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Home My WebLink About1979-11-19 (Regular) Meeting Agenda- • • Ctn ce.cu. *KTDIG -a.plar .. uta~: lt, lt7t • • • 0 _/ - • • • • .. • CITY COUNCIL MEETING November 1~, 1979 ORDINANCE II y, K ~ 47. 4CJ RESOLUTION II ~ ~. 49, 50, 51 • 0 0 • I . - ,, • • • REGULAR MEETING: I ,/ • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO November 19, 1979 /tL The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on November 19, 1979, at 7:30p.m. The invocation was given by Councilman Donald L. R. Smith. The Pledge of Allegiance was led by Mayor Taylor. Municipal Judge Louis J. Parkinson was present and ad- ministered the oath of office to Council Member-Elect Mrs. Betty Keena, District IV, and Council Member-Elect Mr. Joe Bilo, At Large. The Council welcomed and congratulated Mrs. Keena and Mr. Bilo to their newly assigned offices. Mrs. Keena and Mr. Bilo introduced their respective family members who were in attendance for the installation ceremonies. Mayor Taylor asked for a roll call. Upon a call of the roll, the following were present: Council Members Giseburt, Smith, Keena, Clayton, Bilo, Taylor. Absent: Council Member Williams The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Municipal Judge Parkinson Director of Community Development Wanush Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 5, 1979. Council Member Giseburt sec- onded the motion. Upon a call of the roll, the vote resulted as follows: I • - - • • • November 19, 1979 Page 2 Ayes: Nays: Abstain: Absent: I , • • • Council Members Giseburt, Smith, Clayton, Taylor. None. Council Members Keena, Bilo. Council Member Williams. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER SMITH MOVED TO SUSPEND THE RULES FOR THE PURPOSE OF APPOINTING A MAYOR PRO TEM. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Giseburt, Smith, Keena, Clayton, Bilo, Taylor. Nays: None. Absent: Council Member Williams. The Mayor declared the motion carried. Mayor Taylor opened the floor for nominations for Mayor Pro Tern. Council Member Giseburt nominated Council Member Clayton. Council Member Bilo seconded the nomination. There were no other nominations. COUNCIL MEMBER GISEBURT MOVED TO CLOSE THE NOMINATIONS AND ELECT COUNCIL MEMBER CLAYTON AS MAYOR PRO TEM. Council Member Smith seconded the motion. Upon a call of the roll, the vote result-ed as follows: Ayes: Nays : Absent: Council Members Giseburt, Smith, Keena, Clayton, Bilo, Taylor. None. Council Member Williams. The Mayor declared the motion carried and declared Council Member Clayton as Mayor Pro Tern replacing Vern Mann. * * * * * * • .. I • - • • November 19, 1979 Page 3 ' / • • • Mr. Jerry Feather, President of John W's, was present and requested that the application for Liquor License Premise Remodeling for the Dart Board, 3467 South Broadway, be approved. COUNCIL MEMBER SMITH MOVED THAT THE APPLICATION FOR REMODELING BE APPROVED. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * There were no other visitors to be heard at this time. * * * * * * City Manager McCown introduced Gary R. Higbee, the newly appointed Director of Finance/ex officio City Clerk-Treasurer for the City of Englewood. The Council welcomed Mr. Higbee as the new Director of Finance and congratulated him on the appointment. * * * * * * "ColiiTIIlnications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) (e) Minutes of the Board of Adjustment and Appeals meeting of September 12, 1979 • Minutes of the Englewood Housing Authority meeting of October 3, 1979. Minutes of the Planning and Zoning Commission meeting of October 16, 1979. Minutes of the Denver Regional Council of Governments meeting of October 17, 1979. Memorandum from the Director of Community Development to the City Manager concerning I • - • • • November 19, 1979 Page 4 (f) (g) • • • the Executive Director's -Housing-attend- ance at the NAHRO Mountain Plains Regional Conference in August at Bismark, North Dakota. Memorandum from the City Manager to City Coun- cil concerning attendance of himself, Assist- ant City Manager and Administrative Assistant at the Annual ICMA Conference in Phoenix, Arizona. Memorandum from the Municipal Court Judge to the City Manager concerning the Activity Report for the month of October, 1979. * * * * * * Director of Community Development Wanush presented a recommendation from the Planning and Zoning Commission meeting of September 5, 1979, concerning the vacation of the Acoma/Bannock alley just north of West Jefferson Avenue. Mr. Wanush stated Mr. Davis who was still in Alaska was requesting that the matter be postponed until January, 1980. COUNCIL MEMBER CLAYTON MOVED THAT THE MATTER BE DELAYED UNTIL THE SECOND REGULAR COUNCIL MEETING IN JANUARY, 1980. Coun- cil Member Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. Nays: None. Absent: Council Member Williams, The Mayor declared the motion carried • * * * * * * Mayor Taylor recognized the new Council Members-Elect who were in the audience. They were: Tom Fitzpatrick District I John Neal District II Jim Higday District III Beverly Bradshaw At Large Gene Otis At Large * * * * * * I • - - , .. • • • • ' • November 19 , 1979 Page 5 • • • City Manager McCown presented a memorandum from the Di- rector of Finance concerning various liquor license renewals. COUNCIL MEMBER GISEBURT MOVED TO GRANT LIQUOR LICENSE RENEWALS TO THE FOLLOWING: NAME ADDRESS TYPE mnf'1iARBOR 3484 s. BROADWAY ntV!RN BELLEVIEW BOWL 4900 s. FEDERAL BLVD. TAVERN DART BOARD 3467 s. BROADWAY TAVERN ENGLEWOOD ELKS LODGE 3690 s. JASON CLUB FRATERNAL ORDER OF EAGLES 3383 S. BROADWAY CLUB GLASS BOTTLE LIQUORS 336 W. HAMPDEN AVE. RETAIL STORE LIQ. HAMPDEN WEST 3517 s. ELATI HOTEL/RES- TAURANT HILDA'S CAFE 4386 s. BROADWAY TAVERN KNIGHTS OF COLUMBUS 3800 s. WINDERMERE CLUB M D DRUG STORE 2895 s. BROADWAY DRUG STORE SOUTH RESTAURANT 3535 s. HURON HOTEL/RES- SUPREME LIQUORS 5112 s. TAURANT BROADWAY RETAIL LIQ. THOROBRED LIQUORS 5050 s. STORE FEDERAL BLVD. RETAIL LIQ. STORE V.F.W.-ENGLEWOOD POST 322 3860 s. JASON CLUB ZIMMERMAN'S RESTAURANT & 2796 s. BROADWAY HOTEL/RES-LOUNGE TAURANT Council Member Bilo seconded the motion. Council Member Smith queried why the incident at Thoro- bred Liquors had not been investigated further and stated the in- cident suggested possible l i quor violation. Upon a call of the roll, the vote on Council Member Giseburt's motion resulted as follows: Ayes : Nays : Absent: Council Members Giseburt, Keena, Bilo, Clayton, Taylor. Council Member Smith. Council Member Williams. The Mayor declared the motion carried. * * * * * * Director of Community Development Wanush presented a memorandum concerning an Intergovernmental Personnel Action Re- • I . • - - • • • November 19, 1979 Page 6 • • • quest. Mr. Wanush requested that a letter be submitted to the Regional Administrator, Department of Housing and Urban Develop- ment regarding an Intergovernmental Personnel Action assignment of a member of the Housing Production Staff to the City of Engle- wood to be assigned to the Community Development Department. Di- rector Wanush stated the purpose of the request was for an addi- tional person in the Housing Division. Director Wanush stated the contract would be for one year and the employee's salary would be shared by both the federal government and the City. City funds could be made available through the Community Development Block Grant Program that the City has already received. COUNCIL MEMBER CLAYTON MOVED TO PASS THE REQUEST FOR ADDITIONAL PERSONNEL FROM HUD. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. ORDINANCE NO. 44 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 44 INTRODUCED BY COUNCIL MEMBER CLAYTON AN ORDINANCE AMENDING SUBSECTION (a) (8) OF SECTION 9, CHAPTER 4, TITLE XV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY INCREASING THE SCHEDULE OF RATES AND CHARGES FOR SEWERAGE SERVICE • COUNCIL MEMBER CLAYTON MOVED TO PASS COUNCIL BILL NO. 44, SERIES OF 1979, ON FINAL READING. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams • I • - • • • November 19, 1979 Page 7 .. • • • The Mayor declared the motion carried. ORDINANCE NO. 4S SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 4S INTRODUCED BY COUNCIL MEMBER CLAYTON 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 IMPOUND- MENT, LICENSING, HOBBY BREEDERS OPERATION, VACCINATION, RECORDS, CRUELTY TO ANIMALS; AND PROVIDING PENALTIES FOR VIOLATIONS THERE-OF. COUNCIL MEMBER CLAYTON MOVED TO PASS COUNCIL BILL NO. 4S, SERIES OF 1979, ON FINAL READING. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. ORDINANCE NO. 46 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. SO INTRODUCED BY COUNCIL MEMBER SMITH AN ORDINANCE AMENDING CHAPTER 2, TITLE XIV, OF '69 E.M.C. (MODI- FICATION TO MODEL TRAFFIC RULES) BY ADDING A NEW SECTION THERETO RELATING TO RESIDENTIAL ON-STREET PARKING PERMITS. COUNCIL MEMBER SMITH MOVED TO PASS COUNCIL BILL NO. SO, SERIES OF 1979, ON FINAL READING. Council Member Clayton seconded the motion. Council Member Giseburt spoke against the passage of the ordinance on the basis that residents should not be charged a fee for a permit to park in front of their property • • I . • - • • November 19, 1979 Page 8 • • • Upon a call of the roll, the vote on Council Member Smith's motion resulted as follows: Ayes: Nays: Absent: Council Members Smith, Keena, Bilo, Clayton, Taylor. Council Member Giseburt. Council Member Williams. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER SMITH AN ORDINANCE AMENDING CHAPTER 9, ARTICLE XI, BY ADDING A NEW SECTION RELATING TO SHOPLIFTING AND RIGHT TO DETAIN AND QUES-TION AND DECLARING AN EMERGENCY. COUNCIL MEMBER SMITH MOVED TO PASS COUNCIL BILL NO. 49, SERIES OF 1979, ON FIRST READING. Council Member Giseburt sec-onded the motion. A lengthly discussion ensued with Council Member Clayton opposing the bill on the basis that the court are presently over-loaded with cases of minimal theft. Upon a call of the roll, the vote on Council Member Smith's motion resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Taylor. Council Member Clayton. Council Member Williams. The Mayor declared the motion carried and stated the the bill passed without the emergency clause since it did not receive an unanimous vote. * * * * * * I • - • • • November 19, 1979 Page 9 ORDINANCE NO. SERIES OF 1979-- ' ,/ • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER GISEBURT AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY CONTAINED IN BLOCK 4, BANK ADDITION, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO, AND RETAINING EASEMENTS THEREIN. COUNCIL MEMBER GISEBURT MOVED TO PASS COUNCIL BILL NO. 51, SERIES OF 1979, ON FIRST READING. Council Member Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 52 INTRODUCED BY COUNCIL MEMBER GISEBURT AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY . CONTAINED IN TIMBER LEA PLANNED DEVELOPMENT AREA WITHIN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO • COUNCIL MEMBER GISEBURT MOVED TO PASS COUNCIL BILL NO. 52, SERIES OF 1979, ON FIRST READING. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. • I . - - • • • November 19, 1979 Page 10 Absent: , " • • • Council Member Williams. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 53 INTRODUCED BY COUNCIL MEMBER SMITH AN ORDINANCE VACATING A PORTION OF WEST QUINCY PLACE CONTAINED WITHIN HAYES SUBDIVISION IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORAOO. COUNCIL MEMBER SMITH MOVED TO PASS COUNCIL BILL NO. 53, SERIES OF 1979, ON FIRST READING. Council Member Giseburt sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 9:30 p.m. The Coun- cil reconvened at 9:45 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. Absent : Council Member Williams. The Mayor declared a quorum present. RESOLUTION NO. 47, SERIES OF 1979 * * * * * * A RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE ENGLEWOOD MUNICIPAL GOLF COURSE • I . - • • • November 19, 1979 Page 11 I ,/ • • • COUNCIL MEMBER SMITH MOVED TO PASS RESOLUTION NO. 47, SERIES OF 1979. Council Members Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. RESOLUTION NO. 48 SERIES OF 1979 * * * * * * A RESOLUTION APPOINTING THE LAW FIRM OF DAMAS AND SMITH AS SPECIAL COUNSEL FOR THE PURPOSE OF PRESENTING A PETITION FOR UNIT DETER- MINATION TO THE CAREER SERVICE BOARD OF THE CITY OF ENGLEWOOD, COLORADO. City Attorney Berardini and City Manager McCown explained the purpose of their request for special counsel to assist and to present, on behalf of the City, a Petition for Unit Determination before the Career Service Board and other consultive and advisory services during the period the Petition is pending before the Board as it relates to a situation whereby a group of City employees identified as "Mid-Managers" desire to withdraw from formal re- presentation by each of the three employee organizations. City Manage McCown informed Council that this request might qualify for additional time than what was used for the law firm's ser- vices during labor negotiations earlier this year without direct cost to the City under the Public Employers Groups, Inc. (P.E.G.). COUNCIL MEMBER SMITH MOVED TO PASS RESOLUTION NO. 48, SERIES OF 1979. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * I • - I / • • • November 19, 1979 Page 12 City Manager McCown asked for clarification on what qualified a Council Member to be eligible to vote on the liquor license application for Old Town Liquors. City Attorney Berardini stated the vote to approve or deny must be of a majority of those Council Members who heard the hearing. * * * * * * City Manager McCown presented a memorandum from the Di- rector of Community Development concerning authorizing admini- strative approval of encroachment requests that do not involve non-movable structures in the public right-of-way. COUNCIL MEMBER SMITH MOVED TO INSTRUCT THE CITY AT- TORNEY TO PREPARE AN ORDINANCE CONTAINING AN EMERGENCY CLAUSE IMPLEMENTING THE RECOMMENDATION ON ENCROACHMENT PROCEDURE FROM DIRECTOR OF COMMUNITY DEVELOPMENT DATED OCTOBER 22, 1979. Coun- cil Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum concerning the Building Code Review Committee appointments. COUNCIL MEMBER SMITH MOVED TO APPOINT FRED JANSSEN AS ONE OF THE CITIZENS TO SIT ON THE COMMITTEE. Council Member Clayton seconded the motion. Council Members Giseburt, Keena, and Smith discussed obtaining more information and background on each applicant and possibly interviewing them before making the appointments. Upon a call of the roll, the vote on Council Member Smith's motion resulted as follows: Ayes: Council Members Smith, Clayton. Nays : Council Members Giseburt, Keena, Bilo, Taylor. • I • - • • • November 19, 1979 Page 13 Absent : • • • Council Member Williams. The Mayor declared the motion defeated. In response to questions from Council Members Keena and Bilo, City Manager McCown stated appointments should be made by the end of February of 1980. Director of Community Development Wanush stated if the appointments were delayed there would be no significant impact. COUNCIL MEMBER SMITH MOVED TO POSTPONE THE MATTER UNTIL THE FIRST MEETING IN JANUARY, 1980. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed a letter from Mountain States concerning the 1979 Annual Western Cable Television Show and Convention, December 12 -13, 1979, in Anaheim, California. The letter urged people in the Denver area to attend for the pur- pose of updating knowledge of cable television capabilities. Mr. McCown stated Mountain States has offered to pay the expenses for the trip. Mr. McCown recommended that a staff member, one or two Council Members and himself go the exhibit and that the ex- penses be paid for by the City. COUNCIL MEMBER SMITH MOVED TO APPROPRIATE THE MONEY FOR THE CITY MANAGER AND TWO COUNCIL MEMBERS -ELECT WHICH IN- CLUDE COUNCIL MEMBER KEENA AND COUNCIL MEMBER BILO BE ALLOWED TO ATTEND THE 1979 ANNUAL WESTERN CABLE TELEVISION SHOW IN ANAHEIM ON THE 12TH AND 13TH OF DECEMBER AND THAT THE CITY OF ENGLEWOOD PAY THE EXPENSES FOR THE TRIP; AND THAT THE COUNCIL- ELECT AND THE TWO SEATED COUNCIL MEMBERS BE ALLOWED TO PICK FROM AMONG THEMSELVES WHO WOULD GO. Council Member Clayton seconded the motion. Upon a call of the roll , the vote resulted as fol- lows : Ayes: Council Members Smith, Keena, Bilo, Clayton, Taylor. • I • - • November 19 , 1979 Page 14 Nays : Absent: • • • Council Member Giseburt. Council Member Williams. The Mayor declared the motion carried. * * * * * * City Manager McCown stated the annual Christmas party for the employees and Council was scheduled for December 17, 1979, which was the date for the last Council meeting in December. Mr. McCown requested that the Council meeting be reset for the fol- lowing night, December 18, 1979. Mr. McCown stated Council-elect as well as the present Council were invited to attend and to make arrangements with his office. COUNCIL MEMBER SMITH MOVED TO SCHEDULE A SPECIAL COUN- CIL MEETING FOR DECEMBER 18, 1979, AT 7 :30 P.M. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked for an appointment of a Council Mem- ber to attend the NCL meeting in Las Vegas the latter part of the week whether it be Vern Mann who was previously designated to go but no longer on the City Council or designate a replacement. Mayor Taylor also asked for direction on sending a letter to Mr. Mann in-forming him of Council's decision. COUNCIL MEMBER CLAYTON MOVED THAT COUNCIL AUTHORIZE ONE OF THE TWO NEW COUNCIL MEMBERS OR THE COUNCIL MEMBERS-ELECT TO AT- TEND THE NATIONAL LEAGUE OF CITIES CONFERENCE IN LAS VEGAS, NOVEMBER 24 -28, 1979; AND THAT DUE TO THE FACT THAT COUNCIL MEMBER MANN IS NO LONGER A MEMBER OF COUNCIL THAT A NOTIFICATION OF THIS ACTION BE SENT TO COUNCIL MEMBER MANN; AND THAT IF NONE OF THE NEW COUNCIL MEMBERS WHETHER COUNCIL MEMBERS-SEATED OR COUNCIL MEMBERS-ELECT ARE ABLE TO GO THAT MR. MCCOWN BE ALLOWED TO ATTEND. Council Member Smith seconded the motion. Upon a call of the roll, the vote re-sulted as follows : I • - - ' ' • • ' • I / • • • November 19, 1979 Page 15 Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried and requested that the new Council Members inform the City Manager of their choice as soon as possible. * * * * * * Mayor Taylor stated the Mayor's Christmas party was set for December 7, 1979. The tree lighting ceremonies would begin at 7:00 p.m. followed by a Christmas party. * * * * * * Mayor Taylor informed the Council Members-Elect to remove the contents of their packet followinf each Council meeting and re- turn the notebook to the City Manager s office for preparation of the next meeting. * * * * * * Mayor Taylor requested all Council Members to return their Municipal Code books to the City Manager's office. * * * * * * There was no further business to be discussed. * * * * * * 9:30 p.m • COUNCIL MEMBER GISEBURT MOVED TO ADJOURN THE MEETING. Mayor Taylor adjourned the meeting without a vote at • I • v_lo ___ _ - - • • • REGULAR MEETING : • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO November 19, 1979 /a_ The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on November 19, 1979, at 7 :30 p.m. The invocation was given by Councilman Donald L. R. Smith. The Pledge of Allegiance was led by Mayor Taylor. Municipal Judge Louis J. Parkinson was present and ad- ministered the oath of office to Council Member-Elect Mrs. Betty Keena, District IV, and Council Member-Elect Hr. Joe Bilo, At Large. The Council welcomed and congratulated Mrs. Keena and Hr. Bilo to their newly assigned offices. Mrs. Keena and Hr. Bilo introduced their respective family members who were in attendance for the installation ceremonies. Mayor Taylor asked for a roll call. Upon a call of the roll, the following were present : Council Members Giseburt, Smith, Keena, Clayton, Bilo, Taylor. Absent : Council Member Williams The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Curnes City Attorney Berardini Municipal Judge Parkinson Director of Community Development Wanush Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 5, 1979. Council Member Giseburt sec- onded the motion. Upon a call of the roll, the vote resulted as follows: • I • ....... • • November 19, 1979 Page 2 Ayes: Nays : Abstain : Absent : 1 / • • Council Memb e rs Gi seburt , Smith, Clayton, Taylor. None. Council Members Keena, Bilo. Council Memb e r Williams. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER SMITH MOVED TO SUSPEND THE RULES FOR THE PURPOSE OF APPOINTING A MAYOR PRO TEM. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Giseburt, Smith , Keena, Clayton, Bilo, Taylor. None. Council Member Williams. The Mayor declared the motion carried. Mayor Taylor opened the floor for nominations for Mayor Pro Tern. Council Member Giseburt nominated Council Member Clayton. Council Member Bilo seconded the nomination. There were no other nominations. COUNCIL MEMBER GISEBURT MOVED TO CLOSE THE NOMINATIONS AND ELECT COUNCIL MEMBER CLAYTON AS MAYOR PRO TEM. Council Member Smith seconded the motion. Upon a call of the roll , the vote result-ed as follows: Ayes: Nays : Absent : Council Members Gi seburt , Smith , Keena, Clayton, Bilo , Taylor. None. Council Member Williams. The Mayor declared the motion carried and declared Council Member Clayton as Mayor Pro Tern replacing Vern Mann. * * * * * * I • - - November 19, 1979 Page 3 • • • Mr. Jerry Feather, President of John W's, was present and requested that the application for Liquor License Premise Remodeling for the Dart Board, 3467 South Broadway, be approved. COUNCIL MEMBER SMITH MOVED THAT THE APPLICATION FOR REMODELING BE APPROVED. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * There were no other visitor• to be heard at this time. * * * * * * City Manager McCown introduced Gary R. Higbee, the newly appointed Director of Finance/ex officio City Clerk-Treasurer for the City of Englewood. The Council welcomed Mr. Higbee as the new Director of Finance and congratulated him on the appointment. * * * * * * "CoUIIIUnications -No Action RecoUIIlended" on the agenda were received: (a) (b) (c) (d) (e) Minutes of the Board of Adjustment and Appeals meeting of September 12, 1979. Minutes of the Englewood Housing Authority meeting of October 3, 1979. Minutes of the Planning and Zoning CoUIIlission meeting of October 16, 1979. Minutes of the Denver Regional Council of Governments meeting of October 17, 1979. Memorandum from the Director of CoUIIlUnity Development to the City Manager concerning I • • - • • • November 19, 1979 Page 4 (f) (g) • • • the Executive Director's -Housing-attend- ance at the NAHRO Mountain Plains Regional Conference in August at Bismark, North Dakota. Memorandum from the City Manager to City Coun- cil concerning attendance of himself, Assist- ant City Manager and Administrative Assistant at the Annual ICMA Conference in Phoenix, Arizona. Memorandum from the Municipal Court Judge to the City Manager concerning the Activity Report for the month of October, 1979. * * * * * * Director of Community Development Wanush presented a recommendation from the Planning and Zoning Commission meeting of September 5, 1979, concerning the vacation of the Acoma/Bannock alley just north of West Jefferson Avenue. Mr. Wanush stated Mr. Davis who was still in Alaska was requesting that the matter be postponed until January, 1980. COUNCIL MEMBER CLAYTON MOVED THAT THE MATTER BE DELAYED UNTIL THE SECOND REGULAR COUNCIL MEETING IN JANUARY, 1980. Coun- cil Member Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. Nays: None. Absent: Council Member Williams. The Mayor declared the motion carried • * * * * * * Mayor Taylor recognized the new Council Hembers-Elect who were in the audience. They were: Tom Fitzpatrick District I John Neal District II Jim Higday District III Beverly Bradshaw At Large Gene Otis At Large * * * * * * I • - • • November 19, 1979 Page 5 • • • City Manager McCown presented a memorandum from the Di- rector of Finance concerning various liquor license renewals. COUNCIL MEMBER GISEBURT MOVED TO GRANT LIQUOR LICENSE RENEWALS TO niE FOLLOWING: IWIE ~RESS TYPE Ulr\WlBOR 3484 s. BROADWAY nm:RN BELLEVIEW BOWL 4900 s. FEDERAL BLVD. TAVERN DART BOARD 3467 s. BROADWAY TAVERN ENGLEWOOD ELKS LODGE 3690 s. JASON CLUB FRATERNAL ORDER OF EAGLES 3383 S. BROADWAY CLUB GLASS BOTTLE LIQUORS 336 W. HAMPDEN AVE. RETAIL LIQ. STORE HAMPDEN WEST 3517 s. ELATI HOTEL/RES- TAURANT HILDA'S CAFE 4386 s. BROADWAY TAVERN KNIGHTS OF COLUMBUS 3800 s. WINDERMERE CLUB M D DRUG STORE 2895 s. BROADWAY DRUG STORE SOUTH RESTAURANT 3535 s. HURON HOTEL/RES- TAURANT SUPREME LIQUORS 5112 s. BROADWAY RETAIL LIQ. STORE THOROBRED LIQUORS 5050 s. FEDERAL BLVD. RETAIL LIQ. STORE V.F.W.-ENGLEWOOD POST 322 3860 s. JASON CLUB ZIMMERMAN'S RESTAURANT & 2796 s. BROADWAY HOTEL/RES- LOUNGE TAURANT Council Member Bilo seconded the motion. Council Member Smith queried why the incident at Thoro- bred Liquors had not been investigated further and stated the in- cident suggested possible liquor violation. Upon a call of the roll, the vote on Council Member Giseburt's motion resulted as follows: Ayes : Nays : Absent : Council Members Giseburt, Keena, Bilo, Clayton, Taylor. Council Member Smith. Council Member Williams. The Mayor declared the motion carried. * * * * * * Director of Community Development Wanush presented a memorandum concerning an Intergovernmental Personnel Action Re- I - • • • November 19, 1979 Page 6 • • • quest. Mr. Wanush requested that a letter be submitted to the Regional Administrator, Department of Housing and Urban Develop- ment regarding an Intergovernmental Personn e l Action assignment of a member of the Housing Production Staff to the City of Engle- wood to be assigned to the Community Development Department. Di- rector Wanush stated the purpose of the request was for an addi- tional person in the Housing Division. Director Wanush stated the contract would be for one year and the employee's salary would be shared by both the federal government and the City. City funds could be made available through the Community Development Block Grant Program that the City has already received. COUNCIL MEMBER CLAYTON MOVED TO PASS THE REQUEST FOR ADDITIONAL PERSONNEL FROM HUD. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. ORDINANCE NO. 44 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 44 INTRODUCED BY COUNCIL MEMBER CLAYTON AN ORDINANCE AMENDING SUBSECTION (a) (8) OF SECTION 9, CHAPTER 4, TITLE XV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY INCREASING THE SCHEDULE OF RATES AND CHARGES FOR SEWERAGE SERVICE • COUNCIL MEMBER CLAYTON MOVED TO PASS COUNCIL BILL NO. 44 , SERIES OF 1979, ON FINAL READING. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor • None. Council Member Williams • I • - • • • November 19, 1979 Page 7 I , • • • The Mayor declared the motion carried. ORDINANCE NO. 45 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 45 INTRODUCED BY COUNCIL MEMBER CLAYTON 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 IMPOUND- MENT, LICENSING, HOBBY BREEDERS OPERATION, VACCINATION, RECORDS, CRUELTY TO ANIMALS; AND PROVIDING PENALTIES FOR VIOLATIONS THERE-OF. COUNCIL MEMBER CLAYTON MOVED TO PASS COUNCIL BILL NO. 45, SERIES OF 1979, ON FINAL READING. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. ORDINANCE NO. 46 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER SMITH AN ORDINANCE AMENDING CHAPTER 2, TITLE XIV, OF '69 E.M.C. (MODI- FICATION TO MODEL TRAFFIC RULES) BY ADDING A NEW SECTION THERETO RELATING TO RESIDENTIAL ON-STREET PARKING PERMITS. COUNCIL MEMBER SMITH MOVED TO PASS COUNCIL BILL NO. SO, SERIES OF 1979, ON FINAL READING. Council Member Clayton seconded the motion. Council Member Giseburt spoke against the passage of the ordinance on the basis that residents should not be charged a fee for a permit to park in front of their property • I . - • • • November 19 , 1979 Page 8 • • • Upon a call of the roll , the vote on Council Member Smith's motion resulted as follows : Ayes : Nays: Absent: Council Members Smith , Keena, Bilo, Clayton, Taylor. Council Member Giseburt. Council Member Williams. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER SMITH AN ORDINANCE AMENDING CHAPTER 9, ARTICLE XI, BY ADDING A NEW SECTION RELATING TO SHOPLIFTING AND RIGHT TO DETAIN AND QUES-TION AND DECLARING AN EMERGENCY. COUNCIL MEMBER SMITH MOVED TO PASS COUNCIL BILL NO. 49, SERIES OF 1979, ON FIRST READING. Council Member Giseburt sec-onded the motion. A lengthly discussion ensued with Council Member Clayton opposing the bill on the basis that the court are presently over-loaded with cases of minimal theft. Upon a call of the roll, the v ote on Council Member Smith's motion resulted as follows: Ayes : Nays : Absent: Council Members Giseburt, Smith, Keena, Bilo, Taylor. Council Member Clayton. Council Member Williams. The Mayor declared the motion carried and stated the the bill passed without the emergerycy clause since it did not receive an unanimous vote. * * * * * * I • - • November 19, 1979 Page 9 ORDINANCE NO. SERIES OF 1979-- • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER GISEBURT AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY CONTAINED IN BLOCK 4, BANK ADDITION, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADo, AND RETAINING EASEMENTS THEREIN. COUNCIL MEMBER GISEBURT MOVED TO PASS COUNCIL BILL NO. 51, SERIES OF 1979, ON FIRST READING. Council Member Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 52 INTRODUCED BY COUNCIL MEMBER GISEBURT AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY CONTAINED IN TIMBER LEA PLANNED DEVELOPMENT AREA WITHIN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. COUNCIL MEMBER GISEBURT MOVED TO NO. 52, SERIES OF 1979, ON FIRST READING. Keena seconded the motion. Upon a call of vote resulted as follows: PASS COUNCIL BILL Council Member the roll, the Ayes : Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. Nays : None. • I • - • • • November 19, 1979 Page 10 Absent: I • • • • Council Member Williams. The Mayor declared th e motion carried. ORDINANCE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 53 INTRODUCED BY COUNCIL MEMBER SMITH AN ORDINANCE VACATING A PORTION OF WEST QUINCY PLACE CONTAINED WITHIN HAYES SUBDIVISION IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. COUNCIL MEMBER SMITH MOVED TO PASS COUNCIL BILL NO. 53, SERIES OF 1979, ON FIRST READING. Council Member Giseburt sec- onded the motion. Upon a call of the roll , the vote resulted as follows: Ayes : Nays : Absent : Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 9 :30 p.m. The Coun- cil reconvened at 9:45 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Giseburt, Smith , Ke ena, Bi lo, Clayton, Taylor. Absent : Council Member Williams. The Mayor declared a quorum present. RESOLUTION NO. 47, SERIES OF 1979 * * * * * * A RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE ENGLEWOOD MUNICIPAL GOLF COURSE • I • - - ( • November 19, 1979 Page 11 f ; • • • COUNCIL MEMBER SMITH MOVED TO PASS RESOLUTION NO. 47, SERIES OF 1979. Council Members Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. RESOLUTION NO. 48 SERIES OF 1979 * * * * * * A RESOLUTION APPOINTING THE LAW . FIRM OF DAMAS AND SMITH AS SPECIAL COUNSEL FOR THE PURPOSE OF PRESENTING A PETITION FOR UNIT DETER- MINATION TO THE CAREER SERVICE BOARD OF THE CITY OF ENGLEWOOD, COLORADO. City Attorney Berardini and City Manager McCown explained the purpose of their request for special counsel to assist and to present, on behalf of the City, a Petition for Unit Determination before the Career Service Board and other consultive and advisory services during the period the Petition is pending before the Board as it relates to a situation whereby a group of City employees identified as "Mid-Managers" desire to withdraw from formal re- presentation by each of the three employee organizations. City Manage McCown informed Council that this request might qualify for additional time than what was used for the law firm's ser- vices during labor negotiations earlier this year without direct cost to the City under the Public Employers Groups, Inc. (P.E.G.). COUNCIL MEMBER SMITH MOVED TO PASS RESOLUTION NO. 48, SERIES OF 1979. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * I • - • • • November 19, 1979 Page 12 • • • City Manager McCown asked for clarification on what qualified a Council Member to be eligible to vote on the liquor license application for Old Town Liquors. City Attorney Berardini stated the vote to approve or deny must be of a majority of those Council Members who heard the hearing. * * ~ ~ * * City Manager McCown presented a memorandum from the Di- rector of Community Development concerning authorizing admini- strative approval of encroachment requests that do not involve non-movable structures in the public right-of-way. COUNCIL MEMBER SMITH MOVED TO INSTRUCT THE CITY AT- TORNEY TO PREPARE AN ORDINANCE CONTAINING AN EMERGENCY CLAUSE IMPLEMENTING THE RECOMMENDATION ON ENCROACHMENT PROCEDURE FROM DIRECTOR OF COMMUNITY DEVELOPMENT DATED OCTOBER 22, 1979. Coun- cil Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. City Manager McCown presented a memorandum concerning the Building Code Review Committee appointments. COUNCIL MEMBER SMITH MOVED TO APPOINT FRED JANSSEN AS ONE OF THE CITIZENS TO SIT ON THE COMMITTEE. Council Member Clayton seconded the motion. Council Members Giseburt, Keena, and Smith discussed obtaining more information and background on each applicant and possibly interviewing them before making the appointments. Upon a call of the roll, the vote on Council Member Smith's motion resulted as follows: Ayes: Nays: Council Members Smith, Clayton. Council Members Giseburt, Keena, Bilo, Taylor. • I • - • • ( • November 19, 1979 Page 13 Absent : • • • Council Member Williams. The Mayor declared the motion defeated. In response to questions from Council Members Keena and Bilo, City Manager McCown stated appointments should be made by the end of February of 1980. Director of Community Development Wanush stated if the appointments were delayed there would be no significant impact. COUNCIL MEMBER SMITH MOVED TO POSTPONE THE MATTER UNTIL THE FIRST MEETING IN JANUARY, 1980. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays : Absent : Council Members Giseburt, Smith, Keena, Bilo , Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed a letter from Mountain States concerning the 1979 Annual Western Cable Television Show and Convention, December 12 -13, 1979, in Anaheim, California. The letter urged people in the Denver area to attend for the pur- pose of updating knowledge of cable television capabilities. Mr. McCown stated Mountain States has offered to pay the expenses for the trip. Mr. McCown recommended that a staff member, one or two Council Members and himself go the exhibit and that the ex-penses be paid for by the City. COUNCIL MEMBER SMITH MOVED TO APPROPRIATE THE MONEY FOR THE CITY MANAGER AND TWO COUNCIL MEMBERS -ELECT WHICH IN- CLUDE COUNCIL MEMBER KEENA AND COUNCIL MEMBER BILO BE ALLOWED TO ATTEND THE 1979 ANNUAL WESTERN CABLE TELEVISION SHOW IN ANAHEIM ON THE 12TH AND 13TH OF DECEMBER AND THAT THE CITY OF ENGLEWOOD PAY THE EXPENSES FOR THE TRIP ; AND THAT THE COUNCIL- ELECT AND THE TWO SEATED COUNCIL MEMBERS BE ALLOWED TO PICK FROM AMONG THEMSELVES WHO WOULD GO. Council Member Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes : Council Members Smith, Keena, Bilo, Clayton, Taylor. • I • - • • November 19, 1979 Page 14 Nays: Absent: • • • Council Member Giseburt. Council ~1ember Williams. The Mayor declared the motion carried. * * * * * * City Manager McCown stated the annual Christmas party for the employees and Council was scheduled for December 17, 1979, which was the date for the last Council meeting in December. Mr. McCown requested that the Council meeting be reset for the fol- lowing night, December 18, 1979. Mr. McCown stated Council-elect as well as the present Council were invited to attend and to make arrangements with his office. COUNCIL MEMBER SMITH MOVED TO SCHEDULE A SPECIAL COUN- CIL MEETING FOR DECEMBER 18, 1979, AT 7:30 P.M. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked for an appointment of a Council Mem- ber to attend the NCL meeting in Las Vegas the latter part of the week whether it be Vern Mann who was previously designated to go but no longer on the City Council or designate a replacement. Mayor Taylor also asked for direction on sending a letter to Mr. Mann in- forming him of Council's decision. COUNCIL MEMBER CLAYTON MOVED THAT COUNCIL AUTHORIZE ONE OF THE TWO NEW COUNCIL MEMBERS OR THE COUNCIL MEMBERS-ELECT TO AT- TEND THE NATIONAL LEAGUE OF CITIES CONFERENCE IN LAS VEGAS, NOVEMBER 24 -28, 1979; AND THAT DUE TO THE FACT THAT COUNCIL MEMBER MANN IS NO LONGER A MEMBER OF COUNCIL THAT A NOTIFICATION OF THIS ACTION BE SENT TO COUNCIL MEMBER MANN; AND THAT IF NONE OF THE NEW COUNCIL MEMBERS WHETHER COUNCIL ~ffiMBERS-SEATED OR COUNCIL MEMBERS-ELECT ARE ABLE TO GO THAT MR. MCCOWN BE ALLOWED TO ATTEND. Council Member Smith seconded the motion. Upon a call of the roll, the vote re-sulted as follows: • I • - - ( • , / • • • November 19, 1979 Page 15 Ayes: Nays: Absent : Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried and requested that the new Council Members inform the City Manager of their choice as soon as possible. * * * * * * Mayor Taylor stated the Mayor's Christmas party was set for December 7, 1979. The tree lighting ceremonies would begin at 7 :00 p.m. followed by a Christmas party. * * * * * * Mayor Taylor informed the Council Members-Elect to remove the contents of their packet following each Council meeting and re- turn the notebook to the City Manager's office for preparation of the next meeting. * * * * * * Mayor Taylor requested all Council Members to return their Municipal Code books to the City Manager's office. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER GISEBURT MOVED TO ADJOURN THE MEETING. 9:30 p.m. Mayor Taylor adjourned the meeting without a vote at I • - ( • • ( • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL NOVEMBER 19, 1979 ~?1-ui1ll-11 ~xfiwd') 7:30P.M. Call to order, invocation by D~ ua~old WarRar, First Christian Church, 3190 South Grant Street, pledge of allegiance by Bey Seeot ~toop #154, and roll call. fh~~~ 1. Oath of Office. (a) Judge Louis J. Parkinson, Englewood Municipal Court, will be present to administer the Oath of Office to Mrs. Betty Keena 1 the newly-elected Council Hember to represent Dl.Strict IV, and Mr. Joe Bilo, the newly-elected Council Member to represent Englewood At Large. 2. Minutes. (a) Minutes of the regular meeting of November 5, 1979 . (Copies enclosed.) 3. Pre-Scheduled Visitors. (a) Mr. Jerry Feather, President of John W's, will be present to request that the application for Liquor License Premise Remodeling for the Dart Board, 3467 South Broadway, be approved . (Copies enclosed.) 4 . Other Visitors.-~~ 5. Public Hearing. 6. Communications -No Action Recommended. (a) Minutes of the Board of Adjustment and Appeals meeting of September 12, 1979. (Copies enclosed.) I - - ( • • ( • • • • Page 2 November 19, 1979 Agenda 6. Communications-No Action Recommended (Continued). (b) Minutes of the Englewnod Housing Authority meeting of October 3, 1979. (Copies enclosed.) (c) Minutes of the Planning and Zoning Commission meeting of October 16, 1979. (Copies enclosed.) (d) Minutes of the Denver Regional Council of Governments meeting of October 17, 1979. (Copies enclosed .) (e) Memorandum from the Director of Community Development to the City Manager concerning the Executive Director's -Housing -attendance at the NAHRO Mountain Plains Regional Conference in August at Bismark, North Dakota. (Copies enclosed.) (f) Memorandum from the City lianager to City Council concerning attendance of himself, Assistant City Manager and Administrative Assistant at the Annual ICMA Conference in Phoenix, Arizona. (Copies enclosed.) (g) Memorandum from the Municipal Court Judge to the City Manager concerning the Activity Report for the month of October, 1979. (Copies enclosed.) 7. Communications -Action Recommended. (c) r Recommendation from the Planning and Zoning Commission meeting of September 5, 1979 concern- ing the vacation of the Acoma/Bannock Alley just north of West Jefferson Avenue. (Copies enclosed.) Memorandum from the Director of Finance to the City Manager concerning various liquor license renewals. (Copies enclosed.) Memorandum from the Director of Community Develop- ment to the City Manager concerning an Inter- governmental Personnel Action Request. (Copies enclosed.) I • - • • ( • • • • Page 3 November 19, 1979 Agenda 8 . City Attorney. Ordinances on Final Reading . {a) {b) {c) Ordinance amending Subsection (a) (8) of S4;!ction 9, Chapter 4, Title XV, of the 1969 Englewood Municipal Code by increasing the schedule of rates and charges for sewerage service . (Copies enclosed.) Ordinance repealing and reenacting with amend - ments 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 .) Ordinance amending Chapter 2, Title XIV, of the 1969 Englewood Municipal Code (Modification to Model Traffic Rules) by adding a new section thereto relating to residential on-street park- ing permits. (Copies enclosed .) Bills for Ordinances. {d) Bill amending Chapter 9, Article XI, by adding .lq a new section relating to shoplifting and right (!__ B.-t!-'1' to detain and question and declaring an emergency. -g~_.:~~Jh· (Bill, memoranda from the Police Chief and Munici-~~~A~~ pal Court Judge enclosed.) ,~ '1PI)I)A ri' (e) Bill vacating a portion of that certain right- U a_J}SI of-way contained in Block 4, Bank Addition, ~ IJ •.. ~~City of Englewood , County of Arapahoe, Colorado, ~~~ and retaining easements therein . (Copies ~~ enclosed.) If (f) Bill vacating a portion of that certain right-e8~~~ of-way contained in Timber Lea Planned Development ~~~~.~:1_ area within the City of Englewood, County of ~~'J;rapahoe, State of Colorado . (Copies enclosed.) lj {g) Bill vacating a portion of West Quincy Place (!_8#..53 contained within Hayes Subdivision in the I~ City of Englewood, County of Arapahoe, State ~ml,ot;~ Colorado. (Copieo enclooed .) • 0 I • - ( • ( • I / • • • Page 4 November 19, 1979 Agenda 8. City At torney . 111-? Resolution . (h) (i) Resolution establishing fees and charges for the Englewood Municipal Golf Course. (Copies enclosed.) Resolution appointing the law firm of Damas & Smith as special counsel for the purpose of the hearing on petition for the unit determi- nation . (Resolution and Memorandum from the City Attorney enclosed.) Other Matters . (j) Attorney 's Choice. 9. City Manager. 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 City Manager concerning the Building Code Review Committee appointments. (Copies enclosed.) Manager's Choice. _ ~ Z ~~. ~~ 10 . General Discussion. (a) Mayor's Choice . (b) Council Member's Choice . 11 . Adjournment . c?:t?(~ City Manager • I . - - Moved • • • , .; • • • ROLL CALL Seconded Aye W1ll1ams .~«-iH.!&I=-- Smith '~. Clayton J ~ dF}a?IJ<.... Mayor Taylor Nay 1 Absta n Absent I . - • Moved se d con ed ,__ I ,. • • • ROLL CALL Ave Nay W1111ams /tL.w L '-<-1..-/.-1- Smith ~ Clavton q IWMe~~ MciYor TciYlor ---- Abstain Absent ~ (!)ax h c;j fJt p ~ Jz.t~~u ~£ ;"( h /#zL ·~ --73flr 7f ?~tu • -~ JJ_;v 0~1 ~J dr ~~ -~ ?d'JU ?iu-u-~ )')~ ) r • • I ' --• - • • - ROLL CALL M d S ove d d econ e A tye N ay Ab t 1 s a n Ab sen t WJ.lliams J.-- ~~,L L L-- Smith v- Keena &.-- Clayton 1.-- Bilo ,__ Mayor Taylor 1.-- • I . • • - • • - ~-- RO LL CALL M d S ove d d econ e A 1\ye N ay Ab t i s a n Ab sen t Williams V"' v ~' /,,J A _L. L-- v Smith ...-- Keena 1-- Clayton '-'- Bilo J-- Mayor Taylor 11--- • • I . • - , .r • • • I - - Moved • • • I ... • • • ROLL CALL Seconded Aye Nay Wl_lliams ~ Smith Keena Clayton Bilo Mayor Taylor Abstain Absent I . • - • • - ROLL CALL Moved Seconde d A ~ye N ay A 1 Ab bsta n sent WUliams -£....-/'f.' •i1 ~~~•A .L --Smith -Keena -Clayton -Bilo Mayor Taylor - • I . • • - Moved • • ' --• • • ROLL CALL Abstain Absent I . • • - • • - -- ROLL CALL Moved se d con ed Ave Nav Abstain Absent W.1lliams --lft~A J1 -/ ,._.. Smith Keena Clayton -Bilo Mavor Taylor - ..-----·---------- --- • • I . • - • . . I • • - ROLL CALL Moved Abstain Absent • I . • - - Moved Seconded • • • I / • • • ROLL CALL Aye Nay Williams ~u,J. I Smith Keena Clayton Bilo Mayor Taylor Abstain Absent I . - • • • I .,. • • • ROLL CALL Moved se d d con e Ave Nav W1lliams R:.. ,L .. 7 'I Smith Keena Clavton Bilo Mayor Taylor Abstain Absent I . • • - • • ROLL CALL Moved Seconded Aye Nay Abstain Absent W~liams -AA;, L--,_.-Smith -Keena -_y--. Clayton -Bilo -Mayor Taylor - • I . • - - • -' ------- I ,. • • ROLL CALL Moved Seconded Aye Williams 1/"hm.'' ·~L ..- Smith Keena Clayton Bllo Mayor Taylor • Nay Abstain Absent I . . • • - • - }\ ROLL CALL M d S ove econded A'ye Nay Abstain Absent Williams v ,n,;., ,/. ~~ 'Smith Keena Clayton 1/ Bilo Mavor Taylor --------- • I . . • • ' ,• • - • • •, - ROLL CALL Moved Abstain Absent • I • • • - - • • Moved Seconded Williams • -· • ROLL CALL Abstain Absent I . • - • • , ., • • • I • • - Moved I ~ L L J. • • I ... • -· • ROLL CALL J!le Ny Seconded liams J J JW~ ~:::::. -""""' ILh Smith Keena -Cl~ton Bilo .J. MI!Z,or T~lor Abstain Absent J -l -==--J -l - J I 1 .. • - • • ROLL CALL M d S ove d d econ e A ~ye N ay A i Ab t bsta n sen Williams -v ~,J!,. ,_..L_ - I Smith Keena -,..-Clayton Bilo Mayor Taylor - • • I . • • - • . . . -· ROLL CALL Moved Seconded AYe Nay Abstain Absent Williams ..-- .L'fiA~ ~~'"'' L v-Smith Keena y Clayton Bilo Mayor Taylor CC3 -JL 5o Jt!<J-<U ,n, r ~ @ ?d ~. -If;, • • I . • • - • • - ROLL CALL Moved Seconded Aye Na~ Abstain Absent WU.liams - n_.dl 1~Af_, -~mith Keena Clayton -Bilo Mayor Taylor - • I . • • - • • ROLL CALL M d S d d ove econ e Aye Nay Abstain Absent Williams v--,;~ Jl, A 1 ,.... Smith Keena Clavton Bilo Mayor Taylor I . • - - Moved Second d e • ' "' • • • ROLL CALL Aye Nay Williams Smith Keena Clayton Silo Mayor Taylor -- Abstain Absent I . , -· • - • • - ROLL CALL Moved Seconded Aye Williams Nay Abstain Absent Smith Keena Clayton Bilo Mayor T~lor • • I . • • • - - Moved • • ,. I I ... • • • ROLL CALL Seconded Aye Nay WUliams L1LJ ~Lf~ -'Smith - Keena ClaYton -Bilo -Mayor Taylor • ~, Abstain Absent - I . • - - ..... --r-L • • • I ... • • • ROLL CALL ·, t in Absent ~e -+ N~ Abs a ~· d 4 --+----4 -------] I 1 I . - - M oved s d d econ e f./' - • • , .,. • •• • ROLL CALL A ~ye N ay Wl.ll1ams ~~·;LJJ . L Smith Keena -Clayton - B1lo - Mayor Taylor - Ab t 1 s a n A bsent -- I . - - M d S ove econde .......--.- • • • . - \ I .. • -· • ROLL CALL d A lYe Nay W1ll1~s ~ JlLJ.'A.L -- Smith -Keena -Clayton - Bilo -Mayor Taylor - A 1 bsta n Absent - I . , , . • - • • ROLL CALL Moved s d econ ed Ave Nay Abstain Absent Williams Smith Keena Clavton Bilo Mavor Tavlor q fte-~ aL 1': J () u I'YJ . p~~ ~4:~5rfJfn. I . • - - Moved • • I .. • • • ROLL CALL Seconded A11_e Nay Wi.lliams ~ 11-1.1~ -Smith y Keena ....- Cla_yton ~ Bilo ,_ Mayor Taylor ~ Abstain Absent ~ / I • • - Moved • I / • -· • ROLL CALL Abstain Absent ---- I . • - • , ... • • • ------~~~~--~------------~---- ROLL CALL Moved Seconde d --A "3..e N fi]f_ 'IU,lliams L' ..:.. • ilL.. •.L, .L- Smith Keena Clayton B1lo Mayor Taylor --0111 - • • Ab t 1 Ab ent s a n s - I • - Mov e d Seconded v- I/" , ... • • • ROLL CALL Aye Na y WU.liams fi_ ·_;.; 1 ,,J L~L_ Smith Keena Cla vton Bilo Mayor Taylor Abs a n t 1 Absent v ------------------------------- ~ ~ vAdfJtJ~~ h~ ~d!J~ (fD l _idu /?_) ~ ~~ • {y;; 4::;: :t:::r .~ft~~ (!_J~ /J Ufw cr ~!- • ~->aQkufjm~ • • , I . • -• • ·. - ROLL CALL Moved Seconded Aye Nay Abstain Absent WAJ.l1ams ~~-~r_;~ -Smith -Keena -Clayton Bilo Mayor Taylor - I . • I --• - • • ROLL CALL Moved Seconded Abstain Absent Williams • • I . • • , ,· • - • • - ROL L CALL Moved Second ed Aye Nay Abstain Absent WTlliams I-- I ./"bAA -#oJ.# ~ -~ 'S"mith Keena Clayton ,..... Bilo ... -Mavor Taylor - , ' • • I . - • • {/6 . .. I Moved Sec d d on e W;Uliams /f. ... /l, v Smith Keena J/ Clavton Bilo , ... • • • ROLL CALL Ave Nay L Mayor Taylor " Abstain Absent -------------------------------------fo_;iftu ~ /'1 -~-~~~~r I . • - • • ROLL CALL M ove d s d d econ e A \ye Nay Abstain Absent Williams --Smith - Keena -Clayton -Bilo Mayor Taylor - I . • - • • ROLL CALL Moved Abstain Absent I . . I -· • - • • ROLL CALL Moved Abstain I . • - - • • • . . • ROLL C ove Se conded Aye Nay Abstain Absent M d Wil liams Sm ith Keena I Clayton B1lo Mayor Taylor t1 (!_. _ p;t: 1 ~ 1»-t r ~ j;JJ_,,-,~~ r~G.-r~~~~ c:&L -td-·13 ~~.GL~. ern (})AdMJl ~ ~ :Jat ~~ aLrtr I . - - con ed Moved Se d L... ~ ,_ "--- L- • , ... • • • ROLL CALL Ave NaY W:U.liams 2'f Smith - Keena -Clavton B1lo -MiYor TciYlor - Abstain Absent - -- - I . • - • • - ROLL CALL Mov ed Abstain Absent - • I . . • '-f I [J ___ _ - .. \ - • • • , ,. • • • ROLL CALL • I . • l o ---':l • , -· • - • • - ROLL CALL Moved Seconded Abstain Absent Williams • • I . • • ~lo ___ _ I .- • - • • - ROLL CALL Moved Abstain Absent I • I . • • • • - • • - I Seconded l Williams AYe NaY Abstain I Absen t I =--, Moved L--Smith Keena - ClaYton --1 l Bilo Ma yo r TciY lorl l I L..- • I . • • - • .. • ROLL CALL Moved Abstain Absent • I . • J - c • • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO November 5, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on November 5, 1979, at 7:40p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend Stanley Fixture, Englewood United Methodist Church, 3885 South Broadway. The Pledge of Allegiance was led by Boy Scout Troop #154. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Giseburt, Smith, Clayton, Taylor. Absent : Council Member Mann. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown City Attorney Berardini Assistant City Manager Curnes Director of Community Development Wanush Director of Utilities Fonda Deputy City Clerk Johannisson Deputy City Clerk Watkins * * * * * * COUNCILMAN GISEBURT MOVED TO APPROVE THE MINUTES OF THE REGULAR .HEETING OF OCTOBER 15, 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * I • - • • • November 5, 1979 Page 2 • • • COUNCILMAN GISEBURT MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF OCTOBER 22, 1979. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Absent: Council Members Williams, Giseburt, Smith, Clayton. None. Council Member Taylor. Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN GISEBURT MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF OCTOBER 25, 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Absent: Council Members Williams, Giseburt, Smith, Clayton. None. Council Member Taylor. Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN GISEBURT MOVED TO APPROVE TH.E MINUTES OF THE SPECIAL MEETING OF OCTOBER 27, 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Clayton. Nays: None. Abstain: Council Member Taylor. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * • I • ...... ...... • • • November 5, 1979 Page 3 • • Mr. John McNamara, attorney, Criswell & Patterson, 3780 South Broadway, was present on behalf of Mr. Franz Hummel, Hummels Delicatessen, Inc., 701 W. Hampden Avenue. Mr. McNamara requested a date for a public hearing and a designation of neighborhood re- garding the application of a beer and wine license for Mr. Hummel's business. COUNCILMAN SMITH MOVED TO SET A PUBLIC HEARING FOR FRANZ HUMMEL, HUMMELS DELICATESSEN, INC., 701 W. HAMPDEN AVENUE, ON JANU- ARY 14, 1980, AT 7 :30 P.M. AND THAT THE RADIUS FOR THE APPLICATION BE SET FOR TWO (2) MILES. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Mr. John McNamara, attorney, Criswell & Patterson, 3780 South Broadway, was also present on behalf of KPL, Inc. Mr. McNamara requested that the public hearing concerning the KPL, Inc. retail liquor store license application scheduled for November 12, 1979, be postponed until a later date because his client would be out of the country on the 12th. COUNCILMAN SMITH MOVED TO SET THE PUBLIC HEARING DATE FOR KPL, INC., ON JANUARY 14, 1980, IMMEDIATELY FOLLOWING THE HEAR- ING OF FRANZ HUMMEL, HUMMELS DELICATESSEN, INC., OR AS SOON THERE- AFTER AS COUNCIL CAN HEAR IT. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor • None. Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO BRING FORWARD AGENDA ITEM 4B - PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL EVENTS PERMIT I • - • November 5, 1979 Page 4 • • • FOR BEER, WINE AND LIQUOR, FOR ALL SOULS CATHOLIC CHURCH, 435 PENNWOOD CIRCLE FOR A FUND RAISING DANCE ON NOVEMBER 17, 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. COUNCILMAN CLAYTON MOVED TO OPEN THE PUBLIC HEARING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. Deputy City Clerk Johannisson presented the application. Mr. Johannisson stated all fees and documents had been received by the City Clerk's office making the file complete. Ms. Terry Marinkovich, 5699 Green Oaks Drive, Littleton, appeared before Council representing All Souls Church. She sub- mitted the photograph of the notice of posting and requested that Council grant the permit. Mayor Taylor asked if there was anyone else in the audi- ence wishing to speak in favor of the permit. No one responded. Mayor Taylor asked if there was anyone in the audience wishing to speak against the permit. No one responded. COUNCILMAN CLAYTON MOVED TO CLOSE THE PUBLIC HEARING. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None • I • - - ( • • • November 5, 1979 Page 5 Absent: f / • • • Council Member Mann. The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO GRANT THE REQUEST FOR A SPECIAL EVENTS PERMIT FOR THE ALL SOULS CATHOLIC CHURCH FOR THE 17TH OF NOVEMBER, 1979, TO THE 18TH OF NOVEMBER, 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, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Mr. Byron Sutton, 1104, 2500 West Hampden Avenue, was present. Mr. Sutton stated th tr es that were planted along the golf course to protect the tra iler court f rom being hit with hook- driven golf balls were not e ff ctiv barr i rs. He reported the golf balls were going over th , entering the trailer court and causing property dama g to occupants of the court. Mr. Sutton stated something shou ld don to pr vent further damage and possible injury. In response to Mayor Taylor's question, Mr. Sutton stated he was representing himse lf on th matter ; however, he had a friend with him who also had som e property damage as a result of the golf balls hitting his truck. At the r e quest of Council, Mr. Steven Derr, 2500 West Hampden Avenue , appeared before Council. Mr. Derr reported on the damage done to his truck and other trailers in the court • Mr. Derr stated he had reported the incident to the Sheridan City Council. Mayor Taylor asked the City Manager if any staff mem- ber had been to the trailer court to investigate the damage. City Manager McCown stated Mr. Curnes had been contact with Mr. Derr. The claim was turned in to the insurance company. Mayor Taylor suggested that members of Council go down to the trailer court and look at the alleged damages • • I • - - • • • • • November 5, 1979 Page 6 Mayor Taylor stated both the Council and Mr. Sutton had been informed that the golfer who drove the golf ball was liable and not the City. Mr. Sutton thanked Council for listening to his problem. Mayor Taylor stated Council would take a look at the situation and find out what could be done. * * .... * * * COUNCILMAN WILLIAMS MOVED TO BRING FORWARD AGENDA ITEM 4A -PUBLIC HEARING TO CONSIDER A REQUEST FOR A CHANGE OF LOCATION OF RETAIL LIQUOR STORE LICENSE FOR OLD TOWN LIQUORS, 325 EAST JEF- FERSON AVENUE AND TO OPEN THE HEARING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams, Giseburt, Smith, Clayton, Taylor. Nays : None. Absent : Council Member Mann. The Mayor declared the motion carried. Deputy City Clerk Johannisson presented the application from Old Town Liquors presently located at 325 East Jefferson Ave- nue requesting a change of location to 1215 East Hampden Avenue. Mr. Johannisson stated the City Clerk's office has the file com- pleted with the following information: 1. The application. (City Exhibit A) 2. The notice for public hearing published in the Englewood Herald Sentinel. 3 • 4. 5. 6. Letter to the applicant indicating that the appli- cation was complete and ready to be submitted to Council. Letter of intent -an agreement between the appli- cant and the owner of the property giving him the right to lease the property. Letter from the Englewood Zoning Department showing that the permitted use is eligible for a liquor store at that location. The applicant has provided a diagram of the building layout. • I • - • • • • • • November 5, 1979 Page 7 ' _. • • • 7. A map of the area that was being considered, encom- passing the designated neighborhood in which peti- tioning was done, and indicating what other similar outlets were already established in the area. 8. Petitions done by Oedipus, Inc. (City Exhibits B - E) and the petition report (City Exhibit F). Max Scott , Oediups , Inc., 1200 Pearl, Boulder, appeared before Council, was sworn in and gave testimony concerning his re- port and the results of the survey for which he was contracted by the City to do for the purpose of determining the needs and desires of the neighborhood regarding the application. Mr. Scott read through the report and discussed the methods he used in conducting the survey. Hr. Scott stated based on the needs and desires and the language of the petition format, the final statistics show 72.357. in favor and 27.657. against. Mayor Taylor asked if anyone in the audience wished to speak in favor of the application. Harry Reese Braun, 3173 South Ogden, appeared before Council and was sworn in by the Clerk. Hr. Braun did not be- lieve the needs and desires of the neighborhood were being met. Mr. Braun spoke in favor of the application on the basis that the move would make the store more centrally located in the area and reduce the amount of traffic at its present location. Mayor Taylor asked if anyone in the audience had ques- tions for Hr. Scott and/or Mr. Braun. Mrs. Pearl Layton, 3563 South Downing, appeared before Council. Mrs. Layton directed her question to Mr. Scott. She asked how many people in the survey were renters and how many were permanent residents. Mrs. Layton stated renters were not interested in the community as were permanent residents; and permanent residents who lived in the community would not want a liquor store tha t close to their homes. Mr. Scott stated the neighborhood was predominatly R-1 home-owner-occupied and a specific answer on the number of ten- ants and home owners would have to be checked against an assess- or's list or the Cole's directory. Mr. Scott estimated that at least 807. -85% of the people contacted were home-owner-occupied, business owners, or managers. Mrs. Layton queried why there were no addresses in the 3500 block of South Downing on the petitions • I • - • November 5, 1979 Page 8 • • • Councilman Smith asked the City Attorney to clarify whether or not it is relevant that the people contacted be pro- perty owners or renters in regard to petitioning on this matter. City Attorney Berardini stated it made no difference whether the signatures obtained were from property owners or renters or if they were from managers or owners of business; they were all interested parties. Mayor Taylor asked if there were further questions to ask of Hr. Scott and/or Hr. Braun. Randy Brown, 3557 South Downing, appeared before Coun- cil. Hr. Brown stated he possessed a petition that contained thirty-three (33) signatures of people in objection and asked Hr. Scott to describe the discrepancy between his (Hr. Brown's) petiton and the one done by Mr. Scott. Hr. Scott stated he did not know under what circum- stances Hr. Brown conducted his petitioning. Mr. Scott then explained the concept and the methods his staff used in con- ducting the survey. Hr. Brown stated a survey could be interrupted any- way the surveyor desires and questioned the objectiveness of Hr. Scott's report. Mr. Scott explained his client was the City of Engle- wood and was interested only in the mechanics of survey. He stated he had no vested interest in the outcome. Mr. Brown examined the report from Oedipus, Inc. and the petitions. Mr. Brown asked why the area closest in proximity to the location site was not petitioned. Mr. Brown felt that by not contacting these people the results of the survey would pro- bably be biased. Hr. Scott pointed out what addresses were contacted in the immediate area. Mr. Scott stated his method had been cross checked against alternate methods and had been proven to provide no difference in statistical results. Mayor Taylor asked if there were further questions to be asked of Mr. Scott and/or Hr. Braun. Mr. Harry Atwell, 3333 South Bannock, attorney for Mr. Mcintyre -Old Town Liquors, Inc., appeared before Council • I • • ....... • • • • November 5, 1979 Page 9 • • Mr. Atwell asked Mr. Scott if the purpose of the survey was to obtain a close approximation of the what the general prevailing attitudes were in a geographical area. Mr. Scott answered in the affirmative. Councilman Giseburt asked if spot petitioning was a true representation of the affected neighborhood. Mr. Scott explained that he had been in this business for ten years and conducted numerous similar surveys. Mr. Scott stated regardless of whether the conducting of surveys was for or against, statistics have been the same. The petitioners are trained and managed. Mr. Scott stated he had conducted surveys in which everyone was contacted and attempts were made later on to contact those people who were not at home and percentage-wise compared to spot petitioning the statistics were within 3 -54 of each other. Mr. Scott explained based on his experience with different methods of surveying, the process used in this survey were reliable and the results fairly represented the attitudes of the neighborhood based only on needs and desires. Mr. Brown asked further questions of Mr. Scott concern- ing the categorical results of his report. Mr. Scott explained the format used in gathering the information and the groups of people that would be eligible to participate in the survey. Councilman Smith offered comments relative to the hear- ing to clarify the criteria for which a liquor license can be granted or refused. Mr. Smith stated his personal position would be probably to vote against liquor applications issued in the City of Englewood; but by law there are only two reasons to either grant or deny a liquor license : 1) that the needs of the neighborhood are being or not being met , and 2) that the desires of the neigh- borhood are such that the residents want it or they do not want i t. There we r e no further questions to ask Mr. Scott • Mayor Taylor asked i f there questions to be asked of Mr. Braun. Randy Brown, 3557 South Downing, appeared before Coun- c i l. Mr. Brown asked Mr. Braun to expound on his earlier state- ment regarding the reduction of traffic in the Englewood area by moving the liquor store to Hampden and Downing. Mr. Braun stated the store as well as the two similar outlets are on very bu s y streets. When the store is moved, traf- • I • - • • • November 5, 1979 Page 10 • • • fie would be reduced for anyone attempting to go to a liquor es- tablishment by not having to enter on a very busy intersection. There were no further questions to ask Hr. Braun. Hr. Harry Atwell, 3333 South Bannock, attorney for Mr. Bob Mcintyre -Old Town Liquors, Inc., appeared before Council. Mr. Atwell called Mr. Mcintyre to appear before Council and give testimony regarding the liquor license application. Mr. Robert L. Mcintyre, 3140 South Dahlia, was present and was sworn in by the Clerk. Mr. Atwell questioned Mr. Mcintyre regarding his per- sonal and business background. Hr. Mcintyre provided information and gave response to the reasons why he was applying for the trans-fer of license. Mr. Atwell submitted Applicant's Exhibit A - a photo- graph of the notice of public hearing posted on the proposed site location. Mayor Taylor asked if anyone in the audience had ques-tions to ask Hr. Mcintyre. Mr. Randy Brown, 3557 South Downing, appeared before Council and cross-examined Hr. Mcintyre regarding the reason why he was relocating his business, if the shopping center where he was presently located was being considered for sale, and if the posting of notice of hearing had been posted according to regulation. Mr. Mcintyre gave response to the questions. Judy Brown, 3557 South Downing, appeared before Coun- cil and asked questions as t o why Mr. Mcintyre was changing loca-tions. Mr. Mcintyre provided information to the questions • Councilman Clayton offered comments to the zoning de- signation question raised during the hearing. Hr. Clayton stated the zoning was both proper and legal for the requested use. Councilman Smith asked for a ruling from the City At- torney on whether or not the hearing should be postponed because the notice of hearing sign was moved to a more conspicious place during the 10-day posting requirement mentioned by Mr. Brown in his cross-examination of Hr. Mcintyre • I • - • November 5, 1979 Page ll 1 "' • • • City Attorney Berardini stated testimony would be re- quired by the City Clerk as to whether the sign was actually post- ed, where and when it was posted, and to where it was moved. Mr. Berardini stated in his opinion as long as the property was post- ed according to the rules of the Liquor Board, it met the require- ments of the law (10 days prior to the hearing). If the sign was moved later to make the sign more conspicious, it would not affect the 10 day ruling if it was posted for 10 days. Mr. Atwell asked Mr. Mcintyre questions pertinent to the viewing of the sign. Mr. Mcintyre provided answers in that he could see the sign on the lot from the street and no other buildings were on the lot. Council asked for testimony from Deputy City Clerk Johan-nisson regarding the posting of the notice. Deputy Clerk Johannisson appeared before Council and was sworn in by the Clerk. Mr. Johannisson provided information on the posting of notice and the background which initiated the re- positioning of the sign on the lot. Mr. Johannisson stated the ini- tial posting of the sign was in conformity with the Code; and in response to the City Attorney's question, Mr. Johannisson stated the posting was continuous. There were no further questions for the City staff or the applicant. Mayor Taylor asked if there was anyone in the audience wishing to speak against the application. Randy Brown, 3557 South Ogden, appeared before Council and was sworn in by the Clerk. Hr. Brown objected to the issuance of the application on the following grounds: l. in his opinion the 10 day requirement for posting was not met because the sign had been moved. 2. in reference to Councilman Clayton's statement on zoning, the zoning may allow the business but will not guarantee its placement. 3. he understood the shopping center where Mr. Mcintyre was presently located was up for sale. 4. 5 • barring people from participation in the survey be- cause they had religious reasons against liquor was discriminatory. there were too many children in the area. I • - • • • • • • November 5, 1979 Page 12 6. the people most af f ecte d by th e change in location were not represented on th e s urvey . Mr. Brown submitted a petition containing t h i r ty -th r ee (33) signatures of people opposed to the application. (Opponent's Exhibit A) Mayor Taylor asked if there were an y qu es tions to ask of Mr. Brown. Mr. Atwell, attorney for th e a pp li c a nt, a ppeared before Council and cross-examined Mr. Brown. Mr. Atw el l objected to the submission of Mr. Brown's petition on the b a s i s th a t it was not purport to the survey and lacked the proper f oundation for protest. petition. Mr. Brown stated he knew everyon e wh o had signed the Mayor Taylor asked if there was a nyone else wishing to speak against the application. Gerald Slack, 3124 South Downing, appeared be f ore Coun- cil and was sworn in by the Clerk. Mr. Slack stated the sign fac- ed Hampden and not Downing and he did not notice the sign until after he had driven by it for four days. Judy Brown, 3557 South Ogden, appeared before Council and was sworn in by the Clerk. Mrs. Brown stated she opposed the application and asked if th ..: ~u .. ey t a k e n by Oedipus was normal procedure. City Attorney Be r a rdini explained why Council adopted the policy to conduct a profe ssion ol s urve y on the grounds that it was to receive an unbias e d r epurt . Mrs. Pearl Lay t on , 356 3 So uth Down i n g , appeared before Council and was sworn i n by the Cle rk. Mr s . Lay ton asked that people in the audience who oppose d t he a pp lica tion to stand. Nine people stood up. Mayor Taylor asked if t here wer e a ny f urther obj e ctors wishing to speak to Council . No one r e sponded. At the request o [ Co unc i l , Mr. Atwell gave closing r e - marks in support of the a J~p l i cation for Old Town Liquors, Inc • Mr. Randy Brow n, 3557 South Ogden, appear e d b efore Coun- cil and gave rebuttal remarks in opposit i on • • I • - - ' ~ • ' • November 5 , 1979 Page 13 , "' • • • Mayor Taylor stated Council would consider all the com- ments made and make a decision within thirty (30) days. COUNCILMAN GISEBURT MOVED TO CLOSE THE PUBLIC HEARING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. ~e Mayor declared the motion carried. COUNCILMAN SMITH MOVED TO BRING UP THE MATTER OF OLD TOWN LIQUORS, INC. REQUEST AT THE NEXT REGULAR COUNCIL MEETING ON DECEMBER 3, 1979. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Council Taylor. Members Giseburt , Smith, Clayton, Nays: Council Member Williams. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 10:00 p.m. Council reconvened at 10 :20 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Giseburt, Smith, Clayton, Taylor • Absent : Council Member Mann. The Mayor declared a quorum present. * * * * * * Mayor Taylor asked if there were any other visitors wish- ing to speak to Council. Mr. Marten Lathrop, 3259 South Clarkson, appeared before Council. Mr. Lathrop presented Mayor Taylor with a Distinguished I - • • • November 5, 1979 Page 14 • • • Service Award in appreciation of public service in promoting the nationwide observance of United Nations Day 1979. Mayor Taylor accepted the award on behalf of Council. time. There were no other visitors to be heard from at this * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) (e) (f) (g) Minutes of the Denver Regional Council of Governments meeting of September 19, 1979. Minutes of the Planning and Zoning Commission meeting of October 2, 1979. Minutes of the Public Library Board meeting of October 9, 1979. Minutes of the Downtown Development Authority meeting of October 10, 1979. Minutes of the Parks and Recreation Commission meeting of October ll, 1979. Memorandum from the Director of Engineering Services to the City Manager concerning his attendance at the International American Pub- lic Works Congress and Equipment Show, Sep- tember 23 to 27, 1979. 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 • * * * * * * City Manager McCown presented a memorandum concerning the EDDA proposal relating to improvements of parking and enhance- ment of business places in the 3400 block of South Broadway, South Lincoln and the 00 block of East Girard and East Hampden • COUNCILMAN SMITH MOVED TO REFER THE MATTER AND MEMORAN- DUM ON THE EDDA PROPOSAL DATED NOVEMBER l, 1979, TO THE PLANNING AND ZONING COMMISSION. Councilman Clayton seconded the motion. Council discussed the proposal at length • I • - • ' November 5, 1979 Page 15 I / • • • COUNCILMAN CLAYTON MOVED THAT THE MATTER OF THE EDDA PROPOSAL BE SET FOR PUBLIC HEARING ON DECEMBER 3, 1979, AT 7:45 P.M. Motion died for lack of a second. COUNCILMAN SMITH MOVED THAT THE MATTER OF THE EDDA PRO- POSAL BE SET FOR PUBLIC HEARING ON DECEMBER 18, 1979. Councilman Giseburt seconded the motion. At the request of Council, James Keller, Executive Di- rector of the Englewood Downtown Development Authority, appeared before Council and discussed the proposal. Mr. Keller stated Coun- cil can approve or deny the proposal after the public hearing. Councilman Giseburt asked if there was a master plan by which the Authority was going to follow. Mr. Keller stated the Authority is not required to pro- vide a master plan for the redevelopment of the downtown area. It is only required to submit a need or a project. Councilman Giseburt requested that a study session be set up prior to December 18th to discuss the proposal. 'I City Attorney Berardini stated a meeting had been sche- duled with the City's bond counsel, fiscal advisor, members of the executive board of the Authority, the Director of Community De- velopment, and himself on Thursday morning to discuss methods of financing for the proposal. "· • Upon a call of the roll, the vote on Councilman Smith's motion to set a public hearing on the EDDA proposal for December 18, 1979, resulted as follows: Ayes: Nays : Absent : Council Members Williams, Giseburt, Smith, Clayton, Taylor. None • Council Member Mann. The Mayor declared the motion carried. * * * * * * Director of Utilities Fonda presented the minutes of the Water and Sewer Board meeting of October 16, 1979 with a recommenda- tion concerning Annexation to South Arapahoe Sanitation Dist~ict Supplement 25. • I • - • • • November 5, 1979 Page 16 • • • COUNCILMAN CLAYTON MOVED TO APPROVE SUPPLEMENT 25 TO SOUTH ARAPAHOE SANITATION DISTRICT SUBJECT TO RECEIPT OF LETTER FROM SOUTH ARAPAHOE 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 Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Director of Community Development Wanush presented a recommendation from the Planning and Zoning Commission meeting of October 16, 1979, concerning a right-of-way vacation on West Quincy Place. Mr. Wanush stated the request was initiated by Mr. and Mrs. Hughes, property owners to the north. Mr. Hughes was of the opinion that the 60 foot right-of-way served no public purpose; and therefore, requested the vacation. Director Wanush stated the Planning and Zoning Commission recommended that the right-of-way vacation along West Quincy Place be approved, re- taining a 16 foot right-of-way for vehicular and pedestrian access to Jason Park. Director Wanush added that the Engineering Services Department recommended that providing access to the park would re- sult 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 • COUNCILMAN SMITH MOVED TO ACCEPT AND APPROVE THE RECOM- MENDATION OF THE PLANNING AND ZONING COMMISSION AND TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE CONCERNING THE VACA- TION OF THE RIGHT-OF-WAY RETAINING 16 FOOT ACCESS FOR WEST QUINCY PLACE AS DESCRIBED UNDER AGENDA ITEM 6B. Councilman Williams seconded the motion. Council. At the request of Council, Mrs. Hughes appeared before I • - ' • November 5, 1979 Page 17 t • • • • Mrs. Jerry Hughes, 4240 South Lipan, stated if a side- way is put across the right-of-way, the parking problem still existed and she would not have access to her driveway. Councilman Smith stated when sidewalk districts are requested, the property owner has the option to have a drive-way access. Mrs. Hughes stated the Parks and Recreation Department would like to have the right-of-way which adds to the parking problem. Upon a call of the roll, the vote on Councilman Smith's motion resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Director Wanush presented a recommendation from the Plan- ning and Zoning Commission meeting of October 16, 1979, concerning a vacation of excessive right-of-way on the west side of South Clarkson in the 3100 block. COUNCILMAN SMITH MOVED THAT AN ORDINANCE BE PREPARED VACATING A RIGHT-OF-WAY UNDER ITEM 6D OF THE AGENDA WHICH WAS CASE 25-79 BY THE PLANNING AND ZONING COMMISSION. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Director Wanush presented a recommendation from the Plan- ning and Zoning Corrmission meeting of October 16, 1979, concerning I • - ' • November 5 , 1979 Page 18 I / • • • a vacation of eight feet dedication in Timber Lea Planned Develop- ment. Mr. Wanush stated the recommendation was a request from the Planning Commission to correct an error placed on the Planned De-velopment. COUNCILMAN CLAYTON MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCES TO ACCOMPLISH THE REQUEST. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Williams, Giseburt, Smith, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The ~~yor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Acting Director of Finance concerning the annual renewal of various liquor licenses for the following businesses within the City of Englewood: Name of Business/Address Safeway Store, 125 E. Hampden Avenue 7-11 Store, 1277 E. Hampden Avenue Araps Old Gun Shop, 3866 S. Broadway Ken's Lounge, 2893 S. Broadway E Z Liquors 3353 S. Santa Fe Casual Lounge 65 W. Floyd Ave. IYEe of Liquor License 3.2 Beer Retail 3.2 Beer Retail Hotel & Restaurant Tavern Liquor Retail Liquor Store Tavern Liquor COUNCILMAN WILLIAMS MOVED TO APPROVE THE ANNUAL RE- NEWAL OF LIQUOR LICENSES FOR A 3.2 BEER RETAIL -SAFEWAY STORE, 125 E. HAMPDEN AVE.; A 3.2 BEER RETAIL-7-11 STORE, 1277 E. • I • - '-1 • • • November 5, 1979 Page 19 ' / • • • HAMPDEN AVE.; A HOTEL & RESTAURANT-ARAPS OLD GUN SHOP, 3866 S. BROADWAY; A TAVERN LIQUOR -KEN'S LOUNGE, 2893 S. BROADWAY; A RETAIL LIQUOR STORE - E Z LIQUORS, 3353 S. SANTA FE; A TAVERN LIQUOR -CASUAL LOUNGE, 65 W. FLOYD AVE. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Williams, Giseburt, Smith, 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. City Manager McCown requested postponement of this bill. COUNCILMAN CLAYTON MOVED TO POSTPONE COUNCIL BILL NO. 42 UNTIL A LATER DATE. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY COUNCIL BILL NO. 44 INTRODUCED BY COUNCILMAN CLAYTON I . - • • • November 5, 1979 Page 20 I .. • • • A BILL FOR AN ORDINANCE AMENDING SUBSECTION (a) (8) OF SECTION 9, CHAPTER 4, TITLE XV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY INCREASING THE SCHEDULE OF RATES AND CHARGES FOR SEWERAGE SERVICE. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 44, SERIES OF 1979 ON FIRST READING. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes : Nays: Absent: Council Members Williams, Giseburt, 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. 45 INTRODUCED BY COUNCILMAN CLAYTON 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 IMPOUND- MENT, LICENSING, HOBBY BREEDERS OPERATION, VACCINATION, RECORDS, CRUELTY TO ANIMALS : AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 45, SERIES OF 1979 ON FIRST READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None • Council Member Mann. The Mayor declared the motion carried. Mayor Taylor thank · ed the Animal Control Committee for their efforts on the ordinance. * * * * * * I . - • • ~I • November 5, 1979 Page 2l ORDINANCE NO. SERIES OF 1979-- I .; • • • 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 DECLAR-ING AN EMERGENCY. MAYOR TAYLOR MOVED TO POSTPONE COUNCIL BILL NO. 49, SERIES OF 1979 UNTIL COUNCIL CAN MEET WITH MUNICIPAL COURT JUDGE PARKINSON AND CITY ATTORNEY BERARDINI TO DISCUSS THE BILL. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Clayton, Taylor. Council Members Williams, Smith. Council Member Mann. The Mayor declared the motion carried. Council requested that Judge Parkinson be invited to the next study session to discuss the council bill. ORDINANCE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 50 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE AMENDING CHAPTER 2, TITLE XIV , OF '69 E.M.C. (MODI- FICATION TO MODEL TRAFFIC RULES) BY ADDING A NEW SECTION THERETO RELATING TO RESIDENTIAL ON-STREET PARKING PERMITS. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 50, SERIES OF 1979 ON FIRST READING WITH THE ADDITION UNDER ITEM (b) FEES IN CASE NUMBER l OF $5.00 IN FEES; IN CASE NUMBER 2 OF $7.50. Councilman Clayton seconded the motion. Councilman Giseburt spoke against the bill. Mr. Gise- burt stated residents should be able to park in front of their own property without be ing charged a fee to do so • I • - - • • November 5 , 1979 Page 22 , / • • • Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Smith, Clayton, Taylor. Nays : Council Members Williams, Giseburt. Absent: Council Member Mann. The Mayor declared the motion carried. RESOLUTION NO. 44 SERIES OF 1979 * * * * * * A RESOLUTION ORDERING THE DISCHARGE PERMIT FOR THE OLD ENGLEWOOD SEWER TREATMENT PLANT TO BE REISSUED BY THE WATER QUALITY CONTROL DIVISION OF THE COLORADO DEPARTMENT OF HEALTH. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 44, SERIES OF 1979. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED THAT A COPY OF RESOLUTION NO. 44, SERIES OF 1979 BE SENT TO ALL THE COLORADO LEGISLATORS. Council- man Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Giseburt, Smith, Clayton, Taylor • Nays: Council Member Williams. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * I . - - • ~I • November 5, 1979 Page 23 RESOLUTION NO. 45 SERIES OF 1979 I ,/ • • • A RESOLUTION URGING REGION 8 OFFICE OF THE ENVIRONMENTAL PRO- TECTION AGENCY TO MAKE AVAILABLE FEDERAL FUNDING FOR EXPANSION OF THE BI-CITY TREATMENT PLANT. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 45, SERIES OF 1979. Councilman Giseburt seconded the motion. Councilman Smith stated this item was being placed on the agenda for the upcoming NLC meeting. Upon a call of the roll, the vote on the motion re-sulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. RESOLUTION NO. 46 SERIES OF 1979 * * * * * * A RESOLUTION REQUESTING THE WATER QUALITY CONTROL COMMISSION OF THE DEPARTMENT OF HEALTH TO FORTHWITH FINALIZE THE STREAM CLASSI- FICATION AND DISCHARGE REQUIREMENTS FOR THE DISCHARGE OF TREATED SEWAGE EFFWENT. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 46, SERIES OF 1979 WITH THE ADDITION OF A SECTION 2 INDICATING THAT ALL THE DECISIONS MADE BY THE WATER QUALITY CONTROL COMMISSION BE COMPA- TIBLE WITH THE 208 STUDY AND THAT THE STREAM STANDARDS BE DEFINED IN THAT PARAGRAPH. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Giseburt, Smith, Clayton, Taylor. Nays : Council Member Williams. Absent : Council Member Mann. The Mayor declared the motion carried. I • - • ' • November 5, 1979 Page 24 ' ,· • • • COUNCILMAN SMITH MOVED THAT A COPY OF RESOLUTION NO. 46, SERIES OF 1979 BE SENT TO ALL COLORADO LEGISLATORS. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Giseburt, Smith, Clayton, Taylor. Nays : Council Member Williams. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO APPROVE A PROCLAMATION DE- CLARING THE SECOND WEEK OF NOVEMBER AS "YOUTH APPRECIATION WEEK". Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO PASS A PROCLAMATION DECLAR- ING THE WEEK OF NOVEMBER 18 -25, 1979, AS "BIBLE WEEK". Council- man Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO PASS A PROCLAMATION DECLAR- ING NOVEMBER 14, 1979, AS "OPERATING ROOM NURSE DAY". Councilman • I • - - • • • November 5, 1979 Page 25 ' / • • • Smith seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Attorney Berardini discussed the findings, conclu- sions, and judgement in the case of Littlehorn vs. the City of Englewood. Mr. Berardini stated the court has ordered that the case be remanded to the City Council for the purpose of conduct- ing a hearing on Mr. Littlehorn's application for rezoning and the Planning and Zoning Commission's recommendations in connec- tion therewith for the purpose of allowing Mr. Littlehorn the opportunity to present evidence and arguments in support of his case. Mr. Berardini stated there were matters he would like to discuss on t@is case with Council prior to the hearing. COUNCILMAN WILLIAMS MOVED TO SET THE PUBLIC HEARING FOR JOHN LITTLEHORN AND MARIE LITTLEHORN ON JANUARY 28, 1980, AT 7:00 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, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. 42 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 • I . • - • • • November 5 , 1979 Page 26 , "' • • • COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 48, SERIES OF 1979 ON FINAL READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol-lows : Ayes : Nays Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. 43 SERIES OF 1979 * * * * * * BY AUTHORITY 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 l, 1980 AND ENDING DECEMBER 31, 1980, CONSTITU- TING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1980. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 47, SERIES OF 1979 ON FINAL READING. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Absent : Council Members Williams, Giseburt, Smith, Clayton, Taylor. None • Council Member Mann. The Mayor declared the mot i on carried. * * * * * * City Manager McCown presented a memorandum from the Director of Community Development concerning authorizing admini- strative approval of encroachment requests that do not involve non-movable structures in the public right-of-way • I . ...... ....... ( J • November 5, 1979 Page 27 I , • • • COUNCILMAN GISEBURT MOVED TO POSTPONE THE MATTER UN-TIL THE NEXT REGULAR COUNCIL MEETING AND THAT IT BE PLACED ON THE STUDY SESSION AGENDA PRIOR TO THE MEETING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Ma~ager McCown presented a memorandum from the Chief of Police concernLng a resolution supporting the construction of a Firearms Training Facility on the Spring Gulch Land. COUNCILMAN GISEBURT MOVED THAT THE MATTER BE TABLED INDEFINITELY. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum concerning the Building Code Review Committee appointments. COUNCILMAN SMITH MOVED TO POSTPONE THE APPOINTMENTS UN- TIL THE NEXT REGULAR COUNCIL MEETING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Clayton, Taylor. Nays : None. Absent : Council Member Mann • • I • - - • • I ; • • • November 5, 1979 Page 28 The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO CANCEL THE PUBLIC HEARING ON NOVEMBER 12, 1979, SCHEDULED FOR 6:45 P.M. AND THAT NEW COUNCIL MEMBERS-ELECT FOR THE RECALL POSITIONS BE SWORN IN ON NOVEMBER 19, 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor offered comments on establishing a liquor license authority and asked Council to consider the concept seri- ously. * * * * * * time. There was no further business to be discussed at this * * * * * * 12:15 a.m • Mayor Taylor adjourned the meeting without a vote at 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 .3 A November 19, 1979 Visitors Application for Liquor License Premise Remodeling-THE DART BOARD, 3467 S. Broadway INITIATED BY ______ ~C~iut~y~C~l~e~rkL---------------------------------------- ACTION PROPOSED ____ ~Re~c~e~i~ve~a~p~pl~i~c~at~i~o~n~;~r~e~nd~e~r~d~e~c~i~s,~·o~n~o~n~ap~p~l~i~ca~t~i~on~------- Background: The Dart Board possesses a TAVERN license. They would like to do a major remodeling of the premise. The remodeling would include a modernization of sanitary facilities and electrical work in addition to the cosmetic interior changes. This remodeling application must also be approved by the State of Colorado Liquor Division. Note: This business is located in the area encompassed by the Downtown Development Authority. Reconrnendation: Recommend approval of application Jerry Feather, President of John W's will be present I . - - '\ • • • • • • • STATE OF COLORADO Department of Revenue LIQUOR ENFORCEMENT DIVISION 1376 SHERMAN STREET DENVER, COLORADO 80261 REQUEST TO EXPAND, ENLARGE OR MODIFY PREMISES 0 3 .2 %BEER i'.;J LIQUOR License No . j / -0 I-S''/1 The undersigned retail licensee requests permission to expand, enlarge, or modify the premises at which he is licens- ed to do business or the plans and specifications originally submitted at the time of obtaining the original license, in line 'with Colorado Liquor Code Reg . No. 47-106.2, or Colorado Beer Code Reg . No . 46-106.3 . N.me of Retail LicentH : -:f.· h oJ 4.J _; 441 c' · TradeName : ____ ___..J/~/,~!.::...~---':...::'~.:.A.:...;~/..:...'.:.i____.,~P...:.;''"--·kc..t:....!.;.!:,_.'.::_(_J ______________ _ Address or ~ Discription of Premises at which licensed ...., I , /? j to do business (includl city or town, zip code and county): __ ...;•::... . .:..>-<~:.....:{:;_..:.'; __ ...;._.....::..., __ .:./_.....,:.-;,...::..A:..';.r _.',-<J::l-'':...:"";.., • .;;.'-:..J .::-4u;...:1 ______ _ Specifications, in accurate detail, of the planned expansion, enlargement I · I or modification of the licensed premises or premises t-:: be licensed : ----'-'''-;'L.l "'C-'' C.::J'-'-<-' _ _.b .. ''-''("'J-'-/.....1.6,L..,ts;4..J.'4:../J"'-'':...."'-"';-.....L./--'-'':__-- k 'c-,u~· <" f liut' /J ,',yf.' Ji l'a o c· Date of the proposed expansion, ·enlar'lltment or Signed : __ ....;:p:..'{{Ul.:fr~.-: "-/..;,_. _...;z.L,,t;.fj,.!,~:.6t:.:..i.i~~ ......_---'-fC~,..·--modification of licensed premises to be licensed : ------~4+-.' ----.,----..,..-"---+'--------- /7 (Lz::, APPROVAL OF LOCAL LICENSING AUTHORITY : The foregoing application for permissi on to expand, enlarge or modify the premises licensed or plans and specificatiOns, has been exam- ined, and if granted, will not be contrary to the provisions of the Colorado Liquor or Beer Code and Rules and Regulations . Therefore , the foregoing application is hereby approved. Dated At -----------~----- fN•me of Towrt , City or County) this ----day of-----------19 __ . Signed =------~--~~~-~~~-----------(Loc .. Licensing Authority) APPROVAL OF DEPARn.,ENT OF REVENUE : The foregoing application for permission to expand, enlarge or modify the premises licensed or to modify the original plans and sp eci f- ications submitted has been examined, and the planned expansion, enlargement or modification, as specified above, is heregy granted . I Nama of Town , City or C ounty) ... this----day of ------------19--. STATE LICENSING AUTHORITY By I • - - • • • I / • • • Diagram of premises BEFORE expansion, enlargement or modification : <'J f~ t:j ; > i l.•oll( .,. ~ ll . ~ ' ; ~ ; ~-4/f!r-15 D fi 1• t (' "' ,_L_ • ... Diagram of premises AFTE A expansion, enlargement or modification : 11.111//{,IJ C"'k•: 0 ACCEPTED 0 }] ,, 0 ACCEPTED '""r I (j,;R, sty ... :/ il.e--1 ~.'n,n ·. CJ : lJ (:<: ... _ • 0 REJECTED --------------0 REJECTED ------------ SUI'EIIVISOII ........ , OFFICE II I • - • • • • • • BOARD OF ADJUSTMENT AND APPEALS CITY OF ENGLEWOOD, COLORADO SEPTEMBER 12, 1979 6 A The regular meeting of the Board of Adjustment and Appeals was called to order at 8 :00 P .M. by Chairman Dawson. MEMBERS PRESENT : Seymour, Oliver, Leonard, Prat t , Dawson . MEMBERS ABSEUT : Kreiling, Brown. ALSO PRESENT : Clark, Assistant City Attorney Pittman, Chief Building Inspector Christy, Recording Secretary --------------------------------------------------------------- J.C . CONSTRUCTION CO . 3580 SO. PENNSYLVANIA CASE 23-79 REQUEST : The applicant is requesting a variance from the (l) required minimum lot area of 24,000 sq . ft. to a lot area of 12,000 sq. ft .; (2) from the required side yard setback of 15 ft . to side yard setbacks of 2 f t . on the north side and 5.5 ft . on the south side; (3) from the required rear yard setback of 25 ft . to a rear yard setback of 22 ft .; and (4) from the required 25 off-street parking spaces to 23 off-street parking spaces, for the purpose of erecting an office builuing . This is a variance of the Comprehensive Zoning Ordinance , Section 22 .4-6 c.(S)- Minimum Lot Area, Section 22 .4-6 M.(3)-Minimum Side Yard, Section 22.4-6 N.(l)-Minimum r e a r Yard and Section 22.5-5 a .(8)-Private Off-Street Parking Standards . Chairman Dawson read i nto t h e record t he verification of proper posting and legal notic e advertising of this case in accordance with the Comprehensiv e Zonin g Ordinance, Section 22.2-6 c. ,(a). The staff report was re ad and submitted to the record . Mr. John Perschbacher , 5 1 Sunset Drive , Englewood , a nd Hr . D.A . Bee~ 6375 Colorado Blvd ., representatives of the J .C . Construction Company, were sworn in for testimony . • I • - • • ' " • • • Mr. Perschbacher stated that the proposed office building would have four stories and one level of covered parking . He described the proposed landscaping on the full length of the site on the Hampden Avenue side, the 20 feetof landscaped area on the Pennsyl- via Street side and the landscaped terrace above the covered parking structure. He stated that the intended use of the building would be for offices for his own construction company on the first two floors and the upper two floors would be leased out to others. He described the building as having 10,000 sq. ft. of floor area with a net rentable area of 7,573 sq.ft. The structure would be a curtain wall type construction of glass and brick and the parking structure would be of pre-cast concrete. Mr . Perschbacher and Mr . Beck reviewed their preliminary blueprints with the Board, showing the grades and elevations, floor plans, and proposed parking and landscaping, and pointed out each variance request. Mr. Perschbacher explained that the site would be filled three feet above the existing grade and a retaining wall built around it to conform to the Flood Plain Ordinance requirements. Mr. Perschbacher explained that his company would have five employees in their two floors of offices full time, utilizing aproximately half of the provided parking spaces and the rest would be available to other tenants. He explained that the number of parking spaces they are required to provide is calculated on the net rentable area proposed of 7,573 sq. ft. rather than the total square footage of the structure as he was told by the City's Zoning office . He stated that the parking would have entrance off of Pennsylvania Street and the alley. Mr. Oliver asked if the canopy over the parking could be deleted which would increase the lot area, or if the structure could be relocated on the site to provide adequate parking. Mr. Perschbacher stated that the canopy could be deleted if the Board objected to it but that he believed it enhanced the appearance of the structure as well as provide additional land- scaping on its deck and provide terrace area for tenants of the building . He also stated that he did not believe the building could be relocated elsewhere on the site to provide the additional required parking. He did state that the two additional parking spaces could be provided by using part of the green belt area, but again, he stated that he believed the full proposed green belt area would be more desirable . Mr. Beck explained that by taking into consideration the green belt and ample landscaping they had made the building an attractive asset to the City. There were no others present to speak in favor or opposition to the variance request. Chairman Dawson declared the public hearing closed. During general discussion by the Board members, Mr . Oliver expressed his concerns for the low percentage of proposed rentable area on . which the required number of parking spaces had been figured. He stated that he believed it would be possible for the rentable area to increase either by the present owners during final development of their plans or by future owners if the structure were sold. He stated that this would require a higher ratio of parking per square foot of office area and the proposed parking variance would be insufficient . He also expressed his interest in possible special -2- • I • • - • • • • • • consideration by the City in the future for small car parking. If such consideration were given, this would help the owner provide more parking. Mr. Oliver motioned and Mr. Pratt seconded that : IN CASE 23-79, 3580 SOUTH PENNSYLVANIA STREET, J .C. CON- STRUCTION COMPANY, A VARIANCE BE GRANTED FROM THE (1) REQUIRED MINIMUM LOT AREA OF 24 ,000 SQ. FT. TO A LOT AREA OF 12,500 SQ . FT.; (2) FROM THE REQUIRED SIDE YARD SETBACK OF 15 FT. TO SIDE YARD SETBACKS OF 2 FT . ON THE NORTH SIDE AND 5.5 FT. ON THE SOUTH SIDE; (3) FROM THE REQUIRED REAR YARD SETBACK OF 25 FT . TO A REAR YARD SETBACK OF 22 FT.; AND (4) FROM THE REQUIRED 25 OFF-STREET PARKING SPACES TO 23 OFF-STREET PARKING SPACES , FOR THE PURPOSE OF ERECTING AN OFFICE BUILDING . THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE , SECTION 22 .4-6 c . (5)-MINIMUM LOT AREA, SECTION 22.4-6 M.(3)-MINIMUM SIDE YARD, SECTION 22 .4-6 N.(l)- MINIMUM REAR YARD AND SECTION 22 .5-5 a .(8)-PRIVATE OFF- STREET PARKING STANDARDS . FURTHER, THE VARIANCE IS CONTINGENT UPON NOT EXCEEDING THE 7,573 SQ. FT. RENTABLE AREA . All members cast their votes . The vote resulted as follows: AYES: Seymour, Oliver, Leonard, Pratt, Dawson. NAYS: None. FINDINGS OF FACT : Mr. Seymour stated that the applican t 's plans were very good looking and that the proposed structure would possibly be an improvement to the community as well as follow the trend of the neighborhood. Mr. Oliver stated t hat the applican ts had generally met the intent of the ordinance as regards to open space by providing a fair amount of landscaping at the lower level and by elevating the building and landscaping the second level plaz a above the parking level . He also stated that because the building is to be located on Hampden Avenue it is less restrictive as regards to its neigh- bors then if it were within a multi-family developed area. Mr. Oliver stated that although the parking would be two spaces short of the requirement, it prob a bly would be adequate because there is a possibility that in the future the City would accept a reduced parking requirement as r e ga=ds small auto~obiles. Mr . Leonard stated that there was no opposition present . He further stated that the plans wer e complete enough for the Board to make their decision and tha t final plans would have to meet all codes and be approved by the Building Department before the applicant could proceed. Mr. Leonard also stated that he felt the office building would be an improvemen t to this area which is an R-3 zone on Hampden Avenue and th at the two additional spaces could be made up. (3) • I • - • • • • • • Mr. Pratt stated that the variance would do substantial justice to all and not just the particular applicant in that it would enhance the area and benefit the neighborhood and Englewood. He further stated that the development or use of this property, if held strictly to the zoning standards of the district in which it is located cannot yield a reasonable return in service, use or income compared to the adjacent, conforming propert~ which is obvious as Pennsylvania Street has been developed as a multi-family area. Therefore, he believes it is appropriate that this office building be built. Mrs. Dawson stated that she felt this office building is appropriate for the area as there are other office buildings. She also stated that she liked the idea of the green belt and open spaces surround- ing the building which she feels are very necessary. Chairman Dawson stated there were five affirmative votes and declared the variance GRANTED. ARTHUR MOSS 2330 WEST HARVARD AVE. CASE 36-79 REQUEST : The applicant is requesting a variance from the required side yard setback of 3 ft. to a side yard setback of 1.5 ft. on the west side and from the required total side yard setback of 10 ft. to 6.8 ft. for the purpose of erecting a carport. This is a variance of the Comprehensive Zoning Ordinance, Section 22.4-7 J.(l)-Minimum Side Yard. Chairman Dawson read into the record the verification of proper posting and legal notice advertising of this case in accordance with the Comprehensive Zoning Ordinance, Section 22.2-6 c. ,{a). The staff report was read and submitted to the record. Mr. Arthur Moss, owner of 2330 W. Harvard Ave. was sworn in for testimony. He stated that he wanted to build the carport over the existing slab at the side of his house . The carport would be to shelter his expensive van which had $1,400 worth of damage done to it over the past several months while it was parked on the street. He stated that at present he has a boat which is parked in the proposed site of the carport but that he would re- locate the boat at his mother-in-law's home . He stated that he would probably enclose the back side of the carport eventually, but that two sides would remain open as Code requires. lie also stated that the carport would be built to Code. Mr . Moss sub- mitted two letters from his adjacent neighbors stating they had no objection to his proposed variance request . (Exhibits 1 & 2) Mr. Stanley Rhodus, 2323 W. Harvard Avenue, was sworn in for testimony in opposition to the variance. Mr. Rhodus stated that the applicant's house had been built in 1977 and already has a garage and concrete slab next to the side of the house. He (4) • I • - • • • • • • suggested that Mr. Moss move his boat which is presently parked on the concrete slab and park his van there without a cover that would create the side yard encroachment. Mr. Rhodus also expressed his concerns about adequate drainage between the properties and possible fire hazards due to the carp ort being too close to the adjacent property . Mrs. Rhodus, 2323 W. Harvard Avenue, was sworn in for testimony in opposition to the variance . She stated that if Mr. Moss closed in the back end of the carport as he proposed, he would have no access to his rear yard as there is no alley and that fire equipment could not reach his back yard if ever needed . Mrs. Perry, 2349 W. Harvard Avenue, was sworn in for testimony in opposition to the variance . She stated that she opposed the carport because it would be too close to the adjacent property. Mr. Moss did not speak in rebu ttal to the opposition's testimony . Chairman Dawson declared the public hearing closed . The Board discussed the po'ssibilities of putting a garage or car- port in the rear yard. Mr. Pittman explained that in a R-2-C zone, garages and carports were not considered lot coverage and that if Mr. Moss could meet the setback requirements, he could put an additional garage or carport in the rear yard . Mr. Pratt motioned and Mr. Seymour seconded that : IN CASE 36-79, 2330 WEST HARVARD AVENUE, ARTHUR MOSS, THAT A VARIANCE BE GRANTED FROM THE REQUIRED SIDE YARD SETBACK OF 3 FT. TO A SIDE YARD SETBACK OF 1 .5 FT. ON THE WEST SIDE AND FROM THE REQUIRED TOTAL SIDE YARD SETBACK OF 10 FT. TO 6.8 FT. FOR THE PURPOSE OF ERECTING A CARPORT. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22 .4-7 J. (l) -MINIUUM SIDE YARD . All members cast their votes . The vote resulted as follows: AYES: None NAYS : Seymour, Oliver, Leonard, Pratt, Dawson . FINDINGS OF FACT : Mr. Seymour stated that he felt the proposed carport would be too crowded and close in. Also, the variance would not do justice to the total neighborhood as there was some opposition from the neighbors . Mr. Oliver stated that the applicant can still park his van in that location with a cover over it if he chooses . Mr. Oliver stated that there was opposition f rom the neighbors . Als~. he stated that it appeared that the applicant could build a garage at the back of his house if he so wished. Mr. Leonard stated that this would be a generally crcwded area. (5) • I • - • • • • He further stated that he did not feel the variance met c ondi- tions #1,2 ,4 , and 6 of Section 22 .2-6 c .(l), (c), (1-6) of the Comprehensive Zoning Ordinance , which are required to grant a variance . Mr. Leonard also stated that a garage could be built in the back yard and that he felt it would cause a fire ha z ard if the back of the proposed carport were to be closed in . He also stated that the neighbors had objected . Mr. Pratt stated that the variance would not do substantial justice to all as it would create a hazard to the house on the west by parking a motor vehicle so close. He stated that the plight of the owner is not unique in that there is room to build a garage or covering for his van if he so desires and still abide by the zoning ordinance . Mr . Pratt further stated that if the variance were granted it would weaken the ordinance and the zone district . Mrs. Dawson stated that she agreed with many of the previous statements and felt the applicant could build in his back yard . She also stated that she felt the carport would be too close to the adjacent property . Chairman Dawson stated that there were five negative votes and the variance was DENIED . LAVERNE AND LEONA ARTERBURN 4765 SO. LIPAN ST. CASE 38 -79 REQUEST : The applicant is requesting a variance from the required front yard setback of 25 ft . to 0 ft. for the purpose of erect- ing a detached garage. This is a variance of the Comprehensive Zoning Ordinance, Section 22 .5-2 c.(l)-Minimum Yard Requirements . Chairman Dawson read into the record the verification of proper posting and legal notice advertising of this case in accordance with the Comprehensive Zoning Ordinance, Section 22 .2-6 c .,(a). The staff report was read and submitted to the record . Mr . and Mrs. Laverne Arterburn, owners of 4765 So . Lipan Street , were sworn in for testimony . Hr . Arterburn stated that his present garage is built at an approximate 450 angle below the street level beneath the rest of his house. He stated that the driveway was built on a hill and even in the lightest snows they had to shovel and throw sand to get their cars up and out of the garage . He stated that this was a hardship and wished to build a new garage at street level which they could drive in and out of from the street easily . He described the garage and explained · how it would tie onto the existing 8 ft . wall along the front property line . He stated that he would probably use the old garage to keep one of his cars and close off part of it for use as a recreation room . Mr . Arterburn submitted four letters from his adjacent neighbors stating no objection to his proposal. (Exhibits #1-4). (6) • I • - • I / • • • There were no others present to speak in favor or opposition to the variance. Chairman Dawson declared the public hearing closed. Mr . Seymour motioned and Mr . Pratt seconded that: IN CASE 38-79, 4765 SO . LIPAN STREET, LAVERNE AND LEONA ARTERBURN, A VARIANCE BE GRANTED FROM THE REQUIRED FRONT YARD SETBACK OF 25 FT. TO 0 FT . FO R THE PURPOSE OF ERECT- lUG A DETACHED GARAGE . THIS IS A VARIANCE OF THE COM- PREHENSIVE ZONING ORDINANCE , SECTION 22.5 -2 c .