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1979-11-05 (Regular) Meeting Agenda
• - • • 0 _) • • - ct • • CITY COUNCIL MEETING November 5. 1979 • • • ORDINANCE # o.Jf'f, ~ 44, 45, 46 RESOLUTION # ,<. ~ "' 47, 48 • 0 0 • I . ) - • • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL NOVEMBER 5, 1979 7:30 P.M. Call to order, invocation by the Reverend Stanley Fixter, Englewood United Methodist Church, 3885 South Broadway, pledge of allegiance by Boy Scout Troop #154, and roll call. l. Minutes. (a) Minutes of the regular meeting of October 15, 1979. (Copies enclosed.) (b) Minutes of the special meeting of October 22, 1979. (Copies enclosed.) (c) Minutes of the special meeting of October 25, 1979. (Copies enclosed.) (d) Minutes of the special meeting of October 27, 1979 . (Copies enclosed.) 2. Pre-Scheduled Visitors. 3. Mr. John McNamara, attorney, and/or Mr . Franz Hummel, Hummels Delicatessen, Inc., 701 West Hampden Avenue, will be present to request a Beer and Wine License, request a public hearing date and establish the neighborhood boundaries . (Copies enclosed .) (b) Mr . John McNamara, attorney, will be present representing KPL , Inc . to request a postponement of the public hearing currently set for November 12 , 1979 . (Copies enclosed.) (c) Mr . Byron Sutton, 2500 West Hampden Avenue, will be present to discuss golf balls at the Englewood Golf Course. Other Visitors. • I • • - (( • • ( • • • }} Page 2 November 5, 1979 Agenda Public Hearings. (a) To consider a request for a change of location of Retail Liquor Store License for Old Town Liquors, 325 East Jefferson Avenue. (Copies enclosed.) (b) To consider a request for a Special Events Permit for Beer, Wine and Liquor, for All Souls Catholic Church, 435 Pennwood Circle for a fund raising dance on November 17, 1979. (Copies enclosed.) 5. Communications -No Action Recommended. (a) (b) (c) (d) (e) (f) Minutes of the Denver Regional Council of Governments meeting of September 19, 1979. (Copies enclosed.) Minutes of the Planning and Zoning Commission mee-ting of October 2, 1979. (Copies enclosed.) Minutes of the Public Library Board meeting of October 9, 1979. (Copies enclosed.) Minutes of the Downtown Development Authority meeting of October 10, 1979. (Copies enclosed.) Minutes of the Parks and Recreation Commission meeting of October 11, 1979. (Copies enclosed.) Memorandum from the Director of Engineering Services to the City Manager concerning his attendance at the International American Public Works Congress and Equipment Show, September 23 to 27, 1979. (Copies enclosed.) (g) Memorandum from the Director of Public Works to the City Manager concerning his attendance at the International American Public Works Congress and Equipment Show, September 23 to 27, 1979. (Copies enclosed.) 6. Communications -Action Recommended . Memorandum from the City Manager concerning an EDDA proposal relating to improvements of parking and enhancement of business places in the 3400 block of South Broadway, South Lincoln and the 00 block of East Girard and East Hampden. (Copies enclosed.) • I • • - ( • • • Page 3 November 5, 1979 Agenda 6. Communications-Action Recommended .(Continued). ~·(b) Minutes of the Water and Sewer Board meeting of October 16, 1979 with a recommendation concerning Annexation to South Arapahoe Sanitation District Supplement 25. (Copies enclosed.) ~(f) Recommendation from the Planning and Zoning Commission meeting of October 16, 1979 concern- ing a right-of-way vacation on West Quincy Place. (Copies enclosed.) Recommendation from the Planning and Zoning Commission meeting of October 16, 1979 concern- ing a vacation of eight feet dedication in Timber Lea Planned Development. (Copies enclosed.) Memorandum from the Acting Director of Finance to the City Manager concerning the annual renewal of various liquor licenses within the City of Englewood. (Copies enclosed.) 7. City Attorney. Ordinance on Final Reading. <2_.@ J!+d. (a) Ordinance approving an agreement between the ~~-~ City of Littleton and City of Englewood relating ~ ~~J --to the Bi-City Plant. (Copies enclosed .) Bills for Ordinances. c.vc?Yr !}"~-~ L<b> j{).-0 ad "" 6 .iJlft Bill amending Subsection (a) (8) of Section 9, Chapter 4, Title XV, of the 1969 Englewood Municipal Code by increasing the schedule of rates a?d charges for sewerage service. (Copies enclosed.) ( • Bill repealing and reenacting with amendments Chapter 11, Title XI, of the 1969 Englewood Municipal Code providing generally for the licensing and control of dogs and cats and other domesticated or farm animals; generally providing for impoundment, licensing, hobby breeders operation, vaccination, records, cruelty to animals; and providing penalties for violations thereof. (Copies enclosed.) I • • - • • ( • • • • Page 4 November 5, 1979 Agenda 1. City Attorney (Continued). Bill amending Chapter 9, Article XI, by adding ll~~~~~~~~~a new section relating to shoplifting and right to detain and question and declaring an emergency. (Copies enclosed.) f~ -"~ (e). Bill amending Chapter 2, Title XIV, of the 1969 '-f'Y~J~~!? 0 u ~Englewood Municipal Code (Modification to Model . ~ ~~ Traffic Rules) by adding a new section thereto .• ~ ~ ~ relating to residential on-street parking permits . ~~ (Copies enclosed .) ~ ~ ~.5 Jt4w Resolutions . (f) (g) (h) Resolution requesting the discharge permit for the Old Englewood Sewage Treatment Plant to be reissued by the Water Quality Control Division of the Colorado Department of Health . (Copies enclosed.) Resolution urging Region 8 Office of the Environmental Protection Agency to make available federal funding for expansion of the Bi-City Treatment Plant . (Copies to be transmitted.) Resolution requesting Water Quality Control Commission of the Deparment of Health forthwith finalize the stream classification and discharge requirements for the discharge of treated sewage effluent . (Copies to be transmitted.) Proclamations. (i) Proclamation proclaiming the second week of November as Youth Appreciation Week. (Copies enclosed.) (j) Proclamation proclaiming the week of November 18 to 25, 1979 as Bible Week. (Copies enclosed.) (k) Proclamation proclaiming November 14, 1979 as Operating Room Nurse Day . (Copies enclosed.) Other Matters . Littlehorn vs City of Englewood Findings, Con- clusions and Judgment. (Copies enclosed .) Attorney's Choice . • I • • v l n - c • • .. I • Page 5 November 5, 1979 Agenda 8 . City Manager. (a) .ttt.rv· (b) Ordinance on final reading adopting the budget of the City of Englewood, Colorado, for the fiscal year 1980. (Copies enclosed.) Ordinance on final reading appropriating monies for all municipal purposes in the City of Engle- wood, Colorado, in the fiscal year beginning January 1, 1980 and ending December 31, 1980, constituting what is termed the annual appropriation bill for the fiscal year 1980. (Copies enclosed .) Memorandum from the Director of Community Develop- ment to the City Manager concerning authorizing administrative approval of encroachment requests that do not involve non-movable structures in the public right-of-way. (Copies enclosed.) Memorandum from the Chief of Police to the City Manager concerning a Resolution supporting the construction of a Firearms Training Facility on the Spring Gulch Land. (Copies enclosed.) Memorandum from the City Manager concerning the Building Code Review Committee appointments. (Copies enclosed.) Manager's Choice. 9. General Discussion. (a) Mayor's Choice. (b) Councilman's Choice. /J 1~. A~journment . v~Jld~ ANDtMC COWN City Manager I . . • - • • - ROLL CAll Moved Second@d AYe Nay Abstafn Absent Wflffam ~ ,'i../_.,.,, Slnfti: CTarton Mann Jl".ayor lay_!_E r I . • - - ., 0 • • (, • • • !ll?E n 8 -~- ROLL CALL ~ l.Y s Wffi1am~.a 1.-- A Ab taf ~~ I-- _:)!Ill tr. ,__ .*--' Cl~ton ,__ Mann __,..~ _Ia y_,_p r ..lt!::::= n Ab t sen ~ I . . • - • - - ROLL CAlL 0 ~ !l. s n sen Wf.L!.1 Bllll:..L ..!:::::=_ .Jc::.. ~~ ,_.. A Ab tat Ab t ~n c..- ~ ..1:::::::::._ Cl~ton .,__ Mann ..!."!l_Or .!. a j:_'_P r ~ ~ j tJ..--~10 I S-'l1 • • I . • • - • • ROLL CALL • I . • • - • • ROLL CALL ~ lY s n sen Willi~ ,__. .. .----~ '-""" A Ab tlf Ab t -~1'tn ---Clnton Mann c.-- L--_l".ayor _Ia:;]_Er ,..._-- /c- I I . • • - • • - ROLL CALL onded Aye NIY Abstatn t Wi111111tS ~· ........ -~~ ~ Sill1t1f ~-- I..,-Clutii"n c..--Mann ,_--l':ayor Ta·~_pr ,__. • I . • • • • • - ROll CALl llv Abstltn -A- -I Seconded I I ...,.... Wfll1UI~ r- ~ r- r- Absent r-~·, n r-Ham;;- r-C'Wton .... MIM -f N)Ur T!.i.,1~! .. J .._ -- • • I . • , • • - • r. • ROLL CALL AYe Nay Abstatn Absent Will1U1$. c.--,_. &.--,. :1111~rr &....- Cl<tYton f.-. Mlnn L--I'IIYOr Tay_l_p r ...__ I • • I . • • - • • - ROLL CALL Absta fn Absent c{fb . • • I . • • • - • . . I • - ROLL CALL Absta fn Absent I . • • • - • • - ROLL CALL I . • • • - • • • ROLL CALL • • I . • • .' • do_ • - • • - < ROLL CALL A Ab tit Absent we IY s n .'1M Will1&11S c...--,... ~ -5111ffr. -Hl~r ,__ Clarton -MaM -".ayor Tay_1_Er - • • I . • • • ...,l f:'l ___ _ • - • • - ROLL CALL Abstlfn Absent • • I . • - • .. • ROLL CALL 0 Aye Will1am~ Nay Abstlfn Absent ~- ;)Ill r. HarD@r Clavton Mann ".avor Tay_~c.r • I . • • - • • - ROll CALL A Ab tit Absent 'Yf! IY s n /..-Wil1f&lllll. (.;;;;; ~71' ..__ -siiiffn ~ L--CtiYton -Mann .__ Jl'.ayar Tay_) c:r ...--~~ ~ ..... • • I . • • - • • -- Wfllfam~ ~@ Ni.Y Abstafn ~t _llf"b.r ] ~ ..lhtrD@r CJ~ton Mann -~~"~or _laj••cr --- • • I . • • • - • • ----===- ROll CAll WilHatns Aft lilY Abstafn Absent ....... ..: _.lllll'tll __HA~r ClAYton MAnn l"olyor Tay! cr • • I . • • - • • --- r Oftd@d I Williallls.-AW! ... Abstatn Absent L.. ~· J uu.l: .;)1111 ~IY I.- Clarton I Mann ,.oaYOr Tay ~nr 3SJ(S ~-- . I I . • - • • ----· -- ROll CAll 0 Willfaml' Ave lilY Absutn Absent I ·~ ;)1111ti: HaM;; .. Clavton Mann ~or Tay_~r • I . • • - • • ROLL CALL "ft Nay Abstah1 Absent WilHam~ w..,_----; ;)Ill' r. HarDf"r Clavton Mann Ji".ayor Tay_l_!:r 1 • • I . • • • - • • • ROll CALL WfllfiiM Aw flly Abstafn Absent .,......,;; . :)1!11tr. Harna~ Cruton Mann ~Yor Tay_lcr ---- • • I . • • • - • • - ROLL CALL WfllfBIIl!: Ave Nay Abstatn Absent ~ ;)1111 r. H.lo ........ Clavton Mann !tuWn l".ayor Tay_'!_2r • • I . . - - • • • • • ROLL CALL Noved Seconded Wf11fam!: Aye Nav Abstafn Absent w..._-;- :smar. ~ Clavton Mann lo'oiYor Tay_!_Er C!;Z t9)( ~ ~ fM{!'T5_PJ I ~ ~ ~ • 'JnL ~~-rro£L po a /n~ '/~ ~-vv...U-~ ~ ~~ n1.L-I~ . -/}GO dtuu ~ /n~ --v-_KitbU ~.;;&~~ -d-Uuid ~~Jvm~ I . • I I • - • • ROLL CALL Wfl .1&m!: Ave NIY Abstafn Absent WAhar ;)Ill' r. Harll@r Clavton Mann ~.ayor Ta y_'!.Er • • I . I I • - • • ROLL CALL Moved Second@<! Wflli&lll !: Aye Nn Abstafn Absent w,.,._--;- ;)!IIi ll Ji&l'Der Clavton Mann rw".ayor ray_. c r ~~·nu ·/~- - • I . • • ' i • - • .. l . • ,:a!!! .. ROLL CALL Moved Second@<! WflJfamJ: Ave Nav Abstafn Absent .Wi!>lw>r ;)llllti: .JJaroer Cla.Yton Mann "'.aior Tay_1_P.r I . • - - • I I • • • ROLL CALL Wf]lf~ ~ 1&1.}' ~~ _;:)1111tn _ClDton HI on. ~yor ray_l_Er Absutn Absent I . • - • • - ROLL CALL Absutn t • I . • o __ • - • • - ii?i 9 ROLL CALL • I • - - a • • -· • ROLL CALL HoYed Onded Aye Wfllfa111s Jiiii!IYor ;)1111tn HnD;; Clt.Yton Mann Mayor Tay__l!:r ~ /0,' ll) f?l"h, ~ 1~/&0(]Inl. • Nay Abstafn Absent I I I . ------" • - • • - ROLL CALL No ed s.c ncled y 0 1\Ye IY Nfllfa111~. /....---~./"£ L--5111ftil ,__ --;-; A Cl&Yton I--Mann r.avor laJ.:!!:r v- • Ab sta n Ab t sen 1.-- • \ 1 I . • - • • - a r ROLL CALL No ed Sec nd y 0 ed 'Ye IY Abstafn bsent WfTTfam~ A Ne A w,.h;;- 5mlti1 Harru;;;" Cla.Yton Mann ....,...-ayor Tay_l_!: r • • I . - - • • • • • ROLL CALL Wf]J1am~ AYe Nay Abstatn Absent _11.W.r ~~lti'l Harn.r Clayton Mann ll"~or Ta y_'!_!:r 0 -~'\IVY)\ nr; a~ ~~ ~~ • I . • - • • • • ROLL CALL Noved Seconded Aye Nay Wf llfams. L-Abstatn Absent £.--~<€( 1-- :lllllti: L- L--Clayton '---Mann Mayor ray_l_Er ------"- --------~-~ 'f't /lu;~0!~ . ,.,~~~~ 'f:':~ G '-<;. _v>0 rf rv ~'--'tf ~ ~-a-u __ {t<O_k.u:l._ t;Lu~ ~· ~ 6' ~ 7 fo-<U--"' /u-~ ~~ . ---- I . • • - • • ROLL CALL Moved Second d @ Ay@ Nay Wf111ams. Abstafn Abs@ftt ~JI{"f; 5mftif /,? .-. Clavton Harm_ ~or ray_l_pr • I . • I I • - • • ROLL CALL No ed Sec nd@d ., 0 1\ve Hav stafn bsent WflJfami J-~~:.,Jl e.--:>1111tif A Ab A ~ Cla.Yton Mann -p,-ajor Tay_l!:r -------~ • I . • • ~-o- • • J - ROLL CALL -!I Noved Second@<! Nav Absufn Absent Ave Wfl11aml: Clavton I • • ' u I . • \{. . • - • • ROLL CALL Ho ed Sec nd@d A Na Ab tat Ab t y 0 ~e !l.. s " sen WU11a~ .J. ..llliiiiiK ,6;:£ ~ ~ ..J.::::::. -C.!ttton Mann ~ -~<!z_or __!_ a.J_!_pr -=== I . • • - • • ROLL CALL Oncf@d ~e ~ sta n sen ®18111~ A ... Ab Ab t ~r ~nn Jtan»r CJMton Mann ""yor _!ay_l.Er • • I . • • - • • ROLL CALL A Ab uf Ab t 0 1\Ye l.Y $ n sen Wf..u_1ams.a,. --~ ...-u cJ/. ~ ~n - ~ Clttton Mann -~or _!ay_1 r.r - I I I . • • - -· • - ROLL CALL WfJlfa~ Ave Nay Absutn Absent ~Jt'L_., _,)IIJ_!!fl' Cl!t_ton Mann ~or _!ay_l_Er ro~~ rJ ~ ~;u~ • I . • - - r • • • I I • • • ROLL CALL , Wf11fa11~ Aye Nav r ~..8 ::illlfttl -~ C1llvton Mann llliVor ay_l_!lr ~~ ~ IJ frJ /) IU-1 ~ry. ~ ~4 Abstafn Absent I . • - • • r ----------=~~~~==~--~~==~--------~~ ROLL CAll W1111a111~ Aye Mly Abstlfn Absent ~ ::lllll'ltll Ha ...... ----;- Cl(Yton Mann I JP.ayor Ta /_,E r _1 • • I . • • - • • - ROLL CALL Moved Second~ Aye Nay Abstafn Absent Wfllfiiii!S-'------_)1111tj( <..----u-:: Clavton ....._._ Mann ~ Mayor la"Y_'!!:r ....,_..;;; • I . • • • - • • - ROLL CALL Abstafn Absent • I . • • - - • • • • ROLL CAll y 0 ~e !l.. s n Hf..u_fam~ «-- A Ab taf . :JC:I. ..... ......... ~ ~'!..Yl -L-- C]llton --Mann !!!l_or J..~_f2r 6Q/. e~ c__g ·r~~ /)~ ~({~~ • Ab t sen I . ' I • - • • ROLL CALL Moved Second@(! Wf111aml;. ~e Nav Abstafn Absent """"" ~·~ :>1111tr. ,_. Clavton Mann Ti'.ayor Tay_J.p r • -------------- • • I . • • • l o __ _ • - • • ROLL CALL Hoed s ndd v eco e ~Ye IY s n sen Wf]Jfaml: '-- A Na Ab tat Ab t ~~ :smarr J!.\roer ClCIYton -.Mann _Mayor Ta y_l_E.r - • • I . • • - - • • • I J • • • ROLL CALL wn 1t1111~ AYe Nay ~~A. .;Minl:n ..w.iiiiiiiiij; Clarton Mann "'.a.Yor Tay_l_Er Abstatn ~t I . • • - • • - f ~-- ROLL CALL Moved Seconded Wfllfam!; Ave Hav Abstafn Absent c..---.<:Mt'· ;:,m;rtn ,___ CJavton I Mann I Jllla.Yor ray_~r ~ - • • I • • - • • - f a ROLL CAlL Sec Moved Ond@d An Nav A sta n sent Wfllfa~ -7? ~/'C- b Ab SiiiltiY - ~ Clavton Mann -....ayor Tay_'!.Er .::::;:;::: 7 .b • • I . • • • • - f :;: • --- ROLL CALL ~ Wf llh'!J.l. ~e ~ sutn Absent -A Ab ~~ ~"!.!!!_ ~ Cl~ton Mann ~or ray_!E r ~ • ---------:------------=-----~-~~Wn/u ~~,~~c~ . --- • I . • • - • • - a ROLL CALL Abstatn Absent • I . . • • - • • - - ROLL CALL y 0 ~e ~ s n sen Wf_ufall!; -A Na Ab tlf Ab t ~~ --~ - <;]_~ton -Mann -..!!!l_or _!ay_J_pr - I . . • - - • • • • • • = ROLL CALL 'I 0 ~e !.!.. s n sen Wf_Uiam~ A HI Ab tlf Ab t ~ -~ _;)lftltn -... ...!::::::::::_ C~ton -Mann _!'Ia _yo r _! a_y_!_E r - 1 e.-(!_ 13 -t1 6~ () (f~d J>Vp~ £.~ t ~M rt5D F * I . - - c ;:!L • • 0 ed ,_- ~ 7( • • • ROLL CALL A 'Ye NaY Absta n Abs ent Wi_ll1am~ ---A't.L.. - ~l'trr --ClaYton -Mann _!"_oi}'Or _!~y_"!_Er - I . • - • • f -'- ROLL CAll 0 ~ye a_y s n en Wf_ll1amJ: -A Ab tat Abs t ~L::f --)lllltr. -HarD@r -Clt.vton -Mann --"'.a_y~r _!ay_l_Er - I . • - - f • • • ROLL CALL Moved Seconded 'f! l11111S, . J,...---......... L'fJ..o<~. ,_-;;llllll_l.n Cl•vu.n Mann ~r Tay_l_Er -~~ch ~"~ FGLtf (J!Lc_, • Aye Nu_ Ab t Absent sta n I . • - • • - £ - ROLL CALL y ~e ~ sta n ent ltllif~o; -No ed Seconded A W.....l1 - ~ -~r Cllrton -Mann -_l'iiiYCU' Tay_l_Er ,_ • I . • • , I • - • --- ROLL CALL Absufn Absent • • I . . • • - • • - ROLL CALL Noved Seconded Abstafn Absent • I . . • • - • • • • I • • • • • - • • - ROLL CALL Aye Nay Abstlfn ent Nfllf&lll!l -Abs ~ -1.--_:.'lllll_t.n -~ ~ ClAYtOn -T Mann I'IIYGr Tay_l_E.r - r( . 7 . rd I . • • - • • - ROLL CALL ~e ~ s " WfJlflllls ...-A Ab tat W.....Aii. --~!!!'l , ~ ~ CllYton -I Mann -~r _Taylor I . • - - • • • ROLL CALL A 'Ye I.Y Wi_ll1aii1J; Ab taf s n Ab t sen Wl!blor ;:,mttn Ha~r ClMton Mann ~r _!~y_!_Er 1f.C2A~K~~ a ~r~~ • I . • - • • - ! ROll CALL A ~ I.Y sta n ent '-"""" Will1BIIIS. -Ab Abs ...... .........ft .... ;)linn - Clavton -Mann I'IA.YOr Tay_l_pr - I . • • • • - • • - ROLL CALL NoYed Seconded Ave Nay Abstatn Absent .....-William~: W..twor -:illl1til -Harrwor -Cl..Vton -Mann -]llajor _Tay_l_pr - • • I . • • - • • - ROLL CALL flloYed Second~ Abstltn Absent r.r • • I . • • • - • , . • - ROLL CALL Moved Seconded v Abstafn Absent • • I . • • • • - • • - ROLL CALL Moved Seconded Abstatn Absent • • I . • • • - _r Moved Oncfed • • • I I • •• • ROLL CALL ~e 1.}'_ Wfllfaml: A ~r ~l_tll ..ltirDer CIJnon Mann ll'layor Ti!r_1_Er • Ab sta n sent I . • - • • ROLL CALL 0 ~e ~ s n sen -WfJ.lfamll --A Ab taf Ab t ...Jileb@r ~n ....l:tiJ:Der C~ton -Mann ~r _!a_i'_~c:r - I . • • • - • • - I • • • I I • - • • ROLL CAg_ Willflllll!: ~e Nay Absutn ~ent -~ ~ _.lllll_'tn -...Ji&n»-; c..---CIIYton Mann _l'lllyor _r a_y_~,. -- &-~ /)/"}~ / ({; ,-c1 s' __) ~0 ~f!!~~~ ~---t?u ;;-;cJ -1 f/ • • I . • • • - • • - -----~----0 ROLL CAJ,i v 0 ~e !l. $ " sen li!Jlflllll: ..Matt A Na Ab taf Ab t ~n ~ Clttton Nann ..!:"!l_O,. ..!. a y_:p,. • • I . • - ·'' • • • • • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO October 15, 1979 l A REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on October 15, 1979, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Hr. Malcolm L. Bartee, Englewood Church of Christ, 4690 South Logan Street. The Pledge of Allegiance was led by Girl Scout Troop 1282. 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 Utilities Fonda Deputy City Clerk Watkins * * * * * * COUNCILMAN GISEBURT MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF OCTOBER 1, 1979. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Abstain: Council Member Williams. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * I . - • • • October 15, 1979 Page 2 • • • Pre-scheduled visitor, Jack Patterson, 3587 South Ogden Street, was not present. * * * * * * Mayor Taylor asked if there were any other visitors wish- ing to be heard. Terry Marinkovich, 5699 Green Oaks Drive, Littleton, appeared before Council. Ms. Marinkovich stated she was repre- senting All Souls Catholic Church, 435 Pennwood Circle, in a re- quest that a public hearing date be set for their special events liquor license application. Ms. Marinkovich stated the appli- cation is for a fund raising dance on November 17, 1979. COUNCILMAN CLAYTON ~VED THAT THE HEARING DATE FOR THE SPECIAL EVENTS PERMIT APPLICATION FROM ALL SOULS CATHOLIC CHURCH, 435 PENNWOOD CIRCLE, BE PUT ON THE DOCKET NOVEMBER 5, 1979, AT 7:45 P.M. Councilman Giseburt 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 Williams. The Mayor declared the motion carried. * * * * * * There were no other visitors to be heard. * * * * * * "CoDIDilnications -No Action RecolDilended" on the agenda were received: (a) (b) (c) Minutes of the Housing Authority special meeting of August 22 and regular meeting of August 29, 1979. Minutes of the Parks and Recreation Commis- sion meeting of September 13, 1979. Minutes of the Planning and Zoning Commis- sion meeting of September 18, 1979 • • I • - ·' (C • • • • October 15, 1979 Page 3 (d) (e) (f) (g) • • • Minutes of the Downtown Development Authority meeting of September 26, 1979. Financial Report through the month of August, 1979. Municipal Court Activity Report for the month of September, 1979. Memorandum from the City Clerk to City Council certifying the candidates for the November 6, 1979 election. * * * * * * Council granted City Manager McCown's request that agenda item 6 (a) minutes of the Water and Sewer Board meeting of September 25, 1979, be delayed until Hr. Fonda, Director of Utilities, ar- rived and could discuss the Board's recommendations. * * * * * * City Manager McCown discussed the current vacancy on the Election Commission and presented letters of several people who have expressed interest in serving on various boards and commis- sions for the City. Hr. McCown stated the current vacancy was created by the resignation of Betty Keena. The term expires on February 1, 1982. COUNCILMAN SMITH MOVED THAT A. A. HALL BE APPOINTED TO FILL THE VACANT POSITION ON THE ELECTION COMMISSION. Council- man Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Harper, Clayton, Taylor. Council Member Williams. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. 40 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 43 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 5, CHAPTER 4, TITLE • I • • - • October 15, 1979 Page 4 • • • XV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY REVISING THE SYSTEM OF CHARGES FOR SEWER TAPS BY CHARGING FOR SAID TAPS ON THE BASIS OF WATER METER SIZE; AND INCREASING THE SEWER TAP FEE INSIDE AND OUTSIDE THE CITY; DELETING THE RATE SCHEDULE FOR SEWER MAIN EXTENSIONS FOR INDUSTRIAL AND COMMERCIAL PROPERTIES INSIDE THE CORPORATE LIMITS OF THE CITY OF ENGLEWOOD. COUNCILMAN CLAYTON K>VED TO PASS COUNCIL BILL NO. 43, SERIES OF 1979, ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY COUNCIL BILL NO. 42 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE APPROVING AGREEMENT BETWEEN CITY OF LITTLETON AND CITY OF ENGLEWOOD RELATING TO THE BI-CITY PLANT. COUNCILMAN CLAYTON K>VED TO POSTPONE COUNCIL BILL NO. 42, SERIES OF 1979 UNTIL nlE NEXT REGULAR COUNCIL MEETING. Councilman Smith seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes : Nays : Absent: Council Members Will i ams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN HARPER MOVED TO APPROVE THE PROCLAMATION DE- SIGNATING OCTOBER 24, 1979, AS UNITED NATIONS DAY. Councilman I . • -I n • October 15, 1979 Page 5 • • • Clayton 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 presented the procla~tion to Marten Lathrop who has been appointed by the Mayor as the Englewood Chairman for United Nations Day. Mr. Lathrop accepted the proclamation and thanked the Council for the honor. Mr. Lathrop announced that a special pro- gram commemorating the day has been planned at the Elsie Malley Centennial Center on October 27, 1979. * * * * * * COUNCILMAN CLAYTON MOVED TO APPROVE THE PROCLAMATION DESIGNATING THE WEEK OF OCTOBER 21-27, 1979, AS "NATIONAL BUSI- NESS WOMEN'S WEEK". Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper , Clayton, Taylor. None. The Mayor declared the motion carried. There was no representative in attendance from the Na- tional Federation of Business and Professional Women's Club to accept the proclamation. Mayor Taylor stated Ms. Marjorie Hargadine from the Englewood Business and Professional Women's Club was the current state president. Mayor Taylor commented on the favorable recog- nition and honor such an appo i ntment brings to Englewood. * * * * * * City Attorney Berardini gave a report on the results of the case of Councilman Vern Mann vs. the Englewood City Council. Mr. Berardini stated the judge heard the case last Thursday and has ruled that the preliminary injunction be denied and the case I • • - • • • October 15, 1979 Page 6 • • • be dismissed. Mr. Berardini stated the case may be taken to a high- er court; however, he did not know of any motion filed by Mr. Mann's attorney to do so at this time. ORDINANCE NO. 41 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 46 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, FOR THE YEAR 1980 AND ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD COLORADO DOWNTOWN DEVELOPMENT AUTHORITY. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 46, SERIES OF 1979, ON FINAL READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 48 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD • COLORADO, FOR THE FISCAL YEAR 1980. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 48 • SERIES OF 1979, ON FIRST READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: I . • - • • October 15, 1979 Page 7 Ayes: Nays: Absent: • • • Council Members Williams, Giseburt, Harper, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 47 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGIN- NING JANUARY 1, 1980 AND ENDING DECEMBER 31, 1980, CONSTITUT- ING WHAT IS TERMED" THE ANNUAL APPROPRIATION BILL FOR THE FISCAL C: YEAR 1980. • COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 4 7, SERIES OF 1979, ON FIRST READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried • RESOLUTION NO. 40 SERIES OF 1979 * * * * * * A RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET. City Manager McCown stated the resolution concerns the grant received from the Colorado Department of Highways, Division of Safety, for a traffic engineering study • I . • - • October 15, 1979 Page 8 • • • COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 40, SERIES OF 1979. Councilman Giseburt 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 Williams. The Mayor declared the motion carried. RESOLUTION NO. 41 SERIES OF 1979 * * * * * * A RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET. City Manager McCown stated the resolution concerns the purchase of the mini-pumper for use in the Englewood Fire Depart-ment. COUNCILMAN SMITH K>VED TO PASS RESOLUTION NO. 41, SERIES OF 1979. Councilman Giseburt 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 Williams. The Mayor declared the motion carried. RESOLUTION NO. 42 SERIES OF 1979 * * * * * * A RESOLUTION AMENDING THE GENERAL FUND BUDGET FOR 1979. City Manager McCown stated the resolution concerns a correction to be made in the Road and Bridge Fund and budgeting monies to the Public Works (Streets) budget. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 42, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: I . - • • • • • October 15, 1979 Page 9 Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Di- rector of Community Development concerning establishment of a Building Code Review Committee for the purposes of reviewing the 1979 National Codes and improving communication relations between the Building Department and the public. Mr. McCown stated the Director recommended that the following committee be comprised of the following : l. 2. 3. 4. 5. 6. 7. 8. Four contractors. One member from the Downtown Development Authority. Two members from the Chamber of Commerce. One architect. One member from the Home Builders' Association. One member from the Board of Realtors. One member from the Board of Adjustment and Appeals. Two citizens. Mr. McCown also discussed the tentative schedule for which the Council would formulate the committee and expect a final report from said committee. COUNCILMAN CLAYTON MOVED THE COMMITTEE BE ESTABLISHED TO REVIEW THE BUILDING CODES AND BE MADE UP AS FOLLOWS: l. FOUR GENERAL CONTRACTORS TO INCLUDE ONE LARGE GENERAL CONTRACTOR, ONE SMALL GENERAL CONTRACTOR, ONE ELECTRICAL CONTRACTOR, AND ONE PLUMBING AND MECHANICAL CONTRACTOR. 2. ONE MEMBER FROM THE BOARD OF ADJUSTMENT AND AP- PEALS. 3. SEVEN CITIZENS TO BE APPOINTED ONE BY EACH COUN- CILMAN. Councilman Giseburt seconded the motion. -'' Councilman Smith spoke against the motion. Mr. Smith stated the purpose o f the recommendation was based upon complaints • I • - • October 15, 1979 Page 10 • • • from people attempting to build businesses in the City of Englewood and not from the general citizenry. Therefore, the Committee should be made up of those people interested in improving the business com- munity with some citizens to monitor it. Councilman Clayton stated people from the various as- sociations could be appointed to the committee by each council-member. Councilman Harper stated the representation outlined in Mr. Wanush's memo was very broad and urged defeat of the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Clayton. Council Members Williams, Smith, Harper, Taylor. Council Member Mann. The Mayor declared the motion defeated. COUNCILMAN SMITH MOVED TO ADOPT THE OUTLINE OF THE BUILD- ING CODE REVIEW COMMITTEE AS OUTLINED IN THE MEMO OF SEPTEMBER 17, 1979, FROM MR. WANUSH. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Harper, Taylor. Nays: Council Members Giseburt, Clayton. Absent : Council Member Mann. The Mayor declared the motion carried. Councilman Smith suggested that the positions for the citizen membership be advertized in the newspaper and that staff contact several contractors to solicit their participation and then bring back recommendations to Council. Council agreed with Mr. Smith's suggestion. Mayor Taylor recognized James Keller of the Downtown De- velopment Authority and asked if he had any questions concerning the committee. Mr. Keller asked if eligible members had to be residents of Englewood. • I • - • • October 15, 1979 Page 11 • • • City Attorney Berardini stated he did not think it would be a legal requirement to be a resident. City Attorney Berardini added that the codes themselves have been drafted by individual organizations throughout the entire United States and are almost national in scope. Mr. Berardini stated Council may want a broad representation and not limit it to the City itself. * * * * * * City Manager McCown presented and discussed a memorandum relating to the Six-Quarter Budget for the period of October, 1979, to March, 1981, and the related resolution amending only 1979 por-tion of the budget. RESOLUTION NO. 43, SERIES OF 1979 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 43, 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. COUNCILMAN SMITH MOVED TO AMEND THE SIX-QUARTER BUDGET AS PRESENTED AND THAT LITTLE DRY CREEK FOR 1980 BE REDUCED FROM $531,625 TO $324,625 AND THAT THE REDUCTION TOTALS $207,000; AND THAT THE $207,000 BE DISTRIBUTED AS FOLLOWS : $135,00 TO jHE ENGLE- WOOD DOWNTOWN DEVELOPMENT AUTHORITY, $32,000 TO THE PISTOL RANGE, AND $40,000 FOR DUNCAN PARK. Councilman Clayton seconded the mo- tion. 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 • - • • October 15, 1979 Page 12 • • • City Manager McCown stated the Director of Utilities, Stu Fonda, had arrived and was prepared to present agenda item 6 (a) the minutes of the Water and Sewer Board meeting of Sep- temeber 25, 1979, and the recommendations contained therein. Director Fonda appeared before Council and presented the recommendation concerning Supplements 68, 69, 70, 71 South- gate Sanitation District. COUNCILMAN CLAYTON MOVED TO APPROVE SUPPLEMENTS 68 , 69, 70, 71 TO SOUTHGATE SANITATION DISTRICT SUBJECT TO RECEIPT OF LET- TER FROM SOUTHGATE SANITATION DISTRICT THAT ACKNOWLEDGES UNDER- STANDING BY THE DISTRICT THAT NO ADDITIONAL TAPS WILL BE GRANTED UNDER THE TAP ALLOCATION FORMULA BECAUSE OF THE ADDITIONAL LAND ADDED TO THE DISTRICT UNDER THIS AND FUTURE SUPPLEMENTS. Council- man 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. * * * * * * Director Fonda stated the Water and Sewer Board is also recommending participation in the Denver Water Board Weather Modi- fication study. Mr. Fonda stated if enough interest was shown by local municipalities along with the financial support, then the Denver Water Board stated they would be willing to go and ask the governor for matching funds for a larger study as well as the fed- eral government that would ultimately result in a weather modifi- cation program. Mr. Fonda stated the study was more or less a cloud seeding study. Mr. Fonda added such support would also show Englewood's appreciation for the Water Board's help in the water main break crisis this summer. COUNCILMAN HAPRER MOVED TO APPROVE PARTICIPATION IN THE DENVER WATER BOARD WEATHER MODIFICATION STUDY AND TO APPROVE FUNDING $1,000 TOWARDS THIS EFFORT. Councilman Clayton seconded the motion. Councilman Harper stated the Water and Sewer Board asked that he relay to Council that they thought participation was i~ portant to the City of Englewood because of the cooperation shown by Denver this summer and for the need of the study of the problem for the future • I . ...... ~· • October 15, 1979 Page 13 • • In response to Councilman Clayton's question, City Manager McCown stated funds were available in the budget to participate in the study. At the request of Mayor Taylor, Director Fonda explained that the main purpose of the weather modification study was to ex- amine the effects of cloud seeding. Mayor Taylor stated he was skeptical of a project of this type even though a small amount of money is involved. The fact that Denver helped Englewood this summer leaves two things to be consider- ed -1) Englewood would reciprocate help if Denver were to have an emergency; and 2) Englewood paid for the water that was used at a metered rate. Mayor Taylor stated he did not believe in the concept of cloud seeding. City Manager McCown stated the Denver Water Board is more interested in studying the long-term results of cloud seeding rather than the effectiveness of cloud seeding itself. Upon a call of the roll, the vote on Councilman Harper's motion resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton. Council Member Taylor. Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor discussed establishing a liquor licensing authority. The Mayor asked that the City Attorney draft a model ordinance establishing the agency and its responsibilities for dis- cussion at a study session in the near future. * * * * * * Councilman Smith requested information concerning the problems with Phase II of the Bi-City Plant and the general over- all tap problem the City was now experiencing. Hr. Smith stated he would like to see resolutions that have been passed by Little- ton for some coordination between Englewood and Littleton, resolu- tions for Englewood to pass, and letters from the sewer sanitation districts at the next regular Council meeting. Hr. Smith also re- quested that the staff contact the Colorado Municipal League for the purpose of getting on the National League of Cities' agenda I . - - • • • October 15, 1979 Page 14 • • • with the appropriate committee to present the resolutions. Smith recommended that the resolutions include that they be to the Capital City Conference in March of 1980. Mr. Smith gested that copies of the resolutions be sent to the proper lators. Mayor Taylor instructed the City Manager to follow through on Councilman Smith's request. * * * * * * There was no further business to discuss. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE MEETING. Mr. brought aug- legis- Mayor Taylor adjourned the meeting without a vote at 8:50 p.m • I • - - • SPECIAL MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO October 22, 1979 The meeting was called to order at 7:45 p.m. by Eric E. Johannisson, Deputy City Clerk, in accordance with paragraph 1-4-5, Englewood Municipal Code. Upon a call of the roll , the following were present: Council Members Present: Williams, Smith, Giseburt, Clayton. Council Members Absent: Harper, Mann, Mayor Taylor. Mr. Johannisson declared that in accordance with para- graph 1-4-7, Englewood Municipal Code, a quorum was not present. John Criswell, an attorney representing the applicant for a Retail Liquor Store license, and H. Alan Dill, an attorney representing individuals opposing the issuance of the license, requested that the Deputy City Clerk not adjourn the meeting for another five minutes to see if another Council member might arrive. The request was granted by Mr. Johannisson. The meeting was recessed at 7:48 p.m. The meeting was reconvened at 7:55 p.m. Deputy City Clerk Johannisson announced that a quorum did not exist. City Attorney Berardini stated that after adjournment, the Council members present would meet to call a special Council meeting at which a new public hearing date would be set. The ap- plicant and other interested parties would be notified of the new date. Mr. Johannisson adjourned the meeting at 8 :00 p.m. I • • - 'c! • • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO October 25, 1979 l c SPECIAL MEETING: In accordance with 1-4-5, Englewood Municipal Code, the meeting was called to order by Deputy City Clerk Johannisson at 5:40p.m. Upon a call of the roll, the following were present: Present: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton. Council Members Mann, Taylor. Mr. Johannisson declared a quorum present. * * * * * * Also present were: City Manager McCown City Attorney Berardini Deputy City Clerk Johannisson * * * * * * There not being a Mayor or Mayor ProTem present, Mr. Johannisson asked for nominations for a temporary chairman. COUNCIL MEMBER WILLIAMS MOVED TO ELECT COUNCIL MEMBER CLAYTON TEMPORARY CHAIRMAN. Council member Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: chairman. Ayes: Nays: Absent : Council Members Williams, Giseburt, Smith, Harper, Clayton. None. Council Members Mann, Taylor. Mr. Johannisson declared Council Member Clayton temporary * * * * * * Mr. Clayton stated that the purpose of the meeting was to set a public hearing date to consider the Retail Liquor Store License application of KPL, Inc. COUNCIL MEMBER WILLIAMS MOVED TO SET A PUBLIC HEARING ON NOVEMBER 12, 1979, AT 7 :00 P.M. TO CONSIDER A RETAIL LIQUOR STORE LICENSE APPLICATION FROM KPL, INC., TO BE LOCATED AT 701 WEST HAMPDEN, THE KING SOOPER COMPLEX. Council Member Giseburt • I • • - - • • • • • • October 25, 1979 Page 2 seconded the motion. Upon a call of the roll, the vote resulted as follows: 6:00 p.m. Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton. Nays: None. Absent: Council Members Mann, Taylor. Temporary Chairman Clayton adjourned the meeting at . ' Deputy • ., - I • - • • • • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO October 27, 1979 l D SPECIAL MEETING: The meeting was called to order at 7:47 a.m. by Deputy City Clerk Johannisson in accordance with 1-4-5, Englewood Munic-ipal Code. Upon a call of the roll, the following were present: Present: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton. Council Members Mann, Taylor. Mr. Johannisson declared a quorum was present. * * * * * * Also present were: City Manager McCown City Attorney Berardini Deputy City Clerk Johannisson * * * * * * There not being a Mayor nor Mayor Pro Tem present, Mr. Johannisson asked for nominations for a temporary chairman. COUNCIL MEMBER WILLIAMS MOVED TO ELECT COUNCIL MEMBER CLAYTON AS TEMPORARY CHAIRMAN. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: chairman. Ayes : Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton • None. Council Members Mann, Taylor. Mr. Johannisson declared Council Member Clayton temporary * * * * * * COUNCIL MEMBER WILLIAMS MOVED TO SET A PUBLIC HEARING DATE OF NOVEMBER 12, 1979, AT 6:45 P.M. TO CONSIDER A SPECIAL EVENTS PERMIT APPLICATION FOR ALL SOULS CATHOLIC CHURCH. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • - • • • October 27, 1979 Page 2 Ayes: Nays : Absent: • • • Council Members Williams, Giseburt, Smith, Harper, Clayton. None. Council Members Mann, Taylor. Temporary Chairman Clayton declared the motion carried. * * * * * * COUNCIL MEMBER SMITH MOVED TO ADMINISTER THE OATH OF OF- FICE TO COUNCIL MEMBERS ELECTED OR RETAINED AT NOVEMBER 6, 1979, ELECTION ON NOVEMBER 12, 1979, AT 6:45 P.M. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton. None. Council Members Mann, Taylor. Temporary Chairman Clayton declared the motion carried. * * * * * * COUNCIL MEMBER SMITH MOVED TO ADJOURN. Council Member Giseburt seconded the motion. Temporary Chairman Clayton adjourned the meeting at 7:59 a.m • I • - - • • • 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 SUBJE'CT Beer & Wine License AP I~ 1 i cation 1 lica ssen Inc.-701 W. Ham den Ave. November s. 1979 Visitors INITIATED BY __ ~C~j~ty~C~le~r~k~------------------------------------------ ACTION PROPOSED Recejye Appljcatjon. set Public bearing date. establish neighborh~od Background Franz Hummel Delicatessen. Inc .• 701 W. Hampden. is applying for a Beer and Wine license for his restaurant. ~ Conclusion: • Receive the application. set a public hearing date. establish a neighborhood for petitioning purposes. Franz Hummel and/or John Criswell.his attorney will be present. I . - • • r - .. ~f ~ •• (A.V. tl/711) STATE OF COLORADO r -0 ARTMENT OF REVENUE/LIQUOR ENFORCEMENT .,LICATION FOR A LIQUOR LICENSE Th15 appl ication, tnd til tpplicablt fwl end ltttc:hments, must bt filed w 1 th the Colortdo Depertment of Revenue . Liquor Enforcement Division, Sttte Ctpitol Annex, 1375 Shermtn Street, Oenver Color1do 80281, 13031 839-3741 . Each 1pplicant (including 111 gener1l end over 5% limited Plrtners of pertnership end 111 officers, directors 1nd ov1r 5'1fo stockholders of • corpor1tionl1nd mtntglfl must complltltnd file form DRL 4<M-I, "lndividutl History Record" with this IPPiication. COLUMNA ---La.! .... 0 RETAIL LIQUOR STORE LICENSE.(:Ity I171 .110-S22.110 0 RETAIL LIQUOR STOfiE LICENSE.COUntv 212.110 37 .110 0 LIQUOR LICENSED Of!UGSTORE.Citv 177.110 22.110 0 LIQUOR LICENSED OfiUGSTOfiE.COUntv 212.110-37 .110 II lEER • WINE LICENSE.(:ity 152.110 22.110 OaEER a WINE LICENSE-<:ountv 237 .50 37.50 0 lEER a WINE LICENSE.,.._.-1 70.00_ 30.00 OcLua LICENSE 110.00 1s.oo 0 HOTEL A RESTAURANT LICENSE·Citv a County 301 .25 41.71 0 TAVERN LICE~itv 6 County 301 .:a_ 41.7& {;-ACE TRACK LICENSE 301 .25 41.7& ~RTS LICENSE 110.00 11.00 0ExTENDED HOURS SPECIAL LICENSE ,...,. end Wine . 170.00-30.00 Hotel ond .... _,.nt, Club. T-n. end Arts! 0 TRANSFER OF OWNERSHIP OR LOCATION OoTHER • • • DATE OF ISSUAIIICE OF LIC&IIISE ' LI Q U OR LI CENSE IIIUMBEA ' For "-rwt.ll llcenln dncribtcl in Column A, below, this eppl iu ti on must FIRST BE FILED WITH ANp APPROVED BY THE LOCAL LICENSING AUTHORITY. IMPORTANT: Check the appropriate box for the type of license(s ) beingtpplied for. This is tn origintl tpplication and • copy must be kept in your files for reference when epply ing for renewa l li censes . You mtY tttlch seperete sheets or tdditional documents if necenary to fully complete this application. COLUMN B s .... -0 LIMITED WINERY LICENSE ______ S (110,000 bond requirwdl OwiNERY LICENSE ($10,000 bond rwqu irwd OwHOLESALE BEER LICENSE------ IMov roquiro bond! 0WHOLESALE LIQUOR LICENSE 1$10,000 bond roquirwdl 0 MANUFACTURER LICENSE ------ 1110,000 bond roquirwdl 0 IMPORTER'S LICENSE 0 BREWERY IIEERI LICENSE 0 PUBLIC TRANSPORTATION LICENSE __ uch !Prone. bus, cor! 25.00 250.00 500.00 1,000.00 1,000.00 250.00 250.00 25.00 The undersigned hereby mtkts application for 1 stltl license 11 indicated 1bove, IInder the provisions of Title 12, Article 4 7. CRS 1973 as amended, and for th1t purpose mtkts the following tnswers to the qutstions conttined in this1pplication. Every 1pplicabie question must be answered. Any fllse 1n1111111r or ltltlment mtde by the tpplir.ant herein or in tn ttttchment hereto constitutes perjury tnd the person mak ing such false statements subjects eny lieenst issued herein to revocation . ALL ANIWIIII MUIT • ""INTED IN eLACK INK Olt TYPEMUTTIN 1 . Name 0 APOi icat"'t I : Social SecuritY or Tu;Deyer 1.0. No .· FRANZ HUMMEL DELICATESSEN, INC. 84-0570211 2. TriiCht Name of lttebl lthmeru : fiuslnee~ Telep.,one : SAME I 781-3673 3. Addrea of ~remlen: Claect l ocation of preml-. m u st btl,,..,.,, Qnte "'"'and number, whan possible. If place to be licen•d it located '" • town o r ru r al d i ' trlct where it It lmpoeeible to gtva lt1"Mt and number. the lot and blocil "'"""' or part of MCtion where located must be gtven .• UNIT E2100 CINDERELLA CITY SHOPPING CENTER •· Mal line Acklr .. : C Number and Street) Cltv or Town : lpCOCiO ' 701 West Hampden Avenue En lewood 80110 ounty • Arapahoe Colorado !;•• ,,. • • I • • \ - • • • • • ?. Are thl preml'" owned or I ... CI ? 1$ tllelltd, from whom? OowNEI:I EJLEAS&I:I Anec h c opy of deed , , .... o r connect , enct Interi o r p Jent e n cs ll)llclf lcetio n t of oull d lng, If bu ilt, o r i f not bu ilt, •ttach o l ot p lan , interio r sketcj, a nd ar c hltect"t drawing o f the b uild ing to be c ontttwcted 8 , H" t he appli cln t f iled 1 Form 11 wt~tl tt'l the Internal ,.evenue Service? If ens~r It "no", expl a i n In deuiL OvES NO 10. 11 applicant; or ell over I " partnef't: or ottlcen, over IW. nockholdert o r d irectors of the corporatlort ; citizens of the UnltiNI Ste .. ?lf entwer It "no", g ive name end Alien'• flla .. lttr1tio n Card Number 1nd ltremenent ,. .. ldency Cares number. 11 . It the aopllcent: or any of the over'" partnet't ; or officers, over '" ttockholctert or d irectors o f w id I PPiic:ent (I f 1 corporation ); or man-eer of applicant; uncter me ... of twenty-one v•rs? Oves l151No 12. H .. the epplieant; or -'V of the over'" pennert; or oflloert, over I" ttOCir.hOidert or d irectors of seld app li cant (if a corporation); or emptoyMt of .,pllcent; or.,.,..,,.. leftal"' e.ieunoe or flnenciel wppo" to the eppUC8f't: -.er been convicted of a crime? If answer It "yM", ••Plein in detail. Attach cooiee 811 notet end tec.,.rltv l n~tr.,.,.nn , and any written ..,..ment or deUiilt of any oral egr .. ment , bv which any person (i ncluding a corporation) w ill there in the profit o,. poe. proceed~ of ttllt Mtebll lhment, and env ..,..rnent ,.Iati no to t he butlneu wh ic h it contingent o,. condit ional In any way by vol..,me, p rofit, ...... t iv lng of edvice or cOft..,ltetion. ' 13, H• me eoplicent; or eny of me ovet' I'Wt NrtN,..; or ofllcet"', dlrecto,., o,. over I" ttock holdert of .. id appli cant (if a corporation); or emoloy ... of eppli cant; _, 0 (a) been cMnied.., alcoholic Dever ... ~~~-?'Do 0 (b) had an alcoholic beYer ... li cen• suspended o r revoked. no If answer It ''yn ... ••Plein In detail; CAttech eeparew thMt If nece.ery.) 16. Hn a retail li quo r licen• fo r the ll cen•d premi ... been ,..fuMG w ithin me preceding two years? 18. Identify the pereont, flrmt or corporations who now o r will hew, • financial ln18rett, evidenced a ithe,. by loans or equitY ownerthip In the butin .. for wh ich thlt ll cen• It requenad. Sute the nemea end addre ... , and the amount end so .. rce of tuch f inancial interest e•pr...O in dollars or other i1'8mt of value, such at Inventory, f"mlture or eQuipment, (U• •para• thMt If nec:e.ary) Name· Add,.... lnter-.t: Franz Humme 1 a. emp~oymem: agreement: b. 100~ stock ownership None, except the above 20. A re the licenMd preml ... located with in 100 f•t of any premi'" occi.H)ied by a public o r pa ro chial acl'lool. o r the p d n cl pal umput of any college, un lverelty o,. Mrn lnery ? If en1we,. Is "ye1", answer In detail. IXJNo 21 . Does the epplk:ant for • Liquor L lcenllld Orug Store ha~ a Dru g Store L lcen• l ~tued by the Colora do Board o f Pharmacy7 If answer It "no", ••PIIin In detail. pves ONo N/A 22. It the appll cent, or does t h e appli cant t o,. a L IQu or L lcen..a Drue Store employ a Aeeittered Pharmaclt t in the State of Colorado7 If "YM", g ive L icen• No. eec n IMrtner: Home •ddrHt and C it y : "of ownerlh lp : Ho,. Addrett and C ity : t el If par~'-"I P , when d id M id JNrtnerth ip commenee ctolne butln .. ? (Attact' e copy of the ~M rtnerth i p egr•ment (e•cept hutbend and w ife I and trede neme a ffid avit) • I • - • • • • • "" ·~ L .a0. fC0nti l'lued) 24, M ttle •oolleant Is • corpOf'ltlon, enswet the followi ng: t •l Corooretion Is or .. n tftd undef' the l ewe of the Stlte of : Colorado 9-19-66 b) Pr.nc:l oal bu t\~ is c.ond~o~cwel et : .'01 West Hampden Avenue, Englewood County of : Arapahoe fel Oet• o fillne IMt ennu.el corpore• reoort to the Mcreury of ltllte; Mav 1969 (d) Name of eech o leer fined below: Mo,. Addr"' 1nd C itv: Dlte o f 8 i r-th Pre~l def'U;~ 3070 So. Vine Street Franz Huamel Denver, Colorado 9-24-1933 V lce-ltr ... ctent: 3070 So. Vine Street Elsa K. Huamel n.. .. ,..... r.n 1 nY".a~,.:;, 9-6-1936 TrMIUre<' Ida Kreiner !3:~v~~. ~~H~re Street ,;;_?-101? secreqry : 3070 So. Vine Street Elsa K. Ruamel Denver Colorado 9-6-1 Q'Hi Man ... r •: (e) Lilt e ll ttockholdere: Include ectull owner or p led .... (UM MPaf'l• ..,_,If neceaary) Nerne of Stockholder: Home Addr .. eftd C ity : "of nock : Date ot a ltth : Franz H~l ~070 So . r!f!!~.a~~reet 1nn 9-?L..-1Q~~ (f) Nemes of ell O i'*=tort or Trusteee Home Addreu end C ity : D•• of B irth : of Corooretlon : 3070 So. Vine Street Elsa K. HUJIIDel Denver Colorado 9-6-1936 (_ Ida Kreiner a47 So. ~ipifcis Street enver o ora o 6-2-1912 '. r '· I """"". •PY of.~--~ ....... a...-tlon ..... ortiollt of~---· theoutllorlty .. -......_In CoDMo c". ,_.., -·tlonl, •nd .... ~ ...,...,mt ·m~~ eiltfoorllll,. the r~inl of tlllo ._tioetion--~ .. the-ott-. end d--., or ~1 . 25. Wh-:-d id eppuc.nt putC!'IIM tft • ~·nee~, or It new, wtlen don appllcent plan to befi n operetlnt "''' butl ,...? tf purche.d, rom whom Buisines'li -·wds started new on March 7, 1968 2&. If th i t-aPf)l i~tlon Is for 1 Club L~uor LlcenM, en•~r the foiiowlna : (e) Cort\plete..l'-ml 2• fe) through I d) end (f) end file ell ettachmet'tts dHcrl bed under Item 25. (d) How l ong hat eppllcent occu p._d the premi .. to be llcenMd •• • club? 21 . If the applicant it 1 menufecturer, I mporter or wholeuler, ent\if~Mr the f ollowing: (e) Ooet epplleent own ,, .... or opere• any werehouM or stor ... p lant In connection wld'l Its butin--.1(1f "y""· g iw full aGd,....l QvEs QNo N/A (b) If the epplleent Is en l mi)Orter CH menufecturer, does env owner, oart owner , ltlereholder, d ire c tor o r officer have any d lre~t or i ndl re-:t f lnancl allnterett In an l mPOr tet, menufecturer, whole .. ler or retaile r already lieenled by the Stew of Color8do to tell melt , vlnuo u s or ICl l r i tuous lio uor? If ens..,..., I s "yes", a ttach eJCplanaUon in de'-11. Ons 0No N/A tc) If the applicant Is a whol..,ler, does any owner, P•rt owner, ahareholder, d i rector or o fficer have any d i rect o r Indi rect financi a l i nterest I n a wholea•le r, retaile r , manutactu,.r or lmporwr a lreedy l l cen•d bY the State of ColorKo to Mi l malt, vlnuous or solrltuous Uq u or? If anewer 11 "vn", attech e •plan•tlo n In detail. qvEs QNO N/A (d) If the applicant Is an importer or manufacturer, t o what Colorado llcanted whol ... ler Go vow I ntend to lhlp your merchand l •? q vES ..... 