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HomeMy WebLinkAbout1979-08-20 (Regular) Meeting Agenda• • • 0 CITY COlaiCIL !EETDIG -Regular_ Aupat 20. 1979 • - • • • • CITY COUNCIL MEETING Aug ust 20~ 1979 ORDINANCE I }6. ,)'f. )¥. 39 I 40 RESOLUTION I /.,;¥: 34 I 35 I 36 . ~~=---------------------~ • 0 0 • I . - • • • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO August 20, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 20, 1979, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend James T. Smith, First Baptist Church, 3170 South Broadway. The Pledge of Al- legiance was led by Mayor James Taylor. Mayor Taylor asked for a roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Municipal Court Judge Parkinson Director of Parks and Recreation Romans Deputy City Clerk Watkins * * * * * * Municipal Court Judge Parkinson administered the oath of office to Mr. Oliver J. Giseburt, the newly appointed councilman representing Council District II. Council welcomed Mr. Giseburt as a new member. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JULY 30, 1979, WITH THE FOLLOWING CORRECTION: ON PAGE 4, THE VOTE ON MAY BETH PATTERSON BE ADDED AS FOLLOWS: I • - • • • August 30, 1979 Page 2 • • • MAY BETH PATTERSON: AYES: NAYS: NONE. COUNCIL MEMBERS WILLIAMS, SMITH, HARPER, CLAYTON, MANN, TAYLOR. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Abstain: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Giseburt. The Mayor declared the motion carried. * * * * * * City Manager McCown noted a change in the minutes of the regular meeting of August 6, 1979. The change is on page 21, first r,aragraph, second line. . The word "Council" should be chang- ed to 'Chief Administrative officer". COUNCILMAN MANN K>VED TO APPROVE THE MINUTES OF THE RE- GULAR MEETING OF AUGUST 6, 1979, AS AMENDED. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. Nays: None. Abstain: Council Member Giseburt. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF AUGUST 13, 1979. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays : Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None • I • - • • • • • August 20, 1979 Page 3 Abstain: • • • Council Member Giseburt. The Mayor declared the motion carried. * * * * * * Mr. Ron Parness, owner of Glass Bottles Liquors, 336 West Hampden Avenue, was present and requested a pe.rmit to en- large/modify/expand his business premises. COUNCILMAN MANN MOVED TO APPROVE THE APPLICATION FOR MR. RONALD PARNESS, GLASS BOTTLE LIQUORS, 336 WEST HAMPDEN AVENUE, ENGLEWOOD. Councilman Williams seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * Mr. Marty Herzog, 2317 Vine Street, Denver, was present. Mr. Herzog stated he was the owner of Park & Shop lot and requested an extension of the lease of the Park & Shop which currently has 17 years to run for another additional three years. Mr. Herzog stated the extension will enable him to better negotiate lease con- tracts with tenants. COUNCILMAN WILLIAMS MOVED TO GRANT THE EXTENSION OF THREE YEARS FOR WHICH MR. HERZOG IS ASKING. Councilman Giseburt seconded the motion. Councilman Smith stated the topic of extending leases has been discussed several times before. Mr. Smith stated the City is obligated by law not to negotiate a lease for over 20 years. Mr. Smith stated extending leases could turn into per- petuity and if Council extends leases every three to four years with 17 or 16 years remaining, in essence, is increasing a 20- year lease to perpetuity because every few years, a new Council is coming in and increasing the lease. Council discussed at length the issue of extending the lease as requested by Mr. Herzog, what problems he might have in negotiating contracts, what plans he has for upgrading the pro- perty, and what plans the Downtown Development Authority might have for this area • •• I • - • • • August 20, 1979 Page 4 • • • Upon a call of the roll, the vote on Councilman Williams's motion resulted as follows: Ayes : Nays: Council Members Williams, Giseburt, Smi t h, Mann. Council Members Harper, Clayton, Taylor. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors in the audience wishing to speak. Ms. Louise March, 3141 South Santa Fe Drive #28, Elm Trailer Court, appeared before Council. Ms. March discussed the odor emitted from the Wastewater Treatment Plant located near the trailer court. Ms. March stated the odor has been very bad the last two weeks and asked what had happened since the odor had once been subdued. City Manager McCown stated sludge was backing up and the engineers were called out today to correct the problem. Mayor Taylor thanked Ms. March for coming to the meeting. Mayor Taylor stated Council has been told in a joint-meeting with the Littleton City Council that the odor was going to be elimi- nated completely. Mayor Taylor stated they had informed the en- gineers that if it was not, someone was going to have a lawsuit on their hands. Mayor Taylor stated she should not have to live under such conditions. * * * * * * Mr. Paul Newport, 2974 West Chenango, representing the Englewood Volunteer Fire Department, appeared before Council. Mr. Newport submitted an application for a special events permit for the Volunteer Firemen's Ball to be held on September 22, 1979, to the Clerk. Mayor Taylor stated Council would act on the application in the normal course. * * * * * * Mr. Maurice Merlin, 3688 South Sherman, appeared before Council. Mr. Merlin commented on the benches in the council cham- bers as being uncomfortable and hard to sit on. Mr. Merlin asked Council members Mann, Clayton, and Williams to sit on the benches • I • - • • • • August 20, 1979 Page 5 • • • Hr. Kerlin suggested that the benches be replaced by chairs and he also commented on disliking the color of the furniture. * * * * * * Mrs. Myrtle Jones, 5020 South Washington, appeared be- fore Council. Mrs. Jones stated more study should be done on the recommendation for the playground with no bathroom facilities at Duncan Park. Mrs. Jones stated bathroom facilities should have first priority. * * * * * * Mr. Buddy Clark, 3141 South Santa Fe Drive, appeared be- fore Council and stated his feelings on what a good place Englewood is to live. * * * * * * Mayor Taylor asked if there were any other visitors in the audience wishing to speak to Council on any matters. No one responded. * * * * * * "Co11111llnications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) (e) (f) (g) Minutes of the Board of Career Service Com- missioners meetings of June 28 and July 19, 1979. Kintues of the Board of Adjustment and Ap- peals meeting of July 11, 1979. Kintues of the Denver Regional Council of Governments meeting of July 18, 1979 • Minutes of the Election Commission meetings of August 2 and August 6, 1979. Kintues of the Englewood Downtown Development Authority meeting of August 8, 1979. Minutes of the Parks and Recreation Commis- sion meeting of August 9, 1979. Minutes of the Animal Control Committee meet- ing of August 13, 1979 • I • - • • August 20, 1979 Page 6 (h) (i) • • • Memorandum from the Municipal Court Judge to the Mayor and Members of City Council concerning the activity report for the month of July, 1979. Memorandum from the Director of CoiiiDUDity Development to the City Manager concerning a complaint from Mr. C. A. Brown. Councilman Smith asked if Mr. Brown was present. He was not present. City Manager McCown stated a copy of the memorandum was sent to Mr. Brown. * * * * * * City Manager McCown presented liquor lice,1s e r~newal re- quests from the following businesses: TYPE OF LICENSE NAME OF BUSINESS Hotel/Restaurant The Waldorf 4595 South Santa Fe Drive 3.2 Beer -On Premises Shakey's Pizza Parlor 3281 South Santa Fe Drive Retail Liquor Store Liquor Barn Ltd. 4415 South Broadway COUNCILMAN MANN K>VED TO APPROVE THE RENEWAL REQUEST FOR A HOTEL/RESTAURANT LIQUOR LICENSE FOR THE WALDORF, 4595 SOUTH SANTA FE DRIVE. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. COUNCILMAN CLAYTON MOVED TO APPROVE THE RENEWAL REQUEST FOR A 3.2 BEER LICENSE -ON PREMISES FOR SHAKEY'S PIZZA PARLOR, 3281 SOUTH SANTA FE DRIVE. Councilman Williams seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. ·• I • - • • • • • • August 20, 1979 Page 7 • • • The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO APPROVE THE REQUEST FOR A RETAIL LIQUOR STORE LICENSE FOR THE LIQUOR BARN LTD., 4415 SOUTH BRO~AY. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a recommendation from the Englewood Public Library Board requesting approval of the letters of agreement with the Central Colorado Library System -one for October l, 1979 through December 31, 1979 and the second one for January l, 1980 through September 30, 1980. COUNCILMAN CLAYTON l«>VED FOR PASSAGE OF THE LETTERS OF AGREEMENT. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager McCown asked Director of Parks and Recre- ation Romans to discuss the next agenda item -the recommendation from the Parks and Recreation Commission concerning the improve-ments to Duncan Park • Director Romans discussed the improvements set out in an immediate plan and those under a long-range plan. The immedi- ate plan calls for play apparatus area, all-purpose court, and additional landscaping. The long-range plan calls for an outside rest room and a shelter addition two to three years after the immediate plan is completed. Hr. Romans stated the conclusion and recommendation from the Commission is that the City Council place funds for improvements to Duncan Park in the six-quarter budget. • I • • - • • August 20, 1979 Page 8 • • • Council discussed the need for rest room facilities at Duncan Park and the types of renovation that would be done for these facilities. COUNCILMAN SMITH MOVED TO DISCUSS THIS ITEM AT BUDGET TIME. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Williams. None. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 8 :30 p.m. The Council reconvened at 8:45 p.m. Mayor Taylor asked for a roll call. Upon a call of the roll, the following were present: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. ORDINANCE NO. 36 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE AMENDING SUBSECTIONS a. AND b. OF SECTION 22.7-7 (SIGN CODE) OF THE CITY COMPREHENSIVE ZONING ORDINANCE (ORD. NO. 26, SERIES 1963, AS AMENDED) BY ADDING NEW SUBSECTIONS THERETO AUTHORIZING THE PLACING OF POLITICAL SIGNS IN CERTAIN RESIDENTIAL ZONED DISTRICTS. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 30, SERIES OF 1979 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. • , I . - • • • • • • August 20, 1979 Page 9 • • • The Mayor declared the motion carried. ORDINANCE NO. 37 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 34 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGL~D REK>VING THE FOLLOWING REQUIREMENTS: THAT MEMBERS OF THE BOARD OF ADJUSTMENT AND APPEALS BE TAX-PAYING ELECTORS. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 34, SERIES OF 1979 ON FINAL READING. Councilman Harper seconded the motion. Council discussed this bill at length. Councilman Williams stated it contained provisions that contradicted each other regard- ing residency and qualified elector requirements; however, he agreed that a citizen should be a resident for at least a year before be-ing appointed to the Board. Councilman Giseburt spoke against striking the tax-payer qualification. Councilman Clayton agreed with Hr. Giseburt's argu-ments. Councilman Smith stated forcing a citizen to be a pro- perty owner in order to be considered for appointment to the board is wrong. Councilman Mann stated the final decision will be made at election time when the question is placed on the ballot. City Attorney Berardini noted that the trend is to do away with this law, whether the citizen is a tax-paying elector or not makes no difference in regard to service on the board and for the City. Upon a call of the roll, the vote to pass Council Bill No. 34, Series of 1979 on final reading resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Mann, Taylor. Council Members Giseburt, Clayton • • I • - • • • August 20, 1979 Page 10 • • • The Mayor declared the motion carried. ORDINANCE NO. 38 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO, DEPARTMENT OF HIGHWAYS, CONCERNING MAINTENANCE OF TRAFFIC CONTROL DEVICES ON STATE HIGHWAYS WITHIN THE CITY OF ENGLEWOOD. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 39, SERIES OF 1979 ON FINAL READING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 40 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY IN HAWTHORN SUBDIVISION ON THE WEST SIDE OF 3200 BLOCK OF SOUTH CLARKSON STREET AND RETAINING CERTAIN EASEMENTS THEREIN • COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 40, SERIES OF 1979 ON FIRST READING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor • None. • I . - • • August 20, 1979 Page ll • • • The Mayor declared the motion carried. RESOLUTION NO. SERIES OF 1979 * * * * * * A RESOLUTION APPROVING THE APPLICATION OF COLORADO PIZZA CORPORATION, DOING BUSINESS AS MR. GATTI'S, FOR A RETAIL 3.24 BEVERAGE LICENSE FOR CONSUMPTION ON THE PREMISES TO BE LOCATED AT 225 EAST JEFFERSON AVENUE, ENGLEWOOD, COLORADO. In a response to a question from the Council, City At- torney Berardini stated he had not received any information on the estate of Mr. Merchison which was discussed at the public hear-ing on August 13, 1979. COUNCILMAN MANN MOVED TO POSTPONE THE RESOLUTION UNTIL THE NEXT REGULAR COUNCIL MEETING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nay Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. RESOLUTION NO. 32 SERIES OF 1979 * * * * * * A RESOLUTION AMENDING RESOLUTION NO. 18 CORRECTING THE LEGAL DE- SCRIPTION OF THE PROPOSED DRAINAGE EASEMENT TO BE ACQUIRED BY PUR- CHASE OR CONDEMNATION FOR A WATER STORAGE FACILITY AND APPURTENANCES. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 32, SERIES OF 1979. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * • I . - • • • August 20, 1979 Page 12 RESOLUTION NO. 33 SERIES OF 1979 • • • A RESOLUTION AMENDING RESOLUTION NO. 20, ADOPTED AND APPROVED ON THE 7TH DAY OF HAY, 1979, AUTHORIZING FULL PAYMENT TO THE OWNER OR OCCUPANT OF RESIDENTIAL PROPERTY WHO BECAME LIABLE FOR AND PAID TO THAW FROZEN WATER SERVICE LINES. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 33, SERIES OF 1979. Councilman Smith seconded the motion. Councilman Mann stated the previous resolution was dis- criminatory on the basis of requiring applicants to reveal their income before receiving any reimbursement on the costs to thaw frozen water lines last winter. Mr. Mann suggested that the dead- line date be September 30, 1979. Councilman Smith spoke against extending the deadline to September 30, 1979 and spoke in favor of offering lOOt reimburse- ment to those people who had put in their claims under the previous legislation (Resolution No. 20, Series of 1979). COUNCILMAN SMITH MOVED TO AMEND THE MOTION BY LEAVING THE DEADLINE DATE TO JULY 31, 1979; niEREBY COMPENSATING THOSE WHO HAD FILED. Motion died for lack of a second. Council discussed the resolution at length regarding a possible court case rising out of the resolution's defeat, the unknown consequences in passing it, the agrument whether the legis- lation is discriminatory or not, and opening the deadline to the 30th of September. COUNCILMAN MANN MOVED TO POSTPONE RESOLUTION NO. 33, SERIES OF 1979 TO THE NEXT REGULAR COUNCIL MEETING. Councilman Smith seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays: Council Members Smith, Mann. Council Members Williams, Giseburt, Harper, Clayton, Taylor. The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original motion to pass Resolution No. 33, Series of 1979, resulted as follows: Ayes: Council Members Smith, Mann. I • - • August 20, 1979 Page l3 Nays: • • • Council Members Williams, Giseburt, Harper, Clayton, Taylor. The Mayor declared the motion defeated. * * * * * * City Attorney Berardini discussed the postponement of a resolution ordering a municipal recall election to be held Tues- day, November 6, 1979; and canceling the recall election previously ordered by Resolution No. 30, Series of 1979, for September 18, 1979. The purpose of postponement would allow any protests to be filed in the interim period of receipt and certification of the petitions to Council. COUNCILMAN SMITH MOVED TO POSTPONE THE RESOLUTION UNTIL THE NEXT REGULAR COUNCIL MEETING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Harper, Smith, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed the contract between the City of Englewood and the Department of Housing and Urban Develop- ment for a Community Development Block Grant for housing rehabili-tation in the amount of $226,000. COUNCILMAN CLAYTON MOVED TO AUTHORIZE THE CITY MANAGER TO ·SIGN THE CONTRACT. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Harper, Smith, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager MCCown discussed a contract between the City of Englewood and Peat, Marwick & Mitchell as the firm to perform the annual audit for the years 1979 and 1980 • • I • - • August 20, 1979 Page 14 • • • COUNCILMAN SMITH MOVED TO AUTHORIZE THE MAYOR TO SIGN THE CONTRACT WITH PEAT, MARWICK, MITCHELL FOR THE REVISED CON- TRACT FOR THE YEARS 1979 AND 1980. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Council Members Williams, Giseburt, Harper, Smith, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed the Regional Housing Op- portunity Plan and projects that might qualify the City to re- ceive additional funding. Mr. McCown recommended certain pro- jects that could be submitted as an addendum to the community development block grant. COUNCILMAN SMITH MOVED TO ALLOW THE COMMUNITY DEVELOP- MENT TO SUBMIT A NEW GRANT APPLICATION FOR FULL FUNDING FOR THE THREE FOLLOWING PRIORITIES: 1. FULL FUNDING FOR $600,000 FOR THE PURCHASE OF EAST GIRARD AND SOUTH LINCOLN 2. TWO-THIRDS FUNDING FOR $400,000 FOR THE LAND ONLY FOR THE SENION APARTMENTS. 3. ONE-FIFTH FUNDING FOR $100,000 FOR FIVE DUPLEX UNITS. Councilman Mann seconded the motion. Council discussed the funding and the priority given to the projects. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Taylor. Council Members Williams, Giseburt. The Mayor declared the motion carried. * * * * * * I . • - .... • • • August 20, 1979 Page 15 • • • City Manager McCown discussed the sewer plant and the alternatives in order to handle the capacity at which the City is presently allowed to use. Mr. McCown stated the City is using its total capacity that is available in the current plant. The expansion of the plant can not be accomplished until 1984. The alternatives are: 1) calling a halt to further issuance of taps in the drainage basin; 2) reactivating a portion of the old plant which can be done by 1981 and will allow the City to continue to issue taps. COUNCILMAN SMITH MOVED TO ALLOW CITY MANAGER MCCOWN TO DIRECT THE CITY STAFF TO PROCEED WITH PRELIMINARY ACTIONS NECES- SARY TO REACTIVATE THE NORTH PORTION OF THE OLD SEWER PLANT AND FOR THE EXPANSION OF THE NEW PLANT. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. Mayor Taylor made comments that he was looking forward to the engineers living up to their promise that there would be no odor from the plant. Mayor Taylor discussed the possibility of a law suit if the odor continued. COUNCILMAN MANN MOVED THAT MAYOR TAYLOR'S COMMENTS VERBATIM BE SENT IN A LETTER TO HDR AND TO LITTLETON CITY COUN- CIL AND ANY OTHER INTERESTED PARTIES THAT ARE CONNECTED TO THE SEWER PLANT. Councilman Giseburt seconded the motion. Ayes : Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Nays : None. The Mayor declared the motion carried. * * * * * * City Manager McCown requested that Assistant City Manager Curnes be allowed to attend the ICMA Conference this year in Phoenix, Arizona. Mr. Curnes's trip is budgeted for next year, but he would prefer going to a closer conference rather than attend the one in New York next year and avoid spending additional travel money. Mr. McCown also requested that Administrative Assistant Hugh Brown be allowed to go the conference. Mr. McCown recommended that the City pay $400 towards Mr. Brown's trip if the Assistant's Association pays $100 and if Mr. Brown's pays any additional expenses • I • - • • • August 20, 1979 Page 16 • • • COUNCILMAN SMITH MOVED TO APPROVE TH.E CITY MANAGER'S RECOMMENDATION. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Harper, Clayton, Taylor. Nays: Council Members Giseburt, Mann. The Mayor declared the motion carried. * * * * * * City Manager McCown distributed the agenda for the next Downtown Development Authority meeting. Mr. McCown stated Mr. Keller suggested that the meet- ing on Monday be held at 5:30 p.m. in Mr. Keller's office in the Murphy. Building. * * * * * * City Manager McCown asked for comments on the new Coun- -il communication forms that were used for this meeting. Council recommended that the new forms be continued for two more weeks. * * * * * "* Council discussed whether or not to establish a "No Smoking" rule to be enforced during Council meetings. The matter is to be discussed further at a study session. * * * * * * Councilman Williams asked that the matter of salaries for next year for the City Manager, City Attorney and the Munic- ipal Court Judge be brought up at the next study session • * * * * * * Councilman Smith requested the City Attorney to look into a change in the uniform traffic code as it relates to the crossing of double yellow lines. * * * * * * Councilman Clayton asked the City Manager if he has issued an administrative moratorium on additional sewer taps • • I • • - • • • • • • August 20, 1979 Page 17 • • • City Manager McCown replied there has been no official action taken at this time. * * * * * * Councilman Clayton requested that a list of out-of-town trips for the next twelve month period be prepared and reviewed at the upcoming budget session. Mr. Clayton stated the reason would be for the purposes of possibly revising the out-of-town trip policy. Councilman Smith suggested that the list be for the calendar year. Councilman Clayton stated he had no objections to the list being for the calendar year; however, what was planned for the next 90 days. Councilman Smith stated that information should be in the budget. * * * * * * There was no further business to be discussed • * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE MEETING. Mayor Taylor adjourned the meeting without &·vote at 10 :15 p.m. ~~~ ~ty City Clerk • I . • - • • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO August 20, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 20, 1979, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend James T. Smith, First Baptist Church, 3170 South Broadway. The Pledge of Al- legiance was led by Mayor James Taylor. Mayor Taylor asked for a roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Municipal Court Judge Parkinson Director of Parks and Recreation Romans Deputy City Clerk Watkins * * * * * * Municipal Court Judge Parkinson administered the oath of office to Mr. Oliver J. Giseburt, the newly appointed councilman representing Council District II. Council welcomed Mr. Giseburt as a new member. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JULY 30, 1979, WITH THE FOLLOWING CORRECTION: OM PAGE 4, THE VOTE OM MAY BETH PATTERSON BE ADDED AS FOLLOWS: • • I • - • • • August 30, 1979 Page 2 • • • MAY BETH PATTERSON: AYES: NAYS: NONE. COUNCIL MEMBERS WILLIAMS , SMITH, HARPER, CLAYTON, MANN, TAYLOR. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Abstain: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Giseburt. The Mayor declared the motion carried. * * * * * * City Manager McCown noted a change in the minutes of the regular meeting of Auguat 6, 1979. The chan§e is on page 21, first p,aragraph, second line. The word "Council should be chang-ed to 'Chief Administrative officer". COUNCILMAN MAMN K>VED TO APPROVE THE MINUTES OF THE RE- GULAR MEETING OF AUGUST 6, 1979, AS AMENDED. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Giseburt. The Mayor declared the motion carried • * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF AUGUST 13, 1979. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. • I . - • • August 20, 1979 Page 3 Abstain: • • • Council Member Giseburt. The Mayor declared the motion carried. * * * * * * Mr. Ron Parness, owner of Glass Bottles Liquors, 336 West Hampden Avenue, was present and requested a permit to en- large/modify/expand his business premises. COUNCILMAN MANN MOVED TO APPROVE THE APPLICATION FOR HR. RONALD PARNESS, GLASS BOTTLE LIQUORS, 336 WEST HAMPDEN AVENUE, ENGLEWOOD. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * Mr. Marty Herzog, 2317 Vine Street, Denver, was present. Mr. Herzog stated he was the owner of Park & Shop lot and requested an extension of the lease of the Park & Shop which currently has 17 years to run for another additional three years. Mr. Herzog stated the extension will enable him to better negotiate lease con- tracts with tenants. COUNCILMAN WILLIAMS MOVED TO GRANT THE EXTENSION OF THREE YEARS FOR WHICH HR. HERZOG IS ASKING. Councilman Giseburt seconded the motion. Councilman Smith stated the topic of extending leases has been discussed several times before. Mr. Smith stated the City is obligated by law not to negotiate a lease for over 20 years. Mr. Smith stated extending leases could turn into per- petuity and if Council extends leases every three to four years with 17 or 16 years remaining, in essence, is increasing a 20- year lease to perpetuity because every few years, a new Council is coming in and increasing the lease. Council discussed at length the issue of extending the lease as requested by Mr. Herzog, what problems he might have in negotiating contracts, what plans he has for upgrading the pro- perty, and what plans the Downtown Development Authority might have for this area. • I • - • • • August 20 , 1979 Page 4 • • • Upon a call of the roll, the vote on Councilman Williams's motion resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Mann. Council Members Harper, Clayton, Taylor. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors in the audience wishing to speak. Ms. Louise March, 3141 South Santa Fe Drive #28, Elm Trailer Court, appeared before Council. Ms. March discussed the odor emitted from the Wastewater Treatment Plant located near the trailer court. Ms. March stated the odor has been very bad the last two weeks and asked what had happened since the odor had once been subdued. City Manager McCown stated sludge was backing up and the engineers were called out today to correct the problem. Mayor Taylor thanked Ms. March for coming to the meeting. Mayor Taylor stated Council has been told in a joint-meeting with the Littleton City Council that the odor was going to be elimi- nated completely. Mayor Taylor stated they had informed the en- gineers that if it was not, someone was going to have a lawsuit on their hands. Mayor Taylor stated she should not have to live under such conditions. * * * * * * Mr. Paul Newport, 2974 West Chenango, representing the Englewood Volunteer Fire Department, appeared before Council. Mr. Newport submitted an application for a special events permit for the Volunteer Firemen's Ball to be held on September 22, 1979, to the Clerk. Mayor Taylor stated Council would act on the application in the normal course. * * * * * * Mr. Maurice Merlin, 3688 South Sherman, appeared before Council. Mr. Merlin commented on the benches in the council cham- bers as being uncomfortable and hard to sit on. Mr. Merlin asked Council members Mann, Clayton, and Williams to sit on the benches • • I • - • • • August 20, 1979 Page 5 • • • Mr. Merlin suggested that the benches be replaced by chairs and he also commented on disliking the color of the furniture. * * * * * * Mrs. Myrtle Jones, 5020 South Washington, appeared be- fore Council. Mrs. Jones stated more study should be done on the recommendation for the playground with no bathroom facilities at Duncan Park. Mrs. Jones stated bathroom facilities should have first priority. * * * * * * Mr. Buddy Clark, 3141 South Santa Fe Drive, appeared be- fore Council and stated his feelings on what a good place Englewood is to live. * * * * * * Mayor Taylor asked if there were any other visitors in the audience wishing to speak to Council on any matters. No one responded. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) {c) {d) {e) (f) (g) Minutes of the Board of Career Service Com- missioners meetings of June 28 and July 19, 1979. Mintues of the Board of Adjustment and Ap- peals meeting of July 11, 1979. Mintues of the Denver Regional Council of Governments meeting of July 18, 1979. Minutes of the Election Commission meetings of August 2 and August 6, 1979. Mintues of the Englewood Downtown Development Authority meeting of August 8, 1979. Minutes of the Parks and Recreation Commis- sion meeting of August 9, 1979 • Minutes of the Animal Control Committee meet- ing of August 13, 1979 • • I • - • • • August 20, 1979 Page 6 (h) (i) • • • Memorandum from the Municipal Court Judge to the Mayor and Members of City Council concerning the activity report for the month of July, 1979. Memorandum from the Director of Community Development to the City Manager concerning a complaint from Mr. c. A. Brown. Councilman Smith asked if Mr. Brown was present. He was not present. City Manager McCown stated a copy of the memorandum was sent to Mr. Brown. * * * * * * City Manager McCown presented liquor licens e rt!newal re-quests from the following businesses: TYPE OF LICENSE Hotel/Restaurant 3.2 Beer -On Premises Retail Liquor Store NAME OF BUSINESS The Waldorf 4595 South Santa Fe Drive Shakey's Pizza Parlor 3281 South Santa Fe Drive Liquor Barn Ltd. 4415 South Broadway COUNCILMAN MANN MOVED TO APPROVE THE RENEWAL REQUEST FOR A HOTEL/RESTAURANT LIQUOR LICENSE FOR THE WALDORF, 4595 SOUTH SANTA FE DRIVE. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton , Mann, Taylor. None. The Mayor declared the motion carried. COUNCILMAN CLAYTON MOVED TO APPROVE THE RENEWAL REQUEST FOR A 3.2 BEER LICENSE -ON PREMISES FOR SHAKEY'S PIZZA PARLOR, 3281 SOUTH SANTA FE DRIVE. Councilman Williams seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. • I • - • • • ' • August 20 , 1979 Page 7 • • • The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO APPROVE THE REQUEST FOR A RETAIL LIQUOR STORE LICENSE FOR THE LIQUOR BARN LTD., 4415 SOUTH BROADWAY. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a recommendation from the Englewood Public Library Board requesting approval of the letters of agreement with the Central Colorado Library System -one for October 1, 1979 through December 31, 1979 and the second one for January 1, 1980 through September 30, 1980. COUNCILMAN CLAYTON MOVED FOR PASSAGE OF THE LETTERS OF AGREEMENT. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager McCown asked Director of Parks and Recre- ation Romans to discuss the next agenda item -the recommendation from the Parks and Recreation Commission concerning the improve- ments to Duncan Park • Director Romans discussed the improvements set out in an immediate plan and those under a long-range plan. The immedi- ate plan calls for play apparatus area, all-purpose court, and additional landscaping. The long-range plan calls for an outside rest room and a shelter addition two to three years after the immediate plan is completed. Mr. Romans stated the conclusion and recommendation from the Commission is that the City Council place funds for improvements to Duncan Park in the six-quarter budget. I • • - • • • August 20 , 1979 Page 8 • • • Council discussed the need for rest room facilities at Duncan Park and the types of renovation that would be done for these facilities. COUNCILMAN SMITH MOVED TO DISCUSS THIS ITEM AT BUDGET TIME. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Williams. Nays: None. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 8:30 p.m. The Council reconvened at 8 :45 p.m. Mayor Taylor asked for a roll call. Upon a call of the roll, the following were present: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. ORDINANCE NO. 36 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE AMENDING SUBSECTIONS a. AND b. OF SECTION 22.7-7 (SIGN CODE) OF THE CITY COMPREHENSIVE ZONING ORDINANCE (ORO. NO. 26, SERIES 1963, AS AMENDED) BY ADDING NEW SUBSECTIONS THERETO AUTHORIZING THE PLACING OF POLITICAL SIGNS IN CERTAIN RESIDENTIAL ZONED DISTRICTS. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 30, SERIES OF 1979 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. • • I • - • (. • • ~ • August 20, 1979 Page 9 • • • The Mayor declared the motion carried, ORDINANCE NO. 37 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 34 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS: THAT MEMBERS OF THE BOARD OF ADJUSTMENT AND APPEALS BE TAX-PAYING ELECTORS. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 34, SERIES OF 1979 ON FINAL READING. Councilman Harper seconded the motion. Council discussed this bill at length. Councilman Williams stated it contained provisions that contradicted each other regard- ing residency and qualified elector requirements; however, he agreed that a citizen should be a resident for at least a year before be-ing appointed to the Board. Councilman Giseburt spoke against striking the tax-payer qualification. Councilman Clayton agreed with Mr. Giseburt's argu-ments. Councilman Smith stated forcing a citizen to be a pro- perty owner in order to be considered for appointment to the board is wrong. Councilman Mann stated the final decision will be made at election time when the question is placed on the ballot. City Attorney Berardini noted that the trend is to do away with this law, whether the citizen is a tax-paying elector or not makes no difference in regard to service on the board and for the City. No. 34, Upon Series a call of the roll, the vote to pass Council Bill of 1979 on final reading resulted as follows: Ayes: Council Members Williams, Smith, Harper, Mann, Taylor. Nays: Council Members Giseburt, Clayton. I • - • • August 20, 1979 Page 10 • • • The Mayor declared the motion carried. ORDINANCE NO. 38 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADo, DEPARTMENT OF HIGHWAYS, CONCERNING MAINTENANCE OF TRAFFIC CONTROL DEVICES ON STATE HIGHWAYS WITHIN THE CITY OF ENGLEWOOD. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 39, SERIES OF 1979 ON FINAL READING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 40 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY IN HAWTHORN SUBDIVISION ON THE WEST SIDE OF 3200 BLOCK OF SOUTH CLARKSON STREET AND RETAINING CERTAIN EASEMENTS THEREIN • COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 40, SERIES OF 1979 ON FIRST READING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor • None. • ' I . - • • • • • • August 20, 1979 Page 11 • • The Mayor declared the motion carried. RESOLUTION NO. SERIES OF 1979 * * * * * * A RESOLUTION APPROVING THE APPLICATION OF COLORADO PIZZA CORPORATION, DOING BUSINESS AS MR. GATTI'S, FOR A RETAIL 3.21. BEVERAGE LICENSE FOR CONSUMPTION ON THE PREMISES TO BE LOCATED AT 225 EAST JEFFERSON AVENUE, ENGLEWOOD, COLORADO. In a response to a question from the Council, City At- torney Berardini stated he had not received any information on the estate of Mr. Merchison which was discussed at the public hear-ing on August 13, 1979. COUNCILMAN MANN MOVED TO POSTPONE THE RESOLUTION UNTIL THE NEXT REGULAR COUNCIL MEETING. Councilman Smith seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Nays : Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. RESOLUTION NO. 32 SERIES OF 1979 * * * * * * A RESOLUTION AMENDING RESOLUTION NO. 18 CORRECTING THE LEGAL DE- SCRIPTION OF THE PROPOSED DRAINAGE EASEMENT TO BE ACQUIRED BY PUR- CHASE OR CONDEMNATION FOR A WATER STORAGE FACILITY AND APPURTENANCES. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 32, SERIES OF 1979. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * I • • - • • • August 20, 1979 Page 12 RESOLUTION NO. 33 SERIES OF 1979 • • • A RESOLUTION AMENDING RESOLUTION NO. 20, ADOPTED AND APPROVED ON THE 7TH DAY OF MAY, 1979, AUTHORIZING FULL PAYMENT TO THE OWNER OR OCCUPANT OF RESIDENTIAL PROPERTY WHO BECAME LIABLE FOR AND PAID TO THAW FROZEN WATER SERVICE LINES. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 33, SERIES OF 1979. Councilman Smith seconded the motion. Councilman Mann stated the previous resolution was dis- criminatory on the basis of requiring applicants to reveal their income before receiving any reimbursement on the costa to thaw frozen water lines last winter. Mr. Mann suggested that the dead- line date be September 30, 1979. Councilman Smith spoke against extending the deadline to September 30, 1979 and spoke in favor of offering 100% reimburse- ment to those people who had put in their claims under the previous legislation (Resolution No. 20, Series of 1979). COUNCILMAN SMITH MOVED TO AMEND THE MOTION BY LEAVING THE DEADLINE DATE TO JULY 31, 1979; THEREBY COMPENSATING THOSE WHO HAD FILED. Motion died for lack of a second. Council discussed the resolution at length regarding a possible court case rising out of the resolution's defeat, the unknown consequences in passing it, the agrument whether the legis- lation is discriminatory or not, and opening the deadline to the 30th of September. COUNCILMAN MANN MOVED TO POSTPONE RESOLUTION NO. 33, SERIES OF 1979 TO THE NEXT REGULAR COUNCIL MEETING. Councilman Smith seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays : Counci 1 Member .s Smith , Mann. Council Members Williams, Giseburt, Harper, Clayton, Taylor. The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original motion to pass Resolution No. 33, Series of 1979, resulted as follows: Ayes : Council Members Smith, Mann. I . - ' • • ' • August 20, 1979 Page 13 Nays: • • • Council Members Williams, Giseburt, Harper, Clayton, Taylor. The Mayor declared the motion defeated. * * * * * * City Attorney Berardini discussed the postponement of a resolution ordering a municipal recall election to be held Tues- day, November 6, 1979; and canceling the recall election previously ordered by Resolution No. 30, Series of 1979, for September 18 , 1979. The purpose of postponement would allow any protests to be filed in the interim period of receipt and certification of the petitions to Council. COUNCILMAN SMITH MOVED TO POSTPONE THE RESOLUTION UNTIL THE NEXT REGULAR COUNCIL MEETING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Harper, Smith, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed the contract between the City of Englewood and the Department of Housing and Urban Develop- ment for a Community Development Block Grant for housing rehabili- tation in the amount of $226,000. COUNCILMAN CLAYTON MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN THE CONTRACT. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Williams, Giseburt, Harper, Smith, Clayton, Mann, Taylor • None. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed a contract between the City of Englewood and Peat, Marwick & Mitchell as the firm to perform the annual audit for the years 1979 and 1980. I • • - • • • August 20, 1979 Page 14 • • • COUNCILMAN SMITH MOVED TO AUTHORIZE THE MAYOR TO SIGN THE CONTRACT WITH PEAT, MARWICK, MITCHELL FOR THE REVISED CON- TRACT FOR THE YEARS 1979 AND 1980. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Council Members Williams, Giseburt, Harper, Smith, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed the Regional Housing Op- portunity Plan and projects that might qualify the City to re- ceive additional funding. Mr. McCown recommended certain pro- jects that could be submitted as an addendum to the community development block grant. COUNCILMAN SMITH MOVED TO ALLOW THE COMMUNITY DEVELOP- MENT TO SUBMIT A NEW GRANT APPLICATION FOR FULL FUNDING FOR THE THREE FOLLOWING PRIORITIES: 1. FULL FUNDING FOR $600,000 FOR THE PURCHASE OF EAST GIRARD AND SOUTH LINCOLN 2. TWO-THIRDS FUNDING FOR $400,000 FOR THE LAND ONLY FOR THE SEN ION APARTMENTS. 3. ONE-FIFTH FUNDING FOR $100,000 FOR FIVE DUPLEX UNITS. Councilman Mann seconded the motion. Council discussed the funding and the priority given to the projects • Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Taylor. Council Members Williams, Giseburt. The Mayor declared the motion carried. * * * * * * I . - • August 20, 1979 Page 15 • • • City Manager McCown discussed the sewer plant and the alternatives in order to handle the capacity at which the City is presently allowed to use. Mr. McCown stated the City is using its total capacity that is available in the current plant. The expansion of the plant can not be accomplished until 1984. The alternatives are: l) calling a halt to further issuance of taps in the drainage basin; 2) reactiva.ting a portion of the old plant which can be done by 1981 and will allow the City to continue to issue taps. COUNCILMAN SMITH MOVED TO ALLOW CITY MANAGER MCCOWN TO DIRECT THE CITY STAFF TO PROCEED WITH PRELIMINARY ACTIONS NECES- SARY TO REACTIVATE THE NORTH PORTION OF THE OLD SEWER PLANT AND FOR THE EXPANSION OF THE NEW PLANT. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. Mayor Taylor made comments that he was looking forward to the engineers living up to their promise that there would be no odor from the plant. Mayor Taylor discussed the possibility of a law suit if the odor continued. COUNCILMAN MANN MOVED THAT MAYOR TAYLOR'S COMMENTS VERBATIM BE SENT IN A LETTER TO HDR AND TO LITTLETON CITY COUN- CIL AND ANY OTHER INTERESTED PARTIES THAT ARE CONNECTED TO THE SEWER PLANT. Councilman Giseburt seconded the motion. Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager McCown requested that Assistant City Manager Curnes be allowed to attend the ICMA Conference this year in Phoenix, Arizona. Mr. Curnes's trip is budgeted for next year, but he would prefer going to a closer conference rather than attend the one in New York next year and avoid spending additional travel money. Mr. McCown also requested that Administrative Assistant Hugh Brown be allowed to go the conference. Mr. McCown recommended that the City pay $400 towards Mr. Brown'• trip if the Assistant's Association pays $100 and if Mr. Brown's pays any additional expenses. I • - • August 20, 1979 Page 16 • • • COUNCILMAN SMITH MOVED TO APPROVE THE CITY MANAGER'S RECOMMENDATION. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Harper, Clayton, Taylor. Nays: Council Members Giseburt, Mann. The Mayor declared the motion carried. * * * * * * City Manager McCown distributed the agenda for the next Downtown Development Authority meeting. Mr. McCown stated Mr. Keller suggested that the meet- ing on Monday be held at 5:30 p.m. in Mr. Keller's office in the Murphy" Building. * * * * * * City Manager McCown asked for comments on the new Coun- ~il communication forms that were used for this meeting. Council recommended that the new forms be continued for two more weeks. * * * * * * Council discussed whether or not to establish a "No Smoking" rule to be enforced during Council meetings. The matter is to be discussed further at a study session. * * * * * * Councilman Williams asked that the matter of salaries for next year for the City Manager, City Attorney and the Munic- ipal Court Judge be brought up at the next study session. * * * * * * Councilman Smith requested the City Attorney to look into a change in the uniform traffic code as it relates to the crossing of double yellow lines. * * * * * * Councilman Clayton asked the City Manager if he has i ssued an administrative moratorium on additional sewer taps • • ' I • • - • ( • • • August 20, 1979 Page 17 • • • City Manager McCown replied there has been no official action taken at this time. * * * * * * Councilman Clayton requested that a list of out-of-town trips for the next twelve month period be prepared and reviewed at the upcoming budget session. Mr. Clayton stated the reason would be for the purposes of possibly revising the out-of-town trip policy. Councilman Smith suggested that the ~ist be for the calendar year. Councilman Clayton stated he had no objections to the list being for the calendar year; however, what was planned for the next 90 days. Councilman Smith stated that information should be in the budget. * * * * * * There was no further business to be discussed. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE MEETING. Mayor Taylor adjourned the meeting without a vote at 10:15 p.m • • I • • - • • ( • REGULAR MEETING : • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO August 20, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 20, 1979, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend James T. Smith, First Baptist Church, 3170 South Broadway. The Pledge of Al- legiance was led by Mayor James Taylor. Mayor Taylor asked for a roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared ·a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Municipal Court Judge Parkinson Director of Parks and Recreation Romans Deputy City Clerk Watkins * * * * * * Municipal Court Judge Parkinson administered the oath of office to Mr. Oliver J. Giseburt, the newly appointed councilman representing Council District II. Council welcomed Mr. Giseburt as a new member. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JULY 30, 1979, WITH THE FOLLOWING CORRECTION: ON PAGE 4, THE VOTE ON MAY BETH PATTERSON BE ADDED AS FOLLOWS: • I • - • • • August 30, 1979 Page 2 MAY BETH PATTERSON: AYES: NAYS: • • • NONE. COUNCIL MEMBERS WILLIAMS, SMITH, HARPER, CLAYTON, MANN, TAYLOR. • Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Giseburt. The Mayor declared the motion carried. * * * * * * City Manager McCown not~d a change in the minutes of the regular meeting of August 6, 1979. The change is on page 21, first paragraph, second line. The word "Council" should be chang-ed to "Chief Administrative officer". COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF THE RE- GULAR MEETING OF AUGUST 6, 1979, AS AMENDED. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. Nays : None. Abstain: Council Member Giseburt. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF AUGUST 13, 1979. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as fol-lows : Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None • I • - (r • • • August 20, 1979 Page 3 Abstain: • • • Council Member Giseburt. The Mayor declared the motion carried. * * * * * * Mr. Ron Parness, owner of Glass Bottles Liquors, 336 West Hampden Avenue, was present and requested a permit to en- large/modify/expand his business premises. COUNCILMAN MANN MOVED TO APPROVE THE APPLICATION FOR MR. RONALD PARNESS, GLASS BOTTLE LIQUORS, 336 WEST HAMPDEN AVENUE, ENGLEWOOD. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * Mr. Marty Herzog, 2317 Vine Street, Denver, was present. Mr. Herzog stated he was the owner of P~rk & Shop lot and requested an extension of the lease of the Park & Shop which currently has 17 years to run for another additional three years. Mr. Herzog stated the extension will enable him to better negotiate lease con-tracts with tenants. COUNCILMAN WILLIAMS MOVED TO GRANT THE EXTENSION OF THREE YEARS FOR WHICH MR. HERZOG IS ASKING. Councilman Giseburt seconded the motion. Councilman Smith stated the topic of extending leases has been discussed several times before. Mr. Smith stated the City is obligated by law not to negotiate a lease for over 20 years. Mr. Smith stated extending leases could turn into per- petuity and if Council extends leases every three to four years with 17 or 16 years remaining, in essence, is increasing a 20- year lease to perpetuity because every few years, a new Council is coming in and increasing the lease. Council discussed at length the issue of extending the lease as requested by Mr. Herzog, what problems he might have in negotiating contracts, what plans he has for upgrading the pro- perty, and what plans the Downtown Development Authority might have for this area • I • - • • August 20, 1979 Page 4 • • • Upon a call of the roll, the vote on Councilman Williams's motion resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Mann. Council Members Harper, Clayton, Taylor. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors in the audience wishing to speak. Ms. Louise March, 3141 South Santa Fe Drive #28, Elm Trailer Court, appeared before Council. Ms. March discussed the odor emitted from the Wastewater Treatment Plant located near the trailer court. Ms. March stated the odor has been very bad the last two weeks and asked what had happened since the odor had once been subdued. City Manager McCown stated sludge was backing up and the engineers were called out today to correct the problem. Mayor Taylor thanked Ms. March for coming to the meeting. Mayor Taylor stated Council has been told in a joint-meeting with the Littleton City Council that the odor was going to be elimi- nated completely. Mayor Taylor stated they had informed the en- gineers that if it was not, someone was going to have a lawsuit on their hands. Mayor Taylor stated she should not have to live under such conditions. * * * * * * Mr. Paul Newport, 2974 West Chenango, representing the Englewood Volunteer Fire Department, appeared before Council. Mr. Newport submitted an application for a special events permit for the Volunteer Firemen's Ball to be held on September 22, 1979, to the Clerk. Mayor Taylor stated Council would act on the application in the normal course. * * * * * * Mr. Maurice Merlin, 3688 South Sherman, appeared before Council. Mr. Merlin commented on the benches in the council cham- bers as being uncomfortable and hard to sit on. Mr. Merlin asked Council members Mann, Clayton, and Williams to sit on the benches • • ' I • - • • • • ...-· August 20, 1979 Page 5 • Mr. Merlin suggested that the benches be replaced by chairs and he also commented on disliking the color of the furniture. * * * * * * Mrs. Myrtle Jones, 5020 South Washington, appeared be- fore Council. Mrs.·Jones stated more study should be done on the recommendation for the playground with no bathroom facilities at Duncan Park. Mrs. Jones stated bathroom facilities should have first priority. * * * * * * Mr. Buddy Clark, 3141 South Santa Fe Drive, appeared be- fore Council and stated his feelings on what a good place Englewood is to live. * * * * * * Mayor Taylor asked if there were any other visitors in the audience wishing to speak to Council on any matters. No one responded. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) (e) (f) (g) Minutes of the Board of Career Service Com- missioners meetings of June 28 and July 19, 1979. Mintues of the Board of Adjustment and Ap- peals meeting of July 11, 1979. Mintues of the Denver Regional Council of Governments meeting of July 18, 1979. Minutes of the Election Commission meetings of August 2 and August 6, 1979. Mintues of the Englewood Downtown Development Authority meeting of August 8, 1979. Minutes of the Parks and Recreation Commis- sion meeting of August 9, 1979. Minutes of the Animal Control Committee meet- ing of August 13, 1979 • I • - • • • August 20, 1979 Page 6 (h) (i) • • • Memorandum from the Municipal Court Judge to the Mayor and Members of City Council concerning the activity report for the month of July, 1979. Memorandum from the Director of Community Development to the City Manager concerning a complaint from Mr. C. A. Brown. Councilman Smith asked if Mr. Brown was present. He was not present. City Manager McCown stated a copy of the memorandum was sent to Mr. Brown. * * * * * * City Manager McCown presented liquor licens e rt!newal re- quests from the following businesses: TYPE OF LICENSE Hotel/Restaurant 3.2 Beer -On Premises Retail Liquor Store NAME OF BUSINESS The Waldorf 4595 South Santa Fe Drive Shakey's Pizza Parlor 3281 South Santa Fe Drive Liquor Barn Ltd. 4415 South Broadway COUNCILMAN MANN MOVED TO APPROVE THE RENEWAL REQUEST FOR A HOTEL/RESTAURANT LIQUOR LICENSE FOR THE WALDORF, 4595 SOUTH SANTA FE DRIVE. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. COUNCILMAN CLAYTON MOVED TO APPROVE THE RENEWAL REQUEST FOR A 3.2 BEER LICENSE -ON PREMISES FOR SHAKEY'S PIZZA PARLOR, 3281 SOUTH SANTA FE DRIVE. Councilman Williams seconded the mo- tion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. • I • • - • • c August 20, 1979 Page 7 • • • The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO APPROVE THE REQUEST FOR A RETAIL LIQUOR STORE LICENSE FOR THE LIQUOR BARN LTD., 4415 SOUTH BROADWAY. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a recommendation from the Englewood Public Library Board requesting approval of the letters of agreement with the Central Colorado Library System -one for October l, 1979 through December 31, 1979 and the second one for January l, 1980 through September 30, 1980. COUNCILMAN CLAYTON MOVED FOR PASSAGE OF THE LETTERS OF AGREEMENT. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager McCown asked Director of Parks and Recre- ation Romans to discuss the next agenda item -the recommendation from the Parks and Recreation Commission concerning the improve-ments to Duncan Park • Director Romans discussed the improvements set out in an immediate plan and those under a long-range plan. The immedi- ate plan calls for play apparatus area, all-purpose court, and additional landscaping. The long-range plan calls for an outside rest room and a shelter addition two to three years after the immediate plan is completed. Mr. Romans stated the conclusion and recommendation from the Commission is that the City Council place funds for improvements to Duncan Park in the six-quarter budget. I • - • • • August 20, 1979 Page 8 • • • 0 Council discussed the need for rest room facilities at Duncan Park and the types of renovation that would be done for these facilities. COUNCILMAN SMITH MOVED TO DISCUSS THIS ITEM AT BUDGET TIME. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Williams. None. The Mayor declared the motion carried. * * * ~ * * Mayor Taylor declared a recess at 8 :30 p.m. The Council reconvened at 8:45 p.m. Mayor Taylor asked for a roll call. Upon a call of the roll, the following were present: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. ORDINANCE NO. 36 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE AMENDING SUBSECTIONS a. AND b. OF SECTION 22.7-7 (SIGN CODE) OF THE CITY COMPREHENSIVE ZONING ORDINANCE (ORO. NO. 26, SERIES 1963, AS AMENDED) BY ADDING NEW SUBSECTIONS THERETO AUTHORIZING THE PLACING OF POLITICAL SIGNS IN CERTAIN RESIDENTIAL ZONED DISTRICTS. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 30, SERIES OF 1979 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. I • - • • • August 20, 1979 Page 9 • • • The Mayor declared the motion carried. ORDINANCE NO. 37 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 34 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RBHOVING THE FOLLOWING REQUIREMENTS: THAT MEMBERS OF THE BOARD OF ADJUSTMENT AND APPEALS BE TAX-PAYING ELECTORS. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 34, SERIES OF 1979 ON FINAL READING. Councilman Harper seconded the motion. Council discussed this bill at length. Councilman Williams stated it contained provisions that contradicted each other regard- ing residency and qualified elector requirements; however, he agreed that a citizen should be a resident for at least a year before be-ing appointed to the Board. Councilman Giseburt spoke against striking the tax-payer qualification. Councilman Clayton agreed with Hr. Giseburt's argu-ments. Councilman Smith stated forcing a citizen to be a pro- perty owner in order to be considered for appointment to the board is wrong. Councilman Mann stated the final decision will be made at election time when the question is placed on the ballot. City Attorney Berardini noted that the trend is to do away with this law, whether the citizen is a tax-paying elector or not makes no difference in regard to service on the board and for the City. Upon a call of the roll, the vote to pass Council Bill No. 34, Series of 1979 on final reading resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Mann, Taylor. Council Members Giseburt, Clayton. • - I • - • • • August 20, 1979 Page 10 • • • The Mayor declared the motion carried. ORDINANCE NO. 38 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADo, DEPARTMENT OF HIGHWAYS, CONCERNING MAINTENANCE OF TRAFFIC CONTROL DEVICES ON STATE HIGHWAYS WITHIN · THE CITY OF ENGLEWOOD. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 39, SERIES OF 1979 ON FINAL READING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 40 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY IN HAWTHORN SUBDIVISION ON THE WEST SIDE OF 3200 BLOCK OF SOUTH CLARKSON STREET AND RETAINING CERTAIN EASEMENTS THEREIN • COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 40, SERIES OF 1979 ON FIRST READING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor • None. • I . - • • • August 20, 1979 Page 11 • • • The Mayor declared the motion carried. RESOLUTION NO. SERIES OF 1979 * * * * * * A RESOLUTION APPROVING THE APPLICATION OF COLORADO PIZZA CORPORATION, DOING BUSINESS AS MR. GATTI'S, FOR A RETAIL 3.2~ BEVERAGE LICENSE FOR CONSUMPTION ON THE PREMISES TO BE LOCATED AT 225 EAST JEFFERSON AVENUE, ENGLEWOOD, COLORADO. In a response to a question from the Council, City At- torney Berardini stated he had not received any information on the estate of Mr. Merchison which was discussed at the public hear-ing on August 13, 1979. COUNCILMAN MANN MOVED TO POSTPONE THE RESOLUTION UNTIL THE NEXT REGULAR COUNCIL MEETING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. RESOLUTION NO. 32 SERIES OF 1979 * * * * * * A RESOLUTION AMENDING RESOLUTION NO. 18 CORRECTING THE LEGAL DE- SCRIPTION OF THE PROPOSED DRAINAGE EASEMENT TO BE ACQUIRED BY PUR- CHASE OR CONDEMNATION FOR A WATER STORAGE FACILITY AND APPURTENANCES. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 32, SERIES OF 1979. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * I • - • • • August 20, 1979 Page 12 RESOLUTION NO. 33 SERIES OF 1979 • • • A RESOLUTION AMENDING RESOLUTION NO. 20, ADOPTED AND APPROVED ON THE 7TH DAY OF MAY, 1979, AUTHORIZING FULL PAYMENT TO THE OWNER OR OCCUPANT OF RESIDENTIAL PROPERTY WHO BECAME LIABLE FOR AND PAID TO THAW FROZEN WATER SERVICE LINES. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 33, SERIES OF 1979. Councilman Smith seconded the motion. Councilman Mann stated the previous resolution was dis- criminatory on the basis of requiring applicants to reveal their income before receiving any reimbursement on the costs to thaw frozen water lines last winter. Mr. Mann suggested that the dead- line date be September 30, 1979. Councilman Smith spoke against extending the deadline to September 30, 1979 and spoke in favor of offering 100% reimburse- ment to those people who had put in their claims under the previous legislation (Resolution No. 20, Series of 1979). COUNCILMAN SMITH MOVED TO AMEND THE MOTION BY LEAVING THE DEADLINE DATE TO JULY 31, 1979; THEREBY COMPENSATING THOSE WHO HAD FILED. Motion died for lack of a second. Council discussed the resolution at length regarding a possible court case rising out of the resolution's defeat, the unknown consequences in passing it, the agrument whether the legis- lation is discriminatory or not, and opening the deadline to the 30th of September. COUNCILMAN MANN MOVED TO POSTPONE RESOLUTION NO. 33, SERIES OF 1979 TO THE NEXT REGULAR COUNCIL MEETING. Councilman Smith seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays: Council Members Smith, Mann. Council Members Williams, Giseburt, Harper, Clayton, Taylor. The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original motion to pass Resolution No. 33, Series of 1979, resulted as follows: Ayes : Council Members Smith, Mann. I • - • • • August 20, 1979 Page 13 Nays: • • • Council Members Williams, Giseburt, Harper, Clayton, Taylor. The Mayor declared the motion defeated. * * * * * * City Attorney Berardini discussed the postponement of a resoluti~n ordering a municipal recall election to be held Tues- day, November 6, 1979; and canceling the recall election previously ordered by Resolution No. 30, Series of 1979, for September 18, 1979. The purpose of postponement would allow any protests to be filed in the interim period of receipt and certification of the petitions to Council. COUNCILMAN SMITH MOVED TO POSTPONE THE RESOLUTION UNTIL THE NEXT REGULAR COUNCIL MEETING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Harper, Smith, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed the contract between the City of Englewood and the Department of Housing and Urban Develop- ment for a Community Development Block Grant for housing rehabili- tation in the amount of $226,000. COUNCILMAN CLAYTON MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN THE CONTRACT. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Harper, Smith, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed a contract between the City of Englewood and Peat, Marwick & Mitchell as the firm to perform the annual audit for the years 1979 and 1980 • I • • - • • • August 20, 1979 Page 14 • • • COUNCILMAN SMITH MOVED TO AUTHORIZE THE MAYOR TO SIGN THE CONTRACT WITH PEAT, HARWICK, MITCHELL FOR THE REVISED CON- TRACT FOR THE YEARS 1979 AND 1980. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Council Members Williams, Giseburt, Harper ; Smith, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed the Regional Housing Op- portunity Plan and projects that might qualify the City to re- ceive additional funding. Mr. McCown recommended certain pro- jects that could be submitted as an addendum to the community development block grant. COUNCILMAN SMITH MOVED TO ALLOW THE COMMUNITY DEVELOP- MENT TO SUBMIT A NEW GRANT APPLICATION FOR FULL FUNDING FOR THE THREE FOLLOWING PRIORITIES: l. FULL FUNDING FOR $600,000 FOR THE PURCHASE OF EAST GIRARD AND SOUTH LINCOLN 2. TWO-THIRDS FUNDING FOR $400,000 FOR THE LAND ONLY FOR THE SENION APARTMENTS. 3. ONE-FIFTH FUNDING FOR $100,000 FOR FIVE DUPLEX UNITS. Councilman Mann seconded the motion. Council discussed the funding and the priority given to the projects • Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Taylor. Council Members Williams, Giseburt. The Mayor declared the motion carried. * * * * * * I • - - , • ( • August 20, 1979 Page 15 • • • City Manager McCown discussed the sewer plant and the alternatives in order to handle the capacity at which the City is presently allowed to use. Mr. McCown stated the-City is using its total capacity that is available in the current plant. The expansion of the plant can not be accomplished until 1984. The alternatives are: 1) calling a halt to further issuance of taps in the drainage basin; 2) reactivating a portion of the old plant which can be done by 1981 and will allow the City ,to continue to issue taps. COUNCILMAN SMITH MOVED TO ALLOW CITY MANAGER MCCOWN TO DIRECT THE CITY STAFF TO PROCEED WITH PRELIMINARY ACTIONS NECES- SARY TO REACTIVATE THE NORTH PORTION OF THE OLD SEWER PLANT AND FOR THE EXPANSION OF THE NEW PLANT. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. Mayor Taylor made comments that he was looking forward to the engineers living up to their promise that there would be no odor from the plant. Mayor Taylor discussed the possibility of a law suit if the odor continued. COUNCILMAN MANN MOVED THAT MAYOR TAYLOR'S COMMENTS VERBATIM BE SENT IN A LETTER TO HDR AND TO LITTLETON CITY COUN- CIL AND ANY OTHER INTERESTED PARTIES THAT ARE CONNECTED TO THE SEWER PLANT. Councilman Giseburt seconded the motion. Ayes : Council Members Williams, Giseburt , Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager McCown requested that Assistant City Manager Curnes be allowed to attend the ICMA Conference this year in Phoenix, Arizona. Mr. Curnes's trip is budgeted for next year, but he would prefer going to a closer conference rather than attend the one in New York next year and avoid spending additional travel money. Mr. McCown also requested that Administrative Assistant Hugh Brown be allowed to go the conference. Mr. McCown recommended that the City pay $400 towards Mr. Brown's trip if the Assistant's Association pays $100 and if Mr. Brown's pays any additional expenses • • • I • - • • • August 20, 1979 Page 16 • • • COUNCILMAN SMITH MOVED TO APPROVE THE CITY MANAGER'S RECOMMENDATION. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams, Smith, Harper, Clayton, Taylor. Nays: Council Members Giseburt, Mann. The Mayor declared the motion carried. * * * * * * City Manager McCown distributed the agenda for the next Downtown Development Authority meeting. Mr. McCown stated Mr. Keller suggested that the meet- ing on Monday be held at 5:30 p.m. in Mr. Keller's office in the Murphy . Building. * * * * * * City Manager McCown asked for comments on the new Coun-~il communication forms that were used for this meeting. Council recommended that the new forms be continued for two more weeks. * * * * * * Council discussed whether or not to establish a "No Smoking" rule to be enforced during Council meetings. The matter is to be discussed further at a study session. * * * * * * Councilman Williams asked that the matter of salaries for next year for the City Manager, City Attorney and the Munic- ipal Court Judge be brought up at the next study session. * * * * * * Councilman Smith requested the City Attorney to look into a change in the uniform traffic code as it relates to the crossing of double yellow lines • * * * * * * Councilman Clayton asked the City Manager if he has issued an administrative moratorium on additional sewer taps • • I • - ( • • • August 20 , 1979 Page 17 • • • City Manager McCown replied there has been no official action taken at this time. * * * * * * Councilman Clayton requested that a list of out-of-town trips for the next twelve month period be prepared and reviewed at the upcoming budget session. Mr. Clayton stated the reason would be for the purposes of possibly revising the out-of-town trip policy. Councilman Smith suggested that the list be for the calendar year. Councilman Clayton stated he had no objections to the list being for the calendar year; however, what was planned for the next 90 days. Councilman Smith stated that information should be in the budget. * * * * * * There was no further business to be discussed. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE MEETING. Mayor Taylor adjourned the meeting without a vote at 10 :15 p.m • • I • - ' ~ • • ( • • • • -----------------. J I • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL AUGUST 20, 1979 7 :30 P.M . Call to order, invocation by Reverend James T. Smith, First Baptist Church, 3170 South Broadway, pledge of allegiance by Boy Scout Troop #154, and roll call . l. Oath of Office. (a) Judge Louis J . Parkinson, Englewood Municipal Court, will be present to administer the oath of office to Mr. Oliver J . Giseburt, the newly appointed Councilman to represent District II. 2. Minutes. ~ (a) Minutes of the special meeting of July 30, ~ 1979. (Copies enclosed.) ~(b) Minutes of the regular meeting of August 6, ~ 1979. (Copies enclosed.) ~ 3. ~ ~ 4. 5 . (c) Minutes of the special meeting of August 13, 1979. (Copies enclosed.) Pre-Scheduled Visitors . (a) Mr. Ron Parness, owner of Glass Bottles Liquors, 336 West Hampden Avenue, will be present to request a -permit to enlarge/modify/expand premises . (Copies enclosed .) (b) Mr . Marty Herzog, 2317 Vine Street, Denver, owner of Park & Shop lot, will be present to discuss extending the lease of the Park & Shop lot . Other Visitors . Public Hearing . I • - • • • • ( • • • .. • Page 2 August 20, 1979 Agenda 6. Communications -No Action Recommended. (a) (b) (c) (d) (e) (f) (g) (h) (i) Minutes of the Board of Career Service Commis- sioners meetings of June 28 and July 19, 1979. (Copies enclosed.) Minutes of the Board of Adjustment and Appeals meeting of July 11, 1979. (Copies enclosed.) Minutes of the Denver Regional Council of Govern- ments meeting of July 18, 1979. (Copies enclosed.) Minutes of the Election Commission meetings of August 2 and August 6, 1979. (Copies enclosed.) Minutes of the Englewood Downtown Development Authority meeting of August 8, 1979. (Copies enclosed.) Minutes of the Parks and Recreation Commission .. eting of August 9, 1979. (Copies enclosed.) Minutes of the Animal Control Committee meeting of August 13, 1979. (Copies enclosed.) Memorandum from the Municipal Court Judge to the Mayor and Members of City Council concerning the activity report for the month of July, 1979. (Copies enclosed.) Memorandum from the Director of Community Development to the City Manager concerning a complaint from Mr. C. A. Brown. (Copies enclosed .) 7. Communications -Action Recommended. (a) (b) (c) (d) Request for a Hotel/Restaurant License renewal for The Waldorf, 4595 South Santa Fe Drive. (Copies enclosed.) Request for a 3.2 Beer License -On Premises renewal for Shakey's Pizza Parlor, 3281 South Santa Fe Drive. (Copies enclosed.) Request for a Retail Liquor Store License renewal for Liquor Barn Ltd., 4415 South Broad- way. (Copies enclosed.) Recommendation from the Englewood Public Library Board requesting approval of letters of agreement with the Central Colorado Library System. (Copies enclosed.) I • - •• • • • • ---------------- Page 3 August 20, 1979 Agenda ~ 7. Communications-Action Recommended. ( • ~ Ot ;but~ e) Recomnendation from Parks and Recreation Com- a.J... ~41fJ-mission concerning improvements to Duncan Park. (Copies enclosed .) 8. City Attorney. Ordinances on Final Reading. (a) (b) Ordinance amending subsections a. and b. of Section 22.7-7 (Sign Code) of the City Comprehensive Zoning Ordinance by adding new subsections thereto authorizing the placing of political signs in certain residential zoned districts. (Copies enclosed.) Ordinance submitting to a vote of the qualified electors of the City of Englewood at the General Municipal Election to be held on November 6, 1979, proposed Amendment #4 to the Charter of the City of Englewood removing the following requirement: that members of the Board of Adjustment and Appeals be tax-paying electors. (Copies enclosed.) (c) Ordinance approving a contract between the City of Englewood and the State of Colorado, ~~ Department of Highways, concerning maintenance ~~ of traffic control devices on state highways within the City of Englewood. (Copies enclosed.) Bill for an Ordinance. Bill vacating a portion of that certain right- of-way in Hawthorn Subdivision on the west side of 3200 block of South Clarkson Street and re~aining certain easements therein. (Copies enclosed.) Resolution. (e) Resolution approving the application of Colorado Pizza Corporation, d/b/a Mr. Gatti's, for a retail 3.2% beverage license for consumption on the premises to be located at 225 East Jefferson Avenue, Englewood, Colorado. (Copies enclosed.) I . - • • • ( • • ,. I • Page 4 August 20, 1979 Agenda 8. ~~­ dt.jutJ/-, City Attorney (Continued). (f) (g) Resolution amending Resolution No. 18 correcting the legal description of the proposed drainage easement to be acquired by purchase or condemnation for a water storage facility and appurtenances. (Copies enclosed.) Resolution amending Resolution No. 20, adopted and approved on the 7th day of May, 1979, authorizing full payment to the owner or occupant of residential property who became liable for and paid to thaw frozen water service lines. (Resolution and Memorandum from the Director of Utilities enclosed.) Resolution ordering a muncipal recall election to be held on Tuesday, November 6, 1979; canceling the recall election previously ordered by Resolution No. 30, Series of 1979, for September 18, 19 79 . (-&opies enclosed.) ~ . Other Matters. ~L...., :oo~O..L 2\--~ -"-""~ (i) Attorney's Choice. 9. City Manager. ~~(a) ~*~ Approval of a contract between the City of Englewood ana the Department of Housing and Urban Develop- ment for a Community Development Block Grant • for housing rehabilitation in the amount of $226,000. (Copies enclosed.) (b) Approval of a contract between the City of Engle- wood and Peat, Harwick & Mitchel as the firm to perform the annual audit for the years 1979 and 1980. (Copies enclosed.) (c) Manager's .choice. 10. General Discussion. (a) Mayor's Choice . (b) Councilman's Choice. ()~~Z~nt :An~~Cown City Manager • I • • - - • • • • • ;:.__..:.__ ____ ----- ~. ~~0-19 . 4 • ROLL CALL Mo ed Sec ncl A v 0 ed "Ye Wflltams ~ smnn Har~r Clavton . 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I . • • - • • ROLL CALL Ncwed Seconded A "Ye IY sta n sent W1111UIS _,.,. ~b J_..;;; ::~~~nn L- ia~r &,..- :1avton ,__ lknn c..-- llayor Tay_l cr -- • I . • - • • ROLL CALL A Abut 0 "Ye lY s n sen lt!llflll!l Ab t ~r ~~~ Jial'oer Clayton Mann _llla_yor _Tay_~or • I . • • - • i'. • ROLL CALL Moved Seconded Wf11fa111s ~ Ave Nay Abstatn Absent c..- 1---;,; /rtl. t- ;:)IIJ'Itn ,._ -wa;;n; .. 1.-- ~ Cl~vton ,_ Mal)n_ v TaYor Tay_l_!lr 1.-- • I . • • - • • • ••• I I • ROLL CALL Abstatn Absent • I . . • • • • - • • ROLL CALL No ed Sec nded y 0 'Ye ~ s n sen ll!llflll$ ~- A Ab taf Ab t _......_ I ~ .......-:IIII_T"tlf _,._ 1.-_HArDer ~ Cl-.vton k-Mann . ~ ~,. _TayJ.pr £..- • • I . • • - • t • ROll CALL ""-' .. ~ Nott_ Abstlfn Absent lillJ.fMIS ~ .. ~ lmH ~ Inn _1 ~ _!!}'_l_pr • I . • • - • • ROLL CALL Mowed Seconded Abstatn Absent • • I . • • • - • .. • • ROLL CALL Moved Seconded Abstafn Absent I . . • - • • ROLL CALL No eel Sec ndecl y 0 ANa Ab1 Ab 've lY sta n sent W..!J.!1ams ~r ~l~n ....HA.rDtt Cli.Y_ton Mann ...!'!!l_Or _!_~_l_Er • • I . • - • • • State of Colorado County of Arapahoe City of Englewood • • • 0 A T H I, ___ o~1~~~·v~e~r--J~·~G~i-s~e~b~u~r~t~-----' do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Colorado, and the Charter and Ordinances of the City of Englewood; and that I will, to the best of my ability, faithfully perform the duties of the office of City Councilman during ~ continuance therein, so h~!p me God. Subscribed and sworn to before me this 20th day of --~A~u~g~u~s~t~----------' 19~. ~~. Ek'un~c~pal Judge / / / I • - • • SPECIAL MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO July 30, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on July 30, 1979, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by City Manager Andy McCown. The Pledge of Allegiance was led by Mayor James L. Taylor. 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: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Johannisson * * * * * * COUNCILMAN SMITH MOVED TO SUSPEND THE RULES. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. Mayor Taylor asked for nominations to fill the vacant Council seat in District II. Councilman Williams stated that the Councilman which was to be elected needed to be one that had a great deal of ex- perience and had past experience with the City Council. He, there- fore nominated John Kreiling, a former councilman • I • • - • • • • • • July 30, 1979 Page 2 Councilman Clayton stated that all of the names of individuals who submitted letters should be placed in nomina- tion. COUNCILMAN WILLIAMS MOVED TO NOMINATE JOHN KREILING AS A COUNCIL MEMBER. Mayor Taylor asked for seconds. City Attorney Berardini stated he did not believe that seconds were needed in this situation. Mayor Taylor stated there would be no seconds to nomi- nations. Councilman Harper stated the councilman that is to be selected must have several qualifications over and above those stated in the Charter. He listed several criteria which he used in judging potential candidates. They were: 1. Experience as determined by the individual's parti- cipation in the community especially on boards or commissions. 2. The individual should not be involved in the Engle- wood political controversies of the past few years. He should not have been a candidate in the last election. 3. He should have the support of his district constit- uency and of other community at large. COUNCILMAN HARPER NOMINATED JACK MARTIN. Councilman Smith stated his criteria. They were: 1. Councilman Smith agreed with Councilman Harper's criteria except for the one dealing with the past politics. 2. He felt the individual should have a tremendous in- terest in the City witnessed by heavy participation on boards or commissions and interest groups • Councilman Smith stated there were two criteria that he used in eliminating individuals from consideration: 1. He could not support anybody who supported Mayor Henning in the core city redevelopment and for that reason he could not support Marjorie Becker • - I • • - • • July 30, 1979 Page 3 • • • 2. He could not support anybody who believed in civil disobedience, and therefore, could not support Jack Martin because of his actions regarding political signs during the last election. COUNCILMAN SMITH NOMINATED MARTEN LATHROP FOR THE FOL- LOWING REASONS: 1. He ran against Councilman Weber in the last elec- tion. 2. He received over 400 votes. 3. He has the support of many people in his district. Mayor Taylor stated that he had also received letters from Marjorie Becker and from May Beth Patterson. Both had ex- pressed an interest in the vacant seat. Councilman Clayton stated all that had applied should have their names placed in nomination. Councilman Smith disagreed. He stated that only those individuals who have support of current councilmen should be plac- ed in nomination. He felt it was a waste of time and effort to place those names in nomination who did not have support. Councilman Clayton asked for a ruling on this question. COUNCILMAN WILLIAMS MOVED THAT ALL FIVE NAMES BE PLACED ON A BALLOT FOR NOMINATION. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Harper, Clayton, Taylor. Nays: Council Members Smith, Mann. The Mayor declared the motion carried. COUNCILMAN MANN MOVED TO CLOSE NOMINATIONS. Councilman Smith seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried • • I • • - - • • • July 30, 1979 Page 4 • • • Mayor Taylor stated the City was fortunate to have five very qualified individuals placed in nomination. There was a short discussion relating to the method of voting for the nominations. City Attorney Berardini stated that the voting method should be decided by Council and it could be either secret or open ballot. COUNCILMAN SMITH MOVED THAT .THE VOTE BE BY ORDER OF EN- TRY OF NOMINATION AND BY OPEN VOTE. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. Mayor Taylor asked the City Clerk to poll the Council on each one of the nominations. JOHN KREILING: Ayes: Nays: JACK MARTIN: Ayes: Nays: MARTEN LATHROP: Ayes: Nays: MARJORIE BECKER: Ayes: Nays: Council Member Williams. Council Members Smith, Harper, Clayton, Mann, Taylor. Council Members Harper, Taylor. Council Members Williams, Smith, Clayton, Mann. Council Members Smith, Clayton, Mann. Council Members Williams, Harper, Taylor • Council Member Taylor. Council Members Williams, Smith, Harper, Clayton, Mann • I • • - •• • • July 30, 1979 Page 5 • • • Councilman Mann stated that Mayor Taylor voted twice in the affirmative on Becker and Martin and that this should not be permitted. Mayor Taylor changed his vote and voted in the negative for Marjorie Becker. The vote for Marjorie Becker changed to 0 -6. COUNCILMAN SMITH MOVED THAT THE NAMES OF JACK MARTIN AND MARTEN LATHROP BE PLACED ON THE BALLOT. Councilman Clayton sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Clayton, Taylor. Council Members Williams, Harper, Mann. The Mayor declared the motion defeated. Councilman Smith reminded Council that the Charter re- quires Council to choose a councilman within 30 days after the resignation of the incumbent. City Attorney Berardini stated the lanftuage of the Char- ter is not mandatory even though the word "shall' is used. The Courts have construed the word "shall" as being directionary in- stead of mandatory; and therefore, the Council may take more time if they are unable to reach a decision or so desire. Council would then have the power to appoint somebody after the 30 days expired. A short discussion between Councilman Smith and City At- torney Berardini followed about the Charter requirements. COUNCILMAN MANN MOVED THAT EACH COUNCILMAN SHALL HAVE ONE POSITIVE VOTE FOR THE CANDIDATE OF HIS CHOICE. Councilman Smith seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Taylor • Council Member Williams. The Mayor declared the motion carried. A short discussion between Councilman Mann and Council- man Williams followed relating to voting for the candidate. Coun- cilman Smith stated that a motion needed to be made to narrow the ballot down. Mayor Taylor asked that a vote be taken on all of the candidates again • I • - • • • July 30, 1979 Page 6 JOHN KREILING: Ayes : Nays: JACK MARTIN: Ayes: Nays: MARTEN LATHROP: Ayes : Nays: MARJORIE BECKER: Ayes: Nays: • • • Council Member Williams. Council Members Smith, Harper, Clayton, Mann, Taylor. Council Members Harper, Taylor. Council Members Williams, Smith, Clayton, Mann. Council Members Smith, Clayton, Mann. Council Members Williams, Harper, Taylor. None. Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. HAY BETH PATTERSON: Ayes: Nays: None. Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. COUNCILMAN SMITH MOVED TO REMOVE ALL NAMES OF CANDIDATES FROM THE BALLOT WITH ONE VOTE OR LESS. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith , Harper, Clayton, Mann, Taylor. Nays: Council Member Williams. The Mayor declared the motion carried. Councilman Smith spoke in favor of Marten Lathrop as an individual who should be chosen as the representative from I • - • ( • • • • • • July 30, 1979 Page 7 District II. He also reiterated that he could not support Jack Martin because he was involved in civil disobedience during the last municipal general election. A short discussion followed between Mayor Taylor and Council~ Smith relating to Councilman Smith's participation in having campaign signs removed in District II during the past municipal election. Counci~ Harper stated that this discussion was ir-relevant. City Attorney Berardini stated that there was some ques- tion during the past election as to who was to enforce these pro- visions of the law and he also stated that a question arose at that time as to validity of the law because of federal litigation that was taking place. Mayor Taylor asked for a poll of the Council for the two candidates. .JACK MARTIN : Ayes: Council "-bera ll&rper, Taylor. Nays : Council "-Mrs Will i ... , Saith, Clayton, Mall . MARTEN LATHBOP: Ayes: Council "--bera Saith, Clayton, Mazm. Nays: Council "-hera Willi ... , Harper, Taylor . COUNCILMAN WILLIAMS K>VED TO ADJOURN. Mayor Taylor ·tated the meeting was adjourned. Councilman Smith· stated that this could not be done be- cause a vote was required on the motion to adjourn. A short discussion followed about the rule governing a motion to adjourn. Mayor Taylor asked for a vote on the motion to adjourn. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Harper, Clayton, Taylor . I • - • • July 30, 1979 Page 8 Nays: • • • Council Members Smith, Mann. Mayor Taylor adjourned the meeting at 8:20 p.m . • I . • - • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO August 6, 1979 ~b The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 6, 1979, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend Keith Merriman, Emmanuel United Methodist Church, 2700 South Downing. The Pledge of Allegiance was led by Mayor James L. Taylor. 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: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Community Development Wanush Deputy City Clerk Johannisson Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE RE- GULAR MEETING OF JULY 16, 1979, AS SUBMITTED. Councilman Mann sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * • I • ....... • • August 6, 1979 Page 2 • • • COUNCILMAN MAN N MOVED TO AP PRO VE THE MINUTES OF THE SPECIAL MEETING OF JUL Y 23 , 1979, AS SUBMI TTE D. Councilman Harper seconded the motion. Upon a call of t he roll , the vote resulted as follows : Ayes: Nays : Cou nci l Members Wi l liams, Smith, Harper, Cl a yton, Mann , Taylor . Non e . The Mayor dec lared the motion ca rri ed. * * * * * * COUNCILMAN WILLI AMS MOVED TO BRIN G FORWARD A PORTION OF AGENDA ITEMS UNDER COUNC IL ME MBER'S CHOICE . Councilman Clayton seconded the motion. Upon a cal l of the roll, the vote resulted as follows: Ayes : Nays : Counc il Members Williams, Smith, Harper, Clayt on, Mann, Taylor . Non e . The Mayor declared the motion car ried. COUNCILMAN WILLI AMS NOMINA TED OLI VER GISEBURT TO FILL THE VACANCY IN COUNCIL DI STRI CT II . Councilman Clayton seconded the nomination. A discussion ens ued relating to th e appointment and whether or not further cons ideration sho uld be given to the other people who have exp re s sed an interest i n the vacancy. It was noted that Mr. Giseburt stated in h is letter that even though he was interested in the vacancy, he wo uld not run for Council this fall. Upon a call o f th e roll, the vot e r esulted as follows: Ayes : Nays : Coun ci l Members Williams, Harper, Clayton, Taylor. Coun c il Members Smith, Mann. The Mayor decla red the motion carri ed and stated Oliver Giseburt had been appo i n ted to fill the interim term of Donald Weber. • I • - • • • • • • August 6, 1979 Page 3 City Attorney Berardini stated Mr. Giseburt would have to qualify and take his oath at the next regular Council meeting on August 20, 1979. * * * * * * RESOLUTION NO. 30 SERIES OF 1979 A RESOLUTION ORDERING A SPECIAL MUNICIPAL RECALL ELECTION TO BE HELD ON TUESDAY, SEPTEMBER 18, 1979. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 30, SERIES OF 1979. Councilman Clayton seconded the motion. Councilman Smith spoke against the resolution. Mr. Smith stated the resolution only sets a special election and that the City was getting "recall happy". Mr. Smith queried why Mr. Harper ran unopposed at the last election when people seem to be interested in his seat now. Mr. Smith stated he felt the special election was un- necessary and citizens could express their disagreements with their councilmen in other ways. Councilman Clayton stated he agreed with Councilman Smith, Mr. Clayton stated such action is an abuse of the provision of re-call. solution. Councilman Williams stated he strongly opposed the re- Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Taylor. Council Member Williams. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO RESUME TO THE ORIGINAL ADENDA. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor • None. • I • • - • • August 6, 1979 Page 4 • • • The Mayor declared the motion carried. * * * * * * Mr. Harry J. Atwell, attorney, and Mr. Robert Mcintyre, President of Old Town Liquors, 325 East Jefferson Avenue, were pre- sent. Mr. Atwell apologized for failing to attend the last regular Council meeting on July 16, 1979. Mr .• Atwell stated it was during the time of the water main break crisis and he had assumed Council would not met. Mayor Taylor accepted Mr. Atwell's apology. Mr. Atwell stated he was representing Mr. Robert Mcintyre of Old Town Liquors in a request for a retail liquor license due to a change in ownership. COUNCILMAN WILLIAMS MOVED TO APPROVE THE TRANSFER OF A LIQUOR LICENSE FROM OLD TOWN LIQUORS AT 325 EAST JEFFERSON AVENUE TO OLD TOWN LIQUORS, INC., DUE TO A CHANGE IN OWNERSHIP. Council- man Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: · Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carri ed. * * * * * * Mr. Edward L. Shearn, Jr., 3361 South Corona, was pre- sent. Mr. Shearn stated he recently purchas ed McGinty's Tig at 3370 South Acoma Street and requested Council's approval for a liquor license for his new business. Mr. Shearn stated the name of the establishment will change to Eddie's Off Broadway. COUNCILMAN MANN MOVED TO ALLOW THE CH ANGE OF OWNERSHIP FOR A LIQUOR LICENSE FROM EDWARD AND COLEEN MCGI NTY TO EDWARD L. SHEARN D/B/A EDDIE'S OFF BROADWAY. Councilman Williams seconded the motion. Councilman Smith asked Mr. Shearn if the issuance of the license was based upon the purchase. Mr. Shearn stated that it was. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Harper, Clayton, Mann , Taylor • • I • • - ( • • ' • August 6, 1979 Page 5 Nays: None. • • • The Mayor declared the motion carried. * * * * * * Mr. C. A. Brown, 2743 South Acoma Street, was present. Mr. Brown discussed some of the regulations in the building code and the circumstances evolving from some of the inspections that have made at the new shoppette in the 3900 block of South Broadway, Spruce Tree Shops. Mr. Brown stated Southworth Corporation con- tracted with Pennel Corporation to construct the building at the location. Representatives from both corporations presented their plans to the City, a building permit was issued to them and con- struction proceeded thereafter. Mr. Brown discussed the problems that arose during the construction when the structure underwent inspection by the City's Building Inspector and the steps the builder had to go through in order to comply with building re- gulations resulting in delays and loss of money. Mr. Brown also discussed the problem with installing the sign for his business. Mr. Brown stated he had discussed these problems with the City Manager and asked Council what could be done about them. Mr. Brown then answered various questions from Council relating to the problems he discussed; in particular, the instal- lation of the sign for his business. In response to Councilman Mann's question, City Manager McCown stated he had no knowledge of Mr. Brown's complaints. Mr. McCown offered to investigate the matter and prepare a report for the next Council meeting. Councilman Clayton requested that the report detail the problem with the sign situation. Councilman Smith requested that Mr. Brown attend the next regular Council meeting on August 20, 1979, to hear the re- yort • Councilman Clayton requested that Mr. Brown personally receive a copy of Mr. McCown's report as well. * * * * * * Mrs. Audrey Scott, 2926 South Galapago Street, was pre- sent. Mrs. Scott presented correspondence between herself and the City Manager on the subject of reimbursement of water line costs. The letters stated Mrs. Scott's refusal to reveal her income in order to receive reimbursement from the City on the basis that she I • ....... • • • August 6, 1979 Page 6 • • • felt it was discriminatory and an invasion of her privacy and the City Manager's reply that she must divulge her income in order to comply under the reimbursement gui delines . Mrs. Scott provided cop ies o f t hese letters to Council. * * * * * * Mayor Taylor asked if there were any other visitors wishing to heard at this time. No one responded. * * * * * * COUNCILMAN CLAYTON MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER A REQUEST FOR A BEER, WINE AND LIQUOR SPECIAL EVENTS PER- MIT FOR SOUTH SUBURBMl COMMUNITY ARTS SYMPHONY FOR AUGUST 25, 1979, IN CINDERELLA CITY BLUE MALL. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Wil l iams, Smith, Harper, Clayton , Mann, Taylor. None. The Mayor declared the motion carried . Deputy City Clerk Johannisson appeared before Council and was sworn in. Mr. Johannisson presented the subject file for the City and stated it was in order and complete. Ms. Elaine Good, representative from Community Arts Symphony, appeared before Council and was sworn in. Ms. Good requested Council's approval for the special events permit and distributed the calendar of events the organization has planned for the week of August 20 -25, 1979, in Englewood,climaxing with the Pops Concert for Saturday, August 25, 1979. Mayor Taylor asked if anyone else wished to speak in favor of the permit • Mr. Terry Schmidt, 6931 South Spotswood, Littleton, appeared before Council and was sworn in. Mr. Schmidt stated he has been chosen as Chairman of the program. Mr. Schmidt stated he believed it was proper to serve refreshments at the final event and the profits would go to the Symphony. Mayor Taylor asked if there was anyone else who would like to speak in favor of the permit . No one responded. Mayor Taylor asked if th ere was anyone who would like to speak against the permit. No one responded • I • • - • • • August 6, 1979 Page 7 • • • COUNCILMAN HARPER MOVED TO CLOSE THE PUBLIC HEARING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO GRANT THE SPECIAL EVENTS PERMIT TO THE SOUTH SUBURBAN COMMUNITY ARTS SYMPHONY FOR AUGUST 25, 1979, FROM 7:00 P.M. TO 12 MIDNIGHT IN THE CINDERELLA CITY BLUE MALL. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * "ColiiiiUnications -No Action Recommended" on the agenda were received: (a) Minutes of the Board of Adjustment and Appeals meetings of May 9, and June 13, 1979. (b) Minutes of the Planning and Zoning Commission meeting of June 19, 1979. (c) Minutes of the Housing Authority meeting of June 27, 1979. (d) Min~tes of the Denver Regional Council of Governments meeting of June 27, 1979 • (e) Minutes of the Public Library Board meeting of July 10, 1979. (f) (g) Minutes of the Animal Control Committee meet- Logs of July 23, and July 30, 1979. Minutes of the Englewood Downtown Development Authority meeting of July 25, 1979 • I • - 0 • • August 6, 1979 Page 8 (h) (i) • • • Memorandum from the Director of Libraries to the City Manager concerning her trip to the American Library Association Annual Conference in Dallas, Texas, June 23 -29, 1979. Memorandum from the Court Administrator to the Mayor and Members of Council concerning her trip to the National Association of Court Administration Conference held in Sarasota, Florida, July 9 -13, 1979. * * * * * * Mayor Taylor declared a recess at 8:43 p.m. The Council reconvened at 9:02 p.m. 