(l)-MINIHUM YARD REQUIREMENTS . All members cas t their votes . Th e vote resulted as follows : AYES: Seymour, Oliver, Leonard, Pratt, Dawson . NAYS : None . FINDINGS OF FACT : Mr. Seymour stated there was a hardship due to havin g to shovel the snow in the winter out of the driveway . Also , he stated the situation is unique to this particular property due to the grade lower than the street . He stated that t here was no opposition and that the propo sed garage would not be very visable. Mr. Oliver stated that the existing wall along the front property line already created a certain barrier on the street front and that an addition of closed space behind it would not make that much difference. He also stated that there was no opposition from the neighbors and that the neighborhood as a whole would benefit from the new construction. Mr. Leonard stated t ha t there was no opposition and that the variance generally met the conditions required to grant a variance . He stated that the applicant had received the ap proval of his neighbors and that the new garage would eliminate the hardship in winter . He further stated that the existing wall is sufficient to hold the propose d structure. Mr . Pratt concurred with the previous members' statements, especially that the variance will not in any way alter the property or zone district since t he wall is already there and creating a barrier along the front property line. Mrs . Dawson stated the garage would be an asset to the neighbor- hood and would eliminate shoveling of snow in the winter offthe steep incline. She also stat ed that the applicant had letters of approval from his neighbors . tl Chairman Dawson stated that there were five affirmative votesand the variance was GRANTED . -------------------------------------------------------------------(7) I • - • • • • WILLIAM PERRY/dba ALL AMERICAN MOTORS 3250 SO. BROADWAY CASE 39-79 REQUEST : The applicant is requesting an appeal to permit a smal l removable plywood building used for polishing automobiles and minor storage to remain on the premises at 3250 So. Broadwa y . The ovner proposes to leave the structure as presently built. This is an appeal of the Building Inspector's decision in accordance with the Comprehensive Zoning Ordinance , Section 22.2-6 b.(l)-Appeals . The staff report was read and su~mitted to record . Mr. William Perry, owner of All American Hotors, 3250 So. Broad- way, was sworn in for testimony . Mr. Perry explained that he had built the temporary structure on his lot in his spare time and that its primary purpose was as a protective covering of automobiles while being polished and cleaned in preparation for sale on his lot. He stated that he used the portable building for storage of tools and tires and also minor engine or trans- mission work. Mr. Perry explained that he had built the structure without a permit out of ignorance because he had been allowed to have a structure of this type on other lots in the Denver area without a permit and assumed the same was true in Englewood. Mr. Pittman, Chief Building Inspector explained that the lot was located in a Fire Zone II, which required the building to be 1 hr. fire rated. He stated that the Building Department's main concern was the location of the building being so close to the property line. He further stated that because the adjacent business was the Sofa Factory, it had a lot of open storage which would be subject to possible fire hazards. He stated that the fire rating of the structure would not be as significant if it were moved and relocated at least 20 ft. from any property line. Mr. Pittman further stated that he felt the structure could be brought up to some type of minimal code if it were moved and used only for polishing and clean up and temporary storage of small tools and tires for protection from vandals overnight. lie did not believe the structure would be suitable for any auto repair service, as that would increase fire hazards significantly. Mr. Perry stated that he would be willing to relocate the portable building to conform to the 20 ft. setback requirements and dis- continue the auto repair servicing and only use the building for polishing, clean-up and over-night storage of tools and tires. There was no one present to speak in favor or opposition to the variance. Chairman Dawson closed the public hearing. Mr . Oliver motioned and Mr. Seymour seconded that : IN CASE 39-79, WILLIAM PERRY/DBA ALL AMERICAN MOTORS, 3250 SO. BROADWAY, TO GRANT AN APPEAL TO PERMIT A SMALL REMOVABLE PLYWOOD BUILDING USED FOR POLISHING AUTOMOBILES AND MINOR STORAGE TO REMAIN ON THE PREMISES AT 3250 SO. BROADWAY. THE OWNER PROPOSES TO LEAVE THE (8) • I • - - • • I ,; • • • THE STRUCTURE AS PRESENTLY BUILT . THIS IS AN APPEAL OF THE BUILDING INSPECTOR'S DECISION IN ACCORDANCE WITH THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.2-6 b.(l)-APPEALS . All members cast their votes . The vote resulted as follows : AYES: None. NAYS: Seymour, Oliver, Leonard , Pratt, Dawson . FINDINGS OF FACT : Mr . Seymour stated that the building did not meet the building code and that it was a fire hazard as it exists. Mr. Oliver stated that he voted no because of ~tr . Pittman's state- ment that the building, as presently built , constitutes a fire hazard. He further stated that it appears by testimony that an alternate scheme can be worked out between the applicant and the the City which would permit him to use the structure in another location that would satisfy the requirements of the Building Department. Mr. Leonard stated that the building did not meet the adopted City's Code. Further he did not believe that the variance request met condition #l in that it does not do substantial justice to all, but only to the applicant. The variance does not meet condition #2 in that the plight of the owner is not due to unique circumstances existing on the property but rather created by the applicant when he built the building without a permit . Thirdly, the variance does notmeet condition #4 of the Comprehensive Zoning Ordinan ce, in that the variance, if author- ized would weaken the general purpo se of the ordinance and the regulations prescribed for the distric t in which the property is located. Mrs. Dawson stated that she felt th is was something that should be worked out with the Building De partment and suggested to Mr. Perry that he meet with Mr. Pittman for further arrangements . Chairman Dawson declared the variance DENIED. ---------------------------------------------------------------- (9) • I • - • • • STEVE CORNETT I ... • • • 1182 SO . LOGAN (home address) CASE 44-79 REQUEST: The applicant is requesting an appeal of the Chief Building Official's denial of his contractor's license . The staff report was read and submitted record. The staff report presented those circumstances and actions taken which lead up to the denial of Mr. Cornett's 1979 contractor's license. Mr. Cornett contracted to build a garage for Mr. and Mrs. Elliot, of 3290 W. Grand Ave. in 1977. During the progress of construction, violations were observed and the frame inspection was rejected. Nr. Cornett was informed of the deficiencies and the possible court action to revoke his contractor's license if the violations were not corrected. 1'1r. Cornett failed to make the required corrections and did not complete the ~arage. The staff report set forth the Chief Building Official s reasons for denial of Mr. Cornett's contractor's license . Mr. Cornett, residing at 1182 So. Logan, was sworn in for testimony. Mr . Cornett stated that his purpose for being before the Board was to request that he be granted a contractor's license to allow him to build in the City of Englewood. Mr. Cornett stated that he substantially denied all of the allegations contained in the staff report and that they had been misrepresented and not the truth. He stated that he believed he was a very good and confident contractor with over fourteen years of experience in the Denver metro area. He stated that in large volume business, one does run into problems once in a while and goes to court on a lawsuit. He stated how- eve~ that 90%-95% of his people and his work is good, above average and is recommended by at least forty different people who will endorse him and varify that he does know the code and do excellent work. Mr. Pratt asked Mr. Cornett to address some of the allegations made in the staff report, especially the one that when he was confronted with the deficiencies in his work on the garage at 3290 W. Grand Ave., he chose to walk away from them . Mr. Cornett stated that he did not walk away from this job . He explained that the real problem was a personality conflict between himself and the assistant building inspector. Mr . Seymour referred to a rough sketch drawn by the building inspector showing Hr. Cornett's roof rafters as installed in ~he Elliot's garage and their deficiencies, and asked Mr. Cornett ~f the drawing was correct . Mr. Cornett explained that Gene Macrander, Building Inspector, told him to remove every rafter in the garage and replace them with new ones. Hr . Cornett stated that this was a hip roof and that at that time every rafter was in place and all of the roofing and plywood were on . He stated that Mr. Macrander would give (10) I • - • • ' ... • • • him no alternative , no c ompromise . He stated that h e then went to his customer and explained the situation and asked them to side with him and appeal Mr . Hacrander's decision, but they would not . He stated that he then told the customer to take the con- siderable amount of money left on his contract and hire another contractor to comple t e the work as he could not and would not comply with the building inspector's request to remove every single rafter. Mr . Cornett stated that he belie~Mr . Macrander's decision was arbitrary and pr o hibitive and that he did not believe this regulation could be supported by the Uniform Building Code and that when he had asked to be shown proof that he had to do such a thing legally, he was nev er shown. Mr. Seymour further discussed t he rafters and Mr . Oliver questioned the other allegated d e ficiencie s stated in the staff report . Mr. Cornett stated that if these corrections were important enough to make him comply with them then they should have been done, whether he did them or someone else later . He explained that the garage had been completed and that the roof rafters had never been removed and replaced . Rather , the Building Department had allowed the owner to make corrective measures which were simple and easy and a good compromise to correct the problem. Mr. Cornett stated that he would have been more than willing to make those similar corrections and would have completed them in a matter of several hours. He stated however, tha t the real problem was not the small corrections of the collar ties or anchor bolts, but rather the arbitrary ultimatum to tearout every one of the rafters which would have destroyed his entire garage and his entire profit. Mr. Cornett further explained that he had been contacted recently by Mr . Clifford Henry of 2736 So. Pennsylvania St. to build his garage addition and had already entered a contract. He stated that Mr. Henry had throughly investigated his references and was satisfied that he could do the work well . Mr. Cornett stated that he did not believ e one incident t3rnished or blemished his reputation and asked the Board to give him a second chance or probationary period to con tinue building . Mr. Clifford Henry, owner of 2 736 So . Pennsylvania St., was sworn in for testimony in favor o f Mr . Cornett's request. Mr. Henry explained that he had live d at his residence for thirty-five years and had wanted to put an addition onto his garage . He stated that he had an unfortunate situation early in the summer with another contractor . He stated that since this would be his second contractor he was extremely cautious in de a ling with Mr . Cornett and made sure he was qualified and could do the job. Hr. Henry stated that he checked all of his reference s a nd ha d no r eason to believe Mr . Cornett could not do t he job . He stated that he was before the Board to speak in behalf of Mr . Cornett and ask that they consider giving him a license, if only temporary for one job so that he could complete his contract with him . He further stated that he had picked Mr. Cornett's name out of the phone directory amongst a number of others and that there was no personal relationship between them . Mr . Henry stated that h e did not know of the other situation prior to contacting Mr . Cornett to build his garage but that he knew of the situation now and still f e lt comfortable having Mr. Cornett do his worl ;. (11) • I • • - • • • • • • Mr. Pittman, Chief Building Inspector, was sworn in for testimony. Mr . Pittman stated that he based his decision to deny ~tr. Cornett's contractor's license on performance factors and contract factors involved with the construction of the Elliot's garage. 1~en construction had begun on their garage, the Elliot's contacted the Building Department about certain aspects of the construction that did not meet building standards. He stated that at that time, Inspector Ed Leone went out and found the violations. Later the next month, Building Inspector, Gene Macrander, also went to the job site and rejected the construction of the garage for the same reasons found by Mr. Leone as well as the additional violation of no anchor bolts in the foundation. Mr. Pittman stated that Mr. Macrander spoke with Mr. Cornett at the time of the inspection informing him that the roof rafters did not conform to Code and that he had severereservations as to whether or not the roof was salvageable . Mr . Pittman explained that, as Mr . Macrander does with all people he deals with in the field when he has to reject their construction, he told Mr. Cornett to go talk with the Chief Building Inspector to find out what alternatives he might have to bring the garage up to Code. Mr. Pittman stated that Mr. Cornett never came to see him and there had been no communi- cation with him . up until the time of his recent application for his 1979 license and building permit for another garage. Mr . Pittman stated that he was concerned that completion of the garage was not done by the contractor as he had proposed in both his building permit and his contract with the Elliots. He stated that Mr. Cornett's permit had stated that he would buihl a brick veneer garage in accordance with the City's adopted Building Codes. ttr . Pittman also stated that he was concerned that by not fulfilling the contract with the Elliots, his endorse- ment of Mr. Cornett's license was not in the best interest of the City and the citizens who are protected by the licensing ordinance . Mr. Pittman submitted photographs to the Board as evidence of the garage at the time of the framing inspec- tion showing the d«iciencies in construction, such as no anchor bolts or any shots in the foundations, incompletion of work such as trimming, and violations of the rafter cuts and improper nailing. (Exhibits 1-12) Mr. Pittman further explained that there were very few ram setting procedures that are approved for anchorage in place of anchor bolts. He stated that such a procedure must be I. C. B. 0 .. approved and Mr . Cornett had never submitted anything that shows or verifys that his installation of ram sets conform to any I.C .B.O approved recommendations . Mr. and Mrs. Elliot, owners of 3290 W. Grand Avenue, were sworn in for testimony. Mr. Elliot stated that Mr. Cornett had contracted to Plt rebar in the foundation. Mr. Elliot stated that after construction of his garage had started, he noticed that there was no rebar and that Mr. Cornett told him the ties which hold the forms were the rebar . He also stated that the framing of the garage was put to the foundation with concrete nails . These concerns were their reasons for contacting the Building Department in April-May of 1977. Mr. Elliot then explained that after Mr. Cornett had talked with the building inspector, he told him that he was not going to finish the job and to get another contractor. Mr. Elliot stated that he told Mr. Cornett that he could not get anyone (12) • I • - • • I , • • • to complete the garage for the balance left on their contract. Mr. Elliot further stated that Mr. Cornet t told him the contract was not worth the paper it was written on . He stated that Mr. Cornett never returned after the rejection of the f raming to make any corrections . Mr. Elliot had to complete the garage door, concrete under the breezeway, the apron in front of the garage, and purchase brick and hire a brick layer to complete the brick veneer, as well as finish the trim and support the beams which were left on galvanized hangers . Mr . Elliot stated that the completion work cost him $1,000 more than if the work had been completed under the contract with Mr. Cornett . A copy of the Elliot's contract was submitted as evidence . (Exhibit If 13). Mr. Pittman explained that it is the policy of the Building Department that if there is a rejection of construction, that the contractor come to the Building Department to find out what can be done to resolve and correct problems. Mr. Pittman stated that he believed the incident a t the Elliot's garage would have been sufficient evidence for revocation of Mr . Cornett's contractor's license if the Building Department had asked for a hearing before the licensing Board. He stated however, that they had hesitated to do that because their primary concern and objective is to see that the work is corrected. Mr . Pittman stated that because Mr . Cornett did no t come in and try to complete his contract , he could not endorse a new license. Mr. Pittman also stated that he conld no t:: address Mr . Henry'5 recommendations but could only look at t he one incident he had been involved with which is wha t he based his decision on . Mr . Leonard asked Mr . Elliot wh~attempts he had made to contact Mr. Cornt:!tt to complete the contract. Hr. Elliot stated that he had contacted three attorneys who told him he wa s wasting his time and that he could not get "blood out of a turnip". Mr. Elliot stated that he did not try to contact Mr . Cornett personally, because he did not know where he lived . Mr . Pittman stated that he had tried to contact Mr. Cornett at that time to see what could be resolved bu t he could get no telephone response. Mr. Pittman also stated that a process server tried to serve a summons but Hr. Cornett could not be contacted . Mr . Pratt asked Mr. Pittman if ~1r. Cornett had been contacted after the first inspec t ion by Inspector Ed Leone. Mr. Pittman stated that he could not say for sure because he was not in employment with the City at that time. Mr. Oliver asked if Mr . Pittman might recall any corrective measures that Mr . Macrander might have passed on to Mr. Cornett a t the time he rejected the framing. Mr . Pit t man explained that it was department policy that any alternatives have to be approved through him and that Mr. Macrander could basically only tell him the frame is rejected and possibly make suggestions or recommendations but that only the Chief Building Inspector has the final authority on alternative correction measures . Mr. Elliot told the Board that Mr. Cornett never asked him to ( 13) I • - • • • • • • appeal the building inspector's rejection . Mr. Pittman explained that Mr. Cornett could have appealed it on his own without the Elliots. Mr . Pittman statm that the recommended correction to the Elliots was to put glue on both sides of the rafters and nail plywood against the rafter tails to support them and reduce the possibility of splitting and that these corrections were being done by the homeowner . Mr. Cornett spoke in rebuttal to the opposition's testimony. He stated that he had been accused of being a thief, deserter of a job, an incompetent workman and a liar . He denied all of the allegations, saying they were unsubstantiated lies. He stated that all of the corrections that had been mentioned had never been done and were just now in the process of being done. He asked the Board why if these corrections were good enough for the homeowner to make why he was not given the opportunity to make them. He stated that he would have been more than willing to make them and could have done so in an afternoon. Mr. Cornett then told the Board that this had been a railroad job from the beginning . He stated that Mr. Macrander was a detriment to the City and that he was aggressive,, bullish, argumentative,and pugilistic. He again told the Board that Mr. Macrander had authorized him unilaterally to tear every one of the rafters out of the garage and that he would not work in Englewood again if he did not comply. He further stated that Mr. Macranaer did not give him any alternatives nor did he tell him to go down to the Building Department. He stated that his name and address were on his permit and that the City had never tried to contact him. Mr. Pratt asked Mr. Cornett how long he had lived at the address on his building permit . Mr . Cornett stated that he had lived there 2% years and had moved only two months ago. Mr. Pratt asked why Mr. Cornett had not gone down to the Building Depart- ment and made an appeal after his confrontation with Hr. Macrander. Mr. Cornett stated he did not know why he did not appeal it then except that he was very mad after ~rr. M~crander had given him the ultimatum. He stated that he considered it a mistake not to have appealed it then but that was why he was before the Board now. Mr. Pratt asked why Mr. Cornett had put on a different roof on the garage rather than the one that he had shown on the permit plans. Mr . Cornett stated that the Uniform Building Code allows two roof structures and he has the option to do either . He stated that the roof he chose to go with was perfectly accept- able. Mr. Pratt asked if he had personally done the work. Mr. Cornett explained the work had been done by a framing crew. He stated that people do framing differently and that although they did not do the framing as he, himself, would have done, he believed their work was acceptable and by no means so bad that it should have been required to be torn out . Chairman Dawson closed the public hearing. The Board discussed among themselves the evidence and testimony which they had heard. The Board discussed an appropriate motion and legal reetrictions that could be applied to such a motion with Hr. Pittman, Chief Building Inspector and Mr. Leo Clark, Assistant City Attorney. (14) I • - • • • I ,.,. • • • Mr. Oliver motioned and Mr. Pratt seconded that : IN CASE 44-79, STEVE CORNETT, THAT THE APPLICANT BE GRANTED HIS APPEAL OF THE CHIEF BUILDING OFFICIAL'S DENIAL OF HIS CONTRACTOR'S LICENSE . All members cast their votes. The vote resulted as follows : AYES: Oliver, Leonard, Pratt, Dawson . NAYS: Seymour. FINDINGS OF FACT : Mr. Seymour stated that from the evidence before him, the work doesn't appear to Code. He found that the court summons was never able to be served to Mr. Cornett and he did not attempt to contact the building official and left the job instead . He found that this was in violation of the Code and made no attempt to correct the problems. Mr. Oliver stated that he finds that Mr. Cornett did not respond to the opportunity he had to come in and discuss the problems with the building official. Further, the Elliot's, through their testimony, were not happy with his work. The work was not completed and the amount remaining on the contract was insufficient to complete the work . Mr . Oliver stated that further, he found there to be no documented evidence that the City made any attempt to contact Mr . Cornett either by phone or by mail to follow up on the possible misunderstanding of the inspector's comments on the job . Mr . Oliver stated that, in his mind, there is the possibility of a grave misunderstanding that took place at one time on the job that could have caused this all to happen. He believed that it was a matter of commun- ication. He finds further, that from the evidence of the photographs, that there is bad workmanship and that the building inspector has the opportunity to not permit it to proceed past the present job if he finds that the continued work is not acceptable . Mr. Leonard stated that it was a very difficult decision to make because Mr. Cornett made no effort to contact the City or the Elliot's, nor did the City or the Elliot's make much effort to contact Mr. Cornett as he had lived at the same address until just a few months ago . Mr. Leonard stated that he felt it would have been pretty easy to have found him and discussed the problem with him. Mr . Leonard stated that it seems to be a conflict of personalities and that Mr . Cornett has made a mistake and asked for another opportunity, which he feels should be granted . Mr. Pratt stated that, as Mr . Oliver, he has grave reservations about this. He is concerned about the lack of proof of the City's attempt to serve the complaint . He is concerned about the fact that Mr. Cornett walked away from his client and made no effort to appeal what Mr. Cornett considered to be a capricious decision. ( 15) I • - • • • • • • Mr . Pra t t fur t he r stated t hat, on t he other hand , he is very aware of the persona lity conflict . Mr . Pratt stated that he believed t hat on t e s timon y, t ha t Mr . Corn e tt deserve $ at leas t one more opportuni t y to prove himself a good builder or to prove Mr . Macrander right. Mrs . Dawson s t ated t hat t here had been mu c h misunderstanding in this case and feel s Mr . Cornett is entitled to another chance . She stated however, that she believed this would be his last opportunity be c ause the City canno t have sloppily bu i lt or dangerous buildings . Hrs. Dawson declared the appeal GRANTED. Mr . Pratt c aut i one d Mr. Cornett not to b e back befo re t he Bo a r d fo r the same r eason and asked for his coo p eration with t he Bu ilding De pa r tl!lent . ------------------------------------------------------------- RONALD KLOEWER 2986 SO. DOWNING ST . CASE 40-79 ~QUEST : The appl icant is requesting a v ariance f r om t he max i mu m lot coverage of 2 5% to a lot coverage o f 27 7. fo r t he purpose of erectin g a g arage. This is a variance of t he Compr e hensive Zoning Ord i nance , Section 22 .4-2 e .-Maximum Lot Cov e rage . Chairman Dawson read into the record the ver ification of proper posting and legal notice advertising of this case in accordance with the Comprehensive Zoning Ordinance , Section 22 .2-6 c . ,(a). The staff report was read and submitted to the record . Mr. Ronald Kloewer , o~mer of 2986 So . Downing St ., was sworn in for testimony . Mr. Kloewer stated that he wanted to build a detached two-car garage in his rear yard to keep his new car and truck so as to protect them from vandalism and the fast traffic on Downing Street . He stated that the new garage would be built of comparable materials to those of the house . He explained that the existing attached one-car garage was inadequate in size and he proposes to convert it into additional living space in the future . The new garage would be entered from the alley and the applicant had no future plans for additional lot coverage . Mr . Kloewer presented four letters of approval from his adjacent neighbors . (Exhibits 1-4) There were no others present who wished to speak in favor or opposition to the variance . Chairman Dawson declared the public hearing closed . Mr . Seymour motioned and Mr. Leonard seconded that : IN CASE 40-79, RONALD KLOEWER, 2986 SOUTH DOWNING ST . THAT A VARIANCE BE GRANTED FROM THE MAXIMUM LOT COVERAGE OF 25 % TO A LOT COVERAGE OF 27 % FOR THE PURPOSE OF ERECTING A GARAGE . THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22 .4-2 e .-MAXIMUM LOT COVERAGE . (16) • I • - • • • ' " • • • All members cast their votes . Th e vote re s ul ted a s fol lows : AYES : Seymour, Oliver , Leonard, Prat t , Dawson . NAYS: None . FINDINGS OF FACT : Mr . Seymour stated that the 2% overlot coverage requested was very small and the applicant had his neighbor's approval . Mr. Oliver stated that a hardship existed in that the sm a ll , existing garage did not adequatel y fit the needs of our modern lifestyles. Further, the 2% overlot coverage would be minimal. Mr. Leonard stated that the 2% overlot coverage was a small amount and the applicant had his neighbor's approval. He also stated that the applicant had a hardship in that he needed the garage to protect his expensive new car and truck . Mr . Pratt stated the 2% overlot coverage would be minimal and that the applicant does have a hardship. Further, he stated that the applicant had his neighbors' approvals and felt a well constructed garage would upgrade the area . Mrs. Dawson stated that she agreed with the previously stated reasons and that the applicant needed the garag e. Chairman Dawson declared the variance GRANTED . ------------------------------------------------------------ VICTOR KLEIN 4057 SO BANNOCK ST . CASE 41-79 REQUEST : The applican t is reques t ing a var i ance f r om the permitted principal use of t he proper ty as single-f amil y to build a triplex and from the maximum lo t cov erage of 30% to 45% lot coverage to build the proposed t riplex a nd garage. This is a variance of t he Comprehensive Zoning Ordinance , Section 22 .4-4 b .(l)-Permitted Principal Use s and Section 22 .4-4 3 . Haximum Lot Coverag e . Chairman Dawson read into the record the veri f ication of proper posting and legal notice advertising of this case in accordance with the Comprehensive Zoning Ordinance, Se ction 22 .2 -6 c ., (a) The staff report was read and submitted t o record . ( 17) • I • - • • • • • • Hr. Victor Klein , owner of 40 57 So . Bannock Street , was sworn in for testimony . Mr . Klein sta ted that h e wished to build a triplex uni t upon the s ub ject p roper ty as a home for him and his wife as ·well a s rent the o t her two units . He stated that they wished to sell their home and still have a place with some room to move around withou t all of the yard work . Mr . Klein stated that the subject lot had been vacant for many years because i~deep hole did not lend to single-family dwellings . He proposed to fill in the site and construct the triplex with appropriate drainage and landscaping . Hr . Klein described the triplex as being a somewhat closed structure where the garages come in from the back, with .a fenced court yard and double garages for each unit . He stated that each 1 ,000 sq . ft . unit would have two bedrooms with basement area that could also be finished with additional bedrooms . The City had expressed its concerns for adequate drainage from that site and had asked that if the variance were granted that the applicant be.required to provide a drainage study based on the 10-year storm design. The existing alley will not handle the significant run off from this site without creating flooding conditions for neighbors west of the alley . Mr. Klein stated that he had discussed this problem with the City Engineering Department and assured the Board that he would work with them to adequately take care of the drainage. He reviewed his site plan and proposed landscaping with the Board and explained how each adjacent property would be affected . Mr. Klein stated that if he could not get a gas tap he would build electric . Hr . Klein further stated that he had polled the neighborhood and said that everyone was in favor of the development of the site . There were no others present who wished to speak in favor or in opposition to the variance. Chairman Dawson closed the public hearing . Mr . Seymour motioned and Mr . Oliver seconded that : IN CASE 41-79 , VICTOR KLEIN, 4057 SOUTH BANNOCK STREET, A VARIANCE BE GRANTED FROM THE PERMITTED PRINCIPAL USE OF THE PROPERTY AS SINGLE7FAMILY TO BUILD A TRIPLEX AND FROM THE MAXIMUM LOT COVERAGE OF 30% TO 45% LOT COVERAGE TO BUILD THE PROPOSED TRIPLEX AND GARAGE. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22 .4-4 b. (!)-PERMITTED PRINCIPAL USES AND SECTION 22.4-4 3 . MAXIMUM LOT COVERAGE . FURTHER, THAT THIS VARIANCE BE CONTINGENT UPON THE APPLICANT PROVIDING A DRAINAGE STUDY BASED UPON A 10-YEAR STORM DESIGN. All members cast their votes . The vote resulted as follows : AYES : Seymour , Oliver, Leonard, Pratt, Dawson . NAYS : None. (18) • I • - (' • • • • • • FINDINGS OF FACT: Mr. Seymour stated that he felt this was a good use for a previously unused piece of ground . He stated tha t this was a unique piece of ground and that such development would prove to be an asset to the neighbors. He further stated that there was opposition presented. Mr. Oliver . stated that the site was unique and that this solution seems to be the most appropriate. He felt that development of the property will do substantial justice to the entire neighborhood. Mr . Leonard stated that Mr . Klein had said all of the neighbors had approved of his project and that there was no opposition presented. Mr. Leonard stated that the request met the conditions of the ordinance to grant a variance . He felt the development would be an improvement to the neighborhood. Mr. Pratt stated that the variance would do substantial justice to all and not just the particular applicant in that the pro- perty has been vacant for years and this is the most appropriate use for it. He further stated that the uniqueness of t he property creates problems for the owner and that if held strictly to the single-family use, it would be very uneconomical . Chairman Dawson declared the variance is GRANTED. --------------------------------------------------------------- DIRK L. CRAVER 4795 SO. HURON ST . CASE 42-79 REQUEST : The applicant is requesting a variance to permit the construction of a 5 ft . fence (70 % closed, 30 % open) extending partially into the front yard in the northeast corner . This is a variance of the Englewood Municipal Code, Section 3-2-3 (b) 4. Fences . The staff report was read and submitted to record . Hr. Dirk Craver, owner of 4795 So . Huron , was sworn in for testimony. Mr . Craver submitted four letters of approval from the north , south, and rear neighbors . Mr. Craver stated that he believed his fencing plan would improve the property and enhance its appearance . He explained that his design of the N.E . property corner would enlarge his privacy area (rear yard) and enhance the appearance of the corner. He stated that he had no hardship but he wanted the fence for more space and extra length to play frisbee or other types of recreation . He further stated that the neighbor on the north side, whose ·property line he would be tying in with, had no objection to any visual obstruction created by the fence. Mr. Craver stated that his father, who was co-owner of t he property, was present (19) I • • - • • • • • • and in favor of the variance. There were no others present who wished to speak in favor or opposition to t he variance . Chairman Dawson closed the public hearing. Mr. Oliver motioned and Mr . Seymour seconded that: IN CASE 42-79 , DIRK L . CRAVER, 4795 SO . HURON STREET, A VARIANCE BE GRANTED TO PERMIT THE CONSTRUCTION OF A 5 FT. FENCE (70% CLOSED , 30 % OPEN) EXTENDING INTO THE FRONT YARD IN THE NORTHEAST CORNER . THIS IS A VARIANCE OF THE CO~WREHENSIVE ZONING ORDINANCE, SEC-TION 3-2-3 (b) 4 . FENCES. All members cast their votes . The vote resulted as follows: AYES: Leonard, Pratt, Dawson . NAYS: Seymour, Oliver. FINDINGS OF FACT : Mr . Seymour stated that there was no hardship and that the applicant already had a larger than average backyard . He felt the fence would be a detriment to the neighborhood as the extension into the front yard breaks the flow of the street. Mr. Oliver stated that there was no hardship and that the extension of the fence into the front yard setback would detract from the continuity of the front yard Rlanning . He explained that this is why we have the 25 ft . front yard setback in these zones so as to maintain the overall open space . He felt the variance would do justice to no one but the owner. l1r. Leonard stated that the applicant had approvals from his neighbors , especially the neighbor on the north who would be most affected. He stated that these neighbors had lived there for twenty years and knew the situation well . He stated that Mr . Craver needed the extra space for his famil y and himself . Mr . Pratt stated that he felt the fence would be an improve- ment to the area and was consistant with the other landscaping efforts he had made. He stated that the neighbor directly on the north, who would be most affected by the variance had given approval as well as the other neighbors he had contacted . Chairman Dawson stated that an affirmative vote of four members was required to grant a variance . As the vote was three affirmative and two opposing, the variance was DENIED. ------------------------------------------------------------ (20) .. I • - • • • • • • HANS KAHN/COUNTRY CLUB JOINT VENTURE CASE 43-79 APPROX . 1600 E. GIRARD APPEAL : The applicant is requesting an appeal to permit fire sprinklers in the corridors and inside the entry of each apartment, and pressurize the stair enclosures and sprinkle at each floor in lieu of compartm~ntalization of the proposed structures . This is an appeal of the Building Inspector's decision in accordance with the Comprehensive Zoning Ordinance, Section 22.2-6 (1) Appeals . The staff report was read and submitted to record . The staff report stated that the applicant proposes to build eight high- rise structures, each thirteen sto+ies in height . The appli- cant proposes to meet the design criteria for high-rise struc- tures of the 1973 and 1979 Uniform Building Codes . The applicant proposes to design the structures to meet all those requirements with two exceptions : 1. Eliminate the smoke vestibule of the smoke proof enclosure as required in the 1973 Uniform Building Code, Section 3309 . 2. Separation of the elevator lobby from the exit corridors as required in the 1973 Uniform Building Code, Section 1807 (i). In lieu of these particular compartmentalization requirements of the Uniform Building Code , the applicant proposes to fire sprinkle the corridors and provide one fire sprinkling head inside of each living unit and exit enclosure. The applicant also proposes to pressurize the exit enclosures so that smoke can not enter the exit enclosure. The applicant has also agreed to provide additional safe guards, all of which exceed the building code . requirements. Mr. Rod Anderson and Mr. John Shaffer, representatives for the applicant in this case , were sworn in for testimony. Fire Chief Don Braunreiter was also sworn in for testimony . Hr. Anderson stated that the basic problem is that the Uniform Building Code requires that a high-rise building such as they propose either be compartmentalized or fully sprinklered . He explained that both methods can become quite uneconomical . He stated that he and his associates had worked very closely with the the Fire Department and Chief Braunreiter to come up with some- thing that would be economical and at the same time improve life safety over Code minimums . He stated that the results of their conferences and working together had been to come up with fire sprinkling in the corridors and inside the doors of each apartment unit . He felt that this will offset the problems that arise in trying to provide some of the compartmentalization require~ents. He explained that to fully sprinkler the building would be very costly in an apartment layout and would allow them to take all of the credits that the Code allows for a fully sprinklered building . He stated that they would rather use partial (21) • I • - • • • • • • sprinklers at critical pla c es and still maintain most of the compartmentaliz ation r equir ements . He explained the compart- mentalization requirements of t h e 1973 and 197~ Uniform Building Codes referring to a chart he had prepared and compared them to their proposed plans. He stated that he felt their trade off was not just equal but provided more fire safety ra t her than just comply with Code minimums . Chief Don Braunreiter of the Englewood Fire Department was sworn in for testimony . Mr. Braunreiter stated that they had started review of these plans and the Codes many months ago and that the applicants had been very cooperative in agreeing to go by the 1979 Uniform Build i ng Code which has not yet been adopted . He stated that they had very fire safety conscicusarchitects and engineers preparing the plans. He stated that they were proposing an almost fully sprinklered building and yet were complyingwith codes called for of a non-sprinklered building which they would not have had to do. In those respects , he felt their plans exceeded the Codes as far as the Fire Depart- ment is concerned . Mr. Braunreiter presented a 10 minute slide and tape presentation showing how effective a fire sprink l er- ing system is. He stated that with a sprinkler head inside each unit door,as proposed by the applicant , the fire would be contained to only that one unit . He explained that with compart- mentalization, without sprinkler s, a fire would cover an entire floor. He explained that this building is designed with built in fire safety, fully detecto~ ~rinklered corridors, sprinklered stairways, pressurized stairwells, and sprinkler heads in each unit which would more than compensate for the loss of the vestibule to the stairwell and the separation from the elevators . He further explained that compartmentalization is better with this design than it would be as called for in the Code because with this design a fire would be contained in one unit . He again stated that this was his basis for saying their plan will exceed the minimum requirements called for by the Code. After further discussion between the Board members and the applicantu, Chairman Dawson declared the public hearing closed. Mr . Seymour motioned and Mr . Pratt seconded that : IN CASE Lf3 -79, HANS KAHN/COUNTRY CLUB JOINT VENTURE, APPROXIMATELY 1600 E . GIRARD, THE APPLICANT BE GRANTED AND APPEAL TO PERMIT FIRE SPRINKLERS IN THE CORRIDORS AND INSIDE THE ENTRY OF EACH APARTMENT , AND PRESSURIZE THE STAIR ENCLOSURES AND SPRI ~KLE AT EACH FLOOR IN LIEU OF COMPARTMENTALIZATION OF TP. PROPOSED STRUCTURES. THIS IS AN APPEAL OF THE BUILDING INSPECTOR'S DECISION IN ACCORDANCE WITH THE COMPREHENSIVE ZONING ORDINANCE, SECTION 2 2.2 -6 (1) APPEALS . All members cast their v otes . The vote resulted as follows : AYES : Seymo ur , Oliver, Leonard, Pratt, Dawson. NAYS : None . (2 2) I • - - • • •' FINDINGS OF FACT : I / • • • Mr. Seymour stated that the request seems to exceed the require- ments of the Code and will make for a safer situation . Mr. Oliver stated that he found the trade-off that was being offered was in excess of the Code requirements and seems to more than balance the loss of the vestibule and closure of the one required elevator lobby, which in this plan would have caused an economical problem for the developers, but in the end, ended up being a more safe solution to the problem than had they strictly followed the Code . Mr. Leonard stated that their proposal exceeds the Code require- ments and has the Fire Department's recommendation and no objection from the Building Department . Mr. Pratt stated that by the testimony of the Fire Department, with this combination of two methods, far superior safety factors would be provided to residents of the building than if they would strictly apply only one method. He felt the proposal will serve everyone well and provide the developers with economical units. Mrs. Dawson stated that the description by the Fire Department made it clear it would be adequate. Chairman Dawson declared the appeal GRANTED. Mr. Seymour motioned and Mr . Leonard seconded that the minutes of the August 8, 1979 regular meeting be approved as written. Upon a call of the roll, a unanimous vote resulted and the minutes stand approved. There being no further business before the Board , Chairman Dawson declared the September 12, 1979 regular meeting adjourned at 2:15 A.M. September 13, 1979 . t:~a,,,iJ Vaerfe Christy. f Recording Secretary (23) • I • - .. ( • • • • • • MINUTES OF ENGLEWOOD HOUSING AUTHORITY REGULAR MEETING October 3, 1979 6 B The regular meeting of the Englewood Housing Authority was called to order by Chairman Thomas J. Burns at 5:10 P.M. at the Simon Center, 3333 South Lincoln, Englewood, Colorado. Roll Call Members Present: Members Absent: others Present: Thomas J. Burns, Chairman Betty Beier, Vice-Chairman -arrived at 5:30 P.M. David B. Clayton Rev. J. Stanley Fixter -arrived at 5:15 P.M. Cindy Peterson None .. Mike Reddy, Executive Director, Housing Toni Morris, Associate Housing Coordinator Jim Keller, Executive Director, Downtown Development Authority Recording Secrttary Reading and Approval of Minutes The minutes of the special meeting held August 22, 1979, and the minutes of the regular -eting held Auqust 29, 1979, were conside:r;ed for approval. The following changes were recommended: Minutes of Regular Meeting on Auqust 29, 1979 Page 2 -omit extra "that" in second paragraph Page 4 -delete the words "of Bismarck" in last paragraph Page 5 -change the word "care" group to "peer" group in third paragraph Page 6 -the motion should be reworded to state: BETTY BEIER MOVED AND CINDY PETERSOO SECONDED THE MOTION THAT THE PROCEDURE THAT HAS BEEN RECOMMENDED BY THE EXECUTIVE DIRECTOR TO SELECT THE MANAGER FOR THE SIMON CENTER, •• MOTION DAVE CLAYTON MOVED AND CINDY PETERSON SECONDED THE MOTION TO ACCEPT THE MINUTES OF AUGUST 29, 1979 AS AMENDED. THE MOTION CARRIED AS FOLLOWS: AYES: THOMAS J. BURNS DAVID CLAYTON REV. STAN FIXTER CINDY PETERSON NAYS: NONE I • - • • • MOTION , , • • • CINDY PETEJI.Sail MOVED AND REV. STAN FIXTER SECONDED THE MOTION TO ACCEPT THE MINUTES OF THE SPECIAL MEETING OF AUGUST 22, 1979. THE MOTION CARRIED AS FOLLOWS: Section 8 Existing Report AYES: THOMAS J. BURNS DAVID CLAYTON REV. STAN FIXTER CINDY PETERSON NAYS: NONE ABSENT: BETTY BEIER Mr. Burns stated that Cynthia Leon from HOD wrote to him recently asking why she had not received a response to the audit findings. Mr. Burns stated that he sent a letter to her stating that he understood the findings were being responded to by Mike Reddy. Ms. Morris stated that all of the findings on the audit have been taken care of. Mr. Burns asked about the increase in total number of certificates from 100 to 102. Ms. Morris stated that this is due to the additional l and 2 bedroom units that were changed from 3 and 4 bedroom units. She stated that HUD gave us an additional two l bedroom units so now we have 102 units instead of 100 units. Mr. Clayton asked if the changing of 3 and 4 bedroom units to l and 2 bedroom units would make the Section 8 program more workable and ease the workload. Ms. Morris responded by saying that the Section 8 program is a continual process and it will never be 100' leased up due to a continual turn- over. Discussion ensued regarding this matter. Ms. Morris stated that the thing that takes time in the Section 8 program is the presentations to the landlord convincing them that this is a good program with many good points. Mr. Reddy stated that the letter from Cynthia Leon at HOD regarding the audit mentioned the inadequate administrative staff. He stated that the Englewood Housing Authority is looking at the possibility of trying to get the City to hire a CETA intern to help with the Section 8 program. Another way would be to look at the overall program to see if we can realistically handle this many units (100 units). Mr. Reddy thought that if aCETA intern were to be hired for approximately 8 months this would be a solution to the administrative problem. Rehab Report Mr. Reddy stated that the final draft of the new Rehab brochure will be printed this month. This brochure will be printed in the Englewood Citizen in November or December. Mr. Reddy stated that a large article on the Rehab Program will be in the October issue of the Englewood Citizen. A group process will be set up to explain the Rehab Program to interested applicants. A slide show will also be shown at this -eting. Mr. Reddy stated that this brochure is more graphic than the last one; the staff feels this brochure will generate more interest in the Rehab Program. -2- , I • - , ;' • • • Report on NAHRO National Conference in Atlanta, Georgia Mr. Reddy stated that he did not have a chance to deal with many sessions at this conference. He was asked by the President of NAHRO to serve on the Member Services Committee. Mr. Reddy stated that this is a new standing committee. Members of this committee spent alot of time discussing what role this committee should take and how to generate funds for NAHRO on a national basis to offer the kinds of professional development services that the membership is requesting. Mr. Reddy stated that generally what has happened is that Executive Directors reap alot of benefit from NAHRO membership and possibly mid-managers reap some benefit from it. But other people, i.e., managers of various centers, etc., do not really get that much out of it so it is hard to sell employees on becoming individual members of NAHRO if they do not have something they will get out of it. Mr. Reddy stated that the individual membership dues have been raised this year; agency dues will remain the same. The first national conference will be held in Denver on November 14, 15, and 16 at the Brown Palace Hotel. Mr. Reddy stated that this Membership Committee will be looking at ways to get more Ca.munity Development people actively involved in NAHRO. He stated that the second conference will be held in February, 1980, the third in May, 1980, and the fourth at the end of the sUIIIIIIer of 1980. Mr. Reddy stated that the members to serve on this Member Services Committee include John Galleotos who is Executive Director of the Cheyenne, Wyoming Housing Authority, Dick Sullivan from Colorado Springs Housing Authority, Jack Quinn from Pueblo Housing Authority and himself; the rest of the members are from out- side of the region. ~ Mr. Reddy stated that this region is taking a much stronger role than it has • • in the past. NAHRO has been dominated in the past by southeastern and north- eastern regions. NAHRO and ·this Member Services Committee will have direct access to Congress on their decisions about what kinds of programs we run and what kinds of budgets we put into them. Mr. Reddy stated that he feels that this will help the growth in this part of the country. Back East they have no understanding that there is a problem with the Section 8 Existing Program in this region as they have out migration from populations in the cities in the East. The East has units available because of out migration and there are reasonable rental rates. In this part of the country we are on the receiving end of the East's out migration and we do not have available rental units and reasonable rents. Mr. Burns stated that he thought it was beneficial to the Housing Authority that Mr. Reddy is getting involved in this NAHRO Member Services C011111ittee. Mr . Burns then discussed the sessions he attended at the NAHRO convention. He stated that on Thursday, September 27th there was an overview on financing and Community Development in the country. The representatives at the session were saying that the society is changing so fast that no one is very sure where the housing market is going due to the change from two heads of households to single heads of households, two income families, male heads of households, and female heads of households. Mr. Burns stated that he liked some of the things he heard about capitol invest- ment by private enterprise and the cooperation between public entities and private enterprises. Several times during this conference it was remarked that the cities in this country were built by private industry, they weren't built by governments. The idea was to try to give incentives to private businesses to cooperate with government in order to revitalize inner city areas. -3- • I • - • • • • • • Mr. Burns stated that in the afternoon there were concurrent sessions. He stated that he attended one such session that created alot of controversy. There was a session on legal issues and personal liability faced by Commissioners and agencies. There was a speaker who was a general counsel for the Houston Housing Authority who talked about the types of exposures that Commissioners and agencies should not think that they are covered against, such as civil rights actions and the like as they are not covered by most insurance companies. Mr. Burns asked Mr. Reddy to check the Englewood Housing Authority's situation regarding this coverage for the Commissioners. Mr. Burns stated that Robert Sinclair who is the Risk Manager for Nashville, Tennessee, led a discussion on coverage. He explained to the session that initial coverage is the general coverage that you have against property damage and injuries occurring in housing owned by the Authority or the people that work for you get injured; also, suits from tenants who were evicted for various reasons. Second coverage is auto- mobile accident coverage. Third coverage is the umbrella coverage which is the general overview type of coverage that municipalities ought to have. This coverage includes various types of suits people will file against Housing Authorities without specifying exactly what kinds of actions they are talking about. That kind of coverage is virtu..lly non-e.xistent. The insurance industry does not write it for Housing Authorities. Mr. Burns stated that HUD will not allow the Housing Authorities to put in their line item budget a premium for an individual Commissioner for coverage. They will only allow the general coverage for the Authority itself. Mr. Burns stated that HUD is now reviewing their stance on this issue to see if they might change this policy. Mr. Burns stated that the Commissioners at this session asked for solutions to the issue of insurance coverage. Some of the remedies that people use are self-insurance, putting aside a certain amount of money yearly and building up a fund for insurance. Another is a pooling effect where several Authorities in the region will get together and pool money to try to insure themselves. Some Authorities are going without insurance. Mr. Burns stated that the next day the Commissioner's session met in the after- noon. A Commissioner Committee was established in NAHRO a year ago and they passed a resolution insisting that NAHRO staff all committees with 50\ Commissioners on their regional board. The Commissioners felt that they had been shunted aside in the past, and now they wanted to be heard. Mr. Burns stated that an attorney spoke for one of the Authorities in attendance. This attorney said that in regard to the line item budget problem for premiums, the Housing Authorities' budgets include monies that are not HUD monies. Many Housing Authorities have City or State monies. This money can be allocated ,. for premiums for Commissioners. Mr. Burns stated that some of the Housing Authorities have a rough time with their City Councils. He stated that we should be thankful that the Englewood Housing Authority has communication and cooperation with our City Council. Mr. Burns stated that he felt we have an excellent rapport with our City Council in comparison with other Authorities who voiced their opinions. Mr. Burns discussed the Public Housing session. He stated that he spoke with Mr. McHendry who was appointed as a special undersecretary for Public Housing and Indian Affairs. Mr. Burns stated that he related to him this situation we have on our new building regarding prototype costs going up. Mr. McHendry said that we would have to bid the project and if all bids were over the total budget, we would have to go to HUD and ask for an increase in the budget. Increases would depend on if there were funds available. Mr. McHendry stated that we may have to cut back on some items in the building if there were no funds available. -4- • I • • • • • I • • • • Mr. Burns stated that he was pleased with the overall conference, especially the Commissioners' session as in past sessions the Caa.dssioners have been ignored • It was said at the session that the Commissioners represent voters and that the Commdssioners do have something to say in their communities and should not be shunted aside. Mr. Burns stated that he felt that these sessions helped the Commissioners realize that they have something to say and should be recognized. Mr. Burns stated that he toured Atlanta's housing projects. Atlanta Housing Authority has 15,000 units with 55,000 tenants. They are also doing alot of rehab and other programs in Atlanta. There have been over 800 rehab jobs on older homes in J>tlanta. Mr. Reddy then gave an update on the DRCOG proposal. He stated that Alice Fessenden is serving on the Housing Committee for DRCOG. Mr. Reddy stated that there had been some kind of a mixup and the proposals that DRCOG had received were not the proposals they had intended on receiving, and that the money will not be available until sometime in December. Mr. Reddy stated that in response to questions about self-cleaning ovens and self-defrosting refrigerators, a letter w,as sent to Bonnie Johnson explaining that the staff had discussed this issue with HUD. He stated that we are planning on putting both items in the developers packet as options on the option page. HUD is very reluctant to do this because they had to get in touch with the people who handle the energy costs for running these operations. The amount was astronomical. In some cases it doubled the energy consumption of the building by having these two items in every apartment. They said this would probably not work because of the push from HUD on energy conservation. .. The Commissioners stated that the Public Housing project should be on the agenda every month for the Commissioners meeting. • • Mr. Reddy stated that concerning the appraisal of the property, he, Rich Wanush and Gary Diede from the Engineering Division met with HUD. HUD has now approved the site and have forwarded the information to the appraisal division. Mr. Reddy stated that he talked with Bruce Roof and he said that he should have the appraisal by the end of this week. Mr. Reddy stated that he contacted Richard Holl at Security Pacific and told him that he was looking forward to negotiating with him on the property in the next few weeks. The next step is to have two advertisements and a prebid conference at the Simon Center in which all City Departments involved in this project will be in attendance to answer questions the developers might have. Mr. Reddy stated that this region has had very low response to the Turn-Key projects. He stated that there seems to be an indication that this may change because construction is down in the metro area, but there is an increase in construction on the western slopes. Mr. Reddy stated that there is one contractor who is diligently at work on this project. Mr. Reddy stated that the national housing conference will be held in Denver this year. There will be mini-labs with sessions on the disabled, and administra- tive sessions. The conference will be held November 14th, 15th, and 16th, 1979 at the Brown Palace. Mr. Reddy stated that he would like to see haw many of the Commissioners would like to attend some of these sessions. He stated that he would like everyone to be a part of this conference and attend some sessions • Discussion ensued regarding the appointment of the new manager couple, Art and Mary Conrad. -5- I • - • • • • • MOTION BETTY BEIER MOVED AND CINDY PETERSON SECONDED THE MOTION TO ACCEPT ART AND MARY CONRAD AS THE NEW MANAGERS OF THE SIMON CENTER. A RESOLUTION TO THIS EFFECT WILL BE DRAWN UP. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: THOMAS J. BURNS BETTY BEIER DAVID CLAYTON REV. STAN FIXTER CINDY PETERSON NONE Mr. Reddy stated that the Englewood Housing Authority has to start looking at the kinds of programs Englewood should offer. The Comprehensive Plan for the City of Englewood is looking at these goals. There are provisions in this plan that indicate what the goals are for Englewood relative to Housing. Some of the provisions that we want to take a serious look at are promoting f~ly housing in Englewood, and stabilizing the housing that is available for the elderly in Englewood. Mr. Reddy stated that he and other Community Development staff talked about this plan and felt this was a good opportunity for the Planning Department to take this issue and start actively coming up with a Comprehensive Housing Plan for Englewood. Alice Fessenden will be working on this plan from now until April of 1980. Mr. Reddy stated that one of the problems with the Housing Assistance Plan required by HUD is that they tend to tell you what you need to do based on what the need is. They do not mention anything about housing availability and the kinds of housing that are in the community. Mr. Reddy stated that the only way to compile the information for the Comprehen- sive Housing Plan is to get the base data necessary to indicate what the problems are, and then to determine who you are serving, what is the effect of housing on the schooling, what effect dut~ this create on the overall City budget. The plan will give us raw data to state the problems and show potential solutions. Mr. Reddy stated that the information generated will assist us in convincing HUD that the problem is not that Englewood is not interested in supplying housing; the problem, instead, is that the kinds of programs available may not fit the needs of the community. Discussion ensued regarding this matter. MOTION BETTY BEIER MOVED AND CINDY PETERSON SECONDED THE MOTION TO ADJOURN THE MEETING AT 7:05 P.M. THE MOTION CARRIED UNANIMOUSLY. Following the meeting there was a special dinner to award a plaque to Eden Webster in appreciation for her service for helping the Englewood Housing Authority through this transition period. The dinner was also held to welcome the new managers, Art and Mary Conrad and to thank Roy and Marian Young and Clarence and Marian Natelborg for their help and cooperation in assisting at the Simon Center during the absence of a manager . -6- • •' I • , ,· • - • • The Englewood Housing Authority Minutes of the October 3, 1979 Regular Meeting were officially approved by the eo..issioners on November 1, 1979. v Englewood Rousing Authority • I • • - • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COIOIISSION OCTOBER 16, 1979 I. CALL TO ORDER. 6 The regular aeeting of the City Planning and Zoning Coamission was called to order at 7:05 P.M . by Chairman Tanguma. Meabers present: Draper, Lathrop, Pierson, Smith, Tanguma, Williams, Becker, Bilo, Carson Romans, Acting Ex-officio Meabers absent: None Also present: Associate Planner Alice Fessenden II. APPROVAL OF MINUTES. Mr. Tanguma stated that the Minutes of October 2, 1979, were to be considered for approval . La tbrop moved: Williams seconded: The Minutes of October 2, 1979, be approved as written. AYES: Carson, Draper, Lathrop, Pierson, Tanguma, Williams, Becker, Bilo NAYS: None ABSTAIN: Smith The motion carried. III. WEST QUINCY PLACE Right-of-way Vacation CASE #23-79A October 2, 1979 Mr. Tanguma stated that this matter was carried over from the last meeting. He asked Mrs. Romans to give a run-down on the request. Mrs. Romans stated that at the meeting of October 2, 1979, the Planning Commission considered a request by Mr. Jerald Hughes, property owner at 4240 South Lipan Street, to vacate the right- of-way on West Quincy Place which extends from South Lipan Street east to the Jason Park boundary. This right-of-way has been used by the Parks Department maintenance crews and by pedestrians for access to the Park fro• the west side. The right-of-way also provides access to the garage at 4240 South Lipan Street; and to a lesser degree, to the carport on property at 4260 South Lipan Street. • c. I • - • • • • • • -2- The eo .. ission asked that the staff get in touch with the Parks and Recreation Departaent to clarify the need for the vehicular and pedestrian access to Jason Park from the west on West Quincy Place. Pursuant to this request, the staff got in touch with Parks and Recreation Director Roaans and Assistant Director of Parks Kuhn . Both Mr . Roaans and Mr. Kuhn have stated that they do use this aeans of access to the park for their aaintenance equipaent, and that the access should be retained. Mrs. Romans pointed out that Jason Park has no paths traversing it, and aaintenance equipaent would have to be driven across the grass froa the south or east to cut weeds or do other maintenance work on the west and north sides of the park if the western point of access were eliainated. Mrs . Roaans stated that the Parks and Recreation staff have reported that on at least one occasion, the pedestrian gate bas been padlocked by someone other than Parks Departaent personnel and complaints have been received in the Department that pedestrians wishing to get into the Park have been unable to use the west access gate. It was necessary on this occasion to cut the padlock off. It is the opinion of the staff that the access from the west is an iaportant feature, and Mrs. Romans emphasized that Jason Park is a public "neighborhood" park developed to serve the residents of this neighborhood. These residents should have convenient access to this Park. Mrs. Romans reported that the Director of Parks and Recreation told her that when application was made to HUD for federal funds to develop the Park, the plans showed that there would be access on the west side of the Park to serve those faailies living on South Lipan Street and for the Parks maintenance personnel. Mrs. Roaans stated that she felt the aatter was up to the Planning co .. ission to deteraine whether or not there is a need for access for pedestrians and maintenance personnel at this point, and what access would be adequate. Mr. Saith noted that the Staff Report Addendum indicates that Parks Director Roaans "questions the infrequency of use", and asked if other inforaation on the aaount of use was available? Mrs. Roaans stated that no specific figures on usage were sub- aitted. Mr . Bilo asked if the vacation were to be approved, would there be a requireaent to change the curb and gutter froa the present alignment? Mrs. Roaans stated that if the right-of- way were vacated, the curb and gutter line would have to be adjusted. Mr. Bilo asked if this would be at the expense of the property owner? Mrs . Romans stated that she understood that it would be. Mr. Tanguma stated that he felt it was too bad that soaeone from the Parks and Recreation Department was not in attendance to fully explain the need for the right-of-way . He noted that equipment is driven across the grass in other parks, such as at Cushing Park • • I • - • • • • • -3- Mrs. Becker stated that some consideration was given at the last aeeting to signing the accessway to prevent parking along the right-of-way if the 16 feet is retained. She asked if this was possible. Mrs. Roaans stated that it can be signed to pro- hibit parking along the right-of-way . Mrs. Roaans noted that there have been complaints about the use of the west side of the park fro• the neighbors in the area, and soae of the soccer gaaes have been relocated because of these coaplaints. Mr. Saith stated that he felt people parked in this area now because it looks like a aini-parking lot, and not like an "alley". If this looked more like an alley, people might not be as apt to park there. He felt that signing to prohibit parking in the alley would be sufficient, or that it could be designated as a "tow-away zone". Mr. Tanguaa DOted that Mrs. Hughes was in the audience, and asked if she wanted to address the co .. ission? Mrs. Geraldine Hughes 4240 South Lipan Street -pointed out that she and her husband "didn't ask for this on their own doing; it was offered to thea by Joe Plizga. He came out and checked it, and he said what the City could do is give them the property and he said there was no reason they couldn't have it. He said be talked to the Parks Department personnel and was told they didn't use the gate." Mrs. Hughes stated that in her opinion, the maintenance crews only use the gate once a year or so; she stated that the crews have used it aore in the last few weeks than they have before. Mrs. Hughes stated that they have gone through several years of problems with this right-of-way and getting in and out of their garage which bas the entrance froa this right-of-way. Mrs. Hughes stated that she and her husband have not said that they wanted the pedestrian gate and access closed; she has a son in the second grade who uses this access into the Park. She does not feel, however, that the City uses the right-of-way and there is no need for the City to retain it. She stated that her neighbors wanted to put in a garage --they now have a carport --but that they cannot do it if the 16 foot right-of-way were to be retained. She and her husband wanted to extend their yard to the south and possibly put in a garden; again, the 16 foot right-of-way would preclude this possibility. Mrs. Hughes stated that she feels the statement in the "letter" they received iaplies that she is the one who placed the lock on the pedestrian gate. She stated that she did not . Mrs. Hughes stated that Mr. Plizga told her that the Parks personnel placed the lock on the gate. Mrs. Hughes eaphasized that they are DOt trying to get the pedestrian gate closed; she pointed out that there are "36 kids in this block" that can be expected be use this access. Mrs. Hughes noted that South Lipan Street is subject to high-speed traffic, and that "cars go 80 miles per hour down the street." Mrs. Hughes stated that much of the parking problem is caused by soccer teams from the City I • - • • • • • • -4- of Littleton who use the Park for practice. These people park in front of the residences and along the right-of-way to the park, blocking driveways for the residents of the area. Mrs. Hughes stated that they wanted to "do this right and are now being acused of putting the lock on the gate, and she didn't do it." She stated that she has lived in Englewood for 33 years, and has two daughters who are graduates of Englewood High School, plus a son in Maddox Elementary School. Mr. Smith asked Mrs. Hughes what "letter" she was referring to that indicates she put the lock on the pedestrian gate? Mr. Tanguaa stated that he felt Mrs. Hughes was referring to tbe Staff Report Addendum. Mr. Saith stated that if this is the case, be does not get that interpretation froa the Addendum. Mrs. Hughes stated that she showed this "letter" to three persons who reside in the block, and it was their feeling that this would indicate she was trying to keep people out of the Park and that sbe put the lock on tbe gate. Mr. Smith reiterated that be did not feel this Addendua reflects this interpretation. Mrs. Hughes stated again that Mr. Plizga said that the Parks personnel put the lock on the gate because the teams tore up the grass, but it didn't stop the use of the Park or stop the people parking in the right-of-way. Mr. Saith stated that if the vacation is approved as recoamended by the staff, leaving a 16 foot right-of-way, itwould look aore like an "alley" and aight discourage persons from parking there. Mr. Saith stated that if the vacation were to be approved with the 16 foot alley, this would provide each property owner with an additional 22 feet of property; he asked why this additional 22 feet could not be developed and be of benefit to the property owner? Mrs. Hughes stated that she and her husband would be paying extra in property taxes and the City would still have access across the land. Mrs. Hughes also stated that the boundary lines of their properties are 10 feet further out than they had thought, and that the property owners would only be getting an extra eight feet more than they have right now. Mr. Saith eapbasized that the property owners would be legally acquiring another 22 feet of land if the 16 foot right-of-way were to be retained; they would acquire an additional 30 feet of land if no right-of-way were to be retained by the City. He asked why this additional eight feet is important to Mrs. Hughes? Mrs. Hughes stated that the City does not need it. Mr. Saith asked Mrs. Hughes if she would be willing to give a "life-tiae easeaent" through the property to provide access and if they would grant the City the right to go through there at any tiae? Mr. Williaas stated that he felt this was an unfair question, and that Mrs. Hughes should have legal counsel before answering such a question • • I • - • • • • • • • -5- Mr. Saitb explained to Mrs. Hughes that if the property is vacated to Mr. and Mrs. Hughes and Mr. and Mrs. Villnow at 4260 South Lipan Street, and no easeaent or right-of-way is retained by the City, they are under no obligation to let anyone through that property to get to that gate unless they grant an easeaent across the land for access. This easement would have to be granted to the City. He stated that any decision the Planning Coamission makes aust look at the future. The idea is, does Mrs. Hughes know if she and her neighbor would be willing to give a pedestrian easeaent that would go with the title to their land granting such access to the City of Englewood? Mrs. Hughes stated that she felt they would be willing to grant access for pedestrian purposes, but not for use by the Parks and Recreation maintenance crews, because these main- tenance crews have other ways to get into the Park and do not use this aeans of access at the present tiae. Mrs. Hughes reiterated that "this letter seeas to state that she is trying to keep people froa using the Park." Mr. Sllitb asked "you would be willing to give such an easement?" Mrs. Hughes stated "yes". Mr. Williaas again stated that be felt this was an unfair question of Mrs. Hughes, and that she needed legal counsel prior to answering. Mr. Williaas stated that be would ask for postponeaent of consideration on this aatter. Be stated that be feels the Coaaission needs to talk to Traffic Engineer Plizga and Parks and Recreation Director Roaans. Williaas .aved: Carson seconded: The aatter of the right-of-way vacation on West Quincy Place be postponed until Noveaber 7th. Mrs. Pierson questioned the need for postponement; she stated that she felt the issue before the co .. ission is: Does the City governaent and citizenry have a use for this access? At both aeetings, the Coaaission bas beard there are people who need and use the access to the Park; this has been beard froa both the applicants and froa the City staff. She stated that she felt there was nothing further that the Co .. ission needs to address, and that the facts are before the Coaaission to make a decision at this tiae. Mr. Willi.aas disagreed with Mrs. Pierson. He stated that Chairman Tanguaa had stated that it was unfortunate that Mr. Roaans was not present to clarify the need for the right-of-way and that be bas questions that be feels Traffic Engineer Plizga should answer. Mr. Tanguma stated he felt there was a need for clarification • Be stated that be did not recall that Mrs. Hughes said they were "proaised" the right-of-way would be vacated. Mrs. Hughes • I • - • • • • -6- stated that llr. Plizga "offered" the right-of-way to them . Mr. Williams stated that he feels llr. Plizga was "leading you astray ; he has no right to offer you anything." llrs. Pierson stated whether or not an employee of the City made such an offer is irrelevant at this point . llr. Smith stated that there is a question of vacation of right- of-way before the co .. ission. He pointed out that we have gotten comments from the Parks and Recreation Department twice; testimony has been received from llr . and llrs. Hughes twice, and it is now up to the co .. ission to decide whether there should be vehicular access retained on West Quincy Place. llr. Williams pointed out that at the last meeting both Council- aen were unable to sit through the entire meeting because of a special City Council meeting. llr. Williams again moved to postpone consideration until November 7th, and that he wanted Parks and Recreation Director Roaans and Traffic Engineer Plizga present to answer questions. llrs. Hughes stated that in all the "arguments" that she has had with the City, llr. Plizga is the only one who has been able to give any help to thea at all in regard to the parking problem. llr. Williams asked "but how can he make you the offer of the land?" llr. Tanguma stated that be felt these questions could be answered even after the co .. ission makes a decision on the case. llrs. Pierson again stated that the issue is: "Does the City have a need for the land? Any or all of it?" llrs . Becker called for the question on the motion. AYES: NAYS: Silo, Carson, Lathrop, Williams Draper, Pierson, Smith, Tanguma, Becker The motion failed . llr. Williams announced that he was leaving the meeting and going home to watch the baseball game; be felt that llrs. Hughes was led astray by llr. Plizga•s offer of the land, that the matter of an easement across her land was being "shoved" down her throat and this was not right; Councilman Smith was not a lawyer, and questioned llrs . Pierson's legal capabilities. Mr. Tanguma called for order, and llrs. Pierson stated that she wanted all of the above remarks reflected in the record. llrs. Hughes stated that she does not feel that something is being shoved down her throat, nor does she feel that she is in need of legal counsel. She stated that no matter what decision is reached, she wished to thank the co .. ission for bearing her out. • I • - • • • • • • • -7- Smith .aved: Becker seconded: The Planning co .. ission reco .. end to City Council the vacation of the right-of-way along West Quincy Place be approved provided Mr. and Mrs. Hughes and Mr. and Mrs. Villnow, property owners at 4240 South Lipan Street and 4260 South Lipan Street, respectively, grant to the City of Englewood an easeaent in perpetuity for pedestrian right- of-way to the access gate located on the west boundary of Jason Park, said pedestrian easeaent to be eight feet in width. Mrs. Pierson stated that as long as there is any chance the City governaent has any need to get in through this vehicular access gate, we should retain the full 16 foot right-of-way as suggested by the staff. Mrs. Pierson also stated that she felt the vacation and granting back of an easeaent by the property owners is too cuabersoae, and suggested retaining the right-of-way rather than having the property owners grant an easeaent. Mr. Bilo stated that he understood fro• the Staff Report Addendua that part of the agreeaent with HUD was that nothing would be done to change the "character of the Park"; he asked if a change of access on the west side would effect a "change in character." Mrs. Roaans stated that the Director of Parks and Recreation had said that when the Park location was approved by HUD, that access was provided to the houses along the west side. Mr. Roaans did indicate, however, that at this point HUD would not take aoney away froa the City if the access were changed. It was his feeling that if the Planning Co .. ission and City Council felt the right-of-way should be vacated, that the Parks and Recreation Departaent aaintenance personnel and citizens using the pedestrian accessway would have to aake adjustaents. Mr. Saith stated that he did not feel the vacation of the right-of-way would change the character of the Park in any way. He stated that he suggested the granting back of an easeaent only to give pedestrians the right to cross the property to the pedestrian gate. Mr . Saith eaphasized that he does not see that the vacation of the right-of-way will cause any real change in the character of the Park. The vacation will alleviate the problems experienced by Mr. and Mrs. Hughes, which is that of people parking along this right-of-way and blocking the access to their garage • Mr. Draper coamented that the City signed a statement that there would be no change in the character of the Park; be asked if HUD would bave to be advised of this change in access, and could it possibly affect future funding froa HUD for tbe City? Mrs. Roaans stated that she questioned that HUD would do anything about it at this point. Mrs. Pierson stated that sbe felt this is another proaise that bas been aade by tbe City that is being reneged on. She stated tbat from Mr. Smith's stateaents, she understands that the yards of properties at 4240 and 4260 South Lipan Street will • I • - • -8- : , • • • be extended to a common boundary; she asked where this easement would be --would the property owners want this easement which would allow people to cross through their "yard" to get to this gate into the Park? She stated that the City has an obligation to see that people can get to this gate. Mr . Lathrop stated that it appeared to him that this right-of- way bas been a nuisance and a detriment to the adjoining property owners. Mr. Lathrop stated that he would agree that the right-of-way needs to be vacated, and that not more than an eight foot pedestrian easement should be retained. He stated that he felt if the 16 foot right-of-way were to be retained as suggested by staff, this would be wide enough to allow the parking of cars, which would then have to back out to the street. The eight foot easement would not be wide enough to get a car in there. Mr. Lathrop stated that he felt the vacation and retention of the eight-foot pedestrian easement would solve the probleas for the adjoining property owners, but he questioned that the City could ask for a "life- time easement" because future property owners would have to live up to this easeaent also. Mrs. Becker asked if the co-ission was discussing an "easeaent" or "right-of-way"; if "right-of-way" was retained, this would belong to the City for use by the pedestrians and would not be considered a part of the property owned by the adjoining owners. Discussion ensued. Saith aoved: Carson seconded: The aotion be amended to change the eight- foot eas.-ent to requirement of a six-foot pedestrian right-of-way that would be a concrete sidewalk path to the pedestrian gate. Mr. Smith stated that with an actual pedestrian walkway to the Park gate, any possibility of vehicles parking along this right-of-way would be eliminated . Mr. Bilo stated that he felt there should be a right-of-way retained. He pointed out that the Planning Division staff reiterated the recommendation that the 16 foot right-of-way be retained. He stated that he does like the idea of the pedestrian walkway being delineated even if the 16 foot right- of-way is retained. He pointed out that if the walkway is put through, Mrs. Hughes will have to go to the expense of putting in a driveway on her own property. He eapbasized that the City wants to have vehicle access to that side of the park and anything less than the 16 foot right-of-way would not accoaplish that purpose. Mrs. Pierson stated that the co .. ission is assuaing that the 16 foot right-of-way would continue to allow parking. If the 16 foot right-of-way were to be retained and if tbe adjoining property owners were allowed to fence right up to tbe 16 foot line, she questioned that people would be parking in this area. She said that the matter still coaes back to the question of • I • • • • • • • -9- whether the City does have a need for the right-of-way and the Parks and Recreation Departaent has stated that there is a need for this right-of-way, which position has been supported by the Engineering Services Department and by the Planning staff. To vacate the total right-of-way but for an eight foot easement or a six foot sidewalk would be to disregard the evidence in front of the Coamission. Mrs. Pierson stated that she feels the problem can be solved for Mrs. Hughes without giving away the land the City bas. Mr. Tanguma stated that the right-of-way the City has requested be retained for access to the Park is, in his opinion, not needed by the City. He eaphasized that there is access to the Park fro• the east and south sides, and while the retention of the right-of-way and vehicle access gate is "desirable", it is not necessary. Mr. Tanguma agreed that a pedestrian right-of- way is needed, and that there are a lot of children in this block who use this means of access to the Park. Mr. Tanguaa stated that he is very faailiar with this area and agreed with Mrs. Hughes that the traffic does go quite fast on South Lipan Street. Mr. Tanguaa stated that he has lived in this general part of town for alllost eight years, and has bad friends in this area for 15 years, and that be "hasn't seen a City truck drive through that gate yet." Kr. Draper suggested retaining the 16 foot right-of-way and settiQg two posts at the South Lipan Street end of this right- of-way with a chain across. This would allow pedestrian access and would allow use of the right-of-way by City vehicles upon r~val of the chain, but would prevent use of the right-of- way by persons who would park their vehicles in this area. Mr. Tanguaa reiterated that "if the City needed it, I would go aloQg with it; Pack)' would like to keep the right-of-way but doesn't say they 'Deed' it; it's a aatter of convenience." Mrs. Hughes pointed out that if the 16 foot right-of-way is retained and chained as suggested by Mr. Draper, this would prevent her froa using this right-of-way as access to her garage. Mr. Bilo stated that be would have to disagree with Mr. Tanguaa's interpretation of the statement from the Parks and Recreation Department; by stating that they would like to have the right- of-way, be feels that they do have a need for it and he would have to support the staff on the retention of a 16 foot right- of-way. Mr. Tanguaa emphasized that the Parks Department "said it would be nice; it would be convenient," but they haven't coae up with any need for it. Discussion on access to the garage at 4240 South Lipan Street ensued. Mr. Carson stated that be visited the site two weeks ago and talked to Mr. Hughes at that tiae; Mr. Hughes stated I • - • • • • -10- be had no objection to the 16 foot right-of-way, and that this would give thea plenty of rooa for ingress and egress to their garage. Mr. Tanguma again stated that he does not see that the City bas to have this right-of-way. Mr. Saith stated that he felt the question is whether or not the Parks and Recreation Depart- aent need the right-of-way, and that he sees no evidence that the aaintenance crews use it and the neighbors don't see that they are using it. He pointed out that the only time grass would be damaged by driving vehicles over it is if it is wet. He reiterated that he does not see that the Parks and Recreation Department is using this aeans of access that much; if it was used once a aonth, the neighboring property owners would know. If a six foot sidewalk is installed in this area, this would give the Hughes and Villnow•s sufficient room to get into their garages and provide for pedestrian access to the Park. Mr. Lathrop stated that be would have to agree with Mr. Williams• view point; if the Parks and Recreation Department felt that this right-of-way is needed, "why aren't they here to ask for it." He stated that Mrs. Hughes has stated that City people have told her there is no need for the right-of-way, and that it can be vacated to her. The vote on the amendment to the aotion was called: AYES: Becker, Bilo, Lathrop, Saith, Tanguma NAYS: Carson, Dr a per, Pierson ABSENT: Williaas The motion carried. The vote on Mr. Saith's motion to vacate the right-of-way, retaining a six foot pedestrian sidewalk through the area to the pedestrian gate, was called: AYES: Becker, Lathrop, Smith, Tanguma NAYS: Bilo, Carson, Draper, Pierson ABSENT: Williams The motion failed. Bilo moved: Pierson seconded: That the Planning Coaaission recommend to the City Council that the right-of-way along West Quincy Place be vacated, retaining a 16 foot right-of-way in the center with a six foot walkway for pedestrians. The pedestrian walkway need not be of concrete construction, but may be of gravel. Mr. Smith stated that if the concrete sidewalk is used for vehicles to drive over, the sidewalk will be destroyed. Mrs. Pierson pointed out that "if the sidewalk is destroyed by vehicular traffic, it will prove the point there is heavy I • - • • • • • • -11- vehicular traffic in the right-of-way and that the right-of-way is needed." If the Parks personnel only use this means of access two or three t~es per year the sidewalk should not be haraed. Mr. Tanguma stated that if a heavy truck drives over a sidewalk once, it would daaage the sidewalk. Mr. Bilo pointed out that the pedestrian access need only be a gravel path and not a concrete sidewalk. Mr. Tanguma stated that he would have to vote against Mr. Silo's motion. He again pointed out that Parks personnel have access to the park the entire length of the park on the east side and on the south end. He stated that he could not understand the reluctance of some members of the Commission to give up the right-of-way ex- cept for that portion that is needed by the pedestrian access. Mr. Bilo stated that he has to support the staff recommendation that a 16 foot right-of-way be retained; at the last meeting, the staff was asked to obtain further clarification of the case, and the departments involved have reiterated their stand that this right-of-way is needed. Mr . Tanguma stated that he did not feel the reason for the need has been clarified . The vote was called: AYES: Bilo, Carson, Draper, Pierson NAYS: Tanguma, Becker, Lathrop, Smith ABSENT: Williams The motion failed. Mrs. Romans pointed out that it is not customary for staff meabers of other departments to appear before the Commission unless asked to do so in advance. The Planning co .. ission asked for clarification of this case; the Planning Division staff did get in touch with the Parks Department personnel, which personnel have stated that there is a need for this 16 foot right-of-way to be retained. It does serve a public park; the staff position is that we now have public access to this public park, and public access should be retained. Mrs. Romans pointed out that at the meeting of October 2nd, the Commission had before them statements from two departments that stated there was a need for this right-of-way. She felt that the City has stated their case ; they have stated that there is a need for the right-of-way. If the Commission wants staff people to come to the meeting, they should so state in advance of the meeting. Mrs. Romans emphasized again that the Parks and Recreation Department and the Engineering Services Department have submitted written statements on the need for the right-of-way, and that she personally contacted these people for further "clarification" on the need as requested by the Commission. Mrs. Romans stated that Jason Park is now a "passive" park, but there is no guarantee that it will remain solely for passive recreational pursuits in the future. Further develop- ment might dictate a greater need for vehicular access from the west, which would not then be available were the entire right- I • - • • • • • • -12- of-way to be vacated with the exception of the pedestrian access- way. Mrs. Romans stressed that if members of the Commission want staff members of other departments present at their meetings, they should ask in advance of the particular meeting so that these individuals may set their schedules accordingly. Pierson moved: Bilo seconded: The Planning eo .. ission reco .. end to City Council that the right-of-way vacation along West Quincy Place be approved, retaining a 16 foot right-of- way for vehicular and pedestrian access to Jason Park. Mr. Smith stated that he did not feel retention of a 16 foot right-of-way would correct the problems experienced in the area. He noted that the Staff Report AddendUm places the emphasis on access for pedestrians, not vehicular access. As to future development of the park, be did not feel that vaca- tion of the right-of-way and denying vehicular access from the west would be a problem. He stated that he did not feel that vehicular access to the park from the west is that important, and pointed out that Director of Parks and Recreation Romans does not seem to know how often the maintenance crews use it if he "questions the infrequency of use." Mr. Smith stated that he was not questioning the professionalism of the staff, and he does not question their recommendation. He does not agree with the reco .. endation and feels that the City has right-of-way that is not used for vehicular traffic. He feels that the purpose of this request was to alleviate the parking problem experienced by Mr. and Mrs. Hughes along the right-of- way creating an ingress/egress problem to their driveway, and to assure pedestrian access to the park. By providing for the pedestrian accessway the one point of the problem is being answered, and by limiting the width of the pedestrian access- way, the parking problem is also eliminated. He stated that be failed to see where the 16 foot right-of-way would accomplish anything. Mrs. Pierson stated that she did not feel the issue at question is the parking problem, even though that is a facet of concern to the Comaission; the issue is the "need for the right-of-way." She pointed out that "everybody says there is no need for the 60 foot right-of-way, and that the 16 foot right-of-way will suffice." She stated that she felt it is a very simple matter before the Commission, and that by vacating all but the 16 foot right-of-way the problems will be solved. Mr. Draper pointed out that the 16 foot right-of-way can be regulated with no parking signs, a chain across the accessway to be removed when parks personnel need access, or some other means • Mrs. Becker stated that she really did not have much faith in "No Parking" signs. She stated that if this 16 foot right-of- way looks like an "alley", it will still look like parking would be permissible; if it were to be landscaped so that it would not appear to be for vehicular access she would have no problem with retaining the 16 foot right-of-way • • I • - • • • • • • -13- Mr. Smith stated that if the 16 foot right-of-way were to be retained, both adjoining land owners could use it as access to their garages, and he does not see any problem with this; otherwise, they would both have to construct driveways to their garages. Mr. Bilo emphasized that personnel from Parks and Recreation, Engineering Services and the Planning Division have all recom- mended that the right-of-way not be vacated unless 16 feet is retained. The vote was called on the motion: AYES: Smith, Becker, Bilo, Carson, Draper, Pierson NAYS: TangUIIB, Lathrop ABSENT: Williams The motion carried. Mr. Tanguma called a recess of the Comaission at 8:40 P.M. The meeting reconvened at 8:55P.M., with the following members present: Pierson, Smith, Tanguma, Becker, Bilo, Carson, Draper, Lathrop. Mr. Williams was absent. IV. 3100 BLOCK SOUTH CLARKSON STREET Excessive Right-of-way Vacation CASE #25-79 Mrs. Ro11ans stated that Miss Fessenden was giving the members of the co .. ission a copy of a letter which was submitted to the office asking that the excessive right-of-way on the west side of South Clarkson Street in the 3100 block south be vacated, and also a map of the block, on which map those persons signing the letter of request have been indicated. Mrs. Romans stated that this request is very similar to a recent request by resi- dents in the 3200 block of South Clarkson Street, wherein the City was asked to vacate excessive right-of-way on the west side of the block. Mrs. Romans stated that there is 80 feet +1-of right-of-way in the 3100 block of South Clarkson Street, which is designated as a Collector Street in the Master Street Plan. Usually, a 60 foot right-of-way is sufficient to carry the traffic on a Collector Street. The staff does reco .. end the vacation of the excessive right-of-way on the west side of the street, inasmuch as South Clarkson Street bas been in an improvement district and there are no plans to widen South Clarkson Street to the full 80 foot right-of-way. There will be no physical change in the character of the street, but it be necessary to retain an easement through the area that is recommended for vacation to facilitate maintenance of utility lines. The adjoining property owners may extend their fences across this land, but no permanent structures may be erected thereon. There was one phone call to the office asking for clarification on the term "vacation", from a Mrs. Golus, property owner at 3195 South Clarkson Street. No objections have been registered with the office, and more than 50% of • I • - ct • • • • -14- the people on the west side of the block have requested the vacation of the excessive right-of-way. There was no one present in the audience to address the Com-mission on this matter. Carson moved: Smith seconded: The Planning Commission recommend to City Council the vacation of the following described right-of-way, retaining an easement for utilities through this land: 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. AYES: Lathrop, Pierson, Smith, Tanguma, Becker, Bilo, Carson, Draper NAYS: None ABSENT: Williams The motion carried. v. TIMBER LEA PLANNED DEVELOPMENT Vacation of 8 Ft. Dedication CASE #24-79 Mrs. Romans stated that the vacation before the Commission is essentially a "clean-up detail". At the time the Timber Lea Planned Development and Subdivision Waiver were approved, there had been discussion of the possibility of the applicants giving a dedication to the City of eight feet for alley purposes. There is a driving lane in existance to the west of the sites, but not an actual dedicated alley. The applicants did agree to give an eight foot strip of land for alley purposes along the western boundary of their site, and their engineer prepared the deed for dedication, which was duly recorded. However, it was discovered that there was an error in the legal description and the dedication was eight feet too far to the east. Mrs. Romans stated that she had discussed the matter with County Clerk and Recorder Marjorie Page, who suggested that the original deed could be corrected and re-recorded; this was done. Upon discussion with Assistant City Attorney DeWitt, he advised that a "correction deed" be prepared and filed; this was done. How- ever, the Title Company has stated that this is not satisfactory and has asked that the eight foot strip be vacated. The staff does recommend the vacation of the eight foot strip at the rear of the Planned Development • • I • - • • • • -15- Smith moved: Lathrop seconded: The Planning Commission reco111111end to City Council that vacation of the following described property be approved: A part of the Southwest one- quarter of the Northwest one-quarter of Section 35, Township 4 South, Range 68 West of the 6th P.M., City of Englewood, County of Arapahoe, State of Colorado, more particularly described as follows: co .. encing at the Southwest corner of said Northwest one-quarter; thence Northerly along the 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 the 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 angle to the right of 90 °06'38" and Northerly 250.00 feet to the point of beginning. AYES: Draper, Lathrop, Pierson, Smith, Tanguma, Becker, Silo, Carson NAYS: None ABSENT: Williams The motion carried. VI. PUBLIC FORUM Mr. Tangu.a suggested that before the traffic patterns around Cinderella City are discussed that Mr. Keller, Executive Director of the Downtown Development Authority, be asked to address the Comaission. Mr. Keller stated that his purpose in being present this evening was to shepherd the proposal before the Commission concerning the parking lot development on South Lincoln, the walk-through, mini-park and mini-mall all proposed for the 3400 block. At the City Council meeting last evening, the Downtown Development Authority requested $135,000 contribution from the City toward financing of the project, and this request was approved by the City Council. Mr. Keller stated that be- cause of the limited tiae available for the acquisition of the Public Service Company property, he urged that everyone "do their hoaework" so that when the public hearings are set before City Council there will not be unnecessary delays. The option to acquire the Public Service property expires December 31, 1979. Mr . Keller stated that the DDA has invited all affected property owners to a meeting on October 25th at 7:30A .M., in- vitations having been sent by registered mail, return receipt requested. Mr . Keller stated that it was not his intent to have a hearing or discussion on the project at the meeting this evening, but to bring the Collllllission up-to-date on the progress of the Dll\. • I • - • • • • • • -16- VII. TRAFFIC PATTERNS. Mr. Tanguma asked Mrs. Roaans to discuss the matter of the traffic pattern . Mrs. Roaans stated that she has discussed the matter of the traffic pattern in the vicinity of Cinderella City with PUblic Works Director Kells Waggoner and other people on the staff . The City has hired a traffic consultant to study the traffic pattern throughout the City, including the subject area, and is estt.ated that this report will be coapleted within three weeks or so. Cinderella City Management has also con- tracted for a traffic study of access to the shopping center with DeLeuw Cather and Coapany, and this study is not available at this tiae. Mrs. Roaans stated that on discussion with other staff aeabers , it was felt tbat until these two studies are coapleted, there is no new information to be added to that wbicb was aade available to tbe Commission last February when the traffic pattern was discussed. It was felt that informa- tion contained within these two studies would bave an iapact on the traffic patterns, and that possibly further discussions on tbe traffic pattern should be delayed until the inforaation from tbe two consultants is available. Mr. Smith asked when tbe Cinderella City traffic study would be available? Mrs. Romans stated that she understood it would be a matter of weeks. She stated that PUblic Works Director Waggoner bad met with the consultants on October 15th, and reported that tbe study is underway and should be available soon. Mr. Saitb inquired if it would be possible to get a completion date by the next meeting of tbe Commission? He stated that if it is determined tbat the study by Cinderella City will takea great deal of time, be felt the discussions should proceed. Mrs. Roaans stated that the staff would report back to the Com- mission as soon as possible. VIII. DIRECTOR'S CHOICE. Mrs. Romans stated that on September 18th she attended a meeting of the School Board, at which aeeting copies of the Comprehensive Plan were made available to the meabers of the Board. Mrs. Romans stated that she had indicated to the Board that the Planning Commission would welcome an opportunity to meet with them to discuss tbe Comprehensive Plan. She bas since talked to School Board meaber Pool, but the School Board has not yet set a date for the suggested aeeting. The Planning Commission and School Board meetings, as a rule, fall on the same evenings, and if a mutual date cannot be worked out on a regular meeting evening, Mrs. Roaans suggested tbat possibly soaething could be scheduled for an alternate Tuesday evening • The Commission was agreeable to this proposal. Mrs. Romans stated that the City Council would like to aeet with the Planning Commission at 6:00 P.M. on November 19th to I • - • • • • • -17- discuss the Coaprebensive Plan. This would preceed the regular City Council meeting scheduled for 7:30 P.M. Mr. Tanguaa asked if newly-elected Council aeabers would be included in this meeting? Mrs. Roaans stated that she would assuae that they would be. Mr. Draper asked if it was the in- tent of the City Council to consider the Coaprebensive Plan at their regular meeting of Noveaber 19th, and to approve it at that aeeting? Mr. Smith stated that be could not say at this tiae; an agenda of that aeeting is not yet available. Mr. Smith stated that be felt the meabers of the current City Council would approve the Comprehensive Plan; be did not feel it would be carried over to after January 1st for the new City Council to consider. Mr. Bilo asked if this would be an open meeting at 6:00 P.M. with City Council? He stated that be wondered if aeabers of the Downtown Developaent Authority would be included in this aeeting. Mrs. Pierson asked if the study session is still scheduled for Noveaber 17th? Mrs. Roaans stated that it is. The Chamber of Co.-erce office is under consideration as the location, but the staff bas not discussed this with the Chamber staff at this tiae. Mrs. Roaans stated that on November 7th, the Downtown Develop- aent Authority will present their plans to the Planning Commission for discussion. Mrs. Roaans stated that the next quarterly zoning hearings have been scheduled for Deceaber 4th. There is one application for rezoning on file at this tiae. Mrs. Roaans stated there has been no further contact from Mr. Regan of RPR Brothers on the developaent of the former Larwin site. Mrs. Roaans stated that the Planning staff bas been working with the staff from Swedish Medical Center. The Medical Center is considering the construction of .a medical office building on the south side of their property to the west of South Clarkson Street. The location of the proposed building is now being considered more in the "middle" of the property rather than right at the corner of Clarkson and Hampden. The Medical Center personnel are also thinking about the construction of a parking structure on the south side of East Hampden Avenue where they now have surface parking. They have been told by the Planning staff that the parking structure will have to provide the nuaber of parking spaces they now have in surface parking, plus the number of parking spaces that would be re- quired for the medical office building. An over-bead crossing from the parking structure to the medical office bUilding has been contemplated; it is felt that this might be a safety feature for those individuals using the parking structure, particularly during the evening and night-tiae hours. The Planning Staff is providing whatever inforaation they can to the personnel of the Medical Center. • I • - • • • • • • -18- Mr. Draper asked how many offices are proposed in the medical building? Mrs. Romans stated that she did not think the plans have progressed that far; at this time they are checking into zoning regulations and determining what utility lines are in existance in the area that is presently devoted to parking which may have to be rerouted. The ratio of parking required was discussed. Mrs. Romans stated that this is based on the square footage of rentable floor area, and one space per each 300 square feet of rentable area is required . An off-street parking space is figured at approximately 300 square feet for the parking and maneuvering space. The staff has discussed the provision of parking spaces for compact vehicles in the parking structure with the Medic• Center staff. Mrs. Romans noted that it is not unco.