31 .. • Meral Basic hrmlt? If "VM", attach 1 copy of the permit; If "no", e•ptal n In de'-11. 0No N/A •Atuctt the men ... ment .., .. ment, if wri tten, or If nona, attach a ttatement .ettl nt forth the dutiM , terms end compenMtion of the meNger . • I • - • • • • • AFFIDAVIT This effidtlvit is to be lliiMd .,d ecknowledgecl by individull, uch pnerll pe..-r or pe..-nhip .net by corpora• appllcanb. • STATE OF COLORADO ss. ~~~+-~~~~~~-----------------------and------------------------------------------ be ing by first duly sworn, if for himself, deposes and says : that he is ·the, or a partner of , the applic.nt above named, or that he is (title)~ of the above named corporation; that he has read the foregoing applic.tion and attachments, and that he knows the contents thereof, and that all matters and things therein set forth are true of his own knowlegde and he agrees to conform to all the rules and regulations promulg,lted by the State Department of Revenue in connection therewith. Subscribed and sworn to me this JfJil1 I ATTACH SEALI My co~ission elt",)ires : INDIVIDUALS ANO ALL GENERAL PARTNERS OF PARTNERSHIPS MUST .SIGN HERE : 04J;~ -· 18., t9liC CORPORATIONS SIGN HERE : ·- REPORT AND APPROVAL OF LOCAL LICENaiNG AUTHOIUTY The foregoing applic.tion has been examined and the premises, business conducted and charac•r of the applicant is satisfactory, and-do re- port that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the inh.tlit8nts, and complies with the provisions of Title 12, Article 47, CRS 1973 as amended. THEREFORE THIS APPLICATION IS HEREBY APPROVED. DATED AT ______________ this ______ day of _______ , A.D . 11--. AT ··-:-::,N::-•,.,.~o::,-;T:::o-:-_::-,-=cc::ltv~ •• ~d-=c-=ou~n-=tv-:-1--------------------------------- B Y ·-;I-;-;M;::•v=o-=r.-=c:;:-ho:7.;,::m::-on::-=:of~B:-:o-:-:•,-:-d-::of;-:c:::ou~n::tv-:-c::o-::m-::m~l u~lo::ne-:-r-s-or::o~th::-or::t~lt::-lo-o""t ..,:::.-,::-,co-n-sl:-ng_o_u""m-o-:-rltv-."""""1 ATTEST : -;1-;:C;:Io::,.-, =•=cr=oto=rv:-:o:-;1 -=-o,:::hO-::r:-:o:-;ff;;-1 co::-,::h::-o:-:vi,-ng-t::-h-o -.ofc::fl-:cl-.ol--:-:-, o"'t"""th::-o-:-1:-lco-n-.sl._ng_o_u-.th"'"o""'rltv--,..l--- If the premises are located within a town or city, the above approval should be signed by the mayor and clerk; if in a county, then by the che or - man o f t he board of county commossioners and the clerk to the board, If, by ordinance or otherwise, the local licensing authority is some other offocial, then such approval should be given by such official.) • I • - - • • • • • • LAW O,.F'ICE8 CRISWELL & PATTERSON .IOHH A . Cltt.wa.L OA.IIIY PAn.:RaON JO"N H. NC NANA114. M . .IOHNE. NYLU ANTHONY eAR'\' ..U.. .... H.t.•OLO ........ HU..-r' November 1, 1979 3780SOUTH 8AOADWAY ENGLEWOOD, COLORADO 801 10 TELI:~HONE : '303 1 ?41-0800 Mayor & City Council City of Englewood 3400 s. Elati Englewood, Colorado 80110 ·:..' Re: K-P-L, Inc. Liguor License Application Gentlemen: Since being advised of the date established for the hearing on the above application, November 12, 1979, my client has been involved in a matter taking him to Europe, as a consequence of which it would not be impossible, but terribly impracticable,for him to appear on the 12th. I spoke with Mr. Alan Dill, the attorney representing certain of the protestants, and he has no objection to a post- ponement of the hearing date, al_though he advises me that he would not be available on November 26. I attempted to reach Mr. Richard Berman, another attorney representing other pro- testant&, but have, as yet been unable to confer with him. I am, of course, providing copies of this letter to both of those attorneys and advising that we will apply to the City Council at its meeting on November 5 for a postponement of the presently scheduled hearing. JAC/fmq cc: City Manager Mr. Eric Johannison Alan Dill, Esquire Richard Berman, Esquire Mr. Arnold Kimmel --~·1 --we.._r..,el~ .~ n A. Criswell CRISWELL & PATTERSON • ~·· I • - - • • I • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT Public Hearing -Application to Change Location of Retail Liquor Store License -Old Town Liquors November 5. 1979 1+ A ·.4 INITIATED BY City Clerk ACTION PROPOSED Public Hearing 0 • BACKGROUND Bob Mcintyre. President. Old Town Liquors. is requesting approval to move his Retail Liquor Store License from 325 East Jefferson to 1215 East Hampden. A new building is being built at this location. RECOMMENDATION Approve or disapprove request for changing location or the license. The file is complete. Mr. Mcintyre and Scott Atwell, his attorney, will be present • • - - D"L 411 !"'-"· ll'nl TO: STATE Of COLORADO DEPARTMENT Of REVENUE LIOUOIIlNfORC£MENT DIVISION 137IIHI-STREET DENVER, COLORADO 1031 TILUHOIIII: 13031 ltl-37a1 • • • THIS APPLICATION MUST BE_;UBMITTED TO AND APPROVED BY LOCAL LICEI\I!NG AUTHORITY FII'ST. L..conM No . _ _!1.!.2::·0::.;4::0::2.::2 _____ _ Ci t y Licer.•:.e t\o. 02 775 The undersigned requests cermission to change loat1on : Nome of Lice.,..: OLD TOliN LI Q\:ORS ]I:CORPOR..TED Tr~Nome : ------------------------------------------------------ FROM : (Old)~ ---~3~2~~~E~·~·~t~J!ef~f~l~ri.•=on~A=v~•~-~~~=:==~----------------cl_,.,.. ,. .... ~· O.C•••....,., tnat-Ar.-pahoe lO: Arapahoe 'C..,.."'l Tr~Nem.----~O~LD=-T~~~-L~I~Q~U~OR~S~I=NC~OR~P~ORA~T£~0--------------- Al'l m.. pntm;..locelld within 500 1M of 1 building otcucied a 1 ochcol, public or porochi411. college, uni - versity or ~~minory? _..,.:N!l!...------------------------- On"""'' ell~ do you plan to 11101e? ----'JIIl•t~n~y~.=•~rv.L..Jiu•ul,:;98~0::.....,"i"----7"--------- Si9>od : • il t,j \f fh, ._.,Q,-:i v1 C. PRESIDENT·T~;~ a ,.,~, ... IN,....... ore ..... "..,.' A-OVAL Of LOCAL UCIIIIING ~lTV : "T'M forrgoing Gpplicatlon for ~Nrm isslott to chtm~ location has "*'n txamiMd and Wit do r'port that such trrmsfu, if granud, wi ll mHt th~ ncsc.YJab'* rtqulrtrMnts and thr des~rrs of tht lnhobitonrs of thr nrighb<Jrhood. II'• do furth., sra~ that tho provisions of nr11 12-46-1 17. or 12-4 7-136, CRS 19 ~J. as am•nd•d (rtgardmq m e post1ng ond adwrtising of rhr prrmi~s) how bHn comp fird wtth . Thrrrfort, th~ f oregoing app/icr;l/on IS htrtby opprowd. N~~M of Town , Citv or County: th is----a~ of ----------A.0 .111-- By :--~---::-----~-----IMevor o• Cf1 .. ,,...., oo lo.ra cf Cou"tv Co"'"' i ••o-..•• or O t"-' Tl ''• o• '..i CII"H'"I A>utrl o ,.tvl Attest : ICien; o• Se~-.t_.v or Ott'l., Q l t.ce• H..,'"l ~ Olf u~l e4 $eel ot tl'l• L •Ut~••"l A utnoo oNI . . ~i . ... ·,. ~ \• . ) I • - - ( ( • October 29, 197~ Robert Mcintyre, Prea1dent Old Town Llq~.&ora, lao • 325 East Jerreraon 6nglewooa, CO tiOllO Dear Mr. Mcintyre: • • • Purauant to tbe prcw1a1GDa ot tbe Col.oracao Llq~.&or Code, the application or Old ToMD Llquora. Ino., to Cbange location tram 325 Eaat Jetteraoa to 1215 l&at H&.pden will be con- aidered at a PL&blio ae&rlac OQ MoY-.ber 5, 1979, at 7:30 p.a. Tbe public nearing will be beard b7 tbe local lioenaing au-c~ority, t~e ~ .. OOd Cit7 COuaoil, 1n tbe Council Cbambera, 3'00 SoL&th ~lati, &Dclewood, Colorado. ~be application ia ooaplete and ready tor preaentation at t~e publio hearinc. Tb1a letter abould 1n no way be oonatrued aa approY1ng or deny1nc the application. Thia deoiaion reate with the 6ng!ewooo City Co~.&noll and the deciaion will be made within tnJ.rty llaya atter toe public hearing. Cordially, John R. Lowry Acting Director or Finance/ ex orricio City Clerk cc: Harry J. Atwell 3J33 South Baooock Knglewooa, co 80110 C!!;HTIPIAU MAIL I . - ~UILISHER'I AFFIDAVIT STATEOFCOLORADO. I IU COUNTV OF I ' Olen L. Bell Oo sole~nly 1wear that I am the Co-Publisher ol J;:m~l~Poo . St.!.~.ttn.d lf'llt tn. same II I weell:ly newepaper PUbUSf'led +r'l the C ity ot EDAlewoocl County of State of Cotorec~o . and haa a tenere! circulation tnetem: that N•CI newt:peper haa Men published contl nuou.,y ..,c:J uninlefrupledty in ... d County of Aren11'1oe I tor a pertOCI of more t"-n 52 .,...., pra 10 the firat pubUcatton of the Annexed notiCe. thet Mid n...,_,., ia entered tn the P08I office at EnglelolDod . Colorado. aa MCond ctaaa melt maner and that t~ Hid newspaper ia a ~ -'thin the mNning Of the act of tN O.W• ....,bly of the State of COioredo, approved Mlrcrt 30. 1123. and entttled ''Lf1081 Noticee and~ .. and other acts refa.,ng to the P'•nting and pubi+Jhing of '-Qat notiCM and ~atnen11 . that the anneaed notice WH publianed In the '80Uiar and enttre •Muet of N id ~"'· once each week . on the same day of each week tor the oenod of 1 XXWWW ... X •nMrtlons: lt'lat the first Publ•catton of satd newspaper dateo ::>ctol.Jer 17 19 7('! itfldlhP. last oublrcRIIOn ot sa~el nottce w11s tn the ISiue o t S .t td newspaper dated S utJscnbed and sworn to before mP., a N u tar~ PubliC lhl& da.,. ot Cctob !?f) 19 7" ~d. .. L • • • • I . - - ( c • • • • Sept. 12, 1979 Letter Of Intent Hr. Robert Mcintyre Old Town Liquur •. r,.,c.. 325 E. 3effer•on Av~ Englewood, Colo. 8of10 Thi• letter i• a •tate.ent of our in- tention to lea•e a •pace to Old ToWH Liquor• in a •tore building which we propo•e to build at 3494 s. Downing St., Englewood, Colo. The working draw- ings are now being c011pleted and the contractor expect• to c011plete the con•truction work before December 31, 1979 barring acta of God and other conditions beyond hi• control. I . -• • • ROBI!IRT J. FLYNN li:l'rOL.WOOD. 00LOIIADO 80110 808·"1'89·1-9 IIA•MY .1 . ATW•LL A••ot.IIA'PK Englewood Zoning Department 3400 South Elati Englewood, Colorado 80110 Attention of Barbara Young September 19, 1979 Re: 3494 South Downing Street Dear Mrs. Young: In confirmation of our telephone conversation of September 18, 1979, I am requesting that you verify the accuracy of certain in- formation described below so that a copy of this letter, verified by you, may be delivered to Eric Johannisson, of the Englewood Revenue Department, for his use and the use of the City Council in considering the application for the transfer of a liquor li- cense from 325 East Jefferson Avenue to 3494 South Downing Street in Englewood. Thank you for your courtesy and attention to this matter. Very truly yours, , I .,:.,-/) -v -i -1 ," t~·(.J._·{'/ Harry J. Atwell HJA:dl CERTIFICATION The undersigned certifies that the records of the Englewood Zoning Department show the legal description of 3494 South Downing Street to be as follows: Lots 20 through 24, Block 49, EVANSTON -BROADWAY ADDITION, Arapahoe County, Colorado. The records of this Department further show that Lots 21 through 24 are zoned B-2, a classification which permits the op- eration of a retail package liquor store as a use of right. Lot 20 is zoned R-3 and may be used as parking space in conjunction with businesses lawfully conducted on Lots 21 through 24. CITY OF ENGLEWOOD, ZONING DEPARTMENT, BY•UfAtsL • I • •• - - I ~ -< I .. \J I (:) I ( :::> {;!_ G' I --{ £ I I < -:t I ~ I ~ ~ I l.n - ;ro-\l\ .... """'~ "'-...) -..... ""+- :-- v ~ N ... .. ... , . I 2 • • • I I ' ~ I I N c€ r---~~==----------~-------=~-------~ 91\Jit,,Z'HS w " ~ '.L 0 CD CD CD CD CD I . • , - - ( • • ( • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM November 5, 1979 4 J:j , INITIATED BY City Clerk SUBJECT Public Hearing -Special Events Permit Application -All Souls Catholic Church, 435 Pennwood Circle ACTION PROPOSED Public Hearing BACKGROUND All Souls Church is having a fund raising dance on November 17, 1979 which will conclude by November 18, 1979, at 2:00 a.m. They have applied for a Special Events Permit -Beer, Wine and Liquor. RECOMMENDATION Render deciGior. on issuance of Special Events Permit. The file is complete. Terry Marinkovich will represent All Souls Church • I . ~· ··-----': ...------.. ~=~~· _ ... _....,.-... ·..: ::.. -=-= :-::c· ·---··· ~ .. -........ -~. ;:J · • ......... ....;...al.: - .. • • - ~·).' ... ·." ... ·:.. '· ·.'"~. ·,.1 •, : ~ ~~. : T' ~i·~ ~·· ..... . ~~~.-·:· ·' ·--t'. E~~ll~if.U=t:~=r=::i=:iii~'~,}.~~:-,~;~~~i . ·' I • 1~1;i!!l~;~:. ~:-;:•.-'t .... ':. -. ·-Ji" ... . :·~~-.. f ~·· .. • - ( • • ( • • • ORL 439 (Rov . t0/771 STATE OF COLORADO DE,AITMENT OF IEVENUE APPLICATION FOR SPECIAL EVENTS PERMIT Do Not Wr i te I n Thli SpAce LIQUOR ENFORCEMENT OFFICER 'S ACTION APPROVEO __________ ~O~.~~-.------------ OISAPPROVEO -------~0.:--te----------- INSTRUCTIONS : Answer ell qunrions on thisiiPJ)Iication , then get the 8PPf"OYII of your local licensing authority bee t•t page) and also the IPPf'OVII of your Colo· r.So liquor enforcement officer. TMn m.il this completed 8PC)I iQtion with proper fH to the Coloredo Dlplirtment of Revenue, State Capitol AnneJt Building, 1375 Shermon Strftt, Oenver, Colorodo, 8026t. Telephone (30318.'19-3741 . Licensee Telephone Number NO PERMIT WILL BE GRANTED UNTIL THIS APPLICATION HAS BEEN APPROVED BY YOUR LOCAL LICENSING AUTHORITY AND YOUR LIQUOR ENFORCEMENT OFFICER' Colorodo fftl .,., 3.2% Bar -St0.0011et' cloy ; -·Wine lind Liquor-S25.0011et' cloy . Your locollicenoi ng authority will indicate the .mount of ttleir fee. A ll An ~14't'f\ Must Bt Print~d in lnlt or 1"YPfwritttn What type of permit are you applying for? 0 3.2% Beer IE' Beer , Wine and Liquor 1. Applicant ____ ..,A,.jM•_;, .. ~.,t,."'U"'l+:,.'._· ...;....;.t _~.: -'-'...o.IC.._..,C ... !_.' L._• •_r:......;' '-------------Telephone Number -~,7.;$o;;0::-fi:o.~JJC'"lOI.U7 ______________ __ 2 . Trade Name (if any)------------------------------------- 3. 4. Addreu ----~/~1~5~tuc~,r~n~·~·;\~··~0L~-·~C~rLr~c~L~i ______ __ City FT ~·-CL County _...._ __ _.:.._· ·_·_r._. ------Colorado. Address of place to have temporary permit. (EXACT LOCATION OF PREMISES MUST IE GIVEN .) Give street and number if possible . If place is located in a town or rural district where it is impossible to give street and number, the lot and block number or par1 of section where located must be given . · :.··; .. ·i" Vi •.;r;. City or Town County Colorado. 5. The EXACT dafe(s) for vJh ich appl ication is being made for permit (no more than two days): 6 . 7 . From--'/'-'''-"-....c..t~Z~-..:7;..:,_:;..._ __ _..1Mf""'!'!~'~P'--II{~ Date Hour From-------~o~;~,.~--------------H~o u~.~--------tO---------~O.~t~o----------------~H~o~u~r--------------- Do you have legal possession of the premises for which this application is made? ____ v-~,."----------------------------- Is applicant organization incorporated under the laws of this state for purposes of a social , fraternal, patriotic, political , or athletic nature , not for pecun iary ga i n ; or is it a regularly chartered branch, lodge , or chapter of a national oro-niution or soc iety organized for such purposes , being non-profit in nature; or is it a religious or philanthropic institution? lXI Yes 0 No B. If the appl icant is an organizat1on incorporated in this state for "non-pecuniary" (non-profi t) purposes , answer (a). (b) and (c). (a) Organized under the laws of the State of ------------------------------Date (b) Pr incipal business is conducted at ------------------------------------, County (c) Complete the followi ng on detail : TITcE NAME HOME ... DOI!£55 CITVIo STATE aoRTH OATE PRESIDENT VICE-PRES. TREASURER SECRETARY MANAGER J~·,-:.s ·:i r:: ~ ~ 500:!..':,.., nd :...v ll ::r:c .. ..-.. " .. ' ,.. . ' l tr'<J.t.'i J ,v 9 . • I • - • • • • • 10. Are the premises for which appl icatio n is made now lice nsed under the State Liquor Law or the 3 .2% Be e r Act ? 0 Ye s 3-No If yes , to whom is t he license issu ed ? State License Number 1 1. Has any special events permit been issued to you with in the current calendar year? ~ Yes 0 No If ye s. for how many days? Th• l'n (lnwinn (fidnvlt I t o h•• S/, "'d and Arkno wl•da•d hv Oroan iza t ion STATE OF COLORADO J ''•" A. 5'fl@.! IHtJ..€ AtAAw,; ss. County of and . being by me first duly sworn , if fN h imse lf . deposes and says ; that he is the applo- c~~t above named; or that he is ......... be '·~of the above named corporation ; that he has read the foregoing appl ication and that he knows the contents thereof. and that all matters and th ings therein set forth are true of his own know- ledge , and he agrees to conform to all rules and regulat ions promulgated by the DEPARTMENT OF REVENUE IN CONNECTION THEREWITH . ~UttSC RIBEO AfotD SWO!o(N TO BEFORE ME T HIS ~ .5.,"'-' Cure t:f D/\V O F ~~ 19 ~ 'R£1. t. ·'~ ,§ c:~:· -S i gN~~ f NoU1ry Public L.4 -a (Att•cn ~·l) M Y COMMISSI ON E I ,ES ~ .a.£9rt c:r ~ ,.,,,:.,771,.tC ~- INSTRUCTIONS: If 1he premiMS ere located within 1 c ity or town , the ~ravel shown below should be signed by the Mayor end Clerk. If the premises a re louted in a county. then thiSIPPf'OVII sh o u ld be signed by the Chllirman of the Board of County Commiss•onen end the Clerk to the Boerd. If, by o rdinance or otherwise, the local licensing 1uthority is some othe, official, then such epprovel should be signed by such official. REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY L--------------------~.1, -~ ,-.~, The foregoing application has been examine d and the prem ises , bus iness c onducted and character of the appl icant is satisfactory, and we do re port that such permit , if granted , w ill comply w ith the prov ision of Title 12 , Article 48 , C.R .S. 1973, as amended . Therefore the foregoing application is hereby approved . J _j DATED AT THIS DAY OF -----------, A.D. 19 ---. NAME OF TOWN, CITY OR COUNTY BY ATTEST : • M1yor or Ch1lrm1n of 801rd of County Commi ss i onen or T i tle of Other L i cen 5i n~ Authority Clerk or Secret1ry or Other Office HAvi ng Offlcl 1l Sell of the L icenllng Authority 0 I • - - • ( • • • To·-.miom It !lay Concern: ALL SOULS CATHOLIC CHURCH -435 PENNWOOD CIRCLE ENGLEWOOD. COLORADO 80110 IIlEY. Fa.•~<css J. KAPPES, P•stor October 1, 1 9 7:-- Statement in reg ax:ds to Article 4 !3 , Statute 12-43-1:1 2 All Souls Catholic Ch•Jrch is a rcr,ularly estahlishecl reli~ious institution of the Catholic Faith and is O\med by the Archd iocese of Denver. Therefore, it is le ~~lly appro priate to use said f acilities for s pec ial functions of t h is nature. < s=:~·) x/;.J.~- r..ev. Fran i. :,;;(,';[- !'astor I • • - - • • ' I • • • ALL SOULS CATHOLIC CHURCH .. 35 PENNYOOD CIRCLE ENGLEWOOD , COlORADO 10110 REv. FaANCJS j. KAPPES, Pator October 1, 1!:'79 Statement in r e n;arJs to Article t,r,, Statute 1 2-lt1-1111 There are no existinf. facilities available for this church function which \dll ade']uatcly ~erve our need i n rc~pect to room available and location. c;::·::: J M L. r~v. Franci . Kapp~ Pastor ) - I • • - • • • • 0,,.........,,..._ • • • 0 - ~·f.·CJ~., •·•······ ... l~lr_... · .,\ ~\.." 1-'.) ~' ·· ....... ·· United Nations Association o( the United States of America DIS-rl~GUISHED SER\'ICE AWAI\l) Pnsmted to ~ ~ 1 .r:.r-···.1. in appndation of pu!J/ic set"'Vice ;, fJ1'YJmotinz tlu nationwide o!Jseroance of UNITED NATIONS DAY 1979 ~ tA!¥.: ... 1· 7~ U.S. N.,_,C..,_ tor UN 0., 1919 .,,.,,. ••-tflwl'raiMrtlo/flwUIIiledS... a..rine l.fton Colo.CbairpeNOII tor Ul Dar 19?9 ., &ppoia-..t of tM Goftn10r of Colo • - • • . f' • • • MINUTES COUNCIL MEETING 5 A I DENVER REGIONAL COUNCIL OF GOVERNMENTS SEPTEMBER 19, 1979 Present: William J. Thornton, Chairman Robert F. Clement Harold V. Cook. Paul Danish Doris Durdy Fred Fisher Robert Foster Sam Harper Michael Henry Harold Hodges Della Jones Jack. Kinstlinger Jim Lee Gary Lewman Maggi Markey Norbert Meier Peter M. Mirelez Charles A. Pitts Rodney Sheffer Norman A. Smith Also Present: Town of Bow Mar Jefferson County City & County of Denver City of Boulder City of Brighton Greenwood Village Town of Castle Rock. City of Uttleton Air Quality Control Commission City of Northglenn City of Glendale Colorado Department of Highways City of Lakewood City of Wheat Ridge Boulder County City of Louisville Adams County Arapahoe County City of Westminster City of Broomfield R. T. Knickerbocker; Thomas Benson, DRCOG Attorney; Diane Matt, RTD; George Lane, The Denver Post; Patricia Thorsberg, Metro League of Women Voters; Toni E. Worcester, Citizens Advisory Committee; Emma Wall, City of Glendale; Leon A. Wurl, City of Louisville; Charles Klarich, Jack. Jacobs and Company; Robert D. Farley, Executive Director, DRCOG; Carol M. Langley, Executive Secretary, DRCOG; and various members of the DRCOG Staff. Chairman Thornton called the meeting to order at 7:40p.m. Roll was called and a quorum declared present • I • - • • COUNCIL MEETING MINUTES SEPTEMBER 19, 1979 Page two Minutes ofAuaust 15, 1979 • • • Council on motion unanimously approved the minutes of the August 15, 1979 Council meeting as presented. Summary of the Executive Committee Meeting of September 5, 1979 Executive Committee Chairman Clement responded to questions from Council. Report of Committees Toni Worcester, Citizens Advisory Committee, reported that the committee favor- ably recommended that Council adopt the Interim Transportation Plan and the Transportation Systems Management Plan as presented. Mr. Fisher reported that the Urban Systems Committee is in the process of review- ing applications from the various communities for funding for the Fiscal Year 1981 program. The full committee will meet sometime early in October to make its final selections. Report of the Chairman Chairman Thornton noted the Issues and Opportunities Conference which DRCOG will hold on September 20, 1979 relative to the DRCOG Metro Area Site Selection Study for a new Airport. Agenda were distributed to the Council and members encouraged to attend. Robert Aaronson, Regional Administrator for Airports from FAA will be the luncheon speaker. Chairman Thornton welcomed Della Jones, Alternate, City of Glendale; and Michael Henry, the Governor's new non-voting appointee on the Council representing the Air Quality Control Commission. Adoption of the Transportation Systems Management Element Chairman Thornton noted that the Program Committee on September 5th recommended favorable action by the Council on the resolution. The Transportation Committee has also recommended favorable action by Council. Mr. Scheuemstuhl, DRCOG Staff, reported that this portion of the Transportation Plan, concentrates on improving efficiency of transportation activities through short range, low capital projects. The element lists projects in this category and is packaged by geographic areas ranging from areawide projects to corridors, the Central Business District, Activity Centers and residential area projects. It • • I • - - ' ' • • t • • • • COUNCIL MEETING MINUTES SEPI'EMBER 19, 1979 Page three includes streets and highways, management, bicycle, traffic engineering, and transit projects. He briefed the Council in detail on the specific areas studied and responded to questions. The Councll on motion by Mr. Danish, supported by Mr. Lewman, unanimously adopted Resolution No. 22, 1979, A Resolution to Adopt a Transportation Systems Manage- ment Element. (A signed copy of Resolution No. 22, 1979 is attached to and made a part of the file copy of thes e minutes.) Adoption of the Interim Restated Transportation Plan Chairman Thornton noted that this item was favorably recommended to Council by the Program and Transportation Committees. With the addition of a definition recommended by the Program Committee this date, it was presented to Council for consideration. Mr. Scheuemstuhl, DRCOG Staff, stated that DRCOG has been involved for the past two years in a process to revise its currently adopted Transportation Plan, primarily the highway segment of that Plan. In terms of increased emphasis, involvement is to insure that the Plan is to be compatible with our air quality improvement goals, to take a closer look at the fiscal requirements for highway construction, to be more cognizant of environmental and community concerns and socio-economic aspects. He also summarized the action recommended by the Program Committee noting first that the Interim Highway Plan contains about a dozen and a half issue corridors --those segments of an arterial about which some controversy exists. The Program Committee recommended that Council include in the Plan, a formal definition of an Issue corridor. The definition states: "Issue Corridors are road- way s e gments designated by DRCOG where specific issues have been identified as to the d e sirability of new construction. Issue corridors will be resolved as part of Phas e III of the Plan Restatement Process. Both Preliminary Engineering and Envi ronm ental Impact Statement activities may be initiated and completed for issue corridor segments however construction shall not be initiated until the issues are resolved in Phas e III." This definition is to become part of the Plan. Mr. Meier, supported by Mr. Cook, moved to amend the Plan to have U .S. Highway 36, between Broomfield and Boulder, designated as an Issue Corridor in the Interim Restated Transportation Plan. The motion failed. • I • - - • • • • • • COUNCIL M EETING MINUTES SE PT EM BER 19, 1979 Pa g e four Mr. Kinstlinger commended DRCOG on the TSM document and the Restated Interim Transportation Plan noting that both documents were informative, complete, realistic documents. After further discussion, the Chairman directed that action be taken on the resolu- tion adopting the Plan through a Certified Mail Ballot. The results will be an- nounced at the October Council meeting. 1980 DRCOG Annual Budget Mr. Farley noted that the Executive and Program Committee both have reviewed the Budget extensively and recommend favorable action by the Council. The 1980 DRCOG Operating Budget of $3,810,300 also includes an additional $2,883,100 in federal pass-through funds which DRCOG s e nds on to local projects, primarily in the areas of services for the elderly and criminal justice. Membership dues for the 1980 Budget are proposed at a level of $529,200 up slightly from the $504,000 level of 1979. The budget reflects the first time counties will account for 60% of the local dues and cities for 40%. Two years ago the Council agreed to revise the historic 75% county and 25% city split to the current 60-40 formula. This was accomplished in yearly stages. The 1980 Budget reflects no new programs for DRCOG, and in addition reflects decreases for HUD 701 CPA and Minority Intern Programs. This budget also reflects the elimination, in their entirety, of five active 1979 programs. The Budget reflects an effort to contain costs to the Council by precluding assumption of new or expanded programs which require participation in the form of local cash and relying on the availability and acceptability of local services for the Council's share of some existing, new and expanded programs. Council on motion by Mrs. Durdy, supported by Mr. Lewman, unanimously adopted Resolution No. 2 3, 1979, A Re solution Adopting the 1980 Annual Budget And Appropriating The Funds Therefor. (A signed copy of Resolution No. 23, 1979 is attached to and made a part of the file copy of these minutes.) Bri e fin gs on th e Followi ng Programs Council he ard a briefing on the Report, entitled, "Ene rgy Business in the De nve r Re gio n: Cha racte ristics and Employment" by Len Olszewski, DRCOG Staff. Copies of th e re port can be made available to Council by contacting the Public Affairs Office at D R COG . I • - • • COUNCIL MEETING MINUTES SEPl'EMBER 19 I 1979 Page five • • • Mr. Doyle, DRCOG Staff, briefed Council on the Smoking Vehicle Ordinance. One of the strategies in the metro portion of the SIP was the adoption of local ordinances to control smoke-polluting vehicles. DRCOG has prepared a model ordinance and has distributed it to all of its jurisdictions with a recommendation that local gove rn- ments consider the ordinance or some version thereof. Only three communities now have such laws -Westminster, Boulder and Denver. Similar information to assist cities and counties in providing bicycle and pedestrian facilities in new develop- ments will be sent to local governments during the next week. Mr. Doyle also briefed Council on the Executive Committee action authorizing neogitations to consummate Memorandums of Agreement between DRCOG and the 20 designated management agencies in the Clean Water Plan. The agreements call for the establishment of eight Water Quality Basin Associations composed of the management agencies in each basin so that intra-basin water quality activitie s can be coordinated. They also identify DRCOG's planning responsibilities in the 208 program. Report of the Executive Director Mr. Farley reported that DRCOG has held two meetings on the subject of Cable TV- one meeting was with 15 communities from throughout the region holding Cable TV franchises with Mountain States Video, who met with Harold Horn, consultant from the Cable TV Information Center in Washington. A number of local elected officials from around the region attended the meeting at DRCOG. The Chief Administrative Officers Committee at DRCOG met this date and the jurisdictions who have contracts with Mountain States Video will get together and work with them individually on updating and revising those contracts. Andy McCown, Englewood City Manager, will coordinate that effort. The Executive Committee has authorized three contracts with the Traffic Institute at Northwestern University to conduct three police training courses in the region on "Supervision of Police Personnel." By bringing the classes to the region, rather than sending the approximately 120 officers to Northwestern, will result in a tre mendous cost savings for the same training. This is one of the basic purposes of the training programs --to reduce the cost of training . Carpooling and DRCOG's 458-POOL number will again be the topic of a marketing campaign this fall. The Executive Committee has authorized the expenditure of $32,000 to promote carpooling and the free DRCOG carpool locator service. The campaign will focus on radio and newspaper advertising. I • - - • • • COUNCIL MEETING MINUTES SEPTEMBER 19 I 1979 Page six • • • The next meeting of the Transportation Committee is scheduled for October 3rd at 10 a.m. The Executive Committee and Program Committee will also meet on October 3rd at 2:30 and 4:30 p.m. respectively. Further discussion of the Policy Workshop issues will be held following the Program Committee meeting. AdJournment There being no further business, the meeting adjourned at 9:20p.m. William J. Thornton, Chairman ATTEST: Robert D. Farley, Executive Director I • - I ' .. • • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION October 2, 1979 I. CALL TO ORDER. 5 B The regular meeting of the City Planning and zoning Commission was called to order at 7:00 P. M. by Vice-Chairman Lathrop . Members present: Pierson, Williams, Becker, Bilo, Carson, Draper, Lathrop Wanush, Ex-officio Members absent: Smith, Tanguma Also present: Associate Planner Alice Fessenden II. APPROVAL OF MINUTES. Vice-Chairman Lathrop stated that Minutes of September 18, 1979, are to be considered for approval. Draper moved: Bilo seconded: The Minutes of September 18, 1979, be approved as written. Vice-Chairman Lathrop ruled that the Minutes stand approved as written. Mr. Smith entered and took his place with the Commission. III. WEST QUINCY PLACE Vacation of Right-of-way CASE #23-79 Mr . Lathrop asked for the staff presentation on this matter. Mr. Wanush stated that Associate Planner Fessenden will give the staff presentation . Miss Fessenden stated that the request to vacate the right-of- way on West Quincy Place was initiated by Mr. Jerald Hughes, the adjacent property owner at 4240 South Lipan Street. If the Planning Commission should determine that the right-of-way serves no public purpose and should be vacated, a recommenda- tion would be forwarded to the City Council. If the Planning Commission were to determine that the right-of-way should not be vacated, the applicant may appeal to City Council and a report would be made to City Council on the action taken by the Planning Commission . West Quincy Place is an unimproved street, approximately 60 feet in width by 132 feet in length, extending from South Lipan Street to the west side of Jason Park. This street was dedicated when the area was subdivided in the Hayes Sub- I • • - • • • • • • -2- d ivision in 1955, and provides access to t h e p ark f or main ten a nce v eh ic les and pede strians . It also provides access t o t he d r ive- way and garage at 4240 South Lipan Street . There i s a pe de s trian g ate and a gateway for acces s b y park maint e nance vehi cles ac r o ss this right-of-way on the west side of the park . Since this access is used by the park maintenance crews a n d as a pedestrian access to the park, the staf f recommends t ha t 2 2 f eet be vacated adjacent to the property at 4240 South Lipan Street, and 22 feet be vacated adjacent to 4260 South Lipan Street leaving a 16 foot right-of-way in the center to provide vehicular and pedestrian access to the park. Miss Fessenden noted that both Mr. and Mrs . Hughes and Mr . and Mrs. Villnow were present in the audience if the Commission had questions of them . Mr . Lathrop asked if members of the Commission had questions? Mrs. Pierson stated that there have been discussions in the past regarding the paving of alleys; this 16 foot right-of-w~ c ould have heavier use than a typical alley, and she questioned whether there should be some reference to paving in the recom- mendation of the Planning Commission? Mr. Tanguma entered and took his place with the Commission. Mr . Smith stated that if this right-of-way were to be paved, it would have to be at the instigation of the adjacent property owners; they would be obligated to pay for the paving . Mr . Bilo stated that he would like to hear any comments that members of the audience might have pertaining to this matter . Mr . Lathrop asked if there were any member of the audience who wanted to speak in favor of the requested right-of-way vacation? Mr. Jerald Hughes 4 240 South Lipan Street -sta t ed that the Pa r ks Department does not make use o f this right-o f - wa y v e ry often , and does not feel that access needs t o be ma i n t ained for the maintenance vehicles . He pointed out that th e Pa rks crew has us e d t his right-of-way and gate only twice t h is y ear . He pointed out that the east side o f the Park is "wide open ", and t ha t t hey usually bring the lawn mowers, e tc . in from t he eas t . Mrs . Geraldine Hughes 4240 South Lipan S t reet -stated that they have nothing against people using the gat e; they have had p ro b l e ms with people parking in this right-o f -way and blocking the ir drive , She stated that she has hit three vehicles tha t have parked along there when she has attempted to get out of t h e ir drive wa y. She verified that the Parks Department u ses I • - • • • • • -3- this access and vehicle gate only two or three times a year. Mrs. Hughes stated that if the right-of-way is vacated, they would like to do something with the property, but if t he City were to maintain the 16 foot access, they "wouldn't have any reason to do anything with this ." Mrs . Hughes stated that they have problems now with people parking along this right- of-way, and if sidewalk, curb, and gutter were to be installed, the situation would not improve . Mr. Hughes stated that the City did put up no parking signs and it bas helped some, but has not solved the problem of blocking the driveway . Mr. Smith asked if retaining the 16 foot right-of-way to serve as vehicle access to the park and as a "private drive- way", and prohibiting parking there, would solve the problem? Mr. Hughes stated that as far as the parking situation, it would solve the problem, but if the City maintains access for the park maintenance vehicles, they could do nothing with their property. Mr. Smith pointed out that the proposed vacation would provide an additional 22 feet to the adjacent property owners; if the full right-of-way would be vacated, this would only result in 30 feet reverting to the adjacent properties. Mrs . Hughes pointed out that their driveway extends out 10 feet beyond their property line at the present time, and if the 22 feet were to be vacated this would provide them with only an additional 12 feet. Mr. Smith emphasized that if the driveway to their garage does indeed extend out 10 feet, this is into the City right-of-way, and does not belong to the Hughes. Mr. Hughes emphasized that the Parks Department has used this point of access to the Park only two or three times this year, and that they could get their vehicles in from the east side, which is open . He questioned the need for maintaining an accessway for vehicles on the west side. Mr. Tanguaa stated that be is familiar with this area, and that the "No Parking " signs have not bad too much effect on the problem experienced by Mr . and Mrs . Hughes . He stated that the entire east side of the Park is open, as well as part of the south side; the park maintenance vehicles would have to go over the sidewalk, but they would have access from both the east and south sides . He stated that the parking lot on the east side of th e Park is very rarely f ull, but people still park in front of the Hughes ' property . He stated that the property owners have a legitimate request ; they cannot get in and out of their driveway, and the Parks Department uses the accessway very rarely for their maintenance vehicles • Mr. Bilo asked if Mr . and Mrs. Hughes were objecting to pedestrian access in this right-of-way? Mr . Hughes stated that pedestrian traffic could continue to use the access as far as they are concerned . They do object to a vacation • I • - • • • • • • -4- that would still allow automobile parking along the right-of- way . Mr . Hughes reiterated that he does not feel the Ci t y needs to maintain an easement or accessway for vehicles a t this point. Mr. Bilo pointed out that if the entire right-of-way were to be vacated, it would no longer be public property, and the public would not have acc ess t o the park across the priva te property . Mrs. Hughes pointed out that it is only one-half block to the other end of the Park, and she felt people coul d easily walk that far to get to the Park. Mr. Bilo asked if a Public Hearing would be required if the right-of-way were to be vacated? Mr. Wanush stated it would not require a public hearing . Discussion ensued. Mrs. Becker asked about the possibility of retaining a pedestrian accessway that would not need to be 16 feet wide, and would eliminate the possibility of vehicular traffic at this point. Mr. Wanush stated that he was not aware that such a thing has been done in the City of Englewood, but that there are "pedestrian easements " in other jurisdictions which would give access by foot-traffic. Mrs. Becker stated that with access from two sides of the Park that the Parks Depart- ment would have no reason to retain a 16 foot wide vehicular access at this location. Mrs. Pierson stated that she was in sympathy with what Mr. and Mrs. Hughes want to do; however, if the City were to vacate the right-of-way, it must be verified that there is no need for this right-of-way . Mr . and Mrs . Hughes have both stated that while there is not heavy use of this right-of-way, the Parks Depart- ment does in fact use it two or three times a year, and Mr. and Mrs. Hughes have both indicated that there is pedestrian traffic to the Park through this right-of-way. This use of the right-of-way would preclude vacation of the total right-of- way. If a 16 foot right-of-way were to be maintained by the City, the adjoining property owners could develop an additional 22 feet with landscaping or whatever; a 16 foot right-of-way would mean a lot less people parking in this area, Mrs, Pie rson stated that she did not feel, considering what has b e en stated by Mr. and Mrs . Hughes, that the Commission could r ecommend vacation of the entire right-of-way. Mr . and Mrs • Hu g hes could r ealize most of what they want wit h the 22 foot va cat ion on either side of the 16 foot easement or right-of-way t o provide access . Mr . Lat hrop stated that now that Mr. Tanguma, Chairman of the P l a nnin g and Zoning Commission, had arrive d , h e would turn the me e ting over to him . Mr . T ang uma a sked if the members of the Commission had further ques t ions o f Mr . and Mrs . Hughes? No further questions were a sked o f Mr . and Mrs . Hughes . Mr. Tanguma asked if there wer e furth e r c omments in favor of the vacation? I • - ( • • <. • • • • -5- Mr. Villnow stated that he owns the property at 4260 South Lipan Street. He questioned Mrs. Pierson's statement regarding paving of the 16 foot right-of-way if the vacation we re to be approved? Mrs . Pierson stated that her question was whether or not the Coamission could recommend that the 16 foot right- of-way be paved if the vacation was recommended to City Council. She stated that she had not realized that it would be a financial obligation to the adjoining property owners when she raised the question, but it was not a recommendation. Mr . Bilo asked Mr. Villnow his feelings about the 16 foot right-of-way. Mr . Villnow stated that if the 16 foot right- of-way was needed, he would approve retention of such right- of-way. However, as far as actual usage of this right-of-way, the largest piece of equipment that he bas seen go through this access gate is a lawn mower, and there are other access points on the east and south side. He stated that he would approve the idea of a pedestrian walkway easement if the right- of-way were to be vacated; he felt this would be good. Mrs. Pierson asked if Mr. Villnow used the right-of-way for access to his driveway? Mr . Villnow discussed the access to the carport on their property. Mr . Wanush reminded Mr. Tanguaa that the City Council has continued the City Council meeting to 7:30 this evening, and suggested that should the co .. ission wish, they could recess the aeeting and reconvene in Conference Room A. Mr. Saith suggested that possibly the Co-ission aembers would want to consider postponing further consideration of this matter until the next aeeting to provide further opportunity to the staff to verify with the Parks Department the actual need for aaintaining right-of-way for vehicles at this location. Mr . Saitb stated that be felt right-of-way for the maintenance vehicles should be aaintained unless it is determined that this is not, in fact, needed. Mr. Tanguaa stated tbat tbe Planning Coaaission would recess at this tiae, and reconvene in Conference Room A upstairs in five ainutes . The Planning Commission meeting was reconvened with the followin g members present: Carson, Draper, Lathrop, Pierson, Tanguma, Becker, Silo. Absent: Saitb, Williams Mrs. Becker asked why it would be "most inconvenient " to close the gate on the west side that has been provided for maintenance vehicles when it is used only two or three tiaes a year. Mrs • Pierson pointed out there are a nuaber of people who use the gate; even if vehicular traffic were closed off there must be provision for the pedestrian access. Mr. Silo stated that if the gate for maintenance vehicles were to be closed, the gate I • - • • • • -6- f or pedestrian access would remain open. Mrs . Becker state d that she felt it would be logical t o maintain a pedestrian easement but to restrict vehicular access from the wes t side of the park . Mr. Carson stated that if a 16 foot righ t-o f-w a y were maintained, no one would park in the area anyway • .Mrs. Hughes emphasized that the pedestrian access meets with the ir approval ; while the Parks Department did make use of this vehicular accessway twice in the past week, they have used it only once previously this year . She did not feel the need for retaining vehicular access has been shown. Mr. Tanguma stated that he felt there was adequate access for the parks equipment from the south and east . Mrs. Becker stated that Councilman Smith had indicated to her t hat there was some particular piece of lawn equipment that could be daaaged by going over a curb. She felt that this should be verified by the Parks Department . Mr. Bilo stated that he would favor postponing this matter unt il someone from the Parks and Recreation staff could elaborate on the justification to maintain the vehicular acces fr om the west . B ilo moved: Ca rson seconded: Consi deration of vacation o f West Quincy Place right-of-way be postponed until the next meeting, which is scheduled for October 16th . Mr. Lathrop stated that if a 16 foot right-of-way is maintained as maintenance vehicle access, this would be wide enough to accommodate passenger vehicles, which could still park along this area . To get out of this area, these vehicles would h ave to back out into the line of traffic on South Lipan Street. He felt if there is an easement maintained in this a r ea , it should be narrow enough to keep vehicular traffic out . Mr. Bilo stated that it could be signed prohibiting vehic ular traffic. Mrs . Pierson pointed out that comments from the Parks and Re creation Department were contained as part of the staff report, and that she felt it is a waste of time to postpone t he matter to the next meeting . Mr . Tanguma stated that he fe l t it is a matter of the Commission making a decision whether or not the Parks maintenance people can use the south and east sides of the park for maintenance vehicle access. Mr. Bi lo st ated that he felt the Commission should find out why t h e Parks Department needs this vehicle access from the west. Even if this point of access is used only once a year, there must be a reason for it, and this reason should be s pelled out. • I • - ( A • • < • • • • -7- Mr. Tanguma asked if anyone wished to speak in opposition to the vacation of the right-of-way? No one indicated they wanted to speak in opposition. The vote on the motion was called: AYES: Draper , Lathrop, Becker, Silo, Carson NAYS: Pierson, Tanguma ABSENT: Smith, Williams The motion carried. IV. TRAFFIC PATTERN IN VICINITY OF CINDERELLA CITY. Mr. Wanush suggested that inasmuch as Mr. Smith could not be present for this discussion this evening, that this matter be delayed to another meeting. Mr. Tanguma ruled that this would be postponed until the next meeting. V. PUBLIC FORUM . Mr. Tanguma welcomed Mr. Jim Keller, Executive Director of the Englewood Downtown Development Authority, to the meeting. Mr. Keller stated that he was present to read the following from the act authorizing Downtown Development Authorities, which pertains to how projects to be brought before the Planning and Zoning Commission and City Council shall be handled: §31-25-807 (4) reads as follows: (a) An authority shall not actually undertake a development project for a plan of development area unless the governing body, by resolution, has first approved the plan of development which applies to such development project. (b) Prior to its approval of a plan of development, the governing body shall submit such plan to the planning board of the municipality, if any, for review and recommendations. The planning board shall submit its written recommendations with respect to the proposed plan of development to the governing body within thirty days after receipt of the plan for review . Upon receipt of the recommendations of the planning board or, if no recommendations are received within said thirty days, without such recommendations, the governing body may proceed with the hearing on the proposed plan of develop- ment prescribed by paragraph (c) of this subsection (4). (c) The governing body shall hold a public hearing on a plan of development or substantial modification of an approved plan of development after public notice thereof by publica- tion once by one publication during the week immediately • I • - • -8 - • • • p rece di ng the hearing in a newspaper having a genera l circula t i on in the municipality. The notice shall de- scribe the time, date, place and purpose of the bear ing, shall gen eral l y identify the pla n o f d evelopmen t area covered by the p lan , and shall ou t line t h e g e neral scope o f the d eve lo pme n t proj e ct u nder c o nsideratio n . (d ) Following s uch h ea ri ng, t he governing body may approve a plan o f developmen t i f it finds that there is a need to take corrective me asures in order to hal t and pre v e n t deterioration of property values within the plan of de- velopment area and if it further finds that the plan will afford maximum opportunity, consistent with the sound needs and plans of the municipality as a whole , for the development or redevelopment of the plan of developmen t area by private enterprise . Mr . Keller stated that he and Mr . Wanush have discussed this matter; the normal procedure for a project approval is to apply to the Pl a nning and Zoning Commission, a hearing is held by the Commission, and a recommendation is made to City Council which body holds a second public hearing , Mr . Keller stated that he thinks the Hearing process is an obligation of the City Council, and not the Planning Commission. Mr . Keller stated that he feels he should submit the development program of the Downtown Development Authority to the City Council ; the Planning Commission would be asked by City Council to re- view and comment on it, and the City Council would then hold a public hearing. If the Commission makes no comment within 30 days from receipt of the proposed Development Program, the City Council may proceed without comment from the Commission. Mr . Keller stated that the Downtown Development