on landscaping buildings, etc., that would help people conserve their useage of water. Councilman Clayton queried participating in a project for which there would be little or no input from the Council. Councilman Clayton stated it would be like "rubber-stamping" the handbook even though it may have contents with which Council disagrees. City Manager Mccown stated it seemed necessary to publish and make available information concerning the conservation of water at the minimal cost of $100. Mr. Mccown stated the City by itself could not publish a handbook for that price. Upon a call of the roll, the vote on Councilman Harper's motion to participate in the funding of a handbook on water con-servation resulted as follows: Ayes : Council Members Harper, Williams. Nays : Council Members Smith, Clayton, Mann, Taylor. Absent: Council Member Weber. The Mayor declared the motion defeated. Director Fonda discussed the Water Board's recormnendation to approve the Supplement #10 Greenbelt Sanitation District. COUNCILMAN CLAYTON MOVED TO APPROVE SUPPLEMENT #10 GREEN- BELT SANITATION DISTRICT. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: I • • July 2, 1979 Page 10 Ayes: Nays : Absent: • • • Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 8 :55 p.m. Council reconvened at 9:10 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the vote resulted as follows: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. Absent: Council Member Weber. The Mayor declared a quorum present. * * * * * * BY AUTHORITY ORDINANCE NO. 28 SERIES OF 1979 COUNCIL BILL NO. 26 INTRODUCED BY COUNCILMAN MANN AN ORDINANCE AMENDING SECTION 42, ARTICLE IV (GENERAL PROVISIONS; RESTRICTIONS) OF CHAPTER 3, TITLE XV, OF THE OFFICIAL CITY CODE, RELATING TO THE REPAIR, REPLACEMENT, LOWERING, AND THAWING OF WATER SERVICE LINES WITHIN THE PUBLIC RIGHT-OF-WAY IN THE CITY OF ENGLEWOOD. City Attorney Berardini noted some changes to the ordinance. COUNCILMAN MANN MOVED TO PASS COUNCIL BILLL NO. 26 ON FINAL READING WITH THE FOLLOWING AMENDMENTS AS STATED BY THE CITY ATTORNEY: 1. 2. 3. 15-3-42 (a) (1) STRIKE "WHEN NECESSARY". 15-3-42 (b) STRIKE "OR ANY OTHER GOOD CAUSE". 15-3-42 (d) STRIKE "SHOULD THAT ACTION BE DEEMED NECESSARY". • I • July 2, 1979 Page 11 • • • Councilman Smith seconded the motion. Councilman Smith questioned the language under 15-3-42 (a) (1) "option and". Mr. Smith thought for clarity the words should be striken from the section. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. RESOLUTION NO. 25 SERIES OF 1979 * * * * * * A RESOLUTION ACCEPTING THE RESIGNATION OF COUNCILMAN DONALD M. WEBER AND DECLARING A VACANCY IN COUNCIL DISTRICT 2, CITY OF ENGLEWOOD, COLORADO. City Attorney Berardini stated he understood that Mr. Weber had notified the Mayor of his resignation by tele- phone but had not yet submitted a written document which Mr. Weber informed the Mayor he would do. Mr. Berardini suggested the word "delivered" under the third ''Whereas" of the resolu- tion be changed to "read". COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 25, SERIES OF 1979, DELETING THE WORD "DELIVERED" IN THE THIRD WHEREAS AND INSERTING THE WORD "READ". Councilman Clayton seconded the motion. Mayor Taylor stated he would have to vote no because neither he nor the City staff have received a letter from Mr. Weber, only a telephone call. Mayor Taylor queried whether Council could accept the resignation without a letter. Mr. Berardini stated he was not aware of any provision in the Charter or the Code requiring resignation from office to be submitted in writing and he felt one could abandon office orally. Mr. Berardini of f ered to research the question if Council chose to do so. • I • • • July 2, 1979 Page 12 • • • Councilman Smith stated he thought a public statement was valid without submitting a formal letter. Upon a call of the roll, the vote on Councilman Smith's motion to pass Resolution No. 25, Series of 1979 resulted as fol-lows: Ayes : Nays : Absent: Council Members Smith, Harper, Clayton, Mann, Williams. Council Member Taylor. Council Member Weber. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO PASS THE PROCLAMATION DE- CLARING THE WEEK OF JULY 9 -15, 1979, AS "ENGLEWOOD MUNICIPAL FEDERAL CREDIT UNION WEEK" AND TO CHANGE THE YEAR IN THE FIRST WHEREAS FROM "1959" TO "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, Taylor. None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini discussed the judgment of the Supreme Court in the case of Deluxe Theatres, Inc. vs. the City of Englewood. Mr. Berardini stated the Court ruled for the City in defending the levying of a theatre tax. RESOLUTION NO. 26 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 ADDITIONAL PARKING FOR ELSIE MALLEY CENTENNIAL CENTER. City Attorney Berardini noted a change in language under Section 1. Mr. Berardini stated the word "staff" should be changed • I • • - • July 2, 1979 Page 13 • • • to ''Manager and his designee" in the first line and in the third line. COUNCILMAN HARPER MOVED TO PASS RESOLUTION NO. 26, SERIES OF 1979 WITH THE CHANGES NOTED BY THE CITY ATTORNEY. Councilman Williams seconded the motion. COUNCILMAN SMITH MOVED TO AMEND THE MOTION WITH THE FOLLOWING: 1. UNDER SECTION 1 -IN ADDITION TO THE CHANGES PRO- POSED BY MR. BERARDINI, ADD A COLON FOLLOWING THE WORD "PARCELS" AND DELETE THE REST OF THE PARAGRAPH. 2. UNDER SECTION 2 -ADD THE WORD "AND" AFTER "APPRO- PRIATE" IN THE SECOND LINE; DELETE THE WORDS "AND ... AWARDS" IN THE THIRD LINE; SUBSTITUTE THE WORD TAKEN" WITH "PURCHASED" IN THE FOURTH LINE AND DELETE THE REST OF THE PARAGRAPH. Councilman Clayton seconded the motion. Councilman Smith stated he made the amendments because he felt the property was necessary for parking; but it was not necessary for the City to enter into public condemnation should the staff not be able to negotiate for it. Mr. Smith stated the matter was not critical enough to justify eminent domain proceed- 4ngs at this time. Councilman Harper disagreed. Mr. Harper stated the matter is critical enough and the City should have the power to take the property. Mr. Harper stated the price may go up and staff could negotiate forever. Councilman Clayton stated the property was necessary for the operation of the center to be used by the public. In response to Councilman Mann's question, City Manager Mccown stated the amend~ent does not give the City power of eminent domain, and it could have a negative impact because the City would be limited to paying no more than the fair market value. The amend- ment could delay action if the matter is referred back to Council for further direction because a price could not be negotiated. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Council Member Smith. • I • • • July 2, 1979 Page 14 Nays: • • - Council Members Harper, Clayton, Mann, Williams, Taylor. The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original motion made by Councilman Harper res ulted as follows: Ayes: Nays : Council Members Harper, Clayton, Mann, Williams, Taylor. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Attorney Berardini discussed the litigation concern- ing Mathews vs. the City of Englewood involving the use of an alley in the 4800 block of South Fox. Councilman Mann asked to be excused from the meeting since the case involved his residence and himself as a private citizen. Council granted Mr, Mann's request. Mr. Berardini stated the litigation concerns the City's right to use a certain portion of the Mathews's property along with other properties along South Elati and South Fox in the 4800 block. Mr. Mathews's maintained that the City has no right to an alley in that location and the City maintained it to be a public alley. The Building Inspector revoked the Mathews's permit to build a fence in the location and when Mr. Mathews filed an appeal before the Board of Adjustment and Appeals, the Board upheld the Building Inspector's action to revoke the permit and not allow Mr. Mathews to build a fence. Mr. and Mrs. Mathews have the property for sale and want to withdraw the lawsuit against the City and request that the City withdraw its suit for declaratory judgment against them. Mr. Berardini stated he felt the question should be resolved one way or another and should be pursued to conclusion. Mr. Berardini recommended the lawsuit not be withdrawn. He stated if the Mathews do not pursue this matter, whoever buys the property may and the issue has to be resolved. COUNCILMAN SMITH MOVED TO CONCUR WITH THE RECOMMENDATION OF THE CITY ATTORNEY. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Harper, Clayton, Williams, Taylor. • I • - 0 • ( • July 2, 1979 Page 15 Nays: Absent : • • • None. Council Member Mann. The Mayor declared the motion carried. Councilman Mann returned to the meeting. RESOLUTION NO. 27 SERIES OF 1979 * * * * * * A RESOLUTION OF THE CITY OF ENGLEWOOD, COLORADO, SUPPORTING THE CHANNELIZATION OF THE SOUTH PLATTE RIVER AND THE PASSAGE OF THE SENATE BILL 325 WHICH APPROPRIATES STATE FUNDING FOR NECESSARY CHANNEL LAND ACQUISITION AND RELOCATION OF UTILITIES. City Manager McCown presented a copy of the City of Littleton's Resolution No. 38, Series of 1979 and a copy of a letter from Al Salazar, Assistant City Manager for Littleton supporting the channelization of the South Platte River and the passage of Senate Bill 325. COUNCILMAN HARPER MOVED TO PASS RESOLUTION NO. 27, SERIES OF 1979. Councilman Williams seconded the motion. Councilman Clayton asked if the expenditure of funds required any City funds either matching or otherwise. City Manager Mccown answered it would not. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor decl.ared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * Mayor Taylor adjourned the meeting without a vote at 10 :00 p.m. • I • • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JULY 2, 1979 7 :30 P .M. Call to order, invocation by Reverend D. Raymond Parry, Hampden Hills Baptist Church, East Dartmouth and South University Blvd., pledge of allegian ce by Boy Scout Troop #92, and roll call . 3 . 1. Minutes. Minutes of the regular meeting of June 18, 1979. (Copies enclosed .) 2. Pre-Scheduled Visitors. (c) Mr. Mark Jacobs, 3655 South Delaware Street, will be present to accept a proclamation . (Copies enclosed .) Reverend W. W. Brandt, 4469 South Washing ton Street , will be present to discuss a problem in the alley of the 4400 block between South Pearl and South Washington Streets . Mr. Eddie Tanguma, Jr ., 1020 West Tufts Avenue, will be present as a representative of the Englewood Pirate Band Boosters , to discuss with Council its decision as to sponsorship of the Englewood High School Band at the Rose Bowl Parade. (d) Mr. Rodney Utz and Mr. William Gilmore, owners of The John, 90 West Belleview, will be presen t to request a 3.2 beer license renewal. (Copies enclosed.) Other Visitors . 4 . Public Hearing . I • • • • • Page 2 July 2, 1979 Communications -No Action Recomm~nded. (a) Minutes of the Board of Adjustment and Appeals special meeting of May 2, 1979. (Copies enclosed.) (b) Minutes of the Denver Regional Council of Governments meeting of May 16, 1979. (Copies enclosed.) (c) Minutes of the Housing Authority meeting of May 30, 1979 . (Copies enclosed.) (d) Minutes of the Planning and Zoning Commission meeting of June 5, 1979 . (Copies enclosed.) (e) Minutes of the Animal Control Committee meeting of June 11 and June 25, 1979. (Copies enclosed .) 6. Communications -Action Recommended. (a) Recommendation from the Planning and Zoning ~ C, l~ '[ ....itt:J-Commission meeting of June 19, 1979 concerning · an amendment of the Comprehensive Zoning Ordi-f?V-P~'l.l ou:lt.~1.4Lu...nance Section 22.7-7, Sign Code . (Copies if jf__;e °{J --/v . enclosed.) (b) Minutes of the Water and Sewer Board meeting of June 26, 1979 with the following recommenda- tions: Ofr-r-i~L ~ j.l.--4--V °trnf'€.d. °tr"'/'~-d__, (i) concerning a request for a water tap outside of the City of Englewood at 3201 South Zuni Street; (ii) concerning a revised reserved Water District Contract; (iii) concerning participation of funding of metro water conservation handbook ; (iv) concerning Supplement #10 Greenbelt Sanitation District; and (v) concerning request for Denver Water Board to supply water for the Reserve Water District. (Copies enclosed .) • I • - • • • • • Page 3 July 2, 1979 Agenda 7 . City Attorney. 8 . Ordinance on Final Reading. (a) Ordinance amending Section 42, Article IV (General Provisions; Restrictions) of Chapter 3, Title XV, of the Official City Code, relating to the repair, replacement, lowering , and thawing of water service lines within the public right-of-way in the City of Englewood. (Copies enclosed.) Resolution. (b) Resolution accepting the resignation of Donald M. Weber and declaring a vacancy in Council District 2, City of Englewood, Colorado . (Copies enclosed .) Proclamation . (c) Proclamation proclaiming the week of July 9-15, 1979 as "En*lewood Municipal Federal Credit Union Week. ' (Copies enclosed .) Other Matters . (d) Judgment of Supre~e Court on Deluxe Theaters VS City of Englewood. (Copies enclosed .) (e) Attorney's ChQ;i.ce . /. ~-~ :tt:-,;l (p -q.l " 'd-nt ~ =~ ~ ~ &}!, JIJ t ci!t.tuAJJ '~.I/~~\ <r City Manager . (a) Resolution authorizing support of channelization of South Platte River and passage of Senate Bill #32 5 . (Copies available at meeting . Copy of Littleton Resolution No . 38, Series of 1979 and letter from City of Littleton enclosed.) (b) Ma nager's Choice . 9 . General Di sc ussion . (a) Mayor 's Choice. (b) Councilman's Choice. 10 . Adjournment . • I • • - • • M ed s d d A ov econ e \Ve av sta n sen Williams N Ab Ab t '7J~ ~1/J ~LC~L ;c/7'f t ~ ::.mnr. ¥- Harol!L_ Clayton Mann i Mayor Ta y_1_9 r 0 • !'.' ' i( ) I i )'V I . • • • • • ROLL CAL L Hoved S c d d e on e <ye a_y a n Wi 11 iams -A N Abst f Absent ~ _;im 1~11 v-1--- Hill.et_ v--Cla_yton v---Mann ..l --r;ayor la_~E U v- I . • • • • • ROLL CALL "' s A A oved econded \ye Nay Absta n bsent Wil Hams /.;-"' IJahar ,___ v 5mn r. u...-/..-- Ha,ro~ L-- Clayton . ,_ v Mann i i-- Mayor Taz_".E U t.--- /a_ , I . • • • • • ROLL CALL "' d s d d ove econ e \Ve ay sta n sent Wi 11 i am ~ c.-- A N Ab Ab - v---W<>h~r ::.mn r. ,,.... v Haro.er_ __ /~ /,/ Clavton L--- Mann 1 v-- MaycJrTal_'_E !:_j_ u--- 0 G • I • • • • • • n = ROLL CALL Moved s d d econ e Ave Williams Nav Abs ta fn Absent W<>h<>,. ::>m1 t r. Harol!L Clavton - Mann I Mayor raz:r Eu I . • • • • ROLL CALL Hoved s l econded r L---I Wil 11a m$ Ave Nav Abstain L---Absent v '·'-'-,,. Smnn '+-..... L--- Harn~ ..... - Cla-;;ton /_,- Mann Mayor Ta ;.l r.J L---" -· -v- I . • • • • < RO LL CALL Hoved s econded Wi 11 i a m ~ Ave Nav Abstain Absent -· I ···-~-·· Sm 1t n . u,,.n~ Clavton ' ' I Mann i 1"ayo r T~£' er 1 I . • - • • • • • ?F ----. ROLL CALL Moved Seco d d (../ n e Ave I Wi111ams Nav Absta f n v I U-L or 4 ...--Smit n A.-,.,.. Harn~ i..-- Clavton t-- Mann j ~ Ma yoTiaV'I r. r L_ t,..-- flcL~ ~~u w:u. 'IL J-Q/~/Yl L6J • . )) Abse nt ~ I . • ,., • - • • -==--== -~- m -- -tr:::::::' ---·--> ROLL CALL Hoved Sec d d on e Ave William.c: Nav Abstafn Absent Cl~'--.r 5m1t11 ~arner.._ Cl a ii.ton Mann I MayorTci~E r-. 0 • I . • • • • I ' • --~-- > RO LL CAL L Hoved Se d d con e Ave Wi 11 1ams Nav Abstafn Absent Un'--- :imit 11 Harn~ Clavton Mann I Ma yor T~Y.:c:u n( (!_, ll 'l-{} d /Le_J, e_ ty c [):fl ?kJ,,,t/ ( lu ( O Jc. C1i l ,(li_ 1./?t-/J & & ti<.J tJV ~~~ ') · l . _ LJA I J VLL<-v ca u ) -r-~ tu:_ I . . • • • • • ROLL CALL Moved Second d e Ave v Williams Nav Abstain Absent [./- w~'--.r :imH n /.----v- Harn~ ,__ L...- Clavton 1-- Mann v-- P.ayor T~~'..,EU v- - ' • -_A_)..~-u/V ~ ~7-La (}~ r d-j,u-rJ -J( -ou-;;1 _,{_A~, . ( "j:L tS /,;-d /, tfWJ~ ~ ~ r~(Y'v,tf I . • • • • ROLL CALL Moved s d econ ed Ave Wi 11 i am$ --Nav Abs t a i n Absent ... _ ... "'" sm1t n Haro~ Cl avton - Mann l MayorTa Y:E U I . • • • • - • • ---"""'!!!!:;;== ------ ROLL CALL H ed S d d A N Ab t f OY econ e 1ve av s a n sen Williams Ab t WPhPr ::imitr. Haro!:L.__ Clayton Mann J Mayor Ta y_1_E r I 0 • I • • • • - • • ROLL CALL Hoved Sec d d I on e Av e Williams Na v Ab s tafn Absent v- W-L -- Sm1tn v-L--~ I li:or o ~ J..-- Clavton t.-- Ma nn I V- Mayor T~y-'r:u ,__ - • I . • • - • • ROLL CALL Moved s d d econ e Ave Wi 111ams Nav Abstain Absent -Wn'--.,.. //" sm1tn Harn~ v Clavton Mann - Rayor Ta ;~'E r J_ • I . • • - • • ROLL CALL Hoved Seconded A Ive Nav Abstain Absent Wi 11 iams Uoho~ :imnn ~'lrDtt_ Clavton Mann I Mayor Ta y~r.r • I . • • - • • ROLL CALL Hoved S d d A econ e iye ay s n sen Wi 111am$ /.,.-- N Ab ta1 Ab t w .. n .. r ~m1~11 v-v-- _HgroJ!L._ t--Clavton v- Mann i J:::::::_ f'i ayDrla"f.:.EU /...- • I • • • • • • " ROLL CALL Moved Seconde d Ave Nay Ab s tain Absent Williams v ~ Cla vton ==:Jb~t--+--==+====J r----t--.!:'.'.:..--L~MaMnn 1 ;:_. Ha r n lll:_ -L::: I . • • • • • ROLL CALL Moved r Seconded 1 Ave Nav I . • • • • • • --~= ------==--==-- RO LL CALL H d S d d ove econie Aye Na_.y Abstain Absent ...... Wil l ia_ms IJPh<>r :>m 1t:n I/ Haro!!r_ Clayton Mann I Ma y or Tai1.E U I . • • • -• • - ROLL CA LL Hoved Seconded Wil liam5 Ave Nav Abstain Absent Wohor :im1 t n Haro~ Cl avto n Man n I l":ayor ~-9 !:._l ~t,~ ~ /J~ ~G ~vil~~ef~~ ]n Q__ c ru p___ -CUr1 /YYLU--~ /)vLtf_~ ~~~-u~L VLA-J r • d-4 (!;1 1 -/) ()/0_1 /u uY ~~ ~ru_M~~ ~ed._,(µ -6-n,._f~ ~ -t ~ uv a-. ct-<)-zJ/U t.__ 1 a tt~,u • I . • • • .. - ROLL CALL "' ed s d d ov econ e 1ye ay s a n sen Wil J iam~ ~ IJPhPr A Ab t N Ab t f ~ .:im1 t r. J,.--_Hal"o~ ;-- Clayton I---Mann 1 ~ l"iayor Ta ;~' :-r J.-- I . • • • • • ------ ROLL CALL H ed S d d ov econ e 1ye av s n sen William~ v- A Ab t N Ab taf U oh,..,. L--,,,-:)m1tr. ,,_... Ha roPr v-,.,...--Clavton v- Mann I v- Mayor Ta ·.~i~r t--" I • • • • ,., • - • • ----~= ----=--=--=-=--==- ROLL CALL Hoved Seconde d Ave Nav Abs ta fn Absent Wi 11 iams Woh~.: -S-mitr. Harn!!!:_ Cl avton Mann ' l>fayor TaE'.E U ~{j ;tO(f fh. I . • • • - • • ROLL CALL "' ed s d d ov econ e \Ve av Absta n sent l~il li arns y A N Ab Wohn~ v--:im1t11 ~ Haroer ~ Clavton µ.- Mann I v-- Mavorra;::EU v- • I . • • - • • • • • ROLL CALL H Ved S d d 0 econ e 'Ye ~ Williams A Abstafn Absent Na .weber _;im;_L l1 ..H a.ai.e r Cla1ton Mann _J r;ayor Ta_~,) r.r 7£)_. <!_ r3 PdG • '~tllf"0~ v~P-2-3 -~;;;~ (aJ (1) (b) (/!) ------- I . • • I 2- 3 Moved Second d e v V' • • • -- ROLL CAL L Ave Wil Ham!> v Nay Abstafn Absent WPh"r :::.m1t 11 ..-v- HaroPr J.,---CJavton L--Mann I t..--r-.ayor ta ~:.1~u v-- I . • • • - --:r-~--=--=---==,~-~~--- ROLL CALL Moved Sec d d on e Ave Williams Na v Abstain Absent - v--!J oha r !>m1tn 4- /...-"" H a r n ~ Clavton Ma nn I 11.ayor T~Z:.E!:..J.. ~~ H cJs ~&. )~~ I( d-oJJ /ud '~ .A: '1 l 0 A-f /j_ cit~ A.Iµ) LJ(_~) _ ~J // (rt J'L ~Ctft~ /J A-/~ 'l -c:,Z,//1 J.-1 /uu71AA " l,(J /lU-U,,,;, -;ti/lb a a. J ;J Gru ?{ cd /b /1.tA u-iu _ ._/)fl Z /?Lt r?u ~all /Ju -1f? u Vu -Y ,A_/~ ib-Wv -/'lw; rl/tAJ if @ ~ ~ ~ /ll~ //U>Y uM- I . • - Hoved s d econ ed ~ ( 14 (~1 ( ~ GJv,GL<t~ -L/{,l /Z)J ~laN< • • • • • ROLL CALL w;111ams Ave Nav Abstain Wo'-~- Smn n H:.rnll._ Clavton Mann , Y.ayor'la J.:Eu _ /U.JA-jL , ry ,!Ld ~1 !ff at-/)~ ~k at M~ Absent -- I I . • ' -.__ --____..__ Moved Seconde d • • • RO LL CALL Ave Nav Wi 11 iams /,--= Woh"r :im1tn r-Harn.~ v- Cl av t o n y- Ma nn i.,,- Mayor Tay2Er v- Abstafn Absent J,.-= I • • • • • ~-'--_-_ -- ROLL CALL Moved s d d econ e Ave w;111ami; Nav Abstain Absent v- 1.1-L-·-v :imitn J.,-- Haro!!!:_ /./ v--Clavton v-Mann I }./" Mayo r ~y_1 r.u_ t-- -- I . . • n • • • ROLL CALL " ed s d d ov econ e 1ye ay s a n sen Will 1am s A N Ab t 1 Ab t Wahar -"m1 t 11 H aro.~ Clavton Man n 1 Mayor Ta~.E U I . • • • • ROLL CALL Hoved Se d I con ed -Williams Ave Nav Abs ta fn Absent ~ I.I -:'lmit11 v i:F - ~aro~ - Clavton I Mann P.ayor Ta f::c:u _ rt I . • - • • • ,. • ROLL CALL Moved Seco nd d e Ave Wi 11 iarr~ Na v .....--WPhpr :>mit n HaroPr ..-Clavton Mann I Mayor TiiJ.:EU 1)~~~ uj ~ &~~ Abstafn -:~ ocf U-u wo~,?a/I_,~ i d I I {J -cu vYnL Absent ~ ~) c:;_/!r °Or ~ aa_,,~'' cl-0/LL ~ ~~ c-~'IA_) ~ ,, ~l.Ljf ( ~~-f ~ K~'f r r /U t,,d.. <:T dbf ,u.A r' v~~'-. I . • • ,. - ROLL CAL L Hoved s d -econ ed r Ave Wi 11 iams --Nav Abstafn Absent --Wnh-,r ::im1 tr. - ~ Ha~.er_ --- Clavton Mann MayorTay_: r.r I J>uJJi~A ~r~J ~1 dvt /JuL ~ • fiw O/LtlW (Y'~ 14 vvid /-,u J~ cptuub-(IU-r fU-1. ~ d1,,,~, I . • • - • • -..... --· - !!_OLL CALL Hoved s d -econ ed Williams Ave Nav Abstafn I Absent -· -u ~ ... .,r :>mnn Harn!!L_ Clavton - Mann I I Mayor Ta1. 1 r.r - • • I . • • ....---.._...- • • • ROLL CAL L Ill ed s d d ov econ e 1ve ay s n sen Wi 11 f ams v--WPhPr A Ab t N Ab taf :imn n v- Haro~ t--Clavton £..--Mann I '-~aycirTa"Y.:_E r '- I . • • • • • ~Qb.L CA LL I • • • n • - • • ROLL CAL L Moved Seconded c--+---t-JiW1!JJ·11TI!1am~s--Ave Na v Abstain w~ .. .,,.. Absent !)mit n Harn~ Clavto n =t:±--t--==l===J • • I . • ·------~~-- • - • • •' ROLL CALL Moved Seconded Ave Nav Abstain Absent Williams £.-- u~i..n~ v :>m1tn v--- I / HaroPr t-- Clavton J,- Mann I i.--Mayorla~r.r v • I . • • • • • , ROLL CALL Hoved Seconde d \ye av s a n e ........ l~i 11 i am$ v A N Ab t f Abs nt w .. t-.~r ~m1i.n v-v---H a r o .~ v-- Clav t on -Mann 1 v-- Mayor T ~"Y:Er I v- rd I(): rl!J J n,. I . • - • • • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO June 18, 1979 (~ The C.ity Council of the City of Englewood, Arapahoe County, Colorado, met in regular session at 7 :30 p.m. on June 18, 1979. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Councilman Donald Smith. The Pledge of Allegiance was led by Mayor James L. Taylor. Mayor Taylor asked for roll call. Upon a call of the roll, the vote resulted as follows: Council Members Williams, Weber, Smith, Harper, Mann, Taylor. Absent: Council Member Clayton. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Administrative Assistant Brown Assistant City Attorney DeWitt Director of Engineering Services Diede Chief of Police Holmes Deputy City Clerk Johannisson * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 4, 1979. Councilman Mann seconded the motion . Councilman Harp e r asked that the text on page 7 in the title of Reso l ution No. 24, be corrected from "Fire Simple" to "Fee Simple". Councilmen Smith and Mann agreed to the correction. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Williams, Weber, Smith, Harper, Mann, Taylor. None. • I • • June 18, 1979 Page 2 Absent : • • • Councilman Clayton . The Mayor decl ar ed the motion carried . * * * * * * Kay Bohl ing, 4912 South Ga la pago, was present. She stated that sh e had been selected as a finalist in th e Miss United Teenager Pageant. She requested that the City sponsor her. The sponsor cost would be $180.00. She gave some background info r ma -tion about the contest and herself. COUNCILMAN SMITH MOVED TO SPONSOR KAY BOHLING IN THE MISS UNITED TEENAGER PAGEANT AND APPROPRIATE $180.00 AS THE SPONSOR FEE. Councilman Williams second ed the motion. Councilman Smith stated that activities such as this are good public relations for Englewood. Councilman Harper said he would vote "no" because he knows nothing of the sponsoring organization. His experience shows that some of these pageants are disappointing . Mayor Taylor stated that for the small cost, the public relations for the City is beneficial. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams, Smith, Mann, Taylor . Nays: Council Members Weber , Harper. Absent : Council Member Clayton. The Mayor declared the mot i on carried. * * * * * * John Cr i swell, attorney, 3780 South Broadway, was present repr e sent i ng Jack Field, Inc. to reque st a public hearing and s et- ting of boundaries for a hotel and restaurant liquor license to be located in Cinder ella City. Councilman Smith s tate d that because of the location in Cinderella City a two -m ile radius should be used as the petition ing neighborhood. • I • • June 18, 1979 Page 3 • • • COUNCILMAN WILLIAMS MOVED TO SET JULY 23, 1979, AT 7:00 P.M. AS THE PUBLIC HEARING DATE TO CONSIDER AN APPLICATION FOR A HOTEL/RESTAURANT LIQUOR LICENSE FROM JACK FIELD, INC. AND THAT THE PETITIONING AREA WILL BE A TWO-MILE RADIUS FROM THE PRO- POSED LOCATION. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams, Weber, Smith, Harper, Mann, Taylor. Nays : None. Absent : Council Member Clayton. The Mayor declared the motion carried. * * * * * * John O'Dell, 10700 East Dartmouth, Denver, was present representing Colorado Piz za Corporation dba Mr. Gatti's, 225 East Jefferson. He requested that a public hearing be set and the peti- tioning neighborhood be established for a 3.2 Beer license proposed for 225 East Jefferson. COUNCILMAN WEBER MOVED TO SET JULY 23, 1979, AT 7:30 P.M. AS THE PUBLIC HEARING DATE TO CONSIDER AN APPLICATION FOR A 3.2 BEER LICENSE, ON PREMISE, FROM COLORADO PIZZA CORPORATION OBA MR. GATTI'S AND THAT THE PETITIONING AREA WILL BE A ONE-MILE RADIUS FROM THE PROPOSED LOCATION. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams, Weber, Smith, Harper, Mann, Taylor. Nays: None. Absent : Council Member Clayton. The Mayor deciared the motion carried. * * * * * * Byron Sutton, 2500 West Hampden, was present to discuss the problem with golf balls hitting his property. He stated that he felt City Council had an obligation to provide a remedy to the dangerous situatio11 which exists on the 4th hole of the golf course. He criticized the City Council for taking no action by selecting the alternative solution of stimulating growth of current trees • • I • • • • n June 18, 1979 Page 4 • • • Mayor Taylor reminded Mr. Sutton that the courts had ruled against him in the suits he brought against the City. In response to Councilman Smith, Mr. Sutton stated t h at at least one or two balls a week are hit onto his property. Co un- cilman Harper stated that the Englewood golf course was designed to be safe and is considered one of the safest in Colorado. Assistant City Attorney DeWitt stated that the City can not be responsible for the acts of third parties. He further ex- plained the design characteristics of the golf course. Mayor Taylor told Mr. Sutton that his last recourse is to sue the City. * * * * * * Melvin Minnick, 4565 South Pearl, was present to discuss Paving District 25. He stated that he and his neighbors objected to paying for an inferior job, a job which did not meet the stan- dards of the City. He stated the street will require repair before it would normally be necessary because the job was not completed correctly. Mayor Taylor stated that payment was being withheld from Western Paving until Paving District 25 was satisfactorily completed. Councilman Smith stated that there have been similar pro - blems occur in other Colorado and Wyoming communities. He said the contract specified a layer of "Petromat" and an inch of asphalt. The use of "Petromat" provides a better surface than 2 inches of asphalt. Gary Diede, Director of Engineering Services, defined "Petroma t " and described the paving process. Councilman Smith assured Mr. Minnick that the job would be completed correctly. He added that there is also a two-year warranty on the job. Hugh Fra z ier, 4569 South Pearl, was present to discuss Paving District 25. He stated that the administrative costs being charged to the Paving District were excessive. The costs were com-puted at $0.10 a square foot. City Manager Mccown explained that administrative costs included all non-paving costs and were allocated proportionately to the property owners. • I • • • • June 18, 1979 Page 5 • • • Director of Engineering Services Diede presented a breakdown of all costs for Paving District 25. Councilman Smith asked that the administrative costs for the Paving District be reviewed. Isabel Knight, 3021 South Lincoln, was present. She questioned the relationship of allocating costs of City personnel used for paving districts. She expressed her concern that these personnel were already on City payroll. City Manager Mccown explained the budgeting procedures and how costs of personnel are allocated to General Fund and Pav-ing District projects. Mrs. Knight stated that northeast Englewood needs a fire station and that City Council should find land for this purpose. Land in this area is in short supply and it would be unfortunate to have to condemn homes for this purpose. The City should buy land now. City Manager Mccown explained the current fire station situation and said that the Fire Chief will be doing a study to find a location in this area. Mayor Taylor stated that the City may have to condemn residential property if other property is not available. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) Minutes of the Housing Authority meeting of April 25, 1979. Minutes of the Planning and Zoning Commission meeting of May 22, 1979 • Memorandum from the Municipal Court Judge to the Mayor and Council concerning the May Activity Report. * * * * * * A letter from the Board of County Commissioners, Arapahoe County, concerning the reappointment of Jean R. Arthur for a four- year term to the Regional Transportation District was presented • I • • - • • June 18, 1979 Page 6 • • • COUNCILMAN WILLIAMS MOVED TO APPROVE THE ARAPAHOE COUNTY COMMISSIONERS' RECOMMENDATION TO REAPOINT JEAN R. ARTHUR TO TH E REGIONAL TRANSPORTATION DISTRICT. Councilman Weber seconded t he motion. Councilman Weber stated that he did not personally know Arthur, but he was not very happy with the performance of the RTD. The City received an unsympathetic response from a hearing board considering Englewood's request for funds for the Ithaca-Santa Fe couplet. A significant number of members were from RTD. The Ci ty needs better representation from this important group. Councilman Smith stated that the City is being asked to give their approval to someone they really don't know. The commissioners have given no alternatives. The City needs a report of her positions and activities in order to properly evaluate whether the City should approve or disapprove the appointment. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: None. Council Members Williams, Weber, Smith, Harper, Mann, Taylor. Council Member Clayton. The Mayor declared the motion defeated . COUNCILMAN SMITH MOVED TO DIRECT THE CITY MANAGER TO WRITE A LETTER TO THE ARAPAHOE COUNTY COMMISSIONERS STATING THAT THE PROCESS FOR SELECTION OF OUR REGIONAL TRANSPORTATION DISTRICT REPRESENTATIVE NOT ONLY BE STARTED SOONER BUT THAT WE HAVE AN OPPORTUNITY TO INTERVIEW THE INDIVIDUAL THEY RECOMMEND AND QUESTION THEIR PAST PERFORMANCE. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as fol l ows : Ayes : Nays : Absent : Council Members Williams, Weber, Smith, Harper, Mann, Taylor. None. Council Member Clayton. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 8:40 p.m. The Council reconvened at 9:00 p.m. Mayor Taylor asked for roll call. Upon a • I • ! • • June 18, 1979 Page 7 • • • call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Mann, Taylor. Absent: Council Member Clayton. The Mayor declared a quorum present. * * * * * * COUNCILMAN WILLIAMS MOVED TO CONSIDER AGENDA ITEM 8(A) NOW. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent: Council Members Williams, Weber, Smith, Harper, Mann, Taylor. None. Council Member Clayton. The Mayor declared the motion carried. Robert Holmes, Englewood Police Chief, was present to request permission to send a police captain to Traffic Management Administration courses at Central Missouri State University. COUNCILMAN WEBER MOVED TO APPROVE THE RECOMMENDATION OF THE CHIEF OF POLICE TO SEND A POLICE CAPTAIN TO TRAFFIC MANAGEMENT ADMINISTRATION COURSE AT CENTRAL MISSOURI STATE UNIVERSITY. Coun- cilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Williams, Weber, Smith, Harper, Mann, Taylor. Nays : None. Absent : Council Member Clayton. The Mayor declared the motion carried. ORDINANCE NO. 24 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 23 INTRODUCED BY COUNCILMAN CLAYTON • I • • • June 18, 1979 Page 8 • • • AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN PAVING DISTRICT NO. 23 IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCR IB - ING THE MANNER FOR COLLECTION AND PAYMENT OF SAID ASSESSMENTS . COUNCILMAN MANN MOVED TO PASS COUNCIL BILL NO. 23 ON FINAL READING. Councilman Williams seconded the motion. Director of Engineering Services Diede responded to Coun- cilman Smith's question saying that no corrective work needed to be done. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Wil liams, Weber, Smith, Harper, Mann, Taylor. Nays : None. Absent : Council Member Clayton . The Mayor declared the motion carried . * * * * * * ORDINANCE NO. SERIES OF 1979 BY AUTHORITY COUNCIL BILL NO. 22 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE APPROVING THE WHOLE COS T OF THE IMPROVEMENTS MADE IN PAVING DISTRICT NO. 25, IN THE CITY OF ENGLEWOOD, COLORA DO ; APPROV- ING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 22 ON FINAL READING . Councilman Williams seconded the motion. Councilman Smith stated he would vote "no" because the City Council did not take into account the citizen input during the public hearing . He said he would continue to vote "no" on paving district approval until there is a change in the public hearing procedure • • I • - • June 18, 1979 Page 9 • • • Councilman Weber shared Mr. Smith's concern that the public hearing procedure needed to be changed to be more responsive to citizen desires. Councilman Weber asked why there was an emergency clause in the ordinance. Assistant City Attorney DeWitt said he didn't know why. Director of Engineering Services Diede thought it may have to do with an interest payment due by July 1st. It was asked that someone call the bond counsel to find out why there was a need for an emergency clause. COUNCILMAN SMITH MOVED TO POSTPONE CONSIDERATION OF COUN- CIL BILL NO. 22 UNTIL THE END OF THE MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Williams, Weber, Smith, Harper, Mann, Taylor. None. Council Member Clayton. The Mayor declared the motion carried. ORDINANCE NO. 25 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 29 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE VACATING A PORTION OF THE EXISTING STREET RIGHT OF WAY IN THE 3500 BLOCK ON SOUTH MARION STREET, ADJACENT TO AND EAST OF BLOCKS 1 AND 2 , OF YEAGER'S SUBDIVISION OF BLOCK 4, VERONA PLACE, ARAPAHOE COUNTY, COLORADO. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 29 ON FINAL READING. Counc i lman Mann seconded the motion. Upon a call of the roll, the v ote resulted as follows: Aye s : Council Members Williams, Weber, Smith, Harp e r, Mann, Taylor. Nays: None. Absent : Council Member Clayton. • I • - • June 18, 1979 Page 10 • • - The Mayor declared the mot i on carried. ORDINANCE NO. 26 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 28 INTRODUCED BY COUNCILMAN MANN AN ORDINANCE APPROVING AN AGREEMENT TO STUDY METHODS TO UTILIZE CITY OF ENGLEWOOD EXCESS RAW WATER BY MISSION VIEJO AND APPROVE THE GRANTING OF AN OPTION TO PURCHASE CITY OF ENGLEWOOD EXCESS RAW WATER BY MISSION VIEJO COMPANY. COUNCILMAN MANN MOVED TO PASS COUNCIL BILL NO. 28 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber , Smith, Harper, Mann, Taylor. None. Council Member Clayton. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 26 INTRODUCED BY COUNCILMAN MANN AN ORDINANCE AMENDING SECTION 42, ARTICLE IV (GENERAL PROVISIONS; RESTRICTIONS) OF CHAPTER 3, TITLE XV, OF THE OFFICIAL CITY CODE, RELATING TO THE REPAIR, REPLACEMENT, LOWERING, AND THAWING OF WATER SERVICE LINES WITHIN THE PUBLIC RIGHT-OF-WAY IN THE CITY OF ENGLEWOOD. COUNCILMAN MANN MOVED TO PASS COUNCIL BILL NO. 26 ON FIRST READING. Councilman Williams seconded the motion. Councilman Weber stated that the bill is not as compre- hensive as it needs to be but it is a good start to needed solu-tions. • I • • • June 18 , 1979 Page 1 1 • • • Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Williams, Weber, Smith, Harper, Mann, Taylor. Nays : None. Absent : Council Member Clayton. The Mayor declared the motion carried. * * * * * * City Manager Mccown said he had received a letter from Cherry Hills Village about street improvements on Clarkson Street. Cherry Hills will be having a public hearing on September 17th to consider this item. In response to Mr. Weber's question, Mr. Mccown said that the reason the public hearing is not being held sooner may have something to do with their budget. Mayor Taylor said that he, Mr. Mccown and Kells Waggoner attended a me e ting with Cherry Hills and Greenwood Village about Little Dry Creek. Urban Drainage District is beginning studies to build a new dam to replace the Berry and Prentice dams. * * * * * * Councilman Mann asked Jim Keller to speak on the vacancies on the Downtown Development Authority. Jim Keller, Executive Director of the Downtown Develop- ment Authority was present. He stated that Directors Curry and Maxwell's terms expire on June 30th. COUNCILMAN MANN MOVED TO NOMINATE JOHN MAXWELL AND GERRY VON FRELLICK TO FILL THE VACANCIES ON THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY. Councilman Williams seconded the motion. Councilman Weber questioned the qualifications of the nominees and make up of the current board. COUNCILMAN WEBER MOVED TO POSTPONE TO JULY 2, 1979 THE CONFIRMATION OF THE NOMINEES. Councilman Smith seconded the motion. Councilman Williams asked about the qualifications of the nominees. Mr. Keller stated that Mr. Maxwell has been a member of the board and Mr. Von Frellick is a property owner in the district • • I • - • • • June 18, 1979 Page 12 • • • Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Weber, Smith. Nays: Council Members Williams, Harper, Mann, Taylor. Absent: Council Member Clayton. The Mayor declared the motion defeated. COUNCILMAN WEBER MOVED TO SPLIT THE QUESTION. Councilman Smith seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes: Council Members Weber, Smith. Nays: Council Members Williams, Harper, Mann, Taylor. Absent: Council Member Clayton. The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original motion to confirm Mr. Maxwell and Mr. Von Frellick resulted as follows: Ayes: Nays: Absent: Council Members Williams, Harper, Mann, Taylor. Council Members Weber, Smith. Council Member Clayton. The Mayor declared the motion carried. * * * * * * Council reconsidered agenda item 7 (B) pertaining to Council Bill No. 22. ORDINANCE NO. 27 SERIES OF 1979 BY AUTHORITY COUNCIL BILL NO. 22 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN PAVING DISTRICT NO. 25, IN THE CITY OF ENGLEWOOD, COLORADO; APPROV- ING AND CONFIRMING THE APPORTIONMENT OF SAID COSTS TO EACH LOT OR • I • • • June 18, 1979 Page 13 • • • TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBING THE MANNER FOR THE COLLEC TI ON AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY. Director of Eng i neering Services Diede returned to report on his conversation with Bill Lanm, bond attorney. Mr. Lamm said that the emergency clause exists in the ordinance be- cause we must pay interest monthly for the bonds we don't pay back. Every month there is not an ordinance in effect the City must pay interest. This will cost about $2,700 per month. The City may assess the property owners for the paving district with- out the contract being completed. In answer to Councilman Smith's question, Mr. Diede said that the proposed schedule has been fol- lowed. In response to Mr. Mccown, Mr. Diede stated that the costs were available on March 19 of this year. The City will be hold- ing payment to the contractor until satisfactory completion of the contract. Mayor Taylor called for the question. He asked that the motion be re-read. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 22 ON FINAL READING. Councilman Williams seconded the motion. Councilman Smith stated he would vote in favor of the bill only as a financial protest. The system of public hearings, when we don't pay any attention to it, is ridiculous. Something needs to be done to respond to the public. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Williams, Weber, Smith, Harper, Mann, Taylor. None. Council Member Clayton. The Mayor declared the motion carried. * * * * * * Mayor Taylor adjourned the meeting at 9:40 p.m. ty Clerk I • • , • • • • 2 A P R 0 C L A M A T I 0 N WHEREAS, on or about May 24, 1979, MARK JACOBS, an Englewood Reserve Patrolman, was at the home of a friend in e ast Denver when he heard screams coming from a nearby yard; and WHEREAS, MARK JACOBS ran toward the screams to find a young woman lying on the ground unconscious from electrical shock; and WHEREAS, MARK J ACOBS, detecting no pulse or breathing, having previously taken cardio-pulmonary resuscitation courses as a reserve officer and member of Explorers, immediately began heart massage on the unconscious woman; and WHEREAS, as MARK JACOBS was using CPR on the unconscious woman, a nurse arrived and administered mouth-to-mouth resusci- tation. Due to their combined efforts, the young woman was revived; and WHEREAS, the quick action of MARK JACOBS in using his training saved the young woman from possible death of electrical shock. NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of thP. City of Englewood, Colorado, hereby commend MARK JACOBS for his quick thinking and alert action in saving the life of a yo ung woman suffering electrical shock and hereby proclaim that, by his actions, MARK JACOBS has distinguished himself as an ou tstanding member of the community and of the Englewood Police Re serve. Z,t..L--<...