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HomeMy WebLinkAbout1979-09-17 (Regular) Meeting Agenda• - • • 0 CITY COUNCIL MEETING -Regular September 17, 1979 • • - • CITY COUNCIL MEETING September 17, 1979 • • • ORDINANCE I 40, 41, 42, 43 RESOLUTION I/. A 38, 39, 40 • 0 0 • I . - • • ( • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 17, 1979 /Ov The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 17, 1979, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Ci-ty Manager Andy McCown. The Pledge of Allegiance was led by Boy Scout Troop 192. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Giseburt, 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 Watkins * * * * * * COUNCILMAN GISEBURT MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 4, 1979. 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. * * * * * * Mr. Pat Myles, attorney for the law firm Criswell & Pat- terson, was present on behalf of Mr. John Criswell. Mr.Myles stated he was representing KPL, Inc. in a request that a public hearing be set for a retail liquor store license to be located in the King Soopers Complex at 701 West Hampden Avenue • • 0 I • • - • • September 17, 1979 Page 2 • • • COUNCILMAN MANN MOVED TO SET THE PUBLIC HEARING DATE FOR THE REQUEST FOR A RETAIL LIQUOR STORE LICENSE ON OCTOBER 22, 1979, AT 7:30 P.M. AND TO SET THE NEIGHBORHOOD PETITIONING AREA AT A TWO MILE RADIUS. Councilman Smith 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. * * * * * * Ms. Anne Robinson, Director of CHINS Group Home, was pre- sent and requested $5,000 or whatever amount Council deemed appro- priate as financial aid to help refurbish the CHINS home damaged extensively by fire on September 8th. Ms. Robinson answered questions from Council concerning how the home was financed and if any other agencies had been con- tacted in a request for financial assistance. Ms. Robinson stated each county is billed per client for which the home provides shelter and care. Also, she stated her agency had contacted area cities and counties which the home services and had hoped to received a reply from them in the near future. COUNCILMAN CLAYTON MOVED TO AUTHORIZE THE MAYOR TO APPOINT TWO PEOPLE AT HIS JUDGEMENT TO DISCUSS THIS QUESTION WITH THE PRO- PER PEOPLE INVOLVED AND TO MAKE A REPORT TO THE CITY COUNCIL AT THEIR DISCRETION. Councilman Giseburt seconded the motion. Councilman Smith stated he thought the county should be the agency supporting the request and suggested the designated people look into temporary housing for the home and possibly donate $1,000 to defray expenses while the agency is looking for something else • 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 appointed Councilmen Clayton and Giseburt to research the matter and report back to Council. ( I • - • ( • September 17, 1979 Page 3 • • • Mayor Taylor granted Councilman Clayton's request to utilize any help from the staff that he and Councilman Giseburt might need. * * * * * * Mayor Taylor asked if there were any other visitors in audience wishing to speak to Council. Isabella Knight, 3021 South Lincoln, appeared before Coun- cil. Ms. Knight spoke against the proposed bill that would allow smoking during public meetings. Ms. Knight stated she would like to an area designated for "no smoking" during a public meeting if Council passed the ordinance. Mayor Taylor asked if there were any other visitors wish- ing to speak to Council. No one responded. * * * * * * COUNCILMAN CLAYTON MOVED TO OPEN THE PUBLIC HEARING ON A REQUEST FOR A SPECIAL EVENTS PERMIT TO SERVE BEER, WINE AND LIQUOR AT THE ANNUAL FUND RAISING PROGRAM TO BE HELD ON OCTOBER 21, 1979 FOR THE SAINT LOUIS CHURCH, HOME AND SCHOOL, 3310/3301 SOUTH SHER- MAN STREET. 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 asked if there was a representative from the Saint Louis Home and School organization present. Mary Jo Chik, 3110 South Delaware, appeared before Coun- cil as the representative. Ms. Chik stated the home and school association is the parent organization of the school and they were not associated with the national PTA. Ms. Chik requested that Council grant the permit to sell beer and wine at their annual fund raising spaghetti dinner. Councilman Smith stated he understood the liquor code to prohibit the serving of liquor on school grounds regardless of whether the school is in or out of session. I • - • • • September 17, 1979 Page 4 . . . • • • City Attorney Berardini stated the liquor code allows the serving of liquor on school premises as long as the school is not in session. Councilman Smith asked for clarification of the question before action was taken to grant or deny the request for a special events permit. COUNCILMAN CLAYTON MOVED THAT THE HEARING BE RECESSED AND BE CALLED BACK WHEN THE CITY ATTORNEY HAS ANSWERS TO THE REQUESTED QUESTION AND TO DELAY THE PUBLIC HEARING ON THE SPECIAL EVENTS PER- MIT FOR THE VOLUNTEER FIRE DEPARTMENT AND TO PROCEED TO AGENDA ITEM 4C THE PRE-BUDGET PUBLIC HEARING. Councilman Smith 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. * * * * * * COUNCILMAN CLAYTON MOVED TO OPEN THE PRE-BUDGET PUBLIC HEARING. 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. City Manage~ McCown stated the purpose of the pre-budget hearing was to receive input from citizens as to what they think the Council and the staff should be considering or not considering as part of the budget for the fiscal year 1980. Mayor Taylor asked if anyone in the audien ce wished to address Council on this matter. Maurice Jones, 5020 South Washington, appeared before Council. Mr. Jones asked for clarification on the budget pro- cess. Mr. Jones asked if there were any monies available in the proposed budget for 1980 for Duncan Park • • I • - • ( • • • • September 17, 1979 Page 5 public McCown placed City Manager McCown explained the budget process and how improvements projects are incorporated into the budget. Mr. stated that funds for the improvement of Duncan Park were in the public improvement fund. Isabella Knight, 3021 South Lincoln, appeared before Council and proposed that a community center be built. Ms. Knight stated the City needs a place for young people to go. Eva Eisenberg, 4955 South Galapago, apeared before Coun- cil and requested that a contribution be made to the Arapahoe House. Mrs. Eisenberg stated the agency has out· grown its facilities to house clients who stay on a long term basis. Mrs. Myrtle Jones, 5020 South Washington, appeared before Council. Mrs. Jones noted that monies were budgeted in 1981 and in 1982 for the Duncan School project under the public improvement fund. Mrs. Jones suggested that unless the improvements provide for bath room facilities, nothing be done. Mayor Taylor asked if there was anyone else wishing to speak to Council on the budget for 1980. No one responded. COUNCILMAN CLAYTON MOVED TO CLOSE THE PUBLIC HEARING. Councilman Smith 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 reconvened the recess made by Councilman Clayton's motion on the special events permit request from Saint Louis School. Councilman Smith requested the City Attorney to read the regulations concerning his question. City Attorney Berardini transmitted copies of Title XII, Article 48, Section 107, in particular 48-107.2. Mr. Berardini stated the regulation states that the issuance of the permit is permissible as long as the event is within a certain distance from the school and is not held while school is in session. • • I • - • September 17, 1979 Page 6 • • • Mary Joan Chik, reappeared before Council and confirmed that no classes would be in session on the day of the event. Deputy Clerk Watkins stated that Ms. Chik had produced a photograph of the posting of the notice of public hearing for the record. Mayor Taylor asked if there was anyone wishing to speak in favor of granting the permit. Thomas Fitzpatrick, 3155 South Acoma, appeared before Council. Mr. Fitzpatrick stated the proceeds from the event help defray costs of running the school. Joe Bilo, 4095 South Jason, appeared before Council. Mr. Bilo stated he felt the event was for a good purpose and that it was a way for the association to raise money without coming to Coun- cil and asking for a donation. Mayor Taylor asked if there was anyone wishing to speak against the permit. Eva Eisenberg, 4955 South Galapago, appeared before Council. Mrs. Eisenberg stated she was against religious in- stitutions serving liquor. Mrs. Eisenberg asked how it was going to be controlled to avoid selling liquor to minors. Ms. Chik appeared before Council and stated there would be people to check the identification of those people who appear to be under age. 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, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO GRANT THE SPECIAL EVENTS PERMIT TO SAINT LOUIS CHURCH, HOME AND SCHOOL, 3310/3301 SOUTH SHERMAN STREET, TO SERVE BEER, WINE AND LIQUOR AT THE ANNUAL FUND RAISING PROGRAM TO BE HELD ON OCTOBER 21, 1979. Councilman Gise- burt seconded the motion. Upon a call of the roll, the vote re-sulted as follows: • D I • ( - ( • ( • September 17, 1979 Page 7 Ayes: Nays: • • • Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. Councilman Smith stated a valid point was made on check- ing the identification of people who might be questionable in re- gard to their age. Mr. Smith stated the sell of liquor to a minor may damage future changes of getting a permit. * * * * * * COUNCILMAN CLAYTON MOVED TO OPEN THE PUBLIC HEARING ON THE REQUEST FOR A SPECIAL EVENTS PERMIT TO SERVE BEER, WINE AND LIQUOR AT THE ANNUAL FIREMEN'S BALL SPONSORED BY THE VOLUNTEER FIREMEN TO BE HELD ON SEPTEMBER 22, 1979, IN THE BLUE MALL OF CINDERELLA CITY. 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 asked if anyone was present to represent the Volunteer Firemen's request. Donald Seymour, 4750 South Lipan, appeared before Coun- cil as the representative. Mr. Seymour requested that Council is- sue the permit to serve beer, wine and liquor at their annual fund raising ball. Mr. Seymour stated the proceeds go towards funding the training and educational program for the volunteer firemen. Deputy Clerk Watkins stated that Mr. Seymour had pro- duced a photograph of the posting of the notice of public hear-ing for the record. Mayor Taylor asked if anyone in the audience wished to speak in favor of granting the permit. Thad Carson, 3990 South Jason, appeared before Council. Mr. Carson stated he was in favor of granting the permit since the ball is a long term event and, as far as he knew, with no in-cidents. • I • • - • • • • September 17, 1979 Page 8 Thomas Fitzpatrick, 3155 South Acoma, appeared before Council. Mr. Fitzpatrick stated he was in favor of issuing the permit knowing that everyone would have a good time and that the event would be well regulated. Joe Bilo, 4095 South Jason, appeared before Council and spoke in favor of granting the permit. Mr. Bilo stated the event was for a worthy cause and a good annual affair. permit. Mayor Taylor asked if anyone wisherl to speak against the Eva Eisenberg, 4955 South Galapago, appeared before Coun- cil and spoke against the permit. Mrs. Eisenberg stated she felt people could socialize and raise money without serving liquor. Mrs. Eisenberg asked how she could change the statutes to disallow ser- ving liquor on school grounds. Councilman Smith stated she would have to act through the state legislature. 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, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None, The Mayor declared the motion carried. COUNCILMAN MANN MOVED TO APPROVE THE SPECIAL EVENTS PER- MIT TO THE VOLUNTEER FIREMEN DEPARTMENT FOR THE ANNUAL FIREMEN'S BALL ON SEPTEMBER 22, 1979 FROM 8:30 P.M. TO SEPTEMBER 23, 1979, 1:00 A.M. Councilman Giseburt 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 declared a recess at 8:55 p.m. The Council reconvened at 9:15 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: • 0 I • • - ( c • September 17, 1979 Page 9 • • • Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * COUNCILMAN GISEBURT MOVED TO OPEN THE PUBLIC HEARING ON REVENUE SHARING FUNDS FOR 1980. 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. City Manager McCown stated the City will receive $750,000 from the federal government in 1980 in revenue sharing funds. Mr. McCown stated the funds are put in the public improvement fund and not used for daily expenses of the City. Mr. McCown also stated this was the first of two hearings that are held on revenue sharing funds. The second one will be when the hearing on the 1980 budget is scheduled. Mayor Taylor asked if anyone in the audience wished to speak on proposed uses for 1980 revenue sharing funds. Maurice Merlin, 3688 South Sherman, appeared before Coun- cil. Mr. Merlin suggested the funds be used to build a swimming pool oriented towards children. Mayor Taylor asked if anyone wanted to speak against using the funds. No one responded. COUNCILMAN MANN MOVED TO CLOSE THE PUBLIC HEARING. Coun- cilman Clayton 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 • - • • • September 17, 1979 Page 10 • • • Mayor Taylor stated the revenue sharing program expires in 1980 and asked that people contact their congressmen and en- courage them to continue the program, Mayor Taylor stated the funds have become an important source to the City's revenue. Councilman Smith stated the program is the least ex- pensive program to operate by the federal government and hoped that it could continue. * * * * * * "CoiiiiiUnications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) Minutes of the Planning and Zoning Commission meeting of July 17, 1979. Minutes of the Housing Authority meeting of July 25, 1979. Minutes of the Public Library Board meeting of August 14, 1979. Municipal Court Activity Report for the month of August, 1979. * * * * * * There were no "Communications -Action Recommended" on the agenda. ORDINANCE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 41 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE AMENDING CHAPTER 4, TITLE I, OF THE '69 E.M.C. BY ADDING A NEW SECTION AUTHORIZING SMOKING IN GENERAL ASSEMBLY ROOMS. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 41, SERIES OF 1979, ON FIRST READING, Councilman Giseburt seconded the motion. • ) ( I • • In --------'~ - ( • • ( • September 17, 1979 Page 11 . . • • • Council discussed the bill extensively debating the pros and cons of allowing smoking in general meeting places. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt. Nays: Council Members Smith, Harper, Clayton, Mann, Taylor. The Mayor declared the motion defeated. Myrtle Jones, 5020 South Washington, appeared before Council and asked what the penalty would be for those people who smoke during these meetings. City Attorney Berardini stated the person would be asked to extinguish the cigarette or asked to leave the pre- mises. If the person continued to smoke the police would pro- bably be called in to remove the person on a nuisance charge. Isabella Knight, 3021 South Lincoln, appeared before Council and stated she felt people would respect the order for no smoking. * * * * * * RESOLUTION NO. 36 SERIES OF 1979 A RESOLUTION PROVIDING FOR COST OF LIVING WAGE ALLOWANCE FOR THE CITY MANAGER, CITY ATTORNEY, AND MUNICIPAL COURT JUDGE COMMENCING JULY 1, 1979 FOR THE REMAINDER OF THE CALENDAR YEAR 1979. COUNCILMAN WILILAMS MOVED TO PASS RESOLUTION NO. 36, SERIES OF 1979, AND THAT THE FOLLOWING ANNUAL SALARIES BE ES- TABLISHED: CITY MANAGER CITY ATTORNEY MUNICIPAL JUDGE 31. 41. 41. Councilman Harper seconded the motion. $ 36,920 34 ,719 30 ,602 Mayor Taylor stated the City Manager had asked the Coun- cil to consider the lesser percentage because he had received a higher increase last year and that the 31. was approximately what he had issued to his department heads. • I • - • • • September 17 , 1979 Page 12 • • • Council discussed the resolution and proposed increases at length. · COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION AND THAT THE INCREASES FOR THE CITY MANAGER, CITY ATTORNEY AND MUNICIPAL JUDGE EFFECTIVE JULY 1, 1979, BE AT THE THREE PERCENT LEVEL AND DELETE THE PHRASE "COST OF LIVING" FROM THE RESOLUTION. Councilman Smith seconded the motion. Council discussed the amendment at length and whether or or not the increases could be defined as negotiable items, or cost of living wage adjustments. Upon a call of the roll , the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton. Council Members Williams, Giseburt, Mann, Taylor. The Mayor declared the motion defeated. Upon a call of the roll, the vote on original motion re-sulted as follows: Ayes : Council Members Williams, Smith, Harper, Clayton, Taylor. Nays: Council Members Giseburt, Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN MANN MOVED TO ACCEPT AND AUTHORIZE THE MAYOR TO SIGN THE PROCLAMATION DECLARING SEPTEMBER 22, 1979, AS HUNTING AND FISHING DAY. 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 Attorney Berardini presented a report with reference to turning left across solid double yellow traffic lines requested • • ) • • I • - ( • September 17, 1979 Page 13 • • • by Councilman Smith. Mr. Berardini stated the report was prepared by the Traffic Engineer Joe Plizga. Councilman Smith noted the recommendation in the report that it would not be expedient to pass an ordinance prohibiting left turns across the double, yellow, but to investigate the specific locations where left turns are causing problems and either make roadway alignment changes, i.e., installation of left turn bays and removal of parking or the installation of a physical median barrier. Councilman Smith asked that the recommendation be pur- sued to look as specific locations where they are causing pro- blems and to make a comparison about the islands that have been put out on the south portion of Broadway and that would eventu- ally be put in the northern area of Broadway and also to include in the traffic study a look at the installation of left turn bays and also what is happening in regard to making turns into Ralph Schomp and other businesses along Broadway. Mayor Taylor also requested information on right turns on a red light. City Attorney Berardini stated those requests are pe- culiarly adapted to the Department of Public Works and Traffic Engineer and their statistical reports could give Council some insight as to information they are requesting. If the reporting material is such that Council would want a change in the ordinance, he would prepare the ordinance change. * * * * * * City Manager Mccown transmitted the proposed 1980 bud- get and discussed the basic changes that were made compared to last year's budget. The changes include breaking down expendi- ture accounts where there was significant change and also in- cluded are the approved supplemental requests. Mr. McCown stated the total recommended budget for 1980 is $20,610,166 as compared to $25,533,170 for 1979. The decrease is primarily due to com- letion of some of the capital improvements in 1979. COUNCILMAN MANN MOVED TO RECEIVE THE 1980 PROPOSED BUDGET AND SET A PUBLIC HEARING ON THE BUDGET ON OCTOBER 1, 1979 AT 7:30P.M. 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 • - • • • September 17, 1979 Page 14 • • • The Mayor declared the motion carried. RESOLUTION NO. 37 SERIES OF 1979 * * * * * * A RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 37, SERIES OF 1979. 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. Mayor Taylor stated he would present the check for $15,000 to help the Englewood High School Band defray costs to the Rose Bowl Parade in Pasadena, California. Mayor Taylor stated the presentation would take place at 11:30 a.m. on Wed- nesday, September 19, 1979, and encouraged all council members to be in attendance. * * * * * * City Manager McCown transmitted the minutes from the last Englewood Downtown Development Authority. * * * * * * City Manager McCown transmitted a copy of the Eco-Cycle's projected budget for the 1979-80 fiscal year. * * * * * * Mayor Taylor asked if the City was going to furnish bags for leaves this year. City Manager McCown stated he would discuss the project with the Director of Public Works and report back. * * * * * * Councilman Giseburt stated at the last Council meeting Mr. William Mason appeared and discussed the pension boards's decision to change money managers. Since that time, there has been investigation into the charges made by Mr. Mason and the • ) I • - • c • September 17, 1979 Page 15 • • • questions have been answered to the satisfaction of the pension boards and Council. Hr. Giseburt stated Council should have a letter in their possession from R. H. Leary & Co., the new money manager and requested that the letter be placed into the record: Hr. James L. Taylor, Mayor City of Englewood 3400 South Elati Street Englewood, Colorado 80110 Dear Mayor Taylor: "September 14, 1979 We believe that you and the City Council would be interested in having the exact liquidating costs of the Securities sold in the three Englewood Pension Funds as well as the acquisition costs of the Mutual Funds that were purchased. You can then equate these figures with the estimates in a letter of August 29, 1979, from Mason & Co., and his reiteration of these estimates at your Council meeting of September 4, 1979. All of the Common Stocks were sold through Bache Halsey Stuart Shields, Inc. at a negotiated discount of 317. which totalled out at $12,784.00. All of the Bonds were sent out for the highest bid on a NET basis so there were NO commissions on the Bonds. The firms invited to purchase these Bonds at the highest bid prices were Merrill Lynch, Bache and E. F. Hutton Co., Inc. I have a copy of the bids from each of the above firms on each Bond sold for the perusal of anyone further interested. The cash equivalent funds in Federated Master Notes held through the custodianship of the First National Bank of Englewood were also transferred without charge -- which is normal procedure. In summation, $12,784.00 was the total liquidating costs on approximately $4,500,000.00 representing the asset values of the three Pension funds. The acquisition cost of the Mutual Fund shares is 11. and that is spelled out distinctly in the Franklin Funds prospectus. These acquisition costs schedules are filed with the Securities Exchange Commission and there is nothing artibrary or negotiable about them. This is why it is hard to understand why a higher figure could have been previously projected. These costs have approximated $45,000.00 and the acquisition costs of 11. maximum will apply to all future contri- butions. However, when any conversions are made between • D I • - • • • September 17, 1979 Page 16 • • • a Common Stock fund, Bond fund or money market fund -- regardless of the amount of money involved, there is a transfer fee of $5.00 per conversion to partially cover the cost of the paper work by the Mutual Fund. Once the initial cost has been paid there is no com- mission cost, not ever, for the life of the investment. I do appreciate the unnecessary distress that the mem- bers of the Council, Pension Boards and Staff have ex- perienced and certainly sympathize with them. Hope- fully, this letter can go on record to quell this por- tion of the confusion. Please feel free to contact me immediately if any further question should arise. Thanking you for your indulgence, patience and support, I remain, Sincerely, Is/ R. M. Leary" * * * * * * Councilman Clayton requested a list of the non-approved items excluded from the proposed 1980 budget. Councilman Smith stated the list is irrelevant to the budget review. The City Manager used discretion in cutting those items he felt were unnecessary and the decision to include certain items and exclude other items should be reliable. COUNCILMAN CLAYTON MOVED THAT THE STAFF FURNISH COUNCIL WITH A LIST OF ITEMS SERIOUSLY CONSIDERED BUT NOT PUT IN THE PRO- POSED BUDGET. Councilman Giseburt seconded the motion. Upon a call of the roll, the _vote resulted as follows: Ayes: Council Members Giseburt, Clayton, Mann • Nays: Council Members Williams, Smith, Harper, Taylor. The Mayor declared the motion defeated. * * * * * * COUNCILMAN CLAYTON K>VED THAT THE STAFF FURNISH COUNCIL WITH PROJECTIONS ON HOW THE GOLF COURSE CAN BE PUT ON OR CLOSE TO A SELF-PAYING BUDGET. Motion died for lack of a second • I • - ( (_ • • • September 17, 1979 Page 17 • • • Councilman Smith stated the information was in the pro-posed 1980 budget. City Manager McCown stated he could make a list of sup- plemental requests and detail how the items were prioritized. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE MEETING. a vote. Mayor Taylor adjourned the meeting at 10:30 p.m. without • I . - • • ( • • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 17, 1979 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 17, 1979, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was fiven by Ci-ty Manager Andy McCown. The Pledge of Allegiance was ed by Boy Scout Troop 192. Mayor Taylor asked for 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. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Watkins * * * * * * COUNCILMAN GISEBURT MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 4, 1979. 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. * * * * * * Mr. Pat Myles, attorney for the law firm Criswell & Pat- terson, was present on behalf of Mr. John Criswell. Mr.Myles stated he was representing KPL, Inc. in a request that a public hearing be set for a retail liquor store license to be located in the King Soopers Complex at 701 West Hampden Av~nue • • I . - • • • September 17, 1979 Page 2 • • • COUNCILMAN MANN MOVED TO SET THE PUBLIC HEARING DATE FOR THE REQUEST FOR A RETAIL LIQUOR STORE LICENSE ON OCTOBER 22, 1979, AT 7:30 P.M. AND TO SET THE NEIGHBORHOOD PETITIONING AREA AT A TWO MILE RADIUS. 