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Home My WebLink About1977-02-22 (Regular) Meeting Agenda- • • • (• - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL FEBRUARY 22, 1977 7 :30 P.M . Call to order, invocation by Reverend Kurt Nemitz, New Church, 3118 South York Street, pledge of allegiance by Boy Scout Troop #92 , and roll call . 1. Minutes. (a) Minutes of the regular meeting of February 7, 1977 . (Copies enclosed.) 2 . Pre-Scheduled Vi si tors . (a) Mrs . Jean Carlberg, President of the Arapahoe County League of Women Voters, will be present to discuss flood control along Little Dry Creek. (b) Mr. Jim Tr eece , Chairman, Mr . Charles Griffith , Director, and Mr . Dean Gray, Business Manager of Arapahoe House Detoxification Center, will appear concerning funds for purchase of a facility at 3301 South Grant . (Resolution appropriating funds in the General Fund enclosed.) 3 . Communications -No Action Recommended. (a) Minutes of the Planning and Zoning Commission meeting of January 18, 1977. (Copies enclosed.) (b) Minutes of the Denver Regional Council of Govern- ments meeting of January 19, 1977. (Copies enclosed .) (c) Minutes of the Parks and Recreation Commiss ion meetings of January 20 and February 10, 1977 . (Copies enclosed.) ' • • - • • • • ,. - Page 2 February 2 2 , 1977 3. Communications-No Action Recommended (Continued). (d) Memorandum from the City Manager concerning summonses for dog problems a t 4535 South King Court. (Copies enclosed.) (e) Memorandum from Mr. Tom Burn s , Chairman of the Englewood Housing Authority, concerning housing issues in 1977 . (Copies enclosed .) 4. Communications -Action Recommended. (a) Minutes of the Library Board meeting of Febru- ary 8, 1977 with a recommendation concerning acknowledgement of Beverly Simon's 12 years of service . (Copies enclosed.) (b) Minutes of the Board of Career Service Commis- sioners meeting of February 10, 1977 with a recommendation concerning new job descriptions . (Minutes and Resolutio~ enclosed.) (c) Memorandum from Mr . Tom Burns, Chairman of the Englewood Housing Authority, concerning naming of the Apartments for the Elderly. (Copies enclosed.) (d) Memorandum from the City Manager concerning consideration of contributions to Arapahoe Mental Health Center and the Community Arts Symphony. (Copies e nclosed.) 5 . City Attorney. Resolution. (a) Resolution endorsing the gas tax increase in the Colorado State Legislature. (Copies enclosed .) (b) Resolution concerning the naming of the Senior Center. (Copies enclosed.) Other Matters . (c) Attorney's Choice . . . , •. .. • • 0 ·. ..· \ l I or • • • t• • Page 3 February 22, 1977 6 . City Manager. (a) Memorandum from the Director of Public Works to the City Manager transmitt ing an agreement between the City of Englewood and the Colorado Department of Highways for construction on Dartmouth Avenue from Delaware to Logan Streets. (Copies enclosed.) (b) Memorandum from the Director of Finance to the City Manager concerning police professional liability insurance. (Copies enclosed.) (c) Manager's Choice. 7. Other Visitors. 8. General Discussion. (a) Mayor's Choice. (b) Council Member's Choice. • . / ... .. J • • 0 r 32xl r • • ( • REGULAR ME BTI NG: • - COUNCIL CHAMBERS CITY OF ENGLEWOOD , COLORADO February 7, 1977 lf1 The City Council of the City o f Englewood , Arapahoe County , Colorado, met in regular session on February 7, 1977 at 7:30p.m. Mayor Protem Clayton , presiding, called the meeting to order . The invocation was given by Reverend Kurt Nemitz of New Church, 3118 South York Street . The Pledge of Allegiance was led by Boy Scout Troop 1192. Mayor Protem Clayton asked for roll call. Upon the call of the roll , the f ollowing were present: Council Members Williams, Sovern , Brown, Mann, Clayton . Absent : Council Members Smith , Taylor . The Mayor Protem declared a quorum present . Also present were: City Manager McCown Assistant City Manager Nollenberger City Attorney Berardini Deputy City Clerk Johannis s on ****** COUNCILMAN MANN ~lOVED TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUARY 17 , 1977 . Councilman Severn seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Severn , Brown, Mann, Clayton. Nays: None. Absent: Council Members Smith, Taylor . The Mayor Protem declared the motion carried • * * * * * * COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF JANUARY 24, 1977. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Severn, Brown , Mann, Clayton . Nays: None. ' ,_ ' I • • Cl • • • r'ebruary 7 ' 19 T7 Page 2 • - Absent: Council Members Smith , Taylor . The ~layor Protem declared 1;he motion carried . ****** COUl CILMAi< MANN ~lOVED TO APPROVE THE MINUTES OF THE SPECIAL CI'l'Y OUNCIL MEETING OF JANUARY 31 , 1977 . ouncilman Br ovn seco nded the motion . Up o n a call of the roll , the vote res lted as follows : Ayes: Council Membe r s ;illiams , Sovern , Br ovn, Man n , Clayton . Nays: None . Absent: Council Members Smith , Taylor . The May or Protem declared the mo 1;ion c a r r ied . * * * * * * ,. . , Rod Palm r, Division ~lanager for Albert sons, loc ate d a t 51 7 5 South Broadway, was present and requested that a 3 .2 beer l icense be issu ed t o Alberts ons and that the owne r ship be changed from Valu Supermarke t t o Al ber tso n s . COUNCILMAN MANN MOVED TO IS UE A 3 .2 BEE R LICENSE ~~b A CHANGE OF OW NERSHIP FROM VALU SUPERMARK ET TO ALBERTSONS. Councilman Severn second ed the motion . Upon a call of the roll , the vote re s ulted as follovs : Ay es: Co un c il Hembers Williams , Sovern, Brown , Mann, Clayton a ys: No ne Absent: Council Hembers Smith , Taylo r . Th e Ma yo r Protem declared the motion car ried . ****** Ma yo r Pro t em Clayton we l c omed Albertsons to the community . * * * * * * Jean Carlbur g , 3 865 S. Grant, representing the League of Voters. She requested f un ds for the operatio n of the League of Women Voters f or 1977. In respo nse t o Cou ncilman Clay t on's qu es tion regarding how much they were requ es t i n g , Mr s . Carlburg stat e d that she had received no direction from the Boa rd of Dir e cto r s of the League of Women Voters and this was to be left up to the g r a nting a gency . She stated that the money that they were receiving wo u ld be used primarily for the voters guide. ****** I • • 0 - • . ( • February 7, 1977 Page 3 • 0 -I• Sa ndy Farme r, 8491 E. Long Ave. , Englewood, represen·dng the Arapahoe Me ntal Heal th Center. Mr. Farmer requested a sum of $3000 be g ranted to the center. He presented the Council with an info~~tion fo lder. He stated that as had been requested by Coun c il previously, th e Me nta l He a lth Ce nter was now providing a screening program for candid a tes fo r the police department. Councilman Severn expressed his thanks to th e Mental Health Center for the screening of candidates and possibly this program could be expanded to other areas. Dr. Farmer stated that the Mental Health Center was ranked number one in the state our of the 24 that exist in the state . ****** Stole Sandmeyer , 3775 S. Elati, Joyce Mullen, 55 95 W. Colorado Pl. Lakewood, Dianne Swaim, 1695 Stern Parkway , Littleton , we r e presen t representing the Community Arts Symphony . They requested $32 00 be granted to the Symphony. Miss Mullen stated that this represented a pproximately 10¢ per capita . She stated that the expenses of the Symphony have increased while the income of the Symphony has decreased. Miss Mullen and Mrs. Swaim gave a financial background of the Symphony. COUNCILMAN BROWN MOVED TO ADD DARYL ADAMS TO THE AGENDA FOR A PERIOD OF 5 MINUTES. Councilman Severn seconded the motion. Up on a c al l of the roll, the vote resulted as follows: Ayes: Council Members Williams, Severn, Brown, Mann, Clayton Nayes: None Absent: Council Members Smith, Taylor The May or Protem declared the motion carried. Daryl Adams, 2407 W. Hillside, Denver. Mr. Adams stated that he fel t that the fine that was given to his daughter for having a dog loose was unj u s t . She wa s fined $175. He stated that this was the first time his daughter had been fined for this particular dog. City Attorney Berardini stated that this is a court matter and that City Council does not have the authority and c a nnot interfer with c ourt pe nalties. Mr. Adams stated that he had talked to the judge and the judge had said he sho u l d present his case to City Council. Ci t y Attorney Berardini stated tha t the only thing the City Council could do is t o chang e the law and c annot do a ny thing with court penalties. COU NCILMAN BROWN MOVED TO DIRECT THE CITY MANAGER TO GIVE THE CITY COUNCIL THE FULL DETAILS OF THIS CASE SO CITY COUNCIL CAN REVIEW IT TO SEE IF CHANGES NEED TO BE MADE IN THE LAW. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: ' / . ' .· \ ! 'r I • • , Fe bruary 7, 19 77 Pa ge 4 • - Ayes : Council Members Mann, Brown, Clayton Nay es: Council Members Williams, Sovern Absent: Council Members Smith, Taylor The Mayor Protem declared the motion carried ****** I• received: "Communications -No Action Recommended" in the agenda were (a) Minutes of the DRCOG meeting of October 20, November 17, and December 15, 1976. (Copies enclosed.) (b) Minutes of the Eng l ew oo d Housing Authority me eting of January 4, 1977. (Copies enclosed.) (c) Minutes of the Planning and Zoning Commission meeting of January 4, 1977. (Copies enclosed.) (d) Minutes of the Englewood Employees Retirem nt Board meeting of February 1, 1977. (Copies enclosed.) (e) Minutes of the Water and Sewer Board meeting of January 18, 1977 . (Copies enclosed .) (f) t-1emorandum from the Director of Finance to the City Manager con- c erning the disposition of tickets on Floyd Avenue. (Copies enclosed.) Councilman Clayton commented on A. He asked why there was a delay in g etting the minutes of the DRCOG meetings of October 20 and No vemb er 17 to the City Council. Assistant City Manager Nolenberger stated that the Council had been receiving the DRCOG minutes beginning June 1976. The inclusion of th e mi nute s of the mentioned meetings were overlooked and they were included in this a genda t o c atch the Co uncil up on the DRCOG minutes. Councilman Severn stat e d that he would request DRCOG to send the minutes of the meetings to the Ci ty as soon after the meeting as possible . ****** RESO LUTION NO . ___ 9 __ , SERIE S OF 1977 A RESOLUTION TO RECLASSIFY THE POSITION OF RECORDS CLERK TO THAT OF LAW ENFORCEMENT AI DE AT GRADE 3. COUN CI Lt-L\N BROWN MOVED TO PASS RESOLUTION NO. 9, SERIES OF 1977. Councilman Ma nn seconded the motion. Upon the call o f the roll, the vote resul ted as follows : • • ' I • • 0 . , - ( • • • February 7, 1977 Page 5 • -t • Aye s: Council Members Williams, Severn, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith The Ma yor Protem declared the motion carried. * * * * * * COUNCILMAN SOVERN MOVED TO ACCEP T THE SENIOR CITIZEN ADVISORY COMMITTEE ORGANIZATION AND PROCEDURES AS SUBMITTED BY THE ENGLEWOOD PARKS AND RECREATION COMMISSION WITH THE FOLLOWING CHANGES: IIA-SHOULD READ THE PRIMARY PURPOSE OF THE ADVISORY COMMITTEE SHALL BE TO SERVE THE CITY COUNCIL BY ASSISTING AND ADVISING THE ENGLEWOOD PARKS AND RECREATION COMMISSION BY ASSISTING ADN ADVISING THE COMMISSION ON PROGRAMS, ACTIVITIES, AND NEEDS OF THE SENIOR CITIZEN AND TO SERVE AS AN INFORMATION RESOURCE. IliA -ADD AT THE END OF THE SECOND SENTENCE, AT LEAST 12 MEMBERS SHALL BE RESIDENTS OF ENGLEWOOD. AT THE END OF THE 3RD SENTENCE ADD -AND RATIFIED BY CITY COUNCIL. VD -AT THE END OF THE SENTENCE ADD, AND THE CITY COUNCIL. VIB -SHOULD READ, THE STANDING COMMITTEES OF MEMBERS OF THE SENIOR CITIZENS ADVISORY COMMITTEE SHALL BE PROGRAM, PUBLIC RELATIONS, MEMBERSHIP AND SUCH OTHERS AS THE COMMITTEE DEEMS ADVISABLE. VIIB -SHOULD READ, THIS SENIOR CITIZEN ADVISORY COMMITTEE IS ADVISORY TO THE CITY COUNCIL AND THE ENGLEWOOD PARKS AND RECREATION COMMISSION. VIII -ADD AT THE END OF SENTENCE 1, AND CITY COUNCIL. IX -ADD, THE SENIOR CITIZENS ADVISORY COMMITTEE SHALL EXPIRE 3 YEARS FROM TODAYS DATE (FEBRUARY 7, 1977, UNLESS EXTENDED BY CITY COUNCIL.) Councilman Mann seconded the motion. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Severn, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried. ****** .. ' I • • 0 ·' \ ! I . ' ~ - • • - February 7, 1977 Page 6 City Manager McCown presented the dollar amount recommended by the City Council in their study session to aid other agencies. League of Women Voters-$300, Arapahoe House for Detoxification-$6200, Arapahoe Mental Health-$3000, Commu nity Arts Symphony-$1800, JC's-$500, Parade Committee-$2000 , Chamber of Commerce-$5000, Housing Authority-$1769, Interfaith Task Force-$5400, Total-$23,969. COUNCILMAN MANN MOVED TO APPROPRIATE THE FOLLOWING AMOUNTS OF MONEY TO AID TO OTHER AGENCIES. THE LEAGUE OF WOMEN VOTERS-$300, THE ARAPAHOE HOUSE FOR DETOXIFICATION-$6200, THE ARAPAHOE MENTAL HEALTH CENTER-$10 00, THE COMMUNITY ARTS SYMPHONY $1800, THE ENGLEWOOD JC 's- $500, THE ENGLEWOOD PARADE COMMITTEE $2000, THE CHAMBER OF COMMERCE- $5000, THE ENGLEWOOD HOUSING AUTHORITY-$1769, INTER-FAITH TASK FORCE $5400, THE TOTAL $23,969 . Councilman Brown seconded the motion. Councilman Severn stated he liked the previous plan which would have permitted Council to vote on specified requests and co nsider other requests at a later date. He further stated that he felt that the Communit y Arts Symphony and the Arapahoe Mental Health Center were being slighted in this proposal. COUNCILMAN SOVERN MOVED TO AMEND THE PREVIOUS MOTION TO APPROPRIATE THE FOLLOWING AMOUNTS OF MONIES TO THE ARAPAHOE HOUSE OF DETOXIFICATION-$6200 , THE ENGLEWOOD JC's-$500, THE CHAMBER OF COMMERCE- $5 000, THE ENGLEWOOD HOUSING AUTHORITY-$1769, INTER-FAITH TASK FORCE- $5400. The amendment died for lack of a second. COUNCILMAN SOVERN MOVED TO AMEND THE PREVIOUS MOTION THAT THE CHA}ffiER OF COMMERCE CONTRIBUTION INCLUDE THE STIPULATION THAT THEY SEND THE ADVERTISING PROGRAM TO THE CITY COUNCIL FOR APPROVAL PRIOR TO GIVING THEM THE MONEY. Council Mann seconded. Councilman Brown stated that the City Council should not tie strings to a contribution of this type. He further stated that the City of Englewood would be getting its money's worth through public relations work that the Chamber of Commerce does. Councilman Severn stated that he was concerned that the Englewood contricution would be used for advertising for the City of Littleton. Upon the c all of the roll, the vote resulted as follows: Ayes: Council Members Severn, Mann Nayes: Council Members Williams, Brown, Clayton Absent : Council Members Taylor, Smith The Mayor Protem declared the motion lost for lack of majority vote . - I • • ...... • • • February 7 , 1977 Pa g e 7 • .. Cou n cilma n Severn stated that the City Council needs to evaluat e the request very closely to see where the real needs o f the c ommunity lie and whether the se organizations are meeting the stated needs. Councilman Mann stated that of all of the requests that the City Council has received, the one which in his opinion was being slighted was that of the Chamber of Commerce f or $5000. The Ch amber of Commerce is the orga nization whi c h does the r e a l s e lling of the City of Englewood. Councilma n Severn stated that all organizations that receive grants from the City of Englewood should be made to account for the spending of these funds . COUNCILMAN SOVERN MOVED TO AMEND THE ORIGINAL MOTION GRANTING THE FOLLOWING AMOUNTS OF MONEY -LEAGUE OF WOMEN VOTERS-$300 , ARAPAHOE HOUSE OF DETOXIFICATION-$6200, ENGLEWOOD JC's-$500, ENGLEWOOD UNI TED SUBURBAN CHAMBER OF COMMERCE-$5000, ENGLEWOOD HOU SING AUTHORITY-$1760, INTER-FAITH TASK FORCE -$54 00, AND TO DET ERMINE THE OTHER AMOUNTS AT A LATER DATE. Councilman Brown seconded. Upon the call of the roll, the vote resulted as follows: Ay es: Co un c il Members Severn, Mann, Brown, Clayton Nayes: Council Member Wi l liams Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried . Upon the c all of the roll, the vote on the original motion as amended resulted as follows: Ayes: Council Members Severn, Mann, Brown, Clayton Nayes: Council Member Williams Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried. * * * * * * The Council recessed at 9:05, the Council reconvened at 9:20. Upo n a call of the role the following were present -Council Members Williams, Severn, Mann, Brown, Clayton, absent -Council Members Smith, Taylo r . * * * * * * City Manag e r McCown presented a report requesting a contri- bution to the Arapahoe House of Detoxification Center for the purchase of property on South Lincoln. He indicated that the Arapahoe Detoxifi- ca tion Center was going to have to move from Porter Hospital in approxi- mat e ly 4 moriths because of the expansion at the hospital. They are - • • \ I ' ' ! ....... ( • ( • • Februa r y 7, 1977 Page 8 • looking for property and fou nd one which is the old convent associated with the St. Lo uis Catholic Church wh ich is a vailable. They are supposedly going to approach other agencies for contricutions for the purchase of this property. In the study session before the meeting Council indicated tha t they might conside r a $10,000 contribution towards this cause . The City staff is requesting that they receive direc tion f rom the Council on this matter. COUNCILMAN MANN MOVED TO DIRECT THE CITY STAFF TO PREPARE A RESOLUTION RELATING TO THE ARAPAHOE HOUSE DET OXIFICATION CEN TER PROPERTY PURCHASE AND PRESENT IT TO THE CITY COUN CIL AT ITS NEXT MEETING. Co un cilman Sever n seconded. Councilman Severn stated that Englewood cannot be the only comm unity carrying this project and that c orrespondence should be sent to other agencies s tating the City's position. Councilman Mann presented a brief hi story on the detoxification program and indic ated that the Englewood c ommunity must co ntinue to support t his projec t very actively because it is a co ntributor to th e Detoxification Center activity. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Severn, Brown, Mann, Clayton Nayes: None Absent: Co uncil Members Taylor, Smith The Mayor Protem declared the motion carried. COUNCILMAN SOVERN MOVED TO SEND A LETTER TO OTHER GOVERNMENT ENTITIES AND AGENCIES CONTAINING PERTINENT REMARKS CARRIED ON IN OUR PREVIOUS DISCUSSION. Councilman Brown seconded . Upon the call of the roll, the vote resulted as follows: Ayes: Co uncil Memb ers Williams, Severn, Brown, Mann, Clayton Nayes : Non e Abs e nt: Council Members Taylor , Smith The Mayor Pr otem declared the motion carried. * * * * * * City Manager McCo wn presented the recommend ation from the Parks a nd Re c reation Commission to name the Senior Citizen Cen t er. • • 0 . , - ( ( • ( • • Fe bru ary 7, 19 77 Page 9 • - COUNCILMAN MANN MOVED TO ACCEPT THE PARKs AND RECREATION COMMISSION RECOMMENDATION TO NAME THE SENIOR CITIZEN CENTER THE M>lL" CENTENNIAL CENT ER IN HONOR OF ELSIE MALLEY. Councilman Williams seconded. Upon t he call of the roll , the vote resulted as follows: Ayes: Council Members Williams, Sovern, Brown, Mann, Clay ton Nayes: None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion ca rried. * * * * * * INTRODUCED AS A BI LL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 3 SERIES OF 1977 AN ORDINANCE AUTHORIZING AN AGREEMENT FOR LIBRARy SERVICES BETWEEN THE ARAPAHOE REGIONAL LIBRARy DISTRICT AND THE CITY OF ENGLEWOOD, COLORADo. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 3 SERIES OF 1977. Coonoilman Sov•cn ••oond•d. Upon <h• <•Il of <h• <oll, <h• voo• resulted as follows: Ayes: Council Members Williams, Sovern, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried. ****** INTRODU CED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 4 SERIES OF 1977 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADo AND THE CITY OF LITTLETON, COLORADo RELATING TO THE USE OF ANIMAL SHELTER AND PROVIDING FOR PAYMENT AND REPEALING ANY PREVIOUS AGREEMENT REGARDING THE USE OF THE ANIMAL SHELTER BY THE CITY OF LITTLETON . / •. .. I • • ·.I , • • • Fe bruary 7, 1977 Page 10 • 0 .. COUNCILMAN MANN MOVED TO PAS S ORDINANCE NO. 4 SERIES OF 1977. Co uncilman Brown seconded . Upon the call of the roll, the vote resulted as f ollows: Ayes: Coun c i l Mem bers Williams , Sov ern , Brown, Mann, Clayton Nayes : None Absent: Council Members Taylor , Sm ith The Mayor Protem declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COU NCILMAN SOVERN BY AUTHORITY ORDINANCE NO. 5 SERIES OF 1977 AND ORD INAN CE APPROV ING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLO RADO AND THE COUN TY OF ARAPAHOE, COLORADO FOR THE USE OF THE ENGLEWO OD ANIMAL SHELTER FACILITY. COUNCI LMAN SOVERN MOVED TO PASS ORDINANCE NO. 5, SERIES OF 1977. Cou ncilman Williams seconded. Upon the call of the roll, the vote resulted as follows: Ayes: Cou ncil Members Williams, Sovern, Brown, Mann, Clayton Nay e s: None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried. * * * * * * RESOL0 TION NO. 10, SERIE S OF 1977 A RES OLUT IO N DECLARING THE INTENT OF THE CITY COUNCIL OF THE CITY OF ENGL EWOOD , COLORADO TO APPROVE THE WHOLE COST OF THE IMPROVEMENTS MADE I N AND FOR SIDEWALK IMP ROVEMENT DISTRICT NO. 76 IN THE CITY OF ENGLEWOOD, COLORADO TO APPROVE AND CONFIRM THE APPORTIONMENT OF SAID COST IN ORDERING PUB LI CATION AND MAILING IN NOTICE THEREOF TO OWNERS OF PROPERTY TO BE AS SESSED WITHIN A DISTRICT AND TO APPROVE THE COMPLETION OF SAID DISTRICT . . -• ' • I •• ' r ~ ' • • • • • February 7, 197 7 Page 11 • .. COUN CILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 10, SERIES OF 1977 AND TO SET A PUBLIC HEARING FOR MARCH 14, 1977 AT 7:30. Councilman Sovern seconded. Upon the call of the· roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried. * * * * * * RESOLUTION NO. 11, SERIES OF 1977 A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF ENGLEWOOD, COLORADO TO CREATE A SPECIAL IMPROVEMENT DISTRlCT IN THE CITY TO BE DESIGNATED AS PAVING DISTRICT NO. 24 ADOPTING DETAILS AND SPECIFICATIONS FOR THE PROPOSED DISTRICT AND ORDERING PUBLICATION AND MAILING OF THE NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR IM- PROVEMENTS IN THE DISTRICT. COU CI LMAN BROWN MOVED TO PASS RESOLUTIO N NO. 11, SERIES OF 1977 AND TO SET A PUBLIC HEARING FEBRUARY 28, 1977 AT 7:30. Councilman Mann sec onded. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Will~ams, Sovern, Brown, Mann, Clayton Nayes: None Ab s ent: Coun cil ~~bers Taylor, Smith The Mayor Protem declared the motion carried. * * * * * * City Attorney Berardini presented the situation relating to the refunding of rents to Mason property tenants . He stated that City Council s hou l d reverse their action of refunding these rents because in his legal op inion it would be a mis-appropriation of City funds. He stated that he would submit a report to Council detailing his opinion. Councilman Ma nn stated that this is not a fair procedure as City Council had already rendered their decision on the subject by voting to refund the rents. He state d that City Council should have a meeting with these people face to face and explain the situation. Councilman Mann stated that in order to eliminate the possible confusion a complete transcript of the conversation between the City Council and Mr. Criswell should be avail- able at a future meeting. Councilman Brown stated that the purpose of this meeting should be to explain why City Council did not have the authority to refund these rents to the persons affected. / ' I • • ' - • • • 0 I• - February 7, 197 7 Page 12 COUNCILMAN MANN MOVED TO ADVI SE THE 3 PEOPLE INVOLVED THAT THERE HAS BEEN A. LEGAL QUESTION RAISED IN GIVING THEM A REFUND OF THEIR RENTS AND THAT WE REQUEST A STUDY SESSION WITH THESE 3 INDIVIDUALS AND THEIR COUNCiL AND OUR LEGAL STAFF TO TALK IT OU T , ON FEBRUARY 28, 1977 AT 6:30 P .H. Councilman Sovern seconded . Upon th ca ll of the r oll, • the vote resulted as fo llows: Ayes: Council Members Wil liams , Sovern, Br own, Man n, Clay t on Nayes: one Absent: Council Members Taylor , Smith The Ma yor ProLem decla red th e moticn carri d. CitY Manag e r McCown presented a memorandum concerning the s elec t ion of water rate c onsult ants. CitY Manager McCown stated by using our city staff and an ou tside consultant considerable money could be saved in preparing a water rate analysis. The work of the water co nsultant would be basically to oversee the project and to give assistance . The cost would be appr0ximatelY $5000 -$6000. By using a water rate consultant to do the entire study, t h e cost would be anywhere from $20,000 to $30,000. In answer to councilman Williams question, City Manager HcCown stated that the stud y wou ld take approximately 6 weeks to 2 mont hs . The committee would be comprised of the Assis tant City Manager, Director o t Utilities, Director of Public Works, and the Director of Finance. COUNCILMAN MANN MOVED TO AUTHORIZE THE CITY MANAGER TO HIRE WATER CONSULTANT FOR $5000 -$6000. Councilman Brown seconded. Upon the call of the roll, the vote resulted as follows : Ayes: Council Members Williams, Severn, Brown, Mann, Clayton ayes: None Abs ent: Council Members Taylor, Smith The Mayor Protem declared the motion carried. CitY Manager McCown presented the memorandum rela ting to the liquor licensing procedures in other communities. Councilman Mann stated that he liked the idea of having liquor commission and the use of unbiased petitioning . Mayor Protem Clayton said that this item would be considered in a study session on March 14, 1977 at 6 p .m. ****** . . • " - ' • • . , f ( • • • February 7, 1977 Page 13 • - City Manager McCown asked Assistant City Manager Nollenberger to review the memorandum relating to animal control. Assistant City Manager Nollenberger stated that the dog committee recommended that emphasis be given to three areas. 1. Additional public relations to make the public more aware of the animal problem in the City of Englewood. 2. An increased inforcement program. 3. An injured animals and adopted animals program. Mr. Nollenberger more fully explained each of these programs as it re- lated to animal control. Mr. Nollenberger stated that the city is in receipt of federal funds earmarked for the combating of unemployment in the amount of $24,000. The city staff would like to employ these funds for the use in the animal control area. RESOLUTION NO. 12, SERIES OF 1977 A RESOLUTION APPROPRIATING FUNDS IN THE GENERAL FUND. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 12, SERIES OF 1977 AND REFER OTHER ITEMS FOR DISCUSSION AT A FUTURE STUDY SESSION AND ADD TO SECTION 1 IN THE AREA APPROPRIATION POLICE DEPARTMENT ANIMAL CONTROL DIVISION ADD-PUBLIC RELATIONS . Councilman Mann seconded. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Severn, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried . COUNCILMAN MANN MOVED TO HAVE A STUDY SESSION WITH THE DOG COMMITTEE ON MARCH 28, 1977 AT 6 P.M. Councilman Severn seconded . Upon th e call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Severn, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried. ****** ' I • • 0 f February 7 , 1977 Page 14 • • City }~nager McCown presen t e d a memoran dum concerning t he pending state legislation on the gasoline tax. COUNCIU!AN MANN MOVED TO DIRECT THAT A LETTER BE PREPARED SUPPORTING TilE COLORADo MUN IC IPAL LEAGUE IN A COMPROMISE PROPOS AL WITH THE STATE HIGHWAY COMMISSION , COL ORADo COUNTIES INC., AND THE CITY AND COUNTY OF DENVER TO PUSH FOR LEG ISLATION IN THE 1977 GENERAL ASSEMBLY INCREASING THE MOTOR FUEL TAX BY 2¢ A GALLON FROM THE CURRENT 7¢ A GALLO N AND THAT THE CITY ATTORNEY PREPARE A RESOLUTION TO THIS EFFECT. Councilma n Brown second ed. Upon the call of the roll, the vote re-sul t ed as fol lows: Ayes: Council Members Williams, Sovern, Brown, Mann , Clayton Nayes: None Absent: Council Members Taylor, Smith The May or Protem dec l ared the motion ca rried. COUNCILMAN MANN MOVED TO WITHDRAW ITEM 6E FR OM TH E AGENDA. Cou ncilman Williams seconded. Upon the call of the roll, the vote re-sulted as follows: Ayes: Council Members Williams, Sovern, Brown , Mann, Cla yton Nayes: None Absent : Cou ncil Members Taylor, Smith The Mayor Pro tem declared the motion carried. City Manager McCown presented a proposal to switch appro- priations in the Public Im provement Fund. He stated that Zuni street improveme nt scheduled this year is not going to be scheduled by the City of Denver because of prope rty purchas e prob lema. He also stated Sellards and Grigg, Inc. wou l d like to go ahead and begin work on the high school drainage proj ct . Mr. }!cC own said th at the City would like to exc hange the funding for these tw o programs putting Zuni stree t into 1978 and bringing the high school drainage project into 1977. COUNCILMAN BROWN MOVED TO AUTHORIZE THE MOV ING FO RWARD OF FUNDs FOR THE HIGH SCHOOL STORM DRAINAGE DESIGN FROM 1978 TO 1977 ~~ MOVE THOSE FUNDS CURRENTLY BUDGETED FOR 197 7 FOR ZU NI STREE T TO 1978 . Co un cilman Sovern seconded. Upon the call of the roll, the vo te resul ted as follows : • ,_ - I • • ·' \ ! I '!' - - { ( • • • February 7, 1977 Page 15 • -I• Ayes: Council Members Williams, Severn, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried, ****** City Manager McCown stated he received a letter from Super- intendent Harper of the Englewood schools saying that there was going to be a meeting on February 21 at 7:30 to discuss the future of the Scenic View School The letter requested th e participation of as many councilmen as possible. ****** Grady Franklin Maples, Chairman of the Englewood Centennial- Bicentennial Committee gave thanks to the Council for their motion to name the Senior Citizen Center after Elsie Malley. ****** Councilman Severn requested that the city staff find out more about the Anderson bill. ****** Councilman Severn also stated that the city must begin thinking about what the city will do when asked to share its water. ****** COUNCILMAN WILLIAMS MOVED TO ADJOURN. Councilman Severn seconded . Upon the call of the roll, the vote resulted as follows: Ayes: Councilman Members Williams, Severn, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried. The City Council was adjourned at 11:25. ' I • • 0 • REGULAR MEETING : • 0 - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO February 7 , 1977 If/ The City Council of the City of Englewo od , Arapaho e County , Colorado , met in r e gular session on February 7 , 1977 at 7:30p .m. May or Pr otem Clayto n , presiding , called the meeting t o o rder . The invocation was gi ven by Reverend Kurt Nemitz of New Church , 3118 South York Street . The Pledge of Allegiance was led by Boy Scout Troop #9 2 . May or Pr otem Clayton aske d for r oll call . Upon the call of the r oll, the following were present: Council Members Williams , Severn , Brown , Mann , Clayt on . Absent : Council Members Smith , Taylor . The Mayor Pr ot em declared a quorum present . Also present were: City Manager McCo wn Assistant City Manager Nollenberger City Attorney Berardini Deputy City Clerk Johannisson ****** COUNCIL MAN MANN ~lOVED TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUARY 17 , 1977 . Councilman Severn seconded the motion . Upon a call of the roll, the vote re sulted as follows : Ayes : Co uncil Members Williams , Seve rn, Brown , Mann , Clayton . Nays : No ne . Absent : Coun cil Members Smith , Taylor. The Mayor Protem declared the motion carried . ****** COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF THE SPECIAL CITY CO UNCI L MEETING OF JANUARY 24 , 1977. Counc ilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Aye s : Coun cil Members Williams , Severn , Brown, Mann , Clayton . Nays: None . ,_ .. I • • . , f - • • • February 7 , 1977 Page 2 • - Absent : Council Members Smith , Taylor . The Mayor Pr o tem declared the motion carried . * * * * * * COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF JANUARY 31 , 1977 . Co uncilman Brown sec o nded the motion . Up on a call of the r oll , the vote resulted as follows: Ayes: Council Members Williams , Sovern , Brown , Mann , Clayton . Nays : None. Absent: Council Members Smith , Taylor . The Mayor Protem declared the motion carried. ****** ,_ Rod Palmer , Division Manager for Albertsons , located at 5175 South Broadway , was present and requested that a 3 .2 beer license be issued t o Albertsons and that the ownership be changed from Valu Supermarket t o Albertsons . COUNCILMAN MANN MOVED TO ISSUE A 3 . 2 BEER LICENSE AND A CHANGE OF OWNERSHIP FROM VALU SUPERMARKET TO ALBERTSONS. Councilman Sovern s econded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Brown, Mann, Clayton Nays: Non e Absent: Council Members Smith, Taylor. The Mayor Protem declared the motion carried. * * * * * * Mayor Protem Clayton welcomed Albertsons to the community. ****** Jean Carlburg, 3865 S. Grant, representing the League o f Voters • She requested f unds for the operation o f the League of Women Voters for 1977. In response to Councilman Clayton's question regarding how much they were requesting, Mrs. Carlburg stated that she had received no direction from the Boa rd of Directors of the League of Women Voters and this was to be left up to the granting agency. She stated that the money that they were receiving would be used primarily for the voters guide. ****** ' • ' • • • • • February 7, 1977 Page 3 • - Sandy Farmer, 8491 E. Long Ave., Englewood, representing the Arapahoe Mental Health Center. Mr. Farmer requested a sum of $3000 be granted to the center. He presented the Council with an information folder . He stated that as had been requested by Council previously, the Mental Health Center was now providing a screening program for candidates for the police department. Councilman Sovern expressed his thanks to the Mental Health Center for the screening of candidates and possibly this program could be expanded to other areas. Dr. Farmer stated that the Mental Health Center was ranked number one in the state our of the 24 that exist in the state. ****** Stole Sandmeyer, 3775 S. Elati, Joyce Mullen, 5595 W. Colorado Pl . Lakewood, Dianne Swaim, 1695 Stern Parkway, Littleton, were present representing the Community Arts Symphony. They requested $3200 be granted to the Symphony. Miss Mullen stated that this represented approximately lOc; per capita. She stated that the expenses of the Symphony have increased while the income of the Symphony has decreased. Miss Mullen and Mrs. Swaim gave a financial background of the Symphony. ****** COUNCILMAN BROWN MOVED TO ADD DARYL ADAMS TO THE AGENDA FOR A PERIOD OF 5 MINUTES. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Brown, Mann, Clayton Nayes: None Absent: Council Members Smith, Taylor The Mayor Protem declared the motion carried . Daryl Adams, 2407 W. Hillside, Denver. Mr. Adams stated that he felt that the fine that was given to his daughter for having a dog loose was unjust. She was fined $175. He stated that this was the first time his daughter had been fined for this particular dog. City Attorney Berardini stated that this is a court matter and that City Council does not have the authority and cannot interfer with court penalties. Mr. Adams stated that he had talked to the judge and the judge had said he should present his case to City Council. City Attorney Berardini stated that the only thing the City Council could do is to change the law and cannot do anything with court penalties. COUNCILMAN BROWN MOVED TO DIRECT THE CITY MANAGER TO GIVE THE CITY COUNCIL THE FULL DETAILS OF THIS CASE SO CITY COUNCIL CAN REVIEW IT TO SEE IF CHANGES NEED TO BE MADE IN THE LAW. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: •• '/ . I I ! 'r I • • • • • • - February 7, 1977 Page 4 Ayes: Council Members Mann, Brown, Clayton Nayes: Council Members Williams, Sovern Absent: Council Members Smith, Taylor The Mayor Protem declared the motion carried ****** received: "Communications -No Action Recommended" in the agenda were (a) Minutes of the DRCOG meeting of October 20, November 17, and December 15, 1976. (Copies enclosed.) (b) Minutes of the Englewood Housing Authority meeting of January 4, 1977. (Copies enclosed.) (c) Minutes of the Planning and Zoning Commission meeting of January 4, 1977. (Copies enclosed.) (d) Minutes of the Englewood Employees Retirement Board meeting of February 1, 1977. (Copies enclosed.) (e) Minutes of the Water and Sewer Board meeting of January 18, 1977. (Copies enclosed.) (f) Memorandum from the Director of Finance to the City Manager con- cerning the disposition of tickets on Floyd Avenue. (Copies enclosed.) Councilman Clayton commented on A. He asked why there was a delay in getting the minutes of the DRCOG meetings of October 20 and November 17 to the City Council. Assistant City Manager Nolenberger stated that the Council had been receiving the DRCOG minutes beginning June 1976. The inclusion of the minutes of the mentioned meetings were overlooked and they were included in this agenda to catch the Council up on the DRCOG minutes. Councilman Sovern stated that he would request DRCOG to send the minutes of the meetings to the City as soon after the meeting as possible. ****** RESOLUTION NO. ___ 9 __ , SERIES OF 1977 A RESOLUTION TO RECLASSIFY THE POSITION OF RECORDS CLERK TO THAT OF LAW ENFORCEMENT AIDE AT GRADE 3. COUNCILMAN BROWN MOVED TO PASS RESOLUTION NO. 9, SERIES OF 1977. Councilman Mann seconded the motion. Upon the call of the roll, the vote resulted as follows: ' • ' I • • 0 • I • • • February 7, 1977 Page 5 • 0 • t• Ayes: Council Members Williams, Sovern, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith The Mayor Protem d eclared the motion carried. * * * * * * COUNCILMAN SOVERN MOVED TO ACCEPT THE SENIOR CITIZEN ADVISORY COMMITTEE ORGANIZATION AND PROCEDURES AS SUBMITTED BY THE ENGLEWOOD PARKS AND RECREATION COMMISSION WITH THE FOLLOWING CHANGES: IIA-SHOULD READ THE PRIMARY PURPOSE OF THE ADVISORY COMMITTEE SHALL BE TO SERVE THE CITY COUNCIL BY ASSISTING AND ADVISING THE ENGLEWOOD PARKS AND RECREATION COMMISSION BY ASSISTING ADN ADVISING THE COMMISSION ON PROGRAMS, ACTIVITIES, AND NEEDS OF THE SENIOR CITIZEN AND TO SERVE AS AN INFORMATION RESOURCE. IliA -ADD AT THE END OF THE SECOND SENTENCE, AT LEAST 12 MEMBERS SHALL BE RESIDENTS OF ENGLEWOOD. AT THE END OF THE 3RD SENTENCE ADD -AND RATIFIED BY CITY COUNCIL. VD -AT THE END OF THE SENTENCE ADD, AND THE CITY COUNCIL VIB -SHOULD READ, THE STANDING COMMITTEES OF MEMBERS L ~-·'HE SENIOR CITIZENS ADVISORY COMMITTEE SHALL BE PROGRAM, PUBLIC RELATIONS, MEMBERSHIP AND SUCH OTHERS AS THE COMMITTEE DEEMS ADVISABLE. VIIB -SHOULD READ, THIS SENIOR CITIZEN ADVISORY COMMITTEE IS ADVISORY TO THE CITY COUNCIL AND THE ENGLEWOOD PARKS AND RECREATION COMMISSION. VIII -ADD AT THE END OF SENTENCE 1, AND CITY COUNCIL. IX -ADD, THE SENIOR CITIZENS ADVISORY COMMITTEE SHALL EXPIRE 3 YEARS FROM TODAYS DATE (FEBRUARY 7, 1977, UNLESS EXTENDED BY CITY COUNCIL.) Councilman Mann seconded the motion. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried . * * * * * * ' 'l . -, ... .• \ ! 'r I •. • • 0 '32xl • February 7, 1977 Page 6 • .. City Manager McCown presented the dollar amount recommended by the City Council in their study session to aid other agencies. League of Women Voters-$300, Arapahoe House for Detoxification-$6200, Arapahoe Mental Health-$3000, Community Arts Symphony-$1800, JC's-$500, Parade Committee-$2000, Chamber of Commerce-$5000, Housing Authority-$1769, Interfaith Task Force-$5400, Total-$23,969. COUNCILMAN MANN MOVED TO APPROPRIATE THE FOLLOWING AMOUNTS OF MONEY TO AID TO OTHER AGENCIES. THE LEAGUE OF WOMEN VOTERS-$300, THE ARAPAHOE HOUSE FOR DETOXIFICATION-$6200, THE ARAPAHOE MENTAL HEALTH CENTER-$1000, THE COMMUNITY ARTS SYMPHONY $1800, THE ENGLEWOOD JC's- $500, THE ENGLEWOOD PARADE COMMITTEE $2000, THE CHAMBER OF COMMERCE- $5000, THE ENGLEWOOD HOUSING AUTHORITY-$1769, INTER-FAITH TASK FORCE $5400, THE TOTAL $23,969 . Councilman Brown seconded the motion. Councilman Severn stated he liked the previous plan which would have permitted Council to vote on specified requests and consider other reques ts at a later date. He further stated that he felt that the Community Arts Symphony and the Arapahoe Mental Health Center were being slighted in this proposal. COUNCILMAN SOVERN MOVED TO AMEND THE PREVIOUS MO TION TO APPROPRIATE THE FOLLOWING AMOUNTS OF MONIES TO THE ARAPAHOE HOUSE OF DETOXIFICATION-$6200, THE ENGLEWOOD JC's-$500, THE CHAMBER OF COMMERCE- $5000, THE ENGLEWOOD HOUSING AU THORITY-$1769, INTER-FAITH TASK FORCE- $5400. The amendment died for lack of a second. COUNCILMAN SOVERN MOVED TD AMEND THE PREVIOUS MOTION THAT THE CHAMBER OF COMMERCE CONTRIBUTION I NCLUDE THE STIPULATION THAT THEY SEND THE ADVERTISING PROGRAM TO THE CITY COUNCIL FOR APPROVAL PRIOR TO GIVING THEM THE MONEY. Council Mann seconded. Councilman Brown stated that the City Council should not tie strings to a contribution of this type. He further stated that the City o f Englewood would be getting its money's worth through public relations work that the Chamb er of Commerce does. Councilman Severn stated that he was concerned that the Englewood contricution would be us e d for advertising for the City of Littleton. Upon the call o f the roll, the vote resulted as follows: Ayes: Council Members Severn, Mann Nayes: Council Members Williams, Brown, Clayton Absent: Council Members Taylor , Smith The Mayor Protem declared the motion lost for lack of majority vote. ' . , ' . ' I •. • • 0 f ....... • • • February 7, 1977 Page 7 • .. Councilman Sovern stated that the City Council needs to evaluate the request very closely to see where the real needs of the community lie and whether these organizations are meeting the stated needs. Councilman Mann stated that of all of the requests that the City Council has received, the one which in his opinion was being slighted was that of the Chamber of Commerce for $5000. The Chamber of Commerce is the organization which does the real selling of the City of Englewood. Councilman Sovern stated that all organizations that receive grants from the City of Englewood should be made to account for the spending of these funds . COUNCILMAN SOVERN MOVED TO AMEND THE ORIGINAL MOTION GRANTING THE FOLLOWING AMOUNTS OF MONEY -LEAGUE OF WOMEN VOTERS-$300, ARAPAHOE HOUSE OF DETOXIFICATION-$6200, ENGLEWOOD JC's-$500, ENGLEWOOD UNITED SUBURBAN CHAMBER OF COMMERCE-$5000, ENGLEWOOD HOUSING AUTHORITY-$1760, INTER-FAITH TASK FORCE-$5400, AND TO DETERMINE THE OTHER AMOUNTS AT A LATER DATE. Councilman Brown seconded . Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Mann, Brown, Clayton Nayes: Council Member Williams Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried. Upon the call of the roll, the vote on the original motion. as amended resulted as follows: Ayes: Council Members Sovern, Mann, Brown, Clayton Nayes: Council Member Williams Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried. * * * * * * The Council recessed at 9:05, the Council reconvened at 9:20. Upon a call of the role the following were present -Council Members Williams, Sovern, Mann, Brown, Clayton, absent -Council Members Smith, Taylor. * * * * * * City Manager McCown presented a report requesting a contri- bution to the Arapahoe House of Detoxification Center for the purchase of property on South Lincoln. He indicated that the Arapahoe Detoxifi- cation Center was going to have to move from Porter Hospital in approxi- mately 4 months because of the expansion at the hospital. They are ' • / I • • ·' ' r 1 . , ~ ...... • • • February 7, 1977 Page 8 • 0 .. looking for property and found one which is the old c onvent associated with the St. Louis Catholic Church which is available. They are supposedly going to approach other agencies for contricutions for the purchase of this property. In the study session before the meeting Council indicated that they might consider a $10,000 contribution towards this cause. The City staff is requesting that they receive direction from the Council on this matter. COUNCILMAN MANN MOVED TO DIRECT THE CITY STAFF TO PREPARE A RESOLUTION RELATING TO THE ARAPAHOE HOUSE DETOXIFICATION CENTER PROPERTY PURCHASE AND PRESENT IT TO THE CITY COUNCIL AT ITS NEXT MEETING. Councilman Severn seconded. Councilman Severn stated that Englewood cannot be the only community carrying this project and that correspondenc e should be sent to other agencies stating the City's position. Councilman Mann presented a brief history on the detoxification program and indicated that the Englewood community must continue to support this project very actively because it is a contributor to the Detoxification Center activity. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried. COUNCILMAN SOVERN MOVED TO SEND A LETTER TO OTHER GOVERNMENT ENTITIES AND AGENCIES CONTAINING PERTINENT REMARKS CARRIED ON IN OUR PREVIOUS DISCUSSION. Councilman Brown seconded. Upon the call of the roll, the vote resulted as follows : Ayes: Council Members Williams, Severn, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried. * * * * * * City Manager McCown presented the recommendation from the Parks and Recreation Commission to name the Senior Citizen Center. ' • ' • • 0 ·. ' - • • • February 7, 1977 Page 9 • - COUNCILMAN MANN MOVED TO ACCEPT THE PARKS AND RECREATION COMMISSION RECOMMENDATION TO NAME THE SENIOR CITIZEN CENTER THE MALLEY CENTENNIAL CENTER IN HONOR OF ELSIE MALLEY. Councilman Williams seconded. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Severn, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried. ****** INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 3 SERIES OF 1977 AN ORDINANCE AUTHORIZING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN THE ARAPAHOE REGIONAL LIBRARY DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 3 SERIES OF 1977. Councilman Severn seconded. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Severn, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith Th e Mayor Protem declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 4 SERIES OF 1977 AN ORDINAN CE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE CITY OF LITTLETON, COLORADO RELATING TO THE USE OF AN IMAL SHE LTE R AND PROVIDING FOR PAYMENT AND REPEALING ANY PREVIOUS AGREEMENT REG ARDING THE USE OF THE ANIMAL SHELTER BY THE Cil~ OF LI'ITLET ON. • /fl • / ' I • • 0 ·.' - • • • February 7, 1977 Page 10 • - COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 4 SERIES OF 1977. Councilman Brown seconded. Upon the call of the roll, the vote r e sulted as follows: Ayes: Council Members Williams, Sovern, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried. ****** INTRODUCED AS A BILL BY COUNCILMAN SOVERN BY AUTHORITY ORDINANCE NO. 5 SERIES OF 1977 AND ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE COUNTY OF ARAPAHOE, COLORADO FOR THE USE OF THE ENGLEWOOD ANIMAL SHELTER FACILITY. COUNCILMAN SOVERN MOVED TO PASS ORDINANCE NO. 5, SERIES OF 1977. Councilman Williams seconded. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried. * * * * * * RESOLUTION NO. 10, SERIES OF 1977 A RESOLUTION DECLARING THE INTENT OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO TO APPROVE THE WHOLE COST OF THE IMPROVEMENTS MADE IN AND FOR SIDEWALK IMPROVEMENT DISTRICT NO. 76 IN THE CITY OF ENGLEWOOD, COLORADO TO APPROVE AND CONFIRM THE APPORTIONMENT OF SAID COST IN ORDERING PUBLICATION AND MAILING IN NOTICE THEREOF TO OWNERS OF PROPERTY TO BE ASSESSED WITHIN A DISTRICT AND TO APPROVE THE COMPLETION OF SAID DISTRICT. ... / .c. ' I • • • • • February 7, 1977 Page 11 • - COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 10, SERIES OF 1977 AND TO SET A PUBLIC HEARING FOR MARCH 14, 1977 AT 7:30. Councilman Severn seconded. Upon the call of the· roll, the vote resulted as follows: Ayes: Council Members Williams, Severn, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried. * * * * * * RESOLUTION NO . 11, SERIES OF 1977 A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF ENGLEWOOD, COLORADO TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN THE CITY TO BE DESIGNATED AS PAVING DISTRICT NO. 24 ADOPTING DETAILS AND SPECIFICATIONS FOR THE PROPOSED DISTRICT AND ORDERING PUBLICATION AND MAILING OF THE NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR IM- PROVEMENTS IN THE DISTRICT. COUNCILMAN BROWN ~lOVED TO PASS RESOLUTION NO. 11, SERIES OF 1977 AND TO SET A PUBLIC HEARING FEBRUARY 28, 1977 AT 7:30. Councilman Mann seconded . Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Severn, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried. * * * * * * City Attorney Berardini presented the situation relating to the refunding of rents to Mason property tenants. He stated that City Council should reverse their action of refunding these rents because in his legal opinion it would be a mis-appropriation of City funds. He stated that he would submit a report to Council detailing his opinion. Councilman Mann stated that this is not a fair procedure as City Council had already rendered their decision on the subject by voting to refund the rents. He stated that City Council should have a meeting with these people face to face and explain the situation. Councilman Mann stated that in order to eliminate the possible confusion a complete transcript of the conversation between the City Council and Mr. Criswell should be avail- able at a future meeting. Councilman Brown stated that the purpose of this meeting should be to explain why City Council did not have the authority to refund these rents to the persons affected. • ,. - / .... I • • . ' ' • • February 7, 1977 Page 12 • 0 -I• COUNCILMAN MANN MOVED TO ADVISE THE 3 PEOPLE INVOLVED THAT THERE HAS BEEN A LEGAL QUESTION RAISED IN GIVING THEM A REFUND OF THEIR RENTS AND THAT WE REQUEST A STUDY SESSION WITH THESE 3 INDIVIDUALS AND THEIR COUNCIL AND OUR LEGAL STAFF TO TALK IT OUT, ON FEBRUARY 28, 1977 AT 6:30 P.M. Councilman Severn seconded. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Severn, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried. * * * * * * City Manager McCown presented a memorandum concerning the selection of water rate consultants. City Manager McCown stated by using our city staff and an outside consultant considerable money could be saved in preparing a water rate analysis. The work of the water consultant would be basically to oversee the project and to give assistance. The cost would be approximately $5000 -$6000. By using a water rate consultant to do the entire study, the cost would be anywhere from $20,000 to $3 0,000 . In answer to Councilman Williams question, City Manager McCown stated that the study would take approximately 6 weeks to 2 months. The committee would be comprised of the Assistant City Manager, Director of Utilities, Director of Public Works, and the Director of Finance. COUNCILMAN MANN MOVED TO AUTHORIZE THE CITY MANAGER TO HIRE A WATER CONSULTANT FOR $5 000 -$6000. Councilman Brown seconded. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Severn, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried. * * * * * * City Manager McCown presented the memorandum relating to the liquor licen1,lng procedures in other communities. Councilman Mann stated that he liked the idea of having liquor commission and the use of unbiased petitioning. Mayor Protem Clayton said that this item would be considered in a study session on March 14, 1977 at 6 p.m. * * * * * * ' • / ' I • • .· \ ! I . 1 or • • • February 7, 1977 Page 13 • • .. City Manager McCown asked Assistant City Manager Nollenberger to review the memorandum relating to animal control. Assistant City Manager Nollenberger stated that the dog committee recommended that emphasis be given to three areas. 1. Additional public relations to make the public more aware of the animal problem in the City of Englewood. 2. An increased inforcement program. 3. An injured animals and adopted animals program. Mr. Nollenberger more fully explained each of these programs as it re- lated to animal control. Mr. Nollenberger stated that the city is in receipt of federal funds earmarked for the combating of unemployment in the amount of $24 ,000. The city staff would like to employ these funds for the use in the animal control area . RESOLUTION NO. 12, SERIES OF 1977 A RESOLUTION APPROPRIATING FUNDS IN THE GENERAL FUND. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 12, SERIES OF 1977 AND REFER OTHER ITEMS FOR DISCUSSION AT A FUTURE STUDY SESSION AND ADD TO SECTION 1 IN THE AREA APPROPRIATION POLICE DEPARTMENT ANIMAL CONTROL DIVISION ADD-PUBLIC RELATIONS. Councilman Mann seconded. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Severn, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried. COUNCILMAN MANN MOVED TO HAVE A STUDY SESSION WITH THE DOG COMMITTEE ON MARCH 28, 1977 AT 6 P.M. Councilman Severn seconded. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Severn, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried. * * * * * * ' • I • • ·. . , ' - • • • February 7, 1977 Page 14 • - City Manager McCown presented a memorandum co nc erning the pending state legislation on the gasoline tax. COUNCILMAN MANN MOVED TO DIRECT THA T A LETTER BE PREPARED SUPPORTING THE COLORADO MUNICIPAL LEAGUE IN A COMPROMISE PROPOSAL WITH THE STATE HIGHWAY COMMISSION, COLORADO COUN TIES INC ., AND THE CITY AND COUNTY OF DENVER TO PUSH FOR LEGISLATION IN THE 1977 GENERAL ASSEMBLY INCREASING THE MOTOR FUEL TAX BY 2¢ A GALLON FROM THE CURRENT 7¢ A GALLON AND THAT THE CITY ATTORNEY PREPARE A RESOLUTION TO THIS EFFECT. Coun cilman Brown seconded. Upon the call of the roll, the vote re- sulted as follows: Ayes: Council Members Williams, Severn, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carrie d. * * * * * * COUNCILMAN MANN MOVED TO WITHDRAW ITEM 6E FROM THE AGENDA. Councilman Williams seconded. Upon the call of the roll, the vote re- sulted as follows: Ayes: Council Members Williams, Severn, Brown, Mann, Clayton Nayes: None Absent : Council Members Taylor, Smith The Mayor Protem declared the motion carried. ****** City Manager McCown p resented a proposal to switch appro- priations in the Public Im provement Fund. He stated that Zuni street improve ment scheduled this year is not going to be scheduled by the City of Denver because of property purchase problems. He also stated Sellards a nd Grigg, Inc . would like to go ahead and begin work on the high school drainage project. Mr. McCown said that the City would like to exchange the funding for these two programs putting Zuni street into 1978 and bringing the high school drainage project into 1977. COUNCILMAN BROWN MOVED TO AUTHORIZE THE MOVING FORWARD OF FUNDS FOR THE HIGH SCHOOL STORM DRAINAGE DESIGN FROM 1978 TO 1977 AND MOVE THOSE FUNDS CURRENTLY BUDGETED FOR 1977 FOR ZUNI STREET TO 1978. Councilman Severn seconded. Upon the call of the roll, the vote resulted as fol lows: ' • ,. - / I • 0 • • February 7, 1977 Page 15 • • Ayes: Council Members Williams, Sovern, Brown, Mann, Clayton Nayes : None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried. ****** City Manager McCown stated he received a letter from Super- intendent Harper of the Englewood schools saying that there was going to be a meeting on February 21 at 7:30 to discuss the future of the Scenic View School The letter requested the participation of as many councilmen as possible. ****** Grady Franklin Maples, Chairman of the Englewood Centennial- Bicentennial Committee gave thanks to the Council for their motion to name the Senior Citizen Center after Elsie Malley. ****** Councilman Severn requested that the city staff find out more about the Anderson bill. ****** Councilman Sovern also stated that the city must begin thinking about what the city will do when asked to share its water . ****** COUNCILMAN WILLIAMS MOVED TO ADJOURN. Councilman Severn seconded. Upon the call of the roll, the vote resulted as follows: Ayes: Councilman Members Williams, Severn, Brown, Mann, Clayton Nayes: None Absent: Council Members Taylor, Smith The Mayor Protem declared the motion carried . The City Council was adjourned at 11:25. - • • 0 . , • • • F G fliE lE cu:: \'t<Er.t: r,:ec~sst v CH;;·t·:r -lZI\TJCt~ Ai~O Tr.,..sc: !>P/\C f CAll EE c • • Y "'0 ~~ I : 0 Ht C'1•v OF 1.2 GfEI' 1\"-E'I Dl! ~ l~~FO r· 'fIvE USES -~~ /\llD M'D r;Es-r~eAs, 'E E!:COURACE s•r. IM'~, T I' ~D FlESTIUC"'; JVE ZOlHIJG I.HJCII CGES r:o·r AL,.O\: Sof.LIC';-Uf!. ~ Ct:VC:~O::> : ~.T IN CUfH< I!T _ Y O::>ctJ r _QOD P:.A IN r.t<D DR.; Ir'- AGE I'.;<E!ISo viE SH.,f<E • CO' CZ .Tl f'O! FU U!lE U~~AN DEVE .OPt;Eil':' OF 'l'l·!E Uf:.STrE":i r,Rc:Ar, '"f-!.\'i' FEED 1 ~"""0 t !"i'T -~ Ci:.\ ,~~2 ~:' AND A?E P:,ES.EfJ~ _ V lf.J • rmscu_·wn.~-u~::::. liE r.:!1G.o THE CJ rv Cou:·ct_ o L:oRr: c:...osr.:.v IHTH Tt:E Ccm TV Co;:;a SSIOt:E.RS, 10 <.E CCGI-lZAI~"T OF FU"'URE OEVC_OP1-1Eifr 1 FoND -r o 11\"[ r~::no:=IHt.Tt; t.r :u·-::~ 1') !IJ!'L':-E '01!. 1 F!..OOO CON r'O~ IHL. CE A Pr.P.- Ci' ll ~ P-ANt 0[;\•r_Or>!~::;rT i!Ti1 COS';:> !'Hi FlED -o o;;.vE .. OPER M'O SER, I Tr:t. C! \' C ur;c;_ IS cc :ii;::.:;:Lo .• 0 IN s.._r:~.~ G t'l ;,!EIJ 11.:--:.H, Ti:LO j f"VH COfil!1~ TO G:~[~!j \"i~;r-: THIS !SSUE ' PO E:JT i .. !.. O."t-JGCR a;= f·!r'\JOR ;t_ooo ,_,,f','\GE Tu UE C!Ti i.I!D :·:-;;:: _ :::: o:= ACEQUA•E r-~000 COl'TF:O .• i:UST DE fl. CRE~"t:i:l :1."0 • 0 IG!CREO :Jfll~ rr-~G A DEC IS t0l. ·H' _ r-...o EE SI:-irt_E OR Et.sv, UT ,.: .l cc: .. cEr:r .. ~ ·~s T:" Tt:;::.: CHO~< T::. t·:· You, / - ' I • • 0 ' - • • • _____________ ....._._=-=-=-==----·--=-==-- • RESOLUTIO N NO.~, SERIES OF 1977 A RESOLU TION AP PROPRIATING FUNDS IN THE GENERAL FUND 2 B WHEREAS, the City Council of the City of Englewood desires to hely t he Arapah~e Hounse Detox0:J..fi:;fition Center purchase • iuUtts; 'f j 1 Ff "'¥' S: 44 ,.