Authority Executive Co.mittee met with the Public Service Company on t he purchase of Public Service properties on Broadway and Lincoln . The EDDA has the first right of refusal on the purchase of these properties until December 31, 1979 . He stated that he understood an o ffer has been made on the property the EDDA had hoped to acquire for the walk-through. With the limitation on the Public Service properties to the e n d o f the year, and considering the possible loss of the p roperty for the walk-through, Mr. Keller suggested that t h ere was need t o "move " on the Development Plan and avoid any unnecessary delays. Mr. Keller asked if it would be possib le to s e t some dates and deadlines to work toward on t h e su bmiss i on o f th e Development Program. He stated he fe l t the Deve lopme nt Authority would also want an opportunity t o meet wi th the property owners and businessmen in the block that would b e a ffected by the purchase o f the pa r king lot. He fe lt t hey should also meet with the businesses that would be a f fecte d b y the building of a mini-mall and park back o f t h e sto res . Mr . Keller emphasized that whenever the Authority c an mov e f o rwa rd, they should do so; Public Service Company i s now in th e mood to sell, and he did not feel this momentum should b e lo st • • I • - l • • • • • • -9- Mrs. Pierson asked if she understood the procedure, which would be that the Commission makes a recommendation to Ci ty Council, and the City Council holds a Public Heari ng? Mr. Keller stated that the City Council would receive the proposed Development Program, and would have to refer it to the Commission for review and co .. ents. Discussion ensued. Mr. Tanguaa stated that it seemed time- consuming to him to have the Development Program submit ted to City Council, for Council to have to refer it to the Planning Co .. ission, and for the Planning Commission to then have to refer it back to City Council. He asked if both bodies could consider the develo~ent proposal at one time? Mr. Wanush stated that he would not reco .. end such a procedure; he feels City Council needs an independent review of the proposal by the Commission, but he did not see any problem in the 30 day time limit for the Commission's review and recommendation. Discussion ensued. It was suggested that Mr. Keller aim toward getting the Development Plan to City Council on November 5, to the Planning Commission on November 7, and that the Planning Commission have their formal review on November 20th. VI. DIRECTOR'S CHOICE . Mr . Wanush stated that at the last meeting, Mr. Carson had registered concern about a burned shed on property on South Lipan; this has been removed. VII. COMMISSION 'S CHOICE . Mrs. Becker asked if the Minutes were formally approved? It was noted that the Minutes were approved on a ruling from the Chair. Mrs. Pierson discussed the relocation of the "Brown" house at University Boulevard and East Dartmouth Avenue . She stated that she has watched the progress on this relocation; it is the biggest building that has ever been moved, with 8,600 square feet, and weight of 400 tons . Mrs. Pierson stated she under- stood that arrangements are being made to have this structure placed on the historical register. Mrs . Pierson stated that she felt it would be appropriate for the Commission to write a letter of congratulations to the owner of this structure commending them for the restoration and preservation of this structure . Discussion ensued. Mr. Wanush stated that the staff would draft a letter of congratulations to the property owner. It was suggested that possibly the Commission could request a tour of the structure when the refurbishing was completed . The meeting adjourned at 8:05 P.M. • I • • - • • ( • • • • ENGLEWOOD PUBLIC LIBRARY BOARD October 9, 1979 5 c The Englewood Public Library Board met for its regular meeting on October 9, 1979, in the Library Meeting Room at 7:30 p.m. PRESENT: ABSENT: ALSO PRESENT: Merlyn Beaver, Glenna Bennett , David Clayton, Sue Mueller, Dalton Nordyke , Margaret Pearson, and Dorothy Wheelehan. Paul Busch and Lois Sterling. Sharon L. Winkle, Director of Libraries Eileen E. Browne, Recording Secretary. In the absence of both the Chairaan and the Vice Chairman the Board elected Sue Mueller as Chairaan Pro Tea for the meeting. The meeting was called to order at 7:35 p.m. Glenna Bennett aade the motion: To approve the minutes of the September 11, 1979, Board meeting as recorded. Seconded by Merlyn Beaver; the motion carried. Dalton Nordyke read his report on the Used Book Sale. Councilman Clayton 110ved to: To accept the report and have it attached as a part of the Minutes of this •eeting. Seconded by Dorothy Wheelehan; the motion carried. Margaret Pearson stated that due to her employment she would not be able to devote enough ti•e to organizing and heading the Used Book Sale next year. Dalton Nordyke emphasized his appreciation for the support and assistance provided to the Book Sale by the Library Staff. Margaret Pearson requested that the Director prepare a list of equipment and/or materials to be considered by the Book Sale Committe for purchase for the Library from the proceed of the sale . LIBRARIAN'S REPORT : The Director updated the Board on the preparations for the White House Conference on Libraries and Information Services and distributed an article on the National Library Act from a recent issue of the "Library Journal." Sharon also informed the Board of a gift of Horse Car memorabilia donated by Mr. S. J. White. The Director discussed the Library Board and Library Budget Requests as presented to City Council. I • - (' • • • • • -2 - At the Central Colorado Library Systs (CCLS) Amual Meeting a new Board of Directors was elected and the 1980 Budget was approved. Ms. Winkle asked the Board to consider the revised REQUEST FOR RECONSIDERATION fora - a questionnaire used when a patron or citizen aakes a co.plaint about Library aaterials. Margaret Pearson suggested that the Board take ti.Jae to review the Book Selection Policy in conjunction with the revised Request for Reconsideration fora and discuss this aatter further at the November •eeting. FRIENDS: After discussion. Dorothy Wheelehan agreed to beco.e the authorized s1gnatory for the Freinds checking account. There being no further business the •eeting adjourned at 9:45 P·•· I . - ( (' ( • • • - 2 - At the Central Colorado Library Systea (CCLS) Annual Meeting a new Board of Directors .. s elected and the 1980 Budget -s approved. Ms. Winkle asked the Board to consider the revised REQUEST FOR RECONSIDERATION fo~ - a questionnaire used when a patron or citizen aakes a coaplaint about Library aaterials. Margaret PearSOil sugested that the Board take tille to review the Book Selection Policy in coajunction with the revised Request for Reconsideration fo~ and discuss this aatter further at the Noveaber aeeting. FRIENDS: After discussion, Dorothy Wheelehan agreed to becoae the authorized Slgn&tory for the Freinds checking account. There being no further business the aeeting adjourned at 9:45 p.a. I . - ( • • • • • • TO: Englewood Public Library Advisory Board DATE: October S, 1979 We are pleased to inform you that the Annual Used Book Sale was held as scheduled on Saturday, Septeaber 29, 1979. The endeavor can be considered a success for several reasons: The proceeds before ainor expenses aaounted to $763.60. All books and aagazines were disposed of through sale or gift, thereby precluding further action by those responsible. Nu.erous persons participated in the project, the Library Staff and several other City personnel coaperated in various ways over an extended period to assure ca.pletion of the task. In retrospect, soae caa.ents appear to be in order as we consider next year: Responsibility should be exclusively that of the Friends Group, with support and assistance fro. the Library Board. The endeavor most surely results in favorable publicity for the Library and the City of Englewood. Consideration should be given to finding a way to clear more aoney . A broader base of workers is needed fro• the first day of activity to aake the task aanageable. Respectfully, J~' ~,~,M,c_..., /11~il/~ DI.N:eeb I • - (~ • • • • • • ENGLEWOOD DOWNrowt\ DEVEWPMENT AU'n!ORITY 3535 s. Sherman---Englewood, AO 80110 781-7885 5 D BOARD OF DIRECTORS REGULAR MEETING Wednesday, October 10, 1979 12 :00 Noon 3535 s. Sherman Board Melllbers Present: IU.len, Galsson.Glenn,.Holthaus, Kaufman, Max- vell, Robotull, Stones, and Executive Director -Keller. Board Melllbers Absent: Mann, .Mausolf, and Coleman. Guests and Visitors Present: Ralph Murphy, Les Jenkins, Hovard Olson, Richard Wanush, and Rebert Prangley. Board chair.an Kaut.an called the ~ting to order at 12:27 p.m. Minutes of the Septelllber 12, 1979 Regular Board meeting were approved as published, on motion by Casson and Second by Robohm. Motion carried. Minutes of the Septelllber 26, 1979 Special board meeting vere approved as published, on motion by Allen and second by Stones. Motion carried. Treasurers Report -Cash on hand earning interest $103 ;213.C7. Recieved to date $126,383.75. Budgeted incoae for 1979, $130,317.00 Bills in the a.ount of $1622.11 vere presented for pay.ent. Upon motion by Stones, and second by Allen the billa are authorized to be paid. MotiCXI carried. Oaainun Kaut.an appointed Stex~ea c:hainaan and Robohm as a Budget revi- ~ttee under the finance and Bond COIIIIIIittees to prepare the operating budget for 1980. Les Jenkins explained his proposal for property and premises insurance for the EDDII. • Upon motion by Allen and second by Holthaus, this policy is to purchase i-diately. Motion carried. In regard to The Indell- vificatiCXI Policy, application forms must be submitted and a preaiua deterained by the insurance company before action can be taken by the board -Jibers. Upon motion by Glenn and second by Maxwell, the tax mill levy for the Downtown Devel~nt Authority District for the tax year 1980 shall r..ain at 5 aills. Motion carried • I • - - • • • • • • EDDA BOARD MINUTES----10/10/79 -pg· 2 Bauqhar Associates proposal for the M.A.I. appraisal of the Public Service and N.O.B. properties vas judged to be too high. Upon IBOtion by Glenn and second by RDboha the Executive C~ittee is to seek IBOre quotations and -ard the cnntract at its discretion. l!t:ltion carried. Chairaan ltaut.an reported on the favorable ~~eeting that he had with Mr. Sachter this IBOrning and al.ao gave a short report to the board about the ~~eeting of October 9, 1979, with the business owners in the 3400 block of so. Broadway. Board ..mer RaboluD reported a ~nt that he received suggesting that instead of the Mini Park and Mini Mall, only the backs of the properties in the 3434 -3460 area be up graded. Upon IBOtion by AabohJl and Mcond by *-11 the Draft for Discussion regarding the purchase of Public Service, the Walk-'l'brough, Mini Mall and Mini Park shall be the proposal to be preMnted to City Council for approval. l!t:ltion carried. 'l'hur8Clay, October 25 at 7: 30 a ·•· a Special board ~~eeting is to be held at the board office for all property owners in the 3400 block of So. Broadlfay both sides of the street. Invitations to the .. ung are to be sent by return r-ipt -il to help bring attention to the ... ting as well as certifying that the property owners did receive their ... ung notice. Upon IBOtion by Allen and second by 9obolul the Executive c.-ittee is to cleteraine and engage special legal Council to handle -tters pertaining to the fo~tion of the special uses.-nt district, purchase of the Public Service and II.O.B. properties and to serve as Bond council for the financing of the project. l!t:ltion carried. upon llc»tion by Holthaus and llec:cnd by llmlwell a request is to be ~ to Public Service to re.we all parking fro. their property except their cuata.ers, aployees and peraitees. l!t:ltion carried with one no vote. Meeting adjourned at 1:28 p.a • I • - • • • • • • 'DiGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 s. Sheraan---Englewood, CO 80110 781-7885 BOARD OF DIRECTORS SPECIAL MEETING Tuesday, October 9, 1979 8:45a.m., 3535 So. Sherman MINUTES Board Me.oers Present: Kaufman, Allen, Mausolf, Robohm, Holthaus, Executive Director-Jim Keller, and Community Developaent Director, City of Englewood- Richard Wanush. Board Me.oers Absent: Mann, Cole.an, Glenn, Gaason, Maxwell and Stones. Guests and Visitors Present: Jackie Eggleston, Lonnie Eggleston, Mar ian Buchner, A1 Reiser, Letaan Sachter, Richard Konecne, Merle Koon, Helen Wolf, Roseury LaPorta, G.G. Andert, Roger Ro- boh•, and Walter Stoel, and Honey Reiser. Olair.an Kaufman called the -ting to order at 8:45 a.m. After a few brief ~ning reaarks chairaan Kaufman turned the -ting over to Director Keller to explain the proposal for the 3400 block of South Broadway -copy attached. 'l'be queation of eiiPloyee parking was brought for discussion. Park- ing spaces in the proposal are to be used at the descretion of the payor of the space. In the future E.D.D.A. will address a proposal for perhaps using part of Cinderella City or a parking structure with llhuttle service for eiiPloyee needs. Merle Koan of Englewod Liquors eKpressed his opinion of non support as he would lOOM the parking adjacent to his back door in the construction of the Mini-Mall and Mini-Park. There vas also concern expressed that the property owners on the West side of the street should share equally vi th those on the east side in the cost of the Walk-'l'brough rather than a 1/3 I 2/3 ratio as ex- pressed in the proposal • Many other suggestions and caa.ents were discussed and tbe .eeting adjourned at 9:15 a.m. Total people present 6 fr~ E.D.D,A • 1 froa City of Englewood 13 business people I • - • • • • • ENGLEWOOD PARKS & RECREATION COMMISSION Minutes of October 11, 1979 5 E The regular monthly meeting of the Englewood Parks & Recreation Commission was called to order by Chairman Jack Poole at 7:30 p.m. in the Parks & Recreation Office. Members present: Allen, Hewitt, Poole and Romans ex officio (Richards entered the meeting at 7:50 p.m. ) Members absent: Harper and Howard Also present: Richard M. Tapply, Asst. Dir., Parks & Recreation Leon Kuhn, Asst. Dir., Parks & Recreation Allen moved, Hewitt secoooed, that the minutes of the September 13, 1979 meeting be approved as written. Motion carried. Director Romans asked that the discussion of the Five Year Capital Improvement Program be postponed until another meeting when more members could be present. '6 The Commission asked that a copy of the Capital Improvement Program together with staff recommendations as to priorities be mailed with the agenda. Asst. Director Kuhn gave an update on the second nine holes of the golf course. He reported that the construction is about 85% complete at this date but the seeding will not be done until next spring. The City is still working with the Corps of Engineers on the construction of the bridge over the Platte River. Asst. Director Tapply reported on the meeting of the Senior Citizen Advisory Committee held last week. He said that considerable discussion was held concerning the registration procedure for programs held at the Senior Center as to whether or not residents should be given preference over nonresidents. They concluded that, pending approval of the Commission, starting with the January 1980 registration 1 Englewood residents should be registered first. There was also discussion concern- ing the number of people that one person could register. They recognize this problem and feel that something should be done but recommended that nothing be done at this • I . - • Parks & Recreation Commission Minutes of October 11, 1979 Page -2- • • • time but look at the situation again after the january registration. After further discussion, Richards moved, Allen seconded, that starting in january 1980 Englewood residents be registered before nonresidents for all programs at the Senior Cenrer. Motion carried. Asst. Director Tapply reported on the status of the Englewood Community Center Committees. The Finance Committee has received a $500 donation from the Lions Club to help with the expense of the study and survey and another $500 will be solicited from area businesses. Tile Program and Facility Committee has completed the first part of their study on what facilities are presently available in Englewood, facilities in other areas and what facilities might be included in a Community Center in Englewood. Tile Education Committee has done a great deal of work preparing a slide show and brochure to go out to the community. A survey will be sent out through the schools and also one will be taken of the general public door to door. These surveys should commence sometime after january 1, 1980. A speakers bureau will also be available through the Education Committee. The Financial Statement showing revenues and expenditures through August 31, 1979 was presenred for review and information. A slide show prepared by Gerald LaChance promoting the River Rafting Program was shown and received very favorable response from the Commission. The meeting adjourned at 9:00 p. m. Edith E. Romans, COI'Cfing retary I . - • • ~ Andy McCown, City Manager --.ofiiiiCI PWIOU- • • • DA11: 5 F October 23, 1979 ~ Gary R. Diede, Director of Engineering Services ..aiEl• 1979 Out-of-State Trip During the week of September 23, 1979, I attended the International American Public Works Congress and Equipment Show in Portland, Ore- gon. This year the event set an all-time attendance record of more than 6,000 people. Portland is an older city than I had expected, but it has an advanced highway system. The super structures connecting the interstate high- way and major thoroughfares across the river are something to see. I can't imagine the amount of problems they must have had building them. They have the same type of parking problems that the Denver Metro area is experiencing with every available square foot of ground being used to hold a multi-story building. The convention was centered in the Portland Memorial Coliseum with some meetings held in various hotels in other parts of the City. The equipment display seemed to be much larger than the one last year in Boston. The sludge injection vehicle was of special interest to me knowing our problems of disposal from the Bi-City Treatment Plant. Several cities are using this method on pasture and farmland but the vehicle seemed more adapted to a tilled field than the pas- tures. It uses spring loaded furrow teeth to separate the soil so the sludge can be injected. The seminars and panel discussions subjects were excellent this year. The problem being that many of them of interest to me were occuring similtaneously making it impossible to attend each one. One in particular, minority contractors and businesses was a situation that I felt Denver would identify with. In trying to protect and encourage minority contractors, Cincinnati, Ohio recently set up a city government department to review city contract specifications. The purpose was to make sure that the city was following federal regulations to prevent job discrimination of contractors and advise the other departments of how to work with minority contractors. It was pointed out by the speaker that nationally 4% of the businesses are minority owned while only 0.7% of the construction dollars are under contract with minority businesses. In order to better their position in the market place, Cincinnati encouraged the minority groups to unify into trade organizations. A revolving local fund was set up in which a minority contractor could borrow money in order to finance a project contract. He could use the funds for payroll or • I • - • • • Andy McCown, City Manager October 23, 1979 Page two • • • construction materials as he saw fit. The federal government added $350,000 to their loan fund to help get it off the ground. It was intended to provide the smaller minority contractors with the capital to accept a contract where start up funds would have prevented them from even being able to begin. The controversial item of qualified low bidder is still being discussed. Another topic of interest to my department is the conversion to the metric system. The present schedule for the United States is to begin publishing the metric system in January 1981 with the actual conversion in 1985. The metric system is to be the universal standard for weights and mea surement. Australia converted its highway system on July 1, 1974. There wasn't the chaos and increase in accidents many of the critics had predicted. The managing and coordinating functions proved to be the most difficult, not the expected fear and confusion of the public. Only metric signs were put up except at low clearance obstructio~and even those were removed in one year. This was the most significant point--they did not mix double signs-metric with english. Miles became kilometers, feet and inches became meters and so on. People seemed to convert in one day, without comparing miles to kilometers, etc. The reason the u.s. has not converted yet is Congress is reluctant to set the date earlier. Canada is presently in the process of going to the metric system and feels it is progressing in good order. They only wish they could do it faster. It is verv important to qet people to accept a centimeter for a centimeter, not that 2.54 centimeters equal 1 inch. One item I was particularly glad to hear favorable results on is the use of Petromat fabric under asphalt street overlays. More and more cities are reporting successful use of the fabric to control reflec- tive cracking up through the new asphalt overlays. We started using thi s material in 1977 in Englewood, and feel that it is the most cost effective method on the market today. I want to thank you and the City Council for allowing me to attend the convention this year and feel it was very much worthwhile. Respectfully, ~:r:.::.~ Director of Engineering Services GRD:bjs • • I • - - <(I • • (( • .. TO t An d • McCo wn , City ta n age r • • • IN"f1I.OMCI IWIDIANDUM DATI: ~ Kell s Wag oner . Direc tor o f Publ i c Work s Oc t o ber 30, .., ~~ 1 9 7 9 Inte rnational P ubli c Works Co n g res s and Equi pme n t S h ow Dur i n g the per iod fro m September 2 2nd throug h Septemb er 27th , I attended the 1 979 I nternational Public Works Congress and Eq u i p - ment Show i n Portland, Oregon. The Congress was v e =y good and consisted of g ener al sessions for all attendees; conc urrent sessions sponsored b y the differ ent i nsti tutes i.e . Insti tute for Adm i nistrative Management, Ins t itute for Building and Grounds, Institute for Equipment S e rv i c e s, Inst itute for Municipal Engi nee ring, Institute for So l i d Wastes, Ins titute f o r Transportation, I nstitute for Water Resources , and t he Ut i l i ty Location and Coo rdinati on Counc i l; concurrent s em i n a r s ; a n d roun d - table discussion s. The Equipment Show contained over 200 exhibitors ranging from displays of large equipment such as graders, street sweep e rs, etc. to information booths for Federal Hwy Admin i strati o n and EPA . S tre et Sweepers were of particular interest this year since we have o n e budgeted f or 1980 and serious co.lsideration is being g i v en to a v acuum type ma c h ine i n order to pick up mo r e of the fin e p ar ticle s. Informat i on wa s r eadi l y ava ilable and I broug ht back some for our Street Super i nte n dent to check . Sessions attended c o v e red t opi cs s uch a s: "\'late r and Sewer Capac i ty Management " where i t wa s s t r essed that lon g -term planni n g f o r f uture developme nt i s a mu s t i n order t o e l i mi n a t e ca pac ity p rob l em s . Allocation p rogr am s c a nnot b e u sed to contro l growth, they mus t have a ra t ional bas i s. Alloc a tion p rograms s hou ld include r equir emen t s that t h ere i s a n approved s ubdiv i s i on, that they are requ ired t o ta p o n t o the sy s tem , that the buildin g s b e u nder con struc t i on within two ye a rs . "New and Retrof it Water Con s e r v at i on Devices " where it was po ~n t ed out t hat p r e ss ure s at 4 0 p s i o r l ess will u s u ally r educ e u s age and tha t edu cation in the s c hools will c ut d o wn o n use in the home . "Ve h icles of t h e 80 's" s t ated that mo s t ca r s , b y 198 5 , will b e smaller on t h e outs i de and l ighte r i n weig ht . "Eq u ipme nt Req u i r e men ts f or the Future" emphas i zed that wi t h s p ec i alty e qui pm ent o n e shou ld analy z e the n e ed and usage o f the 8 q uipment to d t e r mine the type and n umb er requ ired . • I • - • • • . ndy .M Co "n O c ~o ber ~o, 1979 • a e tw • • • "Wha t's Right and Wrong with Indust ria l Cost Recovery?" The purpose of ICR was s o tha t the f ederal g o vernme nt would not be su bs idizing industrial us e rs when ind eed t h e y ma y b e using a majo ity of a waste tre atment p lant . The r eport indica te s that ther e i s very little right an d a lo wrong with ICR a nd recommended a ban donmen t of the Industr 1 al Cost Recove ry charges. "New, Revised a nd P roposed EPA Re gulations" po in ted ou t that management c ontr ol a nd expenses for ope r at ic of a wa ste treatment plant will have to stay with the municipal ity , bu t t hey ma y wa nt to look to the pr i vate sector and contract fo r oper a tions and maintenance. "Impact of Regulat i ons on Water and Wastewater Management " related the experiences of various agencie s wi th Federal re gulat i on s on pre-treatment, construction grants, local drainag e , and potable water supplies. It was the general feeling that EP A re g u lations have caused cons i derable incre ases in cos ts and have f orced cities into extreme expenditures. "Impact of 208 Plans on Management of Urban Stormwater Runoff". A Buffalo, N.Y. sewer authority manager sta ted that implementing 208 plan proposals were compl i cated, costly , and c onfu s ing . "Impact of Water Pricing Strategi es on Co n s ervation." Pric i ng policies should be adapted a t local level not nationwide. The reasons for cons ervat i on a re inadequate wa ter supply fo r expected growth, to save capital costs and to ga1n public support . A water conservatio n program consists of publicity , educ at ion, p l umbing c ode changes and the pricing structure . "Modern In formation Manageme nt Ne eds." This talk related to needs at a wastewater plant and stated that t h e primary sensors are usually where a breakdown occurs . The i nfor mation provided is needed by the o perators to run t he pla nt, managers to p l an for f u t ure and EP A to regulate effluent . "En ergy: I s s ues and Answers ." Th e problem is the ma ssive addict 1on to oil and the solution is to g et rid of the addiction b y cutting c onsumption. Petroleum will h ave to b e r eplaced with other fo rms of e nergy . S yn thetic fuel s will cost more than petroleum fuels. In S an Diego all new buildings have to hav e solar hot water heaters . I • - - • • • Andy McCown October 30, 1979 Page three • • • "The Federal Bridge Replacement and Rehabilitation Program." It was stated that lack of funds could be the cause of lack o f interest in the program. It is expected that the program will continue and funding will probably increase. The State wi ll develop rankings on bridges and FHA is there for appeal, if necessary. "Specialized Inspection Systems." Talked about the use of infa- red and nuclear testers. "Corrugated Plastic Tubing for Highways and Roads." "Herbicide Root Control in Sewers." "Land Application of Sludge and Industrial wastes." It was pointed out that surface application and subsurface injection are the only good methods of sludge disposal, but a good analysis is necessary before the application is made. "Sludge Disposal" was a round table discussion where it seemed that everyone was having similar problems i.e. sludge disposal and odor problems. The same problems were occurring all over the United States from Montana to New York to North Carolina and to Oklahoma. It was generally felt that the cities are going to have to spend the money to provide the best system and proceed with sludge disposal. The Director of Engineering Services also attended the Congress, but we had gotten together ahead of time to make sure we did not attend the same sessions. I enjoyed the Congress and wish to thank you for allowing me to attend. ~ l:ec-f£.9 -~~--~~{ls Waggoner, P.~. Director of Public Works I<W:bjs I • - - • . . -. • • • • ltA TO: FROM: Mayor Taylor and Members of City Council Andy McCown, City Manager DATE: November 1, 1979 SUBJECT: EDDA Proposal Attached is a copy of the proposed improvements in the 3400 block of South Lincoln and South Broadway as submitted by the Englewood Downtown Development Authority. City Council should study and become familiar with the plan for improvements as submitted by the EDDA. Council should also refer the plan to the Planning and Zoning Commission for its review and written recommendations as required in Title 31, Article 25, Part 8 of the Colorado State Statutes. Council is required to hold a public hearing on the plan before it can be approved. It is theref~re recommended that City Council refer the plan to the Planning and Zoning Commis- sion and request their written recommendations prior to the regular Council meeting on December 3, 1979 and set a public ?.J;;Jr.;:an for that ... uug. AND~ COWN City Manager AM/sb • • I . • - ( • • • • ENGLEWOOD l.JOWN'I'Oim DEVELOPMENT AUTHORITY 3535 So. Sherman---EnglewOOd, co 80110 781-7885 pg. 2 ~RAFT FOR DiscussioN PURPQ~ in <he 3400 block of '•· B<oadwxy, So. Lincoln, xnd <he 00 block of E. Girard and E. Hampden. l. To install 122 public packing spaces on the west side of the 3400 block of So. Lincoln Street. 2. Tb establish a PEdestrian walk-through connecting the 122 parking spaces with so. Broadway businesses at 3450 so. Broadway. 3. To assist the owners of the properties located on the east side of So. Broadway to improve the aPPearance of the ceac portion of their buildings facing the 122 parking spaces by co .. '''"'ion of x Mini-Moll f<oo 3434 <o 3469 So. B<oxdwoy. 4. To establish a Mini·Pack adjacent to the Mini-Hall in the area from 3434 to 3460 So. Broadway. The name "Lincoln Pack" has been suggested. INTRODUCTION ln <he no<mxl do"'lopmeni of x modo<n "'b'<bxn beighbo<hOOd •hopPing f«iliiy, P<O•ixion fo< x Plxoe io P•<k <he '''OOObile "'ed in ge<<ing io <he oen<e, ix •n xbxol,ie neoexxi<y. When <he exix<ing '•· B<oxd- •xy <e<xil •<o<ex •e<e b'il<, '''OOobilex we<e lexx p<e'elxoi •nd <he Xi<ee<ox, P<o•ided Poblio i<xnxpo<ia<ion fo< xhnppe<x. Rooen< exoxl· •<ion in gxxoline "'"'• xnd P>xxible •ho<txge of "'PPly pl,x O<he, f•o<ou ~Y diminioh <he ''~<h of <he "'<bxo xp<~l" xnd b<ing x return of people to the urban center to live and shop • I • - • • • • • • pg. 2 They will not totally give up the automobile and a provision to •park it• is essential if a merchant is to be competitive in facilities with other shopping centers. Included in the rent for space in a newer neighborhood center is the cost of the land and improvements for parking spaces. To acquire land and improve it for parking several years after building of the retail facility is considerably more expensive than had it been done at the same time. PARKING LOT ACQUISITION AND CONSTRUCTION COST ESTIMATES: Based upon professional appraisal of the value of the largest parcel of vacant land available for purchase in the 3400 block of So. Lincoln and assuming a yield of 122 spaces, the land cost would be approximately $1,900 per space. Improvement costs for paving, landscaping, lighting, striping, bike racks and fencing are estimated to be approximately $325 per space bringing to $2,225 the total cost per parking space. The first space in each row will be identified as reserved for the handicapped. OPERATIONAL COSTS: Sweeping, snow removal, lighting, maintenance of the landscaping, paved surfaces, and restriping, are budgeted at $3.00 per space per month • FINANCING: Under the authority of the act enabling the creation of the E.D.D.A., there is a provision to sell tax exempt bonds to the investment com- munity to provide capital funds to acquire the land and make the im- provements for the parking facility • • • I • • • - • • pg.3 Money to repay the bonds and inte r est will come from income obtained by leasing the parking spaces to property owners who will benefit from this improvement. To enhance the saleability of the bonds and diminish the interest rate, a Lease Revenue Bond should be used. '11le City leases the parking spaces from B.D.D.A. for an amount to cover the bond principal and interest estimated to be $17.00 per space per month. In turn the City re-leases the space to the property owner at $17.00 per space per month plus $3.00 per space per month to cover the operational expenses. Provision in the parking space lease is to be made for escalation of maintenance costs. All business property owners located on the block bounded by So, Broadway, So. Lincoln, E. Girard and E. Hampden shall lease the number of spaces that would be required under the zoning code were they constructing a new business building. Based upon a City survey using the present occupancy, 286 spaces would be required. Omitting the residential need reduces the count by approximately 40 spaces. The assumption is made that the residential use would be after the close of business and not conflict with use during business hours. The number of new spaces to be created would approximate 50\ of the required parking, therefore, each business property would be ,obligated to lease the appropriate number of spaces at $20.00 per month, per space • • No business property would pay for less than one space. (See page 5 for table of spaces per address) • • I • __, • • - (• • • • • • • pg. 4 RE: OWNERS OF PROPERTIES 3434 to 3460 SO. BROADWAY-"Mini-Mall" With the existence of the Safeway Store and the improvement of the parking spaces adjacent to the back doors, an opportunity is created to put an improved "face" on the parking lot side. A covered "Mini-Mall" would: l. Hide the roof mounted mechanical equipment. 2. Provide common area space for display windows and communication with the proposed "Walk-through." 3. Relocate or enclose the unsightly utility meters and connections. 4. Provide the opportunity for uniform signing. The estimated cost of $100,000 is to be prorated among the stores directly benefited in relation to the 200 feet front footage of their exesting buildings, or $500.00 per lineal foot. The cost of this improvement could be paid as a lump sum or financed over a period of time as in a paving district. It is expected that eventually the mall would extend the full length of the block. MlNI-PARK The land adjacent to the Mini-Mall and west of the alley behind the stores numbered 3434-3460 is ideally suited for creation of a small park, approxi- mately 200 feet north to south and an average of 35 feet wide. Acquisition of the land would be by special easement. Installation of park landscaping, walkway, irrigation system, fencing, furniture, and playground equipment estimated to be $22,000 • • I • • • - • • • • E NGLEWOOD DC'\'I !(TO~·:i: DEELC'Pl•;Y.:i·~T J..U'f ECiUT";' P ag e 5 l'iON'l'HLY NIN I HALL Ri::QUIHBD · AVA IL ASLE PARK I NG WALK THRU ASSESS . ,,. EAST S I DE FRONT P.l,rtK IIIG PARKING A!JSwS . ASSESS . ~500 .00 { s . BDWAY r'T . SPA CBS SPJ..CES S2o.oo Sl 28 .0 :J Ft . FO OT ~400 100 82 41 8 20 12 ,800 3418 20 4 ':! ~li 2.260 2 4 22 20 6 2 60 2 .81Q 24 ?4 47 20 1 0 200 6 1 0lG _ _2434 1 9 2 1 2o 2 ' 4_32 9 500 -20--2 43 6 1 5 l l 1 .220 1 200 3 438 n 2 i -20 1 ,66 4 6500 344 0 23 2 l 20 2 19 44 I l 500 :HH ~3 2 1 20 l ...Lbb4 6500 244 6 l7 2 i 20 2 l ?b 8500 3448 21 3 2 40 2 ,b88 10500 2420 18-wark 0 ---o--· ---. -o 2-;304 9oo-o-= 3 4 5 4 20 I n 9 H .lO 2! 5 6(j I Colili 3 ~5~ I2 2 I 20 I 1 5 )o 61:501:5 ;~~0 ;n ~ 2 ~(j ,.s~L> rs L>o o 3~70 ~g P.S I 8 g mu 6 ,2 '7 2 ~47E> l b 2 I zo z.o4s 3478 1 8 4 ·2 40 2 304 3480 20 r est . 10 5 100 2 . 560 ;~!1 ~ 25 20 10 200 3 ,200 34qo I2 I I 20 I , 536 ~~9~ 20 2 I 70 2 5 34 96 20 o ffi c e 7 4 eo 2 : ?60 ~ ~~99 27 l> ) bO 3 45o 1 6 B Gi r ard NLA 3 401 s. L inco l n " 340 II ~11:2 II ~1 2 :Z II 4 2 342 II ---·-----· i -··-··-----1 " West Side Fro nt Foot Walk ·r hru Assessm ent s. Bdwa ;r S b4 .oo 405 2412 3 417 3 4 21 50 3 ,200 ---~~-------------------~nr---------------~2~49 --~rn~------------------------~5~0~------3;2oo ____________ _ 25 600 _, • 2? _l~-600~------------ 25 1, 600 -zs-------------r;6oo------- J ~20 50 • 3 ,200 1 • (·00 I) I . .. • - • • pg. 6 Total funds necessary to acquire the properties and install the improve- ments are approximately $649.000. The EDDA has made a request by letter of September 21, 1979 to the City of Englewood for $135,000 in donated cash funds toward the entire project. If this donation is awarded the cost figures quoted in the project may be able to be reduced. The E.D.O.A. proposes that an assessment district be formed to assist in acquiring money at the lowest possible cost to assist the property owners in financing the various improvements. E.D.D.A. funds are avail- able to cover the costs of legal~design, engineering and other professional fees necessary to a project of this magnatude. I (,' • • I • • - • • • • • ; C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT October 29, 1979 6 B Annexation to South Arapahoe Sanitation District Supplement 25 INITIATED BY South Arapahoe Sanitation District ACTION PROPOSEDApprove annexation of additional land into South Arapahoe Sanitation service area. • INTRODUCTION: A request was made by the attorney for South Arapahoe, representing the owners/developer, of possible annexation to the South Arapahoe service area which is served sanitary sewer by the City of Englewood. BACKGROUND INFORMATION: Supplement 25 is an area containing 1.963 acres for three single family homes. This area is located south of East Orchard and west of South Franklin Street. FINANCIAL DETAILS: None RECOti4ENDATION: That the District be allowed to annex Supplement 25 to South Arapahoe Sanitation District subject to receipt of a letter from South Arapahoe Sanitation District that acknowledges understanding by the District that no additional taps will be granted under the tap allocation formula because of the additional land added to the District under this and future supplements . 0 I . - • ,1' • • .. • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR REC(JI£NDATION OF THE ENGLEWOD WATER AND SEWER BOARD DATE: October 16, 1979 SUBJECT: SUPPLEMENT 25 SOUTH ARAPAHOE SANITATION DISTRICT RECOMMENDATION: That the City Council approve Supple~ent 25 to South Arapahoe Sanitation District subject to rec;ei pt of 1 etter frolll South Arapahoe Sanitation District that acknowledges understanding by the District that no additional taps will be granted under the tap allocation formula because of the additional land added to the District under this and future supple~ents. Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By~--~--=--------------~~ThOils E. Gibson I l I . - • • • • • • ENGLEWOOD WATER AND SEWER BOARD Regular Meeting October 16. 1979 The .eet1ng .. s called to order at 5:15 P.M. Meabers present: Gibson. Best. Feamster, Taylor, Ullery MeMbers absent: Harper, Mann. Schnackenberg, Witthus Also present: SteNart H. Fonda, Director of Utilities I. DENVER WATER BOARD CITY DITCH CROSSING PERMIT Mr. Fonda stated that the Denver Water Board was requesting permission to cross City Ditch with an 8" water main. The Denver Water Board has supplied the necessary documents for the crossing and the work can be accomplished when the City Ditch is shut down for the year. No action is required by the Water and Sewer Board as the original agreement with the Denver Water Board gave them the option for a crossing with proper notification to the City of Englewood. I I. SEWER TAP ALLOCATION PROGRAM Mr. Fonda stated that contact was made with all sanitation districts that are served sewer through Bi-City treatment plant advising them of the sewer tap allocation that became effective October 1. 1979. Each district was advised of the number of taps that they could receive from October l, 1979 to October 1. 1980. Several sewer districts appeared before the Council to protest the allocation system and advised Council of the hardship it would impose on their district. Another meeting has been scheduled for October 30. 1979 with the districts to discuss the problems that have been created by the sewer tap allocation system . III. NEW SEWER ORDINANCES Mr. Fonda stated that the first reading was published on October 3. 1979 for the ordinance on sewer tap charges that are based on the size of water tap. An ordinance establishing a contract with littleton on sewer tap allocations will be considered at the November 5 Council meeting . • • I . • - - (l • • • -· • -2- IV. SUPPLEMENT 25 SOUTH ARAPAHOE SANITATION DISTRICT Mr. Fonda stated that a request was made from South Arapahoe Sanitation District for inclusion of a residential area which contains 1.963 acres for three single family homes . This area is located south of East Orchard and west of South Franklin Street. Mr. Taylor mved; Mr. Best seconded: That the Board rec.-nd to the Ctty Council approval of Suppl..,.t 25 subject to receipt of a letter fro. South Arapahoe Sanitation District that acknowledges under- standing by the District that no additional taps will be granted under the tap allocation for.ula because of the additional land added to the District under thts and future suppl~nts. Ayes : Nays: Gibson, Best, Feamster, Taylor, Ullery None Absent: Harper, Mann, Schnackenberg, Witthus Motion carried. Meeting adjourned at 6:25 P.M . I . - - • • ( . • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM October 31, 1979 6 c~ SUBJE'CT Vacation o f a portion of the right-of-way for West Quincy Place . INITIATED BY City Planning and Zoning Commission ACTION PROPOSED Pass an Ordinance vacating the north and south 22 feet of Rigbt-of-way, retaining a 16 foot accessway for park maintenance vehicles and pedestrians . INTRODUCTION: At the tiae tbe Hayes Subdivision was platted in 1955, a 60-foot right- of-way identified as West Quincy Place was provided for a distance of 125 feet east of South Lipan Street. All of the property east of that point was then the Fout farm, and the right-of-way was provided to that point in anticipation of the farm being developed and the street extended similar to West Princeton Place to the north . The City, however, pur- chased the Fout property and it is now the location of Jason Park. The west side of the Park is fenced ; but there is a gate for the use of the Park's maintenance crew and another for pedestrians off of the subject right-of-way. Soae persons using the west side of the park have found the west pedestrian gate convenient and have parked along West Quincy Place, blocking the driveway of the adjacent property . The Traffic Division has posted No Parking signs along the gravel roadway, but they have not corrected the problem . Mr . and Mrs . Jerald Hughes, property owners to the north, have requested that the right-of-way be vacated. The Parks and Recreation and Engineerin~ Services Departments have recommended that 16 feet in the center of the right-of-way be retained for access for the maintenance vehicles and for pedestrians using the Park . This would permit the north 22 feet of right- of-way to be vacated to the property owners on the north, and the south 22 feet to be vacated to the property on the south . CONCLUSION AND RECOMMENDATION: Retaining the 16 feet in the center of the 60 foot right-of-way appeared to be a compromise to a majority of the members of the Planning Com- mission; retaining adequate access to the Park, while making it possible for adjoining property owners to delineate their properties and thus eliminate the parking of vehicles by people using this Park • • • I • • - - ( ,· • • • . , It is reco .. ended that an Ordinance be prepared and approved to vacate the north 22 feet and the south 22 feet of the right-of-way for West Quincy Place, dedicated for public right-of-way by the Hayes Subdivision Plat in 1955. The 16 feet running through the center of the 60 foot right-of-way would be retained for vehicular and pedestrian access to the Jason Park. SUGGESTED ACTION: MOVED BY ___________ _ SECOND __________________________ __ YES _____ ~NO _____ ~ABSENT __________________________________ __ • • I • • v.I LI __ __ - - .- ( ; • • . ~ • -2o- IIEIIORANDUII TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RBCOIOIENDATION OF THE CITY PLANNING AND ZONING COIOIISSION . DATE: October 16, 1979 SUBJECT: West Quincy Place -Right-of-way Vacation RECOIIIIBNDATION: Pierson .,ved: Bilo seconded: The Planning Commission recomaend to City Council that the right-of-way vacation along West Quincy Plac~ be approved, retaining a 16 foot right-of-way for vehicular and pedestrian access to Jason Park. AYBS: Saith, Becker, Bilo, Carson, Draper, Pierson NAYS: Tanguaa, Lathrop ABSENT: WilliaiiS The .,tion carried. By Order of the City Planning • Zoning Co .. ission. I • • - ( • • • STAFF REPORT Page -1- STAFF REPORT RE: • • • STREET VACATION Case #23-79 Vacation of street right-of-way on West Quincy Place. DATE TO BE CONSIDERED: October 2, 1979 NAME OF APPLICANT: Jerald Hughes 4240 South Lipan Street Englewood, Colorado 80110 NAIIES OF ADJOINING PROPERTY OWNERS: Jerald and Geraldine Hughes 4240 South Lipan Street Englewood, Colorado 80110 Delbert and Leola Villnow 4260 South Lipan Street Englewood, Colorado 80110 RELATION OF APPLICANT TO REQUEST: Mr. Hughes is requesting the vacation of the subject property on behalf of hiaself and the owner of the property adjacent to West Quincy Place on the south. LOCATION OF PROPOSAL : West Quincy Place is a dead-end street which runs east from South Lipan Street to the western edge of Jason Park. The area o f right-of-way •easures 60 x 132 feet . ZONE DISTRICT: The street right-of-way is within the R-1-C Zone District. I • - ( • • ( • STAFF REPORT Page -2- DESCRIPTION OF THE REQUEST: ; • • • STREET VACATION case #23-79 Mr. Hughes is of the opinion that the 60 foot right- of-way serves no public purpose and is requesting its vacation. PROCEOORE: If the Planning Commission decides the right-of-way for West Quincy Place should be vacated, in whole or in part, a recommendation to that effect will be sent to the City Council. If the Commission determines that the right-of-way is needed for a public purpose, a report would be sent to the City Council, but the City Council would not act on the matter unless the applicant appealed the Commission's action . DESCRIPTION OF ADJACENT AREA: West Quincy Place is located within a block of single- family homes, with Jason Park to the east. The unimproved street provides access to the garages at 4240 and 4260 south Lipan Street, and to the west side of Jason Park. PREVIOUS CITY ACTION: West Quincy Place was dedicated when the area was subdivided in the Hayes Subdivision in 1955. The street currently provides pedestrian and maintenance vehicle access to Jason park, and access to the garages at 4240 and 4260 South Lipan Street . COMMENTS FROM OTHER DEPARTMENTS: Both the Parks and Recreation Department and the Engineering Services Department recommend that a 16 foot alley be retained to allow park maintenance vehicles and public walk- in access to the park. (See attached memos). The Police Department, Fire Department and Public Service Company had no objections to vacating the right-of- way for West QUincy Place • 0 I • • - - ( • • STAFF REPORT Page -3- ANALYSIS AND RECOMMENDATION: • • • STREET VACATION Case #23-79 Although West Quincy Place is not used for traffic, it is used for public pedestrian access and park aaintenance vehicle access to Jason Park. This park is aore of a passive recreation area, and there are no pathways or other access froa South Jason Street on the east side to the west side of the park. The park personnel use the west entrance to get their maintenance equipaent into that area and to close it off coapletely would be aost inconvenient. For this reason, the staff recoaaends vacating only the north 22 feet and the south 22 feet of the right-of-way, retaining a 16 foot alley in the center for access to the park. • I • • - • • • • • OEI'AI<T :.IIN I Oi' COMO.HJNII y OFV(LQPMF.NT F.Nr.LFWOOO. rOLO~AOO /7/. SEP 1 v197S',.·. ~ . , . "' /· ------·-' ;,_.. / .. ~-,. /' ~u TO: E. P. Raaans, Director of Parks and Recreation FROM: Leon Kuhn, Assistant Director of Parks and Recreation DATE: Septe.ber 14, 1979 SUBJECT: C~nts Reqarding Vacation Request, West Quincy Place The street vacation request regarding West Quincy Place has been reviewed . My ccc1111e,ts are u follows: 1. I have been informed of complaints from adjacent property owners arising from park users' cars blocking residential driveways. 2. I requested proper signing, which has been done. Since then, I have not received any notice of complaint. ( ~jection to vacation as long as a l6' easement is maintained to allow 1.ty acces .. s through the double folding chain link gate and public walk access is llowed through the walk-through gate. Assistant Director Encl . • I • • - • • • ...