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. '* * * * * * Ms. Anne Robinson, Director of CHINS Group Rome, was pre- sent and requested $5,000 or whatever amount Council deemed appro- priate as financial aid to help refurbish the CHINS home damaged extensively by fire on September 8th. Ms. Robinson answered questions from Council concerning how the home was financed and if any other agencies had been con- tacted in a request for financial assistance. Ms. Robinson stated each county is billed per client for which the home provides shelter and care. Also, she stated her agency had contacted area cities and counties which the home services and had hoped to received a reply from them in the near future. COUNCILMAN CLAYTON K>VED TO AUTHORIZE THE MAYOR TO APPOINT TWO PEOPLE AT HIS JUDGEMENT TO DISCUSS THIS QUESTION WITH THE PRO- PER PEOPLE INVOLVED AND TO MAKE A REPORT TO THE CITY COUNCIL AT THEIR DISCRETION. Councilman Giseburt seconded the motion. Councilman Smith stated he thought the county should be the agency supporting the request and suggested the designated people look into temporary housing for the home and possibly donate $1,000 to defray expenses while the agency is looking for something else • 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 appointed Councilmen Clayton and Giseburt ) to research the matter and report back to Council. ( ) • I . - ( 0 • c • September 17, 1979 Page 3 • • • Mayor Taylor granted Councilman Clayton's request to utilize any help from the staff that he and Councilman Giseburt might need. * * * * * * Mayor Taylor asked if there were any other visitors in audience wishing to speak to Council. Isabella Knight, 3021 South Lincoln, appeared before Coun- cil. Ms. Knight spoke against the proposed bill that would allow smoking during public meetings. Ms. Knight stated she would like to an area designated for "no smoking'! during a public meeting if Council passed the ordinance. Mayor Taylor asked if there were any other visitors wish- ing to speak to Council. No one responded. * * * * * * COUNCILMAN CLAYTON MOVED TO OPEN THE PUBLIC HEARING ON A REQUEST FOR A SPECIAL EVENTS PERMIT TO SERVE BEER, WINE AND LIQUOR AT THE ANNUAL FUND RAISING PROGRAM TO BE HELD ON OCTOBER 21, 1979 FOR THE SAINT LOUIS CHURCH, HOME AND SCHOOL, 3310/3301 SOUTH SHER- MAN STREET. 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 asked if there was a representative from the Saint Louis Home and School organization present. Mary Jo Chik, 3110 South Delaware, appeared before Coun- cil as the representative. Ms. Chik stated the home and school association is the parent organization of the school and they were not associated with the national PTA. Ms. Chik requested that Council grant the permit to sell beer and wine at their annual fund raising spaghetti dinner. Councilman Smith stated he understood the liquor code to prohibit the serving of liquor on school grounds regardless of whether the school is in or out of session. • I • - • September 17, 1979 Page 4 • • • City Attorney Berardini stated the liquor code allows the serving of liquor on school premises as long as the school is not in session. Councilman Smith asked for clarification of the question before action was taken to grant or deny the request for a special events permit. COUNCILMAN CLAYTON MOVED THAT THE HEARING BE RECESSED AND BE CALLED BACK WHEN THE CITY ATTORNEY HAS ANSWERS TO THE REQUESTED QUESTION AND TO DELAY THE PUBLIC HEARING ON THE SPECIAL EVENTS PER- MIT FOR THE VOLUNTEER FIRE DEPARTMENT AND TO PROCEED TO AGENDA ITEM 4C THE PRE-BUDGET PUBLIC HEARING. 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. * * * * * * COUNCILMAN CLAYTON MOVED TO OPEN THE PRE-BUDGET PUBLIC HEARING. 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. City Manage~ McCown stated the purpose of the pre-budget hearing was to receive input from citizens as to what they think the Council and the staff should be considering or not considering as part of the budget for the fiscal year 1980. Mayor Taylor asked if anyone in the audience wished to address Council on this matter. Maurice Jones, 5020 South Washington, appeared before Council. Mr. Jones asked for clarification on the budget pro- cess. Mr. Jones asked if there were any monies available in the proposed budget for 1980 for Duncan Park • • ) D I • • - ( ( • ( • • • • September 17, 1979 Page 5 public McCown placed City Manager McCown explained the budget process and how improvements projects are incorporated into the budget. Mr. stated that funds for the improvement of Duncan Park were in the public improvement fund. Isabella Knight, 3021 South Lincoln, appeared before Council and proposed that a community center be built. Ms. Knight stated the City needs a place for young people to go. Eva Eisenberg, 4955 South Galapago, apeared before Coun- cil and requested that a contribution be made to the Arapahoe House. Mrs. Eisenberg stated the agency has ou~ grown its facilities to house clients who stay on a long term basis. Mrs. Myrtle Jones, 5020 South Washington, appeared before Council. Mrs. Jones noted that monies were budgeted in 1981 and in 1982 for the Duncan School project under the public improvement fund. Mrs. Jones suggested that unless the improvements provide for bath room facilities, nothing be done. Mayor Taylor asked if there was anyone else wishing to speak to Council on the budget for 1980. No one responded. COUNCILMAN CLAYTON MOVED TO CLOSE THE PUBLIC HEARING. Councilman Smith 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 reconvened the recess made by Councilman Clayton's motion on the special events permit request from Saint Louis School. Councilman Smith requested the City Attorney to read the regulations concerning his question. City Attorney Berardini transmitted copies of Title XII, • Article 48, Section 107, in particular 48-107.2. Mr. Berardini stated the regulation states that the issuance of the permit is permissible as long as the event is within a certain distance from the school and is not held while school is in session. • I> I • - • • September 17, 1979 Page 6 • • • Mary Joan Chik, reappeared before Council and confirmed that no classes would be in session on the day of the event. Deputy Clerk Watkins stated that Ms. Chik had produced a photograph of the posting of the notice of public hearing for the record. Mayor Taylor asked if there was anyone wishing to speak in favor of granting the permit. Thomas Fitzpatrick, 3155 South Acoma, appeared before Council. Mr. Fitzpatrick stated the proceeds from the event help defray costs of running the school. Joe Bilo, 4095 South Jason, appeared before Council. Mr. Bilo stated he felt the event was for a good purpose and that it was a way for the association to raise money without coming to Coun- cil and asking for a donation. Mayor Taylor asked if there was anyone wishing to speak against the permit. Eva Eisenberg, 4955 South Galapago, appeared before Council. Mrs. Eisenberg stated she was against religious in- stitutions serving liquor. Mrs. Eisenberg asked how it was going to be controlled to avoid selling liquor to minors. Ms. Chik appeared before Council and stated there would be people to check the identification of those people who appear to be under age. 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: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO GRANT THE SPECIAL EVENTS PERMIT TO SAINT LOUIS CHURCH, HOME AND SCHOOL, 3310/3301 SOUTH SHERMAN STREET, TO SERVE BEER, WINE AND LIQUOR AT THE ANNUAL FUNe RAISING PROGRAM TO BE HELD ON OCTOBER 21, 1979. Councilman Gise- burt seconded the motion. Upon a call of the roll, the vote re- sulted as follows: ) I . - • ( ( • • c • September 17, 1979 Page 7 • Ayes: Nays: • • • Council Members Williams, Giaeburt, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. Councilman Smith stated a valid point was made on check- ing the identification of people who might be questionable in re- gard to their age. Mr. Smith stated the sell of liquor to a minor may damage future changes of getting a permit. * * * * * * COUNCILMAN CLAYTON MOVED TO OPEN THE PUBLIC HEARING ON THE REQUEST FOR A SPECIAL EVENTS PERMIT TO SERVE BEER, WINE AND LIQUOR AT THE ANNUAL FIREMEN'S BALL SPONSORED BY THE VOLUNTEER FIREMEN TO BE HELD ON SEPTEMBER 22, 1979, IN THE BLUE MALL OF CINDERELLA CITY. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giaeburt, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. Mayor Taylor asked if anyone was present to represent the Volunteer Firemen's request. Donald Seymour, 4750 South Lipan, appeared before Coun- • cil as the representative. Mr. Seymour requested that Council is- sue the permit to serve beer, wine and liquor at their annual fund raising ball. Mr. Seymour stated the proceeds go towards funding the training and educational program for the volunteer firemen. • Deputy Clerk Watkins stated that Hr. Seymour had pro- duced a photograph of the posting of the notice of public hear-ing for the record. Mayor Taylor asked if anyone in the audience wished to apeak in favor of granting the permit. Thad Carson, 3990 South Jason, appeared before Council. Mr. Carson stated he was in favor of granting the permit since the ball is a long term event and, as far as he knew, with no in-cidents. • I • • - • • • September 17, 1979 Page 8 • • • Thomas Fitzpatrick, 3155 South Acoma, appeared bef~e Council. Mr. Fitzpatrick stated he was in favor of issuing the permit knowing that everyone would have a good time and that the event would be well regulated. Joe Bilo, 4095 South Jason, appeared before Council and spoke in favor of granting the permit. Mr. Bilo stated the event was for a worthy cause and a good annual affair. permit. Mayor Taylor asked if anyone wished to speak against the Eva Eisenberg, 4955 South Galapago, appeared before Coun- cil and spoke against the permit. Mrs. Eisenberg stated she felt people could socialize and raise money without serving liquor. Mrs. Eisenberg asked how she could change the statutes to disallow ser-ving liquor on school grounds. Councilman Smith stated she would have to act through the state legislature. ) COUNCILMAN HARPER MOVED TO CLOSE THE PUBLIC HEARING. t 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, Taylor. None. The Mayor declared the motion carried. COUNCILMAN MANN MOVED TO APPROVE THE SPECIAL EVENTS PEl- MIT TO THE VOLUNTEER FIREMEN DEPARTMENT FOR THE ANNUAL FIREMEN'S BALL ON SEPTEMBER 22, 1979 FROM 8:30 P.M. TO SEPTEMBER 23, 1979, 1:00 A.M. Councilman Giseburt 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 declared a recess at 8:55 p.m. The Council reconvened at 9:15 p.m. Mayor Taylor asked for roll call. Upon ( a call of the roll, the following were present: • • I • - • ( ( • • c • • • • • • September 17, 1979 Page 9 Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * COUNCILMAN GISEBURT MOVED TO OPEN THE PUBLIC HEARING ON REVENUE SHARING FUNDS FOR 1980. 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. City Manager McCown stated the City will receive $750,000 from the federal government in 1980 in revenue sharing funds. Mr. McCown stated the funds are put in the public improvement fund and not used for daily expenses of the City. Mr. McCown also stated this was the first of two hearings that are held on revenue sharing funds. The second one will be when the hearing on the 1980 budget is scheduled. Mayor Taylor asked if anyone in the audience wished to speak on proposed uses for 1980 revenue sharing funds. Maurice Merlin, 3688 South Sherman, appeared before Coun- cil. Mr. Merlin suggested the funds be used to build a swimming pool oriented towards children. Mayor Taylor asked if anyone wanted to speak against using the funds. No one responded • COUNCILMAN MANN MOVED TO CLOSE THE PUBLIC HEARING. Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. • D I . - • • • September 17, 1979 Page 10 • • • • Mayor Taylor stated the revenue sharing program expires in 1980 and asked that people contact their congressmen and en- courage them to continue the program. Mayor Taylor stated the funds have become an important source to the City's revenue. Councilman Smith stated the program is the least ex- pensive profram to operate by the federal government and hoped that it cou d continue. * * * * * * "ColiiDUnications -No Action Reco11111ended" on the agenda were received: (a) Minutes of the Planning and Zoning Co11111ission meeting of July 17, 1979. (b) Minutes of the Housing Authority meeting of July 25, 1979. (c) Minutes of the Public Library Board meeting of August 14, 1979. (d) Municipal Court Activity Report for the month of August, 1979. * * * * * * There were no "ColiiDUnications-Action Reco11111ended"-on the agenda. ORDINANCE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 41 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE AMENDING CHAPTER 4, TITLE I, OF THE '69 E.M.C. BY ADDING A NEW SECTION AUTHORIZING SMOKING IN GENERAL ASSEMBLY ROOMS. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 41, SERIES OF 1979, ON FIRST READING. Councilman Giseburt seconded the motion. • I . • • I - ( • • • • September 17, 1979 Page 11 • • • Council discussed the bill extensively debating the pros and cons of allowing smoking in general meeting places. Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Williams, Giseburt. Nays: Council Members Smith, Harper, Clayton, Mann, Taylor. The Mayor declared the motion defeated. Myrtle Jones, 5020 South Washington, appeared before Council and asked what the penalty would be for those people who smoke during these meetings. City Attorney Berardini stated the person would be asked to extinguish the cigarette or asked to leave the pre- mises. If the person continued to smoke the police would pro- bably be called in to remove the person on a nuisance charge. Isabella Knight, 3021 South Lincoln, appeared before Council and stated she felt people would respect the order for no smoking. * * * * * * RESOLUTION NO. 36 SERIES OF 1979 A RESOLUTION PROVIDING FOR COST OF LIVING WAGE ALLOWANCE FOR THE CITY MANAGER, CITY ATTORNEY, AND MUNICIPAL COURT JUDGE COMMENCING JULY 1, 1979 FOR THE REMAINDER OF THE CALENDAR YEAR 1979. COUNCILMAN WILILAMS MOVED TO PASS RESOLUTION NO. 36, SERIES OF 1979, AND THAT THE FOLLOWING ANNUAL SALARIES BE ES-TABLISHED: CITY MANAGER CITY ATTORNEY MUNICIPAL JUDGE 3~ 4~ 4~ Councilman Harper seconded the motion. $ 36,920 34,719 30,602 Mayor Taylor stated the City Manager had asked the Coun- cil to consider the lesser percentage because he had received a higher increase last year and that the 3~ was approximately what he had issued to his department heads • • I • - • • • September 17, 1979 Page 12 • • • Council discussed the resolution and proposed increases at length. · COUNCILMAN CLAYTON K>VED TO AMEND THE K>TION AND THAT THE INCREASES FOR THE CITY MANAGER, CITY ATTORNEY AND MUNICIPAL JUDGE EFFECTIVE JULY 1, 1979, BE AT THE THREE PERCENT LEVEL AND DELETE THE PHRASE "COST OF LIVING" FROM THE RESOLUTION. Councilman Smith seconded the motion. Council discussed the amendment at length and whether or or not the increases could be defined as negotiable items, or cost of living wage adjustments. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton. Council Members Williams, Giseburt, Mann, Taylor. The Mayor declared the motion defeated. Upon a call of the roll, the vote on original motion re-sulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Taylor. Council Members Giseburt, Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN MANN MOVED TO ACCEPT AND AUTHORIZE THE MAYOR TO SIGN THE PROCLAMATION DECLARING SEPTEMBER 22, 1979, AS HUNTING AND FISHING DAY. 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 Attorney Berardini presented a report with reference to turning left across solid double yellow traffic lines requested • ) • ) I • • - # ( • ( • September 17, 1979 Page 13 • • • by Councilman Smith. Mr. Berardini stated the report was prepared by the Traffic Engineer Joe Plizga. Councilman Smith noted the recommendation in the report that it would not be expedient to pass an ordinance prohibiting left turns across the double, yellow, but to investigate the specific locations where left turns are causing problems and either make roadway alignment changes, i.e., installation of left turn bays and removal of parking or the installation of a physical median barrier. Councilman Smith asked that the recommendation be pur- sued to look as specific locations where they are causing pro- blema and to make a comparison about the islands that have been put out on the south portion of Broadway and that would eventu- ally be put in the northern area of Broadway and also to include in the traffic study a look at the installation of left turn bays and also what is happening in regard to making turns into Ralph Schomp and other businesses along Broadway. Mayor Taylor also requested information on right turns on a red light. City Attorney Berardini stated those requests are pe-D culiarly adapted to the Department of Public Works and Traffic Engineer and their statistical reports could give Council some insight as to information they are requesting. If the reporting material is such that Council would want a change in the ordinance, he would prepare the ordinance change. * * * * * * City Manager Mccown transmitted the proposed 1980 bud- get and discussed the basic changes that were made compared to last year's budget. The changes include breaking down expendi- ture accounts where there was significant change and also in- cluded are the approved supplemental requests. Mr. McCown stated the total recommended budget for 1980 is $20,610,166 as compared to $25,533,170 for 1979. The decrease is primarily due to com- letion of some of the capital improvements in 1979. COUNCILMAN MANN MOVED TO RECEIVE THE 1980 PROPOSED BUDGET AND SET A PUBLIC HEARING ON THE BUDGET ON OCTOBER 1, 1979 AT 7:30 P.M. 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 • - • • • September 17, 1979 Page 14 • • • The Mayor declared the motion carried. RESOLUTION NO. 37 SERIES OF 1979 * * * * * * A RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 3 7, SERIES OF 1979. 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. Mayor Taylor stated he would present the check for $15,000 to help the Englewood High School Band defray costs to the Rose Bowl Parade in Pasadena, California. Mayor Taylor stated the presentation would take place at 11:30 a.m. on Wed- nesday, September 19, 1979, and encouraged all council members to be in attendance. * * * * * * City Manager McCown transmitted the minutes from the last Englewood Downtown Development Authority. * * * * * * City Manager McCown transmitted a copy of the Eco-Cycle's projected budget for the 1979-80 fiscal year. * * * * * * Mayor Taylor asked if the City was going to furnish bags for leaves this year. City Manager McCown stated he would discuss the project with the Director of Public Works and report back. * * * * * * Councilman Giseburt stated at the last Council meeting Mr. William Mason appeared and discussed the pension boards's decision to change money managers. Since that time, there has been investigation into the charges made by Hr. Mason and the • ) I . • - ( 0 • ( • • • • September 17, 1979 Page 15 questions have been answered to the satisfaction of the pension boards and Council. Mr. Giseburt stated Council should have a letter in their possession from R. M. Leary & Co., the new money manager and requested that the letter be placed into the record: Mr. James L. Taylor, Mayor City of Englewood 3400 South Elati Street Englewood, Colorado 80110 Dear Mayor Taylor: "September 14, 1979 We believe that you and the City Council would be interested in having the exact liquidating costs of the Securities sold in the three Englewood Pension Funds as well as the acquisition costs of the Mutual Funds that were purchased. You can then equate these figures with the estimates in a letter of August 29, 1979, from Mason & Co., and his reiteration of these estimates at your Council meeting of September 4, 1979. All of the Common Stocks were sold through Bache Halsey Stuart Shields, Inc. at a negotiated discount of 31~ which totalled out at $12,784.00. All of the Bonds were sent out for the highest bid on a NET basis so there were NO commissions on the Bonds. The firms invited to purchase these Bonds at the highest bid prices were Merrill Lynch, Bache and E. F. Hutton Co., Inc. I have a copy of the bids from each of the above firms on each Bond sold for the perusal of anyone further interested. The cash equivalent funds in Federated Master Notes held through the custodianship of the First National Bank of Englewood were also transferred without charge -- which is normal procedure. In summation, $12,784.00 was the total liquidating costs on approximately $4,500,000.00 representing the asset values of the three Pension funds. The acquisition cost of the Mutual Fund shares is 1~ and that is spelled out distinctly in the Franklin Funds prospectus. These acquisition costs schedules are filed with the Securities Exchange Commission and there is nothing artibrary or negotiable about them. This is why it is hard to understand why a higher figure could have been previously projected. These costs have approximated $45,000.00 and the acquisition costs of 1~ maximum will apply to all future contri- butions. However, when any conversions are made between D I • • - • • • September 17, 1979 Page 16 • • • a Common Stock fund, Bond fund or money market fund -- regardless of the amount of money involved, there is a transfer fee of $5.00 per conversion to partially cover the cost of the paper work by the Mutual Fund. Once the initial cost has been paid there is no com- mission cost, not ever, for the life of the investment. I do appreciate the unnecessary distress that the mem- bers of the Council, Pension Boards and Staff have ex- perienced and certainly sympathize with them. Hope- fully, this letter can go on record to quell this por- tion of the confusion. Please feel free to contact me immediately if any further question should arise. Thanking you for your indulgence, patience and support, I remain, Sincerely, /s/ R. M. Leary" * * * * * * Councilman Clayton requested a list of the non-approved items excluded from the proposed 1980 budget. Councilman Smith stated the list is irrelevant to the budget review. The City Manager used discretion in cututng those items he felt were unnecessary and the decision to include certain items and exclude other items should be reliable. COUNCILMAN CLAYTON K>VED THAT THE STAFF FURNISH COUNCIL WITH A LIST OF ITEMS SERIOUSLY CONSIDERED BUT NOT PUT IN THE PRO- POSED BUDGET. Councilman Giseburt seconded the motion. Upon a call of the roll, the .vote resulted as follows: Ayes: Council Members Giseburt, Clayton, Mann. Nays: Council Members Williams, Smith, Harper, Taylor. The Mayor declared the motion defeated. * * * * * * COUNCILMAN CLAYTON K>VED THAT THE STAFF FURNISH COUNCIL WITH PROJECTIONS ON HOW THE GOLF COURSE CAN BE PUT ON OR CLOSE TO • A SELF-PAYING BUDGET. Motion died for lack of a second • ) • I • - ( • September 17, 1979 Page 17 • • • Councilman Smith stated the information was in the pro-posed 1980 budget. City Manager McCown stated he could make a list of sup- plemental requests and detail how the items were prioritized. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE MEETING. a vote. Mayor Taylor adjourned the meeting at 10:30 p.m. without ~~~>.Jar.&~ .. ~ D uty ty C er ' • I . • - ( • • ( • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 17, 1979 /Ov The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 17, 1979, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Ci-ty Manager Andy McCown. The Pledge of Allegiance was led by Boy Scout Troop 192. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Giseburt, 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 Watkins * * * * * * COUNCILMAN GISEBURT MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 4, 1979. 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. * * * * * * Mr. Pat Myles, attorney for the law firm Criswell & Pat- terson, was present on behalf of Mr. John Criswell. Mr.Myles stated he was representing KPL, Inc. in a request that a public hearing be set for a retail liquor store license to be located in the King Soopers Complex at 701 West Hampden Avenue • D I • - • September 17, 1979 Page 2 • • • COUNCILMAN MANN MOVED TO SET THE PUBLIC HEARING DATE FOR THE REQUEST FOR A RETAIL LIQUOR STORE LICENSE ON OCTOBER 22, 1979, AT 7:30 P.M. AND TO SET THE NEIGHBORHOOD PETITIONING AREA AT A TWO MILE RADIUS. Councilman Smith 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. * * * * * * Ms. Anne Robinson, Director of CHINS Group Home, was pre- sent and requested $5,000 or whatever amount Council deemed appro- priate as financial aid to help refurbish the CHINS home damaged extensively by fire on September 8th. Ms. Robinson answered questions from Council concerning how the home was financed and if any other agencies had been con-D tacted in a request for financial assistance. Ms. Robinson stated each county is billed per client for which the home provides shelter 1 and care. Also, she stated her agency had contacted area cities and counties which the home services and had hoped to received a reply from them in the near future. COUNCILMAN CLAYTON MOVED TO AUTHORIZE THE MAYOR TO APPOINT TWO PEOPLE AT HIS JUDGEMENT TO DISCUSS THIS QUESTION WITH THE PRO- PER PEOPLE INVOLVED AND TO MAKE A REPORT TO THE CITY COUNCIL AT THEIR DISCRETION. Councilman Giseburt seconded the motion. Councilman Smith stated he thought the county should be the agency supporting the request and suggested the designated people look into temporary housing for the home and possibly donate $1,000 to defray expenses while the agency is looking for something else. 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 appointed Councilmen Clayton and Giseburt to research the matter and report back to Council • • I • - • • September 17, 1979 Page 3 • • • Mayor Taylor granted Councilman Clayton's request to utilize any help from the staff that he and Councilman Giseburt might need. * * * * * * Mayor Taylor asked if there were any other visitors in audience wishing to speak to Council. Isabella Knight, 3021 South Lincoln, appeared before Coun- cil. Ms. Knight spoke against the proposed bill that would allow smoking during public meetings. Ms. Knight stated she would like to an area designated for "no smoking" during a public meeting if Council passed the ordinance. Mayor Taylor asked if there were any other visitors wish- ing to speak to Council. No one responded. * * * * * * COUNCILMAN CLAYTON MOVED TO OPEN THE PUBLIC HEARING ON A REQUEST FOR A SPECIAL EVENTS PERMIT TO SERVE BEER, WINE AND LIQUOR AT THE ANNUAL FUND RAISING PROGRAM TO BE HELD ON OCTOBER 21, 1979 FOR THE SAINT LOUIS CHURCH, HOME AND SCHOOL, 3310/3301 SOUTH SHER- MAN STREET. 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 asked if there was a representative from the Saint Louis Home and School organization present. Mary Jo Chik, 3110 South Delaware, appeared before Coun- cil as the representative. Ms. Chik stated the home and school association is the parent organization of the school and they were not associated with the national PTA. Ms. Chik requested that Council grant the permit to sell beer and wine at their annual fund raising spaghetti dinner. Councilman Smith stated he understood the liquor code to prohibit the serving of liquor on school grounds regardless of whether the school is in or out of session • • I • - 0 • • September 17, 1979 Page 4 • • • City Attorney Berardini stated the liquor code allows the serving of liquor on school premises as long as the school is not in session. Councilman Smith asked for clarification of the question before action was taken to grant or deny the request for a special events permit. COUNCILMAN CLAYTON MOVED THAT THE HEARING BE RECESSED AND BE CALLED BACK WHEN THE CITY ATTORNEY HAS ANSWERS TO THE REQUESTED QUESTION AND TO DELAY THE PUBLIC HEARING ON THE SPECIAL EVENTS PER- MIT FOR THE VOLUNTEER FIRE DEPARTMENT AND TO PROCEED TO AGENDA ITEM 4C THE PRE-BUDGET PUBLIC HEARING. Councilman Smith 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. * * * * * * COUNCILMAN CLAYTON MOVED TO OPEN THE PRE-BUDGET PUBLIC HEARING. 