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: None. The Mayor declared a quorum present. * * * * * * Director of Community Development Richard Wanush presented the 1979 Comprehensive Plan and discussed its preparation, content, and purpose. Mr. Eddie Tanguma, 1020 West Tufts Avenue, appeared before Council. Mr. Tanguma stated as Chairman of the Planning and Zoning Commission he wanted to personally thank those people to participated in the compilation of the 1979 Comprehensive Plan. Director Wanush requested Council to review the Plan and set up a study session with the Planning and Zoning Commission to discuss any questions they might have. Director Wanush stated the Plan would be adopted by resolution at a later date and should Coun- cil desire so, a public hearing could be held. COUNCILMAN SMITH MOVED TO SET UP A JOINT MEETING WITH THE PLANNING AND ZONING COMMISSION TO REVIEW THE COMPREHENSIVE PLAN AS SUBMITTED. Councilman Mann seconded the motion. Council discussed the timing involved in meeting with the Planning and Zoning Commission and decided to leave the ar-rangements up to staff. Upon a call of the roll, the vote resulted as follows: I • • - - (· t • August 6, 1979 Page 9 Ayes: Nays: • • • Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * Director of Community Development Wanush presented the Final Plat of the Centennial South Subdivision, Case #14-79. Di- rector Wanush stated the Planning and Zoning Commission held a public hearing on June 19, 1979 and approved the Final Plat on July 17, 1979. The plat was now being submitted to Council for final approval. Director Wanush discussed the plat's location, land division, its zoning, potential housing development, and required street dedications. Director Wanush stated the plat has received pertinent departmental approvals. Director Wanush stated the applicant was in attendance should Council have any questions. Councilman Clayton stated he understood that the plat was next to Centennial Park and he recalled problems wherein people have come back to Council after approving a land develop- ment complaining about things that happen around parks. Mr. Clayton suggested that some statement be included so that the owners and future occupants could read and understand that the situation exists. Mr. Clayton stated he could foresee complaints about the lights on the softball field and softballs. Councilman Smith stated Council was approving the plat of the land into building sites for which it was already zoned. Mr. Smith stated the developers should make an effort to be aware of any problems surrounding the area; and that it was not Council's job to regulate what was done only to see that the land was zoned and platted properly. Councilman Clayton asked if there were any objections to this plat at the Plannlng and Zoning Commission hearing. Coun- cilmen Smith and Williams who are members of the Commission in- dicated there were none. Director Wanush stated there were some concerns on the drainage and traffic and these were resolved by the Public Works Department. COUNCILMAN SMITH MOVED TO APPROVE THE PLAT IN CASE 114- 79. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: I • - • Au g ust 6, 1 979 Page 10 Ay e s : Nays : • • • Council Members Will i a ms , Smi th, Harper , Clayton, Mann, Taylo r . None. Th e Mayor d e clared the motion c ar r ied . * * * * * * Director of Community Developmen t Wan u s h presented a recommendation from the Planning and Zoni ng Co mmi ssion meeting of July 17, 1979, concerning the vacation of a right -of-way i n the 3200 block of South Clarkson Street. The Planni ng Commission re- commended that the excess right-of-way on t h e wes t side of the 3200 block South Clarkson Street be vacated, and that an ease- ment be retained t o provide access to utili t y serv ice lines. COUNCILMAN CLAYTON MOVED THAT AN ORDIN ANCE BE PREPARED BY THE CITY ATTORNEY FOR THE VACATION OF A RIGHT -OF-WAY ON THE WEST SIDE OF THE 3200 BLOCK OF SOUTH CLARKS ON STREET AS DESCRIB- ED IN THE REQUEST FROM TH E CITY'S PLANNING AND ZONING COMMISSION. Councilman Mann s e cond e d the motion. Upon a c all of the roll, the vote resulted as fo llows: Ay e s : Nays: Coun c il Members Will iams, Sm ith, Harper, Clay ton, Mann, Taylor. Non e . The Mayor d ec lared the motion car ried . * * * * * * City Manager McCown presented a letter f rom the Execu- tive Director o f th e Downtown Development Authority concerning the Authority's budge t. James T. Ke l le r, II, Director o f the Do wntown Develop- ment Author i ty was present, appeared before Council , and answered various quest i ons pose d by Counc i l relating to the budget. COUNCILMAN MANN MOVED TO ACCEPT THE BU DGET FOR THE DOWN- TOWN DEVELOPMENT AUTHOR I TY AND TO ACCEPT TH E EMPL OYMENT OF JAMES T. KELLER, II, AS THE EX ECUTIVE DIRECTOR FOR THE DOWNTOWN DEVELOP- MENT AUTHORITY. Counc ilman Smith seconded th e motion. Council discus s e d whether or not th ey s hould approve the employment contract for the position o f Di r e c tor of the Engle- wood Downtown Developm e nt Authority. Coun c i l ma n Mann thought Coun- cil needed only to accept the appointment of Mr . Keller because I • - • • t • August 6, 1979 Page 11 • • • the Authority had already accepted the contract and conditions under which Mr. Keller will work. A short discussion ensued relating to the Authority's power to employ an executive director, write the contract, and function under a budget without Council's approval. City Attorney Berardini stated Council could approve the compensation for Mr. Keller and the budget for the Authority but could not affect the right of the Authority to write an em- ployment contract for an executive director. Upon a call of the roll, the vote on Councilman Mann's motion to approve the Downtown Development Authority's budget and the employment of Mr. Keller resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. ORDINANCE NO. 29 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 31 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO THE AGE AND RESIDENCY REQUIREMENT OF MEMBERS OF THE CITY COUNCIL. COUNCILMAN HARPER. MOVED TO PASS COUNCIL BILL NO. 3 I. SEillES OF 1979 ON FINAL READING.. Councilman Smith seconded the motion . Councilman Williams expressed his reasons why he thought the ordinance was contradictory on the terms which qualify a per- son to be a qualified elector and those which qualify a person to be eligible to be a council member. City Attorney Berardini stated the requirements make it more stringent to become a council member rather than just meeting the requirement of being a qualified elector. Mr. Berardini noted that the proposed requirement is not as strict as it is presently contained in the Charter. • - • I • • - • August 6, 1979 Page 12 • • • Councilman Williams stated the candidate not only has to be a qualified elector but also a resident of the City of 12 months to be on the Council. If the candid ate has to be a quali- fied elector (a resident of the precinct for 32 days), why not a candidate for Council after 32 days. Councilman Smith noted that a possible candidate could be a resident of the City for one year and not have lived in his precinct for 32 days thereby disqualifying a person to run for Council. conment. City Attorney Berardini agreed with Councilman Smith's Councilman Williams stated he und e rstood that the ordi- nance was qualifying a person to be a council member. Upon a call of the roll, the vote on Councilman Harper's motion to pass Council Bill No. 31 on final reading, resulted as follows: Ayes : Nays: Council Members Smith, Harper, Clayton, Mann, Taylor. Council Member Williams . The Mayor declared the motion carri ed . ORDINANCE NO. 30 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 32 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHAR TER OF THE CITY OF ENGLEWOOD REMOVING THE REQUIREMENT THAT A MEMBER OF CITY COUNCIL BE ON THE LIBRARY BOARD. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 32, SERIES OF 1979 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor • • I • - ( • August 6, 1979 Page 13 Nays : None. • • • The Mayor declared the motion carried. ORDINANCE NO. 31 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 33 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS: THAT MEMBERS OF CITY COUNCIL ALSO BE MEMBERS OF THE PLANNING AND ZONING COMMISSION -- THAT MEMBERS OF THE PLANNING AND ZONING COMMISSION BE TAX-PAYING ELECTORS. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 33, SERIES OF 1979 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979----- * * * * * * BY AUTHORITY COUNCIL BILL NO. 34 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS: THAT MEMBERS OF THE BOARD OF ADJUSTMENT AND APPEALS BE TAX-PAYING ELECTORS. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 34, SERIES OF 1979 ON FINAL READING. Councilman Harper seconded the motion. City Attorney Berardini answered questions posed by Councilman Mann concerning the removal of the requirement that I . • - • • • August 6, 1979 Page 14 • • • members of the board be tax-paying electors. Mr. Berardini de- fined tax-paying elector and affirmed Mr. Mann's statement that people who rent property could be appointed to the Board of Ad-justment and Appeals. Councilman Clayton spoke against the bill because he thought people appointed to the Board shoul d h ave a real estate interest in the community. Councilman Williams spoke against the bill because he felt it was contradictory when the term "qualified electors" was used. COUNCILMAN MANN MOVED TO POSTPONE THE BILL UNTIL THE NEXT COUNCIL MEETING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Williams, Clayton, Mann, Taylor. Council Members Smith, Harper. The Mayor declared the motion carried. ORDINANCE NO. 32 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 35 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REQUIRING MEMBERS TO BE QUALIFIED ELECTORS AND RESI- DENTS OF THE CITY AT LEAST ONE YEAR PRIOR TO DATE OF THEIR APPOINT- MENT; AND REMOVING THE FOLLOWING REQUIREMENT : THAT THE MAYOR AND TWO COUNCILMEN BE MEMBERS OF THE WATER AND SEWER BOARD • COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 35, SERIES OF 1979 ON FINAL READING. Councilman Harper seconded the motion. Councilman Clayton spoke against the bill on basis that the Board's decisions are too important to be without members of Council on it. Mr. Clayton stated there should be Council members on the Board to act as a liaison with Council. ' I . - • • August 6, 1979 Page 15 • • • Mayor Taylor stated the Water Board was not a policy- making board only advisory and the final decisions were made by the Council anyway. Councilman Harper stated the Council has the option to appoint a Council member to the Board if it so desires. Councilman Clayton reiterated his concerns that a Council member remain on the Board. Councilman Williams stated the bill reflects the same contradictions in requiring the member to be a quali- fied elector but yet a resident of the City for one year as he had pointed out before. Upon a call of the roll, the vote on Councilman Smith's motion to pass Council Bill No. 35 on final reading, resulted as follows: Ayes: Nays: Council Members Smith, Harper, Mann , Taylor. Council Members Williams, Clayton. The Mayor declared the motion carried. ORDINANCE NO. 33 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 36 ~·l'RODUCED :y COUNCILMAN CLAYTON AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EM- PLOYEES ASSOCIATION, EFFECTIVE JANUARY 1, 1980 THROUGH DECEMBER 31, 1981; APPROVING A MODIFICATION OF THE WAGE PROVISIONS CONTAINED IN THE COLLECTIVE BARGAINING .AGREEMENT DATED SEPTEMBER 8, 1978. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 36 , SERIES OF 1979 ON FINAL READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. I . - • • • August 6, 1979 Page 16 • • • The Mayor declared the motion carried. ORDINANCE NO. 34 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 37 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD FIRE- FIGHTERS ASSOCIATION, EFFECTIVE JANUARY 1, 1980 THROUGH DECEMBER 31, 1981; APPROVING A MODIFICATION OF THE WGE PROVISIONS CONTAINED IN THE COLLECTIVE BARGAINING AGREEMENT DATED JULY 8, 1975. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 37, SERIES OF 1979 ON FINAL READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. ORDINANCE NO. 35 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 38 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD POLICE BENEFIT ASSOCIATION, EFFECTIVE JANUARY 1, 1980 THROUGH DECEMBER 31, 1981, APPROVING A MODIFICATION OF THE WAGE PROVISIONS AND THE COLLEGE INCENTIVE PROGRAM CONTAINED IN THE 1976 MEMORANDUM OF UNDER-STANDING. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 38, SERIES OF 1979 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams, Smith, Harper, Clayton, Mann, Taylor • • I . - . - c • August 6, 1979 Page 17 Nays: None • • • • The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 39 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO, DEPARTMENT OF HIGHWAYS, CONCERNING MAINTENANCE OF TRAFFIC CONTROL DEVICES ON STATE HIGHWAYS WITHIN THE CITY OF ENGLEWOOD. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 39, SERIES OF 1979 ON FIRST READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. RESOLUTION NO. SERIES OF 1979 * * * * * * A RESOLUTION APPROVING THE APPLICATION OF COLORADO PIZZA COR- PORATION, DOING BUSINESS AS MR. GATTI'S, FOR A RETAIL 3.2~ BE- VERAGE LICENSE FOR CONSUMPTION ON THE PREMISES TO BE LOCATED AT 225 EAST JEFFERSON AVENUE, ENGLEWOOD, COLORADO. Councilman Smith asked if the background material on the executors of the estate of one of the stockholders had been submitted yet. City Attorney Berardini stated that the information had not been received. COUNCILMAN SMITH MOVED TO POSTPONE THE RESOLUTION UNTIL THE NEXT REGULAR COUNCIL MEETING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: t • I . • - • August 6, 1979 Page 18 Ayes: Nays: • • • Council Members Smith, Clayton, Taylor. Council Members Williams, Harper, Mann. The Mayor declared the motion defeated. * * * * * * COUNCILMAN MANN !«>VED TO PASS THE RESOLUTION UNDER THE CONDITION THAT THE CITY STAFF RECEIVES THE INFORMATION REFERRED TO BY COUNCILMAN SMITH AND PRESENTS THE INFORMATION BEFORE COUN- CIL IN A STUDY SESSION TO SEE IF IT IS PERTINENT TOWARDS THE RE- SOLUTION AND IF IT IS IN THE NEGATIVE FORM THEN IT CAN BE RECON- SIDERED AND THE RESOLUTION CAN BE BROUGHT BACK BEFORE COUNCIL. Councilman Williams seconded the motion. Councilman Williams stated he could not understand the importance of getting information on the estate of one of the stockholders, John Mercherson. The estate is worth several mil- lion dollars. Councilman Smith stated the applicant is required by state law to provide background information on all people who will hold the liquor license. City Attorney Berardini stated Council had time to wait until the next regular Council meeting, August 20, 1979, to take action on the resolution and wait for the information to be sub- mitted. Councilman Mann withdrew his motion. Councilman Williams withdrew the second to the motion after stating he disagreed that information on the executors needed to be submitted. Upon a call of the roll, the vote on Councilman Smith's motion to postpone consideration of the resolution until the next regular Council meeting resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. RESOLUTION NO. 31 SERIES OF 1979 * * * * * * I • - ( • • August 6, 1979 Page 19 • • • A RESOLUTION APPROVING THE APPLICATION OF JACK FIELD, INC. FOR A HOTEL AND RESTAURANT LICENSE TO BE LOCATED AT 701 WEST HAMPDEN AVENUE IN CINDERELLA CITY, ENGLEWOOD, COLORADO. OOUNCILHAN WILLIAMS MOVED TO PASS RESOLUTION NO. 31, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * OOUNCILHAN CLAYTON MOVED TO PASS THE PROCLAMATION DECLAR- ING LEO LENTSCH AS INTERNATIONAL PRESIDENT OF THE FRATERNAL ORDER OF EAGLES FOR THE NATIONAL CONVENTION IN KANSAS CITY, MISSOURI, IN AUGUST, 1979. Councilman Mann seconded the motion. Councilman Clayton stated he had attended the conven- tion and presented the proclamation to Hr. Lentsch. Councilman Clayton spoke of the contributions that are made by the fraternity order. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. Mayor Taylor stated it was a great honor for the City of Englewood to have one of its businessmen bestowed with the office of International President and to have Councilman Clayton take his own time to go to Kansas City to present Hr. Lentsch with the pro-clamation. MAYOR TAYLOR MOVED THAT THE CITY REIMBURSE COUNCILMAN CLAYTON $104 FOR HIS PLANE FARE TO KANSAS CITY AND BACK FOR THE NATIONAL-INTERNATIONAL EAGLES CONVENTION. Councilman Williams seconded the motion. Councilman Harper stated in his opinion this was not City business; and it was a very poor policy for the City even though he had nothing against Councilman Clayton and Mr. Lentsch • • • I . • - • • August 6, 1979 Page 20 • • • Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Council Members Williams, Smith, Mann, Taylor. Nays: Council Member Harper. Abstain: Council Member Ciayton. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Community Development concerning an out-of-state trip for the Assistant Director of Community Development - Housing to Dismark, North Dakota. Hr. McCown stated funds have been budgeted but approval is required because the trip will be out-of-state. COUNCILMAN CLAYTON MOVED TO GRANT THE REQUEST FOR THE OUT-OF-STATE TRIP. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown distributed the agenda for the next Downtown Development Authority meeting, Wednesday, August 8, 1979, at 12 o'clock noon, to be held in their office. * * * * * * City Manager McCown stated in regards to the appearance of Hr. C. A. Brown earlier in the meeting. Hr. McCown stated in order to clarify any confusion, Hr. Curnes informed him that he was the one with whom Hr. Brown had had conversations. Hr. Brown may have been confused in thinking that he had talked to him rather than Hr. Curnes. * * * * * * Councilman Smith asked when discussions would take place regarding cable television. • I • - ( • • • August 6 , 1979 Page 21 • • • City Manager McCown stated sometime during the first week of September, Council would be meeting with a representative of the national cable firm to review the ordinances, the requested amend- ments, and comment on the plan at that time. * * * * * * Mayor Taylor announced there would be a public hearing next Monday night, August 13, 1979. * * * * * * Mayor Taylor adjourned the meeting without a vote at 10 :30 p.m • • I • • - ( ( • • ( • SPECIAL MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO August 13, 1979 2 c ~ The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on August 13, 1979, at 7:00 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Councilman David Clayton. The Pledge of Allegiance was led by Mayor James L. Taylor. 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: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown City Attorney Berardini Director of Community Development Wanush Director of Finance/ex officio City Clerk-Treasurer James Deputy City Clerk Watkins * * * * * * COUNCILMAN MANN MOVED TO OPEN THE PUBLIC HEARING TO CON- SIDER AMENDMENTS TO THE ZONING ORDINANCE AND SIGN CODE TO ALLOW POLITICAL SIGNS IN CERTAIN RESIDENTIAL DISTRICTS. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. • • I • - • August 13, 1979 Page 2 • • • Director of Community Development Richard Wanush ap- peared before Council. Director Wanush stated this public hear- ing was called as a result of a recommendation from the Planning and Zoning Commission following their public hearing on June 19, 1979. The recommendation relates to amending the Comprehensive Zoning Ordinance and the section dealing with the sign code. The amendment adds a Section ll to a list of permitted signs in 22.7- 7 (a) low density residential districts and permits the placement of political signs on a lot in residential districts. Director Wanush discussed the restrictions on the number, size, placement, illumination and animation of these signs. Director Wanush stated the Planning and Zoning Commis- sion's recommendation and analysis resulted from a recommendation of the Election Commission. On February 15, 1979, Commission Mem- ber and Director of Finance William D. James sent a memo to the Assistant City Manager stating that the Election Commission had developed certain guidelines for the installation of political signs and recommended that the related ordinances be changed. Mr. James asked that the Department of Community Development and the Planning Commission analyze the Election Commission's recommenda- tion and act accordingly. Director Wanush answered various questions posed by Council relating to defining terms and how he would interpret certain terms applicable to the ordinance, prohibiting the place- ment of signs on utility poles, the restricted timing and im- posed penalty on the erection and removal of political signs. Councilman Smith asked for comments from the Election Commission concerning the time limitations. William D. James, Election Commission member and Director of Finance, appeared before Council. Mr. James stated the Commis- sion wanted reasonable times to have campaign signs up. Mr. James stated the Commission finds the ordinance being considered at this hearing acceptable. Mayor Taylor asked if anyone else wished to speak in favor of the ordinance. No one responded. Mayor Taylor asked if anyone wanted to speak against the ordinance. No one responded. COUNCILMAN MANN !«>VED TO CLOSE THE PUBLIC HEARING. Coun- cilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor • • I • - - ( ( I • • • • • • August 13, 1979 Page 3 Nays: None. The Mayor declared the motion carried. * * * * * * City Manager McCown requested Council's confirmation to set up a meet.ing with the Planning and Zoning Co111Dission, Thursday, August 16, 1979, to review the Comprehensive Plan. Council agreed to have a dinner meeting at 5:30 p.m. Councilman Mann requested that Mr. McCown notify the members of the Downtown Development Authority of this meeting. * * * * * * City Manager McCown requested that Council discuss the sever plant and its needed expansion at the next study session. * * * * * * Mayor Taylor noted there vas information contained in Council's packet from the City Attorney concerning a liquor hear-ing authority. City Attorney Berardini stated once Council has had time to review the information, he would discuss the possibility of pre- paring an ordinance creating such an authority. * * * * * * 7:25 p.m • Mayor Taylor adjourned the meeting without a vote at I • • - - • • • ., . . • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE August 20. 1979 AGENDA ITEM Visitors SUBJE'CT -Application to Expand. Enlarge or Modify Liquor License Premise &lass Bottle Liquors -336 W. Hampden Ave. INITIATED BY _____ C_ft~y __ Cl_e_"---------------------------------------- ACTION PROPOSED Approve Application Ronald Pamess. CM~er of &lass Bottle Liquors. is tearing down the building ~ich currently houses his retail liquor store and replacing it with a new shoppette at 336 W. Hampden. Part of the new structure will contain space for his business. • • • - • • J SUGGESTED ACTION: • ~VED BY ____________________ _ I . SECOND·---------------------l YES, ____ ---JNO ______ ~ABSENT • - • • • • STATE OF COLORADO Dlpw lliiMt of Rewnue LIQUOR ENFORCEIENT DIYIIION 11JS SHERMAN ITRIET DENVER. COLORADO.,., IIEQUEIT TO EXPAID. EILARGE OR MODIFY PREMISES 0 3.2%BEER ~ LIQUOR License No. II-6S"~c ~ The undet s9l8d ret.ill._ request~ pennillion to ex~. ent.ge, or modify the premises at which he is licens- ed to do busi,.. or the plans and IPKifications originally .,bmittld at the time of obtaining the original license. in line widl Colorado Uquor Code Reg. No. 47-108.2. or Colorldo Beer Code Reg. No . 46-106.3. NMne of Ret.il u--: ·1fen(A {.,( ·fl-: NLa£1' Address or lA1Iel Oiscription of l'lwmi-at which liGented to do busine. (include city or town. zip code and county): 3 3 k W H11.., tt#b< Av£ -E~<tf 1z .> • a" /lt('AKAbt: Specific:atlont. in -detlil, of the planned expansion. en~art~tMnt or modification of the limnled pre~ 01' pre~ tot. lialnlld: __ .:::.f::..ot~"l:..a~q......ti&<w....c.!./~/~61!..-'0r--Z~D:.J.c::.· ,.,._..t.W~U.•..f:!d'.~<L-- Date of the l)rOIJCII8d elcpansion. ·enlarglment Or modification of licenled piWmilts to'-licenled: __ .. o~,[,.Z-t;,.._""''~ca.-...L'.!.1..cz:;..L5 ______________ _ Sipd: L..._,./~~ r--(L-1 APPROVAL OF LOCAL LICENSING AUTHORITY : The foregoing application for pennislian to expand. enlarge or modify the I)Ntlli•s liatnled or pi-and specifications, has been eum· •ned. and if granted, will not t. cantrarv to the prowisians of the Colorado Liquor or a... Code and Rules and R8QUe.tions . Therefore, the f0fe9C)ing applatian is hereby ~P~Jrowd . Dated At -....,...-....,.. ....... -~-~--=~----this ----day of----------11 --. (N..,. ofT-. City or C..MYI APPROVAL OF DEPARTMENT OF REVENUE : The for.eoong applatian for........,.. to expand. enlarge or modify the IJIWI!Iiln liGiflled or to modify the oriti...e Pe.ns and IIHIC•f · Qtions tubmintd has t.en eUIIIined," ttw ....,.._ expMiian, "'..,..._.or modificetian. • ...Ofied above, is lwf89\' granted . O.tl!d AI --~~-:--~ .. ~T~-=.-::CitY~•=c-w=~,:------this----dey of----------11--. • STATE LICENSING AUTHORITY By I • • - • • - • '· ··.;-: 4.\.. • •• / • ~ .... ~-fr .'~. -_~: ":. :.' •• t.. "'1-~. ..... l .. • •• ~· '· ~ t, . : ,;· ... ,.. ' . ,_; '. '· ·.·.· ~· ... ,,oi l . . .. I j ' '• j I '· ... . . /·. .J • •. F-· • I • • •• .·i \ • • - • • .Sq;, ~ X.-•. <c:: I . I r I I "' "" ~ c ~ ..... ~ -~ ~ I ~ ~ 'i' i "t <0 i ~ ' I ~ 't'--.. I "'· ~ I .1:! ~· I "" I " ' ~ I 1-; ~ ~ I ,';) ! I~ i ~ I )> 1'-~ )'.. I I j ,. ~I _J:0 ' I I ' "' ~ I r. ~ I I ~. ' I I I • • - - • • • PRESENT: ABSENT : OlliERS PRESENI' : • • • MlNlfl'ES !30/iR.D OJ? C.AREER SERVICE C<.»1MJ ~.SIONEHS 6 A Thur·sday , JW1e 28 , 1979 Judith Henning, Edward White, liilliam Hanson , Jo Ellen 'furner, Robert r~~.illtiaf None Hugh Br-o;.n , Admini s trative Assistant ;; 'I * * It * Co!llTJissioner 'furner called the meeting to order (Comnissioner Henning was etained) and called for approval of the Minutes of May 17, 1979. CO!!tnis sicmer Hanson moved an'J Cormussioner White s econded approval of the Minlites. AYES: T..II'fler, White, Hanson, Brunaage NAYES: Ncne It It It * * * I ten: 3 on the Ageroa. was the Elrployee Association's Choice . No representa t 1 ve was present . * * * * * * Item 4 on the Agenda was the City Manager• s Choice. Hugh Brown gp.ve an updat e to the Board regp.rding pending Negotiations with the E.E.A., Fire and Police Associations. It It * It It It Item :; oo the Agenda was the flt;>loyee He LLlons Director's Cho ice. Hugh Brown notified the Board that the appeals regp.rding the Benchnark classification would be heard in the near future, pending the JW1 3Cl deadline . It It It * It * Item 6 on the Agenda -.:as the Corrmissioner' s Choice . There was nothing to report. * * * * * * Item 7 was the De-claration of Vacancies . Commissioner Turner reviewed the list. Cormilssioner Hanson ITOVE:d and Conm1ssioner Brundage secor1<kJ that the vacancies be declared a s listed. Item 8 ur: m:•t i oraed, n·ad c~ AYES: '.l'urneP, White, Hanson, Brum.l~:~ee NI\Y ,.., : t.lone the Agenda was the seconded t .y Co1flTI.i:3 attached). * * * * * * Approval of the EUgibil j ty Lists . Conmissioner Brundage i o.1er Whi te , t!-.at the elit:;ibility ll..Jt:.; be approved as 1\Y. : 'l urner, White, llans on, Brundac;e NAYES: None * * It I' * * Lem 9 was the Acceptanct: or f'~l ·.JOr."lel Actions. COlllii.L::.sion er Han5on moticned, seconded by COIIITlissioner White, tc• approve the Persorntl Actions . P.YES : :-ie:rrd.ng, Turner, White, Han son , Brundage NAYF.S: Ncn~ .; * * * * lt Upon m::t iun by C~ssioner Brundage , ~ecanded by Commissioner Hanson, Commissioner Hennint; adj<'w•ned tlx> :reetin.e;. AYES: tie nnif1.g, Turner, White, Hansen, Brundage Non e ll * * * * it I • - • • • • DECLARATION OF VACANCIES : Approved on June 2g , 19?,9 Parks and Re creation: Equipment Operator I --Golf Course; A; 1 posit jon IV"a:f_'1teilanceworktr; 2A; 1 pos·l t i on Po llee: Emergency C.QJ1JTJI.I!.icator; 4A; 1 position Public Works: Water Plant Cperator; 6A; 1 position Water Plant Apprentice Operator; 5A ; 1 po sition Wastewate2 Treatmen t Plant : ELIGIDJLlTY LIS'JS: Finance: Librcry: Police: Public Works: Electro/Mecl1aJ'lical Technician; 6A; 1 posjtion Wastewater Operator Trainee; 2A ; 1 position Junior Accountant Clerical Technician Law Enforcement Aide Clerk 'P.YPJ ~;t Equip-rent Operator IT-Streets Maintenanceworker-Streets Mechanic's Helper Chief Water Plant Operator Water Plant Operator Water Plant Apprentice Operator "''cdntenanceworker Wast~wat<?r 'l'i eatlll':nt Plant : Ch5ef Operator ~char:ic 's Helper I • 1:1 ~---- - NEW PROBATIONARY EMPLOYEES Allen , l)janr.1. At chison, Ronald B. Barr>on, Frank C. Finch , Reynolds Pa t chin Fri etag, Melody J. Ho lmes, Lelle M. Irwin, Debra Kaye J aksoniak, Larry L. Krohlow, Kenton J.avccty, Debm Or t ega , Robert He 11', 1"\ono.l<..l Howare Riley , Mitchell L. Skrivar:, Rober':& Steinberg, Roger K. Stier'l~al t , Andrew ? . • =::tc..r,e , Russe ll 11.rru.an , Leslie Allan '/igil, Jose I. Wh ite, Joan Marie williams, Kar-en • • • ffiRSONNEL ACTIONS f.J J WO Vcd on J nc 2U , 1919 J:iucr;~cncy Comuw 1 i C;.tLu l'; !JA ElTecllvc 'j/"2.3/'(9 Probationary Firefighte r; Effective 6/13/79 Maintenan ceworker--S~rccL s ; 2A Effective 6/20/79 Probationary Firefighter; Effective 5/25/79 Junior Accountant; 5A Effective 6/18/79 Clerical Technicj an, Library; lA Effective 6/11/79 Law Enforcenent Aide-Police; 3A Effective 5/23/79 Mechanic Helper, Public Works; 3A Effective 5/29/79 Operator Trainee-Wastewater Treatmen t f'lan1-; 211 Effective 6/4/79 Clcrk/'lYpl:;L--I'uJ >ll..: Wor•k:.;; 111 Effective 6/7/79 Equipnent Operator -Wastewater Treatment Pl; A Effective 6/20/79 Probationary l•'il·,~flghLer·; Effective 5/25/79 Maintenanceworker-Utilities; 2A Effective 6/18/79 PL'rcha.sing Clerk-Finance; lA Effective 6/11/79 Probationary Firefighter·; Effective 5/21/79 Maintenanceworker-Utilities; 2A Effective 6/25/79 Probationary Police Officer , 4th; r:rrc cti.ve: 6/1/79 Mecham c 's Helper~\~astewater 'l'reatment Pl ; 3A Effective 7/l/79 Maintenanceworker-Utilities; 2A Effective 6/25/79 Law Enforcement Aide-Police; 3A Effective 5/11/79 Violations 3ureau Clerk--Municipal Ct.; lA Effective 6/12/79 vln I • • - - • l ERSO NEL 1\Cl'lON (con 1 t . ) RESI GNATIONS Al len , Myrick w., Jr. 13erg, Da vld W. Clas, Phy:lis Paula furan, Gilbert E. Jr. Frank, Karen Johnson , Kenneth L. Martinez, Richard Mullinax , Vicki L. sanders, Jean M. Shevlin, Mic.hael Winkler, Kristyn A. DISMISSALS Mc Donald, Wlley Jr. RE'l'IIID-lENT McCarty , Del D. Mc Farland, Robert D. Wil on , Fr e<i Ja-nes · ssidy , 'tic!'lae l J ohn ur..:n inger , l•'ichae 1 A. "' . on , !::t ey e 1-1 . 0 1 t een, Roy H. • • • • Leadworker, Public Works; 5B Effective 5/17/79 Pollee Ol'flccr; 1Jt.h Cla:.>:.;; Effective G/H/{9 Int . Clerk Typist-Wastewater 'I'reatrrent Pl. ; lli Effective 5/18/79 Equipment Operator-Wastewater Treaterrent Pl ; 4A Effective 6/ll/79 Emergency Communicator; 4c Effective 6/23/79 Emergency Communicator; 4A Effective 5/14/79 Maintenanceworker--\~astewate r Treatment Pl; 2A Effective 6/13/79 Law Enforcement Aide; 3A Effective 6/14/79 Int. Clerk/TYPist; lC Effective 6/29/79 Maintenanceworker-Parks; 2B Effective 6/B/79 Violations Bureau Clerk-Municipal Court; lA Effective 5/lB/79 JVk ,chanic 1 s Helper-Wastewater 'I'reatmcnt Fl; 311 Effective 5/9/?9 Battalion Chief-Fire; Effective 6/l/79 Gaptain-Fire; Effective 5/16/79 Maintenanceworker-Utilities; 2E Effec~ive 5/15/?9 iJ.O .E. to Lieutenant; Fire; Effective 6/1179 Maintenanceworker to Mechanic's Helper; WW'l'P; 31\ Effective 6/16/79 Fil'efighter 3rd to D.O. E.; Fire; .::rrective 6/l/79 Lieutenant to Captain; Fire ; P.ff<..'C U vc '>llG/f9 Fir€fighter 3rd D.O.E; Fire; Effect.iv 5/16/79 D. O.E . to Li . :,c>'VlJ'"·t;; F'lre; E."'"' • I • • - - • • ?Ef • lJ £L AC'l'l (cont 'd ) 'cont 'd) Ward, Loren D. Woodard , Kenneth B. PROBATIONARY 'ro PEFlMANEm' WITH INCREASE Cheuvront, James D. Peterson , Leilani Shevlin, Mic hael A. Winstanley , Arthur ANNIVERSARY INCREASE Brandsma, Gregory P. Cwmlirlf"..S , Ronal d L. Galasso , Kenneth W. llouston , David B. Iaufert, Corinne Pittman, Gary A. . ,IJ Leo ra, .Sheryl L . WLLr'lllaw , /lrnoJd A. Zwib ecker , Benj amln • • • Lieutenant to ll."'ttalj on Chief ; Fjre ; Effective G/l/79 Plant Operator to Chief Operator; WWTP; 7A Effective 5/16/79 Mechanic's Helper; W\ffl ; 3B Effective 6/1179 Inter . Clerl-: Typist; Police; lB Effective 5/8/79 Maintenanceworker--Parks and Re creation ; 2 Effective 5/1179 Apprentice Oerator--Wastewater Treatment Pl; 5B Effective 7/16/79 Officer 2nd Class; Police ; Effective 6/16/79 Chief Mechani c-·-h'Wl'P ; 7C Et'fccllve 6/lG/'{9 Police Officer 2nd Class; Effective 6/16/79 Police Officer 2nd Glass ; Effective 6/16/79 Library Aide; ?E Effective 6/16/79 Chief Code Enfor-ceme nt Officer--C.D.; lOC Effective 6/16/'/9 Po'-~-"e Officer· ?11<1 Cla~~.; Effective 6/16/'{9 Police Of'flceJ• ?rx1 C]::t!;:J ; Effective 6/16/'79 Inspection TroublesilOO ter--Utilities ; 2C Ef f ective 7/l/79 I • • - I ' • • • PRESENI': ABSfNI': <JlliERS PRESFNI': • • • MINIJI'ES 6 A-4 Thursday, July 19, 1979 Judith Henning, &iwa.rd White, William Hanson, Jo Ellen '1\tme r, lk>bert BrtJndage Nor.e Mel BeVirt, Blployee Relations Director and Hugh Brolm, Administr~tive Acsistant •••••••• O:mnissioner Henning called the meeting to order and called for approval of the Minutes of June 28, 1979. Ccmnissioner Hanson rooved and Ccmnissione r Turner SOCOO<k'<i approval of the Minutes. AYES: Henning, White, Hanson , '1\tmer, Brundage NAYES : None It~ :l on the ~rnda was the atployec Association 1s 010i cc . No represent ative was present. • ••••••• ItEIIl 4 on the Agenda was the City Manager's OlOice. Hugh Brov.n had nothing to report. • ••••••• ltEIIl 5 on the Agenda was the Blployee Relations DH-.:ctor's Choice. BeVirt had oothing to n'port. Mel • • • • • • • • ltEIIl 6 on the Agenda was the Qmnissioner's OlOice. Mel BeVirt rmc'<· the following reca:mendations to the Board: "A.c; provided un~er ~~1 of the almicipal Code entitled 'Classification Plan', a survey of job duties and responsibilities of each classified noo-auergeocy position of the City bas been l!fodc under !:he Bencbm.rk Classification plan and each position bas been assigned to a job class which reflects the duties and I't'sponsibilities of that class . The attll(:hed list of classes is supported by written specifications setting fc1 ·th the duties and responsibilities of each class and has been factor ranked according to the Benctmark classificat-ion plan. I therefore recanncnd the &lard approve and accept the Benclwnark classification of all non-emergency positions of the City of Englewood and that the Benctwnark Classification plan shall becane the official classification plan of the City and shall replacc: the current classification plan now being used." • I • • - • IE'OiMARK ClASSIFICATICfi LTC (Labor, Trades and Crafts) BulldJ.nr; Ma .int cnance Worke r c i t..v : ;CI'V ;.;.,, ; W< ll'li< 'I' I • • • W. of C;u ·<.~'l ' .S...·a ·v an· L<mu . Minut e~-; July 19, 1979 Page '1\<o ' CiL.~ ;~I 'V .ic~.:;; Wu l'll<.:l ' 11--I J'I 'it•;:tLi.<>J I , l':ll'li;:, :a.I 'C'd.;;, 'I'I':JI'I'k , llt.i I i t.i<-.: City Service~ Worker III --ULilities City Servi ces Worke r IV City Servi c es Worke r V IJ i L<:li l lidc J· ~lc e L1'011lc /r"k:dwd.ca.J. 'l'edul<..:.L..ut I •J jllij~IK'IIL !lp. I l::tjU l j ~I <:II L ()p. ti --:~t.J •t:e L ;;, WWI'I ' Equipment Operator III Irr)gation Technician fl':echanic 's Helper-WWTP, Servicenter Meter Re pair 'J'echnicain flant Operator-Wat.er Senior Suri"f·y Driver Traffic s~ Technician CCM .T (C:erical/Techllician) Accounts Technicjan-central Cashiering, Custarer Service ~.strati ve Technj clan-InsurancE· Animal War-den Bookllobile Driver Chief Storekeeper CJer ical Supervisor Cl e rical Technician-Building, Parks, Police, Servicenter Clerk Typist I Clerk Typist II-Fire, Parks Cust~:r Service Repl'f,sentat.ive Engineering Aide I Library Aide Library Technical A~sistant Of'fset-D.Jplicating Machine ~rator Oper ·ator Heceptionis t Pt.rchasing Clerk Sec rE tary-Build ~ng, Colll'uunity I:eveloprent, Parks and Recreation, Utilit i e s Ut iJi~cs Service Clerk FA 'I· ( Adninistrat i ve/Professiaoal /Technological) Assoc i. ·.te Housing Coordinator As soc iate Planne r Building Inspector Buye r/Super visor Chief Lc:boratory Analyst-WrP C ~.v11 r'ngineer Cr)rre Laboratory Specialist Code Enforcerrent Officer Deputy Treasurer/Bluer Electrlcal Inspector Engineering Aide II Engineering Inspectors Golf Course Grounds Supervisor Junior Accountant Lab 'l'E..!ITlician-WWTP • I • • • • • !IJ ·:NUI!.IIIIcK CJ~li"ICII'I'I(~ (..:oul'd.) I'II'J' ( <.:01'1' t.. ) Llbr•ar lan 1 Librarian II • • • Plunt>ing and Mech.'lnical Inspector Prc·grclliTlf:r/Analyst-WI'P, Fjnance Public Utilities Technicar: Recreation Leader :~tlc:: 'l~lX lludil.n1· SAM (Supervisory /Managerial) Ill. nr C.:lt '''('l ' ~·e ·vh't' l'tlnnis.'-dt~tt ·r·: Minul<~s JuJy W , 1!17~ P·..tgc Till'< -e llssistnnt Director or Coommity Developrrent -Housjnr;, Pl:mnjnr; 1\::;s lstanL fJlt·cctor-l•'j ru.1m:c, l'al'ks, HecJ ·cal i o n Assistar:t to Library Director Cl 1lc l ' I~Ji l.d i11 1~ lu::po:<.:Llll' Chief 13uildlng Ma:intenance Worker Chief Flant Operator-Water Chief Plant Operator-WI'P Customer Service M<maeer Parks Superv.isor Purchasing Agent Senior Citizen Program Supervisor Service-nter Super:intendent Street Superintendent Supervisor-Garage, Streets, 'l'r'affic 'lraffic Engineer Wastewter Ma:intenance Supervisor Wastewater Operator Super:intendent Wastewater Ma:intenance Super:intendent Water District Supervisor Water Distr5 ct Superintend£:nt ~ater Treatment Superintendent Ccmnissioner Henning asked the board for further discussion. Ccmnissiooer Brwldage indicated that t009e positions not listed for acceptance be outlined as such. Mel BeVirt indicated those positions are the following: All Pot<itjons of Municipal Court : IJf•put.y Court. Clerk Violations Bureau Clerk C~.erk of Municipal Court Court Aaroinistrat.or All Positions currently under Appeal: Parks Maintenance Lea.d\lorker lbr1 icultural Teclmician Flur· t ~r<~.tur--Wal:;tewo.ter Maintenanceworker "A"-Traffic Ma.intenanceworker "A: --Parks Carputer Operator Clerical Tec-.bnician (lk>usi.ng) City Surveyor Hanning Assistant Housing Hehabilitation Techr ician Systers Analyst Cffice Filgineer Recreation Supervisor RevE.nUt· Cllief • I • - • • • • • Ud. uf Uu'l.'Cl' &t·vlcc Cuun. Minutes July 1.9 . 1979 !:.'age lo'o& All positions of Law Enforcement Aide and l!inercency Q:.mrunicator with the 1\.>l ice Department. A1ter scr.e further discussion, O:mnissioner Henning ntode a motion that tbf: l:k.'llcbnark c]assll'ical.iun,job <k..-scrlplion o.nd faclot· r • .ml<in~. l!XclUllin~ all positions of Municipal Churt, all positions curn .. ->nlly under ~peal, and the positions of law enforcem:·.'llt aide and emergency ccmwnicator, be a.c'.cepted. Q:mn:;ssiont:r BJ'\mdage moved, seconded by Q:mnissioner White to accept the Benctmark classification with the exceptions as outlined. AYES: llenoing, White, llansoc, '1\Jrner, Druodage NAYI •S : Non<-' ••••••• Item 7 1WS the Declant.tion of Vacancies. O:mnissioner Heoning reviewed the list, Ccrmissioner White noved and Ckmaissioner Brundage seconded that tte vacancies be dec1an-d as listed. AYES: NAYES : Heoning, White, Hanson, Turner, Brundage None • • • • • • • Item 8 on the Agenda was the Approval of the Eligibility Lists. O:mni.ssioner HanSOl'l 100tioned, seconded by O:mn:issiooer '1\lmer, tbs.t the eligibility lists be app:n:.ved as read (see attached~. AYES: Henning, White, Hanson, '1\lmer, Brundage NAYES: None .. . . . . . . Item r. was the Acceptance of Personnel Actions. Ckm':'issioner White DDtioned, seconded by Omru.ssioner HanSOl'l, to approve the Personnel Actions. AYES: Henning, White, Hanson, '1\lmer, Brundage NAYES : None • • • • • • • Upon motion by O:mni.ssior.er \lbite, secondE-d by O:llmi.ssi.oner Hanson, Ccnmissioner Henning adjourned the meeting. AYES : NAYES : ~$~, Henning, White, Hanson, Turner, Brundage None • • • • • • • Judith B. Henning, Cllairperoon Carter Sen..·ice lbrll"d ' .. I • • - - • • • • .. • Police: Animal Ytarden; Gr.WC 3; 1 position Police Officer; 4th class; 1 position Public Works: fd. oJ CU'eer Service Cuun. AUnutes J :t"t.y 19, 19'19 l\J-~,;e Five Maintenaocewoner--streets; Grade 2; 2 positions Utilities: Ditch Rider; Grade 3; 1 position ELIGmiLI'IY LlSI': Parks : EquiJIIhlt ~rator~lf <hurse Maintenan~rker Police: &n!:rgeocy Cbrm.miCE•.tor Utilities : Pl1.11oing and Mc·.chanical Iru.pecLor Wastewater Treatment Plant : ~tor 1'rainee • I • - • • N ::vi Pfl(;!JA'l'IONNW EMPUJYEr~ J~eke c , Ja..ne Cornicelli , Jerry I·; l.uJ ·uel JC:!', J u!Jn l•'t·ancl:; l•'ull c r, Mnnte uL::.;La.:;, Arnolu Tirnian, Leslie Allan rJi.lls , Fo ster \-Jil son, Donald David • • • PEI*.ONNEL AC'l'lul~S a p p ,·,•ved July 19 , 1';)'(9 J•o ] i C l ! OfTiccr--lll.,h Cla:;;:; !·:IT<)<: I. i vc '( /.J (,j'((j l..:. .. w I:Jtl'uJ\;C:ull!nL 1\lLle-1\JJ. i.e<.: ; l ~i'i't:cL i v .: (i/1/'(•J 3A fw'ajntenanc.eworker-Parks; l!:ffective '(/11/'(9 ; 2A J'lla.in Let~<.tncewodu:J·-Wa:.;t.,._.wat.,c ,•; 1-:ITecl.,.ive '(/;'/'('); ;•(\ F:!.refic:hter (P.I"'b<ltiona.ry)-J?lre ; l!:frectlve 6/29/'(9 JYulJ •L erw te<.:wC>f'k~·J ·-~a:.;L cwa t.,<.:J '; I ~J 'J ·eeLl ve 'I ll•/'{'); :'I\ JV.echanic 's Helper-Wastewater; Effective 7/6/79; 31\ Plumbi.~ and ~~hanical Inspt~ctor-C.D.; Effective '{!')/'('); '(J3 Police Officer, 4th Cla:;:.;-Pulice; Effec~;ive '(/16/'(<J PI\OB fi.'I'JOOI\RY 'ro PERMIINf'Nl ' WTI'II TNCRFASE :.ic:lt«:, Hntx:r·t 'J~.tylor , flcuxlal H. 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'l'ech .--Wa::;tewuteL'j El'fectlve '(!l'.J/'('); 61\ I • - (_ • • • • - BOARD OF ADJUSTMENT AND APPEALS CITY OF ENGLEWOOD, COLORADO JULY 11, 1979 MINUTES 6 8 1 The regular meeting of the Board of Adjustment and Appeals was called to order at 8 :00 P.M. by Chairman Virginia Dawson . MEMBERS PRESENT : Kreiling, Seymour, Oliver, Brown, Leonard, Pratt, Dawson . MEMBERS ABSENT : None. ALSO PRESENT : Clark , Assistant City Attorney Pittman, Chief Building Inspector Christy, Recording Secretary ----------------------------------------------------------- WILL YODER-HERITAGE CONST. 2297 W. VASSAR CASE 28-79 REQUEST : The applicant is requesting a variance from the required minimum lot area of 6,000 sq . ft. to a lot area of 5,745 sq. ft. for the purpose of dividing this parcel into ten (10) duplex sites. This is a variance of the Comprehen- sive Zoning Ordinance, Section 22 .4-7 c .(2) Minimum Area of Lot . The staff report was read and submitted to record. Mr. Yoder, 3451 W. Wolfenburger Rd ., Sedalia, Co ., was sworn in for testimony. He stated that he purchased the lot as 10 units in March 11, 1979 and afterwards found out that by making a 25 ft. street dedication for the proposed Hillside Avenue, he was a 250 feet short of the required 6,000 sq . ft . minimum lot area required for duplex units. He described the duplexes as having two bedrooms and one and one-half baths for each unit and full unfinished basements with roughed in plumbing. Each unit would have 1,355 sq. ft. of finished living space. Mr. Yoder stated that he proposed to start construction of the first five duplexes facing Vassar within the next thirty days and planned to start construction on the rear five duplexes • I • - • • • • • • as soon as Hillside Avenue was put through which , as the City had indicated to him, could possibly be sometime in the fall of this year . He hoped for completion of the project by early Spring of 1980 . Chairman Dawson asked for testimony in opposition to the variance . Mrs . Mosbarger, 2250 W. Wesley, was sworn in for testimony in opposition to the variance . She expressed her concern of the duplexes which have been built in the area and the fact that they have been built too close together. She also stated her concerns about the loud noise resulting from the clustered duplex units and the lack of front yard. She also disagreed with the statement that Hillside Avenue would be put through by Fall . Mr. Capesius, 2350 W. Warren, was sworn in for testimony. He stated that he opposed minimizing lot areas any smaller then the required 6,000 sq. ft . minimum . He stated that duplexes built on 6,000 sq. ft. were already too crowdedand that less than 6,000 sq. ft . would not be sufficient to provide yard space for children to play nor the required off-street parking . He expressed his disapproval of parking in the front yards of properties. Mr. Capesius stated that he believed the contractor should have made sure he had enough land to allow the dedica t ion and still provide the required lot area before buying the property. Mr. Yoder, speaking in rebuttal, stated that he did not believe it was a sizable reduction . He stated that each duplex would be sold individually . He further stated that he would be providing a three car garage to meet the off-street parking requirements or revise the floor plan of the duplex to allow sufficient room for parking. Mr. Yoder assured the Board that he had the required 25 ft . front and rear yard setbacks and the required 10 ft . total sideyard setback, and that he would have no problem compl¥ingwith all of the Code requirements. Chairman Dawson closed the public hearing . Mr. Seymour motioned and Mr . Pratt seconded that: IN CASE 28-79, 2297 W. VASSAR AVENUE, WILL YODER, HERITAGE CONSTRUCTION , A VARIANCE BE GRANTED FROM THE REQUIRED MINIMUM LOT AREA OF 6,000 SQ. FT . TO A LOT AREA OF 5,745 SQ. FT. FOR THE PURPOSE OF DIVIDING THIS PARCEL INTO TEN (10) DUPLEX SITES. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22 .4-7 c.(2) MINIMUM AREA OF LOT. COMMENTS: Mr . Kreiling stated that the land had stood vacant for years and that the new owner has planned development into residential use within the ordinance except for the adjustment of minimum lot size. Mr. Seymour stated that 4 .251. reduction of lot area was very -2- I • - • • • • • minor compared to the much needed homes which would possibly increa~the school population , which is a good thing for the CODDDUnity. Mr. Oliver stated that the 4 .25 7. reduction is a reasonable request . He stated that this falls within the Board's right to grant such a variance. He further stated that to restrict the applicant to eight or nine duplex sites rather than the proposed ten would not be economically realistic and would make the lotR much larger than required. Mr. Brown stated that the proposal would be doing something worthwhile for the neighborhood by providing more places to live. Mr. Leonard stated that the 4.257. reduction was small and that the variance generally met the conditions required to grant a variance. He also stated that the area needed the residences. Mr. Pratt stated that he found that the area was zoned R-2 ·C and is appropriate for duplexes. He stated that there were other duplexes in the area. Mr . Pratt stated that Mr. Yoder , by giving the street dedication found himself short of lot area. He stated that the variance, if granted, would do sub- stantial justice to all by improving the area . He stated that the plight of the owner is due to the unique circumstance .of having to dedicate that portion of property for the street . Upon a call of the roll , the following vote resulted : AYES : Kreiling, Seymour, Oliver, Brown, Leonard, Pratt , Dawson . Chairman Dawson declared the variance GRANTED . CURTIS KUHL 4606 SO. ACOMA ST. CASE 29-79 REQUEST : The applicant is requesting a variance from the required lot area of 6,000 sq . ft . to a lot area of 5,912 .5 sq. ft . and from the required lot frontage of 50 ft . to a lot frontage of 47 .3 ft . for the purpose of erecting a duplex unit . This is a variance of the Comprehensive Zoning Ordinance , Section 22 .4-5 c .