-.:;> ~ ~>'f--- Mayor • '} I • ' f • • • • P R 0 C L A M A T I 0 N WHEREAS, on or about Ma y 2 4, 1979, MARK JACOBS, an Englewood Reserve Patrolman, was at the home of a friend in e ast Denve r when he heard s creams coming fr o m a near by yard; and WHEREAS, MARK JACO BS ran toward the screams to find a y oung woman lying on the ground unconscious from electrical shock; and WH EREAS, MARK JACOBS, detecting no pulse or breathi ng, having previously taken cardio-pulmona ry res uscitation courses a s a reserve officer and member of Explorers, immediately began he art massage on the unconscious woman; and WHEREAS, as MARK JACOBS was using CPR on the unc onscious woman, a nur se arrived and administe red mouth-to -mouth r esus ci - tation. Due to their combined efforts, the young woman was revived; and WHEREAS, the quick action of MARK JACOBS in using his training saved the young woman from possible death of e l ec trica l shock. NOW, THEREF ORE , I, JAMES L . TAYLOR , Mayor of thP. Ci ty of Englewood, Colorado , hereby commend MAR K JACOBS fo r his quick thinking and alert action in saving the life of a yo ung woman suffering electrical shock and hereby pro cla im that, by hi s actions, MARK JACOBS has distinguished himself as a n ou tstanding me mber of the community and of the Englewo od Pol ice Reserve. GIVEN under my h and and seal this 2nd day of July, 19 79. Mayor • I • • • • • • • • P R 0 C L A M A T I 0 N WHEREAS, on or about May 24, 1979, MARK JACOBS, an Englewood Reserve Patrolman, was at the home of a friend in ea s t Denver when he heard screams coming from a nearby yard; and WHEREAS, MARK JACOBS ran toward the screams to find a y oung woman lying on the ground unconscious from electrical shock; and WHEREAS, MARK JACOBS, detecting no pulse or breathing , having previously taken cardio-pulmonary resuscitation courses as a reserve officer and member of Explorers, immediatel y began heart massage on the unconscious woman; and WHEREAS, as MARK JACOBS was using CPR on the unconscious woman, a nurse arrived and administered mouth-to-mouth resusci- tation. Due to their combined efforts, the young woman was revived; and WHEREAS, the quick action of MARK JACOBS in using his training saved the young woman from pos s i b le death of electrical shock. NOW, THEREFORE, I , JAMES L. TAYLOR , Mayor of the City of Englewood, Colorado, hereby commend MARK JACOBS for his quick thinking and alert action in saving the life of a y oung woman suffering electrical shock and hereby proclaim that, by his actions, MARK JACOBS has distinguished himself as an outstanding member of the community and of the Englewood Police Reserve. GIVEN under my hand and seal this 2nd day of July, 1979. Mayor • I • - - • • • APPLICANT: Th e John 90 W. Belleview • • • COUNCIL ACTION REQUEST LIQUOR AND J .2 BEER OUTLE TS TYPE OF ACTION REQUESTED: Annual Liquor Renewal -3.2 Beer Ret ai l License POLICE AND FBI REPORTS: See Attached copies PREVIOUS CITY COUNCIL ACTIO NS DURING PRI OR TWO YEARS, EXCLUDI NG ANNUAL RENEWAL: CITY ATTORNEY 'S REVIEW: COMMEN TS: • I • - • • • • • • F O RM DAL 4 0 1 !REV 1178) ST ATE OF COLORADO ,..,,. .. o•u1• " "fUV "f0 5f .. 0 , .. , ........... , t .... , .. co.a DEPARTMENT OF REVENUE RENEWAL APPUCATION FOR 3 .2% FERMENTED 'ULT BEVERAGE LICENSES IGET APPROVAL OF LOCAL LICENSING AUTHORITY FIRSTI l u TL f{uO htv /_ v ll 'l !J.-1 f: ""Ill 14 '1 F J L "1i ~ rtl~ C/Q ~ M SAL TL MA ~ 7 20 S C.S L,: ill OEN V h : C t... 11-8 274 7 !l O.:' 2 00 N O T WAIT[ IN ftl1S SP ACF LIQUO R ENFO RCEMENT O FFICER 'S ACTION APP R OVED DISA PPR OVED CATT L_, . ,. ,I I IMPORTANT SE E INSTRUCTIONS ON T H E REVE R SE S IO E MAKE CHECK OA MONEY ORDER PAYABLE T O THE COLORADO DEPAR T MENT OF REVENUE RENEWAL APP UC -'TION F O R 3 2" FE R MENT ED M,..l T BEVE R A GE LICENSE FOR T H E LICENStNQ PE RI OD ENDING --. T OT A L FE E(S) USE AiCCOUNT l'llU'48EA F O A t LI A8 1LITV INFO AMATIO"°' / ~ "L RCHR<hct ,~ .. J '" l • .,,,.. ~·~I ... " ... ,... • I ~l-:J.'7 47 _ l u 0 111 , 5 8 13 5 0 7~·~7-=1 rJ7 ;:b 30 ~ 4b . 2J SS No. 1 SSN o .2 "FE IN d4-u 7l.S Z'l1L I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION EXCEPT CHANGE OF MANAGER , TRAOE NAME OR CORPORATE STRUCTUR E . NEW TPAOE NAME SI G N ATURE Ma iling Address (IF T HERE IS A CHANGE IN O WN ERSH I P 0 0 NOT U SE TH IS FO RM USE AN ORIGIN A L A PP LIC A TION .I TYPE J M A NAGE R 'S N A ME IF A PPLICANT IS A CO RPO R ATION . FILL IN REVE R SE SIDE NAM E A ND DESCRI PTION OF LICENSE 3 .2 P l:.K LE., T :E.H !H:!All Li :t .. ~:: Do you have lega l poss ession of t he premises for which t his appllcat1on t or license cs made? '{c..-s. Are the premises owned or rented? ~~0 If rented, effecrn1 e & expirat ion da t e o f lease S/tl --1 I " _i Is apphcant(s) or all off1cerls) of 1he corporatron , c1t1zenfsl or perm anent res1dent(s) of the Un ited St ates of America and Colorado? "/.:.~ Is the applicant, or any o f the partners. or any o f the o ff ice rs, st oc kholders or direct ors of said applicant (If 1t is a corporat 1onl or employees of any such, under the a ge o f twenty-one years.? Yes N o Has 1he applicant, or any of the partners, or any of the -Officers, stockholders or d1rec1ors of sa+d apphcant (If 11 1s a corporat ion) ever been con- v1cted of a crime m the State of Colorado or elsewhere' Yes N o~ If so. state full d et ails _____ _ Has the applican t , o r an y o f the partners, or any officer, d1rector or stockholder of said app licant (If u is a corpora(1onl ever la) been denied a license under th is liquor law? Yes No lb) had an alcoholic be\lerage license suspended or revoked ? If the answer 1s ye ~. explain f ully lanach separate sheet , 1f needed) Yes N o Does any brewe • / or wholesaler have a financ ial 1ntereu. e111den ced ei t her by loans or equity ownership in the business for w h ich this license is reQuest ed? If the answer is yes. state names and addresses and amounr of such f 1nanc1al mtereu pxpressPrl e1tht1 1n dollars°' other Item s o f value, such as inventory. furniture , f ix tures and eQu1pmen1 Yes No v"' LrS1 the names and addresses of all businesses in which any o f the pe rso ns 1n t he previous question are in terested Name Busmen Address "It Ftt..ieral Employen lden11f 1cat1on Numbe1 (FEIN ) is pre P11nted m the above space, ple11 se ch eck your records 10 see it you have 1he same number If you have a d1ffe1ent number, correct the one above so that 1t couesponds with you r records If no number appears in the above space, p lease f i ll in w11h the FEIN you have on vour rProrrt11; • _, I • • 1 • • MEMORAN DUM TO: Marr l yn Iro ns , Re ven ue Divi s ion FROM : Captain Ro n Frazier, Co mmande r In vesti gation Divi s i o n DA TE: May 7, 1979 SUBJEC T: Annua l Li q uor Out l et Repor t f o r the Per i od May I, 1978 through May I, 1979 f o r: THE JOHN 90 We st Be ll eview Requests f o r Po lf ce Ass i stance 10 Offi cer In itiated Enforcement Action 3 Incidents of Poss i b l e Li cense Vl o l at i ons 4 I • • • • • - • • ""'--11. t<OPO •tong AQ•nc;o. '· ~ne H•POft Numb.iir _I STATE OF COLORADO CUSTODY REPORT PAR T I i::".k.. -. ·~"' . D. ::l~-7.s:. b l\ 171. Custody \'1. 1172. Cu11odv C1 u1 114. ORI NumUer I ~ ~ArrH 1 I ) W elfare I I Adult '( I Mult i ple A rr111U ---<)'Ct Arrest Warrant Ap p1tc 1111 1on -~ ll, ) Detent ion Pl acement ~ Juver'lll• 1 Prou1cut1o n 1173. UTN Numuet ( ) Au11t Other AQ•ncy I I Juve ni le F iling I Re p ort z w I Custody Oate /T1me 1 175. Cu1tody L.ocet ion 12~=C oo• " C"!-0 4-1") C\n W . i<_, ,... ,/1~..I 0010 -J CODE · S -Su1pect J -Ju111en ile A -Arrutee SB -Sub1 oc1 87 C oo• 11es;:;,,;;;;;. .. 1J;;;:••I bA~ I' 77 A l l H (••I , 7 1C H E:.n1ry No.1 ' .::9. Opera t or I 0 -I 178 S uo1o c 1 • Add'On /J / I ~~·'•"h o n • 17 Y So c1 ~1 S e curity ,..,_umtte r Re!.. !.'f:?1J, _{£._ :;;;,~~Q _ ~· ~ L1 ~•,::"'_:lr_:_~_ c :_:''_"' .!. 6 0:: ,! "-2;_-_!•=-'f---(C<.A £/~v .t" .... ~,.,,Ak ~.b~ ...J . -,,,,.J:_.,..j t .#<<-.,.) 180 L o c al Agency ~uh,('.1 N o lMl"loll I Bus . ,ol-r .... 181 . Date of Birth . 182.Sn ~_:Rec•r84 . Ago 1'85. Ht. 186. Wt, r87 .Helr r88.l:YH r80 M•r +t.J I SlilhH t90 Opc r.;1101 s Ltt.• ',, u ~lo~ -0 1-'-~ ,:-"' 1$' S-7 /ZD !Aw /j.._.,, :S .N<, t~ N 1u nL-o r - :::i , 92 P J.;i ce of Birth (C t tv . S1ate or Country) 192e.POB "'1111 193. Occvna u on HJ4 . Sub1u ... 1's Act ion s "' N-::.J 0LL ,_...JS. !.A ~"""~,...) ;-0 · Re.1\teo t ·l 195. Employer IF 1rml Name 1'96. Emp loye r t Firm) A ddress 2 Arm e u J 4 · AhlH•I UttJ 011,.._u r 197 . ln1u r y /lll n eu 198 . Tre•ted 199. T r .. tttJ By 1200. Where T rea tao /01 U;;>1 1,1 1 I ) v .. ( l No 202. V 1s1ole l n1ur1es 1203 . H.;1~1 "' "')o(..l Y 1,i., l 1 -. CODE : f -Father Sf -StBPf •thtr M -Mother SM -S1epmo1her G -Guard 1.1 11 2 04.Codc 205. Name (Last , Frrn, Mlddle l 206. Address Z ip Code 201 T,.1 •. 111. "'-1 I~. I b4.A=NA><.i Au. 1 _'1'21 fl. £ ._ -~~~~--------..G..."'>.!> :7' 2-•I_ --.... ;YI u1~ Bus, z w AH, :;.: ---------------------------w Bus. l I _, 0. 0. Res . ~ .!.. I :::i -------------------------I "' Bus. I I w Res. 1 .!.. I _, -------------------------z B u s . I 1 w > 208 P orso n No11tied of J uvenile Cuuoav (L•U, F1r s1 , M idd le ) 1209. Re la11 onsh 1p 1210. Date /T im e No1 11te U I ;:i 21 1 , Ju\/en1 le Ae teued T o (Last, F irst , Middle) 1212 . A e lat 1onsn1p 1213. Signat ure ot Per son Rece 1111ng 1214. Oate/T lf"•'Uit H•l.-aselJ I 2 i S , Response 10 A 1gnu 2 1 6 , Agency Action · Turned Ov°' to Otho• Agon~ fl ~' f 0 -S ll en1 0 R e•eHed on Summons 1 · Mun •c 1pel J a il Name ot Person Rece1v•no ~u..vr.n -~~ -~ __ z 1 --Ac6.. nowtedge d 6 County Jatl v / 9 ( Q Youtn Cente r Ag•n cv N•m • I L-Jr ______ .... 2 -We •\1 8C1 4 Oetoi..+l lc a11on Cenurr iii J -S t ateme nt 5 · Released, Pendi ng Chargei Adareu ~ ~ ~ ~ w .' .l/UlA ,JL, 0 6 · Re•eastd. No Ch•rges 7 6 {_ -t_!._t?G 0. 7 O tner "' 4 -No1 A1JPl1c0Ule Tele µhone N u mbe r '"""" Ci O atetT 1me oi Ac tion Q~-0<4-7~ 121 7 . AON ~ .nu CJS Number .... 21 9 S ta tute N v m o e r 220. Ch erge 2 2 1. Often .. .... 222 Sum "'o ns N o 22 3 224 J'J.'j O r din anc e Number Wanant No. Myn1 S ta t e ;~'!!-ct "' V o s Nu w " a: e,.,.-......, '-L y I <( 7~.Z:7 !>'-r u I ·o Snc. t•on Syc~ 1,..M.l1 c~l"E-{) ( • o<;.&i ) • ull•l.tCtl Sw~<T '7"/~&leMJGO le;d w ~ ~.;z 1c 6AL w . > : t F.t<.>c ,.,,. L ,;;a 4µ~6 . 4 CT1 i/f µ..,~lfy AGJM ~~ < { >= 'lu .6e "--' ~~· . " ,, '70 w <( -(-;' v ~C-;J .,()~ gf) -/.)///! T1I£ ;;::Jo11.u z . _, l_t S,:,-??v1eiU - I . 1--,. ,·~·in:z1 ~:d 1;:b;I ~~ll·~~~r ~ 160. A u ognuo To !.1 1. ~ ••• _j__ ,..: a: ot L_ U I u 71 i:"lEF 5 ,...-\ ttll 11'.)w / • • • • • rnGLEWOOD POL I CE UEP ARTf.CNT INCIDENT REPO RT ~/if: D •c Oc. 7,. b 11,J. CR I_$__-!&32$ DOB ~ c:>r--I _-'.'i::_ __ AJDRESS_--'9_.,()'-.!tyl~....!.i3".lsi..:u=c:;;...-::..v'!.:llr:..W=. ___________ PHON[ II 2.{Z_-~----- NATURE: LtQ<.Jp-g <&Pc Vto<-l'fTU>tU ct:TAILS: \ o . Tt!'Su Re:Jte b.aa11t, ons~ue-b A1frzyc M mALes l.~<:>"l".J<x t-it& '1pl!€'. tier &v!.Sft? er ~N •c tfltnq..J fkrl'-1AJ. Of-f C..s.,.~IZJf"L IWb PEs . Off. F(d q>g&g= rkso #?&e"SE'l!JT . PAGE _J_ of -/- ,., • • I • • - • • n / AUDRE$S OCTAi LS : ,<;_~ JJ -, ' • • • El~G LEWOOD POL I CE [.(PA RTf.CNT I NC I DE NT RE PORT 4;4'¥< f 1>U..4'il;-( '( ;!,/, H ~-()r j . ,,I "5 A r ----008 __ / __ / __ _ -----PHON C h __ ------ __,J_1 _-'00'-=3=--'__,/lot'.='-.s=--'-n;,"-'-'-..::"'-4t~~1F;:;__ _ _,_/:::.i...;J~o:..,...._:.:.'<.:::A~~~=~=,J~_._f__:41.L!.!"·<~ 4?AN f..M,.,,.,;,J e, (),.} 71-4: -14'k•t 7 ·. I 11-.P' I • I • • -• • l:l<CL[\~()OD POL ICE lJ[PARTf.'(NT IN Ci DEf\/T R!:.PORT OAT( _z__;d_;~ If< , 7 • -_/..._7_•_4_.._ __ RP /Bus IJA I>{ __ , __ ! __ _ ADDRESS --------------------------PHOll[ 11 • N A TUR E :------------~~-~-~---------- C£T A I LS: '1 , , l~I A '1 ('J ( F __ l_c_·_I o ___ _ " /· -/I ( H /1/-u _:_ ~ ' /) « -O F-k f (. (I l "7 ( L1 ~J(' . 10 \,. . (t. «U -~t ,t I I 1 ) /1,/r11, ( JJ c'>' I ( •f 1 <{ ;v << d r r o ,,j~;,o ' I { C /L,, <, /)/.t i ,j ~'ir t r r " ,) , 4~ /ft . //.'JC)( '¥Ill E<: (!Vt-./ J;,.J I I /,;.(\ .I '--1::£. ~' 1 r '•1 ,. 7 t .,..- ( (t i' ( A I ;t/,1 1 11<,; .U < ~i ,j :1 A ;<{'\ f /'J ,N .' I'_ .. ~ _ __d: 1f /, I , I ., ' • /.; 1 ~IV. /." (, 11 ' /'~ _ _.d',.;:_....:'"..:.'.:..,I',..:., :.c~J'-"(..1..1 --0';.cr_-'-l-'-t-'•-"--' __ ,_<.. __ -~"-'1'--_7'-1'-'1"-l'-'(C'---'(---'-'I li..._{~1..._i_-_~/..._r/c-_· __ .M_6_J'_._ • I { ( {l I \ ( ~ PAGE __s..:.. o f 2_ • ~ \ OFFICER \ ~ I • ( 'D 7 • • - ct • • • • CR # _ ;'') ~/8v5 I I I .1 lJOH PH()t~[ q NATURE . I //,.. ~dr,t: /'4 ,u_~~~-_:_~-~'.'/,..; __ ~~t '_ /).rc ·t~------ ,(' & 1.'/.l;J;: :.._, • n ,,.,f-~ ,. fffio , }",4.1 ,4:< *?, :. 'u /(. <><•( H... <;; OCTA i LS : 16 y,..; o -.~ -~-~f~_t_-t_l;./D~~v<~'"~}~•-•_1,_1_ll_,_,,,_~f-~-~~-·-·_·· __ &e .v ,1i.-~e""'er) t-..-77/,..; ,..14,&t'"'>+\ "li"" /k.t 1J l& .•. :1 •• !..5-c'X"<,,d:<;,('AJ ~ ~J di!/'rk,.C-····.1:-ty ~./E V <·• /.'E~~~E-iLt;fl II Ap..·v~~D!~.d.t..£.--8-.:.:!~+1,; wt=x.",c -'u~.'1l.J <:;B'!) ey t:.,& f &t TA·~,Jy Le-"1\.J,,d\ 7J4 (:~i >f A <,S~/1'1£,,,..,'T : {/{& ... /€-<,~S B-~...1.t.;..JI?<'.) ]_ ~·,.: l-(111 !, ,11,llJF k!.'I /">1.:!.IJ..j .1 ~ ;;-l'.lrl -iF ,., {_~re.. .!<:> G...:t .. ~<'r.-Uf--..J J r: ._q.LL . 41'.j; t+c £_,.'i..J~!'!.f=~)~(J.I) c:c --~~;7 6.~-1 (")...:~ /rl-~:.r= &,1 ( {.11"/-·-ll(,,..,t:~ I ------------------ ---·---·----------------------------- ------------·---------------------- / -/ -+-~-"'-c -'-'-l.u~g/-"t-::-~'-::--R ---· __ -:_ ._c1 ( • • PACI: f o f •D1 I I • • JWle 26, 1979 William Gil1110re 2934 South Detroit Way Denver, CO 80210 and Rodney Utz 3015 South Josephine Denver, CO d0210 Dear Messrs. Gilmore and Utz : • • • Tne Englewood City Council will be considering the renewal of the 3.2 beer licenae of The John at its July 2, 1979 Council meeting. In its yearly report, the En6lewood Police Department ahows numerous police calla. Becauae of the number and type of calls, City Cowicil will want you to ap ~ear this Monday, July 2, 1979, to answer any ~ueationM they llliiy have. The CoWlcil meeting begins at 7 :30 p.m. and your place on the agenda will be early in the l.Q&etin~. If you have ~ueMtiona about the Police Department's call report, please call Ca~tain Ron Frazier. If you have any other questions, plea»• call myself or ~ric Johannisson. Cordially, Willi am D . James Di recto r of Financ e I J lw cc: Robert Holmes , Police Chief Ron Frazier, Police Department Ct:RTI FIEO MAIL • I • - 0 • • • • • BOARD OF ADJUSTME T AND APPEALS CITY OF ENGLEWOOD , COLORADO MAY 2, 1979 SPECIAL MEETING--MINUTE S 5 A The special meeting of the Board of Adjus tme n t and Appeals was called to o rder at 7:30 P.M . by acting Chairman Oliver . MEMBE RS PRESENT : MEMB ERS ABSENT: ALSO PRESENT : Kreiling, Se ymo ur , Ha l lagin , Leon ard, Daws o n , Oliver. Brown, Pra tt (Presen ce not required) Clark, Assistan t City Attorney Pittman, Chief Building Inspec t or Christy , Rec ording Secretary -------------------------------------------------------------------- At the direction of the Arapahoe County Court, this specia l meeting was called to address the Findings of Fact i n Case 34 -78, 4840 So . Inca St ., Lawrence E. and Susan L . Jones. This hearing was held o n Aug ust 9, 1978 to con sider the request for a v ariance to permi t a Day Care Facility in an R-1-A residential z on e. The membe rs of the Board were polled individua lly and wer e asked to state their Findings of Fact up on which they based t hei r favorable vote to grant this variance as fo und in the previous meeting. A verbatim transc ript of these Findings of Fact was prepar ed and sen t to the Arapahoe County Cou r t . A final poll of the Board members was called and each sunnn arized their conclus ions and findings again. Chai rman Oliver stated that they again have six affirmative votes and feel even more strongly now than before that this case should have been decided as it was. Chairman Oliver decla red the Spec ial Meeting adjourned at 9 :00 P .M . Vileiie Christy Recording Secretary • I • • - 0 • • • • • MINUTES COUNCIL MEETING AND PUBLIC HEARING DENVER REGIONAL COUNCIL OF GOVERNMENTS MAY 16, 1979 Present: William J. Thornton, Chairman Thomas Eggert Harold V. Cook Cathy Reynolds Carl Winkler Vesta H. Miller William Cobern Paul Danish Doris Durdy Beth Jenkins George Drake James Lauratis Arthur Tice George Garson Fred Fisher Jim Lee James Collins George Chandler Norbert Meier Harold T. Hodges Michael Schonberg Rodney Sheffer Gary Lewman Jack Kinstlinger Also Present: Town of Bow Mar Arapahoe County City & County of Denver City & County of Denver Douglas County City of Arvada City of Aurora City of Boulder City of Brighton Cherry Hills Village City of Edgewater Town cf Erie City of Fe deral Heights City of Glendale Greenwood Village City of Lakewood City of Littleton City of Longmont City of Louisville City of Northglenn City of Thornton City of Westminster City of Wheat Ridge Colo. Dept. of Highways Diana Royce Smith, RTD; George Patterson, Longmont Mayor; James Jarvis, Denver Council Aide; James W. Petersen, Washington Park East; 5 B Carol Stamps, W. P .E .; Jim Schefe, W. P .E., Ed Alexander; E. Clark Johnston; Martha C. Johnston; Claudia Alexander; Michele Mahoney, Mission Viejo Co.; John Morehead, The Denver Post; Don Wyman, Denver City Councilman; Frances Carzloll; John Obienhall, D. O.; Lucia Cowperth- waite, Stokes Place-Green; Thomas Q. Benson, DRCOG Attorney; Bill McCall, Arapahoe County; Roger Allott, Chairman , CJAC: Bill Koleszar, Chief, Arvada Police Dept.; Craig Camp, Chief, Northglenn Police Dept.; Robert D. Farley, • I • - - 0 • • MINUTES -COUNCIL MEETING AND PUBLIC HEARING MAY 16, 1979 Page two • • • Executive Director, DRCOG; and various members of the DRCOG staff. Chairman Thornton called the meeting to order at 7:40 p. m. Roll was called and a quorum declared present. Public Hearing on Plan Amendment. Chairman Thornton convened the Public Hearing in accordance with estab- lished Council procedures for public hearings on plan amendments. The following plan amendment was discussed: Denver Councilman, Don Wyman, submitted a request for an amendment to the adopted long range Highway Plan in accordance with the DRCOG Gen- eral Plan Amendment procedure. The request is for the deletion of Alameda Avenue from the long range Highway Plan as a Principal Arterial from Down- ing Street to Cherry Creek North, including the crossing of Cherry Creek. The request proposes that the facility be classified as a Collector roadway. Since there is no bridge over Cherry Creek and since it will probably be many years before funding would become available to construct a bridge, and further, since residents of the area are opposed to the construction of said bridge, it appears appropriate to change the ~esignation at this time. A number of persons submitted comments and written testimony and a com- plete summary of the proceedings is attached to and made a part of the file copy of these minutes. Final action will be requested by Council in June on the proposed amendment. The June Council meeting will be held on June 27th at 7: 30 p. m. in the DR COG offices. The Public Hearing adjourned at 9: 35 p. m. After a five-minute recess, the Chairman called the DRCOG Council meeting to order. Minutes of April 1 8 , 1979. Council on motion b y Mr. Lee, suppo~ted by Mrs. Miller, unanimously adopted the minutes of the April 18, 1979 meeting. Summary of the Executive Committee Meeting held this date • Mr. Cook, Vice Chairman, reported verbally on the meeting and responded to questions from Council. • I • • • MINUTES -COUNCIL MEETING AND PUBLIC HEARING MAY 16, 1979 Page three Report of the Chairman • • • Chairman Thornton reported on the NARC Conference held in Detroit; and reminded Council members who had not yet registered for the Policy Work- shop on May 31-June 2, 1979 to do so as soon as possible. Report of Committees Mr. Fonvielle, DRCOG staff, distributed a recommendation to Council from the Citizens Advisory Committee stating that they recommend that the MPO move directly to Phase III in the Regional Highway Plan Restate- ment Process with reference to the Restated Plan. Mr. Cobern reported that the Urban Systems Committee will meet sometime before June 27th, and notices will be mailed as soon as the date is finalized. Mrs . Miller reported that the Program Committee heard an update on the status of S.B. 480 which would transfer the Water Quality Control Com- mission from the Dept. of Health to the Dept. of Natural Resources. DRCOG Meeting Date Changed The meeting date for the June meeting of DRCOG has been changed because of a conflict with the annual meeting of the Colorado Municipal League . Instead of being held on the third Wednesday--June 20 --the meeting has been moved back a week and will be held on June 2 7. Transportation Plan Restatement Mrs. Miller stated that the Program Committee on May 2, 19 79 recommended Council adoption of the Transportation Plan Restatement Resolution. Mr. Scheuernstuhl , DRCOG staff, reported that the Transportation Plan Restatement Process has been. one of taking a look at the currently adopted Plan to see what changes could be made to address fiscal cons train ts, environmental concerns, and other criteria as outlined in the slide show which was shown to Council. If in making those changes, staff is satis- fied that the Plan is feasible, addresses and can obtain the air quality stan- dards, as well as can satisfy a number of the other criteria. The recommenda- tion is to proceed to Phase III to make any minor refinements, deal with issue corridors, and move toward adoption of that revised plan. The other option is to move to Phase II a nd start from ground floor again • • I • • MINUTES -COUNCIL MEETING AND PUBLIC HEARING May 16, 1979 Page four • • • The decision at this meeting is to affirm the recommendation from the staff and the Transportation Committee to move to Phase III. Council was then given background as to why Phase III should be initiated. Mr. Kinstlinger noted that the Transportation Committee, at the same time that it made the motion to go to Phase III, also recommended that staff do the necessary work to allow this Council to adopt the Restated Plan as an interim plan this summer, rather than continuing with the current plan for the year of 18 months that it will take to finish the work. They felt it would be better to adopt the restated plan with issue corridors identified and then at the end of Phase III resolve those issue corridors one way or the other. This is a position that the Highway Commission adopted at its last meeting. While this is not an issue that Council was asked to consider at this meeting, it will be considered by the Transportation Committee meeting on May 23rd, and will probably be before the Council during the next several months. Council on motion by Mrs. Miller, supported by Mr. Cobern, unanimously adopted Resolution No. 9, 19 79, A Resolution To Proceed