-.oMCI P'T auiDIM ; • • • OEP ... Rf:,lENT OF COMMUNI f'r DEVELOPMENT ENGLfWOnC) l"nlnPAOO SEP 1 ·~ 1979 ~ Dorothy A. Romans, Asst. Director of DA~ September 14, 1979 Planning ~ Gary R. Diede, Director of Engineering Services ~~ WEST QUINCY AVENUE VACATION REQUEST ON WEST SIDE OF JASON .PARK With reference to the above street vacation request on West Quincy Avenue, we have been informed by the City Parks and Recreation Department that they must maintain an access to the park for maintenance equipment. In order to provide 1.his access I would recommend that the City maintain a 16' wide alley right-of-way from South Lipan Street to the west edge of Jason Park centered on the existing 60' right-of-way. This would result in vacating a 22' wide right-of-way strip adjacent to each of the properties. In addition the existing curb and gutter returns should be removed and curb, gutter and sidewalk extended to match the east side of South Lipan Street. The City of Englewood would pay only for the 16' length to provide the alley access, and the property owners would be responsible for the other curb, gutter and sidewalk costs. ~~~- Director of Engineering Services GRD:bjs • D I • • - - ~ • • !!"'~ 1! '' p '' ! - I I n/1 ! LL I l...-(o)• ~TU-P I T I L:J0 ~ ... ~-·--- ': S. • • • • L ·l050 0 L ·960 L-,_q., 1-2 140 1 -2580 1-29.0 sl L · 900 'W H:·1 1-293{; I r; I L...___J l o~.t 'S I -·---- 1-1880 L -li.J ~U 1 -·~so L-105 u L-~.0 ~ I-2C L I K:: I 0 L-960 1·29 2 ( 8 w [.5" ------- ST .-t / y E t ~ot. '-32 7(. -g--· ~ L - 1; H'·<4S . ~5 < () ~-=---~-z I' -I ~ w ~ 0 L-9 !J L -93C 1 -~050 I -2 770 r.,' :r z JASON PARK • - - A I • • • I! :: m L ·1050 L -960 L-~rL I 1-214 0 1 -Z58v 1-2!:1.0 'i p I I n/t ll__ lf(a}-STU•F I ]-s I L:JG L -900 'TI H:4 1 I [; i I -29 :!c; L..__j ! 4.t 'S ~ ... ~ . ---------• S. ,_, ~[W·-~-=-~---==-====~r===L=IR~A~~=~~ -< t 42911 I~ L -9 00 ,~ 1-309 0,, · • /r'·lfs·& __ ~ 5j • L-1050 1·1880 L -10 5 0 1 -1~80 L-105 u u L-9 30 L -93 0 I ·3 150 •-2 9 4 0 VI • L-~.0~ 1-ZCU: L-960 1-29 2 ( .-t ~' r E t .... ov I -32 7(, L - 1; B . - 1<:: I --- w lJ -- ST CJ g-· ~ -- H ·o4S • <IU!S < (") ~:.--=---2: --f -< ~ L. 9 ;J L -93C ' I · ~050 I -2770 1'7 :r z JASON PARK • - • • • ~TAFF REPORT ADDENDUM Case #23-79 • • • RIGHT-OF-WA Y VACATION Page -1- The City Planning and Zoning Commission considered the request submitted by Mr . Jerald Hughes to vacate the portion of West Quincy Place extending east from South Lipan Street, at th e meeting on October 2, 1979. You will recall that the Parks and Recreation Department and the Engineering Services Depart- ment had requested that a sixteen (16) foot alley be retained to provide access for pedestrians entering Jason Park from the west and for maintenance vehicles and equipment, if the right-of-way were to be vacated. The staff then made this provision a condition to the vacation in the recommendation to the Planning Commission in the staff report. There was some concern expressed at the October 2nd meeting that the Parks Department really needed to enter the Park from the west, and it was stated that there was access to the Park from the east and south and anyone wanting to walk to Jason Park could walk around and enter the Park from West Quincy Avenue or South Jason Street . The Commission members postponed action on the vacation request until the meeting of October 16th in order that someone from the Parks and Recreation staff could elaborate on the justification to maintain the vehicular access from the west . The Planning Division staff has contacted both Leon Kuhn, the Assistant Director of Parks and Recreation in the Parks Division, and E. P. Romans, the Director of Parks and Recreation, in an attempt to clarify their position. Mr. Romans pointed out that Jason Park was one of the first neighborhood parks in the City that was developed using Federal funding and that in applying for money from HUD, the plan for the neighborhood park had to be submitted showing the nature of the park, parking and access. The City also signed a statement that nothing would be done to change the character of Jason Park in the future when HUD funds were made available. Because the entire block on South Lipan Street between West Quincy Avenue and We st Oxford Avenue is developed with single- family houses, presumably family units, the direct access to the Park off of West Quincy Place strengthened the request for HUD funds for the neighborhood park . West Quincy Avenue is a designated truck route, so little children should not be encouraged to walk along it to go to the park and taking West Princeton Place to South Jason Street is a circuitous route for small children going to the Park from the west. Mr . Romans pointed out that the primary purpose of a neighborhood park is to be accessible to persons living in the neighborhood. Adequate pedestrian access is essential . As to the need for access from the west for maintenance vehicles, Mr. Romans was of the opinion that it, too, should be retained. Because Jason Park abuts private residences on the west and - I • - - • • STAFF REPORT ADDENDUM Case #23-79 • • • RIGHT-OF-WAY VACATION Page -2- north, the Parks Division tries to maintain the area adjacent to those yards and keep weeds from growing in and along the fence. It is much easier for the maintenance personnel to use the west entrance rather than carrying the equipaent in from the east or south or driving the trucks across the Park. If a tree is to be reaoved or planted in the western section of the Park, the equipment is heavy and should not be driven over the lawn any further than necessary. Mr. Romans questioned that the maintenance crew uses the west entrance as infrequently as reported. Mr. Kuhn echoed Mr. Roaans• stateaents and added that he personally is aware of several coaplaints that have been received by the office staff because soaeone had locked the pedestrian gate on the west side of Jason Park. In checking, the Parks Division staff found that soaeone other than the City had placed a padlock on the gate and it had to be cut off. The Planning Division staff reiterates its recoamendation that the right-of-way for West Quincy Place not be vacated un- less the sixteen foot alley is retained for entrance to the Park by the maintenance vehicles and for pedestrians. Jason Park is a public neighborhood park and it should have public access where that access existed at the ttae the plans for the Park were approved. In the case of the right-of-way for West Quincy Place, the public benefit of retaining access would seea to override any benefit to particular individuals by its vacation • • I • • v ln -• • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE October 31, 1979 SUBJE'CT Vacation of Right-of-way on the West Side of South Clarkson Street in the 3100 Block . INITIATED BY City Planning and Zoning Commission ACTION PROPOSED Prepare and approve an Ordinance Vacating the Subject Right-of-Way . INTROWCTION: The right-of-way for South Clarkson Street between East Dartmouth Avenue and East Eastaan Avenue varies between 81 .37 and 80 .85 feet in width . South Clarkson Street is designated in the Master Street Plan as a Collector Street, usually 60 feet in width, and it has been in a Paving District. The excess width came from the property on the west, and those property owners ask that the right-of-way which is not needed by the public be vacated back to the property from whence it came. The City will still have between 66 .45 and 68.50 feet of right-of-way after the vacation. CONCLUSION AND RECOMMENDATION: Inasmuch as the 3100 block of South Clarkson Street has been in a Paving District and there are no plans to widen the roadway, curb, gutter or sidewalk, there is no need to retain the excess right-of- way for street purposes, and it can be vacated. There are underground utilities in this strip of land for which an easement should be re- • tained. • It is recommended that an Ordinance be prepared and approved by City Council, vacating the following described right-of-way with the re- tention of an easement for access to Utilities: That land adjacent to the east side of Lots 25 -48, Block 4, Bank Addition, beginning at the Northeast corner of Lot 48, Block 4, Bank Addition, thence East 12 .87 feet; thence South to a point 14 .4 feet East of the Southeast corner of Lot 25, Block 4; thence West to the Southeast corner of said Lot 25; thence North along the East line of ~·Block 4 to the point of beginning, containing 8385 square feet more l::"'" or less • • • I • • - • • •, - • • • SUGGESTED ACTION: I . • MOVED BY'---'--------- ~~L-SEC-OND~~~~~~~~~~~--------------• . YES ___ ~NO, ___ __,ABSENT _______________ _ • - - .. • • • -21- IIBIIORAMDUII TO THE ENGLEWOOD CITY COUNCIL REGARDIRG ACTIOR OR RECOMKERDATIOR OF THE CITY PLARRIRG ARD ZORIRG COMMISSIOR. Da\TE: October 16, 1979 SUBJECT: 3100 Block South Clarkson Street -vacation of Excessive Rilht-of-way on West Side RECOMMERDl TIOR: Carson 110ved: Saith seconded: The PlaDDiDI Ca.aission reco.aend to City Council the vacation of the following described rilht-of-way, retaining an easeaent for utilities through this land: That land adjacent to the east side of Lots 25 -48, Block 4, Bank Addition, beliDDiDg at the 'Northeast corner of Lot 48, Block 4, Bank Addition, thence Bast 12.87 feet; thence South to a point 14.4 feet Bast of the Southeast corner of Lot 25, Block 4; thence West to the Southeast corner of said Lot 25; thence 'North aloDg the Bast line of Block 4 to the point of begiDDiDI, containing 8385 square feet 110re or leas. AYES: Lathrop, Pierson, Sllith, Tanguaa, Becker, Bilo, Carson, Draper RAYS: RoDe ABSBRT: Willi&• The 110tion carried. By Order of the City PlaDDiDg • :~Ding eo-issioD. I . - .. • • STAFF REPORT Page -1- STAFF REPORT RE: • • • RIGHT-OF-WAY VACATION Case #25-79 Vacation of street right-of-way on the west side of the 3100 block of South Clarkson Street. DATE TO BE CONSIDERED: October 16, 1979 NAIIBS OF PROPERTY OWNERS: T. R. • V. v. Croisant 3101 South Clarkson Street Englewood, Colorado 80110 R. W. • E. w. Coleaan 2701 South Clarkson Street Englewood, Colorado 80110 W. E •• S. K. Kading 3131 South Clarkson Street Englewood, Colorado 80110 R. S. • K. L. Stevens 3135 South Clarkson Street Englewood, Colorado 80110 Edward J. Cronin 3141 South Clarkson Street Englewood, Colorado 80110 Valorie C. Drayer 3151 South Clarkson Street Englewood, Colorado 80110 Williaa R. Hagge 7236 South Kendall Boulevard Littleton, Colorado 80123 G. A •• E. K. Pelton 3175 South Clarkson Street Englewood, Colorado 80110 C. D. • B. A. Muller jl85 South Clarkson Street nglewood, Colorado 80110 F. B. • C. J. Golus 2929 South Patton Court Denver, Colorado 80236 I . - • • ; • • • STAFF REPORT Page -2- LOCATION OF SUBJECT PROPERTY: RIGHT-OF-WAY VACATION Caae #25-79 A strip of land varying between 12.87 and 14.4 feet wide along the west side of the right-of-way for South Clarkson Street in the 3100 block. ~ONE DISTRICT: R-1-C, Single-family Residence. CIRCUIISTANCES: The existing right-of-way in the 3100 block of South Clarkson Street is 81.37 feet wide on the north end of the block at East Dart~uth Avenue and 80.85 feet wide on the south end of the block at East Eastman Avenue. The street bas been in a Paving District and the roadway bas been aligned with that to the south, leaving the excessive right-of-way which is not being utilized for street purposes. There are utility lines within the area, however, so an easement should be retained for maintenance of those lines. PROCEilJRE: If the Planning co .. ission deteraines that the subject right-of-way is not needed for street purposes, the proposed vacation will be referred to the City Council with a favorable reco .. endation. RECOIOIENDATION FROII THE DEPARTMENT OF COIIIIUNITY DEVELOPMENT: The Planning Division staff is of the opinion that there is a strip of land 14.4 feet wide north of east Eastman Avenue and 12.87 feet wide south of East Dart.autb Avenue on the west side of the 3100 block of South Clarkson Street which is not needed for right-of-way purposes . The staff therefore recommends that the City vacate the following right-of-way, retaining an easement for utilities: That land adjacent to the east side of Lots 25 -48, Block 4, Bank Addition, beginning at the Northeast corner of Lot 48, Block 4, Bank Addition, thence East 12.87 feet; thence South to a point 14.4 feet East of the Southeast corner of Lot 25, Block 4; thence West to the Southeast corner of said Lot 25; thence North along the East line of Block 4 to the point of beginning, containing 8385 square feet more or less • I • - • • • • • STAFF REPORT Page -3- RIGHT-OF-WAY VACATION Case #25-79 The staff takes this position upon finding that: 1. South Clarkson Street is designated as a Collector Street on the Master Street Plan from East Yale Avenue to U. S • 285, which designation typically requires a 60 foot right-of- way width. It is not necessary, therefore, to have right-of- way in excess of 80 feet. 2. The roadway in the 3100 block of South Clarkson Street was in Paving District No. 14 of 1964, and the street and sidewalk construction does not utilize all of the right- of-way. There are no plans to redesign or reconstruct the roadway. 3. By vacating the excessive right-of-way, the ra.aining right-of-way width in this block will be coaparable to other Collector Streets within the City. It is suggested that an easeaent be retained aero .. tbe subject property for access to utility linea as rec~nded by the Director of Engineering Services. \1. IBmCRIPI'ION OF SUBJECT AREA: Bank Addition Subdivision is part of the ori&iaal City of Englewood. Block 4 is bounded by East East-n AYeaue on the south, East Dart.outb Avenue on the north, and South Washington Street on the west. South Clarkson Street, of course, is at the east boundary of the subject property. Tbe block is fully developed by single-faaily houses, as are the areas to the north, east, south and west. BACKGROUND OF PREVIOUS CITY ACTION RELATING TO THE PROPERTY: The subject area is part of the original Englewood and bas been zoned for single-faaily residential use since 1940, the first Zoning Ordinance of record. RELATIONSHIP TO THE COMPREHENSIVE PLAN: The vacation of this strip of land will not be in con- flict with the Master Street Plan section of the 1979 Proposed Coaprehensive Plan. In this Plan, as in former Master Street Plans, the 3100 block of South Clarkson Street is designated as a Collector Street. • I • • - - • • • STAFF REPORT Page -4- COIDIENTS FROII OTHBR DEPARTIIENTS: • • • RIGHT-OF-WAY VACATION Case #25-79 There has been no objection expressed to the vacation of the unused west strip of South Clarkson Street right-of- way in the 3100 block. The City Engineer has reco .. ended retaininc an easeaent on the vacated land to assure future access to water and s;as lines servicins; the adjoinins; properties. PLAKNING DIVISION AKALYSIS: There ia no public purpose in retainins; the unused por- tion of the ris;ht-of-way in the 3100 block of South Clarkson Street. Vacation of tbe 12.87 -14.4 foot strip will leave the City 66.45 feet of ris;ht-of-way at Bast Bast .. n Avenue and 68.50 feet of right-of-way at Bast Dart~uth Avenue for South Clarkson Street, which width is adequate for present and future uaea of the street • \ 1 • • - - • • • INI'IaOMCI •••cru-- D. A. Romans, Ass i stant Director of DA11s Planning Gary R. Diede, Director of Enqin .. rinq Services ... C.I nl\. oc : J.-137 !:l October 9, 1979 -.cl1 Vacation of R.O.W. on the West Side of the 3100 Block of South Clark80n Street I recommend vacatinq, but retaininq an easement of a portion of the South Clarkson Street R.O. W. adjacent to the east aide of Lots 25-48, Block 4, Bank Addition, described as beqinninq at the Northeast corner of Lot 48, Block 4, Bank Addition, thence East 12.87 faet1 thence South to a point 14.4 feet East of the Southeast corner of Lot 25, Block 4; thence West to the Southeast corner of said Lot 251 thence North alonq the East line of Block 4 to the point of beqinninq, containinq 8385 square feet more or leas. We will still have a 66.45 feet R.o.w. at Eastman Avenue and a 68.50 feet R.o.w. at Dartmouth Avenue for Clarkson Street. ,-~/?J..;£ Ga~~ Diede Director of Enqineerinq services GRD:bjs 1 I • • • 'mji L-12 -L·900 r;-1 r;-J I ·J95u 1 -j 60 1·39 L-:100 L-.'0 t .·'~~~ L ·I3~U J ...L --~--·-·---1-45o ~ -------····- '118 4f ·12 00 L-12 L -120 0 C u I·J2 ·-~79 t::J ~ 8 A N K A Dh.. •-284 I · 260 l ·ifJ C 1-3350 ------------------------------------------------· .. _l -----l -F= 0. 1-:;"1 ~~L ·t200 L.:!J CD 1 ·3550 r1=1~ r-J-.6 -· LL 4'5 I " .. ".s It I N fT )) cr. ~ ~ CLARKSON ~ 1 --· ~ f =~3 L34 .· F ·-; --· ~-(!__ -:-=-= ---- . 1 . -:c -)1 ~ J ' .... · •.. I _,;.:.: ·.· . 1,. -- 1 --··ar 1 l· ~cJ · . ::·~~ ;f:,)l l· :-,. .: J r ·-: l "j .. r ~l ~--:'¥>-~_ {\ibft .. ,: t _-;.~._I __ 1~1~ 6*!AIIEL ... ~ 1-j . 700 1 700 !i -/L. { ..• ,JjJ.(' ]." ?UC . .z-:. ,..."l.!'~' 240,' ... : 2816 r t . 4 /. ··] j • .>';"·! ,. I ·_j 4!50 . ':".:{ ;· . ·::6f· 1540 - ,:,~ / : i l ·l;~ ''0 .. c -1 ~z ,_ •. .t;-fC '\ : t i :X .1' ,,_/{;A.'£. NONE .I! :1 1 -·--:~--:. .. -=-JJ .. :_r, ~~.~-:~,~ ·.r~~: --.h .. -··r -~.·-,-.-r--·-.---r ~--~ --~l ·~~ ~,r ~--IT -~-Jtilmt·rt n &\15P'r;a;;e~e-=:ez7a;;h...,...~ .......... ~ .. ...-.--· ~ .,-..;...-.... -~--===~ • • I I I :. '· ' • • • ~ ·. ;;; r--------- I NL-1 200 B mL 350 L·I20C I [jJ L -120 0 L -1200 ~ [I] '200 L-6\lU ~ -1 350 r-Iii ~L -1200 I Ull -3840 I 3240 1 -~8'5 I -116 BLG CK 4 1-4360 -.l650 l ·"'o~ I -2960 s (D I ·3550 I . L·600 L..-120( L·l20 l I 1-1 100 1·385C 1-458 , ~ I 0 I .--n_ ~ ~ .__ 1.--,-I f--- 1..---: (T )) u: j.r-1 I r-r---0 ~~ ~ -. ~ ' g ,.____ ~ " ~-y ol•(i ~ ~ I "' --~ "' II F ·& 11 -1 ., /I ·S ... ~ •• II F ·(, ~-I 1#-.Si ·6 it -F·~. Jl , t41 IS' I ~~ I l0 ~ 3. 01 I l....l ~~ J :J/~7 3/f$ ..___ w I 311 '-L. ~ ....... I ~ I I - _,2.S I :IS I I I 25 ~:. 5 I --r--\[ ·-. ~ ,-' ~ ~-SOUTH & CLARKSON 1\5 ~ . _E-_J:_--= ~ ,... -,-:1,'' l ~/( .... " i•' . t·-j ~ :· •• ;;,. ~__, • J!:...!R::. r.. 1 r '· -6~"'"'En: ' I r.A i M [_ I f · . , f ~I 460 -· · 4io ) ~~ . L -320 I...-32C' t -§.ZtJ J. ·~. i r -/'-'o z ·-~~ z·-1 020 ~ ~ ,~ 1940 1700 1480 -I ._ ~ ..-. ----'8 .._ ..,.. • ..._J -..Q ~ ..-...· -.;-__.. -~--------- _c ~----f .... _J ' -- s;: -· ---~-~ F-3 L_;'f f ~ -1 ----~ • I J ... :' . : :.: .. :·. I ~ .... J. · •· · ~Zc ·G l" ~::-' . :> - f -----,:~.'5"l (1 '1 ~ 4 r~ 1 ..... : J t ... , i .~J ~l -."i .. J 1 460 • L -320 lt · ,c~·-.: f ~u~J·· J • .I I ~· - !.-~~' [-~ rJ .. f-~] ~--~:>:-__ r .).: -'N' L-tzoWl: t · .r-~~ ~ .rv (f c·ri4'8 ·--' --....!.... ----· --.. ~"--=-~-_I __ I~_{~ .- 6/f!AIIEt. ... u.... - 700 ' ' ' 700 ~ ~-/L .. -.J ~r 7 • _.,,c 1 z ~ ""'! '" ~. 240.. : .1.:; ... Z870 ~-E -_1 .I r :.. _ ..... J 1-,:_·., .. I -_j 450 -;·t ;· .. ·:_·~.r 1540 - :cc )l~ / :i!~~ ~z ,_ .. -::-fC '\ I _;· t'v~C A :£. NONE I I. c ·~ .:~ I I I I II • ! -· --:::-. --~· JJ -------<_~ ~ -. -~ " ~-:=.Jun nor .. .;. 1----, . -------~-----.--. ...,., --J---, --,---.,.---.h----. ---~---~ ··-:---,----.----, ----~1 ·~-·:---.-' -. (}j . . . ' r• 0 s :... f ) .If' : 'Y· • ;:,. · . • :~ rr • • I ' ' • -• • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT October 31, 1979 6 E .~ Vacation of 8' Parcel in Timber Lea P.D. INITIATED BY City Planning and Zoning Commission ACTION PROPOSED Approve the vacation of an eight foot (8') strip of .- land deeded to the City in error. llfrROOOCTION: At the tiae the Tiaber Lea Planned Development was approved, the owners of the property, Alsum Brothers, Inc., agreed to dedicate the west eight feet (8') of their property for alley purposes. Their engineer prepared the Quit Claia Deed; it was signed and recorded. Shortly after the Deed was recorded, it was discovered that the eight foot dedication was actually eight feet too far east. Instead of going east from a point 181 feet, it was taken easterly 189 feet, a presuaed typographical error. The original Quit Claim Deed has been corrected and re-recorded and a correction Deed has been recorded which gives the City the necessary eight feet for the alley right-of-way. Now to be certain given in error, a velopaent, it has vacate the land. that the City does not lay claim to the eight feet strip across the rear yards of the lots in the de- been requested by the Title Company that the City See attached staff report. CONCLUSION AND RECOMMENDATION: e The City has no reason to retain the eight feet given in error by the Quit Claia Deed recorded in Book 3057 at Page 787 in the office of the Arapahoe County Clerk and Recorder . It is recommended that an ordinance vacating the following described property be prepared and approved by the City Council . • • I • • - • • - D • • • SUGGESTED ACTION: I • MOVED BY ,. SECOND YES NO ABSENT • - , -~ r • • • • • • -22- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: October 16, 1979 SUBJECT: Vacation of Eigbt Foot Dedication RECOIOIENDATION: Smith moved: J.a throp seconded: The Plannina eo .. ission recommend to City Council tbat vacation of the following described property be approved: A part of tbe Southwest one-quarter of the Northwest one-quarter of Section 35, Town- ship 4 South, Range 68 West of the 6th P.M., City of Englewood, County of Arapahoe, State of Colorado, aore particularly described as follows: Co.aencing at tbe Southwest corner of said Northwest one-quarter; thence Northerly along tbe West line of said Northwest one-quarter 495.23 feet; thence on an angle to the right of 89°53'22" and easterly 189.00 feet to the point of beginning; thence continuing Easterly along tbe aforesaid course 8.00 feet; thence on an angle to the right of 90°06'38" and Southerly 250.00 feet; thence on an angle to the right of 89°53'22" and westerly 8.00 feet; thence on an t .ngle to the rigbt of 90 °0t; '38" and Northerly 250.00 feet to the point cf beginning. AYES: Draper, Lathrop, Pierson, 3aith, Tanguaa, Becker, Silo, Carson NAYS: None ABSENT: Willi&JUJ The motion carried • By Order of the City Planning • Zoning Commission • • I • • - • • ( • STAFF REPORT Page -1- STAFF REPORT RE: • • • VACATION Case #24-79 Vacation of property dedicated to the City of Englewood in error. MTE TO BE CONSIDERED: October 16, 1979. NAIIE OF APPLICANT: Initiated by the City of Englewood. NAIIE OF PROPERTY OWNER: Alsua Brothers, Inc. 3101 South Humboldt Street Englewood, Colorado 80110 ACTION TO BE TAKEN: In order to eliainate any eleaent of doubt on the part of lending agencies, Title companies or others as to tbe proper procedure which bas been taken to correct an error in a Quit Claia Deed recorded in Book 3057 at Page 787 in the office of tbe Arapahoe County Clerk and Recorder, it is proposed tbat tbe City take foraal action to vacate a strip of land eight (8) feet by 250 feet in tbe Ttaber Lea Planned Development. LOCATION OF SUBJECT LAND: The land adjoins tbe dedicated east one-half of the Clarkson/Emerson alley on tbe west side of the Tiaber Lea Planned Development • THE CIRCUMSTANCES : At the tiae the Tiaber Lea Planned Development and Sub- division Waiver were being considered, tbe applicant agreed to dedicate the west eight (8) feet of bis property for tbe Clarkson/Emerson alley because, although there bas been a driving lane at wbat would be the alley location for many years, there bas never been right-of-way given for an alley. I • • - • STAFF REPORT Page -2- • • • VACATION Case #24-79 An Engineering firm prepared the QUit Claia Deed for the alley for Alsum Brothers, Inc., and it was duly signed, notarized and recorded on August 20, 1979. On September 4, 1979, Mr. Vocate called the Planning Division and said that the Title Company had noted that there was an error in the legal description on the Quit Claim Deed. Instead of being at the alley location, the eight (8) foot strip which was dedicated to the City was eight feet to far to the east and is actually across the rear yard of the lots which are to be developed. This could have been an error on the part of the Engineer who prepared the legal description for the Alsuas, or it could have been a typographical error, because in running east froa a point tbe aeasureaent was taken 189 feet instead of 18! feet. - Tbe Assistant Director contacted Marjorie Page, tbe Arapahoe County Clerk and Recorder, after having talked to Mr. Vocate and was told tbat something like tbis which is probably an error in lettering or typing, can be taken care of by aaking tbe correction on tbe original recorded Deed and tben re-recordiDI tbat original Deed. Mr. Vocate was given tbia information and tbe corrected Deed was picked up froa Mrs. Pa'e's office and corrected and recorded as sug- gested by Mrs. Page. Tbe aatter was also discussed witb tbe Assistant City Attorney, and be was of tbe opinion tbat a correction Deed should also be recorded. Pursuinc tbis direction, the staff prepared a correction Deed and it was signed by the Alsuas and this document was also recorded. A Mr. Ward at Trans-America Title Coapany, contacted Mrs. Roaans and indicated be was still uncoafortable witb the procedure and felt the City should go tbrougb tbe normal vaca- tion process. The City Attorney discussed tbis witb Mr. Ward, and while Mr. Berardini did not necessarily agree witb Mr. Ward that tbe procedure tbat bad been followed was not adequate, be suggested to the staff that the matter would be settled once and for all if the City took the steps to vacate the subject eight feet. ZONE DISTRICT: R-1-C, Single-family Residence. RECOIOIDOlTION OF THE PLANNING DIVISION: Tbe staff reco .. ends tbat tbe City take tbe necessary action to vacate tbe following described property in order to • I • - - • • • STAFF RBPORT Pase -3- • • • VACATION Case #24-79 ensure that tbe error noted in tbe Quit Claia Deed, recorded in Book 3057 at Pase 787 in the Office of the Arapahoe County Clerk and Recorder, baa been corrected: A part of tbe Southwest one-quarter of the Northwest one-quarter of Section 35, Township 4 South, Range 68 West of the 6tb P.M., City of Englewood, County of Arapahoe, State of Colorado, ~re particularly described as follows: co .. enciftl at tbe Southwest corner of said Northwest one-quarter; thence Northerly along the West line of said No~tbwest one-quarter 495.23 feet; thence on an angle to the risbt of 89°53'22" and easterly 189.00 feet to the point of besinniDK; thence continuiDI Easterly alons the aforesaid course 8.00 feet; thence on an angle to the risbt of 90°06'38" and Southerly 250.00 feet; thence on an a011e to tbe right of 89°53'22" and westerly 8.00 feet; thence on an angle to the risbt of 90°06'38" and Northerly 250.00 feet to tbe point of bqinniftl. This action is reco.aended because tbe subject land was dedicated to the City of Enslewood in error and the property would be of no purpose to tbe City. For backsround on tbe Ttaber Lea Planned Develo~nt and SUbdivision Waiver, please refer to the Staff Report for Cases Mo. 6-79 and 7-79 and tbe Minutes of the Planning co .. ission ... ting on March 20, 1979 • • I • - ( .. • • ( • • • • --..!:::.-_ ---....,_117 --............................ ... ...... h -·I ....... ..._, ......... c..._. .... lw .. _. ...... .,-.............. 41 ............ -... .. .. , a-.. •• .. a., e1 .......... • -a.&,.u., •• ..._ .. ....., .......... ., .............. ·-..,,... " ......... . "-· --..... Cea ............ w&l : A .... ., .. ,......_,--~ ef ..... ..._, -~· flf ............................................ "''., ......... ~ • ., ............. ., c.a ..... -............. ................ : ~-..... _.._,-., .... ....._. -·-·· .. ,.. ......... , • ._, -. ._, aa..., H141 ..,_, r ...... •.u ..,.: -................. ., .-s•·.r ....... , ....... .. ::::~.:' ~~ '::-: :::.-:.-:.._ ._n';.lr .. --:..~ ~ ....._..,. IM.II f•t : .._ • • .... 1e ............ :!r.~lr .. -·"·" .... '-'; ..... -.-.a. ............... .. ::. ":::':.,.::.::.:::. ~ -:.r.:-...:. 'L--::.. . ........ .!!!!. .... .,._,b. . •.L.· ..--.-· .. • 0 I • - G • ____ j I I ( ( -X--~ -l --------1 l'' J -x--~--- L, I I l ' -=-~=.!!.:==t I I I • ' ' ', ' ' ' • ' .,.L_,.~.._ .••. ,~. ....... ,,~ .. ,,ED. r: ' ' ' ' ' ' ',' ' ' ·c 0 lfi (\) ' ' ' ' ' I \<::SE _j ' ' ' ' ' ' ' ' ' ' • ' ' ' ' ' ' ' ' ' ' ' ' '-I ' ' ' ' I • • -• • - 6 F C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT Action Annua 1 renewa 1 of Liquor Licenses for the businessE~ November 5, 1979 Rec011111ended shown below. INITIATED BY !:Ul' Cletk ACTION PROPOSED AHIIJAL BEHEIIIAL , SAFEWAY STORE 125 E. Hampden Ave. 3.2 Beer Retail ExSires 12-3-79 7-11 STORE 1277 E. Hampden Ave. 3.2 Beer Retail 11-30-79 ARAPS OLD GUN SHOP 3866 s . Broadway Hotel & Restaurant 12-04-79 • KEN I s LOUNGE 2893 s. Broadway Tavern Liquor 12-12-79 E Z LIQUORS 3353 s. Santa Fe Retail Liquor Store 12-09-79 CASUAL LOUNGE 65 W. Floyd Ave. Tavern Liquor 12-19-79 All alcoholic beverage licensees must have their license approved annually for renewal by the local licensing authority • I . ~~ • - - • • • • • • MEMORANDUM TO: Marilyn Irons, Revenue Division PROM: Robert R. Holmes, Olief of Police DATE: October 19, 1979 SUBJECT: LIQUOR OUTLET RENEWAL REPORTS The reporting period for police incidents involving the following liquor outlets is from October 1, 1978 thru October 1, 1979. Safeway Store 125 E. l!!!gPden Avenue Requests for police assistance Officer initiated reports Violations of liquor license 7-Eleven Store 1277 East H&mpden Avenue Requests for police assistance Officer initiated reports ·violations of liquor license Araps Old Gun Shop 3866 South Broadway Requests for police assistance Officer initiated reports Violations of liquor license Ken ' s Lounge 2893 South Broadway Requests for police assistance Officer initiated reports Violations of liquor license E.Z. Liquors 3353 South Santa Fe Requests for police assistance Officer initiated reports Violations of liquor license ~~sh Olief of Pnl f~" 52 0 0 12 0 0 36 0 0 5 0 0 2 0 0 I • • - - MEMORANDUM , , • • • TO: Marilyn Irons, Revenue Division Captain Ronald D. Frazier DATE: October 22, 1979 SUBJECT: LIQ(X>R OUTLET RENEWAL REPORT Note: Rllportinq period for the below listed liquor outlet is October 1, 1978, thru October 1, 1979. casual Lounqe 65 Nest F1oyd Avenue Reques s for police assistance 29 Officer initiated reports 0 Violations of liquor license 0 ~~&~a7~ Ronald D. Frazier, ca;.ain Investiqations Division I • • - • • • • • STATE OF COLORADO DEPARTMENT OF REVENUE llliEWAl API'UCATIOI FOil J .~ .---'---~o"'o'"N"'o"'r"'w"'R"o=re~oN TMOs s •Ac E • FEIIMEIT£0 MAlT IEYEIIA&£ liC£11£1 LIQUOR ENFORCEMENT OFFICER 'S ACTION I&ET API'IIOYAl OF lOCAl liC£11111 AUTIIOIIIn FIIIITI APPROVED <~~•·tt,.c:a "o <roO I ....•... D o• ~oc a ~. L•Cllii S>fOIG SAF E ~AY ST ORE S l ~C 004 01-25061-175 ------~Tt·------ &(QUifiiiO ll .. O 10 C0l-O•AOO P U BX 5927 !k NIIC:" Cu DISAPPROVED -----,...,...------ 8 021'7 ~RTANT SEE INSTRUCTIONS ON THE REVERSE SIDE . MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE . fiiENEWALA .. Ltcart~ ,-o,. J,. "'-~ENTIED M.-LT eEVEfiiAGE LICENSE FOA THE L ICENS ING PE fttoo ENDING~ TOTAL FEE(S) r--VsE-:.ccou NTNI.MIIE RfOfll -·----c,~luu r v.NFoAw.-_:•oN -t--. J 1 l vl-:~::·~:·~5 _ .. ~·~~ 1 ~-~d ·: 1 ;~~~~~ I ___ 1. l_Zv ld~-----~--:~~ SS No.1 S~l4-Q~ ._U«Dcb) SS No.2 SS2..07-1812._(M1tchell) *FEIN __ ..94-o82,...64.....,S4..__ ___ _ I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION EXCEI'T CHANGE OF MANAGER, TRADE NAME OR CORPORATE STRUCTURE. NEW TPADE NAME MANAGER'S NAME .-Eu&ene Po Sauer_ IF APPLICANT IS A CORPCFtATION , FILL IN REVERSE SlOE . ------------~1--·--F-EE--~ ,--...,.$----,2-=-5 -. '..,..:J 0~ --------L_T~E --------NAME AND DESCRIPTION OF LICENSE ~.L_f--3.2 PI:R ~.H. T tll:d\ _R_c_·_T_. A._l_-L -ll LC:NS l _· _ I r-------;-l.HY _ti.5__!'tRl.1:h f u~P F E C. 1 $ *Ae a major public corporation, el[Ceptiona llllll' exist for etockbolden Do you halloo lo9ol-of the .,....,ioeolor whtdl th is -llaotion for I~ is,_? ---TeiiBI-~~~~--~ Are the promioeo-or ,.,ted? ~~ If rented. olfoc:tivo • oxpirotion dota of-2/1/68 to 2/1788- Is •DPiimntfd or ell officer(s) of the corporet•on. cit izen(s) or permenent restdentfsl of tfte United St8tes Df A.,....iC8 •a••ro Is the eppltcent. or 1ny of the pennen, or any of the officers,stockholdef'l or d irectors of utd epphc.,l (If it is 1 c:orporl'tiort). yea or employMS of 1ny JUch, under the Ill of twenty-one vears? _ _____ Vet No 110* H8s 1he appliCIInt , or eny of the partners, or anv of t ha officers, slockhokiers or d irecton of utd ~l iQnl (If it is 1 corporetion) ewr been c:on - vicled of 1 crime in the Stete of Colorado or elsewhere? Yes No BO* If so, stall full dlteils ---------- Hes tht eppl ie~~nt, or eny of the penners, or any officer. d ireclor or slockholder of said epplicant (If it ise corporltion) ever : (e) been denied 1 license under this liquor lew? A .all DUIIIber or applications vhire -a 78"'8'-------No -------Yos vas no t BlioWn. - (b) had 1n 1lcohoiK: beverage license suspended o r revoked? ·-------------Yes No _=NO*=.__ If the enswer is ye ~. e•PIIin fully (lttiCh Mperele shHI, if needed) Does any brewe • 1 or wholese&er h1v1 1 fin1nc iel tnterest , evidenced tither by loens or equity ownmhip in lhe buline11 for which this licenlt il requesled? If the 1nswer is yes, 1t1t1 names end addresses end amount of such finencill interest ••pressed either in dollers or other items of value. such 11 inventory. furniture, fi•tures and equipment ~--------__ _ Yes No DO (._L-i s_l _t_ho_namesandactdr~~Ms of ell bulin~~~es in which -.ny of the persorlsin ~~ priViOulq-.,.-s-ti-on--.r-o-in-t-orwt--tod-.--------.-,----- 1me Busuwss Addrltl •If Federal Employers ldentificlt•on Number (FEIN I is pre-printed in 1he1bovt space. pluse check your records 101ft 1f you have the ume number. If you hive • dtfferent number. correct the one ebove so th1t tt corresponds w1 th your records. If no number IPPN"'" tht ebovt II)KI. please ftll in with the FEIN you heve on your recorrt,. I I • - • • (',•· .. r• • • • IF THf APPLICA NT IS A COq P ORi\TION ;H!S\'V & .. • .. J (hi fcl, (d). lei , and (fl Mar7.l.azxL __________ '-···· -March_24o -1926 Oalcl.aJid _ ___ _ _ . r ,, .... , '• ~da ,.,, " _ Cali (Q:"Jlia '••· ·••· •• ·· u·>•·••--1farch _)0,.1979 "-·• I. v ~. Sor •h \1o n ·h . ;J .•" • ,. '' DaJ.e _L. ~h, ?O L Fourth St~t ._~Cal11'o~_ _ -~b1i.21 __ F._Colliu, 71lQ.. ~ Grove lload_, C~o~ ~to~ __ _ __ }i~ __ J.(MU(. ltoG1lt9-.._j$ "TPDt~\'2 A .. .._, $all ~iKQ._ ~1fomia __ J/.Q5Zt~- Rj!_ J. _ _yiii!~....578S ~lJord Drive,_~lllll!l. C~j.fgrn14_ __3/18/.?.£_ ~ P •-Sauer, 507 ColcQJDbiJie, . Golden, J:l!:ll<Lrado _ __ . _ __--1Q/JOf4Q_ __ ,, I , --~ I' <I o tl <• I 'f •· • · r ~ f 1 'J ··· ,., < r . Dale L....I#Dch, 201. Fourth Street, OalclaiJd,_ C&lit~rnla_ _ _ 8/11/21 _ •. JlUU._s. Mitcbell, 33 .laDe_ Court, Oatlau4, _Califo~-___ !J/1.9/1L . . J.-._.&.._jlQwlAz14._112_~. Q_<JUrt, -Uu!o,_.CalU~ ___ _j/1U2L _ ;,-.... ,, • , ........... , 1'1!<1 -l :., •. ., • ' , 'r 1 '<\lf .:.•;: 1 • .-J ., .. • ;' f)f I HT H S&tewv Stozu.., !Jicorporaj;ed, is li.Pb!i on tqe Ntv .Io~s:t~ kQ~ ... _ ~an OYU" 50,000 stockholde~, DOD§. of vhich ~or c~t~la_u __ aoiLN J ~ of tbe .CliP! tal JJtock _of_the_QorpQration_._ ___ _ _ _ __ : .... .,, .... , ....... ,,,,J"' ·····1'.>. ,• ,, ~.., '•I t f C 1 I H,• ', I' t ' ~ '• 1 • l o • ,~u-• 1 ~ I , ~-1 .111", '-' • •t "''·I (H .f: 'I ',• ol) , I U !,,~ o .. c..-.... Elpira ..... 11, .... .. J ... • • ., ~. . .,,.._.. ,,, ,., , ... t ,,, . -., .-·-. i1 • o, l.' ~~ ~ t ~ •. . ' Peter P. Martin t ''I ,'J I ,I,.JI 'I o o(l•' o /•t ,I 0 •) I II'•,J•I'o"•!O l -"),(•":.J'I 1 1' ·otl ''·" :-~-A~--~ ~ --- ·-------------O rf iCf!r of CoqJO r .1tion Cl-Hr'• nl\1l ~f 1\ t S!fJil fwre ~ S'l'ORES. , DCQBPQR.&.BIL _ _ ___ _ -~~----l'e~P~ ~ ;_ ~-·J!re•id$=----- .,. .J 'I .•• .. ... ,,v .• . ,,.., 'I , ~ ..... ·' .,,. ·"~ l ( t:· •• ' ... , ,, ' ., •. J lit ------------- l p ·r· =<~•.r r 1 ~r.o ,,..o••1 '-M··•~;,t .l ~ll·r·-U t ·~•r~1tr L IOJ:•r c r"SI '---J l•t '"' f '('... --· -,, .;-;I' il-:--t ... -.::-:--~.l" ;-:-:;: I I if 4, '"i ,\i-;;;-~ ... ~ .. (.1".:-- 1 --:::;--, I :,, ' '' 1 '" '• I ' • • ... 11 t ! 1 6< tj l!t ••tt tt , 1 1 ~.. I 1· ;, l l ,1 '\' Itt •to I y • 1 'J ,l o I I 'I •.. J' !(_,• I K' 't I I 1 1 o \. ; 1.1•1 • 1°• t ,• • "ol 00 1•' I c I k~'..,').!'(' ol..ll t .lot ·' ~ '• tiCJI"(' I I it•• I t o. -=-=. • .:;..-:-_ -= =---~-==--= -·= NOTiCE Tc; ;;~S URE THAT YOUR LICHJ~E tS ISSUED ON Tlrtii E, IT IS IMPORTANf TH AT THIS DOCUMENT , WITH YOUH S 1 ~TE FEE RE MITTkNCE. GE AT THE CO LORADO DEPART MENT OF REVENU E, ST ATE CAPITOL ANNEX BUILDI~IG . 1375 SHE RMAN STR EET . DENVER, NO LATE R THAN THIRTY (30 ) DAYS PRIOR TO THE EXPIRATION DATE Of YOUR LICENSE . THI S DOCUMEr.!T MUST BE IN THE HANDS OF THE LOCAL LICENSING AUTHORITY AT LEAST ~u A TY -FIVE (45) DAYS PRIOR TO THE EXPIRATION OF THE LICENSE . ' • • I • • - • • • • • FOA~L~ STATE OF COLORADO -u . .._.,7"'~ ... ·-~ DEpARTMENT 0 F REv e,.N~U=E=---;;o"'o NOT WROT E ON T H OS ••• c:.-~-·-·-_ ... -- (R&;.V . 1178 ) IEIEWAl API'l.ICATIOI FOI J .Z% FEIMEITEO IIAlT IEVEU&E UCEISES LIQUOR ENFORCEMENT OFFICER 'S ACTION (lilT Afii'IIOYAl OF lOCAl UCEISIIIi AUTHOI!n FIISTI APPROVED SOUTrtLA ~U C ~M P ~1ST 1.331 S L ll[•~Vh LliST Sf:Vtf• ~L'"Vb ·, SlU~E .~a 1 o .H l:H 'Je. ;2!-0d292.-011 -o ... tt ____ _ DISAPPROVED -----,.rr------ 63J S f r..uEit AL L.i EI'IV t:R (.l, ~ ~~S ~h"'•~u~---- lill~lJ'UDOO~ 'iJ'GD~~ ©~rP IMPORTANT SEE INSTRUCTIONS ON THE REVERSE SlOE . MAKE CHECK OR MONEY ORDER PAVABLE TO THE COLORADO DEPARTMENT OF REVENUE . IIIENEWAL APPLICATION FOIII 3 no FEIItMENTED M•LT BEVERAGE ucENSE FO III THE LICENSING PEIIItoo ENDING~ TOTAL FEE(S ) "Usf-.. CCOUIIn NUMiflll fOfll LIAIILIT¥' lfirllfO~M AT ION --------=::r------~==r========= I ~~~!!..!!!..NCE _ COUJri1" -£!_• J_""P<A~r -( ~7o .. ~n~ J ---., ~ 21-0JL'1 2-ull lu Jcu 5411 3 ~£uJ.72.1 __ j luoao ._Lj ___ s_4_~::-_._2_5_,! SSNo. 1 ------SSNo.2 ·--------•FEIN ----------- NEWTPAOENAME SIGNATURE 1 CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL AI'I'LICATION EXCEI'T CHANGE OF MANAGER , TRADE NAME OR CORPORATE STRLICTURE . 12.17 t HAHF DeN u .c,L -= .. uco c:c -----.m.,. Add,.. ----- IIF THERE IS A CHANGE IN OWNERSHIP DO NOT USE THIS FORM . USE AN ORIGINAL APPLICATION.) District MANAGER'S NAME IF APPLICANT IS A CORPORATION , FILL IN REVERSE SIDE . NAME AND DESCRIPTION OF LICENSE r--=-+-~.2 ?i.:[ C 0 T ~Ei:R __ ~ U_l_L_!_ti;._E NS~E ! I I FEE ----------~~~~~~· 2l.L5 Do you neve 6tglll poaeaion of the premises for which this eppliCIItion for license is ma:te? _ -XES------- Aro tho promi,.. ownod or rwn*'? .rent.ed _ If rented, offoctivo • oxpirotion <Mto of 1-1 1 /69 -8/92 lsepplic:.nt(s• or elt offic;erh) of the corpor:Jtion , citlzen(st or perrftllnent rnident(al of me United SUites of America and Coloredo? YES Is the applk:ent, or eny of the .,.nnen, or any of the officers. stockholders or directors of uid applicant llf it i11 corporetionL or employMS of any such , under the age of twenty-one years?-----_ _ -·-Yes __ _.X!!_ ____ No Hes the epplicant, or eny of the partners , or any of the officers, stockholders or directors of said applicant (If it is 1 corporetion, ner been con· victed of a cri me in the SUite of Colorado or elsewhere? Yes -------No .!.X~--- If 10, 1t1t1 full details -------- HM the ~ic.nt , or anv of the .-nners, or anv off1cer, director or stockholder of s.id applicant (If it is a corporation) ever : lol boon <Mn iod. liconso undor th is liQUOf '-w? Only when need o.f_neighbo.rhooJi &* Yos lbl hod an olconolic bo-hcenMouspondod or ro010ked? fur miac atatutory viol atiod'•• If the answer is ye~. e•plain fully (lttKh seperate sheet. if needed) . _x ____ No ___ _ No ___ _ Does any brewe ' f or wftolna'-r haw 1 financial interest , ev~ced either by loans or equity own..-.hip in the bulinl'll for which thil ltc:en. is requ11ted? If the anwwer is y11 . state nam11 end lddresses and -'"ount of such financial interest e•preaed either tn doll.,.. 01 other items of vatue. such as inventory, furniture, f i•turn and eQuipment Yes No _XA.--- • Name uttnell 111 •u Federal Employers ldl>nt if ication Number (FEIN) is pre-printed 1n the above 'J*:I, plene check your records to'" tf you have the same number. If you have a d ifferent number, correct the one above so that tt corrnponds wtth your records. If no number...,._, tn the .t»ow space, plooso loll in w ot h tho FEIN vou hove on vou' 'ecnuh . * desires of inhabitants de-d already •t . I I • - • • • • • • IF TH E APPLI(.ANT IS A C ORPCH:;ATI ON , an!o'\'\.er I d ). I h ). (d. (dJ.IeJ • ..J tld (II I·• 1 .-'\ Taxaa -------Novembe~:.21, 196,_ "') _Dallas i 1 '11 ·v "1 Dallas__ • , .... ' ,. Texaa _ .... · u• "'". •• , •• u• s·.te -April. 2~ .19.19 ----- "-:.., r •. o.)' ~ . Jere W. ,.....,aon -42ll .U..t~by.---Dall.M-I.ez...--U l8/-32.--J. _s _ Bardin Sec.· ,.,. ···• L G. Sa1.th --SJlQ_TaubariL ---Dallaa,--tex --l.O/ll,ll5--- -1204_CbeyeDDe-.P~. ---R ic:lumiao~--3/-3/-23- .. ''" _Jion Val en tine _ 4.780 S. Pieraon Ct... --Littleton..-Co -2tl/54. I' •I , !1 ',I " i),\T t •)• SIR' •• See .Attachecl List "··· :...~.:.. '· __ Cede L Co._ P.O. Box 2.0, Bowlin& .Green atatioD, H.YLO I.Y • 20.67% \).q. dl ',~I jtt •• •' f rl'·o.J, J•"'•olll<i"·''-' I • l ,,. •u• __ _J). J . Porter -------· -- '·· I,,"' .Aaaistant Secretary· · ,. '.' t o·f•"':t··l •... '•..>••t ., c;;J , ~'!-... nn''\ '1'1 -.ot-w.AliiV --····' t '··· '·' ' • .. ", ., .. l " r ,, ,'"' , ,.,. •. •,I H f"'~U1iO.:S ,•n, "i 1 1 'I • ·'·· ''>! ~ l I• • 1\: •• l\1 'It· • r. •111 ,~ ... ·•" j,,.,,, H I l·t jh ••' 0 '" \'(,.1"'1' lt..o 'L"c..1 .P .f•,\ l ' ~~ 1 , ·r. . ., ..... . .. , .. !>. '•H' I •·••111'" f '"''J .. t th.' ••... -I r...' I ----.-~t-'~~~~,--:;:-. T II l ~ ~·~' •• I ~ ·-Dot.~~:·. v;--;,_,:--;-~ ~ ',, t 't. .. ~ '· In ' 10111r tf JV II '11 •"e\. ' i •I ;> ·• <1~.1 q u ,,,.,,.,, \ NOTIC~ TO li\!SURE THAT YOU H L!C[!IJ SE IS ISSUED ON TlfJ!E, IT IS IMPORTA IVT TH AT THI S DO CUMEN T, WITH YOUR S f ATE FEE REM ITT ANCl , gE AT TH~ COLOR ADO OEPAR TrJIENT OF REVEN UE , STA TE CAPITOL ANNE X BUil DING , 137!! SHERM AN STREET . DENVER , NO lATER THAN THIRTY (30) DAYS PRIOR TO THE EXPIRATION DATE OF YO UR LIC EN SE . THIS DOC UMENT MUST BE IN THE HANDS OF THE LOCAL LICENSIIIG AUTHORITY AT LEAST f ORTY -FIV E (45) DAYS PR IOR TO THE EXPIRATION OF THE LICENSE . I • • - ohn Pnilp Thompson 4-522-5056 ' 828-7112 ere William Thompson ~-52R-2l21 & A29-7712 a~ton Grayson, Ill -c;o c; ., - oseph Schuyler Hardin 4-692-0724 ' 829-7210 oe C. Thompson, Jr. 4-522-6200 ' 829-7281 ay Berry ~-369-9616 ' 82~-7114 cKendree Thomas Cochran, 4-368-1062 ' 828-7425 • R. Dole 4-3£9-76~7 ' 829-73~5 acghn Heady ~-824-3272 ' 828-7241 lark J. Matthews, II 4-369-9324 ' 828-7251 ilford Kernit Ruppenkc;mp ~-363-99 8 6 ' 828-7217 c !'r e st ·,..t. Stout 3-4 51 -3 5 17 s 971-6800 . G. Sm i t h (initial only) 4-235-25 85 ' 828-7300 uge~e Pender o~athan Young 6all~rd 7-737-48~1 ' 332-3216 ark L. Lemmon, H. D. 4-~58-0900 ' 827-2530 l~n Clitton Schoellkopf 4-651-6000 lifford Ward Wheeler «-HS-4881 ( • • • • T~ SOli"l'HLAND CORPCltATION Officers and Directors T!Tl'E Cheirman of the Board & Chief Exec. Officer & Director President and Director Exec. Vice President and Director Executive Vice Pre~i nt & Director Vice P~esident & Direc~or Vice President Jr. Vice President Vice Presidem: Vice ?resi.~e11t Vice President -General Counse~ & Asst. Secretarv Vice President '!ice President Sec~etary-T reasurer Cor.trolle r Du:~c tor Director Oirector Director Director • RESIDENCE ADDRESS 3925 Miramar Dallas Texa3 75205 4217 Armstrong Parkway Dallas, Texas 75205 10525 Strait Lane Dallas Texas 75229 Tan ark Dallas, Texas 75229 4311 RheilllS Dallas Texas 75205 10S87 Crooked Creek Dr. Dallas, Texas ·75229 6440 Northport Drive Dallas Texas 75230 10111 Daria Or. Dallas Texas 75229 4555 Cathedral Dr. Dallas, Texas 75214 7005 Stefani Dallas, Texas 75225 6306 Chesley Lane Dallas Texas 75214 6703 Doane Ave. Springfield, Va. 22152 1204 Cheyenne Place Richardson Texas 75080 303 Stonebridge Dr. Richardson Texas 75080 . resa San Antonio, Tex. 78205 1215 Hillcrest Ft. Worth Texas 76107 3434 Swiss Ave.,Suite 203 Dallas Texas 75204 4812 Blurfview Blvd. Dallas, Texas 75209 P. 0. Box 1610 Athens, Texas 75751 DATE AND PLACE OF RIRTII November 2, 1925 D<~llas Texas January 18, 1932 Dallas. Texas August 18, 1928 Shreve ort La. Octo r New Albany, Ind. August 16, 1940 Dallas Texas September 11, 1940 Ontario, Calif. May 24, 1918 Altus Oklahoma August 24, 1937 E=oria Kansas July 7, 1920 Weatherford Texas October l, 1936 Arkansas City, lan. Nove~ber 9, 1919 Garwin Iowa May 19, 1918 Snvder, Oklahoma t1arch 3, 1923 Bonham Texas Dece~ber J , l9J2 Dallas, Texas March 7, 1901 Cleburne Texas January 3, 1924 Dallas, Texas • Hay 2, 1914 Cole.an City, TeY.as s.s. :-.w 455-20-0160 462-42-2623 456-44-9233 467-58-4952 559-50-1163 445-07-0601 530-20-2705 465-14-2122 456-50-5363 482-18-5832 525-05-9316 451-28-6220 433-38-15 62 461-.. 6-2491 451-05-0607 462-42-3305 457-76-0446 • 450-07-3781 - - • • • • • DAL «<~(REV . 10n81 STATE OF COLORADO 00 NOT WAtT[ IN THIS 5"AC( DEPARTMENT OF IEVENUE RENEWALAPPUCATIOII fOil IIALT, VINOUS MD....,..,.,.,. LIQUOit UCDIID LIQUOR ENFORCEMENT OFFICER ·S ACTION &-III O ~&l o• '"""'1. L 0C f"5'-..c;; A Ul...OII I I~ 00 •t ou•at o SI""D •oco .. o •aoo .. .., .. ,. ""' •-t-•"''' (G£1' APPIIOVAL OF LOCAL l.ICOaiNG AUTHOIIfTY FIRST) uEMt:TRl GS I..GK P ARAP S Ull.. GUN Sl1uP E AIIN&OklNKl~ l~C (./(_ i~A.<C!... l 1l INC. hOO O ~ EVANS II ~~1 uEJ.V :O:R CL ll-6703"t aaaz APPROVED DISAPPROVED JJ tC[a 'SitCNA~--- _,..TAIIIT SEE INSTRUCTIONS ON THE REVERSE SIDE . MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE . .. ENEWAL A~LICATION FO .. LIQUO .. LICENSE FO .. THE LICENSING "'EfiUOD ENDING l SSNo.1 __ --------SSNo.2. _'FEIN ~::Do.J:HZ4 I CERTIFY THAT THERE ARE 1110 atANGEI TO MY ORIGINAL API'LICATION EXCErT CHANGE OF IIAIIIAGER. TRADE N-OR CORPORATE STRUCTURE . -TIItAOE N--------J.-.!66 S tiROACiloAY SIGNATURE f:.~~.u:~o~uco cc ' -----·-----,....--~--- IIF THERE IS A CHANGE IN 0-ERSHIP DO NOT USE THIS FORM . USE AN ORIGINAL APPLICATION.! , ....... · MANAGER-& NAME DemetriO& ArapJtile& IF A"P'LICANT r5 A CO"IIO"ATION . FILL IN .. EVE ME SIDE . f TV~-r --NAME AND DESCRIPTION OF LICENSE • FEE ~ ~" _=-_=-L _ b'O T _L:.!.._A_l(Ll_ i\-f: 5 TA l..i( A:H l.l.IIJL R l1 C t: 1~S-l------------+--s ,:; ~ t= ____ l.HY tl5 l't:KI.._i:!H L~e_ FE i 276.25] Do vou-1o111 _.....of .... _ ... tor....,idl .... ___ tor~-•-1 _Ye,~•~--=------ A.-. .... _ ... _.., .... -.~7 ~!\tag_ lf-.effecl"'eae.....--of-12-1-80 12-I-~_;:Jis __ _ lo-'icanttol or ell offi-tol of tile -•lion, c:lt i -tol a<-· .. -ttol oldie Uni-.1 S.... of--~7 _.Y..,e...,aL-__ _ 11 tile -'ant, ar eny of tile _.,.,., ar ony of the ollicert, nock~ ar d i..ct0<1 of uid -'icon• (If II ilo _..ion I . Y• ______ No -~x __ ..._. tfte 81PC)Iicant . or eny of the .-nrwn. or any of tht officers, stockholders or director~ of 11id _.,ticant t If it il • eorporationl ..,... .,_,.can- victed of 1 crime in the State of Coloredo or elsewhere ? ___ No _ .... x..__ 1110, lUte lull dolei lo -------- .... the _.,.tcent, or any of the penners, or eny officer, director or stockh~ of uid appliAnt (If it is 1 corporation~ ewr : (e, bien denied 1 ttcen• undef this liquor lew? Yet Cbl heel en olcol>olic be-• licenu ouopended"' re~~<>lwd7 Vn If the anwwer is ves. explein tully (.n.::t'l.-pwMtlhMt, if nwdedl . Do you or eny,....,..,.,.. of your timitv hare • f inenciat interest in eny other liQuor licenll? (such f inencial in-.st to indudl ony -tty in-or loonll . If tile-is yeo, ellplein tully tOIIIOCh--··if _,~ee v.. X _ No 0oe1 eny penon, firm or c:orpor8lion t\ale 1 fin.nc181 interest, evidencm tither by laMs or -~tv~Mift'; buliMII lor which this lic:en• is requeoted1 II tile-is v• ...... ----_,nt of ouch finenci81 in- No _ _::X::.__ No __ X __ .. ~ either in dol..,.« other itaml of v ...... tueh • inwniOfV, furniture, fixtu,. ..c1 equipment. Yn __ No X L ilt the R8mft Mid add,._ of ell buli,...... in which eny of the penom in the pNVioul QUell ion .. intwest:ed . N/A -· H..-lusinns -·~a. .. -·- • *lf federel Employers Identification Number (FEIN I 11 pre-printed in the ebow spec:e . p._.. check your records to IH 1f you haw the ume number . If you heve a d•fferent ~.correct tM one above 50 that it corresponds ww•th your records. If no number IJPPHf"1 1n the llbOW ._., plene f 1ll1n w 1th the FEIN you hew on your records . I • - - • • • IF THE APPLICANT II A COIU'ORA llON,-.. 1. llol, lei, WI . lei -lfl. J 2 4 lal Orgon ized u.-the l-ot the State oL Colorado ________ .• Date. __ -:__ !-:7 ____________ _ lbl Principol business is conductJid 11 . JJl.{{_5._Br.I:IAdx•y __ County oL~tlPMQ.~--· State oCOlO~. _ lei Dote of tiling last annual corporote report to the S.C.e<ary of Stno ______________ _ Name Home Addr-City l d l ~ .. -.. George D. Arapkiles. 5682 E. Gunnison v ... ~ ..... oemetrlos Arapki1es, J~U s 8 1Hf Pl. Denver. co ~Denver rn Date of B irth Month, Day, Yaar 4-14-26 T·---W1.lliam G. Arapkl.l~ _2 _. ____ i ; Eng 1 pwcyy'! , 12-3-52 co 12-6-53 :::•· Ddetrlos Afapfiles: 3o61 s. WOlff ;oenver. co 12-3-53 DIRECTORS Lilt aU Dwectof• let '-it 3 ere riiQuir .. b¥ L..lw l l ei !tAME George D. Arapkiles HOME STREET NO . A CITY DATE OF BIRTH 5682 E. Gunnison Pl. oenv~e~r~.~c~o~~4~-~1~4~-~2~6~-- 3061 s Nnlff, Deaver, c~.~o~-. ___ __,l ... 2..:-:..;3.:-::..;5;a.2..._ __ 3962 s. Elati. Englewood,~c~o~-~1~2~-~6~-~5~3~--Ill Litt •II stockt.otdert OW'f'l i"' or controltlftlenv of the ~ttel noc:k o f tM corporation. (Include ectuel owner or ........ } u....,.,.. lhMt It,_...._ NAME HOME ST .. EET NO .• CITY S~~~~E~NO:O OFD:.~~H George D. Ar~kiles 5682 E. Gunoison .Pl. lOO\ 4-14-26 Denver. co STATE OF COLORADO l County of•_Ar=~·~p~ah=..oe:=------------lr ~G~E~O~R~G~E~.!:!D:..!•c....!ARAP~!:!.!i-!3K"'I"'LEIIiilliS,__ _______ _ ondl __________________ lloW,.bv mofdduly -n. M for h-.