-on in the newer parking facilities to have areas provided which are strictly for the parking of compact and smaller vehicles. Mrs. Romans stated that she realized this is all very preliainary information, but wanted the Commission to know that the staff is working with the Medical Center personnel on this matter. Mr. Draper asked bow many stories they have discussed for the parking structure? Mrs. Romans stated that this would depend a great deal on the size of the office building. Discussion ensued. Mrs. Pierson stated that she would hope it would be conveyed to the Medical Center personnel that some members of the eo .. ission are very auch concerned about the appearance of the finished plans; she noted that the grounds around the Medical Center are very attractive, and she would hate to see that visual quality destroyed. Mrs. Becker expressed her concern about parking structures; she stated that she bad yet to see an above-ground parking structure that in her opinion "is anything but ugly." She stated that she could not believe that people will not use underground parking. She acknowledged the need for fans and lighting in underground parking structures and the added ex- pense, but reiterated her objection to above-ground parking structures. Height liaitations were further discussed, as were costs of underground parking vs. parking structures above-ground. Mrs. Roaans stated that the City Council did approve the 1980- 1981 State Highway Work Program requests as reco .. ended by the Planning Commission, and these requests have been subaitted to the Arapahoe County Commissioners. Mrs. Romans stated that the City Council has postponed con- sideration of the Acoma/Bannock alley vacation just north of West Jefferson Avenue . Mr. Davis, one of the applicants, is out of town and will not be back until late in Noveaber; the matter bas been delayed until his return • I • - ' • • • • -19- IX, COMMISSION'S CHOICE. Mr. Tanguma stated that at the last meeting, the staff was requested to write a letter to the property ownera of the "Brown House", which has been relocated to the west of the original location, but on the same site on the northwest corner of South University Boulevard and East Dartmouth Avenue. Mr . Tanguaa read a draft of the letter, which was approved by the eo .. ission and signed by Mr . Tanguma. Mr. Tanguma stated that the co .. ission had recently asked that the Police Department check traffic on South Lipan Street be- tween West Oxford Avenue and West Quincy Avenue, He asked if anything had been done about this? Mrs. Romans stated that there was a 30 MPH speed liait sign that was down for north- bound traffic; this has been re-installed. Whether Mr. Wanush bas discussed the aatter with Chief Holaes she does not know, but would assuae that be has done so. Mrs. Romans pointed out that if South Navajo Street could be extended north to West Oxford Avenue, auch of the traffic load from South Lipan and other residential streets in the area would be alleviated, Mr. Bilo discussed the noise pollution that his neighborhood experiences, which noise comes from the Meadow Gold plant be- tween the hours of 11 P.M. and 5 A.M . Mr . Bilo played a tape he had aade of this noise between 4 A.M. and 5 A.M. this .arning, October 16th; he noted that the noise almost "drowned out the noise of the train." He noted that this noise does not occur every night, but does happen several times a week. He stated that be has discussed the noise with Mr. Wanusb, who bas indicated that he would have it checked out , Mr. Bilo stated that he feels the matter of noise pollution is something that should be taken into consideration when developing businesses and industrial uses in close proximity to single-faaily homes, He noted that his house is two blocks away from the Meadow Gold plant. Mr. Tanguaa stated that he understood there was a noise con- trol ordinance , Mr. Smith stated that there is, but there is no one trained to enforce it on a full-time basis, Mr. Lathrop stated that the enforcement of the noise control ordinance is the responsibility of the Police Department; they have the equipment for determining the noise levels. Further discussion of the problem of noise pollution ensued . Mr . Smith asked Mr. Bilo if he could have use of the tape made by Mr. Bilo; Mr. Bilo subaitted the tape recording to Mr . Smith, asking that it be returned. The aeeting adjourned at 9 :55P.M. • I . - • • • -· • -20- IIEIIORANOOII TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOIOIENDATION OF THE CITY PLANNING AND ZONING COIOIISSION. DATE: October 16, 1979 SUBJBCT: West Quincy Place -Right-of-way Vacation RECOJIOIBNDA TION: Pierson ~ved: Bilo seconded: The Planning Co .. ission reco .. end to City Council that the right-of-way vacation along West Quincy Place be approved, retaining a 16 foot right-of-way for vehicular and pedestrian access to Jason Park. AYES: Saith, Becker, Bilo, Carson, Draper, Pierson .NAYS: Tanguaa, Lathrop ABSENT: Williaas The ~tion carried. By Order of the City Planning • Zoning Co .. ission. I • - - • • I .,. • • • -21- IIEIIORANDUII TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOIOIENn.\TION OF 111E CITY PLANNING AND ZONING COIIIIISSION. DATE: October 16, 1979 SUBJECT: 3100 Block South Clarkson Street -Vacation of Excessive Right-of-way on West Side RECOIIIIENn.\ TION: Carson 110ved: Smith seconded: Tbe Planning co .. ission reco .. end to City Council the vacation of the following described right-of-way, retaining an easement for utilities through this land: 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 110re or less. AYES: Lathrop, Pierson, Salith, Tanguma, Becker, Bilo, Carson, Draper NAYS: None ABSENT: 1rilliaas The 110tion carried. By Order of the City Planning • Zoning Co .. ission • • I . - • -22- , ,. • • • IIEIIORANDUII TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOIDIENMTION OF THE CITY PLANNING AND ZONING COIOIISSION. DATE: October 16, 1979 SUBJECT: Vacation of Eight Foot Dedication RECOIDIENM T ION: Sai th 110ved: Lathrop seconded: The Planning Commission recommend to City Council that vacation of the following described property be approved: A part of the 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, more particularly described as follows: Comaencing at the Southwest corner of said Northwest one-quarter; thence Northerly along the 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 the 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 angle to the right of 90°06'38" and Northerly 250.00 feet to the point of beginning. AYES: Draper, Lathrop, Pierson, Smith, Tanguma, Becker, Bilo, Carson NAYS: None ABSENT: Williams The motion carried. By Order of the City Planning ~ Zoning Commission. I . - • • • • MINUTES 6 D . COUNCU. MEETING DENVER REGIONAL COUNCU. OF GOVERNMENTS OCTOBER 17 I 1979 Present: William J. Thornton, Chairman Vesta H. Miller, Vice Chairman Al Bachman William V. Cobern Paul Danish Thomas R. Eggert Fred Fisher · Georqe Garson Jack Green Sam Harper Michael Henry James Lauratis Gary Lewman Maggi Markey Norbert Meier Ernest Shelton Norman A. Smith Also Present: Town of lk>w Mar City of Arvada City of Golden City of Aurora City of lk>ulder Arapahoe County Greenwood Village City of Glendale City & County of Denver City of Littleton Air Quality Control Comm. Town of Erie City of Wheat Ridge lk>ulder County City of Louisville Town of Federal Heights City of Broomfield Diana Royce Smith, RTD: Robert Knickerbocker, Guest: George Lane, The Denver Post: John Speed, City of Aurora: Jake Nielson, City of Littleton: Thomas Q. Benson, Attorney, DRCOG: Michele Mahoney, Mission Viejo Company: Robert D. Farley, Executive Director, DRCOG: Carol M. Langley, Executive Secretary: and various members of the DR COG Staff. Chairman Thornton called the meeting to order at 7:40 p.m. Roll was called and a quorum declared present. • I . • - • • COUNCn. MINUTES OCTOBER 17, 1979 Page two Minutes of September 19, 1979 • • • Council on motion by Mrs • Miller, supported by Mr. Eggert, unanimously approved the minutes of the September 19, 1979, meeting as presented. Mr. Cobern abstained from voting. Summary of the Executive Committee Meeting held October 3, 1979 Council reviewed the summary as presented. Report of the Chairman Mrs. Miller, Vice Cha1nnan, introduced a guest attending the Council meeting, Judith McKenzie, Research Associate of the Institute of Local Government, Queen's University, Kingston, Ontario. Mrs. McKenzie is travelling across the United States doing research for the university on the function and role of local government. Chairman Thornton welcomed Ernest Shelton, new DRCOG Council repre- sentative from Federal Heights. Adoption of the Amendments to the 1979-8 1 Unified Planning Work Program Mrs. Miller noted that the Program Committee on October 3d unanimously recommended Council adoption of the resolution as presented. Jeff May, DR COG Staff, explained that the Dept. of Transportation requires that the MPO annually prepare a Unified Planning Work Program describing all urban transportation and transportation-related planning activities anti- cipated within the region during the next one-year period, regardless of funding sources and documenting work to be performed with planning assis- tance under Section 8 of the UMT Act. There is currently a need to revise the 1979-81 Unified Planning Work Program to refine the task descriptions and to make minor budget revisions, also to add additional work activities. Council was requested to adopt a resolution which would amend the Unified Planning Work Program and affirm its consistency with the State Implementation Plan. A Ust of the amendments was attached to the resolution. Council on motion by Mrs. Miller, supported by Mr. Lewman, unanimously adopted Resolution No. 24, 1979, A Resolution To Amend the 1979-81 Unified Planning Work Program for Trans- portation Planning in the Denver Region. (A signed copy of Resolution No. 24, 19 79, is attached to and made a part of the file copy of these minutes.) • I • - • • • COUNCil. MINUTES OCTOBER 17 I 19 79 Page three Adoption of TIP Preparation Procedures , .. • • • Mrs. MJ.ller reported that the Program Cottittee at its meeting this date unanimously recommended that Council act favorably on the resolution. Mr. May, DR COG Staff, explained that the Federal Highway Administra- tion directed that the TIP-project selection procedures be improved. In response, the "Interim Procedures for 1979-84 TIP Preparation" were pre- pared and approved by the Transportation Committee on September 20, 1978. The procedures strengthened and improved the TIP. From the experience gained through utilizing the Interim Procedures, revisions were made re- sulting in the procedures contained with this agenda. Council on ntotion by Mrs. Mlller, supported by Mr. Fishet; unani- mously adopted Resolution No. 25, 1979, A Resolution To Adopt the "Procedures for TIP Preparation." (A signed copy of Resolution No. 25, 1979, is attached to and made a part of the file copy of these minutes.) Results of the Mall Ballot on the Interim Restated Transportation Plan Chairman Thornton stated that the Interim Restated Highway Plan, which was to be in effect for about a year until a final plan was completed, failed to muster the necessary 22 votes for adoption through the Mail Ballot. Eighteen jurisdictions approved the plan, and 14 opposed it, primarily on the issue of U. s. 36 between Boulder and Broomfield being shown as an "Issue Corridor." He noted that the Interim Plan is just what it says--an interim temporary plan for roadway improvements and which also identifies conflicts which have been termed "issue corridors." An issue corridor is a highway segment where controversy exists and where construction cannot proceed until the conflicts are resolved. These issue corridors were first identified by the county plan- ning commissions and refined by DRCOG committees. The timetable for re- solving the issue corridors is about one year. Over the next several months, the Council staff, in cooperation with CDG and RTD, will jointly attempt to resolve these issues, following meetings with local governments and the general public on these issue segments. The resolution of these issues will include consideration of environmental concerns such as air and noise pol- lutio~r, financial concerns such as cost of construction and maintenance: social concerns such as business and residential relocations: the impact on ·regional growth and development: and the needs of the travelling public. Ul- timately, the DRCOG Council w111 make the final decision. The alternative course of action now would be to resubmit the Plan to the Transportation Committee with a list of revisions and then to bring the Plan back to the Council as soon as possible through another Mail Ballot • I • - • • • COUNCIL MINUTES OCTOBER 17, 1979 Page four • • • Councll on motion by Mrs. Miller, supported by Mr. Cobern, unanimously moved to refer the recommendation for adoption of the Year 2000 Interim Transportation Plan, to the Transportation Committee for reconsideration wlth the additions of: (1) A deflnltlon of issue corridors to read: "Issue Corridors are roadway segments identifled by DRCOG where speclfic issues have been identlfled as to the deslrablllty of new construction. Issue corridors will be resolved as part of Phase III of the Plan Restatement process. Both Preliminary Engineering and Environmental Impact Statement actlvitles may be initiated and completed for issue corridor segments however construction shall not be initiated until the issues are resolved in Phase III." (2) Deslgnatlon of U.S. Highway 36 between Broomfleld and Boulder as an issue corridor. (3) Correct Buckley Road between I-70 and Colfax to reflect a four-Ian e facUlty. (4) Delete Belleview from University Boulevard to I-25 as an Issue Corridor on Table 4 and Figure 5. The motion carried unanimously. Chairman Thornton noted that when the Transportation Committee returns the Interim Plan, the Council can then resubmit it to another Mall Ballot of its member jurisdictions. It was also noted that the Plan Amendment Procedures are avallable to any Council member wishing to amend the Plan once lts adopted • Set Public Hearing for November Council Meeting on the Plan Amendments. Mr. Howell, DRCOG Staff , explained that three proposed amendments will be disc us sed at thls public hearing on November 14th. The amendments are to the Regional Growth and Development and the Region III Parks, Recreation and Open Sp3ce Plans. Three counties --Adams, Boulder, and Jefferson --each submitted requests to add park or open space areas. Adams is seeking add ltion of a trail system designation; Bo<.~lder is asking for designation of the Walker Ranch as open sp3ce and Teffco wants the western end of the Crown Hlll Cemetery Property shown as a p3rk. The Council wlll vote ln December on the amendments • • I • - i' • • • COUNCIL MINUTES OCTOBER 17, 1979 Page flve • • • Council on motion by Mr. Lewman, supported by Mr. Smith, unanimously authorized the Chairman to schedule the Publlc Hearing on the Plan Amendments for No ·~rember 14, 1979 at the DRCOG Offlces in conjunction with the November Council meeting. Meeting Date Changed for Council The meetlng date for the November Council meeting has been moved ahead one week because of the Thanksgiving Hollday. Instead of meetlng on the third Wednes1ay, the Council will meet November 14, the second Wednesday of the month. The meeting wlll follow dlrectly behind the scheduled publlc hearing on the plan amendments. Program Briefings Information briefings were presented to the Coancil on several programs. These included the progress of extending both the Regional Growth and Development Plan and the 208 Clean Water Plan to include Douglas County; the current status of updating the 208 Plan for the remaining flve counties; the flrst annual housing performance assessment which is a measurement of the success in providing low and moderate income housing in the region during the past year; and a brieflnq 0:1 the relatively new Flre Training Management program which is developtnq management training courses for flre department management personnel. The courses are offered at the Red Rocks Campus and include such subjects as Planning for Fire Service; Supervision of Flre Service; Stress Manaqement and Personnel Management. Courses on hazardous materials and arson investigation also have been developed. Mitzi Barker, DR COG Housing Program coordinator, also briefed Council on an appllcatlon, seeking between 180 and 900 bonus Sectlon 8 housing unlts foe the metro area which wlll be hand-carried to Washington next week. These subsidized units are over and above regular allocations to jurisdictions in the region and result from having a HUD-ce:-tlfled Regional Housing Opportunity Plan for the area. The Denver region will be competing wlth several other metro areas for the funds. Congress has not yet approp!"iated funds for the current flscal year so the exact amount avallable Is not known. The appllcatlon, therefore, contains three alternatives--one for 900 units, one for 550 units and one for 180 units. DRCOG is also seeking bonus Community Deil'elopment Block Grants and bonsus 701 local planning grants for lts members as part of the RHOP p -:sckage. The staff has already sollclted requests from interested members for the CDBG funds should they become avallable • I • - - • • • COUNCIL MINUTES OCTOBER 17, 1979 Page six Report of the Executive Director • • • Mr. Farley distributed a memorandum to Council summarizing the decisions made by the Chlef Administrative Officers Advisory Co;nmlttee regarding the respective roles of local governments and DRCOG In bringing cable television to the re9lon. The memo discussed municipalities wlth Mountain States Video Ordinances and jurisdictions with no CATV Ordinance/Permit. Summaries of the Regional Growth and Development Plan and the Transportation Improvement Program we::e avallable for members needing additional copies. Other Matters by Members WUllam Cobern, Councilman from Aurora and DRCOG representative stated that this would be his last meeting as the DRCOG me;nber since he was not seeking re-election In November. In stating his regrets at leaving, he noted for new Council members that serving on the DRCOG Polley Bo.!lrd would be a challenging and rewarding experience in terms of learning about the region and its problems. AdJournment There being no further business. the meeting adjourned at 9:30a.m. ATTEST: Robert D. Farley Executive Director Wllllam J. Thornton, Chairman • I • • - • • • • • • • • TO: FROII: City Manage~/'c~n Richards.,~~: Director of Co .. unity Development DATE: Nove•ber 5, 1979 SUBJECT: Out-of-State Trip Attached is a report of llichael Reddy's out-of-state trip to the Mountain/Plains Regional Housing Conference in Bismark, North Dakota • I • - • • • • I , . • • • MEMORANDUM {' TO: Richard S. Wanush, Director of Community Development FROM: ... · ., ~ Michael G. Reddy, Executive Director, Housing f_''!;;..L DATE: August, 1979 SUBJECT: Report on NAHRO Mountain Plains Regional Conference in August of 1979 I attended the Mountain Plains Regional Conference held in Bismarck, North Dakota in which the topic of discussion for the conference included a number of issues concerning implementation of Section 8 Existing, Section 8 New Construction and Public Housing. There were numerous HUD officials both from the regional office and the central office in Washington, D.C. who attended the conference. Pat Arnaught, who is he a d of the Section 8 Existing Program in Washington, D.C. spelled out the course of action of the Section 8 Existing Program for the next year. This included a discussion on Fair Market Rents, inspection procedures and general administration of the program. Lengthy discussion concerning the topic of professional development within the Mountain Plains Region brought us to a formalization of a pilot program for professional development within the state of Colorado. The concept involves pursuing ongoing peer training for professionals in the Housing field at all levels from administration to maintenance of buildings. Guest speakers at the conference also included officials from North Dakota State Legislature and the Governor's Office. We discussed the implications of the energy boon in this region upon housing needs. Beyond the above subjects, business meetings pertaining to the Mountain Plains Region were held for this year's regional plans. Generally, I found the conference to be useful in heightening my awareness of the particular housing needs of this region and the specific problems associated with implementing housing for small rural communities. The Denver Metro area was well represented at this regional conference although other states were less represented than at previous annual meetings. ca • I • • - . - • • .. • MEMORANDUM , -• • • TO : Mayor, Members of Council, and Council-elect FROM: Andy McCown, City Manager DATE: November 14, 1979 SUBJECT: 1979 ICMA CONFERENCE, OCTOBER 21-24, 1979 The 1979 Annual Conference of the International City Management Association, the 65th for the organization, was recently held in Phoenix, Arizona. Jim Curnes, Hugh Brown and I had the privilege of attending and this is our report to the City Council. The general theme of the conference was "Challenges" with each day's program- ming having a more specific theme, i.e., "Managing with Less," "Tomorrow, Today," and "Personal Growth." With an eye on both the new decade ahead and even beyond into the 21st century, the conference examined upcoming local government challenges. Futurist/ author Alvin Toffler provided the keynote address at the opening general session. He emphasized the need already being felt by many to bring more decision-making down to the local level rather than letting the decisions be made at a distant state or national level. This allows for more diversity in solutions and more appropriate and effective responses to specific local problems. Each day offered far more sessions, workshops and demonstrations than one could possibly visit, so Jim, Hugh and I were able to attend different sessions and compare notes later. The first day, with the theme of "Managing for Less," looked at the effect of inflation and citizen resistance to tax increases on the ability of cities to meet local needs and problems. One of the morning theme sessions examined realistic revenue expectations from the federal and state governments and alternatives available to expand the local revenue base. Another session reviewed private sector techniques that could be utilized in the public sector, particularly in marketing and financial management. The afternoon sessions addressed more specific problems and solutions, such as new approaches to filling potholes, providing for municipal insurance, and meeting audit requirements of local, state and federal grants. Sessions also looked at new considerations in labor relations, the recent moves to contract- ing for services and successful economic development initiatives in small cities. Many of the topics applied directly to current Englewood activities and we came away at times with new ideas and other times feeling pleased that what was new to others was already being considered or is implemented in Englewood. The second day featured the release of a study by the Future Horizons Committee • what developments will transpire between needs to prepare for . I find the report the city management profession expect to for some time to come. The five general report culminating an 18-month ICMA The committee's report projected 1979 and 2000 that local government to be fascinating reading and we in be using it as a "future" textbook strategies it recommends for local • I • • - - • • • • Mayor, Members of Council, Council-elect Page 2 Noveaber 14, 1979 • • • govern.ents are: 1) learn to get by .adestly, 2) regulate the demand for local government services, 3) be skeptical of federal dollars and the dependence they cause, 4) eaphasize decentralization over regionalization of services, and 5) be aware of new services needed as a result of population cbanJes. The day's sessions examined the future in general ter.s of energy, technology and de.ographics and such specific items as cable television systeas, downtown redevelopment and employee motivation and productivity. Considering the challenges of the future, the third day offered practical suggeationa on personal growth for managers, including personal financial manage.ent. The sessions offered guidelines for planning ahead with an appropriate will, sufficient insurance coverage and savings for children's education. In the treatment of issues pertinent to cities and city managers both today and in the future, I thought the conference was excellent and perhaps the best I've attended. On behalf of Jim, Hugh and myself, I want to thank the City Council for being able to attend the conference. rerely, u~iJ4~~-~ Mm~COWN City Manager ph cc: Jim Curnes, Assistant City Manager Hugh Brown, Administrative Assistant I • • - - ... • • • • TO: Flt(Jt: DATE: SUBJECT: • • • Honorable "-Yor Ja.es Taylor and Me.bers of City Council Louis Parkinson, Municipal Nove.ber 8. 1979 6 G MUNICIPAL COURT ACTIVITY REPORT FOR OCTOBER, 1979 Attached 1s the Municipal Court Activity Report for the period of October 1 -31, 1979. The report is being trans•itted to keep you fully infor.ed of Court activity and requires no action by City Council. /b Att . • I . • ~l o ___ _ - • • • ill liWl >0~ Cl , I • • • 11JIJI I _C_Jf_A_L.J:.(l!J~ T ACT IVI TY RCPnRT • 19 !.9 ••·•··•·· --S r, ,.:4)9 .00 J ,LLtJ. !lU 7 .:a z.uo I'.HJ...Ih!J te.d ~o~:.lull ln.c ... ----····--------- tuu t~t (.J~c~----------------------------- lo urt Costs----------------------------- w t l ncs. s I ecs---------------------------- J ury lees------------------------------- Bond Forfci tun~s ------------------------ Unvrr lnopnJil:<lK.Iit :.c..n uol I ct.::.---------- Ap ;>eal Bond fees------------------------ IU ,4JO. 00 2 ,160.00 130.00 50 .00 -0- 2:J!J .OO -0- Arapahoe County (OU1's )··---·······------~ l(l(f,l ~ •1 ,2!.3 .00 6 ,'i34 .00 1 ,105.00 240 .00 so. 00 205 .00 130 . uo 1.50 1.62~0- t!i .'l5n .no ::9 ,341.0 1 .!!> ,l!J /. !H) 69 ,4 93.50 14,638 .00 1,630.00 275.00 1.755.00 1,730 .00 -0- -.lhll~§.l t!j :,4 J.:.Gn ---.---------------------------Arraignments---------------------------- Guilty pleas (i ncl. nolo pleas)--- No t Guilty pleas------------------ Cont'd. or Failed to Appear------- Traffic Violations Bureau--------------- Guilty p 1 eas ---------------------- Not Guilty pl e a s ------------------ Tr ial s scheduled for month-------------- J uries scheduled (held)----------- J uries cance l led------------------ ,Jun r~ co n L i nucd------------------ J uri es dismissed------------------ Trials to the Cou r t (hel d)-------- Pretria 1 Conferences -------------------- Spec i a 1 Hca rings------------------------ Cases closed by disposition------------- Cases closed by Oef. Pros ./Sentence----- :>r iv er Schoo l attendance---------------- lr:arrants and EY~cuti ons i ssued---------- Cases pend ing (not incl. parking)------- NO. OF CASES f I LEO BY CATAGORY: 291 129 97 65 413 326 87 200 22 18 0 1 178 151 II 152 15 !1 1,065 i·10V IOU VIOlations-----------------------695 ~arki n g violations----------------------1,015 Othe r o1·d l nance violations--------------25 Oog ordinance violations----------------30 Complai nt s (c i ti zen, sales tax , bldg .)--__ 1 TOTALS 1, 766 Respect fully s ubl. nitte~ ··~~;-~~<·d::.9 1-.tf-:-cw.~r 0/\PB/\RA J. PEl""· Clerk of i5nic1pal Court 339 12 3 (3) 13 9 0 1 (3) 110 26 64 13 45 882 253 469 18 31 .....i 775 cc : Lo u is 11i!'i-kinson, l~un i cipal Judge Ho norable Mayor J ar:lf!s Taylor and Members of City Council Andy 11cCown, City Manager Be rnard Bera rdini, City Attorney Robert Ho lmes, Chief of Police Jo hn I ,.,,ry~ 1\cting Direc t o r of finance Carol;ne J . Boe tt9er, Court Admi ni s trator 2 ,38) 1.5~0 (2) • 171 (21) 126 20 5 (11) 1,419 (68) 68 6 96 1,036 33 177 373 3,633 8,177 198 292 ---..1! 12,339 Tot a 1 s LaH Year 2:.. 40.00 2:.~su .oo bo .945.00 12 ,74.1.00 1 ,735.00 175.00 612.50 2 ,030.00 4.50 ~.Q 1·14 ,005.00 3,073 1,328 115 (12) 99 0 8 1, 713 (126) 144 876 249 226 368 2 ,912 8,1 75 210 450 ___!! 11,771 I • - • • , I • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE Septeaber 26 AGENDA ITEM 197 ~ 1 A SUBJE'CT Vacation of Aco .. /Bannock alley north of West Jefferson Avenue. INITIATED BY Property Owners. Referred by Planning Co .. ission. ACTION PROPOSED City Council approve the vacation of the Acoaa/Bannock Alley between West Jefferson Avenue and the City Ditch with conditions. NTROOOCTIOM: ~be owners of property adjacent to the alley vacation have initiated this ~equest. ACKGROUMD: ~his request coapletes the vacation of all public right-of-way between fest Jefferaon Avenue and the City Ditch, and South Broadway and South Bannock Street. An earlier vacation of South Aco .. between West Jefferson and the City Di tcb was a ppm ved. roMCLUSIOM: ~cause of certain coaplications created by the existence of a sewer line in the right-of-way, the vacation should be approved only if the ~ttached conditions are aet • • I . . ,. - • • • • -14- I I • • • lr'.BIIORANOOII TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTIO~· OR RBCOIOIENDATION OF THE CITY PLANNING AND ZONING COIOIISSH •N • DATE: September 5, 1979 SUBJECT: Vacation of Aca.a/Bannock Alley just North of West Jefferson Avenue. RBCOIOIENDA TION: Sai th IIOVed: Carson seconded: That the Planning and Zoning eo .. ission reco .. end to City Council that the 16 foot alley in Block 4 of Bnelewood Heights Sub- division, be vacated provided the following conditions are met : 1. The eight {8) inch sanitary sewer line must be rerouted at the expense of the applicants and to the specifications of the Director of Utilities and Director of Eneineering Services. 2. The design for the relocated eight (8) inch sanitary sewer .ust be provided by the applicants at their expense and the design must have an Eneineers' seal. 3. If the sanitary sewer line can be acceptably rerouted, the vacation should not be effective until such time as the sewer line is in place and easeaents given to the City therefore. 4. An easeaent should be given for the existing sewer line which is in the Broadway- Acoma alley extended between tbe City Ditch and West Jefferson Avenue. If it is not feasible to reroute the sanitary sewer line, the alley should not be vacated. AYES: Tanguaa, Becker, Bilo, Carson, Draper, Lathrop, Smith NAYS: Williaas ABSENT: Pierson The motion carried. By Order of the City Planning and Zoning Coamission • I • - c • STAFF REPORT Page -1- STAFF REPORT RE: • • • ALLEY VACATION Case #20-79 Request to vacate a portion of an alley between South Acoaa Street and South Bannock Street, north of West Jefferson Avenue to the City Ditch. DATE TO BE CONSIDERED: Septeaber 5, 1979 NAME OF APPLICANT TO REQUEST: Williaa F. Davis 105 West Jefferson Avenue Englewood, Colorado 80110 NAMES OF PROPERTY OWNERS: Williaa F. and Harriet A. W. Davis 105 West Jefferson Avenue Englewood, Colorado 80110 Neal I. Marcus 189 West Jefferson Avenue Englewood, Colorado 80110 RELATION OF APPLICANT TO REQUEST: Mr. Davis is requesting the vacation of the subject alley on behalf of himself and other owners of property adjacent to the subject alley. LOCATION OF PROPOSAL: A 16 foot wide dedicated alley in block 4 of Englewood Heights subdivision, located between West Jefferson Avenue and the City Ditch. The alley adjoins property owned by Mr. Marcus on the west side and Mr. and Mrs. Davis on the east . ZONE DISTRICT: The east half of the alley is in a B-1, co .. ercial Zone District; the west half is zoned R-3, High Density Residential. • I • • D - • • • STAFF REPORT Page -2- DESCRIPI'ION OF THE REQUEST: • • • ALLEY VACATION Case #2o-79 Mr. Davis stated in his request that the alley is not beiDC uaed for public access, that be and Mr. Marcus are conteaplatiD& the joint development of their proper- ties and tbat as these two properties are the sole users of the alley, the alley should be vacated for their use. PROCEOORE: If the PlanniD& Ca.aission decides the alley shoul<i be vacated, a reco.-eodation to that effect will be sent to the City Council. If the eo .. ission deteraines that the alley is needed for a public purpose, such as for the sewer line, a report would not be sent to the City Council unless the applicant appealed the Ca.aission•s action. In any event, the Council would be aade aware of the action through the •inutes. RECOIOIENDATIONS FROM THE DEPARTIIENT OF COIOIUNITY DEVELOPMENT: The Staff reco .. ends that the alley be vacated only if the following conditions can be met: 1. The eight (8) inch sanitary line which is in the subject alley .ust be rerouted to the specifications of the Director of Utilities and Director of Engineering Services, and at the expense of the applicant. 2. The design for the relocated eight (8) inch sanitary sewer must be provided by the applicants at their expense and the design must have an Engineers seal. 3. If the sanitary sewer line can be acceptably rerouted, the vacation should not be effective until such time as the sewer line is in place and ease.ants given to the City therefore. 4. An easement should be given for the existing sewer lim which is in the Broadway -Acoma alley extended between the City Ditch and West Jefferson Avenue. If it is not feasible to reroute the sanitary sewer line, the alley should not be vacated. • • I • - • I • STAFF REPORT Page -3- • • • ALLEY VACATION Case #20-79 DESCRIPTION OF THE SUBJECT SITE AND ADJACENT AREA: The subject site is a portion of the alley between South Acoma and South Bannock Streets north of West Jefferson Avenue. Access through the alley from West Jefferson Avenue to West Hampden Avenue is blocked by the City Ditch. The topography of the Central part of the alley prevents it being used for access, however, there is limited access from the u.s. 285 ramp to a private parking lot and to Interchange Park. The subject alley is a dividing line between Zone Districts; R-3, Residential on the West and B-1, Business on the East. BACKGROUND OF PREVIOUS CITY ACTION RELATING TO THE PROPERTY: This portion of the alley has not been used for publk access but has been used for access to the adjoining properties. Except for the 8" sewer line, no other utilizy service uses this alley. The pcrtion of South Acoma Street which divided the two parcels of Mr. and Mrs. Davis' property was vacated on approval of the Planning Commission in March of this year. Access to the City Ditch was provided by an easement across the east end of Mr. and Mr. Davis' property, next to South Broadway at the time the City vacated the portion of South Acoma Street lying north of West Jefferson Avenue. An 8" sewer line across the Davis property in the alignment of the alley between Acoma and South Broadway does not show an existing easement. COMMENTS FROM OTHER DEPARTMENTS AND CITY ENGINEER : The City Utilities Director and the City Engineer state that the alley should be vacated only if it is feasible for the applicants to reroute the sanitary sewer line at their expense. The applicants must submit a design for the alter- nate sewer line with an Engineer's seal, and the design must be acceptable to the Utilities and Engineering Departments. They request that the vacation not become final until the alternate sewer line is installed and easements given for the new line. There is an existing sewer line which crosses the Davis property at the location of the Broadway-Acoma alley extended, for which there is no easement of record. It is suggested .that as a further condition to the requested alley • () I • - - • • STAFF REPORT Page -4- ! • • • • COIOIDITS FROII OTHER DEPARTIIENTS, continued: ALLEY VACATION Case #20-79 vacation, that an easeaent be granted for this existing sewer line. If it is deterained that the grade is such that the sani- tary sewer line in the subject alley is such that the sewer line cannot be rerouted, the alley should not be vacated. DBPARTIIENT OF COIIIIUNITY DBVBLOPIIENT ANALYSIS: Although the alley is not useful for the purpose of pub-- lic access between West Haapden Avenue and West Jefferson Avenue, there is a need to retain it in order to maintain the sewer line which runs through it. If the sewer line can be rerouted to the satisfaction of the Engineering and Utilities Departaents and is done so at the applicants• expense, the staff would not oppose the requested vacation. • I . • - • • VICINITY MAP .-.:a.,·-., w HAMPDEN AVE. I ----, -------~ 6.1 029 I~ 5 128 025 02- oa O?t • 020 -Ot~ ·-· -1)16 • tZ5 45 44 43 42 41 <-.• :v; 3? 36 -03" ---.:{5 ' --·- d .t9~8 P.396 ~-~ C../,, ... • -' I ~ u 0 z z <t m (/) .'!•.---eat,-6 _.16 ., 17 18 '-' .. --.007----- •• SKEiiRIT T' /9 ADO 31i0 2() -ooa-Fll; -zl I ·,, ' " " ' ' ' ' ' ' ' ' ' ', 8 •HlP~'I7 \. " ', W. JEFFERSON AVE. I 12!1 ·1 '-~ "·!~5 1 ' ,I ', SCALE : , .. = 100 I ' ' ' ' 133 (1,1 @ 021 - 125 CHEEK ., I._!') w •3 {10) "' "' 01•) (18) "' 49 48 : 471 I ·-. --. I I -ifllf25 P406 1 I ___ "I I I '--- 1 .Om/1 'I I DEPARTMENT ~ COMMUNITY DEVELDPMENT --·· ·--. -....... _ ...... "" ........ """ • !)0' >-~ 0 <t 0 a:: m 0 (/) I • - • f-: Cl) ~ (.) 0 2 2 <{ CD ~AO C :SR( 2() ·-.~CG2t 22 ' ' ' ' ' ' ' ' ' ' ' ' v -~ ' ' ' B .lB B • • • ' 22!> 50 003 ' ' ' ' ' ' ', ' ' P33 4 S 335 POTENTIAL ALTERNATE SEWER E LOCATION ' ' .. ' -----. ------~ ' 83 ' ' 133. (I} 50' ® (); 021 Ill II? (10} (18) I .. 1·-.·--.. ·-... I I I --· -----.. I I 1 a re2s ••o1 I I -I .I I ·f I ~ ,~&' '---,~ i ~ ·5' ' > .... 10 IJ5 ,.z u ',~?1 <{ : : ·.·.~:::~. --: 0 ·, :~~ ,a: -J ..... I CD I . I ~! 28 ' U) o.-------:;-.,.~ ••• ._, .• ,I ~r I ·-.I;" 'm/1 ....... 'I' o · .. * • I • - - • • , I • • • 7 B C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJ8CT ... 19 1979 Recommended Annual Renewal of Liquor Licenses for the Businesses shown below INITIATED BY ____ ~C~i~tv~C~le~r~k ______________________________________ ___ ACT I ON PROPOSED---!.A~N!!!:NU~A~L~R.!!:E:!.!N!:!EW:!:.!A:.L ------------------.- Name BAR HARBOR BELLEVIEW BOWL DART BOARD ENGLEWOOD ELKS LODGE FRATERNAL ORDER OF EAGLES GLASS BOTTLE LIQUORS HAMPDEN WEST HILDA'S CAFE KNIGHTS OF COLUMBUS M D DRUG STORE SOUTH RESTAURANT SUPREME LIQUORS THOROBRED LIQUORS V.F.W .-Englewood Post 322 n Address 3484 S. Broadway 4900 S. Federal Blvd. 3467 S. Broadway 3690 S. Jason 3384 S. Broadway 336 W. Hampden Ave. 3900 S. Lipan 4386 S. Broadway 3800 S. Windermere 2895 S. Broadway 3535 S. Huron Tavern Tavern Tavern Club Club Expires 12-31-79 12-31-79 12-31-79 12-31-79 12-31-79 Retail Liq.Store 12-31-79 Hotel/Restaurant 12-31-79 Tavern Club 12-31-79 12-31-79 Liq.Lic.Drug Store12-31-79 Hotel/Restaurant 12-31-79 5112 S. Broadway Retail Liq.Store 12-31-79 5050 S. Federal Blvd. Retail Liq.Store 12-31-79 3860 S. Jason Club 12-31-79 ZIMMERMAN'S RESTAURANT &LOUNGE 2796 S. Broadway Hotel/Restaurant 12-31-79 All Alcoholic beverage licensees must have their license approved annually for renewal by the local licensing authority • • • I • - • • • • • t • City of Er.glewood TO: Marilyn Irons, Revenue Divi sion FROM: Sgt. L. Leydon, Pol ice Investigations DATE: November 9, 1979 SUBJECT: Liquor Outlet Cal I Reports 3400 S El•to Streel Englewood . Color-.lo 80110 Phone (303) 761 ·1140 The following report represents pol ice department activities pertaining to the below I isted I iquor outlets for the period from October 31, 1978 thru October 31, 1979. BAR HARBOR 3484 S. Broadway Requests for pol Ice assistance Pol ice initiated reports Violations of I iquor I lcense Bellview Bowl 4900 S. Federal Blvd. Requests for police assistance Pol ice initiated reports Violations of liquor I icense Dart Board 3467 S. Broadway Requests for police assistance Pol ice initiated reports Violations of I lquor I lcense • 6 0 0 3 0 0 7 0 0 I • - - • • • City of Englewood I I • • • Frate rnal Order of Eagles 3383 S . Broadway Requests f o r pol ice assistance Pol ice initiated reports Violations of I iquor I ice ns e Gla ss Bottle Liquors 336 We s t Hampd en Ave. Reque s ts for pol ice assistance Poi ice initiated reports Violations of I iquor I icense Hampden West 3517 S. Elati St. Requ es t s for po l i ce assistance Pol ice initiated report s Violations of I iqu o r I icense Hi Ida's Ca f e 4386 S. Broadway Requests for po l ice ass i stance Pol ice initiated reports Violations of I iquor i icense Knights of Co lumbu s 3800 So . Windemere Requests fo r pol i ce assistance Po l ice initiated reports Violations of I i q uor I ice nse 3400 S. Elati Street Englewood. Colorado 80tt0 Phone (303) 761-1140 2 0 0 11 0 0 14 0 0 10 0 0 0 0 0 I • • - • • City of Englewood I I • • • ------------------------------ • M-D Drugs 2895 S. Broadway Requests for pol ice assistance Pol ice initiated reports Violations of I iquor I icense Old Town Liquors 325 E. Jefferson Requests for po l ice assistance Pol ice initiated reports Violations of I iquor I icense South Restaurant 3535 S. Huron Requests for pol ice assistance Pollee initiated reports Violations of I iquor I icense Supreme Liquors 5112 S. Broadway Requests for po l Ice assistance Pol ice initiated reports Violations of I iquor I icense Thorobred Liquors 5050 S. Federal Blvd. Requests for pol ice assistance Pol ice initiated reports Violations of I iquor I icense 3400 S. Elati Street Englewood , Colorado 80110 Phone (303) 761 -1140 7 0 0 2 0 0 6 0 0 2 0 0 ·0 1 0 • I • • - • • • • • • City of Englewood V.F.W. 3860 S. Jason Street Requests for pol ice assistance Pol ice initiated reports Violations of I iquor I icense Z i rrrnerman 1 s 2796 S. Broadway Requests for pol i ce assistance Pol ice initiated report s Violations of I iquor I icense Englewood Elks Lodge 3690 S. Jason Street Requests for pol ice ass1stance Pol ice initiated reports Violations of I iquor I icense Robert Holmes Chief of Pol i ce Englewood Po l ice Dep artment v /. h11'):,,. ~-"~-./ Serg~ant L. LeYdon Investigati ons Division 3400 S. Elati Street Englewood, Colorado 80110 Phone (303) 761-1140 3 0 0 8 0 0 12 0 0 I • • - • • • • • lf~CLFI~OO D PO L I Cl l..fPAHH {NT I NC I C{NT I~E PORT DATE /~ I ~f I 7f' RPIBuS Ill\"£ .-rk~l/t:fAil/ ~<2.'"1t't!r OOH __ 1 __ 1 __ AODRE!;S ~ CS. ~.c., ----·--PliOIK II ??i/ -.::...~=..iff''-+--- NATURE: ~,.~~4(' p{dt.,~ -/~/~ .rh. ~TAILS : Af&iF ~Af .fkf~ ~ /.tJ &-4-~~~ ~~~~ ~ / ~,W A ~/d' /'.HS ki'C~ KJ;6/ ~ ~r;,~ p,# ~~ Av' ~/ u/ ~~~ ~~Kae.:>. ,,; ..t"-'~ ~"',; L"$"".&-df A ~./ ~#'~ .I'., /;; ~ 4.1# ~ 4'/~dt#O#"i/?d /!ltd #/kee~ ~ c~ /.tf ;V~~&-4, ~ A'P~ """'7 , ~ 5ttW /7..y t!'.,.-.1// I A-t'~~ (fJ/ ~ ;~~ -~r t?~;-ti ;r.J /lea';;;.,/. / .5~~~~VE.V//r' $~ ,.,_ ~ /~~4; 'K/~ AI.;., ~ d/1'-/. ' ,.;; n~ ~AI ~ ~.If 118 ,.,. ,IP'v / ~~ ~ #/~W" ;k ~,f,~ ~ 1/k ~~ J'~~ ~ ~ Li?N¢ ~ -'7/1{ /ht'~~ ~,-~~ "~~r --~ ~ , p¥~ ~ ~ ~ s-k.y-_,r /;;~ ~ iV'"/= ~ SsaJtt ..,~> //~. AY 5~ / ~ ~ /1 ~~ ,w~ ~1" ,d. .., • • I . • - • • DR) .. 4Q2 (REV . IOnS) I I • • • STATE OF COLORADO DEPARTMENT OF REVENUE 00 .... O T WRITE IN THIS S PACE ~ ~ RENEWAl APPLICATION FOR MALT, VINOUS AND SPIRITUOUS LIQUOR LIC£NSES (GET APPROVAl Of LOCAl LICENSING AUTHORITY FIRST) LIQUOR ENFORCEMENT OFFICER 'S ACTION ...... 0 ... 1 o• ~oc ·~ ,oc:f .. :l<NC '"""•o•••• '' 1"'•'"•-'"S' o ....... co~o .. H o .'.AlIMA 1'1 AUrdC c: r SAllMA:-; :.;,IIRllY H CM. 11~1-'t,,,J ,. 341J-. ~ ...... :.y EN bL E I,_::c '; C,L; IMPORTANT SEE INSTRUCTIONS ON THE REVERSE SIDE . ·u 11 0 APPROVED DISAPPROVED MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE . RENEWAL APPLICATION FOR LIQUOR LICENSE FOR THE LICENSING PERIOD ENDING --. TOTAl FEE($) ~--uS<•ccou.r•-••><><t F LIAOoLITvo••o•"•T•o• ~-f '"-:-:J t-ll ~:;:;~" l J ) ,-:·~. J 5 :·, ··:' ~~~~·;~ J 1231 :o ---•• ~.~ ~ SSNo.l ·-·-'----SSNo.2 _•FEIN ___ 84-Q(ll~~!)9 I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION l.IICEPT CHANGE OF MANAGER, TRADE NAME OR CORPORATE STRLICTURE. NEW TRADE NAME SIGNATURE ~-~U. ~_./~;..,_~ili ... Acld,.. ~ IIF THERE IS A CHANGE IN OWNERSHIP DO NOT USE THIS FORM . USE AN ORIGINAL APPLICATION .I MANAGER'S NAME IF APPLICANT IS A CORPORATION , FILL IN REVERSE SIDE . NAME AND DESCRIPTION OF LICENSE TAVt:R~: LH ,:t." l!Ct:.,:,F -re,u, Vl i \~J :.., CITY a::> r i .>~ .:"'T OAr-fc c: Ah -l SPIRj TUOJ!L Do you ~~e .. ltgol -on of tho pr~-~l!•ch thooopphcotoon lor hconoo 11 mado1 ~ _ ~ _ r-r.--;--;- Aro tho prom-owned or rentod1 \~ II rented, efloctovo a eocpirotoon dot~ oil-__ a 1 ~~) 9 !l_ lo II>PhCifntlol or ell olloc:wr(ol of tho corporotoon, citozenhl or permonont rnidtntlol of tho Unoted Stotn of A._,.., ond Color-1 ~ lo tho opplicont, or onv of the ponnen, or ony of the oflicen, stockhoklon or dirwcton oluid fPPIIcant Ill it is o CGrpOrotioftl. or employ-olony ouch , under the ego olt ... ntv-one voors1 y 01 No -~ Hoo tho opplicont, or onv ol tho Ptrtnoro, or ony of tho officers, stockholders or directors of llid opplicont Ill it is 1 COfiiO<otion)._ boon con- victed of 1 crime in the State of Colorado or elsewhere? If so, stete full details -----·--Yos . __ No ).,. Hostho opplicont, or onv of tho portnoro, or ony officer, director or stockholder ol uid opplicont Ill it io o corporotionl o-: Ca) been denied • license under th is liquor law? fb) had In alcoholic bewrege lictniAt suspended or revoked? If the enswwer is yea, explain fully (ett.ch separate sheet. if needed). Yeo _No~ No 'X_ __ v .. Do vou or onv mombors of vour !emily hove olinonciol intor81t in onv othor liquor liconoo7 (ouch linonciol int-tto include onv equity interest or loons!. litho ontwer io yes, '"Pioin fully lottoch -otelhoot, if noododl. Yos No Doll onv -.on, form or corporotion hove 1 linonciol inttrell, evidenced oithor by l'*'s or oquity owno,..,ip in the businoss lor which this liconoo io roquosted1 II the ontwor io VII, stOle n.._ ond oddre-ond -nt of such linoncioJ intorost o•,.aod oithor in dolloro or othor itomo of voluo , such 01 inventory,lurniture,li•tureo ond oquipmont. Yos No Lilt the n.mea end eddreiMt of aU businesses in wh•ch eny of the penont in the previous question ... interested. • Nome Buoine11 ---'"Addriu--· •11 F-rol Employero ldenlolicotion Number IFEINI io pre·printed in the obovo ·-·· PlooiO chock vour •ocords to-ol you hovo tho- number. If vou hove 1 different number, correct tho one obove 10 thot ot corrnponds woth vour records. If non-_, on tho lbovo •-o. P._M f1ll '" w•th the FEIN you have on your records . ' • I • - - I I • • • IF THE APPLICANT IS A CORPORATION,..,...,., lol, (bl, (cl, (dl, (ol-lfl. Ia) Organized under the law ol the State oL __ ------------___ .,Date . ____ ----------_____ _ I b) Principal business is conducted at_ ___________________ ., County of ___________ •. State oL _________ _ (c) Date of fil1ng last annual corporate report to the Secretary of State ______________ _ Name Home Address City Date of Birth Month, Day, Year (d) Pr ~ident ·------------ Vtce Pres . ------------- Treasurer ------------- Secretary . ____________ _ .......... -------------- DIRECTORS . ltst all O irecto n (at 1•11 3 are required by law) l ei NAME HOME STREET NO. & CITY DATE OF BIRTH I ll List a ll uock holdeu owning or controll ing any of the capital stock of the corporation. llnclude actual own• or pl«t ... .) U• .eparate she.t if needed . NAME HOME STREET NO . & CITY S~~~~E~NO:O OFO~~~H promulgated by the Stile 0IC)IIrt~nt ot Revenue tn connection thiJ.-ith . Subscr ibed and sworn 10 before me Officer of Corpor•tion Sifn .._t: (CORPORAT E S£ALI My Curr -n oh !O"' e"'P"«'----------------------------8>•--------------------~------------------------(Pr"iGent or Secretary) RfiPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (M anufi,-turl!rs, Wholesalers, lmJX)rters and Public Transport1tion Systems disreg~rd this section} T,,,. -for e""'li 9 "'~'-'li c at•on has bHn examined and the premises, businfts c onduc ted end charac ter of the applicant is sat ts f Dct o r v . a -:d w e d o ropo n t hat suc h license, it granted , will rnMt the reatonable requirem•ntl of th• neighborhood and the d es~res of the inhabitants, and c omplies with the provision of Art icle 47 , T itle 12, C .A .S . Hl73 . a:o amended. THE R E F O RE TH IS APPLI C ATIO N 15 HEREBY APPROVEO. OATEO A T ________ THIS-------OAV OF---------· A .D. 19--------- • (NAM E OF TOWN , C IT Y O R COUNTY)-------------------------------------- • (MAYOR O R C HAIRMAN OF BOARD OF COUNTY COMMISSIONERS OR OTHER TITLE OF LICENSING AUTHORITY,) ATTEST: (CLERK OR SECRETARY OR OTHER OFFICER HAVING THE OFFICIAL SEAL OF THE LICENSING AUTHOR lTV.) (If tna prami \ .. o~ra t o ~tad w i th i n a town or city, the above approval should be signed bV the ~vor and cterk, It In a countv, than bV the chairman of the bo.rd of co untv comm iuro nen o~nd trw clark to tha board. If, bV orc:tino~nce or oth•rwiM, th• local llcen.,nt authority Is some oth., official, thtln such apptoval should W 9'"-' DV such o flt clal.) NOTICE TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME, IT IS IMPORTANT TI+AT 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 I J(';FNSIN{'; AIITI-4nRITV AT I ~6C:T ~nRTV -~1\/~ tAl:\\ nAVC DQinA Tn TUI: I:VOtDATtnM t'\1: TUC • 1ror•tC"'C • • I • - • • ( DAL ~2 (REV . 101781 I I • • • STATE OF COLORADO DEPARTMENT OF REVENUE RENEWAL APPLICATION FOR MALT, VINOUS AND SPIRITUOUs UOUOR LICENSES CGET APPRovAL Of LOCAL L.ICOfSING AUTHORITY FIRST) ' 00 NOT WRIT( IN hilS SPACE ..... ov .. , LIQUOR ENFORCEMENT OFFICER 'S ACTION Of ~OC A I •<I ,.Siotro(; .,.,,M011to1• '' •tou••ro l f,.D S•A ft C AP ifOI ........ ,. ,,, ... , ........... , D l "'~t• COlO IOH I GELl.::IILw ·u ... L .J I'I .H L OU·; ,t: I NC p ,, ll )( <!.75 7 PAl d<...o t..i , l J APPROVED DISAPPROVED IMPORTANT SEE INSTRUCTIONS ON THE REVERSE SIDE . MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE. RENEWAL APPLICATION FDA LIQUOR LICENSE FDA THE LICENSING PERIOD ENDING r --AL L RfFfRENcc c•r. 1 ...::.o..s! _]•-.j '""''l' .. o•n ~ l1-52Ud4 v U6 7•J j 3 J S ~~7l TOTAL FEElS) ----=----=-J ,-US( ACCOUNf N!JMe(flt F()ft ~ l..I AIIlfTY INFORMATION :] -~~o t.zs/ SS No . I ___ ---.. -~-SS No .2. _'FEIN _ ~l.-J...~l~4S H:ERTIFV THAT THERE ARE NO CHANGES TO MV ORIGINAL APPLICATION ' •tJCCEPT CHAZZG/ MANAGER, .T DE NAME OR CORPORATE STRLICTURE. NEW TRADE NAM _ / 4 JOO S fEU Sl VO SIGNATURE (<._... ~ Maili,.Addr-Gi'4G LEWO()L) Cl; I~ ;qe~~ d£1i11!RlJiPf'>b USE THIS FORM . USE AN ORIGINAL APPLICATION .-! --- MANAGER'S NAME ARNE NEL IF APPLICANT IS A CORPORATION, FILL IN REVERSE SIDE . NAME AND DESCRIPTION OF LICENSE TAVc){N L i":$1.!'," llL..:I ,_.:.: -1~>'\L 1, \l!t ~-.u--.~NU ---~ S~IRI [QOUS U f--_• ~ $ 21.:0.25 --·--------- Do you hoveJtvoiPDIMUion of the Pt"omiMs for which this epplicotion for licomo is mQ? _,Y=a,._ _____ _ Are the Pt"omi~e~ owned or rented? rent.ed ___ II remed. effective a tJ<pirotion date of 1-.eU_. -9/1171 -exp -~:~ SLJ.l/83 Is epplicantlsl or oil ollicar(sl of tho corporotion, citizon(sl or P<rmonent rnidont(sl of the United Stotn of America end Colorado? __ NO _ Is the epplicant, or 1ny of the porinors, or ony of tho officers, stockholders or diroctors of uid IPPiicant Ill it is 1 corporotionl . or employ"' of ony such, under the ego of twenty-one veers? Vn No x__ __ Hos the epplicant, or 1ny of the P<rlners. or 1ny of the officers. stockholders or directors of uid opplicont (II it is e c<>rporotionl-boon con-victld of 1 crime in the Stitt of Colored() or elsewhere? If so, Stitt full dettils ------Yos ___ No _ .. x __ --------------Hos tho opplicont, or 1ny of tho Plrtners. or 10y olfocor, d irector or stockholder of soid opplicant Ill it is o corporotionl •-= ft) been denied a license under th is liquor law? ----- (b) had en elcoholic beverage license suspended or revoked? If the •nswer is ves, expltin fully (tttKh MJ)8rate sheet, if nMdedL Do you or 11ny me_, of vour IOmily hove 1 linenciel interest in ony other liquor licen•? (such linllneiol int""n to include ony equity interest or loons). II tho 11nswer is yes, oxplein fully lottoch -111 -t. if needed). Ves X Don lilly -.on. firm or corporotion hove e fin~~nciel interest, lllidencod eithe< by loons or equity ownership in tho buainou Yes _No -...1..___ Yes No x __ No for which this license is roqumed? II the onswor is vn. stile n...., lnd oddre-end omount of such lin~~neiol int""at expro-either in dollers or other items of velue, such os in..,ntory, furniture, fixtures end equipment. Ves No List the nomos end ldd,...s of ell busineues in which ony of the Pinons in the P<OVioua qumion-int~<ml<l . X Nome Business --·-----'--A"-..,- ·11 F-ret Employers ldentolocetoon Number IFEINI os pre-printed in the obove speco, PIMse check vour records to Ill of you he,.. tho some number. II you hove • dolleront number. correct the one lbove so thot it carr-woth vour records. II no number_,. on the obo .. s-o. piNte f1ll •n wuh the FEIN you h•w on YOiJr records . • • I • - • • , I • • • IF THE APPLICANT IS A CORPORATION, -lol,lbl.lcl. ldl.l•l-Ill. Ia) Organized under tt>e low of the State of_ -Co~._. _____ .. Dote . ..Jul7 -ll.r ..191L------. (bl Pr inc ipal business is conducted at. l .. lMNIII·-_____ -----County oL ~~----·State oL -Colo~r.W-. lei Date of fil tng last annual corpoute report to the Secretory of Stote -~!-~PJt __ lL----. Name Home Addreu City Date of Birth Month, Day, Year I<JI p,.,,.."' Geoz:p V. Pueme Jr 49 ,.,..... Crt If d....,...,,, • 1 11/21/42 v.ce Pres. -::---:---::--=----==::--- T<oow<e<. Jgbn .I ~· IIJ s.c. ... ,. lnbn J, a,me XU M.NgeJ · Aroe leJen G.A IGJ!IJ Crr 11..-, • J •----------6'10..,/,_,2618~!,_.4..,3~- tA a..,.t c.-c ...... , •· J , ______ _,1~o.,1-.~::a,,,..~ ... J__. 1741 lleet lteteoe rleoe, ••• e.-, Cole..••• OJ/::11/11 DIRECTORS : LISt all Owector• fit l•st 3 .,. requwld by Lew I l ei NAME HOME STREET NO .6 CITY DATE OF BIRTH GeoCJe v ..... aa. Jr 41 ..,. •• c.-c ., •••• 1111., •• Jr.-1~1~!~::1~1~!~4~::1~------- Jobg J .,..... Itt lA ...,tl c.-c. llayM, •• J. --&luO,..l2wl'*/ ... 4 ... 3------ 111 Vincent A liaM 216 1411 .An , lubroup Bctt 1 • J 10/21/40 List •II itoc kholden owning or controlling any ot the c•italstock of the corporation. (Include actual own• or pled ... .) UM MPatete sheet if n-.ded. NAME HOME STAEET NO. & CITY S~~~~E~NO:O OFO:.:~H G. V. P•nADA, Jz:. 