(2) MINIMUM AREA OF LOT AND 22.4-5 i .(2) MINIMUM LOT FRONTAGE. The Staff report was read and submitted to record. Mr. Curtis Kuhl, owner of 4606 So . Acoma St . was sworn in for testimony . He stated that he would provide the required off- street parking off the alley on a concrete s~bof approximately 750 sq . ft . He further stated that he had all of the necessary front , rear and side ·yard setbacks and that the structure would be built in compliance with the Building Code. Mr . Kuhl described -3- • I • - • • • • • the duplexes as having two bedrooms in ea~h u~it and full basements with proper escape window provisions. He stated that one unit would probably be larger than the other to encourage owner occupancy . He stated that owner occupied duplexes result in better maintenance. He further stated that he did not contact the neighbors regarding his request because the R-2 zoning allows duplexes and he did not feel there would be a significant shortage of lot area as he is only 87\ sq . ft. or 1 .46% short of the minimum lot area required. Mr. George Wood, 4611 So . Acoma, was sworn in for testimony in opposition to the variance . Mr. Wood expressed his objection to the duplex because he felt the additional parking would add to the already overcrowded street parking prob l em. He stated that he did not believe there was enough land to provide adequate off-street parking at the rear of the property and the access from t~e ailey would be hazardous . He also stated that he felt there would not be sufficient land for play area for children living in the proposed duplexes and stated that he objected to the children playing in the neigh- bors' yards or in the street . Mr. Brian Chester, 4620 So . Acoma St., was sworn in for testi- mony in opposition to the variance. Mr. Chester also stated that he did not believe there would be enough play room for child- ren and felt the neighborhoods were being overcrowded. He also expressed his concern for the overcrowding of the street parking and stated that he did not believe there was sufficient room at the rear of the property for off-street parking . Ms. Doris Jones, 4630 So . Acoma , was sworn in for testimony . She stated her concerns for the parking but stated that if adequate parking were provided at the alley and used, that would eliminate the street parking problem. She also stated that she objected to the less open area that would be provided than that which could be available if a single-family residence were built. Chairman Dawson declared the Public Hearing closed . Mr. Brown motioned and Mr . Seymour seconded that : IN CASE 29-79 , 4606 SO. ACOMA STREET, CURTIS KUHL, A VARIANCE BE GRANTED FROM THE REQUIRED LOT AREA OF 6,000 SQ. FT . TO A LOT AREA OF 5,912.5 SQ. FT. AND FROM THE REQUIRED LOT FRONTAGE OF 50 FT. TO A LOT FRONTAGE OF 47.3 FT . FOR THE PURPOSE OF ERECTING A DUPLEX UNIT . THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22 .4-5 c .(2) MINIMUM AREA OF LOT AND 22.4-5 i .(2) MINIMUM LOT FRONTAGE. COMMENTS : Mr. Kreiling stated that the zoning permits both single-family and duplex dwelling units on 6 ,000 sq. ft. lots . He stated that there was a.aignificant und .. run of area, but in either -4- • I • • - • • • • • • case, a variance would be necessary . Hr . Seymour stated that this was a unique situat:ion of lacking only 87.5 sq . ft . which is very minimal. He further stated that he felt this would be upgrading the area by constructing a better structure than the one already existing . Mr. Oliver stated that he found the area to be zoned for two- family dwelling units. He stated that the objections were mainly directed at the duplex approach. He felt the request for such a small reduction was reasonable. Hr. Brown stated that he was in agreement with the previous statements. Hr. Leonard stated that the 1.51. reduction was very small . He stated that the R-2 zone allowed two-family dwellings . He further stated that the owner will demolish the small cottage on the site and put up a new building which will be an improve- ment to the property. He stated that the request met the conditions required to grant a variance and the City needs the residences. Hr. Pratt found that the 1\1. ahort~geof lot size creates a unique circumstance for the owner. He stated that if the .owner was held strictly to the requirements of the zone district, he could not build anything at all on the lot. Mr . Pratt t stated that the two bedroom duplex with full open basements for larger family expansion is a substantial improvement over the existing 400 sq. ft . cottage. He stated that the variance would not essentially alter the district because it is a R-2 zone in which duplexes are permitted. Mrs. Dawson stated that because of the zoning, the duplex would improve the neighborhood. Upon a call of the roll, the following vote resulted : AYES: Kreiling, Seymour, Oliver, Brown, Leonard, Pratt, Dawson . NAYS: None . Chairman Dawson declared the variance GRANTED . ------------------------------------------------------------------ -5- • I • - • • • • SWEDISH MEDICAL CENTER 3400 BLOCK SO. CORONA CASE 30-79 VARIANCE REQUEST : The applican t is requesting a variance from the required one and one-half (1\) off-street parking spaces per unit to one-half (\) off-street parking spaces per unit and from the required one (1) guest space for each five (5) dwelling units to zero (0) spaces for each five (5) dwelling units to serve as the off-street parking for a 180 unit high- rise apartment. This is a variance of the Comprehensive Zoning Ordinance, Section 22.5-5 a . ,(10) Off-Street Parking. The Staff Report was read and submitted to record. Chairman Dawson submitted to record the letter of verification of proper posting and legal notice advertising of the variance request in accordance with Section 22.2-6 c .,(a) of the Com- prehensive Zoning Ordinance. Mr. John Criswell, attorney for the applicant, Swedish Medical Center, sworn in for testimony. Mr . Criswell stated that the subject property is zoned R-3 and its authorized use by right is multiple family dwelling. He stated that the proposed use, an elderly housing unit, is to be erected on this subject property. Mr. Criswell presented Applicant's Exhibit #l which is a preliminary sketch of the proposed use . He stated that the exhibit does not indicate the final design of either the building or the parking . He referred to a letter from Mr. Richard Wanush, Director of Community Development, which stated that according to the ordinance, on this parcel of ·3 .2 acres, a total of 295 dwelling units could be erected, and that one and one-half (1\) parking spaces per unit plus one (1) guest parking space for each five (5) units would have to be provided. Mr. Criswell calculated the requirement to equal 1.7 total parking spaces per unit . He explained that the applicant plans to erect approximately 191 units which would require 313 parking spaces by ordinance . He stated that they were requesting a variance to reduce the required number of 313 parking spaces to only 90 spaces . He further stated that there would be over fifty parking spaces provided regardless of the Board's decision and therefore they would be going before the Planning Commission for approval of the area parking design . Mr . Criswell asked the Board to consider the six criteria which are set forth in the ordinance and must be established by the evidence they would present and believed would support their request. Mr . Criswell called Mr. Larry D. Conrad as a witness . Mr . Conrad, a consultant for the Ebenezer Society, 2626 Park Avenue, Minneapolis, Minnesota, was sworn in for testimony. Mr. Conrad stated that the Ebenezer Society was the largest geriatric facility in the nation, consisting of 738 apartment units in three projects in the minneapolis area, providing homemaker, home health aid and protective services and programs to over 2,000 people in the Minneapolis community. Mr. Conrad stated -6- • I • ( • • • • • • that he works for the Ebenezer Center for Aging and Human Development which provides research, consultation and programs in the field of aging to non-profit organizations and municipal- ities. Mr . Conrad stated that he first became acquainted with the elderly housing unit proposed on the subject property two years ago when he was approched by two representatives from an organization called the Corona Associates asking for advise which would help their group establish housing for independent elderly. He described the Corona Associates as a group of approximately 140 retired professors from the University of Denver whose primary function is to organize the group to look at housing options for themselves and their secondary function is to attempt to help other individuals in retirement planning . He stated that they found they could not build housing just for themselves, therefore, they contacted Swedish Medical Center, which is extremely concerned about health care aspects of the aging process, for sponsorship. He stated that the two corporations joined, forming a new corporation called Swedish-Corona Housing Corporation . Mr. Conrad described the proposed facility as a congregate project which has a one meal a day mandatory requirement 'in the dining room. He stated that there will be ancillary space to promote socialization and perform health screening, similar to Simon Center. He stated that the facility would be close to RTD routes, shuttle busing operations would be provided and automobile leasing arrangements within the project (cars to be delivered each day from major leasing firms) are anticipated. Mr . Conrad described the facility as a cooperative project in which the tenants own the building but they do not own their living unit. This would allow each owner a vote and the Board of Directors would be made up of a majority of people who live within the facility . He explained that a cooperative allows individuals to make monthly payments which would retire interest and take homestead credit for their payments. He further stated that Swedish's involvement would be mainly as a sponsor. Mr. Conrad and Mr. Criswell presented Applicant's Exhibit {.!2 which was a report pr~pared by the Ebenezer Center for Aging and Human Development at the request of the Swedish/Corona Housing Corporation. This report set forth its findings from surveys which they believed substantiated a .5 parking designa- tion per unit for the proposed 191 unit elderly housing project. Mr. Conrad referred to Appendix #3 of the report which was a statistical study done in 1967 and funded by HUD, showing the nation wide percentage of elderly housing units with automobiles. He also referred to Appendix #4 which was a report by the Automobile Manufacturers Association indicating the percentage of persons owning automobiles by age group. Mr . Criswell pointed out that for ages of seventy (70) and over, the percentage is 2.5 on a nation wide basis. Mr. Conrad explained -7- • I • - 0 • • • • • that the report did not base its findings on these figures alone because the majority of units were subsidized housing and only 20% of the proposed project would be subsidized . Therefore, twelve housing projects in the greater Denver area wer contacted and asked for their parking space allocations and number of residen t s through a telephone survey . They we r e asked what type of facility they were and how many spaces were being utilized by residents. Their findings were listed on page four of the report. Mr. Conrad reviewed these figures with the Board , stating that the average number of parking spaces provided was a .68 parking space allocation as compared to the 1.7 space allocation required by the Englewood ordinance. Mr. Conrad stated that the income level of the tenant adds no significant difference in parking needs. He stated that the aging process does not discriminate against income level and that physical problems associated wit.h aging have the same effect on parking needs regardless of the income level . Mr. Conrad further discussed cooperative project and explained that it was not an investment but rather that it must have owner involvement and that it would be marketed to individuals interested in this kind of project and not to investers. He further stated that the project would be 50% marketed before construction is started. When asked by Mr. Pratt why they did n0t want to provide the required number of parking spaces when there was enough land available, Mr. Conrad replied that it was an economic issue and that they did not want to allocate land to parking that would not be used . He explained that if they built to Code, they would stand the risk of having unused land that the tenants would be paying for. He stated that they wanted to maximize utilization of the property . He explained that the 3 .2 acres parcel on which this elderly housing unit is proposed to be built is not sufficient to build to the Code parking require- ments and that more land would have to be purchased which would be an expense to the tenants. Mr. Criswell called Mr. Clifford Johnson as a wi tness. Mr. Johnson, Director of Finance for Swedish Hospital, was sworn in for testimony . Mr . Johnson stated that as part of his duties , he was generally in charge of acquiring property for Swedish Hospital and other entities. He further stated that he was familiar with property values in the proposed area and the owner's expected return from acquisition of such land. Mr . Criswell presented Applicant's Exhibit #3 which is a study of Comparitive Construction Costs indicating the addi- tional costs of providing the total parking spaces required by the Code or as suggested by the Planning Director, com- pared to their proposed parking allotment . Mr. Johnson reviewed these figures with the Board explaining the differences in land needed and the additional cost to the tenants of the facility. He explained the the approximate land value with interest at 10% over a period of 30 years is $3 .00 a sq. ft . and that approximately 325 sq. ft . were needed per parking space . From these figures, Mr . Johnson estimated a $687,500 additional cost to the tenants from the difference between the Code required -8- I • - • • • • • • number of spaces and the project's proposed number of spaces . Referring to the number of spaces recommended by the Planning Director in the letter of June 11 , 1979, from Richard Wanush, Director of Community Development, a difference of 5345,290 in additional cost to the tenants was estimated. (Exhibit #4) Mr. Johnson was asked to explain the business relationship between Swedish Hospital and the Corona Associates. He stated that Swedish would be the coopertive service agent. He stated that Corona Associates would contract with Swedish to provideservices such as food, house keeping and management at cost. He furthe~ stated that Swedish would lease the ground to the Corona Associates on a long term basis of approximately 55-99 years . The tenants or cooperative, Corona Associates, would get a construction mortgage and the lease would be subor- dinate to the mortgage. Mr . Johnson stated that the land is presently owned by a subsidary of Swedish Hospital called Swedish Health Services. Mr. Oliver asked Mr. Johnson if they would be receptive to a reduced requirement of parking spaces with the agreement that sufficient land be supplied but not developed so that at a later date necessary parking could be provided if a need for such was evident . Although ~x. Johnson could not speak for the Corporation, Mr . Criswell stated that he would recom- ·mend such a program for a reasonable time period as he did not feel it would be fair to ask that the land be held in reserve forever. Mr. Oliver asked if adequate staff parking would be provided in addition to the proposed tenant parking . Mr. Johnson agreed that it would. Chairman Dawson called for testimony in opposition to the variance request. Mr. Harry Fleenor, 3383 So . Corona St., was sworn in for testi- mony . Mr. Fleenor stated that he was chosen as spokesman for the group of eleven residents present in the audience who were in opposition to the variance. Mr . Fleenor presented Opposition's Exhibit #1, a petition bearing approximately 200 signatures of residents in the neighorhood of the proposed project. The petition stated that they were in opposition to the reduced num- ber of off-street parking spaces as requested for the 180 unit high-rise apartment . Mr. Fleenor stated that the reduced number of parking spaces would have a significant effect on the street parking as the street in the 3400 block of south Corona was already overcrowded from the overflow of parking from another apartment house built pre- iously. He referred to an article in the July 4, 1979 issue of the Englewood Herald Sentinel regarding the parking problems of the Malley Center due to its increased membership. He stated that this was elderly housing and that they did drive automobiles and as a result, parking was insufficient . He further stated that Swedish gave no guarantee that the residents of the proposed elderly housing would not drive automobiles. He suggested that such a clause be put .into their lease not allowing cars. Mr. Fleenor pointed out that Swedish owns two city blocks of land -9- • • I • - • • • • and therefore did not see the need for the request of less parking . He stated that Swedish Hospital has had a historic problem with parking and that residents in the neighborhood no longer looked at Swedish as a "Sleeping Giant" but rather a "Devouring Giant ". Mr. Fleenor stated that the tenants would own other vehicles other than automobiles , such as campers and trailers and would need more than one parking space. He suggested that three car spaces be provided for each unit plus one visitor parking space per each four units . He also suggested the agreement in the lease that tenants could not own automobiles . He stated that this would give the residents in the block room to park their cars, which he felt was more reasonable than reducing the number of off-street parking spaces for the high-rise and using the street for the overflow . Mr . Al S~der, 3305 So. Clarkson St ., was sworn in for testimony in opposition. Mr. Sfhder stated that he was aware of the zoning for the area and that they could build as many as 295 apartment units, but only as long as they have enough land and provide the required parking. He stated that this was a residen- tial area and the streets were already crowded from the employee overflow from Swedish Hospital and Craig Rehabilitation Center . Mr. Synder also stated that Swedish owned plenty of land adjacent to the proposed project site and suggested that they utilize it to provide the required parking. Mr . Synder stated that he believed there was a difference between independent senior citizens and low-income senior citizens who 1 cannot affardto own their own homes. He stated that senior citizf are not invalids and that they do have their own cars and like to drive . They also have relatives who come and visit . He stated that parking would be needed for employees who maintained the facility and that the required amount of parking should be provided to cover all of these needs . He stated that the inde- pendent senior citizens could afford to buy and maintain their cars and most low-income senior citizens can not . Mr . Sfhder explained to the Board that he spoke from experience as he has been in the construction business for thirty years and has developed hundreds of apartment units in .the Englewood and Denver area . He stated that he has many elderly tenants and estimated that 75% to 90% of them own their own automobiles. He further stated that he has always provided a parking space for each of them. Mr. Synder stated that if the housing project were for low- income elderly he could wholly indorse the variance but he could not agree with it for the project as proposed. ~ir . Ordelheide, 3393 So. Corona St ., was sworn in for testimony in opposition. He stated that he believed the proposed project was a "glorified nursing home" and that more employees than the suggested staff of four or five would be needed . He further stated that he felt the variance would downgrade the area because it would cause a parking problem. Mr . Criswell spoke in rebuttal to the opposition's testimony. He stated that many of the comments of the opposition were only a replay of a previous Board hearing on Swedish Hospital's request for another parking variance several weeks ago. He agreed that the hospital has parking problems at the hospital and that Swedish's -10- I • - • ( • • • • proposal was not acceptable. However, he asked the Board to take each project individually and consider the parking require- ments for each particular project. Mr . Criswell stated that the Englewood Ordinance does not make a distinction between the parking requirements of elderly housing and the typical apartment house. He stated ttat the parking requirements for elderly projects, regardless of whether they are low , medium, or high income, are the same as for the typical apartment complexes where each person owns their own car. He further stated that everyone agrees that a project of this nature does not require the same amount of parking that the typical R-3 apartment complex requires. He told the Board that if they did not trust the survey the applicant had submitted, that they could trust the evidence presented by the City's Planning Director. He referred to Mr. Wanush's letter of June 11, and quoted from the third paragraph : "Our own experience with a 104 unit low-income elderly building suggests that \ space per unit has been sufficient". Mr . Criswell stated that the letter goes on to suggest that for the project's 201. of units which will be for low-income elderly, \ space per unit will be sufficient. He stated that for the other 801. of the units Mr. Wanush still felt the ordinance is too stringent. Mr. Criswell stated that the Planning Director's recommendation was not the 1 .7 required by ordinance, but rather one space per unit plus the required guest parking. Mr. Criswell also referred to a case from several years past which was before the Planning Commission and City Council . He explained that an elderly housing project, Halcyon Heights, had been given a reduction in the parking requirements because it was elderly housing. He asked the Board to decide if there was a difference in parking requirements. He further stated that their statistics show that facilities of this type are providing a .6 parking allotment per unit. He suggested that somewhere in the neighborhood of .5 or .6 parking spaces per unit would meet the parking needs of the tenants, visitors and staff. Mr. Criswell submitted Applicant's Exhibit #4 which is the appli- cant's proposed findings which they believe meet the six criteria required for a variance and are supported by the evidence they presented. Mr. Criswell again expressed his willingness to recom- mend that his client accept a proposal of reduced parking spaces and hold additional land in reserve for a reasonable period of time of perhaps 5-6 years until testing proved if more parking was needed . He stated that he would also suggest that if such a variance were granted that it would apply to the land only as long as it were used for elderly housing and that if it were turned into a typical apartment building, the variance would be automatically desolved . Mr . Criswell stated however, that if the variance were denied, the Board would be charging not the applicant, but the elderly tenants of the project, with the cost of the additional parking . Chairman Dawson closed the Public Hearing. -11- I • - • • • • • Mr . Pratt motioned and Mr . Seymour seconded that : IN CASE 30-79, 3400 BLOCK OF SOUTH CORONA, SWEDISH MEDICAL CENTER, THE CASE BE TAKEN UNDER ADVISEMENT BY THE BOARD AND THAT A DECISION BE ISSUED IN THE 35 DAY TIME LIMIT AS SET FORTH IN THE ORDINANCE . Upon a call of the roll, the following vote resulted : AYES: Kreiling, Oliver, Seymour, Brown, Leonard, Pratt, Dawson. NAYS : None. Chairman Dawson stated that the Board would render its decision within the 35 day limit as prescribed in the Ordinance . (Section 22 .2-5 j .) ---------------------------------------------------------------- NORMAN & SHIRLEE HARNESS 4325 SO. HURON ST . CASE 31-79 REQUEST : The applicant is requesting a variance from the maximum lot coverage of 25% to a lot coverage of 29% for the purpose of erecting a patio cover . This is a variance of the Comprehensive Zoning Ordinance, Section 22.4-2 (e) Maximum Percentage of Lot Coverage. The staff report was read and submitted to record . Mr. Norman Harness, 4325 So . Huron St ., was sworn in for testimony. Chairman Dawson submitte~ to record the letter of verification of proper posting and legal notice advertising of the variance request in accordance with Section 22 .2-6 c . ,(a) of the Comprehensive Zoning Ordinance. Mr . Harness stated that he wanted to build the patio along the north side of his garage at the rear of his property and that it could not be seen from the street . He stated that the patio would be 20 ft . by 12 ft . and that the roof would extend from the garage over the slab . He stated that not having the patio would be a hardship because they could not have any privacy or peace and quiet from their front porch due to the heavy traffic on Huron St . There was no opposition present . Chairman Dawson declared the public hearing closed . Mr . Seymour motioned and Mr. Oliver seconded that : -12- I • • - • • • • • • IN CASE 31-79, 4325 SO. HURON ST ., NORMAN & SHIRLEE HARNESS, A VARIANCE BE GRANTED FROM THE MAXUruM LOT COVERAGE OF 25% TO A LOT COVERAGE OF 29% FOR THE PURPOSE OF ERECTING A PATIO COVER . THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-2 (e) MAXIMUM PERCENTAGE OF LOT COVERAGE. COMMENTS: Mr. Kreiling stated that there was no opposition present and that therewas a measure of security. He stated that the patio would not be visable from the street. Mr. Seymour stated that the request was only for 4% overlot coverage and that the patio would not be visable from the street. He stated that a hardship was created by the noise from traffic on Huron St . Mr. Oliver stated that he felt the request was reasonable in that the amount of overlot coverage was only 4%. He stated that there seemed to be a need for additional covered patio space. Mr. Leonard stated that the 4% overa~e was small and that the request generally met the condit1ons required to grant a variance . Mr. Pratt stated that he agreed that the 4% overlot coverage was small and that the lot itself was some what smaller than the others in the area. He felt that the request was reason- able, that it would improve the neighborhood and that it would do justice to all. Upon a call of the roll, the following vote resulted: AYES: Kreiling, Seymour, Oliver, Brown, Leonard, Pratt, Dawson. NAYS: None. Chairman Dawson declared the variance GRANTED . ------------------------------------------------------------ Mr. Seymour motioned and Mr . Oliver seconded that: THE MINUTES OF MAY 9, 1979 and JUNE 13, 1979 REGULAR MEETINGS STAND APPROVED AS WRITTEN. Upon a call of the roll, a unanimous vote resulted. Chairman Dawson declared the minutes approved. -13- • I • • - • • • • • • Mr. Oliver motioned and Mr . Seymour seconded that: THE FINDINGS OF FACT ON CASE 38-78, THE APPEAL OF MR. AND MRS. WILCY B. MATHEWS, FROM THE DECISION OF THE CHIEF BUILDING INSPECTOR, AS PRESENTED TO THE BOARD THIS DATE OF JULY 11, 1979, BE ACCEPTED. Upon a call of the roll, the following vote resulted : AYES : Seymour, Oliver, Brown, Leonard, Pratt . NAYS : Kreiling. ABSTAIN : Dawson. Chairman Dawson declared the Findings of Fact APPROVED. --------------------------------------------------------- There being no further business before the Board, Chairman Dawson declared the July 11, 1979, regular meeting of the Board of Adjustment and Appeals adjourned at 1:00 A.M. cfa._f.L-L~ fl k t:~ Valerie Chrbty -..27 Recording Secretary -14- I . - • • • • • • MIN UTES COUNCIL MEETING DENVER REGIONAL COUNCIL OF GOVERNMENTS JULY 18, 1979 Present: William J. Thornton, Chairman Vesta H. Miller, Vice Chairman Robert F. Clement William Cobern Harold V. Cook Thomas E. Eggert Frederick Fisher Ted Hackworth Sam Harper Harold Hodges James Lauratis Gary Lewman Kathy Lindhorst Maggi Markey Norbert Meier Rodney Sheffer Norman A. Smith Arthur Tice Also Present: Town of Bow Mar City of Arvada Jefferson County City of Aurora Denver, City & County Arapahoe County Greenwood Village Denver, City & County City of Littleton City of Northglenn Town of Erie City of Wheat Ridge City of Thornton Boulder County City of Louisville City of Westminster City of Broomfield City of Federal Heights Thomas Q. Benson, DRCOG Attorney; Diana Royce Smith, RTD; Robert D. Farley, Executive Director, DRCOG: David A. Pampu, Carol M. Langley, and various members of the DRCOG Staff. 6 c Chai rman Thornton called the meeting to order at 7:40p.m. Roll was c alled a nd a quorum declared present. Minutes of June 2 7, 19 79 Council on motion by Mr. Lewman, supported by Mr. Meier, adopted the minutes of the June 27, 1979 meeting as mailed. Messrs. Cobern and Laura tis abstained. The motion carried. • I • • - • • • • • • COUNCIL MINUTES JU LY 18 , 19 79 Page two Summary of the Executive Committee Meeting held Julv 11. 1979 Summaries of the meeting were distributed to Council and Executive Committee Chairman Clement responded to questions. Report of Committees Mrs. Miller, DRCOG Vice Chairman, urged Council members to attend meetings of the Citizens Advisory Committee occasionally and to make an effort to increase communication with their individual CAC representatives from their respective jurisdictions. Set Public Hearing on Interim Adoption of Restated Transportation Plan Council was requested to schedule a Public Hearing on the adoption of an interim plan to replace the 1973 Highway Plan. The Interim Transportation Plan is a more modest plan calling for one-third less construction of new highway facilities than the 1973 document. Council on motion by Mr. Lewman, supported by Mr. Cobern, unanimously scheduled the Public Hearinq Date for August 15, 1979 in conjunction with the regular Council meeting. Revised 1979 DRCOG Budget Mr. Farley explained that the 1979 Budget is annually revised to recognize new and changing programs and funding. This revised Budget will supercede the 1979 Budget adopted in September, 1978. Estimated expenditures in the Revised 1979 Budget are $3,226,100 an increase of $594, 300 from the 19 79 Adopted Budget. This increase occurs as a result of increased expense in some projects, modest decreases in some projects and the addition of five unanticipated projects . Comparisons between the Adopted and Revised 1979 Budgets are contained in subsequent sections of the document, however, some significant changes from the adopted budget in comparison to the revised budget are: Revised Augmenting Revenue is $2,72 7, 900, an increase of $696,300. Revised Ending Fund Balance is $503,600, an increase of $204, 296; and I • - ( • • • COUNCIL MINUTES JULY 18, 1979 Page three • • • Revised DRCOG Appropriation is $538,200, a decrease of $102,000. Pass-through projects are esU.mated at $1,740,600, an increase of $945,56 0 over t he amount expected in the fall of 1978. The Program Committee and the Executive Committee both reviewed the 1979 DRCOG Revised Budget at their meetings on July 11, 1979 and recommended adoption by the full Council. Council on motion by Mrs. Miller, supported by Mr. Fisher, unanimously adopted Resolution No. 19, 1979. A Resolution Adopting the 1979 Revised Budget and Appropriating the Funds Therefor. (A signed copy of Resolution No. 19, 1979 is attached to and made a part of the file copy of these minutes.) Mr. Farley stated that the Fiscal Year 19 80 Budget will be before the Council and Program Committees for consideration in August, prior to adoption by the Council in September. Program and Is sue Briefings Council heard briefings on the status of the Aging Program by Wendy Snow , Program Director; the Regional Law Enforcement Testing Program by Project Director. Dave Hobson; and a report on the status of SIP Certification Actions by Bob Doyle, DRCOG Environmental Services Director. Re port of the Executive Director Mr. Farley noted that any proposed amendments to adopted DRCOG plans are due by July 31st in order to be considered during the current amend men t cycle . Any am end ments received this month will be aired by a public hearing in November, followed by December policy board action • The NARC /Department of Energy proposal is a potential purchase order from th e Department of Energy for an analysis of federal programs and their posit! ve and negative effec t on energy consumption. Out of SO COGs nationally that NAR C referred to the Departm e nt of Energy Task Force, DRCOG was one of four s e lected to submit a letter of interest in the project. The purpose is to condu ct a 30-d ay analysis of federal program s and their impact on the energy situatio n . The Regional Housing Opportunity Plan, adopted a year ago by the Council , fina lly has been approved by the Department of Hwsing and Urban Develop - me nt. Certification by HUD means the agency will follow the plan in distributing all housing assistance funds and will make the region eligible f or I • - • • • COU NCIL MINUTES JU LY 18, 1979 Page four • • • spec ial bonus housing funds. It also means that participating Jurisdic tions will receive 50 additional points when competing for Community Developme nt Block Grant funds under the Small Cities Program. Mr. Farley also reported that DRCOG has accepted a $600. 000 FAA grant for the Stapleton Slte Selection Relocation Project and contracts have been s i gned with the consultant, Peat, Marwick, and Mitchell. Work is ready to begin on the 26-month project. Several members of the DRCOG Executive Committee and staff met in Washington wlth Department of . the Army officials relative to looking at the Rocky Mounta in Arsenal as an alternative site in the study. DR C OG is prepared to dtscuss with Stapleton staff, the Master Plan and to r eassure representatives again that their study and DRCOG's are not in conflict. The Executive Committee will hear a report on that study at its Aug ust meeting wlth representatlves from Stapleton Airport present. A draft Intergovernmental Agreement has been received from the Larimer-Weld COG and the Executive Committee will review the draft at its next meeting. The purpose of the agreement is to set in place the terms of the cooperative agreement between DRCOG and the Larimer-Weld COG on any proposed airport site studied that may be located in Weld County. With respect to the Rideshare Program, DRCOG is meeting on a regular basis with the Business Coalition for Commutlng Alternatives which has provided DRCOG with advice and assistance. They are favorably impressed with the kinds o f changes and improvements that DRCOG has made to the carpool locator syste m. All area city and county administrators have been invtted to a meeting at DRCOG on Thursday, July 26 at 1:30 p.m. to meet with Harold Horn, Executive Director of the Cable TV Information Center of the Urban Institute in Washington, D.C. Mr. Horn was invited to share information on the current status and developments in the C able TV industry ln view of the increased interest and activities among the jurisdictions in the region . After successfully operating a state-funded denture assistance program for Old Age Pens ioners for two years, utilizing substantial DRCOG funds for administrative expenses , the Executive Committee has decided not to continue to administer the prog ram this year. The State Health Department was notified of the decision. Mr. Farley stated that DRCOG could simply not stretch its resources further to cover administratlve costs of the program. He said the organization will work I • - r • COUNCIL MINUTES JULY 18, 1979 Pa ge five • • • with the Health Department to insure an orderly transition of the progra m. Channel 7 television is now showing a new program entitled, "Focus-The Region" which is aired on Sunday mornings at 11 a.m. One Sunday each month, the program will be committed to highlighting local governments in the region. The first Sunday, the program was committed to the Denver Regional Council of Governments and the Rides hare Program. Council members Miller and Eggert will appear on a program on Channel 4 to discuss air quality. The program will be aired August 4th at 5:30p.m. and on August 5th at 10:30 a.m. In an effort to enhance the visibility of DRCOG and its services to local governments, several appearances are scheduled in Boulder County, Longmont , and with service groups, such as ROMCOE. Council members were encouraged to make the presentations on DRCOG themselves and were asked to contact the staff for further information. Mr. Farley also noted that two orientation sessions will be scheduled for new Council members during the next 3-4 weeks. Other Matters by Member§ Mr. Smith, President of the CNC-HSA Board, updated Council on the status of the HSA' s current activities. Adioumment There being no further business, the meeting adjourned at 9:10p.m . ATTEST: Robert D. Farley Executive Director William J. Thornton, Chairman I • • - r • • • • • 6 D ELECTION COMMISSION Minutes -August 2, 1979 Meeting was convened at 4:00 p.m. Present: William James Barbara Burget Betty Keena Also Present: Eric Johannisson Bill James notified the members that the City Clerk's office re- ceived petitions to recall Councilman Harper. The petitions were received on July 31, 1979. Mr. James stated the petitions contained 122 signatures of which 108 valid signatures. Fourteen names were disallowed because they wer• not residents of the district, they did not write out their addresses, or they did not use their full name, i.e. initials in- stead of name. 88 names were required. The Commission asked that the following questions be submitted to City Attorney Berardini for legal interpretation: 1. What is the legal date of receipt of the recall election? 2. Can the date of the election be scheduled to coincide with the General Municipal Election, November 6, 19797 This would exceed the 90 days required by the City Charter. 3. The petitions that we received did not contain an affidavit from the petition circulator. Does this omission disqualify the peti- tions? 4. One petition was circulated by an individual who was not a resident of District 4. Does this disqualify this petition? 5. 6. Section 34 of the Charter requires the City Clerk to set an Election date within 90 days following the receipt of the peti- tion, subject to the limitations set forth in Section 14 of the Charter. Does this require that a Special Election be held or can the clerk set the date of election to coincide with a General Municipal Election? If the City Clerk receives candidate petitions for a Special Election and Don Harper resigns or removes his name for candi- dacy, must the Special Election be held? The Commission agreed to meet at 3:00p.m., August 6, 1979. Betty Keena said she would not be able to attend. Meeting was adjourned at 5:00 p.m . I • - - • • • • • ELECTION COMMISSION Minutes -August 6, 1979 Meetinb was convened at 3:00 p.m. Present: Barbara Burget William James Absent: Betty Keena Also Present: Eric Johannisson City Attorney Berardini 6 D Mr. Berardini presented his reply to the Commission's questions submitted on August 3, 1979 (copy attached). The Commission received a protest tu the recall petitions for Council member Harper from Verona H. Kebba, 4660 South Mariposa Drive. Her protest was based on the fact that the petitions did not contain an affidavit of the petition circulator, a requirement of Colorado State Statutes, (C.R.S.), 31-4-105. It was determined that the protest could not be acted on because it was not submitted in proper form in accordance with 31-4-105, C.R.S. The Commission requested that protest be returned to Mrs. Kebba by certified mail noting the deficiency. Mr. Berardini continued his review of the recall procedures refer- ring to 31-4-505, C.R.S. The Election Commission adopted the above sections of the Colorado State Statutes which are not in conflict with the City Charter as the procedure in conducting the recall election. The meetin~ was adjourned at 4:30 p.m . I • - • • • • • • Draft 8/6/79 MEMO RANDUM TO: Wi lliam D. James, Director of Pinance, ex officio City Clerk-Treasurer P RO M: Dernard V. Derardini, City Attorney DA'l'E: August 6, 19 7 9 SUDJE CT: Election Crnrunission Meeting -Re ca ll Petition This will acknowledge receipt of your interoffice memo on Friday uf ternoon, J\ugust J, wherein this offiee is auviseu that Lhc Elec tion Crnrunission met on the afternoon of August 2 to discuss receip t of the recall petitions of Councilman Jlarper ami sub- mittiny six questions that the Conuniss i on felt required a nswers prior to nny nction that may be taken by the City Clerk. 1. "What is the legal date of receipt of the recall pctitiun 'i" 11: is the opinion of this offic.:e that the legal <.lat..:! of receip t of recall petition is the date that said petition is sub- mitted to the office of the Clerk. In this instance, the face of the petition is marked with a receiving stamp of July 31, 1979, initialed by W. D. J., which appears to be the initials of William D. James. Therefore, this office must conclude that the official s ubmission date of the petitions is July 31, 1979. 2. "Can the date of the election be scheduled to coincide with the general municipal election November 6, 1979?" This would exceed the 90 days required by the City Charter. Should no protest be filed, under the provisions of 31-4-503(2) (Sect ion attached), the date of the election must be schetluled as set out in Section 34 of the Charter and within 90 days of the :;t d llni~;~l iUtl or l:ltt• p<:LiL.iOII!J. J. "The petitions that we received did not contnin an -.ffiua vit from the petition circulator. Docs this omission disq ualify the petitions?" 'l'he p et itions appear not to meet the strict and express req uireme nt of Section Jl-4-503(2) wherein it states in pertinent l'drL a~> Col l o ws: "The person circulating such sheet shall make and subscribe an oath on said sheet that the signatures thereon are genuine, and a fal~oath, wilfully so made and s ubs c ribed by such person, is perjury in the second degree and shall be punishable as such." a nd may be made the subject of a protest no later than the close of business August 15, 1979 and a full hearinq had as to the • • I • - ( • • ( • • • • s ufficiency of the petition. 4. "~tion was circulated by an individual wh o wu s not a resident of District 4, does this disquul ify this p e tition?" '!'his office i::; unuble to find any requirement , st~1 tut ury o r otherwise, that expressly or impliedly requires a circulator of .::1 petition to b~ ,, q11alif.ie<l ~l.l"c:tor. or '' n•r:i<l<•nl · in tl~<• ,,,-,.,, wlluru the officer .i:; to bu r<Jc<llled. 5. "Section 34 of the Charter requires the City Clerk to set an election date within 90 days followinq the receipt of th e pcti.l.ion, :;ubjcc:l l:o l:hu lim.il:..tl:iuu :; :;et [urtll in Suc:L iuu 111 ul ' the Charter. Does this require that a specia l election IJe lwlu o r ban the Clerk set the date of election to coincide with the ge neral municipal election?" The question essenti~1 Uy 11 IS been .:lsk ed Lll ques tion ~ .1bov 0 and answered above. 6. "If the City Clerk receive:; cc..~ndidute petition;; fol. a special election and Don Harper resigns or removes his name from candidacy, must a special election be held?" Section 34 of the Charter provides thut upon filing th e pe tition for recall, the elected officer may either resign or f ile with the Cit,x gerk a notice of his inL!:!!_t,.to be 4 CiloWlut e ;-n a recall clect.lon, The ($"artcr, tfierel'or c , .llllplies that .::1 spec1a l elect1on will be held. llowever, the provisions of 31-4-504 CRS '73, as amended, also addresses this sub j ect matter in sub- section 1 as follows: "31-4-504. Resignation -vacancy fi lled -election - ballot -nomination. (1) If such officer offers his resignat1on, it shall be accepted, and the vacancy caused by such resignation or from any other cause sha ll be filled as provided by law, but the person appointed to fill such vacancy shall hold his o ffice only until the person elected at the recall election qu~lifies. If such officer does not re sign within five days after the suffi ciency of the recall petition has been sus tained, the governing body shall cause notice to be published for the holding of such e l<•<: L i un, dill! Ll w :.:u u1 e s hall I.Ju cunJuc: ted .1nd r.utu i:'ll l'd und thu r<.:::>u lt thereof uc<.;lared in all re;;pul:tS u::> in th e case of regular elections." The office has attempted to address questions as candidly as possibl e in" vcr.y lim i.I:L•<l timn fr.ame. 'l'he :;uf:f :i.cienc:y or jnHufficicncy or the petitions is controlled by the statutory provision cited ai.Jove in 31-4-503 . • D I • - • • • • • • I might also point out that Subsection 7 of S uc tion S05 u( Ut e State statutes states that candidat<..)s for the office may b e nominated by petition as provided by low, which petition shull be filed in the off icc in which pcti tions for nomination •1 r c required by law to be filed not less than 15 nays before such re ca ll election. l.a r:l :l y. T 111.i.q:1t point oul·. L hat S<-cl· inn ;v, or lilt • City Clt.tt"l ,.,. u nL.i.tlutl "llllpl u menli.lL .i.u n" c~utllor.i.~us the ElccL.i.on CUIIIIII.i.s!..>.i.o n Lu make such additional rules and regulations as arc ncc cssory to implement the above rroccdurns. I WOII It! J,.. it.OI>f>Y I u 111<'<'1 wi !.It yuu tJt ' lilt' l·:lt •t'l i<>u ('t>OIIIIti :;::it~ll .tl your c ·onvenicnce to tl .i.sc u::;s Lltu mc~ttuJ.