-•nd ... , mot ho io tho_._,-.. -= or tNt ht is tt.ellbo .. ,..... c:cwpoqtion: ttwt N ... r• tfte for...,t"' -.aplication end ttwt "-knows '"-cont.,tt thtlreof, and that~~~ and ttu,.. .._.in Mt fortf\ •• true of hill own knowledae and N ..,. ... to conform toattn.•._Md riiiYietioM promulglted by the Sute O..tment of Rew.nue '" connection tfter...,hh. thfi~M.,:;.;.o::::. ___ .-<dolov of lndMduel1 and all "*"*-t of ptrtnerthip must ~ian Mra: ~a •~· s.,., ... com •:~ •• : ~coy-~ tfltt~ REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY I Manufacture<•, Wllolnaler•. lrnpo<ters and Public: Transpcwtation SVlle<m diw-d thiliiCtionl Th• fOr..,a•ne •ppllc.tton h• tMen ••emlned and tM premi_., business conducted and char.cter of ,._ apph c:.nt It Mt .. t.aorv , and we Oo repor1 that kleh licen ... if panted. will m-.t the r-.,ne,. r~ul rem•m• of ttw n•lghborttood and tne o •tr• of the lnhebitentl, and compli es w ith tM prov•a•on of An ic l• •1 . Title 12, C .R .S . 1873, M ~nded . TH£AEFOA£ THIS APPLICATION IS HERE8V APPROVED. OAT EO ATc_ ______ THIS-------OAV OF'---------• A .D . 19-------- (NAME OF TOWN, CITV OR COI.JflltTY} _____________________________________ _ (MAYOR OR CHAIRMAN Of' •oAAO OF COUNTY COMMISSIONERS OR OTHER TITLE OF LICEN.SING AUTHORITY.) ATTEST : CCLERK OR SEC"ETAIIIY OR OTHER OFFICER HAVING THE OFFICIAL S£AL OF THE LICEN51NG AUTHORITV.J (If tN ••mi .... ,. loc.ated *I"''" • lown Of dtl', tN eoo• aNWo-.l lfto.,... •...,... ltW' tN meycw and Clerk, If in a coUftt,.,lften-,. tN c:a.w....,. of, ... ...,_. of couruy com~oners aftG the c.., Ill to'"-..., •. It, It,. or-'Nnm CM' ot"-.,..., '"-~~ l'«*ttlftt euttMwitW' tt tome otftar officiel. 1-.n IUCh ...,o_. .,_.,.. • ...,. tty •uc:hott•c .all • NOTICE TO INSU RE THAT YOUR LICENSE IS ISSUED ON TIME, IT IS IMPORTANT Tl-tAT THIS DOCUMENT, WITH YOUR STATE FEE REMITTANCE, BE AT THE COLORADO DEPARTMENT OF REVENUE, STATE CAPITOL ~AiiiNEX...iAJILDING, 1375 SHERMAN STREET, DENVER, NO LATER THAN THIRTY (301 DAYS PRIOR TO THE EXj:tRATION DATE OF YOUR LICENSE . THIS DOCUMENT MUST BE IN THE HANDS OF THE LOCAL uce..stNG AUTHORITY AT LEAST FORTY -FIVE 1451 DAYS PRIOR TO THE EXPIRATION OF THE LICENSE . I • - - • • • • EXHIBIT A-Attachment to Liquor License Application. Answer to Question to Liquor License Renewal Application, State of Colo- rado, City of Englewood, that states: •Do you or any member of your family have a financial interest in any other liquor license? (such financial interest to include any equity interest of loans) If answer is yes, explain in detail." George D. Arapkiles has an undivided 1/2 equitable interest in the promissory note which has the present principal balance of approximat~ly $21,000 payable at the rate of $400 per month, including prinicpal and interest from the owner of the existing liquor license issued to Sweet Pea Salon, Inc., doing business as the New Punch Bowl, which is located at 2052 Stout Street, Denver, Colorado 80205. Said George D. Arapkiles also is an owner of an undivided 1/2 legal interest in the real estate located at 2052 Stout Street, Denver, Colorado 80205, and has a lease thereon for which he receives the sum of undivided 1/2 of $600 per month rent. George Arapkiles, Demetrio& Arapkiles and William Arapkiles each own 1/3 stock in a corporation, which corporation owns a hotel and restau- rant liquor license in the City and County of Denver, State of Colorado, at 1950 South Holly Street, known as, Arap's Water'n Hole 12, Eat'n, Drink'n & Darts. I . - • • • • • 01'11.., II'IEV . 10n81 STATE OF COLORADO 00 frloiOT W f'I T£ IN TI·HS S P'ACE (/m'\ ~ DEPARTMENT OF REVENUE ltBtlWAL APPUCATIOII fOit IIAI.T, VINOUS LIQUOR ENFORCEMENT OFFICER 'S ACTION Ale ..mJOUS LIQUOit UCDIIES ' •-•o""'"- Ofi..(JCA< loC.I NI ... G • .,.. .. Oflt1 • .. •IO ... tlllf.O MNO (GET APPIICWAL Of LOCAL LJ~Cd~UtC AUTHORITY FIRST) ' R I LhM:C "d,o lt TH l ll-9.2~7 2 APPROVED D ISAPPROVED H • .-.Ar<iJ:) c.-I~A l "t.:i\~ l -...'J i .JL. O AT( I TATI ca•~t oL ·-··I )~ 2.:'>.' ~ ,uw Y ~t'H . .:L i:t>l·U 'l (...J ~0 11 0 ----r-tf£"4fllt.Lf:"WO H £N'O ----- ..c)RTANT SEE INSTRUCTIONS ON THE REVERSE SIDE . MAKE CHEC K O R MONEY ORDER PAYABLE T O THE CO LORADO DEPARTMENT O F REVEN U E. I'IENEWAL APPLICATION FOit LIOUOI'I LII:ENSE FOI'I THE LICENSING PERIOD ENDING r --::---t TOTAL FEE(S) ~~..1111 ~~. --LI AIII..ITYifriiJQ._MI~~---=--=-~· ---L..___ l u-•ns72 l 1o uu 6 5 tH~ ~ 121_:_7~l J n~za ~-~o1.2s J SSNo.1 SSNo.2 _.FEIN __ ~lib.5'tJ I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL A ... LICATION EXCEI'T CHANGE OF MANAGER , TIIAOE N-E OR CORPORATE STRUCTURE. NEWTIIADEN- SIGNATURE __ ......,. ______ _ • f1 FTHERE-1S A CHANGE IN OWNERSHIP DO NOT USE THIS FORM . USE AN ORIGINAL APPLICATION .I •. · MA·NAGER'S NAME If' .Jit.Pfi'LICANT IS A CORPORATION , FILL IN REVERSE SlOE . L TY~E -f..~~----~-·---NAME AND DESCRIPTION OF LICENSE f--L-L-LH '...i...t N J.l\.,...,L i-u ~c~~~ -MLT. ~IN o u~. ~lTV ,.,:; P t::<C.t i T f-i:.t:. __ _ A N;) s _P _l"'_u_u_u~_u:s~-~+--_-'E~--~ .... ~..._~-._,~...,-..... -1 Do you-... I-'"" of 1lle ..,_ ... for which thisoppiQ!ion fo< 1-is -1 _..:f,_.£.._,~.._-_____ _ Arw 1lle ..,_._-or -'-"1 0 W N£J) ___ If ...,led, t"-<:1i .. a tiiPir.,ion dett of----------- Is ..,...ictntlsl or oil aflict<lsl of 111e corporttion , cit i-lsl or permononr ,..identlsl of 111e Uni1td s ..... of AmtriQ-c-tdo7 Yes Is me ..-•cam.. or eny of the pennen, or env of the offtcen , stockholdeR or direct0t1 of uid eppltc.nt (If it is • corporwtion~. or emptoye~e~ of eny IUd't , ~the • of tMnty~ne years? Yes No ~ Has the 8PPfC8f'lt, or eny of the pertners. or env of the officers, stockhokMn or directors of uid IPPhC.nt (If it is 1 corporation) ewr been con- woicted of 1 crime in the Stete of Color8do or elsewhere ? Ya ----No -LX.,.__ If so. ,,.,.lull doulils ------- Ha the eppticant, or any of the pertners, or any officer. d irector o r stockholdltr of setd epplic8nt (If it is • CorpQrlltionJ ewr · ltl -dtnitd 1 •;con• undtf rhos liQuo< low ? Yn (bl hod on olcohol oc: bt-1-IUIPtnded or revoked? Yn II tho-is .,.., nploin fully 1..--· shtet, ol-1. Do you or .,Y rMfNMn of your fimify hawe 1 f inenc.-4 •ntWftl in eny otMr liQuor t~? I--="' f iReneiel tnterwst UJ include _No_){.__ No X-- ony -irv i-o.lotnll.ll111e-is ·ves ... p lain fully 1---·if~. Yts No 0oe1 eny _.,., firm or corporMion ....,_ 1 f inenctal i nt.,.., evidenced eithef by toiM or -.vity ownenhip in the business lor which this 1-is ._-1 II 111e .,_is y•.------n1 of ouc:ll finonciel inl ..... ex~ either tn dol..,. or otMr i..,. of velue,eud\ • irwen-.ry , fumituN, fiatu,. end equipment. Yes ___ ~ No A L ist tM ~ ..... _pf •• ~.,....i n which eny of the in the previous question .. int8rftt-!· 0 1 ~ ~.,~ ~ Bus • .Jr?Y~--'-"=A';io,;..~-~ •If Federe l Emploven ldenttfteat1on Nun"'ber IFEIN ) 11 pre-printed in the s pece, piene check your recordl to'" 1f you have the ume number. tf you hew 1 d tHerent number , correct the one above so thlt 1t corresponds w 1th your records. If no number ..,._., 1n t he llbow SC~Ke . p4eese fll l 1n w1th the FEIN you hllve on vour records . • I • • - • • • • • - IF THE APPLICANT IS A COIIJIORATION, -Ia I, 1~1. lei, 1111. lol -lfl. 111 Or11nized under the I-ol the Suote oL ____ -------____ --., Dete.-___ ---------------- lbl l'rincipol bu1ine11 i1 conduc:tld 11 . ____________________ County oL ___ -------··Stitt oL ________ • ~ (cl D•tt ol f ili ng lnt annuol corporatt report to the Secretary of Suote ______________ • Name Home Add.-C•tv Date of Binh Month, Day, Year ldll'rOifdom ·------------- IIICtPrOI.:: ____________ _ T~~''-------------~~--------------.... _, __________ _ OIAECTOAS : Lift •II Oifec:tou IM '-" lere r-.uitW b¥ L8wl (ol NAME HOME STAEET NO. A CITV DATE OF BII'ITH STATE OF COLORADO P~tlrJ.!-~c l . £#-IV.tVE .r~<~-{._ ~~~J eo.. ..... ,, __ ..c._:!.f!Z9:_a~~!:..-------~r _.......~._0:::.!:....:..:...:.:......::.....;...:~-=-__;_....:...::..:...;;;...;__:=:;..t. ___ _ end ....,.. b¥ tN td duty~. if •• himlllf, ...,._ aftd -.va: tMt he il tM ._.ii:.M 8bow ,.,._.; ortllotholl ~ei!: rltlle ___ ...,:_hoNI••tllo._. .. _.,.....,_,hothok- the content~ tMreDf . :::t]~ and !hi• ttwwtn • forth •• ""' of hil a.n knDIIIMdll and he ..,.. 10 conform to •" rv111t lll'tld ,.., .. tionl cwomu ... t-' b¥ ttw St.ete o..rtrnem of ,....,ue in connection ....,..., .... S.....,.l:ooj--n"'IMI--)~ .. I Off'-al~ ........ , (CO"~"ATE: SEAL.) .t'ttec:n k•l I ' My Comm oul ~ft--~='=· -;t"...:.......:~==........:.I..JY:~'l!;I...:/ ______ .,,_ ____ __,,-.,.---,--:---,--,--,-------- (~Mftt Of 5ectet•rw-l REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (M1nufoc:turen, Wholnllen. ,_..,. -l'ublic Tra......,.uotion s.,......,. d isr ... rd thlo oec:tionl The tOreeolne appllcetton h• .,._, •emi Md .and tN p,.,..._ bue i ~ conducted end che'*ter of tN _..._nt ie •' • , •• "' -.-. ·----....... -..... oo ... -..... 1• ., • .., .......... ,1 11 --....... __ ..__... •• -····--• .... --.., .......... ..,-... .,. ....... .. -.-.--~, •• aw•r•m"t ne tnneo•tena, ena com,..._"'"" tN ~~~rov•tOn ot ""tete • .,. l•tle 1:1 , C .A .li. 1873, • amencMiiil .- THEREFORE TH IS AP'PLICATION IS HEREBY A"'ROVED . DATED AT-------Tt-415-------DAV OF---------• A .D . 11---------(NAMEOFTOWN,CITVORCOUNTV) ______________________________________ _ (MAYOR OR CHAIRMAN OF 80'"'0 OF COUNTY COMMISSIONEtllll OR OTHEIIl TITL.E OF L.IC~NSINQ AUTHOIUTV.) ATTEST : (CL.EIIK OR SEC .. ETAIIY OR OTHER OP'P'ICEIIl HAVINQ THE OFFICIAL. MAL. Oft' THE LICENSING AUTHOIUTY ,) {tt tN ., • .,...... ere IOQt• wltftln • to.n or City , tN .-.. ,...,OMisttouiCI M .,.,... or tN mew-or.,.. C*k,lf '" • ~ • .....,_.,....,....,.._.of,,...,.. of coun1., com"""'~ lft4l t"P cteHc 10 tN ..._ •. If . aw-•••nenc:. or ............. tM toal ttc.lll"' eutttortt~ •.,........, efltde4, ...._ ...-...,.....,..... .. "" b,. 1ucft ottldet.) • NOTICE TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME, IT IS IMPORTANT Tl-tAT THIS DOCUMENT, WITH YOUR STATE FEE REMITTANCE, BE AT THE COLORADO DEPARTMENT OF REVENUE, STATE CAPITOL ANNEX BUILDING, 1375 SHERMAN STREET, DENVER, NO LATER THAN THIRTY (301 DAYS PRIOR TO THE EXPIRATION DATE OF YOUR LICENSE . THIS DOCUMENT MUST BE IN THE HANDS OF THE LOCAL LICENSING AUTHORITY AT LEAST FORTY -FIVE 1451 DAYS PRIOR TO THF. EXPIRATION OF THF I IC':FNSF • I • • - ·~· ~oc •..,.""" '"'""..o•·'· ,, •tov•••o at .. o 'f O COlO•&C»> • • • STATE OF COLORADO DEPARTMENT OF REVENUE RENEWAL APPLICATION FOR IIALT, VINOUS AND SPimUOUS .::=. LICENIES ,-00 N O T WA ITE IN n ·u S S ~ACE (GET APPIIOVAL Of LOCAL LJi AUTHOIIITY FIIIST) j i l U l!IL c l l I .-Uu ~!> IN C :;us .:> S SA NT A H. b<l>l.::;..u L !J I..L< 11-8 5340 .:JO llO LiQUOR ENFORCEMENT OFFiCER 'S ACTiON APPROVED D4T( OISAPPAOVED ----rit:T-af £ T(LIE~H()N f .... o----- ----..,.~tC EIIIt 'IS t G iliiA~---- ~RTANT SEE INSTRUCTIONS ON THE REVERSE SIDE . MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE . AENEWAL AP'PLICATION f=OA LIOUO .. LICENSE FOR THE LICENSING IIERIOO ENDING TOTAL FEE(SI -LI AitLITY tNf=OftMATtON J -e rn l "'0oA!. 1'""'1 ..... ,,,.DAft J Oo 5 ~~1 ~ l l lu76 $ 177.50 1 l ll-.>5 ::.4 u SSNo.1 -·-----SS No .2. ____ .FEIN __ __ I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL A ... LICATION EXCEI'T CHANGE OF MANAGER. TRADE NAME OR CORPORATE STRUCTURE. NEWTIIAOENAME __ ·--~ • SI~TURt ~-~ ~ '1 !1' T .. ERE IS A c_tiANGE IN OWNERSHIP 00 NOT USE THIS FORM . USE AN ORIGINAl A:'P.LICATION.I M _ANAG'!fii'S NAME Do you-'"'"I-""' oltlle --to<...,...,""' _.ic:M_ to< 1-il-7 Are the---or -wnlt~~~.J) If .... ted. effectiw • eiOPinltion-ol- la•pplicantCal or .. 1 officaflal oltlle _.tion , citi -Cal Of -nent -identCal oltlle Un-S... ol--~1 J1_~:=..=--- ts the applcent, or eny of the .-nnen. or env of the officen , stockhokierl or d irecton of •id IIPIIIicartt (If it ill corporMioft). Y• ----,-No -~ Hes the applicant. or any of the caennert. or -'1V of me offtcen. stockhokten or dtrectors of •td _..,cern Uf it il a cQrPOrlltionl ftlllf been con· • victed of a crime in the Sute of Coloredo or elsewhere? _ _ --· ·-Y• ___ No A{ • II 10, ltete full det•ill ------------------------- H• the ..,icent. or any of the .. rtnert, o r any officer. d irector or nockhokief of utd _....tc.nt Uf 1t ttl corporetionf ewr : Ca l beef' denied 1 licenM under th is ltquor lew ? Yes Cbl hold .., alcol>olic be-l iceme suapended or revoked ? v .. If the enwwer is yes, explain fully (.nech .._., lhHt, if netdedJ. Do you or eny """*-"of your t8mily h.,. 1 f irw'M:ial innrest in eny other liQuor hc:e,_1 (tueh finencial in-..: ta indude __ No~ No~- ..,yequoty in-O<'-'al.lftlleen-iayea.eapleinfullyC...---t.of_,_ Yft No Dow eny penon, firm or ~ion h.,. a fi'*'C._. •ntlfelt, evide~ e ither by kMnl or .. u ity ownenhip in the buli,.. for which this lic:en• is requested? If tM ..,....,.,. is y•. 1t1te ,.,.. end ...._ end amount of IUch f~terwt .. ,._..either in dol._. or other iums of v .. ue. such • inventorv . furniture, f iatu,. end .. uipment. Y': • -~~.i:J ~~ ::Z (. £ :;lro;y;:;r;;;,:;/'"%1lr' w.~~""'v;;;;; ;:&:.;;;; ~:" .. ;;;;-;;_ s~ ~,( x ~ ~ees Name Business ~Address •tf feder1 1 Employer~ Identification Number (FEIN ) IS p re ..printed '" thelbove q»ee, p ..... c n.ck your records to ... tf yOY hew the ume number If you have a d ttt.fent number , correct the one above so that tt c orresponds w1t h your records . If no n umber ...,..n tn the above ~p~~ee:, p1e1M f 1ll '" w•th the FE IN you have on y04.1 r records . • • 0 I • - • • • • • If THE APPLICANT IS A CORPORATION,-e"~~cb"l.l•l-lfl . .J . L y · .. .J 9 /9'7 t,. (ol or111nozod undef the low of theSt.Y_j}3 -S-S..r,47Yr1"';---·· DM•---,;¥.-.. l'r,.,----------t:Oi.. o (b) Prmctpil busmess ''conducted 1.?~--____________ ----~, .. ~~~--------·State of_---------- (cl D1te of I il ing last on....,.l corporate report to the Secretory of Stote ______________ • Nome Home Adclrea City Dote of Birth /t l'fA ' J ])IFrlL J,T~--J $S,~,.,;r~t . .':" k';r.:.t.i-i...l l'<·j) Mo,~·JJt'!J'I#/' (d)Pre~M:Sent ;t?lbl.l Zt ;a: Z o A.PG -D21 .Y:ai,l t.1 i?L:tJI?,, e ·DP;t o+.:.\1£ J'::>e ·/Y~.~ Vic•''•· /CHA ., 7-l:Jit:.Ht.... J3S'31J .. $1#A'h .-c JE;i'-Zit'''*i'D ;:l ·G: -;.>..:.. ·' T .... ,.,., ;;:;J.,,.,,..,..,., 2?"& dlli<J/.$;?11t.l#l::Ji' .... I1-C:':z'Je:';<V•~ /c'·"' J~.J:!;i'~ s.c. ..... /2,. ~· 2 Vn·»Z _,YS3 _, ... Sl+vtF l'r&" 'EA'f' .. zP ... mt•O ;;? -~ ·7'/~'7 ~~--------------------------- lei /O-J.t-JY-Jr Att•ch s ... ~ "• Comm •,.lon ••o"~: S..'-~ oJ.(/f J' / REPORT AND APPROVAl OF lOCAl liCENSING AUTHORITY (Monufocture". Wholesole,., I_.,.• lnd Publ ic Tro-ion Systems d ior_,t mil MCtionl The for-vo 1ng apOiicet.on has been ••am1ned and the prem,._, buat,__ conducted and char.cter o• the eppticent i s .. l ••f•ctory , end we do repon tt\.-t •uc:h lie_...., If p_,ted, W+ll ~ tN ,...neb .. requ ir~ of tfte "•6..-ort.ood end the d .. i, .. of the inhebltantt.. •nd compl ... w 1th the prO\I'Isi on of A.nicte •7 . T itle 1 2 , C .fiii .S . 1873, •emended. T HERE FORE TH IS APPLICATION IS HERE8V APPROVED . O AT EO ATr _____________ THIS·------------DAV OF-----------------, A .D . 19-------------- (NAME OFTOWN,CITVO RCOUNTV)>----------------------------------------------------------------------- (MAVOR OR CHAIRMAN OF BOARD OF COUNTV COMMISSIONERS OR OTHER TITLE Off LICENSING AUTHOaiTV.I ATTEST : (CLERK. OR SECAET.A AY OR OTHER OFFICER HAVING THE OFFICIAL HAL Ofl' THE LIC~INQ AUTMOfUTV.I (H tne orern~ •'• IOQtecl ••thn\ • town Of" dty, tfte 8Do• 8DPt"OW81 ltlowtcl • ..... ~ t .. meyor ..-deftc, 11 in • county ,"-"_,..._~"-" Of tt11e .._..Of co~o~nty commi••onen ana tM c..,., to the ~toere , If , Dy Ot'•lnanc:e Of" 04:,_..,._, tfte toc:at ........., .--.tt" .. IOfM ...._, eftktM, ,_,. '*"...,..... ...._. M ft•.tn b lf suc::tlott.c~al.) NOTICE TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME . IT IS IMPORTANT TltAT THIS DOCUMENT, WITH YOUR STATE FEE REMITTANCE, BE AT THE COLORADO DEPARTMENT OF REVENUE , STATE CAPITOL ANNEX BUILDING, 1375 SHERMAN STREET, DENVER, NO LATER THAN THIRTY (30) DAYS PRIOR TO THE EXPIRATION DATE OF YOUR LICENSE . THIS DOCUMENT MUST BE IN THE HANDS OF THE lOCAL LICENSING AUTHOR lTV AT LEAST FORTY ·FIVE (45) DAYS PR lOR TO THE EXPIRATION OF THE liCENSE . • I • - c • • c. • • • DI'ILeG211'1EV. 101781 STATE OF COLORADO DEPARTMENT OF IEVENUE 00 NOT WA I TE I N T01 1$ S~ACl LIQ UOR ENFORCEMENT OFFICER "$ ACT ION •<.~1..ot'l•1••• •tou•••o ••'"o 10COt Oa&OO <.A!:-v .\1.. ll.Ui -.i.i E 1 NC CI\SUAL l "•U·•\.c. 65 i-1 i-l u 'l'i:: c NGLr \,t.l.U c , 11-91143 ti ~llO APPROVED OAT ( DISAPPROVED OAT£ ----.,....,tCf.lll'l-loO""A---.owr---- IMPORTANT SEE INSTRUCTIONS ON THE REVERSE SIDE . MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE. ---,~--~==T=OT=A=l=F=E=E=IS=I ~-lJ --~ul.251 1219;~0 SSNo .l. _________ SSNo .2, _____ .FEIN I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL AI'I'LICATION EXCEPT CHANGE OF MANAGER. TRADE NAME OR CORPORATE STRUCTURE . NEW TltADE NAME lfGNATURE -----Maili ... -- UF THERE IS A CHANGE IN OWNERSHIP DO NOT USE THIS FORM . USE AN ORIGINAL APPLICATION .I MANAGEI'I"S NAME lF AP'PLICANT IS A CORttOfiiATION, FILL IN REVERSE SIDE . · ____ _______ -NA-Me Aiiii:ioescRIPT~~ oF =~~e-Nse __ l•W..Y ,~_l.JI.lU GR lll c loSe ~!A ll_._ 1[1 Nl!US , ANJ -- (.jTY 8 5 Pt:I'.C c:r•T_!J AP G"-~-__ _ -----~--.....,_...--'~ Do you ......... 1__..... of 1he .-nJ! ~~if" tl\il -'ic8tion tor 1-is 1Ndo7 J~ c:; _ A,. 1he ,.._-.-or -tod7 -f(I:!IHt!-0. If ....,18d , effKtive 6 • .....,ion dele of -ff.-/i-;t;_ 3 -~:} /-~ Is ....,.antis I..,. ell affim<Cst of 1he -•••on . cito-lst or_,.,., r•idofttlsl of 1he 1Jnil8d Saotes of Amorica-~1 YE5 ts me ..,.icant, or eny of me pell"tnen. Of any of the offtcen .stockhcMderl or d irecton of •id _..,.icent (If it ill corpoqtionl . £- ..,. ........,_of efty -·-the ... of •-nty-one yeon7 Y• No Has me epphcaftt, or env of the pennen. or eny of the officers. stockhoaden or d irectors of uM:I eppiK:ent (If it il • cCM"pOration)...., ..,.... V victed of 1 crime in tN Sut. of Coloredo or elsewhere? ----_ -----_ _ _ Y• No --r- lf so. stoto fullcWtoils --------- H• thti!PPiicant, or any of the pertNrS. or env offtcer. d irector o r stockhokief of •id epplicant Uf it it 1 corporetionl ..,: (II been denied 1 licenM undef thit liquor law? Cbl heel •" olcoholic bo-li.,..... suspended or ro100ked? "'""..,_is ves ........ fully c..----·,,-~- y .. y .. Do you or eny mrMNMn of your femily ._.. 1 f inenc• intwest in eny othw liQuor I an.? (a.dt ti~ intwwst 10 include eny equoty ;,_or -.I. If 1he-is yes, .. plein fully C---· If_,_ Yft • No No_L No~?-- -~ • I • - • • • • • IF THE APPLICANT IS A CORPORATION . "'· lbl. I '· ldl. 1•1-(fl . ~ L -y-, (a) Organ ized under the._ of the StoJ' oL _ --..;--.. Datt •· 0 ---.,_; ~~ !..~ - 5 ;.t- 0 - 01 -_-_/J I :. _· __ (b) Pr tnCt pilbusiness ts conductedatt;) .:...J; ~ ·~Jli):.,O.J.-..-,..-_jtp~ ..., ~LQ. (c) Date of ftling last ann~l corporate r~ to the Sea v of Sute_]f-t:.L~-_____ _ N~ Home Addrea City Doto of Birm '":~: ~e<im:~~ ~ 1~~! S.OetM''i-------'L.>.------:--; ; ' I ; Mo~: ________________________ _ DIRECTORS . Lm all Oirectou (at l•st 3 .... ,._u,.:iby l..lwl ·~:. ~filL-m'i¥ill~n~fE3~/ '"6~/H.¥~;~~~:·-~~£;;. STATE Of COL.OAADO » ando __ c_o"_"_'_•_of~~~-~=-~_::..:_:::_~-'~iJI-~_=_=_:..:_:..:_:!_!::_=_~_=_==_:.._-_-_-_-_-_-_-ba-ing-by-ma-f-m-lf:~ly ~-~y~; dwt he •tho-~t -.. -; or tta.t he " the lllllow..,. c:orpoqtion; thet he,.. r..:t the fc:w-..,ine .,..ic',hon and •.tw· ~knows the contents ther.of . and tta.t ~J 1 ~tt•• and th•np therein ... fonh •• true of hil own knowledge and he ,. .. to c:onform to all ru'-1 and ,..,..;,.iom PfOtnU ... -.d by ttw SUite O..rtment of Rev.nue in C:Onftletion tNr.,im . Subtcribed and wworn to o.tore me lndiltiduals and all memt.s ot ..iT:ner1h_, fnU!I.-'Qn twe.: REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (Manulocturen, Wholoulerl. l..,_..s and Public T .. _..tion Systems di.-...,d tllio ooctionl The foregoing appllc.tion h• tMen ••..,in.O •nd tN p~.-. bus•ne. conducted •nd c:tterec:., of the ....,eicaftt is ut•'I"'•C1"orv , •nd w• do r~rt ttl•t such hcen•. ii pented, w ill m.et the ,__,,_., .. requ~r...-nents of tN ne~ end th• d •l r• of tl'le lnhab•tants, •nd complie-s w•th the PfOvis lon of Art •cJe •1 . T itle 12, C .R .S . 1873, • ~. T HEREFOR ( T HIS APPLICATION IS HEREBY APPROVED . DATED A T _______ THIS-------OAV Of---------• A .D . 11--------- (NAME OF TOWN , CITV OR COUflfTV)'--------------------------------------- {MAVOR OR CHAIRMAN OF BOARD OF COUNTY COMMISSIONERS OR OTHER TITLE OF LICENSING AUTHOitiTV.) A TTEST : !CLERK OR SECRETAAV OA OTHEit OFFICER HAVING THE OFFICIAL KAL OF THE LICIEN51NG AUT"HOIUTV •• (It tM cnm•wt .,. toatea •'"''" • town Of aty, the .eo ... ..,ow,.....,. ....... '" t .. fNIYOf.,.. Clerk, If IR • cowrty, tilleR~.-. dlteW...,. 011 •• .._. 011 county comrruuioners.,.. tfte clefll to the....,.. tt , D .. Ot'" .. ~c. or ot.__._ . .._ tocat ~ ...,._,,~ tt tofftl ot"-otfi a.t, ,..,. '*" _.... .._.... .. ltW•Il by iUc:t'l OffiC .. l) • NOTICE TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME . IT IS IMPORTANT Tl-tAT THIS DOCUMENT , WITH YOUR STATE FEE REMITTANCE , BE AT THE COLORADO DEPARTMENT OF REVENUE. STATE CAPITOL ANNEX BUILDING. 1375 SHERMAN STREET. DENVER. NO LATER THAN THIRTY (301 DAYS PRIOR TO THE EXPIRATION DATE OF YOUR LICENSE . THIS DOCUMENT MUST BE IN THE HANDS OF THE LOCAL LICENSING AUTHORITY AT LEAST FORTY -FIVE (451 DAYS PRIOR TO THE EXPIRATION OF THE LICENSE . • I • - • • • ORDINANCE NO.~--- SERlES OF 1979 • • • BY AUTHORITY 7 A COUNCIL PILL NO. 4 2 INTRODUC£"D BY COUNCILMAN CLAYTO N AN ORDINANCE APPROVING AGREEMENT BETWEEN CITY OF LITTLETON AND CITY OF ENGLEWOOD RELATING TO THE BI-CITY PLANT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. The following agreement between the City of Englewood, Colorado, and the City of Littleton, Colorado, be and the same is herey approved: AGREEMENT This Agreement entered into this ____ ~day of ______________ _ 1979, by and between the City of Littleton, Colorado, a municipal corporation of the State of Colorado (hereinafter referred to as ·~ittleton•) and City of Englewood, Colorado, a municipal corporation of the State of Colorado (hereinafter referred to as •Englewood"); WHEREAS, Littleton and Englewood are joint owners of the Littleton Englewood Bi-City Sewer Plant located within the City of Englewood (hereinafter referred to as •Bi-City Plant"); and WHEREAS, Littleton and Englewood, by previous agreement, each own and are entitled to Fifty Percent (50\) of the operating Cdpacity of said Bi-City Plant, which capacity is approximately equivalent to Fifty-six Thousand (56,000) single-family or equivalent sewer taps with Littleton being entitled to Twenty-eight Thousand ( 28,000); and ' I • - - ( • • • WHEREAS, at the present time Englewood is using in excess of its Fifty Percent (50%) capacity of the Bi-City Plant and has sold additional sewer taps, which, when connected, will greatly exceed Englewood's share of said capacity; and WHEREAS, Englewood has directed that the old Englewood Sewer Plant be reactivated with an anticipated operation date of August, 1981 with a treatment capacity of 5 MGO, or approximately Fourteen Thousand (14,000) single-family or equivalent sewer taps; and WHEREAS, Englewood is desirous of using a portion of the remaining capacity of the Bi-City Plant until such time as the old Englewood Sewer Plant is on line and operational, at which time Littleton would receive a refund of any of its capacity used by <: Englewood during the intervening period; and • WHEREAS, upon activation of the old Englewood Sewer Plant, Englewood would be entitled to such capacity as provided by the B ~-City Plant and the old Englewood Sewer Plant such as to guarantee Englewood sufficient capacity to provide for Forty -two Th ous and (42,000) single-family or equivalent sewer taps, and Littleton would be entitle d to Twenty-eight Thousand (28,000) single-family or equivalent taps. NOW, THEREFORE, IT IS AGREED by and between the parties hereto that: 1. For and in consideration of the mutual promises and covenants contained herein, Littleton agrees to allow Englewood the usage of capacity presently owned by Littleton in the Bi-City -2- • I • - ( • • • • • • Plant according to the schedule attached hereto marked as Exhibit A and incorporated herein by this reference. 2. In exchange for the use of a portion of Littleton's remaining capacity in the Bi-City Plant, Englewood agrees that: A. The old Englewood Sewer Plant located in the City o :: Englewood will be reactivated so as to allow that plant to be operational by August, 1981 with an anticipated treatment capacity of Five (5) MGD, or Fourteen Thousand (14,000) single-family or equivalent sewer taps. B. That Englewood will bear all costs incurred or necessary for the reactivation of the old Englewood Sewer Plant, including, but not limited to, the cost of construction for any new sewer lines and other necessary equipment. 3. Englewood further agrees that it shall hold harmless and indemnify Littleton from any and all claims or suits arising out c•f the reactivation or construction of the old Englewood Sewer Plant. Englewood will take all appropriate measures to avoid damage or malfunction to the Bi-City Plant from the construction or re- activation of the old Englewood Sewer Plant • 4. The parties further agree that: A. Each City will provide monthly to the other a listing of the number of taps issued by it or connected to the sewer lines during the previous month in order to adequately advise each of the Cities as to the remaining capacity of the plant. -3- • • I • • D - - • • • B. Each City will adopt an allocation plan for the issuance of new sewer taps to assure each other that plant capacity is preserved in sufficient amounts so as to satisfy respective charter requirements of each City and to provide for the future needs of the in-City residents of each City as well as those portions of the drainage basin served by each City. Each City will take such steps as are necessary to assure that sufficient capacity remains for those needs prior to the anticipated Phase 2 development of the Bi-City Sewer Plant. Said allocation plans may, from time to time, require amendment so as to achieve the preservation of capacity as detailed herein, and it is agreed that the parties shall adjust their allocation schemes accordingly. Specifically, amendment shall be ~ required in the event that the anticipated date of operation of the old Englewood Sewer Plant is delayed or if the anticipated schedule for Phase 2 development of the Bi-City Plant is delayed. • c. The initial allocation plan of each City, including the number of taps reserved by each City for use of its in-City residents as shown on said Exhibit A heretofore incorporated herein. D. That Littleton and Englewood shall forthwith proceed with all steps necessary to achieve construction of the Phase 2 addition to the Bi-City Plan by the year 1985. 5. This agreement, nor any provision hereof, shall in any manner act to or be construed to abrogate, modify, limit, or other- wise change the agreement of the parties relative to the Bi-City -4- I • • - ( c • • • • • • • Plant entitled AGREEMENT BETWEEN THE CITIES OF LITTLETON AND ENGLEWO OD , COLORADO FOR A JOINT-USE WASTEWATER TREATMENT FACILITIES da ~ed July 2 , 1973, nor any provision therein, said Agreement to remain in full force and effect. 6. Failure to comply with any of the terms or conditions herein shall be considered a breach of this Agreement and shall be grounds for termination of the Agreement by the non-breaking party at its option. Termination shall be effective upon ten days' written notice to the other City's City Manager. Attest: Janet G. Harrison, City Clerk App :roved as to form: Larry W. Berkowitz, city Attorney Attest: City Clerk APproved as to fora: CITY OF LITTLETON, COLORADO Sally H. Parsons President of Council CITY OF ENGLEWOOD, COLORADO James L. Taylor, Mayor ienard v. Berardini, City Attorney -s- • I I • - • • • • .. / C.AUIIHT A TAP ALLOCATION PLAN LITTLETON/ENGLEWOOD BI-CITY SEWER PLANT Total Plant Capacity of Bi-City Plant (Numbers of Taps) Taps sold and on line as of September 12, 1979 Taps allocated October 1, 1979-October 1, 1980 Taps allocated October 1, 1980-October 1, 1981 (Old Englewood Plant on Line September 1981, Engle~1ood picks up 14,000 additional taps) ( Taps allocated October 1, 1981 -October 1, 1985 1,290 per year for Englewood 1,833 per year for Littleton TOTAL TAPS ALLOCATED By September, 1985, Phase II of the Oi-~ity Plant Should be on 1ine and t'P limitations can be eliminated ., ENGLHIOOD 28,000 34,260 1,290 * 1,290• 5 1 160 42,000 LITTLETO N 28,000 17,000 1 ,833 'In~ 1 ,833 '"' 7,334 *Of the 1,290 tapa allocated 910 acbeduled for 'outaide city limit~ wuU 3~0 ~~~~rv~J for City of EG&lewood. · · ** Of the 1,833 tapa allocated 1,300 &re fgr coatroact ¥Orv.i.co to Guta~idc-tbu-c i ty sewer diatricta, 300 tapa eacb year for builclera vicbio Littletoo, tlOd r'*'liAins 233 taps 1D reserve. -6- • D I - - • • • • • • Introduced, read in full, and passed on first reading on the 1st day of October, 1979. Published as a Bill for an Ordinance on the 3rd day of October, 1979. Read by title and passed on final reading on the _______ day of _________________ , 1979. Published by title as Ordinance No.;-------' Series of 1979, on the day of , 1979. Attest: Mayor Deputy City Clerk I, Janice L. Watkins, Deputy City Clerk, do hereby certify that the above and foregoing is a true, accurate, and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. Series of 1979. Jan~ce L. Watk~ns -7- • I • • - . '' ' • • • 7 t:J BY AUTHOltiTY ORDINANCE NO. COU NCIL BILL NO. 44 SERIES OF 197_9 __ _ ~bg BY A BILL F ')R AN ORDINANCE AMENDING SUBSECTION (a) (8) OF SECTION 9, CHAP TER 4, TITLE XV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY INCREASING THE SCHEDULE OF RATES AND CHARGES FOR SEWERAGE SERVICE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOO D, COLORADO, AS FOLLOWS: Section 1. That Subsection (a) (8) of Section 9, Chapter 4, Title XV, of the '69 E.M.C. is hereby amended to read as follows: 15-4-9: RATES AND CHARGES FO .~ SEWERAGE SERVICE (a) GENERAL. There is hereby levied and charged on each lot, parcel of land, and premises served by or having sewer connection with the sanitary sewer ~f the City of Englewood, or othe r- wise discharging sanitary sewage, industrial wastes, or other liquids, either directly or indirectly, into the Customer Class City sanitary sewer system, an annual service charge which shall be computed and payable as follows: (8) The following rates shall become effective January 1, 1980: Sewage treatment charge Collection system ~harge Total SCHEDULE I ~JULE II In-City In-City City Sewers District Sewers Billed gtrl:z: Billed gtrl:z: FLAT FLAT RATE MINIMUM RATE MINIMUM Rate (per 1,000 gallons) .5075 .0675 .575() SCHEDUW Ill SCI!EDULI ·: IV Outside City Outside C.iL y District Sewers District ScvJL'I":: Billed Annuall::z: llillcd gu:-ly FLAT .!.LAT RATE MINIMUM •U\TE Ml NUIU ~l Single Fam. Dwelling 12.10 11.00 10.65 9.70 44.25 40.25 11.05 10.0:.. Multi Fam. (Unit) 7.50 6.85 6.60 5.95 27.70 25.20 6.90 6 .:.SO il:bi1e Hc ·me 4.60 4.20 4.05 3.70 17.05 15.50 4.25 :.s.u:.. ~mmercial ·& Ind • • I • - . • • • • • • SCHEDULE I SCHEDULE I I SCHEDULE III SC!IEDU LI:: LV Custa~~er In-City In-city Outside City Out s i de CiL y Class City Sewers Diat ::-ic:t Sewers District Sewers Di s t ricL S cwc.:rs Billed gtr1z Bill·£d gtrlz Billed Annu a ll:l! Billed QL rlv FLAT FLAT FLAT FLAT RATE KINIMDM RATE MINIMUM RATE MINIMUM RATE ~!IN C·it,;; (By Meter Size) 1 • 5/8 inch 16.70 15.20 14.70 13.40 61.80 56.25 15.45 14.05 3/4 inch 25.30 23.00 22.25 20.25 93.80 85.35 23.45 21. J5 1 inch 42.00 38.20 36.95 33.60 155.60 141.60 38.90 35 .40 1/2 inches 83.95 76.40 73.90 67.25 311.20 283.20 77.80 70 ./.iO 2 inches 134.55 122.45 118.40 107.80 498.80 453.90 124.70 11 3 . 50 3 inches 268.55 244.40 236.30 215.05 995.45 905.85 248.85 2 2 6 .1,~, 4 inches 419.75 382.00 369.40 336.15 1556.05 1416.00 389.00 35'•. Uu 6 inc:bea 839.50 763.95 738.75 672.25 3112.15 2832.05 77B.05 70 :$.011 8 inches 1334.00 1213.95 1173.90 1068.25 4945.30 4500.20 1236.30 llL C.. U , 10 inches 1917.65 1745.05 1687.55 1535.65 7108.90 6469.10 1777.20 Minimum charges both inside and outside the City are Ninety-one percent (9lt) of the flat rate charge for the customer class involved. Introduced, read in full, and passed on first reading on the 5th day of November, 1979. Published as a Bill for a~ Ordinance on the day of November, 1979. ---------- Attest: Mayor Deputy City Clerk 161/. "JII 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 5th day of November, 1979. Janice L. Watkins, Deputy City Cl e r k -2- • I • • - . ·.~-- • • • • • • BY AUTHORITY ORDINANCE NO.=------ SERIES OF 1979 COUNCIL BILL NO. 45 I~BY A BILL FOR AN ORDINANCE REPEALING AND REENACTING WITH AMENDMENTS CHAPTER 11, TITLE XI, OF THE 1969 ENGLEWOOD MUNICIPAL CODE PROVIDING GENER- ALLY FOR THE LICENSING AND CONTROL OF DOGS AND CATS AND OTHER DOMESTICATED OR FARM ANIMALS; GENERALLY PROVIDING FOR IMPOUNDMENT, LICENSING, HOBBY BREEDERS OPERATION, VACCINATION, RECORDS, CRUELTY TO ANIMALS; AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. WHEREAS, the City Council of the City of Englewood, Colorado, has heretofore appointed an Animal Control Committee to review the provisions of Chapter 11, Title XI, of the '69 Englewood Municipal Code: and WHEREAS, the City Council has reviewed the findings, con- clusions and recommendations of the Animal Control Committee: and WHEREAS, there is a significant public need to exercise stricter control and reduce the number of unwanted and uncared for animals. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Chapter 11, Title XI, of the '69 Englewood Municipal Code is hereby repealed and reenacted with amendments as follows: SECTION 11-11-1 11-11-2 11-11-3 11-11-4 11-11-5 11-11-6 11-11-7 11-11-8 11-11-9 11-11-10 11-11-11 11-11-12 SUBJECT . CHAPTER 11 ANIMALS AND FOWL Article !--Dogs Definitions Dogs Running at Large Prohibited Removal of Excrement: Damage to Shrubbery, Plants, etc. Dogs at Large: Impoundment: Notice: Disposition Tag; Collar Maintenance of More than Three Dogs on Premises: License Requirements Hobby Breeder's License Application: Fees License Issuance: Renewal Hobby Breeder Operation Right of Entry: Inspections Denial, Revocation or Suspension of License Vaccination Required • I • - • • • • 11-11-13 11-11-14 11-11-15 11-11-16 11-11-17 11-11-18 11-11-19 11-11-20 11-11-21 11-11-22 11-11-23 11-11-24 11-11-25 11-11-26 11-11-27 11-11-28 11-11-29 11-11-30 11-ll-31 11-11-32 11-11-33 11-11-34 11-11-35 11-11-41 11-11-42 11-11-43 11-11-44 11-11-45 11-11-46 11-11-47 11-11-48 11-11-49 11-11-50 11-11-51 11-11-52 11-11-53 • • • Rabies Suspects and Biting Dogs Rabies Suspects; Disposition Records; Reports Vicious Dogs; Guard or Attack Dogs Barking Dog; Harboring Prohibited Poisoning Dogs Police Dogs Cruelty to Dogs Article II--Cats Definitions Cats Running at Large Damage to Shrubbery; Plants, etc. Cats at Large; Impoundment; Notice; Disposition (Reserved) Maintenance of More Than Two Cats on Premises; License Requirements Hobby Breeder's License; Application; Fee License Issuance; Renewal Hobby Breeder Operation Right of Entry; Inspections Denial, Revocation or Suspension of License Vaccination Required Poisoning Cats Cruelty to Cats (Reserved) Article III Farm and Domesticated Animals; Fowl; Wild and Dangerous Animals; Reptiles; Exotic Pets; Etc. Definitions Premises Kept Clean Disturbance of Neighborhood Prohibited Abandonment of Animals Cruelty to Animals Molesting Birds Dyed Pets; Sale; Display or Possession Unlawful Indecent Exhibitions of Animals Zoological Permits Animals Running at Large Disposition of Dead Animals Specific Livestock Prohibited (Reserved) -2-I • - • • • • • • • 11-11-1: DEFINITIONS For the purpose of this Article, certain terms and words are here- with defined as follows: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (1) (m) (n) (o) "Adjoining owners, residents"--The owners and residents of lands that are supported by a common boundary line. "Animal shelter"--Any premises designated by the city for the purpose of boarding and caring for any animal impounded under the provisions of this Article or any other ordinance or law of the State of Colorado. "Animal Warden"--The person or persons empowered by the city to enforce the provisions of this Article. "Attack dog"--Any dog or canine trained to attack persons entering the area except for the trainer of such dog or canine. "Dog"--Any animal of canine species, regardless of sex. "Dog, male"--Any dog of masculine gender upon which no alternative surgery of the genital organs has been performed. "Dog, castrated male (neutered)"--Any male dog upon which alternative surgery of the genital organs has been performed by a licensed veterinarian and accompanied by a certificate asserting such operation has been performed. "Dog owner"--Any person keeping, harboring, or having the full or temporary care of a dog at the time any violation of this ordinance is committed. "Dog, female"--Any dog of the female gender upon which no alternative surgery of the genital organs has been performed. "Dog, spayed female"--Any female dog on which an ovariotomy or ovariohysterectomy has been performed by a licensed veteri- narian and accompanied by a certificate asserting such opera- tion has been performed. "Dog, stray and/or running at large"--Any dog within the city limits, outside of owner's property, unaccompanied by owner as defined in 11-11-l(h). "Finance Director"--Director of Finance, ex officio City Clerk- Treasurer. "Guard dog"--Any dog or canine trained to attack a person at the command or instruction of a trainer. "Hobby breeder--Any person who, outside of his regular course of employment, is breeding purebred dogs in an attempt to improve the breed through controlled propagation, thus achiev- ing carefully desired qualities and traits. "Rabies"--A viral encephalitis, almost always fatal tQ both wild and domestic animals, that may ·affect any warm-blooded animal but is most comnton in carnivores and new world bats. In the United States, foxes, skunks, and raccoons are the ma j or wild carnivore h osts, though domestic dogs and cats remain the most important source of human exposure. -3- I • - • • • • • • (p) "Kennels"--Any place where dogs are born, bred, raised, boarded, fed, or sold, for any valuable consideration, but shall not include a household which sells only the offspring of a female dog maintained solely as a family pet. (q) "Vicious dog"--Any dog that, without provocation, bites or attacks human beings or in a vicious and terrorizing manner attacks, or approaches in an apparent attitude of attack, a person upon the streets, sidewalks or any public ground or place of any private property other than the premises of the owner, possessor or keeper of such dog, or a dog that runs after and bites or barks at any other animal, bicycle, or any vehicle being ridden or driven upon the streets, sidewalks or any public ground or public place within the city. 11-11-2: DOGS RUNNING AT LARGE PROHIBITED It shall be unlawful for any owner or person having the care, custody and control of any dog to allow such dog to run at large in the ci ty unless such dog is under the reasonable control of such owner or per son. (a) For the purpose of this section, a dog shall be deemed to be running at large when off or away from the premises of the owner, possessor or keeper thereof and not under the control of such owner, possessor or keeper, who shall be competent to control such dog and who may be required to demonstrate to a member of the Englewood Police Department, or any Animal Warden of the City of Englewood, his or her ability to control such dog whenever such dog is not kept on or controlled by a leash, cord or chain not to exceed ten (10) feet. (b) Notwithstanding any of the provisions of this section, a dog shall be deemed not under reasonable control when any of the following conditions occur: (1) The dog inflicts damage or injury by biting, jumping upon, pollution of vegetation, or by any other means what- soever, to the person or property of anyone other than the owner, except in the defense of the owner, his family or property, or any dog under the control and command of a police officer in the course of his duty. (2) In the case of any unspayed female dog while said dog is in estrus (in heat or in season) and not securely con- fined in the owner's yard, pen or other enclosure. (c) Penalty. Any owner or person found guilty of their dog vio- lating any provisions of this section shall, upon the first conviction, be subject to the payment of a fine of not less than Fifteen Dollars ($15); upon the second and subsequent conviction shall be fined a sum not less than Twenty-five Dollars ($25) nor more than One Hundred Dollars ($100); and upon the third and subsequent convictions shall be fined an amount not less than One Hundred Dollars ($100) nor more than Three H~~dred Dollars ($300) and be subject to not more than ninety (90) days in jail, or both such fine and imprisonment. -4- I • • \ • • • • • (d) Any owner or person charged with the violation of any of the provisions of Section 11-11-2 hereof may present such summons to the Clerk of the Traffic Violations Bureau of the City of Englewood and pay such fine without appearance in court, and upon payment of the fine shall be deemed to have pleaded guilty to the offense charged. Nothing herein contained shall be construed to prohibit any person charged with the violation of Section 11-11-2 from demanding a court hearing on the alleged violation. The provisions of this subsection shall not be applicable upon the filing of a complaint and summons for the second or subsequent violations of this section. 11-11-3: REMOVAL OF EXCREMENT; DAMAGE TO SHRUBBERY, PLANTS, ETC. (a) It shall be unlawful for any person in possession of, harboring, or in charge of any dog to refuse or fail to remove forth- with excrement deposited by said dog upon a common thorough- fare, street, sidewalk, play area, park or upon other public property, or upon any private property when permission of the owner or tenant of said property has not been obtained, and such is hereby deemed to be a public nuisance and prohibited. Dog excrement shall not be placed in storm sewers but shall be disposed of in a sanitary manner. (b) It shall be unlawful for any owner, possessor or person who keeps any dog to permit such dog, whether or not running at large, to destroy, damage or injure any shrubbery, plants, flowers, grass, lawn, fence or anything whatsoever upon any public premises or upon any private premises owned or occupied by a person other than the owner, possessor, or keeper of such dog, and the same is hereby declared to be a public nuisance and prohibited. 11-11-4: DOGS AT LARGE; IMPOUNDMENT; NOTICE; DISPOSITION (a) Any dog or dogs found running at large shall be taken by the Animal Warden and impounded in the shelter designated as the City Animal Shelter and there confined in a humane manner for a period of not less than six (6) days and may thereafter be disposed of in a humane manner if not claimed by their owners. Dogs not claimed by their owners before the expiration of six (6) days may be disposed of at the discretion of the Animal Warden, except as hereinafter provided. (b) The Animal Warden may transfer title of any dog held at the Animal Shelter to the Society for the Prevention of Cruelty to Animals after the legal detention period has expired and such dog has not been claimed by its owner. (c) When dogs are found running at large and their ownership is known to the Animal Warden, such dogs need not be impounded, but such officer may cite the owners of such dogs to appear in court or the Violations Bureau to answer charges of the violation of this Article. -5- I • - • c • • • • • • (d) Immediately upon impounding dogs, the Animal Warden shall make every possible reasonable effort to notify the owners of such dogs so impounded and inform such owners of the condi- tions whereby they may regain custody of such dogs. (e) Dogs impounded and not reclaimed by the owner, pursuant to subsection (a) hereof, may be released for adoption after payment of a Forty Dollar-($40) adoption fee by the party adopting said animal. Fifteen Dollars ($15) of the Forty Dollar-($40) adoption fee will be refunded upon presentation of proof that the dog has been neutered (spayed) by a licensed veterinarian and has received a current rabies vaccination. Neutering (spaying) and vaccination must be performed within thirty (30) days of adoption or by the time the adopted animal attains six (6) months of age. 11-11-5: TAG; COLLAR The owner of any dog shall cause to be placed upon the neck of such dog so owned, kept or harbored, a collar made of durable material, having attached thereto a metal tag showing that the dog has a current rabies vaccination, together with an identifying number thereon cor- responding to the number on the certificate of vaccination. The collar with the tag attached thereto shall be kept on such dog at all times. 11-11-6: MAINTENANCE OF MORE THAN TWO DOGS ON PREMISES; LICENSE REQUIREMENTS No household, place or premises may have more than two (2) dogs over six (6) months of age without first having procured a city hobby breeder's license as hereinafter provided. A city hobby breeder's license shall not be required where the place or premises are currently licensed as a pet shop or boarding kennel, pursuant to Section 12-57-101, et seq., Colorado Revised Statutes 1973, as amended. All households presently ownning three (3) dogs without a hobby breeder's license may maintain the three (3) dogs currently owned but shall not maintain more than two (2) dogs upon the death or loss of ownership of one (1) or more of the currently owned three (3) dogs. 11-11-7: HOBBY BREEDER'S LICENSE APPLICATION; FEES An application to maintain a hobby breeder's operation shall be made upon forms supplied by the Director of Finance and shall con- tain a statement of the name of the applicant, the address and location of the hobby breeder's operation, together with the express consent from adjoining landowners or residents that they have no -6- I • - • • • • • 4t objection to the issuance of said license, and such additional information as may be required by the Director concerning the physical facilities and equipment, as in the judgment of the Director will enable him to pass upon the qualifications of the application and premises. The application shall be accompanied by a payment of a fee in the amount of Twenty-five Dollars ($25). • 11-11-8: LICENSE ISSUANCE; RENEWAL (a) In the event that the Finance Director approves the applica- tion and determines that the applicant is qualified to engage in a hobby breeder's operation, the Director shall issue a license to the applicant, which license shall be prominently displayed in the location the applicant main- tains his operation. (b) Upon issuance of the city hobby breeder's license, the licensee may carry on a limited breeding program but may not maintain more than five (5) dogs over six (6) months of age nor more than twenty (20) puppies whelped and transferred in any twelve-month period. (c) The hobby breeder's license under the provisions of this ordinance shall expire on the 31st day of December each year. Each license shall be renewed during the month of December each year. Such applications for renewal shall be made to the Director, in writing, on forms prescribed by the Director, shall contain such information as will enable him to deter- mine if the applicant is qualified to continue to hold a license and shall be accompanied by a renewal fee of Fifteen Dollars ($15). 11-11-9: HOBBY BREEDER OPERATION (a) Operator's duties. Every person licensed under this ordinance to operate as a hobby breeder shall: 11-11-10: (1) Maintain the premises and facilities in a sanitary condition. (2) Provide adequate ventilation for the facilities used for animals. (3) Provide adequate nutrition for and humane care and treatment of all dogs under this care and control. RIGHT OF ENTRY; INSPECTIONS It shall be lawful for the Animal Warden or any employee of the city who may be charged with the duty of making inspections of premises licensed under this ordinance or any employee of the County or District Health Department to enter upon the premises licensed under this ordinance and to inspect the same and inspect any records required to be kept by this ordinance or regulations made pursuant thereto. -7- I • - • • • • • • • ll-11-ll: DENIAL, REVOCATION OR SUSPENSION OF LICENSE The Director may withhold, deny, revoke or temporarily suspend for a period not to exceed one (l) year any license issued or applied for in accordance with the provisions of this ordinance upon finding that licensee has been guilty of the following: (a) The licensee has been convicted of two(2) violations of Section 11-11-2 within a twelve-month period. (b) Material misstated in the application for a license or an application of renewal thereof. (c) The violation of any public health law of the state and failure to comply with any state act or health requirement relative to the humane treatment of dogs. (d) Failure to maintain sanitary conditions and the proper disposal of animal waste as may be required by the Colorado State Department of Health pursuant to Article 57, Title 12, Colorado Revised Statutes, 1973, as amended. ll-ll-12: VACCINATION REQUIRED The owner of each dog six (6) months of age shall cause said dog to be vaccinated against rabies. Such vaccination shall be repeated annually thereafter. Dogs shall be vaccinated by any veterinarian licensed to practice veterinary medicine. A certificate of vaccina- tion, in duplicate, shall be completed by the veterinarian, one (l) copy to be issued to the dog owner and one (l) to be retained in the veterinarian's files. (a) Any dog in the custody of any police officer, Animal Warden or in the city pound shall be released to the owner of said dog for a period of time not to exceed five (5) days in order to obtain the vaccination of the dog. ll-ll-13: RABIES SUSPECTS AND BITING DOGS Any dog which is suspected of having rabies, or which has bitten a person or other animal may be impounded either in the pound or under the supervision of a licensed veterinarian, for observation. All fees for such impounding and observation shall be charged to the owner of such animal. (a) Any dog impounded under the provisions of this section shall be placed in a suitable facility and quarantined for a period of not less than ten (10) days at the expense of the owner. (b) Any dog impounded under the provisions of this section shall be destroyed upon determination that such dog is infected with rabies. 