to Phase III of the (_ Plan Restatement Activity. (A signed copy of Resolu- tion No. 9 , 19 79 is attached to and made a part of the file copy of these minutes.) • 19 79-80 riminal ustice Plan Re ommendation for Submittal to the State Mr. Shannon, DRCOG Staff, stated that the 1980 Plan represents the eighth year of Council's involvement in criminal justice. It is the first Plan de- veloped with Mini-Block designation, i.e. a designation which gives Council a target allocation for 1979 and 1980. The mini-block authority is accompanied by administrative responsibility for all grant awards, planning and administrative authority for the non-Denver portion of the region. For FY 1980, a mini-block allocation is unspecified at this time because of the development of new legislation for the reauthorization of LEM. Twenty-eight projects were submitted to be considered for funding. Projects were reviewed and prioritized by the Criminal Justice Advisory Committee. A brief description of each project was submitted with the agenda for Council information. Council on motion by Mrs. Miller, supported by Mr. Cobern adopted Resolution No. 10, 1979, • I • • - ( ct • • • • • MINUTES -COUNCI L MEETING AND PUBLIC HEARING May 16, 1979 Page five A Resolution Submitting The Program Funding Portion of the 1980 Criminal Justice Plan to the Colorado Diyision of Criminal Justice Planning for Incorporation as the Non-Denyer Region HI Comoonent of the Statewide Plan for Criminal Justice. The motion ca med with Messrs. Chandler, Lee and Sheffer voting no. (A signed copy of Resolution No. 10, 1979 is attached to and made a part of the file copy of these minutes.) Briefings on the Following Programs/Issues Mr. Scheuemstuhl described the purpose and objectives of the Air Carrier Site Selection Study Management Plan; Elaine Good briefed Council on the increased usage of and response to the Carpool Marketing Campaign; Bob Doyle reported the results of the SIP/EPA Resolutions from local jurisdictions in response to the directive from the Air Pollution Control Commission; and lastly Al Foster gave a status report on S.B. 1. Mr. Farley noted that a more detailed list will be distributed to Council on the response from local communities on the SIP resolution requested by the Air Pollution Control Commission. Mr. Farley gave a status report on the NARC Conference held in Detroit from May 5 -9 , 19 79 . Adjournment There being no further business, the meeting adjourned at 10:45 p.m. ATTEST: Robert D. Farley Executive Director William J, Thornton, Chairman I • • ( • • • • MINUTES OF ENGLEWOOD HOUSING AUTHORITY REGULAR MEETING May 30, 1979 The regular meeting of the Englewood Housing Authority was called to order by Chairman Thomas J. Burns at 5:15 P .M., May 30, 1979, at the Simon Center. Roll Call Members Present: Members Absent: Others Present: Thomas J. Burns , Chairman David B. Clayton Rev . J. Stanley Fixter Cindy Peterson Be tty Beier, Vice-Chairman Rich Wanush, Director of Conununity Development Mike Reddy, Executive Director of Housing Toni Morris, Associate Housing Coordinator Jim Keller, Executive Director of Downtown Development Authority Max Saul, Consulting Arc hitect for Project #C0-48-2 Reading and Approval of Minutes The minutes of the Housing Authority meeting of April 25 , 1979 were considered for approval. MOTION DAVE CLAYTON MOVED AND CINDY PETERSON SECOND THE MOTION TO ADOPT THE MINUTES OF THE REGULAR HOUSING AUTHORITY MEETING OF APRIL 25, 1979. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: Notice of Special Meeting THOMAS J. BURNS DAVE CLAYTON REV. J. STANLEY FIXTER CINDY PETERSON NONE The "Noti ce of Rescheduled Meeting" and "Consent to Rescheduled Meeting" were introduced. Mr. Burns stated that this Notice was needed as the meeting on the 4th Wednesday would have been May 23rd and this Housing Au tho rity meeting is being held on the 5th Wednesday of the month. Explanation of Simon Center Waiting List Mr. Clayton asked that the explan~tion of the Simon Center waiting list procedure be postponed until more members were present . • I • • • • • • Budget Review Mr. Reddy stated that the Rehab budget has no t bee n e ntere d in the computer as yet. It should be in next month 's budge t summary . Mr. Clayton questioned wh e ther or not there were any problems in relation to the amount of money spent this year with the amount of money that is in the budget . Mr. Reddy stated that there is nothing in the budget that is out of line. Discussion of the individual budgets ensued . Section 8 Existing Mr. Reddy stated that the mo st important development in the Section 8 program is the 20% increase in the Fair Market Rent. This helped us get a substantial amount of ce rtific ations processed. There have been seven new l eases signed as 0f the 1st of June , 1979. Mr . Reddy stated that if the Fair Market Rent at the national level is ra ised, we will not be able to keep the 20% increase we have now. Ms. Morris stated that there is a good poss ibility that we will be facing a decrease in FMR in August . How ever, the odds a re very slight that the FMR will increase 20\ over what i t is now. The end result could be a 10% loss in FMR for our program. Mr. Reddy stated that our 20\ incr e ase will probably help us out for the ne x t six months. Ms. Morris stated that the proposed r egulation on the national 20% increase of FMR will have a period for c omments from the Commissione rs of the Housing Authority . Rehab Mr. Reddy stated that a great deal of interest in the Rehab program was generated since the Public Hearing. Out of the 1 2 applicants who showed interest, four will go before the Rehab Loan Committee in June. Mr . Reddy stated that the staff is to take a s e rious look at how the loans for Rehab are being processed. He stated that he hopes to streamline the program and eliminate some steps; i.e., minimize paper work, shorten response t ime for verifications, allow more staff time at the front end of the p rocess . Ms. Morris then discussed the foreclosure issue of one of the Rehab applicants. She is going to c all Kirk Wickersham, Attorne y for the Housing Authori ty , to find out what our next step should be regarding this c ase . Ms. Morris stated t h at two letters have been served by the court processor to the two parties who are behind in payments on their Rehab loan. On e of the parties is making attempts to pay on the loan a nd straighten the situat ion out . Th e other party has only sent in one payment. Th i s party is not cooperating at all. Discussion ensued regarding this issue. Simo n Center The waiting list procedure for the Simo n Center was briefly discussed. Th e re was a short break for dinner. P ubl ic Ho u sin g Proj ect #C0 -48-2 Max Saul, Co nsulting Archite ct for Project #C0-48-2, discussed the Developers Pac k e t a nd wha t is included therein. Mr. Burns stated that a decision needs to be rnade regarding how detailed the packet needs to be in te rms of the cha nges to be submitted. Mr. Saul recommended that on the family units the design not prohibit handicapped faci lities; i.e., do not provide high stoops, steps, etc . • I • - • <. • • • • He stated that the design could be such that the unit can be conve rted with handicapped facilities; i.e., ramps, large bathroom door vs . a small door. Mr. Saul stated that it is very important that the City of Englewood 's regula- tions in terms of square footage shall be followed which may or may not be in excess of HUD's standards . He also stated that under the section on Dwelling Design and Construction it should be added that a cce ss to the building not be with steps. Mr. Saul stated that the buildings will probably be two -story structures. Some of the ~drooms would be located upstairs which would rule out handicapped people occupying them. At least one of the units would have to be designated so that one of the bedrooms and a bath would have to be downstairs. It doesn't mean that all bedrooms have to be handicapped provisions. Mr. Saul suggested that one of the units be designed as a barrier-free unit to meet the code. He suggested that the other balance of the units in the design be in such a way as to minimize the necessity for steps and ac cess to the front door. Mr. Saul stated that he wants to establish a few guidelines as to what the Housing Authority wants in these family units. The Housing Authority is to take their selection of a deve loper to HUD, and HUD will in turn evaluate the Housing Authority's sele cti on of the developer for the project. There can only be one developer; the project c annot be split into two separate projects. However, the developer may have two contractors or subcontractors for the job as well as two arc hitects. Selection Process Mr. Saul suggested that when we get all the developers submissions on the project in, the following items should be considered: 1) content of what they should be submitting; 2) a model (scale model) of the project . Mr. Saul stated that it is best to have a scale model at the .initial stages of the project so people will better understand the concept of the building. The develope r will have to hire an architect to provide services on the project. Mr. Saul's c riteria worksheet for the evaluation process of the architect is: 1) Developers' ability to perform 2) Quali ty of product to be delivered 3) Cost Mr. Burn s then entertained a motion to adopt the developers packet as drafted by Maxwell L. Saul and Associates. MOTI ON REV. STAN FIXTER MOVED THAT THE STAFF ADOPT THE DRAFT OF THE DEVELOPERS PACKET AS DRAFTED BY MAXWELL. L. SAUL AND AS SOCI ATE S AS AMENDED. CINDY PETERSON SECONDED THE MOTION. THE MOTION CARRIED AS FOLLOWS: AYES: THOMAS J. BURNS DAVID B . CLAYTON REV. STAN FIXTER CINDY PETERSON NAYS: NONE Mr. Reddy stated that the next resolution would be to endorse the developers selection criteria to include the three main items discussed earlier -1) ability to perform, 2) quality of product , and 3) cost. -3- • D I . - • • • • • MOTION REV. FIXTER MOVE D THAT THE STAFF DEVELOP THE DEVELOPERS SELECTION CR ITERIA AND DEVISE A PROCEDURE FOR SELECTION. CINDY PETERSON SECONDED THE MOTION. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS : THOMAS J. BURNS DAVID B. CLAYTON REV. STAN FIXTE R CINDY PETERSON NON E Mr. Saul stated th a t in the developers packet ·it was asked that on the 1 0 family units that basements be provided if the site and soil conditions permit. He stated that the packet did not mention anything about including a garage or c arport on the units. It did , however, menti on off-street parking. Mr . Saul stated that if we don't ask for these items we will not g et them. It was decided to designate a one-car garage on each uni t instead o f having a carpo rt on each unit. Mr. Saul stated that in the developers packet he asked for two off-street parking spaces, one of which would be a garage . He is also adding a desire for outdoor storage (cubage) requ i r e me n ts for each unit . He wanted to mak e sure that each unit has i s ow n y ard. Mr . Saul asked the Board if they wanted i t stated in he p a c k et ha ach uni i s t o have a fenced yard. Mr. Reddy stat d that i t shoul d b e sta ed in h packe that the Housing Authority wants some kind of separation f or ach yard, bu no s tate the type of separation. Mr. Re ddy s a ed ha Ri c hard Holl from Security Pacific to disc u ss the s ite on Gi r a r d and o upd a te him on the Housing Authority's status with h pro j e c ar . r. Reddy stated that in regards to the f ly sites, one si e h as be d o on an d o ne is to be signed off on torno rr (May 31st ). Mr . Re ddy his by stating that two sites have been secured on an a greerne n basi s ; how v r , n o o ptions have been signed as y e t . Dis c ussion e nsued r egarding his issu . The r e bei n g n o thin g f ur the r to d iscu ss , t he meeting was adjourned at 8:4 5 P .M. -4- • I • • • • • The Englewood Housing Authority Minutes of the May 30, 1979 Regular Meeting were officially approved by the Commissioners on June 27, 1 979. Executive Director Englewood Housing Authority • I • • ( • • • • CITY OF ENGLE WOOD PLANNING AND ZONING COMMISSION JUNE 5, 1979 I, CALL TO ORDER . 5 D The regular meeting o f the City Pl anning and Zoning Commission was called to order, Vice-Chairman Lathrop presi ding, at 7:00 P .M. Members present : Williams, Becke r , Bilo, Draper, Lathrop, Pierson, Smith, Carson Wanush, Ex-o ff icio Members absent: Tanguma Also present : Assistant Director D. A , Romans ; Associ ate Planner Alice Fessenden , II , APPROVAL OF MINUTES , May 22, 1979 Vice-Chairman Lathrop sta t ed that Minutes of May 22, 1979, were to be considered f or approval. Draper moved: Bilo seconded: The Minutes of May 22, 1979, be approved as written. AYES : Becker, Bilo, Draper, Lathrop, Smith, Carson NAYS: None ABSTAIN: Williams, Pierson ABSENT: Tanguma The motion carried. III. CENTENNIAL SO UTH SUBD I VISION South Decatur Street/West Union Avenue Will iams moved: CASE #14-79 Pierson seconded: The Public Hearing on Case #14-7 9, Centennial South Subdivision, be opened, AYES: Smith, Williams, Becker , Bilo, Draper, Lathrop, Pierson, Carson NAYS: None ABSENT: Tanguma The motion carried . Mr. Lathrop asked f or the staf f presentation on this matter , • I • • • • • ·-2- Mrs. Dorothy Romans was sworn in, and testified that she is t he Assistant Director of Planning in the Department of Com- munity Development. Mrs. Romans testified that the staff is v ery aware of the time problems deve lopers and property owners experience in trying to get proposals approve d by the City. Jn an attempt to expedi t e such approvals, matters ar e sometimes scheduled for the agenda in advance, and on occasion, all the i nformation needed for full consideration is not available at the time of the mee ting . Such is the case in this instance, where the s taff has been unable to get answers to inquiries fr om the Valley Sanitat ion District, from Mountain Bell, and fr o m two branches of Public Service . Mrs . Romans stated that she fe lt this informa tion could be very important in making he presen tation to the Commiss ion, and for this reason, the s taff asks that the Public Hearing be continued to June 19th to give addit ional time to obtain the replies from the afore- mentione d compa nies. Mrs. Ro mans noted that Mr. and Mrs. Weaver are present ; they a re property owners o f one of the subject parcels, and a le tter fr om Mrs. Ferguson is in the file . Mrs . Fergus o n is the prop- erty owner on the second parcel, and she is i n favor of the proposed su bdivision . Mr . Schaf fe r, contract purchaser, is a lso present, Mrs. Romans reiterated that because of the further information nee d ed by th e staf f to complete the pres entat ion , the st aff does r e ques t continuation o f the Hearing to a date certa i n , Brief discu ss io n ensued. Smith moved: Draper s econded: The Public Hearing on Centennial South Su b- division, Case #14-79, be continued unt il Jun 1 9, 1979 , at 7:00 P M. Mr . Smith pointed out tha t both Councilmen would probably be absent at t h e meeting of June 19th due to atte ndance at the Colorado Munici pal League Co n fer e nce. Mrs. Roma s pointed out that this Plat is at the preliminary stage, and th e Hearing on tbe 19th of June wo uld be on the Preliminary Pla t; the Fi nal Plat wil l be referred to the Commission wh n it is pre- pared. She cautioned that there would not be another formal hear ing after th 19th of June, but that the Commission would have further opportunity to rev i ew the Final Plat . The vot was called: YES: Pierson, Smith, Williams, Becke r, Bilo, Draper, Lathrop, Carson NAYS: None ft BSENT: Tanguma The mo ion carried • • I • • - • ( • • • - -3- It was pointed out to members of the audi e nce that this matter is cont inued to June 19th , at 7:00 P.M., and they were urged to plan to attend that meeting . IV. CAPITAL IMPROVEMENT PROGRAM 1980 -1984 CASE #1 5-79 Mr. Wanush addressed the Commission, and pointed out that the City Charter provides that the Planning Commission shall, each year, recommend a five-year Capital Improvement Program to the City Manager . This recommendation is compiled from projects requested by the various City Departments, and the City Manager in turn makes his recommendation to the City Council based on the recommendation of the Planning Commission . Mr. Wanush stated that requests from only two of the City Departments were submitted in time to be included in the pa c ket sent to the Commission ; another report was submitted late Friday afternoon, and another department submitted their requests late Monday afternoon. The staff has not had an opportunity to assemble these requests in the proper format, and would request that this matter be postponed until June 19th . Smith moved: Carson seconded : The Capital Improvement Program, 1980 -1984, be postponed until June 19, 1979. AYES: Williams, Becker, Bilo, Carson, Draper, Lathrop, Pierson, Smith NAYS: None ABSENT : Tanguma The motion carried. V. COUNTRY CLUB JOINT VEN~URE CA SE #21-78 Mr . Wanush stated that this item is include d on the first agenda of every mont h for a "progress " report. He sta ted that last week, he met with Mr. Sternberg and the proj ect architect, who is Hans Kahn & Associates, and wit h t he con st ruction engineer and other consultant s . 'rt is the intent o f Country Club J oi n t Ven t ure to apply for pe rmits for Phase I within the next six weeks . Country Club Jo int Venture asked for permission to apply for permits for the low-r ise building s in Phase I, and Mr . Wanush stated that be told them that they would have to obtain permits for the entire Phase I, or give some assurance such as a completion bond that the entire Phase would be built out. A slight change in the development plan bas been proposed, which the staf f is still considering. The e ntire project bas been designed to a c commodate two vehicles per unit, and the parking struc t u res are proposed as surfa ce parking plus two decks below-ground, and two levels of parking under the high rise buildings . T hey have now determined that they cannot put • I • • • • • -4- two decks o f parking under the high-rise structures economically because of the support systems, etc. They have inquired as to the possibility o f ex t ending the park ing structure approximately 60' x 95' and accommoda te s urf ace parking plus the two decks below-ground . If this wer e done , as suming this modification would apply to all eigh t high-rise uni t parking s t ructures, the amount of useable open space would be reduced to the b are minimum or possibly just below the minimum required . Mr. Wanush stated that he has suggested to Lhe project architect the possibility of extending the parking st r ucture t o a c commodate two decks of parking below-ground, with landscaping on the surface level . This would not reduce the required open space, and the increased underground parking could probably be handled administratively. If they choose t o ex tend the park ing structure and have surface parking, this would require Commi ss ion action . Discussion en- sued . Mrs . Pierson asked about the possibility o f having an- other level of parking on the e xisting p arking structure -- surface parking and t h ree decks below-ground? Mr. Wanush stated that this was not sug g ested, bu t would be an option . Further discussion ensued. Mr. Smith asked i f this parking modification would apply to all the high-ris e buildings? Mr, Wanush stated that he told the applicants that he would have to make t his assumption, and figure the open space difference based on the modi fi cation of all high-rise unit parking structures , Mr. Draper asked if this would r e duce the amount of parking that would be provided? Mr. Wanush stated that it would re- sult in a slight reduction of parking spaces, but that the applicant is providing in excess of t he minimum required by the Comprehensive Zoning Ordinance. Mr . Bi lo stated that he fe l t the open spac e was one of the strong points of the revise d plan as approved by the Commission, and he would hat e to see th e open space lost through revision of the plans , Further discussion en ued . VI. PUBLIC FORUM . There was no one present for the public fo rum . VII . DIRECTOR 'S CHOICE . Mr. Wanush reminded me mbers of the America n Planning Association annual meeting in Snowmass on June 23 and 24, immediately followi ng the Colorado Municipal League meeting. He asked that those members who were wishing t o attend to please notify the office . Mrs . Becker and Messrs . Draper a nd Sm ith indicated an interest in attending • • I • • { • • • • -5- VIII. COMMISSION'S CHOICE • Mrs . Pierson asked abou t progress on the Comprehensive Plan . Mrs . Romans stated that the staff is doing graphics and hopes to complete publication o f it this month . Meeting dates for July were discussed . It was determined that the meetings in July should be on July 10th and July 24th. Mrs. Becker reminded Commission members and staff of the pot luck scheduled to be held at her home on June 10th, beginning at 2:00 P.M. with the meal scheduled about 4:00 P. M. Mr. Tanguma entered the meeting during the above discussion. The meeting adjourned at 7 :45 P. M. • .. I • • - • ( • • • • 5 f MINUTES ANIMAL CONTROL COMMITTEE June 11, 1979 The bimonthly meeting of the Animal Control Committee was held on Monday, June 11, 1979, at 7 :00 p.m. Members present were Joe Bilo, Thad Carson, Harold Ambrosier, Dave Long, John Tidwell , and Dr. Kim Stone. Absent was Howard Brown. Mrs . Hattie Ambrosier was a guest. The minutes of the last meeting were read and approved with the following correction: Under 11-11-12 : VACCINATION REQUIRED -- it will read: "Each dog by six (6) mon ths OF AGE . " instead of "Each dog by six (6) mo n ths old ... " The committee then continued their discussion on cat and general animal ordinances . See attachments for results of that discussion. The next meeting will be held on Monday, June 25, at 7:00 p.m . At that time the committee will review the dog and cat ordinances before presenting them to the city council. They will also review the general animal definition s and begin discussion on 11-11-4 2. Meeting adjourned at 9 :00 p.m . Laura Ann Hinderaker, Secretary • I • - • ( • • • .. • MINUTES ANIMAL CONTROL COMMI TT EE June 25, 1979 The bimonthly meeting of the Animal Control Comm i ttee was held on Monday, June 25, 1979 , at 7:00 p.m. in the Englewood Publ ic Library Conferenc e Room. Me mbers p resen t were Joe Bilo, Thad Carson, Harold and Hattie Ambrosier, Dave Long, John Tidwell a nd Dr. Kim Stone. Howard Brown was absent. The minutes of the previous meeting were approved as written . The Committee then continued their discussion on the general animal ordinance to be submitted to the city council. Artic les I and II were revi e wed and approved with minor c hanges -see attached. The next meeting was scheduled for July 9th at 7:00 . Article III will be reviewed at that time for final approval. The meeting adjourned at 8:30 p.m. M. J. Lundy Temporary Secretary • I • - ( ( • • • • The following chang es were made t o mat erial alr eady s ubmitt ed on dog and cat ordinance - In Def inition of Animal s - Ch ange "fowl" to read "avian (fowl)" -a bird of any kind, including chic ke n, wat er fo wl, e t c. Under "G oats" strike "hollow horned" ARTICLE III -The following changes, additions and deletions were made. 11-11-42: PREMISES KEPT CLEAN Any person wh o owns or controls any lot, barn, stable, shed , building o o ther place wher e dom estic a vian (fowl) or animals are kep t, shall kee p the building and premises in a clean and sanitary condit ion and shall remove all manur e from the premises at least once each week . 