· iut:LilL!J.' . • ) I • • - ( 0 • ( • • • • ENGLEiiOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 s. Sherman Street -Englewood, Co. 6 E BOARD OP DIRECTORS REGULAR MEETING Wednesday, August 8, 1979 12:00 Noon, 3535 s. Sherman MINUTES Board Melllbers Present: Allen, Gasson, Glenn, Holthaus, kauf~~an, 1-lann, Mausolf, Robohm, Stones, and Executive Director Keller. Board Menbers Absent: Coleman, Maxwell. Guests and Visitors Present: Jack Martin, Isabella Knight, Bob Gallagher, Pat Gill, Ron Dawson, Arnold Boisdrenghien, Walter Stoel, Les Jenkins. Board Chairman Kaufman called the .. eting to order at 12:25 P.M. Minutes of the Special Board Meeting of Wednesday, July 25, were approved as published on ~tion by Allen, second by Gasaon. Motion carried. Each board •llber was requested to fill out and sign a form stating the buainesa or property owned within the Downtown Development Authority district that established eligibility for board membership. There was no treasurers report as there has not been a computer run since the special board -.eting July 25, 1979. Billa to be paid in the amount of $670.08 were presented for approval. Motion by Allen, second by Holthaus to pey bills. Motion carried. REPORT OF COMMITTEES : Chair:aan Mausolf of the Merchants Association Committee introduced Lea Jenkins of the Challlbe1: of C<B~~erce Retail Task Force. Discussion centered around the thought of cooperativeness with the Chamber rather than trying to have separate entities with similar goals . Upon motion by Mausolf, second by Stones, a .. eting is to be held at the earliest time and to be attended by Jenkins, Mausolf, Olson and Keller for the purpose of establishing a merchants association program as a joint effort of the Ch.-ber of Commerce and the Downtown Development Authority. Emphasis on the .arketing and pra.otional activities to be a Chamber function and the improvement of facilities to be a function of the development authority. Chairman Allen of the Real Estate Committee reported Public Service officials still unavailable for serious discussion because of vacation schedules. Upon motion by Glenn, second by Allen; the Executive Director is requested to prepare a resolution to be sent Public Service stating the urgent need for the beginning of serious negotiations concerning price, teras and conditions for the acquisition of the s. Broadway and s. Lincoln street properties by the D.D.A. Motion carried. Chairman Glenn of the Urban Drainage Co.mittee reported he is still a Committee of one needing volunteers. tllch confusion still needs to be clarified and perhaps with recent personnel changes that have occurredJ new coapromisea .. y be reached concerning the covering of Dry Creek. • D I • - • • • • • • Cbairaan Gaaaon of the Fin3nce and Bo~d Cn~~ttee reported hia ..-bera are Wanuah, Stones, Panetta and Raboha. Firat buaineaa will be to •et infor~~ally with Robert Joyce, for•r Denver director of C~ity Devel~nt and adlliniatrative uaiatant to •sayor McNichols. Otairaan Maxwell of the 'l'ranaPOrtation -R'l'D eon.ittee wu abaent. 110 reaponae haa been received froa R1'D ainoe the -ting of July lO with Ralph Jackson. Olairaan Coleaan of the Goals and Objectives Co.dttee waa absent but Board President Kaufaan led a diacuaaion concerning the City C0111prehenaive plan. 'l'he plan wu recently presented to council by Planning and .ZOning for final review and adoption. It waa felt that the portion of the plan concerning the downtown area should be discussed at a joint council -board study aesaion. Upon aotion by Allen, aecond by Gas,.on: Director. Keller ia to determine if a joint COUncil -board study sPonsion can be •~ranged to discuss: 1. 'l'he Public Service property acquisition and ita developa~ent and 2. 'l'he covering of Dry Creek to s. Broadway along with the planning and re-c!evelopnent of the adjacent areas. A draft two for discussion purpose of the 3400 s. Lincoln st. parking lot, Walk-'l'hrough and Mini-Par~ waa given to each board aelllber for review and thought. Meeting adjourned 1:25 P.M. A short Board Executive Coa.ittee aeeting waa held to consider two quotations for an electric typewriter for the o.o.A. office. A.B.M. Collpany of l398 s. Broadway bid $587.94 for one reoonditioned IBM selectric typewriter including cover, pad, one extra eleaent and aelf correcting ribbon. Upon unaniaoua vote, Director Keller vr• requested to oona~te the purchase subject to approval of tltP bill at ,._.,,. nP.xt. fu'tl B:)llrtl ~~~eet L'l9. -2- ( I • - ,, • • • • • • ENGLEWOOD PARKS & RECREATION COMMISSION Minutes of August 9, 1979 Tite regular montliy meeting of the Englewood Parks & Recreation Commission was called to order by Chairman Jack Poole at 7:30p.m. in the Parks & Recreation Office. Members present: Allen, Poole, Richards and Howard Members absent: Hewitt and Harper Also present: Dick Tapply, Asst. Dir., Parks & Recreation Leon Kuhn, Asst. Dir., Parks & Recreation Jim Railey, Asst. Coach, Englewood Swim Team Jody Briles) Bob Patton ) Swim Team Parents Allen moved, Howard seconded, that the minutes of May 10, 1979 meeting be approved as mailed. Motion carried. (no meeting in June and July) Chairman Poole introduced and welcomed Barbara Richards who is replacing Colbert Cushing on the Commission representing the School District. The Swim Team representati~s were introduced to the Commission. Mrs. Briles stated the purpose for their attending the meeting was to make the same re- quest in person that was made in the letter mailed to each Commission member. That is to ask that the fall swim schedule be revised so that the Swim Team could con- tinue using the pool for the same number of hours as they now have which is two hours five days per week. As stated in the letter, the time schedule between September 24 and November 16 is not adequate for them to maintain the program. Asst. Director Tapply stated that only one hour per day was being cut from their time for this period and after the November 16 date the time would go back to the two hours per day. He also explained the reason for changing the schedule is that the staff would like to try Learn-to-Swim during evening hours this fall instead of only on Saturdays as in the past during the fall and winter months. There are also some other new pro- I . - • • Parks & Recreation Commission Minutes of August 9, 1979 Page -2- • • • grams being scheduled for this fall that will take part of time previously used by the Swim Team. Chairman Poole said the Commission would look at the swim schedule for this fall and get back to them With a decision. Railey, Briles and Patton thanked the Commission for their time and left the meeting. Asst. Director Kuhn reviewed the Immediate ·and Long Range plans for Duncan Park that were presented to the Commission at the May meeting. The total cost estimate for the Immediate Plan is $36, 900 which includes renovation of the play apparatus area; all-purpose court; additional trees, shrubs and flowers; and informal soccer and football field. The long range plan which includes restrooms and shelter house was also discussed. Allen moved, Richardson seconded, that the Immediate Plan for Duncan Park be accepted as presented. Motion carried. (copy of site plan and list of improvements attached) Asst. Director Tapply reported that several meetings have been held with representatives from various service clubs concerning the proposedcommunity center. The Englewood Community Center Steering Committee has been selected and various committees have been appointed. The committees will meet and hopefully by mid- winter can present their findings to City Council. Asst. Director Kuhn reported on the progress for the second nine holes of the golf course. The contractor has asked for a fifteen day extension on the contract. The work is progressing very well and seeding should be done between September 15 and October 1. Asst. Director Kubn reported that plans are now being drawn up for the Centennial Park improvements and construction should start latter part of this fall. Asst. Director Kuhn presented the plan for the Handicapped playground to be • I • - • • • Parks & Recreation Commission Minutes of August 9, 1979 Page -3- • • • located in Bates-Logan Park. He said instead of making a separate area for the handicapped an existing one will be made accessible to them with drinking fountains, telephones, etc. placed to accommodate wheelchairs. There will be pathways to the shelter house, all-purpose courts, etc. for easy access by wheelchairs. The Department has been working with Craig Hospital on this project. Asst. Director Kuhn asked for suggestions from the Commission. The Commission stated this plan as presented is very good and thought working with Craig was a very good idea. Asst. Director Tapply reported that the Department will include 7th & 8th grade boys in the Jr. American Football program this fall. This is necessary because of the reorganization of the school system -Middle School for 6th, 7th and 8th grades. The present Jr. American program is for 5th a: 6th grades so this would leave a void in sports filr the 7th i: 8th grades. The Department will use the equipment from Flood 1: Sinclair Jr. High Schools for these boys. Asst. Director Tapply said that some of the new programs being offered this fall are Outdoor Recreation Adventure Series, Autumn Backpacking trips, Family Hikes, Public Swim at Sinclair Pool for the month of September, Basic Canoeing, Aerobic Dance and Exercise, Flag Football for Women, Round-the-World Cooking. Asst. Director Tapply presented the final draft of the 1979-80 Goals and Objectives for the Department to each Commission member. He gave a brief background on how these were developed. The Commission commented on the professional appearance of the report • The City Manager asked that the Commission review the 1980 Departmental ~ Budget Request and draft a letter concerning their feelings about the budget to be presented to City Council as part of the budget. The budget will be presented to the • I . - Parks & Recreation Commission Minutes of August 9, 1979 Page 4 Commission at the September meeting. • • • Mrs. Allen said that several people have talked to her concerning the problems at swim lesson registration. Asst. Director Tapply said the procedure has been revised and is now working much better. Further discussion concerning the Swim Team request ensued. It was the con- sensus that more programs whould be offered that would serve more Englewood people than are now being served by the Swim Team so the schedule as now planned for the fall and winter months should be followed. Allen moved, Howard seconded, that a letter be written to Mrs. Briles expressing this feeling of the Commission. Motion carried. 1be meeting adjourned at 10:00 p. m. • I . . - • • • • • • RECOMMENDED IMPROVEMENTS TO DUNCAN PARK The improvements recommended for Duncan Park are set out in an immediate plan and a long range plan. The immediate plan calls for play apparatus area, all-purpose court, and additional landscaping. The long range plan calls for a thorough reassessment for need for outside rest rooms and a shelter addition two to three years after the immed-iate plan is completed. I11111ediate Plan (A) Renovate the play apparatus area -$19,500 One of the most popular facilities in all parks. Closest play apparatus to this neighborhood is at Belleview Park and the schoolground play apparatus at Cherrelyn Elementary School . Construction costs will be for concrete curbing around the apparatus area, a low protective fence on the road side, adult swing bench seats, sand in the curbed area, irrigation revision, place existing overhead electrical wires under- ground, and the purchase of six to eight pieces of apparatus. Two to three area lights will be installed in the area. Location will be on southeast side of park near large trees for some shade. (B) All-purpose court-$7,500 Another popular facility found in all parks that offer basketball play, volleyball, and bad minton. Construction costs will be for a 80'x60' colored asphalt pad with one basketball goal and backboard on each end and two permanent volleyball poles, one on each side of the court. The court will be marked for basketball and volleyball play. Location will be south of building and a little to the west of the center of the building. (C) Additional trees, shrubs and flowers -$7,400 Construction costs will be for renovation of existing bad grass areas, irrigation hookup for a large gravel area south of the building and sodding of that area, the planting of additional trees, flowers and shrubs. (D) Informal soccer and football field-$2,500 This will be renovation of the large play area north of the building. Construction costs will be for removal of an existing large concrete circle walk, resodding of this circle area and removal of the flag pole. A small gate may be installed in the middle of the north fence to give better access to the field and building from the north side . Long Range Plan (A) Rest rooms Although no new outside rest roams are recommended at this time, serious consideration will be given to this possible improvement over a period of two to three years after the immediate plan is completed. If the need for such a facility becomes evident, consideration will be given to two rest room alternatives: One will be to renovate the existing east rest rooms in the south side of the building by closing off access from the inside and making a new entry from the outside. The rest roam walls and light fixtures will need to be redone to resist vandalism and the small size toilet fixtures I • - - • • • • -2- replaced with standard size vandal resistent fixtures. Cost for this alternative is estiaated at $10,000. The second alternative would be to construct outside rest rooms near the south end of the park. Estiuted cost would be $22,000. (B) Shelter When park users are in need of shelter during a sudden rain and wind, the overhang of the building will presently afford some shelter. Consid- eration will be given in the long range plan to enlarge one section of the building overhang to provide greater shelter, possibly at the southwest corner of the building. I . • _j ~ LLJ > 4: z 0 1- >- -< ...J w • '• -I PROPOSED DEVELOPMENT FOR DUNCAN PARK AS RECOMMENDED BY L PARKS & RECREATION COMMISSION AUGUST 9, 1979 -·-··--· ··--·------------·-. --·------------------- SO. PtA~L I I" - SOCC..E"R POI#ol ER POL£ J OvtlliiE""-D WIRIS . e --------------- L __ ~-·1d1 0 ALLoPVIIIPOIS i ~ "'1._ I -I COU'\T I ~~ )h ~ \AI ~"::~\} ~ --------------··-· ___ \> • --- S 0. P t N N S V L VAN \ A /-duncan ·---------·-----··--· -- park DWN~.<_ 4 z • • I I . • ...... • • r • • • II MINUTES ANIMAL CONTROL COMMITTE E August 13, 1979 The bimonthly meeting of the Animal Control Committee was held on Monday, August 13, 1979, at 7:00 p.m. Members present were Thad Carson, Joe Bilo, Dave Long, Howard Brown, and Harold Ambrosi e r. Absent were John Tidwell and Dr . Kim Stone. Mrs. Hattie Ambrosier was a guest. The minutes of the last meeting were read and approved. The committee then drafted a transmit tal letter to accompan y the ordinances presented to City Council. The recommendatio ns for the animal pound were also discussed, and the following changes were made: 1) Renovate the facilities at the a n imal pou nd and update th em to facilitate cats , dogs, and other animals. a) Enlargen the pound and detach the personnel office f rom animal runs. b) Install separate heating and cooling systems for the o ff ice and animal run s . 5) Council appoint a committee or o utsid conce rn to research the animal pound facilities . 8) Consider charg ing other municipalities for use of the pound, services and o pe rational cos ts, as well as a perc en tage for future capital improvement s in order to ope rate at a profit rather than a loss . The committee decided to send the entire package (t ran - mittal letter, recommendations, and initial draft of proposed ordinances) to the City Attorney for his final approval and have him pre s ent the package to City Council. City Council is to inform the Animal Control Committee as to when the s tudy session will be held. Meeting adjourned at 8 :4 0 p.m. Laura Ann Hind eraker, Secre tary 6 G I • - • • • • '1'0: FROM: DATE: • • • MEMORANDUM Honorable Mayor James Taylor and Med:>era of City Council Louis Parkinson, Municipal Judge~ August 10, 1979 6 H SUBJECT: MUNICIPAL COURT ACTIVITY REPORT FOR JULY, 1979 Attached is the Municipal Court Activity Report for the month of July, 1979. The report is being transmitted to keep you further informed of Court activity and requires no action by City Council. /b Att • I • - I • • • • • • • ~~~~~~~~~~ \C II I I 11' kii'UIII ......:!_ULY ___ , 19...22 --------------------- Ill 1'1 Mll ~ll!J k t I. S>•c ~lo--n....,.th-~-:----:::--;----­ l .. ,::.t r ... ·u r \lt u J,,t I U US Uun.',IU l ·tnt ·~----··-·-·· -··S O:,·t ~t !i,II U l '..tddtl~ Vt "J ..1t tuu I llh:~--------··-·-·-.!,3 11 ;i,Uu Cu ur·t C.J:o.c ::.---------------------------7 ,og,'i.uu Court Co ~t s---------------------------1,.!3j,UtJ Witu,·~s h .•c..·.,. •• ________________________ JUu.uu .lu t·y ,.,_.c ~------------------------------u- fkuuJ l:orfc i turc!O----------------------2'5 0 ,1JU llri~c.:r J•provcllk:nt Sd1uu J l·c:cs--------J.;5.tttl ,\ppcal ll.nn..J fcc..·s ------~----------------0- o\r·:,p:•hut: Cu w,ty (IIIJ I'S I ····-·--···· --___ .;1.:0._.~11 ~ • .:s I. ou t ,:W .J .uu to ,5:;l.nu J . ~J 3 1. su 1-1 ;;.11u ·U - ·11- ZIO.un -u- 'II J'J hi .S ---------------------·----·-------- -~'..:.'_.')_._,~_ I.J, lUI . 5 U Ar·r;, i cumcul s ----------------------.--- 1:ui ll y pleas ( 1n\·1 . ~ulu ph·:•s i- No r t:u; lty ph·: ... ·---------------- Cunt 'J o r F:d lt·cJ t o Appc . .,·------ 17 !'-. .!~1 7 fJ·I <>I Traffil· Vi oi :JI io u s Hur,·:au ------------- :;, (• Jisuu:o s:uh.,) t:u; lt y Jolca s -------------------- Nut t.;uiJty ph·as---------------- Trials schcdulc..J for .anth------------ Jurics schc..JulccJ (hclcJ)--------- Juri es cancelled---------------- Juri cs cont inucd---------------- .Juri es dj s11i S'icd---------------- Trials tu the Court (held)------ J'rct riaJ t:onff.•rcnccs------------------ Speci~ J Uearinas---------------------- Cases closed by dhposition----------- C.1Sf'S closed by Def. Pros./Sentence--- l>river School Attendance-------------- WHrrants and Executions i ss ued-------- Cases J)t!ndina (not inc I . p.1rkina )----- NO . OF CAS ES FIL[J) BY CATAC'.oRY : Nov in~: Viobt ion~--------------------­ .,arki "' VioJMtions-------------------- Othe r Ortlinancc Viol:t t iu u "------------ Uo" U rdino.~nl't• \'iol :ltlono;-------------- Colllp i :Jt nt s{C",t l:cn, su l cs t ;,.:, h i d~.)- 'I UTA!-' Re s pectfully J u h•ittcd. -~-' / ·, . ) --:7'__.-lfb (.t JZ~ l ~":)-?· (.--}/--1-!(J l·.;- I i S 1 :~ 5(, 14 7 14 12 0 133 90 (> 116 25 59 871 .H4 77g 2 1 .\4 1,1 70 185 (OJ 9 9 (I 0 (8) 176 9b 14 3Y %9 ~42 935 4~ 54 I ,:7~ I~IW \UA .I . JI1.1\S I Y .: t:lt·d . u f Mun i 1 ,. j p :tl t :u•u ·t cc: t.oui s fl.1 rk i nson, ~hm ici p :.l Judge lfonor:•hlc M:1yor .J ;11K~, Tay lor :mtl ~lc~~thcr <ii of C i t y Counc-il Anti)' Mt.:C..:vwu. ('it y J.l:.n :•J :cr Hc rn:1 rd Kcr:•rcJini, fity Attorne y l(ohc rt UoJJDc s , Chi e f of l'oJice h'11 J i:1m ll .. l :lltiC!", fl l rC'l'tOI' of ritl.'llh'(' f ':•r·u Jyuc .1. Hurtt l:l'l', l'ourt flliiiiJIII S t ·r :llnl (U) (14) 1,061 1,403 I l l (IS) 82 (10) 81 66 19 u 4 6 938 (48) 1,321 (81) 207 93 69 590 670 28 244 1 25 163 26 7 258 l ,OSh 1,01 5 5 ,32 7 6 ,115 12b 154 213 279 24 14 7 . 74 6 H,577 I • - • • • • • • 6 '' TO; City Mana~~ ¥cJiown FROM: DATE; Richard Sf~~h, Director of Community Development August 14, 1979 SUBJECT; Complaint re: Spruce Tree Shoppes by llr. c. A. Brown At the City Council meeting on August 6, 1979, prescheduled visitor Mr. C. A. Brown (a tenant in the newly constructed Spruce Tree Shoppes in the 3900 block of South Broadway) listed several complaints about the way that the City, pri- marily through its engineering and building inspection depart- ments, contributed to the delay and confusion in the con- struction. He was primarily concerned about the delay and hassle involved in dealing with the City and the negative ef- fect this would have on people wanting to do business within the City of Englewood. His specific complaints are as follows; 1. After the City approved drawings and plans for the building, including the drainage, and after construction was already underway, th.e City changed its mind and required the drain- age to go to South Broadway instead of to the alley as the plans indicated. This change required the reconstruction of portions of the side walls that were already constructed and a resultant loss of time and money. 2. Loading platforms and steps at the rear of the building were completed as per approved plans and then were required to be removed to make room for a fire lane. 3 . Final approval on a Certificate of Occupancy was withheld because the bathrooms did not have grabbars. These grab- bars were not indicated on the approved plans and, in any case, he could find no reference in the Code requiring this improvement for the handicapped • I I • - I ( • • • City Manager McCown August 14, 1979 Page -2- • • • 4 . The signs were originally approved when the permits we r e issued, but when tenants wanted to erect the s ig ns t he per- aits were refused because they did not aeet Code . 5 . City personnel told Mr. Southworth, the develo per , tha t going to the Board of Adjustment and Appeals was useless because it would take six months to a year for a decision, and that it was unlikely that the Board would approve this in any case. Regarding the first complaint: that the drainage plan was re- quired to be changed after the plans were approved and the building was under construction. The application for a permit and the plans were submitted to the City on February 9, 1979. On March 1, 1979, Rick Kahm approved the drainage plans as drawn. These as-drawn-plans show that the drainage was to be cal'ried out to South Broadway. On March 14, 1979, a foundation only permit was issued. This is usually done when problems remain with the final plan, but rather than hold up the entire project the builder is permitted to begin foundation work. The problems were resolved, and a permit was issued on April 10, 1979. The drainage plan as drawn and as approved shows the roof sloping towards the alley. Water would drain towards the alley and then be picked up by a drain that would carry the water to the front of the building and out to South Broadway. The actual as-built drainage is different. The roof now slopes towards South Broadway and water drains down the front of t he building. I am not certain why the change was made, but pre- sumably the contractor felt this was a better method. I can find no evidence that we required this change. Mr . c. A. Brown said it was necessary to rebuild some of the walls already constructed. From what I can discover, the wall s we re built before the final plans were approved. They were constructed under the foundation permit. Af ter they were con- s tructed, the contractor, developer or someone else decided to change the drainage plan, which required some reconstruction of the walls and roof. Regarding the second complaint: that loading platforms and steps had to be torn out • I can find no evidence that this was ever requi r ed. In fact, the steps and loading platform are constructed as approved. ' • I • • - I ( • • • • City Manager McCown August 14, 1979 Page -3- • • • Regarding tbe third coaplaint: that there are no requirements for the handicappea in restrooas. Section 17ll(b) of tbe Englewood Building Code states in part: "••••• Grab bars shall be provided on two sides or one side and the back of each toilet compartment ••••• " This is required in all occupancies except private garages, etc. and dwellings. The plans, as submitted and approved, clearly show that grab- bars were to be placed in each toilet facility. Regarding the fourth coaplaint: that the signs were approved and then rejected later. Spaces are indicated for signs on the approved plans, but are indicated with an inscription "Signs and Sign Mounting (Not in contract)." These spaces show on the front elevation but not on the side elevation. Since the signs were not in the con- tract and since a separate permit is required for signs, the permit and plans were approved. We did not believe that the signs were approved, but the builder assumed that they were approved. After re-examining the signs, we found them generally in con- foraance with the Sign Code as long as the canopy can support their weight. This was discussed with Mr. Southworth on August 14, 1979. Regarding the fifth coaplaint: that Mr. Southworth was mis- led by city st~n the Board of Adjustment. I can find no evidence of this. If Mr. Brown or Mr. Southworth can provide naaes or descriptions, I would be glad to pursue this further • gw • I • - • • • • • • llif'la.OI'RCI PWlOU- T~ Gary R. Diede, Director of Engineering Services ~ R. A. Kahm, Office Engineer DA11a t.ili'I\I (J,.ir :.;t (l: IJHi l\111rll1 'f ''I 'il 1 p:·:~H r-1 i (f'll (.t r·\~· .. :; , . 1 \'' "r1n AUS 1 ·-1979 August 14, 1979 SUIUECT• 3912-30 s. Broadway -Spruce Tree Shoppes Construction plans for the above were submitted to the City of Englewood for a building permit February 9, 1979. On or about February 13, 1979, I reviewed the site and drainage plan, which proposed ~ischarging the majority of the building and site drainage into the alley i~~~~~~ediately east of the property and also onto the property adjacent to the North. Since we do not allow ntorm water to discharge onto adjacent properties, and our records indicated that the alley behind this property is unpaved, I rejected the plan. I immediately contacted the architect, who had prepared the plans, and asked him to re-submit a site and drainage plan that would take all drainage, via a chase section, into Broadway, where the existing paved section and storm sewers could better accomodate thP. additional storm runoff. Upon receiving the modified drawing, I approved a proposed drainage plan for the development March, 1, 1979. In early May, 1979, I was contacted by Mr. Southworth, owner of the property, and questioned as to the amount of curb, gutter and sidewalk along s. Broadway that our department had required the contractor, Penner Construction, to replace.· Upon field inspection I found that almost the entire frontage had been replaced. The older concrete still remaining was broken up and in need of replace- ment. liowever, up to that point in time, the only concrete that our Department had ever required to be replaced was as per the original submitted and approved plan, which called for the installation of a new curbcut, the closing of an existing curbcut that would no longer be in use, and the installation of a chase section. I can only assume that the contractor replaced additional concrete of his own initiative, due to condition • field inspection of the development August 9, 1979, although f.i.nal drainage approval has never been requested, indicates a chase secti on has been cut through the walk area into South Broadway. uowever, it is not acceptable ., may be hazardous, and must be re-constructed to a design acceptable by the City. The adjacent pavement will then have to be re-graded so that drainage plan will fully utili~c the . :~ijc~~ /.-'!! Ki:n~ Office Engineer RAK:bjs ·--·~Rich wanush I • - - • • • • • l A C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AUGUST 20, 1979 AGENDA ITEM SUBJE~T Liquor License Renewal -Hotel/Restaurant THE WALDORF -4595 S. Santa Fe INITIATED BY_~C~IT'-!.Y....=C!!:L~ER~K~------------------- ACTION PROPOSED RENEW LICENSE -Hotel/Restaurant Police report attached I . • - • • - • SUGGESTED ACTION: MOVED BY I • SECOND l YES NO ABSENT • - - c • • • • • • MEMORANDUM TO : Mori lyn Irons, l~tlVtmue Division FROM: Cilptuin Ronuld Frazi e r DATE: July 30, 1979 SU BJECT: Liquor License Renewal Reports for Period of July I, 1978 through July I, 1979 LIQUOR BARN 4415 South Broadway Req uests for Pol ice Assistance Po l ice Initiated Actions Vio lation s of License Privilege SHAKEY'S PIZZA PARLOR 3281 South Santa Fe Drive Req uests for Pol ice Assistance Police Initiated Actions Violations of Licensing Privilege l<uq uu:,l ·, f c,r Po l ico A!:i!.i !.i l <.mc:c Pol ice Initiated Action s Vio l , I i,,,., n f LiLcn:.;inu Privi l o!JC (i ,J/,.:__ d?'~-· Captai n Ron Frazier ~ THC WALDORF 37 0 0 II 0 0 0 0 I • - • • • • • • DRL .0021REV. IOnBl STATE OF COLORADO DEPARTMENT OF REVENUE RENlWALAPPUCATION F01t IIAI.T, VINOUS ' ., ••••ov a ~ 0 0 lDCA ~ l 'CI .. SOOO<l ........ 0 .. ,,., .. lllt ovo..,to uooo 10 COLO IU,QO QC •t ¥1 .. UI Sf .. T t C••o•Ol ......... l ll'!o ............ ,, Ol '"¥l• COLO AND SPIIIfTUOUs LIQUOR L1CEN1D (GET APPROVAL Of LOCAL UC01S1NG AUTHOitiTY FIRST) FIFTEENTH ST INC •AlDORf THE 4595 S SANTA FE ENGLEWOOD CO 80110 00 IIIOT WfiiiT[ IN HHS S~'ACE LI QUOR ENFORCEMENT OFFICER "S ACTIO N APPROVE D DISAPPROVED ---·-Liti.I'IISft T[LE,."()NL N O I , F FIC [IIII 'SSu:;;trro~Al'tn{f'---~ L__LOC~l~~ENSI~~-~UT~ORITY ~?~Y-~ ~RTANT SEE INSTRUCTIONS ON THE REVERSE SIDE . MA KE CHECK OH MONEY ORDER PAYABLE TO THE .1 COLORADO DEPARTMENT OF REVEN UE . SSNo.l _ ----------SSNo.2 __ 'FEIN __ _ _ I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL A ... LICATION EXCEPT CHANGE OF MANAGER . TRADE NAME OR CORPORATE STRLICTURE. NEW TRADE NAME _ SIGNATURE __ Moili"'Acld ... IIF THERE IS A CHANGE IN OWNERSHIP DO NOT USE THIS FORM . USE AN ORIGINAL APPLICATION .I MANAGER 'S NAtJIE IF APPLICANT IS A CORPORATION , FILL IN REVERSE SlOE . ~ ~ NAME AND DESCRIPTION OF LICENSE " ~ I tiUTU ANO I\,£STAURUT LIQWR U~EN-SE--_ __:_·--:--.... _._J;IT'f' 15 PERCE~J -Q.~P-FE~ _____ _._f. If rented, effective • eJCpiration d8te of'- Is applicant(s) or all officer(s) of the corporation . citizen(&) or per,....nent resfdent(s) of the United States of A"*'ica and ColorMo1 _':/_c::5 ·-- Is the eppiK:ant , Of' any of the pertrwn. or any of the offic::en ,stockholderl or directors of uid epplic.Mt (If it is a corporetionl. or employees of any such, under the ... of hwnty-<)ne ygn1 Yes No Hes the applicant, or env of the pertrwn. or env of the offteer1, stockholders or d irectors of uid applicant (If it is ~~on) w.r ._;; ~;;- __ NoV v1cted of 1 crime in the State of Colorldo or els.where 1. If so , state full detaits ------ -------------H11the appliant. or any of the pertnert, or anv off1cer, d ~rect or or stockhofdef of N id epplicant (If it 111 corporation) .ver : Ia I been den ied 1 license under th11 hquor law1 Yes fb i hed an alcohol.c biW!ef ... ll unse suspended or revoked1 If the answer 11 vet, ••plain fully fattech Mperete sheet, 1f neededL Yes Do you or eny members of your finuly n.. a finenc: ... '"'*'"' in eny other liquor licenta7 (such f i"*'Ciaa int.,..t to ?=lude eny oquoty in-0< '-"!.II the.,_ IIYft. oajNin fully(----t. if~-Yn V Does eny penon, firm or corporMion .,.,. • finencial int_...., ewidenced .tdwf by kNns or equity OWMrlhip in 1M busineu for which m is licen• is I"OQUftlod? If the .,_ is v• • .._ ----omoun1 oiiUCII finenci~toreot ••P,.•IUd eithtf in doU•s or other items of velue, such 11 inwntory, fum 1ture. t i.ru,. end IQUII)mltnt. Yes No Loot then-ond odd,._, of oii[~JThoch ";J-;, 7/c~;:,;":;.r;;Tus qUftl-.. ontarostod. Neme a~.:.;J Addren •If Federer Employers ldent1fic Number IFEI NI IS pre-pr.nted in the above s-pec:e , ptMte check your rKords to IN 1f you have the same number . If yoo have a dtfferent number . correct the one 1bove so I hat '' corrnponcb Wtth your record, If no number appurs '" the abow SOICe . please f1ll '" w 1th the FEIN you have on your records . - • • • • • • IF THE APPLICANT II A CORPORATION,-lal,l~l.lcl,ltll ,lolend ltl. (o) Orf1nized u.-tile l8w of tile S-ot_-----------------.. Dote. ___ ---------------__ (bl Princi .. l busiMSS is conducted ot _____________ -----__ ~County oL ___ -------·· Stote of_ _________ _ (cl Dote of filing last onnuol cor-oto repon to the Socrftlry of Stote ______________ • Nome Homo Add,... City Dote of Birth ldiP.eskiOftl ' .1ltfl'l~ l(~ ~:.::.' JC::t~ 'iS~ I Month, Doy , Yoor ......::.,~~~,.,.t;:.,t~~' L--\J~~i..,__-:....QI~i!.!....(ljf{4LIU..lt~/~---..J+.;~F~??~-11~: (el S..M-v ~------------------------­Mo-·-------------- NAME HOME STREET NO .• CITY DATE OF BIRTH IThofol_i ,.offklooriltobo.....,. __ ,_,...by lnd _____ of.,..._Oio_bv~""'-1 STATE OF COLORADO l-· CL,. t, J' ~ ~ boio'lbvmoflm~n.Hf"'h-.--_,4hoiolho ____ , of.,...._...._. CIOI'JI0'8tioft ; 11wt he._r_. ._ ......... _.icMiof'land tt.t helll.ftOM protruJ ... t.cl bV tt• SUite O..tment of ,....,..,. in conn.aion ther-ilh. Subtc:rib«t and MOrn to ...,. ift4, t:A M• Commo H ion • ...,,., Q"t/IJ ./ ff~ « -f .~ ... ,.,~, REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY tMonuloctUNn, Who ........ lmpor18n ...cl I'IAI!ic Tref'llllll"8tlon Syaemo diftlord tllil.ctionl Tna foreeolne appdcetton hM ~ •emlt'Mid .fMi tM .,,..,..._ .,.,.,... conducted and c:Nracter of the IIPPIQnt lt •tl•factory , and we do ,..:110rt that~''-'-· If ..,..nd, will meet tM ,_Nib .. requlr.,...enu of the nelghbort.ood and the d•lr• of tha lnhllbltentl, and compl'-with the Pfovielon of Anlcle •7 , T it .. 12, C .fiii.S . 1173, .. amended . ·rHEREFO RE THIS APPLICATION !1 H£•E•V A~IIIIOVI:O . OATEO A TI _______ THII'-------DAV Of'---------, A .D .ll--------- (NAME OFTOWN,CITVO .. COUNTY)I _______________________________________ _ CMAVOIIII o• CHAI.MAN OF .OAIIIO OF COUNTY CO ... tSSIONI:IIIS Otlli OTHI:" TITLE OP LICENSING AUTHOIIIITY.) ATTIST1 (CL.I:"K Otlli HC"CTA"V Otlli OT .... IIII OPfliCI:tlli loiAVIHQ THI: OPP'ICIAL MAL Ofl THE L.ICI:NSIHQ AUTMOIIIIITV .t (If the Dr•m,... ar• IOCit• wttttln • town or dtr. ''-... _. • ..,owltftO.-. 1M...,...., •• .....-.... ._.,,If"' • __..,, ._. ._-. dlei~Mift Of tM ._.,.Of countv commttaloner~ ..-. ,,. cterk 10 tfM ...,.. n. •w _..,.....Of ottwwlll. I1W .._1 .._..... ....,ltW' • ..... ....., offtclel, tMft ~ •-.ro•l.--. .. _... bV tud'l offlc .. l) NOTICE TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME, IT IS IMPORTANT TttAT THIS DOCUMENT , WITH YOUR STATE FEE REMITTANCE, BE AT THE COLORADO DEPARTMENT OF REVENUE , STATE CAPITOL ANNEX BUILDING, 1375 SHERMAN STREET , DENVER , NO LATER THAN THIRTY 1301 DAYS PRIOR TO THE EXPIRATION DATE OF YOUR LICENSE . THIS DOCUMENT MUST BE IN THE HANDS OF THE LOCAL LICENSING AUTHORITY AT LEAST FORTY ·FIVE 1451 DAYS PRIOR TO THE EXPIRATION OF THE LICENSE . • I • - - • • • -· • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM Allt::IIC\T ?n 1 Q7Q SUBJE'CT Uquor Ucense Renewal -3.2 Beer-Class "G" SHAKEY'S PIZZA PARLOR-3281 S. Santa Fe I Nl TIATED BY ___ _,_C:...:ITc..:.Y_,C~l~ER:.::.K:__ _________________ _ ACTION PROPOSED_----!RE=NE!:.!:W~LI~C~EN~S~E~----.:::.3~. 2~Be~ec!..r---=.-~0~n'--'P!:...!re~m!:.i~s=es~-------- Police report attached • I . • - • • SUGGESTED ACTION: MOVED BY __________ _ I . SECOND----------,---- YES ___ _ _NO ____ ABSENT _______________ _ • - - (. c • • • • • • MEMORANDUM TO: Mdrilyn Iron s , f<c ven ue Division rROM: c .. ptn in Ro nil ld r r uz i c r DATE: July 30, 1979 SUBJEC T : Liquor License Renewal Report s tor Period of July I, 1978 thro ugh July I, 1979 Requests tor Pol ice Assistance Po l ice Initiated Actions Vi olations of License Privilege LIQUOH UAI<N 441 ~ Soulll Uiuu UW ilY SHAKEY'S PIZZA PARLOR ~-3281 South Santa Fe Drive Req uest s tor Pol ice Ass istance Police I nitiated Actions Violat ions of Licensing Privilege 1\c ;cpu :·.l ·, (c;l ' l'ul it..u A._.'....i·,f .Hi l.U Pol ice Initiated Actions Violntionr. of Licensing Privilege ( r..·· .. ?·,..~---~;t ----/f _J, ~~o·· Captai n Ron Frazier TH[ WALDOI~r • 37 0 0 II 0 0 0 0 ~/ , I • - • • • FORM OAL 40 1 (REV 1 '78 l • • • STATE OF COLORADO DEPARTMENT OF REVENUE llllfWat """''can• FGI l .Z% FE•E•TED •atT IREIAIE LICENSES lifT Af'PIIVIU. If LKIU. UCEISI.I AUTMDIITY FlllSTI LIQUOR ENFORCEMENT OFFICERS ACTIO . ~·· ~ .. s ..... ..... ~ .. ·~ ., ,._,..,.,T ... ( ... t •!\( .. l'l ~4'l ~·"·1 'I ........ l, Ill'S $ .. , .. " .. "'' Ot .... rtl COLO S~lo..t.YS lt..C SAioU fi:. ~riOoAU'S PillA p_.~L.U ft t. 'I' l I' U~l h .. Iii.. USt ~:)t.~ l:.J l l•ft•AfL OL.; 04LLAS T• 75~ol APPR OVED OIS APPA O'vEO -TANT SE£ INSTRUCTIONS ON THE REVERSE SIDE MAKE CHECK O R MONE Y ORD E R PAYAB LE T O lHE • CO LO RADO DEPARTMENT O F RE VENUE fii...:.NEWAL AP~LICAT IO"" FOAl .~ Fl:IIIIMENT£0 M .. l.T 8f\IE A4GE LICENSE fOR THE L ICENSING "£1'1 100 ENDIN G --, uSE ACCOUNT NUMBER f ~ U A.8 1LffV IPIIFQ~MA TION TOTAL FEE (S) A LL q[r£A[NC£ -, " .,., ,.., ,. u;"i:-~"';'"D-<';f ---.j SS No.1 SIGNATURE TYPE ,; tu Uvo 5dll ~ v9 00 7~ u9J7!jJ SS No.2 "FEIN I CERTIF y THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION EIICEPT C;'•ANGE OF MANAGER . TRADE NAME OR CORPORATE STRUCTURE . H 8 l ~ SA tolA Ft EN\.l c .,uoo Lu M.iling Addr .. IIF THERE IS A C HANGE IN OWNERSHIP DO NOT USE THIS FORM . USE AN ORIGINAL APPLICATION .! MANAGER ·s N AM E Wayne Wrfght IF APP LIC A NT I S A CORPORATION . FILL IN R EVERSE SIDE NAME AND DESCRIPTION OF LICENSE hi P(l. C.ll\i J oHt-kl ft.jl UCt:NS t Do vou have 'egal POSSession of the premises for wtuch thts apphatton for he~ IS mme? yes A'e the P'emoses owned o' tented> l"eflted If 'ented. eHectove . ellf),atton date of le-3/l/67 -2/28/07 FEE • t ~.JG ~ ' 2. • .!'::> h applicantfsl o r all off,cer(s) of the corporatton , c•t•zen(sl o r permanent reS~dent{sl of the Un ited States of A.menca and Colorado? NO Is the applicant, or anv of the partners, or anv of the off•cers, stockholden; or d•rectors of satd apphcant (If It •s a corporat•onl . or employees of anv such , uncler the age of twventv~ne yean;' No X Yes Has tr.e appl1 cant, or anv of the oanners, or any of the off1cers , nockhokjers or d1rectors of sa•d applicant (If •t 1s a corporatton l ever been con v+cted of a cnme 1n the State of Colorado or elsewhere?' Yes No X If so. state fu ll detatls Has the appli cant, or any of the partners, or anv offtcer. d •rector or stockholder of scud apphcant (If 1t IS a corporattonl ever fa) been den•ed a hcense under thts liquor law' Yes No X fb i had an alcohol1c beverage lice nse suspended or revoked ? If the answer 11 yes., eJCplatn full y latt.ch separate sheet, 1f needed) Yes X No Doe-s anv brewi! 1 or wholesaler have 1 f•nanc11t 1nterest , ev1denced tither by loans or equny ownersh•P 1n the bwu-.eu for wh1ch thtS license •s reoue:ned? If the anJWer 11 ves. state names and addresses and amount of such f1n1ncial Interest expressed e 1t h er 1n dollars or other 1tem5 of v~lue . 5uch as .nventory. fum•ture. fiJC tu res and equ,pment Yes No X -N.me-------8 usuw:ss -Address "11 Federal Employan ldent•hcal!on Number (FEIN I '' Pre-pnnted •n the above space, please check yatJr records to ~e 1f vou have the ~m e number If you have 1 different number . correct the one above so that It corresponds With you r records If no number appeen; .n the abow s pace, plene f 1tl '"with the FEIN you h1ve on your rf!Corrk • I • - - ( • • • • • • If TH E APPLICANT IS A CORPO RATION .• ,_ .. (ol . !b l. (cl . !d l . !el .o•.cl Ill 1 ···•"""..,! l.noe• t•P-a · n t 'hf' !::i lat~ ol -----Dela...a...re_ ________ _ ·v 1 .. :·..~ ... ""'",.. •!. .u .. ,, ...... ,. 11 _ _[)a]]&S ______ Cou•nv of d'•• u • "; tast ou1 •H ..... I ~..o r,,o <lH' reno t to th~ Secrf"'atv o+ Suott.> ___ AJ2.5JJ.Jj_ ________ ------- •1 0nlf' A nu'~" C ttV Date o~ Strth I j, ~· Dal1as, IX 2/4/29 0 O'JI ntR 1 L "T r'l R'i •L~:.t •'' tJ •u ... •ou C.u lc ~tS1 J 01 •e,lut•cd ov LiA) NAME HOME STREET N O & CITY Dallas Tx Richardson, TX Arlington, IX Denver, CO 6/1/46 8/14/46 11/6/44 12/6/53 D ATE OF BIRTH ~ Herbert Hun~tL._ __ _ 2500 first NAtioJWll~ldg. Dallas, IX 3/6/29 Jva_n L. Bielenberg JatleS R. Parish 7125 LuPton Dr, Dallas. IX 5/23/27 4214 Northcrest Rd .. Dallas, IX 9/27/46 •' :.11.1 1..l<h"llders 0~'\.f'UflY or CO n 1t O "a an v ot thtS cau•"ftl s toc~ o f t he CO•POti'tton (l"ctudr ac:tuJ~~I Ow"ler o• tlif'OQth:! l U!>e w.>r~<~•ate P[RC Ef\I T O f OATf- STr'ICt< O WNED 0~ B lAT H 1'• •' ~· '•' \·I'•<. ,, 11•l..t •t ''' •oJ o. _,,.,I ,·-cl '"' '"''-''"'HJL"il 1,., ••·Cl·v·du.!ll<; io t J u.:•C 'l rneoool•l'' o f fl.ollr\~tshtu'> and hy CO•~-JOii'llltOr I IC)TATE lH C J ~o:.'".;,DII I S'lME ~ 'lEX1\S I .. Dooald y:-S_tellerlse:n ____ --------------------------- -------------nf' nq t:l y mt> f ou t dl..l iV '"""'0111 11 t or hunsclt, d opO~(."S 3nd S..V"' • •' ''"' s the .tpp'o~ant Sf¥:mtaty_ -"l tho• •• huve n&!n~l l..fl• oO•at tOn, •hAl tH· nut. •t:-'n t tlc t o regO .•IQ at•!~ltca :o on ott\of tto;;n ne l...nows 11. r ••t ,, J th,..· <J l n o~'k''>' "'' I '''·'H• 1 t.'IC••fl ~~ •o r 'h a t P .,,,t: o t ,..,~own <•)0~1•·<.1\lC f'r d h~· ugr~ 10 c.ontorm •o 0)11 rult?t> anrl • ,,,.,.t..IQ-,h ·"1 tJV no• S l olto' O o·r··•' •e nt o f R(!von uE" n t.O•,•)~' on th"•••··~ott. •'"; I-. ·~· '<1 i l·lf '· o rn tu l>o•;t> I\< oo.tUu ... :s <:l t ,•i o I onu n ,betS 01 11"'''1"ftt sh o~ \L.,.t S1 gn "~"' ''·• ___ 22nd=~-- -_,.J__ure ,.,]9 _, · /,-;,(Z'?kr~.d'i~--- '':i·'' ,,.,of o•~-ii'.,,,, Otfia!r of Corporat;;;;;-r.orPORATE Sf ALl Siyn he<o,; ~·s ~-~~----------- •J•···· .• ~~J98_1 __ // .~.c ~····~ r --u. _ ..... _ .. C:;5$-s·""-~~i:!fe~-...C::~-=-----s~ .. tel••v l R£.1'\J RT AND APPROVAL OF LOCAL LIC ENSING AUTHORIT Y • · o•• .• •:."' ·r ·~ .. ,.. "''''" ''' F..ot f e 4 6 T•tl ... 1~ C S 1973 At.JJno.-r'"•*fi _ 1tltS __ _ _ OA., O f A:,) 19 _____ _ ------- MA'r i">-'t O R C"MAifU.~A "" flF BOA RD Of" COUN 1 V COM "'ISSIO N r ;;f SQ A OTM L R T ilL( C F I IC I f\.:$1!\IG A UTMO Rfl Y 1 AT r ts . ~-S£C~F .TAA Y U R OTH[flll OFF.C£A h AVIN G TH E. Of f"ICIA LSi:..A LOf T Pf ( LIC l NSING A U1 t10A 'TV 1 "'''"' n ,, tu.· .. ,.. u T'/, I hi> ..,l ,ovc j),Hov• 1.h01o0 c1 b so gn.a hv th1"' .. .,yc;,r Oilt'U c ler.. tf ou iill.Uun~y . 1h.,n Uy the t-h autrion o tht! ; OA•J It . by otC'I•I\.t'l; 01 01 t'1 e-•""' sa. tha ·t»c.•! t<.ensonq .l..,tno••t v '" SOJne othr• offu:,•l . NOTICE TO INSURE THAT YOUR LICENSE IS ISSUED ON T .. E. IT IS -ORTAIIT THAT THIS DOCUMENT. WITH YOUR STAT E FEE REMITTANCE. BE AT THE COLORADO DEPARTMENT OF REVENUE, STATE CAPITOL AIIIIUX IUILOIIIIG . 1375 SHERMAN STREET. OEIIIVER . 1110 LATER THAlli THIRTY 1311 DAYS PRIOR TO THE EXPIRATIOII DATE OF ~OU R LICENSE . THIS DOCUMENT MUST IE 1111 THE HAIIIDS OF THE LOCAL LICEIISIIIG AUTHORITY AT LEAST FORT Y FIVE (4§1 DAYS PRIOR TO THE EICPIRATIOIII OF THE LICENSE . I • - - • • -· • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM AUGUST 20, 1979 7 c SUBJE'CT Liquor License Renewal -Retail Liquor Store LIQUOR BARN LTD. -"15 S. Broadway INITIATED BY CITY rJ.ERK ACTION PROPOSED RENEW LICENSE -Retail Liquor Store License Police report attached • I . • - • • SUGGESTED ACTION: • I . MOVED BY __________ _ (~ , SECOND ___________ _ YES ____ NO·----ABSENT ________________ _ • • - • • • • • • • • TO: Mdri lyn Irons, Revenue Division FROM: Captain Ronald Frazier DATE: July 30, 1979 SUOJECT: Liq uor License Rone•al Reports for Period of July I, 1978 through July I, 1979 L I QUOR llARN 4415 South Oroad•ay Requests for Pol ice Assistance Police Initiated Actions Violations of License Privilege SHAKEY'S PIZZA PARLOR 3281 Sout h Santa Fe Drive Req u est~ for Police Assi stance Pol ice Initiated Ac~ions Violations of Licensing Privilege l<uq U<::. h I c >r Pu I icu 1\::.::. i :.I., nee Po lice Initiated Actions Vi o I ,, I i c,ro ::. of Li cen!; i ng Pr i vi I U!JU '"'~.:__ d:i~ Captain Ron Frazier ~ THE WALDORF 37 0 0 II 0 0 0 0 I • - • • • • • • • • DAL ~2 (PEV . 10ne1 STATE OF COLORADO f1f .I~ ... ,._.("">4l ·- ,._.OV&I &V'...a. , ••• •to .. -.r K .. o l0C0l0'"""'P0 .... , ... t~ 0 ....... .... DEPAITMENT OF IEVENUE I IIDIEWM.APPUCATIDII ... IMLT, W1DU1 .,....,..,.,.:z: UCfiiiD tcET .... AlfWLOCALUJJa~MST)' LIQUOR IU,_ LTO THE "US IOWAY EtiK4 ft«)OO CO ll-US6l 10110 I D O N OT WRITE IN T ,_.tS SP4Cf LIQUOR ENFORCEMENT OFFICER 'S ACTION APPROVED DISAPPROV ED ~OCAL_ LIC~NSING AU!~ITY COPY .-oiiT AIIIT SEE INSTRUCTIONS ON THE REVERSE SIDE MAKE CHECK O R MONE Y ORDER 'PAYAB LE TO T HE COLORADO DEPARTMENT OF REVEN U E. fiiENEWAL ArPLICATION FOR UQUOR LICENSE FOR THE LICENSING P'ERIOD ENDING F LIAIILITV ''"o-ATIO>l :~ US( ACCOUWl --~ 'Ofl A U "HEIIII(NC[ ll-U56l jl~~~~: J5~;~ J~~ 10;~·~·;~ :1 SSNo. 1 SSNo. 2 __ .FEIN NEW TIIAOE NMIE SIGNATURE ----. r 0913980 TOTAL FEE(S J (IF THERE IS A CHANGE IN OWNERSHIP DO NOT USE THIS FORM . USE AN ORIGINAL APPLICATION .I MAfrltAG£R'S NAME IF APPLtCANT IS A CORPORATION , FIll IN REVERSE SlOE . NAME AND DESCRIP110N OF LICENSE RUAI~ .LIQUOR STORE LICENSE -IUUe SP'R ITUOUS -----~~--4-------~' VI HOUSe AND I ~ITY IS PER~ffiiJ OA~-~~f _______ t so.o_p 1 -------'---~' _ll_1. ~ Do v<><~ n..., lotlol-..., of me--for ''''"ell this _.ICM•on for IC.. is -1 _"if! j Are the prem,.., owned or reniN? e~&~-..J -· If rwntea , effacutte a el&pfration ca.te ol-. __ , ---------- lo opplantlsl or oll offi .. rlsl of the -•lion, citi-lsl or permanont ••-•W of me United Sta ... of Aftwico-Coio<-1 -;~"""''"----I Ism. ..,l~eant . or anv of the pert,..,., Of anv of tN officers, stockholders or directors of uid appticent (ff it is a corporMiof'll . ____ No~- Has the applicant, or any of the PlirtMrs, or .,V of the f?Hicers . stoc:kftolden or d•recton of uid applicant (tf it 11 1 corpcw.w:ionl ewr a-n con- VICted of. crime in me State of Cokwado Or ellt'Wftere? v. ---Nov~---- If 50, sr.te fu ll ~i ls ' Ha~ the appllc.nt, or ..-v of the pertf"t¥1, or any offic., director or 110Ckholder of •tG aprplignf (If 1t is 1 c:otpOr'lltion) ...,.: l1l been denied • hc:ense under thtt liQUOr a.w? Yes --I If the anMer,. ves . ••~Min fully (Mtactt Mper•elhNt, if "-ded). Do vou or--.of y..,, 18mity "-• fi-.c.., in-in .,Y o-1-..-limnoo7 (...., ,......._. in-10 inctudo .,v oquoty ,,_or '-Ill. If tho-11 vet, hplain fullv IMtec:h ---t. if...-.. YM o----·f ..... Of_ ..... -. fi-.cial i-.... --..._by -.Df .... ity-ipin ,........._ for wtolCh this lie.,,. io -1 If me-io voo. -------of...., f-. tnt..., .. _ .. -in dot ... oro-•-of woluo,...., • i,_,10rv, tum"-. fiatu--equi-L v .. L••-----of•l --inwtoocll-ofme-;ntloe-iou&q ... oon-•n-. No No X No Y-. N.me Bustnns Addreu 'If F-al Employef1 ldenllfoCMIOn Number !FEIN I '' l>rO"Pf•ntld on the-lpiU, P'-e dleck vour r-ds to-1f you-tho- number tf you hew 1 dt"...-.,.' ~-correct the one Mxwe 10 mat tt correspond& with your recorcfl tt no number ..... ,. •n the abo'410Ke. p-.e f•ll '" Wttft the FEt"' vou .....,_on YOtlf recoufs . I --I I • - •• • • • • • • • tdl ,..-· &auUJ& c J".scL, =··'±ii@f ~--------------------------------------------DI .. £CTCJftS · Uoo .. D-IM-1 .. -by '-I IT ... I-... off-tobo ...... ___ by ____ .. __ by~ .... .l STAT£~ CDI.DRADD County of ll,,,.w. . l-· ~fl ~;_i.--~ ....,.bymol...:duly-n.lff:>:~-;-... ;,tho ___ : Of 1Mt... ).J.ii;i. -................. corporwtiof'l; tNt he ...... the fort~~~Dt .. .....--.... , ............ (T" .. , tfte cont.ma tftereof . .-d tMt .et _..,. 11M "'""" ....,.... • for'lh •• tr• of hil a.n lr.~ 8ftd ftl ..,_ to C!Oflform to all ru._ Mid ,...,...ION promu'aated by '"N Stat~~~ of ""-"we in ~ion..__ ... -~·-.,""".....L .. ____ __, ..... -~!QI=l~~L.-.. ,J!l , __ .. _ ... __ ~·-·- REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (Manuf..:tU<en, Wholeuleu, ,_,...and Public Tr.._ution SyoUm~ ditr-d this section) The tOr._oine •ppdcat•n ha ~ _ _......