11-ll-14: RABIES SUSPECTS; DISPOSITION -a- I • - • • • • • • • • Dogs known to have been bitten or exposed to a rabid animal shall be: (a) (b) Immediately destroyed upon determination by a licensed veterinarian that the dog is rabid; or Released upon proof of immunization and booster injections given by a licensed veterinarian. 11-11-15: RECORDS; REPORTS The Police Department shall maintain a record of all animals impounded together with all fees collected. A monthly report shall be made to the Manager and all fees transmitted to the Treasurer daily. 11-11-16: VICIOUS DOGS; GUARD OR ATTACK DOGS (a) It shall be unlawful for any person to keep or harbor a fierce or vicious dog. (b) Dogs maintained as guard dogs or placed in an enclosed area for the protection of persons or property shall not be included under this section so long as they remain in this enclosed area and are completely confined in a kennel, yard or other enclosed space when not being used as a guard dog. (c) All persons owning or controlling an attack or guard dog on premises within the municipality shall notify the Police Department in writing of the name of the owners or persons in control of such premises and the street address thereof. Such notification shall be furnished within seventy-two (72) hours from the time said dog is brought to said premises. (d) Upon receipt of such notification, the Police Department shall furnish such information to the Fire Department of the city. (e) The owner, or other persons in control if not the owner, of all premises upon which attack ar.d guard dogs are maintained shall post signs on, over or next to all exterior doors stating that such dogs are on the premises. At least one (1) such sign shall be postedat each driveway or entranceway to said premises. (f) If attack or guard dogs on said premises are owned or main- tained thereon by any guard or security service, the signs aforesaid shall also contain the phone number of such service. No attack or guard dogs may be maintained in the municipality by such service unless the telephone for which such number is posted is manned by responsible personnel twenty-four (24) hours daily. (g) Said signs shall contain lettering clearly visible from either the curbline or a distance of fifty (50) feet, which- ever is lesser • -9- I • - • • • • • • • • ll-ll-17: BARKING DOG; HARBORING PROHIBITED No person shall keep or harbor a dog which by loud or frequent or habitual barking, yelping, howling, or whining shall cause a serious annoyance to the neighborhood or to people passing to and from upon the streets or sidewalks. ll-ll-18: POISONING DOGS It shall be unlawful for any person to poison any dog or to dis- tribute poison in any manner whatsoever with intent or for the purpose of poisoning any dog. ll-ll-19: POLICE DOGS It shall be unlawful for any person to willfully or maliciously torture, torment, beat, kick, mutilate, injure, disable or kill any dog used by the Police Department in the performance of the functions and duties of such Department, or to unwarrantably interfere with or meddle with any such dog while being used by said Department or any officer or member thereof in the performance of any of the functions or duties of said Department or of such officer or member. ll-11-20: CRUELTY TO DOGS It shall be unlawful for any person to overcrowd, overwork, deprive of necessary sustenance, willfully or maliciously torture, torment, beat, kick, mutilate, injure, disable, or kill needlessly, or to carry in any vehicle or otherwise transport in a cruel and inhuman manner, any dog, or to cause any of these acts to be done. It shall be unlawful for any person having charge or custody of any dog to fail to provide it with proper food, drink and protection from the weather, or to cause any of these acts to be done. Article II--Cats ll-ll-21: DEFINITIONS -CATS (a) "Adjoining owners, residents"--The owners and residents of lands that are supported by a common boundary line. (b) "Animal shelter"--Any premises designated by the city for the purpose of boarding and caring for any animal impounded under the provisions of this Article or any other ordinance or law of the State of Colorado . (c) "Animal Warden"--The person or persons empowered by the city to enforce the provisions of this Article. (d) "Cat"--Any member of the family Felis Catus regardless of sex. (e) "Cat, male"--Any cat of masculine gender upon which no alternative surgery of the genital organs has been performed. -10- I • - • • • • • • • (f) "Cat, castrated male (neutered)"--Any male cat upon which alternative surgery of the genital organs has been performed by a licensed veterinarian and accompanied by a certificate asserting such operation has been performed. (g) "Cat, female"--Any cat of the female gender upon which no alternative surgery of the genital organs has been performed. (h) "Cat, female spayed"--Any female cat on which an ovariotomy or ovariohysterectomy has been performed by a licensed veterinarian and accompanied by a certificate asserting such operation has been performed. (i) "Cat owner"--Any person owning, keeping, harboring, or having full or temporary care of a cat at the time any violation of this ordinance is committed. (j) "Cat, stray and/or running at large"--Any cat, within the city limits, outside of owner's property unaccompanied by owner as defined in ll-ll-2l(i). (k) "Finance Director"--Director of Finance, ex officio City Clerk-Treasurer. (1) "Hobby breeder"--Any person who, outside of his regular course of employment, is breeding purebred cats in an attempt to improve the breed through controlled propagation, thus achiev- ing carefully desired qualities and traits. (m) "Rabies"--A viral encephalitis, almost always fatal to both wild and domestic animals, that may affect any warm-blooded animal but is most common in carnivores and New World bats. In the United States, foxes, skunks, and raccoons are the major wild carnivore hosts, though domestic dogs and cats remain the most important source of human exposure. (n) •cattery (kennel)"--Any place where cats are born, bred, raised, boarded, fed, or sold, for any valuable consideration, but shall not include a household which sells only the off- spring of a female cat maintained solely as a family pet. (o) "Vicious cat"--A cat that, without provocation, bites or attacks human beings or in a vicious and terrorizing manner attacks, or approaches in an apparent attitude of attack, a person upon the streets, sidewalks or any public ground or place or any private property other than the premises of the owner. 11-11-22: CATS RUNNING AT LARGE It shall be unlawful for any owner of a cat to allow such cat to run at large in the city and to become or create a nuisance. (a) Notwithstanding any of the provisions of this section, a cat shall be deemed to be a nuisance when any of the following conditions occur: -11-I • - • • • • • • (1) The cat inflicts damage or injury by biting, jumping upon, polluting of vegetation, or by any other means whatsoever, to the person or property of anyone other than the owner. (2) In the case of any unspayed female cat while said cat is in estrus (in heat or in season) and not securely confined in the owner's year, pen, or other enclosure. (b) Penalty. Any owner or person found guilty of violating any provision of this section shall, upon the first conviction, be subject to the payment of a fine of not less than Fifteen Dollars ($15); upon the second and subsequent conviction shall be fined a sum of not less than Twenty-five Dollars ($25) nor more than One Hundred Dollars ($100); and upon the third and subsequent convictions shall be fined an amount not less than One Hundred Dollars ($100) nor more than Three Hundred Dollars ($300) and be subject to not more than ninety days in jail, or both such fine and imprisonment. (c) Any owner or person charged with the violation of any provisions of Section 11-11-22 hereof may present such summons to the Clerk of the Traffic Violations Bureau of the City of Englewood and pay such fine without appearance in court, and upon payment of the fine, shall be deemed to have pleaded guilty to the offense charged. Nothing herein contained shall be construed t to prohibit any person charged with the violation of Section 11-11-22 from demanding a court hearing on the alleged viola- tion. The provisions of this subsection shall not be applica- ble upon the filing of a complaint and summons for the second or subsequent violations of this section. 11-11-23: DAMAGE TO SHRUBBERY, PLANTS, ETC. (a) It shall be unlawful for any owner, possessor or person who keeps any cat to permit such cat, whether or not running at large, to destroy, damage or injure any shrubbery, plants, flowers, grass, lawn, fence, or anything whatsoever upon any public premises or upon any private premises owned or occupied by a person other than the owner, possessor or keeper of such cat, and the same is hereby declared to be a public nuisance and prohibited. 11-11-24: CATS AT LARGE; IMPOill~DMENT; NOTICE; DISPOSITION (a) Any cat or cats found running at large and/or creating a public nuisance shall be taken by the Animal Warden and impounded in the shelter designated as the City Animal Shelter and there confined in a humane manner for a period of not less than six (6) days and may thereafter be disposed · of in a humane manner if not claimed by their owners. Cats not claimed by their owners before the expiration of six (6) days may be disposed of at the discretion of the Animal Warden, except as hereinafter provided. -12- • I • • - • • • • • • • (b) The Animal Warden may transfer title of any cat held at the Animal Shelter to the Society for the Prevention of Cruelty to Animals after the legal detention period has expired and such cat has not been claimed by its owner. (c) When cats are found running at large and their ownership is known to the Animal Warden, such cats need not be impounded, but such officer may cite the owners of such cats to appear in court to answer charges of the violation of this Article. (d) Immediately upon impounding cats, the Animal Warden shall make every possible reasonable effort to notify the owners of such cats so impounded and inform such owners of the conditions whereby they may regain custody of such cats. (e) Cats impounded and not reclaimed by the owner, pursuant to Subsection (a) hereof, may be released for adoption after payment of a Forty Dollar-($40) adoption fee by the party adopting said animal. Fifteen Dollars ($15) of the Forty Dollar-($40) adoption fee will be refunded upon presenta- tion of proof that the cat has been neutered (spayed) by a licensed veterinarian and has received a current rabies vaccination. Neutering (spaying) and vaccination must be performed within thirty (30) days of adoption or by the time the adopted animal attains six (6) months of age. 11-11-25: (Reserved) 11-11-26: MAINTENANCE OF MORE THAN TWO CATS ON PREMISES: LICENSE REQUIREMENTS No household, place or premises may have more than two (2) cats over six (6) months of age without first having procured a city hobby breeder's license as hereinafter provided. A city hobby breeder's license shall not be required where the place or premises are currently licensed as a pet shop or boarding kennel, pursuant to Section 12-57-101 et seq., Colorado Revised Statutes 1973, as amended. All households presently owning three (3) cats without a hobby breeder's license may maintain the three (3) cats currently owned but shall not maintain more than two (2) cats upon the death or loss of owner- ship of one (1) or more of the currently owned three (3) cats. 11-11-27: HOBBY BREEDER'S LICENSE APPLICATION: FEES An application to maintain a hobby breeder's operation shall be made upon forms supplied by the Director of Finance and shall con- tain a statement of the name of the applicant, the address and location of the hobby breeder's operation, together with the express consent from adjoining landowners or residents that they have no objection to the issuance of said license, and such additional informa- tion as may be required by the Director concerning the physical facilities and equipment, as in the judgment of the Director will enable him to pass upon the qualifications of the application and -13- • I • • lo _____ .., - - • • • • • premises. The application shall be accompanied by a payment of a fee in the amount of Twenty-five Dollars ($25). 11-11-28: LICENSE ISSUANCE: RENEWAL (a) In the event that the Director approves the application and determines that the applicant is qualified to engage in a hobby breeder's operation, the Director shall issue a license to the applicant, which license shall be prominently displayed in the location the applicant maintains his opera- tion. • (b) Upon issuance of the city hobby breeder's license, the licensee may carry on a limited breeding program but may not maintain more than five (5) cats over six (6) months of age nor more than twenty (20) kittens queened and transferred in any twelve- month period. (c) The hobby breeder's license under the provisoins of this ordinance shall expire on the 31st day of December each year. Each license shall be renewed during the month of December each year. Such applications for renewal shall be made to the Director, in writing, on forms prescribed by the Director, shall contain such information as will enable him to determine if the applicant is qualified to continue to hold a license t and shall be accompanied by a renewal fee of Fifteen Dollars ($15). 11-11-29: HOBBY BREEDER OPERATION (a) Operator's Duties. Every person licensed under this ordinance to operate as a hobby breeder shall: 11-11-30: (1) Maintain the premises and facilities in a sanitary condition. (2) Provide adequate ventilation for the facilities used for animals. (3) Provide adequate nutrition for and humane care and treatment of all cats under his care and control • RIGHT OF ENTRY: INSPECTIONS It shall be lawful for the Animal Warden or any employee of the city who may be charged with the duty of making inspections of premises licensed under this ordinance or any employee of the County or District Health Department to enter upon the premises licensed under this ordinance and to inspect the same and inspect any records required to be kept by this ordinance or regulations made pursuant thereto. -14- • I • ...... ...... • • • • • II 11-11-35: (Reserved) Article III --Animals in General 11-11-41: DEFINITIONS -ANIMALS IN GENERAL (a) "Animal"--Any animate being, excluding the dog and cat, which is endowed with the power of voluntary motion; all living creatures not human. (b) "Cattle"--Animals of the bovine genus regardless of sex. (c) "Director"--Director of Community Development for the City of Englewood or his designee. (d) "Enclosure or Inclosure"--Land surrounded by some visible obstruction such as a fence. (e) "Avian (fowl)"--A bird of any kind, including chicken, water fowl, etc. (f) "Goat"--Any of various ruminant mammals (esp. of the genus capra) regardless of sex. (g) "Horse"--an animal of the genus equvs and species caballus regardless of sex. (h) "Livestock"--Farm animals, including but not limited to cows, horses, sheep and pigs. (i) "Neighborhood"--A place near an adjoining or surrounding district, a more immediate vicinity. (j) "Animal owner"--Any person owning, keeping, harboring or having the full or temporary care of an animal at the time any violation of this ordinance is committed. (k) "Premises"--The area or tract of land surrounding the residence or place of business of the owner or custodian of any animal or fowl, which area or tract of land appertains to the resi- dence o~ place of business. (1) "Rabbit"--Any member of the hare family regardless of sex. (m) "Sheep"--Any of numerous ruminant mammals (genus ovis) regardless of sex. (n) "Swine"--Hog, pig or any of various stout-bodied, short-legged, omnivorous mammals (family suidae) • (o) "Animal running at large"--Any animal off of owner's premises and not accompanied by owner. Owner defined in (j) above. 11-11-42: PREMISES KEPT CLEAN Any person who owns or controls any lot, barn, stable, shed, building or other place where domestic avian (fowl) or animals are kept, shall keep the building and premises in a clean and sanitary condition and shall remove all manure from the premises at least once each week. 11-11-43: DISTURBANCE OF NEIGHBORHOOD PROHIBITED It is unlawful for any person to keep or maintain any animal or avian (fowl) within the city which habitually or continuously dis- turbs the peace and quiet of the neighborhood and the keeping of any such animal or avian (fowl) shall be declared to be a nuisance. -16- • I • - • • • • • 11-11-44: ABANDONMENT OF ANIMALS It shall be unlawful for any person to abandon any animal, or to cause such animal to be abandoned. 11-11-45: CRUELTY TO ANIMALS It shall be unlawful for any person to overdrive, overload, drive when overloaded, overwork, torture, deprive of necessary sustenance, cruelly beat, mutilate or kill needlessly, or to carry in any vehicle or otherwise transport in a cruel and inhuman manner, any animal, or to cause any of these acts to be done. It shall be unlawful for any person having charge or custody of any animal to fail to provide it with proper food, drink and protection from the weather, or to cause any of these acts to be done. 11-11-46: MOLESTING BIRDS It shall be unlawful for any person within the city to at any time frighten, shoot at, wound, kill, take, capture, ensnare, net, trap or in any other manner molest or injure any bird, fowl, or water fowl, or in any manner molest or injure the nest, eggs or young of any such bird, fowl or water fowl. 11-11-47: DYED PETS: SALE, DISPLAY OR POSSESSION UNLAWFUL (( It shall be unlawful for any person to possess, display, sell or • give away dyed, colored, or in any way artificially treated baby chicks, ducklings, avian (fowl), rabbits or any animals as pets, playthings, novelties or gifts. 11-11-48: INDECENT EXHIBITION OF ANIMALS It shall be unlawful for any person to exhibit any stud horse or bull or other animal indecently. It shall be unlawful for any person to let any male animal to any female animal unless the same be done in some place wholly enclosed and out of public view. 11-11-49: ZOOLOGICAL PERMITS (a) No person shall harbor, keep or sell or offer for sale any wild animal, wild bird, exotic pet, poisonous or dangerous reptile, snake or insect without first obtaining a zoological permit from the City of Englewood. In issuing such permits, the city shall establish such reasonable rules and regulations and fees as are necessary and proper for the safe control and management of the aforementioned animals, birds and reptiles . -17- • I • - . .. . c • • • , ... • • • (b) The provisions of this section shall not apply to: (1) A bona fide publicly or privately owned zoological park. (2) A publicly owned animal pound. (3) A veterinary hospital. (4) A bona fide research institution using pet animals for a scientific research. 11-11-50: ANIMALS RUNNING AT LARGE It is unlawful for any animal owner to permit the same ro run at large within the City of Englewood. Any such animals found running at large may be taken and impounded. ll-ll-51: DISPOSITION OF DEAD ANIMALS When any animal shall die within the city, it shall be the duty of the owner thereof to remove the carcass of such animal and see that it is disposed of in a sanitary fashion. It shall be unlawful for any animal owner to fail or refuse to remove such carcass, and such refusal or failure shall constitute a nuisance. When the animal carcass shall be found in any public street, alley, or place other than the property of the owner, it shall be the duty of the Chief of Police, other police officer or Animal Warden, when knowledge thereof shall come to him, to cause such carcass to be removed and disposed of in a sanitary manner. ll-ll-52: SPECIFIC LIVESTOCK PROHIBITED It shall be unlawful for anyone within the city limits of Englewood to keep, harbor, or maintain cattle, horses, sheep, goats, or swine on their premises. The only exceptions are those individuals having said animals prior to enactment of this ordinance. ll-ll-53: (Reserved) Section 2. Any ordinances or parts of ordinances in conflict here- w~th are expressly repealed • Introduced, read in dayofA~ Published as a Bill 1979 . Attest: Deputy C~ty Clerk full and passed on first reading on the~ , 1979. for an Ordinance on the~day of~ Mayor -18- • I • - (( • • • • • . . . I, Janice ;r..; Watkins, Deputy City Clerk, do hereby certify that the above and foregoing is a true, accurate, and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the day of , 1979. Jan~ce L. Watkins -19- • I • • - - ·. (( • • • ORDINANCE NO. SERIES OF 19 7-9 -- • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 49 INTRODUCED BY AN ORDINANCE AMENDING CHAPTER 9, ARTICLE XI, BY ADDING A NEW SECTION RELATING TO SHOPLIFTING AND RIGHT TO DETAIN AND QUESTION AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Chapter 9, Article XI, of the '69 E.M.C. is here b y amended by adding new subsections 9 and 10 to read as follows: 11-9-9: SHOPLIFTING It shall be unlawful for any person to wilfully conceal unpurchased goods, wares, or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on his person or otherwise and whether on or off the premises of said store or mercantile establishment, which goods, wares or merchandise have a total value of less than Two Hundred Dollars ($200). Such concealment constitutes prima facie evidence that the person intended to avoid payment therefor. 11-9-10: RIGHT TO DETAIN AND QUESTION If any person conceals upon his person or otherwise carries away any unpurchased goods, wares, or merchandise held or owned by any store or mercantile establishment, the merchant or any employee thereof or any peace officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, may detain and question such person, in a reason- able manner, for the purpose of ascertaining whether the person is guilty of shoplifting. Section 2. The City Council finds and determines that the incidents of shoplift i ng in amounts less than Two Hundred Dollars ($200) within the ma j or shopping areas of the City have become a significant municipal problem and therefore finds that an emergency exists and that this ordinance shall become effective upon publication following final passage. • I • - • • •• • Introduced, read in full, and passed on first reading on the day of November , 1979. Published as a Bill for an Ordinance on the _______ day of ~----------------· 1979. Attest: Mayor Deputy C1ty Clerk I, Janice L. Watkins, Deputy City Clerk, 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 November, 1979. Janice L. Watkins I • • n - ,. c.: • • BY AUTHORITY ORDINANCE NO. SERIES OF 197~9------ A BILL FOR • • • 1 t COUNCIL BILL NO. 50 INTRODUCED BY ~h AN ORDINANCE AMENDING CHAPTER 2, TITLE XIV, OF '69 E.M.C. (MODIFICA- TION TO MODEL TRAFFIC RULES) BY ADDING A NEW SECTION THERETO RELATING TO RESIDENTIAL ON-STREET PARKING PERMITS. WHEREAS, in certain residential areas of the City, time limitations on vehicle parking have been imposed by the City Traffic Engineer for the purpose of allowing access to nearby commercial, industrial, and institutional areas; and WHEREAS, City Council finds and determines that the imposition of such time restrictions on parking has caused an unreasonable burden upon the residents of the area in gaining access to their residences. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Chapter 2, Title XIV, of the '69 E.M.C. is amended by adding a new section to read as follows: 14-2-7: RESIDENTIAL ON-STREET PARKING PERMITS AND FEES. (a) Permits. When the City Traffic Engineer, pursuant to Article XII and Section 9, Article XXIII, of the Model Traffic Code for Colorado Municipalities, 1977 Edition, has designated and established time limitations on vehicle parking on streets in residential areas, the Director of Finance, or his designee, may, upon application, issue permits to residents of such areas who own and/or operate a motor vehicle allow- ing said vehicle to be parked in the block on which the owner of said vehicle resides as if there were no time limitation restrictions on said parking. The permit shall be affixed to the lower left-hand corner of the rear window of said vehicle, or in a location on the vehicle approved by the Director of Finance, or his designee. This provision shall not apply to metered parking spaces where parking meter zones have been established. (b) Fees. An annual fee of $~ DD shall be charged for each permit issued for a vehicle when proof of residence in the appropriate • I • • - - ,. • • • block is based on a current Colorado Motor Vehicle Registration for the vehicle. An annual fee of $ Z So shall be charged for each permit issued for a vehicle when proof of residence in the appropriate block must be determined by other means. Introduced, read in full, and passed on first reading on the 5th day of November, 1979. Published as a Bill for an Ordinance on the day of NOVember, 1979. ------ Attest: Mayor Deputy City Clerk I, Janice L. Watkins, do hereby certify that the above and foregoing is a true, accurate, and complete copy of a Bill for an Ordinance, intrOduced, read in full, and passed on first reading on the 5th day of November, 1979. Jan~ce L. Watk~ns, Deputy C~ty Clerk -2- I . - - RESOLUTION NO. ~f' SERIES OF 1979 ____ _ • L • • • 1 1- A RESOLUTION ORDERING THE DISCHARGE PERMIT FOR THE OLD ENGLEWOOD SEWAGE TREATMENT PLANT TO BE REISSUED BY THE WATER QUALITY CONTROL DIVISION OF THE COLORADO DEPARTMENT OF HEALTH. WHEREAS, on October 23, 1979 a letter requesting reissuance of the Discharge Permit (C0-0026361) for the old Englewood sewage treatment plant was sent to the Water Quality Control Division by the City of Englewood; and WHEREAS, it is necessary that the permit be reissued within the next 30 days to prevent severe economic problems in the drain- age basin served by the City of Englewood sewage treatment facili- ties; and WHEREAS, operation of the old Englewood sewage treatment plant is consistent with and recommended in the Clean Water Plan adopted in 1977 by the Water Quality Control Division; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,. COLORADO, AS FOLLOWS: (( Section 1. That the Discharge Permit previously issued for operation of the old Englewood sewage treatment plant be reissued in a timely manner by the Water Quality Control Division of the Colorado Department of Health. • ADOPTED AND APPROVED this 5th day of November, 1979. Attest: Mayor Deputy C~ty Clerk I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, hereby certify that the above is a true, accurate, and complete copy of Resolution No. _______ , Series of 1979. Jan1ce L. Watkins I • - - ( • RESOLUTION NO. SERIES OF 1979 • • • 7g A RESOLUTION URGING REGION 8 OFFICE OF THE ENVIRONMENTAL PROTECTION AGENCY TO MAKE AVAILABLE FEDERAL FUNDING FOR EXPANSION OF THE BI- CITY TREATMENT PLANT. WHEREAS, the Bi-City Sewage Treatment Plant is at 80 percent capacity; and WHEREAS, federal funding is recommended by the Clean Water Plan at this level of capacity for design and construction of expansion facilities so that these expansion facilities will be operational prior to reaching 100 percent of capacity; and WHEREAS, lack of federal funding is causing the City of Englewood to consider strict tap allocation programs for the districts it serves which will make it virtually impossible for many of the districts to meet their bonding requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the Congress of the United States realize the 1mportance of meeting wastewater treatment requirements as promulgated by Congress and EPA. Section 2. That adequate funding be provided at the federal level to provide for proper planning, design, and construction of wastewater treatment facilities. Section 3. That the Region 8 Office of the Environmental Protection Agency is therefore urged to make available federal funding for expansion of the Bi-City Treatment Plant so that additional capacity will be available before the plant is at 100 percent capacity. ADOPTED AND APPROVED this 5th day of November, 1979. Mayor Attest: Deputy C1ty Clerk I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, hereby certify that the above is a true, accurate, and complete copy of Resolution No. , Series of 1979. Janice L. Watk1ns • I • • ~l o ____ ,., - - c ( • • • RESOLUTION No.;/~ SERIES OF 1979 • • • YUt.lri. d . t1 t1 />J tr _· .. ~~ l.AJc..b_-n 7h A RESOLUTION REQUESTING THE WATER QUALITY CONTROL COMMISS ION OF THE DEPARTMENT OF HEALTH TO FORTHWITH FINALIZE THE STREAM CLASSIFICATION AND DISCHARGE REQUIREMENTS FOR THE DISCHARGE OF TREATED SEWAGE EFFLUENT. WHEREAS, the Littleton-Englewood Bi-City Wastewater Treat- ment Plant is at 80 percent operating capacity and design must begin for second-phase construction; and WHEREAS, design cannot logically proceed without d e fini t e indications of what the stream classification and the permit requirements will be; and WHEREAS, the State Water Quality Control Commission has had considerable delay in providing these criteria so that design and construction could proceed in a timely and rational manner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Department of and discharge effluent. That the Water Quality Control Commission of the Health forthwith finalize the stream classification requirements for the discharge of treated sewage ADOPTED AND APPROVED this 5th day of November, 1979. Attest: Mayor Deputy C~ty Clerk I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, hereby certify that the above is a true , accurate, and complete copy of Resolution No. , Serie s of 1979. Jan~ce L. Watk~ns I • ...... ...... c • • • • • • RESOLUTION NO. ____ __ SERIES OF 1979 7h A RESOLUTION REQUESTING THE WATER QUALITY CONTROL COMMISSION OF THE DEPARTMENT OF HEALTH TO FORTHWITH FINALIZE THE STREAM CLASSIFICATION AND DISCHARGE REQUIREMENTS FOR THE DISCHARGE OF TREATED SEWAGE EFFLUENT. WHEREAS, the Littleton-Englewood Bi-City Wastewater Treat- ment Plant is at 80 percent operating capacity and design must begin for second-phase construction; and WHEREAS, design cannot logically proceed without definite indications of what the stream classification and the permit requirements will be; and WHEREAS, the State Water Quality Control Commission has had considerable delay in providing these criteria so that design and construction could proceed in a timely and rational manner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Department of and discharge effluent. That the Water Quality Control Commission of the Health forthwith finalize the stream classification requirements for the discharge of treated sewage ADOPTED AND APPROVED this 5th day of November, 1979. Attest: Mayor Deputy City Clerk I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, hereby certify that the above is a true, accurate, and complete copy of Resolution No. , Series of 1979. Janice L. Watkins I • - • • • ,· • • • RESOLUTION NO. 7h SERIES OF 1979 ____ __ A RESOLUTION REQUESTING THE WATER QUALITY CONTROL COMMISSION OF THE DEPARTMENT OF HEALTH TO FORTHWITH FINALIZE THE STREAM CLASSIFICATION AND DISCHARGE REQUIREMENTS FOR THE DISCHARGE OF TREATED SEWAGE EFFLUENT. WHEREAS, the Littleton-Englewood Bi-City Wastewater Treat- ment Plant is at 80 percent operating capacity and design must begin for second-phase construction~ and WHEREAS, design cannot logically proceed without definite indications of what the stream classification and the permit requirements will be~ and WHEREAS, the State Water Quality Control Commission has had considerable delay in providing these criteria so that design and construction could proceed in a timely and rational manner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Department of and discharge effluent. That the Water Quality Control Commission of the Health forthwith finalize the stream classification requirements for the discharge of treated sewage ADOPTED AND APPROVED this 5th day of November, 1979. Attest: Mayor Deputy C~ty Clerk I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, hereby certify that the above is a true, accurate, and complete copy of Resolution No. , Series of 1979. Janice L. Watkins • J I • • - ( ( • • • RESOLUTION NO. ____ __ SERIES OF 1979 7h A RESOLUTION REQUESTING THE WATER QUALITY CONTROL COMMISSION OF THE DEPARTMENT OF HEALTH TO FORTHWITH FINALIZE THE STREAM CLASSIFICATION AND DISCHARGE REQUIREMENTS FOR THE DISCHARGE OF TREATED SEWAGE EFFLUENT. WHEREAS, the Littleton-Englewood Bi-City Wastewater Treat- ment Plant is at 80 percent operating capacity and design must begin for second-phase construction; and WHEREAS, design cannot logically proceed without definite indications of what the stream classification and the permit requirements will be; and WHEREAS, the State Water Quality Control Commission has had considerable delay in providing these criteria so that design and construction could proceed in a timely and rational manner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Department of and di•charge effluent. That the Water Quality Control Commission of the Health forthwith finalize the stream classification requirements for the discharge of treated sewage ADOPTED AND APPROVED this 5th day of November, 1979. Attest: Mayor Deputy City Clerk I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, hereby certify that the above is a true, accurate, and complete copy of Resolution No. , Series of 1979 . Jan1ce L. Watk1ns • I • - • ( • • • • A5.7~ v ,~:/:.- !~~"}~?-, , .. . WHEREAS, the citizens of Englewood, Colorado, have indicated a desire to join the Optimist Club of Englewood in expressing appreciation and approval of the contributions of the youth of our community; and . WHEREAS, the vast majority of the youth are well informed, concerned, willing and interested in becoming involved in efforts to improve our society and are accepting fulfilling roles ~s responsible citizens; and WHEREAS, Optimist International has, since 1954, developed and promoted a program entitled '"Youth Appreciation Week" to bring about recognition of the positive actions and contributions of our young people. NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of the City of Englewood, Colorado, am pleased to proclaim the second week of November as YOUTH APPRECIATION WEEK in the City of Englewood. By thi s action, let it be known that we have faith in the ability of today's youth as they assume responsible roles in the future of mank1nd. GIVEN under my hand and s a al this 5th day of November, 1979 • • I • • - - • • • 7 J WHEREAS, the citizens of Englewood, Colorado, have indicated a desire to join the Optimist Club of Englewood in expressing appreciation and approval of the contributions of the youth of our community; and WHEREAS, the vast majority of the youth are well informed, concerned, willing and interested in becoming involved in efforts to improve our society and are accepting fulfilling roles as responsible citizens; and WHEREAS, Optimist International has, since 1954, developed and promoted a program entitled ''Youth Appreciation Week" to bring about recognition of the positive actions and contributions of our young people. NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of the City of Englewood, Colorado, am pleased to proclaim the second week of November as YOUTH APPRECIATION WEEK in the City of Englewood. By this action, let it be known that we have faith in the ability of today's youth as they assume responsible roles in the future of mankind. GIVEN under my hand and s~al this 5th day of November, 1979. Mayor I • • - - • • • • WHEREAS, new easy-to-read translations and electronic aids give us unprecedented opportunity to overcome the appalling ignorance of the Bible, the "Pou·tdation Book" of our free, democratic system; and WHEREAS, the Laymen's National Bible Committee has developed an exciting media campaign to promote Bible reading and study, particularly among young people; and WHEREAS, hundreds of chur~hes and synagogues, civic clubs, youth organizations, libraries, book stores, the Armed Forces chaplains, and governmental leaders are participating in this nonsectarian campaign. NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of the City of Englewood, Colorado, do hereby p~oclftim November 18 -25, 1979 as BIBLE W.::EK in the City of Englewood and urge participation in this important observance by reading the Bible and developing a study program to become familiar with its teachings and principles. 1979. GIVEN under my hand and s.:al this 5th day of November, I • • - - • • • • 7 J ,_~ WHEREAS, new easy-to-read translations and electronic aids give us unprecedented opportunity to overcome the appalling ignorance of the Bible, the "Foutdation Book" of our free, democratic system; and WHEREAS, the Laymen's National Bible Committee has developed an exciting media campaign to promote Bible reading and study, particularly among young people; and WHEREAS, hundreds of chur~hes and synagogues, civic clubs, youth organizations, libraries, book stores, the Armed Forces chaplains, and governmental leaders are participating in this nonsectarian campaign. NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of the City of Englewood, Colorado, do hereby p~oclaim November 18 -25, 1979 as BIBLE W.::EK in the City of Englewood and urge participation in this important observance by reading the Bible and developing a study program to become familiar with its teachings and principles. 1979. GIVEN under my hand and S<!al this 5th day of November, Mayor I • • - - r • • • • WHEREAS, surgery today is highly technical, sophisticated and exacting: and WHEREAS, the registered nurse, in the operating room, is highly skilled in protecting the sterile environment and caring for delicate, complicated surgical equipment: and WHEREAS, the surgical patient experiences a major crisis in his life and needs expert care for his mind and spirit au well as his body: and WHEREAS, the registered nurse is proficient in allaying a patient's fears, preparing him for what will happen during surgery and how he will feel afterward, and understanding him as a total person: and WHEREAS, there are 15,000 members of the National Association of Operating Room Nurses, 300 members belonging to the local chapter, many of whom are employed and reside in the City of Englewood. NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of the City of Englewood, Colorado, proclaim that November 14, 1979 is OPERATING ROOM NURSE DAY dedicated to the recognition of the nation's registered nurses who practice in the operating room. GIVEN under my hand and seal this 5th day of November, 1979. I • • ----------------~ - • • ;. I / • / '. ; • • • IN 'TifE DISTRICT COrR: r :; A.'l? FOR THE 1 L .. COUNTY OF ARAPAHOE STATE OF COLORADO Civil Action ~o. 33297, Division 1 JOHN J . LITTLF.HOR.'I, JR. , and MARIE 0. LITTLEHORN, Plaintiffs and Petitioners, v. ) ) ) ) ) ) ) CITY OF ENGLEWOOD : JA.'!ES L. TAYLOR, ) DAVID B. CLAYTO!l, HOWARD R. BROI.~, ) DOUGLAS T. SOVERN, VER.'I MA.'IH, DONALD ) L. R. SMITH and DONALD W. WILLIAMS, as ) memhe~s of the City Council thereof ; ) JUDITH PIERSON, MARTIN LATIIROP, LARRY ) OWENS, CHALMERS£ PARKER, DONALD L. R. ) SMITI!, EDDIE TANGUMA, JR., MAE WADE, ) DONALD WILLIAMS and EDWAR.ll DRAPER, as ) members of the Planning and Zoning ) Coaniuion thereof; IJ. KELLY OLIVER, ) H. J. BEVIER, VIRGINIA !lAWSON, JOHN ) DElLING, ROBERT S. U:ONAR:l and :xlliALD ) D. SEYMOUR, aa members of the Board of ) Adjus~ent and Appeals thereof; ) WILLIAM R. JACKSON; JAMES W. JACKSON; ) SEVENTH DAY ADVENTIST ASSOCIATIO!I OF ) COLORADO; MIDWEST REAL ESTATE -EXCHANGE,) INC. ; and ROSA LEE BANKS, ) Defendants and Respondents. ) ) FL"'DINGS, COliCLUSIOliS ~lD JUDGMENT THIS HATTER comes before the Court on the Amended Petition of Petitioners under Rule 106, C .R.C.P ., for judicial review of the actio~a of Board of Adjustment &ld Appeals, the City Planning and Zo n ing Commission and City Council of Respondent City of Englewood. The Court has :.-evie>~ed the file h"rein and the record certified to t ':: Court b :• Respondents and has considered the arguments of couns.:ll, and being fully advised finds as follows :. l . On or about Au~;ust 18 , 1977, Petitioners filed t b o'· appli:al:ion with Respondent City of Englewood ("City") for the n:zvn in". of certain properties loca cc<l at 1250-1296 !Jest Qutncy Avenue in che City of En:;le~<ood . The application sousht rczon i n~; of the property . .' I I • - ; / • I I / • • ·; ,. 1 -2- I ,/ • • • from &one district R-1-C "dngle family residence" to R-2-C "medium density reaic!ence ." The application -predicated the re&oning request on the srounds that : A. The property as presently &oned was not useable for single family residence due to the lack of suitable access; B. The property adjoinad a light industrial zone; C. Re&oning would provide a better "buffer &one" between residential and industrial uses; D. It would be too risky to build sin&le family residences close to the industrial site; and E. There was a demand and need for R-2-C &oning in the city. 2. The Department of Co~ity Development of Respondent City recommended approval of the re&oning request on the bases that : A. The re&oning would be compatible with the intent of the comprehensive plan; B. The R-2-C area. would serve as a buffer between the light industrial area to the vest and the single family residence district to C. The increase in density would make the area more financially feasible for development in view of the necessity of having •• to provide internal access to the units. 3 . A hearing was held before the City Planning and Zoning C011111ission ("Co111111ission") on September 20, 1977, at which the staff report was presented and s tatements unde r oath received from the app li .:c:1c · ,: other interested persons in attendance . At the conclusion of the hearing the Collltlission adopted a motion to deny the -rezoning 01pplication . f.ub - sequently on October 4, 1977, the Commission approved findings of ~-cL and recommendation in connection .-ith the rc~oning request "'hich r .. <:M""'''''''''' to the City Cou ncil that Pct!t :.on crs' rezoning request be dcnicll . • ... .. :.: ~ :' ~·: :· - ·-., I i jl I • r i . • .'t :; ·=~:· p . ~=· . . . ' I. ~ .. '·'~~ '• ,., •. • • - I / • -· • • • -3- 4. On October 3, 1977, Pet i tioners appeared before the City Council of the City of Engl~wood ("Council") indicating that they requested that Council review the dec ~sion and recommendations of the Commission and requesting that Council hear the matter. On that date Council a dopted a motion to postpone cons ideration of the reque st unt i l Council's next meeting. S. On October 17, 1977, Council met and after discussion approved and adopted a motion to approve the Commission's recommendations and to deny Petitioners' rezoning request without further hearing . At the October 17th meeting of Council Petitioners renewed their requests for a hearing beofre City Council in connection with their application . No testimony or evidence was received or considered by Council and no written decision was entered by Council containin& any findings of fact or conclusions or any other factual bases or reasons for its decision. 6. On September 14, 1977, tha Board of Adjuatment and Appeals of the City ("Board") conducted· a hearina on the application of Petitioners for variance to reduce the aintmum lot sizes pertaining to their property from the requisite aiz thouaand square feet to an allowed fifty-one hundred square feet. At the hearing before the Board testimony under oath was taken and received from applicant and other parties in interest. 7. At the conclusion of the h e aring a motion to allow the variance was ma de and s econded, but fa i led to pass after two affirmative votes and five negative vote s were recorded . 8. The !lo ar d failed to ent•or any written decision cc •"' ··- any findings of fact or conclusions or other factual bases and reasons for its decision . 9. Section 58 of Part II of the Home Rule Charter of t he City provides in part (with r ~s~ect to t he ~ctions of the Co~i••i o n on applications for ame ndments, r.~od ifi cat i ons or revis ions o f ::on ing I I . ...... : ..... . .:. ~!· .. ~-· ..... • ;,1_. .,~,"!;,' < 't -. ' ·:· .. 'f·-.,.. ; . II \ ,. . I I ·.· .-· , . I • • - / ·~ • • I I ./ ' I • I f ; • • • -4- ordinances) that •: ..• the recOIIIDendations of the Co-iaaion shall not be binding on the Council ... " 10. Section 60 of Part III of eaid Home Rule Charter provides in part that the Board shall keep minutea of ita proceedings, abow the vote tal:en and keep records of ita examinationa and other official actions and further provides that " ..• findings and decisions of the Board shall be final subject only to judicial review ... " (!.phasis supplied) 11. Section 1-7-3 of the Municipal Code of the City of ED&lewnod provides that hearing before Council on ordinances which zone or rezone realty are considered as quasi-judicial hearinga. Section 1-7-7 of the Municipal Code aets forth the requisites for quasi-judicial hearinn requiring a "written decision by the hearing body which shall aet forth the factual bases and reasons for the decision rendered." Section 1-7-7 further provides that in all quasi-judicial hearings a atenog~aphic or other verbatim reproduction of all testimony presented in eaid hearing be made. 12. No steDOgraphic or other verbatta reproduction of all teatlmony preaented before the Commiasion vas made in connection with the hearing held by it, nor did Council enter any written decision herein aetting forth the factual bases and reasons for ita decision denying Petitioners' request for hearing and affiraing the Comm i ssion's recommendationa . Upon the foregoing the Court concludes as follows : 1 . The determinat i on made hy Council i n af.firmin: •·!·~ Commission's recOIIIDendation to deny Petitioners' applied for rezoning constituted a quasi-judicial ~ct . Snyder v . City of Lakewood, 542 P .2d 371 . .. , ~ ... . -~. .. t: ·. .~ ·;· ' ' ~ '\ ... · ,, :· . : ~ · . . ' ~ . ... ·., I • • - / / f ! ·. / / • • • -5- 2. Petitioners were entitled to a hearing before Council prior to the exercise by Co4ncil of its quasi-judicial power to deny Petitioners' applied for rezoning in accordance with applicable provisions of the ordinances of the City of Englewood set forth in Section l-7-l, et. aeq., of the Municipal Code of said City. 3 . Petitioners are entitled to and were denied the opportunity to present evidence and arguments in support of their applied for rezoning before Council and were entitled to the written decision of Council setting forth sufficient findings of fact and concluaions and factual basea and reasons for Council's decision in order to afford the Petitioners the opportunity for meaningful judicial review of Council'a deciaion . 4. The actions of the Board in denying Petitioners' aought for variance was a quaai-judicial act pursuant to the applicable ordinances of the City (Section l-7-3(a)(2)) and Petitioners were entitled to a written decision by_ the Board setting forth the factual bases and reasons for the deciaion rendered sufficient to provide the. Petitioners with meaningful opportunity for judicial review thereof (l-7-7(a)(4)) •. 5. Petitioners vera denied such findings and decisions by the Board and were den i ed such hearing, findinga and decision by Council . The Reapondents urge the Court to construe the City's ordinances to require the conduct of a public hearing before Council on rezoning matters only in cases wh ere Council deteradnea to proceed with the adoption of a rezoning ordinance. Respondents argue that no public hearing i s required unless a r c?.oning ordinance is considered for adoption . They further argue thac pursuant to the provisions of Section 22 .3-4(c) an applicant for rezoning if dissatisfied with the recommendations and report of the Commission may appeal to the City Council to review such recO!llllendations and report . Their argument !.s that Council"" is only required to hold a public hearing in the event that it should determine to reverse the decisi on o f the Planning Co mm ission and proc e ed wi th the I f{l \I .. , .. ; ,.::~ ·x , .. , .. '"..,:-• .