49 ...,... Cz:t lj4....,...., I 1 33 11/21!42 .....1.. J IJ!'n• III !A IDJal Crt lltpe, • l : 10/29/43 V. 4. lbgp 216 .. 11 Aye 1 ltth'"OII•CJr lfatt 1 • J 34 10/21/40 I The following aflldl"it to be Iii'* aNI ad......_ by indiwidulls and ...:h member of s-rtrwthip& and by Corporation.) STATE OF COLORADO RIW JIUIY l. ------------- countv uf •••••'c I and C.orp v. Paraaaa I .Jr. I ...... by me tint duly MOrn, if fOf himletf . ct.po~e~ and •vs: ······-···ID-~ • that ht 15 Pqaldnt of thelllbo~t~e ,.,_. COfiiOf'"ltion : thlt he hn r.-1 ttla lorllfiOil"'if.oitCitiol"'•nd 1h1t he kncioi'WS the contana thlftof , and that ~J '!:u .. , and things therein let forth •• true of h• own know~ and he agrHI to confc..rm to elttult'l•nd regu .. t'lHtl promulgated by the State o_.-tment of Revenue '" conrwction thlf•ith . Subscribed ~nd sworn to before me tiHl _~/t'-''1'--M.------'dltV of October 1979 :&h.:6,c 4.1 9Ji7c:~ ~o g n•ture o l hlot•rv Public) No .. :.,_r ·t ;·i !:·:.; ~ c; ~ .. :.~ · r ·. ·[ \. lndividuels and 111 "*"'**'' of ,.,,,..Jhtp must aign here. -------------------------·----- ~tt•c n ~'' wUM:wt~/~:th.ii i W li:_"' IJ L ... ~. l 3c.oL My Cumrn outon e ~~:p ir es _________________ _ The forego ing application ha• b "n examined and the premises, busin"' conducted and character of the applicant is ut tsfec torv, and wa do raport thet suc h llcenH, If granted, will mHt tha reasonable requ irements of the neighborhood and the das•re~ of the inhabttants, and c ompl ies with the provision of Article •1 , Title 12, C .A .S . 1973, as amendtld . TH E REFORE T HIS APPL I C ATIO N IS HEREBY ApPROVED . D ATE D Al ________ THIS--------DAY OF---------, A .D . 19---------- (NAMEOFTOWN,CIT Y O R COUNTY) __________________________________________________________________________ ___ (MAYOR OR CHAIRMAN OF BOARD OF COUNTY COMMISSIONERS OR OTHER TITLE OF LICENSING AUTHORITY.) ATTEST : (CLERK OR SECRETARY OR OTH£R OFFICER HAVING THE OFFICIAL SEAL OF THE LICENSING AUTHORITY.) Ill tne Pt"emiMl •re touted w ithin a town or city, the abOve •PPt"ov•t lhoutd be li.,.cl by the mayor and c...-k, If tn a county, then by the chair"'*' of the e.o.rd ot county commtutoners and the clerk to the board. If, by ordinance or oth ... wlse, ltte local Ucanlint authority 11 10~ otn• official, then sud'lappr-oulshould be given by 1uct'l ottict•l.) • NOTICE TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME. IT IS IMPORTANT TH-AT 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 AUTHORITY AT LEAST FORTY-FIVE (45} DAYS PRIOR TO THE EXPIRATION OF THE LICENSE . I • - - • • DRL .a2 (REV . 10178) • • • STATE OF COLORADO DEPARTMENT OF REVENUE RENEWAL APPLICATION FOR MALT, VINOUS 00 NOT WR I T E I N THIS SP A CE ~ ~ AND SPIRITUOUS LIQUOR UCEN1U LIQUOR ENFORCEMENT OFFICER 'S ACTION "'"'""'0Y Al 0 0 lOC A l <,.ICf ... S t"'G '""'"0'"' ~ " ••uu••to sr .. o o••••, .. ,,., o • ., ... ,,.~,~, s•••c c•••'O• , .. , ........ ,, OI "'Vf"' COLO (GET APPROVAL OF LOCAL LICENsiNG AUTHORITY FIRST) J uHU ,,:, v ,.._ OA P. T :111 /..f.: C TH E 13 )( o')b EN &L l,,w , oJ l.J ll-0 2v 77 JLi ll 0 APPROVED DISAPPROVED OAT( -----~J f:>C I'III SSIG"'AYU'J!il - IMPORTANT SEE INSTRUCTIONS ON THE REVERSE SIDE . MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE. RENEWAL APPLICATION FOR LIQUOR LICENSE FOR THE LICENSING PERIOD ENDING r -.IJSE ACCOUNT NIM81R IJ'Ofll ~ l1AIIl.IT V II\IF ORMATION l --. TOTAL FEE(SI t -A Ll fUHRENC[ i (.tH I '"'014' l·-1 .._ ...... .._ .• ~ ~ ll-~2877 ~J 6 )u l J } 1 1 ~1 6~ L 12318~r=-$ 30-l.;~, SSNo. 1 NEW TRAOE NAME SIGNATURE SS No.2 _'FEIN ___ _ _ I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION EXCEPT CHANGE OF MANAGER, TRAOE NAME OR CORPORATE STRLICTURE. Maili ... -- 3467 S SROACwAY ENGL !:WOGO CC IIF THERE IS A CHANGE IN OWNERSHIP DO NOT USE THIS FORM . USE AN ORIGINAL APPLICATION.) MANAGER 'S NAME IF APPLICANT IS A CORPORATION, FILL IN REVERSE SIDE . TYPE T NAME AND DESCRIPTION OF LICENSE llC E 45 C: -.' L 1, 1/j ,.,,lJ , F ~~ SPI R l[UOUS ~ ~ -------~-s 27il • .zs I or employ"' of any such , undl.r the -a-of tWV~~nty-one years ? Yoo victed of a cnme in the State of CoiCM'ado o r e lsewhere? Yoo If so, state full details ----- Has theepplic.nt. or any of the pertnen. or any officer, d irector or stockhofdlr of said ~iQnt (If it is a corporation) ewr : (a) been denied 1 licen .. under th11 liquor law ? YH __ @ __ _ ~ (b) had an alcoholte beverage license suspended or revoked ? If the aniW'Ir '' yn, explain fully (attach separate Wet, 1f needed). Yes Do you or *"Y memben of your fimily h.,e a finenc1al interest in any other liquor lice,.? huch finenciel intlfftt to include any equity interett or loans). If the _,.IW.,. is yes, expltin fully (attach ·~ltl sheet, if needed). Ytt Don any person, firm or corpor•ion heve 1 finencial interest, evidenced t ither by ,.,.,, or equity ownership in the businns (!9 . for which this licen• is raquen.d? If the enwwer is yes, state n.rnes end .xtr. ... end .nount of such finenciet intlf'ftt ~ e~~eprelled either in dollars or other items of value, such as inventory, furniture, fixturalnd equipment. Yes __ ~ List th~~~JeXft~' in wh ich ony oltho pail/ill Jr'~qU01110n.,. inter:;•~ 7 ~ ~~{4f ~~·~ome ./) Busoness ~ ... '7 •u Federal Employers Identification Number (FEIN I is pre-printed'" the abow spec::e . p..._ check your records to Me 1f you have the ume number. If you have a dtfferent number . correct the one above so that tt cOrresponds w11h your records. If no number appears'" the abovt spece, please f•l l tn w•th the FEIN you have on vour rKOt'ds . • I • - • • • (el Ill I I • • • IF THE APPLICANT IS A CORPORATION, -•.j•l lbl, tel, ldl, l•l ond (fl . . (a) Organized under the low of the State o!-___ ('.-~7 _-,--r.----.. Dote ._---/l.-4-~.---------71. / · (b) Pro nco pal busoness" conducted at ._ J¥6.-.Z }_ ~ ~~ .. County oL _~-•• State of • .L..~------ (c) Date of ftl1ng last annual corporate report to the Secretary of State[ ________ ----__ Name Home Address Ctty Date of B ~tt h Month, DaY! Year ~~ {_-'12, O'tRECTORS Lilt all D~r.c:tou let l•tt 3 are requ1red by Uw) NAME HOME STREET NO. & CITY DATE OF BIRTH Ltst atl uocltholden owntng or controlling any of the capital stock of the corporation . I Include actual owner or pledgM.) u .. separate sheet if nMded. NAME HOME STAEET NO . & CITY PERCENT OF DATE r: ~ / STOCK OWNED OF BI?JH '"'SeeN~ ~tu, t!>r'z t.~l"y 14'1 n. .£7-~z. (The tollow•ng affdavtt to be .. ned and acknow..,._. by individulfs and .ech meMw of J*'tnenh~ and by CotpGJation.l STATE OF COLOAAOO Counoyof ~~ l··~ L ~?.d,-1=- •ndl ______ ==y-__ !.,... ___ -:-------, being by me first duly ~t , ct.posesand uys; thllt he;. the eppl10nt M»ove rwmMf ; 0 , t"-t he 11 ~ of the ebo..,. namMf corporetion; that he hils rillld the fDI'egoing ac»Piicat'on end tNt he knows t he contents th•.af, and tNt ~~T'~ttefl end thrngs therein set fofth ere true of his own knowledge end he agrHJ to conform to ell r-..111 end regu .. ttOnl . p romulgated by tho! ~·t:~~te LJ IIC)Irtment of Revenue '" connection therewith . lndivktuals end ell memben of pert,.....Jhip mun sign h•e: (CO RPORATE SEALI REPORT AND APPROVAL OF LOCAL LICE (Manufac1uters, Wholesalers, lmporten •nd Publ ic Tr•nsport•tion Systems disregard this section) The forego •ng •ppllc at ion has been examined end the p remiMs, businns c onducted end c haracter of the epphcent is s.t ishtc t o rv, and we do report that such license , if granted , w •ll m"t the ree.anable requ~remen1S of the neighborhood end the dft~tes o f the ~nheb•tents , end c omplies with the prov•slon of Art ic le 47 , T•tle 12. C A .S . 1973, e:o emended . T HEREFORE TH IS APPLICATI O N IS HEREBY APPROVED . DAT ED AT'-------THIS-------OAV OF---------· A .D . 19--------- (N AMEOFTOWN,C!TYORCOUNTV) ___________________________________________________________________________ _ (MAYOR OR C HAIRMAN OF BOARD OF COUNTY CO MMISSIONERS OR OTHER TITLE OF LICENSING AUTHOR lTV .» A TTEST : (CLERK OR SECRETARY OR OTHER OFF ICER HAVING THE OFFICIAL SEAL OF THE LICENSING AUTHORITY .) (If the prem•~l •re to uted w i thi n • town or city, the •bove •pprov•llhoutd be signed by the ~yor and derk, It In • county, then by the ch•lr~n or the board of county comm•n•oner' •nd the cterk to the bo•rd. It , by ordln•n ~:e or otherwise, the local llc."~tint euthOflty 11 some oth ... ottlciel, then such aPPJ0¥11 lhould De t i wetl by SUW Off iCII I.) 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 AUTHORITY AT LEAST FORTY ·FIVE 1451 DAYS PRIOR TO THE FXPIRATION OF THF I lf'FNSF I • - • • • • • • DR'L «12 !REV . 10n81 STATE OF COLORADO DEPARTMENT OF REVENUE ~ ~ RENEWAL APPLICATION FOR MALT, VINOUS r DO NOT WAITE IN THIS S .. A.Cl AND SPIRITUOUS LIQUOR LICENSES LIQUOR ENFORCEMENT OFFICER 'S ACTION (GET APPROVAL OF LOCAL UCOISING AUTHORITY FIRST) 1 APPROVED 0 0 LOC A l l >f>"lh5t10Cl .,..,,,.o•••• ,, lltl O Ut lltl 0 Sf.IO O bl'l• ·-L iJt l • .i t: Nu 2122 i:.~t,l t: ·1t ·t. J LU OGi ll-11 •; 2 o -IJ (; 1 OATl ..... ,. 1]'\ Jot(11t¥A .. St O IIO YfOI (01 0 IOMt 3b'Jv ::. J AS UI• ST f.NGL L ~tl l o: vJ .o •~ llO 0 ISAPPROVEO OAT( IMPORTANT SEE INSTRUCTIONS ON THE REVERSE SIDE . MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVENU E. RENEWAL APPLICATION FOR LIQUOR LICENSE FOR THE LICENSING PERIOD ENDING -. _r-123180_ TOTAL FEE(S) r ·-__ ALI:..AEFE ... ENC E c._,. ''" : ~" ,,...._ f •""••ii h o•u ~-US( ACCOUNT Nt.MIEA FOfl ~ LIAIILITV iNFOAliiATION =l -·--------, 1 11-1192€-001 l 'i ol 'J 6 d -:~1 o L~"l o <; _ -·-~~;~d SSNo. 1 SS No, 2. •FEIN _ __ ___ _ I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION EXCEPT CHANGE OF MANAGER, TRADE NAME OR CORPORATE STRUCTURE . NEW TRADE NAME t-/J4 SIGNATURE Moili .. -... !IF THERE IS A CHANGE IN OWNERSHIP DO NOT USE THIS FORM . USE AN ORIGINAL APPLICATION .) MANAGER 'S NAME If AitPLICANT IS A CORPORATION , FILL IN REVERSE SlOE . NAME AND DESCRIPTION OF LICE NSE LLU B li C U L~ Ll L ~S f -~l lf, VtN G L ~, l N~ SP1 ~1TUUUS Do you have legal poaession of the premises for which this application for licente is mede7 '(~s Are the premises owned or rented? OW~o.J . ./~1:>-If rented,effective • expiration dett of .... Is eppliC8nt(sl or ell officer(sl of the corporation , citizen(s) or permenent rntdent(s~ of the United States of Americe and Coloredo7 It the applicant, or any of the pertners. or any of the offic ers . stockholden or d irectors of uid eppHc.nt (If it it 1 corporation). or employees of any such, under the ege of t~oWnty-one years? Yes ____ No )S__ .._, the eppliant, Of any of the pertners, or any of the officers, stockhokten or directon of uid applicent (If it Js 1 corpor•tionlewer t..n con· victed of a crime in the State of Colorado or elsewhere ? Yll If so, state full details ·----- Has the appl icant. or any of the partners, or anv officer, d irector or stockhotder of seid applicent Hf it is a corporation I e...,.: fal been denied a license under th•s hquor lew? Yes fb) had an alcoholiC blverege license suspended or revoked? Yes If the answer is yes, exptain fully (attach separate sheet , if needed). Do you or any members of your fimitv hwe a f inancial interest in any other liquor licen•? huch financial interest to include any equtty interest or loans). If the anMif is yes, e.w:plein fully fattech ~ate shllt, if nHdedl. Yes Does any penon, firm or corporltton hwe 1 financial interest, evidenc«t either by IOWII or equity ownership in the business for which this license it requested? If the answer is yes, state n.,es end .tdrellft end -.,ount of su<:h finenc:iel interest expressed either in dollars or other items of velue, such as inventory, furn iture, fi.w:turtt: end equipment. Yes Lin the n-.,es and addre .. s of all businesses in which any of the penons in the previous question are internt.t . No No utA- Name Business Address No _)(_,__ No ___1._ No . 'I( ___ )C.. X •If Feder•l Employers ldtntt ficet1on Number (f E INI 15 pre·Pnnted •n the above spece , pluse check vour records to '" tf you hBitl the same number . If vou hBve • d ifferent number. correct the one above so thBt it corresponds with vour records. If no number BPI)IIrs in the Bbow spece , please fill in wtth the FE IN you hBve on your rec orrls . I • - • • • • IF THE APPLICANT IS A CORPORATION, onowor lol,lbl, lei. ldl, leland (fl. (a) Organized under the law of the State oL ______ --------___ .. Date . __ ------------------ (b) Pr mctpal bust ness is conducted at_ ____________________ , County oL ___ -------.,State at_---------_ (c) Oa!e of ftling last annual corporate report to the Secretary of State __________ ----- Name Home Address City Date of Birt h , J. .;:. ~ ~ ..... ,, .:., H:,;/,,.AJ r (U)~E.~~~t7:~:; 1-lr lt -l(-• • ·-·~ t-c ~6t ... t""'1 .·v - ~ _crt~:· .. ,.J?Y-~"'r '"r 1 . J\U6:'ft · }~7f .!.. J/~1-'nJAl :.r Mont~·!>!~· _v~/ Treasurer T o n • ..J 1.... 11 .'1T'tH.-W~ ' Olfll77 3 . (;;i(';\N(' ..;;r ~·---------------------- ~·----------------------- DIRECTORS . L•st all Otrecton (at least 3 are r,quired by law) 3·7.>·1'1 lei NAME HOME STRE ET NO. & CITY DATE OF BIRTH • Ill Ltst all stockholders owning or controll ing any of the capital stock of the corporation . (Include actual owner or plldgM.) UN separate sheet if needed . NAME HOME STREET NO. & CITY S~~~~E~NO:O OFO~~~H (The tollowH'Ig afftdliw•t to be signed and acknowl«tgect by Individuals and eec:h memtMf of ,_,,,.,,tupsand by Corporation.) STATE OF COLORADO County ut•--------------------------------------~1··------------------------------------------------ '""-----------------------------------, be•ng by me f 1rst duly sworn. 11 tor h imWf , delK»MI and •v•: thlt he ts the aPP'te.nt abow named; Of tNt he ,, of the ebow ,.,.,., cor poradon, thlt he his rNCI the foregoing •PPI~tion 1nd thllt he knows tf'le contenu th•eof , and tt..t ~~T 1 '.:uers and th•ngs therein Mt forth ~re true of htS own knowltdge a nd htt agree~ to conform to all rules and rt~~U&ItiOM promulgaued b y t he State 0ft)llrtment ot Revenue '" conrteehon ther.-w•th . .... S utncrlbed a nd ~rn to before me 1 ,, __________________ ,$y o f -----------. 19 ___ IndiVIduals and all members of pertnership must sign here: Oltiaf of Cor-ation Sip here : (CORPORATE SEALI --------··------------B V------~~~~ft~,~~n~l ~o-,~ •• ~<~ .. ~,.~ •• ~l---------- REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY C M ~n u f acturers . Wholes.lers, Importers 1nd Public Trlnspoftltion Syttenu d isreprd this section) T t\e torego ~r<t g a oollcatto n has b"n e~eamined and the p rem iSft, bultness c onduc ted and c haracter of the applicant is .. , ·•••nory •net we do report that s uch ltc ense, i f granted, w ill m"t the ruM)neble r equtremenu of t he neighborhood and t t-e Oftu " o f the •nhabt tanu. and c o m pl i es w tth the prov t110n of Art icle 47 . Ttt la 12. C A .S . t 5JI7J , as •mended . f H(RLftJ${[ Tt t !S APPLIC ATIO N I S H E R E S Y APPROVE D . C A l E:O A 1-------------T HIS -------------D A Y O F-----------------, A .D . 19----------------- (NAME O rT O W N ,C i lYQR COUNTY) __________________________________________________________________________ ___ (MAYOR OR CHA IRMAN OF B OAR D OF COUNTY COMMISSIONERS O R OTHER TITLE OF LICENSING AUTHORITY.) ATTEST : (CLERK OR SECRETARY OR OTHER OFFICER HAVING THE OFFICIAL SEAL. OF THE LICENSING AUTHORITY.) (It the pr emi~s •re loc.ted within a t own or clly, the 1bowe IPPrOvll should be signed by the mayor 1nd clark, !lin 1 county, then by the chairrNn ot the bOII'd ot co :..n t y co mmtntoners and the clerk to the bo~td . It, by ordinance or o therwiM, tha local uc.-.slnt IUthorlly 11 some othet" official, then such aocwovat should be y r ~ .. u Dy such off i c t•l.) NOTICE TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME, IT IS IMPORTANT THAT 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 -FIVF f4!;1 nAVS PRIOR TO T~l' l'ltPtRATION 01' T~l' o trO:N<:O: • I • - ( • • DAL.4021AEV. tonal • • • STATE OF COLORADO DEPARTMENT OF REVENUE RENEWAL APPLICATION FOR MALT, VINOUS DO NOT WAITE IN THIS SP'ACE ~ ~ AND SPIRITUOUS LIQUOR UClNSU (GET APPROVAL OF LOCAL UCOISING AUTHORITY FIRST) I LIQUOR ENFORCEMENT OFFI CER 'S ACTION ••••ov •t o• ~.nea l <OC f .. I I'"Ci ••.ll•oOIO il>'ll •tou••fo 11'"0 f OCOlOII&OO o• "'"l'""'' I f AY( C A .. lTOl 01. .. .,,. COLO MKO tAbl ~~ ~~A l c:N AL 01\(1 (I{ 14 ~ j..:4l 33 8 4 :, .. uO:A Y ciiiGL E:~o l ;C '· C.J t.; I J ..; APPROVED DISAPPROVED 04T ( z · IMPORTANT SEE INSTRUCTIONS ON THE REVERSE SlOE . MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE . RENEWAL APPLICATION FOR LIQUOR LICENSE FOR THE LICENSING PERIOD ENDING ,--USf ACCOUNT NI.Aiieelfll FOil 0 l.IAIILI TV INFOfiiMAT ION :;1 -----... TOTAL FEE(SI All RlfEAENC£ -'''" .J -~~l1 1'""' j ''"'"''-"•0•11 _ 11-29497-001 uU6 3t>'<l u U:Ho'> ·--- ~ _j 1231 ao ::J ·--~~.>.oJ SSNo. 1 SS No.2. _"FEIN ----·---- 1 !:ERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION EXC!PT CHANGE OF MANAGER, TRADE NAME OR CORPORATE STRUCTURE . NEW TRADE NAME 33 84 S BROADwAY ENGLEWGOD CO SIGNATURE Mailine Add,.. __ _ OF THERE IS A CHANGE IN OWNERSHIP DO NOT USE THIS FORM . USE AN ORIGINAL APPLICATION.) MANAGE A'S NAME IF APPLICANT IS A COfllptOAATION , FILL IN REVERSE SIDE . NAME AND-DESCRIPTION OF LICENSE Ct.Uo l.hEJG h Ll :":WS t.:-,•u,U , Vlt1t LS , ANU SPI . ITUIJUS FEE J $ 25.JO J CITY 85 r'!; ,.._t:Nl OA,• f ,:.~ r-· ·-~ sa~~ -------------~----- Do you-logal -.;on of the r><Jrilel for .,.,,ch !his -'ocation for li-is -1 _ ~-A Are the premiles owned or rented? .CI_.!,L~.:! '__ If rented, affective a tlq)iration dMt of'-L ---------_ ·-:----- lsepplicantfll or ell ofticerCsJ of the corporetion, citizen(sJ or per"'-nant resident(sJ of the United Stlltes of ArneriCiend Color.cio? _ ~ d __ Is the ~pliant , or eny of the pertnert, or eny of the officlt's, stockholdan or directon of utd epplicant (It it ise corporationL -,-- or m'!ployaes of any suc:ft , under the age of t-.wnty~ne yean? _ ~) 4 __ Yes _ No --·---- Has the applicant, or any of the partners, or 1ny of the officers, stockhotden or directon of said ..,.,licent (If it is • corporation) ewr beeft con· victed of a crime in the State of Colorldo or elsewhere? ¥11 ~--No ---- If so. stete full details -------·-_ Hes the applicant. or eny of the partnen. or any officer. d irector or stockholder of sa id 1pplicant (If it ise corporation) ever : ~{,' __ No ___ _ (eJ been denied 1 license under th is liquor lew? Yes ~' No (bJ had en alcoholic blwr~g~~ li cense suspended or revoked? If the enswer is yes, explain fully (lttech seperlte sheet, if needed I . Yes Do you or eny members of your fimily hate • f inMe111 interest in eny other liquor licen•? (such f inancial interest to include any equ•ty intetest or lo.-.1). If the an~Wet is yes, explain fully (attiCh •J*'atl lh•t. if ne.ted). Yes No Does .,Y person. firm or corpor•ton haw • f inanciel interest, evidenced either by loens or equity ownership in the busineu for which this licen• is requetted? If the enMer is v•. 1t1t1 n~me~ and addre ... .-.d amount of such fintncill interett txl)l'eiMd either in doU•s or other items of value, such as inventory , furniture, fixtures and equipment. Yes No L•lt the nlmft and addrftlll of all butintllft in which any of the penons in the previous question.,. Interested . • Neme Bus•ness Addreu- •If Federal Employers ldenttfiCition Number IF E IN J •• p re -printed tn the lbove 5p1e1 , please check your records to see if you n.w the same number . If you h1w 1 dtfferent number, correct the one lbove so thet tt corresponds w tt h your records. If no number appears in the above spece, plene f•ll•n w•th the FEIN you have on your records. • I • • • - - • • (e) (f) DIRECTORS ' NAME HOME STREET NO. & CITY • • • DATE OF BIRTH L••t all stockholders owning or controll ing any of the capital stock of the corporat ion. (Include actual own...-or pl.tgee.) UN uparete sheet if needed. NAME HOME STREET NO. It CITY S;~~~E;~NO:O OFO:I~~H I The following effdlivit to be ligMd arcl ackncM'I...,_. by individuals end ~ memb« of .,...tnerlf\iplend by Corporation .I STATE OF COLORADO .. or that he is f thelbow n.mtd corporetton; thlt he has rMd the foregoing appHatton end tl\lit he knows the contents thereof. end that ~tT'~n.,.', and thu9 ther.-n set forth ere true of his own knowl .... and he 19'HI to conform to ell rules end regu .. tions promulg,~ted by tN State Oepertment of R.....,..ue '" connection ther.-vith. Individuals and ell rnembet"s of PM"tnenttip must sign here: My Como .. o,,.on up""'-~ C"o.-nmiss ion expires October 3, 1982 ---=~~~~-----~;.~.PO--R•T•A•N•D--A•~•R•O•V•A•L--O•F•L•oC~A~L._L.IC~E•N•S•IN•G--A•U•T•H•O•R•IT_Y ________________ _ (Man•Jf&:~lurers. Wholesalers, Importers 1nd Publ ic Transportation Systems d isregard this section! The for•go ing •ppllc•tion has b-n ••amlned •nd the premi ... , business conduc ted •nd c h•r•ct•r of th• •ppl ic•nt IS Nt•sfac:torv , .,d we do r eport that s uch license, if gr•nted, w iH m-t the r••son.-,te requirements of the neighborhood •nd the d"irft of t he lnhebit•nts, •nd c ompll" with the provision of Artic le .-1 . T itle 12, C .A .S . Ut73 , •s •mended . THEREFO RE TH IS APPLICATION IS HEREBY APPROVED . OAT EO Alo _______ THIS-------DA Y OF---------, A .D . 19'--------- (NAME OF TOWN, C I TY OR COUNTY)--------------------------------------- (MAYOR OR CHAIRMAN OF BOARD OF COUNTY COMMISSIONERS OR OTHER TITLE Of LICENSING AUTHOR lTV .) A TT EST : (CLERK OR SECRETARY OR OTHER OFFICER HAVING THE OFFICIAL SEAL. OF THE LICENSING AUTHORITY .) '" the prem i ~l are touted w ith in a town or dty, the above approval ~hould tM Sl9"ed by the m.tyor end cterk, if in a county, then by the chair"*' of tiM board of county commissionen and the cterk to tiM b<Nrd. If, by Ofdin.nce Of otherwise, the tocet llc."~llnt •utl'lorlty Is .o,.. oth.,. offi c~l , tMn lUC:I'I •oprovel sftOuld be gov.:tl by suehoftieial.l • NOTICE TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME, IT IS IMPORTANT TH-AT 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 • I - • 1 I • • • DIIL.a2 IAEV .10n81 STATE OF COLORADO DEPARTMENT OF REVENUE RENEWAl. APPLICATION FOR MALT, VINOUS AND SPIRITUOUS LIQUOR LICENSES r 00 NOT WRIT£ IN TI11S SPAC E (GET APPROVAl. OF lOCAl. UC~SING AUTHORITY FIRST) LIQUOR ENFORCEMENT OFFICER 'S ACTION ~·c.t .... -.c; .... ,..a ., ..• •t u ... ••t o JttriD 'OC:OI..OOI&OO ,.,,, .. ,,OJ ~ , .. , ...... ,.,, Ot,.v t• COlO PAj;.,· ':.':J ..J .... LJ ,,Ill D ll-6 ?:>J-.~ GL ASS ,,( I ll t: LJ u .. n .:, APPROVED 336 o1 h :ir'I ;'.J •~N DISAPPROVED E ~ul C:oJt.l 'J CO v ilJ IMPORTANT SEE INSTRUCTIONS ON THE REVERSE SIDE . MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE. RENEWAL APftLICATION FOR LIQUOR LICENSE FOR THE LICENSING PE RIOO ENDING r-U5E ACCOUNT Nl*alA FOfl ~ LIAIIL.ITV INFORMATION =r t-"'LLAEFE,.ENC£ eovoot ~:_c•t. J_ .!::_O!A!_ 1•-1 ''"''~''"D •n t 11-65~0 3 1 0 u06 5 ~~1 l C l l ~/4 SSNo. 1 -·----_ SS No .2, 'FEIN ti 4-Q6l)'t 71.2 I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION EXCEPT CHANGE OF MANAGER. TRADE NAME OR CORPORATE STRUCTURE . NEW TIIADE NAME (.,_ L. .. s.s ,j' ... /1 (c' L / t./,.!1 c.e ~ ~,..,!/ .. ~(~-~ SIGNATURE ~-~ ~-z--.-Maili,.Add,.. 3 ~i, ~ 1/iJ~_/~Liv~" IIF T ERE IS A CHANGE IN OWNERSHIP DO NOT USE THIS FORM . USE AN ORIGINAL APPLICATION.) .,,.J;" c: MANAGEA~NAME ~~ ~~~ IF APftliCANT IS A CORPO'lA~ION , FILL IN REVERSE SIDE . • Do you hiW '-911 poaeuion of tht premjtes fo.r which thtllprphettion for liceme it medt? _ _\1£ S-- Are the prtmitel owned or rwnttd? ;i'-~ If rented, tH.:tiv• a tJCPirttion date of"'-~v.__.r-.::.-::;,:r,_ ____ _ I• lpplicant(sl or 111 offic:ar CaJ of the corpor1tion , citizen(s) or permtntnt residtnt(aJ of tN United St.tes of Arnericl and CoklrND7 Ia thtl!ppliclnt, or 1ny of the ~rtntn , or 1ny of the o fficers, stockholders or directors of uid IIPPficent Uf it ill corpor.cionL I or employ"' of any such, under the ege of twe nty~ne 'flirt? Y• No ~- Hes the epphcant, or 1ny of the penners. or 1ny of the offiCtrS, stockhok:Mn or d irectors of uid IIIPC)tic•u (If it il 1 corporation)...,. been can· vtcted of 1 crtme in the State of Coloredo or elsewhere ? Y• __ No .}:= If 10, II Itt fu II detli ~ Has the IPPlicant, or anv of the Plrtntrs. or any offtcer. d irector or stockholder of uid eppticant (If tt 111 corpor1tion) ewr (I) been denied a license under thiS liquor ltw? v .. (b) hid en alcohoHc bever~g~ltcense suspended or revoked ? If the enswer •s yes, ex plein fully (ettach ser;a.r1te sheet, if needed). v .. Do you or any members of your f8m ih,. heve 1 f in.,ciel interftt in 1ny other liquor licenll7 buch ftnanciel in~ to~ any equtty interftt or lo.,sL If the 1nswer is yH, expl1in fully (Mtach tepWatt sheet. if f'IMded). v .. Does eny pwrson , firm or corpor.e:ion heve 1 f inenc .. l interest, I'Vidtnced either by lOins or equ•ty ~ip in 1M~ for whteh ttus lic:en• is requllted? If the en~ is y11 , state names end eddrftws end .mount of IYCtl f~ .,..... tKprtiMd tither in doUws or other items of velue, suches inven tory, furn iture. fi•tures .-.d «<UiP"*"t. Yes list the n-.nes 1nd eddf'ftlls of eU buttntllel in whteh eny of the Plf'IOnl in the previous quett10n .. •nlriNited . Name Bus1ntss -Addr .. •u Federal Employers ldentJfteat10n Number IFEINI 11 pre-pr.nted '"the above spece. P'-" check vour records to .. tf vou hew ttw ume number. If you htve 1 dtffer"'t number. correct the one lbove so that 11 corr.sponds wtth vour recOf'dt If no numbef ._...,.'"the abow IC*t. pleese fill'" wtth the FEIN you he_,. on your recorrls - • • • IF THE APPLICANT IS A CORPORATION, -1•1. Uol.lcl,ldl, 1•1-111. lal Orgon1zed under the law of the Stote of _______ -------____ .• Oate. ____ ---------------- {b) Prmc•PBI business is conducted at _____________ -----__ -· County of ____ --------· State oL ---______ _ (c) Da~e of filing last annual corporate report to the Secret•v of State ______________ _ Name Home Addreu Coty Date of Birth Month, Day, Year (d) p,.,.,..,, ------------- (el (f) V~•''"--------------- T rHturet ------------- Seaetary ------------- Mo~-------------------------- DIRECTORS L•11 all 01f..:tou la t l•st 3 are rctuir.t by Lawl NAME HOME STREET NO . a CITY OATE OF BIRTH List all stockho~•• ownmg or controlling any of the c:apital stock of the corporation . (Include .ctual owner or plecte-.J UM MPatlte ahMt if needed. NAME HOME STAEET NO •• CITY S~~~~E~~NO:D OFD:I~~H STATE OF COLORAOO Countv .>f'---------------------1~• ------------------------- """'----------------·being by me tim duly MOrn, if for hemWf, -..o-and ayt; ttwt he is the IIIIOIC.ntllbo-. MINd; Of tNt he ,, f the llbow nemed corooration: ttwt he tws r.-d "-• lor._.,. 811111icltion and thlt he knows the cont.r.t1 th.,eof , and tNt ~J'!.:ttlfl and th•ngs t"-ein Nt form •• ,,.._of hil own lcr..,..... and ht .., .. to COftllorm to•llru._end regu .. tionl ptomulllt.:l by If·,. Stale o..,_rtment of RhW!ue •n connection th~t..,rth . S~w:r ib.'Q •nd lfltOfn to befor1 "" .... _ ·--LL~. ___ _.,,. .• ol lndiv...-s and •• ...,...,.,, of ..,,....,.. mUit ..,....,,; Olf.:;co,poratMon <CORPORATE S£ALI Sign !we: M• Com•no .. oon ... .,., :'--:-a'~-Ju'-''~...:./._,/J/~·-L../f._...:r/:......:::,"J=. _____ a., _____ -:::--:-:--:-:--;-:--::--.----------::::: ---::?!.. (PreiiMnl Of $ecf .... y, REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (Manufacturers, Wholeulers. Importers and Publoc Tra..._ution Systems di•....-d 1M .aoonl The f 'oregcung •ppiiCMICtn hM been e111-..n lned end tM pr-.niMI, bu.inea conductm end char-"• of tM epphcent •• ut lsta«o rv . •nd we do report th•t such hcen•. if gr•nted, w ill m .. t the r N.o,.-,le req1.nrernents of the ne._..,orhooct •nd the dftlrft of the inhebit•nts, •nd c ompl• .. w•th the provt~•on of Article .t7 , T1tle 1 2 , C ,. S 1tt7J, • emended rltERE~OA( THIS APPLICATION IS HEREBY APPROVED. DATED -'\lo _______ THIS-------OAV O F----------· A .D . 19--------- • CNAM[ Or-TOWN, C I TY OR COUNTY)•-------------------------------------- • (MAVOR OR CHAIRMAN OF BOARD OF COUNTY COMMISSIONERS OR OTH[R TITLE OF l.ICt:NSING AUTHOIUTV.I ATTEST : (CLERK OR SECRETARY OR OTHER OFfi'ICEA HAVING THE OFFICIAL SEAL OF THE LICENSING AUTHORITV.I (If tt'+e l)fem• .. , ere louted w ithin • town 01 City, IN •Ito .. ePOf'OM~Itftouki M .._.... •w tN mey01..,. defk, if In • county, tften •v tN CftattiiW'I of INIMNI• ot co ,,,. U)mmf••onen end IN cWk to tfte IMMt•. If, •w Ofei...,.ce 01 ot...,w ... , ttte toqlltCII'I .. ftt •utftorUy .. tome ottter official. tften suct'l•..,owrel sftouNIM ...... bW ~wd'IOtf t c.~l.} NOTICE TO INSURE THAT VOUR LICENSE IS ISSUED ON TIME . IT IS IMPORTANT TttAT THIS DOCUMENT, WITH YOUR STATE FEE REMITTANCE. BE AT THE COLORADO DEPARTMENT OF REVENUE, STATE CAPITOL ANNEX BUILDING, 1375 SHERMAN STREET, DENVER, NO LATER THAN THIRTY 1301 DAYS PRIOR TO THE EXPIRATION DATE OF VOUR LICENSE . THIS DOCUMENT MUST BE IN THE HANDS OF THE LOCAL LICENSING AUTHORITY AT LEAST FORTY ·FIVE 1451 DAY!'i PRIOR TO THE FXPIA&TinN m: Tt.ts: • ,,..,.,.,., • I I • - •t uv•••o •••"' •o cthnOI •D('I ~' ... , t.&"''"'' ...... ,. tJ~ s"''""" .. '' 0 1 .. ~1 " CO<U , I • • • STATE OF COLORADO DEPARTMENT OF REVENUE ltENEWAL APPLICATION FOR MALT, VINOUS AND~IJCENIEI (GET APNCWAL OF LOCAL AUTHOitfTY FIRIT) iJUJ Hill IN \ItS T11Ei'H H~~PUE"' ,.tST J90u S LIPAN ST t ... Gl b•U OD CO 11-50&17-001 8Cl1C 00 Jlr,I QT Wllll 4TE I N THIS Sf" A CE LIQUOR ENFORCEMENT OFFICER 'S ACTION APPROVED DISAPPROVED OAT( J • IMPORTANT SEE INSTRUCTIONS ON THE REVERSE SIDE . I --·,,~tC £-.SS+G ,A l'tnr(-._:-1 L O~A i... LICENSING AUTHORITY COPY MAK E CHEC K O R MONEY ORDER PAYABLE T O THE CO L ORADO DEPARTMEN T O F REVEN UE. ll.Hao SS No.1 SS No.2 •FEIN . _ _ ~ TOT~!:_~EE(~~l I _ -~-~u1 • .?5 j ( I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL A"'LICATION EXCEPT CHANGE OF MANAGER , TRADE NAME OR CORPORATE STRLICTURE . _/)0 _ • ENCLEwOO~ CC SIGNATURE ).... "\lit'~\__,~ Maili .. Add,.. I I NEWTRAOE,NAME ~ 3517 S t:lAT I EISA CHANGE IN OWNERSHIP DO NOT USE THIS FORM . USE AN ORIGINAL APPLICATION.) _____ , I I MANAGER'S NAME Joan t-lalsh IF APPLICANT IS A CORPORATION , FILL IN REVERSE SIDE . TYPE "' NAME AND DESCRIPTION OF LICENSE HlJ T H ANiJ k E S TAlM<.AI• T liQUOR ll Cl "'St. -l l FEE -~--'-2~-~a: j l. 5 Z76.Z5 I lilY 85 PEkCcNT OAP FEE Do vou have lepl PGIMU,ion of the premtMJ for wtltch thts apphu11on for I ~Cen~e 11 ,.....7 Yas Are the Pf'etnrtel owned or rented?Qwned If rented, effective A eJqJirMton dace of.._. Is a pplt CIInt (s) or all officerCd of the corporation , ci t tzenls) or permanent rftldent(s) of the United States of America and Cokwedo? ~ Is t he -.aptM:ant , or any of the ..,-tnef'1, Of'" any of the offtcers, stockhotden or d irectors m utd ~tea'lt Clf it is 1 corporMioftL o r employ"' of 1ny such , under the age o f t wenty-one years ? Yoo _____ No !'To Has the appltc.nt, or 1ny of the partners. or 1ny of the off1cers. stockhok:»rs or d irectors of ~~~ IPPIIC..nt (If it it • corpcwattOn) ewr t..n con ~ V1 cted of 1 Cflme in the State of Colorado o r ~lsew hef~' Yos .. If so. 1t1te fu ll detaits No ---He~ the appl ic..nt, or 1ny of the pertners, or any officer, d irector o r stockh~der of sa id applic.nt (If it is a corporation) ever : Ia I been denied 1 license under thts liquor law ? ----1 Yoo No (b) had an alcohol ic beveraoe license suspended or revoked? If the enswwer is yes, exp .. in fully (attac:h separate sheet, 1f naededJ. Do you or any members of your f8nuty h81rtfe a financial interest in any other liquor licen•7 (such finencial int.,..t to include any equtty interest or loensJ. If the antwer is yes, eKplain fully (attech •J*'ate sheet, if needed). Yes Yes Does eny person, f irm or eorpor•ton hate 1 finencial intttrest, evtdenced either by loens or equity ownenhip in the business for whtdl this licen• it requested? If the .,.,.,., is yes, state n8mft end ~ end M'KJUnt of such finenciel int-..t e•preiMd etther in doll•• or other iterm of vllue, such as: inventory , furniture, fi•tur• .nd equipment.* Yes X No L•tt tho n.,.s end edd,._, of Ill bus•-• in which onv of tho ponons in tho ~>m~ious question.,. intlf011od . t:! /.4. No X No X X *Republic Nat'l. Bank, Englewood Co£ 122,033.25 as of. .9-30:-?L 'N.,ne aus tness .__-eu •u F eder•l Empjoyers ldentlftc•t •on Number IFEIN I IS p re-pnnted 1n the a bove space. pl .. se check your records to IH tf vou haw the llll'e number . If you have 1 d tffe rent numt»r, correct the one 1bove so th a t •t corresponds wtth your recOrds . If no number appun '" thellbo.,.~C~Ke . p luM f1ll •n w tth the FE IN you ~ve on your records . -·I ---------------------,--------------------------· • • I • - • • • • • IF THE APPLICANT II A CORPORATION, -lel.llol, lei, WI. lei-lfl. lei Orgenized uncle< tho 1-of thoShltl oL -C~.Q.r..a;;..~------_ .. Dete._-.: ~~u -! ,-~.l:)...'~'l ----. lbl I'T incipol bu>ineu i> conducted et. ___ }.)ll.~ .:;;.,. -l • .f~-:,.~ ~nty oL -for~-:'!~ .. Shlto of-<"!":1:.,-;---·. lei Date of filing lest onnuol corporate report to tho Seer-y of Shit•--------------. Nemo Homo Addrna City ~-:::-::~9 .J . ldl Pr-" . r.rv-.·r f_ VicePr•. ~ • ·.'al L:c ~ ·' . "=t . S. Vtt-1ctcn Deto of Birth Month, Dey. Yur r ,. J.O .. ?t:: T~-·~~--~----=---~~~-----5ecr-'8ry · r 't. -... A, ·. .... .-;. -. niJc .. r ... r I .. ; -~"' ... ·~-,_.·._,c __ ·-'O>~'"''"'D"Q~"'-'~----... ·l.O''o;':~---- ..._, ,TG"f . ••. J e:. .. , DIRECTORS' (e l T NAid~ ..tt!IME STREET '!tO • CITY v C.:-:l·~s :!. !".h)las 1 "../':.. ! . : ~lJ-li ·~·.· _,.,,._ DATE Of BIRTH ~-l"l-:r: .:.!r\"C'l r. JY;tJlaCP. 7':, "·'} f . :?riDCC lVl:. 111 (.: • ar l C S r; • .".r;.) er &O r. _·!../.!.f..:c<i,_O:::.·....:.~-'e"'. "'!!T......,O::.r.._,t~r."'~"':r-'t"-'-. ___ r 1" a l<>~mo•; Lilt all •tockhoaders owni"' or controlli,. any of tM c.N»ttal stock ot the corporation. (lnclwde ectuel owner cw ........_, U. ....., •• .._ tf ......... NAME HOME STREET NO •• CITY "ERCENT OF DATE ~TOC~OWNEO DF BIRTH 1 "•':/ ,..,,. st-oc1• 1'.1 ~·· i:;sur>r' STATE OF COLORADO County~l----·~·~,r~~~c~~~~-1~'~;~~----------------------~~··-------------------------------------------------- ond • -...,.by_firllduly-·.~· .. h-.-·nd-; ............ ____ , cwtNthett. ......... ~·. :-~t,. _:.d:: .... ;;-or ~ -· .. t .............. corporMion;tMthe ... r-lhef .......... icMioftendtlwthek- tN cont..nu ,...,.,. . end that ~~~ end m-.. ttwein lit for1h ere true of hil own knowledll •nd he .... to contorm to.., rvlea Md ,_.. ... promu ... ted by ttw Sc.te o..rc....,. of Rew.nue in connection therMilh . lndMduol•-·"-"'--·-·' thll ___ .;,.' -' '-'' t._'-io.--------""""Y of (CORIORAT~ SEAL) AIIKI'! SNI lllotanuf..:tu<en, ............. ,_,...end Public Tronsportetion Systems ditregerd this ...:tionl The t'oreeo.ne epplketio" "'-..,_. -em•t'Wid end the .,_,.._. busir,.. conduct!M end charKter of the epplicen1 ia .. ,._.actorv , ~we do r~ thet aYCtt ,....._..,if pented, w•ll rneec tN r...,neble requirements of the netghborhood and rfted .. r•of the i""-bf(aftta, end compU•wrth ltle prow~Siof't of Artie._ 47, T itle 12, C .PI .S . 1873, .. emended. TH£REFOAE THIS A"'LtCATION tl ME:AUV A,.IIIOV£0 . DATED A T'--------------THIS,------------DAV D•·----------------, A .D . 11'--------------- (~MEOFTOWN ,CITVOIIICOUNTV, _______________________________________________________________________ _ IMAYOR OR CHAIRMAN OP eQARO OP COUNTY CO ... taltONERI OR OTHER TITLE OP LICENSING AUTHOIIIITV .t ATTUT : (CLERK OR SECRETARY OR OTHER OFP"ICIER HAVINQ THE OFP"ICIAL SEAL OF THE LICIENIING AUTHORITV.t ttf the premi ... ••• loc.t .. wllllln • lown Of dty, the aiJO .. •PDrovel lftoute ........ 1tw ,._ meror.,.. Clerk, If tn a COuftt)', tften Q 1M._,,... Of tMIMaeftl of county commtt.tonen.,.. ,._ aere. to the._.. •. If, •r or•tnence or otMr••· tM toat 1~ • .,.....,,., .. toiN Olfter offlclet, tMftlueft • ..,._. II'Mtute M .en •r sueft officleilt NOTICE TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME. IT IS IMPORTANT TH-AT THIS DOCUMENT. WITH YOUR STATE FEE REMITTANCE. BE AT THE COLORADO DEPARTMENT OF REVENUE, STATE CAPITOL ~NEX JIUILDING, 1376 SHERMAN STREET. DENVER. NO LATER THAN THIRTY (301 DAYS PRIOR TO · T19..q_PIRATION DATE OF YOUR LICENSE. THIS DOCUMENT MUST BE IN THE HANDS OF THE LOCAL ~ ~EN"NG ~UTHORITY AT LEAST FORTY -FIVE 1461 DAYS PRIOR TO THE EXPIRATION OF THE LICENSE . • I • - - ( • • • 1 I • • • DRL402 (REV.10nBJ STATE OF COLORADO o r I..OC A \ \.!C:f .. S I""G .... , •• 0 '1 11 ~ •• •tau• .. a "'"a Ot•••r ~~o~~t.,.t a· •• "'''"vt ,, .. ,, c••••o t ........ "" ... , ......... , Ol .. ltf• C:Ot D DEPARTMENT OF IEVENUE R£NEWALAPPUCATIDN FDIIIALT, VINOUS AND SPIRITUOUS LIQUOR L1CDt1D (GET APPROVAL Df LOCAL LICENSING AIITHORrTY f1ltiT) Hll 1J..._S CAF;c INl. 43 1>6 S uO ,.AY b~..;l .; .... , ';...u CO 00 NOT W"ll£ IN THIS 5"AC£ LIQUOR ENFORCEMENT OFFICER 'S ACTION APPROVED D•Tt OISAPPAOVEO l. ll l'-Sf"[T(Lf"MO""fNO -·--. ----.,.,_,--IC EIII'S]tGilil ... l'tnfl'-----lrm.tr_liDffiiC.FliD1l~@®1fJf -.c>RTANT SEE INSTRUCTIONS ON THE REVERSE SIDE . MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE. RENEWAL AI"PLICATION FOR LIQUOR LICENSE FOR THE LICENSING PERIOD ENDING -----, TOTAL FEEISI 1-usuccOUNrN.-oooo F LoAiourvoNoo•MAToON ~-r-T ----, r -; ~-::·;~:-j >0 :::~'.":' ::::;, j_ j _ 12H s~_l_ Hi'_~:; s1 SS No . 1 ----. _ SS No .2 *FEIN 84 0571621 I CERTIFY lliAT 'THERE ARE NO CHANGES TO MY ORIGINALAiiPLiCATION EXCEPT CHANGE OF MANAGER , TRADE NAME OR CORPORATE STRUCTURE . NEWTIIAOENAME SIGNATURE IIF THERE IS A CHANGE IN OWNERSHIP 00 NOT USE THIS FORM . USE AN ORIGINAL ~>tiCATIOI'I.l MANAGER'S NAME iiJalter ifran • rF A..,_LICANT IS A COA .. OAATION , FILL IN REVERSE SIDE . NAME AND DESCRIPTION OF LICENSE l L2uL:~ LIC:t::~ ....... -r-.•.. L-1, 'i H .c ._._,, Do you...._ lllol-of""--for which thil-lice1ion for •an. il..._1 -iyr.e:;-s~-n::,.,.,....,,...,.:-. Ara tho -•-or rwn1ed1 ren~d If ranted. effective a oorpir .. ion -of ,_'!_~.19'79 to Augl. 984 Is opplicant(sJ or ell offi .. rlsl of tho c:orporetion , citinnlsl or perrnonont rooidontlsl of tho Uni1ed Sao101 of Amwica end Coloredo7 _....2!!,8 ___ _ a, the IPPhcant. or any o_.f the PWtnen, or env ?f the officers, stockholders or directors of Nid IPPIIC8nt (If it ill COI"IIOfMionl. X Hoi tho -'ocant, or onv of tho Pllrtnors, or onv ol tho officers, stockho-. or dorocton of uid -licant (If i1 is e corpor .. ion)...,.-con· vicrad of • crime '" me Stete of Color~ or elsewhere? Yoo -------No tf so, lllte full deteils ------__ _ H• the ..,_,hctnt,,or eny of the JMrtners, or any offic«. d irector or stockholder o.f said 1ppHcent (If tt i11 corporetion) ever : (e) been denied a license under this liquor law? Vos fbJ hKt 1n alcoftolw: bever-ee hcen~e suspended or revoked? Yn If the en--.r ''yes, ••plain fully (artach MJ*'atl lheet, 1f neededJ. 0o you or ..,. members of your f8mily haw 1 finenc ... interest '" eny ottWr liquor licenie? (ad~ fi~ intwest to include eny equ,ty interwa or~-If the.,_,.,'' ves ... _.." 'tulty ~._......,.,.a...._.,, if l'liMdecG . , Yes Does env PlfiOn, firm or ~-""' t\wl 1 f•nenc• ,,;,.,..., evidenced ''"'* by loins or equity ownenhip in the butinets for wtuch thti 1iC.n• t1 ~? If the .,...,., 11 v•. AMe rwnes end ....,.._ .-.d lmOunt of IUCh financi .. intwert No -=:X:;_ __ No X ----- No X No X hP'ftled _.ther in doAa.s or other •twn& of v .. ue.IUCh • ,,.....,.IOr'V. fum•tUN, fiKtuNI end 4Quiprnent. Yft ~ X NO" L••tho----oftllbuo>~ol'¥•c:JI~.V>o-.lnll>t~~,.A~. t olf24"" ()() Loan owed to J&roal.&w vnOIIIl.&JI: J l"lozard ATe~~.n l.cago,.u.l. bUOUJ 1190un to 7"• Loan owed treontinental Uat 1 1 Engl-CIIIII.,QGlo Balance ot $188.-82 -Addr..,- ·u feder11 Em~ tditnt•ftCMJOn Nurnbtr CFEtN• ".,.._iktnted '"the ebQve spece, p._. check vour .-.cords to'" •f vou ~·the same number If vou Nve 1 d•fferenr number. con-ect the one lbowe 50 thlt •t cor-rnponds w•th vour records. tf no number....,.. in the .t.ove "*''· .,.._. t.l l,n w•th rhe FEIN vou heve on vour records. • I • - • • • • • IF THE APPLICANT IS A CORPORATION. -lei. lltl,lcl.ldl,lol-lfl. l•l Orgon;zod under the-of theStoteoL ___ ·_.colo _________ .. Oote .Sept. ..1r-~-------- (b) Prone; pol bus; ness;, conducted ot-4.386-So.-~ ~lew~(l}al~ _ Jlra~-.. Stote of-Cole•------ (c) Date of M;ng lost annuol corpo<ate report to the Secr~ary of Stote_-A!'ril-30-,--l-'178 · Name Home Address ~ C•tv Date-of B;rth Month, De y, Y- ldl ,.,.,....,q~a l t er Hran S06Q E Snn111H Brl Parker 1 Col or.~ .... d..,o'-'-s .. o .. J._3~4L-==-=--::-7't./~2~0~/~J~9- vocoP•es. ti.L.Kemph•uac 2~ COuAty Line Rd L.ittJe*OQ Colorado 80]20 1 /20fJ9 r ......... IH:lee~ L1 liP• 8060 :g, !.-u iAl · farifar c:e•;.ae 8013lt ~/-2l/oS :.:· =~r· !baa ::: i: ~=~ ~: ::;:~::;t;;;~ :Bt ~~5 OIRE~S : lrst all OW.:tor1i (at l•st 3 are rtQuwMf by t...l . (el Walter'&loiE-8060 E ~E'Rtf.!·li'iiF!<er Colorado SO:elE OF aoRTH 7/20/19 .Urt;g e e I I l --1B11tt'ldl:rbeon:gl'l!cul'l"dd-ilL:::-.-1llillxr'laa:mr--8060 E. SiiWtd:L ltd Piuke1 1 eolot n .:o 891:3ii J:2r21}E)5 ---Dft=.Lt::-.laiu:IRIIIIJ:il'fti&lllaseumnm----~2500 euw1ty L±ne ltd. i.J:Ltleton1 Colut<.du 80120 1/20{39 Ill Li'P all stockhotders own.ng or controlling •nv of the C8Pit•l stock of the corporetion. (Include ectu•l owner Of,......__, U.. ..,... •• ._ if ne.Md. ~AME HOM£ STREET NO .• CITY S~~~~E~NOEFD OFD:.~~H Walter lirc.-SOft> E. Sn!lll!it Brl Parker· Colorado H1ldegarrl L. Hrc. SOft> E1 Snmm1t Rd Parker,COlar~do STATE~ COLORADO Cowntv ofl ________________ _,r· -------------------- ond•------------------..... bw ,.. • .,. ...,. MOrn, ff fOt' ...,_..,...,...nd ays; thlt he •the,..tiDM Mlo• Nmld; Of rtYt he '' ttle ~,.... CIIJir'IIOI'MIIDfl : tfW1 he ties r..:t the for ..,o•,. I!IIPIC81ion Mid tNt he knowt (T•t•l IN contentl ttw..._,., Mid ttw1 .. ....,.,. Mid tft"''l ........ -~ ... tr .. of ... c.ft k ........ ..-1 ....... 10 conform 10 elrulel end ,......ION promu9ted ... , ...... s~ o.....,.,.. of ~ '" COftftiC1101"1 .......... lnd..,.....s end ••• members of 1*'1,..,..... muat lifn .._e REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY - (Monufacturen, Wholeulen, lm-'e"-Publoc Tronsportatoon Systems d;sr-d th;s sectM>nl T he tO~'"I •ppl;ut'<tn h• been eaemined end the prem._, bua-ne. conducted end cherKter of the epplicent is Y t •sf e o rv . e n d w• do report thet s uch licen•. if panted. w ill""_. the , .. .,n..,le requ.,~ents of the neighborhood e nd the d•"" of the inhabttents, end compli" with the provis•on of An id• •7 , Title 12, C .R .S . 1873. •• emendlld . T HE R E F O R£ THIS AJJPLICATIO N IS HEREBY APPRO VED . O AT E O A ll _______ T HIS•-------DAY O F'---------, A .D . 111--------- (NAME O F T OWN ,C ITY O RCO UNT Y)i _____________________________________ ___ (MAYO R O R CHAIRMAN OF BOARD OF CO UNTY CO--..ISStOfltEAS OA 0Tt4Ett TITU OF LICENSING AUTHORITV.t ATTEST : (CLERK OR SECAETA"V OR OTHE:R CWFICEit HAVII'WQ THE OFFICIAL KAL OF THE LICENSIIIC AUTHC)RITY.I (If tne Dt'emtw~ ,.,. ~~-w ith•n • town or dty, the .eo• .... ~, ~ ....... IIW tM ....,._ ~ dllrk,lf In • cownty, ...._ .. tile dtMffllllll' .. •• ._... 011 co _n•y c ommtta~oners _,d tM der'k tot"-....,.,_ II , •w-Of .. fteftea 01 o~~~~er.-. 1t11e..,.,.. ......... e utr.orM y ....... ...., otticlel, .._...,....,..... ..._.... .. e•...-·b!ftuel'lott•C IIII.) NOTICE TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME . IT IS IMPORTANT TH-AT THIS DOCUMENT. WITH YOUR STATE FEE REMITTANCE. BE AT THE COLORADO DEPARTMENT OF REVENUE. STATE CAPITOL ANNEX BUILDING , 1375 SHERMAN STREET. DENVER. NO LATER THAN THIRTY 1301 DAYS PRIOR TO THE EXPIRATION DATE OF YOUR LICENSE . THIS DOCUMENT MUST BE IN THE HANDS OF THE LOCAL I lr~NC::INt: 6l IT ... nQITV AT I C: At"T enDTV Cnlr:. 'IIC I "• ,,,.. "'"'""'"' ,.,..., •• , ... .-u-• .,. • .,,...,., ....,_ -· ·-· ·--··-- • • I • - • • • • • , • • • • O .. L ~21 .. E\I . 10n8) STATE OF COLORADO -~"Ofll"~ '" II t OUt ~ D 15f .. D &01 .. 1• I]~ ............. , DEPARTMENT OF REVENUE ltEN£WAL APPLICATION R11t IIALT, VINOUS MD~UCEIIIEI (GET APPIIOVAL Of LOCAL ~ M1THD1t1TY NIT) ARAI'Arlo,,._ 1\ G f C t1U ·1i:: l!-52 74v AS~ I 38r.)., r:i ;•.J cRiil RL DO NOT WlltiT[ IN THIS SPACE LIQUOR ENFORCEMENT OFFICER 'S ACTION APPROVED DISAPPROVED -.c>RTANT SEE INSTRUCTIONS ON THE REVERSE SlOE . MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVEN UE . .. ENEWAL At-PLICATION FOR LIQUOR LICENSE FOR THE LICENSING PEFIIIOO ENDING r-UK ACCOI..IJIIT ""-filii f'Ofl ~-l iAIIliTV INFORMATiON r -.~LlfUFliiiiEfiltCt COUto!_!.-~:•!.• -~-~' l'""T l!A•''-'""'o.t..!!_ _ . H-5274C i v OJ (} 5312 c llll 7l TOTAL FEE(SI ----J I SSNo. 1 SSNo. 2, ---~lu.~ •FEIN I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL A ... LICATION EXCEI'T CHANGE OF MANAGER , TRAOE NAME OR CORPORATE STRUClURE. / NEWTRAOEN~..a ___ _ SIGNAnME ~') Mei~int--'J_'!J~~~~~---- • (IF THEA£ A CHANGE IN OWNERSHIP DO NOT USE THIS FORM USE Alii ORIGINAL APPLICATIOI\I.J FEE S P I k JT IJO US. --I----"$'--'L""'~""' • ._u,_,iJ_. -----~~~----_-..__.~_~$ us-: opJ Do vou hllwe logol-of 1t1e ......,.., for -·en thit -hc.tion lor 1"'-it ...-1 _ _y ,ec...o.£'------- Aro tile prom;.-or ...,,...1 Df,Jc.f~/:J _ II rontod, eflectivo 6 Ol<pirotion dote of;{;; Is the ~I ant, or any of the pertnert, or any of the o1fiCerJ ,ItOCkhota.rt or d irectors of aid IIPPI~t (If it it a corporatioftt . victed of a cmne in the Sute of Color.:MJ or els.where? If 10, state full dwtaits H•thtiiPPIK:ant, or any of the pertners, or anv officer, d irector or stockhotder of uid applicent (If it is 1 corporation lever : fal been dttnied a liCenM under thts hquor law? (b) had an alcoholic btver ... licenttsuspended or revoked? Vos Yos If the entwwer is yes, ex:ptain fully {attkh •parate sheet, 1f neededl. Do vou or eny members of your fam•ly h.,. a f i nenc•al mtet'ftt in anv other liquor licente? (such finenclel in-.st to indude eny equity interest or IOMIJ . If the.,...,... is ves. explain fullv fmech .._.attlhtet, if needed). Yft Does .,Y penon, firm or corpor•ion h.,. a f i nenc•~ interest, evidenced either by ICNns or equity ownenhip in the bulinea for whdl this license is Nqullled? If the eniWer is v•. state n-.s end mctreun end MtOUnt of tueft fii\Mei .. tnt..., ••~ either in dol*• or other items of value, such as inventory, furniture, fixturw and equipment. Yft List the nMW~ and .tdreues of.,, busmesaes i n wh•ch any of the PM'IOns in the previous question .. i nteres~ed . . No -X__ No X __ lifo ~ lifo ~ N.,.,.. Busmess Address- "If F-rol Emplovors ldentolicotoon lllumbe• !FE IIIII os Pre-pronted on the-spece, Plene chock vour rOCO<ds to-of vou have tho- number . If you hove • dolfe•ent numbe•. co"eclthe one obove 50 thot ot cO<rftP()nds woth your recor<H . If non--" on the obovo speco, P'-te f1ll1n w•th the FEIN vou have on your rKords . • I • - • • • • • IF THE APPLICANT IS A CORPORATION,-1•1 . lbl, lei . ldl, 1•1-lfl. . (ol Organized under the,_ of the Stote oL _(!..at,..p.JC~O~--___ .. Dote ____ r::·_t_ :_2L __ ----- (bl Pr onci pol business is conducted at:11S {;'s:>_S<J V.he~L "l.€ C~-County oL M-!~1..fr£tr= .. Stole of_ CQ_ ~'_ ___ _ (c) Oa!e of ftl i ng last annu.l corpc:H"ate report to the SecretMy of St..te _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ L-- Name Home Addreu City Date of B irth Month, D1y, Ye1r I :2.-17-33 . //-r-zr , DATE OF BIRTH ~~-7-30 {The following affldlivit to be""*' and ecknowtedgld by indtvO.Iah and eKh member of ,_..,,.,lhips and by Corporation.! STATE OF COLORADO co"nty at·_......,,(..,~"-"4'-'tt'=Ao:;./ttw!.,.,"-"'L"------------l~•-_Tfit:u::"'-'#'-'1'<.""---*'-=-E==.,O~lt.._.,E._zr.c.....'-'E"'--;.;~:::..--------- •nd•----;;;;--:--------------beifta by me tim duly -.orn, if tor h"'--f. ciiiiO* and •ys; thet he is the eppAc:ent .tlow rwm.j; Of,.,., he 1$ PI .1(6 I o<er of the llbow Mmld corporatiOn; thet he ... rM the tor..,..,. ....,eic:atioft and ttwt he know~ the contents ,.,_,_,,. and thet ~.rt,::,..,, and th•ng~ !We•n ... forth .... true of h is own know._. and he ..,.._ to confcwm to all ru._ M'd •tiiY•ItiDftl p4'omu9ltMI by ,._ S~ate O~tment of Rewnue '" conr«tton ther..-im . Subscrlb«< """ ~ n to befDfa me lndnridwts and all ~~ of ~...,......, must lien We: '"''-_ . ...iL._!!/!. *\'of My Commn.to•on e•P"H-------------------8> REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (Manufacturers, Wholesolers. lmpor1ers •nd Public Tronsporution System< diwegord thiuectionl (CORPORATE S£AL) The foregotng application h ... tM.n e~tem i ned and the premises, bua•neu conduc ted and c harac t., of the applican t ia Sllt•sfectorv . and we do report thl'lt such license, if granted, w ill meet the ruton.Oie requ iretnenu of the neighborhood and the des• res of the Inhabitants, and c ompli" with the provis io n o f An•c le •1 , Title 12, C .R .S . 1V73 , as amended. lHE~EFOFIE THIS APPLICATION IS HEREBY APPROVED . DATED At, _______ THIS·-------DAY OF'---------· A .D . 19•--------- (NAME O FTOWN ,CITYO R COU~TY)>------------------------------------------------------------------------------ (MAYOR OR CHA IRMAN OF 80ARO OF COUNTY COMMISSIONERS OR OTHER TITLE OF LICENSING AUTHORITY.) ATTEST : (CLERK OR SECRETARY OR OTHER OFFICER HAVING THE OFFICIAL. SEAL OF THE LICENSING AUTHORITY.) {If the prenmet are IOQtecl ••t"i" • town or city, the •DOwe •PPtoW41 1 Shou6CI be slpecll by the "'IVOf •ncl C*'k,lf In • county, then by tt'ltl m.trrltef'l of UM bOard of co..,ntv oomfniu•on.n at~d the det'k to the board. If, by ordinance or otftefw._, tfte toul IIC*'Itift9 autttortt,-ts to,.. other official, then •ueh aNWo•t•hOuNIDe 9 ••'"'"' by touc:t'IOtf iC.Ia l ) NOTICE TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME , IT IS IMPORTANT TI+AT 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 • - • • • • ~I A II: Ul" \,;ULOKADO DEPARTMENT OF IEYENUE ltEJIEWAL APPLICATION FOR IMLT, VINOUS MD~UCEIIIES DO N OT WRIT[ IN hHS Sf"ACE (G£T APIIIIOVAL OF LOCAL MITHDRfTY FIRST) LIQUOR ENFORCEMENT OFFICER 'S ACT ION "-OC•• •oC'I ...SI<roG a .,'t.,OOI I f• u "IDU>OII O " .. 0 , ........... ,, Ot N.,f OI COlO I OK• '1 u ), -J 1.~1.. 1'4 ._, P !-1 •. ,1\Cy 2 d'>~ s _,,;,.,. y El\l(;l . ~'•'•'-'.J Ld l l -:..1 ;.~5 APPRO V ED DISAPPROVED -.oRTANT SEE INSTRUCTIONS ON THE REVERSE SIDE . MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE. .. ENEWAL A .. LICATION FOA LIQUOR LICENSE FOR THE LICENSING PERIOD ENDING liAIIllTY' tNFOMIATtON cu. ;_ .. ~ lt-1 --. SSNo. 1 NEWTIIAOEN~ .. _:__ SIGNATURE C v() ~;._~ .L.c...;l v . r SS No.2. __ .FEIN __ ----- 1 CERTIFY THAT THERE ARE 1110 CHANGES TO MY ORIGINAL Af'I'LICATION EXCErT CHANGE OF MANAGER . TRADE NAME OR CORPORATE STRUCTURE . TOTAL FEE(S} --.--::-.J --~~7_.d ---'-----tiF THERE IS A CHANGE IN OWNERSHIP DO NOT USE THIS FORM . USE AN ORIGINAL APf't.ICATI0:\1 .1 MANAGER"S NAME IF APPLICANT IS A CORPORATION, FIll IN REVERSE SIDE . NAME AND DESCRIPTION OF LICENSE L_Iuu o" llt "''S c:u uRu ..; S L "--L J C Er:;~--=-;;ALT, SP 1R IT 'J IJ u::, CITY f.l~ p ;:, ... t :d _~~~~-E"'=. Do vou ..... '"--'-of me--for whiCh tllis -;c..;on for,_ is -1 --y•e Are the promioos -or ...,'-<11 Rent _ If rented. effect; .. • 011p;rotion dote ol '---1/l/?S • -ltl/.9-J tsappficantfsl or aU offiatr(sJ of'"-c:orporation, citizen(sJ or prerma,_,, residentfd of the United States of "'"-ic:a •nd eoeor.do7 __ y.._,_e~s=-- ls the ~licant . or any of the'*",."· or eny of the offtcen ,stockhokien or directors of uid IIPP'icent (If it it 1 COfPOr•ionl . or empk»y .. of any sudl, undtr the • of tW~~enty-one veers? Hils the -I kant, or eny of the .,...,.,., or ony of tilt offK:ers . nockholdtrs or d;roctors of uH:t -kant flf ;, is 1 -.tionl --c:on· wtc.d of • crime in the StMe of CoiOr"edo or elsewhere' v .. ------No .x__ If 10. nett full dote; Is -----______ _ v .. No X H• the ~icant, or any of the pertners. or any officer, d irector or stockholder of said applicant (If it is a corporation I I'Wir : (aJ bNn denied 1 license under this liquor lew? (b) had an alcoholic t.wrege li cense suspended or re110ked ? v .. _ .• No _.z._ X If the entwWr is yes, e~~:pJain fully (ettech •PMate shut, if neededL YOI No X __ _ Do you or_,., members of your fimily h~ 1 finenc .. l interest in Wly other liquor licente? (suctt financtat intwest to include .,., equity inbrwst Of kMnsJ . If rhe eniWer is yes, expl1in fully (attech ~ "'-'· •f neededl . Yes ::.:. : No Does .,., penon, firm or corporMion h.,. 1 fin.ncial internt, evidenc::m eithef by la.ns or -.uity ~ip in 1M butinea for which this licttnw is requested? If me .,~~liVer is Y•. stMe ,..,_ end -...... end MM»unt of IUCh finenciel ift....._ ex~ eirh&t' in dotlaN or otMr items of velue, such as inwntory , fumiture, f i •tu,. ~ -.uiprnent. Yes X No Lilt the nwnes end eddres:.s of ell busines.s in wh1ch My of the permns in lfte PNVious questiOn .. interest.t. *All stoc;L.paedged to Fern L. Davia l.m ..tu. Dn~g store .WL.efrchued. "If F-..er EmplOyers ldenufocttoon "'umber (FEIN I •• P<e1>r •ntod on the -lpiCI. p-check your -.11 to-ol you !~eve the- nu-. If you ...._ 1 dolf.-on1 number, correct lhe one -10 tfttt ''car._ w~h your rtco<ds. 11 non-_,. on the-"'*''· .,._.. f1ll •n w•m the FEIN vou hew on vour recOrds . • I • - • • • • • IF THE Alft.ICANT IS A CORPORATION,-1111. llol . lei. WI . lei -lfl. lol Orgono.zed undor me._ of theStoteoL __ ---~ll!Yif ... 6 __ -.. Dete .--;fn/5!) ---------- lb) Pfoncopol bu••neu ;, conducted ot. -~:r.-'1.,.. . .....,.. _ -----___ County oL ""ltr"li"n~!)~--· Stote of. "t;olo;---- (c) Date of f ili ng list onnuol CO<porote report to the seaetll"y of Stote ___ ~ __ -,-""'1:C? ~- N.me HomeAddr-'.I!IV ._ '(;fl<f · DoteofBirth Month. Dov . Yur l dl~"~"' ~~~~--~~~~~-r~-f.~~~~~~~~~~~~-----~-~1~.A7~=~~0~~r---,tno~~~~r7~~~~r-- v.,. p,... --rJ.-.i"~t:-itF-. r! f'nt:t7, 'ir.:-. --Tyrc"'~: r.~~_,.,-:---:--o:: -~I ' I -~ '"'·' I t L '.,, ' ""ol'\1"\'F.Iy • , .... , ,, . lC'eJ I h Of. ~er• fr<><~ (el (f) T•-· --1r-.