11-11-4 4: ABANDONMENT OF ANIMALS It shall be unlawful for any person to abandon any animal or to caus e such to be done. 11-11-45: CRUELTY TO ANIMALS It shall be unlawful for any person to overdrive, overload, drive when overloaded, overwork, torture, deprive of necessa ry sustenance, cruelly beat, mutilate or kill needl essly , or to c arry in any vehicle o r o th erwis e transport in a cruel and inhuman manner, any animal, or to cause any of th ese acts to be done. It shall be unlawful for any person havi ng charge or custody of any animal to fail to provide it with proper fo od, drink and protection f rom the weather, or to cause any of these acts to be done. 11-11-45: MOLESTING BIRDS It shall be unlawful for any person within the city to at any time f r ight n, shoot at, wound, kill , take, cap ture , ensnare , net, trap or i n any other mann er moles t or injur any b ird , fowl o r water fowl, or in any mann er mol est or injure the nest, eggs or yo ung of any such bird , fowl or wat e r fowl . 11-11-47: DYED PETS: SALE, DISPLAY OR POSSESSION UNLA WFUL It shall be unlawful for any person to possess, displa y , sell or give away dyed, colored o r in any way art ificially treated baby c hicks, ducklings, avian (fowl), rabb its or any animals as pets, plaything s , novelties or gi fts . 11-11-48: INDECENT EXHIB ITION OF ANIMALS It shall be unlawful for a ny person to exh ibit any stud hor se or bull or other animal i nd ecently, It shall be unlawful for any person to let any male a nimal t o an y female a nimal unle ss the same be d one in some plac e wholly enclosed a nd o ut of pub lic view. • 'l c: I • • • • • -2- 11-11-49: ZOOLOGICAL PERMITS (a) No person shall harbor , keep or sell or offer for sale any wild animal, wild bird, exotic pet, poisonous or d a ngerous r ep tile, snake or insect without firs t obtaining a zoological permit from the City of Englewood . In issuing such permits, the city shall establish such reasonable rules and regulations and fees a s are n e cessary and proper for the safe control and managem e nt of the aforementi oned animals, birds and reptiles. (b) The provisions of this section shall no t apply t o: 11-11-50: (1) A bona fide publicly or privately owned zoologi cal park . (2) A public ly owned animal pound. (3) A veterinary hospital. (4) A bona fide research institution using pet animals for a scientific research. ANIMALS RUNNING AT LARGE It is unlawful for any person who is the owner of any animal to permit th e same to run at large within the City of Englewood. Any such animals found running at large may be taken up and impounded. 11-11-51 : DISPOSITION OF DEAD ANIMALS When any animal shall die within the City, it shall be the duty of the owner thereof to remove the body of such animal, and see that it is disposed of in a sanitary fashion. If such body is not forthwith removed, the same shall be deemed a nuisance and such owner the author of a nuisance . When th e body of any dead animal shall be in any street, highway or property other than that of the owner, it shall be the duty of the Chief of Police , other polic e officer o r animal warden, when knowledge t hereof shall com to him, to c au se such body to be removed and disposed of in a sanitary manner. 11-11-52: RESERVED • 0 I . • • • • -3- ADDITION TO "DEFIN ITIONS " "O" "Animal running at large " -Any animal off of owner's premises, and not accompanied by owner. Owner defined in "J" above. • I • • • • • • MEMORANDUM TO THE ENGL EWOOD CI TY COUNC I L REGA RDING ACT IO N OR RECOMMENDATION OF THE CITY PLA NN ING AND ZON ING COMM ISSION DATE : June 19 , 1979 SUBJ ECT : Amendm e n t o f Comprehensive Zoning Ordinance §22.7-7 Sign Code RECOMMENDATION : Pi erson moved: Carson seconded: The Planning Commission recommend to City Council that the Comprehensive Zoning Ord i - nance, §22.7-7, S ig n Code, be am e nd e d as follows : 22 .7.7 Signs Permitted in Enumerated Zone District s. a . Low-Density Residential Districts: R-1-A, R-1-B, R-1-C, fbt2x~~ fbt2x~ R-2, R-2-c, and R-4. 11. POLITICAL SIGNS. SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH , POLITICAL SIGNS MAY BE ERECTED AND MAINTAINED; PROVIDED THAT SUCH SIGNS SHALL NOT BE A BANNER OF PAPER OR CLOTH, SHALL NOT BE POSTED MORE THAN FORTY-FIVE (45) DAYS PRIOR TO THE ELECTION TO WHICH THE SIGN RELATES , AND SHALL BE REMOVED WITHIN FIFTEEN (15) DAYS FOLLOWING THE ELECTION TO WHICH THE SIGN RELATES. (a) (b) (c) (d) PERMITTED TYPES OF POLITICAL SIGNS . WALL, WINDOW ANDGROUND. -- PERMITTED MAXIMUM NUMBER OF POLI T ICAL SIGNS. ~ TWO QME ~x* (2) SIGNS FOR EACH ~~ 1'UIK e~ :ru: mu LOT. PERMI TTED MAXI MU M AREA OF PO LI T I CAL SIGNS. ---- NOT TO EXCEED TWELVE (12) SQUARE FEE T WR :i'J\ft: TOTAL SIGN AREA . PERMITTED MAXIMUM HEIGHT ABOVE GRADE. SIX (6) FEET. ---- (e) PERMITTED LOCATION. SHALL BE WITHIN THE BOUNDARY LINES OF THE LOT ON WHICH THE SIGN IS LOCATED . (1) SIGNS ON PUBLIC UTILI TY POLES ARE PROHIBITED. (2) SIGN S CANNOT INTERFERE WITH TH E PUBLIC RIGHT-OF-WAY. • • 4 6 4 1 I • • - • • • • - {f) PERMITTED ILLUMINATION. SHALL NOT BE ILLUMINATED. (g) ANIMATION. SHALL NOT BE ANIMATED. b. High Density Residential Districts: JbtixA aJllil lbdhdll. R-3 • 11. POLITICAL SIGNS. SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, POLITICAL SIGNS MAY BE ERECTED ANp MAINTAINED; PROVIDED THAT SUCH SIGNS SHALL NOT BE A BANNER OF PAPER OR CLOTH, SHALL NOT BE POSTED MORE THAN FORTY-FIV E (4 5) DAYS PRIOR TO THE ELECTION TO WHICH THE SIGN RELATES, AND SHALL BE REMOVED WITHIN FIFTEEN (15) DAYS FOLLOWING THE ELECTION TO WHICH THE SIGN RELATES. . (a) PERMITTED TYPES OF POLITICAL SIGNS. WALL, WINDOW AND°"GROUND. (b) PERMITTED MAXIMUM NUMBER OF POLITICAL SIGNS. ~ TWO (2) exz ~~* SIGNS FOR EACH ~~ un n HE XalX LOT. (c) PERMITTED MAXIMUM AREA . OF POLITICAL SIGNS. NOT TO EXCEED TWELVE (12) SQUARE FEET ftll ft£!: TOTAL SIGN AREA. (d) PERMITTED MAXIMUM HEIGHT ABOVE GRADE . SIX (6) FEET. ---- (e) PERMITTED LOCATION, SHALL BE WITHIN THE BOUNDARY LINES OF THE LOT ON WHICH THE SIGN IS LOCATED . (1) SIGNS ON PUBLIC UTILITY POLES ARE PROHIBITED. (2) SIGNS CANNOT INTERFERE WITH THE THE PUBLIC RIGHT-OF-WAY , (f) PERMITTED ILLUMINATION. SHALL NOT BE ILLUMINATED , (g) ANIMATION, SHALL NOT BE ANIMATED . • I . • • • • • AYES: Tanguma, Becker, Carson, Pierson NAYS: Draper, Lathrop ABSTAIN: Bilo ABSENT : Williams, Smith The motion carried . By Order of the City Planning and Zoning Commission. ~,,£,,{~'.##~ rtrude G. We y ecording Sec~y • I . • STAFF REPORT Page -1- STAFF REPORT RE: • • • SIGN CODE AMENDMENT Case #13-79 Amendment to the Sign Code, §22 .7-7 of the Comprehen- sive Zoning Ordinance, to permit Political Signs in certain Zone Districts. DATE TO BE CONSIDERED: June 19, 1979 APPLICANT : Initiated by the City of Englewood. PURPOSE OF ACTION; At this time, Political Signs are permitted to be displayed only in the Commercial and Industrial Zone Dis- tricts. Many persons feel that it is important to generate as much interest as possible in the election process and, by permitting candidates or persons backing a particular issue to install political signs in the residential districts, more persons would be made aware of an upcoming election. PROCEDURE: Following the Public Hearing, the Planning Commission will make a recommendation to the City Council, approving or disapproving the proposed amendment. If the recommendation from the Commission is favorable, the City Council will hold a Public Hearing on the proposed amendment . If the Commission recommendation is not favorable, the City Council could choose to hold a Public He aring anyway. I f the proposal is approved by the City Council, the Council will amend §22.7-7 of the Comprehensive Zoning Ordinance by Ordinance. PROPOSAL: It is proposed that Political Signs be permitted in the R-1-A, R-1-B, R-1-C, R-2, R-2-C, R-4, and R-3 Residential Zone Districts, and that standards be established for the display of those signs as follows: • I • - • • STAFF REPORT Page -2- • • • SIGN CODE AMENDMENT Case #13-79 22,7,7 Signs Permitted in Enumerated~ Districts, a , Low-Density Residential Districts: R-1-A, R-1-B, R-1-C, BM2xA~ BM2xBJ R-2, R-2-C, and R-4. 11. POLITICAL SIGNS. SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, POLITICAL SIGNS MAY BE ERECTED AND MAINTAINED; PROVIDED THAT SUCH SIGNS SHALL NOT BE A BANNER OF PAPER OR CLOTH, SHALL NOT BE POSTED MORE THAN FORTY-FIVE (45) DAYS PRIOR TO THE ELECTION TO WHICH THE SIGN RELATES, AND SHALL BE REMOVED WITHIN FIFTEEN (15) DAYS FOLLOWING THE ELECTION TO WHICH THE SIGN RELATES, (a) (b) (c) (d) (e) (f) (g) PERMITTED TYPES OF POLITICAL SIGNS, WALL, WINDOWANDGROUND, -- PERMITTED MAXIMUM NUMBER OF POLITICAL SIGNS, - TWC>"ixx ~x* (2) SIGNS FOR EACH ~% 2':lxx ell ru uu LOT. PERMITTED MAXIMUM AREA OF POLITICAL SIGNS. ---- NOT TO EXCEED TWELVE (12) SQUARE FEET ftll na TOTAL SIGN AREA. PERMITTED MAXIMUM HEIGHT ABOVE GRADE. SIX (6) FEET. ---- PERMITTED LOCATION , SHALL BE WITHIN THE BOUNDARY LINES OF THE LOT ON WHICH THE SIGN IS LOCATED, (1) SIGNS ON PUBLIC UTILITY POLES ARE PROHIBITED, (2) SIGNS CANNOT INTERFERE WITH THE PUBLIC RIGHT-OF-WAY, PERMITTED ILLUMINATION, SHALL NOT BE ILLUMINATED, ANIMATION, SHALL NOT BE ANIMATED, • I • - ' • • • • • STAFF REPORT Page -3-SIGN CODE AMENDMENT Case #13-79 b. Hilh Density Residential Districts: •• R-3. 11. POLITICAL SIGNS. SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, POLITICAL SIGNS MAY BE ERECTED AND MAINTAINED; PROVIDED THAT SUCH SIGNS SHALL NOT BE A BANNER OF PAPER OR CLOTH, SHALL NOT BE POSTED MORE THAN FORTY-FIV E (45) DAYS PRIOR TO THE ELECTION TO WHICH THE SIGN RELATES, AND SHALL BE REMOVED WITHI N FIFTEE (15) DAYS FOLLOWING THE ELECTION TO WHI CH THE SIGN RELATES. . (a) (b) (c) (d) (e) PERMITTED TYPES OF POLITICAL SIGNS . WALL, WINDOW ANDGROUND . -- PERMITTED MAXIMUM NUMBER OF POLITICAL SIGNS. ~ TWO (2) ~xx ~%* SIGNS FOR EACH ~ un n rxx xexx LOT. PERMITTED MAXIMUM AREA OF POLITICAL SIGNS. NOT TO EXCEED TWELVE (12) SQUARE FEET ftX ftft: TOTAL SIGN AREA. PERMITTED MAXIMUM HEIGHT ABOVE GRADE . SIX (6) FEET. ---- PERMITTED LOCATION. SHALL BE WITHIN THE BOUNDARY LINES OF THE LOT ON WHICH THE SIGN IS LOCATED . (1) SIGNS ON PUBLIC UTILITY POLES ARE PROHIBITED. (2) SIGNS CANNOT INTERFERE WITH THE THE PUBLIC RIGHT-OF-WAY. (f) PERMITTED ILLUMINATION. SHALL NOT BE ILLUMINATED • (g) ANIMATION. SHALL NOT BE ANIMATED . • I . • • • STAFF REPORT Page -4- • • • SIGN CODE AMENDMENT Case #13-79 STAFF RECOMMENDATION: The staff is of the opinion that the display of Political Signs in Residential Districts within the proposed guidelines, will serve a public purpose and should be per- mitted. Particularly in the Englewood School Board and Municipal elections, the voter turn out is poor if not deplorable. It would seem that the majority of our voters have taken to heart the advice of William Butler Yeats in ~ .Q!!! ~ ~. to: " .•• stay at home and drink your beer And let the neighbors vote ." If more interest in these elections could be generated by the display of Political Signs, the staff would see it as a very positive step . • I . • • • • ENGLEWOOD WATER AND SEWER BOARD Regular Meeting June 26, 1979 The meeting was called to order at 5:10 P.M. Members present : Gibson, Best, Feamster, Harper, Mann, Taylor, Ullery Members absent: Schnackenberg, Witthus Also present: Leon Ducharme, owner of property at 3201 So. Zuni, Gary Mandarich, Civil Engineer and Stewart H. Fonda, Director of Utilities I. REQUEST FOR WATER TAP OUTSIDE CITY AT 3201 SOUTH ZUNI STREET Request was made from Mr. DuChanne for domestic water on his warehouse site at 3201 South Zuni Street, located in Sheridan. Englewood presently has a 12 inch transmission line in South Zuni which furnishes water to the northwest section of Englewood. Mr. DuChanne stated that his water use would be minimal and the only water used would be for domestic purposes . Mr. Ducharme stated that he would bring the water to property only and would not use it for a year. He stated that he presently has a well at this address and would be able to get by with it until the City has completed the improvements at the Allen Plant. He would like to be allowed to get his water tap as soon as possible as the street is scheduled for new paving in July, 1979. Mr. Best moved; Mrs. Feamster seconded: That the Board recorrrnend to the City Council approval of a 3/4 inch domestic water tap for the property outside the City limits at 3201 South Zuni Street. Ayes: Gibson, Best, Feamster, Mann, Taylor, Ullery Nays: Harper Absent: Schnackenberg, Witthus Motion carried . II.a RESERVE WATER DISTRICT CONTRACT Mr. Fonda stated that the Reserve Water District had violated certain terms of their contract which stated that the City would inspect the water line installation for the Reserve . The Contractor failed to notify Englewood to inspect any of the water main which Englewood would have to maintain under the present contract. The new contract will eliminate the maintenance • I • • • • • • -2- of the water system in the Reserve. Mr. Best moved; Mrs. Feamster seconded: That the Board recorrmend to the City Council approval of the revised water contract with the Reserve. Ayes : Gibson, Best, Feamster, Harper, Mann, Taylor, Ullery Nays: None Absent : Schnackenberg, Witthus Motion carried. II.b LETTER TO DENVER WATER CONCERNING THE RESERVE WATER DISTRICT Mr. Fonda stated that Denver might be favorable to furnishing water to the Reserve. If Denver would accept the responsibility of the Reserve system, it would eliminate the storage tank and the pumping system that the City of Englewood requires in the present contract. It would also be more economical for the Reserve to install the required pipe that Denver would need. This would also allow a looping system for the City which is needed in this area for fire protection. Mr. Harper moved; Mrs. Ullery seconded: That the Board recOITl!lend to the City Council approval of request to the Denver Water Board for water service to the Reserve Water District. Ayes: Gibson, Best, Feamster, Harper, Mann, Taylor, Ullery Nays : None Absent : Schnackenberg, Witthus Motion carried. II I . CONSIDERATION OF PARTICIPATION OF METRO FUNDING OF WATER CONSERVATION HANDBOOK Mr . Fonda stated that DRCOG was considering publishing a handbook on water conservation and that it would need metro participation for funding. Mr . Taylor moved; Mrs . Feamster seconded : That the Board recorrmend to the City Council approval to participate in funding the handbook on water conservation, participation based on population percentage funding. Aye s : Gibson, Be s t, Feamster, Harper, Mann, Taylor, Ullery Na ys: None • I • • - • • • • • • -3- Absent: Schnackenberg, Witthus Motion carried. IV. VALLEY WATER DISTRICT CONTRACT Mr. Fonda stated that a draft of a new total service contract is being considered with the Valley Water District. The Board members felt that they needed more time to study the contract and wanted to discuss it at their next ragular meeting. Mr. Taylor moved; Mr. Mann seconded: That the Valley Water District Total Service Contract be discussed at the next regular meeting in July. Ayes : Gibson, Best, Feamster, Harper, Mann, Taylor, Ullery Nays: None Absent: Schnackenberg, Witthus Motion carried. V. DRAINAGE SYSTEM AT OVERHEAD RESERVOIR IN GREENWOOD VILLAGE Mr. Fonda stated that the City is faced with a drainage problem at the covered reservoir in Greenwood Village if there should ever be a malfunction in the monitoring system that turn the water off at the storage tanks. This problem was more or less created by Greenwood Village when they allowed houses to be built close to the area. The City has offered to cover half of the expenses in constructing a drainage system. Greenwood Village is asking 80/20 participation from the City. Mr. Fonda stated that for the present time that a siren system could be installed at a nominal price which would alarm the citizens in the area that there was a spillage and they could notify the treatment plant of the alarm and there would not be danger of flooding . Mrs. Feamster moved; Mr. Taylor seconded: That the Soard review the drainage pro bl em again at the next regular meeting in July, 1979. Ayes: Gibson, Best, Feamster, Harper, Mann, Taylor, Ullery Nays: None Absent: Schnackenberg, Witthus Motion carried . • I • - • • • • • • ~4 ~ VI. SUPPLEMENT 10 GREENBELT SANITATION DISTRICT This is a single family dwell'ing on a one acre tract, located on Berry Avenue, west of Quebec Street . Mr. Best moved; Mr . Mann seconded: That the Board reconmend to the City Council approval of supplement 10 Greenbelt Sanitation District. Ayes: Gibson, Best, Feamster, Harper, Mann, Taylor, Ullery Nays: None Absent: Schnackenberg, Witthus Motion carried. The meeting adjourned at 7:10 P.M. Respectfully submitted, ,~a~ ,/ Kay Roberts Recording Secretary • • I . - • • • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD DATE: June 26, 1979 SUBJECT: REQUEST FOR WATER TAP OUTSIDE CITY AT 3201 SD. ZUNI ST. RECOMMENDATION: That the City Council approve a 3/4 inch domestic water tap for 3201 South Zuni Street. Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By 'ti? =T~ho-ma~s~E~.~G~i~bs_o_n~~~~~-P"-~ Attachment #l • • I . - • • • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD DATE: June 26, 1979 SUBJECT: RESERVE WATER DISTRICT CONTRACT RECOllt4ENDATION: That the City Council approve the revised water contract with the Reserve. Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By x!t!... =T~ho-ma~s~E~.-=-G,~.b-s-on~~~~....._,,=-= Attachment #2 • • I . - • • • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD DATE: June 26, 1979 SUBJECT: PARTICIPATION ON METRO PUNDING OF WATER CONSERVATION HANDBOOK RECOMMENDATION: That the c;ty Council approve partitipa t ·on ;n funding a Metro handbook on water conservation, Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By ------.J..::.x-P...,... Thomas E. Gibson Attachment 113 • I . • - • • • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD DATE: June 26, 1979 SUBJECT: SUPPLEMENT 10 GREENBELT SANITATION DISTRICT RECO~ENDATION: That the City Council approve Supplement 10 to Greenbelt Sanitation District. Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By Thomas E. Gibson Attachment #4 • I . • • • • • MEMORANDUM TO THE ENGOEWOOD CITY COU NCIL REGARDING ACTIO N OR RECOMMENDATION OF THE ENGLEWOO D WATER AND SEWER BOARD DATE : June 26, 1979 SUBJECT: LETTER TO DENVER WATER BOARD CONCERNING THE RESERVE WATER DISTRICT RECOMMENDATION: That the City Council approve letter of request to the Denver Water Board concerning supplying water to the Reserve Water District Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By Thomas E. Gibson Attachment #5 • I I . • • ORDINANCE NO. SERIES OF 197.~9~~- BY AUTHORITY • • • COUNCIL BILL NO . 