--c ( , .J1 ~ NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: ' ATTEST : Section 1. The f ollowing appropriation is hereby authorized in the General Fund. Source of Funds Fund Balance Appropriation 4' City Council -Aid to Other Agencies (:,, rtrD Section 2. The City Manager and Director of Finance are hereby authorized to make the above changes in the 1977 Budget of the City of Englewood. ADOPTED AND APPROVED this 21st day of February, 1977. May o r ex officio City Clerk-Treasurer I, William D. James, ex officio City Clerk-Treasurer of the City of Eng lewood, Colorado, do hereby certify that the above and foregoing is a t r ue, a ccurate and complete copy of Resolution No. ____ , Series of 1977. ex officio City Clerk-Treasurer • . '/ - .. I • • 0 - • • • • 0 - MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor and Members of Englewood Clty Council And y McCown, City Manager January 31, 1977 HALFWAY HOUSE FOR THE ARAPAHO E COUNTY ALCOHOL DETOXIFICATION CENTER Last week this office was contacted by representatives of the Arapahoe Coun ty A Jcohol Detoxification Center concerning their problems with securing a location in which to carry out their operations, The Center has been operating out of Porter's Hospital but have been told that they must move because of the hospital's expa nsion plan s . The Center has found what appears to be an ideal location for their operation at 3301 South Grant Street. This building has 6, 043 sq. ft. of space plus a finis hed basement. It includes 18 bedroom units, a large kitchen and dinin g room, meeting and conference rooms, and several rooms which would be ideal for offices . I toured this facility last Friday with the Center director, Charles Griffith, and Boardmember, Vern Mann, and found the facility to be in excellent c ond ition, Items such as refrigerator, stove, beds, etc., all go with the fa cility. T he problem the Center has, however, is in financing. The asking price, which appear s to be a very f air price, is $87,000. The purpose of contacting this office was to inquire about the possibility of the City purchas ing this facility and leasing it back to the Center. This, of course, Is your decision, and I am including the financial information below for your consideration. Mr. Griffith has indicated that a decision is needed urgently and, therefore, In dlsru ssing this with Mayor Pro Tern Clayton, it was decided that this matter could be discussed at your stud y session tonight. There are two sources of funds which can be considered as a possibility in purchasing this property and I am summarizing the pros and cons of each below. Public Improvem ent Fund I am enclosing a copy of the current Public Improvement Fund for your review. It covers the period January, 1977, through June, 1978. In reviwing the projects budgeted for 1977, there are only three for which either a fi nanci al or contractu rat obligation has not been incurred at this time .. These three projects are: ,. . / I I ' ·I , I • • . , ' r I 'r - • • • ,. . • I • • Members of Council January 31, 1977-ARAPAHOE COUNTY ALCOHOL DETOXIFICATION CENTER Page 2 Zuni Street -$50, 000 (could be done in 1978) Belleview Park Storm Repair -$50,000 Intersection Dips -$13,265 However, there are also several projects in the budget for which we cannot be sure that adequate funds are budgeted. Chief among these is the Ri ver Redevelop- ment project, In accordance with the staff report we sent you in December, we could still be $169,000 short in this fund if future land acquisitions (Winslow property) comes in at the same rate over appraisals as other properties have and we are not successful in either renegotiating or settling favorabl y our lease situation with Winslow for that property already owned by the City. Two other projects that cause concern are the North Central m storm drainage project and the Senior Citizens R~creation Center. In regard to the former, this project will hopefully be bid in the second quarter of 1977. Sellards and Grigg feel that the estimate is s t ill good but it has been some time since we h ave tested the storm drainage construction market and 1f bids come in higher, add it ional funds will have to be allocated. In regard to the Recreation Center, the budget is currently $792,000. However, the Council has previously passed a motion stating that the City will participate on a five-to-one matching basts with the E. C. B. F. to a maximum contribution by them of $150,000. This would make the City share $750, 000 for a total budget of $900,000. As I stated to you at the dinner meeting with the Parks and Recreation Commission, the soil tests have found that at least a major portion of the area on which the Center is to be constructed was a former landf111 site, Therefore, 1t is very possible that this project could cost more to construct than anticipated due to foundation require- ments. Gene ral Funds For the original budget for 1976, we had estimated Sa les Tax revenues at $3,33 7, 6 6. As you are all aware, revenues came in over our original estimates and our re- vised estimate for 1976 is $3,705 , 613. This has allowed us to revise our fund balance estimate from an original $72,613 up to $3 52,656 • However, even with this welcomed increase, expenditures are still estimated to exceed revenues 1n 1976, In fact, 1977 will be the first year since the inflationary cycle hit the nation that revenues are estimated to exceed expenditures. What this means, of course, is that we have been living off our fund balance which has / , -. I I I I .I I • • 0 f .. • • • • t• • ----~-,~·----~------------~··--==~==~=====--------~~~-- Members of Council January 31, 1977-ARAPAHOE COUNTY ALCOHOL DETOXIFICATION CENTER Page 3 fluctuated from a $350,301 figure in 1974 to the current figure of around 350, 000. In addition, the Tax Committee study showed that even with the budgetary realign- men~ made this year, that we will have a deficit by 1979 just to maintain current services unless significant new sources of revenue are found or services are decreased. You should ke ep these considerations in mind in considering this alternative. I have had some discussion with the City Attorney about this matter, and he has voiced some legal concerns. He should probably be consulted about these concerns at your meeting tonight. /Ae ,..ly, AN~£~ City Manager AMcC/p Attachments cc: B. V. Berardini, City Attorney Karl Nollenberger, Assistant City Manager • . "/ - I • • 0 ·. ', • ;- - • / ..... -.__..:.-=---- SIX llVIRTER IU!XB PUBL IC lf1lf«MMDDT NID UTI LilY FlliDS JfWLLI\RY, 1977 TO Jll£, 1978 ( 1976 1977 1977 1977 1977 1978 1978 !li1:I ill 00 ~ !lrtt ill 2w. IQI8L Sr ~ lliAitw.£ Gc.'IERAL $ 726 $ $ $ $ $ 726 '· .JlrTs TO rATE 0 t. Th CE.'ITRAL I I 46 ,666 ,, ~T-i CEi'<TP;.~ I I I l I TY Si.Jl.-c-y 522,(llJ 46,E85 522,[(0 20,(llJ 20,(Q) iiARrtmH II"0 ROVE/"Eurs 1~.830 SS,OOJ 161.830 SIO&.ALK DISTR ICT lS,(llJ lS ,(llJ TRAFFIC fi"PROVEI '£NTS 9,357 Zli<I STREET 9,357 SO,OOJ 50, Po\VIN:> DISTRICT lfl2 73 lrm~>secrroo DrP s 73 13,265 13,255 E.r & l-ou. y !JAMs 0 EVAN~ AVEMJt PAVI r.:; (P .O. ff2.4l SB,OOJ PAR KS 5B,(llJ &LLEVI &I WES T 17,585 17,585 BE ~'lEW STO!f1 REPAIR SO,OOJ SO,OOJ ln'lll+.'EST GR EENSEL r 2 2 SOUTli\ ST GREENBELT 2.728 2.728 Ei"CRSON MI NI-PAR K 3,820 3,820 \ HAND I CAPPED PLA v 1\ppARA rus 24,(llJ 24,(llJ RIVER llEvELOPt-ENT 544,646 lli,OOJ 16l,OOJ 818,646 .. G\EENI()USE l28 128 TEll~ I s/HMnaAu Coons 3,465 3,465 >:o~r:-JR CErmR 721.423 0 721 ,423 S H CErmR PARKING 22,637 22,500 /.j5,137 ;:. I'lE TRAINi r.:; FACILITY 0 REscue Urm 9 9 Pou CE!F IRE BuILD I r.:; Jloou T1 ON 2,870 lAND Acou IS ITl ON 2,870 350,(llJ 350 ,00J CITY llo<u_ Rmloeu r.:; 200,(llJ 200,(llJ LIBRARY ExPANS ION 190,(llJ l':n,(llJ Hous i NG PROJEc r ll5,826 liS &'5 fluBL I c J I<I"RRYEI'CUT FuNo Slal-TOTAL 74,761 1,539,030 780,265 211,fnJ 55,(llJ 412,500 370,(llJ 3,/.jlQ,556 FILTER flACIIWISH DISPOSAL SYSTEM 2l3,550 213,550 I·('.EUA.', f'U •p STATION RELOCAT!ttl 235,1/.j() 235JU() Br-C rrv T EAT1-1Ei'lT PLAHT ffi9,9fgl I _£69.. -• • O:Wll OTAL 1Z!LZ6.l ~Sft m!l.26S mL.001 15.5...CW ~.&:JQ lliOJm ~L561 .232. ---• 0 -----~ ···-·------..... ___ _ --.... _ .. ------- • - • • . • - -. / - SIX llWU£R BlfffT PUBLIC I t"PRQQ.mJIT PliD UTI LilY Fltlffi JmUARY, 1977 TO Jltf:, 1973 (1) (2) (3) (4) (5) kTUAL lliEOCI.M!ER ED flEw FlWS TOTAL &.ioGET PRruECl To Exro;o!MES Pm;n" r..s OF lf77 -AvAILABLE !lATE (cw,(11"ENf THRU 11!30LZ6 J..lmLZ6. 6LZll. .C2..tll ~ STOil.'1 llAAII UIGE GENERAL $ 3£A),Lj{jlj $ 726 $ 0 $ 726 s 3&L~ rROJ ECTS TO DATE 5,874,628 0 0 0 5;37:,,628 tiJRni CE NTIW. 11 5o"9,il34 46,f£6 0 46,Ef£ F,)b,SOO tlORni CEJ><TRAL 111 0 522,COO 0 522 ,oo:J 5L.2,0CO CITY SuRvEY 0 0 20,cnl 20 ,oo:J 2Q,oo:J !lARflo~ h"''ROVEI'ENT S (P .D.#23 l 17,170 161,830 0 161,830 70,cnJ SrotwALK DisTRICT 0 lS,oo:J 0 lS,oo:J D T P.AFF I c lfof'ROVEI'ENT S 6,645 9,357 0 9,357 16,002 LUN ! STR EET 0 SO ,oo:J 0 SO.oo:J so, PAviNG DrsTRI CT m 72,467 73 0 73 72/)il INTERSECTION DIPS 0 13,265 0 13,265 ::.3 ,265 &.;LThOQD & fbu.y lJAMs 3m,oo:J 0 0 0 300 , EvANs AvENUE PAVING <P.D .i!24l 0 58,oo:J 0 58,oo:J 53. PAR KS BELLEY I EW WEST 132,4G6 17,585 0 17,585 150,(1) BELLEVIEW STORM REPAIR 0 SO,oo:J 0 5(),())) so .cro NORmiEST GREENBELT 311,307 2 0 2 311,3ffi ( SOUTHn'EST GREENBELT 111l,522 2,728 0 2,723 ill,250 EI"ERSON 1\1 Nl-PARK 11,1&1 3,820 0 3,820 15,(XX) HA!oiDICAPP ED PLAY ~PARAlUS 0 0 24,(XX) 24,())) 24,oo:J , RIVER DEVELOPI'ENT 1,715,207 657,646 lGL(XX) 818 ,646 2,533,353 ~EENiilU SE 35,972 128 0 128 30 ,1 TENNIS CouRTS 116,248 3,Ll65 0 3,465 119.713 SEN I OR CENTER 70,)17 721.423 0 7"..1 ,423 792,COO SENI OR CENTER PARKING 45,463 22 ,637 22,500 45,137 gQ,f£() FIRE TRAINING FACILITY OO,oo:J 0 0 0 BQ,(XX) REscuE l.IN IT 2LI1l1 9 0 9 2Ll00 Pouce/FIRE Bu!UJ ING ])aoooUTION 12,130 2,370 0 2,370 lS,oo:J LAND Jlcou 1 s m ON 0 0 350 ,(XX) 350,())) 350,())) (tTY liALL REMJDELING 0 0 200,oo:J 200,())) 200,COO LlBAARY ExPANSION 10,(XX) 1 0 190,oo:J 190,())) 200,())) HouSI NG PROJECT 2,405.240 115,826 0 115,826 2.521,066 Fvsuc lwROVEI".ENT F~Jo~D SuB-ToTAL 12,297,611 2N5,(J.)6 %7,500 3,442,SC...6 15,74U,1Ul >:tLT ER Bo\CI(MSH DISPOSAL SYSTEM 18.450 2i3,550 0 213,550 232,())) !'clELLAN Ptw STA Tl ON RELOCA T1 ON 13,450 0 235.140 235,140 253 SXl • 81-CtTY TREATI"ENT PLANT 23.02 8.9Z~ 669.~ Q f£9,981i :z3 ,698,CE GIWID TOTf>L ~..!JSS. ~ $l..Z02...fi!JO. a~Lm 131J,CJ2Y.Zll I • • ---- 0 ·t~~:t JOE'• 1r177 PAJmH "" AUrtJJOZIJl. . --------· _ ... -·-- ·' I ! ' ·.I • ! • • • " - t • - --------------------------------~~--~~~==~-------~~-- • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION~ JANUARY 18, 1977 I. CALL TO ORDER. The regular meeting ol the City Planning and Zoning Commission was called to order at 7:06 p.m. by Chairman Tanguma in the City Counci l Chambers . Members present: Jones, Jorgenson, Park er, Pierson, D. Smit~ E . Smith , Tanguma, Wade, Williams Wanush, Ex-officio member Memb rs absent: None Also present : Assistant City Attorney DeWitt Assistant Dir ctor Romans Associate Planner House II. APPROVAL OF MINUTES. Chairman Tanguma asked that the minutes of the mee tin g of January 4, 1977, be considered. Jorgenson moved: Jone s seconded: The Minutes of the January 4, 1977, meet ing be approved as written, Those voting in favor of the motion: Jones, Jorgenson, Parker, Pierson, D. Smith and Tanguma. Those voting in opposition to the motion: None Those abstaining: Smith, Wade and Williams. The Chairm an declared that the motion had carried. III. SUBDIVISION PLAT Ha mpde n Professional Pa rk Final Plat CASE #31-76B October 19, 1976 January 4, 1977 Mr. Richard Brown, 3403 South Race Street, Englewood, Colorado, appeared before the Commission to request that he be permitted to make a statement on behalf of the Kent Village Association • lie stated that the Kent Village Association had not had an opportunity to study the matter which is before the Commission, and asked that the matter lay on the Table until such time as the members of the Association had had an opportunity to do so . Commission member Donald Smith stated that the Public Hearing on the Hampden Professional Park Subdivision Plat was closed on January 4, 1977, and that no additional testimony relative to this quasi-judicial matter c ould be received at this meeting. • ' I • • ·' \ ! I , 'r - • • • • - './ ----..... Donald Smith moved: Parker s econded: -3- A Public Hearing was held on the Final Plat of the Hampden Professional Park Subdivision on January 4, 1977, after proper Notice was given and the Public Hearing on this matter was closed on January 4th; therefore, the matter is not on the agenda for this meetin g other than to receive additional informa- tion from the