··: ~ ' ~ • .. .... -. ·~ .. .. , . . ~J .. ' :a; ·. -~ ' -,'• '\ • r ,_ .. ~ I ':"' .. ,' . .... :: ~~. ·, ·:. (·· ;_.t. ·' ' I • - I ./ I , I I / • • • • -6- conaideration of a rezoning ordinance. This interpretation of Council'a obligation places. the cart before the horae and rendera aamewhat redundant the purpose of a public hearing after Council has already made the decis i on to overrule the Commission . Further, auch a conatruction of city ordinances denies a party the right to hearing before that body that exercises the quasi-judicial power. It m•at be remembered that the Comcission possesses only the power to recommend changes in the zoning map or o_rdinance. By the Respondents' construction of city ordinances parties are effectively denied the right to be heard in connection with matters that directly affect their property intereata by the only body that possesses the power to act concerning such intereata . The Court ia of the opinion that Respondents' construction of city ordinances is in error; that the activity and actions of Council in denying Petitionera' application for rezoning are quasi-judicial in nature to be preceded by oppor~unity for hearing, for the preaentation of evidence and argument followed by written decision with appropriat. findiD4a and concluaiona sufficient to provide the opportunity for -insful judicial review, It is therefore the order and jud&ment of the Court that the Respondents have exceeded their jurisdiction and abused their ·discretion in the exercise of quasi-judicial functions and that the cause be remanded to the Board for the entry of a written decision containing the factual bas" a .tnrl reasons for the Board's decision in sufficient parti cular to afford Petit i on e r s ·.·Ti th a meaningful opportuni ty for judi cial review of such decision . I t i s further ordered that the cause be r emanded to the City Council of t he City of Englewood for the purpose of cor.ducting a hearing on Petitione rs' applica.tion for rezoning and the Coam i aaion' a recommendations in connection therewith for the purpose of allowing • .· . : ; ...... - · .. ··~'""! . ·~:·~· ~:~ ~: ·~- ~. a ~·-~.<·~ I .~ ·~• • • f. ~ "~'l ·":-. ~ .. ~r~!- ~ ~ . :· ;.· . :.,, .. r \ \ I • - / · .. ·.~. <:.. ·? •·-:. I I I / • ·, j ·t , l • • • . . . . . -7- Petitioner• ~e OPPortunity to preaent evidence and arsu-enta in aupport thereof end for tba .~try of a written deciaion aettin& forth tba factual baa .. ad reaaona for any deciaion to be atered by Council therein in aufficient _particular to afford Petitionera with a -in&ful opportunity for judicial reView of auch decidon . ENTERED thia ~of October , 1979 . BY THE COURT: Diatrict .Jud&e ' i' i I ' I I t i : t •. \ '· ... , .. I \ > ~ -:·· . \ ,. I 1·. · .. I . ,. I . . . ~ ~- I • - • ORDINANCE NO. J z......' SERIES OF 1979----- • • • BY AUTHORITY 8 A.4 COUNCIL BILL NO. 48 INTRODUCED BY ~ouncilman Williams AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADo, FOR THE FISCAL YEAR 1980. WHEREAS, pursuant to the provisions of Part I of Article X of the Charter of the City of Englewood, Colorado, adopted by the voters on July 8, 1958, a budget for the fis- cal year 1980 was duly submitted by the City Manager to the City Council on September 15, 1979; and WHEREAS, a public hearing on the said budget was held by the City Council within three weeks after its sub- mission at the meeting of the City Council on October 1, 1979, regular notice of the time and place of said hearing having been published within seven days after submission of the budget, in the manner provided in the Charter for the publication of ordinance; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADo, as follows: Section 1. That the budget of the City of Englewood, Colorado, for the fiscal year 1980, as submitted by the City Manager and duly considered by the City Council after public hearing be and hereby is adopted as the budget for the City of Engle-wood for the fiscal year 1980. Section 2. That the said budget as accpted shall be a public record in the Office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Introduced, read in full, and passed at first read-ing on the 15th day of October, 1979. Published as a bill for an ordinance on the 17th day of October, 1979. ----Read by title and passed on final reading on the day of , 1979. - I . - • ORDINANCE NO. ~ SERIES OF 1979 • • ,. • BY AUTHORITY 8 B COUNCIL BILL NO. 47 INTRODUCED BY Councilman Williams AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGIN- NING JANUARY 1, 1980 AND ENDING DECEMBER 31, 1980, CONSTI- TUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1980. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Englewood, Colorado, as follows: S~ction 1. That there be and there is hereby appropriated from the revenue deriving from taxation in the City of Englewood, Colorado, from collection of licenses fees and from all other sources of revenue during the year beginning January 1, 1980 and ending December 31, 1980, the amounts hereinafter set forth for the object and purpose specified and set opposite thereto, specifically as follows; to wit : Legislation and Council Municipal Court Administration Public Works Fire Police Community Development Library Parks and Recreation Total General Fund Public Improvement Fund Construction of Major Capital Projects Water Enterprise Fund Total Water Enterprise Fund Sewer Enterprise Fund Total Sewer Enterprise Fund $ 317.721 199.707 1,116,910 2,037,592 2,371,084 2,753,217 448,894 380,024 1,689,520 11,314,669 §1,554,765 _$2. 868.632 §4,603,937 - I . - • • • • • • - 2 - Golf Course Fund Total Golf Course Fund $ 268,438 GRAND TOTAL $20,610,441 Section 2. The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated, but shall not be construed to be approprations to line items within any groups, even though such line items may be set forth as the adopted budget for the fiscal year 1980. Section 3. All monies in the hands of the Director of Finance, or to come into his hands for the fiscal year 1980, may be applied on the outstanding claims now due or to become due in the said fiscal year of 1980. Section 4. All unappropriated monies that may come into the hands of the Director of Finance during the year 1980 may be so distributed among the respective funds herein as the City Council may deem best under such control as is provided by law. Section 5. During or at the close of the fiscal year of 1979, any surplus money in any of the respective funds, after all claims for 1979 against the same have been paid, may be dis- tributed to any other fund or funds at the discretion of the City Council. on the Introduced, read in full, and passed on first reading 15th day of October , 1979. day of Published as a bill for an ordinance on the 17th October , 1979. Read by title and passed on final reading on the ______ day of , 1979. • I • • • • • ORDINANCE NO. J z,/ SERIES OF 1979-- • • • BY AUTHORITY COUNCIL BILL NO. 48 INTRODUCED BY Councilman Williams AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1980. WHEREAS, pursuant to the provisions of Part I of Article X of the Charter of the City of Englewood, Colorado, adopted by the voters on July 8, 1958, a budget for the fis- cal year 1980 was duly submitted by the City Manager to the City Council on September 15, 1979; and WHEREAS, a public hearing on the said budget was held by the City Council within three weeks after its sub- mission at the meeting of the City Council on October 1, 1979, regular notice of the time and place of said hearing having been published within seven days after submission of the budget, in the manner provided in the Charter for the publication of ordinance; and NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the budget of the City of Englewood, Colorado, for the fiscal year 1980, as submitted by the City Manager and duly considered by the City Council after public hearing be and hereby is adopted as the budget for the City of Engle- wood for the fiscal year 1980. Section 2. That the said budget as accpted shall be a public record in the Office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Introduced, read in full, and passed at first read- ing on the 15th day of October, 1979. Published as a bill for an ordinance on the 17th day of October, 1979. Read by title and passed on final reading on the ____ day of , 1979 • • I . • - - • • • • • - 2 - Published by title as Ordinance No. Series of 1979, on the day of ---------1979. Mayor ATTEST: Deputy City Clerk I, Janice L. Watkins, Deputy City Clerk for the City of Englewood, do hereby certify that the above and foregoing is a true, accurate and complete copy of Ordinance No. Series of 1979, passed by the Englewood City Council on the ___ day of , 1979. Deputy City Clerk • I . • - • • • • • • - 3 - Published by title as Ordinance No. Series of 1979, on the day of __ ---------------1979. Mayor ATTEST: Deputy City Clerk I, Janice L. Watkins, Deputy City Clerk for the City of Englewood, do hereby certify that the above and foregoing is a true, accurate and complete copy of Ordinance No. Series of 1979, passed by the Englewood City Council on the ____ day of , 1979. Deputy City Clerk • I . • - • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT October 22, 1979 8 c Encroachment Procedure INITIATED BY Department of Community Development~~ , ACTION PROPOSED Authorize administrative approval of encroach ment requests that do not involve non-movable structures in the public right-of-way. iNTROWCTION: Most requests for encroachment into the public right-of-way concern the installation of fences, retaining walls, awnings, canopies or marquees and the approval has been rather automatic if the staff has found no problems with the proposed installation. This issue was raised in a memorandum dated May 30, 1979, from the Director of Community Development to the City Manager, and in a memorandum dated June 5, 1979 the City Manager directed the staff to develop a policy to present to City Council which would provide for administrative review and approval of the afore- aentioned cases. The Planning Division staff has worked with other concerned departments and the City Attorney and bas developed guidelines pertaining to the administrative approval of these encroachment requests and a form for an Encroachment Permit and Indemnity Agreement. The only items which are proposed to be approved administratively are fences, retaining walls, awnings, canopies and marquees. These items would be approved only if they comply with the guidelines and after review by all of the conce rned departments , and approval by both t he Director of Communit y Deve lopment and the Director of Public Works • CONCLUSION AND RECOMMENDATION : If approved by the City Council, t h e a t tached Guidelines will ·give direction to t he sta ff in considering encroachme nt requests as they pertain to fences, retaining walls, awnings, canopies and marquees. The Encroachment Permit and Indemnity Agreement will protect the Ci ty should it be necessary to have the installation removed or relocated, and will insure review by Public Works and Community Development. It is recommended that the City Council assign this responsibilit y to the above Departments and adopt a policy relating to the administrative review of these encroachmen t requests • • I • • • <.' • • • • GUIDELINES PERTAINING TO ADMINISTRATIVE APPROVAL OF CERTAIN ENCROACHMENT REQUESTS A request to install a fence, retaining wall, awning, canopy or •arquee which would encroach into the public right-of-way may be approved by the Director of C~nity Development and Director of Public Works subject to the following conditions : 1. The property owner(s) shall sign the Encroach~nt Permit and Inde.nity Agreeaent. 2. Fences and Retaining Walla: a. Shall be installed no less than twelve (12) inches behind the sidewalk. b. Shall be installed in ca.pliance with all other re- quira.ents of applicable City codes and ordinances, i.e., as to height, type, view obstruction, etc. c. Shall be adjacent to a street which baa been in a paving district progr .. and which is not designated in the Master Street Plan as one which will be widened or otherwise upgraded. 3. Cantilevered Awniqa, Canopies, and Marquees: a. Shall not project within five (5) feet of the back of the curb. b. Shall not have less than eight (8) foot clearance fro. the botta. of the awniq, canopy or .. rquee structure to the sidewalk. c. Shall be in ca.pliance with all other applicable codes and ordinances. All other encroacbaent requests shall be considered by the City Council after having received a staff report thereon. 9/25/79 I . • - • • • • • ,. • '1l.l !:i .·H .. Jtl:.L LZ\'!. n::d dC til l !:> U.1 y o t LJ l>cncen l.h e C lTY OF E!o.GLEWOO D , COLOR.UIO , a IUU il l Cl pal col po r a t.1on , u d the u wner s o l c er ta1.n p :1 r c c.:l o J real p l peJ."l l-l e a lly dcs- t;J."J l ,<.·d OJ S: a u t! commonly k n o \l.n ~s : The Cit y o 1 Engl e wood, Colo J'ado, t'~re b y g rants t o sa1d :>wne rs of sa1.d pro pe r t y at t he "-1 o red..?:... rJ..' t C l o cation per- missl.on t.o: The a!orc saJ.d p roperty owne rs and 1hei1 h eirs a n d a ssigns uuderstand an~ a ~J ·~c l h 3t: 1. T h i s pcruussJon 1s r < .. VOc:J.blc .1\. w1ll a nd "'l.l !l out cause by t.he C1ty of Eng lewood, Colorado ~·1thout. hcar1ng and Wltbout not1ce ot he r t h an Notice of Re v n.c:P.!.l D. 2. Th e p rope rty o~'ne r s shall r e move said structure (s) !rom the public right-of-way withln thirty (30) days after rec e1ving Notice o1 Revocation by persoz,al service or cer- tified aail. 3. That said property owners are estopped t o deny the ri&ht of the City oi Enslewood, Colorad'l, to revoke this En- croachment Permit or to deny the prope ~~Y J i~hts ol s~id City. 4. That said property owners agree to reimburse and in- demnify the City of Englewood, Colorado, for all necessary ex- penses of whatever nature that aay be incurred in revoking tbis Permit, re.av1ng the structure(&) placed in the public right- of-wa y, or any ot.her expense as a result of granting the En- croachment Permit. 5 . That the said property owners sh.-11 maint..-in insurance cove rage sufficient to satisfy any liability ar1sin~ 3 5 a re- sult o f t.b is Enc roachment Permit and Indemn1ty Agreemen t, and t.he Clty of Englewood shall be held harmless Jrom any and all l~abilities arising Jrom this action. 6 . This agreement shall inure to "the benefit of ood be b inding upon the heirs, executors, admin istrators , ass1gns, and successors of' the respective parti?"!. JN VOTNESS WHEREOF, the parties have s e t the ir hands and seal s the d ay and y ear first a bo v e Wrl "..t.en. Al t e st: C t ty Cl e r k CITY m' EKGLEWOOD , COLORADO a lllUDlC1pa"';. co r ?(>ration By ____ "';-::c:--------- ;. ~\ytJ .. B y-;;::-:::== 01r ect or of l'u b l1 c Wo r k s By •o;:,c:,.:-:e;-:c:-;t:-:o:-:r:-:o::-J..--;~"'· ""':='llll=cu::-n=l '"'t '"'y--..0.~• n._~ lo prue n t 0...Jh .. J 0\o.lh•J' I • - \ ,. • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT October 18, 1979 <JD Firearms Training Facility INITIATED BY Robert R. Holmes, Chief of Police ACTION PROPOSED Adoption of Resolution Supporting the Construction of a Firearms Training Facility on the Spring Gulch Land INT"RODUCTION The purpose of this communication is to request adoption of a resolution supporting the use of the Spring Gulch land to construct a firearms training facility for the law enforcement agencies of Arapahoe County. For several years, the law enforcement agencies of Arapahoe County have been using -the firearms training facility which belonged to Englewood. A few months ago, this range -s closed and the land used for other purposes. This has left all of the law enforcement agencies in Arapahoe County, with the exception of Aurora, virtually without an adequate firearms training facility. This .brings about a very serious problem when one considers the responsibility and liability that goes along with a law enforceaent officer carrying a firearm . Last April, the chiefs of police and the sheriff jointly submitted a proposal to the Colorado Division of Parks and Outdoor Recreation requesting the use of the Spring Gulch land to build a firearms range. At that time, the Board took the proposal under consideration. In .June, another meeting was held with the Board; and at that time, they gave approval for use of the Spring Gulch property. However, that approval was declared invalid by the State Attorney ·General's Office because the Board did not have a sufficient number of members present to legally take action. After that meeting, the Colorado Open Land Foundation presented opposition to the use of this land for the purpose of building a firearms range. As a result of this opposition, several other alternate sites have been considered and have been found to be unworkable for various reasons. we have contacted the Division of Parks and Outdoor Recreation and asked that they reconsider our request. A public hearing before the Division of Parks and Outdoor Recreation Board has been set for November 14, 1979, at 7:30 P.M. All other entities in Arapahoe County have been contacted and they have all indicated they will be adopting resulutions similar to the one being presented here. • I • - • • • • • FINANCIAL DETAILS The estimated cost of building the facility will be $100,000. A grant from the Law Enforcement Assistance Administration in the amount of $40,000 has been approved. The remaining $60,000 will come from the various participating entities in Arapahoe County, and the cost per each entity is based on the number of officers within their respective departments. The cost for the City of Englewood is estimated to be $13,000 . This amount is part of the proposed 1980 P.I.F. budget. LEGAL OPINION It does not appear to be necessary to have a legal opuu.on at this time. After we have been granted the use of the Spring Gulch area to construct the facility, necessary contract~ and other legal procedures will be submitted to the City Attorney for his review. CONFLICTS/COMPLICATIONS There are several items to consider in this area: 1. A police officer who does not receive ongoing firearms training presents a potential hazard to the community he serves, along with the possibility of serious law suits being brought about in situations where an inadequately trained police officer uses his firearm. 2. 'I'bere are approximately 400 law enforcement officers in Arapahoe County who are without a firearms training facility. 3. There are other sites where a firearms range could be constructed; however, they are so remotely located it is not feasible to consider them. 4. The Colorado Open Land Foundation has presented opposition to building the facility in the Spring Gulch area.. and feels it could be put to better uses. 5. Some concern has been expressed by people in the surrounding areas relating to their safety. We have been able to show that due to the terrain and the design of the range, it will be completely safe. CONCLUSIONS AND RECOMMENDATIONS All of the Police Chiefs and the Sheriff of Ara~ County have worked together to design a range that would adequately serve the law enforce.ent needs of Arapahoe County for many future years. Also, by consa.lidating in this effort, and having been able to acquire a grant from the Law Enforcement Assistance Administration , there will be a tremendous cost savings to all entities involved. FurthenK~re, all possible alternative sites have been considered and none have been found to be feasible. 'I'berefore, it is recommended that the Englewood City Council approve the resolution supporting the use of the Spring Gulch land to construct a firearms training facility • SUGGESTED ACTION: MOVED BY------------~------------ SECOND ________________________ ___ YES ______ ~NO ______ ~ABSENT __________________________________ __ I • - • • • RESOLUTION NO . SERIES OF 1979-- • • • A RESOLUTION OF THE CITY OF ENGLEWOOD , COLORADO, REQUESTING THE USE OF STATE LAND FOR PURPOSES OF CONSTRUCTING A FIREARMS TRAINING FACILITY FOR LAW ENFORCEMENT AGENCIES OF ARAPAHOE COUNTY. WHEREAS, local jurisdictions within Arapahoe County are faced with serious legal implications if law enforcement officers are not properly trained in the use of weapons ; and WHEREAS, law enforcement agencies in Arapahoe County have depended upon the City of Englewood's firearms training facility, which was closed in June of 1979, in the past; and WHEREAS, a contingent of law enforcement agencies has undertaken a site search study and have found 100 acres of property in Douglas County known as Spring Gulch and owned by the State of Colorado, Division of Parks and Outdoor Recreation; and WHEREAS, law enforcement officials have contacted the Division of Parks and Outdoor Recreation and received tentative approval for use of said property as a new firearms training facility to be constructed jointly by the local agencies and LEAA funds; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Englewood, Colorado, that the City of Englewood is sup- portive of a joint use firearms training facility in the area known as Spring Gulch and urges the Division of Parks and Outdoor Recreation to give final approval for such a facility at the Spring Gulch location in Douglas County. ADOPTED AND APPROVED this __ day of November, 1979. Mayor ATTEST: Deputy City Clerk I, Janice L. Watkins, Deputy City Clerk, for the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate, and complete copy of Resolution No. , Series of 1979, passed by the City Council of the City-Dr"Englewood on the __ day of November, 1979 . Deputy City Clerk • I . - ( • • • • TO: FROM: ~TE: Mayor Taylor and Members of City Council Andy McCown, City Manager November 1, 1979 SUBJECT: Appointment of Building Code Review Committee At the regular Council meeting on October 15, 1979, City Council adopted a motion to establish a Building Code Review Committee and to follow the process outlined in Mr. Wanush's memorandum dated September 17, 1979. The staff has been actively seeking citizens and contractors who would be willing to serve on this committee. We have not received an adequate response from the citizens and contractors to submit a list of interested people to City Council at this point in time, and therefore request Council delay establishing the Building Code Review Committee until the November 19th /J,~j;z::•ting ~w; COWN City Manager AM/sb • I . - • • • • • BY AU THOR I TY ORDINANCE NO. SERIES OF 1979 COUN CIL BILL NO. 4 7 INTRODUCED BY ~,~~ A BI LL FOR AN ORDINANCE APPROPRIATING HON IE FOR ALL MU NICIPAL P RP E IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FI SCAL YEAR BE GI N- NINING JANUARY 1, 1980 AND ENDING DECEMBER 3 1, 1980, CONST I - TUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FO R THE FISCAL YEAR 1980. NOW, THEREFORE, BE IT ORDAINED by the Ci y Counci l of the City of Englewood, Colorado, as follows: Section l. That there be and there is hereby appropriated f rom the revenue deriving from taxation in the City of Eng l ewood, Colorado, from collection of licenses fees and from a ll other sources of revenue during the year beginning January 1, 1980 and ending December 31, 1980, the amounts hereinafter set forth for the object and purpose specified and set o pposite thereto, specifically as follows; to wit: Legislation and Council Municipal Court Administration Public Works Fire Police Community Development Library Parks and Recreation Total General Fund Public Improv ement Fund Construction of Ma jor Cap i ta l Proj ects Water Enterprise Fund Total Water Enterprise Fund Sewer Enterprise Fund Total Sewer Enterprise Fund $ 317,721 199 ,707 1,116,9 10 2,037,592 2,371,084 2,753,217 448,894 380,024 1,689,520 $1,314,669 $1,554,765 $2,868,632 $4,603,93 7 I • • - • • • • • • -2 - Golf Course Fund Total Golf Course Fund ~ 268,438 GRAND TOTAL $20,610,441 Section 2. The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated, but shall not be construed to be approprations to line items within any groups, even though such line items may be set forth as the adopted budget for the fiscal year 1980. Section 3. All monies in the hands of the Director of Finance. or to come into his hands for the fiscal year 1980, may be applied on the outstanding claims now due or to become due in the said fiscal year of 1980. Section 4. All unappropriated monies that may come into the hands of the Director of Finance during the year 1980 may be so distributed among the respective funds herein as the City Council may deem best under such control as is provided by law. Section 5. During or at the close of the fiscal year of 1979, any surplus money in any of the respective funds, after all claims for 1979 against the same have been paid, may be dis- tributed to any other fund or funds at the discretion of the City Council. Introduced, read in full, and passed on first reading on the ---· day of , 1979. Published as a bill for an ordinance on the ___ _ day of --------• 1979. Mayor ATTEST: Deputy City Clerk - I • • - - f • • • • • • -3 - I, Janice L. Watkins, Deputy City Clerk, for the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of a bill for an ordinance passed on first reading on the ____ day of , 1979. Deputy City Clerk I . - • • • • • • • • ORDINANCE NO. SERIES OF 1979-- BY AUTHORITY A BILL FOR COUNCIL BILL NO. 48 INTRODUCED BY 0-f ;,/ 1 ./ a..-1'}1& .( AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1980. WHEREAS, pursuant to the provisions of Part I of Article X of the Charter of the City of Englewood, Colorado, adopted by the voters on July 8, 1958, a budget for the fis- cal year 1980 was duly submitted by the City Manager to the City Council on September 15, 1979; and WHEREAS, a public hearing on the said budget was held by the City Council within three weeks after its sub- mission at the meeting of the City Council on October 1, 1979, regular notice of the time and place of said hearing having been published within seven days after submission of the budget, in the manner provided in the Charter for the publication of ordinance; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TilE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the budget of the Ci~y of Englewood, Colorado, for the fiscal year 1980, as submitted by the City Manager and duly considered by the City Council after public hearing be and hereby is adopted as the budget for the City of Englewood for the fiscal year 1980. Sectio 2. That the said budget as accepted shall be a public record in the Office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Introduced, read in full, and passed at first read- ing on the day of , 1979. day of Published as a bill for an ordinance on the _____ __ -----------------· 1979. Mayor • I • - - • • • ; • • • - 2 - ATTEST: Deputy City Clerk I, Janice L. Watkins, Deputy City Clerk, for the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of a bill for an ordinance passed by the City Council of the City of Englewood, Colorado, on the day of 1979. ------------------ Deputy City Clerk • I • - • ORDINANCE NO. SERIES OF 197~9----- • • • BY AUTHORITY COUNCIL PILL NO. 42 INTRODUCI:'D BY COUNCILMAN CLAYTON AN ORDINANCE APPROVING AGREEMENT BETWEEN CITY OF LITTLETON AND CITY OF ENGLEWOOD RELATING TO THE BI-CITY PLANT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. The following agreement between the City of Englewood, Colorado, and the City of Littleton, Colorado, be and the same is herey approved: AGREEMENT This Agreement entered into this ______ day of ______________ _ ,r 1979, by and between the City of Littleton, Colorado, a municipal corporation of the State of Colorado (hereinafter referred to as • ·~ittleton•) and City of Englewood, Colorado, a municipal corporation of the State of Colorado (hereinafter referred to as •Englewood•); WHEREAS, Littleton and Englewood are joint owners of th 0 Littleton Englewood Bi-City Sewer Plant located within the City of Englewood (hereinafter referred to as •Bi-City Plant•); and WHEREAS, Littleton and Englewood, by previous agreement, each own and are entitled to Fifty Percent (50\) of the operating cdpacity of said Bi-City Plant, which capacity is approximately equivalent to Fifty-six Thousand (56,000) single-family or equivalent sewer taps with Littleton being entitled to Twenty-eight Thousand ( 28,000); and I • - • • • ; • • • WHEREAS, at the present time Englewood is using i n excess of i ts Fifty Percent (50\} capacity of the Bi-City Plant and has sold additional sewer taps, which , when connected, will greatly exceed Englewood's share of said capacity; and WHEREAS, Englewood has directed that the old Englewood Sewer Plant be reactivated with an anticipated operation date of August, 1981 with a treatment capacity of 5 MGD, or approximately Fourteen Thousand (14,000} single-family or equivalent sewer taps; and WHEREAS, Englewood is desirous of using a portion of the remaining capacity of the Bi-City Plant until such time as the old Englewood Sewer Plant is on line and operational, at which time Littleton would receive a refund of any of its capacity used by 4J Englewood during the interveni ng period; and • • WHEREAS, upon activation of the old Englewood Sewer Plant, Englewood would be entitled to such capacity as provided by the B~-City Plant and the old Englewood Sewer Plant such as to guarantee Englewood sufficient capacity to provide for Forty -two Thous and (42,000} single-family or equivalent sewer taps, and Littleton would be entitled to Twenty-eight Thousand (28,000} single-family or equivalent taps • NOW, THEREFORE, IT IS AGREED by and between the parties hereto that: 1. For and in consideration of the mutual promises and covenants contained herein, Littleton agrees to allow Englewood the usage of capacity presently owned by Littleton in the Bi~city -2- I • • ~Jn - • • ; • • • Plant according to the schedule attached hereto marked as Ex hi b it A and incorporated herein by this reference. 2. In exchange for the use of a portion of Littleton's remaining capacity in the Bi-City Plant, Englewood agrees that: A. The old Englewood Sewer Plant located in the City o ~ Englewood will be reactivated so as to allow that plant to be operational by August, 1981 with an anticipated treatment capacity of Five (5) MGD, or Fourteen Thousand (14,000) single-family or equivalent sewer taps. B. That Englewood will bear all costs incurred or necessary for the reactivation of the old Englewood Sewer Plant, .a including, but not limited to, the cost of construction for any new sewer lines and other necessary equipment. • 3. Englewood further agrees that it shall hold harmless and indemnify Littleton from any and all claims or suits arising out c·f the reactivation or construction of the old Englewood Sewer Plant. Englewood will take all appropriate measures to avoid damage or malfunction to the Bi-City Plant from the construction or re- activation of the old Englewood Sewer Plant. 4. The parties further agree that: A. Each City will provide monthly to the other a listing of the number of taps issued by it or connected to the sewer lines during the previous month in order to adequately advise each of the Cities as to the remaining capacity of the plant. -3- I --~----·------------~--------~-------·--~~----~----~,~~lrJL ----~ • • - • • • • • • • • B. Each City will adopt an allocation plan for t h issuance of new sewer taps to assure each other that plant capac i y is preserved in sufficient amounts so as to satisfy respe ct~ve charter requirements of each City and to provide for the future needs of the in-City residents of each City as well as those portions of the drainage basin served by each City. Each City will take such steps as are necessary to assure that sufficient capacity remains for those needs prior to the anticipated Phase 2 development of the Bi-City Sewer Plant. Said allocation plans may, from time to time, require amendment so as to achieve the preservation of capacity as de t ailed herein, and it is agreed that the parties shall adjust their allocation schemes accordingly. Specifically, amendment shall be required in the event that the anticipated date of operation of the old Englewood Sewer Plant is delayed or if the anticipated schedule for Phase 2 development of the Bi-City Plant is delayed. c. The initial allocation plan of each City, including the number of taps reserved by each City for use of its in-City residents as shown on said Exhibit A heretofore incorporated herein. D. That Littleton and Englewood shall forthwith proceed with all steps necessary to achieve construction of the Phase 2 addition to the Bi-City Plan by the year 1985. 5. This agreement, nor any provision hereof, shall in any manner act to or be construed to abrogate, modify, limit, or other- wise change the agreement of the parties relative to the Bi-City -4- I • - - • • • • • ,. I • Plant entitled AGREEMENT BETWEEN THE CITIES OF LITTLETON AND ENGLEWOOD, COLO RADO FOR A JOINT-USE WASTEWATER TREATMENT FACILITIES da ~ed July 2 , 1973, nor any provision therein, said Agreement to remain in full force and effect. 6. Failure to comply with any of the terms or conditions herein shall be considered a breach of this Agreement and shall be grounds for termination of the Agreement by the non-breaking party at its option. Termination shall be effective upon ten days' written notice to tbe other City's City Manager. Attest: Janet G. Harrison, City Clerk App~oved as to form: CITY OF LITTLETON, COLORADO Sally H. Parsons President of Council Larry w. Berkowitz, City Attorney CITY OF ENGLEWOOD, COLORADO Attest: James L. Taylor, Mayor C1.ty Clerk Approved as to form: Ber·:tard v. Berardini, City Attorney -s- I • • - - • • I - , I • • • (Alli UlT A TAP ALLOCATION PLAN LITTLETON/ENGLEWOOD BI-CITY SEWER PLANT Tota l Plant capacity of Bi-Citr Plant (Numbers of Taps) Taps sold and on line as of September 12, 1979 Taps allocated October 1, 1979-October 1, 1980 Taps allocated October 1, 1980 -October 1, 1981 (Old Englewood Plant on line September 1981, Englewood picks up 14,000 additional taps) Taps anocated October 1, 1981 -October 1, 1985 1,290 per year for Englewood 1,833 per year for littleton TOTAL TAPS ALLOCATED By September, 1985, Phase II of the n i-~ity Plant Should be on line and t ~p limitations can be e1iwin4ted ·; ENGLEWOOD 28.000 34,260 1,290• 1,290• 5.lc:i0 42,000 LITTLETO i~ 28,000 17,000 1 ,833 ••. , 1 ,833 *'' 7,334 *Of t he 1,290 taps allocated 910 scheduled for 'outaide·city limit~ anY 380 c~~ccvcu for City of Englewood. · · · Mr Of the 1,833 taps allocated 1,300 are lor COAtr;act ¥Orv.i.co to outMidc-&:bu-ci&;y sewr.r districts, 300 tapa eacb year for buildera VitbiD Li'ttletoo, aDd r~inins 233 taps in reserve. -6- • I . - - • • • • • .r Introduced, read in full, and passed on first reading on the 1st day of October, 1979. • Published as a Bill for an Ordinance on the 3rd day of October, 1979. Read by title and passed on final reading on the ______ ~day of _________________ , 1979. Published by title as Ordinance No •. :-------' Series of 1979, on the day of , 1979. Attest: Mayor Deputy City Clerk I, Janice L. Watkins, Deputy City Clerk, do hereby certify that the above and foregoing is a true, accurate, and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. Series of 1979. Jan~ce L. Watk~ns -7- • I • 1':1 _______ .... - • • • • BY AUTHORITY ORDINANCE NO. COUNCIL BILL NO. 45 INTRODUCED BY SERIES OF 197=9--- A BILL FOR AN ORDINANCE REPEALING AND REENACTING WITH AMENDMENTS CHAPTER 11, TITLE XI, OF THE 1969 ENGLEWOOD MUNICIPAL CODE PROVIDING GENER- ALLY FOR THE LICENSING AND CONTROL OF DOGS AND CATS AND OTHER DOMESTICATED OR FARM ANIMALS: GENERALLY PROVIDING FOR IMPOUNDMENT, LICENSING, HOBBY BREEDERS OPERATION, VACCINATION, RECORDS, CRUELTY TO ANIMALS: AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. WHEREAS, the City Council of the City of Englewood, Colorado, has heretofore appointed an Animal Control Committee to review the provisions of Chapter 11, Title XI, of the '69 Englewood Municipal Code: and WHEREAS, the City Council has reviewed the findings, con- clusions and recommendations of the Animal Control Committee: and WHEREAS, there is a significant public need to exercise stricter control and reduce the number of unwanted and uncared for animals. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Chapter 11, Title XI, of the '69 Englewood Mun~c~pal Code is hereby repealed and reenacted with amendments as follows: SECTION 11-11-1 11-11-2 11-11-3 11-11-4 11-11-5 11-11-6 11-11-7 11-11-8 11-11-9 11-11-10 11-11-11 11-11-12 SUBJECT CHAPTER 11 ANIMALS AND FOWL Article I--Dogs Definitions Dogs Running at Large Prohibited Removal of Excrement: Damage to Shrubbery, Plants, etc. Dogs at Large: Impoundment: Notice: Disposition Tag: Collar Maintenance of More than Three Dogs on Premises: License Requirements Hobby Breeder's License Application: Fees License Issuance: Renewal Hobby Breeder Operation Right of Entry: Inspections Denial, Revocation or Suspension of License Vaccination Required I • - • 11-11-13 11-11-14 11-11-15 11-11-16 11-11-17 11-11-18 11-11-19 11-11-20 11-11-21 11-11-22 11-11-23 11-11-24 11-11-25 11-11-26 11-11-27 11-11-28 11-11-29 11-11-30 11-11-31 11-11-32 11-11-33 11-11-34 11-11-35 11-11-41 11-11-42 11-11-43 11-11-44 11-11-45 11-11-46 11-11-47 11-11-48 11-11-49 11-11-50 11-11-51 11-11-52 11-11-53 • • • Rabies Suspects and Biting Dogs Rabies Suspects; Disposition Records; Reports Vicious Dogs; Guard or Attack Dogs Barking Dog; Harboring Prohibited Poisoning Dogs Police Dogs Cruelty to Dogs Article II--Cats Definitions Cats Running at Large Damage to Shrubbery; Plants, etc. Cats at Large; Impoundment; Notice; Disposition (Reserved) Maintenance of More Than Two Cats on Premises; License Requirements Hobby Breeder's License; Application; Fee License Issuance; Renewal Hobby Breeder Operation Right of Entry; Inspections Denial, Revocation or Suspension of License Vaccination Required Poisoning Cats Cruelty to Cats (Reserved) Article III Farm and Domesticated Animals; Fowl; Wi l d and Dangerous Animals; Reptiles; Exotic Pets; Etc . Definitions Premises Kept Clean Disturbance of Neighborhood Prohibited Abandonment of An i mals Cruelty to Animals Molesting Birds Dyed Pets; Sale; Display or Possession Unlawful Indecent Exhibitions of Animals Zoological Permits Animals Running at Large Disposition of Dead Animals Specific Livestock Prohibited (Reserved) -2- • I • - • • • • • • 11-11-1: DEFINITIONS For the purpose of this Article, certain terms and words are here- with defined as follows: (a) (b) (c) (d) (~) (f) (g) (h) (i) ( j) (k) (1) (m) (n) (o) "Adjoining owners, residents"--The owners and residents of lands that are supported by a common boundary line. "Animal shelter"--Any premises designated by the city for the purpose of boarding and caring for any animal impounded under the provisions of this Article or any other ordinance or law of the State of Colorado. "Animal Warden"--The person or persons empowered by the city to enforce the provisions of this Article. "Attack dog"--Any dog or canine trained to attack persons entering the area except for the trainer of such dog or canine. "Dog"--Any animal of canine species, regardless of sex. "Dog, male"--Any dog of masculine gender upon which no alternative surgery of the genital organs has been performed. "Dog, castrated male (neutered)"--Any male dog upon which alternative surgery of the genital organs has been performed by a licensed veterinarian and accompanied by a certificate asserting such operation has been performed. "Dog owner"--Any person keeping, harboring, or having the full or temporary care of a dog at the time any violation of this ordinance is committed. "Dog, female"--Any dog of the female gender upon which no alternative surgery of the genital organs has been performed. "Dog, spayed female"--Any female dog on which an ovariotomy or ovariohysterectomy has been performed by a licensed veteri- narian and accompanied by a certificate asserting such opera- tion has been performed. "Dog, stray and/or running at large"--Any dog within the city limits, outside of owner's property, unaccompanied by owner as defined in 11-11-l(h). "Finance Director"--Director of Finance, ex officio City Clerk- Treasurer. "Guard dog"--Any dog or canine trained to attack a person at the command or instruction of a trainer. "Hobby breeder--Any person who, outside of his regular course of employment, is breeding purebred dogs in an attempt to improve the breed through controlled propagation, thus achiev- ing carefully desired qualities and traits. "Rabies"--A viral encephalitis, almost always fatal to both wild and domestic animals, that may ·affect any warm-blooded animal but is most common in carnivores and new world bats. In the United States, foxes, skunks, and raccoons are the major wild carnivore hosts, though domestic dogs and cats remain the most important source of human exposure. -3- • I • - • • • • • • (p) "Kennels"--Any place where dogs are born, bred, raised, boarded fed, or sold, for any valuable consideration, but shall not include a household which sells only the offspring of a female dog maintained solely as a family pet. (q) "Vicious dog"--Any dog that, without provocation, bites or attacks human beings or in a vicious and terrorizing manner attacks, or approaches in an apparent attitude of attack, a person upon the streets, sidewalks or any public ground or place of any private property other than the premises of the owner, possessor or keeper of such dog, or a dog that runs after and bites or barks at any other animal, bicycle, or any vehicle being ridden or driven upon the streets, sidewalks or any public ground or public place within the city. 11-11-2: DOGS RUNNING AT LARGE PROHIBITED It shall be unlawful for any owner or person having the care, custody and control of any dog to allow such dog to run at large in the city unless such dog is under the reasonable control of such owner or person. (a) For the purpose of this section, a dog shall be deemed to be running at large when off or away from the premises of the owner, possessor or keeper thereof and not under the control of such owner, possessor or keeper, who shall be competent to control such dog and who may be required to demonstrate to a member of the Englewood Police Department, or any Animal Warden of the City of Englewood, his or her ability to control such dog whenever such dog is not kept on or controlled by a leash, cord or chain not to exceed ten (10) feet. (b) Notwithstanding any of the provisions of this section, a dog shall be deemed not under reasonable control when any of the following conditions occur: (1) The dog inflicts damage or injury by biting, jumping upon, pollution of vegetation, or by any other means what- soever, to the person or property of anyone other than the owner, except in the defense of the owner, his family or property, or any dog under the control and command of a police officer in the course of his duty. (2) In the case of any unspayed female dog while said dog is in estrus (in heat or in season) and not securely con- fined in the owner's yard, pen or other enclosure. (c) Penalty. Any owner or person found guilty of their dog vio- lating any provisions of this section shall, upon the first conviction, be subject to the payment of a fine of ,not less than Fifteen Dollars ($15); upon the second and subsequent conviction shall be fined a sum not less than Twenty-five Dollars ($25) nor more than One Hundred Dollars ($100); and upon the third and subsequent convictions shall be fined an amount not less than One Hundred Dollars ($100) nor more than Three Hundred Dollars ($300) and be subject to not more than ninety (90) days in jail, or both such fine and imprisonment. -4- • I • - • • • • • • (d) Any owner or person charged with the violation of any of the provisions of Section 11-11-2 hereof may present such summons to the Clerk of the Traffic Violations Bureau of the City of Englewood and pay such fine without appearance in court, and upon payment of the fine shall be deemed to have pleaded guilty to the offense charged. Nothing herein contained shall be construed to prohibit any person charged with the violation of Section 11-11-2 from demanding a court hearing on the alleged violation. The provisions of this subsection shall not be applicable upon the filing of a complaint and s~~ons for the second or subsequent violations of this section. 11-11-3: REMOVAL OF EXCREMENT: DAMAGE TO SHRUBBERY, PLANTS, ETC. (a) It shall be unlawful for any person in possession of, harboring, or in charge of any dog to refuse or fail to remove forth- with excrement deposited by said dog upon a common thorough- fare, street, sidewalk, play area, park or upon other public property, or upon any private property when permission of the owner or tenant of said property has not been obtained, and such is hereby deemed to be a public nuisance and prohibited. Dog excrement shall not be placed in storm sewers but shall be disposed of in a sanitary manner. (b) It shall be unlawful for any owner, possessor or person who keeps any dog to permit such dog, whether or not running at large, to destroy, damage or injure any shrubbery, plants, flowers, grass, lawn, fence or anything whatsoever upon any public premises or upon any private premises owned or occupied by a person other than the owner, possessor, or keeper of such dog, and the same is hereby declared to be a public nuisance and prohibited. 11-11-4: DOGS AT LARGE: IMPOUNDMENT: NOTICE: DISPOSITION (a) Any dog or dogs found running at large shall be taken by the Animal Warden and impounded in the shelter designated as the City Animal Shelter and there confined in a humane manner for a period of not less than six (6) days and may thereafter be disposed of in a humane manner if not claimed by their owners. Dogs not claimed by their owners before the expiration of six (6) days may be disposed of at the discretion of the Animal Warden, except as hereinafter provided. (b) The Animal Warden may transfer title of any dog held at the Animal Shelter to the Society for the Prevention of Cruelty to Animals after the legal detention period has expired and such dog has not been claimed by its owner • (c) When dogs are found running at large and their ownership is known to the Animal Warden, such dogs need not be impounded, but such officer may cite the owners of such dogs to appear in court or the Violations Bureau to answer charges of the violation of this Article. -5- • I • - • • • • • • (d) Immediately upon impounding dogs, the Animal Warden shall make every possible reasonable effort to notify the owners of such dogs so impounded and inform such owners of the condi- tions whereby they may regain custody of such dogs. (e) Dogs impounded and not reclaimed by the owner, pursuant to subsection (a) hereof, may be released for adoption after payment of a Forty Dollar-($40) adoption fee by the party adopting said animal. Fifteen Dollars ($15) of the Forty Dollar-($40) adoption fee will be refunded upon presentation of proof that the dog has been neutered (spayed) by a licensed veterinarian and has received a current rabies vaccination. Neutering (spaying) and vaccination must be performed within thirty (30) days of adoption or by the time the adopted animal attains six (6) months of age. 11-11-5: TAG; COLLAR The owner of any dog shall cause to be placed upon the neck of such dog so owned, kept or harbored, a collar made of durable material, having attached thereto a metal tag showing that the dog has a current rabies vaccination, together with an identifying number thereon cor- responding to the number on the certificate of vaccination. The collar with the tag attached thereto shall be kept on such dog at all times. 11-11-6: MAINTENANCE OF MORE THAN TWO DOGS ON PREMISES; LICENSE REQUIREMENTS No household, place or premises may have more than two (2) dogs over six (6) months of age without first having procured a city hobby breeder's license as hereinafter provided. A city hobby breeder's license shall not be required where the place or premises are currently licensed as a pet shop or boarding kennel, pursuant to Section 12-57-101, et seq., Colorado Revised Statutes 1973, as amended. All households presently ownning three (3) dogs without a hobby breeder's license may maintain the three (3) dogs currently owned but shall not maintain more than two (2) dogs upon the death or loss of ownership of one (1) or more of the currently owned three (3) dogs. 11-11-7: HOBBY BREEDER'S LICENSE APPLICATION; FEES An application to maintain a hobby breeder's operation shall be made upon forms supplied by the Director of Finance and shall con- tain a statement of the name of the applicant, the address and location of the hobby breeder's operation, together with the express consent from adjoining landowners or residents that they have no -6- • I • • - • • • • • objection to the issuance of said license, and such additional information as may be required by the Director concerning the physical facilities and equipment, as in the judgment of the Director will enable him to pass upon the qualifications of the application and premises. The application shall be accompanied by a payment of a fee in the amount of Twenty-five Dollars ($25). 