26 INTRODUCE D BY COUNCILMAN MANN AN ORDINANCE AMENDING SECTION 42, ARTICLE IV (GENERAL PROVISIONS; RESTRICTIONS) OF CHAPTER 3, TITLE XV, OF THE OFFICIAL CITY CODE, RELATING TO THE REPAIR, REPLACEMENT, LOWERING, AND THAWING OF WATER SERVICE LINES WITHIN THE PUBLIC RIGHT-OF-WAY IN THE CITY OF ENGLEWOOD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORAD O , as follows: Section 1. That Section 42, Article IV, Chapte r 3, Title XV , of the '69 E.M.C. is hereby amended to read as follows: 15-3-42: NO RESPONSIBILITY FOR DAMAGE (a) Neither the Water Division nor the City in any capaci ty shall be r es ponsibl e or liable for damages to privately owned piping or fixtures s e rved by or connect ed to the water system, whether located in or upon public or private property, nor for damage to any person whomsoever or property whatsoever resulting from the existence, use, arrang em ent of, or a cci- dent to such water system; EXCEPT, HOWE VER, UNDER THE FOLLOWING CONDITIONS: (1) THE CITY, THROUGH ITS WATER DIVISI ON AND AT ITS OPTION AND EXPENSE, SHAL L REPAIR, REPLACE, LOWER , OR THAW HOUSE SERVICE LINES, OR ANY OF THE ABOVE, WITHIN THE P UBLIC RIGHT~OF WAY, WHf:M 1'4!!!01!88ftR'f AND UNDER THE FOLLOWING CONDITIONS: (i) A LEAK EXISTS OR OCCURS IN THAT SECTION OF THE LICENSEE'S SERVICE WITHIN THE PUBLIC RIGHT-OF-WAY, i.e., BETWEEN THE CURB STOP AND THE SUPPLY MAIN • • I • • - • • • • • • • (ii) THE SERVICE LINE WITHIN THE PUBLIC RIGHT-OF-WAY SHALL FREEZE OR FA I L AS A RESULT OF FREEZING. (b) SHOUL D THE WATE R DIVISION DETERMIN E THA T L I CEN SE E OR THE CON SUMER SERVICE LINE IN THE P UBLIC RIGHT-OF-WA Y MUST BE LOWERED BEC AU SE OF EXPOS URE TO DAMAGE FROM FREEZING, OR FOR Alff O'PllER GOOD ..CnijSE,""THE LICENSEE OR CONSU ME R SHALL TAKE NECESSARY PRECAUTI ONS TO EITHER: (i) LOWER THE SERVICE LINE FR OM CURB STOP TO THE PREMISES SERVED, OR (ii) TAKE WHATEVER PRE CAU TI ONS WOULD BE NECESSARY TO AV OID SERVICE LINE FAILURE BETWEEN CURB STOP AND THE LICENSED PREMISES BY MEANS APPROVED BY THE WATER DIVISION. (c) SHOULD THE LICENSEE OR CONSUMER FAIL OR REFUSE TO TAKE SUCH NECESSARY PRECA UT IONS TO AVOID FAILURE OF THE SERVICE LINE FROM CURB STOP TO THE LICENSED PREMISES, THEN NEITHER THE CITY NOR THE WATER DIVISION SHALL BE HEL D LIABLE OR ACCOUNTABLE FOR DAMAGES BECAUSE OR ON ACCO UNT OF SUCH FAIL- URE . (d) IN THE EVENT THAT THE LICENSEE OR CONSUME R DESIRES OR SHALL DESIRE TO LO WER THE SERVICE LINE FROM THE LICENSED PREMISES TO THE CURB STOP, THE WATER DI VISION SHALL ALSO LOWER THE SERVICE LINE FROM CURB STOP TO THE SUPPLY MAIN SHOULD !HAI ACTION BE B:EHJMED Nli:CB35ARY IN ORDER TO AVOID FAILURE OF SAID LINE IN THE PUBLIC RIGHT-OF-WAY . THE WATER DIVISION MAY TAKE SUCH OTHER OR DIFFERENT ACTION TO PROVIDE THAT THE SERVICE LINE IN THE PUB LIC RIG HT -OF -WA Y SHAL L NOT FAIL AS A RESULT OF THE LOWER ING OF THE SERVICE LINE FROM THE LICENSED PREMISES TO THE CURB STOP . -2- • I • • • • ,. • Introduced, read in full, and passed on first reading on the 18th day of June, 1979. Published as a Bill for an Ordinance on the 20 th day of June, 1979. Read by title and passed on final reading on the 2nd day of July, 1979. Published by title as Ordinance No.~~~~-' Series of 1979, on the day of July, 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 officio City Clerk-Treasurer -3- • t I • - ( • • ) ( J( ORDINANCE NO. SERIES OF 197~9'--~- BY AUTHORITY • • • COUNCIL BI LL NO . 26 INTRODUCED BY COUNCILMAN MANN AN ORDINANCE AMENDING SECTION 42, ARTICLE IV (GENERAL PROVISI ONS; RESTRICTIONS) OF CHAP TER 3, TITLE XV, OF THE OFFICIAL CITY CODE , RELATING TO THE REPAIR, REPLACEMENT, LOWERING, AND THAWIN G OF WATER SERVICE LI NES WITHIN THE PUBLIC RIGHT-OF-WAY IN THE CITY OF ENGLEWOOD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGL EWOOD, COLORADO, as follows: Section 1 . Tha t Section 42, Articl e IV, Chapter 3, Title XV, of the '69 E.M.C . is hereby amended to r ead as follows: 15-3-42: NO RESPONSIBILITY FOR DAMAGE (a) Neithe r the Water Divis ion nor the City in any c apaci ty shall be responsibl e or liable for damages to privately owned piping or fixtures served by or connected to the water system, whether located in or upon public or private property, nor for damage to any person whomsoever or property whatsoever resulting from the existence, us e , arrangement of, or acci- dent to such water system; EXCEPT, HOWEVER, UNDER THE FOLLOWING CONDITI ONS : (1) THE CITY, THROUGH ITS WATER DIVISION AND AT ITS OPTION AND EXPENSE, S HALL REPAIR, REPLACE, LOWER, OR THAW HOUSE SERVICE LINES, OR ANY OF THE ABOVE, WITHIN THE P UBLIC RIGHT -OF- WAY, Hl!Eli NECESSARY AND UN DER THE FOLLOWING COND ITIONS: (i) A LEAK EXISTS OR OCCURS IN THAT SECTION OF THE LICENSEE 'S SERVICE WITHI N T HE PUBL I C RIGHT-OF-WAY, i.e., BE TWEEN THE CURB STOP AND THE SUP PLY MAIN . • I • • • • • (ii) THE SERVICE LINE WI'fHIN THE PUBLIC RIGHT-OF-WAY SHALL FREEZE OR FAIL AS A RESULT OF FREEZING. {b) SH OULD T HE WA TER DIV ISION DET ERM I NE THAT LICENSEE OR THE CONSUMER SERVICE LINE IN THE PUBLIC RIGHT-OF-WAY MUST BE LOWERED BECAUSE OF EXPOSURE TO DAMAGE FROM FREEZING, OR FOR ANY OTHER GOOD CAUSE, THE LICENSEE OR CONSUMER SHALL TAK E NECESSARY PRECAUTIONS TO EITHER : (i) LOWER THE SERVICE LINE FR OM CURB STO P TO THE PREM I SES SERVED, OR (i i) TAKE WHATEVER PRE CAUTIONS WOULD BE NECESSARY TO AV OID SERVICE LINE FAILURE BETWEEN CURB STOP AND THE LICENSED PREMISES BY MEANS APPROVED BY THE WATE R DIVISION. {c) SHO ULD THE LICENSEE OR CONSUM ER FAIL OR REFUSE TO TAKE SUCH NECESSARY PRECAUTIONS TO AVOID FAILURE OF THE SERVICE LINE FROM CURB STOP TO THE LICENSED PREMISES, THEN NEITHER THE CITY NOR THE WATER DIVISION SHALL BE HEL D LIABLE OR ACCOUNTABLE FOR DAMAGES BECAUSE OR ON ACCOUNT OF S UC H FAIL- URE. (d ) IN THE EVENT THAT THE LICENSEE OR CONSUMER DESIRES OR SHA LL DESIRE TO LOWER THE SERVICE LINE FR OM THE LICENSED PREMISES TO THE CURB STOP , THE WATER DIVISION SHALL ALSO LOWER THE SERVICE LINE FROM CURB STOP TO THE SU PPLY MAIN SHOULD THAT ACTION BE DEEMED NECESSARY IN ORDER TO AVOID FAILURE OF SAID LINE IN THE PUBLIC RIGHT-OF-WAY . THE WATER DIVISION MAY TAKE SUCH OTHER OR DIFFERENT ACTION TO PROVIDE T HA T THE SERVICE LINE IN THE P UBLIC RIGHT-OF-WAY SHALL NOT FAIL AS A RESULT OF THE LOWERIN G OF THE SERVICE LINE FROM THE LICEN SE D PREMISES TO THE CURB STOP. -2- • I • • - • • • • • • Introduced, read in full, and passed on f i rst reading on the 18th day of June, 1979 . Published as a Bill for an Ord i nance on the 20 th d ay of June, 1979. Read by title and passed on final reading on t he 2 n d day of July, 1979. Published by title as Ordinance No.~~~~-' Series of 1979, on the day of July, 1979 . Ma y or 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 pub li shed by title as Ordinance No . , Series of 1979. e x of f icio City Clerk-Treasurer -3- • I • • - 0 • • ORDINANCE NO. SERIES OF 197'~9~~- • • • BY AUTHORITY COUNCIL BILL NO . 26 INTROD UCED BY CO UN CII.MA N MANN AN ORDINANCE AMENDING SECTION 42, ARTICLE IV (GENERAL PROVISI ONS ; RESTRICTIONS) OF CHAPTER 3, TITLE XV, OF THE OFFICIAL CITY CODE, RELATING TO THE REPAIR, REPLACEMENT, LOWERING, AND THAWING OF WATER SERVICE LINES WITHIN THE PUBLIC RIGHT-OF-WAY IN THE C I TY OF ENGLEWOOD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Section 42, Article IV, Chapter 3, Title XV, of the '69 E .M.C. is hereby amended to read as follows: 15-3-42: NO RESPONSIBILITY FOR DAMAGE (a) Neither the Water Division nor the City in any capacity shall be responsible or liable for damages to privately owned piping or fixtures served by or connected to the water s y s tem , whether located in or upon public or private property, nor f o r damage to any person who msoever or property whatsoever resulting from the existence, use, arrangement of, or acci- dent to such water system; EXCEPT, HOWEVER, UNDER THE FOLLOWING CONDITIONS: (1) THE CITY, THROUGH ITS WATER DIVISION AND AT ITS OPTION AND EXPENSE, SHALL REPAIR, REPLACE, LOWER, OR THAW HOUSE SERVICE LINES, OR ANY OF THE ABOVE, WITHIN THE P UBLIC RIGHT-OF- WAY, (~ NECESSARY) AND UNDER THE FOLLbwING CONDITIONS: {i) A LEAK EXISTS OR OCCURS IN THAT SECTION OF THE LICENSEE'S SERVICE WITHI N THE PUBLIC RIGHT-OF-WAY, i.e., BETWEEN THE CURB STOP AND THE SUPPLY MAIN . I • • (b) • • • (ii) THE SERVICE LINE WITHIN TH E PUBLIC RIGHT-OF-WAY SHALL FREEZE OR FAIL AS A RES ULT OF FREEZING. SHOULD THE WATER DIVISION DETERMINE THAT LICENSEE OR THE CONSUMER SERVICE LINE IN THE PUBLIC RIGHT-OF-WAY MUST BE LOWERED BECAUSE OF EXPOSURE TO DAMAGE FROM FREEZING, ~R FOR A!flkQTRl!R. COOfl CA~S~~ THE LICENSEE OR CONSUMER SHALL TAKE NECESSARY PRECAUTIONS TO EITHER: (i) LOWER THE SE RVI CE L I NE FROM CURB STOP TO THE P REMISES SERVED, OR (ii) TAKE WHATEVER PRE CAUTIONS WOULD BE NECESSARY TO AVOID SERVICE LINE FAILURE BETWEEN CURB STOP AND THE LICENSED PREMISES BY MEANS APPROVED BY THE WATER DIVISION. (c) SHOULD THE LICENSEE OR CONSUMER FAIL OR (d) REFUSE TO TAKE SUCH NECESSARY PRECAUTIONS TO AVOID FAILURE OF THE SERVICE LINE FROM CURB STOP TO THE LICENSED PREMISES, THEN NEITHER THE CITY NOR THE WATER DIVISION SHALL BE HELD LIABLE OR ACCOUNTABLE FOR DAMAGES BECAUSE OR ON ACCOUNT OF SUCH FAIL- URE. IN THE EVENT THAT THE LICENSEE OR CONSUMER DESIRES OR SHALL DESIRE TO LOWER THE SERVICE LINE FROM THE LICENSED PREMISES TO THE CURB STOP, THE WATER DIVISION SHALL ALSO LOWER THE SERVICE LINE FROM CURB STOP TO THE SUPPLY MAIN (WlGHLf) 'fll:A'f AC I ION BE OEEHED NECESSA-iU:.)IN ORDER TO AVOID FAILURE OF SAID LINE IN THE PUBLIC RIGHT-OF-WAY. THE WATER DIVISION MAY TAKE SUCH OTHER OR DIFFERENT ACTI ON TO PROVIDE THAT THE SERVICE LINE IN THE P UBLIC RIGHT-OF-WAY SHALL NOT FAIL AS A RESULT OF THE LOWERING OF THE SERVICE LINE FROM THE LICENSED PREMISES TO THE CURB STOP. -2- • I • - << • • • • Introduced, read in full, and passed on first reading on the 18th day of June, 1979. Published as a Bill for an Ordinance on the 20th day of June, 1979. Read by title and passed on final reading on the 2nd day of July, 1979. Published by title as Ordinance No.~~~~-' Series of 1979, on the day of July, 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 officio City Clerk-Treasurer -3-I • • • ORDINANCE NO. 28 SERIES OF 1979 • • • BY AUTHORITY COUNCIL BILL NO . 26 INTRODUCE D BY COUNCILMAN MANN AN ORDINANCE AMENDING SECTION 42, ARTICLE IV (GENERAL PROVISIONS; RESTRICTIONS) OF CHAPTER 3, TITLE XV, OF THE OFFICIAL CITY CODE, RELATING TO THE REPAIR, REPLACEMENT, LOWERING, AND THAWING OF WATER SERVICE LINES WITHIN THE PUBLIC RIGHT-OF-WAY IN THE CITY OF ENGLEWOOD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, as follows: Section 1. That Section 42, Article IV, Chapter 3, Title XV, of the '69 E.M .C . is hereby amended to read as follows: 15-3-42: NO RESPONSIBILITY FOR DAMAGE (a) Neither the Water Division nor the City in any capacity shall be responsible or liable for damages to privately owned piping or fixtures served by or connected to the water system, whether located in or upon public or private prope rty , nor for damage to any person whomsoever or property whatsoever resulting from the existence , use, arrangement of, or acci- dent to such water system; EXCEPT, HOWEVER, UNDER THE FOLLOWING CONDITIONS: (1) THE CITY, THROUGH ITS WATER DIVISION AND AT ITS OPTION AND EXPENSE, SHALL REPAIR, REPLACE, LOWER, OR THAW HOUSE SERVICE LINES, OR ANY OF THE ABOVE, WITHIN THE PUBLIC RIGHT-OF- WAY, AND UNDER THE FOLLOWING CONDI- TIONS: (i) A LEAK EXISTS OR OCCURS IN THAT SECTION OF THE LICENSEE'S SERVICE WITHI N THE PUBLIC RIGHT-OF-WAY, i.e., BETWEEN THE CURB STOP AND THE SUPPLY MAIN . • I • • • - • • (ii) THE SERVICE LINE WITHIN THE [ PUBLIC RIGHT-OF-WAY SHALL FREEZE OR FAIL AS A RESULT OF FREEZING . (b) SHOULD THE WATER DIVISION DETERMINE THAT LICENSEE OR THE CONSUMER SERVICE LINE IN THE PUBLIC RIGHT-OF-WAY MUST BE LOWERED BECAUSE OF EXPOSURE TO DAMAGE FROM FREEZING, THE LICENSEE OR CONSUMER SHALL TAKE NECESSARY PRECAUTIONS TO EITHER : (i) LOWER THE SERVICE LINE FROM CURB STOP TO THE PRE MISES SERVED , OR (ii) TAKE WHATEVER PRECAUTIONS WOULD BE NECESSARY TO AVOID SERVICE LINE FAILURE BETWEEN CURB STOP AND THE LICENSED PREMISES BY MEANS APPROVED BY THE WATER DIVISION. (c) SHOULD THE LICENSEE OR CONSUMER FAIL OR REFUSE TO TAKE SUCH NECESSARY PRECAUTIONS TO AVOID FAILURE OF THE SERVICE LINE FROM CURB STOP TO THE LICENSED PREMISES , THEN NEITHER THE CITY NOR THE WATER DIVISION SHALL BE HELD LIABLE OR ACCOUNTABLE FOR DAMAGES BECAUSE OR ON ACCOUNT OF SUCH FAIL-URE. (d) IN THE EVENT THAT THE LICENSEE OR CONSUMER DESIRES OR SHALL DESIRE TO LOWER THE SERVICE LINE FROM THE LICENSED PREMISES TO THE CURB STOP , THE WATER DIVISION SHALL ALSO LOWER THE SERVICE LINE FROM CURB STOP TO THE SUPPLY MAIN IN ORDER TO AVOID FAILURE OF SAID LINE IN THE PUBLIC RIGHT-OF-WAY. THE WATER DIVISION MAY TAKE SUCH OTHER OR DIFFERENT ACTION TO PROVIDE THAT THE SERVICE LINE IN THE PUBLIC RIGHT-OF-WAY SHALL NOT FAIL AS A RESULT OF THE LOWERING OF THE SERVICE LINE FROM THE LICENSED PREMISES TO THE CURB STOP . -2 -I • < • • ( ( • • • • Introduced, read in full, and passed on first reading on the 18th day of June, 1979. Published as a Bill for an Ordinance on the 20th day of June, 1979. Read by title and passed on final reading on the 2nd day of July, 1979. 28 Published by title as Ordinance No.~~~~-' Series of 1979, on the 3rd day of July, 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. 28 , Series of 1979. ex officio City Clerk-Treasurer -3- • I • RESOLUTION NO. 25 SERIES OF 1979 • • • A RESOLUTION ACCEPTING THE RESIGNATION OF COUNCILMAN DONAL D M. WEBER AND DECLARING A VACANCY IN COUNCIL DISTRICT 2, CITY OF ENGLEWOOD , COLORADO. WHEREAS, Donald M. Weber was certified to the office of City Counci l as a result of the general municipal election held on November 8, 1977; and WHEREAS, Donald M. Weber qualified and assumed his o f fice as Councilman on January 2, 1978; and WHEREAS, by letter dated June 26, 1979 read to Mayor James L. Taylor, Councilman Weber has resigned his office of City Councilman for District 2 in the City of Englewood, Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the resignation submitted by Councilman Donald M. ( Weber under date of June 26, 1979 is hereby accepted. ( • Section 2. That a vacancy exists in the elective office of Council from Council District 2 of the City of Englewood, Colorado, pursuant to the provisions' of Section 28 of the Englewood Home Rule Charter. Section 3. That the remaining Councilmen shall choose, by majority vote and within thirty (30) days from the date hereof, a duly quali fied person to fill such vacancy to serve until the successor shall be elected at the next ensuing general municipal election to be held November 6, 1979, pursuant to the provisions of said Section 28 of the Englewood Home Rule Charter. ADOPTED AND APPROVED this 2nd day of July, 1979. Attest: Mayor ex officio City Clerk-Treasurer • I • ( ( • • • • I, William D. James, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, d o h e r eby ce r tify that the above and foregoing is a true, accurate and complete cop y of Resolution No. , Series of 1979 . ex officio City Clerk-Treasure r -2- • I • - • RE.S OLUTION NO. rt. s SERIES OF 1979-.~~- • • - A RESOLUTION ACCEPTING THE RESIGNATION OF COUNCILMAN DONAL D M. WEBER AND DECLARING A VACANCY IN COUNCIL DISTRICT 2, CITY OF ENGLEWOOD, COLORADO. WHEREAS, Donald M. Weber was certified to the office of City Council as a result of the general municipal election held on November 8, 1977; and WHEREAS, Donald M. Weber qualified and assumed his office as Councilman on January 2, 1978; and ---u a d WHEREAS, by letter dated June 26, 1979 e&livePee to May or James L. Taylor, Councilman Weber has resigned his office of City Councilman for District 2 in the City of Englewood, Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCI L OF THE CITY OF ENGLEWOOD, COLORADO: Section l. That the resignation submitted by Councilman Donald M. ~ Weber under date of June 26, 1979 is hereby accepted. • • • Section 2. That a vacancy exists in the elective office of Council from Council District 2 of the City of Englewood, Colorado, pursuant to the provisions' of Section 28 of the Englewood Home Rule Charter. Section 3. That the remaining Councilmen shall choose, by majority vote and within thirty (30) days from the date hereof, a duly qualified person to fill such vacancy to serve until the successor shall be elected at the next ensuing general municipal election to be held November 6, 1979, pursuant to the provisions o f said Section 28 of the Englewood Home Rule Charter. ADOPTED AND APPROVED this 2nd day of July, 1979. Attest: Mayor ex officio City Clerk-Treasurer • I • • • • • • 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 officio City Clerk-Treasurer -2-I • RESOLUTION NO . .;{~ SERIES OF 1979 • • • A RESOLUTION ACCEPTING THE RESIGNATION OF COUNCILMAN DONALD M. WEBER AND DECLARING A VACANCY IN COUNCIL DISTRICT 2, CITY OF ENGLE WOOD, COLORADO. WHEREAS, Donald M. Weber was certified to the office of City Council as a result of the general municipal election held on November 8, 1977 ; and WHEREA S, Donald M. Weber qualified and assumed his office as Councilman on January 2, 1978; and .....,,u a o(, WHEREAS, by letter dated June 26 , 1979 tieliveE"ea to Mayo r James L. Taylor, Councilman Weber has resigned his office of City Councilman fur District 2 in the City of Englewood, Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the resignation submitted by Councilman Donald M. ~ Weber under date of June 26, 1979 is hereby accepted. • • Section 2. That a vacancy exists in the elective office of Council from Council District 2 of the City of Englewood, Colorado, pursuant to the provisions' of Section 28 of the Englewood Home Rule Charter. Section 3. That the remaining Councilmen shall choose, by majority vote and within thirty (30) days from the date hereof, a duly qualified person to fill such vacancy to serve until the successor shall be elected at the next ensuing general municipal election to be held November 6, 1979, pursuant to the provisions of said section 28 of the Englewood Home Rule Charter. ADOPTED AND APPROVED this 2nd day of July, 1979. Attest: Mayor ex officio City Clerk-Treasurer • I • • - ' • • • • I, William D. James, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and f oregoing is a true, accurate and complete copy o f Re solution No. , Series of 1979. ex officio City Clerk-Treasurer -2- • I • • • • • • • - P R 0 C L A M A T I 0 N WHEREAS, on July 9 , 1979 , the ENGLEW OOD MUNICIPAL FEDERAL CREDIT UNION will have been in exis t ence for t went y years; and WHE REAS, the ENGLEWOOD MUN I CIPAL FEDERAL CREDIT UNION was cre ate d to promote and encourage savings and t o cre ate a source of credit fo r productive purposes; and WHEREAS, the ENGLEWOOD MUNICIPAL FEDERAL CR EDIT UNION has strived to maintain high principles and standards and has provided numerous serv i ces that have b ene fitt e d many emp loyees; and WHEREAS, many employees , through the yea rs, have willingly given thei r time and ef for t to operate the ENGLEWOOD MUN ICIPAL FEDERAL CREDIT UNION in a prof es sional a nd e f fec tive manner. NOW, 'l'liEHE FOHE , I, JAMES L. TAYLOR , M...i yor of Lh c City of En g l e wood, Colorado, do hereby proclaim the week of July 9 -15, 1979 as ENGLEWOOD MUNICIPAL FEDERAL CREDIT UNION WEEK and ask that all members join in obser vance by giving due recog n ition to this event and afford it their full support. GIVEN under my hand and seal this 2nd da y of July , ~~~Z,7L ( / /May r • 1979. I • • • • ,. - 1 c p R 0 c L A M A T I 0 N WH E REAS, on July 9, 1 19;'9 , the ENGLEWOOD MUNICIPAL FEDERAL CREDIT UNION will have been in existence for twenty years; and WHEREAS, the ENGLEWOOD MUNICIPAL FEDERAL CREDIT UNION was created to promote a nd encourage savings and to c r eate a source of credit for productive purposes; and WHEREAS, the ENGLEWOOD MUNICIPAL FEDERAL CREDIT UNION has strived to maintain high principles and standards and has provided numerous services that have benefitted many employees; and WHEREAS, many employees, through the years, have willingly given their time and ef fort to operate the ENGLEWOOD MUNICIPAL FEDERAL CREDIT UNION in a professional and effective manner. NOW , THEREFORE , I, JAMES L . 'l'J\YLOR, Ma yor of the City of Englewood, Colorado, do hereby proclaim the we ek of July 9 -15, 1979 as ENGLEWOOD MUNICIPAL FEDERAL CREDIT UNION WEEK and ask that all members join in observance by giving due recognition to this event and afford it their full support . GIVEN und er my hand and seal this 2nd day of July , 1979. Mayor • I . • • • - P R 0 C L A M A T I 0 N WHEREAS, on July 9, 1959, the ENGLEWOOD MUNICIPAL FEDERAL CREDIT UNION will have been in existence for twenty years; and WHEREAS, the ENGLEWOOD MUNICIPAL FEDERAL CREDIT UNION was created to promote and encourage savings and to create a source of credit for productive purposes; and WHEREAS, the ENGLEWOOD MUNICIPAL FEDERAL CREDIT UNION has strived to maintain high principles and standards and has provided numerous services that have benefitted many employees; and WHEREAS, many employees, through the years, have willingly given their time and effort to operate the ENGLEWOOD MUNICIPAL FEDERAL CREDIT UNION in a professional and effective manner. NOW, TliEREPORE, I, J AMES L. 