~i._t,.,•~~"r-:,.;-t~n;;n;;-_----..:.o7"""''""""'<i<:"llr;._.,.lir Secr••v---~-------------r------- .. f'1:hf 1 ii€ !' Pi (I WJU Mo- NAME :;:, ... .,_ 'et• a or . i OOI .th!J ! .. •t nvcr '· HOME STREET NO . A CITY DATE OF BIRTH 1'. ,.. 1 , t !t. t~ t:on [ttf.. · .' -r-u .. · 'fi!WO"o"'•~----------.,,r~(~)-1/"~5~.~'-,.__ . 1,,. , • . .. L;st ••• s 1octthokt.-. owni"' or controllineeny of the capitef aoclt of the c:orpot'•ti on. l lnciude ectuel owner or~.) U. ...., •• ...._ if...._., NAME HOME STREET NO .• CITY S~~~~..O:o OFD:.~~H .~ t."n ··• ..,, u . ou 51'1Q1 "• i P rt ,J .ttttet.,o""nr---~11",~"";--------.,..,.~_--1', -:,.~--.,,.cr '• ~-1:.8Al"ti"'Uid'i ?<'Qc; ~. ,.,"" • .:n,.le~~ ,a • 4TM fOiklw•"l -"....,.. to De ........ and liCk......., by tndiYiduetiMd-*'...,.., of ...,,...... and bv eor.or.tiof'l.) STATE OF COLORADO Co..ntv"' e,p,..,,.hee l·· ___ _ ~ 8 '8 ~1 """fllitll· -· J Pe beMiby metirll duty ...orn. if tor ........,.,....,atw:t-..: tNt M • the_....,., abo• ,.,..; or lhlt he" P.-r.. ~--.. , of the ~Dow....,.. corporation. thlt he ... ,_. the toreeo-,.._.ic:Mion ...t..., ._ k~ the contenn m.reot . ...:1 1hM ell nwn.rs end ""'"-...-n ... tor1h •• true of hil own k~ .,.. he ..,.. to c::onfor"' to ... ,.... Md ,...._.,.. promu ... t«< by ttw State ~ ot A~ '" connection "'••ith . SUblcf.,_. end ..orn to before me mis .2. J...j ctov of ~ ,19# ~~~ ~~~~ -~F. .... -~v Co~n ExpiraJ.II.IIII ~ ot ~ Siln .... , .. 9Q~), ---------------------------------~ ~~ REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY IMonul.ctu<en. Whollsllen, Importers ond Public Tro~ion System~ dilr-d this sec:tionl The tO..._oine egpll~tOn "-~ .. .,..,,... end the PNml-. busi,_ conducted end cherec:ter of the eppejc.nt is ut•tfac:Torv . and oNe do repnrt m.,_ •u c:h hcen.e, if 11"-"ted, w•ll m..-t tn. ,__.,neb .. requ~rem.,..ts of ttw neighborhood •nd the deair• of the •nhebit8nts, and compU• wim the P'"OV,.•On of An icte •1 . T1t6e 12, C R.S. Ut73. c emen.Hd . T HER EFO RE TH IS APPLICATION 15 HEREBY APPROVED. DATED A Tr _____________ THIS------------OA Y OF ----------------· A .D . 19'---------------- (NAME O FTOWN ,CITYORCOUNTY} ____________________________________________________________________________ _ (MAYOR OR CHAIRMAN OF BOARD OF COUNTY COMMISSIONE.AS OA OTHER TITLE OF LICENSING AUTHOAITY.t ATTEST : ICLEAK OR SECRETARY OR OTH£R OFFICER HAVING THE OFFICIAL KAL OF THE LIC~ING AUTHORITY.) Clf tfte prem•ws ••• louted w ith•n a town or c.lty, ,,.. aDO• • ...,..0.,.1 ~ .. .,._. Dy tN .,...yor _. cterk,lf ifla county,"'-' ltW tM Cfteir_. of,,_ 1110ert1 of courtly commiUionen ana IN aert.: to tN oo.ttl. If, Dy CWOiNnce Of ot,_._.., tM 60Caf ~ autftorlty t1 ..._ othef otticiel, ,.._. IUdl ....,._. .._.. M .-n by ,uc:r. ott•c-.q NOT ICE TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME, IT IS IMPORTANT TttAT THIS DOCUMENT. WITH YOUR STATE FEE REMITTANCE , BE AT THE COLORADO DEPARTMENT OF REVENUE, STATE CAPITOL ANNEX BUILDING, 1375 SHERMAN STREET, DENVER, NO LATER THAN THIRTY 1301 DAYS PRIOR TO THE EXPIRATION DATE OF YOUR LICENSE . THIS DOCUMENT MUST .BE IN THE HANDS OF THE LOCAL LICENSING AUTHOR lTV AT LEAST FORTY ·FIVE 1461 DAYS PRIOR TO THE EXPIRATION OF THE LICENSE . • I • - • • ' • -..... -·-· ···--. ·-··-· •.. · • • • ~I"' I r. VI .... V.Vft"'UV DEPARTMENT OF REVENUE RENEWAL APPLICATION FOR IIALT, VINOUS 00 NOT _,,_IT£ IN l'"l tS SfiACf: MD SPIItiTUDUS UQUDR LICENIES LIQUOR ENFORCEMENT OFFICER 'S A CTION ....... o ..... O f lOC A l •<' .. ''""" .... , •• 0 . ,. ,. •I:UV""f 0 11 ... 0 S T &Tf C:< .. 'tTOl ....... ,. •l~ ... , ...... S' Of .. vt • COt.O aOM I (GET APPROVAL DF LOCAL LICtMSING AUTHOIIITY FIRST) ~EA ,~T ·~~~~~l I ~ Su U Th f 1 ,_ 3 ~.=~5 -> ~.u .. t ."J E '~l>L ~ "'~ LJ '-'-' 11-5 7f>_, ~' ll U APPROV ED DISAPPRO V ED ------ra;f-f-IC£tii 'S5 •Gtr~~"'l17111T ---- -.oRTANT SEE INSTRUCTIONS ON THE REVERSE SIDE . MAKE CHECK OR MONEY O R DER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE . RENEWAL A .. LICATION FOR LIQUOR LICENSE FQA THE LICENSING .. ERIOD ENDING ---. TOTAL FEE(SI f-USE ACC~T flll~tlt JOR ~ LI AIIUT'I' tNFO-·TIOfil J AU AHEAONC£ ~· ''" 0 -~""'' J•-1 --- J.l-it576 <:_ hl Ouo :> ... .1.3 l l :USu -~~~..:d SS No.1 __ __ SS No.2. _ •FEIN _ 4-_Q(l0l5 o ~ I CERTIFY THAT THERE ARE NO CHANGES TO MY OIUGINAl. Afft.ICATION EXCEPT CHANGE OF MANAGER . TRAOE NAME 011 CORPORATE STRUCTURE . NEWTRAOENAIIE SIGNATURE ....__ (IF THERE IS A CHANGE IN OWNERSHIP DO NOT USE THIS FORM . USE AN ORIGINAL APPLICATION .I MANAGER'S NAME Jerry Sturm IF APPLICANT IS A CORPORATION , FILL IN REVERSE SIDE . ---NAME AND DESCRIPTION OF LICENSE hUH:l .:..~v r.f.:.l:.lX<A .H Li •"Ut h. dC l l'~- Do you hew logol-""' of tht ......, ... for which this -loutoon for 1-is -7 ~ Are,.,."" ....... -or rwnted7 rented " rented , effoni .. • • .....,;...,-"'-_7_l.-;;2:.4~/"'7"o.----7/'24L8 4 ___ _ 11 •JIPiicantlol or •II office< lsi of me CX>ri>OO'•t •on . citianlol or ~>ermeNnt raOiontlol of mo United s-of Amoric:lo-~1 _v._,e,S:_ __ _ 11 ,.,. -lant, or ..,v of,.,. .-(H"sflv ;;~'Sfiers· ;·~~'r ~ft'an~ Uf n is • _.....,,_ or emplov-of •nv ouch , under the-. of •-n•v<>ne ,.. ... 1 eill~l~es, roo8 .. wa~ trM!_eS X No Hes the applicllnt , 01 eny of the pertnen. or M1V of me offtcen. stockholden or d irecton of •id IPPhcant Clf it il • corparationt ewr a-n con- vo icted of • crime'" the State of Coloredo or e lsewhere' V• X No ---- 11 so .... ,. fu ll det•its _see Ap~ndix A .._the IIPPI•cent. or any of the pertoers, or eny offtcer . d irector o r st ockh~der of said applic.nt Hf 11 11 • cOf'P(Wation, ewr : Ca) bMn denied • license under th1s hquor law? v .. (b) hed an elcohohc: bewrege license sus~ded or revolited? Yn If the enwver ''yes, explein fully (attach seperate sheet , tf neededl. No _X. __ No X 0o you or any members of your firmly h.-e • f i'*'C .. I interHt i n any other liquor licen•? (such finenciel in~ to '{s~ .Z.npendix B) 8nV ~uoty onterftt or lo8nol . If me..,_" yeo ... pl•in fully (.n.:h _.,. -•. if needed). Yn X _.. Does .,Y penon, f irm or corpG(•ion h.,. • f•n.-.c .. l tntenst, evidenc.:l eithef by toena or .. u1ty ownanhip in 1M bulinea for wtuch this licen• is reQuested ? If the .,...,., '' yes, n.te nanea end ......_. end anount of tudt f inenci• 'twlfe bpretllid ••ther in d_,.'-s or other items of vetue, suches inventory, furn iture, f i•tu,. end -.u.ipment. Yn X L•lt the naonn end .cidf'ltUH of.,, bustneues '" whtch anv of the penom in lhe pnwioua question ere •nterlllted . Appendix C) No See ~~ndix C 8 UltnHI -Address •If Federel Emploven ldenttftC IIt ton Number CFEIN ) '' pre..prtnted '" tt'te ~ sprM:e, p6elw check your records: to see •f you hewre the urne number If you heve 11 d •tferent number, correct the one ebove 50 th11t tt cOrresponds wtth your rtiCOrdl. If no number ....-.n '"the .t»ow IPICe, plene f tlltn w uh the FEIN vou .,_.ve on vour recOrds • I • • - • • • • • IF THE APPLICANT IS A CORPORATION, ~dt~cl. ldl, 1•1-lfl . April 27 1970 lol Orgonized under the 1-of the Stms= S -11Gr0n-------.. Dote .--A:ra~-------Colorado (b) Pr incipol business is conducted at . ______ ~ ___ •• _____ -Api'f'fV b, .. -------., Stote of.----___ --. (c) Date of fil•ng lut annual corpor1te report to the Secret•v of State ___________ --_- Name HomeAddress Coty DoteofB orth (d) Pffttd~t .Iez::cy G Stnz::m :UH s. Ecplaz:: ilia~ Denver Month, Dov , Yeor 12/31/36 V11:ePra. TrHSUref Stel~:e l!appas :3322 s lllagDolia St Depver Secret•nl ~;~: ~~pg~~z::m :3322 s Magnolia St Denver Mo....,.. . 4)24 s l:!cpl az:: Wa~ Denver 7 /) 5133 DIRECTORS · LISt •II Ow-ect or~ (at l•st 3 ere requfr.t by l.MN) lei NAME HOME STREET N0 .6 CITY DATE OF BIRTH Jerry G. Sturm 4174 S. Poplar Way,Denver 12/31/36 Cindy Roberts 3139 Farmdale, Enalewood 10/21/56 111 Steve l;!appas 3322 S. Magnolia St •• Denver 7/15/33 L.ilt •llstOcllhotders owning or conuolling anv of the capite! stock of the corporation . (lnch..ae ectvel owner or~.) U. _.... •• .,.._. if,..,_._ NAME HOME STAEET NO . & CITY PEfiiiCENT Of" DATE Jerry G. Sturm Steve Pappas STOC~ gw'IIE.P l qF. ~1\"t.K. Poplar Way,Denver ~Q.LU% 2t3Lt~~ Magnoha St. ,llePver 33.90\ -~7r;nrns!'"JT'3ro3r--- u:rchasin 123. of 300 shares of stOCk from STATE OF COLORAOO coun1v ot Sl~ My.,)'L> 1·-..S rc .. t A;c?awt and • ...._by me tim duty ....,...n, ff tot h..,... . ....,._ and -va: tNt he • tfte ._.-*" lllbow ....-: Of tNt he 11 Cc d' eD(;x, cf tttellbow: nMNd CCM"'IICQtiOf'l ;thlt hehal:r ... "'-f.,...,. ...... cet10naNI ttwt hek~ tM contents ••eof, and tftat all """•' and '"'""' .....,.." w 'fontl •• true of h• own tc~ and he ..,..... to conform to all'"'''-end ,...,._,IOnl ~omu ... ted by ttw State o.-rtment of R...-.ue '" conneet.on ther...,m.. SubiCfibed aNt ~WDtn to before me . 19"\~ NOT J. ICII'«a. STATE~ My~~ ~-'--- lndivtduel& and all ~~ of l*'tntr"'hio mu.t tipNre: Off~ of Corporation s;..,._., T"l'fC ,.1!:4 ...... r ,&, oe"' «I (CORPORATE SEAL) ,' ... (!. REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (Manufocturers, Wholesolers. Importers •nd Public Tronsporution Systems dosr-d this section) The forego1ng appl:catton h• tMen ••amined and the premises, bus•ne. conducted and c:ttaractel" of the apph cant is ut •sfact orv . and wa do r.,on that suc'h licen•, if granted, w ill rn~ the , • .,ne .. req\ur.-n~u of the ~i ghbortlood and the dn.rn of the i nhabi Uint.s, and complift wiTh the provis•on of An icNI .. 7 . Titla 12, C ..... S 1Q73, M a,.._nded T HERE FORE THIS APPLICATION IS HEREBY APPROV£0 . OAT EO A T.:._ ______ THIS-------OAV OF---------· A .D . 19'--------- (NAME OFTOWN,CtTYORCOUNTY) ______________________________________ _ (MAYOR OR CHAIRMAN Of BOARD OF COUNTY COMMISSIONERS OR OTHER TITLE Of LICENSING AUTHORITY.) ATTEST : (CLERK OR SECRETARY OR OTHER OFFICER HAVING THE OFFICIAL SEAL Of THE LICENSING AUTHORITY.) (If the DtemrtoH ••• touted wrthrn • town Of oty, the •bOwe •~ov•t ..,o....., be" .... by t ... meyor _,.. C1M'tl.lf In • county, then by tM ~'"*' o.-,,.. MM"d of C.O -~·v commta•onen efta tM defk to the eto.rd. If, by Ot"eiNnoe Ot ot...,.,._, t ... tocet 1~"1 eut"«Witr ts tome..._ ott.c:6at, tMn aud\ ...,o•t•fto&M.,. v •n.n Dy ·~ ott.cWtl ) • 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 EXPI..-...TION.OATE OF YOUR LICENSE . T+iiS DOCUMENT MUST BE IN THE HANDS OF THE LOCAL LICEI•SING AUTHC)R lTV AT LEAST FORTY -FIVE (451 DAVS PR lOR TO THF FVPI A A Tlt'W nc: T .. c: o ,,..c;.,.,c: I • - - • • I • • • APPENDIX "A" TO STATE OF COLORADO DEPARTMENT OF REVENU:E. LIQUOR LICENSE APPLICATION ADDENDUM A. Jerry G. Sturm was convicted of larceny in Indiana in about the year 1955. Subsequent to that date he has received a full pardon from the Governor of Indiana. B. Steve Pappas was convicted in the State of Colorado for robbery and narcotics violations in about the years 1959 to 1960. t-tr. Pappas received a full pardon by Governor John Love in approximately 1968 • I • • - - • I I • • • APPENDIX "B" TO STATE OF COLORADO DEPARTMENT OF REVENUE LIQUOR LICENSE APPLICATION ADDENDUM Jerry G. Sturm is the owner of 50% of the issued and outstanding stock of The Southmoor, Ltd., a Colorado corporation, doing business as the Southmoor at 7180 E. Hampden Avenue, Denver, Colorado. This interest was acquired on or about August 25, 1977. Marilyn Pappas, spouse of Steve Pappas. is the owner of 40% of the issued and outstanding capital stock of the Southmoor, Ltd., a Colorado corporation, which is the holder of a Hotel and Res- taurant Liquor License at 7180 East Hampden Avenue, Denver, Col- which is the holder of a Hotel and Restaurant Liquor License orado. This interest was acquired on or about August 25, 1977; and is the 50% owner of the issued and outstanding capital stock of the A A Amusement and Music, Inc., a Colorado corporation, at 1121 South Peoria, Aurora, Colorado. • I . - - • • • • APPENDIX "C" TO SUPPLEMENTAL FORM FOR CORPORATE APPLICANTS $21,750.00, Kenneth Brooks, 630 East 6th Avenue, Denver, Colorado, printing company debt incurred on April 25, 1978, secured by 15 shares of stock in the Peanut Barrel, Inc. $21,750.00, Cecil. Busch, 630 East 6th Avenue, Denver, Colorado, printing company debt incurred on April 25, 1978, secured by 15 shares of stock in Peanut Barrel, Inc. Approximately $100,000.00, George Pappas, 3601 South Spruce Street, Denver, Colorado, incurred on February 6, 1978, secured by 123 shares of stock in the Peanut Barrel, Inc. This debt and security represent the transaction referred to in ~1e second part of Paragraph (f), whereby the corporation is presently purchasing 123 shares of its own stock from George Pappas. Mr. Pappas is the owner or majority shareholder in a company known as 5670 Inc., located at 2120 S. Holly, Denver, Colorado. General business of restaurant and lounge. I . - • • • • • STATE OF COLORADO DEPARTMENT OF REVENUE RENEWAL APPLICATION FOR MALT, VINOUS AND SPIRITUOUS LIQUOR UCEN1ES (GU APPRovAL Of lOCAL 1JCEHS1NG AU1'H0111TY FIIST) LIQUOR ENFORCEMENT OFFICER 'S ACTION .... ,.,.,.. ... ~ o· •'""''"urr t1I<,•.f ••S L ._1...-:Ei\i L ..; 4 t1>\N 0. .J ';tu' f J .• SU P,{E:1 [ U ,.lJUkS 511 2 S ,)nAY cNul Ewu .) L J APPROVED DISAPPRO VE D -.oRTANT SEE INSTRUCTIONS ON THE REVERSE SIDE . MAKE CHECK OR MONE Y ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE RENEWAL APP'LICATtON FOR LIQUOR LICENSE fOfll THE LICENSING PERIOD ENDI NG f--Ul£ ACCOUt.iT IIIIJIIIeE .. FOR li411LI T V tfllf'O.......,T I()frt,j TOTAL FEE(S J •LL OHE .. ENC( _,_, • "._ ·~ 1 •~~,~ ll-Z2~1 1 " 1-Jt-l ll :; J L~lo 9 12 3 180 .J -~~17·>~ SS No. 1 SS No .2 . _'FEIN _ __9__t _052 9 55 it I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGIIIIAL AI'Pt.ICATION EXCEI'T CHANGE OF MANAGER. TRADE NAME OR CORI'ORATE STRUCTURE . SIGNATURE (IF THERE IS A CHANGE IN OWNERSHIP DO NOT USE THIS FORM . USE AN ORIGINAL APPLICATION .) MANAGE A 'S"NAME l TYPE IF APPLICANT IS A CORPORATION , FILL IN R EVERSE SID E . NAME AND DESCRIPTION OF LICENSE RETAil L l •,·JL > S TG K :: 1~, :•.;£ -1'4.H 1, 'd t.L US , li Nt) SPIRIT u ... .!;:, :.J LITY i:.:> ,> . ,_,_,; r GA P l-et. ---- Is -ocant (s l "'-'' affocarfsl of tfto -. .. on . d t •-(sl "',_._ rw-.t(sl of mo u...-s-of-..,.._ ~1 -~'/~t&._s.._ __ Is..,.-'"'""'· or ..,V of tfto _....,., or..,v of tho off"*'. nockhoJden 01 ,;;....,on of oool _..,..., (If;, 11 o __..,ionl. --~-;-No _.l(__ Has the -locant. or onv of the """"""· o• onv of the off"'"''· stoc«holders o• d i<ecton of ooid -IM:ant (If It ;, o --.~-boen ._. ·~ of o "''""' •n tfto s..,. of Coi<Qdo 01 e l-hf:<e 1 Y• ___ No .1\ Yes If 10, •"-te fu U detaifs ----- Has the -'tCOnt. 0< any of the 1>0nners. o• on v offtc:e<, d"ectO<"' stoctcn-of sool _,_,(If'' 11 o ~tionl-: fb ) h.a •n e lc·oholtc beWt"9 license suspended or revoked? Yos Yes If the en-.er is ves, expJ.;n fully (•ttach MPIIrate sheet, if needed). Do vou o• onv-. of vou• f-•lv h-• ftnonctal '"'"'"' '" onv o-tq-1-7 (IUCII f i-1 in-to include -"V eQYtty interest or kMnsL If ttw .,._.,is ves. e•p,..n fuUv fM!a:t1...,_..... .,_,,if ne•~~~cn . Yes o-onv -· fifm .,. -·-have • f •nonctat '"'"'-· evidence<~ ··-by -.or OQuifv --ip in.._-- too whodl th11 Iicon• II --•H If tfto on-" ves , lhte ----ond -.nt of 1UC11 f inonc:iot in- .. .,..._. e ither ;" dot'-s or Other items of v•lue, such • trtventory, fum~re . fixturw ~ equ•pmeot. Yes Lise..,.-ond--of Oil b...,_ ;n wh..:h onv of tho__,"' in tfto ,..., ..... q._ion-in..,.osted. No No ~- No )( No X Nome a.,._.. "'-- "If F-•al Emp!oyen ldent •focot•on Numt>e< IFE IN I '' t>•e-p..,nted tn the ...... ._,., t>leese checl< vou• •KO<ds to-tf vou "-e the- n-If vou heoe • d tffet-ont numDe•. COHect I he one above so ...., ''cor._ wnft you, -do. If non--.'" tfto--. • .,..._ f1ll '" .. ,m the FE IN vou haw on vour records • • 2 I • - - • • • • • IF THE Al'l'l.ICANT IS A COflf'ORATION. -1a1. (bl, lei. ldl. lei-(fl. (ol Orgono.zed u.-the Low of the Sute of _______ ----_______ .. Dote . ________ --_---_____ _ (b) PnnctJN1 bus1nHS" co~ ~t_ ____________ -----___ County oL ___ --------·State of_ _________ _ (cl Dote of follf'!llost onnuol CO<poute report to the Secreury of Sute _____ ---------. Nome Home Addrns Coty Dote of Borth Month, Do y, Yeor (d) ..... _,,------------- {e) V~P'~·------------ Trenuret ------------- Soa~V------------- Mo~------------ DIRECTORS · Lrtt all 0 ..-ecton !at leut 3 are r-.und by Uwl NAME HOME STREET NO .• C ITY OA TE OF BIRTH (The fo46ow•ne atfdawrt to b&>....., and-*~ by lftd•IJI'Idulltl aNf .ct1 menD~~' of paruw...., end by Corpor•10n.l STATE Of' COLORADO l•· / 4_7;'~. ·~-"-'-"·"·-·----N·-----• Of he "' ~ ~ ~ _ of Ute llbo c::orpoqteon , tMt he hn r..:t the for!IICN .. appiiiCIIttOn and that he knows n.e cont.nts thereof . ...::1 tt\81: ~IT 1~ters and th•,.s tt..r"etn w forth are true of h• own know'-'le and he ..,-ees to confOJm toaflfl.t&el...:l '-IU .. tiOM pomulpted by the St•t• o..r-tment of Rewenue '" connK:t.on m.-·..,ith . SYlKcribed and IWOrn to before me (CORPORATE SEALl My CUM 'TI IUiOn t!IIIPifft-------------------" •-----------,--------------( ...... ..,.1 Of Seaeta4'y) REPORT AND APPROVAL Of LOCAL LICENSING AUTHORITY (Monufocturers. Who-ler•. 1_. ~PubliC Tronsportotion Sy<temi dosr-d ttoi& oec:tion) The for...,tng appljcatiOn h• oe.n ••~•ned end the premt ... , bus1neu c onducted •nd c:nar•cter of the apphc•nt •• ..,I!Jf•ct~V •nd we do r~rt t:n.t such hc.n•. 1f r•nted. w•ll m.., the r .. .,nab&e r«fulr.-nents of the neighbof't\ood and the detilr" of tne 1nhabtt.8nts, •nd c omphM w1th the proviSIOn of Art1cl• 47 . T 1t le 12. C .R .S 111)73, •~ e mended THEREf"O R£ T H IS APPLICA TION IS HERES'V APPRO VED O AT ED A T _______ THIS-------DAY O f'---------· A.D . 19'--------- (N~ME O FT O WN ,CITVO A COUNTY )I ____________________________________________________________________________ _ (MAYO R O R CHAIRMAN Of SOARD OF COUNTY COMMISSIONERS OR OTHER TITLE OF LICENSING AUTHORITY.) ATTEST : CCL£RK OR SECRETARY OR OTHER OFF ICER HAVING THE OFFICIAL SEAL. OF TH£ L.ICENSING AUTHORITY.) (If the prem• .. , .,. loutM ••tn•n • town or city, the abOw •pprov•t sttou'e ... Sienecl Dy tne rY\8\'0f .,_. ct~erk , If In • countlf, tNft ltW ttw ~"'*' ot ,._ DcNrd of co.anty comm.Hionen ana the derk to uw OO..GI. If, b,. Of dl ~noe or ot.._wtt., tM ioc8f ~~ .. ar.ttttori ty K so ... otftet oHic. .... ,.._ ~ ....,..,_, t.ftOuttl De frl .n D lf tueh ottu::t•l.l NOTICE TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME, IT IS IMPORTANT Tt+AT 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 . ,UTHORITY AT LEAST FORTY·FIVE 1451 DAYS PRIOR TO THE FXPIAATION OF THF I lrFN!;F • t I • - • • ( ( ... DRJ.. oi02 (REV. 10178) I , • • • STATE OF COLORADO DEPARTMENT OF IEYENUE ~ ~ RENEWAl. APPI.JCATJON FOR IIALT, VIllOUS MDSNIJUDUs ~ L1CB11D DO firiiOT WfllttTE I N Tio4tS SII'ACE (GET APPIIOVAl. Of LOCAL IJo~ MITHDIIfTY NIT) LIQUOR ENFORCEMENT OFFICER ·s ACTION .. -.-o~·· OOLOC.A j. LOCI ..... """ ...,.-···~~ •t.OI.o••t g St .. O ro COLO•&DO CLA r.l\ l ~· lA .~At: T HUr< (..l!R l:IJ ll UU£J.< . .> 5~~J S ~iL f~A l d lV J c l ~(,l c wl" · ,; i..L APPRO VE D OISAPPAOVEO "Ll lJ ----.,,_riC(IIii'JSIGN&"'l'tnir'---- ~TANT SEE INSTRUCTIOIIIS ON THE REVERSE SIDE. MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE . RENEWAL AP'PUCA.TION FOft LIQUOR LICENSE FOR THE LICENSING ~RIOO ENDING t SS No.1 NEW TRADE.._ IIC*ATURE li481LIT't' ffiiFONIU.TIOtW ~ -· ·~ ..... , ........... _" ·.'uo 5 ..:J. l •,j 1 2 7 S l l ~J l80 SS No.2. 'FEIN _ I CERTIFY THAT THERE ARE NO CHANGES TO IIY ORIGINAL AIPLICATION EXCEI'T CHANGE OF IIANAGER. TRADE N-OR ~TE STRUCTURE . ......_ __ TOTAL FEE(SI ----J --~~l_:_d IIF T'4ERF. IS A CHANGe IN OWNERSHIP DO NOT USE THIS FORM USE AN ORIGINAL APPLICATION .I MANAGER'S NAil£ IF AH'LICANT tS A COAP'ORATION. FILL IN REVERSE SIDE NAME AND DESCRIPTIOIII OF LICENSE STL.t c ll(. .'...it: -14 AL T, VII\LUS, A~J . -. RETAil U ':.Jt..': SP 1P.ll u ... u ~ FEE (..t rv !.>:> .>::t l,c••• OA.' r c. .. ' ~,.;;J3 --------~J _l~~-i[J Do--'-lol-of,... __ tor..,ocll lll•-'oc:ation tor 1-io-7 ~ ~· ---- A• ,... ___ cw _, .!?.."'!~?. 11 renl8d. etlectiwA • ....,..,on -of '-eo;,..., &..,c Zrt<-.. ~ 4te::.i tj"I:IL 1•-'iaontl•l cw oil oflico<l•l of the --.tion . cit•-1•1 or-. ••-•Ill of the Un-s.-of-.... -c..-1 ~-- ts tfte !lpplrcam, or any of the 1*1NrW. or .,v of ttt. officet~,nockholden or d;rectors of Nld IJIPPicant Uf " ila c::orpotMIOftl . or emp~o.,.. of onv "'""·undo< tho.,. of '"""'W~no vurs7 y 01 No ,.f __ Hes the applant, or eny of the saertn.n, or ,eny of the offteerl, nockhotden or dtrectOfl of uad IPPhcent Uf it • • corporwrioftl.., ....,_ ~~ Wtetad of. cnme '"me Sta1e of Coloredo Of e lsewhere ? v. No _r._ __ _ If 10, lUte full diuits Ha 1he eppl tcent , or any of the PMt'*"l, or eny offtcer . dtrector or stockho&der of utd ~Kant flf it rs a corporattOnlewr · No_}--__ No {" fbi hMII en alcohohc: bet~~er ... hcense 5U~Peftded or reW»ked7 If dM.,..., 11 Vft, eJtple.n fully (attach .....-ae sheet, 1f neededl. Do you or env members of your ,.,..,,Y .._,. • ft'*'C.., tnt41f'ftt in .ny orhef liqucw f~Cen~~? (wet~ financi81 .,....,.. ID incfude .,yooquotv"'-orl-.lftlle-,,-·••.X.Onfully(---.if~. Yn No Does any penon, firm or oorpor•on ._. • ftnenc.., •nteren, evidenced either by -.,.or equity ~i p in the bwi,.. for -ido "'" 1-io .._od7 If the-•• v•. -------nt of IUCh fi,.....lll ;,,.,_ .. ,._.. ••!her in dotlers or ottaer ir.ns of value, tuctl • inwntofy, furniture. fiwtuNI Md .. .,.Pft*'lt. Yes ,.,..r No L•• ~--.._ofiiii-...... Y!-'"'"~.lofthe......,.. i~tlle ---•n.., .. od . . A • &/<4-"A J . ~"7/Jo C/"e!. '"',...<7../1¥7/~f'-· 'e"-t"~, /?ff'?~~?Ztt~·:l _ ./'~.11~-./!.~-s-r 1/-,.-:/;/'c,J )~337.7'6-~/,.-,,.. 6~ 4:/. • ., 1~)J!'rt": •If Fedt'r•t EmptoY.n.,_,....d.n,.t,cMton Number fW"~S Pt"e-p nntecJ m ..C... P'MM c:flllfck vour records to 1ft vou · ._,.. · ,. numt.r . If VOY n.ve • d•ffetent number. correct the one above so ttl•t '' corrftPC)nds wtth your records If no"""*-'"_....,'" the ~Dow-.-.. ~ fttl tn w •th the FEIN vou have on vour recOrds • • I • - - • • • • • IF THE APPUCAIIIT IS A COIIPORATIOfll,-'-1 . (Ill, Ccl, Coli , Cel-(fl . Col o....,,.zec~ u.-mo law of tn.Stote of ___ ---------------.• Dote ._------------------- tb) PT tnct pal bus•nns '"conducted at_ ___________________ ... County of ____ -----_-·· St1te of_---___ --·_ (d Do•e of f oh nglnt """""' OC><pOO"ote repo<t to the Secretory of Stote ____ ----------- ~ Home Addrns Crtv Dote of B orth Month, Dov. Yeor l dl P reidenl -------------- lei (I) V~PrM . ____________ ___ Tr .. ....,.er --------------- ~~~¥··-------------- Mo------------------------- DIRECTORS Lm all Detector~ (at 1.-st 3 •• r-.uwed bv Ulw) NAME HOME STREET NO • CITY OA TE Of BIRTH LtSt •II stoc41;ho6ders owntng Of' controUine •nv o1 the c.pfUil ftOCk of the c:orporeti on. (Include ectu•l o.ner or P'm.-., U.. ..-rete aheet if needed. NAME HOME ST .. EET NO .• CITY S~~~~E~;No:D OFD:.:~H IThefol~•ngaffldlvit to be..,_.aftd lldt~ by indiwcluMI•nd .c:h ~of ....,.,,...... .. .,..bV Corpoqtion .• STATE Of COLORADO t •. Coumv of 4 P.. • _. { ~ 42_ ... ~ rt6e. ,.-2_ and 4 ~by mr1 firtt duty _,n, if for h'"'-lf, ~and ays; ttwt Mil :t::...icwtt ebow ,.,....: or that ne ~ :S~-~' of..,. __ _.....,, tN! ne ,..,oed tloetoo_.;,.-C:ot...,and tho! ho •- tfte com:enu thereof , and ,'!:::ners and ~tu"'l "'-t"ein set forth •e trYe of h• own k~ .net he..--to conform toallr"'-llfldr...,._.ioM pt"omu ... ted by the St.te Depwtment of Aewru,. •n conNCt;on ther.-rth . (CORPORATE SEAL.) Att.ct1 se:•l "• Com'"'"'"" .. p,.., di.J64 tl. I /98/ ·~----------~.~~-~--.-... -~~0~~-•• -.~,------------------ REPORT AND APPROVAL OF LOCAL LICENStNG AUTHORITY (Monufocturen. Wtloleuter., ,......,.,. ond Publoc: T ro._ut;on Systems ditr-d this sec:t;onl The foreeot~ appl:caton h• ~ ••em•ned .nd tM Prwn•-. bus•~ conducted ~ charactef of tM applicant it 5"ttst•ctor-v , •nd we do repott d\et •uctlll~. tf • ..-.ted, wtll m_.. t _he .--...,nab'-requ i r~s of the neitftborhood and t.twt dftlfe& of t"h• •nn.b1tant:$, and compl.-. w tth the Pt'Ov•••on of A"•c .. o&7 , Tttle 12. C .A .S . 1873, .. amended . TH£f<IEFORE THIS APPL.tCAliON IS HEREB Y A Pf.'\ROV£0 . OATEO A 11-------H·iiS,-------DAV OF---------· A.D. 19>--------- (NAM£0FTOWN ,CITVORCOVN1V) ____________________________________________________________________________ _ C ... AVOR OA CHAIRMAN OF BOARD OF COUNTY COUMISSIONEAS OA OTHER TITLE OF LIC£NSING AUTHOAITV.) ATTEST : (ct.LAK OR SECRETARV OA OTHER Of"FICER HAVING THE OFFICU'L KAL Of' THE LICENSING AUTHOR lTV.) (If the ..,.rmwl ••• I~ ••ttun • to.n or c.tr. tN .001111: • ...,o .. l -.a.,.. .. ..,_.~, ... "-YYf.,... dllrk, It In • ~Uftty, tften ltr ttte c:tYW"nteft et ,._ ._,.. M ~o -·n t~ com,.....onen .,_.. •• der• to tfte ~tl . tt, ov CHtltnen~~» or 01'-'.,...,...,. -..1 ~..,..._,,_.)I .o......., .. f i e~. ttlieft i4fC111 ~ tAouN M ~·•• ~r 6Ud\offtC:~I.I 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 ClOI 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 C461 DAYS PRIOR TO THF FXPIA&TION OF TWF 1 1rF-C: • I • - ( • • ' • • • OaL., I"EV . 10n81 STATE OF COLORADO ~I)C;:•I C!t ... ~ .. ...,._, ... •ta..-oM...o 10C.IN ot ...... ..,..., 0 oot H .. ~ St &•f C&'"''"' , ............ ,, Dl:lrO WI • COLO DEPARTMENT OF IEVENUE ltENlWAL APPLICATION FOR IIAI.T, VIllOUS AIID-.ruDUS ::= UCD11D (G(T -..cwAL.OF LOCAL ~JGAUT'HOIIITY fBT) Vfr.. ~N~LE•Lu~ PuST j~z ltl60 S JAS ON ST ENliL f:IILUI; LU ~TANT SEE INSTRUCTIONS ON THE REVERSE SIDE . 80HO LIQUOR ENFORCEMENT OFFICER 'S ACTION API'ROVEO DISAPPROVED -.r 1,,, •I ' ~ "']r ' /' j ' I L_2_ tnJ _u MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE. fiiiE'-1£WAL AP'PLICATION FOA LIQ_UQR LICENSE FOR THE LICENSING PERIOD ENDING --. TOTAL FEE(S} -, I SSNo. 1 SIGNATURE TYPE H tCOUW1• ' t ., Ll ~~ll.:T~ .._.F~A;•o:'.,..4..,~ ~ i lu .JJt. lU!d u Oe»ll7o j SS No.2. •FEIN I ll J1 ou I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATIOIII EXCEI'T CHANGE OF MANAGER. TRAOE IIIAME OR CORPORATE STRUCTURE . IfF THERE IS A CHANGE IN OnRSHIP r;; NOT USE THIS FORM . USE ~N ORIGINAL i'l'f'LICATION.J MANAGEA'SNAME ~--'f -J..c_ IF APIIUCANT IS A CO~ORATION , FILL IN EASE SIDE . 16.UE AND DESCRIPTI OF LICENSE I lll ... uu (.LUIS ll~utJI\ UCl:. .. )!:-MltlTo Vllli~.~U~o A'W )t>JrdrW-U) __ _ t . "TY 85 PEt<CE :o r OAf' FEf -· ____ -_"""it---_-__ _ State of Colorado Aclalovled&ed ~~us th~y of llon.Hr, 197 c-ty of Arapahoe d~m -~ llota~:ry:.:Pu;b;.\1111111111-:-= Do you-.... 1-of tile--lOt' wllodl thll -ICIIoon for hceow 11 ...-? )IZ2._~ ___ _ Are tho pr-;.o-0< --1 0 WV_, If rented. eHoo:tiwe 6 tocpKMion-of .... Is opplicontlsl or Ill olfice<lsl of tile cooporotoon. cito-lsl or per-nent '"identlsl of tile Uni1M 5uteo of "-K:o-~? _ye5_ __ _ Is me ._,licant, or M'IY af the l*'tnen. Of' eny of the officers . stockhokien or d irecton of uid -.MC..t Clf it it • corporetion~. ~· >(__· Has the eppfaQnt. or .,.Y of the pertnerJ, or eny of the officers, stockholders or d irectors of ued .,plcant (If it il • CGriiCW8tion) ....,._. CCII'I · y .. No vc:ted of • crune'" me Stete of ColorKto or elsnvhere ? Y• _ No -~ If so, IU!te full dluik H.-the epphcent, or 1ny of the pertners, or any offtcer. du·ector o r stockholder of Utd IJPPIM:8nt (If 1t is a corporation• ewer Cal beef'! denfed 1 IK:enM unc»r th is hquor taw ? (bl t\ad an ak:ohohc btwer ... licente IUipended or rewUd? Yes If tfte .,._.. •s v•. eapl8.n fully (attach tepllr"Me sheet, tf needed I. Oo you or env members of vour f-.n•ly hMte • ftnMC .. I 1nterest in eny odter liQuor te-n..? tad fi~ •n....._to include eny eQi&.uty ,,..,._ cw iaensJ If the..,_,., is yes, eaple•n fully (.rta::h __....lheet, If...._.,_ Yft Doe& ~ pef'IDn, firm or eotpor•tOn n.,. a ftn.nc ... •nter.st, evidenc«f e;ttwr by 6oMt cw eQurty .,.,..,...ip in IN bwiNII tot .,..eft ttus licente t1 reQUftltld? If the .,....,., is yft, nate ,.... .-ct ...,._ -"' emount of IUCh finMci• iftterett .. ,.,..., ...._, '" dofl8r1 or otMr ttems of 'tefue, such • inventory, fumiturw, fi•tu•• 8'd equipment. Yes l•• the rwnes and -*1.-s of .. , bus•nesws '" whtch .,.Y of the penonstn dMIJI'WVIOUI queston .. •nternted . No _6.,_, No "' No " N" "' N-Bus_.. --•If Fedll'ral EmcMO¥etl ldrnttftQtton Number (FEIN I IS pre-pr1nted m thellbowe .,..ce • .,._.check vour record~ to .. tf vou haw the..,.. number If you t\alve 1 d t ff~rent m~mber , co rrect t he one 1bove s.o that •t carf'ftPC)nds wf1h vour recOrds If no number......,. tn the ~!bow scaece . ......, fill 1n w •th 1fte FE IN vou have on vour reconfl ·--------------------------------------------- • I • -• • • IF THE APPLICANT II A CORPORATION,-lal . Uti, lei. WI . 1•1-Ill. (o) Orpnozed u.-the law of the Stote of_ ______ -----------.• Dote._------------------- (b l Pr onci po l bu"ne" "conducted ot _____________________ County of ____ --------· Stole of_---------_ (c) Dote ollili"'l lftt onnuol corponte repon to the Secretory of Sute __________ ---_ . H..... Home Addrns Coty Dote of Binh • J/.-_ 7 Month, Doy, Y11r ~;-'i J.-'7 "> p~·~ ~l.dn:;:..:..::~~~kC..C:::.....C..;=' :-----s t:i...v ·. :i~~u ; At;fL:::JA j(Y ~ Rt . '=tQA+-... -·· • ~ora~ :.....~,k-4 · ~-k'~ DIRECTORS · Lest all DtrectOf• lit lent 3 ere r~ired b¥ law) (el NAME HOME STREET NO. a CI TY DATE OF BI RTH I ll Lr5t 1 11 5toc.-.hokier• ow n ine or controlli ng anv of the cephal etodc of the corporation . (lncllolde ectual owner or ~-l U.. _.,.,"'-it needelll. NAME HOME STREET NO. & CITY S;~~~E.;:;..o:o OFD:.~~H STATE OF COLORADO .., eo.."'·"''-......!:~~>F===·"--'----------Ir ~..:......-~...::.::·{.=------=---..... ....,..,._, ... __ ·_"" ____ ,_ ... _ .... ___ ,._._, oottwthe• fh.,ee...,.---....... ____ , ___ ,_. .... .....__ ....... ___ ........ ttte CO"'-"" ,._,..,.. . ..!f thM ~~~~ and th,.. tt.etn Mt fDf"'ft •• ,, ... oA hil '*"' k,.,...... end ._ ..,.. to C\Oftform to .. ,.,._.,... rt~UMioN promu••~ by ,._ , .. ,. o-nmem of Rewnue rn co~ion ..,_.,., ........... llftd.ll~ot .-1 ......... fftUIIIitft ...... 5 lh .. _ _;::;_ ______ ...,.. of .) Mv Coor.m'"'"'' oap,.., _ _.:~~'/~(LJJ.f:_....:;4->::::_....:_• -~.!.·...!y,~·I:_ _______ .,,_ __ ....:::::J;e,r::::..::==::~~-::"±'~~7='_,../..:,_ ________ _ REPORT AND APPROVAL OF LOCAL L (Monufacturen, Who-ter.. 1_..-.-Public Tr•........-ion Syotems d i.-....-d thi• MCtion) The (oreeotnl applicaton h• t.en eaamined end the P'*'"•-. bus•,.... c onducted end ch•reeter of the _,.,licent is uo•f•ctorv , and we do.._,.,..,."'-' ~~uett h cen•. if pented, w•ll tneet ttMI r-.oneb .. requirements of, ... neip.bor'ftood end the d"''" of the i nheb•&anh. end compl* .,~the prov,.ion of An tete •1 . T•tle 12, C .R .S . 1873, M .,nendecl. Tt·tt:~U: .. fOJ.l L THIS APPLICATION IS HEAE8Y APPROVED . OATC O Al_. -------THIS-------DA V OF---------· A .D . 19--------- (NAMC O~TOWN ,C!TYO RCOUNTV) ____________________________________________________________________________ _ (MAYOR OR CHAIRIIIIAN OF 80ARO OF COUNTY CO~t$5t0NERS OR OTHE.A TITLE OF L.IC .. NStNQ AUTHO.ITV.I ATTEST : (CLERK OR SECRETARY OR OTHI:A Of'FtCI: .. HAVING THE OF!I"IC IAL 5EAL OF THE LICE .. t ... AUTHOIIIITV.) (I t tt~ .,..,nt loft 111e louted ••thtn II town Or city, tM •ballle aOIM'OMI -.o~ M ...... ~tile Meyot .... ~.If in a COUfttV, ttMift n tN dleifftlleft Of ......... ef cu1ontv co n ·~onen Mttll ,,_ cterk to the eto.rd. If, lty Ofdtnanm Of ot...,.,.., ttte tecet ~ ........ ~ • • ._...., offic .... ''-"Midi..., ... ....,.. .. 9 1_,..l DY •w<1'o ff.c .. q NOTICE TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME, IT IS IMPORTANT TH-AT 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 • - • • \ • • • DR I. .002 (REV,>GnBI • STATE OF COLORADO DEPARTMENT OF REVENUE .. -oo.o ..... Of .. oca .< .... ~ .. "' .... , ,, ... •t o v •to st .. o Dt ...... , ....... , o· ,.,,., ... u, S~&t ( C..0."'/t0l ........ ,. ,.., S .. t•¥a,.S 1 ot ... vt• co.._o •oM• RENEWAL APPLICATION FOR IIIALT, VINOUS MD SPIRITUOUS LIQUOR UCENSO (GET APPROVAL OF LOCAL UCDISING AUTHORITY FIRST) l ~J rl .<!' _, I ; .t- lt i .. M ~'" ·•111 :!::, ,'.E ST~ L LU;;..,_ P 1: KA J. > 1 7 ENl>L I: ·,L.I . • c .:..· ~RTANT SEE INSTRUCTIONS ON THE REVERSE SIDE . 00 N OT WRIT[ I N THIS S•ACE LIQUOR ENFORCEMENT OFFICER 'S ACTION APPROVED DISAPPROVED Jrumlf]JJOO_~~JrOOD_~@@Wf MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE. RENEWAL A,.,.LICATION FO"' LIOUOA LICENSE FOR THE LICENSING PERIOD ENDING -----, TOTAL FEE(S) 12 3 18C_ t $ 3 ~-1 ~:~1 r Ll AIIl.lh' INJO'tMATtON ~~ 1 C•!• ~0...1 )1-j l. .......... ,;-D&lt U-o7ll5 SS No.1 SS No.2 __ .FEIN __ ----- 1 CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION EXCEPT CHANGE OF MANAGER. TRADE-OR CORPORATE STRUCTURE . NEWTIIAOENAIIF ~-d/J?£ :;;l$ ;;P,btC) l)~ 27'J6 S Bl<uA(..•AY SIGNATUR" .. :::)o{~ ~...-.-_ __ _ _ _ --·----- IIF TI+ERE IS A C GE NERSHIP DO NOT USE THIS FORM . USE AN ORIGINAL APPLICATION .I ~ 1 , .-,,.,~ Er4uLEwOCO (.C ~ MANAGER'SNAME /B;f;R/& .:Jdrv' 7/JyJ}')!JE.~JY/;~ • IF APPLICANT IS A CORPORATION, FILL IN REVERSE SlOE . < NAME AND DESCRIPTION OF LICENSE •'_r i.Jl c l ""::.;~ ~ '•. !-.> TAuRA iH l i..ll;r.;,. L 1 C L ~-' CIT1' G5 1-'.:., l.!:-i H C AP F-t:i: Do ___ ,_..... of...,.....,...., ~""''f" this-hco.,on for 1-il-7 __ ~ .. <: _ Are the prem;.s-or -••17 J{sn..Jtt:-,0,11 rented. eHoctivo a 011pi,.Uon-of-_ fo/ 'fl 74 II applicant II) Of all offic:er(ll of me corporetion , citizen~s) or permenent rfttdent(s} of ... United s..... of America ...ct Coloredo? 11 the epplant. or any of the pertners, or •nv of the officers, stockholden or d irecton of uid IJPIMK:Mt Uf it ill eorwxwetionL or employ .. of any sud\, under the -.e of twentv-one vears? v .. ________ No Has tt'teappltcant, or anv of the pennen, or •ny of the offtcers, stock.hokMn or d irector~ of uid tPPifcant ~If it is a COf'POf'Miotd ..,.been COft· vicud of a cnme in the State of Color.cto or elsewhere? ----_ Y'• ___ No ,_,/ If 10, state full -i ls H• the appl icant, or any of the p.trtnen. or anv officer. d irector or stockhotdar of said applicant (If it is a corporation I ever : (a) beef' denied • hcan• under th is liquor law? Yn (b) hed an •lcoholic btwrag. license suspended or revoked? Yes If the en.wr is yes, explain fully (atu.ch separete meet, 1f needed). Oo you or eny members of your fimily hate a finenc .. l interest .n any other liqucw liceMe? (a.ch fil\8nea.l intefe'lt to include eny eQt.utv interest or loan~. If the enwwer i1 yes. e~tpla•n fully (m.ch...,.... lheet, if nMdedl. Yes Does eny penon. fifm or corpor•ion hawe a f inanc&al tntHHt, evGenc:.d either by ktens or -.uitv ownenhip in the busiiWII tor which this licen• it ,.qunted? If the .,_., is yes, state ,_,.. end ...,_ end emount of such fiMnciel int.est: upretled either in dol'-s or other items of v .. ue. RJCh as inventory . fumitufe, fiatuNI ..-d equipment. Vel List the Mmfti end edd,..... of ell businesses in whtch any of the penons in 1M pN¥ioul ~ion .. interested . No No N~ Bus•---Adclr ... - No _V No ~ z.....--""' ~ •lf federel Employers ldtn11fteatlon Number fFEIN I t5 pre-t:H tnted •n the abow q~Ke, P'MM check your records to'" tf you h8w the ume number. If you have a dtfferent number , correct the one above so that •t corresponds wtth your records. If no number appean •n the abow ..-e. pteese ftlltn wtth the FEIN you have on your record5 . I • - • • • • • IF THE APPLICANT IS A CORPORATION,-Co).lbl, Ccl,ldl · Col-lfl. _ j _ q : (o) Organozed under the low of theStote of . c::7a.~~4-d.D--.. , Date ._/-.a_ ___ :i_ __ 2_ C --_;r /. j _ . lbl Pr in6pal business" oonducted a~J 7_9~ _ S. tJ_ ~~¥County ofL9~UD.£<State of~.4'..Zao (c) Date of f ili ng last annual corpmate report to the Secret•v of St•teL _ ~.: ..:2 -~-_-__ - N1me Home Address City Dlte of Birth Month, Day, Year tdt .... -.~ ~ ~dJ , Z93a S G"f h£.c. .ru:a.:L.e * 2.7-3'( ~:::.:~·m!f{iii;::::;,:Sd2 "' <kJdH ~ :-;.;~~::::-q;,~· ~~:t34~rJ~=====?~:::::-~.2~4~=-!'t~~: SeCfet•fV // /, ; '/' /I / / I' / ; .... .._SalliE· :Z~ f'lv.s,JiuZ! --'-'-------'--- lei HOME STREET NO .• CIT~ aa.1 ;79? $",4.-.r fj, .a) DATE OF BIRTH ¥ ,/9?-- (fl L;.,. all stoc.tl.ho•derl owning or c o ntrolling any of the capit•l nock of the COf'poration. (Incl ude ectuel owner or pl ..... .) U• -.:aerate~ it neectecl. NAME HOME STAEET NO •• CITY PEACE NT OF DATE STO/.CC~Oj"';N~..... ~o: ~'?" ·,'f ~ j ap,'t. ;-,.,_,.,,.,_) .t9~~ .S (.?,.4-c lh"'fll/!-~,.__ ... ~;..::0:._.,~,...~~ ... ,.__ __ -.... ::L-,..___...z., ....... ~~-07?-~- STATE OF COLORAOO County oil---'-lL."""'-":---~= .J'.<I!:!!Y...._~-----It• -;;;;, ,( ,' 1. Q ,0~,' ~ and ~~ , being by me first duly -.urn, it for himlel~-end uvs: thlt he • the~"*'' .t'lo-Nmed, Of tf'wt he IS ~ ~ of the -'>ow. nam.J COfl)(M'Ition; tfut ht hn r.ct the fOfetOi"' appiQt~ lnd tNt he kf'GWI the contents thereof , and tMt ~.i ''..::nen •nd thi"'' tt..rein wt forth are true of his own knowl«<gt end he agr-ees to conform to an rulel --.:1 ,..., .. ,.,.. ~omu9ted by the Stlte o..,.,trnent of Rev.nue tn connet:tion tht'f.whh . SubiCt"ibed •rd ll!t\Orn to befOfe me lndMctu.is end all~~ of per1nerlhip must litnW•: _ ···------------~.~~-~--.-~~~~ ... ~.-.• ~1--------------------- REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (Manufoct u•en. Wholesole<s, I"''JJf'te<• and Pubhc Tra..._ut•on Syotem~ d iw-d ttti•oectoonl The forego•ng epplicatM)n h• tMen •••n·u n_, •net the premi.es, busi,.. conducted and c:hlr.Ct• of the appl1t;ttnt '' uti sfactor\'', and we de ftlPQO' thlt 1~ hcen.., tf pent.a, w •ll m_, the, .. .,,.,,, requlf~ents of the ne~~ood and the des~res of the inhabitants, and c omplt" w •t h the provtslon of An tela 47 , T•tle 12, C .R .S . 1873, 1; emended 1 HERE FORE THIS APPLICATION IS HEREBY APPROVED . DATED ATI _____________ THIS-------------DAY OF------------------, A .D . 19----------------- (NAMEOFTOWN,CITVORCOUNTY) ____________________________________________________________________________ _ (MAYOR OR CH AIRMAN OF BOARD OF COUNTY COMMISSIONERS OR OTHER TITLE Otr L ·l CENSlHG: AUTHORITY •• ATTEST : (CLERK OR SECRETARY OR OTHER OFFICER HAVING THE OFFICIAL SEAL o,-THE L.IC£N$1NG AUTHORITY •• (If the prem•M1> a•e loc.tecl ••tn in a town OJ city, ttl• abolll!l APCM0\1111 t.houkl be .ewnec~ IIY t .. mayOJ •ne c*k,lt in 1 count If ,''*' ttw ttte ~"*' o1 , .. ....,. of coynty coml'ni"tonen .n4l the a.Jk to the 1MM1d. It, by otdinanot or othefwtle, the toc.al llc.nlint •..tftOt'rt, tt tom. otftef otfk~. tftreft ..,_ ....,o_. ~.,. •--" Dr' t.Uct'l QltiC.t lq • NOTICE TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME . IT IS IMPORTANT TH-AT 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 EXP,IRATION 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 I lr.FNSF I • - • • • I' C 0 U N C I L C 0 M M U N I C A T I 0 N DATE SUBJE'CT 11/9/79 AG7DCITEH Intergovernmental Personnel Action Request INITIATED BY Department of co-.unity Development ACT I ON PROPOSED Submit letter to Regional Administrator, Department of Housing an~ Urban Development (H.U.D.) in regards to an Intergovernmental Personnel Action (I.P.A.) assignment of a member of the Housing Production Staff to the City of Englewood to be assigned to the Community Development Department. INTRODUCTION: An Intergovernmental Personnel Action (I.P.A.) is a means by which a one-year contract may be entered into between two governmental entities for the purpose of sharing expertise and expanding the knowledge of both entities involved. ~ FINANCIAL DETAILS: The employee's salary is shared by both the Federal government (at a rate of 49\ of the present base salary) and the City which pays the remaining base salary. Fringe benefits are covered by the Federal government if this is stipulated in the contract. ThE employee then works full time with the City for a period of one year and would be super- vised by the Assistant Director of Community Development, Housing. BACKGROUND INFORMATION: In the attached letter the City is requesting the services of Mr. Bruce Roof who is presently o ~r representative from H.U.D. overseeing the development of the 100 unit elderly high-rise and the ten family units which will be under construction in 1980. Mr. Roof, along with his specific knowledge of this program, is familiar with all H.U.D. related Housing Production Programs along with various financing tools which may be available to the City. This expertise coupled with the work presently underway in the e Planning Division to assess the housing goals of the City will a Uow the City to develop a "blueprint" of direction for the future. This will benefit the City in many ways: • 1) Allow the City to be more selective in its application for Federally funded housing programs. 2) Assist the City in assessing the effect of new programs on the cities identified housing goals . 3) Deterllline availability of funding alternatives, both public and private, and assessing the positive and/or negative iapact of each upon City resources. • I • - • -2- , I • • • . . 4) Allow a means by which the City can assess present performance of its housing programs and pursue new areas objectively. Along with the above, Mr. Roof could assist the Downtown Development Authority in assessing financial alternatives for its programs. CONCLUSIONS AND RECOMMENDATIONS: This approach to dealing with Englewood's housing needs will give the City an indi- vidual with expertise in all aspects of housing production for a one-year period of time at extre.ely low costs to the City. Funds for staffing can be made available through the Coa.unity Development Block Grant Program (C.D.B.G.) that the City has already received thus having no financial impact on the general fund of the City. A one-year contract mean the City will not be faced with an ongoing full-time permanent position. HUD generally supports this concept because it allows their staff the opportunity to view its programs from a local perspective which, upon their return after completing the assignment, improve the a.ployee's understanding of the total housing production process. The City recoa.ends submitting the attached request to HUD for the purposes stated above. SUGGESTED ACTION: MOVED BY ______________________ __ SECOND ________________________ ___ YES _________ No ________ ~ABSENT ____________________________________ __ I • - - • • • • • City of Englewood • October 11, 1979 Ms. Betty Miller Regional Administrator U.S. Department of Housing and Urban Development 28th Floor, Executive Tower 1405 Curtis Street Denver, Colorado 80202 Dear Ms. Miller : 3400 S. E1811 Street Englewood, Colorado 80110 Phone (303) 761-1140 The City of Englewood would like to employ the services of a member of your Housing Production staff through an Intergovernmental Personnel Assignment or "IPA". Pursuant to the provisions of the Intergovernmental Personnel Act of 1970 and HUD Handbook 334.1 Rev., the City of Englewood requests Mr. Bruce Roof's services as our primary choice for a period of one year to commence on a mutually agreed to date. The City of Englewood is prepared to pay 51\ of the employee's salary for his current position. Other aspects of the assignment will be covered in the negotiations leading to an assignment agreement. Mr. Roof is presently working with Englewood as our Housing Production Repre- sentative and is familiar with existing conditions in our community. Although we would prefer Mr. Roof due to his present involvement with Englewood, we will agree to another qualified representative from the Housing Production Division based on compatibility with our needs and the individual's knowledge of production and planning design for Englewood. Mr. Roof's assignment in Englewood would be in the Housing Production Coordi- nator position of the City's Housing Division under the Community Development department. Attached is a description of the duties and qualifications of the position. Mr . Roof's main responsibilities would be for the development and implementation of a Public Housing Project OD-48-2 and assistance in designing appropriate programs for future development • Under its Community Development program, the City of Englewood is implementing programs designed to upgrade the housing stock and deal effectively with the problems of declining neighborhoods . The City has successfully implemented programs for the rehabilitation of houses in several neighborhood target areas. Along with Mr. Roof's r e sponsibil i ty for overseeing the development of Public Housing Project CQ-48-2 , h e would be actively involved in identifying programs, either rehabilitation or new cons truction, which lend themselves to Englewood's particular housing needs. This will mean working in conjunction with the City's Planning Division to identify proper programs in order to fulfill our housing needs for low and moderate inc ome persons. • I • - - • Ms . Betty Mi ller October 11, 1979 Page -2- I I • • • The problem Englewood faces with a low vacancy rate for rental units has become an issue in many cities throughout this region which effects our ability to implement a Section 8 Existing Program. Englewood has very little property available for new construction. Coupled with this we have experienced a tremendous decline in our elementary school population which, in part , seems to be due to a lack of available large family housing units in our community. The City intends to fulfill its obligations for decent, safe and sanitary housing but is presently questioning which types of programs are best suited to our situation. A comprehensive housing study, presently under way, will give us this information. We feel Mr. Roof's knowledge of housing production will assist us in finding proper solutions to our housing needs. The overall objectives of the assignment would be: 1) Increasing the assigned individual's knowledge and experience through direct involvement with the development and implemen- tation of housing programs on the local level, a concept that would be beneficial to HUD in understanding the overall housing situation faced by many smaller communities in the Region. 2) Provide the City of EngleWOod with the services of a highly trained person having the skills and abilities needed to implement new and complex housing programs. We would appreciate your attention to this request and will be happy to furnish you with any additional information you may need. Communications on this matter should be directed to Mike Reddy, Assistant Director of Community Development. Mr. Reddy can be reached at 761-1140, ext. 403. We look forward to your response to our request. Sincerely yours, Andrew J . McCown City Manager AJM:cla Attachment cc : Donald J. Dirksen, Director Office of Regional Housing I • - • • • • • • CITY OF ENGLEWOOD Housing Production Coordinator Under the direction of the Assistant Director of Community Development, Housing Division, is responsible for activities related to Public Housing New Construction and planning City's housing needs and possible solutions. --Will protect the interests of the Housing Authority through contract administration of new construction and rehabilitation housing projects. --Will see that the best building product is obtained while staying within the constraints of approved budgets. --Will assist the Planning Division in technical work with emphasis on practical application of proper programs based on data collected through a Comprehensive Housing Plan. --Will assist Administration in identifying and applying for funds related to identified housing needs. Duties: --Review architects' schematic design drawings, design development drawings and cost estimates, and make recommendations. --Review Contract Documents, make recommendations and conduct negotiations with Contractors toward obtaining contract amounts within approved budgets. --Meet with HUD, City agencies, and utility companies for the purpose of obtaining approvals and resolving problems. --Monitor the bidding of construction contracts, and conduct periodical progress meetings and site inspections with contractor and architect. --Prepare HUD construction budgets and progress reports. --Review change orders with respect to approved budgets, and verify that the amounts are justified. --Work with Planning Division to establish City-wide housing policy consistent with the Comprehensive Plan. --Assist Housing Planner in the development of specific programs designed to achieve goals of City-wide housing policy. --Assist Community Development Director in finding potential funding sources and bond financing for defined housing programs. --Work with and coordinate various housing industry professions, agencies and organizations involved in accomplishing the defined housing goals for the community . --Develop a management plan that allows for combined control of both the new highrise and existing facilities. --Assume other duties as assigned. • I • - • • • • • I. Job Requirements Education: Masters degree in Public or Business Administration or related field. --Specific understanding of the construction process for Public Housing --Ability to effectively communicate orally and in writing --Ability to motivate architects in design, as well as in contract administration --Ability to negotiate with developers and/or architects --Ability to use various sources of information (architects, material suppliers, utility ~ies, city agencies, etc.) for the purpose of making logical decisions --Considerable understanding of complex financing mechanisms --Ability to interpret Planning Division recommendations to implement Comprehensive Housing Plan II. Difficulty of Work Work assi~nts are intricate and widely varying in nature. Employee must have clear understanding of all steps associated with implementation of Section 8 and Public Housing New Construction techniques. In some cases, the employee must also exercise judgment and rely upon his/her ingenuity to determine solutions to problems and in developing new programs and procedures. Employee must have ability to comprehend overall housing situation and plot a specific course in defining workable solutions. III. Responsibility • The employee is expected to work independently with little direct superv1s1on and make re~ndations to the Assistant Director-Housing Division regarding his/her findings. Work assignments will fall into three major categories: A) Development of new construction housing projects in conjunction with the Englewood Housing Authority and the Housing Division. Bl Assistance to Planning Division in development of a Comprehensive Housing Plan for the City of Englewood. Upon completion of the plan a study shall be undertaken to identify existing and/or innovative programs which will allow for implementation of the Comprehensive Housing Plan. C) Assistance to the Department of COIIIIIIlllity Development in understanding and identifying complex financing techniques which could assist the community in implementing its housing goals • IV. Personal Relationships Work assignments involve preparing reports and periodically making presentations to governmental agencies, community organizations, other City staff, neighbor- hood groups, and the general public. The employee will be expected to present final recommendations to appropriate City administrators and/or elected officials upon completion of assignments . I • - • • • • • • The following is an outline of specific items which are being considered in the analysis of housing needs in Englewood. .?rom this base data the Plannin ~.' Department will identify information pertinent to a Comprehensive Housin~; Plan . DIRECTIONS IN HOUSING I. GOALS A. General (from Comprehensive Plan) B. Specific (from Comprehensive Planl II. CURRENT TRENDs IN POPULATION AND HOUSING STOCK. (Taken from data in Appendix A) • II I. CURRENT COMMITMENTs A. RHOP B. HAP c. COBG -Rehab D. S/8 -Existing and New E. Public Housing F. Code Enforcement IV. EVALUATION OF CURRENT COMMITMENTs (Who is being served, to what extent, is it helping those it is intended for?) V. GENERAL CONSTRAINTS ON HOUSING ISSUES A. Money availability B. Cost of housing c. Population composition D. Administrative requirements and capacities E. Land availability F . Types of housing available VI. IMPLEMENTATION ALTERNATIVES -THE TOOJ, LISTED BY GOAL Description to include cost, possible sources for money, staffing, possible impact, and specific constraints. VII. CONCWDING COMMENTS APPENDIX A: DA TA BAsE 1 . Population trends --general 2. Socio-economic trends --by block, census tract, school district 3. Attitude survey --why choose Englewood as place to live 4. Employment trends --where workers live by income 5 . School enrollment trends by Schoo] District 6. Vacant land survey 7. Housing stock inventory 8 . Housing condition survey 9. Cost of housing 10. Renter/owner occupant inventory • I • - - • • -· • TASK OCT NOV DEC JAN FEB MAR APR MAY JUN E Goals Data Base Pop trends Sc~-econ trends --------------- Attitudes --------------- Employm. trends --------------- School enrollm ------- Vacant Land ------- Hang stock inv. --------- Hsng condition ---------------- Hsng cost --------- Renter/owner occ ---------------- Current camnitments and evalu ;ltion RHOP HAP CDBG-Rehab S/8 existing s/8 new F-ublic hsng Code enf Constraints Money Cost of hsng Pop camp Adm requirem. Land Types of hsng --------------------------------- ----------- Implementation alternatives Tools and constr. --------------------------- Final write-up and production Adoption ------------ I . - • , I • • • 8 A ORDINANCE NO. <tcf BY AUTHORITY COUNCIL BILL NO. 44 INTRODUCED BY Councilman Clayton SERIES OF 197_9 __ _ AN ORDINANCE AMENDING SUBSECTION (a) (8) OF SECTION 9, CHAPTER 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 ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. That Subsection (a) (l) 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 FC·R SEWERAGE SERVICE (a) GENERAL. Customer Class There is hereby levied and charged on each lot, parcel of land, and premises served by or having sewer connection with the sanitary sewer of the City of Englewood, or other- wise discharging sanitaiy sewage, industrial wastes, or other liquids, either directly or indirectly, into the City sanitary sewer system., an '\nnual 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 charge Total SCHEDULE I ~~ In-City In-City City Sewers District Sewers Billed gtrl~ B .ill~d gtrl~ FLAT FLAT RATE MINIMUM RATE MINIMUM Rate (per 1,000 gallons) .5075 .0675 .5750 SCHEDULE Ill SCH I::DUL I:: lV Outside City Outside City District Sewers District Sc'vl el:'s Billed Annuall~ Bille d Qtr ly FLAT FLAT RATE MINIMUM RAT£ M INUIU ~1 Single Fam. Dwelling 12.10 11.00 10.65 9.70 44 .25 40.25 11.05 10.0 5 Hul ti Fam. (Unit) 7.50 6.85 6.60 5.95 27.70 25.20 6.90 6.30 Mobi l e Home 4.60 4.20 4.05 3.70 17.05 15.50 4.25 3.85 - • I • - - I I • • • nun ercia1 & Ind. (By Meter Size) • 5/8 inch 16.70 15.20 14.70 13.40 61.80 56.25 15 .45 14.05 3/4 ~nch 25.30 23.00 22.25 20.25 93.80 85.35 23.45 21.35 1 inch 42.00 38.20 36.95 33.60 155.60 141.60 38.90 35.40 1 1/2 inches 83.95 76 .40 73.90 67.25 311.20 283.20 77 .so 70.80 2 inches 134.55 122.45 118.40 107.80 498.80 453.90 124.70 113.50 3 :f.n ches 268.55 244.40 236.30 215.05 995.45 905.85 248.85 226.45 4 inches 419.75 382.00 369.40 336.15 1556.05 1416.00 389.00 354.00 6 inches 839.50 763.95 738.75 672.25 3112.15 2832.05 778.05 708.00 8 inches 1334.00 1213.95 1173.90 1068.25 4945.30 4500.20 1236.30 1125.05 10 inches 1917.65 1745.05 1687.55 1535.65 7108.90 6469.10 1777.20 1617.30 Minimum charges both inside anci o•1tside the City are Ninety-one percent (91%) of the flat rate ch.1rge for the customer class involved. Introduced, read in full, and passed on first reading on the 5th day ~f November, 1979 •. Published as a Bill for an Ordinance on the 7th day of November, 1979. Read by title and passed on final reading on the 19th day of November, 1979. Published as Ordinance No. _________ , Series of 1979, on the ______ day of November, 1979. Attest: Mayor Deputy City Clerk I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, do hereby certify that the above and foregoing is ~ true, accurate, and complete copy of the Ordinance passed on final reading and published as Ordinance No. _____ , Series of 1979. Janice L. Watkins -2-I • - c • • • • • 8 8 ./ ORDINANCE NO. ~~ SERIES OF 1979 BY AUTHORITY COUNCIL BILL NO. 45 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE REPEALING AND REENACTING WITH AMENDMENTS CHAPTER 11, TITLE XI, OF TH B 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 Vac c ination 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 11-11-4 7 11-11-48 11-11-49 11-11-50 11-11-51 11-11-52 11-11-53 I I • • • 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 to both wild and domestic animals, that may ·affect any warm-blooded animal but is most cornn1on 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 5hall 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 • - ' c • • • I 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 ntanner. (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 • - - • • , • I 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). 