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. City Manage~ McCown stated the purpose of the pre-budget hearing was to receive input from citizens as to what they think the Council and the staff should be considering or not considering as part of the budget for the fiscal year 1980. Mayor Taylor asked if anyone in the audience wished to address Council on this matter. Maurice Jones, 5020 South Washington, appeared before Council. Mr. Jones asked for clarification on the budget pro- cess. Mr. Jones asked if there were any monies available in the proposed budget for 1980 for Duncan Park • • I • - ( • • c • • • • September 17, 1979 Page 5 public McCown placed City Manager McCown explained the budget process and how improvements projects are incorporated into the budget. Mr. stated that funds for the improvement of Duncan Park were in the public improvement fund. Isabella Knight, 3021 South Lincoln, appeared before Council and proposed that a community center be built. Ms. Knight stated the City needs a place for young people to go. Eva Eisenberg, 4955 South Galapago, apeared before Coun- cil and requested that a contribution be made to the Arapahoe House. Mrs. Eisenberg stated the agency has ou~ grown its facilities to house clients who stay on a long term basis. Mrs. Myrtle Jones, 5020 South Washington, appeared before Council. Mrs. Jones noted that monies were budgeted in 1981 and in 1982 for the Duncan School project under the public improvement fund. Mrs. Jones suggested that unless the improvements provide for bath room facilities, nothing be done. Mayor Taylor asked if there was anyone else wishing to speak to Council on the budget for 1980. No one responded. COUNCILMAN CLAYTON MOVED TO CLOSE THE PUBLIC HEARING. Councilman Smith 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 reconvened the recess made by Councilman Clayton's motion on the special events permit request from Saint Louis School. Councilman Smith requested the City Attorney to read the regulations concerning his question. City Attorney Berardini transmitted copies of Title XII, Article 48, Section 107, in particular 48-107.2. Mr. Berardini stated the regulation states that the issuance of the permit is permissible as long as the event is within a certain distance from the school and is not held while school is in session. I • - • September 17, 1979 Page 6 • • • Mary Joan Chik, reappeared before Council and confirmed that no classes would be in session on the day of the event. Deputy Clerk Watkins stated that Ms. Chik had produced a photograph of the posting of the notice of public hearing for the record. Mayor Taylor asked if there was anyone wishing to speak in favor of granting the permit. Thomas Fitzpatrick, 3155 South Acoma, appeared before Council. Mr. Fitzpatrick stated the proceeds from the event help defray costs of running the school. Joe Bilo, 4095 South Jason, appeared before Council. Mr. Bilo stated he felt the event was for a good purpose and that it was a way for the association to raise money without coming to Coun-cil and asking for a donation. Mayor Taylor asked if there was anyone wishing to speak against the permit. Eva Eisenberg, 4955 South Galapago, appeared before Council. Mrs. Eisenberg stated she was against religious in- stitutions serving liquor. Mrs. Eisenberg asked how it was going to be controlled to avoid selling liquor to minors. Ms. Chik appeared before Council and stated there would be people to check the identification of those people who appear to be under age. 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, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO GRANT THE SPECIAL EVENTS PERMIT TO SAINT LOUIS CHURCH, HOME AND SCHOOL, 3310/3301 SOUTH SHERMAN STREET, TO SERVE BEER, WINE AND LIQUOR AT THE ANNUAL FUND RAISING PROGRAM TO BE HELD ON OCTOBER 21, 1979. Councilman Gise- burt seconded the motion. Upon a call of the roll, the vote re-sulted as follows: • • ) I • • - • • ( • September 17, 1979 Page 7 Ayes: Nays: • • • Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. Councilman Smith stated a valid point was made on check- ing the identification of people who might be questionable in re- gard to their age. Mr. Smith stated the sell of liquor to a minor may damage future changes of getting a permit. * * * * * * COUNCILMAN CLAYTON MOVED TO OPEN THE PUBLIC HEARING ON THE REQUEST FOR A SPECIAL EVENTS PERMIT TO SERVE BEER, WINE AND LIQUOR AT THE ANNUAL FIREMEN'S BALL SPONSORED BY THE VOLUNTEER FIREMEN TO BE HELD ON SEPTEMBER 22, 1979, IN THE BLUE MALL OF CINDERELLA CITY. 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 asked if anyone was present to represent the Volunteer Firemen's request. Donald Seymour, 4750 South Lipan, appeared before Coun- cil as the representative. Mr. Seymour requested that Council is- sue the permit to serve beer, wine and liquor at their annual fund raising ball. Mr. Seymour stated the proceeds go towards funding the training and educational program for the volunteer firemen. Deputy Clerk Watkins stated that Mr. Seymour had pro- duced a photograph of the posting of the notice of public hear-ing for the record. Mayor Taylor asked if anyone in the audience wished to speak in favor of granting the permit. Thad Carson, 3990 South Jason, appeared before Council. Mr. Carson stated he was in favor of granting the permit since the ball is a long term event and, as far as he knew, with no in-cidents. • I • - • • • September 17, 1979 Page 8 • • • Thomas Fitzpatrick, 3155 South Acoma, appeared before Council. Mr. Fitzpatrick stated he was in favor of issuing the permit knowing that everyone would have a good time and that the event would be well regulated. Joe Bilo, 4095 South Jason, appeared before Council and spoke in favor of granting the permit. Mr. Bilo stated the event was for a worthy cause and a good annual affair. • permit. Mayor Taylor asked if anyone wished to speak against the Eva Eisenberg, 4955 South Galapago, appeared before Coun- cil and spoke against the permit. Mrs. Eisenberg stated she felt people could socialize and raise money without serving liquor. Mrs. Eisenberg asked how she could change the statutes to disallow ser-ving liquor on school grounds. Councilman Smith stated she would have to act through the state legislature. 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, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. COUNCILMAN MANN I«>VED TO APPROVE THE SPECIAL EVENTS PER-MIT TO THE VOLUNTEER FIREMEN DEPARTMENT FOR THE ANNUAL FIREMEN'S BALL ON SEPTEMBER 22, 1979 FROM 8:30 P.M. TO SEPTEMBER 23, 1979, 1:00 A.M. Councilman Giseburt 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 declared a recess at 8:55 p.m. The Council ( reconvened at 9:15 p.m. Mayor Taylor asked for roll call. Upon ) a call of the roll, the following were present: I • - ( • • ( • September 17, 1979 Page 9 ! • • • • Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * COUNCILMAN GISEBURT MOVED TO OPEN THE PUBLIC HEARING ON REVENUE SHARING FUNDS FOR 1980. 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. City Manager McCown stated the City will receive $750,000 from the federal government in 1980 in revenue sharing funds. Mr. D McCown stated the funds are put in the public improvement fund and not used for daily expenses of the City. Mr. McCown also stated this was the first of two hearings that are held on revenue sharing funds. The second one will be when the hearing on the 1980 budget is scheduled. Mayor Taylor asked if anyone in the audience wished to apeak on proposed uses for 1980 revenue sharing funds. Maurice Merlin, 3688 South Sherman, appeared before Coun- cil. Mr. Merlin suggested the funds be used to build a swimming pool oriented towards children. Mayor Taylor asked if anyone wanted to speak against using the funds. No one responded • COUNCILMAN MANN MOVED TO CLOSE THE PUBLIC HEARING. Coun- cilman Clayton 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 • - • September 17, 1979 Page 10 • • • Mayor Taylor stated the revenue sharing program expires in 1980 and asked that people contact their congressmen and en- courage them to continue the program. Mayor Taylor stated the funds have become an important source to the City's revenue. Councilman Smith stated the program is the least ex- pensive program to operate by the federal government and hoped that it could continue. * * * * * * "ColiiiiUnications -No Action Reco11111ended" on the agenda were received: (a) (b) (c) (d) Minutes of the Planning and Zoning Co11111ission meeting of July 17, 1979. Minutes of the Housing Authority meeting of July 25, 1979. Minutes of the Public Library Board meeting of August 14, 1979. Municipal Court Activity Report for the month of August, 1979. * * * * * * There were no "Co1111111nications -Action Reco11111ended" on the agenda. ORDINANCE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 41 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE AMENDING CHAPTER 4, TITLE I, OF THE '69 E.M.C. BY ADDING A NEW SECTION AUTHORIZING SMOKING IN GENERAL ASSEMBLY ROOMS. COUNCILMAN WILLIAMS K>VED TO PASS COUNCIL BILL NO. 41, SERIES OF 1979, ON FIRST READING. Councilman Giseburt seconded the motion • D I • - ( • • ( • September 17, 1979 Page 11 • • • Council discussed the bill extensively debating the pros and cons of allowing smoking in general meeting places. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt. Council Members Smith, Harper, Clayton, Mann, Taylor. The Mayor declared the motion defeated. Myrtle Jones, 5020 South Washington, appeared before Council and asked what the penalty would be for those people who smoke during these meetings. City Attorney Berardini stated the person would be asked to extinguish the cigarette or asked to leave the pre- mises. If the person continued to smoke the police would pro- bably be called in to remove the person on a nuisance charge. Isabella Knight, 3021 South Lincoln, appeared before Council and stated she felt people would respect the order for no smoking. * * * * * * RESOLUTION NO. 36 SERIES OF 1979 A RESOLUTION PROVIDING FOR COST OF LIVING WAGE ALLOWANCE FOR THE CITY MANAGER, CITY ATTORNEY, AND MUNICIPAL COURT JUDGE CO~CING JULY 1, 1979 FOR THE REMAINDER OF THE CALENDAR YEAR 1979. COUNCILMAN WILILAMS MOVED TO PASS RESOLUTION NO. 36, SERIES OF 1979, AND THAT THE FOLLOWING ANNUAL SALARIES BE ES-TABLISHED: CITY MANAGER CITY ATTORNEY MUNICIPAL JUDGE 3~ 4~ 4~ Councilman Harper seconded the motion. $ 36,920 34.719 30,602 Mayor Taylor stated the City Manager had asked the Coun- cil to consider the lesser percentage because he had received a higher increase last year and that the 3~ was approximately what he had issued to his department heads. • I . - • • September 17, 1979 Page 12 • • • Council discussed the resolution and proposed increases at length. · COUNCILMAN CLAYTON K>VED TO AMEND THE MOTION AND THAT THE INCREASES FOR THE CITY MANAGER, CITY ATTORNEY AND MUNICIPAL JUDGE EFFECTIVE JULY 1, 1979, BE AT THE THREE PERCENT LEVEL AND DELETE THE PHRASE "COST OF LIVING" FROM THE RESOLUTION. Councilman Smith seconded the motion. Council discussed the amendment at length and whether or or not the increases could be defined as negotiable items, or cost of living wage adjustments. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton. Council Members Williams, Giseburt, Mann, Taylor. The Mayor declared the motion defeated. Upon a call of the roll, the vote on original motion re-sulted as follows: Ayes: Council Members Williams, Smith, Harper, Clayton, Taylor. Nays: Council Members Giseburt, Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN MANN MOVED TO ACCEPT AND AUTHORIZE THE MAYOR TO SIGN THE PROCLAMATION DECLARING SEPTEMBER 22, 1979, AS HUNTING AND FISHING DAY. 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 Attorney Berardini presented a report with reference to turning left across solid double yellow traffic lines requested • I • - • • U( • September 17, 1979 Page 13 • • • ... by Councilman Smith. Mr. Berardini stated the report was prepared by the Traffic Engineer Joe Plizga. Councilman Smith noted the recommendation in the report that it would not be expedient to pass an ordinance prohibiting left turns across the double, yellow, but to investigate the specific locations where left turns are causing problems and either make roadway alignment changes, i.e., installation of left turn bays and removal of parking or the installation of a physical median barrier. Councilman Smith asked that the recommendation be pur- sued to look as specific locations where they are causing pro- blems and to make a comparison about the islands that have been put out on the south portion of Broadway and that would eventu- ally be put in the northern area of Broadway and also to include in the traffic study a look at the installation of left turn bays and also what is happening in regard to making turns into Ralph Schomp and other businesses along Broadway. Mayor Taylor also requested information on right turns on a red light. City Attorney Berardini stated those requests are pe- culiarly adapted to the Department of Public Works and Traffic Engineer and their statistical reports could give Council some insight as to information they are requesting. If the reporting material is such that Council would want a change in the ordinance, he would prepare the ordinance change. * * * * * * City Manager Mccown transmitted the proposed 1980 bud- get and discussed the basic changes that were made compared to last year's budget. The changes include breaking down expendi- ture accounts where there was significant change and also in- cluded are the approved supplemental requests. Mr. McCown stated the total recommended budget for 1980 is $20,610,166 as compared to $25,533,170 for 1979. The decrease is primarily due to com- letion of some of the capital improvements in 1979 • COUNCILMAN MANN K>VED TO RECEIVE THE 1980 PROPOSED BUDGET AND SET A PUBLIC HEARING ON THE BUDGET ON OCTOBER 1, 1979 AT 7:30 P.M. 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 • - • • • September 17, 1979 Page 14 • • • The Mayor declared the motion carried. RESOLUTION NO. 37 SERIES OF 1979 * * * * * * A RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET. COUNCILMAN WILLIAMS K>VED TO PASS RESOLUTION NO. 3 7, SERIES OF 1979. 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. Mayor Taylor stated he would present the check for $15,000 to help the Englewood High School Band defray costs to the Rose Bowl Parade in Pasadena, California. Mayor Taylor stated the presentation would take place at 11:30 a.m. on Wed- nesday, September 19, 1979, and encouraged all council members to be in attendance. * * * * * * City Manager McCown transmitted the minutes from the last Englewood Downtown Development Authority. * * * * * * City Manager McCown transmitted a copy of the Eco-Cycle's projected budget for the 1979-80 fiscal year. * * * * * * Mayor Taylor asked if the City was going to furnish bags for leaves this year. City Manager McCown stated he would discuss the project with the Director of Public Works and report back. * * * * * * Councilman Giseburt stated at the last Council meeting Mr. William Mason appeared and discussed the pension boards's decision to change money managers. Since that time, there has been investigation into the charges made by Mr. Mason and the • • I • • - • • c • September 17, 1979 Page 15 • • • questions have been answered to the satisfaction of the pension boards and Council. Mr. Giseburt stated Council should have a letter in their possession from R. M. Leary & Co., the new money manager and requested that the letter be placed into the record: Mr. James L. Taylor, Mayor City of Englewood 3400 South Elati Street Englewood, Colorado 80110 Dear Mayor Taylor: "September 14, 1979 We believe that you and the City Council would be interested in having the exact liquidating costs of the Securities sold in the three Englewood Pension Funds as well as the acquisition costs of the Mutual Funds that were purchased. You can then equate these figures with the estimates in a letter of August 29, 1979, from Mason & Co., and his reiteration of these estimates at your Council meeting of September 4, 1979. All of the Common Stocks were sold through Bache Halsey Stuart Shields, Inc. at a negotiated discount of 31~ which totalled out at $12,784.00. All of the Bonds were sent out for the highest bid on a NET basis so there were NO commissions on the Bonds. The firms invited to purchase these Bonds at the highest bid prices were Merrill Lynch, Bache and E. F. Hutton Co., Inc. I have a copy of the bids from each of the above firms on each Bond sold for the perusal of anyone further interested. The cash equivalent funds in Federated Master Notes held through the custodianship of the First National Bank of Englewood were also transferred without charge -- which is normal procedure. In summation, $12,784.00 was the total liquidating costs on approximately $4,500,000.00 representing the asset values of the three Pension funds • The acquisition cost of the Mutual Fund shares is 1~ and that is spelled out distinctly in the Franklin Funds prospectus. These acquisition costs schedules are filed with the Securities Exchange Commission and there is nothing artibrary or negotiable about them. This is why it is hard to understand why a higher figure could have been previously projected. These costs have approximated $45,000.00 and the acquisition costs of 1~ maximum will apply to all future contri- butions. However, when any conversions are made between • 0 I • - • • September 17, 1979 Page 16 .. . • • • a Common Stock fund, Bond fund or money market fund -- regardless of the amount of money involved, there is a transfer fee of $5.00 per conversion to partially cover the cost of the paper work by the Mutual Fund. Once the initial cost has been paid there is no com- mission cost, not ever, for the life of the investment. I do appreciate the unnecessary distress that the mem- bers of the Council, Pension Boards and Staff have ex- perienced and certainly sympathize with them. Hope- fully, this letter can go on record to quell this por- tion of the confusion. Please feel free to contact me immediately if any further question should arise. Thanking you for your indulgence, patience and support, I remain, Sincerely, /s/ R. H. Leary" * * * * * * Councilman Clayton requested a list of the non-approved items excluded from the proposed 1980 budget. Councilman Smith stated the list is irrelevant to the budget review. The City Manager used discretion in cutting those items be felt were unnecessary and the decision to include certain items and exclude other items should be reliable. COUNCILMAN CLAYTON ..,VED THAT THE STAFF FURNISH COUNCIL WITH A LIST OF ITEMS SERIOUSLY CONSIDERED BUT NOT PUT IN THE PRO- POSED BUDGET. Councilman Giseburt seconded the motion. Upon a call of the roll, the _vote resulted as follows: Ayes: Nays: Council Members Giseburt, Clayton, Mann. Council Members Williams, Smith, Harper, Taylor. The Mayor declared the motion defeated. * * * * * * COUNCILMAN CLAYTON t«lVED THAT THE STAFF FURNISH COUNCIL WITH PROJECTIONS ON HOW THE GOLF COURSE CAN BE PUT ON OR CLOSE TO A SELF-PAYING BUDGET. Motion died for lack of a second • • • I • • - ( • • • September 17, 1979 Page 17 • • • Councilman Smith stated the information was in the pro-posed 1980 budget. City Manager McCown stated he could make a list of sup- plemental requests and detail how the items were prioritized. * * * * * * COUNCILMAN WILLIAMS K>VED TO ADJOURN THE MEETING. a vote. Mayor Taylor adjourned the meeting at 10:30 p.m. without • I . • - • 7:30 P .M. 1. • • ··-• AGENDA FOR TilE REGULAR MEETING OF TilE ENGLEWOD CITY COUNCIL SEPTEMBER 17, 1979 Call to order, invocation by Re•~l~~ Englewood Free Methodist Church, 4395 South Lincoln Street, pledge of allegiance by Boy Scout Troop #92, and roll call. Minutes. (a) Minutes of the regular meeting of September 4, 1979. (Copies enlcosed.) 2. Pre-Scheduled Visitors. ' · (a) Mr. John Criswell, attorney at law, will be present representing KPL, Inc. to request a ~~ l~~!!~eh~~r~gl~~~t:dr~~a~~e 1 i~::rs~~~:S a.. r .-. • Complex ~tt 701 West Hampden Avenue . (Copies cr~~-~0~~ enclosed.) (b) Ms. Anne Robinson, Director of CHINS Group ~ Home, will be present to request funds to ur ---rebuild the CHINS Home. (Copies enclosed.) ( 3. Other Visitors. 4. Public Hearings. (a) (b) ~ 7:30 P.M. -Request for a Special Events Permit to serve beer, wine and liquor at the annual fund raising program to be held on October 21, 1979 for the Saint Louis Church, Home and School, 3310/3310 South Sherman Street. (Copies enclosed.) 7:45 P.M. -Request for a Special Events Permit to serve beer, wine and liquor at the Annual Firemen's Ball sponsored by the Volunteer Fire- men to be held on September 22, 1979 in the Blue Mall of Cinderella City. (Copies enclosed.) I • • - • • ( • • • . Page 2 September 17, 1979 Agenda Public Hearinga (Continued). _ ~ (c) 7 ,55 P.M. -Pre-Budget Public Hearing. ,~ r (d) 8:00 P.M. -Revenue Sharing Public Hearing . 4 . 5. Communications -No Action Recommended. (a) Minutes of the Planning and Zoning Commission meeting of July 17, 1979 . (Copies enclosed.) (b) Minutes of the Housing Authority meeting of July 25, 1979. (Copies enclosed.) (c) Minutes of the Public Library Board meeting of August 14, 1979. (Copies enclosed.) (d) Municipal Court Activity Report for the month of August, 1979. (Copies enclosed .) 6. Communications -Action Recommended. 7. City Attorney . Bill for an Ordinance . (!. S M:J.f..f (a) ~~ rDI'•-n'- Bill amending Chapter 4, Title I of the 1969 E.M.C. by adding a new section authorizing smoking in the General Assembly rooms during special and regular sessions of the Council. (Copies enclosed .) Resolution. Jl,.. (b) ~j(o Resolution providing for cost of living wage allowance for the City Manager, City Attorney and Municipal Court Judge commencing July 1, 1979 for the remainder of the calendar year 1979. (Copies enclosed.) Proclamation. ~(c) Proclamation proclaiming September 22, 1979 as Hunting and Fishing Day . (Copies enclosed.) I • - - • • r· • •Page 3 September 17, 1979 Agenda 7. City Attorney (Continued). Other Matters . kA#'6... Jd;-*~66 (d) Me.orandwa froa the City Traffic Engineer to o-----~ the City Attorney concerning turning left across solid, double-yellow traffic lines. (Copies enclosed.) (e) Attorney's Choice. 8. City Manager. A~A:, (a) Transmittal of the 1980 Proposed Budget. Jv.~-1-"'1• "1:.Jqplt\. (Copies to be transmitted.) ~--(b) Resolution amending the 1979 General Fund JL !I? budget appropriating $15,000 for the Englewood ~~ High School Band trip. (Copies to be trans-mitted.) (c) Manager's Choice. 9. General Discussion. (a) Mayor's Choice. (b) Councilman's Choice. 10. Adjournment. O.~?#!lu~ AN MC COWN Ci Manager I . • - • • - --SecCMded ~ !l. lru..!_1~ 11 Absutn Absent ~ ~ ..IIII:Del"_ ~. Nann ~ ..!..!l_~or • • I . • • -• • - ROLL CALL A "" Ill ay Abstat ft lf_UJt~ ,_ .. JT,_-,_ ~ ,_. 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J ~r _!~_,_or • I . • - • I. • - ROLL CALL Abstain Absent • I . • - - • • • • •• • • ROLL CALL Moved Seconded 11 o, m A./~"-"'fi.A../ {!Ytl_~ ~0, if;IO, tfP& ft1fO Abstlfn Absent t~ --, 1179 I . . ~1f~~~ • ~I; I n I . • ~"' ·I n • - ·, • • - ROLL CAll, Moved Seconded A ~· ~ Abstafn Absent l!fll_ 1 UIS 4. -Na ~ 1. -.,_ ;)Ill.!!!!: -ll'oer --IIYtOn Inn_ -__!~ ~ IIY_I,P.I" - I . . • • • - • . · I .. • - Seconded • I . • • • • - • • ROLL CALL Moved Seconded Wf111us AYe Nay Abstatn Absent ~ ;)lllltn HanM!r Clavton Mann _llllyor Tav_l_£r -----1 f i t{-------·-------. .__ __ _ - • I . • • - • - ~ - ROll CALL Noved Seconded Abstafn Absf!ftt • • I . • • • • - • • ROLL CALL Abstafn Abseftt - • I . • • • - • • ROLL CALL Jlloved Seconded • • I . • • - • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 4, 1979 l A I The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 4, 1979, at 7 :30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Councilman Donald Smith. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Giseburt , Smith, Harper, Clayton, Taylor. Absent: Council Member Mann. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Engineering Services Diede Deputy City Clerk Watkins * * * * * * An informal dedication was given of the new Council/ Court Chambers. Mr. Kelly Oliver, Oliver and Hellgren , the archi- tectural firm responsible for the remodeling design appeared be- fore Council and discussed particular features that were in the project, i.e. electronic voting system, four-track recording sys- tem and the low brightness lighting. Mayor Taylor announced that a formal dedication of the facility would take place some time before October of this year. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 20, 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: I • - • • • September 4, 1979 Page 2 Ayes: Nays : Absent: The Mayor Council Harper, None. Council declared * * • • • Members Williams, Giseburt, Smith, Clayton, Taylor. Member Mann. the motion carried. * * * * Ms. Mary Joan Chik, 31 10 South Delaware, was present. Ms. Chik stated she was representing St. Louis Church, Home and School, 3301/3310 South ·Sherman Street in a request that a date be set for a public hearing for a special events permit to serve beer, wine and liquor at their annual fund raising program on October 21, 1979. COUNCILMAN SMITH MOVED THAT A PUBLIC HEARING BE SET FOR SEPTEMBER 17, 1979, AT 7:30P.M. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith. Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * Mr. Don Seymour, 4750 South Lipan, was present in the absence of Doug Sovern and Paul Newport. Mr. Seymour stated he was representing the Englewood Volunteer Fire Department in a request that a date be set for a public hearing for a special events fermit to serve beer, wine and liquor at their annual Firemen s Ball on September 22, 1979 in the Blue Mall at Cin-derella City. COUNCILMAN CLAYTON MOVED TO SET A PUBLIC HEARING ON SEPTEMBER 17, 1979, AT 7:45P.M. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor • • I • - • • • September 4, 1979 Page 3 Nays: Absent: • • • None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Director of Engineering Services Gary Diede was present and discussed the award of construction contracts for Paving Dist- rict No. 26 (South); for Sidewalk Improvement Project 1979 ; and for Seal Coat Project 1979. COUNCILMAN CLAYTON K>VED THAT COUNCIL ACCEPT THE PETER KIEWIT SONS, COMPANY, BID OF $87,956.50 ON PAVING DISTRICT 126 OF SOUTH ZUNI (DARTK>UTH AVENUE TO FLOYD AVENUE) AND THAT THE FUNDS BE DERIVED FROM THE $50,000 PRESENTLY IN THE PUBLIC IM- PROVEMENT BUDGET AND $19,000 FROM THE PUBLIC IMPROVEMENT BUD- GET ITEM OF CLARKSON STREET CONSTRUCTION MAKING THE TOTAL OF $69,000. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. COUNCILMAN HARPER MOVED TO AWARD THE CONTRACT FOR THE CONSTRUCTION OF SIDEWALK IMPROVEMENT PROJECT 1979 TO J & N CON- CRETE IN THE AMOUNT OF $23,773.86. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes : Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays : None. Absent : Council Member Mann. The Mayor declared the motion carried. COUNCILMAN CLAYTON MOVED THAT ON THE SEALCOAT PROGRAM FOR THE CITY OF ENGLEWOOD FOR THE YEAR 1979 THAT COUNCIL ACCEPT THE BID AS SUBMITTED BY THE A-1 PAVING COMPANY, INCORPORATED FOR I • - • • • September 4, 1979 Page 4 • • • $35 ,000 LESS THE DEDUCTS OF $5,850 FOR A TOTAL OF $29,250. Coun- cilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wish- ing to speak to Council at this time. The following is a verbatim transcript of the appearance of Mr. William Mason who requested to speak to Council concerning the investment management of the City's three pension boards' funds : PAT MILES : Mr. Mayor and Members of the Council, I'm Pat Miles. I'm an attorney with the law firm of Criswell and Patterson at 3780 South Broadway here in Englewood. I'm appearing this even- ing for the purpose of introducing two gentle- men who would like to address the Council. I believe members of Council had received perhaps a letter from Mr. William Mason. Mr. Mason wpuld like to address Council this evening. In addition to Mr. Mason and along with Mr. Mason is Mr. Allen Gordon who would request permission to address Council and both gentlemen have indicated their request is to bring to the Council's attention cer- tain concerns they have in reference to the City's retirement fund. By way of mere in- troduction, Mr. Mason is president of William Mason & Company of Woodland Hills, California, and this is the company that has managed the City's pension funds for approximately the last four years. I think specifically the employee retirement fund and the firemen's retirement fund since 1974 and more recently the policemen's pension fund since August of 1978. As I indicated Mr. Mason is president of that company. I would indicate to you the Council that the agreement between the City and Mr. Mason's firm terminated August 22nd of • I • - • • c • September 4, 1979 Page 5 MAYOR TAYLOR: • • • this year, last week, and Mr. Mason would like to indicate certain concerns that he has over the present status of that fund. Mr. Allen Gordon is an attorney from Los Angeles who specializes in security laws and specifically in the federal investment advisor's act and by way of background Mr. Gordon has been chief counsel for the Securities Exchange Commis- sion dealing specifically with the invest- ment advisor's act and the investment coun- sel act. He has been in private practice in Los Angeles dealing -specifically in this area for the past 10 years. It's not necessary to have an attorney appear to introduce the gentle- men to Council; but I merely want to indicate my only purpose in being here is to introduce the members to Council and indicate that Mr. Mason came to our firm because of an inability for his firm and for himself on prior occasions to meet with the retirement board. On several occasions during the last month, he has made effort to arrange a meeting and one of those I meetings have been forthcoming. He contacted our office merely to request assistance in get- ting this matter before Council or his concerns before Council. I did have occasion to meet with both Mr. Mason and Mr. Gordon late this afternoon. Mr. Gordon has indicated to me that he has certin concerns from a legal standpoint that he would like to bring to Council's atten- tion. I am going to defer any remarks with re- ference to his legal concerns to his expertise. I would, however, indicate that I do share some of his concerns and I think they are matters that Council should be made aware of. With that I would turn over the podium to Mr. Mason if, Mr. Mayor, that is all right • Mr. Miles, before you do. The Council dis- cussed your letter and your mail-o-grams in our study session this afternoon and it's the, under our City Charter, the Council is not responsible or have jurisdiction over the police and fire pension boards. There is a connection of some sort with the City Council and the non-emergency employees pension board and to explain that in terms that are more familiar to law and to legal understanding, I'm going to defer to our City Attorney who is the attorney for both or all three of our I • • - • • September 4, 1979 Page 6 PAT MILES : MAYOR TAYLOR: CITY ATTORNEY BERARDINI: PAT MILES: • • • boards. When Mr. George Olson called, I be- lieve his first name is George, Olson called me the other day. Is he your Denver repre-sentative? Yes, he is the Denver representative. I told him at the time, well, actually, to be honest, he called around Tuesday, and I didn't get back to him until Thursday, and it was too late to get him on the scheduled visitors for the agenda, but I told him it is the practice of this Council, although we're not obligated to under the Charter to ask for additional visitors, we always do because we would like to be as democratic as we possibly can. With that understanding, we will hear Mr. Mason but before we do I'd like Mr. Berardini, our attorney, to fill you in on how this Council and the pension boards operate. Mr. Miles, I think briefly stated, the Coun- cil wonders why the correspondence was ad- dressed to it when the boards themselves are independent boards that are charged by statute and by ordinance given the full responsibility and authority to invest the funds at their dis- cretion and under the authority granted by the Colorado State Statutes, and perhaps you could address this or perhaps Mr. Mason or Mr. Gordon could, what relief you are requesting if any from the City Council? We don't feel that the Council, of course, has any jurisdiction to substitute its judgement for that of the board, the various boards of trustees of the various pension funds. I do note that under the public employement retirement fund, the Council may replace a trustee under the City Code if it so chooses by amendment to the ordinance, but, I think the main question here is what are your clients seeking to do and what relief are they seeking from Council, if any? Let me try to address those one at a time. Why are we here tonight? I think I can best state to Council that as early as Aufust 7th of this year at which time Mr. Mason s firm was resonsible for management of the pension funds and he met with representatives of the I • - c • • September 4, 1979 Page 7 • • • A City and at that time it was indicated to him that consideration was undertaken that the pension policy or administration of the pension funds was being changed. He requested to meet with the pension board and that meeting was tentatively or to be arranged for the week fol- lowing August 7th. They were never able to ar- range it. They again tried to arrange a meet- ing the subsequent week. That was never fol- lowed through. A meeting was scheduled on August 22nd of 1979. Hr. Mason and his firm were ad- vised prior to that .meeting that it was being canceled. It's our understanding that the meet- ing did take place. One of the concerns of the company is that they have had no forum to come before. They've not been able to meet with the pension board to discuss the concerns that they have with reference to the fund. As to the relief that they are seeking here before Council, specifically none. They want a little bit of your time to listen to their concerns so that it is out in the open and someone has listened to their concerns. I don't think that the Council necessarily has the power to take affirmative action, but I think the Council does have the power to listen to the concerns that the gentlemen have. MAYOR TAYLOR: Do I hear any objection from Council? COUNCILMAN CLAYTON: Your honor, I have no objection. I think that our record of this proceeding - I would request show the remarks of the City Attorney, though. MAYOR TAYLOR: PAT MILES: MAYOR TAYLOR: WILLIAM MASON: MAYOR TAYLOR : Certainly, Hr. Miles, you client may speak. I wanted to be sure that everyone understood where the City Council stands on this before you do because the City Council can not change what the pension boards have done. Thank you. So you may bring your client up if you wish. Thank you. First I wish to thank the Mayor and City Council and City Manager Would you please give us your name and address? Everything you say is on tape, you know , this is like Watergate • • I • - • September 4, 1979 Page 8 COUNCILMAN SMITH : MAYOR TAYLOR: WILLIAM MASON : • • • But there's no blanks. There's no blanks involved. My name is William Mason. I'm preside.nt of William Mason and Company, Woodland Hills, California. Having had the opportunity to speak to the boards, I would not be here to- night. So I do wish to thank you for the op- portunity to speak. I'm not here because I feel I have any vested right to manage the funds of the City. Clearly, I do not. I am here because I am absolutely appauled at the way the decision to terminate are serious at which arrived at and the current lack of con- sideration of the implications of liquidating all the securities held in the portfolios of these plans. We have been investment counsel to the firemen's pension plan and the City's employment pension plan since 1974 and to the policemen's pension plan since August of this year. During this period, there were no com- plaints about investment results made to us, or fees, or other significant matters. For weeks, we've been attempting to arrange a meet- ing with the boards through the office of the director of finance whom I understand left the City's employment last Friday. We were con- tinually put off. We were told that three suc- cessive meetings were scheduled and that they were then canceled. Finally, we were told that a meeting was arranged for August 22nd. Then we were told it was re-scheduled for September 5th. This canceled meeting was held on August 27th that's August 22nd at which time our ser- vices were terminated. And it is our under- standing the one-year old firm, one-year old firm of R. M. Leary and Company was retained. I repeat we have no vested right to manage the City's pension funds. The boards have the right to fire us. But if I were a board mem- ber I would be very concerned about why Bill Mason was not allowed to speak. Was it just bad manners or was someone afraid of what I would say? We have been managers of these plans for five years. I have been in the in- vestment business for almost 20 years. Not as a customer's man for a brokerage firm. Hot as a 1111tual fund salesman. But an in- vestment analysis and investment manager • • • I • - ( • September 4, 1979 Page 9 • • • I would think it would be understood that my views were of some value. Common sense would suggest that before they bought an in- vested program from someone who had an eco- nomic interest in selling it to them that they would at least listen to the other side. How, as I said, I was not at the August 22nd meeting so I do not know exactly what happened. But, it is my understanding that at that meet- ing, a new set of investment guidelines were adopted and the firm of R. M. Leary and Com- pany was engaged to .manage the pension assets. I find it particularly ironic that at that meet- ing, that m.eeting that I was refused attendance, the following guideline was accepted. I quote, "it is the desire of the pension board to meet quarterly in person with the investment manager responsible for this account to review the fol- lowing" and then there's a whole list of legi- timate investment concerns. That's all I de- sired, an opportunity to meet with the boards. Had I been given the opportunity to speak, I would have raised the following points. First, as a result of the actions taken on August 22nd a first rate set of investment guidelines brought up earlier this year by Mr. James and by Mr. Johannisson, guidelines which contain substantial and specific investment safeguards would have to be abandon. A mutual fund switch- ing program such as R. M. Leary and Company specializes in would probably violate these guidelines. My second concern, the second point I would raise was that you were hiring an investment advisor who had been in business for barely one year. Who had little actual experi- ence managing investments and had an invest- ment performance record which was largely hypo- thetical. Furthermore, it involved the use of load mutual funds, an investment vehicle that is so discredited that it has been equated by one well-known writer as "throwing money out the window". Third, I would stand by the cost estimates which I made in my letters to the City Council. Both the substantial one-time cost and the double management fees that would continue. I would also like to point out that your guidelines call for your investment ad- visor to carry fiduciary liability insurance. Does he? Has anyone seen the policy? Has the City Attorney reviewed it? Only three co~ • I • - • • • September 4, 1979 Page 10 MAYOR TAYLOR: ALLEN GORDON : MAYOR TAYLOR: ALLEN GORDON: • • • pan~es write such coverage, only three com- pan1es in the insurance industry in this coun- try. Two of them began writing it this year. One only writes for members of the Investment Counsel Association of America of which there are 80 members, 80 members out of 5,000 invest- ment advisors. One of the terms of the con- tract is that if you cease to become an in- vestment, a member of the investment counsel association, you policy automatically lapses. Finally, a mutual fund switching program such as that offered by R. M. Leary and Company could well violate the new guidelines. Few mutual funds will place pointless restrictions on the investment policy the new guidelines call for. For instance, your new guidelines would prevent you from purchasing any new con- vertible bonds, but allow you to buy in at lower quantity common stocks from the same companies. Totally illogical. The final issue that we would like to address ourselves to is largely a legal point, but one of great importance, and I would like to turn the floor over to Mr. Gordon to handle that. Thank you. Thank you, Mr. Mason. Thank you, your Honor, Members of the Council, I appreciate very much for your time to ad- dress you this evening. I have just two points to make to you. Would you give us your name, please? My name is Allen Gordon. I'm a practicing lawyer. My office is in Los Angeles, Cali- fornia. I am not a member of the bar in the State of Colorado. I have represented and provided legal advice to William Mason and Company for the past three or four years. My practice specializes in federal securities laws and regulations; and I have personal familiarity with the investment business. There are two established principals of the Securities Exchange Commission that I think are in question here. One is that they have set in writing that it is fradulent per se for any investment advisor to represent as investment management results, numerical statistical studies that are purely hypo- thetical. And what that means is, if you've • I • • - • • ( ( • September 4, 1979 Page 11 • • • been managing assets over a period of time you can show what the actual results were that were achieved in the actual management of those assets if you don't do it in a selective and improper way picking out only the accounts that did well and eliminating the accounts that did badly, but represent- ing accurately the actual results over all accounts over time. But what you can't do is to look back hypothetically and say that if over the last ten years some program which was not actually in . effect had been followed here are the results that would have been achieved. The SEC has said that that is simply fradulent and the reason is perfectly clear. Anyone can look backwards over time and see where the stock market hits its tops and where it hit its bottoms, and say, well, if we had sold out at the top and if we had bought back at the bottom, here's what the results would have been on a thousand dollars that had been invested in that fashion over ten years. But, of course, nobody has the ability to do that, starting from today and working forward into the future because nobody knows in advance where the tops and bottoms will be. That's one point. The second point is that the Congress at the recommendation of the Securities Exchange Com- mission recently amended the statute to make a distinction in law between a registered in- vestment advisor and investment counseling firm. Any firm that publishes investment re- ports must register with the SEC as an invest- ment advisor. Many people have been led to feel that if a firm was registered with the Commission as an investment advisor, it must be reliable, experienced and knowledgeable. When in fact, all the statute requires is no- tice to the SEC that you are engaged in this line of business. So a distinction was writ- ten into the law and it says it's unlawful to represent that you are an investment counsel- ing firm unless the substantial character of your business is to provide discretionary in- vestment management of other people's assets on a continuing basis with regard to the speci- fic investment needs of the accounts under management. If that's what your business is, then it's lawful for you to represent that you're an investment counselor and not other- wise. Your ordinance with respect to the • I • - • • • September 4, 1979 Page 12 • • • management of the assets of your pension and profit sharing plans for your municipal em- ployees, firemen and police officers provides that the boards of trustees may adopt any one of five alternative approaches to the invest- ment management of the assets of these plans. One would be to buy an annuity contract with an insurance company. Another would be to employ a bank. The last of these five is the one that is pertinent this evening. It is very short. I would like to read it to you. It says, "to obtain on an discretionary basis, an investment advisor, licensed as such under the United States Advisor's Act of 1940, which investment advisor is also an investment counsel as defined in said act." I think the meaning of the ordinance is quite clear. One permitted alternative is to employ an invest- ment firm to supervise, actually manage the in- vestment of the assets of these plans. Mr. Mason asked me, on Friday of last week, whether a registered investment advisor whose busi- ness it is to generate buy and sell recom- mendations of switching assets from one mu- tual fund to another based on market-timing judgements when the market has reached its high, sell your common stock mutual fund, put the money in a fixed-dollar mutual fund. Whether that type of business arrangement is the sort of business activity that qualifies to be an investment counseling business. My judgement on the point was .no. It certainly does .not because it does not involve actually determining what securities, what stock and bonds should be bought and when and at what price and why with this particular plan's needs. It's a rather blunt instrument is what it is, in which if you do right, you do very well and when you are wrong, the results are disastrous. I checked that personal legal opinion because this is not a commonly asked question by telephoning the SEC staff in Washington and talking with the current as- sistant director of the divison that adminis- ters this statute, and he said I quite agree with you, Allen, this is not what this statute means when it speaks of an investment coun- seling firm. Your ordinance incorporates by reference the standards of this federal statute. r If this new arrangement that was entered into on the 22nd of August is not in fact an arranage- • D I • - • • • • • September 4, 1979 Page 13 MAYOR TAYLOR: • • • ment with the investment counseling firm to pro- vide management on a discretionary basis to these assets, it does not -it is not authorized by this provision of the ordinance. If it isn't authorized by this provision of the ordinance, it isn't authorized by any provision of this ordinance. And if that's so, the trustees of these plans would not have the benefit of the provision that limits their personal liability if, which I '11 read it very briefly, "and the trustees shall not be liable either as a body or individually for .the making, retention, or sale of any investment as wherein provided". That says to me that if the trustees adopted any one of these five specified modes of manage- ment, the trustees are protected and if they don't, they're not. You know, Mr. Mason was simply not given the opportunity to be present at the meeting when the boards of trustees of these plans at which judgement was made to terminate the services of his firm after five years and employ some other new arrangement. So, of course, we don't have any very exact knowledge of what the new arrangement con- sists of. Obviously, we've been trying to find out. We would much prefer to go for- ward on the basis of accurate and reliable information, but we have to do the best we can and based on what we do know, it appears that the retirement boards have hired a one- year old firm to provide a mutual fund tim- ing switching service. Thank you, gentle- ment, very much. That's concludes my pre- sentation. We thank you for your information. COUNCILMAN SMITH MOVED TO DIRECT TO SEND A LETTER TO EACH CHAIRMAN OF THE BOARDS OF EACH ONE OF THE PENSION PLANS DI- RECTING THAT A COPY OF THE CONTRACT WITH R. M. LEARY BE FORWARDED TO COUNCIL FOR ITS PERSUAL AND FOR THE REVIEW OF THE CITY ATTORNEY. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Williams, Smith, Harper, Clayton, Taylor. None. Council Member Giseburt • I • - • • • September 4 , 1979 Page 14 Absent : • • • Council Member Mann. Mayor Taylor stated according to the Charter a council member can not abstain from voting unless the motion affects the member personally. Upon a call of the roll, the revote resulted as follows : Ayes : Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Rays: Rone. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * Mr. A. E. Pezoldt, 1215 North Bonfoy Avenue, Colorado Springs, appeared before Council and discussed the relocation of a fire station on property he presently owns. Mr. Pezoldt stated he was unaware of the City's decision to move the fire station and stated he had plans to develop the property for his personal benefit. Councilman Smith stated the City staff had sent him nu- merous letters concerning the relocation and received no reply. There was some question of where his (Mr. Pezoldt) permanent ad- dress was until it was finally determined to be in Colorado Springs. * * * * * * Mayor Taylor asked if there were any other visitors in the audience wishing to speak to Council. No one replied. * * * * * * Mayor Taylor declared a recess at 8:30 p.m. The Council reconvened at 8:45 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Absent : Council Member Mann. The Mayor declared a quorum present. * * * * * * I • • - • • • • September 4, 1979 Page 15 • • • "Co-.unications -No Action RecoliiDended" on the agenda were received: (a) Minutes of the Water and Sewer Board regular meeting of July 24, 1979. (b) Minutes of the Englewood Downtown Development Authority regular meeting of August 22, 1979. (c) Minutes of the Election ColiiDission meeting of August 29, 1979. (d) Financial Report from January 1, 1979 through July 31, 1979. * * * * * * There were no "Communications -Action ReceoliiDended" on the agenda. ORDINANCE NO. 39 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 40 INTRODUCED BY COUNCILMAN CLAYl'OH 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 K>VED TO PASS COUNCIL BILL NO. 40, SERIES OF 1979 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Hays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Hone. Council Kember Mann. The Mayor declared the motion carried. RESOLUTION NO. 34 SERIES OF 1979 * * * * * * A RESOLUTION APPROVING THE APPLICATION OF COLORADO PIZZA CORPORATION, I . - t t • September 4, 1979 Page 16 • • • DOING BUSINESS AS HR. GATTI'S, FOR A RETAIL 3.2% BEVERAGE LICENSE FOR CONSUMPTION ON THE PREMISES TO BE LOCATED AT 225 EAST JEFFERSON AVENUE, ENGLEWOOD, COLORADO. City Attorney Berardini stated the above matter involves the estate of Mr. John Merchison. Mr. Berardini stated the City has received letters from the corporation's attorney containing information that the co-executors of the estate have been assigned and are the wife and son. Mr. Berardini informed the Council that a similar 3.2% license was issued to the Colorado Pizza Corporation doing business as Mr. Gatti's in Arapahoe County and the State Liquor License De- partment found no objection to the issuance. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 34, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. RESOLUTION NO. 35 SERIES OF 1979 * * * * * * A RESOLUTION ORDERING A MUNICIPAL RECALL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 1979; CANCELLING THE RECALL ELECTION PRE- VIOUSLY ORDERED FOR SEPTEMBER 18, 1979 BY RESOLUTION NO. 30, SERIES OF 1979. City Attorney Berardini transmitted a "Certificate of Sufficiency" submitted by the City Clerk relative to the recall petition and setting a date for the recall election. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 35, SERIES OF 1979. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Giseburt, Smith, Harper, Clayton, Taylor. Council Member Williams • • I . • - • • I I - • September 4, 1979 Page 17 Absent: • • • Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO PASS A PROCLAMATION DECLARING SEPTEMBER 8, 1979, AS NATIONAL CANCER DAY. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent : Council Member Mann. The Mayor declared the motion carried. * * * * * * City Attorney Berardini stated he was in the process of researching the request by Councilman Smith for a possible amend- ment to the uniform traffic code with reference to turning move- ments over double yellow lines. Hr. Berardini stated he had done some preliminary work with Captain Hull of the Englewood Police Department and requested additional time until the next regular Council meeting in order to be able to present a full report. Councilman Smith stated the report did not have to be submitted until all the proper research had been done. * * * * * * COUNCILMAN CLAYTON MOVED TO SET A PREBUDGET PUBLIC HEAR- ING ON SEPTEMBER 17, 1979, AT 7:55P.M. AND TO SET THE PUBLIC HEAR- ING ON PROPOSED USES ON REVENUE SHARING FUNDS FOR 1980 ON SEPTEMBER 17, 1979, AT 8:00P.M. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * • I • • - • • • September 4, 1979 Page 18 • • • City Manager McCown reminded Council that on Saturday, September 8, 1979, will be a seminar for elected officials on cable television. Mr. McCown stated for those council members who wanted to attend to let his secretary, Pat Humphryes, know so . reservations can be made. * * * * * * City Manager McCown called attention to the new zoning map in the Council Chambers. Mr. McCown stated it was put to- gether by Mark Barber of the Community Department. MAYOR TAYLOR K>VED THAT A LETTER OF CO!tiENDATION BE SENT TO HR. MARK BARBER. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor made comments on the new Court/Council faci- lity; and requested that the air conditioning be checked and that Council consider the possibility of changing the bench seating since they appear to be unsatisfactory to some people. Councilman Smith suggested that the backs of the benches be replaced with wider boards. * * * * * * Mr. James Keller, Executive Director of the Englewood Downtown Development Authority, appeared before Council. Mr • Keller suggested that the benches be switched with the chairs and the benches then be used in the overflow reserve seating. Mr. Keller gave a report on the Authority's concerted effort to re-establish some type of downtown type of business association. Mr. Keller also reported that the Public Service wants to set up a meeting on the purchase of the building and parking lot. * * * * * * • I • • - - September 4, 1979 Page 19 • • • COUNCILMAN WILLIAMS MOVED TO DONATE $15,000 TO THE ENGLEWOOD HIGH SCHOOL BAND FOR THE ROSE BOWL PARADA IN PASADENA, CALIFORNIA. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Taylor Ay~s: Nays: Absent: Council Members Williams, Smith, Harper, Clayton, Taylor. Council Member Giseburt. Council Member Mann. 'lbe Mayor declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE MEETING. adjourned the oeeti~ 9 ,1~ p.~it~~ D~erk Mayor I . • - - • r-• • • • 2 A C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM September 17. 1979 Visitors INITIATED BY CitY Clerk SUBJE'CT-Retail liquor Store license. 701 W. Hampden (King Sooper Bldg.) ACTION PROPOSED Set publfc hearing date and define neighborhood for petitioning purposes. INTRODUCTION: KPL, Inc. is firm organized to apply for a retail liquor store license to be located in Cinderella City Complex, on the west side of King ~ Soopers. BACKGROUND: CONCLUSION: • KPL, Inc has .ade formal application to the City for a retail lfquor store lfcense. A background investigation has been been COIIPleted on tht! officers of the fir~~, Arnold Ki.,.l, President/Treasurer, Hannah Zipper, Secretary. and Ja~~es Taylor, Director. Other necessary docs.ents have been sub- mitted. City Council should receive the application and set a date for a public hearing. In addition, the neighborhood should be defined for petitioning purposes . I . - c c • • • : _i,,. STATEOFCOLORADO DO NOT WRITE IN THIS SI'ACE - -DEPAIIlWNT 01' REVENUE Allft.ICAnOI FOR A LIGUOR LICE- 111is -'~-.. flletl wlrlt riW ~,..,.,&f ... Dll1b/oll, s.. o.nol ~· Build,, 1375 ~ s-r. ,.,_, ~ •211, N/etllroM (JOJJ IB-JUI. No 1- wlllk -ted 11t1ti/IIN _,arlotl,. ,_, __.t by riM ...._. Lillrel"' ~- ....,-ANT: CHECK THE N'MOPRIATE lOX FOR THE TYPE Of LICENIEIII.ING ~LIED FOR. THIS IS AN ORIGINAL ""'LICAT10N AND A COfiiV MUST IE KEPT IN YOUR FILES FOR REFERENCE WHEN ..... LYING FOR RENEWAL LICENIII . • RITAIL LIQUOR .,.ORI LIC. ... -City § RITAIL LIQUOR nGRI UC.--COunty LIQUOR UC. ... O DRUG nORI -City LIQUOR LIC8 ... 0 DRUG nORI -COunty UIR a WI ... LIC. ... --CLIIII LIC. ... ~ LIMiftO WINIRY LICINIIE WINIRY LIC. ... ItO.--RequlrMI WHOLUALI UIR LICINU• WHOLUALI LIQUOR LIC. 1110.-·-R-lrMI OISTILLIRY LIC.-1110.----1 IIIIIWIIIIY CUIRI LIC.NIIE I 21.00 I 210.00 I 101.00 11-.00 11-.00 11-.00 I 210.00 • 210.00 ~ UIR ...... ~-Cit¥ HOTIL a RaTAURANT LIC. -City a c-ty TAVI-LIC8--C1W a- RAC.TRACKLIC8 ... 1177.10 J2U.IO 1177.10 Aa.IO I1- SD7.10 1110.00 1301.11 1301.21 1301.21 1110.00 ~ RICTII'IIR LICI-1110.--R--1 1-TIIII .. LIC.- I'UIILIC TRA._.,..TAT10N LICE--...... 21.00 c-.-.-) ARTI uca ... 1M IIIIIMJ/flr«<,.., IIIMts Wl'iatllwt foro fttft I~ os ~ ._, ...., tire pnwiskJm of Tltfe 1 ~ Arrick 47, CRS 1973 OS~ 01111 for llr« ,_,_ IIIMts tire fol/owlnfl-.n to tire quatlotrs COIIr.itr«J hi this opp/lcrlt/011. E~ app//albk question lftiiSt br __.. Any '*-M ,.,._,., flllllk by tire opp/lctlnt consttrum perjury Olld the person mt1ltlng such ,.. ,.,_, 11111/«ts.,. //come IDII«< ,.,., to ~WWJCtltlon. -. ALL..._. IIIUIT-PRINTED IN INK OR T\'PaiiiiTTDI laciol Securkv No.----------1. ...... of """'-"Ill: _ _,~l~o.-..~P~:.o.I.., ....... _.Ic.cN11f'~.o.. __________________________ _ ~ ~~---: ---------------------------------------...,_ T....,._: 212/489-8200 3 . ,.._of .......... ...._.,~~ o~,..-_ .. ,_.G ... _.., ............. IIOIIillle. If ...... to lie.._... II.._... In •-or.-dlllrlcl....,. It II~ 1p .... eoPI..,. ~ ...... 101 811ldlllociUiuml!er "'_,of-....,. lo-_...-• ....,, Space ltS-2815, Ctnaereu.a C1ty 5b0pp1ng ~ter 701 West lla!pden, Englewood, Colorado 4. City or-= Englewood ZIIICade : c:..My :....IIAr~011Pilo08ollhllo.oea;. _______ Cillo . .... ,..,.,...,.., 65 West 55th St., New York. N.Y. ZiP Code: 1001 9 5. Doyou-..... ..-,or~~oe..,-torwhioh_....,._tar_io_?Dvu ONO 1. Are thl ....... 0 OWNED J3[RENT.D 1 If.._..., fJa1n Wham : Capitol I) 1 j a nee Corp 7. 11 ....,._ .. ,or ... ..,._. of 1M_.... -Ill of 1ho Unltld .._, II YU 0 NO .. •• 10. ................... ~ ............ c.-No. It 1ho _._.,,or-of ..,. ~or offlcllrL ............. • «...,_.of l8id ....,._ (If • -1101ationl «.,...._of-"""' -1ho111of-.--? 0 va XI NO -1ho ......-.or-of..,...,_. or.,......~· or...,_. of l8id """''-"(If • --~-...., _......of• artiMin ... _.,~or ....... ? 0 YD JCI HO .,_ .. __ full ...... :--------------------------------- -1ho """''-"·or-of 1ho .,.._.or oftlaerl, ...,_.«_..,.,., .. of l8id """'lcant (If • caoparationl-: lal ........ led el..._-IIIia IIquor ... ? 0 YD ;&] HO lbl lied Ml eloohollc ...... ..__ _.... « ,_._., 0 YD EJ HO .,_._........,..,.,., ----lf~l : ------------------------ 11 . ...,.,._..,......._,..,._.,. .... Liquor .._.,.._Cada? Ovu EIHO .,_ .. _ ............ ,... ............. , -----------------------------.... u...No. ________________________________________________________________ ___ • I • - • • • • • 12 . Ooyou ho ... ~--TuAccountl 0VES IDNO lf-ilyeo,p-No. ------------ 13. Do you or ony-of your -ty-a fiiWICial in-in anv -liqu« -1 0 VO Ill NO (Such interest rywy incluclo anv oquity in-or loan.l 14. 15. 16. It tha-ilveo • ....-n indet8il : --------------------------------- o-anv -... firm or---·~-.--.... -or-"Y_.. ...... --........ ichthio-io .._nd7 U VES Ia NO llthean-isyeo,IUitathe_, ___ tof-fiiWIOial.__ ......... ....,iol .... or.....,._ol_, __ in-· ~.furniture, fixtu--oquipnwot. CUll_.-if -vi: Lilttha---.of Ill-in ..,ichanv of tha-in the..,_........,_..__.._ CUll---if -vi: NMM ..,_ Moha See Separate Attachmen~t~s~----------------------------------------- Ara thaaa ...-'-'I wit!Lin 100-of anv ...--.piod II¥ a public ar ....-.. odoool, or tha principii-of any col ..... -· oity or -..v7 0 VO Ill NO lf .... ioyeo,__..: __________________________________________ __ 17 . Ooyou-•Drue-.~-bv'the~&-.ao.tlof"'--1 Ovn (ZNO U..No. 11. Ara you or do you eoftiiiO¥ a~ "'*-iot in tha liMa of ~l 0 VES II NO If yeo, ... U.. No. ------- 19. IF T-. APPLICANT. M INDIVIDUAL. .--1111ME I'OLLCMIIIIG: lal GM the -·-Cincludinl city I --o1 birth of tha -''-"' -of AHI'-'t ,_ Addras • Ory Cbl II........, of tha --• ·• not tha _.icant,-t11a fol._,., ,..,_of,._, -Addrfts • Ory 20. IF THE AI'I'UCANT • A PAIIITNEIIIIHIP, .--.111 THE FOLLOIIIIIIG: lal GM tha -·-Cincludlngcltyl--of birth of eoc:11 ...,_·----if -1: -of,..,_ #*'-Adtlrus & Ory Cbl GM tha -·-C-,.cityl--of birth of the-: NMMof~r Hom.Addnss&Ory Ccl _did_-'_...... lnCIIPt-..-wifa-"*"'ipl _ _,. __ , --------------(Submit.-of ... """"*""" -llllhh thio ---·· 2 1. IF T-. APPLICANT. A c:o..altATION, .--.111 THI FOLLCIIIING : Cal ~ion •......--.,. _., theS..of Colora4o o.: June 20, 19)9 Cbl Principal -io conducted at __ .....,slle;ue;;...,~;~o...,OO.a.~.vll.lile.._ ____ • County of -------·--of------- 1c1 Doleoftdintlatt--•-'tothalacnwvofs••: Keu (:GI'p = none filed yet lcll Lilt the-·--finclucli .. city I--of blnh for .... of tha .,_.,iliad bllow: -o/Offl- Arnold Kimmel ~~. ---------------#*'-Adtltfts & Oty 0... ollllnlt Hoffstot Lane, Sanda Point NY 1/27/26 Tr.....,•• Arnold Kj mm e l " • 1 /27/26 I i ~·· Hannah Zipper 155 E. 76th St., NY, NY 10/23/39 • • '· I • • • - ( • • • . ·.~r ~ ' #...; ~; .. l!l 22. 23. :M. ,._of StoclfholtiH -Address • City ~Ar~n~o~l~d~K~'•PP.ue~l~ __________ Boffstot Laoe. "Stoclt Sands Poipt 1001 If) Uot • ..._ln.,._...... C~on--ll.clf-v .l O.tt of IJrrh 1/27126 '*-of oncror -AtldNu • City O.t• of 1/rth Arnold Ki!!el Boffstot Lao'· Sands Poipt. N.Y. l/27/26 Hannah Zipper 155 E. 76th St., N.Y. lnn1/'IQ James Taylor l5~~jfi ll/26/34 _clld _____ .n...,. ... ......_, a.a.___~,_______=-!,&!~ "--... ,_ ,..._, Cfpful AJJ1ere r, OM.,._.,.._,_...........,....._....,_...., foryaur...-lflaltioni....Sdollnbility •••--_.,.,..,_,..,. _, __ ._..._ ..... ,_of.,__ Stephen Mann Samuel Perelson Addrns (lndlldo city, ,_-zip) 488 Madison Ave., NYC 10022 488 Madison Ave., NJC lC022 Rgward 1.4-tor 77 -~er St • NYC 1 nons Lilt ..._,_...,._.,aolllllor_-for ... -v-oiUoa-ll.c If -v.) F1mt ,_ • AtldNa Your l'oshloll 0... ~yod Arnold lt..el, B!q. Self-employed 1973-.. ; Rpppip '*t•pn. Xpq. Bxec y p 1970-73 _.6b11111:a.r.~~ah111111i1•.:--..,.•'...Jrc~o~.~ ..... ~.....~l.,.2ro;O"-BWy1111uu.~NXI.ir.lc--Asgt. •x•s. 1 CJfit-7o Over 10 years Oyer 10 years A }Ce•rp ' II' lMII MPLJCATi~ISI'OII ACLU. UCIUOII ~. ~~~ G18110111.1MIIOUGM a . Aclolb_•_PIII...,.,.....,._...., .. _.,.. .... ...,_._....,,..._.,....s......,.__._..,_._palcl_faraperiodofet ....... -. ........... for,..._.. ........... -....... _.. ......... ., ,_,, __ ...., ..... objactl.,_._,_...,,_,.., ................... or ....... -.lllll-fw--.,yllin,....S ... _.., .................... .,Icli ......... IO ......... Ntlo,aclolb-_lla:::c;'"'*' .......... ........,.,.......,...,_ •lodlaor.--ofa _..... orllll•t'Gn,..,lcli ._ __ aolaly for tlia objactlof • Sl8lrillllc ... . ...... ·•Ill hUIIJ I or IDCI!fty,llut-for --.,y ..... . a ... .,._..,......._.,,.,..............,., _ _.lllani.......,.Witlitliaoflicahalclof--: ,_of atrker HotfN Atldras • City Offlc• 28. .....llla_and ,......_., .. ..._or_of_..Sicani-IIMion.IUoa --If _,.1 27 . 21. '*-of OlrtctrN/ TrvsiN -Atldrns • City o.to of 1/rth !!J":u-'B:o ..--__. _, fw • --· _..., ,_...., Plliriollc.IIOIItlaal• Mliletlc-and-for --.,y 11in1 ... .................. --.----. ............... _.....,.,_... . .,., ... -.,_·OIIiar _......lllldl' orin _____ __., 28. ... ........... IMIMion ... '"paid ·-___,. "'-----......,, ------------------------- 30. ..... ....... --,__....,., _..,.., ---.... _....,..,, ---------------------------------- 3 1. 32. • How lOIII ... -'klan~ ..... ~-.. ..__ ...... , ------------------------------------------ Ooaa..., dlalillary • ..._or.._.,, .-,.y or..........,._..., cliNct or ......._ fllwicial ,_ In lila bull-for~ dilll ..SIIlallon forl_ll_.1 Ova DNO · ., .... Ill.,...~, ------------------------------------------------------------------ • I • - • • • • • IF TH E APPLICANT II A MANUFACTURER OR WHOLEIALIR, AJIIIIIR OUEITIONIII THROUGH a 33. Since -doto hel -'icont occupod promi• to belanotcl1 3<1 . Doet opp licontoOWI ,-ot -roto ony--01 _.., plent in -ion with ltl--1 0 YU 0 NO 11 -il v•.llht -ilo: 35. 38. 37. o-tho _.icont Cor ony of tho....-.. offlaorl, -.-. I,....,. of-_._,_ eny ~~-or lndiNct ~ lnWeltln the --of lllll,.ll'ltlt, vi.-. or oplritowl~ • ,...1 lJ YU []NO ~the -'icent Cot ony of the....-.. off!l!n • ..._ ot I I P .... o of-_._,_ 811Y in-In 811Y odllr w!Mrv.l!r-v. diatlllory 01 ony rot81111quor lltllbl-1 [] va [] NO Do ony Ill!"--· olthor diNCtly 01 ~.in....,.. ot In .-n. the prom._ to be ..........., by tho_._ ot ony of the "-1 0 YU [] NO ~--. .-n ownor, --01-in onv--in ony odllr~.!!r-v.!P111Hieryg rw181111quot"'*-.'·- eny dltect or indirect fiNnCiolln-in the-for......., tNo ~for 1-lo lllldo1 [] YU lJ NO lf_lo_ .... -111: 38. To-Col...-,.._doyou I_ID.,ipy--"'*odloo1 ------------------------ 39. Art you tho pr--, IOU,.. of MIIIPIY in tho U.1.1 0 YU 0 NO bol,. by-11r11 duly -.11 tor h~ • .,__-= ... hi 1o the_._._-· or..,. ho 1o (ri*J _ .. P~:.~r;Je::o•ui"d"el:lln~to.... __ _ of thoabo~n.m.r -ion; diet.,. hel 1'8111 the __..,._.ioMion-thM.,. ..._the-......,,_.,. 111--lhinll t11emn .a forthONtrueof hlo-.......,.._ ... _to_,_tooll __ ...,..._...___,by the ... ---of..._ in- lion thoNwlth. .........._._., __ ..__ ....... c p ........ ATTACH lEAL lt-P-L, Inc. My Gt~:!E!.S:, Yclftl N~l26j:;,8ss"i;.l . '"=eo. CCI,tliU.i iilid Iii NN 'CW:O.WU& Commission Expires Mlrch 1 j REPORT AND APPROVAL Of' LOCAL LICINIING AUTHORITY Tho forotolt'l-'---· ..... --thoprom_, _ _........,_...._ofthe_._ ·~.--do-' .......... l icen11 , if~. will-tho_......--~~ of tho~-thedlliNo of the........._,_ .....,.loowhh the....,..._of·Thle 1:1. Artoclo 47, CRS 11173 II--· THEREFORE THII APPLICATION IS HEREIY AI'I'ROVID. Dotodot ---------thlo ----dlyof ----------.A.0.11-. BY :~~~~~~--~--~-~~--~----------­(Mayor, -mon of -d of--,--or--of .-.-...,..p ATTEST :~==~:=~~~~~~~~~~~~~~~~--~---------­ ICierll,-,or --......,._ --oftho-....-ltyJ ""'t~ ~ ~omiMS oro locatod with in a I "-or ci ty, tho-_..... -lc! bo......,. by t11o--clerlt; If in • -.oncy, then by the...,_ of tho _-..:c;r ooumy -•••---the clerk to the llwlonl. If, by.......,_ or...,_, tho loaoll....,. ...-..nty 1o-01111r offlalol 111111...., • ~ ~lc! ....... by-offidoiJ . • • • , I • - - • • • • • • • • COURT HOUSE, INC. CHINS HOME • IEINIQ HOWE HOME • AUIIOIA SHELTEI CAll HOME ATTENTION: HR. ANDY McGOWN City Manager 3400 South Elati Englewood, Colorado Dear Hr. McGown: 3808 WEST PRINCETON CIRCLE DENVER, COLORADO 80236 PHONE 761~756 September 12, 1979 I understand Pete Smythe, president of our Executive Board, spoke with you regarding our present situation. On Saturday evening, Sept~er 8th, CHINS Group Home, located at 3808 West Princeton Circle, Denver, burned quite extensively. We are in the process of refurbishing this ho!De. We are re- questing financial aid fro. you in the a.ount of $5,000. We have 110ved our 12 girls i MO Bernice Hove ao.e, which ia a shelter care, until we can find ..,re suitable te11p0rary bouaiq. We -ed t-porary living quarters for these young WOllen for about 60 days uatil - can rebuild the CHINS Ho.e. We have serviced the Englewood/Littleton (Arapahoe Couaty) area for over nine years providing te.porary and long-tera bo.es for e.otlonally disturbed teenagers, both .. 1e and fe.ale. We intend to keep doin1 this in the future; however, -need help in the present -.rgency situation. For your inforwatlon, we are enclosing a brochure. enclosure AR/sd Any fiDSDCial aid you can give us will be greatly appreciated. Sincerely yours, Anne Robinson Director I • • - • • 4f DATE • • • -1 A C 0 U N C I L C 0 M M U N I C A T I 0 N AGENDA ITEM SUBJECT Special Events License-Beer,Wine,& Liquor St. Louis Church Home and School September 4, 1979 Public Hearing 3301/3310 S. Sherman St. INITIATED BY City Clerk ACTION PROPOSED Public hearing • INTRODUCTION The StLouis CHurch Home and School, 3301/3310 S. Sherman, Englewood, Colorado is holding fts annual fund raising program on October 21,1979 from 12:00 Noon to 8:00 P.M. The organization is requesting that the Englewood Cfty Council, the local licensing authority, recommend the approval of a Special Events Permit to serve beer, wfne, and liquor at this affair. BACKGROUND In recent years the organization has had a yearly fund raising event. City Council and the State of Colorado Liquor Enforcement Division have approved the sale of beer, wine, and liquor at these events in past years. CONCLUSIONS AND RECOMMENDATIONS The City Council should receive the application submitted to the City Clerk's office on August 21, 1979. Council should set a public hearing date in order to comply with the provisions of Title 12, Article 48, Colorado Revised Statutes, 1973 as amended. The earliest date that a public hearing could be held is September 17, 1979. Mary Joan Chik will represent the organization . I . • - • - • SUGGESTED ACTION: I • MOVED BY _________ _ tt\1--SE_C_O_ND_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_---------------- · YES ___ ___.!NO ___ __,ABSENT ______________ _ • • • - • • ORL 439 (RIV. 10n11 STATE OF COLORADO DEPARTMENT OF IEVENUE APPLICATIOI FOR SPECIAL EVEITS PERMIT • • • INSTRUCTIONS : A-all-tions on this -licotion, ,._ 1101 the -ovol of your IOQIIicenlinl .. -ity 1-1111 -~ -oleo the -ovol of your Colo· redo liquor onf__,t offimr. TlWI meil this completed -licotion with pr- f" to the Colorldo DlpertJNnt of R-. Sta,. Clpitol Annex Bu lldi"'l. 13711 -...., S,_,, c.-. Colorldo, 102111. T ............ 13031113e-3741. D o Not Wri te i n Tl.i .. Space LIQUOR ENFORCEMENT OFFICER'S ACTION APPROVEO ----------O.to OISAPPROVEO ----:0.:-:-le----- L.lcen,.. Telephone Number Officer's Slonature NO PERMIT W1LL IE GRANTED UNTIL THIS APPLICATION HAS IE EN API'ROVED IV YOUR LOCAL LICENSING AUTHORITY AND YOUR LIQUOR ENFORCEMENT OFFICER' ColoriCio--= 3.3 a.r-$10.00-*Y; a.r, Wine-Liquor-$2!1.00 per day . Your locol licen si ng .. thority will I-the ..-nt of -r fee . All Amwtfi M us t lk Prinltd i n lnlf or Trerwri ttrn What type of permit are you ..,.,.ying for? 0 3 .2% Beer Ui Beet , Wine and Liquor SehoGl 781-3 6 78 1. Applicant st. Louh Ca~hol k Church __ ·---Telephone Number 2. Trade Name (if any I St Louis Church Hqne and School A$$ociation 3. Addreu _ ... 3LI3,;1ul,.t.,..I;.,.3~3,.1~0L...IIiiSw. ........ S.,hi.Uitur~.<;,.p1a,.p~.-___ City E 0 (1 ''IM 'HtCounty t.n;1bqe Colorado. 4 . Addreu of place to have temporary permit. (EXACT LOCATION OF PREMISES MUST IE GIVEN.I Give street and number if possible . If place is located in a town or rural district where it is impossible to give street and number, the lot and block number or part of section where locaMCI must be given . 33!'\t S Shr:rup iHtl farte!lo Ciephr-a:ttfl S I ipco!g City or Town __ ......=E=:Il::..ia." .::.l..:.P...:W:.:9=:,;fl;:.d~------County Ara uh .. , Colorado. 5 . The EXACT date(sl for which application is being made for permit (no more than two days I : From O.t 21 ' l9:Z9 2 2 · 'lUa•••a to get ., ' lcl7Q W·OO i'ull 0010 Hour O.t•' Hour From to &te Dote Hour Hour 6. Do you have legal possession of the premises for which this application is made? :re• 7. Is applicant organization incorporated under the laM of this state for purposes of a social, fraternal , patriotic, political, or athletic nature, not for pecuniary gain ; or is it a regularly chartered branch, lodge, or chapter of a national organization or society organized for such purposes, being non-profit in nature; or is it a religious or philanthropic institution? [iJ Yes 0 No 8 . If the applicant is an organization incorporated in this state for "non-pecuniary" (non·profitl purposes, answer (al , (bland (cl . (al OrganizedunderthelaMoftheStateof Cil,. Pari•h "JC teuprlt<bate in 1911 lbl Principal business is conducted at _;:;3..;.:'1;.;1.:..'>.;.......:S:;.;•::.-..:S;..:I.:..1 •=r..:.1 ~.:..•=-n"------, County Araphoe lei Complete the following in detail : nn.£ NAME HQ.ME ADDRESS CITY , STATE ltiRTH OAT E PRESIDENT Ket~ltttn Bell ~188 s 01 ht lJiti".Y8[ Ct~~Ja l.':;.'.' ·.·I -- VICE·PRES . AllJ:l Bli•il (174 s. 11 uinq• !)I'I'!Yer, Celt ~,.., , ___ '· -I -.. I TREASURER U••• IJ , 11 ~ ,A 4.172 s. lll 1•• DeiiYer, r,,le !S/1/40 SECRETARY Gayaoll VanBuhh 115fl5 s. Cb 'l!'" La;.eweGd 1 c .. 1/~/46 MANAGER tury Joaa Obi& 3110 :). l)ol••• • t;u,lewe,..d, C ID.t/:?9 /5~ 9 . ~·n"r• Fratl 3d8') s. PeaUae Deo•er Uelo. 9/19/42 Are the existing licensed facolities of IPPiicant organization inc~Qquate for~rving mambers or guest of the organ ization by reason of the nature of the special event which is scheduled? 0 Yes e.J No • • I • - - • • • • • 10. Are the premises for which application is made now licensed under the State Liquor Law o r the 3 .2% Beer Ac t ? 0 Yes Gl No If yes , to whom is the license issued? (.C State License Number 11 . Has any special events permit been issued to you within the current calendar year? 0 Yes ~ No If yes, lor how many days? County of ] ss . STATE OF COLORADO her1eJf r.~e and Ka t,b;y Ia 1 1 , being by me first duly sworn, if fer IIISfl . deposes and says ; that Itt os the apph· cant above named; or that t¥ Preai ·lPu1. of the above n.-<1 corporation ; thatlljttas read the forego ing application .nd tha~ fnows the contents thereof, and that all mattars and things therein set forth are true of ~"o(,n know- ledve. and L~ to conform to all rules and regulations promulgated by the DEPARTMENT OF REVENUE IN ~NNECTION THEREWITH . SIJ8SCRIIIEO AND SWORN TO BEFORE ME THIS I K St. L•uis Chureh Heme ;nd Cor~torlte N1me S4 he •I \(~ .... ,.. 5\). ~} President o r S«ret 1ry ~< ~ : g.f"ft;;;;;J1dl ~ SltNt..,. of Noii<Y Pu lc 19 19 IA'.ta-<1 5U01 MV COMMISSION EXPIRES ,, lklt'a. v 1 INSTRUCTIONS: If the..--located within a city 0< -·the_ .. --ollould be IOIMd by the Mayoo--Clerk . If the premi- -located in.-... -.... _..... ollould ... -.,..~ by the a.-af the._, af County Cornmiooionen-the o .. k fO the Soard. If. by --01' ~.the _l._...,..,_ity 11-othe< official,-ouc:11--ollould be -.,..1 by ouch olficial . REI'OIIT AND APPtiiOVAL OF LOCAL LICE-IIIG AUTMOIIIITY The foregoing application has been examined and the premises, bus iness conducted and c:Nracter of the applicant is satisfactory. and -do report that such permit, if granted, will comply with the provision of Title 12, Article 48, C.R .S. 1973,as amended. Therefore the foregoing application is hereby approved . DATED AT ---------THIS -------- NAME OF TOWN. CITY OR COUNTY BY ATTEST : • DAY OF ----------, A .D . 19 ---• Mayor or Ctt1lrrraan or ao.rd of County Commlu loners ot Tltte of Other Licensing Authority Ctefk or S.Cret.rv or Other Office H11v lne Offlclill SUI of the Llcentl nt Authority I • - • • • • • • ft.~=:r: , ......... ,...~-!~-.11' L t7,fW1, .. • ,.. ........... Clip c._.. ·c~ CltJ Hall, 14M .... -.......... .... . ~ ........... .. ..................... --., ........... CllarWII ................ __ ..,, .............. , .. _, ............ 0.... 11, ,., .. , ................. ...... c.-.. .._._. ..... ........................ -=:: .............. , ... ; a.... ..... c...-. ...... , -1/lr,. ' ¥ .............. ,. .... ,, ........... c....: .... .... .,... ' --..~ ...... 4171 1 =-~.,..~ . .... -... ........... / -L~L-N4, ~ ...... .__ 0 1q .. ==-::· =:r; •' ::n =:; ............ .. . .. . ·-............ .. .. 'b, .............. ., ~ ........ .. ·-==·--=--· tlla Cltr •• •••••••••· ~ ........... .............. ,., ............ . . ..... _....._,...... /·~ •• L ..... ............. I . I • • In - - • • • • i. • 8T. LDUI8 8CHDDL 88D1 aD. •HC.MAN KN.L&WaDD, COLD .. ADa aa110 To Whom It May Conc~rn; Septem~r 11, 19?9 In cc.mpl1•nce with Artic!e 12-48-lOJ, St. Loui~ Home and School makes th1e atatc~ent aa grounds for issuance of special permit 11quur licenst. The event includes carniv~l activities as well as dir.n~r, where wine and beer are served, around 1600 dinners) it is therefore n~cessary to use th~ St. Louis Pa1•ish Center and the school building ~or this event. Cht.iMtoman ot St. Louis Home and School J•mbcree / Ma1•y Jo Ch1k I . - - ' • • • • 3310 SO. SHI:IIMAN 8T. IENGL.I:WOOD, COLORADO 80110 September 11,1979 City of Englewood Englewood, Colorado To Whom it May Concern: The Hollie and School Association of St.Louis School, Englewood, Colorado, is definitely asaqciated with St.Louis School, Englewood, Colorado, and is a~na fide part of the School. As Pastor of St.Louis Church, of which St.Louis School is a part this organization has my permission to use the facil- ities of St.Louis School for the annual Jamboree spo77sor each year forthe benefit of the school. '~-~--vi I • • - (( • • • • • Revised -July 1976 BY-LAWS ARTICLE I -NM-IE ST. LOUIS HOME AND SCHOOL ORGANIZATION ARTICLE II -OBJECTIVES To participate in the joy of bringing our children to a life style based on Christian values and priorities. 0 To be part of a community in which parents and teachers work together in Christian love to provide a climate for the development of spiritually, emotionally and mentally healthy children. To participate in the evolution of human relationships to the goals proclaimed in the teachings of Jesus Christ. ARTICLE Ill -POLICIES This Organization shall respect the established school policies and practices as set forth by pastor and principal. The Co-Ordinator can only make a decision pertaining to or in- volving the Organization with the knowledge and approval of the Board of Managers . · In order to recommend changes or new policies, the Board of Managers must, first submit such changes to the Education Commission. If approved by the Education Commission such changes then must be presented to the Membership for their approval. The Organization may only recommend changes in school policies and practices. The Board of Managers shall have the power to act in emergencies in matters which do not effect general policies of this Organization. ARTICLE IV ~ MEMBERSHIP Faculty, fathers, mothers and guardians of pupils of St. Louis School. ARTICLE V -MANAGEMENT The Board of Managers consist of Pastor, Representative of the Education Commission, Principal, Co-Ordinator, Co-Ordinator elect, Secretary-Treasurer, immediate past Co-Ordinator and all Committee Chairmen. ARTICLE VI -TERM OF OFFICE Section 1 . These Officers are elected for a term of one year, effective at the installation of the May meeting, and serve until I . - • • Section II. Section III. Section IV . Section V. • • • successors are elected and installed. The Co-Ordinator elect shall succeed to Co-Ordinator when term as Co- Ordinator elect has been completed. The Co-Ordinator may not serve more than one consecutive term in office. These persons shall have full responsibility for the business affairs of the Organization, including ap- proval of committee appointments, review of reports, consideration of suggestions concerning school policies, budget and other administrative details. Nominations. The Co-Ordinator shall appoint two Home and School Organization members to serve with the Co- Ordinator elect as nominating committee to secure a slate of proposed officers. Co-Ordinator elect shall serve as chairman with members appointed by April. Additional nominations may be made from the floor at the May meeting preceding election and installation. The approval of the nominee must be secured prior to nomination. Installation takes place at the May meeting (or last meeting) of the school year. Outgoing officers and chairmen must make written reports to Co-Ordinator before May 31st. Voting shall be by ballot where there is more than one nominee, and a majority vote shall elect. If there be but one nominee, and a candidate for any office, election may be by viva-voce vote. In case of a tie, a run-off election shall be held between the two candidates tied. A majority vote determines results. ARTICLE VII -DUTIES OF OFFICERS CO-ORDINATOR Presides at all meetings of members. Countersigns all checks of Organization. Represents Organization at public functions. Delegate to conventions. Per- forms other duties as directed by resolution of Board of Managers. CO-ORDINATOR Co-Ordinator Elect succeeds Co-Ordinator. Acts in all ELECT capacities of Co-Ordinator, in absence of Co-Ordinator. Succeeds to the office of Co-Ordinator, to perform her/his duties. She/he shall oversee and direct ac- tivities of all committees and report on these to the Co-Ordinator . SECRETARY-Secretary: Keeps the minutes of both regular and TREASURER Board of Managers meetings. Treasurer: Is custodian of Organization monies. Deposits monies in bank. Pays out money by check only as voted by the Organization or upon order of I . - - • • • • • the Board of Managers. Keeps records of assets and liabilities for permanent filing. Renders a financial report to the Board of Managers. Is responsible for keeping disbursements within limits of budget. Countersigns checks with Co-Ordinator. Tbe duties of the Secretary and Treasurer may be com- bined and managed by one person. STANDING COMMITTES AND THEIR DUTIES This section will be in Standing Rules. ARTICLE VIII -VOTING BODY At any regular or special meeting, the members present shall con- stitute a quorum. By-Laws may be amended by the affirmative vote of 2/3 of membership present, such votes to be taken one month following submission, in writing, to members of such proposed changes. Stand- ing rules may be changed by 2/3 majority vote of membership present at any meeting providing they are presented in writing prior to meeting. ARTICLE IX -MEETINGS Meetings open to general public, but privilege of holding office, making motions, debating and voting limited to members whose dues have been paid for current year. ARTICLE X -PARLIAMENTARY AUTHORITY Robert's Rules of Order. Revised, govern this Organization in all cases to which they are applicable. • I . • - (( • • • • • • STANDING RULES 1. Three meetings will be held each year, one in fall, one at mid- term and one in the spring. At the spring meeting Election of ·Officers and Installation will be held. The meetings may precede regularly scheduled school functions. The Co-Ordinator may call additional meetings when necessary. 