applicant which was requested by the Commission, and the Commission shall now return to the matters on the agenda and hear no new information relative to this matter. Mr. Brown stated that in his opinion, notice of the Hearin g was not g iven according to the Ordinance requiremen ts, and therefore any approval given in absence of a valid Hearing would be improper and unlawful . Mr. Brown stated that he was giving notice to the Commission members and to the applicant, that if they proceed on the ma tter at this meeting, "they do so at their own risk." Mr. Brown continued that the Kent Village Association owns to the east of the Larwin property and must be heard. The Association learned of the proposed Subdivision "only by h e arsay after 6:00P.M." on January 17, 1977, and had not had an opportunity to study t he matter or to discuss it wi th the Association counsel. Mr. Brown continued that the proceeding is important to Kent Village and that, in his opinion, the Commission is acting without having held a proper He aring . Commission member Donald Smith stated it is the time f or the Planning Commission and not th e audicnc to discuss this matter and called for the question. Mr. Williams moved: That the Public Hearing on the Hampden Professional Park Subdivision be reopened. Mr . DeWitt was asked if it would be proper to reopen the Hearing and he stated it would be proper; but that there are time restraints since the action on the Plat must be taken no more than thirty days from the Hearing date. The Assistant City Attorney added that tbe provisions of the Subdivision Re g ula- tions have been satisfied; but that the Commission could reopen the Hearing if there were just cause and/or a compelling reason; otherwise, the case must be concluded within the thirty-day period. Chairman Tanguma asked Assistant Director Romans if Notice of the Hearing had been given as required? The Assistant Director referred to the Plat which displayed, and stated that the sub- ject area is identified as Phases 8 and 9 on the maps which have bee n recorded as part of the Subdivision Waiver which was issued to Larwin Multi-Housing Corporation. Therefore, the notice o f the Hearing on the Final Plat had been sent by • I • • • • • ,_ - --~--------~=-==----~ • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION~ JANUARY 18, 1977 I . CALL TO ORDER. The regular meeting oJ the City Planning and Zoning Commission was called to order at 7:06 p.m. by Chairman Tanguma in the City Council Chambers , Members present: Jones, Jorgenson, Parker, Pierson, D. Smit~ E , Smith, Tanguma, Wade, Williams Wanush, Ex-officio member Membe r s absent: None Also present: Assistant City Attorney DeWitt Assistant Director Romans Associate Planner House II. APPROVAL OF MINUTES. Chairman Tanguma asked that the minutes of the meeting of January 4, 1977, be considered. Jorgenson moved: Jon es seconded: The Minutes of the January 4, 1977, meeting be approved as written, Those voting in favor of the motion: Jones, Jorgenson, Parker, Pierson, D. Smith and Tanguma . Those voting in opposition to the motion: None Those abstaining: Smith, Wade and Williams. The Chairm a n declared that the motion had carried. III. SUBDIVISION PLAT Hampden Professional Park Final Plat CASE #31-76B October 19, 1976 January 4, 1977 Mr. Richard Brown, 3403 South Race Street, Englewood, Colorado, appeared before the Commission to request that he be permitted to make a statement on behalf of the Kent Village Association • He stated that the Kent Village Association had not had an opportunity to study the matter which is before the Commission, and asked that the matter lay on the Table until such time as the members of the Association had had an opportunity to do so . Commission member Donald Smith stated that the Public Hearing on the Hampden Professional Park Subdivision Plat was closed on January 4, 1977, and that no additional testimony relative to this quasi-judicial matt er could be received at this meeting . • / ...... I • • - • • • :. - ------~~=----- • -2- I n th e int e r e s t o f making his point that the Kent Village As s o c i a tion should h ave a n opportuni t y t o study the matter, Mr . Brown rea d f rom §12-3-2 of th e Su bdivision Regulations, wh ich Sect ion p er t ains to Unlaw fu l Ac ts, and read the defini- t ion o f the terms "Divide" or "Division " Which appear in §12-3-4 (e ) o f t h e Subdivision Regulations. Mr. Brown then r e ad from §12-3-23(a) as to the me thod of giving Notice of He aring on t he Final Plat, Chairman Ta nguma asked Mr. Brown for his address, which was g iven a s 3403 Sou th Race Street, Englewood, Colorado, Co mmi s sion memb er Donald Smith asked whether or not no tice of the Public Hearing had been sent to all property owners adja- c e nt to the land being platted? Assistant City A ttorney DeWitt stated that it was his understanding that such notice had been given to all property owners immediately adjacent and adjoining the land which is to be divided, and read from §12-3-3(b) of the Subdivision Regulations, which Section sets f orth the pro- cedure by which the Plannin g Commission may waive the require- ment f or a Subdivision Plat to be prepared, approved and filed. Mr. DeWitt stated t hat a Subdivision Waiver was granted to Larwin Multi-Housing Corporation several years ago, which Waiver wa s r e corde d, toge t her with plans which divided the property r e i erred to as the "Larwin property", into nine phases, or s ections. Th e re f ore, it is his opinion that the property as a whole ha s been previously divid d and the Commission is now con s idering what i s a redivision of a prior division. Notice o f t h e Hearing on t h e Final Plat was sent to Continental Assuranc e Company, wh ich company the Assessor's records i d e nti f ied a s t h e property owner to the north of the subject a r ea , to Larwin Mu l t i-Housing Corporation, the owner of the l a nd i mm e diat e ly adjac ent to the east of the subject area, and t o the property owne rs adjacent to the subject area on the south a n d west as t h eir names appear upon the records in the Arapahoe County Assessor's office. Mr . DeWitt re-emphasized that the Subdivision Regulations require that notice be sent to owners of land "imme diately adjacent and adjoining the land proposed for subdivision," Mr. Brown commented that Larwin is shown as a party to the Subdivision on the Plat which was displayed . Mr. DeWitt explaine d that Larwin had joined in the Platting in order that the rights-of-way for East Girard Avenue and South Gilpin Way, as they adjoin th e subject area, could be platted. Mr. DeWitt explained further that R .P.R. Brothers, Ltd. have an option to purchase the subject land and are, therefore, proper parties to also appear on the Plat, Mr. DeWitt explained once again that the matter before the Planning Commission is a redivision of land which has been previously divided through a Subdivision Waiver, .. - / ' I 0 • • • - --------------------------------------------~~==~====~------~~--- • Donald Sm i th moved: Parker seconded: -3- A Public Hearing was held on the Final Plat of the Hampden Professional Park Subdivision on January 4, 1977, after proper Notice was given and the Public Hearing on this matter was closed on January 4th; therefore, the matter is not on the agenda for this meeting other than to receive additional informa- tion from the applicant which was requested by the Commission, and the Commission shall now return to the matters on the agenda and hear no new information relative to this matter. Mr . Brown stated that in his opinion, notice of the Hearing was not given according to the Ordinance requireme n t s, and therefore any approval given in absence of a valid Hearing would be improper and unlawful. Mr. Brown stated that he was giving notic e to the Commission members and to the applicant, that if they proceed on the matter at this meeting, "they do so at their own risk." Mr . Brown continued that the Kent Village Association owns to the east of the Larwin property and must be heard . The Association learned of the proposed Subdivision "only by h e arsay after 6 :00P.M." on January 17, 1977, and had not had an opportunity to study the matter or to discuss it wi th the Association counsel . Mr. Brown continued that the proceeding is important to Kent Village and that, in his opinion, the Commission is acting without having held a proper He aring . Commission member Donald Smith sta t ed it is the time for the Planning Commission and not the audi e nce to discuss this matter and called for the question. Mr. Williams moved: That the Public Hearing on the Hampden Professional Park Subdivision be reopened. Mr . DeWitt was asked if it would be proper to reopen the Hearing and he stated it would be proper; but that there are time restraints since the action on the Plat must be taken no more than thirty days fro m the Hearing date. The Assistant City Attorney added that the provisions of the Subdivision Regula- tions have been satisfied; but that the Commission could r e ope n the Hearing if there were just cause and/or a compelling reason; otherwise, the case must be conclude d within the thirt y -day period . Chairman Tanguma asked Assistant Director Romans i f Notice of the Hearing had been given as required? The Assistant Di r ector referred to the Plat which displayed, and stated that the sub- j ect area is identified as Phases 8 and 9 on the maps which have bee n recorded as part of the Subdivision Waiver which was issued to Larwin Multi-Housing Corporation . Therefore, the notice of the Hearing on the Final Plat had been sent by ' • . , ./ • • •' \ ! f • • • • ... - -.--=--__ / ...... : -4- Cer t i f ied Mail to all of the property owners which are adjacent t o the land now ide ntified as Phases 8 and 9, the phases f or wh ich the Subd i vision Plat has been submitted , The Assistan t Director sta t ed that the Comprehensive Zoning Ordinance defines "adjacent" as b ing separated by a street or alley , Commi ss ion member Ed Smith poin t ed out th at we are not eva lu ating th e entire Larwin site, but onl y a portio n of it, and if the Hear ing were t o be reopened the Commission could become involved wi th a discussion abou t the entire site . Chairman Tanguma called fo r th question o n the mot i on before the Commissio n . Those members vo ting in fav o r of the motion : J ones , Jorgenson, Parker, Pierson, D. Smith, Ed Smith, Tanguma, Wade and Williams . M mbers voti n g i n o ppo sition t o the mot i on : None. T hose abstaining : No ne . Ch a irm an Tangum a declared that the motion had carried and announced t o the audience that no new ev idence would be accepte d by t he Commission other t han that additional inform~ t ion wh ich had been requested by the Commission of the applicant. Mr . Gor don Allott, 3427 South Race Street, Englewood, Colorado, addressed the Commission , Mr. Allot t stated that he had lived at that address f or three years and that he has been a lawyer since 1929. In his opinion, Mr . Allott stated, the terms "contiguous" and "adjacent" are not the same and that "contiguous " does n ot mean "adjacent ". He stated tha t he, Mr. Brown and Mr. Sullivan, t he President of the Kent Village Association, were in att endance at the meeting because they have a real con- cern that the City will permit the Larwin land to be "chopped o ff" 100 f eet at a time, until the Kent Village boundary is rea ched. Mr . Allott stated that he respectfully suggests that the Comm iss ion keep the matter open for the consideration of the Kent Villa ge residents who a re also citizens o f Englewood and p ay taxes to the City. He stated th e y are concerned about t he f uture of the