_. .nd the '"*"'-· bu.i,_ conducted end charaaer o f the applic:ent ia att.fector y , end •• do repon th• ~ li ~. H .,..ted . w ill meet the,...,....., .. r-.ui rernenta of the neighborhood end thed-'r•of the inn.biUnts, end compl .. w itft tfte prow~ of Art•et••7. T it. .. 12, C .R.S .1873, •emended . T HER EFO RE THIS A~ICATION 15 te•UEeV A .... OVED . DATED A ~'-------THIS------DAV ~--------·A.D . 11•-------- (NAM£ O F TOWN, C I TY OR COUNTY)------------------------------------ (MAVO• OR CHAUIMA,_. OF .CAitO 0P COUNTY CO...Ut5110N~ .. S 0" OTH&A TITL.I[ Of L.ICENSIHG AUTHO .. ITV.) ATTUT r CCLE,U< Olt ICCitETAitV Olt OTHER Of'lliC~It HAVING THE OfJP'ICIAL KAL Ofl' THE LIC::£H5tNQ AUTHOIUTV .) tu .... ..,...,... .,. ~~ _..,..,. • ._ • atr, t-. .... ...,._,..._.. .. .._...-. , .. ~ ... cfllrtll;, tt M• co.Mr, ..._ ~..., ~,....,_ Olf ... ...,.. Of co"'"~ C!Dfft,....__.. MMI tM Gerll to ttw -.... 11 , •~ _.......,..Of.....,..._, tM toce1 ,......._ • ......,...., tt _.. etfter Olffl ciet, ttwtM.Cft .....-o.et .-.... M _.._,,...cftott•~L) NOTICE TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME, IT IS IMPORTANT Tl-tAT THIS DOCUMENT , WITH YOUR STATE FEE REMITTANCE , BE AT THE COLORADO DEPARTMENT OF REVENUE , STATE CAPITOL ANNEX BUILDING, 1375 SHERMAN STREET , DENVER , NO LATER THAN THIRTY 1301 DAYS PRIOR TO THE EXPIRATION DATE OF YOUR LICENSE . THIS DOCUMENT MUST BE IN THE HANDS OF THE LOCAL LICENSING AUTHORITY AT LEAST FORTY -FIVE 1461 DAYS PRIOR TO THE EXPIRATION OF THE LICENSE . I • • - • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT August 15, 1979 7 D Central Colorado Library System Letters of Agreement -Reciprocal Borrowing Program INITIATED BY Englewood Public Library Board ACTION PROPOSED Approval of the Letters of Agreement (Recoanendat:ion attached ). INTRODUCTION Attached are two Letters of Agreement with the Central Colorado Library System, the regional library system in which the Englewood Public Library participates . The Letters constitute a continuation of the reciprocal borrowing program which in present form has been in effect since October 1, 1976. II BACKGROUND The two Letters of Agreement contain the same wording, but cover different time periods. The agreements entitle persons holding Englewood Public Library Cards to use the circulating collections and services of participating libraries (Attachments A & B). In turn, residents holding cards from these participating libraries may use the circu- lating collection and services of the Englewood Public Library. FINANCIAL The Englewood Public Library is reimbursed at the rate of $.55 per net trans- a c tion (items loaned minus items borrowed). Total income generated by the attached agreements is $15,942.85. This is based on net transactions which occurred during the period July 1, 1978 through June 30, 1979. (Please see Attachement A). The agreements do not include reciprocal borrowing activity wit:h the Arapahoe Regional Library District . We contract separafely with the District . RECOMMENDATION Library staff recommends approval of the Letters of Agreement with the Centra l Co lorado Library System. The agreements generate in come for the City without substantially increasing the Library Department's investment in personnel or c ir c u l at:in~ collection. The reciprocal borrowing program affords Englewood residents direct ac ce ss to materials owned by the participating libraries whicb are not available at the jw6 Englewood Public Library at the rate of $.55 per loan. The cost of indirect acces s ~through established Interlibrary Loan procedures is $4.00 per loan . • I • • - • • •• • SUGGESTED ACT I ot4: MOVED BY I . . r SECOND YES NO ABSENT • - - • • • • RECOMMENDATION The En&levood Public Library Board voted uani.oU&ly at the regular .eeting on Auguat 14, 1979, to reco..end that the City Council approve and authori&e the Mayor to sign the attached Letten of Agree.ent between the Library and the Central Colorado Library Syste•. Tbeae letters cover the periods: October 1, 1979 through Dece.ber 31, 1979 and January 1, 1980 through Septe.ber 30, 1980. I • • - - • • • • .Central Colorado Library System Reciprocal lorroving Prograa Prriod: 1/1/80 -9/30/80 • • • LETTER OF AGREEMENT Tbe Englewood Public Library agrees to partic i pate in the reciprocal borroving progr-adainiatered by the Cea.tral Colorado Library Systea startiq January 1. 1980 tbroqb September 30. 1980. The Fnalemod Public Library will recei-$11,957.14 froa the Systea to reim- burse the library for net credit transactions for the period described above. In receipt of this payment. the En&l~ Public Liburv shall permit all persons possessiq a library registration card froa any public library in the reciprocal borrowin& proar-to use the circulatiq collections and services of the Eualewood Public Library In turn. all persons holding a public library registration card of the Ea&lewood Public Library are entitled to use the circulatina collections and services of all public libraries participating in the reciprocal borrovi.ng progr-. We understand the reiabursement to the Englewood Public Library has been calculated froa previous transactions incurred froa July 1. 1978 through June 30. 1979. Tbe library staff will subait aonthly reports to the System of their recipro- cal borrowing transactions for this progr-period. These reports may be used to calculate progr-costs for subsequent years. We understand this agreement is not valid unless all libraries listed in Attach- aent A and B accept siailar agreements. If one of the libraries rejects the agree- aent • a revised proposal will be offered. Sianed. ____________________________ _ I • • - - • • Central Colorado Library Systea Reciprocal Borrowing Progr- P~riod: 10/1/79 -12/31/79 • -· • LETTER OF AGREEMENT Tbe Englewood Public Library agrees to participate in the reciprocal borrowing progr .. administered by the Central Colorado Library Syst em starting October 1, 1979 through December 31, 1979. The Englewood Public Library will receive $3,985.71 from the System to reimburse the library for~redit transactions for tbe period described above. In receipt of this payment, the Englewood Public Library shall permit all persons possessing a library registration card from any public library i.n the reciprocal borrowing program to use the circulating collections and services of the Englewood Public Library In turn, all persons holding a public library registration card of the En&lewood Public Library are entitled to use the circulating collections llDd services of all public libraries participating in the reciprocal borrowing progr ... We understand the reimbursement to the Englewood Public Library has been calculated from previous transactions incurred from July 1, 1978 through June 30, 1979. The library staff will submit 1110nthly reports to the System of their reciprocal borrowing transactions for this program period. These reports may be used to calcu- late program costs for subsequent years. We understand this agreement is not valid unless all libraries listed in Attach- ment A and B accept similar agreements. If one of the libraries rejects the agree- ment, a revised proposal will be offered. Signed. ____________________________ ___ I • • • - • • - Attachment A Re c iprocal Borrowing -Creditor libraries dur ing billing pe r iod 7/1/78 - 6 /30/79 Formula used to determ.ine net debtors/credi t ors: Loan ed -Borrowed • Net differential items, credit o r debt. Formula then a pplied to net creditors: Loaned -Borrowed -1% total circulation of creditor library x 5 5c rei mbursemen t Broomfield ~ Littleton Loan-Borrow • Loan-Borrow c Loan-Borrow Total Month Net Credit Net Credit Net Credit Jul y 78 474 16,224 1,816 20,036 Aug 626 15,338 2,031 1,029 19,024 Se p t 516 12,954 2,867 1,004 17,341 Oc t 534 16,590 2,628 1,234 20,986 Nov 636 15,516 2,857 1,141 20,150 Dec 319 11,398 2,055 735 14,507 J an 710 17,021 3,142 1,588 22,461 .. Feb 395 19,729 2,633 1,860 24,617 Mar 1,049 21,681 3,228 1,435 27,393 Apr 480 18,434 2,505 1,214 22 ,633 Hay 681 18,723 3,061 1,382 23,847 J une 556 151266 __bill_ ~ 19 1841 Total Net Credit 6,976 198,874 31,247 15,739 25 2 1836 -1% Total Cir cul ation -1,241 -281333 -2 1260 -2,503 -34,337 • 5,735 170,541 28,987 13,236 218,499 X 5 5 ~ X .55 X .55 X .55 X .55 X .55 Reim-$3,154.25 $93,797.55 $15 ,942:8 5 $7,279.80 $1 20,174.45 bu r s ement I • • System pays 50% -$ 60,087.23 Debtors pay 50% -601087.22 $120,174.45 • - • • • • • Attachment B Reciprocal Borrowing-Debtor libraries during billing period 7/1/78 -6/30/7 9 41' Formula for computing amount owed to creditor libraries: • Loaned -Borrowed -1% total eirculation x SSe c Amount owed t o this library. ----------------------------------------------------------------------------------- The costs for FY 1980 are based on actual transactions July 1, 1978 -June 30, 1979. ----------------------------------------------------------------------------------- DEBTOR LIBRARY Adams County TOTAL DEBT: System pays 50% • Debtors pay 50% • Deficit $120,174.45 $60,087.23 $60,087.22 % total ~ transactions deficit July 930 Aug 1309 Sept 827 Oct 1234 Nov 1466 Dec 840 Jan 1016 Feb 1027 Mar 1685 Apr 1459 May 1573 June 887 14253 05.64% TOTAL DEFICIT TRANSACTIONS 252,836 Total Total owed X owed by this l ibra r v X $60,087.22 2 $3,388.92 ARLD July 4328 Aug 3788 Sept 3270 Oct 3808 Nov 3834 Dec 3116 Jan 4220 Feb 4171 Mar 5082 Apr 5263 May 4885 June 3718 49483 19.57% X $60,087.22 -$11,759.07 • I • • - • • - - 2 - DEBTOR · Deficit % total Tot al Total owed • LIBRARY ~ transactions deficit X owed by t h is library Aurora July 2284 Aug 2257 Sept 1842 Oct 2335 Nov 1826 Dec 1495 Jan 2707 Feb 2843 Mar 3056 Apr 2663 May 3321 June 2566 29195 11.55% X $60,087.22 -$6,940 .07 Bo ulder July 107 Aug 339 Sept 289 Oct 446 Nov 316 Dec 326 Jan 208 Feb 457 Mar 499 Apr 239 May 255 June 283 3764 01.49% X $60,087.22 -$895.30 Douglas Co. July 1292 Aug 1390 Sept 1227 Oct 1144 Nov 1178 Dec 905 • Jan 1149 Feb 1488 Mar 1365 Apr 1 095 May 1 385 J une __ill. • 14613 05.78% X $60,087.22 -$3,473.04 I • • • • - • • - 3 - DEBTOR Deficit % total Total Tot al o,;ed • LIBRARY Month transactions deficit X owed by this library Georgetown July 7 Aug [5] Sept 7 Oct 14 Nov 51 Dec 22 Jan 11 Feb 70 Mar 14 Apr 14 May 37 June 24 266 00.11% X $60,087.22 = $66.10 Gilpin Co. July 0 Aug 0 Sept 0 Oct 15 Nov 16 Dec 26 Jan 32 .-Feb 76 Har 39 Apr 27 Hay [8] June 41 264 00.10% X $60,087.22 -$60.09 I daho Springs July 567 Aug 95 Sept 569 Oct 129 Nov 89 Dec 84 • Jan 121 Feb 27 Mar 278 Apr 131 May 290 June 323 • 2703 01.07 % X $60,087.22 -$642.93 I • • • • • - • • - 4 - DEBTOR Deficit % t otal Total To t al o~ed • LIBRARY Month transactions de ficit X ow ed by this l ibrary Jeff Co July 9959 Aug 9112 Sept 8751 Oct 11145 Nov 10553 Dec 7186 Jan 12095 Feb 13494 Mar 14356 Apr 10801 Hay 11976 June 10886 130314 51.54 % X $60,087.22-$30,968.95 Lafayette July [34] Aug 10 Sept 45 Oct 0 Nov 18 Dec [ 8] Jan 27 Feb 1 Mar 17 Apr 2 Hay 25 June _Q 103 00 .04% X $60,087.22 -$24.03 Longmont July 55 Aug [ 8] Sept 52 Oct 46 Nov 18 Dec 10 • J a n 68 Feb 233 Mar 92 Apr 55 May 71 J une 24 71 6 00.28% X $60,087.22-$1 68 .24 I • • • • - • • -5 - DEBTOR Deficit % total Total ' Total owed • LIB RAllY Month transactions deficit X owed by this library Louisville July 9 Au a 8 Sept 18 Oct 17 Mov 5 Dec 41 Jan 32 Feb 47 Mar 33 Apr 17 Hay 31 June 2.Q. 308 00.12% X $60,087.22-$72.10 Weatllinllter July 532 Au a 729 Sept 444 Oct 653 Rov 780 Dec 464 Jan 775 Feb 683 .-Mar 877 Apr 867 Hay 6 Juoe 44 6854 02.71% X $60,087.22-$1,628.36 TOTAL 252.836 $60,087.20 • I • • • - • • • • • C 0 U N C I L C 0 H H U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT August 15, 1 Cf79 Improvements at Duncan Park INITIATED BY Cirireos liylpg pear Duncan Park ACTION PROPOSED __Approval of improvements and to secure funds to carry out improvements Introduction A request was made by City Manager and City Council to the Englewood Parks & Recreation Commission to study possible improvements to Duncan Park and make recommendation on their findings. Background Information A group of citizens near Duncan Park requested that park improvements be made at the park saying that this section of the city did not have the same caliber of parks that other sections were enjoying. To satisfy the request for restrooms, San-G- Lets were placed at the park. Other citizens strongly objected to the San-G-Lets. 'The city held three open public meetings to determine what the citizens wanted. The City Council referred the results of these meetings to the Parks & Recreation Com- mission for their consideration. Financial Details 'The COmmission recommended an immediate plan and a long-range plan. The Immediate Plan calls for expenditure of $36, 900 for play apparatus, all-purpose court, landscaping and an informal soccer and football field. The long-range plan calls for restrooms and shelter that will cost from $13,000 to $23, 000 depending on whether separate restrooms are constructed or if the inside restrooms are renovated with outside entry doors. (please see attached sheet) Legal Opinion None needed Pro and/or Cons 'The need for a complete park within walking distance for this neighborhood is great. Since the possibilities of the park being enlarged or obtaining a large park are slight, it is wise to nae the existing one more usable and attractive and offer facilities that are not now available. The additional money to improve the park is small compared to the additional programs and activities that the people will enjoy and appreciate in this area. 'The only contrary factor is the finding of the I • - • • • • • funds for the improvements. Conclusions and Recommendations It has been conclUded that DUDCan bnprovements are overdue and is a good investment for the future. It is the recommendation of the Englewood Parks & Recreation Com- mission that the City Council place the funds for improvements to Duncan Park in the Six Quarter Budget • SUGGESTED ACTION: MOVED BY ____________ _ SECOND __ ~------------ YES ________ ,NO _____ ~ABSENT _________________ __ • I . • - • • • • • • • ., -- RECOMMENDED IMPROVEHEliTS T O DUN CAN P ARK The improvenents recOIIDended for Duncan Park are set out in an immedia ·c plan a nd a long range plan. The imaediat e p lan calls for play apparatus a r ea , all-purpose court, and additional landscaping. The long range plan calls for a thorough r eas sessme n t f or need for outside rest rooms and a shelter addition two to three ye ars aft e r the i mmed- iate plan is ca.pleted. r-diate Plan (A) Renovate the play apparatus area -$19,500 One of the most popular facilities in all parks. Closest play apparatus to this neighborhood is at Belleview Fark and the s choolground play apparatus at Cherrelyn Elementary School. Con s t ruc tion costs wi ll be for concrete curbing around the apparatus area, a low protecti ve f~nce on the road side, adult swing bench seats, sand in the curbed area, i .:rigation revision, place existing overhead electrical wires unde r- ground, and the purchase of six to eight piece s o f a ppa r atus . 'l'wo tu three area lights will be installed in the area. Location will be on southeast side of park near large trees for some shade. (B) All-purpose court -$7,500 Another popular facility found in all parks that offer basketball play, V•>lleyball, and bad minton. Construction costs will be for a 80' x60' colored asphalt pad with one basketball goal and backboard on e ach e nd and two peDaanent volleyball poles, one on each side of the court . The court will be marked for basketball and vollcyhal.l. r>la y. Lo c at i on w.i.ll be !.loulh of l.lui.Lding and a l.i.t;t;!c t;o the wc ;;t or the cc n Lv r u ( th e building. (C) Additional trees, shrubs and flowers-$7,400 Construction costs will be for renovation of exist i ng bad grass areas, irrigation hookup for a large gravel area south of the buildi ng and sodding of that area, the planting of additional trees, flowers and shrubs. (D) Informal soccer and football field-$2,500 This will be renovation of the large play area north of the building . Construction costs will be for removal of an existi ng large con c rete circle walk, resodding of this circle area and removal of the f lag p ole . A small gate may be installed in the middle of the north fence to give better ar.cess to the field and building from the north side . Long Range Plan (A) Rest rooms Although no new outside rest rooms are recommended at this time, serious consideration will be given to this possible improvement over a period of two to three years after the immediate plan is completed. If the n~ed for such a facility becomes evident, consideration will be given to two rest room alternatives: One will be to renovate the existing east rest rooms in the south side of the building by closing off access from the inside and making a new entry from the outside. The rest room walls and light f i xtures will need to be redone to resist vandalism and the small s i ze toilet fixture s I • - - • • • • -2- replaced with standard size vandal resistent fixtures. Cost for thi~ alternative is estimated at $10,000. The second alternative would be to construct outside rest rooms near the south end of the park. Estimated cost would be $22,000. (B) Shelter Mhen park users are in need of shelter during a sudden rain and wind, the overhang of the building will presently afford soae shelter. Consid- eration will be given in the long range plan to enlarge one section of the building overhang to provide greater shelter, possibly at the southwest corner of the building. / I . - - • • J • z 0 1- >- < w L I' i I i I -- S ·H.C.E It L=_ _____ ... .. I • • • PROPOSED DEVE ENT FOR DUNCAN PARK AS RECOMMENDED BY PARKS & RECREATION COMMISSION AUGUST 9, 1979 0 ---··--·----·---------- S 0 . P t A R l S 0 . P t N N '2. '( L V A N I P. "-:uncan · park - • • • • • BY AUTHORITY ORDINANCE NO.~~ SERIES OF 197_9 __ __ 8 A COUNCIL BILL NO. 30 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE AMENDING SUBSECTIONS a. AND b. OF SECTION 22.7-7 (SIGN CODE) OF THE CITY COMPREHENSIVE ZONING ORDINANCE (ORO. NO. 26, SERIES 1963, AS AMENDED) BY ADDING NEW SUBSECTIONS THERETO AUTHORIZ- ING THE PLACING OF POLITICAL SIGNS IN CERTAIN RESIDENTIAL ZONED DISTRICTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOO D , COLORADO, as follows: Sec tion 1. That Subsections a. and b. of Section 22.7-7 of the City Comprehensive Zoning Ordinance (Ord. No. 26, Series 1963, as amended) is hereby amended by adding new subsections thereto to read as follows: 22.7-7: Signs Permitted in Enumerated Zone Districts. Upon application to and issuance by the Division of a permit therefor, the following signs, but no others, may be erected and maintained in the enumerated Zone Districts. a. Low Density Residential Districts: R-1-A, R-1-B, R-1-C, 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) PERMITTED TYPES OF POLITICAL SIGNS. WALL, WINDOW AND GROUND. (b) PERMITTED MAXIMUM NUMBER OF POLITICAL SIGNS . TWO (2) SIGNS FOR EACH LOT. (c) PERMITTED MAXIMUM AREA OF POLITICAL SIGNS. NOT TO EXCEED TWELVE (12) SQ. FEET TOTAL SIGN AREA. (d) PERMITTED MAXIMUM HEIGHT ABOVE GRADE. SIX (6) FEET. (e) PERMITTED LOCATION. SHALL BE WITHIN BOUNDARY LINES OF LOT ON WHICH SIGN IS LOCATED.· (1) SIGNS ON PUBLIC UTILITY POLES PROHIBITED. (2) SIGNS CANNOT INTERFERE WITH PUBLIC RIGHT-OF-WAY • • I • • - - • • (' • (f) PERMITTED ILLUMINATION. SHALL NOT BE ILLUMINATED. (g) ANIMATION. SHALL NOT BE ANIMATED. • • • b. High Density Residential Districts: R-3. 11. POLITICAL SIGNS. SUBJECT TO THE CONDITIONS HEREIN- AFTER 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) PERMITTED TYPES OF POLITICAL SIGNS. WALL, WINDOW AND GROUND. (b) PERMITTED MAXIMUM NUMBER OF POLITICAL SIGNS. TWO (2) SIGNS FOR EACH LOT. (c) PERMITTED MAXIMUM AREA OF POLITICAL SIGNS. NOT TO EXCEED TWELVE (12) SQ. FEET TOTAL AREA. (d) PERMITTED MAXIMUM HEIGHT ABOVE GRADE. SIX (6) FEET. (e) PERMITTED LOCATION. SHALL BE WITHIN BOUNDARY LINES OF LOT ON WHICH SIGN IS LOCATED. (1) SIGNS ON PUBLIC UTILITY POLES PROHIBITED. (2) SIGNS CANNOT INTERFERE WITH PUBLIC RIGHT-OF-WAY. (f) PERMITTED ILLUMINATION. SHALL NOT BE ILLUMINATED. (g) ANIMATION. SHALL NOT BE ANIMATED. Introduced, read in full, and passed on first reading on the 16th day of July, 1979. Published as a Bill for an Ordinance on the 18th day of July, 1979. ~~ a Read by title and passed on final reading on the -fo~ay o f _utJAk , 1979. ~ished by !""le as Ordinance No • .Jf.t. , Series of 1979, on the day of '-"Uf4~/ , 1979 • At t est: Mayor De puty City Clerk -2- I • - • (t • • • . t • I, Janice L. Watkins, Deputy City Clerk, 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. Deputy City Clerk I • - • (t • ORDINANCE NO.~ SERIES OF 1979 • • • BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE AMENDING SUBSECTIONS a. AND b. OF SECTION 22.7-7 (SIGN CODE) OF THE CITY COMPREHENSIVE ZONING ORDINANCE (ORO. NO. 26, SERIES 1963, AS AMENDED) BY ADDING NEW SUBSECTIONS THERETO AUTHORIZ- ING THE PLACING OF POLITICAL SIGNS IN CERTAIN RESIDENTIAL ZONED DISTRICTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Subsections a. and b. of Section 22.7-7 of the C1ty Comprehensive Zoning Ordinance (Ord. No. 26, Series 1963, as amended) is hereby amended by adding new subsections thereto to read as follows: 22.7-7: Signs Permitted in Enumerated zone Districts. Upon application to and issuance by the Division of a permit therefor, the following signs, but no others, may be erected and maintained in the enumerated Zone Districts. a. Low Density Residential Districts: R-1-A, R-1-B, R-1-C, 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) PERMITTED TYPES OF POLITICAL SIGNS. WALL, WINDOW AND GROUND. (b) PERMITTED MAXIMUM NUMBER OF POLITICAL SIGNS. TWO (2) SIGNS FOR EACH LOT. (c) PERMITTED MAXIMUM AREA OF POLITICAL SIGNS. NOT TO EXCEED TWELVE (12) SQ. FEET TOTAL SIGN AREA. (d) PERMITTED MAXIMUM HEIGHT ABOVE GRADE. SIX (6) FEET. (e) PERMITTED LOCATION. SHALL BE WITHIN BOUNDARY LINES OF LOT ON WHICH SIGN IS LOCATED.· (1) SIGNS ON PUBLIC UTILITY POLES PROHIBITED. (2) SIGNS CANNOT INTERFERE WITH PUBLIC RIGHT-OF-WAY. • I • • 'l'l ·In - • (. • .. I {f) PERMITTED ILLUMINATION. SHALL NOT BE ILLUMINATED. (g) ANIMATION. SHALL NOT BE ANIMATED. • • • b. High Density Residential Districts: R-3. 11. POLITICAL SIGNS. SUBJECT TO THE CONDITIONS HEREIN- AFTER 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) PERMITTED TYPES OF POLITICAL SIGNS. WALL, WINDOW AND GROUND. (b) PERMITTED MAXIMUM NUMBER OF POLITICAL SIGNS. TWO (2) SIGNS FOR EACH LOT. (c) PERMITTED MAXIMUM AREA OF POLITICAL SIGNS. NOT TO EXCEED TWELVE (12) SQ. FEET TOTAL AREA. (d) PERMITTED MAXIMUM HEIGHT ABOVE GRADE. SIX (6) FEET. (e) PERMITTED LOCATION. SHALL BE WITHIN BOUNDARY LINES OF LOT ON WHICH SIGN IS LOCATED. (1) SIGNS ON PUBLIC UTILITY POLES PROHIBITED. (2) SIGNS CANNOT INTERFERE WITH PUBLIC RIGHT-OF-WAY. (f) PERMITTED ILLUMINATION. SHALL NOT BE ILLUMINATED. (g) ANIMATION. SHALL NOT BE ANIMATED. Introduced, read in full, and passed on first reading on the 16th day of July, 1979. Published as a Bill for an Ordinance on the 18th day of July, 1979. .u. Read by title and passed on final reading on th~~day of , 1979. ub ished by title as Ordinance No. Lf(i , Series of 1979, ·~ill.JIL;day of aur4J..-, 1979. Mayor Attest: Deputy City Clerk -2- I . - - • • • • • • • • I, Janice L. Watkins, Deputy City Clerk, 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 . Deputy City Clerk I • - • • , • • • • 8 8 BY AUTHORITY ORDINANCE N0.3'f SERIES OF 1979 COUNCIL BILL NO. 34 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS: THAT MEMBERS OF THE BOARD OF ADJUSTMENT AND APPEALS BE TAX-PAYING ELECTORS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. There is hereby suLmitted to the qualified electors of the C~ty of Englewood at the general municipal election to be held November 6, 1979, proposed amendment to the Charter of the City of Englewood, as follows: That effective immediately upon approval of the qualified electors of the City of Englewood, and the certification there- of to the office of the Secretary of State of Colorado, pursuant to Section 9, Article XX, of the Colorado Constitution and Section 31-2-210, Colorado Revised Statutes, 1973, as amended, Article VIII of the Home Rule Charter of the City of Englewood is hereby amended to read as follows: ARTICLE VIII BOARDS AND COMMISSIONS PART III. BOARD OF ADJUSTMENT AND APPEALS 59: BOARD CREATED Council shall establish by ordinance a Board of Adjustment and Appeals, consisting of seven (7) members appointed by Council, for overlapping terms of four (4) years. · Members shall be qualified electors, residents of the City at least one (1) year immediately prior to the date of their appointment, and shall hold no other office or position in the City administration. The recording secretary shall sign any documents or communications from the Board, "by order of the Board of Adjustment and Appeals." • I • • - - • , • • • • Section 2. The voting machines and paper ballots for said election shall carry the following designation which shall be the submission clause: FOR AMENDMENT NO. 4 AGAINST Amending the Charter of the City of Englewood relating to Article VIII, "Boards and Commissions", Part III, "Board of Adjustment and Appeals", Section 59, "Board Created", removing the require- ment that members be tax-paying electors and authorizing members to be appointed who are qualified electors. And each elector voting at said election and desirous of voting for or against said amendment shall indicate his choice by depressing the appropriate counter of the voting machine which indicates the word "For" or "Against" or by appropriate marking upon paper ballots, where used. Section 3. The proper officials of the City of Englewood shall give notice of said general municipal election, which notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Introduced, read in full, and passed on first reading on the 16th day of July, 1979. Published as a Bill for an Ordinance on the 18th day of July, 1979. , Series of 1979, Read by title as Ordinance No.~ on the 20th day of August, 1979 . ... ~~lished by title as Ordinance No. J1 , Series of 1979, on th~~ay of August, 1979. Mayor Attest: Deputy City Clerk I, Janice L. Watkins, 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. Deputy city Clerk -2- I • - • • (t • ORDINANCE NO • ...!'1 SERIES OF 1979 BY AUTHORITY • • • COUNCIL BILL NO. 34 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS: THAT MEMBERS OF THE BOARD OF ADJUSTMENT AND APPEALS BE TAX-PAYING ELECTORS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. There is hereby suLmitted to the qualified electors of the C~ty of Englewood at the general municipal election to be held November 6, 1979, proposed amendment to the Charter of the City of Englewood, as follows: That effective immediately upon approval of the qualified electors of the City of Englewood, and the certification there- of to the office of the Secretary of State of Colorado, pursuant to Section 9, Article XX, of the Colorado Constitution and Section 31-2-210, Colorado Revised Statutes, 1973, as amended, Article VIII of the Home Rule Charter of the City of Englewood is hereby amended to read as follows: 59: ARTICLE VIII BOARDS AND COMMISSIONS PART III. BOARD OF ADJUSTMENT AND APPEALS BOARD CREATED Council shall establish by ordinance a Board of Adjustment and Appeals, consisting of seven (7) members appointed by Council, for overlapping terms of four (4) years. · Members shall be qualified electors, residents of the City at least one (1) year immediately prior to the date of their appointment, and shall hold no other office or position in the City administration. The recording secretary shall sign any documents or communications from the Board, "by order of the Board of Adjustment and Appeals." I • • - - r• • • • • Section 2. The voting machines and paper ballots for said election shall carry the following designation which shall be the submission clause: FOR AGAINST AMENDMENT NO. 4 Amending the Charter of the City of Englewood relating to Article VIII, "Boards and Commissions", Part III, "Board of Adjustment and Appeals", Section 59, "Board Created", removing the require- ment that members be tax-paying electors and authorizing members to be appointed who are qualified electors. And each elector voting at said election and desirous of voting for or against said amendment shall indicate his choice by depressing the appropriate count.er of the voting machine which indicates the word "For" or "Against" or by appropriate marking upon paper ballots, where used. Section 3. The proper officials of the City of Englewood shall g~ve not~ce of said general municipal election, which notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Introduced, read in full, and passed on first reading on the 16th day of July, 1979. Published as a Bill for an Ordinance on the 18th day of July, 1979. Read by title as Ordinance No.J1 on the 20th day of August, 1979. , Series of 1979, ~~~lished by title as Ordinance No. ~ rf , Series of 1979, on th~~day of August, 1979. Mayor Attest: Deputy City Clerk I, Janice L. Watkins,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. Deputy City Clerk -2- I • - • • ORDINANCE No.df SERIES OF 1979 BY AUTHORITY • • • COUNCIL BILL NO. 39 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO, DEPARTMENT OF HIGHWAYS, CONCERNING MAINTENANCE OF TRAFFIC CONTROL DEVICES ON STATE HIGHWAYS WITHIN THE CITY OF ENGLEWOOD. WHEREAS, the City of Englewood, Colorado, is desirous of entering into a contract with the State of Colorado, Department of Highways, which requires the City to maintain traffic control devices on state highways and receive payment from the State of Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood, Colorado, and the State of Colorado shall enter into a contract for the operation and maintenance of traffic control devices whereby the City shall install, operate, maintain, and control, at State expense, traffic control devices on State highways within the City of Englewood, which con- tract is attached hereto, consisting of seven (7) typewritten pages and incorporated herein by reference. Said contract provides as follows: 1. The contracted dated July 1, 1978 is null and void. 2. The City, as contractor for the State, shall provide the manpower, equipment and services necessary to operate and maintain certain traffic control devices on state highways within the City limits, as determined and directed by the State. 3. The C~ty shall notify the State of those devices maintained • 4. The total cost for said services shall be paid by the State to the City and shall not exceed Forty-one Thousand Seven Hundred Seventy-five Dollars ($41,775). The rates charged by the City for said services shall be as set forth in Exhibit B of the contract. 5. The traffic control devices shall conform to the "Manual on Uniform Traffic Control Devices" and the "Colorado Supplement". f 6. The State reserves the right to monitor and require • any deficiency to be brought into compliance within a reasonable time, and the State reserves the right to correct any deficiency and deduct the actual cost therefor from the payment to the City • I • - • • • • 7. The City shall maintain adequate records to insure that traffic control devices are properly performing their function. 8. The City shall hold the State harmless, so far as it legally may, for the actions of the City's employees or agents. 9. The Division of Highways will be responsible for monitoring this contract for the State. 10. Special provisions included in said contract include approval by the State, availability of State funds, bond require- ment, minimum wage, discrimination and affirmative action require- ments, Colorado labor preference, requirement of compliance with all State laws, and that the signatories aver that no State employee has any personal or beneficial interest whatsoever in said contract. 11. Said contract shall remain in effect until such time as State and City desire to change the rates as shown on Exhibit B or change the total charges as shown in paragraph 4 of said contract, which desired changes shall be submitted to District Engineer by March 1 of the designated year. Section 2. The City Council of the City of Englewood, Colorado, hereby authorizes the Mayor of the City of Englewood, Colorado, to subscribe his name to said contract for and in behalf of the City Council and the City of Englewood, Colorado, and the Deputy City Clerk attest and execute the same. Introduced, read in full, and passed on first reading on the 6th day of August, 1979. Published as a Bill for an Ordinance on the 8th day of August, 1979. Read by title and passed on final reading on the 20th day of August, 19791 -~-Jublished by title as Ordinance No.~J' , Series of 1979, on th~day of August, 1979. Attest: Mayor Deputy City Clerk -2-I • - <t • • • • • • I, Janice L. Watkins, do hereby certify that the above and foregoing is a true, accurate, and complete copy of the Ordina~'! passed on final reading and published by title as Ordinance No , Series of 1979. Jan1ce L. Watk1ns, Deputy C1ty Clerk I • - • • • • • • lltiSCOfiBACT,-.klu ___ 4,..,ef __ --___ .197-•• J .... _Ihe ""''' el c ........... ,., !lor...., •"" ..... r~ e1 J'JU:....$.T/•11...JJ.~~t'ftli'Wf.ti1:...0t~.U1G.IDU\'l.:i.- l_l.J..Y!.f!.!_9.~ OI'.J!J~Il)'!A'!"!i .. ___ ......... __ ...... . .. -····· --_ --·-----·--. ---·- ....u..flor ,.,.,.... ,. ., .... Sao••· _. ll!!LillX ...... \!LJ;~~-JiJA'I't: OF Clll JlK.ru)Q_ ----------- WHt.aEAS • ..,IHwily cab.l" in tl•• ~-a.t4 t 'ulldi baw M• ........... •ppropridal ...... ,...,&w _. •• ~..-.... • ... flirirnl .. , ... n.:u•nt ... ~ b:~l~n,:. ti'Cftt~f tf'ftl:llim ::a•J~ib..,. for parmr•l iM f...., N..bn 2!!!!..L. C/L Accuuat N11m1Mr~, ('uu•r.-:1 E.c•unlw~ rt~unllft'.!!l,.k.A.2,__; ••kl tlfUt'M~AS. •aa .. t.•d "11, ....... 1, 'l.·;t••n··r ••MI cvt,,dNe•IKMI ,.,, a.-.. ~CCCMna•li.llrll fnMt ...,....ilh 1,.....U.. .,...ac..._;_. WH~ this contract is executed under authority of Sections 42-4-~02, 43-"l-106, 43-2-102, 43-2-13~ and 43-2-144, C.R.S. 1973, AS .....cnclod ;,nd 01n ilpplic.Wle orclin01ncot or reuo1uLion h;," been duly pssaed and adopted by the ContrActor, ~rked ~xhibit "A", attncbed hereto and -.s. A part hereof1 and ... WHEREAS, Section 43-2-13S(i) C.R.S. 1973, as amended provide• that tha State shall inata11, operAte, -intAin And control at Stiltc expense all t.raffic control d<•vicec on the State llighwAy System, within cities and incorporated towns; and ~IEREAS, the Sta~o does not hilvo thu nocesa~ry cquipuent and aanpower to operate ond maintain tho trAffic control devices; and WHEREAS, the Contractor has adequate facilitie• to operate. illld .. intain auch traffic control devices. NOW, THEREFORE, it is hereby agroed that; 1. The Contract dated July 1, 1978 is hereby declared null and void. 2. The City or Town as Contractor for the State, shall provide the manpower, equipment and scrvicea neceaaary to operate and maintain certain traffic control devices on state highways within the city limits, as determined and directed by lhe State. 3. The Contractor shall from time to time in con- sultatio'l with and upon advlce and sppcov<tl of tht: State, providC! th" State with lists identifying the specific traffic con~rol devices to be operated and "'aintained by tho Contractor during th~ lt.:rl:\ or lhi.s contr4lct • ·- I • - • • • • • 4 a '!'hu :tc.ttc :; to L(· ch <.~.r')l.!d hy th<.! Contractor undi!r /((' thiu LttJre ement sh...t ll b\! as set forth in t :xhibit "U'", prCJvjd"d thctl· Lh t: lobll ch~rCJCS to be! pilicl i ;, ;I j ' ' ,j . \~ . ~ .~ • l•Y llll' f.t~Lc dua·in<J <·ilt:h Ci :;cal yc.:..r oC the con- lli1Cl ll.'rrn >;lli!ll 110t "'"'""u $ ..!!J....Lll....P_O ____ • '.a'he: r6ltc 3 in J:xhildt "U" shall remain const"nt t.hnJu<;hout lhc l{:r ru of thif; contract and shall Lc tou!ljccl lt.t St.uLc "'-ullit:. at i.lny tiwe durlng Jltjrm..al lH&~i11 c;;~ l1ouJ:~. 'J'hc Coulruct.or will bill the State monthly according to the rates as set !orth in ~~~ibit "a", and tho State will pay such billu within GO days. 5. The tra(fic c.:>ntrol devices 11hall b .. maintained in conformance with Applicable portions of the "Manual on Uniform 'l'raffic Control Devices• and the •colorado Supple1oent" thereto, referred to collectively "" •.he ·~lanu .. l" llnd incorpo~ealed herein by ref<· rene.!. G. 'l'he Stute rc~"•·vcu Lhe ri<Jht to dulcrmine the quality and udcquacy of mainten"ncc under thi~ contract. Any deficienci"a will be brou<Jht to the attention of the Contr•ctor and 11 rca- eonable time will be allowed for compliunce. In the event the Contractor, for any rcaeon, does not or cannot comply. the State reserves ~'e right to do the work or have th" work don• by others and deduct thv uctu-.1 cost from the 11ubuequent payments to the Contractor • ·1. 'l'hc Contractor will zn.:1int"dn buth oper•ltional und cost records 4s the partie~ hereto may from time to time agree upon ll!; bcinq n<.:cc s sary t.o determine the lldc:qu.Jcy v ( Lh .... conL r CJl cl c.:vjci::t, both <ttH.::ru- lion .. Uy ""d ~ncch•mi c<tlly, to p <·rform their in- tc::r,do d function. Suld r <.:cor.cl~ !.h~ll bt! avnil~ble for rcvi~w by tht! fitc.ate duri.nq normal working hours . If . 1'hr: Contruclo c uill hold lh l..! State h \\nnlC'~:"; fiO f.:u: ··~·· • I • • - (~ ,· i:< .. j 1(( • • • • • • rcnultiny <lircc.:tly or indir.,ctly !r0111 nc.:gl i<,~<.mt 9. "l"he Division of tlighwaya will, U\rough its Ujstrict ~nyinccr, be resp~nsiblc for monitoring. 10. 11. thi.c cnnt c.1ct for thr Staln. All cornH;l•onLlt:!ncc ;.m<l Lilliu~:; :.lluuhl L<• atlur<.:t:<aul to him. "i'ho ll.istrict J::ngjn<:c.-:&:'::o .-.ddrcs.w Ior tl&is conlrilct is: R. J. llrasher, 2000 So. !lolly, Denver, CO 80222 -· ·--.. ·--···--------·-·----·- 'J'hc Special l'n.,v.i:.;lun:. \o:hich ar" altt.&chcd ln!r4)C;Q are made a pdrt of this contract. "l'hill contract shall rcJUin in <:ffoct until such tboe as the State or Contra<.:Lor de .. iren t.o chan9e the rates, aa shown in Exhibit "II" or change the . total charges as shown in paragraph No. 4 whereupon this contract will be voided and a new contr~ct signed. Should changes i.n rates be dou;ired, a revised l::xhibit "1:1" 11hall he submitted to the J>istrict Enqin<:er Ly March 1 of the designated year. -J- • l I l i t I j I I t: j . ; ; . I • • - ' . - • • • • • • lU \·II'J.'Nt::.;!; \·:tti :Ht :U t·', lht.! 1•urtiC's hnrlt.lLO hiiVC c~usccl Lhe !ore- goj '"J cvnLrdct l<J )J(' cxc c.:..&tcd the duy ~nd year firfit nbov~ written. 1\'l'l'J::;'I': AIIJ'ICUVl~ll: JIAN !i. \"1U l'i .. i 'l;r-k.JIU: Stat:c Controller lly __ _ f;'.",\'I'E OF COlJUU\IK> H.JCU1\I!!J D. I..J\f.l:-4 covt:n r;o!t STII'J'F. llF.I'IIHTHt:u•r Ot' IIJGJII~A\'S ,1,\CK 1: I ti::TI.lNC.F:K t :xn.:u·rrv" l>li<J·:c•l'flll ~~~· t :. N. IIM!it:-··- Chicf t:n•Jino>er 111'1'1 ~fNJ :n: J. U. 1:1\(;VIIIti.IIN" Altorn6y General lly -------------- CI'J''[ OF By ------------ Tilla -4- • I • • - ,· • • • 1) 2) • • • can Of t:Nr.u;wooo July l, 1'.119 EXIIlBlT "B" -Rates Fe>r Trafflc Control Devices •·l·r.,f£i.c Si&n.'ll r. Signin~ and Stripin~ $107.. 78 P''r :>ir,n"l per •tonth $137. !>0 p"r Mile per •tonth '· * Maintenance of traffic signal~ i.ncludc:; painting of crosswalks and atop bars . I • - <l • • • • • • f•.,.•·"4.'.UII ~fl !"1.\L riiO\'ISIONS CONTROI.LUl 'S ..,.0\ AL I lltl'\ -.·unu:a·t....,.. nul tw dn·nk"d ,;t~Nt ••••.& tl ..h.dl h;~'.: ~~~ apprO\H b~ the Cnnarulkr ul th,• Sla&f' uf Culur:.Au ut ..u..·h ~ant:... h~ ....,~ •h·..iJtuh: Thr-jKU\r.MMI h"t•tlilk'.atkln•" ~utUiilh'l i•uJiu~ I~ p;.~IIWat uf ,...HW)h~ rlt.:S.atr ~ Ft~..,.·i» o.W-.:.ahut'h ul tlw !w .oh· I'·''"'"''" .o lt.·r tho· ouu.-ut li-.·..J h ' .. r Mit ,lldhll.,. ... nt UJM•• hu~ fur th,.l ,..,.."""' ... ..., arrruf"e;tl ... l hud~ .. ·h"\1 .md utho·r•t ... • llt • ..J o• .a\.lfl.thl.• 110"'11 Mt.Vt iiiU \IL:\ I I lllht" ''""''...,' 111 \otho•, tho: I '·H IIk 'lll ••I lll•lf l.' th.,.u k'fllho 141 '"'""" J.lo61,.1 .. 111f thr: o'o'III~RM.Ikllll. \'lo'<>'hllll. h 'IWU , fiWIM~IWftol.(', •If llnJ'fol\l'llk'IM ool ,Ill\ hutl ,ftn,. f ol.ohJ . f'lf"",:o· H.-hal, IYIWk'l. t:"'4\o11Mtft olf o*'t puNk; ••lf\ loW lhl" Sue.:. ""' ,.,.,..,...,.,, • ..-...u . 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Ut ,..lo~l' '" IIIW ., .................... kl h.• ·-· .. wtel) •.U .... dw ......... 1ft .......... .., .. -.14! a.'\~ca.ltftF lb&: WWI ~·fiK'.J 1ft ltw ........ ktfCdwr ••rh MMC'fC"" 411 tlw '* , ... c"*" pn ,." .. pa:r .-.wm t : ..... w..b hi ...... •tk'n ..,, •~lfU'I't'd . "cao:IIIIIN . tlrh~ .-..d t.ar.l . •• ... ..._ • (.,.,., , .. ltw ~.,_,..._ .... .,, ... ui .,,.., .,.., ... , .. ,...,., ..... I h: ...a.t..·d ... k.,.cd tW ...... A t.'l'ftefd ur ~f, ,-a.r .... '" 4 ..... Ml-) ,...., ..... p.~~.tllk ko Ilk Ttc-'Ufrf '"die M.-,., (.'•*••• .. ,. k ~"l"JJICd tft k .. uf tt ..__. NINNU'I ""'f .&. l•uvl".,.. ttllwfttw ptuurJr.J '" b•. tl th ... ,,,.,,,..,., ""'"*' r.., dw ,.,_..,. uf...,.. tlt.N r,.,. tho-.-..1 ~.,.. ............ .., """''~' llw l'mpt.,, nwnl ut ~Oft',.. Uf _., • ..,..,..., ••M \'tNI'\InK"I..,., ...,., .. _ • ~ ul -~ .......... .., ......... ruw .... •ud.. '""'"rpl h~Jh·~ ... h~~&h•a\ hndJt"to , ~ ......... ., """' ...... .J • ..._, ....... ltw il"''ll'"ph..,·:allu•h nf ,....., 5141~. tllr r:.ll' uf '*"' f•• .AI~_. •<~ ........,._..., tlllt. C'UIMIWIUf '" ~ .... llllllff"a'fur UA l'w hu.W.n.: Uf puhtt..· Wllur\. ,·ulrfY4 It)' tiM. c.-.ta·t .. k ............. lfw llf'"IIIMa ,.. .. •" .,.... fur.,.,.., uf,. "......., ..... ,,,.," , .... '''". •-• . ......, • ucM mil......_..,. il.w • ...... ,._. .......... , .. otttwr puhlk· •urL t'-le ... -:.tlhl . l .. 'lflllb h'"IM'l'll .. Pft'-..1 ratft .. k,.........,.. • ........ ;.. ....... 101. ,.,. I¥'·'·» IIIW..a.-d UIS('IIIMII'4TION ANU AffiiiNAli\'E ACTION S. llw t."•t~a·tur aprn tu ,·unlfll~ wrilh ltw k-ttcr Md ..paril u( tlw C ........ Ml~-4cl uf ltS'7, ......... • "'"" ..,..W•Wt 1 ... tnpetctn1 WrimiutMt 1M u.rw ,.,..,._., ,...lirft t~.a.J+JOI . cas 1971. • -··.., • -iml ..,_ bKuliw Onler. E.jual O,...uoily .-4 _..,. -·-Af'rill•. 19'75. ,.,_, .......... llw /flllflwM1 ,_.,.,, tlw/l k r•MiMflitt., Slew,... ... , "'•k-IIWII. .,.... .... pn( ......... 'C ...... , ............ "-·--·-"'"'. , .... : II f Tlw , .... ,,..,, .. •• IMII .,.,.........._ ........ _,. ~ • ........ lot,.....,. .... 1111«-.w ef ,..., crn-4, ,·ulc,r. IYii..al ...,....,. "*"· ..,.1111 .Wtft ........ llllt8&ry. _... •lllllrlicll ....... ur •· n. ""*• ............................................... ......,.,. ....... ......,. .... .. .... all-4 .... ~-·· ........................ .,.......,~s.rta-.-. ......... . ... ... ... ......... .. ., ......... ~.,.-................... "' • .......,. N'C'ftli._.. '" ....... ._. .... ..,........ . ...,.~,,.., ....-.._.,....._,,..r ..,,... ,__...,"...,....._·*w~Ka- ,., .................................. n. ("_ ........ llillll'f' •• ,_. .. " ........... ~ ............ . ~tiJC'ft .... ..-·Mf'lo .... ~--·· ............ lu t. ~.,. llw nMNC ... .lftrw WIIMI lwtil ,... ...... ~ ....... ,...... ... 4 ...... fll Tltt , . ..., .. ,.., ... • al .............. ut -~ fw ~en pl.ltH lty.., ... ~f uf tlw C'UIIIratiW, tolall' ... ~~ ..-.rac-4 .,...._., .. flil't1:ttiW ( ............. fllf .......,._.. ......... fii'P"IIo rat.·~. crwd. ,·ulw ... ,..,... .,...... w~ . ....,.&al to~ae• ......... .-rftlr)', .,.111.., ,.yWII ..-...c,. ........ • ll The cnnlfa'htf •• .,....., In 1'.-h IPur , .. ,,.,. ur Jltflffti"'IM"'e of~ -'dll wt.ithlw ha tull«liw ............ ~nl ur utM ~·•~rttn..·t nr 11"*""~ •UCit."t '" N ........ ~ dw c-•tnttiAa ufr~~tn . _....., the ...._ umuft ur • ...._..,... rrp~WWt~l .. rw •tl•'w t•tnctet'• c-11..,.1 ...., dw Eurc•tM' Of.,, l:.ttMIII OrfMWIWIIII)' a .. d 4.ffimYII\~ "'-'1"'11 , d.Wtl April ... 197$, .... uf dw ftlln. ~·--· .... tdn'..at Onkr-. ......... c..c"''""''· fol) Tlk-\'UIIUOM."h.lf :and l..bur uniunto Wlllll fumhh • infunMIMMI .-4 ~orb flhflltl'l'd.,. fll«UI"'e 0...,, 1:.~ QrrwhUUI}' and "lfin~U~,I\"l' Al·fMNI uf A.pril 1 •. 1'175 , ..... It)' tiM ftlln. ~--1M Or*ft uf lk Go"l'~'tf". llf pur-.u:ant lhfO'ft'lu , and '11"111 prnnit XCIL"'O'Io lo t hi'lo ~~. tecunh, Md KCOUab by dW CUIIIrKI ... •*) Mel th&-ul"r...-" uf lhc c,.",·n•ur ,., hi\ dc-wpwc fur purpows nl iMn ........ to ..ct'RM c~ •1th toUt.'h """'· rcpalal•um. aad .. ...,.... C 5) A labor urpm1 .. 1iun •111 nul ndulk an~· tnd!Yidual utht-,..,w .,..-mcc~ froM (till,.,...,.., rialtb i• Wt'h I•IIM•r ...,Ut•tM•. ,., "'pd -y -.urh '"•'•d..-1 fr,,_ nwmhc-"*'ip ill wth labor ..,..Utat ... ur IIN.·riMtnatl' ... "" ;Ht) ul •h 1n.:mb.:r-. i" lht fuU l'RJU)IIIl'ftt uf •IIMII. ..,.,.unil)l.-... uf~~te ,C:rftd . ('o .. ut. \C'\, •atMtttal un•••· ur :&nl:etolf). "' A labur ntpn~laholll , ur lhl' ,·mpiU)'ft' ur ftM'fl'lh&-r-. fltt,..uf WI IIHM M ...... irlcile . c...,..e ar CIIC'fft dw due•1 uf ••v a-:1 drfiuc.J en th•" , ... , .. ,.., tu lw Wrimt"•'""' •• athtrwt .., l'f"l'1'1 _,-,_"" .. ,,.. ciMftpfyina Wtlh tht' prmi"u"' uf thft cuntra.:t ur "'"Y Uftkrtwwd tlwtnRr .ewat....-.f'illwr4iNrc"d)' • iudem·lly , lu cummff Ml~' :&I' I cldiftC'd 111 llii\ Cttnlr:tel let br dN.·rintliftllory . ... , !__ ur _.? _ _. I , . '~ . .,.. ., I • - - (( <C • • • ·:' .i J ·r ;• ··. , .. ~ ·I ; . • •• • f7J I• tllw nel'l .,(11M' nNtcra..·tur'" RUtK~c ...U.lk .... .-c, .... uttu~~ d~ '" th~ CIIMIIrxl"' ••dl ..,. uf ...0 ""-"· 1\'pl~ ...... Ul "'*"· dtft C ... lra'l IU) he ~ lf'nn.l .. ll'd Uf ~ ...... iR _...., • ill pert Md tlw C'OIItractor IM)' N 4ecbhod ......... far fwtlwr Slate Clllllrath ilt..rcunl~ witlrl p~ _.ltorilcd"' Eucaati\·., Ordrr. (...., ()ppurtURil)· aM .ur ...... iw Act._ al .~prill•. lt1S aM dw Nln. ft' ..... H~. ur unlrn ................. Nl •'\"......_"C tlwfwo••th . Md ~:h utlw-f ~·t"-' • fNY a. ~ .... II'IIW4en. ftY)' lie Ul\ukftl .. ,..,,_..., .. l:~ton:UUM OrWJ, (lof'NI 0pponiUIII~ at4i 4flirwtati\c Art• • ttf o\pril lt.. a•n. ur b) "*""· ,.. ..... ,~ ur ,,..,.. ,.,..._.!Pl..., ... &'\"ur"-'"" tlw~~r•1th ,..,;,. ... ~wrw~w ..,.,., ....... ,. •••. CIU ltiC' , . .,...,..,._, •111 ,._.,....._. Ilk-I"""'""'' ul p.tncf .... , C II thn ..... 1"1 • n.-n \utt-,-, .... ,,...1 .-d *"-•·••t,.·l•lf ,.._ ... ...,. ...... , ........ , nr .......... ..,.. """'· ................ ur ,.,."~ .......... tu t .\t'\'UiftC' ......__ t."fNN Uppun_.,,. .-.1 .\Uirt~~Uttw 4.. ........ 'rnf ••· •~n . w dla~ •• ,.,._.._..., •• hr-....., ._,.. ..... •• , • .,. ..... ,.., ,., h ' ... lJw , ......... IW •tl ~ -.il a ·t .................. 1 .. -~· .... ,., .. IDL'fl"a w ~...., il' ..._. ,.,...,,.,,._, .-'\'""' 411rn·t .--. a.,...,._, ............ wch l'f'M~--. ....... ----~ ......... , ............................ _"'"'· .......... ""'' -~-.. ., ..... -~ .......... -;. ...... .................................... ~ ................... ,, ..... ~ ~ ......... Mlw..ll ........... "' ........... ,. ..... ......... , ....................... ! ft''fl"'ll .... !\t .......... ...,. ... , ........................... ,....a«' .......... "" ...... M.-.. tt ..... .a.. IU•C*AlaJL\ .. riU·ItiU"l. • Pro"''""'""' o.( ~~~·lUI . A. IU!. C MS 1"7J "" t'frlt.'tnkt' olf I ..................... w.-..,.....,_. tn th~, .... lta'lef .......................... ~ ..... M~ Utkifti .... 