2. Board meetings shall be held in June following Installation, prior to each open membership meeting and every alternate month where regular meetings are not scheduled. Also, on call by Co-Ordinator. Meetings shall be open to all but the right to speak must be granted in advance by Co-Ordinator. 3. The meeting agenda order: call to order, open prayer, reading of minutes, report from Secretary and/or Treasurer, committee reports, old business, new business, announcements, roll call, program, closing prayer and refreshments. 4. Expenses of the officer's, Principal and Pastor to luncheons, when representing Organization shall be paid by Home and School Organization. 5. Membership Dues --$2.00 per family, per year. 6. $25.00 shall be budgeted for a gift from the Organization to the out-going Co-Ordinators, as token of appreciation. 7. With ·approval of Co-Ordinator, Treasurer signs checks up to amount of $25.00 for emergencies without prior approval of membership. 8. $50.00 budgeted for Liturgical Expenses. Monies may be used for flowers or Masses in case of prolonged illness or death of teachers, priests or officers. Each year two Masses shall be offered for vocations, one Mass shall be offered for deceased members. 9. $200.00 budgeted for celebration of Christmas Party for students. 10. The amount of $500.00 shall be left in Treasury for following years budget . 11. $10.00 for Pastor and $90.00 to provide token Christmas gifts for teachers, school secretary, custodians, coaches and cafeteria workers. This amount may be used as cash or gifts at the dis- cretion of each administration. 12. Attendance prize of $5.00 shall be awarded to teacher having most mothers present at Home and School Organization meetings and a prize of $5.00 to teacher having most fathers present at meetings. In case of tie, awards shall be split . I • - ( • • • • • • STANDING RULES Page Two 13. A minimum of $200.00 per year shall be budgeted for repair o f old and purchase of new books for school library. Bills to be sent to and paid from the rectory, and reimbursed from Home and School Organization. 14. ·Treasury balance to the Parish may not be turned over prior to closing and auditing of books. Said auditing must be accomplished on or before June 15t:h. 15. 7th Grade students and parents shall be responsible for honoring 8th Graders at graduation. 16. By-Laws and Standing Rules shall be reviewed once a year and any recommended changes be submitted according to Article VIII of By-Laws. 17. Committee Chairmen and their duties: AUDIT. (Consist of three members) Audit books of Treasurer and/ or Secretary. Is appointed by outgoing Co-Ordinator when books are closed for year. (See Standing Rule #14) BUS CHAIRMAN. Liaison between parents and bus company. Res- ponsible for letting parents know when bus will be late. Attends meetings called between St. Louis and bus company. • HEALTH CHAIRMAN. Keeps health records of students. Aids school nurse with eye-ear tests. Furnish inoculation blanks to students; generally cooperate in Tri-County Health programs for students. HOSPITALITY AND MEMBERSHIP CHAIRMAN. Chairman is immediate past Co-Ordinator. Provides greeters and name tags at each regular meeting and takes roll call. Assists at Open House. JAMBOREE CHAI~~-Jamboree is only authorized money-making project . of Organization. Jamboree chairman oversees all committees of jamboree including dinner, raffle, advertising booklet, games, booths, and dance. All recommendations or changes shall be sub- mitted to board for their approval prior to deed. (Treasurer and Room mothers are members of this committee) . PUBLICITY AND HISTORIAN CHAIRMAN. Is responsible for getting news of Organization to Catholic Register, area newspapers, surrounding parishes, radio, TV announcements, notifying Rectory of news to be included in Bulletin and school secretary of news to be in- serted in news notes. The Chairman is also Historian, whose duties are keeping permanent Scrap Book of Organization memorabilia. ROOM MOTHERS CllUIU1AN . This Chairman obtains Hostesses for meetings, receptions and school festivities, secures room mothers from each grade, keeps them advised of their duties, and other needs of assistance, including telephone communicators . I • - - ( c • • • • • Page Three STANDING RULES UNIFORM CHAIRMAN. Disseminate information regarding purchases of uniforms. Mike available patterns for each size uniform. Facilitate the exchange and sale of used uniforms. Acts as liaison between manufacturing company and Home and School _Organization. NOMINATING. See Section III of By-Laws. School Directory Chairman. Whose duties are to coordinate Home and School Oiganlzatlon portion of Parish Directory along with Alter and Rosary Chairman. ~: Committee Chairmen appointed by Co-Ordinator with approval of Board of Managers. Each Chairman selects Vice Chairman who succeeds her in office, barring election to office in organization. Co-Ordinator may appoint special committees as needed for projects. Each Chairman must make final report of each activity sponsored by her committee to Co-Ordinator by May 31st. · I . • ( • • • 4 s~ C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM September 4, 1979 Public Hearing SUBJECT-Special Events License-Beer,Wine,Lfquor Engle.ood Volunteer Fire DepartMent for 701 W. HaMPden (Cinderella City-Blue Mall) INITIATED BY tfey Clerk ACTION PROPOSED fubltc hearing , • INTRODUCTION The Englewood Volunteer Fire Department (EVFO) is holding its annual Firemen's Ball on September 22, 1979 (8:30P.M.) to September 23, 1979 (1:00 A.M .) at 701 W. Hampden Ave., Englewood, COlorado (Cinderella City-Blue Mall) The EVFD is requesting that the Englewood City Council, the local licensing authority, recommend approval of a Special Events Permit to serve beer, wine, and liquor at this affair. BACKGROUND In order to raise money for its operation the EVFD has a Firemen's Ball each year. In recent years they have been holding the event in the Blue Mall of Cinderella City. The Englewood City Council and the State of Colorado Liquor Enforcement Division has approved the sale of beer, wine, and liquor at these functions in past years. CONCLUSIONS AND RECCM£NDATIONS The City Council should receive the application submitted to the City Clerk's office on August 20, 1979. Council should set a public hearing date in order to comply with the provisions of Title 12, Article 48 of the Colorado State Statutes, 1973 as amended. The earliest date that a public hearing could be held is September 17, 1979 . Douglas T. Sovern or Paul Newport will represent the organization. I . - • • • • • • DRL 431 (Rev. 10n11 STATE OF COLORADO DEPARTMENT OF IEVENUE I APPLICATION FOR SPECIAL EVENTS PERMIT Do Not Write in Tnl s Sp•c• LIQUOR ENFORCEMENT OFFICER "S ACTION A""ROVED -----------O.to DISA,.,.ROVED ----::0.:-t:-o----- INSTRUCTIONS : A-111-iont on this -lication. men got t1>o -ovol of your loc.l lic:enti"t .,_;oy 1-laot -~-oiM> the -ovol of your Colo· rMio liquor onf.........,t offioor. Then meil thil campletMI-Iicotion with~ 1w to the Colooedo o.er-t of "-· s-Cop;tol A ..... Buildi"t. 1375 51w...., St.-t, O.W., Coloredo,IO:II1. T....,._ 130318»-3741 . L.lcensee Tetephone Number Offl~'t SlgNture NO 'ERMIT WILL IE GRANTED UNTIL THIS Al'f'LICATION HAS IEEN ""'ROVED IV YOUR LOCAL LICENSING AUTHORITY AND YOUR LIQUOR ENFORCEMENT OFFICER' Coloredo--: 3.ft--110.00-cloy ; -·Wine-Liquor-125.00-cloy . Your loco! licon&i"t .. thorioy will-the-of-.... All Answt'rs Must B! Print~d in In/It or TYDf..,.ittrn What type of permit are you applying for? 0 3.2% Beer 00 Beer, Wine and Liquor 1. Applicant Englewood Volunteer Fire Department TelephoneNumber 781-3879 or 794-4507 2. Trade Nametif any)_..:N~I..:.A:.._ _____________________________ _ 3. Address __ 5;o.9.,o.._.,E_ ... o~uu.l..,n,.,c:o~v'-"Auv11e..._ _____ _ City Englewood County Araoahoe Colorado. 4 . Address of place to have temporary permit. IEXACT LOCATION OF PREMISES MUST BE GIVEN .I Give street and number if possible . 5. If place is located in a town or rural district where it is impossible to give street and number, the lot and block number or part of section where located must be given. · 70 I W Hampden Aye (Cjnderella City-Blue Mall) City or Town ~E~n~g~-l~pwood~~---------County -~A~r~a~p~a~h~oe~---------Colorado. The EXACT datetsl for which appliaotion is bein!UQade.Mr.Permit tno more than two days): . . r.~o ~~ ... From Sep ...... r 22 0 1979 ,.. p m to _..,Se...,pu.t.,emhe-""'!r~2;.,;)..__.1o..;;9a..1o..;;9a----~J ~·QO~_.a.....,m....._ __ _ . · ~ Hour Date Hour From--------~01~,.~------------H~-~.--------t0----------~01~,~.~------------~H~oo~r------------- 6 . Do you have legal possession of the premises for which this appliaotion is made? -..J..t16--------------- 1 . Is applicant organization incorporated under the laws of this state for purposes of a social, fraternal, patriotic, politiaol, or athletic nature, not for pecuniary gain; or is it a regularly chartered branch, lodge, or chapter of a national organization or society organized for such purposes, being non-profit in nature; or is it a religious or philanthropic institution? B. 9 . • CXJ Yes 0 No If the applicant is an organization incorporated in this state for "non-pecuniary" tnon-profitl purposes ,ans-r tal, (bland (c). tal Organized under the laws of the State of _ _,C::.:o::..l:..:o:rr,.a:;do=---------Date 1908 tbl Principal business is conducted at 590 E. Quincy Ave, Englewood ,County Arapahoe (cl Complete the following in detail : TITLE NAME HOME ADDRESS CITY lo STATE AIATH DATE PRESIDENT Doualas T. Sovern 2801 So. Ogden Englewood co 3-29-44 VICE-PRES. D, ... .. .,G7la lo ro Fnnl-.nll c.o !l-4-2.!l TREASURER Onnald c:. or 1&71;0 Sn llnan Enal~d CO 6-13-34 SECRETARY fill •ft T~lo. .. ·:11.1. ~ S, Ill~ r I nft F"" I ewnnd. 1:0. A-~n-hA MANAGER Are the existing licensed fatiliti" of applicant organization ind@Quate for serving members or guest of the organization by reason of the nature of the special event which is scheduled? 1iJ Yes 0 No I • - - • • • • 10. Are the premises for which application is made now licensed under the State Liquor law or the 3.2% Beer Act? 0 Yes li!l No If yes, to whom is the license issued? State License Number 11 . Has any special -tl permit been issued to you within the current calendar year? 0 Yes 4J No If yes, for how many days? STATE OF COLORADO County of Ar•p!hoe and Paul Newport cant Mxlwe Nmld; or lhet he is Englewood Volunteer Fire Department , being by me first duly sworn , if fer himself, deposes and says; that he is the apph· Deputy Chief of the above M('ll8d corporation ; that he has read the foregoing 81JP1icetion and that he k-the aM\Mnts thenof, and that ell metten and things therein set forth ere true of his own know· ledge, and he ..,-.as to aMtform to ell rules and regulations promulglt8d by the DEPARTMENT OF REVENUE IN CONNECTION THEREWITH . SUIISCIUKD -D SWOIIN TO KP"ORI!: Ml!: THIS DAV OP" Englewood Volunteer Fire Dept. (Altv.ll 5801) MV CO!I.IMIQION I!:X~IID .A.,u,0~--zl--.....lli,.t..fl----- ~~-:;,~~ President or Secret•rv INSTRucnONS: II ............ _ ........ -I city or-· the----ohoulcl be lignod by the Meyor lftd Clerk . II the---._...in 1 -ty. t11en lllil _..... ohoulcl be lignod by the a.;,_ of the'-'! of County Commillianen-the Clerk to tho lloerd. II , by ordl-.,....,_,the -~-. ....... ity •--off-. then ouch--ohould be lignodby ouch otfic'-1 . RII'ORT AIIID -OVAL OF LOCAL LICENIING AUTHORITY The foregoi"'l application has been examined and the premises , business conducted and character of the applicant is satisfactory, and we do report that such permit, if gr..-.t8d, will comply with the provision of Title 12, Article 48, C.R .S. 1973, as emended . Therefore the foregoi"'lapptication is hereby approved . DATED AT ----------THIS --------- NAME OF TOWN, CITY OR COUNTY BY ATTEST : • DAYOF -----------, A.D. 19 ---• MIIYOf' or Ch•lrman ot Boerd of County CommluiOf'len ot Tit .. of Other L.lcenslnt Autftorlty c•k oo ~ • Ot-om .. Howtne Offlc .. l Seol oltlle L-ne Aut~oriiY I • - • • • • • .. \ • !*"'-·.......a---:..._ .............. ................... ........ ,, 0 .., ..... ,,. ........ Cl1r c:.-1 c ........ c, ..... ,... .................. , c:eJaNIIa, ......... -.. .................... . ,..,.,, ,., ,,. .... ,_ ... ,..,..,... .... DQ -· .. ·---............. .... .... ..,.. .......... ,.,., .. , ....... ,. u .. ''"· .. "' .. " ...... a-.........,, ....... Cllt_..., .,.. .,...., ... _...., , .... , ..... _ .. ....,.,.---. ................... ., ................. .. co .... ~.~-,~ ... .. --:--,• ._ ,:: .,...., " .... 7 7 ... o.-.,,:J....,., .. ......... re41rlra-••• •• tile .:af! =·=-=== 1 ........ IF Jertll er , ......... I ., ... ., .. ..,CUrlaF., \tile Cl'J at lrtlrweelll, ,OeJerrlllll. .......... -:141 .... .... I "'_ ...... .... CllrCRirllo,.._. j , . 1PUaUIMIDI le;Ua'ar 1, '"" . t!:::_••• ......, ___ _ I . - - • • • • CAPITAL ALLIANCE COMPANY (DJ m.- Septeaber 6, 1979 City of Eoalewood 3400 South IUati Englewood, Colorado 80110 Attention: Mr. ADdy McCown City Manager Dear Mr. McCown: f : 1 ,. This letter confirms that Capital Alliance Company will allow the Fire.en's Ball eo..ittee to sell beer, wine and liquor at the annual Fira.en's Ball to be held on Septeaber 22, 1979, from 8:30 p.m . to 1 :00 a.a., in the Blue Room at Cinderella City. Capital Alliance Ca.pany is pleased to offer the use of Cinderella City for this after hours activity, and to be part of the Firemen's Ball Fund Raising event. Best of luck and may this be your moat successful year yet. LM:ct cc: Englewood Merchants, Inc. Mr. Doug Sovem 2801 s. Ogden St Englewood. co 80110 Sincerely, CAPYAL ALLil.ANCE COMPANY . . ;· \{ / ''""'""' ' ( -y , t_ .. ._,• I: ~ 1')j. r_ ' Lefiter Moyer District Manager I • • - I • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION July 17, 1979 I. CALL TO ORDER. 5 A I The regular meeting of the City Planning and Zoning Commission was called to order at 7:10P.M. by Chair .. n Tangu... Meabers present: Draper, Carson, Lathrop, Tanguma, Bilo, Becker, Smith Romans, Acting Ex-officio Meabers absent: Pierson, Williams I I. APPROVAL OF MINUTES. Chairaan Tanguaa stated that Minutes of June 19, 1979, were to be considered for approval. Draper aoved: Lathrop seconded: The Minutes of June 19, 1979, be approved as presented. AYES: Draper, Lathrop, Tangu .. , Becker, Bilo, Carson NAYS: None ABSTAIN: Sai th ABSENT: Pierson, Williams The motion carried. III. CENTENNIAL SOUTH SUBDIVISION West Union Avenue/South Decatur Street. Chairaan Tangu .. asked for the staff report. CASE #14-79 Mrs. Ro .. ns stated that the Comaission has before it the Final Plat of the proposed Centennial South Subdivision. Public Hearing on the Preliminary Plat was held on June 19, 1979, at which tiae the Preliainary Plat was approved by the Commission, and the applicant was directed to prepare the Final Plat in- corporating changes and suggestions made and discussed during the course of the Public Hearing. If the Planning Commission approves the Final Plat, and recom- mends said Final Plat to City Council, the City Council may choose to hold a Public Hearing on the Plat, but it is not required. At such time as the Final Plat is approved by the City Council, it would be recorded in the office of the Arapahoe County Clerk and Recorder. The applicant has pre- sented two signed reprodUcible copies of the Final Plat for purposes of recording. Mrs. Roaans noted that the applicant • I • - I • • • • -2- has included on the Final Plat the changes that were suggested at the Public Hearing, such as the 25 foot easement from the cul-de-sac west to South Decatur Street for the water and sewer line. Mrs. Pierson entered and took her place with the Commission. Mrs. Romans stated that Public Service Company has asked for a 10-foot easement on the south side of the property where it abuts the single-family residential district; this has also been provided by the applicant. Mrs. Romans stated that it appears that the requirements of the Subdivision Regulations have been met by the applicant, and that the Final Plat is in order for approval. Mrs. Romans stated that at the Public Hearing there was some concern voiced over a 14-inch "raw water" line which is shown located in South Decatur Street. This has been checked with the Utility Department and it is a 14-inch treated water line, and is the line that the development will hook onto. As to sanitary sewer service, the applicant was prepared to go before the Valley Sanitation District Board of Directors on July lOth to request sewer service, but was informed that there was no need to do so because the property was already within that district. However, on July 11th, the developer was notified that only the west one-half of the property was in the Valley Sanitation District; the east one-half was not. Mrs. Roaans stated that she has a letter from Ms. Bonnie Brown, the Business Manager of the Valley Sanitation District, and that the Engineering Division has also been in touch with the Valley Sanitation District Engineer; they see no problem with the District providing service to the property. The matter has also been discussed with the City Attorney and Utilities Director, and appears to be under control. Mr . Carson asked if the developer has complied with the sug- gestions from Public Service Coapany on service across Lot #9? Mrs. Romans stated that there will be service available from the street, and no Public Service Company line will cross Lot #9. Mr. Smith asked about the cul-de-sac; whether objections registered by the Fire Department have been resolved. Mrs. Romans pointed out that this cul-de-sac has a 9o-foot radius, which the Fire Department has stated is adequate for turning their equipment. Other cul-de-sacs have been approved through- out the City, most recently in the Timber Lea Planned Develop- ment. She pointed out that this is the first tiae the Fire Departaent has objected to a cul-de-sac in a developaent. Mrs. Romans eapbasized the location of two fire hydrants which will be in the developaent, the fact that the flow of water is adequate, and the fact that the cul-de-sac does have a 9o-foot radius. The Fire Departaent had wanted to see an "L"-shaped street, which aet with objection fro• the Engineering and Traffic Divisions • I • - • • • • • • .. • -3- Mrs. Pierson stated that she did not see that there was a problem with the cul-de-sac; at the very worst, the fire truck would have to be backed out after the fire was extinguished, but there would be adequate access to fight the fire. Mr. Draper stated he understood that the objection was that the Fire Department would prefer to be able to coabat a fire froa both the front and rear of a property. Mrs. Becker questioned this rationale, pointing out other areas in the City that do not have access to both the front and rear of the properties. Mr. Tanguaa asked if there was a fire hydrant on South Decatur Street? Mrs. Roaans stated there is one on South Decatur Street at Tanforan. Mr. Lathrop pointed out there was a cul-de-sac in the 4400 block of South Galapago Street that has an inside radius of 45 feet. Discussion ensued. Carson moved: Lathrop seconded: The Planning Co .. ission approve the Final Plat of the Centennial South Subdivision, Case #14-79, and refer said Final Plat to City Council for review and approval. AYES: Carson, Draper, Lathrop, Pierson, Tanguma, Becker, Bilo NAYS: None ABSTAIN: Saith ABSENT: Williaas The aotion carried. IV. RIGHT-oF-WAY VACATION CASE #17-79 32oo Block South Clarkson Mr. Lathrop stated that he was directly involved in this re- quest, and would remove himself from consideration of this matter, He then left the room during consideration of the request . Mr. Tanguaa asked for the staff report. Mrs. Roaans stated that residents on the west side of South Clarkson Street in the 3200 block have requested that the ex- cess right-of-way be vacated for their use. South Clarkson Street, designated as a Collector north of U.S. 285, has 81.15 feet of right-of-way at East Eastaan Avenue, and 82.25 feet of right-of-way at East Floyd Avenue, South Clarkson Street has been in a Paving District and there are no plans to increase the paving width further, Mrs. Roaans stated that the recoa- mended vacation would be 15 feet at East Eastman Avenue, to widen to 18 feet at East Floyd Avenue. The request was referred to the various City Departaents; no objections have been voiced, but a request was subaitted to aaintain an easement through the vacated right-of-way • • I • - • • • • • • ' ------ -4- The staff recommends that the Planning Commission refer the request to City Council with a favorable recommendation. Mrs. Romans emphasized there would be no physical change in the street or curb and gutter. The adjoining property owners would be able to make use of the vacated right-of-way, but would not be allowed to construct over the vacated right-of-way if the easement is retained. Draper moved: Becker seconded: The Planning Commission recommend to City Council that the excess right-of-way on the west side of the 3200 block South Clarkson Street be vacated, and that an easement be retained to provide access to utility service lines. AYES: Bilo, Carson, Draper, Pierson, Smith, Tanguma, Becker NAYS: None ABSENT: Lathrop, Williams The motion carried. Mr. Lathrop entered and took his seat with the Commission. v. USE NOT MENTIONED CASE #18-79 Relocation of Klode's Auto Service Mr. Tanguma asked for the staff report. Mrs. Romans stated that in 1974, the City Planning and Zoning Commission granted permission to use property at 2650-2676 West Union Avenue as a damage appraisal storage yard for vehicles. The property owner was Mr. and Mrs. Bussard, and the manager of Klode's Auto Service was Mr. Ronald C. Dendorfer. The applicant stated at that time there would be no sales from this lot, and no parts were to be removed from the vehicles for sale at this lot or at another location. The vehicles were to be held at this location until an insurance adjuster had appraised the vehicle . It was felt that this use was different from a typical auto wrecking yard, and the co .. ission put restrictions on the use stating that the lot shall be enclosed on its perimeter with a solid or closed-face opaque vertical wall or fence, minimum height of six feet, maximum height of twelve feet; no advertising sign or poster other than an identification sign would be allowed on the fence or gates to the lot; no sales of the vehicles or of parts of the vehicles should be conducted; no vehicle shall be disasseabled to be used as parts for another vehicle, and no parts shall be sold at another location; no vehicle should be stored longer than 90 days; there should be no more than 175 cars stored on the lot at any one time, and the opaque fencing should be coapleted within 90 days of the time of approval . • I • • - • • • • • ____ \ ___ _ -5- However, this use has proven to be not unlike an auto wrecking yard with the problems that have been experienced: vehicles are dropped off which block the right-of-way, the fencing is in poor repair, and nuaerous coaplaints have been registered about the operation, Mrs. Roaans stated that the owner was told in 1974 that a chain-link with slats woven through would suffice for a closed-face fence, This has proven to be very unsatisfactory, Mrs. Roaans displayed pictures of the existing operation to the Coaaission, and also displayed pictures of the proposed relocation site to the Coaaission. When it was indicated that the applicant wanted to relocate to a larger site to the east of the existing operation, the staff felt that inasauch as the co .. ission had given approval for the operation at a specific address --2650/2676 West Union Avenue, and the operation was approved to be operated by a specific person --that the Coaaission should logically consider the request for relocation. It was not soaething that should be handled adainistratively. Mrs. Roaans reiterated that there have been numerous complaints registered on this operation, and th.tt it has not proven to be a desirable use for this area. She pointed out that West Belleview Avenue will be closed shortly for a several month period, and that West Union Avenue will have to carry an increased load of traffic during this time; vehicles that are dropped off and block the right-of-way would be a hazard and cause severe in- convenience. The staff does not feel that the relocation of the operation should be approved. People in this area are attempting to up- grade their properties, and several have contacted the office to protest the proposal. They feel the City was in error in allowing the operation at 2650/2676 West Union Avenue to begin with. However, if the Comaission does determine that the use should be relocated, the staff would request that restrictions be placed on the operation at the new site: 1. That an on-site enclosed drop station be provided so that vehicles will not be dropped off in the right-of-way. 2. That the perimeter of the property will be enclosed with a solid, non-transparent vertical wall or fence with a minimum height of six (6) feet and a aaximua height of twelve (12) feet measured froa ground level ; said fence shall not be of woven wire or chain link material, or woven wire or chain link interwoven with metal, plastic or wooden slats. Every gate shall be of solid, opaque construction and shall be the same height as the wall or fence , 3, No advertising sign or poster other than that needed to identify the enclosed business shall be on the wall or fence or on any gate or entrance to the business • • l I • - c • • • • -6- 4. No sales of any or all of the vehicles, or any or all of the parts of the vehicles shall be associated with the service and appraisal operation at the subject location . 