'l'l\YLOR, Mayor of the City of Englewood, Colorado, do hereby proclaim the week of July 9 -1 5, 1979 as ENGLEWOOD MUNICIPAL FEDERAL CREDIT UNION WEEK and ask that all members join in observance by giving due recognit ion to this event and afford it their full support. GIVEN under my hand and seal this 2nd day of July, 1979. Mayor • I . • • • • P R 0 C L A M A T I 0 N WHEREAS, on July 9 , 1959, the ENGLEWOOD MUNICIPAL FEDERAL CREDIT UNION will have been in existence for twenty years; and WHEREAS, the ENGLEWOOD MUNICIPAL FEDERAL CREDIT UNION was created to promote and encourag e savings and to create a source of credit for productive purposes; and WHEREAS, the ENGLEWOOD MUNICIPAL FEDERAL CREDIT UNION has strived to maintain high principles and standards and has provided numerous services that have benefitted many employees; and WHEREAS, many employees, through the years, have willingly given their time and effort to operate the ENGLEWOOD MUNICIPAL FEDERAL CREDIT UNION in a professional and effective manner . NOW, THEREFORE , I, JAMES L. Tl\YLOR, M.:iyor of the City of Englewood, Colorado, do hereby proclaim the week of July 9 -15, 1979 as ENGLEWOOD MUNICIPAL FEDERAL CREDIT UNION WEEK and ask that all members join in observance by giving due recognition to this event and afford it their full support . GIVEN under my hand and seal this 2nd day of July, 1979. Mayor • I . - f • • • • IN THE SUPREME COURT OF COLORADO DELUXE THEATRES, INC., a Colorado corporation, NO. 28252 Pla.intiff-Appellant, v. THE CITY OF ENGLEWOOD, COLORADO, a municipal corporation, Defendant-Appellee. ) ) ) ) ) ) JUNE 25, 19 79 ) ) ) ) ) ) Appeal from the District Court of Arapahoe County Hon. Marvin W. Foote,· Judge EN BANC JUDGMENT AFFIRMED C. Henry Toy, Attorney for Plaintiff-Appellant. Bernard v. Berardini,· City Attorney, Rick DeWitt, Assistant City Attorney, Attorneys for Defendant-Appellee. MR. CHIEF JUSTICE HODGES delivered the opinion of the Court • • • I • • - • • • • The appellant , Delu xe Theat es, Inc., bro ught an action in t he trial court to have the City of Englewood's imposi tion of a three percent admissions tax declared void . Englewood, a home rule city, l evied the tax on the price paid for admission to any public place or event. The tax is to be paid by the person paying the admissi on and collected and remitted to the city by the person who offers the en tertainment. The trial court granted a summary judg- men t in favor of the city. We affirm. On appeal, the appellant contends that because the admissions tax i s not a tax on the transfer of tangible or corporeal property, it is substantially different from the statewide sales and use tax, section 29-2-101 et seq., C.R.S. 1973, and therefore violates the uniformity clause of Article X, section 3 of the Colorado Constitution. We find no merit in the appellant's argument. The uniformity clause in Article X, section 3 states in pertinent part: "All taxes shall be uniform upon each of the various classes of real and personal property located within the territorial limits of the authority levying the tax •.•• " We have repeatedly held that this constitutional provision refers so lely to a direct o r ad valorem tax upon property and does not apply to an excise tax imposed on privileges and occupations. Jackson v. City of Glenwood Springs, 122 Colo. 323, 221 P .2d 1083 (1950); California Co. v . State, -2 - • • I • • • • • • 141 Colo. 288, 348 P.2d 382 (1959); Hughes v. State, 97 Colo. 279, 49 P.2d 1009 (1935). The Englewood admission s tax is an excise tax levied directly by the city, withouc assessment, and is imposed without regard to the natu r e or value of assets. As such, it constitutes an excise tax and not an ad valorem tax and is therefore not subject to the constitutional restriction of Article X, section 3. Walker v. Bedford, 93 Colo. 400, 26 P.2d 1051 (1933). The only question remaining is whether or not Englewood, as a home rule city, is authorized by Article XX, section 6 of the Colorado Constitution to levy an admissions tax. Article XX, section 6 grants home rule cities "the full right of self-government in both local and municipal matters and • • • shall not be construed to deny • • . any right or power essential or proper to the full exercise of such right." It can no longer be seriously questioned that a home rule city has the ·authority to levy an excise tax on a privilege within the city limits. This power has been found to be essential to the full exercise of the right to self-government granted to home rule cities by Article XX, the Horne Rule Amendment. State Farm Mutual Automobile Insurance Company v. Temple, 176 Colo. 537, 491 P .2d 1371 (1971); Security Life and Accident Co. v. Temple, 177 Colo. 14, 492 P.2d 63 (1972). The judgment of the trial court is affirmed. -3- • • I • • - I • • • • IN THE SUPREME COURT OF COLORADO DELUXE THEATRES, INC., a Colorado corporation, NO. 28252 Pla.intiff-Appellant, . v. THE CITY OF ENGLEWOOD, COLORADO, a municipal corporation, Defendant-Appellee. · JUNE 25, 197 9 Appeal from the District Court of Arapahoe County Hon. Marvin W. Foote,· Judge EN BANC JUDGMENT AFFIRMED c. Henry Toy, Attorney for Plaintiff-Appellant. Bernar d v. Berardini,· City Attorney, Ri ck DeWitt, Assistant City Attorney, Attorneys for Defendant-Appellee. MR. CH I EF JUSTICE HODGES delivered the opinion of the Court • • • I • • ., - • • • • The appellant , Deluxe The atres, Inc., brought an action in the trial court t o have ·th e City of Englewood•s imposi tion of a three percent admissions tax declared void. Englewood, a home rule city, levi ed the tax on the price paid for admission to any public place or event. The tax is to be paid by the person paying the adm ission and c ollected and remitted to the city by the person who offers the entertainment. The trial court. granted a summary judg- rnent in favor of the city . We ·affirm. On appeal, the appellant contends ·that because the admissions tax is not a tax on the transfer of tangible or corporeal property, it is substantially different from the statewide sales and use tax, section 29-2-101 et seq., C.R.S. 1973, and therefore violates the uniformity clause of Article X, section 3 of the Colorado Constitution. We find no merit in the appellant's argument. The uniformity clause .in Article X, section 3 states in pertinent part: "All taxes shall be uniform upon each of the various classe~ of real and personal property located within the territorial limits of the authority levying the tax •.•• " We have repeatedly held that this constitutional provision refers solely to a direct or ad valorem tax upon property a n d does not apply to an excise tax imposed on privileges and occupations. Jackson v. City of Glenwood Springs, 122 Co l o. 323, 221 P.2d 1083 (1950); California Co. v. State, -2- I • • - c • • • • • 141 Colo. 288, 348 P.2d 382 (1959); Hughes v . State, 9 7 Colo. 279, 49 P.2d 1009 (1935). The Englewood admissions tax is an excise tax levied directly by th e city, wi tho uc assessment, and is imposed without regard to the nature or value of assets. As such, it constitutes an excis e tax and not an ad valorem tax and is therefore not subject to the constitutional restriction of Article X, section 3. Walker v. Bedford, 93 Colo. 400, 26 P.2d 1051 (1933). The only question remaining is whether or not Englewood, as a home rule city, is authorized by Article XX, section 6 of the Colorado Constitution to levy an admissions tax. Article XX, section 6 grants home rule cities "the full right of self-government in both local and municipal matters and • • • shall not be construed to deny . . . any right or power essential or proper to the full exercise of such right." It can no longer be seriously questioned that a home rule city has the ·authority to levy an excise tax on a privilege within the city limits. This power has been found to be essential to the full exercise of the right to self-government granted to home rule cities by Article XX, the Home Rule Amendment. State Farm Mutual Automobile Insurance Company v. Temple, 176 Colo. 537, 491 P. 2d 1371 (1971) ;· Security Life and Accident Co.· v. Temple, 177 Colo. 14, 492 P.2d 63 (1972). The judgment of the trial court is affirmed. -3- • • I • • • • • • IN THE SUPREME COURT OF COLORADO DELUXE THEATRES, INC., a Colorado corporation, NO. 28252 Pla.intiff-Appellant, . v. THE CITY OF ENGLEWOOD, COLORADO, a municipal corporation, Defendant-Appellee. · ) ) ) ) ) ) JUNE 25, 1979 ) ) ) ) ) ) Appeal from the District Court of Arapahoe County Hon. Marvin W. Foote, Judge EN BANC JUDGMENT AFFIRMED c. Henry Toy, Attorney for Plaintiff-Appellant. Bernard V. Berardini,· City Attorney, Rick DeWitt, Assistant City Attorney, Attorneys for Defendant-Appellee. MR. CHIEF JUSTICE HODGES delivered the opinion of the Court • • • I • • • • • • The appellant, Deluxe Theatres, Inc., brought a n action in the trial court to have ·the City of Englewood's imposi tion of a three percent admissions tax declared void. Englewood, a home rul e city, levied the t ax on the pri ce paid for admission to any publ ic place or event. The tax is to be paid by the person paying the admission and collected and remitted to the c i ty by the person who offers the entertainment. The trial court granted a summary judg- ment in favor of the city . We affirm. On appeal, the appellant contends that because the admissions tax is not a tax on the transfer of tangible or corporeal property, it is substantially different from the statewide sales and use tax , sec.tion 29-2-101 ·et seq., C.R.S. 1973, and therefore violates the uniformity clause of Article X, section 3 of the Colorado Constitution. We find no merit in the appellant's argument. The uniformity clause in Article X, section 3 states in pertinent part: "All taxes shall be uniform upon each of the various classe~ of real and personal property located within the territorial limits of the authority levying the tax •••• " We have repeatedly held that this constitutional provision r e fer s solely to a direct o r ad valorem tax upon property a n d does not apply to an excise tax imposed on privileges and occupation s. Jackson v. City of Glenwood Springs, 122 Colo. 323, 221 P.2d 1083 (1950): California Co. v. State, -2- • I • - (. • (' • • • • 141 Col o . 288, 348 P.2d 382 (1 95 9); Hughes v . State , 9 7 Co lo. 279, 49 P.2d 1009 (1935). The Englewood admiss i o ns tax is an excise tax levied directly b y the city, w ithou ~ assessment, and is imposed without regard to the na ture o r value of assets. As such, it constitutes an excise t a x a nd not an ad valorem tax and is therefore not subject to the constitutional restriction of Article X, section 3. Walker v. Bedford, 93 Colo. 400, 26 P.2d 1051 (1933). The only question remaining is whether or not Englewood, as a home rule city, is authorized by Article XX, section 6 of the Colorado Constitution to levy an admissions tax. Article XX, section 6 grants home rule cities "the full right of self-government in both local and municipal matters and • • • shall not be construed to deny • . . any right or power essential or proper to the full exercise of such right." It can no longer be seriously questioned that a home rule city has the ·authority to levy an excise tax on a privilege within the city limits. This power has been found to be essential to the full exercise of the right to self-government granted to home rule cities by Article XX, the Home Rule Amendment. State Farm Mutual Automobile Insurance Company v. Temple, 176 Colo. 537, 491 P.2d 1371 (1971); Security Life and Accident Ca.· v.· Temple, 177 Colo. 14, 492 P.2d 63 (1972). The 'judgment of the trial court is affirmed. -3- • • I • • - • • • • IN THE SUPREME COURT OF COLORADO DELUXE THEATRES, INC., a Colorado corporation, NO. 28252 Pla.intiff-Appellant, . v. THE CITY OF ENGLEWOOD, COLORADO, a municipal corporation, Defendant-Appellee. ) ) ) ) ) ) JUNE 25, 197 9 ) ) ) ) ) ) Appeal from the District Court of Arapahoe County Hon. Marvin w. Foote, Judge EN BANC JUDGMENT AFFIRMED C. Henry Toy, Attorney for Plaintiff-Appellant. Bernard V. Berardini, City Attorney, Ri ck DeWitt, Assistant City Attorney, Attorneys for Defendant-Appellee. MR. CHIEF JUSTICE HODGES delivered the opinion of the Court • • I • • • • • The appellant, Deluxe Theatres, Inc., brought an action in the trial court to have the City of Englewood's imposi tion of a three percent admissions tax declared void. Englewood, a home rule city, levied the tax on the price paid for admission to any public place or event. The tax is to be paid by the person paying the admission and collected and remitted to the city by the person who offers the entertainment. The trial court . granted a summary judg- ment in favor of the city. We ·affirm. On appeal, the appellant contends that because the admissions tax is not a tax on the transfer of tangible or corporeal property, it is substantially different from the statewide sales and use tax, section 29-2-101 et seq., C.R.S. 1973, and therefore violates the uniformity clause of Article X, section 3 of the Colorado Constitution . We find no merit in the appellant's argument. The uniformity clause in Article X, section 3 states in pertinent part: "All taxes shall be uniform upon each of the various classes of real and personal property located within the territorial limits of the authority levying the tax .••• " We have repeatedly held that this constitutional provision refers solely to a direct or ad valorem tax upon property and does not apply to an excise tax imposed on privileges and occupations . Jackson v. City of Glenwood Springs, 122 Colo. 323, 221 P.2d 1083 (1950); California Co. v. State, -2- • .. I • • - ( \, (' • • • • 141 Colo. 288, 34 8 P.2d 382 (1959); Hughes v. State, 97 Colo. 279, 49 P.2d 1009 (1935). The Englewood admissions tax is an excise tax levied directly by the city, withou~ assessment, and is imposed without regard to the nature or value of assets. As such, it constitutes an excise tax and not an ad valorem tax and is therefore not subject to the constitutional restriction of Article X, section 3. Walker v. Bedford, 93 Colo. 400, 26 P.2d 1051 (1933). The only question remaining is whether or not Englewood, as a home rule city, is authorized by Article XX, section 6 of the Colorado Constitution to levy an admissions tax. Article XX, section 6 grants home rule cities "the full right of self-government in both local and municipal matters and • . • shall not be construed to deny . . . any right or power essential or proper to the full exercise of such right." It can no longer be seriously questioned that a home rule city has the ·authority to levy an excise tax on a privilege within the city limits. This power has been found to be essential to the ful l exercise o f the right to self-government granted to home rule cities by Article XX, the Home Rule Amendment. State Farm Mutual Automobile Insurance Company v. Temple, 176 Colo. 537, 491 P.2d 1371 (1971); Security Lif~ and Accident Co.· v.· Temple, 177 Colo. 14, 492 P.2d 63 (1972). The judgment of the trial court is affirmed. -3- • I • • • • • • RESOLUTION NO . 26 SERIES OF 1979 A RESOLUTION AUTHORI ZING THE PURCHA SE OR CONDEMNATION OF A FEE SIMPL E INTEREST IN CERTAIN LANDS WITHIN TIIB CITY OF ENGLE WOOD , COLORADO , TO PROVIDE ADDITIONAL PARKING FOR EL SI E MA LLEY CEN TENNI AL CENTER. WHERE AS, to protect the h ea lth , safety , and we lfare of the citizens of the City of Englewood, it is necessary to construct additional parking for the Elsie Mall ey Centennial Center; and WHEREAS, c.here is a public n eed to acquire add itional real property to construct said parking lot; and WHEREA S, negotiat ions for the purchase of the properties herein neces sary may be unsuc cessful . NO W, THE REFO RE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLE WO OD , COLORADO, as fo llows: Secti on 1. ----- That the City Manager or his designee is authorized and directe d to negotiate for the purchase of the followin g described parcels, and should the City Manager or his said de signee be unable to agr ee with the owners of the parcels as to the fair market value, then the City Attorney is authorized to couu:nence action in eminent domain to condemn the following parcels of real property as authoriz e d b y law: Section 2. (a) West 1/2 of Lots 13 through 17, both inclusive, Block 3, PREMIER ADDITI ON, County of Arapahoe, State of Colorado; (b) East 1/2 of Lots 13 through 17, both inclusive, Blo ck 3, PREMIER ADDITION , County of Arapahoe , State o f Colorado. That the Director of ~inance , ex officio City Clerk- Treasur e r, is h ereny aut horized and directed to appropriate , set .i!:icle .11H l hold for .il 1 n r.ccssary judqmcn l s <1nd awurds su(ficie11t su1ns Lo be paid as j u st comp ensation to the owners of the prope rtie s to b , Laken; that u c h appropriation not b e less than the h ig h est app.rili sd L v ill u c for tlw purcels .in question . • I • • - (" • • • • • • ADOPTED AND APPROVED this 2nd day of July, 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 fvregoing is a true, accurate and complete copy of Resolution No. 26, Series of 1979. Deputy City Clerk -2- • I • - • • • • RESOLUTION NO . 26 SERIES OF 1979 A RESOLU TION AUTHORIZING THE PURCHASE OR CONDE MNATION -OF A FEE S IMPLE INTEREST IN CERTAIN LANDS WITHIN 'rll E CITY OF ENGLE WOOD , CO LORAD O , TO PROVIDE ADDITIONAL PARKING FOR ELSIE MALLEY CENTENNI AL CENTER. WHEREAS, to protect the health , safe ty, and we lfare of the citiz ens of the City of Englewood, it is necessary to construct additional park ing for the Blsie Mall ey Cente nnial Center; and WHEREAS , there is a p ublic need to acqui re additio n al real property to construct said parking lot; and WH EREAS, negotiations for t h e purchase of the properties h erein necessa r y may be unsuccess f ul. NOW , T HEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLE WOOD, COLORADO, as follows: SecUon l. That the City Manager or his designee is authorized and directe d to negotiate for the purchase of the following described parcels, and should the City Mana ge r or his s aid designee be un.:i.blc to agre e with the owners of the parcels as to the fair market value, then th e City Attorney is authorized to comme nce action in eminent domain to condemn the fo llowing parcels of real property as a u thorized by law : ...;cc L.i.on l.. (a) West 1/2 of Lots 13 throu gh 17 , both inclusive , Block 3 , PREMIER ADDITION , County of Arapahoe, S tate of Colorado; (b) East 1/2 of Lots 13 throu g h 17, both inclusiv e , Block 3 , PREMIER AODITibN , County of Arapa h oe , State o f: Colorado . '1'11..i L Lh c Director of l".i.11'1n cc , e x o[1 1c.i.o City Clerk- Treasur e r , is h ereby authorized and directed to appropriate , set .1 ::id<~ ;in d 1101.cl [or .,·11 nc·cc~;:;.ir y judqme nL :.; o1nd ;1w..Jru!: ~;ur C.i.cje 11L !oi u111:; Lo IJe pci.i.u ..J!oi JU:.iL compen scit .i.ou to Lil e owner:..; o f t h e prol;)ert.i.cs Loil<' 1.1k<'n; t l1 :1t ~u c h .1 ppropri,11:jon not b e l. ss t h .i n t h e h :i.<Jh cs t •'I 'll '-" i :;.,I v .1 I w .: l.u 1· I 1,,. p.irci; L:; i.11 quu:;L..i.0 11 • • • I • • - • • • • • • ADOPTED AND APPROVED this 2nd day of July , 1979 . Mayor ATTEST: D~puty 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. 26, Series of 1979. Deputy City Clerk -2- • I . - • • • • RESOLUTION NO. r;;<~ ERIES OF 1979 A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FEE SIMP+,E INTEREST IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD, COLORADO, TO PROVIDE ADDITIONAL PARKING FOR ELSIE MALLEY CENTENNIAL CENTER. WHEREAS, to protect the health, safety, and welfare of the citizens of the City of Englewood, it is necessa ry to construct additional parking for the Els i e Mall ey Centennial Center; and WHEREA~, there is a public need t o acquire additional real property to cons truct said parking lot; and WHEREAS, n egotiations 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. I, } I) ' ' That the City ~-f'f 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 ow ners of the parcels as to the fai r market value, then the City Attorney is author iz ed to commence action in eminent domain to condemn the following parcels of real property as authorized by law: Section 2. (a) West 1 /2 of Lots 13 throug h 17, both inclusive, Bl ock 3, PREMIER ADDITION, County of Arapahoe, State of Colorado; (b ) Ea st 1 /2 o f Lots 1 3 through 17, both inclusive, Block 3 , PREMIER ADDITION, County of Arapahoe, State of Colorado. That the Director of Financ e, ex fficio City Clerk- Treasurer, is hereby authorized and direce~to appropriate, set aside and hold for all necessary judgments nd awards sufficient sums to be paid as just compens ation to the wners of the properties to be taken; that such appropriation not be 1 ss than the highest appraisal value for the parcels in ques tion . • I • - • • • • • • ADOPTED AND APPROVED th i s 2 nd day of July 19 79. Ma yor I Attest: ex offic io City Cle rk-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. I I ex officio City Clerk-Treasure r I -2- • I • • • • • • • C IT , oF T,IT ff ,ET0 1· RE SOC .. !'<' .... " Kl . S e rie s o f 1 9E A RESOLUTIO a OF TttE. ~ " 'l'. OF L.l. TT E TON , COLORJ\DC, SUPPORT:::NG :'HE CnANNET l ATIO'I GF THE SOUTH PLA'l:'I'E kIVF.R AN iJ Ti 'E A 3SAGE u F SENATE BILL 325 WHICH .~F~OPRJ:J\'iCS STATE F'UNDING FOR NECESSARY CHAr..'NE L LA ND ACQUI.'·i:- TION AND RELC'S AT I Ot' 0 U'l.'lL i:1 •~T>S . WHEREAS, the Unit ~d S c ~tes C0ngress pa ssed the Flood control Act of 1950 whicl , a'.r':.horized the con:..1:=uct .. :.c1· of Chat- field Dam and levee and cha ;1nel 'mp r:-ve: cnt..s ·::o tr.; s ,1-..1t h Platte River. WHEREAS, without c.~·anne l improvements t.o the South Platte River the Platte Valley as presently deve.:i.. .)v d. 11as a .1 average annual flood damage f Otential of ~0~e than $300,000.00. WHEREAS, without channel :.mprove ments c o t..he South Platte River there exists a r e al potent i aJ. ':hat Cole.rad:::> citizens lives could be j osc as a rPsult o ~ & 'l0 ~d. WHERI::AS, the c ;1annclizat i0i : o :l t h :! South P .:.at~e River could cause a tecr,ld increase in assessed va ~u b tion resulting from develop;~e n t of c.