'M lkf.:tt ........... M~ l ...... n& ....... llf .. ,... .., !WMC' t....t ... l llw ..... , ul tht· \l,.h' ut I ooloff.Mioo ~tkl '""'" .u.d tl'JIIL.Itotlh .......nl 1~1 tlwrt•fu .................. -d Ml Ilk• tAtf'fptrllolhun. 1'\ft'llhun .tfkJ C'llh.,~·l'-'111 ul th,.. "tUir-.'1. ""' .. "' ........... '"" ,., ... ,.., ............ •• .... '"''"'P'Ihlnl lwftotel ~ wlctt-.·c •IHI.·h ~ 1...-.-. ........ e., ;all) .,,,,...,........ hud)· ur ,..... • .._,.. • ........ u. .............. ..attl ....... ,.... ... ft'pbl ................................ WOld ......... ~ .. _,. PftK...._ illr..,....alnl lwft ... ~ ~ wltitk ,..,..... tu -..w U. or_, ........ , 'fll('ilf ........... ........ • • ,... ..-.. 111r ,....., .,, ... '""''"""' "' ... -.... .. ~-•• ,,. .... .._ •1wtlwt ~-war .t ~. *l'nNo •• ......... iw. A., t'""Ne .. "'*""""' 1M111 --' u.W h)· llw •..-roll'-ul tit" P'"'"'" .. twil .... ...,....._ llw ~ ult-, ..... ,.., ht tlw C"\11'111 1~ liw '""'trxl ,.. ... ...,. .. u,f nft'tfl.,.., 1\. lh..· ....... , ... ""'C'In :IH'f tlutltk·~ 4ft l.anHit.u ••tit IM·N·.tOI , d ~ .. I~~~~~~ c.......-............. -.1 IK·II\ ... I(Jf.d Wtl ·· I"""""'' ul l'u._, IH(.,·.-t l M "'· '"'·'·it\ .............. MMitltM '* , .. ~~a~t. ............ P'-1""--""' ,. .......... 9 . llw ...,......,_... ;:u•r tlut Ia 11wir L ............. , lkl """'" .-Mplu,ft IY<o Ml)' ,.,.......... .., a.c.r.n.~ ........., ..... """.,., ..... "'"" ........... .,..,., .,..., ................ . ....... , .......... ''""''"'" .. IN rAotl\ltNT .... • - •• I ' I • • - - ( • • • • • • • 8 C~ ORDINANCE NO. 3 i SERIES OF 1979 BY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO, DEPARTMENT OF HIGHWAYS, CONCERNING MAINTENANCE OF TRAFFIC CONTROL DEVICES ON STATE HIGHWAYS WITHIN THE CITY OF ENGLEWOOD. WHEREAS, the City of Englewood, Colorado, is desirous of entering into a contract with the State of Colorado, Department of Highways, which requires the City to maintain traffic control devices on state highways and receive payment from the State of Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood, Colorado, and the State of Colorado shall enter into a contract for the operation and maintenance of traffic control devices whereby the City shall install, operate, maintain, and control, at State expense, traffic control devices on State highways within the City of Englewood, which con- tract is attached hereto, consisting of seven (7) typewritten pages and incorporated herein by reference. Said contract provides as follows: 1. The contracted dated July 1, 1978 is null and void. 2. The City, as contractor for the State, shall provide the manpower, equipment and services necessary to operate and maintain certain traffic control devices on state highways within the City limits, as determined and directed by the State. 3. The City shall notify the State of those devices maintained • 4. The total cost for said services shall be paid by the State to the City and shall not exceed Forty-one Thousand Seven Hundred Seventy-five Dollars ($41,775). The rates charged by the City for said services shall be as set forth in Exhibit B of the contract. 5. The traffic control devices shall conform to the "Manual on Uniform Traffic Control Devices" and the "Colorado Supplement". 6. The State reserves the right to monitor and require any deficiency to be brought into compliance within a reasonable time, and the State reserves the right to correct any deficiency and deduct the actual cost therefor from the payment to the City • I • - ( ( • • • • • • 7. The City shall maintain adequate records to insure that traffic control devices are properly performing their function. 8. The City shall hold the State harmless, so far as it legally may, for the actions of the City's employees or agents. 9. The Division of Highways will be responsible for monitoring this contract for the State. 10. Special provisions included in said contract include approval by the State, availability of State funds, bond require- ment, minimum wage, discrimination and affirmative action require- ments, Colorado labor preference, requirement of compliance with all State laws, and that the signatories aver that no State employee has any personal or beneficial interest whatsoever in said contract. 11. Said contract shall remain in effect until such time as State and City desire to change the rates as shown on Exhibit B or change the total charges as shown in paragraph 4 of said contract, which desired changes sha ll be submitted to District Engineer by March 1 of the designated year. Section 2. The City Council of the City of Englewood, Colorapo, hereby authorizes the Mayor of the City of Englewood, Colorado, to subscribe his name to said contract for and in behalf of the City Council and the City of Englewood, Colorado, and the Deputy City Clerk attest and execute the same . Introduced, read in full, and passed on first reading on the 6th day of August, 1979. Published as a Bill for an Ordinance on the 8th day of August, 1979. Read by title and passed on final reading on the 20th day of August, 19791 . •• jPublished by title as Ordinance No. Jf , Series of 1979, on th~day of August, 1979 • Attest: Mayor Deputy City Clerk -2- • I • - - • • (f • • • .. • ·. I, Janice L. Watkins, 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. Janice L. Watkins, Deputy City Clerk I • - . " . (I • • • • lliiS CONTRACT, -.Jc !lois ___ .,. e1 ___ ·-----••. 1t7-, •r ood -lho ~;~, •• el l.,...,....,, .. llw-and ..... r~ el ..l~U:..S.Tl•1'j;_JJ.~~I'.hl\:Wr.lll~ .OLlll(i!JlU\YLS:.....--- ~!.~,.:-·~~<l:~.·-_--;J :I I E .. (!'! v -ili·=~;Ni:iliWili'i!l--!';-l·i.'i'E<ii'ci \i':l)@_ig_ ----------- wttt.aus. .........,. .,..... ;. •'" u. .... fuool. ......... ...s,....., .,..~ ........ ....,. - IQUIIIIIf _.a ... n;nn.e ....... ~ .. ,...,..PN h:tl .. ,..,,.. ttwwur 1r11t:tiM :~wail :,.. fer par,..... ill ..... ~ 2.!!!!.L C/L ~ ...... ~,t· .... trA"I t:IIC.....W~ f'ttuml iCf~JlL._;.-1 WIII-II~. t~N .,.,. ... ..a. •lra•..m~ a.l c.-.d ... •ttu. aa,, '*'•IIICC8MI"......., r,... ...rt.~l• .......... _ .. ; ... wtl~ this contract iG executed under AUth~rity of s~ctions 42-4-502, 43-l-106, 43-2-102, 43-2-135 And 43-2-144, C.R.S. 1973, as .....,nclod <~ncl <~n 01 pplic..Llc orclinilncot or resolution h<~!l b•en duly passed and adopted by the Contractor, marked ~xhibit "A", ~ttAcbed hereto and aade a part hereof1 and ... WH&REAS, Section 43-2-13S(i) C.R.s . 1973, as .-ended provides that the State shall install, operate, maintain and control at StiltC expense all trAffic control d <~vicoc on the Stilte llighway System, within cities and incorporated towns; and WJJEIIEAS, the State does not h<~vo tho: noccua .. ry oquip-nt And aanpower to operate And maintain the traffic control devices; and WHEREAS, the Contractor has adequate facilities to operate. ilftd maintAin such trAffic control devices. NOW, THEREFORE, it is hereby agroed that: .1. The Contract dated July 1, 1978 is hereby declared null and void. 2. The City or Town as Contractor for the State, shall provide the manpower, eq~p .. nt and s ervices necessary to operate and maintain certain traffic control devices on state highways within the city limits, as determined And directed by \:he State. 3. The Cont.ractor shall from time to time in con- sult.atio'> with and upon a dvice And appr o v i\l o! th<: State, provid" the State with lists ide n ti fying the specific traffic cuntrol device s to be opero:,te d a n cl r\ainta i.n e d by tho Contrac t or during thu l l:ra~ o[ lhls contrilct . • i. i ! I • • - • • • • • 4. 'J'he l 'dtC:.. t.o L (· ch..arg~d hy th<: Contraclc,r undt!r • thi!i &uJreernent sh..tll b..! as set forth in t :xhibit ( (I • ·1 jl \I ll ··]I ; ~ . ·.• . ~ ~ lliocl lcrm foh<~ll not cxc.:,.,.J $ '•L775 .0jl ___ _ '''he.: r.:&tc 3 in Cx!tibjt •u .. sh .. ll remain connta.nt Uu·ou';;hout t..hc tc.:r n• o! thi:. contract and shall t.<.: ~u!ljccl Lu SLulc wuUlt at i&llY tiaae clur.i.ng uurnl..&l Lu:.iinc~.~ l•ouJ:t;. 'fhc Cout..cuctor will bili the St.nte monthly accordincJ to the ratea as set !orth in ~~~ibit "R", and the State wi~l p.ny such bills within ~0 days. 5. The traCfic c.:>ntrol <lcvices shall bel ,...intained in conformance with ftpplic~ble portions of the "Manual on Unifono 'l'raffic Control Devices• and the "Colorado Supplement" thereto, referred to collcct;ivoly '"' •.he ·~lilnu .. t" and incorpor..nled herein by refc·renct.!. ~. 'l'hc St<&tc rc<>c•·vc:; Lho ri<Jht to dclermino lhe quality and adcqu<lcy o! maintenuncc under this contract. Any deficiencies will bo brought to the attention ot the Contractor and a rca- sonable time will be allowed for compliance. In the event the Contractor, for any reason, does not or cannot comvly, the State reserves ~·e right lo do the worl: or have the work don .. by others ~nd deduct the ~~tuol cost !rom the subGequcnt payments to the Contractor. ·1. 'J'hc Contractor will ln.l.int..ain bulh oper•ltiona.l und. cost records as the partie~ hereto may from time t.o time a9rcc upon a~ bciny nccc::a;sary t .o dctcrmlnt! tionc:slly ~nd mec h ~n icdlly, to p <.:rform thair in- te:r,dnd func tinn . Snicl .z:(!cocU!J :.hc.all b" avni lable for rcvi~w by the ~b.atc durrng normal working hours .. a. 1'1u·· Con true toe \l'ill hold lh...: State hannlc :;~·• so C.:u: ··~·· • I • .. ' - - • '· ,· t< .. _: ,. 10. u. • • • 'J'hc Oivision of Highways wi ll, through its l>istrict t:nginecr, be rcsp:>nsiblt: for monitoring . t.hi.s cont c.,c :t fur thC" r,tatn. All corn~spomlcnco uncl uilliii'J:I :.ltuulu Ul! ol<h.lct:r.!;Cll) to him. '1110 U~atrict J:;.nyj n£:<-:a: • Z:li addrcsw .!or this contract is: R. J. llrasher, 2000 So . Holly, Ut!nver, CO 80222 -------·---------------- ·-----~u ~-•--•·--•• ·--·-·-·-----·-·-----~ are made a pdrt of this controlct. 'J'his contract shall remain in <:ffoct until such ti.., as the State or COntractor de11iren t.o ch;ango the rates, a~ shown in Exhibit "II" or ch.ngc ths . total charges as shown in paragraph No. • whereupon this contract will be voided and a new contract signed. Should changes in rates be de1iircd, e revised t:xhibit "II" shall ho submitted to the llistrict I:nqint:cr Ly March 1 of tbc designated year. -3- . '· j I I I ' I .l II l' I . . ~· .. I • • - - • cr ' • •• .,. .. '"':1: I ·.;; I ! I ~ ii lj ~ • • • lt~ \·l l'.fN,.:!.::; \·:tu:tulJt··, Lht.! p ... ctic-tt hr.rt!lo h~vc c..auscd lhe !ore- go ju'.J c.:unlrc~ct tu l u.· e:xcc.;.Jtcd the d..ay .and year firr.t llbov~ '-'rittcn . AI•I•Jct.IVI ;II: CIJ\N !>. 1'/lll'l">'W-IUIU: Stat;e Controller lly ------------ !:',',\'1'1·: OF COt.OHAf>O HICHAI~!J 0. Ll\f.lM COVJ ·:n r~O!t foTNrE DF.I'AHTH~;tl't Ot' UJCIII~AYS ,l ,,CK 1: I ri:":TI.lNC:f!lt u:n.:u ·rovo ~ J>llu·:c·I'Oit I \~• t : o No IIM:ot:-· . -· Chic:C t:n')inolltr Al'l 'I:CJ\'o :n: J o Uo t-:~C:I'AHIJIN" AttCJrn«y Cen .. r"l lly CI'J"/ OF By -·- '· I • • - - • 1· : ,. f ;··· (f • • ' • ; 'l ~ ' • • • C:l.TY Ot' t:Ncu;wooo July 1, 1!119 EXJIIBlT "B" -Rates F<>r Traffic Control Devices 1) ~·rr .. ruc Siena!" 2) Signing and Strip i n~ $101 .78 P''r Sir,nal per •lonth $137.!>0 p"r Mil e per •touLh * Maintenance of traffic signalu include3 painting of crosawalks and stop bars. -. I • - • / • ' • • • • ~fl n \l PIIU\'ISIONS CONTROI.l~M 'S AI'I'IIO\ AL I 11tio. ,,,..,,,.,., ~~ ""' b.: dn·•ntd ul.t ...... 11 J~l ha'~ """'" apprMH b~ Ilk CtH~Irul&.-r uf th,· Salk ttl Culur* ur ..._ ... ~-1 .#to t.~ """' d......,._.,,., fh" filltAI:WUM.., ~·tt&a·.Mt 1u .. , ~.,..,..,.., ,., ... ,~ tk p;t' ..,., vi ...... )'lt),tlk·SiatC' fU!ti.IJ AVA.Ilo\IIIUfY ! 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Ut I I • - r • • C< • ORDINANCE NO.=----- SERIES OF 1979 • • • BY AUTHORITY • 8 D~ £UNCIL BILL NO . 40 ~~· ~?'IU4<-~ A BILL FOR AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY IN HAWTHORN SUBDIVISION ON THE WEST SIDE OF 3200 BLOCK OF SOUTH CLARKSON STREET AND RETAINING CERTAIN EASEMENTS THEREIN. / WHEREAs, there presently exists a 81.15 foot wide right-of- way at East Eastman Avenue and widens to 82.25 feet at East Floyd Avenue on the West side of South Clarkson Street in the 3200 Block ; and WHEREAS, the Planning and Zoning Commission of the Ci ty of Englewood found and determined that said right-of-way was not needed beyond 66.18 feet at East Eastman and 64.25 feet at East Floyd Avenue; and WHEREAS, the Planning and Zoning Commission recommended to City Council on July 17, 1979 that the excess right-of-way on t he west side of the 3200 Block of South Clarkson Street be vacated and that an easement be retained to provide access to utility service lines. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. The hereinafter described property located in the City of Englewood, Arapahoe County, Colorado, be and the same is hereby declared vacated pursuant to the provisions of Part 3, Article 2, Title 43, Colorado Revised Statutes, 1973, as amend ed, and title thereof shall vest in the owners of the abutting land as provided in said Article, said vacated land being more particu-larly described as follows: Beginning at the Northeast corner of Lot 48, Block 8, Hawthorn Subdivision, thence East 15 feet; thence South to a point 18 feet East of the Southeast· corner of Lot 2 5, Block 8; thence West to the Southeast corner of said Lot 25; thence North along the East line of Block 8 to the point of beginning, containing 9900 square feet more or less. Sec tion 2. The hereinabove described land is located entirely within the City of Englewood and does not constitute a boundary line between the City of Englewood and any other county or other municipality. D I • - - ( ( • • (( • • • Section 3. The vacation of the hereinabove described property will not leave any adjoining land without an established public road connecting said land with another established public road. Section 4. The City of Englewood does hereby expressly reserve the rights-of-way or easements for the continued use of existing sewer, gas, water, or similar type lines and appurtenances, and for ditches or canals and appurtenances, for electric, telephone and similar lines and appurtenances, if any, now located in the herein-above described parcel vacated. Introduced, read in full, and passed on first reading on the day of , 1979. Published as a Bill for an Ordinance on the ________ day of ---------------------' 1979. Attest: Mayor Deputy City Clerk I, Janice L. Watkins, 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 , 1979 • Janice L. Watkins, Deputy City Clerk -2- • I • - ( • • ( • • • • RES~LUTION NO.~ -~ ~1 SERIES OF 1979 r -0~ 8 t. A RESOLUTION APPROVING THE APPLICATION OF COLORADO PIZZA CORPORATION, DOING BUSINESS AS MR. GATTI'S, FOR A RETAIL 3.2% BEVERAGE LICENSE FOR CONSUMPTION ON THE PREMISES TO BE LOCATED AT 225 EAST JEFFERSON AVENUE, ENGLEWOOD, COLORADO. WHEREAS, Colorado Pizza Corporation, d/b/a Mr. Gatti's, has made application pursuant to the provisions of Article 47, Title 12, CR5'73, as amended, for a 3.2 Beer License to be located at 225 East Jefferson Avenue, Englewood, Colorado; and WHEREAS, notice of said application and notice of public hearing thereon having been given and the hearing having been conducted on the 23rd day of July, 1979 before the City Council, as the local licensing authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: That based on the application of Colorado Pizza Corporation and the testimony and exhibits received at the public hearing, the City Council of the City of Englewood, as the local licensing authority, does hereby make and adopt the following findings and conclusions: 1. That all legal notices, publications and postings with reference to the public hearing were proper and consistent with the requirements of Article 47, Title 12, CRS '73, as amended. 2. That the City Council designated an area of one (1) mile in radius as the "neighborhood" to be considered in granting the applicant's request for said 3.2 Beer License. 3. Mr. Max Scott, President of Oedipus, Inc., 1200 Pearl Street, Boulder, Colorado, testified that he was employed by the City to conduct a survey to determine the needs and desires of the residents of the neighborhood . He submitted 6 petitions (City's Exhibits"c1"through"C6"ltogether with a report of the survey (City's Exhibit "B ) • 4. The results of the Oedipus survey revealed that 935 total contacts were attempted and of that figure, 304 were not at home, but 631 actual contacts were made within the defined neighborhood. Of the 631 actually contacted, 379, or 60.06%, signed the petition stating that the needs and desires of the neighborhood were not • I • • - ( • • ( • • • • met; 76, or 12.04%, stated that the needs and desires of the neighborhood were met and signed petitions against the issuance of of the license; 36 of those contacts would not sign any petition; 62 preferred to remain neutral; 62 were not qualified to sign any petition. The remainder gave other miscellaneous reasons for not signing the petition either for or against the issuance of a license. 5. Mr. John Odell of 10700 E. Dartmouth Avenue, Denver, appeared as a witness on behalf of the applicant corporation, offered testimony as to the background and concept of the Mr. Gatti's restaurant, and also offered testimony as to the needs and desires of the area as well as the control and dispensing of 3.2 beer in the restaurant. Mr. Raymond H. Hall, owner of Tender Lean Meats, 295 E. Jefferson Ave., Englewood, appeared before Council, was sworn, and stated that in his opinion the needs and desires of the area for the restaurant serving 3.2 beer were not being satisfied at the present time. Ms. Natasha Nola, 13200 E. Glendale Place, Aurora, appeared before Council and was sworn. Ms. Nola's testimony was that she is the owner of Hair Flair Beauty Salon located in the Dry Creek Shopping Center where the proposed Mr. Gatti's will be located. Ms. Nola Stated she felt the needs and desires of the neighborhood were not being met and would patronize the restaurant. Mr. William Honeyman, 3226 S. Sherman Street, Englewood, appeared before Council and was sworn. Mr. Honeyman's testimony essentially was that he felt the needs and desires of the neighbor-hood were not being met. 6. No one appeared in person to oppose the issuance of the license and no petitions were presented in opposition to the issu-ance of the license. City Council, therefore, finds and determines that, based upon the foregoing and the entire record and evidence contained herein, the needs and requirements of the neighborhood, as estab- lished herein, have not been met by existing licenses and that the application herein for 3.2 Beer License for consumption on the premises should be and is hereby granted. ADOPTED AND APPROVED this day of August, 1979. Attest: Mayor Deputy City Clerk -2- I • - ( ( ( • • •• • I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, hereby certify that the above is a true, accurate, and complete copy of Resolution No. , Series of 1979. - Jan1ce L. Watkins, Deputy City Clerk -3-I • - • • ( • RESOLUTION NO. SERIES OF 1979-- • • • A RESOLUTION APPROVING THE APPLICATION OF COLORADO PIZZA CORPORATION, DOING BUSINESS AS MR. GATTI'S, FOR A RETAIL 3.2% BEVERAGE LICENSE FOR CONSUMPTION ON THE PREMISES TO BE LOCATED AT 225 EAST JEFFERSON AVENUE, ENGLEWOOD, COLORADO. WHEREAS, Colorado Pizza Corporation, d/b/a Mr. Gatti's, has made application pursuant to the provisions of Article 47, Title 12, CRS'73, as amended, for a 3.2 Beer License to be located at 225 East Jefferson Avenue, Englewood, Colorado; and WHEREAS, notice of said application and notice of public hearing thereon having been given and the hearing having been conducted on the 23rd day of July, 1979 before the City Council, as the local licensing authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: That based on the application of Colorado Pizza Corporation and the testimony and ex~ibits received at the public hearing, the City Council of the City of Englewood, as the local licensing authority, does hereby make and adopt the following findings and conclusions: 1. That all legal notices, publications and postings with reference to the public hearing were proper and consistent with the requirements of Article 47, Title 12, CRS '73, as amended. 2. That the City Council designated an area of one (1) mile in radius as the "neighborhood" to be considered in granting the applicant's request for said 3.2 Beer License. 3. Mr. Max Scott, President of Oedipus, Inc., 1200 Pearl Street, Boulder, Colorado, testified that he was employed by the City to conduct a survey to determine the needs and desires of the residents of the neighborhood. He submitted 6 petitions (City's Exhibits•c1"through"c6 "ltogether with a report of the survey (City's Exhibit "B). 4. The results of the Oedipus survey revealed that 935 total contacts were attempted and of that figure, 304 were not at home, but 631 actual contacts were made within the defined neighborhood. Of the 631 actually contacted, 379, or 60.06%, signed the petition stating that the needs and desires of the neighborhood were not I • - ( • • ( • • • • met; 76, or 12.04%, stated that the needs and desires of the neighborhood were met and signed petitions against the issuance of of the license; 36 of those contacts would not sign any petition; 62 preferred to remain neutral; 62 were not qualified to sign any petition. The remainder gave other miscellaneous reasons for not signing the petition either for or against the issuance of a license. 5. Mr. John Odell of 10700 E. Dartmouth Avenue, Denver, appeared as a witness on behalf of the applicant corporation, offered testimony as to the background and concept of the Mr . Gatti's restaurant, and also offered testimony as to the needs and desires of the area as well as the control and dispensing of 3.2 beer in the restaurant. Mr. Raymond H. Hall, owner of Tender Lean Meats, 295 E. Jefferson Ave., Englewood, appeared before Council, was sworn, and stated that in his opinion the needs and desires of the area for the restaurant serving 3.2 beer were not being satisfied at the present time. Ms. Natasha Nola, 13200 E. Glendale Place, Aurora, appeared before Council and was sworn. Ms. Nola's testimony was D that she is the owner of Hair Flair Beauty Salon located in the Dry Creek Shopping Center where the proposed Mr. Gatti's will be located. Ms. Nola Stated she felt the needs and desires of the neighborhood were not being met and would patronize the restaurant. Mr. William Honeyman, 3226 S. Sherman Street, Englewood, appeared before Council and was sworn. Mr. Honeyman's testimony essentially was that he felt the needs and desires of the neighbor- hood were not being met. 6. No one appeared in person to oppose the issuance of the license and no petitions were presented in opposition to the issu- ance of the license. City Council, therefore, finds and determines that, based upon the foregoing and the entire record and evidence contained herein, the needs and requirements of the neighborhood, as estab- lished herein, have not ·been met by existing licenses and that the application herein for 3.2 Beer License for consumption on the premises should be and is hereby granted. ADOPTED AND APPROVED this day of August, 1979. Attest: Mayor Deputy City Clerk -2- • I • - - • • • • • • I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, hereby certify that the above is a true, accurate, and complete copy of Resolution No. , Series of 1979. Janice L. Watkins, Deputy City Clerk -3-I • • - • • \ . • RESOLUTION NO. SERIES OF 1979-- • • • A RESOLUTION APPROVING THE APPLICATION OF COLORADO PIZZA CORPORATION, DOING BUSINESS AS MR. GATTI'S, FOR A RETAIL 3.2% BEVERAGE LICENSE FOR CONSUMPTION ON THE PREMISES TO BE LOCATED AT 225 EAST JEFFERSON AVENUE, ENGLEWOOD, COLORADO. WHEREAS, Colorado Pizza Corporation, d/b/a Mr. Gatti's, has made application pursuant to the provisions of Article 47, Title 12, CRS'73, as amended, for a 3.2 Beer License to be located at 225 East Jefferson Avenue, Englewood, Colorado; and WHEREAS, notice of said application and notice of public hearing thereon having been given and the hearing having been conducted on the 23rd day of July, 1979 before the City Council, as the local licensing authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: That based on the application of Colorado Pizza Corporation and the testimony and exhibits received at the public hearing, the City Council of the City of Englewood, as the local licensing authority, does hereby make and adopt the following findings and conclusions: 1. That all legal notices, publications and postings with reference to the public hearing were proper and consistent with the requirements of Article 47, Title 12, CRS '73, as amended. 2. That the City Council designated an area of one (1) mile in radius as the "neighborhood" to be considered in granting the applicant's request for said 3.2 Beer License. 3. Mr. Max Scott, President of Oedipus, Inc., 1200 Pearl Street, Boulder, Colorado, testified that he was employed by the City to conduct a survey to determine the needs and desires of the residents of the neighborhood. He submitted 6 petitions (City's Exhibits"c1"through"C6 ")together with a report of the survey (City's Exhibit "B ) • 4. The results of the Oedipus survey revealed that 935 total contacts were attempted and of that figure, 304 were not at home, but 631 actual contacts were made within the defined neighborhood. Of the 631 actually contacted, 379, or 60.06%, signed the petition stating that the needs and desires of the neighborhood were not I • - • • • • • met; 76, or 12.04%, stated that the needs and desires of the neighborhood were met and signed petitions against the issuance of of the license; 36 of those contacts would not sign any petition; 62 preferred to remain neutral; 62 were not qualified to sign any petition. The remainder gave other miscellaneous reasons for not signing the petition either for or against the issuance of a license. S. Mr. John Odell of 10700 E. Dartmouth Avenue, Denver, appeared as a witness on behalf of the applicant corporation, offered testimony as to the background and concept of the Mr. Gatti's restaurant, and also offered testimony as to the needs and desires of the area as well as the control and dispensing of 3.2 beer in the restaurant. Mr. Raymond H. Hall, owner of Tender Lean Meats, 295 E •. Jefferson Ave., Englewood, appeared before Council, was sworn, and stated that in his opinion the needs and desires of the area for the restaurant serving 3.2 beer were not being satisfied at the present time. Ms. Natasha Nola, 13200 E. Glendale Place, Aurora, appeared before Council and was sworn. Ms. Nola's testimony was that she is the owner of Hair Flair Beauty Salon located in the Dry Creek Shopping Center where the proposed Mr. Gatti's will be located. Ms. Nola Stated she felt the needs and desires of the neighborhood were not being met and would patronize the restaurant. Mr. William Honeyman, 3226 s. Sherman Street, Englewood, appeared before Council and was sworn. Mr. Honeyman's testimony essentially was that he felt the needs and desires of the neighbor- hood were not being met. 6. No one appeared in person to oppose the issuance of the license and no petitions were presented in opposition to the issu- ance of the license. City Council, therefore, finds and determines that, based upon the foregoing and the entire record and evidence contained herein, the needs and requirements of the neighborhood, as estab- lished herein, have not ·been met by existing licenses and that the application herein for 3.2 Beer License for consumption on the premises should be and is hereby granted. ADOPTED AND APPROVED this day of August, 1979. Attest: Mayor Deputy C1ty Clerk -2- I • • ....... ...... • • • • • • II I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, hereby certify that the above is a true, accurate, and complete copy of Resolution No. , Series of 1979. Janice L. Watkins, Deputy City Clerk -3-I • - • • • • RESOLUTION NO. SERIES OF 1979-- • • • A RESOLUTION APPROVING THE APPLICATION OF COLORADO PIZZA CORPORATION, DOING BUSINESS AS MR. GATTI'S, FOR A RETAIL 3.2% BEVERAGE LICENSE FOR CONSUMPTION ON THE PREMISES TO BE LOCATED AT 225 EAST JEFFERSON AVENUE, ENGLEWOOD, COLORADO. WHEREAS, Colorado P i zza Corporation, d/b/a Mr. Gatti's, has made application pursuant to the provisions of Article 47, Title 12, CRS'73, as amended, for a 3.2 Beer License to be located at 225 East Jefferson Avenue, Englewood, Colorado; and WHEREAS, notice o f s a i d application and notice of publi c hearing thereon having been g i ven and the hearing having been conducted on the 23rd day o f J uly, 1979 before the City Counc il , as the local licensi ng author i ty. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: That based on the application of Colorado Pizza Corporation and the testimony and exhibits received at the public hearing, the City Council of the City of Englewood, as the local licensing authority, does hereby make and adopt the following findings and conclusions: 1. That all legal notices, publications and postings with reference to the public hearing were proper and consistent with the requirements of Article 47, Title 12, CRS '73, as amended. 2. That the City Council designated an area of one (1) mile in radius as the "neighborhood" to be considered in granting the applicant's request for said 3.2 Beer License. 3. Mr. Max Scott, President of Oedipus, Inc., 1200 Pearl Street, Boulder, Colorado, testified that he was employed by the City to conduct a survey to determine the needs and desires of the residents of the neighborhood. He submitted 6 petitions (City's Exhibits"Cl"through"c6 ")together with a report of the survey (City's Exhibit "B). 4. The results of the Oedipus survey revealed that 935 total contacts were attempted and of that figure, 304 were not at home, but 631 actual contacts were made within the defined neighborhood. Of the 631 actually contacted, 379, or 60.06%, signed the petition stating that the needs and desires of the neighborhood were not I • - - • • • • • • • met; 76, or 12.04%, stated that the needs and desires of the neighborhood were met and signed petitions against the issuance of of the license; 36 of those contacts would not sign any petition; 62 preferred to remain neutral; 62 were not qualified to sign any petition. The remainder gave other miscellaneous reasons for not signing the petition either for or against the issuance of a license. 5. Mr. John Odell of 10700 E. Dartmouth Avenue, Denver, appeared as a witness on behalf of the applicant corporation, offered testimony as to the background and concept of the Mr. Gatti's restaurant, and also offered testimony as to the needs and desires of the area as well as the control and dispensing of 3.2 beer in the restaurant. Mr. Raymond H. Hall, owner of Tender Lean Meats, 295 E. Jefferson Ave., Englewood, appeared before Council, was sworn, and stated that in his opinion the needs and desires of the area for the restaurant serving 3.2 beer were not being satisfied at the present time. Ms. Natasha Nola, 13200 E. Glendale Place, Aurora, appeared before Council and was sworn. Ms. Nola's testimony was that she is the owner of Hair Flair Beauty Salon located in the Dry Creek Shopping Center where the proposed Mr. Gatti's will be located. Ms. Nola Stated she felt the needs and desires of the neighborhood were not being met and would patronize the restaurant. Mr. William Honeyman, 3226 S. Sherman Street, Englewood, appeared before Council and was sworn. Mr. Honeyman's testimony essentially was that he felt the needs and desires of the neighbor- hood were not being met. 6. No one appeared in person to oppose the issuance of the license and no petitions were presented in opposition to the issu- ance of the license. City Council, therefore, finds and determines that, based upon the foregoing and the entire record and evidence contained herein, the needs and requirements of the neighborhood, as estab- lished herein, have not ·been met by existing licenses and that the application herein for 3.2 Beer License for consumption on the premises should be and is hereby granted. ADOPTED AND APPROVED this day of August, 1979. Attest: Mayor Deputy c~ty Clerk -2- I • • - - ' • • • • • I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, hereby certify that the above is a true, accurate, and complete copy of Resolution No. , Series of 1979. Jan1ce L. Watkins, Deputy City Clerk -3-I • - - • • • • • • • • 8 RESOLUTION NO.~~ SERIES OF 1979 A RESOLUTION AMENDING RESOLUTION NO. 18 CORRECTING THE LEGAL DESCRIP- TION OF THE PROPOSED DRAINAGE EASEMENT TO BE ACQUIRED BY PURCHASE OR CONDEMNATION FOR A WATER STORAGE FACILITY AND APPURTENANCES. WHEREAS, on May 7, 1979 the City Council of the City of Englewood, Colorado adopted and approved Resolution No. 18, Series of 1979, which authorized purchase or condemnation of ce rtain parcels of real property for a tank site and proposed drainage easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Section 1 of Resolution No. 18, Series of 1 979, Legal Description of Proposed Drainage Easement, should be struck and the following legal description substituted: Attest: LEGAL DESCRIPTION OF PROPOSED DRAINAGE EASEMENT A 30 foot drainage easement located in the NE l/4 of Section 15, Township 5 South, Range 68 West of the 6th Principal Meridian, City of Englewood, County of Arapahoe, State of Colorado, more particu - larly described as follows: COMMENCING at the SE corner of Lot 21, Block 3, BROOKRIDGE HEIGHTS; thence N 60°59'00" West along the Southwesterly boundary line of said Block 3 a distance of 148 feet; thence s 29°01'00" West a distance of 180 feet to the true point of beginning; thence continuing South 29°01'00" West a distance of 359.27 feet to a point on the Northeasterly line of that easement described in Book 1266 at page 570, Arapahoe County Records; thence S 46°38'00" East along said Northeasterly line a distance of 30.97 feet; thence N 29°01'00" East a distance of 366.94 feet; thence N 60°59'00" West a distance of 30 feet to the true point of beginning, containing 10,894 squar e feet or 0.250 acres. ADOPTED AND APPROVED thi~(}~day of August, 1979. Mayor Deputy City Clerk I • ...... • • • • • • I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, do hereby certify that the above and fore- going is a true, accurate and complete copy of Resolution No. Series of 1979. Janice L. Watkins, Deputy City Clerk I . - (. • • • • • • • RESOLUTION NO. , {J. SERIES OF 1979 A RESOLUTION AMENDING RESOLUTION NO. 18 CORRECTING THE LEGAL DESCRIP- TION OF THE PROPOSED DRAINAGE EASEMENT TO BE ACQUIRED BY PURCHASE OR CONDEMNATION FOR A WATER STORAGE FACILITY AND APPURTENANCES. WHEREAS, on May 7, 1979 the City Council of the City of Englewood, Colorado adopted and approved Resolution No. 18, Series of 1979, which authorized purchase or condemnation of certain parcels of real property for a tank site and proposed drainage easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Section 1 of Resolution No. 18, Series of 1979, Legal Description of Proposed Drainage Easement, should be struck and the following legal description substituted: Attest: LEGAL DESCRIPTION OF PROPOSED DRAINAGE EASEMENT A 30 foot drainage easement located in the NE l/4 of Section 15, Township 5 South, Range 68 West of the 6th Principal Meridian, City of Englewood, County of Arapahoe, State of Colorado, more particu- larly described as follows: COMMENCING at the SE corner of Lot 21, Block 3, BROOKRIDGE HEIGHTS; thence N 60°59'00" West along the Southwesterly boundary line of said Block 3 a distance of 148 feet; thence S 29°01'00" West a distance of 180 feet to the true point of beginning; thence continuing South 29°01'00" West a distance of 359.27 feet to a point on the Northeasterly line of that easement described in Book 1266 at page 570, Arapahoe County Records; thence S 46°38'00" East along said Northeasterly line a distance of 30.97 feet; thence N 29°01'00" East a distance of 366.94 feet; thence N 60°59'00" West a distance of 30 feet to the true point of beginning, containing 10,894 square feet or 0.250 acres. ADOPTED AND APPROVED this~~day of August, 1979. Mayor Deputy C~ty Clerk I • • - • • • • • (.. I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, do hereby certify that the above and for~~ going is a true, accurate and complete copy of Resolution No~ Series of 1979. ---- Janice L. Watkins, Deputy City Clerk • f • I • - • • ' • RESOLUTION NO.~ SERIES OF 1979 • • • 8 G A RESOLUTION AMENDING RESOLUTION NO. 20, ADOPTED AND APPROVED ON THE 7th DAY OF MAY, 1979, AUTHORIZING FULL PAYMENT TO THE OWNER OR OCCUPANT OF RESIDENTIAL PROPERTY WHO BECAME LIABLE FOR AND PAID TO THAW FROZEN WATER SERVICE LINES. WHEREAS, on May 7, 1979, the City Council of the City of Englewood, Colorado, adopted and approved Resolution No. 20, Series of 1979, which, among other things, authorized payment to the owner or occupant of residential property who became liable for the expenditure of funds to thaw frozen water service lines in the public right-of-way pursuant to a certain formula set out in Sections 2 and 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Sections 2 and 3 of Resolution No. 20, Series of 1979, are hereby struck and held for naught, and the following lan- guage is hereby substituted therefor: Section 2. Qualifications for Compensation. That the owner or occupant of residential property who became liable for and expended funds to thaw frozen water service lines in the public right-of-way for their homes or residences shall, upon application to the Water Division of the Department of Utilities, be reimbursed in full for their expenses therefor, subject, however, to Sections 4, 5 and 6 hereof. Section 2. That Section 6 of Resolution No. 20, Series of 1979, is hereby modified in the following respect to read as follows: Section 6. Deadline to File Claims. All property owners or occupants of residential properties who may be entitled to receive compensation under the provisions of this Resolution shall file said application with the Water Division of the Department of Utilities, 3400 South Elati Street, Englewood, Co orado 80110, no later than the close of business on . J() 1'11 No application shall be accep e , processed, nor s all any compensa- tion be paid to any applicant thereafter. I • ...... ...... ·' • • • • • ADOPTED AND APPROVED this _______ day of August, 1979. Mayor Attest: Deputy City Clerk I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, hereby certify that the above is a true, accurate, and complete copy of Amendment to Resolution No. 20, Series of 1979. Janice L. Watkins, Deputy City Clerk -2- I • • - • • - TO: Andy McCown. C i ty Manager FROM: Stewart H. Fonda, Director of Utilities DATE : August 7, 1979 SUBJECT: Rebates for Thaw;ng Frozen Water Service lines The following rebates were given for thawing frozen water service lines: 1001: Alllount 1. 18 $ 5,534.46 75 % 2. 8 1,995.93 50 % 3. 25 4.084.93 Total 51 $11.615.32 If 100% had been paid to all applicants the total would increase by $4,750. ~ """st.,...ew-ar...,.t H. Fonda SHF/kr I . ( • • ' • • ( • RESOLUTION NO.~ SERIES OF 1979 • • • A RESOLUTION AMENDING RESOLUTION NO. 20, ADOPTED AND APPROVED ON THE 7th DAY OF MAY, 1979, AUTHORIZING FULL PAYMENT TO THE OWNER OR OCCUPANT OF RESIDENTIAL PROPERTY WHO BECAME LIABLE FOR AND PAID TO THAW FROZEN WATER SERVICE LINES. WHEREAS, on May 7, 1979, the City Council of the City of Englewood, Colorado, adopted and approved Resolution No. 20, Series of 1979, which, among other things, authorized payment to the owner or occupant of residential property who became liable for the expenditure of funds to thaw frozen water service lines in the public right-of-way pursuant to a certain formula set out in Sections 2 and 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Sections 2 and 3 of Resolution No. 20, Series of 1979, are hereby struck and held for naught, and the following lan- guage is hereby substituted therefor: Section 2. Qualifications for Compensation. That the owner or occupant of residential property who became liable for and expended funds to thaw frozen water service lines in the public right-of-way for their homes or residences shall, upon application to the Water Division of the Department of Utilities, be reimbursed in full for their expenses therefor, subject, however, to Sections 4, 5 and 6 hereof. Section 2. That Section 6 of Resolution No. 20, Series of 1979, is hereby modified in the following respect to read as follows: Section 6. Deadline to File Claims. All property owners or occupants of residential properties who may be entitled to receive compensation under the provisions of this Resolution shall file said application with the Water Division of the Department of Utilities, 3400 South Elati Street, Englewood, Co orado 80110, no later than the close of business on No application shall be acce e , processe , nor shall any compensa- tion be paid to any applicant thereafter. • I • • ________ !:) D ....... ....... • • • ( • • • ADOPTED AND APPROVED this ______ ~day of Auqust, 1979. Mayor Attest: Deputy C1ty Clerk I, Janice L. Watkins, Deputy City Clerk of the City of Enqlewood, Colorado, hereby certify that the above is a true, accurate, and co.plete copy of Amendment to Resolution No. 20, Series of 1979. Janice L. Watkins, Deputy City Clerk -2- • I • • n ...... • • II C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT August 14 1979 Co..unity Developaent Block Grant INITIATED BY Richard S. Wanusb, Director -eo .. unity Developaent ACTION PROPOSED Authorize City Manager to sign contract for $226,000 in Co .. unity Developaent funds for Housing Rehabilitation INTRODUCTION: The City of Englewood applied for and received $226,000 in co .. unity Developaent Block Grant funds for housing rehabilitation. ~~CKGROUHD: On January 8, 1979, tbe City Council authorized the City Manager to sub•it a pre-application to the Depart.ent of H.U.D. for $226 ,000 to assist Englewood's Hoae Rehabilitation Progra•. Englewood was sub- sequently invited to subait a full application and, after a public bearing on May 7, 1979, did SO on May 8, 1979. Final H.U.D. approval bas just been received by H.U.D. and the at- tached contracts are the final step in the process of receiving money. CONCLUSIONS AND RECOMMENDATIONS: The signing of this contract will culainate an eigbt-.antb long ap-e plication process. Council should authorize the City Manager to execute the attached contract. • • I • - • • • • • • DEPARTMENT Of HOUSING AND URBAN DEVELOPMENT REGIONAUAAEA OHICE EXECUTIVE TOWER-1405 CURTIS STREET IIEGIOM \1111 Mr. Andrew McCOtiln City Manager 3400 South Elati Englewood, Colorado 80110 Dear Mr. McCCMI: DENVER ,COLORAOO ~ July 25, 1979 R r.::· ,e--r ~ . -...... ,... L. .. ·\: ...... ~.) ,;,ry .\~At.:··~!:~:~ ';F ,,·L (f,1Gt il•l :•uD ,.;. IN REPLY REF"EA TO : a soc Congratulations on the recent approval of your Fiscal Year 1979 Community Develo~ent Block Grant (CDBG) application. With this letter, we are providing instructions and guidance to assist you in the adlinistration of your grant. Enclosed are four copies of the approved Grant Agree.ent and funding approval fonas. Please execute the enclosed Form HUD-7082, with attached standard contract provisions. Return three copies to the Denver Regional/Area Office and retain one copy for your files. The executed Grant AgreMent IIIUst be received by HIJ) prior to a.ending the Letter of Credit. Acceptance of the Grant constitutes an agreement by the city of Englewood to abide by the ite.s listed below: 1. lteN 20 of the Grant Agree.ent has special language related to the Housing Assistance Plan. Please note the conditional approval. 2. You subllitted evidence that you had c-.,leted your Environmental Review responsibilities prior to our approval of the grant. Consequently, you m~ obligate funds for the approved projects. When monitoring your grant award this program year, we will e.phasize four areas: Progra. Progress, Housing Assistance Plan Progress, Citizen Participation, and Program Benefit Rule. Acceptable performance in these areas will be a prerequisite ·to any future funding from HUD. AR EA O FFICE Dolo-. Colondo I • - • • • • • 2 Another area of emphasis will be minority entrepreneurship. We encourage grantees to use contracting and procureMent procedures which will afford minority contractors and businesses an opportunity to participate in CDBG-funded projects. This emphasis is a priority of this Department and we hope the Region VIII grantees will enthusiastically support it. Should you have any questions regarding this letter or require assistance in any way, please contact your COMmUnity Development Representative, Ms. Sharon Jewe 11, at ( 303) 837-4666. Sincerely, -'? I t • .... /. ...,:.,_. L-· / . )-:: ·-~ ~c C . ~-~ ... ,..-/ . -· Robert J. Matu5chek Director Community Planning and Development Enclosures I . • - • • r---- •' U ~ nr P•fltMfN1 Of HO U~I N (. AN P U R !\AN 0[Vfl0PMfN1 . (0¥MUNI T'f O(V fLOPMfN' ULOfk CR AN l PR OGR .t.M FUNDING APPROVAL UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 (Pul.lic Low 93-383) ' 11 111'1 ., • ...... ,,. ""' 2 ~P P LI\,_A.tiO .... v f'•N T f.t Q Cl'rY OF ENGLEWOOD B-79-DS -08-0002 -----' ~I'• o ,;·,._;.,I"';~ l.il f ,;:;t •,• ;,n, I::J a ~,,,......,, l ;,,, I (#oHII···· 5 r•r.--ld 7.•~ I o,j .J.-;-4 . (lAT E OF APP LIC A TION 3400 South Elati 5-8-79 Englewood, Colorado 80110 "5.[)A1£'oF HU O RECEIPT o r ;..P PLI C ATI O N 5-9-79 --··--·--.. iX .I 011gonal Fundong Approval : . ; Amendment. Amendment No r-M! s~c t !O!' _!!fcrenE eS belo! !tC _lo_the_H!!U~"l.i.!n<! _Co_""!''J~•!Dlt~lllP~'rn J ~cl Q.f l974 unl~~ Qtherwose ondocaled . I CATf(;()IIY Of COMMUNITY DEVElOPMENT BLOC« CIIANT fOil THI~ FUND ING ACTION (C'I•r• lrt ntth· u11~·J a.: : loleltopoltla n Enlttlemenlf Sec . 1061 b., X 'lle ltopolttan Ooscoeltonlry (Sec . 106 ) S~LE PURPOSE (I)----·--Den:er . SMSA . State of Colorado (.'.lf' <I .\ rmu'} c. , Non ·MrtroiJQiotan En:otlemenl (Sec. 106) d ' . Non ·loletroiJOittan Doscretronary (Stc . 1061 c.: ; Secoelary's Drscrehonlry (Sec. 101) I · Urgcnl Nerds Fund (Sec . 103(bl l I . AMOUNT OF COMMUNITY DEVfLDPMENT BLOC« GRANT FUND~ APPROVED a. Arnounl of CDBG Funds Currently Reserved for lhrs Applicant. ..... . ................... s 226 ,000 b. Amount ol CDBG Funds Now Beong Approved for this Appltcanl ....•. .. . . . . . . . . . .. . . ..... s 226,000------ (. Amount of Reseovation to be Cancelled (Line Ba monus Bbl ..... '. . . . . . .......... . ... s -0- -----------. ---· --HUD A~<;_O_!.!".!IM_C USE OML Y ------·- ITIJ HiM~ OTI D D [] OJ tJo~i2Tf1 rrnTrrr1 I I I I I I I a • ' . • .. .. .. .. .. , •• .. WTIITTTi r ll r rJ fT ITrTi ~ rrn 2 1 I lscriTTI I ! r 1 I I I I I I I I ' " .. .. •• . . .. .. .. >0 H H 9 . D r ~T RIBUl ION OF APPROVED CO*UN rTY DEVELOPMENT II LOCK CR4NT s -0- a. Grant Amount Buc!aeled by Locality for Repilymenl of Urban Renewal Loillls .....•....•........ h. Grant Amount Reserved for Guarantee of Loans lor Acquosrlion of Property (Stc. 108(b) ) ...•...