5. No vehicle shall be disassembled, either partially or wholly, to be used as parts for another vehicle and no vehicle shall be disassembled at this location for parts to be sold at another location . 6. Vehicles shall be stored a maximum of 90 days, and a maximum of 175 vehicles stored on the lot at any one t:Lae. The staff further suggests that if the relocation is approved by the Commission, that the solid fence be installed prior to co .. encement of the operation on the new site. Mrs. Becker asked if this use was permitted in any Zone District in the City? Mrs . Romans stated that it is not set forth as a Permitted Use in the Comprehensive Zoning Ordinance . She pointed out that the I-1 Zone District does permit auto wrecking yards as a Conditional Use; however, there are size limitations on auto wrecking yards in the I-1 District, and the proposed site for relocation would exceed the maximum size allowed . Mr. Smith asked for clarification on the fencing requirements proposed now over what was proposed in 1974? Mrs. Romans stated that in 1974, the Chief Building Official felt that a chain-link fence with interwoven slats served as a "closed-face fence", and it was approved. The person in that position at this time disagrees that it is a "closed-face fence", and would require a "solid" fence or wall of wood, block, concrete or brick material. Mr. Draper asked for clarification of the analysis in the staff report . Mrs . Romans stated that the point made in the staff analysis is that it is the responsibility of the Planning Com- mission to approve, or disapprove, the request for relocation; it cannot be handled administratively. Mr. Draper asked whether the operation could continue at the present site if the request for relocation is denied. Mrs . Romans stated that it is her opinion that they could continue the operation at 2650/2676 West Union A venue . Mr. Tanguma asked if the applicant was present and wished to address the Commission? Mr. Eric R. Dendorfer stated that he and his father are the owners of Klode's Auto Service, and that they have considered and are presently considering several locations for expansion --not only this site at 4607 South Santa Fe Drive. He emphasized that they are interested in several sites, and were not prepared to be on the agenda for this meeting. He stated that they would like an opportunity to review the complaints that have been lodged against their operation . Mr. Dendorfer stated that they I • - • ( • • • • -7- aust consider the cost factors; they have to deteraine if the property could be econoaically used for this purpose. Mr. Dendorfer eaphasized that they are not in the position at this tiae to say that this is the piece of property they want to relocate to. He stated that they were unaware they had been placed on the agenda until they received a copy of the agenda and staff report in yesterday's aail (Monday, July 16th). He stated that they would probably not be ready to appear on a relocation request for at least another 30 days . Saith aoved: Bilo seconded: Case #19-79 be postponed. AYES: Becker, Bilo, Carson, Draper, Lathrop, Pierson, Smith, Tanguaa NAYS: None ABSENT: Williaas. The motion carried. Mr. Dendorfer asked the Commission what they wanted. Mr . Smith recoaaended that Mr. Dendorfer contact Mrs. Romans to review the coaplaints and determine what might be done to reach a solution to the probleas. Mr. Wm. J. Horner stated that he is the property owner at 4607 South Santa Fe Drive; he is opposed to this proposed use, and will attempt to preclude any consideration of this type of use on his property. Mr. Ernest Saucer stated that be owns property on the south side of the proposed site. He stated that he understood that no sale of vehicles or parts was to take place on the existing site, and stated that he understands there are auctions of the vehicles every two weeks or so. He asked if this is correct? Mr. Ronald Dendorfer stated that the insurance coapanies take sealed bids on the vehicles at this location. He eaphasized that many of the vehicles are salvage vehicles, and they do solicit bids but do not sell froa that site . Mr. Saith stated it is his feeling that if someone accepts bids on soaetbing, it is for sale. Under the restrictions imposed on the operation in 1974, there was to be no sale of the vehicles or any parts of the vehicles. He felt this was in violation of the restrictions imposed, and is a point to be discussed with the staff. Mr. Saucer stated that there is an easement across the proposed site, and was wondering if the Messrs. Dendorfer were aware of it? Mr. Dendorfer stated that they are aware of the easement. • I • - • • • • • • ' ~----- -8- VI. DIRECTOR'S CHOICE. Mrs . Romans presented Planning Commission members with copies of the published Comprehensive Plan, which was approved by the Commission on April 24, 1979. She stated there have been no changes in the text of the document, but photographs and sketches have been added. Mrs. Romans stated thE Planning Assistant Barbara Young did most of the photography and all of the sketches; Planning Assistant Mark Barber did the graphics; Gertrude Welty was responsible for the typing, and Mr. Peter Spaeth did the printing of the document. Mrs. Romans noted that the Commission ·had asked for a special meeting to present the document to City Council, and asked if this was still the desire of the Commission? Mr. Bilo stated that he felt the staff was to be commended on the finished Comprehensive Plan document. Discussion ensued. Mrs. Pierson stated that she understood Mr. Jiamy Durante's quote: "Don't put no restrictions on da people. Leave them ta hell alone" was to be included in the document. Further discussion ensued. Pierson moved: Becker seconded: The quote from Mr. Jimmy Durante, "Don't put no restrictions on da people. Leave them ta h---alone," be included on a separate page as an afterword, said quotation to be in 2" letters. Mr. Smith stated that he found this objectionable. He stated that the finished document is a very professional job, and he felt it would be a shame to include something like this quote in this Plan. Mrs. Pierson disagreed; she stated that she did not feel people would be offended by such a quotation. Mr. Lathrop stated that be would agree with Mr. Smith; the staff had done a very beautiful job on the final document, and be did not want to add anything to it, or to take anything from it . The vote was called: AYES: Becker, Bilo, Pierson, Tanguma NAYS: Carson, Draper, Lathrop, Smith ABSENT: Williams Chairman Tanguma declared the motion defeated. Mrs. Romans stated that the Planning Commission had indicated they did not want to meet during the month of August. She asked if they wanted to set a special ~eting with the City Council sometime in August, or perhaps in the latter part of July? • I • • • • • • • -9- Mr. Saitb reviewed the calendar for the City Council for the reaainder of July, and suggested that perhaps the co .. ission would want to aeet with the City Council at the regular meeting of August 6, 1979. Mr. Draper asked for a definition of "collllercial corridors"; be felt this was a new tera that was included in the Plan, and be is not faailiar with it and questioned that anyone else would be. Mrs. ao.&DII stated that the tera "co .. ercial corridors" has been used since the revision of the Plan began, and that it is indeed defined in tbe first sentence of that section of the Plan and aade clear by referring to the Coaaercial Corridor aap. Brief di•cua•ion followed. Discussion on the pre•entation date to City Council was resuaed. Mr. Saitb suggested that perhaps the Ca.aission could be scheduled for pre-scheduled visitors, aake the presentation of the Coaprebensive Plan, and not have to re- aain for the entire aeeting unless they chose to do so. It was the concensus of the Coaaission that this would be the route to follow for the presentation of the Plan. Mr. Tanguaa suggested that letters be sent to the people wbo actively participated on the review coaaittees, inviting thea to the foraal presentation to City Council. Mrs. Roaans stated that she bad nothing else to bring to the co-ission. VII. COMMISSION'S CHOICE. No aeaber of the Coaaission bad any aatter to be discussed under Coaaission•s choice. The aeeting adjourned at 8:30 P. M • I • - • • • • -10- IIEIIORAMOOII TO ntB ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RBCOIIIIBJIDATION OF THE CITY PLANNING AND ZONING COMIIISSION. DATE: July 17, 1979 SUB.JBCT: Centennial South Subdivision -Final Plat Carson .aved: Lathrop seconded: Tbe Planning co-aission approve tbe Final Plat of tbe Centenn~al South Subdivision, Case #14-79, and refer said Final Plat to City Council for review and approval. A YES: Carson, Draper , Lathrop, Pierson, 'l'anguaa, Becker, Bilo MAYS: Mone ABSTAIN: Saitb ABSENT: Williaas Tbe aotion carried. By Order of tbe City Planning & Zoning Co .. ission • I . • - - I ·I • • ( • • • • -11- IIEIIORANOOII TO THE ENGLDOOD CITY COUNCIL REGARDING ACTION OR RECOIIIIENDATION OF THE CITY PLANNING AND ZONING COIIIIISSION. DATE: July 17, 1979 SUBJBCT: Vacation of Rilbt-of-way -3200 Block Soutb Clarkson Street RECc:.JIBNDA TION: Draper _,ved: Becker seconded: Tbe PlaDDiq eo-isaion reca-end to City Council tbat tbe excess rilbt-of-way on tbe west aide of tbe 3200 block Soutb Clarkson Street be vacated, and tbat an eae~nt be retained to provide access to utility service lines. AYBS: Bilo, Carson, Draper, Pierson, Saitb, Tanguaa, Becker NAYS: None ABSB!tT: Lathrop, Willia• Tbe _,tioD carried. By Order of tbe City PlanniDI • Zoning Co .. ission • I • - • ( • • • • MINUTES OF ENGLEWOOD HOUSING AUTHORITY REGULAR MEETING July 25, 1979 58 The regular meeting of the Englewood Housing Authority was called to order by Chairman Thomas J. Burns at 5:15P.M., July 25, 1979 at the Simon Center. Roll Call Members Present: Meai>ers Absent: Others Present: Thomas J. Burns, Chairman Betty Beier, Vice-Chairman David B. Clayton Cindy Peterson Rev. J. Stanley Fixter Rich Wanush, Director, Community Development Mike Reddy, Executive Director of Housing Toni Morris, Associate Housing Coordinator Jim Keller, Executive Director, Downtown Development Authority Reading and Approval of Minutes The minutes of the Housing Authority meeting of June 27, 1979 were considered for approval. MOTION CINDY PETERSON MOVED AND BETTY BEIER SECONDED THE MOTION TO ADOPT THE MINUTES OF THE REGUlAR HOUSING AUTHORITY MEETING OF JUNE 27, 1979. THE MOTION CARRIED AS FOJ:..LCMS : AYES: NAYS: Section 8 Existing Report THOMAS J. BURNS BETTY BEIER DAVID CLAYTON CINDY PETERSON NONE Mr. Reddy stated that the number of units leased up is substantial over last month's. This office was contacted by the Regional Office of HUD concerning the problem we are having with getting three and four bedroom units leased up. We are awaiting notification from HUD concerning changing three and four bedroom allocations to one and two bedroom units. It is easier to lease up one and two bedroom units than it is three and four bedroom units. Mr. Reddy stated that the increase in lease-ups for this month can be attributed to the 20\ increase in Fair Market Rent this office received. Mr. Reddy stated that HUD is doinq a management audit on the Section 8 Program. Jerry Fader fran HUD conducted the audit. Mr. Fader stated that he was impressed with the fact that the Housing Division is able to run the Section 8 Existing Program without a full-time Section 8 administrator. Mr. Reddy commended Toni Morris for the work she has done on the Section 8 Program . I • • - • • • • • • Rehab Report Mr. Reddy stated that interest in the Rehab program has been rekindled since the Housing Authority has received the CDBG money. The target date to have our first CDBG funds spent down is by September of 1979. We will probably have the money spent down by August of 1979. Mr. Reddy stated that our HAP (Housing Assistance Plan) calla for 17 investor loans to be processed through our Rehab Program to upgrade the rental stock in Englewood. We are taking a look at what this means, i.e., how we are going to process these loans, what kinds of safeguards are going to be necessary, etc. Mr. Clayton expressed his concern about approving the policy of investor loans. He is concerned about how the Housing Authority uses the Rehab money for investor property. Mr. Reddy stated that we have one year to meet the HAP goal of 17 investor loans. Mr. Clayton stated that he would like to see strict rules when loaning money for investor-owned property. Discussion ensued regarding this issue. Mr. Burns questioned what the outreach approach would be for the Rehab Program. Mr. Reddy stated that the reason so much time is spent explaining the Rehab program to individuals is that we are giving general information to people. One solution would be to set up group meetings and introduce them to the Rehab loan process and explain to them the target areas. Mr. Reddy stated that the promotion process of the Rehab program will probably last at least six months. Mr. Reddy discussed the letter from Sharon Jewell at HUD stating her findings concerning her audit on the Rehab Program. In the letter Mrs. Jewell stated that she was genuinely impressed with how the Housing Authority is managing the Rehab program. Mr. Reddy said that very positive CODDents were made concerning the Citizen Participation Plan relative to the Block Grant. The Department of Housing and Urban Development feels we have gone way above and beyond our original Citizen Participation plan to making citizens of Englewood more aware of the program. Alot of this can be attributed to Al VanDemark and Alice Fessenden as they were the two people running the Rehab Program at that time. Simozt Center Report Mr. Reddy discussed the letter from HUD referring to the Section 8 New Construction audit. No major deficiencies were found. Mr. Reddy stated that a few individual apartments at the Simon Center will be sprayed for insects, bugs and roaches. The cost we will be paying for these units includes an ongoing contract for Moore Company to come in on a monthly basis and do an inspection of the units. Public Housing Project jCQ-48-2 Mr. Reddy stated that the developer's packet has been sent into HUD. If an area of the packet is deficient, our HUD representative will notify this office so the matter can be resolved • Mr. Reddy stated that we have received the advertisement for the Public Housing Project that has been drawn up to send out to developers to initially let them know about the program. This advertisement has to be approved by HUD. The target date to go to advertising is August 22, 1979. Also pages 36 and 37 were not included in the original developers packet. These pages include • . , I • - • • • • • • a section on Equal Employment Opportunity. If HUD accepts pages 36 and 37 and the advertisement, we can then go ahead with the site development and get the appraisers over to look at the site. The appraisers will be looking at the topography of the site and where the building could actually be placed. Mr. Reddy introduced Resolution No. 7 relating to the preliminary loan which is a request for $22,000 in preliminary money to do the planning and whatever is necessary to get the proqram off the ground . Mr. Reddy also introduced Resolution No. 8 which accepts the preliminary loan contract drawn up by HUD. There was a short break for dinner. Mr. Reddy stated that the Housing Authority is pursuing a drawdown of the entire amount of $226,000 of the CDBG money. This money will be put into an interest bearing account. The interest money will then be deposited back into the Rehab Program. Mr. Reddy stated that the deposit of the $22,000 in preliminary loan money will be deducted from the total amount of the grant if the Public Housing Project goes as scheduled. Mr. Burns discussed Resolution Numbers 7 and 8 regarding the preliminary loan contract. MOTION DAVE CIAYTC::* MOVED AND BETTY BEIER SECONDED THE MOTION TO ADOPT RESOLUTIOO NO. 7 AUTHORIZING EXECUTION OF PRELIMINARY LOAN CONTRACT AND GENERAL DEPOSITARY AGREEMENT AND ISSUANCE OF A P:ROMISSORY NOTE. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: THCMAS J. BURNS BETTY BEIER DAVID ClAYTON CINDY PETERSON NONE MOTION BETTY BEIER MOVED AND CINDY PETERSOO SECONDED THE MOTION TO ADOPT RESOLUTION NO. 8 AUTHORIZING EXECUTION EXECUTION OF GENERAL DEPOSITARY AGREEMENT WITH CONTINENTAL NATIONAL BANK. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: New Business THCMAS J. BURNS BETTY BEIER DAVID ClAYTON CINDY PETERSON NONE Mr. Reddy reported on the workshop at Keystone, Colorado he attended regarding handicapped people. Representatives from Washington, D.C., Craig Hospital, the Governor's office, State and local level officials and others who have an interest in working with the handicapped -re in attendance. Mr. Reddy stated that Craig Hospital's philosophy is for the handicapped person to get to a point where he can live on his own and deal with reality. The core issue of this workshop was to discuss how to get to a point where we are coordinating services from the Social Services Department, Depa~nt of Institutions, and local Housing Authorities. The outcome would be a -alth of opportunity in -3- I • - • • • • • • dealing with people who specialize in working with handicapped people. Mr. Reddy stated that the representatives from the Governor's office and the Department of Institutions now realize that they need to communicate with various Housing Authorities on the issues of the handicapped people. Mr. Reddy stated that the biggest problem is that there hasn't been any coordination between handicapped representatives from State and local levels and various Housing Authorities. Discussion ensued regarding the workshop and the issues raised there. NAHRO Mountain Plains Regional Conference Mr. Reddy stated that traditionally the Chairman of the Housing Authority and the Executive Director attend the national convention together. In light of certain events -President Carter's energy talk -the administrative staff will have to look at the kinds of housing that will be beneficial to this community. Mr. Reddy suggested that he attend the Regional Convention in Bismarck, North Dakota, and that Mr. Burns attend the National Convention in Atlanta, Georgia. Discussion ensued regarding these two conventions. MOTION DAVE CIAYTOO !«>VED AND BETTY BEIER SECONDED THE MOTION THAT THE CHAIRMAN OF THE ENGLEWOOD HOUSING AtrrHORITY BE DESIGNATED TO ATTEND THE NATIONAL NAHRO CONVENTION IN ATlANTA, GEORGIA FROM SEPTEMBER 26-SEPTEMBER 29, 1979. THE MOTION CARRIED AS FOLLOWS: AYES: THOMAS J. BURNS BETTY BEIER DAVID ClAYTON CINDY PETERSON NAYS: NONE MOTION DAVE CLAYTON MOVED AND CINDY PETERSON SECONDED THE MOTION TO AtrrHORIZE THE EXPENSES FOR THE EXECUTIVE DIRECTOR OF ENGLEWOOD HOUSING AtrrHORITY TO ATTEND THE REGIONAL NAHRO CONVENTION IN BISMARCK, NORTH DAKOTA FROM AUGUST 12- AUGUST 15, 1979. THE MOTION CARRIED AS FOLLOWS: AYES: THOMAS J. BURNS BETTY BEIER DAVID CLAYTON CINDY PETERSON NAYS: NONE Mr. Reddy reported on his discussion with representatives from Craig Hospital concerning the 23-unit apartment building the hospital plans on rehabilitating to house handicapped residents. A representative from HUD came out and looked at the property Craig Hospital has selected for the units to assess it for substantial rehabilitation to make transitional living settings out of the units for the handicapped. If Swedish Hospital officials approve of this substantial rehabilitation project, Craig Hospital will be handling the program such as maintenance of the units. The Engl-ood Housing Authority would handle the administration of the Section 8 program on the 23 units. Mr. Reddy stated that the application should be completed and sent to HUD by August 15th. The advantage to the EHA is that it would reduce our total 111110unt I • - - • • • • of handicapped allocations to meet our HAP goal . Representatives from Craig Hospital have set up a meeting with the Board at Swedish to obtain approval of this project. Discussion ensued regarding the staffing pattern the EHA would need to handle the administration of the additional 23 units. There being nothing further to discuss, the meeting was adjourned at 8:30P.M. -s- I . - • • • • • • The Englewood Housing Authority Minutes of the July 25 , 1979 Regular Meeting were officially approv.d by the eo..dssioners on August 29, 1979. Englewood Executive Director Englewood Housing Authority • I • • - • • • • ENGLEWOOD PUBLIC LIBRARY BOARD August 14. 1979 The Englewood Public Library Board met for its regular meeting on August 14, 1979, in the Library Meeting Room at 7:30 p.a. PRESENT: Merlyn Beaver, Paul Busch, David Clayton, Sue Mueller, Dalton Nordyke, Margaret Pearson, and Dorothy Wheelehan. ABSENT: Lois Sterling and Glenna Bennett. ALSO PRESENT: Mrs. Merlyn Beaver Sharon L. Winkle, Director of Libraries David W. Brunton, Assistant to the Director Mary Matheson, WICHE Intern Eileen Browne. Recording Secretary Paul Busch, Vice Chairaan, called the aeeting to order at 7:30 p.a. David Brunton. Assistant to the Director, and Mary Matheson, WICHE Intern, were introduced to the Board and then proceeded to describe to the Board what is currently being done on the Local History Project. 1. A decade by decade photographic display. 2. Suaaarizing oral history tapes. 3. A User Guide of the Local History Collection. The main objective of these projects is to promote public awareness of the collection, to facilitate its use, and to encourage donations of photographs by community members. The Board made many suggestions as to persons who might be willing to contribute additional photographs. Mr. Brunton and Ms. Matheson both stressed the need and importance of continuing maintenance of the collection in order to perpetuate the value of the collection. Margaret Pearson made the motion: To approve the minutes of the July 10, 1979 Board meeting as recorded. Seconded by Merlyn Beaver; the motion carried. Dorothy Wheelehan made a comprehensive report on the 1979 American Library Association Conference. She mentioned, however, that in the future it may be worthwhile to spend aore tiae planning which meetings should be attended by the Board representative to the Conference. Dorothy attended as a substitute for Chairaan Lois Sterling. REPORT ON FRIENDS: Dorothy Wheelehan reported that the preparations for the used book sale were progressing very well. The Friends in an effort to become I • - • • • • • • - 2 - more community-oriented will present a six part series of programs on alcoholism beginning Wednesday evening, September 12, 1979, through Wednesday, October 17, 1979. They are also planning a Halloween party in conjunction with the Children's Department. Members of the Dracula Society will be available to help the children apply face make-up. Jane Clayton resigned as Chairman of the Friends effective October 1, 1979. Board members were requested to think of ways to re-activate the Friends organization. LIBRARIAN'S REPORT: A research assistant, Tom ~lqueen, has been employed through CETA for a six month period. He will be working on a community analysis; flow charts; cost studies~ etc. Statistics for the aonth of July show that circulation was up slightly. Due to the re-evaluation of the Young Adult Collection quite a lot of books have been withdrawn fro. the collection. A working copy, not yet part of the guidelines, on the Criteria for Withdrawal of Materials from the Collection was distributed to the members of the Board. Letters of Agreement from the Central Colorado Library System have been received. Margaret Pearson made the motion: That the Englewood Public Library Board vote unanimously to recommend that City Council approve and authorize the City Manager to sign the Letters of Agreement between the Library and the Central Colorado Library System. These letters cover the periods: October 1, 1979 through December 31, 1979 and January 1, 1980 through September 30, 1980. Seconded by Merlyn Beaver; the motion carried. A contract with Rolling and Associates for data processing services has been signed to cover the remainder of 1979. The Bookmobile will begin service to the Malley Center on September 5, 1979. Library will also provide support services to the Malley Center staff in the of materials to be used in conjunction with courses, programs and activities. Library personnel will assist the Center volunteer library aide in providing service to Center clientele. The form A Staff recommendation regarding the usage of the four IMC's operated by the Library was discussed with the Board. With the concurrence of the Board it was decided that due to the low usage at three of the centers, services there would be discontinued and library service concentrated at the Scenic View location four evenings per week. In a fuel conservation effort the Scenic View Bookmobile stop would be eliminated. Bookmobile service to the other three school neigh- borhoods will continue. There being no further business the meeting adjourned at 9:45 p.m . • I • - - • 10: FROM: DATE: SUBJECT: ,. t • • • Honorable Mayor Jaaes Taylor and Mellbers of City CoWlcil Louis Parkinson, Municipal JudaR Sept~r 12, 1979 I D tiJNICIPAL COURT ACTIVI1Y REPORT FOR AUGUST, 1979 Attached is the Municipal Court Activity Report for the .,..th of Aupst, 1979. The report is bein& transaitted to keep you fully inforaed of Court activity and requires no action by City Co\Ulcil. /b Att. I • - - • • • lol.l~lt:lPAL COURT ACTIVlTI' REPORT \UCUST IU:Vl:!IIJE SOUl«:[ Au~ust 19i9 v;u 6attons tlurcau Hncs---·-------------$ .:?,70-l.f\0 Parking Vio J.11tion 1:incs -----------------:!,552 .00 Cuurt C:~scs-----------------------------7 , gslL 00 Lourt Costs-----------------------------I,S7 1.UU W&tm•ss .. ccs ----------------------------l7S.UU Jury Fce!Jo--------------------------------0- tlonrJ J.:orfeiturcs-------------------------0- t)rivc r l~tprov~nt School l·cl•s ----------:\OO.UO Apt M·a! bon-.! h.:cs-------------------------ti - ArMpahoe U>unty (llUI's)················· ~ TOTALS $ 16,140.00 1\.r~·:a i an.cnt~---------------------------- Guilty pleas (incl. Nolo plus)-· Not Guilty pl eas----------------- Cont'd . or Failed to Appear------ l'Taffic Violations lu,..,.:.u--------------- Guilty pleas--------------------- Not Guilty pleas----------------- Trials schoduled for -th-------------- Juries scheduled (held)·-········ Juries cucellod----------------- Juries amtinued----------------- Juries dis•issed----------------- Trials to the Court (hcld)------- Pret riat Conferences-------------------- Srcc ia l l~rinas------------------------ C•H•s dosed by .litiposit ion------------- l:ascs closed by Uref . Pro~./Sentence----- 3-tb 137 120 19 184 J2i 57 11>0 16 IS 0 0 144 121> 9 12 7 Driver School attendance----------------22 Warrants •nd Executions issUC"..J----------42 Cases pendina (not incl. parkin&)·------863 Ml . OF CASES F~TAGO~: ,_.,vint: Violations-----------------------425 Parkin& Violations----------------------940 Other Ordin:~nce Viol at ions--------------22 Uog OrdinanC'c Violou ion~----------------25 C011pJaints (citizen, .s:.les tax, bid&.)