11-11-8: 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 ord inance 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 • - ( ' • • • • , I • • • 11-11-11: DENIAL, REVOCATION OR SUSPENSION OF LICENSE The Director may withhold, deny, revoke or temporarily suspe n d for a period not to exceed one (1) year any license issued or applied for in accordance with the provisions of this ordin a n ce u po n 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 o r 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 h e alth r eq uireme n t 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 b e 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 -8- - • I • • - c • • , • • • • Dogs known to have been bitten or exposed to a rabid an i mal 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 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 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 • • :-..__(n - c • • • • 11-11-17: I I • •• • 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- t ribute poison in any manner whatsoever with intent or for the purpose of poisoning any dog. 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 • • - ( • • , • I 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 • ll-ll-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: -ll- • 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: O~GE 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 • - • • • I 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 • - c • • • , 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: 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 • - - ( • • • • • • 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 (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 11-11-22 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-ll-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 (1) copy to be issued to the cat owner and one (1) 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-ll-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) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (1) (m) (n) (o) "Animal"--Any animate being, excluding the dog and cat, which is endowed with the power of voluntary motion; all living creatures not human. "Cattle"--Animals of the bovine genus regardless of sex. "Director"--Director of Community Development for the City of Englewood or his designee. "Enclosure or Inclosure"--Land surrounded by some visible obstruction such as a fence. "Avian (fowl)"--A bird of any kind, including chicken, water fowl, etc. "Goat"--Any of various ruminant mammals (esp. of the genus capra) regardless of sex. "Horse"--an animal of the genus equvs and species caballus regardless of sex. "Livestock"--Farm animals, including but not limited to cows, horses, sheep and pigs. "Neighborhood"--A place near an adjoining or surrounding district, a more immediate vicinity. "Animal owner"--Any person owning, keeping, harboring or I) having the full or temporary care of an animal at the time any violation of this ordinance is committed. "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. "Rabbit"--Any member of the hare family regardless of sex. "Sheep"--Any of numerous ruminant mammals (genus ovis) regardless of sex. "Swine"--Hog, pig or any of various stout-bodied, short-legged, omnivorous mammals (family suidae). "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 • • - - ( • • • I I • • • 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, drink 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. ll-ll-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 • • lo _____ , - - ( • f • , 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 dut y 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 premise s. The only exceptions are those individuals having said animals prior to enactment of this ordinance. 11-11-53: (Reserve d) S ect i o n 2. Any ordinances or parts of ordinances in conflict here-w~th are expressly repealed. Int roduce d, read in full and passed on first reading on the %TH d ay of Novembe r , 1979. -- Publi shed as a Bill for an Ordinance on the 7th day of November 1979 . Re ad b y t it l e and pass e d on final reading on the 19th day of November, 1979. Publ i shed b y titl e as Ordinance No. ____ , Series of 1979, on the ___ day of Novembe r, 1979. -18-Mayor • I • - - ( ( • • J • • j • Atte st: De puty City Clerk I, Janice L. Watkins, Deputy City Clerk, do hereby certify that the above and foregoing is a true, accurate, and complete c opy of the Ordinance passed on final reading and published b y title as Ordinanc e No. _________ , Series of 1979. Janice L. Watkins • I • • - ( • • • • • • 8 c BY AUTHORITY ORD INANCE NO. 4(p SERIES OF 197~9~----COUNCIL BILL NO. 50 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE AMENDING CHAPTER 2, TITLE XIV, OF '69 E .M.C. (MODIFIC A- TION TO MODEL TRAFFIC RULES) BY ADDING A NEW SECTION THERETO RELA TING 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 c ommercial, 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 a ccess to their residences. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec tion 1. That Chapter 2, Title XIV, of the '69 E.M.C. is ame~ded 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 mete red parking spaces where parking meter zones have been established. (b) Fe e s. An annual fee of $ 5.00 shall be charged for each permit issued for a vehicle when proof of residence in the appropriate • I • - - • • I I • • • • block is based on a current Colorado Motor Vehicle Registration for the vehicl e . An annual fee of $7.50 shall be charged for each permit issued for a Vehicle when proof of residence in the appropriat e block must be determined by other means. Introduced, read in full, and passed on first reading on the 5th day of November, 1979. Published a s a Bi ll for an Ordinance on the 7th day of Nove mber, 1979. Read b y t i t le and passed on final reading on the 19th day of November, 1979. Published by title as Ordinance No.1(#, , Series of 1979, on the~day of November, 1979. Attest: Mayor Deputy City Clerk I, foregoing passed on Series of Janice L. Watkins, do hereby certify that the above and is a true, accurate, and complete copy of the Ordinan~7~ final reading and published by title as Ordinance No.~, 1979. Janice L. Watkins, Deputy C i ty Clerk -2- I . - • • • ORDINANCE NO. SERIES OF 197_9 __ I ' • • • BY AUTHORITY A BILL FOR S D COUNCIL BILL NO. 49 INTRODUC~ AN ORDINANCE AMENDING CHAPTER 9, ARTICLE XI, BY ADbiNG A NEW SECTION RELATING TO SHOPLIFTING AND RIGHT TO DETAIN AND QUESTION,~ DSCI *PUiS 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 hereby 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 det ai n and question such person, in a reason- able manner, for the purpose of ascertaining whether the person is guilty of shoplifting. Council finds I • - - • • I I • • • Introduced, read in full, and passed on first reading on the 19th day of November , 1979. Published as a Bill for an Ordinance 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the day of November, 1979. Janice L. Watkins I • • - - • , J ; • • • MEMORANDUM TO: Andy McCown, City Manager FROM: Robert R. Holmes, Chief of Police DATE: November 9, 1979 SUBJECT: PROPOSED SHOPLIFTING ORDINANCE 8 . -r · I ' ••• Cl ;-·· \ .. ~.· ·.,: .• , !d:.: L l~, i ~~~· . ~,11 In reviewing the proposed shoplifting ordinance presently being considered by the city, I cannot see where it will have an effect on present police operations to any significant degree. Persons presently apprehended for suspicion of shoplifting are issued a summons and complaint into the Arapahoe County Court following a short processing period necessary to complete the paperwork on the arrest. If this proposed ordinance is allowed to pass into law, the only change will be the issuing of a municipal summons and complaint into municipal court in lieu of a state summons and complaint into county court . d~/.~ Chief of Police I • • v I r:~ _____ ,. - - • MEMORANDUM I I • • • 8 D TO: Honorable Mayor and Members of City Council FROM: Louis Parkinson, Municipal Judge DATE: Novelllber 9, 1979 SUBJECT: SHOPLIFTING ORDINANCE Attached is a report of the projected iiiiPact of the proposed Shoplifting Ordinance on Municipal Court operations. Briefly, it could be handled with no i..ediate additional cost to the City. The Court AdMinistrator and I will be at the study session ::9.:. .. rr~ LOUIS PARKINSON Municipal Judge LP/b Att. cc: Andy McCown, City Manager Bernard Berardini, City Attorney Robert Holmes, Chief of Police • I . . l o _____ ~ - ' • • • • • • M E M 0 R A N D U M TO: Louis Parkinson, Municipal Judge FROM: Carolyne J. Boettger, Court Administrat o r DATE: November 8, 1979 SUBJECT: REPORT OF PROJECTED IMPACT OF LOCAL SHOPLIF'T'ING ORDINANCE ON MUNICIPAL COURT OPERATIONS Presently, the Police Department is filing an average of 34 State Statute shoplifting cases on adult offenders per month. It is con- ceivable that a slightly higher number of cas~s might be filed here with a local ordinance because of the convenient location of this Court to local merchants. The Court projects an average of 36 additional cases to be filed per month as a result of a local shop- lifting ordinance. Due to the implementation of new programs and reas signment of duties earlier this year, the Court is in a favorable position to handle the additional cases which would be filed as a result of a local shop- lifting ordinance. The reasons are as f o llows: l. The Court has requested a part-time CETA employee (to be paid entirely from CETA funds) to train to do many of the Violations Bureau Clerks' duties. 2. Violations Bureau Clerks are presently being cross-trained to handle many of the Deputy Court Clerks' duties. 3. The Optional Pre-Trial Program implemented earlier thi s year has resulted in fewer Court Trials and les s subpoenas needing to be served. 4. A system for mailing subpoenas is being proposed; thereby, granting the Court Marshal more time to handle any additional warrants and executions. 5. The ordinance for parking permits introduced at the Council Meeting on Nov. S, 1979, if passed, should reduce the number of parking citations filed and the number of subsequent appeals handled. 6. Arrangements have been made for defendants to attend an outside Behavioral Modification Shoplifting School. The cost for the school would be borne by the defendants, except in cases of indigency. recommends a local shoplifting ordinance . I • - . . • • , • ORDINANCE NO. SERIES OF 197~9----- BY AUTHORITY A BILL FOR • • • 8 E COUNCIL BILL NO. 51 !NT~ 7 AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY CON- TAINED IN BLOCK 4, BANK ADDITION, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO, AND RETAINING EASEMENTS THEREIN. WHEREAS, there presently exists between East Dartmouth Avenue and East Eastman Avenue a right-of-way which varies in width between 81.37 feet and 80.85 feet in the 3100 Block of South Clarkson; and WHEREAS, on October 16, 1979, the Planning and Zoning Commission recommended to City Council that the excess right-of-way on the west side of said 3100 Block of South Clarkson should be vacated and that easements be retained to provide access to utility service lines. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The hereinafter described property located in the City of Englewood, Arapahoe County, Colorado, be and the same is hereby declared vacated pursuant to the provisions of Part 3, Article 2, Title 43, 1973 Colorado Revised Statutes, as amended, and title thereof shall vest in the owners of the abutting land as provided in said Article, said vacated land being more particularly described as follows: The land adjacent to the east side of Lots 25 through 48, Block 4, Bank Addition, beginning at the NE corner of Lot 48, Block 4, Bank Addition, thence East 12.87 feet; thence South to a point 14.4 feet East of the SE corner of Lot 25, Block 4; thence West to the SE corner of said Lot 25; thence North along the East line of Block 4 to the point of beginning, Arapahoe County, Colorado, containing 8385 square feet, more or less. Section 2. The hereinabove described land is located entirely w1thin the City of Englewood and does not constitute a boundary line between the City of Englewood and any other county or other municipality. • • I • - - ,. • , I • • • Section 3. The vacation of the hereinabove described property will not leave any adjoining land without an established public road connecting said land with another established public road. Section 4. The City of Englewood does hereby expressly reserve the rights-of-way or easements for the continued use of existing sewer, gas, water, or similar type lines and appurtenances, and for ditches or canals and appurtenances, for electric, telephone, and similar lines and appurtenances, if any, now located in the herein- above described parcel vacated. Introduced, read in full, and passed on first reading on the 19th day of November, 1979. Published as a Bill for an Ordinance on the _____ day of November, 1979. Mayor Attest: ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the day of November, 1979. Gary R. Higbee -2- • I • • - r • • ( • • • 8 BY AUTHORITY ORDINANCE NO. SERIES OF 197~9----- COUNCIL BILL NO. 52 INT~DUCED BY ;/ko.f.<A-.-A BILL FOR AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY CON- TAINED IN TIMBER LEA PLANNED DEVELOPMENT AREA WITHIN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. WHEREAS, on June 18, 1979, Alsum Brothers, Inc. granted an 8-foot parcel of property by deed for public alley purposes; and WHEREAS, it has now been determined that through a typo- graphical error the City of Englewood received excess and incorrect dedication for the Clarkson-Emerson alley. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. The hereinafter described real property located in the City of Englewood, Arapahoe County, Colorado, be and the same is hereby declared vacated pursuant to the provisions of CRS 43-2-301, et seq. (1973), as amended, and title thereof shall vest in the owners of abutting land as provided in said Article, said vacated land being more particularly described as follows: A part of the SW 1/4 of NW 1/4 of Section 35, Township 4 South, Range 68 West of the 6th P.M., City of Englewood, County of Arapahoe, State of Colorado, more particularly described as follows: Commencing at the SW corner of said NW 1/4; thence Northerly along the West line of said NW 1/4 495.23 feet; thence on an angle to the right of 89°53'22" and easterly 189 feet to the point of beginning; thence continuing Easterly along the aforesaid course 8 feet; thence on an angle to the right of 90°06'38" and Southerly 250 feet; thence on an angle to the right of 89°53'22" and Westerly 8 feet; thenc on an angle to the right of 90°06'38" and Northerly 250 feet to the point of beginning. Section 2. The hereinabove described land is located entirely within the City of Englewood and does not constitute a boundary line between the City of Englewood and any other county or other munici- pality. • I • - • ( I I • • • Section 3. The vacation of the hereinabove described property will not leave any adjoining land without an established public road connecting said land with another established public road. Introduced, read in full, and passed on first reading on the 19th day of November, 1979. Published as a Bill for an Ordinance on the day of November, 1979. -------- Mayor Attest: ex offic~o C~ty Clerk-Trea surer I, Gary R. Higbee , ex o f ficio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, a cc urat e , and complete copy of a Bill for an Ordinance, introduced, read i n full, and passed on first reading on the 19th day of November, 1979. Gary R. Higbee -2-I • • - 'r • • ( • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 197~9------ A BILL FOR 8 (j COUNCIL BILL NO. 53 INTR9J)UCED BY :>-zf2~ AN ORDINANCE VACATING A PORTION OF WEST QUINCY PLACE CONTAINED WITHIN HAYES SUBDIVISION IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. WHEREAS, West Quincy Place, being a 60-foot right-of-way for street purposes, was dedicated by plat in the Hayes Subdivision in 1955; and WHEREAS, West Quincy Place extends 125 feet east of the south right-of-way line of South Lipan Street and deadends at the west line of Jason Park; and WHEREAS, on October 16, 1979, the Planning and Zoning Commission of the City of Englewood found and determined that the entire right-of-way was not needed and that only a 16-foot right- of-way for park maintenance vehicles and pedestrian access to the east entry to Jason Park should be retained. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The hereinafter described real property located in the City of Englewood, Arapahoe County, Colorado, be and the same is hereby declared vacated pursuant to the provisions of CRS 43-2-301 et seq. (1973), as amended, and title thereof shall vest in the owners of the abutting land as provided in said Article, said vacated land being more particularly described as follows: The northerly 22 feet and the southerly 22 feet of West Quincy Place adjoining Lots 30 and 31, respectively, in Hayes Subdivision, City of Englewood, Arapahoe County, Colorado . Section 2. The hereinabove described land is located entirely within the City of Englewood and does not constitute a boundary line between the City of Englewood and any other county or other municipality. Section 3. The vacation of the hereinabove described property will not leave any adjoining land without an established public road connecting said land with another established public road. • I • - - • r • • • Section 4. The City of Englewood does hereby expressly reserve the rights-of-way or easements for the continued use of existing sewer, gas, water, or similar type lines and appurtenances, and for ditches or canals and appurtenances, for electric, telephone, and similar lines and appurtenances, if any, now located in the hereinabove described parcel vacated. Introduced, read in full, and passed on first reading on the 19th day of November, 1979. Published as a Bill for an Ordinance on the ________ day of November, 1979. Mayor Attest: ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate, and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th day of November, 1979. Gary R. Higbee -2- • I • • - - • ( • • • • 8 H RESOLUTION NO. 11 , SERIES OF 1979 A RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE ENGLEWOOD MUNICIPAL GOLF COURSE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Fees and Charges. Fees and charges to be made and collected by the Department of Parks and Recreation, payable in advance, for the use of the Englewood Municipal Golf Course shall be as follows: A. Golf course Fees -Annual Golf Membership Fees. Weekda:t: Only Single Famil:t: of 2 Additional Member Resident $85 $150 $50 Senior Resident 70 110 50 Non-Resident 125 200 60 Senior Non-Resident 100 160 60 Seven Da:t: Pla:t: Resident 125 200 60 Non-Resident 175 275 75 In addition to the above annual fee, a charge of $.25 for each nine played shall be paid on the day of play. For purposes of charging annual fees, the following definitions shall apply: Senior -62 years of age and over Resident -Persons who reside in the corporate boundaries of Englewood or Sheridan Additional Members -Must be under 18 years of age, living with parent(s) or guardian, and additional fees must be in the same category as the adult . • I • • - - • ( ·. B. Daily Green Fees Weekdays Senior, Weekday Only Weekends and Holidays • • • 9 Hole $3.00 2.50 3.25 18 Hole $5.00 4.00 5.50 Seniors must be 62 years of age or older. Section 2. The charges and fees contained in this Resolution shall be effective January 1, 1980. ADOPTED AND APPROVED this 19th day of November, 1979. Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. , Series of 1979, passed by City Council on the 19th day of November, 1979. Gary R. Higbee -2- • I • • - • • I I • • • RESOLUTION NO.~, SERIES OF 1979 A RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE ENGLEWOOD MUNICIPAL GOLF COURSE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Fees and Charges. Fees and charges to be made and collected by the Department of Parks and Recreation, payable in advance, for the use of the Englewood Municipal Golf Course shall be as follows: A. Golf course Fees -Annual Golf Membership Fees. Weekda;r Only Single Famil;r of 2 Additional Member Resident $85 $150 $50 Senior Resident 70 110 50 Non-Resident 125 200 60 Senior Non-Re~ident 100 160 60 Seven Da;r Pla;r Resident 125 200 60 Non-Resident 175 275 75 In addition to the above annual fee, a charge of $.25 for each nine played shall be paid on the day of play. For purposes of charging annual fees, the following definitions shall apply: Senior -62 years of age and over Resident -Persons who reside in the corporate boundaries of Englewood or Sheridan Additional Members -Must be under 18 years of age, living with parent(s) or guardian, and additional fees must be in the same category as the adult . • I • • , - - ( • B. Daily Green Fees Weekdays Senior, Weekday Only Weekends and Holidays , I • • • ·, 9 Hole $3.00 2.50 3.25 18 Hole $5.00 4.00 5.50 Seniors must be 62 years of age or older. Section 2. The charges and fees contained in this Resolution shall be effective January 1, 1980. ADOPTED AND APPROVED this 19th day of November, 1979. Attest: Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. , Series of 1979, passed by City Council on the 19th day of November, 1979. Gary R. Higbee -2- I • • - - • RESOLUTION NO. 1t SERIES OF 1979 • • • 8 i A RESOLUTION APPOINTING THE LAW FIRM OF DAMAS AND SMITH AS SPECIAL COUNSEL FOR THE PURPOSE OF PRESENTING A PETITION FOR UNIT DETERMINA- TION TO THE CAREER SERVICE BOARD OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Section 67 of the Englewood Home Rule Charter pro-vides in pertinent part as follows: "67: SPECIAL COUNSEL "The Council may, on its own motion, or upon the request of the City Attorney, in special cases, employ special counsel to serve under the direction of the City Attorney. AND WHEREAS, Bernard V. Berardini, City Attorney, has formally requested this Council to consider the appointment of the law firm of Damas and Smith, Attorneys at Law, in the presentation of a Petition for Unit Determination before the Englewood Career Service Board; and WHEREAS, the firm of Damas and Smith, having become familiar with the Charter, Ordinances, and labor contracts and practices of the City and possessing the qualifications, training, and experience in the field of labor and employee relations to present said Petition; and WHEREAS, it is the desire of the Council to grant the request of the City Attorney to provide special counsel in said matter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Damas and Smith, Attorneys at Law, are hereby appointed special counsel, pursuant to Section 67 of the Englewood City Charter, to present the City's position relative to a Peti~ion for Unit Determination before the Career Service Board of the C1ty of Englewood at such time as the Board shall establish said hearing and to work jointly with the City Attorney's office in the proper presentation of this case before said Career Service Board. • I . - - • J • , I • • • Section 2. That the compensation to be paid for said special counsel shall be at the rate of Fifty Dollars ($50) per hour together with the necessary costs of travel and reproduction and other necessary office expenses that may be incurred. Payments for said special counsel shall be made monthly pursuant to billings received therefor. ADOPTED AND APPROVED this 19th 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 -2- • I • • - ( • • • • • City of Englewood MEMORANDUM TO: Mayor and Members of City Council FROM: Bernard V. Berardini, City Attorney RE: Request for Special Counsel November 15, 1979 3400 S. Elato Street Englewood. Colorado BOt 10 Phone (303) 761-11.0 The City Manager has, in his Memorandum of November 15, 1979, a copy of which is enclosed in the Council packet, identified a situation whereby a group of twenty-five (25) City employees (list attached)-- sometimes called "Mid-Managers"--desire to withdraw from formal representation by each of the three employee organizations. On November 1, 1979, a 'Petition for Unit Determination' by said Mid- Managers, pursuant to Chapter 10, Title V, of the City Code, was submitted to the Career Service Board, who shall ultimately proceed to determine whether the Petition submitted shall be granted and the twenty-five (25) employees be withdrawn from the employee associations. Over the past several years, the law firm of Damas and Smith of Denver has been retained annually by the Public Employers Group, Inc., a Colorado corporation, (P.E.G.),on matters involving labor and employee relations. The services of Damas and Smith, for twelve (12) hours of consultation, are offered to member cities, including the City of Englewood, without direct cost other than the membership costs levied on each member city. It appears now that the twelve (12) hours have been exhausted and the firm is in a position where it must now charge standard rates for consultation and representation . I have discussed the matter at length with Mr. Smith. I have had the opportunity to talk with both Mr. Damas and Mr. Smith with reference to the various matters presently pending before the Board as well as other legal issues as a result of the City's Charter, Ordinances, and contracts. These attorneys enjoy an excellent reputation in the legal community as labor attorneys, Mr. Damas having been involved in labor law in the legal department for the City of Detroit and having confined his practice entirely to labor relations. As mentioned above, he is consultant to P.E.G., which represents more than twenty (20) cities as well as Denver Metro Dewer District. Mr. Smith is equally • • I • , - - • J • Mayor and Members of City Council Page 2 November 15, 1979 • • • experienced in the field of labor relations and has been in association with Mr. Damas for approximately five years. Both lawyers have repre- sented numerous municipalities in the Denver Metropolitan area on various occasions. I am, therefore, requesting that Damas and Smith be appointed as special counsel to assist and to present, on behalf of the City, a Petition for Unit Determination before the Career Service Board and other consultive and advisory services during the period the Petition is pending before the Board. I have taken the liberty of preparing and attaching a Resolution to this Memorandum for your consideration at the regular Council meeting on November, 19, 1979. bb Attachments cc: Andy McCown, City Manager Jimmy Curnes, Assistant City Manager Mel BeVirt, Director of Employee Relations Rick DeWitt, Assistant City Attorney • • I • • v l n , - - ( • • • , I • • • Classifjcation Assistant Director /Planning Assistant Director /}lousing Clli.ef Building Inspector Civil Engineer Office lii1gineer Assistant Director/Finance Deputy Fire Olie1' Battalion Cllief Assistant Director /Pari<S Assistant Director/Recreation Captain/Police Street Superintendent Servicenter Superintendent Traffic Engineer Water Pn duct ion Superintendent Water Distribution Superintend€·nt ~~intenance Superjntendent ~ration Superintendent J\ssistant Din .. 'C l o r/Library • Number o.f Ehlploy<Oes ] 1 ] 1 l 5 1 1 3 1 1 1 l 1 l 1 1 'lUI'AL: 25 I • • - • RESOLUTION NO. ~ SERIES OF 1979 • • • 8 i A RESOLUTION APPOINTING THE LAW FIRM OF DAMAS AND SMITH AS SPECIAL COUNSEL FOR THE PURPOSE OF PRESENTING A PETITION FOR UNIT DETERMINA- TION TO THE CAREER SERVICE BOARD OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Section 67 of the Englewood Horne Rule Charter pro-Vides in pertinent part as follows: "67: SPECIAL COUNSEL "The Council may, on its own motion, or upon the request of the City Attorney, in special cases, employ special counsel to serve under the direction of the City Attorney. AND WHEREAS, Bernard V. Berardini, City Attorney, has formally requested this Council to consider the appointment of the law firm of Damas and Smith, Attorneys at Law, in the presentation of a Petition for Unit Determination before the Englewood Career Service Board; and WHEREAs, the firm of Damas and Smith, having become familiar With the Charter, Ordinances, and labor contracts and practices of the City and possessing the qualifications, training, and experience in the field of labor and employee relations to present said Petition; and WHEREAS, it is the desire of the Council to grant the request of the City Attorney to provide special counsel in said matter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Damas and Smith, Attorneys at Law, are hereby appointed special counsel, pursuant to Section 67 of the Englewood City Charter, to present the City's position ~elative to a Peti~ion for Unit Determination before the Career Serv~ce Board of the C~ty of Englewood at such time as the Board shall establish said hearing and to work jointly with the City Attorney's office in the proper presentation of this case before said Career Service Board. I • - - ( • • • • • • • Section 2. That the compensation to be paid for said special counsel shall be at the rate of Fifty Dollars ($50) per hour together with the necessary costs of travel and reproduction and other necessary office expenses that may be incurred. Payments for said special counsel shall be made monthly pursuant to billings received therefor. ADOPTED AND APPROVED this 19th 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, 1979. accurate, and complete copy of Resolution No. , Series of Janice L. Watkins -2- I . - ( • • • • • City of Englewood MEMORANDUM TO: Mayor and Members of City Council FROM: Bernard V. Berardini, City Attorney RE: Request for Special Counsel November 15, 1979 3400 S . Elati Street Englewood . Colorado 80110 Phone (303) 761-11.0 The City Manager has, in his Memorandum of November 15, 1979, a copy of which is enclosed in the Council packet, identified a situation whereby a group of twenty-five (25) City employees (list attached)-- sometimes called "Mid-Managers"--desire to withdraw from formal representation by each of the three employee organizations. On November 1, 1979, a 'Petition for Unit Determination' by said Mid- Managers, pursuant to Chapter 10, Title V, of the City Code, was submitted to the Career Service Board, who shall ultimately proceed to determine whether the Petition submitted shall be granted and the twenty-five (25) employees be withdrawn from the employee associations. Over the past several years, the law firm of Damas and Smith of Denver has been retained annually by the Public Employers Group, Inc., a Colorado corporation, (P.E.G.),on matters involving labor and employee relations. The services of Damas and Smith, for twelve (12) hours of consultation, are offered to member cities, including the City of Englewood, without direct cost other than the membership costs levied on each member city. It appears now that the twelve (12) hours have been exhausted and the firm is in a position where it must now charge standard rates for consultation and representation • I have discussed the matter at length with Mr. Smith. I have had the opportunity to talk with both Mr. Damas and Mr. Smith with reference to the various matters presently pending before the Board as well as other legal issues as a result of the City's Charter, Ordinances, and contracts. These attorneys enjoy an excellent reputation in the legal community as labor attorneys, Mr. Damas having been involved in labor law in the legal department for the City of Detroit and having confined his practice entirely to labor relations. As mentioned above, he is consultant to P.E.G., which represents more than twenty (20) cities as well as Denver Metro Dewer District. Mr. Smith is equally • I • - - ( • Mayor and Members of City Council Page 2 November 15, 1979 , I • • • • experienced in the field of labor relations and has been in association with Mr. Damas for approximately five years. Both lawyers have repre- sented numerous municipalities in the Denver Metropolitan area on various occasions. I am, therefore, requesting that Damas and Smith be appointed as special counsel to assist and to present, on behalf of the City, a Petition for Unit Determination before the Career Service Board and other consultive and advisory services during the period the Petition is pending before the Board. I have taken the liberty of preparing and attaching a Resolution to this Memorandum for your consideration at the regular Council meeting on November, 19, 1979. bb Attachments cc: Andy McCown, City Manager Jimmy Curnes, Assistant City Manager Mel BeVirt, Director of Employee Relations Rick DeWitt, Assistant City Attorney • I . - - ( • • • Classifj cation Assistant Director/Planning Assistant Director /lbusing Clli.ef Building Inspector Civil Engineer Office ~ineer Assistant Director /Finance Deputy Fire Chief Battalion Chief Assistant Director /Parks Assistant Director/Recreation Captain/POlice Street Superintendent Serviceoter Superintendent Traffic &lgineer Water Pn duct ion Superintendent Water Distribution Superinteock:·nt ~hintenance Superjntendent q,erat.ion Superintendent As!;;istant Director /Library 1 I • • • • 'lUI'AL: ... Nlllber of BnployE-e::; ) 1 ) 1 l 5 1 1 3 1 1 1 1 1 1 1 1 25 D I • - c ( • • ( • • • , . 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 9 ~ Encroachment Procedure INITIATED BY Department of Community Development~~ --, ACTION PROPOSED Authorize administrative approval of encroachment requests that do not involve non-aovable 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 bas been rather automatic if the staff bas found no problems with the proposed installation. This issue was raised in a meaorandua dated May 30, 1979, from the Director of Community Development to the City Manager, and in a meaorandua 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- mentioned cases. The Planning Division staff has worked with other concerned departaents and the City Attorney and bas developed guidelines pertaining to the administrative approval of these encroachment requests and a fora for an Encroachaent Perait and Indeanity Agreeaent. The only iteas which are proposed to be approved administratively are fences, retaining walls, awnings, canopies and aarquees. These iteas would be approved only if they coaply with the guidelines and after review by all of the concerned departments, and approval by both the Director of Coaaunity Development and the Director of Public Works • CONCLUSION AND RECOMMENDATION: If approved by the City Council, the attached Guidelines will give direction to the staff in considering encroachment requests as they pertain to fences, retaining walls, awnings, canopies and aarquees. The Encroachment Permit and Indemnity Agreement will protect the City should it be necessary to have the installation removed or relocated, and will insure review by Public Works and Community Development. It is reco .. ended that the City Council assign this responsibility to the above Departments and adopt a policy relating to the administrative review of these encroachment requests • • I • - - ( ' • • • • GUIDELINES PERTAINING TO ADIINISTRATIVE APPROVAL OF CERTAIN ENCROACIIIIDT REQUES!S A request to iastall a fence, retaini.ag wall, awning, canopy or aarquee which would encroach into the public right-of-way aay be approved by the Director of eo--unity Develo~ot and Director of PUblic Works subject to the following conditions: 1. Tbe property owner(a) shall sign the Encroac~nt Perait and IndeaDity Agreeaent. 2. Fences and Retaining Walls: a. Shall be installed DO leas than twelve (12) inches behind the sidewalk. b. Shall be installed i.D coapliance with all other re- quire~~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 paviac district prograa and which is not designated in the Master Street Plan as one which will be widened or otherwise upgraded. 3. Cantilevered Awnings, Ca.nopies, and Marquees: a. Shall not project withi.D five (5) feet of the back of the curb. b. Shall oot bave 1 ... tban ei&ht (8) foot clearance frc. the bottoa of tbe awJliD&, canopy or aarquee atructure to tbe aidewalk. c. Shall be in coapliance with all other applicable codes and ordinances. All other encroacb-.nt requests ahall be considered by the City Council after having received a staff report thereon. 9/25/79 I . - - • • ' I • • • ES CilOA OHiE.T P EROJ IT A ~il l~DEJ.:J\JTY AGREE r.JEXT (1-E~C ES, R l,A J :"oi~G nLLS , AII"S l :'>GS, C.~~:'?PIES. AND MARQliEES l 'l'ldS AL llEEjll:.J\";'. ma U~ tH l !3. ___ u ...~y 01 .=o;--::--::-=:-=c=-::::- l >l b<'t~c e n the C ITY Or L.~GLEII'OOD , CO LORAIJO, a mun>c>pal CUl JX.I I':lllOJl, ~ Ud the u"ncrs o .1 c er t.a~n p :u c(;l oJ real pl pe .~ • v legally dt:."s - C I"Jhc d .. s : au(.) CODUUUJl ly kno\\n as : The C 1t y oi En~;l cw oo d, Co lo r ado, b ;_r c:by :;rants to said :>wncJ·s of sa1.d p ropert)' at th e a1ored~L r.L 'L d locati o n per- miss J.o n to : The a.loresaid property owners and 1 h eil heirs and assiGns Ulldcrstand anu a~J -~c that : 1. This pe rmission 1s r<~voc;)blc: OJ\. Wl.ll and ~l l lio ut: cauiie by the Ci ty of Englewood , Co loraJo witbou t. hca 11 n ~ ::1nd vdthout notice ot he r th:~n Notice of Rcv .-.::::~,1_::.>n. 2. The property ov.•ners shall remove sa1d structure (s) 11·om the public right-of-way within thirty ~30) days aitcr re..;eiving Jtiotice ot Revocation by persoPal service or cer- tified -u. 3. That said property owners ar e es~oppe d to deny the ria.;bt ot' tbe City oJ: Et~lewood, Co lorad?, t o revoke this En- croachaent Permit or t o deny the prope !"~Y !i:,..h t.s ol s aid City. 4. That said proper ty owners agree to reimburse and 1U- demnify the City ol' Englewood, Colorado, ior all necessary ex - penses o f whateve r nature that .ay be incurred in revoking this Perait, re.aving the structure(&) place d in the public rigbt- ot-war. or any other expense as a result of gran ting the En- croac~at Per.it. a. Tbat tbe aaid property owners shall maintain LU&urance coveraGe sufficient to satisfy any liability arisin-.~ a s a re- s ult ot th1.s Encroachment Permit and lndem.nit)• Agreement, and the Ctty o1' Englewood shall be he ld harmless tro111 any and a ll liabilities arising from t his action. 6, This a~;reement shall inure to the bc;ne1'it o1 a11d be binding upon the beirs, executors, adminis trators, ass1gns , and successors o 1 the respective parti ?~. IN lli'ITNESS WHE REOF , the parties ha\'e set t heir hands and seals the day and year first a bove wri '!.ten • Attest: City Clt:rk CITY Ok' ENGLEWOOD, COLORAIJO a aunic1pa: co r ~ration By ____ ~-.,:-:y:-::..,~.--------- ------------no.-,.-,.- ... I • - • • ( ( • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE SUBJE'CT Code Review Committee AGENDA ITEM qs 11/14/79 INITIATED BY Departaent of Community Development ACTION PROPOSED Selection of Code Review Committee BACKGROUND: !be Building Code Review Committee, as approved by Council, will consist of thirteen (13) aeabers who will: 1. Review existing and proposed building codes. 2. Review permit and inspection procedures relating to these codes and; 3. Recommend code revisions to the City Council for adoption. Council would choose seven (7) members and boards and/or associations would choose six (6). Reca.mendations were made to Council that the Code Review Committee he c:onstitut e d as follows: 1. Contractors (4) I Large General Contractor 1 Small General Contractor 1 Electrical Contractor I Plumbing & Mechanical Contractor 2. Downtown Development Authority Member (1). (To be chosen by the Authority) 3 • Chamber cf Commerce Members (2). (To be chosen by the Chamber) 4. Architec t (1). 5. Home Builders Association (1). (To be chosen by the Association) 6. Board of Realtors (1). (To be chosen by the Board) 7. Board of Adjustaent and Appeals Member (1). (To be chosen by the Board) 8. Citizens (2). - l __ • • I • - - • • • • CONCLUSIONS AND llECOHKDJDATIOl!IS: We have notified the afore.entioned groups by letter and newspaper advertise.ents of our proposed Code Review CoDDittee. Attached :U a list of the Boards and Associations six (6) appointees and the ~ of individuals who would like Council consideration to serve on the review ca..ittee. We would -It that Council review this list and make their aelections as soon as possible so that ve -Y notify these people of their decision. SUGGESTED ACTION: MOVED BY ________________________ _ SECOND ________________________ ___ YES, ________ NO. ________ ABSENT __________________________________ __ I I • l o _____ ,., - • • ( • , I • • • CONTRACTORS Electrical Contractors COUNCIL'S CHOICE (1) Gary Baker G.B. Electric 4039 So. Logan Englewood, Co . 789-0869 C2503-79 St . 80110 Dennis Kenny Kenny Electric Service, Inc . 1133 So. Bannock St . Denver, Co. 80223 770-9440 Ray Smith TripleT . Electric C3665-79 4365 So. Galapago St . Englewood, Co. 80110 761-0762 C2562-79 Watkins Electric Co., Inc. (Letter) 2280 So. Lipan C2753-79 Denver, Co . 80223 922-6133 Anthony Pilika Reliable Electric Co., Inc. C3576-79 58 So. Galapa g o Denver, Co . 80223 744-3661 Mechanical Contractors Hr . Kelley Trane Home Comfort Center 3700 Havana , #100 Aurora, Co . 80239 371-2770 COUNCIL'S CHOICE (Choose (1) Mechanical Contractor or (1) Plumbing Contractor) C3619-79 Rod Sebastian Empire Fire Protection Co . C2166-79 2704 \-lest 8th Avenue Denver, Co. 80204 629-6931 • I . • - • • • • • Mechanical Contractors Cont . Patrick Mikes Advanced Refrigeration, Inc . C3407-79 8641 Faraday St. Denver, Co. 80229 287-8678 Plumbing Contractor Art Chaput (letter) COUNCIL'S CHOICE (Choose (1) Plumbing Contractor or {l) Mechanical Contractor Chaput Plumbing Contractors C2372-79 3260 So. Logan St. Englewood, Co . 80110 781-2456 Small Contractors COUNCIL'S CHOICE (1) James Tanning Megs Mobile Homes-(Jobber-C3487-79) 13550 E. Colfax Aurora, Co . 80011 341-5522 Mike Amori Arapahoe Signs-(Jobber-C2438-79) 2823 So . Broadway Englewood, Co . 80110 781-0574 Mike McKelvey Kitchen Modernizers (C3449-79-Limited General) 8550 So. Valley Hwy. Englewood, Co . 80110 759-5755 Bob Stewart Stewart Construction (C2978-79-Limited General) 3217 So . Geneva Denver, Co. 80231 751-8396 I • ...... ...... J I • • Large Contractors COUNCIL'S CHOICE (1) Denver Commercial Builders (letter with comment o nly) 909 East 62nd Avenue Denver, Co. 80216 Wally Prebis P .E . (Letter) Director of Colorado Prestress Association Representing Rocky Mountain Prestress-C2395~79-Movers/Wreckers 1510 Glen Ayr Dr . Suite 2 Lakewood, Co . 80215 238-5674 I • • - v • • • • DOWNTOWN DEVELOPMENT ASSOCIATION APPOINTEE George Allen 2799 So. Downing Enflewood, Colorado 80110 78 -7102 I . - - G • 1 I • • • CHAMBER OF COMMERCE APPOINTEES Dan Berich 2000 S. Quebec St . Denver, Colorado 755-2550 George Bailey Continental Bank 3333 So . Bannock Englewood, Co. 80110 761-1000 Senior Vice President I . - - • • • • • ARCHITECTS Don Marshall 3290 So . Bannock Englewood , Co . 80110 781-4149 Copeland Designs, Inc . 4395 So. Broadway Englewood, Co . 80110 789-2271 Cork Osbourn 1150 W. Littleton Littleton, Co . 80123 794-2632 Kelly Oliver COUNCIL'S CHOICE (l) (letter) (See Board of Adjustment and Appeals) I . - - • •' I I • -· • HOME BUILDERS ASSOCIATION APPOINTEE Ross Henderson 6050 So . Windemere Littleton , Co . 80120 I . . - - • , I • • • SOUTH SUBURBAN aa.-.RO OF REALTORS CHOICE DICK JONEs Century 21 6872 South Univeraity Blvd. Littleton. Colorlldo 80122 779-0997 APPOINTEE - I . - - ( • • • • BOARD OF ADJUSTMENT AND APPEALS KELLY OLIVER 3134 South Vine Court Englewood, Colorado 80110 399-8974 APPOINTEE .. I . - • • • , I • • • CITIZENS COUNCIL'S CHOICE (2) JAMES SPRINKLE 3012 South Lincoln Enqlewood, Colorado 0 0110 7d9-0007 JAMES A. TOTTON (See letter) 3875 South Cherokee Enqlewood, Colorado 80110 781-5420 LARRY POWELL 4800 South Lipan Englewood, Colorado 80110 761-9290 or 575-3761 DON SEYMOUR 4 750 South Lipan Enqlewood, Colorado ROllO 624-5732 Fred Janssen (Letter) 2784 So. Lincoln St. Enqlewood, Co. 80110 • I • • - - • State of Colorado County of Arapahoe City of Englewood 1 I • -· • 0 A T H I, Betty K. Keena , do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Colorado, and the Charter and Ordinances of the City of Englewood; and that I will, to the best of my ability, faithfully perform the duties of the office of Councilwoman, District IV during my continuance therein, so help me God. Subscribed and sworn to before me this ~ day of November , 19 .2!_. Municipal Judge ~<r~/U<d ._(~ %&~t.~e-a-t_l Gu2le-d/~ • I . - • c State of Colorado County of Arapahoe City of Englewood • • • 0 AT H I, ----~J~o~e~B~1~·1~o~--------------------• do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Colorado, and the Charter and Ordinances of the City of Englewood; and that I will, to the best of my ability, faithfully perform the duties of the office of Councilman at Large during my continuance therein, so help me God. Subscribed and sworn to before me this ~ day of Nove-r ·~ ~ Mun1c1pal JUdge I • - l . • • • • BY AUTHORITY ORDINANCE NO. COUNCIL BILL NO . 50 SERIES OF 197-=-9---~B Y A BILL FOR AN ORDINANCE AMENDING CHAPTER 2, TITLE XIV, OF '69 E.M.C. (MODIFIC A- TION TO MODEL TRAFFIC RULES) BY ADDING A NEW SECTION THERET O 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 approve d by the Director of Finance, or his designee. This provis i on shall not apply to metered parking spaces where parking meter zones have been established. (b) Fees. An annual fee of $ shall be charged for each permit issued for a vehicle when proof of residence in the appropria te I • - • • • • • • block is baaed on a current Colorado Motor Vehicle Registration for the vehicle. An annual fee of $ shall be charged for each perait 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 Noveaber, 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 • • - - • • • • • ORDINANCE NO. SERIES OF 197-9-- • • • ~~/I-IC/-1q BY AUTHORITY A BILL FOR 7 D 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 hereby 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 shoplifting in amounts less than Two Hundred Dollars ($200) within the major 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 • - - •' • • • • I 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 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the day of November, 1979 • Janice L. Watkins I • • - .- • • • • • • • • ~ft)~ ~//-5-7f ~Ma~ 11-'7-t9 BY AUTHORITY ORDINANCE NO.~---- SERIES OF 1979 COUNCIL BILL NO. 45 INJ:13.0DUCED BY A BILL FOR (!£_4F 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~cipal 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; 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 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 compe~ent 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 fi.ned 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 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 • - - • • • • • • (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 add i tional information as may be required by the Director concerning the physical facilities and equipment, as in the judgment o f 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 • - • • • • • 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 -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 l ong 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 n.-e 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 brouqht to said premises. (d) Upon receipt of such notification, the Police Department shall furnish such information to the Fire Depa rtment of the city. (e) 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 statinq 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 • - - t • • • • • • • • 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 • ...... ~ t • (f) (g) (h) (i) (j) (k) (1) (m) (n) (o) • • "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. "Cat, female"--Any cat of the female gender upon which no alternative surgery of the genital organs has been performed. "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. "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. "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). "Finance Director"--Director of Finance, ex officio City Clerk-Treasurer. "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. tD "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. "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. "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 • - • • • • • • (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; IMPOUNDMENT; NOTICE; DISPOSITION (a) Any cat or cats found running at large and/or creating a public nuisance shall be taken by the Animal Warden ar.d 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 • - ( c • • • • • • (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 tQ 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 wi thout 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: 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 W~rden 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 • - ( • • • • • • ll-ll-31: 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 11-11-22 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. ll-ll-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 (1) copy to be issued to the cat owner and one (1) 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. ll-ll-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. ll-ll-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} 11-11-41: Article III --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. DEFINITIONS -ANIMALS IN GENERAL (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 r uninant 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 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 • - • • ( • • • 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, drink 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 .C 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. ll-ll-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 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- W1th 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 City Clerk -18- I • ...... ( • • • , I • • • 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. Jan1ce L. Watkins -19- • I •