•... S ____ -o-____ • I • • c. Gr an t Amou nt Deducled by HUD to Settle Oulslandone Urbin Re~wal Loans -0-(Sec . 112(al(l)) . . . . . . . . . . . .. . . .. . . . .. . . . . . . . . . -................... . .. . . . s d. Sum of Iones 9a . 9b . and 9c ........................................•......•... s -'CJ---- e. Aonounl of Appr ovea CDBG Avaolable lor Dosbuosernenl (Lme Bb monus 9dl ... _ .......•....•... s~oo---- -- • - • • • • INSTRUCTIONS 5 . l ·ru-:1 rl.,· lll ••l'lft . d .l\ ~nd \l':u th:ll the ~•l'lllt t:alhll l '" .ll l h,'lld.tltu~· W3S u ."n'l\'t.'J , provuh·d 1h a 111 \ol..t~Jl!dJ!l'lJ In he c o u1ph-1t.· .• .llltl rh •. : 75 J,,, pt'Tu.U ''.J) 'laah.'d 111 .tlt'tlldJth,'l' v.•ith ~4 f'FR _c;70 .J06 . If lhr .rpphcatiun "a s llh .. ot npkt r . t'lth'l tltt• c L~h· t k al rh ... • .uiJ111PnS. wlt11.:h m ~Jr lll'nnrpiC!r" wc:rr tl"<.'t'lVCd . Complet e o nl y when 7a nr 7 r 1\ chc.,·k,·d (, Cltl'd • tltl' ·'PI' .. 'IHI.JI~.: h n \ ('l"·r~ ··or•,::•nal f·unJtn!! AppHw ;tl"' fur the lint fund111g appro\'otl form c xr..:u1cd undrr ll u · f l.l lll llllll tht:t ,h··"·· Ill nh.,·~ !\tt, ~-Ctu~ .... ~ ''Allh."IH.IIJH'Ill'' lor SUb!ol!'qt~~nt fundmg approV31 fnrms l'Xecuted 11111.kr r!t ,· ~.tl ttt' _L!t .ullll lllllhcl . ~.'unrhl'J anlc.:nJmL'Hh undt..'l tltl· ~amc groant numh~r ..:unSC(Ullvely, s1ntmg wnh •·J." 1\. 1 h" :u nn uu h "'''h'Jr-d t!l tfu, hit ... :"-'lt all (X' I I Jilt ''"'~ tn luuJ, Jpprnpliarcd for CO Blcw.::k Grants. They shall nut Ill ; lud ,· .t ntonul ' pt..•rtalll lll ~· "' ,mplu ~ 111hJ11 lt..'l1l'\\'.1l hllhl,, v.lu,:h arc.• JunJirJ ~.:parJtcly in Rlo~k No. 10. ::.. t "'"'' 1!11 .uJhtll lll '*' ('I)(J(; '''"J:-. t..'Uttcntly aesrrvt..•d liu th1s Aprlkoant under thr grant uumher shnwn in 111 • ..:~ !'J,, ~ II ""'c 11dmcut. ''Iller th,· """'UIIt ul CIJBG lunds which hJvr been re~rvt'd sincr the C<lllll'lction nl I Itt..• p t\ \'tol ll!\ Fu :~tl i llt! ,\pprtl\'tJI furm . h hot,·o lho · ·"""""' ol Cllfl(; lmod~ """' h<·mg appruvtt.l fur llus Apph,·ant. If amendment. cn ttr nnly the '"' ,,.,.,,· ( •) "' '"'' "'·'"' 1-1111 the amt~unt nl ('1)11(; fund ; "l'l"""tt.l fnr """by this Applic~nt under the !!rani l l ll l llb.", '111•\\Jl I ll lllo~.._~ ~~~ ~- "''h ''·:·' iht• .l lltt ll <lll 1\11 lua.· !\h 11om tl~t • :uthHif lt l Ht lmt..• Sa and tnlrr 1ht• ,t.frcren~._·C" nn tlus line . 'J JI ll' IJII(IIIIIh I.'IIIC I4.'J Ill '"'' hJ ,, .. " ''1.111 J"t.'l IJIJ1 l lll l ~ Ill lht..• dt~rnbution or tlit.' granl :IIUl)UIH a pproved 0 11 I me 8b . a . h . I u h:t tlh· :tll ht tllll ,,,fll lll.ull~ hthl ~,·~t ·d h~ 1hc ln..:~hty lot tC'~ymc:nt uf urban rrrwwal lo;ms. (Ohtam th 1s t of'""' ''"'" "'l'i'"'''"C "'lo o·ol 11io-loor '""' II uf l'uom lllJ0-701 ~.5. Community lk•tlopmcnt Bud~rt.) Attach '"l,,·dl th·nh lh ·:tiiiiJ' tht..•f pflo~wlll }.! lnt;.'at..h lu JII l'tOjl't..'l Numhc:r : ___ --------- /\nu tll lll "' t. DB!, l 11 11d' hud )lt..'ft..•J h11 ln.tn u •payntt'llt · _ ------ 1 .. ,,., lit<· ·'"'"""' 'I'""" "" f11 1c ~ u f lkrn F n f •rru•vet.l Form IIUD·7015 .6 , Apphcat10n for Comm u nity Undttpu,nll I .-.111 t oii .Jt.J itlt..·"·· 11 .Jflpht..:.hll• . I ""'' tl10· ·'"'"'"" olo-olllo k ol h 1 lit 11> l'""'""t to1 ~-I ('f'l{ 570 .KO~ tu he u""d fm rcpJym cnt of u rhan re n e wal "'·'"'· A tlllh !<.d tl'duk. uuh".11111g lilt..· lttllt)WIIt~ lot rad 1luan. l't~•t t'r l Nnmh<'t · A ltlllllfll~t l t 'lliU. l oud~'" ht• :1pplll·J lo lnanll'f1.1)'1-11C'n~--__ -------- >\dd '"' .l'llt H III I !. llit h il l'"' 9 ;t . .,h. anJ '>t..· auU t...'lltt·r the s um on rlus line . S 11lo 11 a<t ;l;c """'""t '"' linl' 'lof fwm the amuu11t nn li11c llh 3nd enlcr the diffcrcntt on this line . This is thr ·"""'"" '" Cl>li<; lu11t.ls maJc availohlc hy this Fundin~: Approval form for disbursement thwugh the ~r•nt p ,t\ llh 't ll ~\ )h'll l (l· g .• ll'Ul'l nr Ctrdi l). H IJI, 1 0!~·' I /, • • I • - • • • • r------------------------------------------------------------------- 10 A'-'IOUf\11 OJ S u ArLUS UARAN REN£WAL F UNOS APPO\\V lll AN(l f'A L ANC( &.\. Atl l\t l ll tSr·, ll .~,h t l c. Amou n1 u l Sutplus U .R . Funds Rcst:ryetJ for thts A p p l•ran1 ........ . s h A muun t u f S ur p lus U R . Funds Now Bcu lg A~t'' nv cn ............. . -.... -s r.. Ualdncc of Surplu• U .A . Funus Avaolablc for FuiUr• Usc (/.ow · lila""'"'' /11/J/. ..... s HUC ACCOUNTING USE ONlY 11 REC,PIENTS Of APPfiiOVlD CIII:ANT AUOU,..TS tO[fltTtftCATtON OF AlCIPIEII!ITS 1---------. -------- Ill a . Applic•nt Identified in Block No. 1 b . Name and Address of Recipient Other Th~ Applic~t (J,wludt · .\·,,.,.,_ Ci1 1. li.unfl·. StQit' 1111J lip CuJt•J I APPROVED CO\AMU N I T Y DEVELOPMENT BLOC1t Gfiii&NT 121 ~0- s s -0-_;o..:- :.o-- APPRO V ED S U R PLUS URBAN RENEWAL FUNDS CJ I -0- -0- c . To~ Is 226,000 s -0- 12 AMOUNT OF LOAN GUARANTEE NOW BEING APPROVED (Srr. IOir(bJJ s 13 H[C ifl l lNT Of L O AN GUARANTEE (C:IJ r r i .nd t• •HH'/ a. r.t At>r>l ic•nt lderotoliet1 in Block No. 1 h . I I Recopoent Other Than Ar>ploc•nt (.\'amr atHI AdJrt'ss/ H U U 1012 d n , I . - • • • • lfJ . C"Pn tpkh u uh 11 ""~''"' f.!t;ull tw uJ\ ll'll l :tm~.·J .l lh'l tht · 'lltllh l .t l 'l'ltlrm~nl n t lll h;m ll'lh'\o\31 Jnd /tn ~l>P projcct(s} . . tll u ll ou"' luoH I\ loJVC nCl'll rc .""P •ru '"rho~ Applll'JIII. Rl'll'ICII(C ' ~4 rFR 570.1!01. II l.tth:r tiJ ,· :uttounl ul ,,oplu:\ l ' K. futu .. b. fl'"-''v,:d lua thl\ 1\ppllcsul. VL·rify 1111(, 411Huunl with the Re!tional A u '"'"""~ l>ov'""" 011 rh c foosr lum.li11~ Appo.,·.-.ol fmno on wloiclo tloi~ hlork is mooopleted . ~ntcr the lol•l """'""' "I >llll>lu~ !;. R . !'uiid' ,,.,,.,1\cd fur 1111' Applor;oool via Furon llliD-711\. Ooo suhs~<jUCill Fuoodinf. ~\ppH •v.d lot Ill\. ''lh.·thl·t ~·••g111al til Jlltl'Udm~.·all. t.'ttll.'t thr halalh.:e ufsurplu~ U R. funds a\'aiiJhlr ftH future u~. as ''"'""II unlm~.· 10l' of the: pr~vauus FunJm~ Appr nv.al lurm . plu s any ;~ddUJOnal4imuunt of surplus U . R. lund~ or"•ov,·d fur rhos Applor:uol voa Fuom(s) IIUU-7111 . h . l.ur,•o rl"· """""" ul ,uoplus 11 . R. lurllh nu-.· h,·ou~ app11wed for""' by rhis Applkanl. Tlus anoounl will bt dr '""'"'" IIIIUII~h I he gran I p•ynoenl S)'Sh'lll n<'lllg used lor CDR<.; funds (c . g .• kllrr of credit). If a lclltr of unlll " h.·on~ 11\Cd '" dishurSl· ('1)8(; tUIIU\, Ill<· 'JIIll' l<lll'r of 'crrdll will nl' U\rd to di ~burst surplus u . R . lund' c Suhlr.tt.:l tlu· 3ntnttlll on hn~ IOh frnm thC' JllhJunr un hnt• IO.a and enter thl· diffl•renc~ ''"this lm~. ( ttiiiiHH ( ~ t Colli IIIII ( 1 ). hiiL'I thl· :tlllPIIIII ufCUiiC fund s nnw ht'lll!' apprt"'Ctl for ust by the Apr1kan1 idrntefitd m Hlork ll:o. I . l:.n11:r till· JIIHIUill uf SUiplll!rro (I _ R funtls nnv.r hrin)! Jf'PHl\l'd for Ust' by thl· Apph c ~nt o<il'lllllo<'U 111 lllood No. I. h . ( u11tpkre unly when I here 1> • l,·~al 11ocapanry on rio,· pan of the Apphe•nt identified in Rlcork No. I . cunr uorcu on by IIIII>, rn wnrracl for all nf 11~<· •1'1"""'" grant assi~ranrc . Rtfrocncc : 24 rFR S70 .SOO. Culumn (I). ( lll lll lt ll (~) Co lumn ( 11 1-.ooo,·r rhe nam,· •nu wmpklc Jthlress (Srrcet . Crry. fnunty . S1a1r and Zop fndr) of the ll'copicnt. nrhro lhan rhr Applocanr . ol approved go ani funds . Any grant recipienl identified 111 rhos hh•d: IIIUSI e•rrutr 1h r f""" ·~rcrmrnl. aurhom.cd by I his Fundin& Apptoval. as a I'""Y rlococto I lll<'r rl or .1111o11n1 ol C'I)Bt; l11 nds """' hci11g •pproved for usc by the recipient orher 1han I Ill· Applo<.,lll. l111 n II~<· :11uuunr nl so11phos 11 R . luoods now brill~ •rprnvtd for usc by the redpitnt other lh•u llll' Apploc•lll . '"--C lt~t1p h.'ll' nnly wh ru lu•c II b ts cn111p lrh .. ·t.l . ("u fullllt (.l t I .IIICI '"'' <UII I "' lilt ~· II a I~ I a Old II h (~I . noc Inial 0111 $1 equal the •moun I ~hown on line l<n l.n~t·r rhc \Uno uf Iones II a PI a11d llh (.l). The !oral muslrtju•l the amount shown on line IOh I ~ 1 •.••. ,r io,· JllhHJIII slou wn "" lrn,• h u l lh·o n I· uf appru•·rd UUD-7015 .1>. Apphcahon for[ornnounoty ~vclupmrnt (_n,Ut (,II,Jf J IIh'l'. If .1ppf1L:Jhf4..·. I I I'"''~ Olu· ·'1'1''"1'""''' ""' n,,.,·~ 1.1h ""'~when rhr"· os :o kfJIIIt.:•p•roty on the pJrl ufrhc Appli.:JIIIodrlltlficdin I ll···~ "" I "''"'"'''"Ill hy Ifi ll>.'" nooolo•rr fur lloe "PJ'HIVC d luan auaranlrt assistan.:e. l{efercncr : ~4 CI'R '70 7r ko '"'"' olo .· "·""'. ·"'" '""'f'l,·r,· aJJ .. -;, (Srrc,·r . Cory . County . St•rr and Zip Code) of tht loan guar•nter "'"'l'h "' '''" IH.II t ~u :u .utln' rt· .. tptL~rl! u.Jrnltf, .. ·J 111 rlus bJ ,~·k must L'X~c uh: the gunt itgrrrmcnt . otuthoraLed by tl+t' l uml lltf ,\pp11-t\,tl. ·" .1 fl.JI1\ lhl'll'ltl. 1\l II Jlf.tl h I ' l 0il t\ f\olll/1-' • 'l tJII\11111 l u lht· h ''''J''l'lll L'llhL"r thl' AL:rcpr~uu:e l,rnvrsious (for a single rt.'Ltpicut) or the All l'llt :tl l' 1\t ' qli.J n.·:..· 111U\'I\HJIIS ((w lll l tlllpl~.· n·cipicnh). as :~pplk .. blc . I • - - • • • • • • 0 'lin· "1'1'"' ·'''"" "''l lllll'lll<llh .. 1 S..·,·. 1114 (.o I (I I. L'l .mol PI""' v.·aovt•d j'IIIMIJIII Ills.,, I ().I (h I {JJ . f\CffH as 11ulu:;1ll"d fwh tw : NA 0 Jil l() ita• J~ICIIIIIII<tf lhJI I I!~ Jt'I .. !IO<• oln,;oohnl Ill lin· Jf'J>lk:alltlll a> >IIJ'JIIllllll!( t'ttiiiiiiii RII ) Jevri"J'Illt'lll 1 ut•cds havrng ~ p~111.:ulao '"f"ll"). n Sfo!..:rti,·•ll) J,· ... ·uhcd 111 I he 1pph.:a11on . arc d<sogued lu llll'CI surh nrcd s. NA 16 . Em·ironmcntal Review A.:oiuns (a) 0 I (h) (!] Tire Applicant l3t'ks k~al .:apa.:lly tu usurn< rnvirunmenl•l ••·spunsihtltllcs undet So!r . 10-1 (h). li UD hu prepared and rtr..:ubtcd a fin3llnvunnrnent:al Impact Sl3temcnl "''the applicatinn . n.., A1•phuu1 has l<f>l ,·;,p;.,·ir)· tt• a><unoe <nvuunn!C'ntal respunsihtlilies under Sec. 104 (h) and has suhmitlcd r<ljiiCSIS for l<ka'f ul fuud> aud .:crllfk:atinns ~ppruvcd hy liUO under See . 104 (h)(~) for allprujo!..:ts ""'"-'pi tho>SC h srcd uudcr Item 17 (a) hereof 3nd the following cumpt .activotics : 17 . Ctmdiuunal AJ>prov.als nn Usc of funds fhc uhlipatrnn "' utilti..Jii••• uf funds fur lltt• ...:trvrtrn shuwn hcluw . un•pt tlor the rc~sun:~hlc admunSiralovc cnsrs related tu lilt' t•bnmuF and <'X•·.:nli••n uf the I"''~"''" hSied 111 whor.:lrun (:~). i> pruhihiled withoMll the further "'I''"" '"'Ill len :~ulluoril.aii<MI ,,f IIlli>. (a) Pro•~cls re<juirinl! HUD environmental ap1oruv;ol unJcr Se.:. 104 (h) (1): NA hUD -7012 IJ-71) • I • • UJ " • • I • Y.ll ~"fl·' ;·o. \11 ,•.1 : ·v td j.",,,fni,f ru .,hll •.'~l ,,, '~••··~ '·''"·u ' ,,. ,, ,, ·.·h'"' .. .,, ,\,,11 ,.1 ,,1, ,, ., ,, • ·r. 1 , •• ,1uw 1 q j 1 '"'•j '•I n',tlll • '•I' ,.,, 1'ul ;\ ·":: ,'I'l l , '•''I " , :.·~oil ' 11 \111' h•f t'· \ll l d ,!•· \,I )Ill 11"11 ,; lll't•J 111 /i otl ' )Ill"!.: ,1Jf I 0 ;1'1' ·;·!·1 \ I ''II() :Jtli dJ •.·~I ·'·IJII I I '')111'•1 h •l t ll':~) hi ;····· YH lliiiUIIIV At~•'!PV p,1\41tfHt,J : MU(.){J U .Vt PI(~ llllh•UII' ·''IIIII P·'·'IIJl .'' u;..''l "'''I tu..JliiJ(I!III.l lllt'l~ 'Jfll '.1,'5 '.1llr."qd,ly .1q1 pu•~ p.,.;nuh.I~!P SI 'PV ·"''II I•' I ·'fill '·'f'llll .l f'l!;irpeu .ltf ••1 (J 1UI ''II'JHIUII."liJ(l ·~.1111.\lllt: p.lStl\lnu.f :im"''II"J :ttfl Jtl ifmpunf 1n_1 uuur::"tftltiV 0 lll.ltll.lfJIJU .J 111~1~) t)()l UPIP.'S ~lll .lflp .1 H "·''I!AIPV ,lJtll ;ilpii J ')(I YH ('0~ 111.111 Ill tiiiUHHpllu.) Jr.!.1,1tiS '\r. p.l)l.1 .lW 'fr.Aulddr. Jr.IIU!I!(l11U.1 .'liJI .lt\Utll,ll 111 fl.'lJ~nh:u SUU!I.l£ .lAIJ .1.lJJU:l alfl 1111r. 'p ,ll!'lf ,(I!Aipr. lf.'ll~.l HI p,l..l'\,ll IJIIM MI 'J "'u"''"'"~·" ·'!.l!·'·"'s Jtf.l) : ... r.r '" '""''"'"~·" <IIlii ·'lll":"ruur. ,, ...... (''"""·'"'·""I'"' .{'II"~P ·'II" ,,,,.,.,v 1·•1 Yfl "·''IIAIPI: unrulnJr:.l of P·''ll'·ltl'"""' Jn 'SitJ;ltuptl.lHtr.tor.J;iuh.l ftl lftJ-.,lt r. ~r. U.l'fr.IJJf'll11 ·~II'·" tpllfM 'li .lllo:i.,Jr.l ofmp,n,l~tl .lljl '111111 ·" '·'IIIAI).1t~ ,\II\' fPJ Yfl : ·'I'I"I'"Ar. ·''' \r.IU J .,llt:IS!S't rr '·'P ·':I '·"I'" lf.'llfM '".1 '·'111f1.1CJ ·'~'"'"''P '" '""'II I' If r.) ~·II . -'·'S I ·') YH 'I'JI 'I ~~'·'• ·''I \t••u ·'lilt' I"'"': Jrl ·'l'·' 1 '·''fiH 'I 'll!~ lt lf ·'11"1 h lnh ll lt: 111 (n·"·' 1.11 1 p .llllll tl.q.•p '·''"'·" ''l'f"d 1 ~) f t') \Ill •.•, f 'I ) • • • • • --- - - - • • • • • Notwithstanding any other prov1s1on of the f.rant Agreement, the grant approval Js conditioned sub ject to the requirement ·that, 1~ithin 60 days after publication for effect of HUD regulations implementing the 1978 aQCndment to the "expected to reside" provisions ,of section D4(a) of the Housing and Communit_y Development Act of 1974, as amended; the grantee sha 11 submit any amend me nts to its Housing Assistance Plan which may be necessary to conform to such regulations. Failure to comply with this requirement shall be cause for HUD to restrict further obligations or expenditures by the grantee until the Housing Assistance Plan is in confo rm ance with such regulations~ as determined by HUD; to reduce the balance of the FY 1979 grant down to zero pursuant to Section 570.910 (b)(lO) of the regulations; or other appropriate actions determined to be appropriate by HUD pursuant to Section 570 .910 and Section 570.913 of the regulations. Tin· lundil1 1!, :..t•t"•w:.l uulk:th.•ll Jll4tYL' lut ulilit<~tiun uf tht ~uistancc proviJtJ tll~•cundcr 10 acctudancr wtth the Jjlf'll'Yl."J ·•Pt'l'";tlit•n. !~oUhJL'..:I ht tlh.' tl'ttuitt:tm:nts uf Tttl~ I ul lhC' "'*'''il"'t: and Cmnmunity lkvdo pmrnt Act of IQ74 (1'. L '1 .1-.IX.ll >ml lh•· lkpaollnrul ul llo~~o~in.: ami llohan lkvrl"f'"'<oll·s rulrs auJ rc~ubliuns . •nJ lhc cxc.:ullun of 3 (;t:IHI A}!-1\'l'llh.'lll iu :tn.:nn.lath:t.• thL'fCWllh, is hcu.·hy OIUthuti/Ctl r.u lhc rrn!,!f3U1 yc~u h"·~inninr. '"'u-t 1919 """ p ( 71 . ~·m"~ "' """'"' '"' "'''" ••~•·•"""' ~~·: --,A,-........ ~"...1...:-+'=~..J.,.~......,,l..<r:,.:J,...~-­ (SoE"alurc) Director, Office of Community Planning and Development (Torlc) ll l ll' \ppl1 •. 1111 ll••••ltt:d •"-•• IUthllll;.! h .. , hn·n .ullh••ll/\:,1 --------------------- H ~li' ;:;~-' _: '' I . - - • • • • • ACCEPT ANn rRO\'ISIONS Tlu.· (;raru A ~ll'Cntl'nl. authntllct.l h) I Itt~ Ut·pa1lmC'I1I uf lf•'""'"f! and l lrhan O..·vrlorm~nl cut ________________ _ Ulldl'l lht• FuuJuog "'''"""•' fuo ~··•""'•'""'itt••nl ""·. r . . : : ~-.... -.IS hcrthy .,-c,·ptcd by I lor Apph.:>nl ·~ Gr•nrcc under tilt' A'retmrnl ~nd the t;o•nh·•· ·~"·r• to wmply wrth thr terms md condotiom of the Agreement. apphc•hle l•w . r"'"'•'"'"' and all rcquorrmrnts ul IIUD . nnw ur her~aftcr tn effect. ~rtaininato the asnstancc pruvided . I Name of Applkant/Graorce) By : _____ _ (Sit:nature of Authururd Oflidal) Title : -----·-··-l>ate : -------- HUD -7012 IJ-77) • • I • • - • • ( • • • • ACCEM" A:-.n PHOVISIONS (~ ollly 1; f'ii'"K"'Ph .4 u:•pliu/ (ALRRNATE) The Grant Aarecmcnt authoriz.cd by the D&parbMnt or I "-inc ud Urbu Dnelopment on • under the Fundin& Appr.-1 rar application/pant no. __ i1 hereby .ccrpted loy the parties in the cepKIIIea indicated below 0 (The ApplicMt 1111111 COIIIplete IIIII lip Section A if uy party who i& not the Applicant il required to lip Section B) A. The KCqllanc:e of the Apeea.lt under Section B below by Ill)' party other than the Applicant Is due to the lcpl inupadty or the Appticut COIICUrred in by HUD, to eater into Apmnent with respect to the (put) (loin parant") bciac prowidecl thereunder to IUCh party. The Applic.ut hereby c:onsenu to the prcmlion of the (pant) (lou parantee) to sud! party • Gr~nt•. daiplatecl by the Applicant to undertake the propun, or th.t portion thereof, for which sud! (pant) (loan parutte) ileuthorized by HUD, and _,u raporuibillty in .-ria& th.t the party wif comply wilb the requiremenU of lhl A&ne-t IIIICI Ill "-"-of lhe Appticut rcpr ..... CGalpliua with pt«lplllic:atJon requircrMntl. I . Nune o( Appliceat: ---------------------- ~=---------------------------------------------- n•=----------------n..: _________ ___ (l!ldlllllily =· • a ...,._ for pMt ar ............ ....._ ia tile Fundina Apprcwal, illchldili till · tleo 1 • I'd,_....,.__. Iiiii ...._ 8) 11le GIIIIIIC hrial .... 1lllow ..-eo CGIIIIIr wtda till ea.._. c fir • of 1M Apeement, epplk:able llw, r ••u · • _. • ,,..,. 11 of llJD,-• ......_ 611 dlac:l,.........., to the ... tuc:~ prolided. .. ....., ......... \pi • ••G...-111111 .. 0 ° I. ~=----------------0 G1111t 0 l..oUI Gueranlte ~=-------------------------------------- Dk: __________________________ _ 0...: _____ _ 2. Nune : ______________________ _ ~=------------------------- (Speture of Authorized Officill) n•=------------------------------Date: ------- *""·.._ ........... : •• ,, ••·111-00t)/100 HU0-7012 13-771 I • - • • • • • • 0. 1. -~ r:JI ICXJSIIG .&liD OJII&I mvi:LCPMEN'r GIAJn' .IGREIM!RT CtiiiMTt JZRLai'll!lrr &LOOK GIWI'T PROOI.&M Upon execution or the Acceptance PJ"'Yisiona or tbis Grant Agreement, the Departllent or Bousinc aDd Orban DeYelos-nt (BtiD) acrees to pro- Tide to tbe Grant.ee the Pederal U8ist.aftce ander Title I or tbe Boudnc aDd eo-1nit7 Dnelop.ent Act or 1974 (P.L. 93-JBJ) eut.horiud b7 the Plmdinc ApproYal identitied therein, ftbject to the t.enas and CCIDdit.ions or this Grant. ~t. epplic&ble law, regulations and all other requ~t· or IIOD IIOW or bareatt.er 1D effect. '!'he Grant Aci'HIIIII'It is ettectiYe irith re..,.ct to web uaistanc:e as or the date tbe acceptance 1a aecuted ad ccmaist.a or each Plmd1111 Appronl 1nd acceptance bareto attached, tocet.her ttith the BDD appr?Yed application 8pec1fied therein, 1Dclucl1nc all¥ Aaaurcx:ee, cert.irications, ups, ecbadules or other ~esiooa a8de vitb respect thereto, the ROD Co-.zn1t7 Denlo~t Block Grant a.cu.lauana at 24 CPR Part S70 and tbe following General !el"'ll and Caadi tiou 1 1. Defini tiona a lxeept to tba extent .:>ditied or supplaented b7 the Grant .&g~t, ar17 t.ena cS.tined 1D !itle I or the Rousing and ec-mit7 ~nlo.-z,t Act ot 1974 or the BDD eo-uru.t7 Develo~t Block Grant •culatione at 24 CPR Part S70, ahall ban the Aile •ani.nc when ued barein. • I . - ( • • • • (a) ~t .._. t.bia CINDt ~t, a1 deecribed abon and -.q ~nt.e or ~-.st.e t.blreto. (b) fllpl1c•t •ana t.be •tit)-dea1Jnat.ed a1 a&ch in t.bl PlwU.nc ~ftl.. (c) Gnat.M •ana each •Uv deeipat.ed u a recipient tor crant or lo.n pumt.ee uaiet.ance 1D t.be Plmd.1nc jppronl aDd aicning t.he eccept.ance prortai.ona u Grantee ucler the qre-nt. (d) £asurances, vben capit.alised, •ana tbe certifications and UINI'ances eut.itt.ed with crmt appllcatiorsa puoawlt t.o t.he require- •nt.a or 214 en Part S70. (e) £8siat.aDce pronded under t.b1a Acre-111t •ana t.be crants and -.q loaDs Mc:ured b7 lOaD parant.eea pronded aDder this Acrea.mt. (t) Pn~cru MaDS t.bl ~i7 den~t procr-. project, or ot.blr ect.i n U.e. iDclwliDI t.be adlliD18t.rat.1CII t.blreo!, vi t.h reapec: t t.o 11bicb ...Ut..Dce 1a MUle prot'ided Willer t.b1a Acre-nt. 2. •§ect1on l• Copl1aDce 111 \be Pronsion ot Training. ls?lcn.er.t pd aaain••• Opportupit.itaa !'bie Ac,..._nt. 11 abject to t.be ~nt.e o! aectiCII 3 o! t.he llcNaiDc and Urban Dlftlo.-nt jet of 15168 (12 USC l70lu), u uenclec1, t.be IIDJ) Nculat.iCI\S 1awec1 puwaDt. t.beret.o at 24 CP'R Part 135. and ar13 applicable rulaa and orders ot IUD lanad thereunder prior t.o the HUD •t.honaat.ion ot t.a. Plmd1Dc ~Yal. I . - • • • • • • ). !be 01-aat.e Mall CCIM or Nql11ft t.o be luert.ed ill l'l&ll 111 all COiltract.e and aabc:Oiltr..:te tor t10rk ftunced ill .-bole or 1D part With uabt.ance prortcS.d under t.b11 ~t, U. -.ct.1on ·.3 cl.clae Mt forth ill 21, en uS.20(b). !be Ch-ant. aball Prortde 811Cb OOJ)ill of 2J, en Part lJS u --.v be DeCIII&J"7 tor the iDtonutiOil ot partiea to CCIDtracta ~1Nd to contain t.be eection 3 cla•. ). Flood Diwt.er Protectiona !'hie jg,.._nt 11 .ubJect t.o U. NQUiz.•nte ot tha Flood Diaaster Protection .let of 197.3 (P.L. 93-2.34). llo port.iCID ot tbt uebtence prortcS.cS UDder We qree_,t 11 ~ro..d tor accpbitioD or coaatruction purposes u defiDecS under MCtiCID J(a) ot Mid .let, tor ue 111 an area identified b7 the S.CNt.&z7 U ba'f'illc ... cial noocS buaJode which 11 located 1D a ~t7 DOt t.blr! ill o~ce V1tb the Nquiz.•nte for participation 111 the n&tioDal noocS iD&ranca PI'OC!'UI PIU'IIWlt to .. ction 20l(d) of aaid .let; and the ue ot ~ ueietance provided under W.s .acre-ent tor web acquiait.1CID or OCIDatn~ctioa 111 ~h identified areas 1n ~tiel then F&rticipatillc ill tbe DatiODal nood inlalrance PI'OIJ'aa aball be -.abJect to the ~dato1"7 JW"Cbue ot fioocS iuur&Dc:e requ.ir-.nts ot eectioa l02(a) of Mid .let, -contract or ..,..._nt tor tbt ale, l.eua, or ot.ber trcaafer ot laDeS ecquired, cleared or ~d td.th aeainanca JII'O'fided ud8r tbia ~t lball ooatain, 1t ..acb J..nd i1 located ill • area I . • - • • • • • "· 1d8DtU'ied b7 1.be lec:ret.arr u baftlll ..-cw tlood buanla and in tlfb1Ch 1.be ale Of tlood 1ullnDc1 baa beer! ~ &Yallable 8Jider the .. tiGD&l nood IDarlnCI .let Of 19681 U -*41 J.2 U.S.C. 1&001 et eeq., prort.liODa obl1cat1Dc t.be t.ruateree and it.a .uccessors or uailna to obtain and Mint.aa, ~ the a.arahip or .uch land, .ucb fiood iuurmce u NqlliNclllith reapect to financial usist.anee for Kquiait1Cil or CODatnaction pu'JI0811 Ubder NCtion 102(a) of the nood Di.auter Protection .let ot 1973. a&eb prorisions lhall be Nqllind DOtv1 t.bat.andinc the tact that t.be CCilltruction Gil .uch land 1a DOt it•lt flmad v1th uaiat.uce prorided ~r this Ac,.._nt. J.. IQutl Jrnplol!!nt 0pportup1tYI (a) fctirities and contrKt. not aub:!ect to Executhe Order p2J,6. u •ocled· In C&n7iAI out toM prop-u, the Grantee aball DOt diac1"1111Dat.e -cainst erq lllplOJel or applicant tor -,plo,.nt bec:auM of race, color, Nlic10D1 MX 1 or DatioDal Oricin. The Grant.ee .tlall take at1'1Jwat1ft ecUon t.o SDRre that appllcetta tor nplo~r.t are' ~o,.d, and that elllll~a are treated clllr1nc e.plo:r-nt, vitho~o :. NIU"d t.o ·t.beir race, color, Nl1C1Cil1 eu:, or uUonal or1c1n. ~ch Kt1Cil ab&ll !Delude, but Dot be l.imt.ed to, t.he follOWing: ~loJment, IQICJ'&d1ac 1 .._,tion, or truater; rec:J"'lita.nt or NCNit.Mnt ad•ertising; . . ~It or t.endutiOD; rat.ea of .-,y or other toru ot COI!pensation; and Mlection tor tra1n1Jac, includinc apprenticeabip. !'he Grantee ahall I . - • • • • • • s. pon 111 con.C\10111 plece1, ...S.l.tlle t.o ...,107"1 1nd ~Ucant1 !or -,p].o,_nt, eotice1 t.o be prorided b)' U. Ooftn.ent •ttlnc forth the prort1ion1 of t.b11 DandS..crtidutlon Cl&lae. !b. Ol'ctt.e ahall 1tate that all Clll&Utled applicant. will nceift CODaideratlon tor -,plo)'- ~t without racard t.o nee, color, rall&ion, aax, or utlonal ori&in. fbe Ol'ant.ee aball iDcorporat.e t.be torecoSDc l'aqll~ts o! t.hil paracr-,pb (a) iD all of its caat.racta tor procru wrlc, except contracts IOfti'Ded b)' p&racri!ph (b) of tbie MCtiCID, ctd vil.l raquire all o! its contractor. tor auch wrk to 1Dcorporate aucb l'aqlli.ruents in all eubcontract.s tor procru wrk. (b) CoDtrecte abject t.o Bxecuthe Order 11246. as fl!nded. Such contracts aball be eubject t.o IUD lqual -lo)'Mnt Opportunit)' rerula- tlons at 24 CPR Part 1)0 applicable to IUD aasiet.ed construction contracts. 1'be Grantee aball cau• or require t.o be iDMrted in f'ul.l in any DCDez-,pt CODt.ract 1nd eubcoatract tor construction wrlc, or .odi.!ication thereof, as defined in aaid rarulat.ions, which 18 paid tor in whole or in part with usiatance provided under t.hia ~t, the folloWing equal 'opportuni t7 clause a Au-iDa tbt pertonu.nce of t.his contract, t.be contractor acrees as tollovsa (l) !'be contractor Vill DOt cliaerilliD&t.e acainat any ~~~plo)'ee or applicant tor -,p~t beca• ot race, color, ra11c1on, Mx, or ut~ or1c1n. !be contractor will t.ake atrizwatift action t.o ensure I • - • • • • • 6. t.bat epplicMt.a an ~,_d, eel t.bat ~~an treat-ed *rin& ~,_,t, td.t.baut ncud to t.beir nee, color, Nlic1on, eu, or UUOD&l or1e1n. bb action lhall bcludl, but DOt be liait.ed to, the tolloviDca a.>lo,..nt, 1QIIrad1Dc, -.,uon, or tnnater, recNit- •Dt or recndt.-nt adnrt11-; lQ~:~tt or teiWiD&Uon; rates or~ or ot.llar tonu of c~naatlon; mel Mlection tor tJoa1n1n&, iDeluding appNDUceabip. the contractor acrees to poat in conspicuous places, aYalleble to 111plo7Ma eel appl.ice~ta tor lllplo,.nt, notices to be proricled b7 tbe CODtract-officer Mt~ fort.b the prortaions or t.hia DODdiaerildDauon clau ... (2) Tbe CODtract.or 11111, in all 80lic1tatiou or adnrtiae.ents tor lllpl.oJMa placed b7 or on bebalt ot the caatrac:tor, atate that all ql&&l.itied applicurt.a v1ll recehe COIIIIicleration tor lllplo,_,t without NCU'd to nee, color, Nliliaa, ea, or aaticmal or1c1n. (3) !be caatractor 11111 MDd to aacb labor union or Npresenta- t.he of 1mrbra td.th 111Ucb be bu a collec:t.iwe bariaiJWic arrHMnt or other caatract or lllldar~, a DOtice to be proricled b7 the Contract Colipliance Officer adYS.aiJic the aaid lebor 111liDrl or t!Orlters' repreaenta- t.ifta of t.be coatract.or'a co.it.nt llnMr t.bia eection and abal.l post oopiea of t.be DOUce 111. COD8pec:UOI&a pl.ecea aY&ileble to -.plo7Ma and Wliccta tor -.plo:r-nt . (4) !be coatractor v1ll OCIIIfll7 td.th all prortaiaaa ot •ecutive Grcler ll2l.6 ot ~ 2j,, l516S, ..S ot t.be rvlea, ftl\l].atiaaa, and • I . - • • • • • nleqnt ordara or t.be S.cnt.a17 ot J.bor. (S) 1'he contractor V1ll fllrnilh all 1Dto~t1CI) ~ nports nqu.ired b7 lxecuu .. Order 1121.6 or ~r 2J., l96S, Cld b)' t.he nalea 1 rel\llationa, and o...S.ra of the Secret.a17 of I..bor 1 or pursuant thereto, C'ld will pel'llit .cc .. a t.o bia booka, ncords, and accounts by t.be J:J.putaent C'ld the Secretar;r of J.bor for pupoaea ot 1nnstigation to ucert.ain COJW)liance with aaeh J'Ulea, reeulations, and ordt!rs. (6) In the nent of the ecmtract.or'e DODCC~~pliance With t.he non- diecrilaination elaueea or thia contract or With arq of weh n&les, nru.J.ations, or order a, thia ccmtract lilT be canceled, tlrainated or lllllplncled ill whole or 1n part and the contractor -.r be declared in- elicible tor further OoYei"DDIIent contracts or fecleral.J.7 assisted construc- tion contract proee~ea authorised ill lxecut1Ye Order 11246 or Sept.ellber 2J., 1516S, or b7 nala, nculat1on, or ozod,ar of the Secretary or J.bor 1 or &I OtherViaa proYidld b7 lav. (7) !"he ecmtractor Will include the portion or the Mntence S..diateq pr'eeedJ.Dc JIU&Craph (l) ad the JIZ'OYia1one or P&racraphs (l) throuch (7) 1n lftl")" 8Ubeontract or JIW'Cbue order unless uuapted b7 n&laa, nru.J.ationa, Or Orders or the Secretary or Labor issued pursuant to lection ~ or lxeeutin Order 11246 or Septu!ber 2S, 196$, 10 that aach pronaiona Will be bindJ.Dc upon each 8Ubeontnct.or or ftndor. The .. . . I • - • • (' • • • • e. OODtrector Will wte Mach ectioD With respect to ~ a&bcant.ract or Jl'li"Chue order u the DIP&rt.nt 111.f direct u a •ana ot .rorc1nc a&ch PI'Wiaiona, 1ncluctinc aanctiana tor DODcCIIIflliancea hoYided, IID.eYer, that 111 the -..at a contractor bec~a 111Yohed in, or 1a threaten.d With, litication With a 8Ubcantractor or Yedor u a result ot a&cb direction b7 the Dt~t, the contractor Ill.¥ request the United Statea to enter 111to a&ch litication to protect the interest of the United States. !he Grant.ee ~..,. acrees that it v1U be bound by the above ~ OPJIOrtllllit7 clase With respect to its own -.p!~nt practices llben 1t participates 1n federall7 &aaisted canatn~ct1on vork: Provided, that it the Grantee 11 P&rticipatinl is a State er lecal ce•enuaent, the aboft equal opportwu t,y clm~M 1a aot ~licable to aey acency, iDatnmeDtal1t7 or a&bc11Y1sion ot Reb COftn..nt llbich does not ....Ucipat.e 111 110rt on or UDder the contract. !he Grantee acreea that 1t v1U uaiat and cooperate actively Vi th t.lle ·~t and the Secret&~)' ot l.abor 1n obtainiDc the COIIpliance of COIJtrectora and a&bcantractors Vi th the equal OPJIOrtuni ty clase and the l'llles, reeulations, and reliYant orders ot the Secretary ot Labor; that it Vill .t'llnu.ah the DIP&rt...nt and the Secret.&J7 ot Labor auch 1Dforaatian U thq 111.Y f"equire tor the 8Uptniaion Of a&Ch COIIpliance; and that it Ifill otheMiiae aaaiat the Dt~nt 1n the diacbarce of its ~ reaponaibUit,y tor aecur1ne co..,lialce. I • - • • • • • • .,_ -· -o •Oo•oO o A -• - ~. !be Grantee 1\art.her ..,.._, that it Will retrain troa enterine into ert7 contract or contract ~t1cat1on aabject to lxecuti'ft Order 1121.6 ot S.ptnber 21., 196$, With a contractor debarred fl'OIII, or who baa not de~K~natrat.ed el1cib1li t7 tor, Go"ftmaent contracts and tederall7 usiat.ed constnaction contracts Pll'BUant to the executive ol'der and vill C&rrJ out web Mnctions and penal ties tor Yiolat1on of the equal opportunity clause u 111.7 be illposed upon contr~tors and wbcontractors by the DIP&rt.111t or tbe Secretaey or Labor Ptrsuant to Part II, &lbpart D ot the aecuti"ft ol'der. In addition, the Grantee AIJ'eeS that if it falls or Tef'ules to CCllllplJ vith f.beae QndertaJc:tngs, the DeP&J"t.-ent -..y take &II,)' or all ot the tollov1nc actions: Cancel, tel'lli.nate, or wspend in whole or 1D put tbe IJ'ant or loan cuarantee; retrain tl'OIIl extending an,y lurt.ber assistance to the Grantee under the progru vith respect to Which the failure or refuSal occured until satis-· factoey assurance ot 1\lture CO~Ppliance baa been recei'ftd !rom IIUch Gr&."ltee; and refer the ca.ae to the DeP&Tt~ent or JUstice tor approp~iate legal proceedings; S. l!lad-Based Pa.int Raaarda 1 '!'he constnaction or rehabilitation of residential structures with a.asinance PTO'f'ided under this AcreeMnt is abject to t.he BOD I.ead- Baeed Paint recul&tions, 21. CP'R Part JS. Mt7 IJ'ants or loans •de by the Grantee tor the rehabilitation ot residential atnactures vit.h usistance provided under t.hia AcreeMnt ahal.l be ada aabject to the • I • - • • f ' • • • • 10. prcrria1au to'r toM el1111aat.1on ot lead-baH paillt. baa~ uder ~b­ part. I ot eaid J'eCIIlat.tau, ed tbe Grantee ehall. be r .. pona1ble tor U. iupect1au ud ovt.ilicat.SoU l'eqll1J'ed WIDder eect.ton lS .l.4(t) t.bereot. 6. C=J.ifnce with 41r and Vat.er Act.aa 2'b11 ~t. 11 .abject. to t.be Nqlllr .. nt.a ot the Clean Air Act., u -ndecl, ll2 USC 18S7 et. eeq., the PeCS.ral Wat.er Pollution C.t.rol Act, u ~cMcl, )) USC l2Sl et •q. ud the rqulations o! t.be IDYinxa.ctal Prot.eet.icm ~C7 with reapect thereto, at laO CFR Part. 15, .. ~cMcl tJ'OII tt. to tS.. In CCIIIpliance with laid Nl\llationa, t.he Grant.ee lhall cause or J'lqllira to be iDHrt.ed in fl&ll in all contracts and aubc:ontract.s Vi th napect to aq DODGIIIPt. trClHCtJ.cm t.hariWlder 1\mded with uaiatance proyided 11nder this ~t, t.be tollovinc NQilire-.ntaa (l) A ltipulat.ion b)' the contractor ot aubcontract.ors that any tacWt7 to be utilised in the pert~ce ot ~ DOnUIIIPt contrac t or a&bcantract 11 DOt lilted dn t.be Lilt ot Yiolattnc FacWt.tes issue d b.r toM ID~t.al Protecticm Apnq (IPA) JIW"a&ant to laO CFR 15.20. (2) ~t b.r the caatractor to COIIply With all the requireMnts ot NCtion m ot the Claan All' Act., .. a.nded, (42USC l857c-8) and •ction )08 ot t.be P.CS.ral Vater Pollution Control Act., aa -nded, (3JUSC 1)18) ~latia& to iDapecUOD, .,Ditorin&, •t17, reporta, ed intormation, ····---------=~---- /0 ·---·~-.. --···· . • I • - • • • • • • u. u wll u all other requi,...nta 8Jieeitled 1n Mid •ct.lon l.1l, and ·~tlon )08, Cld all reculationa and pidelSD.a ia.ued thereunder. (J) £ •t.lpulat.ion tbat aa a cCIDClition tor the avU'd of the contract pra.pt notice will be litwn of ~ aot.lficat.ion receiYed troa t.he Director, Office of Federal kthitiea, IP,, 1nd1cating that a fae1lit7 utilised or to be at1llaec! tor t.be ccmtract is under consideration to be listed on the IP' List ot Yiolating Facilities. (!.) qree.nt b7 the contractor tbat be vi.ll include or cause to be included the criteria ad ~t.a 1n pua,raph (l) through (!.) of tbia ~tlon in etw27 ~ M~bcontraet and requirinc that tbe contractor v1.ll take nch actiCD u the Goft"-!t ~ direct as a -.na of enforcing aach PI'OY1a1ona. In no eY&nt. 8ball &n1 aaunt ot tbe uaiat.ance prortded UDder this ~t be 1lt.illaed vi th re8J18ct to a facilit7 11bich baa ghen rise to & conrtct.lon UDder HCtiOD ll)(c)(l) ot tbe Clean Air kt or MCtion 309(c) of the Federal Vater Pollution Control £ct. 7. P!deral Labor St.ancianls Pronaiona: Except with re8pect to tbe rehabilitation ot residential property deaiped tor residential ue tor leas tban eicht fUiliea, the Grantee and all contractora qa,ed UDder contracts in exceaa ot $2,000 tor the OCIIYt.ruct.ion, proaec:ut.ion, CCIIIIIlletiCD or repair ot ~ build1Dc or work f'inaDced in llbole or in part vi tb uaiet.ance PI'OYided UDder Wa A;ree- • I . • J I - • • • • 12. _,t, ehall ca.pl.)o Vi tb BOD NQid~nta pert.a1Ainc t.o ~ch cont racts ud t .. ~licable requiNMnta ot tbe "CUlationa ot tbe Dep&rt.~~ent fd t.bor 11Dder 29 en Part.a 3, S ud Sa, 10'ni"D1ftt the ~nt of vapa and tJII ratio ot ~I'Clticea ad t.ra.iaMa t.o jCIQ.me,.an: Prorided, that 1t ...,, rat.ea b1pr thaD tbon required UDder wch "culationa are ~aed by atate or local lav, DOtbiac hereunder is 1At..nded t.o "lien the Grantee ot ita obUcation, 1t any, t.o require pq.nt ot tbe bieber rate a. the Orutee ahal.l cauae or re~ire t.o be 1Anrt.ed 1D lUll, 1n all web contracts ~bject to ~ch nculationa, PJ'OYiliona ... tin& the requi~ta ot 29 en s .s. Jo award or the contracts COYered UDder this lection or the Acree.nt ahall be JUde to 11117 contl'act.or 1lbo 11 at tbe tiae ineli&ible UDder the proyiaiona or.IJ\Y ~licable reculationa or the Depart.•nt of Labor t.o recein an award of nr::h contract. 8. Onder Title VI ot the Civil R1 hts Act of 1 L !'b11 ~t 11 abject t.o t.bl riQUiraclta ot '1'1 tle VI ot the CiYil ticbta at fd 1964 (P.L. ~3S2) and IUD "IUlatioDI With reapec:t t.beret.o 1Dcllad1Dc t.be recuationa tmder ~ CFR Part l. In the lale, l .. se or ot.ber t.ranater ot lmd .cquired, clell'ed or ~rond With usiltance proyided 11Dder t.hia Acre-ant, the Grantee ahal.l cauae or require a OO'NUDt Nnninc Vi t.b the l.nd t.o be iDaert.ed 1D the deed or le ... tor -·-·---------- I . . I~ - • • • • • • 1.) • .ucb t.ranafer, prohibitina diecl"ia1Dat1on apm the bull of race, color, relipon, HX, or utional oJ"iain, ill the llale, le .. or l'erlt.al, or 1n t.be ... or occupanc7 or .ucb leeS or .rv -roftMilt.a er.ct.ed or to be er.cted thereon, and proncU.na t.bat the Grantee ancS tile United States ue benericiariea of and entit.lecS to enforce .uch coqnant. The Grantee, ill uclert.akina ite oblicatian in CaJ'J"7'inn out the procram assisted here- 'llftder, qreee to t.alce .uch •..urea aa are zaecesi&J'7 to enforce such co•enant and v1ll DOt 1taelt 80 diacl'1aill&te. 9. Obligations of Grantee vi th Respect to Cert.ain Third Party Relationships' !'he Grantee aball re.un fllll7 obliaat.ecS UDCSer the pronsions of the ~t notvithst.andina 1t.a deaipatian of e117 t.bird part7 or parties for the UDCSert.akinc of all or eJ17 part of the PTOcrua with res- pect to llh:lch uailtance 11 beine pronded uder this q,..._nt to the Grantee. M!7 Grantee which 11 DOt t.be jpplicant, 8hall co.pl7 v1 th all lavf'ul requiJ'ellenta or the Applicant neceas&r7 to insure that the progrOJr, with respect to which usiatance ia beinc pronded under this Acree~~~ent to the Grantee 11 carried out in accoJ"dance with the jpplicant 's Assurances and certiticatiaoa, illeludine t.boae with respect to the &aiWIIption or .r~rtJoor.ental re~nsibllities of t.be jpplicant uder Metion lOI!(h) of t.be Roua1na ancS eo..unt-7 Da.alop.ent £ct of 197~. 10. Interest of Certain rederal Otricials; 1o ..-,.r of or Dllecate to t.be Coaa:esa of t.be Vnited St.ates, and DO .aident c:o-1arioner, lhal.l M edllitted to eJ17 ....,.. OJ' part or • I • - - • • ' • • • Wa ~1at or t.o _, benefit t.o an• troa t.a. -• u. lpt.erept or lllllbert, prncera, or llplOJ!!I or GrN!tee, ll!lb!rt or leC!l CJo!!migs !oclr. or Other Public ot!ici&ls• 11o Mllber, officer, or -.pl07N or tbe Grant.., or u.a desicnee s or -centt, DO Mllbe·r o! t.he COftmiD& bod;y o! t.he locality in Which the procru 11 aiwat.ed, ud DO otber p&blic otricial or auch locality or localitiea tlho ••rcilea arq !Unctiana or naponaibilities vit.h res- pect t.o t.he p-ocru diu-inc bit t.eaun or tor aae 7e&r t.hereatt.er, ahall . bne _, illt.ereat, direct or illdirect, ill ~ contract or aubeontract, or t.he proceeds tbenor, tor .,rk to be pertor.d in connection vi th the procraa assisted under t.be Ac~t. !be GrN!tee llhall incorporate, or case to incorporated, in all ncb cantraets or .WX:ontraets a pr"Ovision probibitin& wch interest pu-a&N!t to tbe p&rpoaea of this aec:tion. 12. Prohibition Acainst Pp!!nts or 1onua or Co9!1asion: fhe uailt.uee pro'ricled UDder t.hia AcreeMnt lbal.l not be u .. d in the ~t of a.y boDus or co.liasion tor t.he p&rpoae of obtaining HCZ appro'Yal of t.he lpplicatian tor IIUCh uaiat.c2ce, or BtTD appro'Yal of IIPJilieationa tor additional uabtanee, or UQ' other approval or con- CUJ"''enCe ot BtTD requiNd UDder t.b11 qrH.ent, 'fitle I ot the Housing and ec..mit¥ DnelopMnt .&ct. or 1974 or BUD reculations with reapect thereto; pro'ricled, bDw'ftr, t.bat na80Dable r ... or bona tide teebnical, .. ···•··· I • • - .- • • • • . . I • u. oouultut., ......-rial or ot.•r heb •mcu, 0\ber u.n 8Ctaal 80licU.at.lclll, ..,. aot. lleNb7 proldbUod 1t ot.a.rvbe •Ucible u JIII'Oina ooeta • I . • .I - - • • l '· • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE SUBJE'CT Aquat 16, 1979 AGENDA ITEM 9(b) 1979 and 1980 Audit Contract INITIATED BY Villi-D. Ja.es, Director of Finance ACTION PROPOSED Approval of the 1979 and 1980 Audit Contract • IHTRODUCTIOH A Council ea.aittee consisting of Donald Williams, Dave Clayton, and Donald Weber rec~nded to Council in 1978 the hiring of Peat, Harwick, Mitchell & Co. for conducting the 1978 audit. The reca..endation to Council included the extension of that contract for two .are years upon satisfactory performance of the 1978 audit. BAaGBOURD IIIFOIMATIOH Total coat of the 1978 audit vas $25,000. The revised contract proposes a 15% increaae over the two year period. The fees would be $27,000 for 1979 and $28,750 for 1980. aJRCLUSIOH AHD UcotmmATION Reca..end that the Mayor be authorized by Council to sign the contract • .. I • • - • • - .. 1:: 'i. If 1!: I ~ ~~ I ~ : l i; ' '::· .i ! ' '\ ! j : • I r SUGGESTED ACTION: MOVED BY • I . n0 SECOND ' YES NO ABSENT ... • - - • • • • • .. • PEAT, MARWICK, MITcHELL & Co. CBBTIPIBD PUIILIC ACCOUNTANTS Mr. William James Director of Finance City of Englewood 3400 South Elati Englewood, Colorado Dear Mr. James: 1800 JI•OA.DWAY DB:WVZB, COI.OBADO 80808 SOB--·-4010 August 14, 1979 Enclosed is a draft agreement for audit services to be provided by Peat, Marwick, Mitchell & Co. (PHM&Co.) to the City for the years ended December 31, 1979 and 1980. The contract is in keep- ing with discussions with the City Council that the City's auditors be rehired for a multi-year period, assuming satisfactory perfor- aance. As per our discussion with Council, this tvo year agreement aasures the City of a "not-to-exceed" audit fee not only for 1979 but for 1980 as well, assuming no aajor change in the scope of the audit, for an aggregate increase of 15% aver the tvo year period. This approach will also provide PHH&Co. the approval we need to schedule, plan, and coordinate the audit well in advance, which will .axtaize efficiency. Please review the draft at your earliest convenience so that we can resolve questions and finalize the contract. vbd Very truly yours, PEA~. ~r-} MITCHELL & CO. d~~- M. L. Rob\son, Pa:~r • RECEIVED AUG 16 1919 DEPT. OF m:ANCE ENGLEWOOD \ I r: I • • - / • • t( • I • I I I I ·, • • • A C I E E M E R T BETWEEN THE CITY OF ENGLEWOOD, COLOilAOO AlfD PEAT, IWlWICJ:, MITCHELL ' CO., ITS IIIDEPEIIDERT AUDITOR THIS AGREEMENT, made and entered into by and between the City of Enalevood, Colorado, a .unieipal corporation, hereinafter called the CIT!, and Peat, Marviek, Mitchell • Co., hereinafter called IRDEPEIDEIT AUDITORS, witneaaeth that : 1. For and in consideration of the autual eovenanta herein contained, the IRD!PDIDENT AUDITORS aaree that they will lUke an e.._ ination of the balance aheeta, revenue, expenditure• and budaet ca.pari- eon atateaenta and related income, fund balance and retained aarnlnae etat..ante, aad atatementa of chana•• in financial poaition of the funde of the CIT!. CIT! funde for tbie •ar•...,.t are .defined aa: General PUnd, Special le.enue Funda (i.e. Revenue Sherin&, Antlreeeaeionary Fiacal Aaalatance/Title II), Public I~rov.-.nt Fund, Enterpriae Yanda (i.e. Vater ud Sever, Munlelpal Golf Courae), Intreaove~t•l Ser- vice Funde (l.e. Servicenter, Self-Inauranee FUDd, Central Servieea), Special Aaaea..ant Funda, General Fixed Aaaete Groupe of Aceounta, ud General Lon& Tern~ Debt Croup of Account a, Fire, Pollee and !lt- ployeea Penaion Funda, Bi-City Joint Venture, and review of one .antb'a tranaaetiona of the Library aa required by the acreement with the Arapahoe Reaional Library District. Audit eoata for the above-men- tioned funda auet be submitted individually for eaeh fund. 2. It ia agreed that the CITY will pay the INDEPEIIDENT AUDI- TORS aa the audit work progresses. 3. It ia agreed that the examination will be made in aeeord- anee with generally aeeepted auditing atandarda and will include sueh teata of the accounting recorda and aueh other euditin& proeedurea •• ...... ~ ;," . . :.. ;~ .. ~ . :-: .-.~ .. ., ,. r: ~:. ... --~. i.. .. _ .. . ' I • - ·: ·.:-.r. ' .• .. : . ~. ~ ,, .· i .,_ /-. .. ,-· (_·.•.·. .. · .. •. ' 1 ·-··· ..... _·, $>·-:_ . x : ·. -~:; ·, • ; I j / • • • • • - 2 - the IJID!PDD!In' 4UDITOIS c:ondder nec:e .. ary ill the c:irc:-.tmcu for· the purpoee of upressina m opilliO.. on the afore-.ntioned fi.nftc:ial atat-ts. It I.e DOt contaplated that the INDEPIRD!In' ADDITOIS shall -.lte .a detailed ....U..tion of all transactions or that the exud.- -t'-a ab.all -.; .. aarUy dhcover freud, eboul.; any aziat. The 111- ·DUUiUt AUDl'tOIB &ball, however, illfor. the City Co~mcU of ey filutiaaa U..t appear to be lmU&ual or abnor.aJ.. Audiu of gnnu by the ~t of Bowoing and UrbaD DsveloJaent (BUD), or otbar grant- or qenei.es, except the coaplianc:e report required by the Office of .._. Sharing, vbicb require substantial u:teneions of audit pro- cedurn ad apeeiall.&ed report presentatf.CIIls &Te DDt included ill the proriaiGDs o£ tbia eontreet, althouab the IIIIIEP!liDar ADDITOIB vl.ll conduct neb elUIIUJI&tf.ons if required by BUD or the grantor agency and requested by the CI'rr, llouel.ng Authority, or appropriate govern- 1ng body • 4. In preparation for tbe -ination, the CITY vill P.re- pars the follovf.na for any and aU flmds: a) b) c) d) eo.bined balance sheet. eo.bined stat--.nt of aeneral aovera.ental revenue. eo.bined stata.ent of general governaental eKpendi- tures and ancmobrances. eo.bined schedule of loug-te~ debt. e) eo.bined schedule of investments by funds • f) g) h) i) j) Ia lance sheets •. Analyses of changes in flmd balences or retained earnings. Statement of revenue, expenditures and budget co~~parl.eons. Statements of revenue and eKpenses. Statements of changes in financial position. k) Supplementary echedules of statistical data. 1) Supporting schedules for financial stat~ts. a) Explanatory notes to the financial statements • • .f ! .. .---. ··-.: __ \i~ I ':'--.. :· .. , .. .::s-·-- ... ·.· ... ~- ' ~:-.. . . -.. ~ ... __ I • • - ( . '\. i . / ( I I 0 _,J • • • ' l • -3 - Sbould the CITY be unable to prepare thue it...,, the Ili- DE~DEIT AUDITORS ere authorized to prepare them at a coat coaputed. baaed at current ratea being uaed by the INDEPEBDENT AUDITORS at the tt.e of preparation and at an amount agreed upon by the City Couacil aa provided for in paragraph 7 • 5. The CITY agreea to eubmit to the INDEPENDENT AUDITORS the ezhibita. atat ... nta and schedule• eubject to the examination aa they are co.pleted and will endeavor to have them all aub.itted by not later than February 15, l98D, and the INDEPENDENT AUDITORS asree to eaert every effort toward co~leting the audit at the earlieat poaaibla data thereafter and in no event more than 45 daya after the date the laat eahibit, atate.ent and/or achedule ia aubaitted to th~ All proofa will be aub.itted to the INDEPENDENT AUDITORS for approval. 6. It ia underatood that the INDEPENDENT AUDITORS repre- aat th-elvea aa -11 qualified in -icipal accounting, and furthar tbat they aaree to exerciae due care and diligence and to diacharge their profeaaional aervicea apecified aa efficiently aa poaaible. Tba IIIDIPIIIDEIT AUDITORS' intent will ba to keep the faa •• low u poaaible, c~aurate .with the aervicea actually perforwed, but the aureaate faa ahall not exceed $27,000 . The INDEPENDEIIT AUDITORS ahould conaider in their total fee a "manage-.tt letter" with their evaluation of the financial adm i niatration of the City and ahall ap- pear before the Council to preaent their report upon ita completion. 7. Should the INDEPENDENT AUDITORS encounter a aituation during the courae of the audit that could not be anticipated at the tiee of thia Agreement , and should thia aituation, in the IIDEPENDEIT AUDITORS' opinion, require them to make a much more detailed exami- nation than they had originally anticipated in order to aatia ~y tha.- aelvea aa to the reaaonableneaa of the r epreaentationa aade in the • '. .. 1· ..• • ••• s: ·; t{:;~- ~.::. ~-. ....... "'• ...... .:. .. :;:. :;..:··.., t .: .: . ~ -·~-·-=·~· -~~- ·. _. ,.,._--,. . ...;-~· •\ '·. ·: -.· ·-.. . .. . -· . ;: ': ... ·'"1~.:--~:-.·::-l:~:t:· .;~-; .. ·; ~~-; ... ·_ -:'· .. -··:, ... · . . ::, :~ .· ··.:;~r ';I '' :• . ..:,' '. ( : ~--f ... -.-.. •· ·, :·r ·~·: .: .· . ·.·, .. l . -·· ... : .·. :. ~-. . :. .. I • - ( . · ... ~ • • ( • • • • ... ~ '· 4- f~ial atat-ta ad therefore i.Dcraaaa the coat of thia audit -ad abon tba -t atated ia thia A&re._t, thea the IIID&- l'DIIIIIIr ADDUOU qne to aulait to the City c:.n-:n, 1D writill&, the aJ.tau~ they haft azu:ouacaracL 1ba · IIIDEPIIIDarr AUDI!OIIII aball -- ~laJa ill ci..U .tba aJ.tutiou lllld -•t ilu:luda their r~ee~eca~a-ODGdaaticma · u ~· tba ciouraa tbat ahould ha foll-.1 1D order to ca.plata the aacllC Ja a buiauli-Ub -r. 'Die IIIDEPEIIDEIIT AUDU'OU' r- -.latlou •n eleo isiclwla their aatiutad addltiDDal roata, - Jliabd.' ballad u ciurrnt ratae balD& a.ad by the IRDIP!IIliDr AUDI'l'OU ••• • • • • 1-.~t tb' tt.. of preparation aad ahall 1101: acaed au -UDt approved_. by enacn .. a. the ta~ of. prori.alODa of th1a roatract ahall alao apply to tba lltldlc of tba City for the year lllldad Dacabar U, _1980. for a ...... pte f .. DDt to azcaad $U,75D. t. 11: ill aadarat.Do4 that 110 atat~ llm'ala aboRld JIU'- .S.t _.the DWPGW AIIIII1'0U to -'t to do aay act raqDlrad by ru- a-.111• ad -~ cara iu -.kiaa tha adic. 10. :rhu A&r-t ahall iDDra co the '*tefit of aad biDd tba -•••ora. haira ad. a .. ipa of tha parci• hereto. II VITWESS WH!IEOF, th~ par1:1ea harela bav. eat their baud aad au1 thia '-----day of -------------• 1979 • ArTEST: aa officio City Clerk CITY OF ENGLEWOOD, COLOIWIO A MuDiclpal Corporatioo By ___________________________ __ Mayor Peat, Harwick , Mitchell • Co. M. L. Robiaoo, Partner ' . f; .' .:~~ ~ .'~_-·::: 1.,·~·_~"':-.{-···~ ~ ~ ._ ... . . . ·, ,.,~,_·.;:~..,..~~;. , _:·~-,:~1~~lv.:?~r:.: .. . . ~-.. ·.-.~~.::_< -'l~· -~ ... -•. . .. ~._;·~ -~·:;.·-·· .• .. ,,. :-:: •• -~-~.::;. :~·~;· -.r, ~ ' :::~~t~~~;.·· ·:· . ~.. . ·'·. ·. -. . ' ~.;,_ f .•.• ~::':,.~--- .. ·i.·· • ~-•• !.. • ~ • .. ·,. -::::. '• 1,·',•'' •• I •