--_ _.!!. 11JTALS 1,4 18 Rc<ipcctfully s ubllittcd, I .. ·, , ' -/Jr:(/·lt~./-::-1: "''"'/- tsAMRAMA .J . 1'1 .*-Y, CJcrk of ,MI•nu·tp.al Court (I) (10) 192!.._ SDIC Nonth Last Ye-ar ~.7~1.50 2 .37 5.00 o.SS3.00 1.1 ·111.110 ~JS.OO -0- -0- :!~0 .00 -0- 1,830.00 15,174.50 33H 173 10 9 I 0 163 10 78 2 30 41 976 244 913 2U 75 4 1,2 56 (0) (21) c:c: l.ouls l':•rldnsnn, ,.miriral .l•k.IJ!t" l~nor:thlc J.taynr .l :t-..:< Taylor and J4t ·••t..·r -. of City C.ount..:il !uuly ""''f:UWn, City N.m a J ~t'r lh:rnan.l kcr:•r•lin•. C1ty ,\ttunw:y knhHrt Uolw~. t:hif·f of Pul i c t• WilliaM II .. l :•~~e:o;, llir~t ·tur ,,f l'in:uk·c f::•rulynr· .1. ~.,.,,,~•·r , 0•11r1 ,\,l•int ,trator Totals This Year 20.138 .5 1 19.359 .00 51,454.00 IO.b ~l .OO 1.350.00 200.00 1.155 .00 1,:i55.00 -u- 6! 763.67 112,426 .18 2 ,33l 1,221 139 (16) 100 19 4 1,082 (58) 333 78 71 7 31 147 309 2.481 6 , 267 148 :!3R 30 9,1M Totals Last Year 20 ,023.00 17,154.00 53.958 .50 10,654.00 1,375.00 125.00 407 .so I, 740.00 3 .UU 9 ,9~0.50 115.420.50 2.410 1.576 92 (10) 75 I 6 1 ,4114 (102) 103 74~ 246 193 2!19 2 .2s ~ 7,028 174 354 18 9,833 I • • - - • • • • • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 1979 COUNCIL BILL NO. 41 IQODUCED BY A BILL FOR '\....A:J~ AN ORDINANCE AMENDING CHAPTER 4, TITLE I, OF THE '69 E.M.C. BY ADDING A NEW SECTION AUTHORIZING SMOKING IN GENERAL ASSEMBLY ROOMS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The '69 Englewood Municipal Code is hereby amended by add1ng a new section to be numbered Section 23, which section reads as follows: 1-4-23: SMOKING OF TOBACCO IN GOVERNMENT ASSEMBLY ROOMS: AUTHORIZED THE SMOKING OF TOBACCO IN GOVERNMENT GENERAL ASSEMBLY ROOMS, COUNCIL ROOM, OR OTHER AREAS WHERE THE CITY COUNCIL OR CITY BOARDS AND COMMISSIONS MAY ASSEMBLE, OR ANY OTHER ASSEMBLY ROOM, IS HEREBY EXPRESSLY AUTHORIZED • Introduced, read in full, and passed on first reading on the ______ day of September, 1979. Published as a Bill for an Ordinance on the ______ day of September, 1979. Attest: Mayor Deputy C1ty 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 September, 1979. Janice L. Watk1ns, Deputy C1ty Clerk • I • • - • RESOLUTION NO. J (, SERIES OF 1969 • • • ·. A RESOLUTION PROVIDING FOR COST OF LIVING WAGE ALLOWANCE FOR THE CITY MANAGER, CITY ATTORNEY, AND MUNICIPAL COURT JUDGE COMMENCING JULY 1, 1979 FOR THE REMAINDER OF THE CALENDAR YEAR 1979. WHEREAS, the City Council has heretofore approved Collective Bargaining Agreements whereby a 4\ cost of living wage adjustment was allowed the Englewood Employees Association and a 3\ cost of living wage allowance was authorized for the Fire Department as well as the Police Department for the period commencing July 1, 1979 through December 31, 197 9: and WHEREAS, the City Manager has authorized a cost of living wage adjustment for administrative department heads in amounts averaging approximately 3.5\ for the period July 1, 1979 through December 31, 1979: and WHEREAS, the City Council has authorized a 4\ cost of living wage adjustment for the staff of the City Attorney for the period above stated. The City Council finds and determines that a similar cost of living wage adjustment should also be allowed to the City Manager, the City Attorney, and the Municipal Court Judge. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLENOOD, COLORADO: That consistent with the budget heretofore amended and approved and the appropriations in the general fund of the City relative to salaries, the following annual salaries are hereby established for appointees of the City Council and the Municipal Court Judge, which said rates are to become effective as of July 1, 1979 and continue through December 31, 1979: City Manager City Attorney Municipal Court Judge $ Jft,, g~o $ 4+11 1q $,Jo 1 oo~ ADOPTED AND APPROVED this _______ day of September, 1979. Mayor Attest: Deputy City Clerk I • - - • • • I, Janice L. Watkins, Deputy City Clerk of the City of Enqlewood, Colorado, hereby certify that the above is a true, accurate, and complete copy of Resolution No. , Series of 1979. Jan1ce L. Watk1ns, Deputy C1ty Clerk I . - • • ( • • • • 7 B 1 MEMORANDUM TO: Mayor and Members of City Council FROM: Bernard v. Berardini, City Attorney DATE: September 13, 1979 SUBJECT: Cost of Living Wage Adjustment Increase -City Manager, City Attorney, and Municipal Court judge At your request, I have prepared a Resolution adjusting the salaries of the Council appointees, the City Manager and the City Attorney, as well as the Municipal Court Judge to reflect an increase to become effective on July 1, 1979 and to continue through December 31, 1979. The Resolution does not actually set out the percentage increase as I was uncertain, after discussion at the Council study session on September 4, whet~er it was the Council's intent to adjust the salaries as of July 1 at the 4\ or 3\ level. For your information, I am enclosing copies of Resolution No. 67, Series of 1978, which established the current annual salary of the City Manager, the Municipal Court Judge and the undersigned. Additionally, the Council approved by Ordinance on July 18, 1979 interim increases on July 1, 1979 as follows: Police Benefit Association: a 1979 midterm increase of 3\: an B\ 1ncrease plus $50 a month for 1980: and an 8\ increase in 1981 • Englewood Firefighters Association: a 1979 midterm increase of 3\: 7% increase plus $50 per month in 1980: and an 8\ increase in 1981. Statistically, the 3\ and 4\ proposed increases would produce the following results: I • - • • < • Mayor and Members of City Council Page 2 September 13, 1979 Current 1979 City Manager $35,845 City Attorney $33,384 Municipal Judge $29,425 Total Additional Cost bb Enclosure • • • July 1, 1979 Increase-3\ $36,920 ($538) $34,386 ($501) $30,308 ($442) $1,481 cc: Andy Mccown, City Manager Jimmy Curnes, Assistant City Manager William D. James, Director of Finance Hugh Brown, Administrative Assistant Mel BeVirt, Director of Employee Relations Louis Parkinson, Municipal Judge July 1, 1979 Increase-4\ $37,279 ($717) $34,719 ($668) $30,602 $589) $1,974 I • - • • ( • • • • RESOLUTION NO. 67 I SERIES OF 1978. A RESOLU'l'ION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER, CITY ATTORNEY AND MUNICIPAL COURT JUDGE AND ASSOCIATE JUDGES FOR TilE CALENDAR YEAR 1979. WHEREAS, the City Council has, by Resolution No. 61, Series of 1978, ..aDded tbe 1979 Annual Proposed Budget and adopted said ...ndec! budqet by Ordinance; and WHEREAS, .. id City Council has, by Ordinance, passed an~ approved the 1979 appropriations for.all municipal purposes, including annual .. laries for Council appointees. NOW, TIIERBPORE, BE IT RESOLVED BY THE CITY COUNCIL OF THR CITY OF ENGLEWOOD, COLORADO, as follows: That consistent with the budget heretofore approved and the appropriations to the general fund of the City relative to salaries, the following annual salaries are hereby established for appointees of City Council for the calendar year 1979, to wit: City Manaqer • $ 35,845.00 City Attorney $ 33,384.00 Municipal court Judqe • $ 29,425.00 Associate Judge • $ 250.00 ADOPTED AND APPROVED this 18th day of December , 19 "/8 • A TrEST: ~~ ex officio~erk-Treasurer I, William D. James, ex officio City Clerk-Treasurer of the City of Englewood, State of Colorado, hereby certify th~t the above is a true, accurate, and complete copy of Resolut~on No. 67 , Series of 1978. • I . • - - • • • • 1 WHEREAS, America's hunters and fishermen were among the first environmentalists. They have traditionally held strong opinions about clean air, good water, and a livable habitat for wildlife. They have been in the forefront of the activists who want to main- tain these qualities, not only because it is important to them, but because they will benefit all of society: and WHEREAS, through excise taxes on hunting and fishing equipment that were t.posed with the full endorsement of sportsmen's organiza- tions, millions of dollars have been channeled into the maintenance and improvaaent of habitat across the land: and WHEREAS, aa.e modern-day environmentalists are not aware of the past contributions that our outdoor sportsmen have made to this cause, and others may not fully comprehend that wildlife populations need to be managed scientifically like all other natural resources. Properly regulated by the states with federal assistance, fishing and hunting are an integral part of wildlife management. Getting this message across by example and not simply by words is a major part ~f the challenge that lies ahead, and it is one of the basic reasons behind this Bunting and Fishing Day. NOW, TBBREFORE, I, JAMBS L. TAYLOR, Mayor of the City of Englewood, Colorado, welcome the opportunity of this observance to greet our hunters and fishermen and the organizations that represent them. I c~nd th-on their sensitivity and responsiveness to a movement that deserves the support of all Americans and do hereby proclaim Saturday, September 22, 1979, as BUNTING AND FISHING DAY in the City of Englewood and urge all of our citizens to join with sportsmen-conservationists in a rededication to the wise use of our natural resources and their proper aanagaaent for the benefit of future generations. GIVEN under my hand and sea 17th day of September, 1979. Mayor I • - - • • • • -· • WHEREAS, America's hunters and fishermen were among the first environmentalists. They have traditionally held strong opinions about clean air, good water, and a livable habitat for wildlife. They have been in the forefront of the activists who want to main- tain these qualities, not only because it is important to them, but because they will benefit all of society; and WHEREAS, through exci"Se taxes on hunting and fishing equipment that were t.posed with the full endora .. ent of sportsmen's organiza- tions, aillions of dollars have been channeled into the maintenance and iaproveaent of habitat across the land; and WBBRBAS, ac.e IIOdern-day environaentalista are not aware of the past contributions that our outdoor sport811en have made to this cause, and ot!wrs .. y not fully cc.preMnd that wildlife populations need to be aanaged scientifically like all ottwr natural resources. Properly regulated by the states with federal assistance, fishing and hunting are an illte~~ral part of wildlife aanag.-ent. Getting this message across by ex-.ple and not st.ply by words is a major part of the challeDCJe tbat liee abeM, and it is one of the basic reasons behind this llwlti.D9 &Dd riuiat Day. NOW, TBBRBPOU, I, J-.s L. t'AYLOa, ~ of the City of Englewood, Colorado, .. 1~ tile apport-itJ' of this obMrvance to greet our hunters ADd fiabeTZ ea4 tile ocwaaiaations that represent them. I ca.end t.baa on tbeir -.itiYitJ' -.1 reaponaiveness to a movement that deaerv.a tbe 1 q a art of all Aaaericans and do hereby proclaim Saturday, Sep~ zz. lt71, .. in the City of Englewood and u~ all of our citizens to join with sportsmen-conservationists in a rededication to the wise use of our natural resources and their proper aaa.g.-.nt for the benefit of future generations • GIVEN under ay hand and seal this 17th day of September, 1979. Mayor I • • - - ( • • • • • • WHEREAS, America's hunters and fishermen were among the first environmentalists. They have traditionally held strong opinions about clean air, good water, and a livable habitat for wildlife. They have been in the forefront of the activists who want to main- tain these qualities, not only because it is important to them, but because they will benefit all of society; and WBBREAS, through excise taxes on hunting and fishing equipment that were t.posed with the full endorsement· of sportsmen's organiza- tions, aillions of dollars have been channeled into the maintenance and improv-ent of habitat across the land; and WHEREAS, aa-e modern--day environmentalists are not aware of the past contributions that our outdoor sportsmen have made to this cause, and others may not fully comprehend that wildlife populations need to be managed scientifically like all other natural resources. Properly regulated by the states with federal assistance, fishing and hunting are an integral part of wildlife management. Getting this message across by example and not simply by words is a major part ~f the challenge that lies ahead, and it is one of the basic reasons behind this Bunting and Fishing Day. NOW, TBBBBFORB, I, JAMES L. TAYLOR, Mayor of the City of Englewood, COlorado, wel~e the opportunity of this observance to greet our hunters and fishe~n and the organizations that represent them. I ca..end thea on their sensitivity and responsiveness to a movement that deserves the support of all Americana and do hereby proclaim Saturday, Septeaber 22, 1979, as IIUJft'IIIG MID FISBIIIG DAY in the City of Englewood and urge all of our citizens to join with sportsmen-conservationists in a rededication to the wise use of our natural resources and their proper manag~t for the benefit of future generations • GIVEN under ay hand and seal this 17th day of Septeaber, 1979. I • - - • • ( • • • ~ Bernard V. Berardini, City Attorney ~ Joseph Plizga, City Traffic Engineer 12, 1979 ~~ TURNING LEFT ACROSS SOLID DOUBLE YELLOW TRAFFIC LINES According to the Model Traffic Code for Colorado Municipalities, which the City of Englewood has adopted, there are at least three Articles that address the issue of crossing a double yellow line. They are: (1) Article VI, Section 6-6, paragraph b, (2) Article VII, Section 7-5, paragraph e, (3) Article IX, Section 9-1, which are referenced by the Colorado Revised Statutes 42-4-910, 42-4-905, and 42-4-910 respec- tively. I have discussed the above subject matter with the Colorado Division of Highways who were quick to point out that each of the Model Traffic Code articles mention that the left turn movement across a double, yellow line may be accomplished provided that it be done safely and without interfering with other traffic. The Division of Highways went on to say that the statutes had been revised in 1977 to allow for not only a left turn across a double yellow, but also a u-turn across the double yellow and a left turn across a double double, yellow (Painted median island) or any mountable or traversable device (•Hollywood• type curb). The reason for revising the statutes on turning across the double yellow was for better ingress and egress to residential and commercial properties. Studies were conducted that indicated many drivers made the move illegally, but with safety, and therefore, to save the expense of widening the roadway and/or removing parking to provide for turn lanes,the statutes were revised. I have been reviewing all traffic accidents within the City of Englewood and those accidents that have occurred as a result of vehicles turning left across a double, yellow line have been about average, although the accident rate for the section of Broadway, north of S.H. 285 is somewhat greater than the accident rate for the section of Broadway, south of S.H. 285. This is probably a result of the concrete median barrier located on South Broadway. The Colorado Division of Highways stated that they would not approve a request from the City of Englewood to revise the Model Traffic Code whereby left turns across a double, yellow line were prohibited within the City of Englewood. The City must have the state's approval for any changes to the Model Traffic Code affecting state highways within the City, but State approval is not required for changes to the Model Traffic Code affecting non-state highways. I talked to the Englewood Police Department and they are not in favor of prohibiting left turns across the double, yellow line. They felt • I • - - ( Memo Bernard V. Berardini September 12, 1979 Page two • • • ·. that enforca.ent would be a problem unless signs were placed all over the City. My recommendation is not to pass an ordinance prohibiting left turns across the double, yeiiOw, but to investigate the specific locations where left turns are causing probla.s and either aake roadway align- ment changes i.e. installation of left turn bays and removal of parking or the installation of a physical median barrier. ~13-AT Joseph B. Plizga City Traffic Engineer JBP:bjs • cc: K. Waggoner Capt. Mull, E.P.D. Capt. Stanley, E.P.D. • I • • - ( ( • • • Bernard V. Berardini, City Attorney 12, 1979 ~ Joseph Plizga, City Traffic Engineer __,, TURNING LEFT ACROSS SOLID DOUBLE YELLOW TRAFFIC LINES According to the Model Traffic Code for Colorado Municipalities, which the City of Englewood has adopted, there are at least three Articles that address the issue of crossing a double yellow line. They are: (1) Art.icle VI, Section 6-6, paragraph b, (2) Article VII, Section 7-5, paragraph e, (3) Article IX, Section 9-1, which are referenced by the Colorado Revised Statutes 42-4-910, 42-4-905, and 42-4-910 respec- tively. I have discussed the above subject matter with the Colorado Division of Highways who were quick to point out that each of the Model Traffic Code articles mention that the left turn movement across a double, yellow line may be accomplished provided that it be done safely and without interfering with other traffic. The Division of Highways vent on to say that the statutes had been revised in 1977 to allow for not only a left turn across a double yellow, but also a u-turn across the double yellow and a left turn across a double double, yellow (Painted median island) or any mountable or traversable device (•Hollywood• type curb). The reason for revising the statutes on turning across the double yellow vas for better ingress and egress to residential and caa.ercial properties. Studies were conducted that indicated many drivers made the move illegally, but with safety, and therefore, to save the expense of widening the roadway and/or removing parking to provide for turn lanes,the statutes were revised. ... I have been reviewing all traffic accidents within the City of Englewood and those accidents that have occurred as a result of vehicles turning left across a double, yellow line have been about average, although the accident rate for the section of Broadway, north of S.H. 285 is somewhat greater than the accident rate for the section of Broadway, south of S.H. 285. This is probably a result of the concrete median barrier located on South Broadway. The Colorado Division of Highways stated that they would not approve a request from the City of Englewood to revise the Model Traffic Code whereby left turns across a double, yellow line were prohibited within the City of Englewood. The City must have the state's approval for any changes to the Model Traffic Code affecting state highways within the City, but State approval is not required for changes to the Model Traffic Code affecting non-state highways. I talked to the Englewood Police Depart.ent and they are not in favor of prohibiting left turns across the double, yellow line. They felt • I • - • Ma.o Bernard V. Berardini Septe.ber 12, 1979 Page two • • • that enforce.ent would be a probl .. unless signa ware placed all over the City. My recaa.endation is not to pass an ordinance prohibiting left turns across the double, yeiiOw, but to investigate the specific locations where left turns are cau.ing probl ... end either make roadway align- ment changes i.e. inatallation of left turn bays and removal of parking or the inatallation of a physical median barrier. w./J.fJT Joseph B. Plizga City Traffic Engineer JBP:bjs cc: Jt. Waggoner • capt. Mull, E.P.D. Capt. Stanley, B.P.D. I • - - • • ( • • • • BESOLUUOII 1110. d 7 , SERIES OF. 1979 A BESOLUriOII AIIUIDDIG THE 1979 GUEUL FlBD BUDGET wanns, the City Council of the City of En&lewood, Colorado, baa adopted a 1979 Geaeral Fund Budaet; and WBIRIAS, tba City Council in their regular .. etiag of Sepce.ber 4, 1979, approv.d by aotiOD to contribute $15,000 to the Bu&l.,ood Hip Scbool Band for partial expeuaea to Paaadena, California, to appear in the Roae Parade; aud BOW, 'DIBRUORE, BE IT RESOLVED, by the City Council of the City of En&levood, Colorado, aa follova: Sectioo 1 The aatt.ated reveauea aud appropriatioua are hereby aade in the General Fund: Raveuuea: Fund Balance § 15,000 AepropriatiOIUI: City Council $ 15.000 SectiOD 2 %be City Haaaaer aad Director of PiDance are hereby autbori&ecl to ..U the above ~ .. to the 1979 General Fund Budaet of the City of £n&lewoocl. 4 ADOPTED AIID APPROVED thia /1111 day of ~ilia.Ju_,, , 1979. I ATTEST: Di~y city clerk I, .Janice L. Watkina, Deputy City Clerk, of the City of lewood, Colorado, do bereby etarti.fy that the &bow and fore- ia a true, accurate aDd cc.plete capy of ... olutiOD lo. , Seriea of 1979. • I . • '}.,;In - - • • • 2b RESOLUTION HO. , SEB.IES OF 1979 A RESOLUTION AIEHDIHC THE 1979 CEIIERAL P'tBD BUDGET WHEREAS, the City Council of the City of Englewood, Colorado, has adopted a 1979 General Fund Budget; and WHEREAS, the City Council in their regular meeting of Sepee.ber 4, 1979, approved by motion to contribute $15,000 to the Englewood High School Band for partial expenses to Pasadena, California, to appear in the Rose Parade; and ROW, TIIEIIUOU, BE IT RESOLVED, by the City Council of the City of Englewood, Colorado, as follows: Section l The estt.ated revenues and appropriations are hereby made in the General Fund: a.venuea: Fund Balance § 15,000 Appropriations : City Council $ 15,000 Section 2 Tbe City Manager aad Director of Finance are hereby authorized to ..U the above c~ea to the 1979 General Fund Budget of the City of Englewood. ADOPTED AND APPBOVED this---day of-------· 1979. Kayor ATTEST: Deputy city clerk I, Janice L. Watkina, Deputy City Clerk, of the City of Englewood, Colorado, do hereby certify that tba abova and fore- going is a true, accurate and ca.plete copy of ... olution llo. ___ , Series of 1979. Deputy City Clerk I . • - cified in a the same ified in itwo a .m. to any or- u-. I have the ty to issue organiza- available WI iiquora, 'ather ,r ... uy enainc ·• m•y tia.lar Jlivate lllud of the .........,Ut •ject to herein ecirMMI • ll'lllit. ( 1 ) ~ &reofthe failure of .-tin • • .. • I • • • • - • • IM.••&•uur" _..._..........,. ... ,. , .. ,. ... ~tl ...... ~....--....... , ................ ~ .... -........ . .... .......... . ................ .. ... • ,.., 'willlia a:c::JIC&tl ..... ....... ............... ~fl-.-: ....... . --.ry .............................. ... ..,._ t:::..M .st!:"r _. INIIIridila ... • .,. .._. ......... __ ... _ ...... ..__~ I • • • • • • - RECEIVED · .. SEP 1 -i 1979 '· <.' .. ' . . : .. DEPT. OF F IHM'C~ ENGLEW OO D Sepl .... 14, 1979 Mr.;~~ L. 'Dlylar:, ~ City of &.Jl.-.ocd 3400 South Elati Str:eet n1glewcod, QolQndo 80110 ., ' _,, ,. .. . . . All of the a-m st:acka ..... m1d ~ BliCM Bal..aey Sbart Sbield•, Illc. at a nagatiatad dbaamt -of 31\ Wd.c::b tntal.led out at $12,784.00. All of the IDda wre 8ent out far: the b1.ghaet bid en a NET l:e.ai8 ao t:m.:. wre l«) cxmei atcxw en the Bolda. 'lbe fimB liiri.ted to pm:baae tbaii Bolda at the h1gbeet bid Irl,c.es wre MeD:1ll f.6'Dch, Blldle and E. P. lbttx:ln Cb., Illc. I have a oopy of the bids fraa each of the abcMt fiDia en each · · , •.· . J BcDi eold ~'the peruaal of III¥YJ8 fur't:hE ~ted. 'lbe cuh • equivalent ~ in Federated Muter lbtM bald t:lu:augb the !' • c:ustoti.an8h1p of 'tbe Firat Nllt1cnal Bank of &lgl-aod -a1ao b:ansfen'ad wit:IDlt c::barcJe -wtW::h ia naaal. pcocednn. ln SU'IIIIIlt.i.cn, $12,784.00 11118 the total liqddetiDq coats en ~taly $4,500,000.00 ~the .-t val.uall of tbe three PeDaia1 Plmds. .. • t • :;r \ 'lbe aa:pliaitim acet of the tlltDll P\n1 .mn. ia 1' am that 1a spelled out dist1nctl.y in the Fmnklln Plmds ~w.. on-. aoquiaitim acet ec:b!D1lee an filed with tbe Securi.U. EldBnl)a Qmai 88im and t:hl!lre ill IIDth1nq ubit:mry cr MgDt1abla abcut them. 'l1lis ill W1y it ill hard tn mdei:atan! vi¥ a hi9lwr figure cculd have beEI\ ~y trQjected. '11.-C08ta have ~tal $45,000.00 and the acquiaitim aoata of 1t -.xl•a villlllPly tn ·~. all futm:e a.mt:riblt:1awo a:-uar I Wal any ~ U'e • ' made bet3een a a::m.:n Str:lclt fwld, Band f\md ar: IDI!IY .u.t fiDS - regaMJ.eu of the .aunt of .aney 1Duol,.S, tha'e 1a a ~ fee . ,.,~.·· of $5.00 par amvan1cn tn pert:1ally CliCMir the aoet of the Jl8PK ; : ·•· w:rJc by the ttma1 FUnd. Ch::le the initial aoet bu t.m paid t:ban · · · is no cXJmd•im coat, mt ever, fxx the life of the t.nva.balt • l' ' .. .. I • • • • - , . .. ·-. t·~ ,..., ' -. · .. ·-\. , -.. , . \ ) !: ... ..., I ~ t ... .1r. James L. ~lcr :r.··t Page 12 ..• · ,-!J L,· .'l :;· ~1~. 11!¥''-" • .!..g~.\ J~ U-!!.: .. •1.•.-.!•1 .. ,.i ... Col. (• ~":c. ·. ,, J I do appnciat. the um• ry cn.t:re." that the D8llben of the QluncU, Pwwicn Beards and Staff hava expari.moad and oartainl.y -~thbe"'with "t!an. -1 lt:lpeM!y,•.this •letter can 1 tp on "reccrrd :to quell :ttbia pcrt.1on .of the oanfua1a\t t·· Pl.eaaa feel fnla"to acntact·IIIB'illlll!!diataly if.·any •further--quast.ion .r . should ar~ae.r~ ..... .t l'.r~.r t .: .. ~5 ... f.,.,.• .~c-..:H .. Jr.-·'· "':< ·.;;.;~ .-.rr A~.. ' .oJ 'C.!! ~--· ·~h ;.J,j: II!' .. {.!,.1.-: t.::'_t i flo j ,1 ~-..; ·~ :9·· I~ 'lbanJdncj ycu leX : your inllllglmca .. patience i an! -aJppart, • ..t . J:'EIIII.in, .:.... · .r ~ i. !1 -:r.:{" ·t..:· :~~ ... ~,::u·-·;-" ~ ~ 1?7 .: • ·) i:. I 1 11 li•'d tl"'t l ~· ·j~..ij;NJ 1"-<-hor ;. .. • '. ·' .· ) • I .