~rrently underuti J ized flood- plain land by the removal o i 150 acres irom the flcJdpla in . WHEREAS, the chanLelization of t~c South ?:i..atte River could potentially increase State re\'' 1t..es by tllmost $4 million from sales and inc u me tax ~enerated by new development and would r d ue ~ depe nd e n c y rn t~te. ajd to education. WHEREAS, chanr e l'...za':'i.c 'vii.,. 3.. l m ·r hr ae ·,0 l::-pme1t of a regional greenbel\. a nd tra •" syst ;:>:. t b <-·. ·1: 11 . ·. · •J.:rage bicycle commut i ng from the sou+-'1 Su b1 .'ri:>a1 . are .:s i n t o ;;cwni·own Denver. WHEREAS, r e d <:: reJ.opme• c 'J :l t ,.,<" :=i ve.· · .Cr c-"l t. i n the existing urbanized are · is a sc ~n6 ~·b nc _ng p •·inc ipJe t hat will help to alleviace u:.c !:a •... ·~r::.v :l <n :i s .J.p[".:': .. s €. • ..:i <>tin g regional ?ctivity cen-. .:rs . WHEREAS, the St:at ~ · :i: c-:. v.;rc.no c0• .. -,_ · ·:.ted 1..r' p.C ·"vide the local funding fer · tt:·-s c r ::-.nn<:i...za cion projee;t: a no. did appropriate $l million in 1 9 1:. • I • - • • • • • .. • -2- WHEREAS, unencumb ered funds ($1 mill i on ) rev e rted back to the Colorado State Ge n e r al Fund afte r their appropri - ation expired. WHEREAS, $6.5 million of the Corp of Engi neers funds budgeted for this proj e ct wi ll like l y be realloca ted to other uses if the State matching funds are no~ appropr i ate d this year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LITTLETON, COLORADO, THAT~ 1. The City of Littleton strongly supports the construction of the South Platte River Channel. 2. That the City of Littleton urges the State Legislature and Governor to approve the water projects of the Colorado Water Conservation Board Bill intro- duced as Senate Bill 325 . 3. Senate Bill 325 is very importa nt to the citizens of Colorado by making State funding available for Colorado water projects and should be considered on its own merits. INTRODUCED, READ AND ADOPTED at a regularly scheduled meeting of the City Council of the City of Littleton, Colorado, on June 26, 1979 at 7:30 p.m . in the Littleton Center, 2255 West Berry Avenue, Littleton, Colorado . President of Council ATTEST: City Clerk City Attorney ""<' • I • • City of Littleton City M .111avcr 2255 W esl Berry l\venuP L 1ll lclrn1. Co lwudo 80 r, June 26, 1979 Mr. Andy Mccown City Manager City of Englewood 3400 South Elati Englewood, Colorado 80110 Dear Andy: • • '. • RECE IV ED JU N 2 8 1979 CITY MANAGER 'S fNGLfW ooo OFFI CE Attached is a copy of the resolution we will be proposing for Council adoption this evening and it pertains to the channeliza- tion bill . As you know, the channelization bill (325) was incorporated into Bill 1610 which was vetoed by the Governor. The resolution encourages our legislative delegation to separate the chunneliza- tion bill from other legislation. We met with some legislators this morning to discuss this request, and we believe it is important that we have support from other affected and surrounding jurisdic- tions such as Englewood. I'm sorry for the short notice on this; however, we would appreciate Englewood's endorsement. Please call me if you have any questions. ~~ Al Salazar ~ Assistant City Mana ger Attachment • I • • - • • • • RESOLUTION NO. 27 SERIES OF 1979 • • • A R.::SOLU'rION OF THE CITY OF ENGLEWOOD, COLORADO, SUPPORTING TllE CHANNELIZATION OF THE SOUTH PLA'l"rE RIVER AND 'l'HE PASSJ\GE OF SENATE BILL 325 WHICH APPROPRIATES STATE FUNDING POR NECESSJ\HY CHANNEL LAND ACQUISITION AND RELOCATION OF UTILITIES. WHEREA S , the United States Congress passed the Flood Contro l Act of 1950 which authorized the construction of Chatfield Dam and levee and channel improvements to the South Platte River; and WHEREAS , without channel improvements to the South Platte Riv -~ the Platte Valley , as presently clcveloped, ha s an av e ra~e annual flood d ~ma ge potential of more than $30Q,OOO; and WHEREAS , without channel improvements to the South Platte Rive~ there exists a real potential that Colorado citizens ' lives could be lost as a result of a flood; and WHEREAS, the chann e lization of the South Platte River co ul d cause a tenfold increas e in assessed valuation resulting from deve lopment of currently undrru t iliz0 rl floorlpl .-1 in 1 .-rnrl lly Lil<' 1 c•111 0Vul or l ~ll ..icres [rom Ll1 u rJoocltJl..Jj11; dllU WIIEHEAS, the channelization of the South Pl.1tt0 Rivrr co ul d [->Otentially i n c r ease State r _v nue s by almost $4 miJ lion from sa l es c.1ncl income t..ix gencratc d by new d e v elopme nt ..ind woul cl reduce dependency on State a id to ed ucat ion; a nd WllEHEAS, chan nelizat ion will allow the d e velopment of a regio na l greenbelt a n d trail syste m that will encourage bicycle commu ing f rom the South Suburban a reas into downtown Denver ; and Wll i':llEA S, r •dc v e loprnc nt <1l o n g Ll1<..: rivcrfro11L in tile c'xi:;Lin•J urL<111 Lz <..:d ar·~..i is ..i so und planniny µr.incipl c.: L11 ..iL will hcJ p tu ;1ll c>vi.-1 t c urb<1n s p rawl ..ind support ex isUnq CC'lJional nctivi_ty c c-nL (·r s ; and Wll E llliAS , the St;ite of Colorado cosnm.itt d to provide th . loca l funding for this chan n e liz ation project and did appropriate $ l '" , i 1 i ",, i " 1 '> ·u ; "11( 1 WHER E AS, unPncumbered funds ($1 milli on ) rr v 0 rtcd back to Llw l"o lurado St:<tle c 11crnl ~·1111<1 afLcr the Jr ,1ppropri..1Lion <~xpirc<l; a n d • I • • • • • • • WHEREAS , $6.5 million of the Corp of Engineers' funds budgeted for this project will likely be reallocated to other uses if the State matching funds are not appropriated this year . NOW , THEREFORE , BE IT RESOLVED BY T ll E CI'I'Y COUNCIL OF •rHE CI'l'Y OF ENGLEWOOD , COLORADO: 1 . T h at the City of Englewood str o n g l y supports the con structio n o f the S o ut h Platte River Ch an n el . 2 . That the City of Englewood urg es the State Legis dturu and Governor to approve the water projects of the Colorado Wat r Conservation Boar d Bill i ntrod u ced as S e n ate Bill 325. 3 . T h at Senate Bil l 325 i s v ery import an t to the c itizens o f Colorado by making Sta t e f unding ava i lable fo r Color ado wa t e r p ro jects and shou l d b e con sidere d on its own me rits. ADOPTED AND APPROVED This 2 n d d ay of J u ly , 1979 . M;:iyor AT TE ST : De p uty City Clerk I, Janice L . Watkins, Deputy City Clerk of the City of En g lewood, Colorado, do hereby certify that the above a~d foreg oing is a true, accurate and complete copy of Resolution No. 2 7, Se r i e s of 1979 . Deputy City Clerk -2- • I • • - < • RESOLUTION NO. SERIES OF 1979~~~ • • • A RESOLUTION OF THE CITY OF ENGLEWOOD, COLORADO, SUPPORTING THE CHANNELIZATION OF THE SOUTH PLATTE RIVER AND THE PASSAGE OF SENATE BILL 325 WHICH APPROPRIATES STATE FUNDING FOR NECESSARY CHANNEL LAND ACQUISITION AND RELOCATION OF UTILITIES. WHEREAS, the United States Congress passed the Flood Control Act of 19 50 which authorized the c onstruction of Chatfie l d Dam and levee and cha nnel improvements to the South Platte Ri v e r; and WHEREAS, without channel improvements to the South Platte River, the Platte Valley, as presently developed , has an average annual flood damage potential of more than $300,000; and WHEREAS, without channel improvements to the South Platte River, there exists a real potential that Colorado citizens' lives could be lost as a result of a flood; and WHEREAS, the channelization of the South Platte River could cause a tenfold increa s e in assessed valuation resulting from development of currently underutilized floodplain land by the removal of 150 acres from the floodplain; and WHEREAS, the channelization of the South Platte River could potentially increa s e State revenues by almost $4 million from sales and income tax generated by new development and would reduce d epe nd ency on State aid o ducation ; and WHEREAS, channelization will allow the development of a regional greenbelt and trail system that will encourage bicycle commuting from the South Suburban areas into downtown Denver; and WHEREAS, redevelopment along the riverfront in the e xisting urbanized area is a sound planning principle that will help to alleviate urban sprawl and support existing regional activity centers; and WHEREAS, the State of Colorado committed to provide the local funding for this channelization project and did appropriate $1 million in 1972 ; and WHEREAS, unencumbered funds ($1 million) reverted back to the Colorado S tate General Fund after their appropriation expired; and • I • • • • • WHEREAS, $6.5 million of the Corp of Engineers' funds budgeted for t hi s project will likely be reallocated t o other uses if the State matching funds are not appropriated this year. NOW, THE REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO : 1 . That the City of Englewood strongly supports the const ructio n of the South Platte River Channel. 2. That the City of Engle wood urges the State Legislature and Gove r nor to approve the water projects of the Colorado Water Conservation Board Bill introduced as Senate Bill 325. 3 . That Sena t e Bill 325 is very important to the citizens of Colorado by ma king State funding avail able for Colorado water projects and should be considered o n its own merits . ADOPTED AND APPROVED This 2nd day of July, 1979 . Mayor Atte st: ex officio City Clerk -Treasurer I, William D . James , ex officio City Clerk-Treasurer of the City of Engl ewood , Colorado, do hereby ce rtify that the abov e and foregoing is a true, a ccurate and complete copy of Resolution No . , Series of 1979. ex officio City Clerk-Treasurer -2- • • I . - • • RESOLUTION NO . 27 SER IES OF 1979 • • • A RESOLU'rION OF THE CITY OF ENGLEWOOD, COLORJ\DO, SUPPORTING THE CHAN NELIZ A'rION OF 'rHE SOUTH PI.A'l"PE IUVER /\ND 'l'IIE PASSAGE OF SENATE BILL 325 WHICH l\PPROPRIATES STATE FUNDING FOR NECESSARY CHAN EL LAND ACQUISITION AND RELOCATION OF UTILITIES . WHEREAS, the United States Congress passed the Flood Control Act of 1 950 which authorized the construction of Chatfield Dam and levee and channel improve ments to the South Platte River ; and WHEREAS, without channel improvements to the South Platt~ RivP.r , the Pl atte Val l ey , as pr ese ntly developed, has un average annua l flood damage poten tia l of more than $300,000; and WHEREAS, without channel improvements to the South Platte River, there exists a real potential that Colorado citizens' lives could be lost as a result of a flood; and WHEREAS, the channelization of the So uth Pl atte River coul d ca u se a tenfold increase in assessed v a luation resulting from development of currently undC'rutil izC'd floodr>l ;1 in 1 nna hy Lil· r •mov..il of Eill ;;cres fro m Llh.! (luodi,>l..iin; ,111d WHEHE/\S , the channelization of the South Pl.:ittc River could po t e ntially i ncrease State revenues by almost $4 million from sales and income tax generated by n e w d e v elopment and wou ld reduce d e pendency on State aid to ed ucat io n; and WHEREAS, channelization will allow the developme nt of a regi ona l greenbelt and t rail system that will encou rage bicycle conunuting from the South Suburban areas into downtown De nver; and WHEREAS, redevelopment along the riverfront in the existing urbanized area is a sound planning principle that will help to alle viate urban sprawl and support existing regional activity cente rs ; and WHEREAS, the State of Colorado committed to provide the loca l funding for this channelization project and did appropriate $1 mjllion in 1972; and WHEREAS, unencumbered funds ($1 million) reverted back to the Colorado State General F und after their appropriation expired; and • I • - • • • • • • WHEREAS, $6.5 million of the Corp of Engineers' funds budgeted fo r this project will likely be reallocated to other uses if the State matching funds are not appropriated this year . NOW, 'rHEREFOHE, BE IT RESOLVED BY THE CITY COUNCIL OF 'rHE CITY OF ENGLEWOOD , COLORADO: 1. That the City of Englewood strongly supports the construction of t he South Platte River Channel. 2 . That the City of Engle wood urg es the State Legislature and Governor to approve the wate r projects of the Colorado Wat er Conservation Board Bill introduced as Senate Bill 325. 3 . 'l'h aL Senate J3ill 325 is very impo rta nt to the citizens of Colorado by ma king State funding available for Colorado water projects and should be considered on its own merits. ADOPTED AND APPROVED This 2nd day of July, 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 ai:id foregoing is a true, accurate and complete copy of Resolution No. 27, Series of 1979. Deputy City Clerk -2- • I • • • RESOLUTION NO. c:(J SERIES OF 1979 • • • A RESOLUTION OF THE CITY OF ENGLEWOOD, COLORADO S UPPORTING THE CHANNELIZATION OF THE SOUTH PLATTE RIVER AND T E PASSA GE OF SENATE BILL 325 WHICH APPROPRIATES STATE FUND G FOR NECES SARY CHANNEL LAND ACQUISITION AND RELOCATION OF U LITIES . WHEREAS, the United State s Congress assed the Flood Control Act of 19 50 which authorized the 7 onstruction of Chatfield Dam and levee and c hann el improvements t 9 the South Platte River ; and I WHEREAS, without channe l improvements to the South Pla tte River, the Platte Valley, as presently developed , has an average annual flood damage potential of more than $300,000; and WHEREAS, without channel improve ments to the South Platte River, there exists a real potential that Colorado citizens ' lives could be lost as a resul~ of a flood; and WHEREAS, the channeli~tion of the South Platte Rive r could cause a tenfold increise in ass e ss e d valuation r esulting from development of currently underutilized floodplain land by the removal of 150 acres from the floodplain; and WHEREAS, the cha n eliza tion of the South Platte River could potentially incriase State revenues by almost $4 million from sales and in c ome tax g e nerated by new development and would reduce d ependency on State aid to ed ucation; and WHE REA S, channelization will allow the development of a regiona l greenbelt and trail system that will encourage bicycle commuting from the South S uburban areas into downtown Denve r; and WHEREAS, redevelopment along the riverfront in the existing urbaniz ed area is a sound plann ing principle that will help to alleviate urban sprawl and support exi st ing regional activity centers; and W~REAS, the State of Colorado committed to provide the local fu ding for this channelization project and did appropr iate $1 mill i on in 1972; and WHEREAS, unencumbered fu nds ($1 million) r e verted back to the Colorado State General Fund after their appropriation expired; and • I • • • ( • • • • WHEREAS, $6.5 million of the Corp of Engineers' funds budgeted for this project will likely be reallocated to other ses if the State matching funds are not appropriated this yea r. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ITY OF ENGLEWOOD, COLORADO: 1 . That the City of Englewood strongly supports the constru tion of the South Platte River Channel. 2. That the City of Englewood urges the State Legislature and Govern to approve the water projects of the Colorado Water Conservation Board Bill introduced as Senate Bill 325 . 3. Tha very important to the citizens of Colorado by m king State funding available for Colorado water projects and shou be considered on its own merits . ADOPTED AND AP OVED This 2nd day of July, 1979 . Mayor Atte st: ex officio City Clerk -Trea surer I, William D. James , ex officio City !erk-Treasurer of the City of Englewood, Colorado, do hereby ce tify that the above and foregoing is a true, accurate and complete copy of Resolution No.~~~~' Series of 1979. ex officio City Cle~T r easurer -2- • I • - ( • • • • BY AUTHORITY ORDINANCE NO. COUNCIL BILL NO. 15 INTRODUCED BY SERIES OF 197~9~~~ A BILL FOR AN ORDINANCE AMENDING SECTION 4, CHAPTER 11, OF TITLE XI, OF THE '69 ENGLEWOOD MUNICIPAL CODE, IMPOSING A MINIMUM FEE FOR THE ADOPTION OF ANIMALS FROM THE CITY ANIMAL SHELTER AND REQUIRING THE MANDATORY NEUTERING AND CURRENT RABIES VACCINATION ON ALL SUCH ANIMALS ADOPTED FROM SAID SHELTER. WHEREAS, the City Council of the City of Englewood has once again reviewed the findings of the Animal Control Committee; and WHEREAS, there is a significant public need to control and reduce the number of unwanted a n d 1J1cared for animals. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Section 4, Chapter 11, of Title XI of the '69 E.M.C. is hereby amended by adding a new subsection (f) thereto as follows: 11-11-4 DOGS AT LARGE; IMPOUNDMENT; NOTICE; ADOPTION (f) DOGS IMPOUNDED AND NOT RECLAIMED BY THE OWNER, PURSUANT TO SUBSECTION (a) HEREOF, MAY BE RELEASED FOR ADOPTION AFTER PAYMENT OF A FORTY DOLLAR ($40) ADOPTION FEE BY THE PARTY ADOPTING SAID ANIMAL. DOGS SHALL NOT BE RELEASED FOR ADOPTION UNTIL SAID DOG HAS BEEN NEUTERED BY A LICENSED VETERINARIAN AND HAS RECEIVED A CURRENT RABIES VACCINATION. Introduced, read in full and passed on first reading on the day of , 1979. • I • • ....... • • • • Published as a Bil l for an Ordinance on the~~~-day of ~~~~~~~~~-' 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 a Bill for an Ordinance, introduced, read in full and passed on first reading on the day of , 1 979 . ex officio City Clerk-Treasurer -2- • 0 I • -• • • EXCERPT FROM CITY COUNCIL MINUTES OF DE CEMBE R 18, 1978 . ---~ -=-- 1 CIIJ1AN CLAY'ID N JIDVED THAT 'TH E OJl.JiJC L EXT F J N...L ,.;,\ 1 . :•1•1 :. ANIMAL SHEL'IER UNTIL JP.; U/\RY 16 , 9"f9 . Upon the call of the ro Ay es: Nays: Absent: OJUNCIIJ1AN SMI'IH MJVE EXPIRATION DA'IE. Council.rran Webe the roll , the vote resulted as foll Clayi,o n , Smith , Harper , Ayes: lveber . Ta1 lor . Nays: Absent: COUNCILMl\N man Weber seconded as follows: !V I f'l)VED 'ID ffiCON.'.llffiR l !E DILL 'rrotion . Upon the c 1 of the roll , M::nrbcrz Smi lh , I lnrper , C o.y l-un , Merrber William;. INI'IDDUCED AS A BILL BY OJ UNCIIJ1AN fl I:lllL !•OJ\ C<JI U l!'i 1- !\:.j lt.e<l AN ORDINANCE AMENDING SB:TION 4, CHAPl'ER 11 , 01" TI TLE X[, 01 " 'lilt:; •G9 l·:f-J(;U·:wwu MUNICIPAL OJIE, IMPOSING A MINIMUM FEE FOR 'IHE AroPTION 01" ANIMALS FOR 11 IE CITY ANIMAL SHEL'IBR AND REQUIRIN G 'IllE MAND/\'l'ORY NEU'lE!UN<.A /\ND CUH!<t::Nl' l\l\Ll .11::; VACCINATION ON ALL SUCH ANIMALS AI.OPTED FROM SAID SHEL'IER. • • 0 I • Decerrber 18 , 1978 Page 9 • • - OOUNCIIMllN MANi~ MJVED 'IO POS'Il'ONE 'IllE 13 ru, UN'l'J J. l •'l IC'i' Mi·:i·:J'I i (; Ir: 1'11\ht. OF 1979 AND REFER 'IHE BILL 'IO 'IHE ANIMAL OONI'ROL CDJVllV!I · E . Co · c ilman ~ d.>er seconded the nntion . !..Pon the call of the roll , the vote res ted as fol ows : Ayes: Council M=rmers Smith , Harper, Clayton , Mann , weber , "'ey lor . Nays : None . Absent : Council M=rrber Williams . 'Ihe Meyor declared the nntion carried . 66, SERIES OF 1978 UTION INDICATING 'IHE SUPPO RT OF 'IllE CITY OP ENGLl:lvOOD , ON OF LOWRY AIR FDRCE BASE IN 'IHE OIMMUNITY . IU1AN WEBER Jl'DVED FDR PASSAGE OF RESOLUTION NO . 66 Mann s econded the rro tio n . Upon the call ~o ws: /lyes: Nays : J\bsent: RE.SOLUTI ON NO . 67, I\ Rr.:.SOLlJ'T'TON ESTA13LISI lINC: /\N ~ AND MUNICIPAL COURT JUI::cE 'Y MJ\N/\(;foJl , Cl 'l'Y /\'I 'l l H~.Jl·:Y :CALEilJDAR YEAR 19'(9 . COUN CIIJliAN 197 8, AND TO IN.SERT $35,845; CITY ATIO JUDGE -$250 PE of the roll , t -~, OVED FDR PASSAGE OF RESOL • Ll.CMING SALARI ·" IN 'll IE RESOLU'l'l -$33,384;. MUNICIPAL OJURr JUDGE -$2 Councilman Harper seconded the nntion. res ulted as f ollows : Co1.11cil ~'embers Smith , Harper, Clayton , Mann , None . Council M=mber Williams . • • 0 I • • • • • N 0 T I C E July 2, 1979 0 DUE TO RE!ol>DELING IN THE COURT/COUNCIL CHAMBERS, THE JULY 2ND MEETING OF THE ENGLEWOOD CITY COUNCIL HAS BEEN MOVED TO THE ERNIE ANDERSON ROOM, POLICE/FIRE CENTER, 3615 SOlITH ELATI STREET, AT 7 :30 P.M. • WILLIAM D. JAMES DIRECTOR OF FINANCE EX OFFICIO CITY CLERK-TREASURER • - • • ,, / /· ,/ I City of Englewood ' ----------------------------------------------- • • • June 29, 1979 Englewood Herald Sentinel : 3400 S . Elali Street Englewood , Colorado 80110 Phone (303) 761-1140 Please find enclosed the following notice that is to be published in the Englewood Herald Sentinel, Wednesday, July 4, 1979 : l. Notice of Adoption of Ordinance No. , Series of 1979 concerning water service lines .~~ Thank.· you: 1 j / . , Ch /YU . {!J./';;J} ;{))-_fu>.JJ 0 ·anice Watkins 761-1140, Ext. 701 • I • - .... • • • • • • / ,, City of Englewood 3400 S. Elau St reet Englewood . Col orado 801 10 Phone (303) 761 -1140 NOTICE OF ADOPTION OF ORDINANCE On the 2nd day of July, 1979, the City Council of the City of Englewood, Colorado, adopted on final reading the following ordinance: BY Al.ITHORITY ORDINANCE NO. ___ , SERIES OF 1979 J\N ORDINANCE AMENDING SECTION 42, ARTICLE IV (GENEHAL PROVISIONS; RESTRICTIONS) OF CIW'TER 3, TITLE XV, OF THE OFFICIAL CITY CODE, RELATING TO THE REPAI!l, REPLACEMENT, LOWERING, AND THAW- ING OF WATER SERVICE LINES WITHIN THE PUBLIC RIGHT-OF-WAY IN THE CITY OF ENGLEWOOD- Copies of aforesaid ordinance are available for public inspection in the office of the City Clerk, City Hall, City of Englewood, 3400 South Elati Street, Englewood, Colorado. PUBLISHED : July 4, 1979 Englewood Herald Sentinel . • 0 I • • CITY COUNCIL MEETIN G Jul y 2, 1979 • • • ORDINANCE II ;£, 29 I 30. 31, 32 RESOLlITION II ~ :;,-6, )1', 28, 29, • 0 I . .