11-11-B: LICENSE ISSUANCE: RENEWAL (a) In the event that the Finance Director approves the applica- tion and determines that the applicant is qualified to engage in a hobby breeder's operation, the Director shall issue a license to the applicant, which license shall be prominently displayed in the location the applicant main- tains his operation. (b) Upon issuance of the city hobby breeder's license, the licensee may carry on a limited breeding program but may not maintain more than five (5) dogs over six (6) months of age nor more than twenty (20) puppies whelped and transferred in any twelve-month period. (c) The hobby breeder's license under the provisions of this ordinance shall expire on the 31st day of December each year. Each license shall be renewed during the month of December each year. Such applications for renewal shall be made to the Director, in writing, on forms prescribed by the Director, shall contain such information as will enable him to deter- mine if the applicant is qualified to continue to hold a license and shall be accompanied by a renewal fee of Fifteen Dollars ($15). 11-11-9: HOBBY BREEDER OPERATION (a) Operator's duties. Every person licensed under this ordinance to operate as a hobby breeder shall: 11-11-10: (1) Maintain the premises and facilities in a sanitary condition. (2) Provide adequate ventilation for the facilities used for animals. (3) Provide adequate nutrition for and humane care and treatment of all dogs under this care and control. RIGHT OF ENTRY: INSPECTIONS It shall be lawful for the Animal Warden or any employee of the city who may be charged with the duty of making inspections of premises licensed under this ordinance or any employee of the County or District Health Department to enter upon the premises licensed under this ordinance and to inspect the same and inspect any records required to be kept by this ordinance or regulations made pursuant thereto. -7- I • - • • • • • • 11-11-11: DENIAL, REVOCATION OR SUSPENSION OF LICENSE The Director may withhold, deny, revoke or temporarily suspend for a period not to exceed one (1) year any license issued or applied for in accordance with the provisions of this ordinance upon finding that licensee has been guilty of the following: (a) The licensee has been convicted of two(2) violations of Section 11-11-2 within a twelve-month period. (b) Material misstated in the application for a license or an application of renewal thereof. (c) The violation of any public health law of the state and failure to comply with any state act or health requirement relative to the humane treatment of dogs. (d) Failure to maintain sanitary conditions and the proper disposal of animal waste as may be required by the Colorado State Department of Health pursuant to Article 57, Title 12, Colorado Revised Statutes, 1973, as amended. 11-11-12: VACCINATION REQUIRED The owner of each dog six (6) months of age shall cause said dog to be vaccinated against rabies. Such vaccination shall be repeated annually thereafter. Dogs shall be vaccinated by any veterinarian licensed to practice veterinary medicine. A certificate of vaccina- tion, in duplicate, shall be completed by the veterinarian, one (1) copy to be issued to the dog owner and one (1) to be retained in the veterinarian's files. (a) Any dog in the custody of any police officer, Animal Warden or in the city pound shall be released to the owner of said dog for a period of time not to exceed five (5) days in order to obtain the vaccination of the dog. 11-11-13: RABIES SUSPECTS AND BITING DOGS Any dog which is suspected of having rabies, or which has -bitten a person or other animal may be impounded either in the pound or under the supervision of a licensed veterinarian, for observation. All fees for such impounding and observation shall be charged to the owner of such animal. (a) Any dog impounded under the provisions of this section shall be placed in a suitable facility and quarantined for a period of not less than ten (10) days at the expense of the owner. (b) Any dog impounded under the provisions of this section shall be destroyed upon determination that such dog is infected with rabies. 11-11-14: RABIES SUSPECTS; DISPOSITION -8- I • - • • • • • • Dogs known to have been bitten or exposed to a rabid animal shall be: (a) (b) Immediately destroyed upon determination by a licensed veterinarian that the dog is rabid; or Released upon proof of immunization and booster injections given by a licensed veterinarian. 11-11-15: RECORDS; REPORTS The Police Department shall maintain a record of all animals impounded together with all fees collected. A monthly report shall be made to the Manager and all fees transmitted to the Treasurer daily. 11-11-16: VICIOUS DOGS; GUARD OR ATTACK DOGS (a) (b) (c) (d) (e) (f) (g) It shall be unlawful for any person to keep or harbor a fierce or vicious dog. Dogs maintained as guard dogs or placed in an enclosed area for the protection of persons or property shall not be included under this section so long as they remain in this enclosed area and are completely confined in a kennel, yard or other enclosed space when not being used as a guard dog. All persons owning or controlling an attack or guard dog on premises within the municipality shall notify the Police Department in writing of the name of the owners or persons in control of such pr .. iaes and the street address thereof. Such notification shall be furnished within seventy-two (72) hours fraa the t~ said dog is brought to said premises. Upon receipt of such notification, the Police Department shall furnish such infor.ation to the Fire Department of the city. The owner, or other persons in control if not the owner, of all premises upon which attack and guard dogs are maintained shall post signs on, over or next to all exterior doors stating that such dogs are on the premises. At least one (1) such sign shall be poat:ed at each driveway or entranceway to said premises. If attack or guard dogs on said premises are owned or main- tained thereon by any guard or security service, the signs aforesaid shall also contain the phone number of such service . No attack or guard dogs may be maintained in the municipality by such service unless the telephone for which such number is posted is manned by responsible personnel twenty-four (24) hours daily. Said signs shall contain lettering clearly visible from either the curbline or a distance of fifty (50) feet, which- ever is lesser • -9- • I • - • • • • • • 11-11-17: BARKING DOG; HARBORING PROHIBITED No person shall keep or harbor a dog which by loud or frequent or habitual barking, yelping, howling, or whining shall cause a serious annoyance to the neighborhood or to people passing to and from upon the streets or sidewalks. 11-11-18: POISONING DOGS It shall be unlawful for any person to poison any dog or to dis- tribute poison in any manner whatsoever with intent or for the purpose of poisoning any dog. 11-11-19: POLICE DOGS It shall be unlawful for any person to willfully or maliciously torture, torment, beat, kick, mutilate, injure, disable or kill any dog used by the Police Department in the performance of the functions and duties of such Department, or to unwarrantably interfere with or meddle with any such dog while being used by said Department or any officer or member thereof in the performance of any of the functions or duties of said Department or of such officer or member. 11-11-20: CRUELTY TO DOGS It shall be unlawful for any person to overcrowd, overwork, deprive of necessary sustenance, willfully or maliciously torture, torment, beat, kick, mutilate, injure, disable, or kill needlessly, or to carry in any vehicle or otherwise transport in a cruel and inhuman manner, any dog, or to cause any of these acts to be done. It shall be unlawful for any person having charge or custody of any dog to fail to provide it with proper food, drink and protection from the weather, or to cause any of these acts to be done. Article II--Cats 11-11-21: DEFINITIONS -CATS (a) "Adjoining owners, residents"--The owners and residents of lands that are supported by a common boundary line. (b) "Animal shelter"--Any premises designated by the city for the purpose of boarding and caring for any animal impounded under the provisions of this Article or any other ordinance or law of the State of Colorado. (c) "Animal Warden"--The person or persons empowered by the city to enforce the provisions of this Article. (d) "Cat"--Any member of the family Felis Catus regardless of sex. (e) "Cat, male"--Any cat of masculine gender upon which no alternative surgery of the genital organs has been performed. -10- • I • - • • • • • • (f) "Cat, castrated male (neutered)"--Any male cat upon which alternative surgery of the genital organs has been performed by a licensed veterinarian and accompanied by a certificate asserting such operation has been performed. (g) "Cat, female"--Any cat of the female gender upon which no alternative surgery of the genital organs has been performed. (h) "Cat, female spayed"--Any female cat on which an ovariotomy or ovariohysterectomy has been performed by a licensed veterinarian and accompanied by a certificate asserting such operation has been performed. (i) "Cat owner"--Any person owning, keeping, harboring, or having full or temporary care of a cat at the time any violation of this ordinance is committed. (j) "Cat, stray and/or running at large"--Any cat, within the city limits, outside of owner's property unaccompanied by owner as defined in ll-ll-2l(i). (k) "Finance Director"--Director of Finance, ex officio City Clerk-Treasurer. (1) "Hobby breeder"--Any person who, outside of his regular course of employment, is breeding purebred cats in an attempt to improve the breed through controlled propagation, thus achiev- ing carefully desired qualities and traits. (m) "Rabies"--A viral encephalitis, almost always fatal to both wild and domestic animals, that may affect any warm-blooded animal but is most common in carnivores and New World bats. In the United States, foxes, skunks, and raccoons are the major wild carnivore hosts, though domestic dogs and cats remain the most important source of human exposure. (n) "Cattery (kennel)"--Any place where cats are born, bred, raised, boarded, fed, or sold, for any valuable consideration, but shall not include a household which sells only the off- spring of a female cat maintained solely as a family pet. (o) "Vicious cat"--A cat that, without provocation, bites or attacks human beings or in a vicious and terrorizing manner attacks, or approaches in an apparent attitude of attack, a person upon the streets, sidewalks or any public ground or place or any private property other than the premises of the owner. 11-11-22: CATS RUNNING AT LARGE It shall be unlawful for any owner of a cat to allow such cat to run at large in the city and to become or create a nuisance. (a) Notwithstanding any of the provisions of this section, a cat shall be deemed to be a nuisance when any of the following conditions occur: -11- • I • - • • • • • • (1) The cat inflicts damage or injury by biting, jumping upon, polluting of vegetation, or by any other means whatsoever, to the person or property of anyone other than the owner. (2) In the case of any unspayed female cat while said cat is in estrus (in heat or in season) and not securely confined in the owner's year, pen, or other enclosure. (b) Penalty. Any owner or person found guilty of violating any provision of this section shall, upon the first conviction, be subject to the payment of a fine of not less than Fifteen Dollars ($15); upon the second and subsequent conviction shall be fined a sum of not less than Twenty-five Dollars ($25) nor more than One Hundred Dollars ($100); and upon the third and subsequent convictions shall be fined an amount not less than One Hundred Dollars ($100) nor more than Three Hundred Dollars ($300) and be subject to not more than ninety days in jail, or both such fine and imprisonment. (c) Any owner or person charged with the violation of any provisions of Section 11-11-22 hereof may present such summons to the Clerk of the Traffic Violations Bureau of the City of Englewood and pay such fine without appearance in court, and upon payment of the fine, shall be deemed to have pleaded guilty to the offense charged. Nothing herein contained shall be construed to prohibit any person charged with the violation of Section 11-11-22 from demanding a court hearing on the alleged viola- tion. The provisions of this subsection shall not be applica- ble upon the filing of a complaint and summons for the second or subsequent violations of this section. 11-11-23: DAMAGE TO SHRUBBERY, PLANTS, ETC. (a) It shall be unlawful for any owner, possessor or person who keeps any cat to permit such cat, whether or not running at large, to destroy, damage or injure any shrubbery, plants, flowers, grass, lawn, fence, or anything whatsoever upon any public premises or upon any private premises owned or occupied by a person other than the owner, possessor or keeper of such cat, and the same is hereby declared to be a public nuisance and prohibited . 11-11-24: CATS AT LARGE; IMPOm~DMENT; NOTICE; DISPOSITION (a ) Any cat or cats found running at large and/or creating a public nuisance shall be taken by the Animal Warden and impounded in the shelter designated as the City Animal Shelter and there confined in a humane manner for a period of not less than six (6) days and may thereafter · be disposed of in a humane manner if not claimed by their owners. Cats not claimed by their owners before the expiration of six (6) days may be disposed of at the discretion of the Animal Warden, except as hereinafter provided. -12- • I • - • • • • (b) The Animal Warden may transfer title of any cat held at the Animal Shelter to the Society for the Prevention of Cruelty to Animals after the legal detention period has expired and such cat has not been claimed by its owner. (c) When cats are found running at large and their ownership is known to the Animal Warden, such cats need not be impounded, but such officer may cite the owners of such cats to appear in court to answer charges of the violation of this Article. (d) Immediately upon impounding cats, the Animal Warden shall make every possible reasonable effort to notify the owners of such cats so impounded and inform such owners of the conditions whereby they may regain ·custody of such cats. (e) Cats impounded and not reclaimed by the owner, pursuant to Subsection (a) hereof, may be released for adoption after payment of a Forty Dollar-($40) adoption fee by the party adopting said animal. Fifteen Dollars ($15) of the Forty Dollar-($40) adoption fee will be refunded upon presenta- tion of proof that the cat has been neutered (spayed) by a licensed veterinarian and has received a current rabies vaccination. Neutering (spaying) and vaccination must be performed within thirty (30) days of adoption or by the time the adopted animal attains six (6) months of age. 11-11-25: 11-11-26: (Reserved) MAINTENANCE OF MORE THAN TWO CATS ON PREMISES; LICENSE REQUIREMENTS No household, place or premises may have more than two (2) cats over six (6) months of age without first having procured a city hobby breeder's license as hereinafter provided. A city hobby breeder's license shall not be required where the place or premises are currently licensed as a pet shop or boarding kennel, pursuant to Section 12-57-101 et seq., Colorado Revised Statutes 1973, as amended. All households presently owning three (3) cats without a hobby breeder's license may maintain the three (3) cats currently owned but shall not maintain more than two (2) cats upon the death or loss of owner- ship of one (1) or more of the currently owned three (3) cats. 11-11-27: HOBBY BREEDER'S LICENSE APPLICATION; FEES An application to maintain a hobby breeder's operation shall be made upon forms supplied by the Director of Finance and shall con- tain a statement of the name of the applicant, the address and location of the hobby breeder's operation, together with the express consent from adjoining landowners or residents that they have no objection to the issuance of said license, and such additional informa- tion as may be required by the Director concerning the physical facilities and equipment, as in the judgment of the Director will enable him to pass upon the qualifications of the application and -13- I • - • • • • • premises. The application shall be accompanied by a payment of a fee in the amount of Twenty-five Dollars ($25). 11-11-28: LICENSE ISSUANCE; RENEWAL (a) In the event that the Director approves the application and determines that the applicant is qualified to engage in a hobby breeder's operation, the Director shall issue a license to the applicant, which license shall be prominently displayed in the location the applicant maintains his opera- tion. · (b) Upon issuance of the city hobby breeder's license, the licensee may carry on a limited breeding program but may not maintain more than five (5) cats over six (6) months of age nor more than twenty (20) kittens queened and transferred in any twelve- month period. (c) The hobby breeder's license under the provisoins of this ordinance shall expire on the 31st day of December each year. Each license shall be renewed during the month of December each year. Such applications for renewal shall be made to the Director, in writing, on forms prescribed by the Director, shall contain such information as will enable him to determine if the applicant is qualified to continue to hold a license and shall be accompanied by a renewal fee of Fifteen Dollars ($15). 11-11-29: HOBBY BREEDER OPERATION (a) Operator's Duties. Every person licensed under this ordinance to operate as a hobby breeder shall: (1) Maintain the premises and facilities in a sanitary condition. (2) Provide adequate ventilation for the facilities used for animals. (3) Provide a~equat e n u trition for and humane care and treatment of al l cats under his care and control. 11-11-30: RIGHT OF ENTRY; INSPECTIONS It shall be lawful for the Animal Warden or any employee of the city who may be charged with the duty of making inspections of premises licensed under this ordinance or any employee of the County or District Health Departntent to enter upon the premises licensed under this ordinance and to inspect the same and inspect any records r e quired to be kept by this ordinance or regulations made pursuant thereto. -14- • I • - ( • • ( • • • 11-11-31: DENIAL, REVOCATION OR SUSPENSION OF LICENSE The Director may withhold, deny, revoke or temporarily suspend for a period not to exceed one (l) year any license issued or applied for in accordance with the provisions of this ordinance upon finding that licensee has been guilty of the following: (a) The licensee has been convicted of two (2) violations of Section 11-11-22 within a twelve-month period. (b) Material misstated in the application for a license or an application of renewal thereof. (c) The violation of any public health -law of the State and failure to comply with any state act or health requirement relative to the humane treatment of cats. (d) Failure to maintain sanitary conditions and the proper disposal of animal waste as may be required by the Colorado State Department of Health pursuant to Article 57, Title 12, Colorado Revised Statutes 1978, as amended. 11-11-32: VACCINATION REQUIRED The owner of each cat six (6) months of age shall cause said cat to be vaccinated against rabies, such vaccination to be repeated annually thereafter. Cats shall be vaccinated by any veterinarian licensed to practice veterinary medicine. A certificate of vaccina- tion in duplicate shall be completed by the veterinarian, one (l) copy to be issued to the cat owner and one (l) to be retained in the veterinarian's files. (a) Any cat in the custody of any police officer, Animal Warden, or in the City Pound shall be released to the owner of said cat for a period of time not to exceed five (5) days in order to obtain the vaccination of the cat. 11-11-33: POISONING CATS It shall be unlawful for any person to poison any cat or to dis- dribute poison in any manner whatsoever with intent or for the purpose of poisoning any cat. 11-11-34: CRUELTY TO CATS It shall be unlawful for any person to overcrowd, deprive of necessary sustenance, willfully or maliciously torture, torment, beat, kick, mutilate, injure, disable, or kill needlessly, or to carry in any vehicle or otherwise transport in a cruel and inhuman manner, any cat, or to cause any of these acts to be done. It shall be unlawful for any person having charge or custody of any cat to fail to provide it with proper food, drink and protection from the weather, or to cause any of these acts to be done. -15- • I • • - • • • • • • 11-11-35: (Reserved) Article III --Animals in General 11-11-41: DEFINITIONS -ANIMALS IN GENERAL (a) "Animal"--Any animate being, excluding the dog and cat, which is endowed with the power of voluntary motion; all living creatures not human. (b) "Cattle"--Animals of the bovine genus regardless of sex. (c) "Director"--Director of Community Development for the City of Englewood or his designee. (d) "Enclosure or Inclosure"--Land surrounded by some visible obstruction such as a fence. (e) "Avian (fowl)"--A bird of any kind, including chicken, water fowl, etc. (f) "Goat"--Any of various ruminant mammals (esp. of the genus capra) regardless of sex. (g) "Horse"--an animal of the genus equvs and species caballus regardless of sex. (h) "Livestock"--Farm animals, including but not limited to cows, horses, sheep and pigs. (i) "Neighborhood"--A place near an adjoining or surrounding district, a more immediate vicinity. (j) "Animal owner"--Any person owning, keeping, harboring or having the full or temporary care of an animal at the time any violation of this ordinance is committed. (k) "Premises"--The area or tract of land surrounding the residence or place of business of the owner or custodian of any animal or fowl, which area or tract of land appertains to the resi- dence or place of business. (1) "Rabbit"--Any member of the hare family regardless of sex. (m) "Sheep"--Any of numerous ruminant mammals (genus avis) regardless of sex. (n) "Swine"--Hog, pig or any of various stout-bodied, short-legged, omnivorous mammals (family suidae). (o) "Animal running at large"--Any animal off of owner's premises and not accompan~ed by owner. Owner defined in (j) above. 11-11-42: PREMISES KEPT CLEAN Any person who owns or controls any lot, barn, stable, shed, building or other place where domestic avian (fowl) or animals are kept, shall keep the building and premises in a clean and sanitary condition and shall remove all manure from the premises at least once each week. 11-11-43: DISTURBANCE OF NEIGHBORHOOD PROHIBITED It is unlawful for any person to keep or maintain any animal or avian (fowl) within the city which habitually or continuously dis- turbs the peace and quiet of the neighborhood and the keeping of any such animal or avian (fowl) shall be declared to be a nuisance. -16- • I • - ( c • • • • ll-ll-44: ABANDONMENT OF ANIMALS It shall be unlawful for any person to abandon any animal, or to cause such animal to be abandoned. ll-ll-45: CRUELTY TO ANIMALS It shall be unlawful for any person to overdrive, overload, drive when overloaded, overwork, torture, deprive of necessary sustenance, cruelly beat, mutilate or kill needlessly, or to carry in any vehicle or otherwise transport in a cruel and inhuman manner, any animal, or to cause any of these acts to be done. It shall be unlawful for any person having charge or custody of any animal to fail to provide it with proper food, drin~ and protection from the weather, or to cause any of these acts to be done. ll-ll-46: MOLESTING BIRDS It shall be unlawful for any person within the city to at any time frighten, shoot at, wound, kill, take, capture, ensnare, net, trap or in any other manner molest or injure any bird, fowl, or water fowl, or in any manner molest or injure the nest, eggs or young of any such bird, fowl or water fowl. 11-11-47 : DYED PETS: SALE, DISPLAY OR POSSESSION UNLAWFUL It shall be unlawful for any person to possess, display, sell or give away dyed, colored, or in any way artificially treated baby chicks, ducklings, avian (fowl), rabbits or any animals as pets, playthings, novelties or gifts. ll-ll-48: INDECENT EXHIBITION OF ANIMALS It shall be unlawful for any person to exhibit any stud horse or bull or other animal indecently. It shall be unlawful for any person to let any male animal to any female animal unless the same be done in some place wholly enclosed and out of public view. 11-11-49: ZOOLOGICAL PERMITS (a) No person shall harbor, keep or sell or offer for sale any wild animal, wild bird, exotic pet, poisonous or dangerous reptile, snake or insect without first obtaining a zoological permit from the City of Englewood. In issuing such permits, the city shall establish such reasonable rules and regulations and fees as are necessary and proper for the safe control and management of the aforementioned animals, birds and reptiles. -17- • I • - - • I • • • (b) The provisions of this section shall not apply to: (1) A bona fide publicly or privately owned zoological park. (2) A publicly owned animal pound. (3) A veterinary hospital. (4) A bona fide research institution using pet animals for a scientific research. 11-11-50: ANIMALS RUNNING AT LARGE It is unlawful for any animal owner to permit the same ro run at large within the City of Englewood. Any such animals found running at large may be taken and impounded. 11-11-51: DISPOSITION OF DEAD ANIMALS When any animal shall die within the city, it shall be the duty of the owner thereof to remove the carcass of such animal and see that it is disposed of in a sanitary fashion. It shall be unlawful for any animal owner to fail or refuse to remove such carcass, and such refusal or failure shall constitute a nuisance. When the animal carcass shall be found in any public street, alley, or place other than the property of the owner, it shall be the duty of the Chief of Police, other police officer or Animal Warden, when knowledge thereof shall come to him, to cause such carcass to be removed and disposed of in a sanitary manner. 11-11-52: SPECIFIC LIVESTOCK PROHIBITED It shall be unlawful for anyone within the city limits of Englewood to keep, harbor, or maintain cattle, horses, sheep, goats, or swine on their premises. The only exceptions are those individuals having said animals prior to enactment of this ordinance. 11-11-53: (Reserved) Section 2. Any ordinances or parts of ordinances in conflict here-w~th are expressly repealed. Introduced, read in full and passed on first reading on the __ __ day of , 1979. Published as a Bill for an Ordinance on the day of 1979. -------- Attest: Mayor Deputy C1ty Clerk -Is- I . - - c • • • •• • I, Janice L. Watkins, Deputy City Clerk, do hereby certify that the above and foregoing is a true, accurate, and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the day of , 1979. Janice L. Watkins -19- • / I • - - c ( • SECI'ION 11·11·1 11·11 ·2 11 ·11·3 11·11-4 11·11·5 11 ·11-6 11 ·11·7 11 ·11-8 11·11·9 11 ·11·10 11·11·11 11 ·11·12 11 ·11·13 11·11 ·14 11·11·15 11·11 ·16 11·11 ·17 11 ·11·18 11·11·19 11 ·11·20 11·11 ·21 11·11·22 I I • • • CHAPTER 11 ANIMALS AND FOWL Article I -Dop SUBJECI' Definitions Dogs Running at Larp Prohibited Removal of Exc-.at; Damage to Shrubbery, Plants, etc. Dogs at Larp; Impoundment; Notice; Disposition Tag; Collar Maintenance of More Than Three Dogs on Premises; License Requirements Hobby 8..-ler's LiceDI8 Application ; Fees License Issuance; Renewal Hobby Bre.ier Operation Right of Entry ; Inspections Denial, Revocation or Suspension of Licenae Vaccination Required Rabies Suspects and Biting Dogs Rabies Suspects; Disposition Records ; Reports Vicious Dogs ; Guard or Attack Dogs Barking Dog ; Harboring Prohibited Poisoning Dogs Police Dogs (Reserved I Artlele II-ADimals ia Geaenl Livestock ; Running at Larp Abandonment of Animals 3 ·21 ·71 I • • 11-11-23 11-11-24 11-11·25 11-11-26 . 11-11-27 Cruelty t.o Animals Molesting Birds , I • • • Dyed Pets: Sale, Display or Possession Unlawful Indecent Exhibition of Animals Zoological Permits I • • .... ,. - ( ( • • • • 11-11-1 11 -11-1: DEFINITIONS For the purpoee of thia Article, certain terma Uld worde are bennrith defined u followa: (a) "Adjoiniag ownen, residents" -Tbe ownen Uld residents of lands that are supported by a common boundary liDe. (b) "Animal abelter"-Any~ deaipated by the city for the pwpoae of boardiDc and caring for any animal impounded under the JII'OYiaioaa of thia Article or any otber ordinance or law of the State of ~-. (c) "Animal Warden"-The penon or penona empowered by the city to eaforce the proviaiou of thia Article. (d) "Attllck dog"-Any dog or canine tnUned to attack penona en- teriac the-. uc:ept for the traiMr of aucb dog or canine. (e) "Doer''-ADy animal of c:anine apec:iea, l'lpnillu of ea. If) "Dog, male"-Any dog of me..,dine gender, either cutrated or not cutratecl. (gl "Dog owner"-Any penon in po._.ion of or harboring any dog. (h) "Dog, female"-Any dog of the female gender upon which no alternative surgery of the genital orpna hu been performed. (i) ''Dog, spayed female'' -Any female dog on which an ovariotomy or ovariohysterectomy hu been performed by a JK:ena.l veterinarian and accompanied by a certificate auerting such operation hu been performed. (j) "Dog, stray"-Any unliceDSed or liceDSed dog found unattached or loose anywhere wiLhin the city limits. (kl "Finance Director" -Director of Finance, ex offiCio City Clerk-Treuurer. (I) "Guard dog" -Any dog or canine trained to attack a person at the command or instruction of a traiMr. ( m) "Hobby bre.ler" -Any person who, outside of his regular course of employment, is b..wng dogs or striving to improve dogs through controlled propagation, thus achieving c:arefully desired qualities and traits. (n) "Rabies" -A communicable di-.e of both wild and domestic animals transmittable to humane, u defined by the Public Health Department; and a "specific infectioue diMue of certain animals, expec:ially dogs and wolves, contracted by man by direct inoculation as by bite of infected animal and due to a filtrable virus," as defined in Dorland's Medical Dictionary. 345 ...... I • - ( 0 • • • • • 11-11-2 (o) ''Vicious dog" -A dog that without provocation bites or attacks humans or other animals. or in a vicious or terrorizing manner ap- proaches any person in an apparent attitude of attack. (Ord. No. 44, § l, Series 1976'1 11-11-2: DOGS RUNNING AT LARGE PROHIBITED It shall be unlawful for any owner or person having the care, custody and control of any dog to allow such dog to run at large in the city unless such dog is under the reasonable control of such owner or person. (a) For the purpose of this section, a dog shall be deemed to be running at large when off or away from the premiaes of the owner, possessor or keeper thereof and not under the control of such owner, possessor or keeper, who shall be competent to control such dog and who may be required to demonstrate to a member of the Englewood Police Department, or any Animal Warden of the City of Englewood. his or her ability to control such dog whenever such dog is not kept on or controlled by a leash, cord or chain not to exceed ten ( 101 feet. lbl Notwithstanding any of the provisions of this section, a dog shall be deemed not under reasonable control when any of the following conditions occur: I II The dog inflicts damage or injury by biting. jumping upon. pollution of vegetation, or by any other means whatsoever. to the person or property of anyone other than the owner. except in the defense of the owner. his family or property. or any do,. under the control and command of a police officer in the course of his duty . 121 In the case of any unspayed female dog while said dnj.! is i n estrus lin heat or in seasonl and r.oL st.-curcly .:onliw·" "' "·'· owner's yard. pen or other enclosure. (c) Penalty. Any owner or person found guilty of vioillting any provision of thi~ ~ection ~hall, upon the first conviction, be subjuct to tlw payment of a fine of fifteen dollars ($15.1; upon the second and subsequent conviction shall be fined a sum not le:~~ than twenty-five dollars (i25 .); and upon the third and subS~~quent convictions shull be fined an amount not less than seventy-five dollars 1$75.) nor more than three hundred dollars ($300.) or be subject to not more than ninety (901 days in jail, or both. ldl Any owner or person charged with the violation of any of the provisions of Section 11-11-2 hereof may present such sun:mons to • t:;di&or 'e Nule: Ordln.nt·" No. 4t, ~crte. 111:., rttpt!aMcl rurmor 1\rtlt•le I .ulu..,.. u Urd. ~~·. IN , S.•rh•!it ltr.2 , whkh bad ~H ro,.mer A.rUcle Ieake~~ rron• :iec:done :4.1·1 lhruu~eb U .l ·IZ of liNt t~r·: ('ddt-, •!t ........... .,.. by Ord. No. o. llerloo llllf. 346 \1· ~~. 7ti I • • • - • • ( 11·11·4 the Clerk of the Traffic Violations BUJ"eelu of the City of Englewood and pay 1uch fine without appearance in court, and upon payment of the fine 1hall be deemed to have pleaded guilty to the offense c:harpd. Nothing herein contained •hall be construed to prohibit any periOD charpd with the violation of Section 11·11-2 from demanding a court t..ring on the allapd violation. The proviaiona of this 1ubeection ahall not be applicable upon the filing of a complaint and 8WDIDODI for the HCOnd or subaequent violations of thia section. lOrd. No . 44 , § 1, Series 1976; amended Ord. No. 38, § 1, Series 19761 11-11-3: REMOVAL OF EXCREMENT; DAMAGE TO SHRUBBERY, PLANTS, ETC. lal It shall be unlawful for any person who poBIIelleS, harbors or is in charge of any dog not to immediately remove excrement deposited by Aid dog upon a common thoroughfare, street, sidewalk, play area, park or upon any other public property, or upon any private property when permiasion of the owner or tenant of said property has not been obtained, and such is hereby deemed to be a public nuisance and prohibited. Dog excrement shall not be placed in stonn sewers but shall be disposed of in a sanitary manner. lbl It shall be unlawful for any owner, poBBe880r or person who keeps any dog to permit such dog, whether or not running at large, to deatroy, damage or injure any shrubbery, planta, flowera , grass, lawn, fence or anything whataoever upon any public premises or upon any private premiaa owned or occupied by a periOD other than the owner, possessor or keeper of such dog, and the same is hereby dec:lared to be a public nui8ance and prohibited. lOrd. No. 44, § 1, Seriea 19761 11-11 .. : DOGS AT LARGE; IMPOUNDMENT; NOTICE; DISPOSITION Ia I Any dog or dogs found running at large shall be taken by the Animal Warden and impounded in the shelter deaicnated as the City Animal Shelter and there confined in a humane manner for a period of not lesa than six 161 days and may thereafter be diapoled of in a humane manner if not claimed by their owners. Dogs not claimed by their ownera before the expiration of six 161 days may be disposed of at the discretion of the Animal Warden, except as hereinafter provided. • lbl The Animal Warden may transfer title of any dog held at the Animal I Shelter to the Society for the Prevention of Cruelty to Animals after • the legal detention period has expired and such dog has not been u ( claimed by its owner. 347 1·:10 ·71 • • - • • • • 11-11 -5 (c) When dogs are found running at large and their ownership is known to the Animal Warden, such dogs need not be impounded, but such officer may cite the owners of such dogs to appear in court to an- swer chargee of the violation of thia Articla. (d) Immediately upon impounding dogs, the Animal Warden shall make every possible reasonable effort to notify the owners of such dogs so impounded and inform such owners of the conditions whereby they may regain custody of such dogs. (el Any animal, other than a dog, found running at large within the city limits may be impounded or disposed of according to law when such acUon is required, either to protect the animal or to protect the residents of the city. The owner of any animal so impounded may reclaim such animal upon payment of all costs and charges incurred by the city for impounding md maintenance of such animal. (Ord. No . 44, § 1, Seriee 19761 11·11·5: TAG; COLLAR The owner of any dog shall cause to be placed upon the neck of such dog so owned, kept or harbored, a collar made of durable material, having attached thereto a metal tag showing that the dog bas a current rabies vaccination, together with an identifying number thereon corresponding to the number on the certificate of vaccination. The collar with the tag attached thereto shall be kept on such dog at all tima. (Ord. No. 44, § 1, Seriee 19761 11·11-6: MAINTENANCE OF MORE THAN THREE DOGS ON PREMISES; LICENSE REQUIREMENTS No household, place or premises may have more than two 121 dogs over six (61 months of qe without fll'lt having procured a city hobby breeder's licenae as hereinafter provided. A city hobby breeders licenae shall not be required where the place or premises are currently licensed as a pet shop or boarding ktmn t·l. pursuant to Section 12-57-101, et seq., Colorado Revised Statutes 1973, as amended. All households preser:tly owning three (31 dogs without a hobby breeder'slicenae may maintain the three (31 dogs currently owned, but shall not maintain more than two 121 dogs upon the death or loss of ownership of one 111 or more of the currently owned three (3) dogs. (Ord. No. 44, § 1, Series 19751 11-11·7: HOBBY BREEDER'S LICENSE APPLICATION; FEES An application to maintain a hobby breeder's operation shall be made upon forms supplied by the Director of Finance and shall contain a statement of the name of the applicant, the address and location of the hobby breeder's operation, together with the express consent from adjoining landowners or residents that they have no objection to the issuance of said license, and such additional information as may be required by the Director concerning the 348 • I • - c • • ( • • • • 11-11-10 physical facilities and equipment, as in the judgment of the Director will enable him to pasa upon the qualificat ions of the application and premises. The ap- plication shall be accompanied b;v a payment of a fee in the amount of fift y doUars (150.1. 11-11-8: LICENSE ISSUANCE; RENEWAL (al In the event that the Director approves the application and det er- mines that the applicant is qualified to engage in a hobby breeder's operation, the Director shall issue a license to the applicant. which licenae shall be prominently displayed in the location the applicant maintains his operation. (bl Upon isauance of the city hobby breeder's license, the licensee may carry on a limited b.--ling program, but may not maintain more than five (51 dogs over six (61 months of age, nor more than twenty (201 puppies welped and transferred in any twelve-month period. (cl The hobby breeder's license under the provisions of this ordinance shall expire on the 31st day of December each year. Each license shall be renewed during the month of December each year. Such applications for renewal shall be made to the Director, in writing, on fonns prescribed by the Director, shall contain such infonnation a s will enable him to detennine if the applicant is qualified to continue to hold a license and shall be accompanied by a renewal fee of twenty- five doUars (125 .1. 11·11-9: HOBBY BREEDER OPERATION (al Operator's duties. Every person licensed under this ord in:o nn• t o operate as a hobby breeder shall : 11-11-10: Ill Maintain the premises and facilities in a sanitary condition. (21 Provide adequate ventilation for the facilities used for animals. (31 Provide adequate nutrition for and humane care and treatment of all dogs under his care and control RIGHT OF ENTRY ; INSPECTIONS It shall be lawful for the Animal Warden or any employee of the city who may be charged with the duty of making inapections of premises licensed under this ordinance or any employee of the County or District Health Department to enter upon the premises licensed under this ordinance and to inspect the same and inapect any records required to be kept by t!WI ordinance or regulations made pursuant thereto. 349 3·~·7 ti • I • - • • • 11-11-11 11-11-11 : • • • DENIAL, REVOCATION OR SUSPENSION OF LICENSE The Director may withhold, deny, revoke or IA!mporarily suspend for a period not t.o exceed one ~ 11 year any licenae issued or applied for in accordance with the provisions of this ordinance upon finding that licellllee has been guilty of the foUowing : ~a I The licellllee has been convicted oftwo ~21 violations of Section 11-11- 2 within a twelve-month period. (bl Material misstated in the application for a licenae or an application of renewal thereof. (cl The violation of any public health law of the state and failure t.o comply with any state act or health requirement relative t.o thtl humane treatment of dogs. (d) Failure t.o maintain sanitary conditions and the proper dispoSill of animal waste as may be required by the Colorado State Department of Health pursuant to Article 57, Title 12, Colorado Revised Statutes 1973, as amended. 11-11-12 : VACCINATION REQUIRED Each dog over six (61 months old shall be vaccinated qainat rabies, such vaccination t.o be repeated annually ther.fter. Dop shall be vaccinated by any veterinarian licensed t.o practice veterinary medicine. A c:ertific:ate of vac- cination in duplicate shall be completed by the veterinarian, one~~~ copy t.o be issued t.o the dog owner and one ( 11 to be retained in the veterinarian's files . (al Any dog in the custody of any police officer, Animal Warden or in the city pound shall be releeaed to the owner of said dog for a period of time not to exceed five ~51 days in order to obtain the vaccination of the dog. ~bl It shall be lawful for any police officer or Animal Warden to go on any premises in the city for the purpose of determining whether or not any dog or animal being harbored, maintained or kept on said premises is in violation of any of the provisions of this section. 11-11-13: RABIES SUSPECTS AND BITING DOGS Any dog or other animal which is suspected of having rabiel, or which has bitten a person or other animal may be impounded either in the pound or under the supervision of a licensed veterinarian, for observation. All fees for such impounding and observation shall be charged to the owner of such animal. 350 1·:11·71 • I • - ( • • (· • • • • 11 -11-16 (al Any dog or other animal impounded under the provisions of this section shall be placed in a suitable facility and quarantined for a period of not less than ten ( 101 days at the expense of the owner. (bl Any such animal impounded under the provisions of this section shall be destroyed upon determination that such animal is infected with rabies. 11-11-14 : RABIES SUSPECTS; DISPOSITIQN Dogs known to have been bitten or exposed to a rabid animal shall be : tal Immediately destroyed upon determination by a licensed veterinarian that the animal is rabid; or lbl Releued upon proof of immuniution and booster injections, given by a licelllled veterinarian. 11-11-15 : RECORDS; REPORTS The Police Department shall maintain a record of all animals, impounded , together with all fees collected. A monthly report shall be made to the Manager and all fees transmitted to the Treasurer daily. 11-11-16: VICIOUS DOGS; GUARD OR ATTACK DOGS (al It shall be unlawful for any person to keep or harbor a fierce or vicious dog. For the purposes of this chapter a "fiiii'Ce or vicious dog" is hereby defined and declared to be a dog that bites or attacks human beings or in a vicious and terrorizing manner allad<s. o r approaches, in an apparent attitude of attack, a person upon Lht! streets, sidewalks or any public ground or place or any private prop- erty other than the premises of the owner, poueseor or keeper of such dog, or a dog that runs after and bites or barks at horses, bicycles or any vehicle being ridden or driven upon the streets, sidewalks or any public ground or place within the city . (bl Dogs maintained as guard dogs or placed in an enclosed area for the protection of persons or property shall not be included under this section so long as they remain in this enclosed area and are com- pletely confined in a kennel, yard or other encloeed space when not being used as a guard dog. (cl All persons owning or controlling an attack or guard dog on premises within the municipality shall notify the Police Department in writing of the name of the owners or persons in control of such premises and the street address thereof. Such notification shall be furnished within 350 .1 0 I • - • • 11·11·17 • • • seventy-two (72) hours from the time said dog is brought to said premises. (d) Upon receipt of such notification, the Police Department shall furnish such information to the Fire Department of the city. (e) The owner, or other persona in control if not the owner, of all premises upon which attack and guard dogs are maintained shall post signs on, over or next to all exterior doors stating that such dogs are on the premises. At least one ( 1) such sign shall be posted at each driveway or entranceway to said premises. (f) If attack or guard dogs on said premises are owned or maintained thereon by any guard or security service, the signs aforesaid shall also contain the phone number of such service. No attack or guard dogs may be maintained in the municipality by such service unless the telephone for which such number is posted is manned by responsible personnel twenty-four (24) hours daily. (g) Said signs shall contain lettering clearly visible from either the curb· line or a distance of fifty (50) feet, whichever is lesser. ll·ll-17: BARKING DOG; HARBORING PROHIBITED No person shall keep or harbor a dog which by loud or frequent or habitual barking, yelping or howling shall cause a serious annoyance to the neigh- borhood or to people pusing to and from upon the streets or sidewalks. 11·11·18 : POISONING DOGS It shall be unlawful for any person to poison any dog or to ui~triuut.c poisuu in any manner whatsoever with intent or for the purpose of poisoning any dog. 11·11·19: POLICE DOGS It shall be unlawful for any person to willfully or maliciously torture, tor· ment. beat, kick , mutilate, injure, disable or kill any dog used by the Police Department in the performance of the functions and duties of such Department, or to unwarrantably interfere with or meddle with any such dog while being used by said Department or any officer or member thereof in the performance of any of the functions or duties of said Department or of such officer or member. 11·11·20 (Reserved) 350.2 !·211 ·78 • I • - ( • • (· • • • Article II -Animala in General (Ord. No. 18, § 2, Series 19721' 11·11·21: LIVESTOCK; RUNNING AT LARGE It shall be unlawful for the owner or any penon in charge of any livestock knowingly to cause or permit such livestock to graze or run at large within the city. All such animals shall be taken by the Animal Warden and impounded and dispoeed of as provided by state law. 11·11·22: ABANDONMENT OF ANIMALS It shall be unlawful for any penon to abandon any animal or to cause such to be done . 11·11·23: CRUELTY TO ANIMALS It shall be unlawful for any penon to overdrive, overload, drive when overloaded, overwork, torture, deprive of necessary sustenance, cruelly beat, mutilate or kill needleuly, or to carry in any vehicle or otherwiae transport in a cruel and inhuman manner, any animal. or to cause any of these acts to be done . It shall be unlawful for any penon having charge or custody of any animal to fail to provide it with proper food, drink and protection from the weather, or to cause any of ~ acta to be done. 11·11·24: MOLESTING BIRDS It shall be unlawful for any penon within the city to at any time frightt!n, shoot at, wound, kill, take, capture, enanare, net, trap or in any other manner moleet or injure any bird, fowl or water fowl, or in any manner molest or injure the neet, ea• or young of any such bird, fowl or water fowl. 11·11·25: DYED PETS: SALE, DISPLAY OR POSSESSION UNLAWFUL It shall be unlawful for any penon to poaaau. display, ..U or give away dyed, colored or in any way artificially treated baby chicka, ducklinga, fowls, rabbits or any anima1a u pl'tl, playtbingl, noveltiee or IPft.a. 1 IW*o'o Jll-1 ()NIM.-Jlle. II, loftooltrl. ........ -Altlelo U----M.l. ............. , ................... -. .., .... -~ 360.3 , I I I • - • • • • • • 11 -11-26 11-11-26: INDECENT EXHIBITION OF ANIMALS It shall be unlawful for any person to exhibit any stud horse or bull or other animal indecently. It shall be unlawful for any person to let any male animal to any female animal unless the same be done in some piKe wholly enclosed and out of public view . 11-11-27: ZOOLOGICAL PERMITS tal No person shall harbor, keep or sell or offer for sale any wild animal, wild bird, exotic pet, poisonous or dangerous reptile, snake or inMc:t without first obtaining a zoological permit from the City of Englewood. In issuing such permits, the city shall establish such reasonable rules and regulations and fees as are necesaary and proper for the safe control and management of the aforementioned animals, birds and reptiles. (bl The provisions of this section shall not apply to: ( 11 A bona fide publicly or privately owned zoological park. t21 A publicly owned animal pound. (31 A veterinary hospital. (41 A bona fide research institution using pet animals for a scientific research . 350.4 .... ,. I • .r