Larwin property and want an opportunity to know what is being planned; having received word of the action only by wor d o f mou t h on t he spur of the moment. Mr. Allot t went on that it would be unfair for the Commission to pretend t o go ahead with the action because they don't know the resul ting impact of the proposal, Mr. Allott then addressed remarks directly to Commission member Don Smith, stating that "a gross injustice is being done" by Mr. Smith's having insisted on a vote on the motion he had made earlier in the meeting , • . ' I • • ' • • • (• - --------------------------------~~-=~~~==~-------~~-- • Mrs . Pierson moved: Mr . D. Smith seconded: -5- That the City Planning and Zoning Com- mission go into Executive Session . Those voting in f avor o f the motion: Jones, Jorge nson, Parker, Pierson, D. Smith, Ed Smith, Tanguma, Wade and Wil liams. Those voting in opposition to the motion: None. Those abstaining: None. Ch airman Tanguma announced to those in attendance that the Commission would be in Executive Session for fi f teen minutes and the Commissio n mem b ers went into the adjoining Conference Room B. The Commission was reseated at 7:45 p.m. with all me mbers pre sent, and Chairman Tanguma declared the meeting t o be in session. Mr. Williams moved: Mr. Parker seconded: That the Public He aring on the Final Plat of the Hampden Pro fe ssional Park Subdivision be reopened. Mr. Don Smith stated that the Commission is not considering a z on i ng change or a use change as related to the Larwin property or any portion thereof . Any use permitted by th e R-3, High Density Zone District , can be constructed on the land. The Com- mission is considering the further division of two portions of ground which have already been identified by a recorded Sub- division Waiver, Phases 8 and 9, into fi ft een lots with streets which will provide access to those lots . The minimum lot area which is proposed is 24,000 square feet, the minimum area on which a pro f essional office building, a permitted use in the R-3 Zone District, can be constructed. Mr. Smith reiterated that this actio n which is before the Commission will not effect the permit te d use of the land. Mr . Smith stated that the applicant must be considered and that the persons required to be notified of the He aring on t he matter before the Commissio n had been notified . Mr. Ed Smith stated tha t he concurred with Mr. Don Smit h that the Commission is not in a position at this meeting to do any- thin g about the zoning o f the land. By further delaying action, nothing would be accomplished other than to stop the developer t rom something t hat he could probably do by using a different method . For these reasons, Mr . Ed Smi t h said he would oppos e the motion. Mr. P a rker asked Mr . John Welles who had spoken at the Hearing on Ja nuary 4th, and who was in the audience at this meeting, what his address is and wh eth e r or not he had received noti c e o f the Hearing? • ' • • •• \ r f - • • ,._ • - ----------------~------------------~~-=~==~==~-------~~-- • -6- Mr. Welles stated that he l ives at 3602 South Gilpin Stree t and that he had not received notice of the Hearing because he is not adjacent to the subject property . Mr. Welles stated Mrs. Fonda had received a notice of the Hearing and that he resides "three homes down ." Chairman Tanguma re-emphasized that the zoning on the proper1;y is not being changed , that the Commis sion has abided by the rules set forth in the Subdivision Regulations and that the applicant has made every attempt to cooperate by having the streets platted to City standards and that the action should not be delayed. Mrs. Pierson stated that she c oncurred with the remarks which had been made , Mrs. Pierson stated she had been concerned also about due process ; but th a t in her opinion, the term "adjacent" is clearly defined and proper notice o f the Hearing had been given. A vote on the motion was called . Those members voting in favor of the motion were: Parker and Williams. Those members vot i n g in opposition to the motion were : Jones, Jorgenson, P ierson, D. Smith, Ed Smith, Tanguma, and Wade . Those persons absta ining: None. The Chairman declared the motion had f ailed . Chairman Tanguma addressed the audience that the matter would be r eferred to the City Council and that they could discuss it f u rther wi th the Council i f they wished to do so. Chairman Tanguma called upon the applicant to speak to the q uestion of the additional information which had been requested by the Commission at the January 4th meeting. It was noted t hat c o pies of a written response to the Commission members' questions had been received with the Commission packet on January 14, 1977 . Mr. J. D. Willis, representing the Sternberg Partnership, spoke to the question of traffic projections . Mr. Willis stated that an attempt had been made to compare the traffic which would be generate d by the 356 dwelling units which Larwin had originally proposed to construct on the property identified as Phases 8 and 9, and the probable development of that same land as a pro- fessional office park, Th fo llowing traffic proj ections were given: 1 . Traffic intensity fo r the proposed 356 dwelling unit Larwin Development would be 2,581 trips per day. 2. Traffic probable intensi ty fo r professional office use, based upon two story building envelops as shown on the • • • . ' ' - • • - ---------------------------------------=~~==~====--------~==-- • -7- preliminary plan which was previously submitted, would be 2,715 trips per day. 3. Th e traffic intensity if the sites were to be developed to their theoretical maximum capacity would be 4,505 trips per day. The projections for the 356 dwelling units were based on the f ollow ing assumptions: 25% o1 the dwelling units would be one bedroom; 50% would be two bedroom units, and 25% would be three bedroom units. The assumed tra1fic generation fact ors are: 5.5 trips per day per one bedroom; 7.25 trips per day per two bedroom ; 9 .0 trips per day per three bedroom. As to the assumed professional office use, the followi n g assumptions were made: 1. The maximum building area could not exceed 35% of the total site area. 2. An open space requirement of 25% of the total site area would be required. 3. There would be an off-street parking requirement of one space per each 300 square I eet o f rentable fl oor area. 4. Each parking space would require an average of 300 squa re feet o f area. 5. All structures would be two stories in height. 6. The professional offices would have 1250 square feet per office . 7. There would be a traffic generation factor of 30 trips per day per office. Mr. Willis stated that the traffic intensity comparison between the originally proposed 356 dwellings units on these phases of the Larwin site, and the theore tical maximum capacity used if the site were to be developed as medical o l fices , is probably not an equal evaluation, inasmuch as no study has been made to determine the absolute maximum number of possible dwelling units that could b e placed on the site . / ---- ' • • .. • \ i • • • • .. • -8- The matter o f sto rm dra inage was then reviewed by Mr . Willis, r e ferr i ng t o t he overall Larw in drainage plan which has been previous l y approv ed a nd r eco rde d, a nd which was displayed at t he meeting . Mr . Wi llis explaine d th at there are two catch ba sins, one o n eith e r side o f East Girard Avenue which is to the nor th o f the subj e ct property. These are 18 x 28-1 /2 inch arch pipe. T h e wa t e r t hen f l o ws nor t h erly through a 24 inch c onc rete p ipe to a point a t South La f ayette Street and East Floyd Av enue, a t wh ich point the inlet is 30 inches, and the runof f would then g o northerl y into the storm drainage system. The capacity of the 30 inch storm sewer is 64 CFS which is g reat e r than the projected peak flow of 57.5 CFS. Mr . Willis explained that t hese details are set forth in the addendum to t he Revised Larwin Drainage Study which was submitted to the C ity on December 16, 1976, and in the letter dated January 14, 1977, copies of which letter were sent to the Commission pr ior to this meeting . A representative of Meurer, Serafini a n d Meurer, Inc ., the Engineering firm which prepared the Subdivision Plat, referred to the drainage plan which was exh ibited and state d that the lines shown on the drainage plan in red are designed for a 100-year storm. Proceeding wi th the information requested by the Commission, Mr. Willis stated that the matter of the legal description on the Plat has been resolved and that it is acceptable to the City Engineering Division. As t o the twenty f oo t overlap in the East Girard Avenue right- o f -w a y, Mr. Willis stated that the procedure is in process now which will convey that land back to Larwin Multi-Housing Corporation in order that it can be platted by Larwin. Mr. Re gan stated that he bas discussed the matter of outstanding taxes with Mr . DeWitt. He stated that all outstanding taxes, liens, mortgages, etc. will be paid by Larwin out of the proceeds o f the sale. Mr . Parker r eferred to the reference to drainage on page 2 of the Ja nu ar y 1 4 , 1977 letter, and stated that he had been under the im p ression th at the d e t e ntion pond at Romans Park had been f ille d in a storm which wa s less than a 100-year storm • Mr . Do n Smith r eca l led th a t t h a t wa s prior to the construct io n of the storm d rainage s ystem. ~r . Parker stated tha t it is h is u n d e r s tanding that the Ci ty's s t o rm s ewer system is desig n e d f or a t wo-year storm and that the run-o ff f rom P hase s 7 , 8, and 9, plus the Larwin units, will f i ll the detention pond . He adde d that t his will cause f l o oding wh en t h e ru no f f r eaches Dartmouth . Mr . Regan g a v e e ach me mb e r o f t h e Commission a copy of th e Addendum t o the Storm Dr aina g Plan . Discussion on the storm d r ai n age p l an continue d briefl y • ,._ ..... I • • ' - (_. - • • (-£, • • ... ,. - -9- Chairman Tanguma asked Mr. Regan whether or not architectural restrictions would be placed on the development? Mr. Regan repl ied that there probably will be restrictions; but added that t he c onsideration of architectural res t rictions is premature at thi s time because they have not progressed that far in the ir plans , Mr . Willis was asked the source of the traffic projections am he stated that they are from an Institute of Traffic En gineering Technica l Bulletin, Mr. Wanush questioned whether or not the theoretical maximum ca pacity was based on a two-story design limit? Mr . Willis replied that even though it would be poss ib le to construct a five-story building under the R-3 District regulations, it would not be possible to provide parking and the required open space if each of the five fl oors con t ained more than 1,000 or 2,000 square feet. He continued that it would not be economically feasible to construct an elevator and provide the other services for a five story building, but it would be feasible to build a two or three story building. Mr. Wa n ush asked the carrying capacity if the site were develo ped with two-story structures? Mr. Willis explained that the lot sizes vary, but that base d on 1,200 square feet per office, there could be 9+ per Lot in Block 1 and up to 14 per lot in Block 2. Mr. DeWitt expressed concern that the outstanding matters such as the title to the north 20 feet of East Girard Avenue and the several judgment liens and outstanding tax e s could be cleared up within the remaining time period. He added that there is also the matter of the required pins not being in place . Mr. Don Smith asked Mr. Regan whether or not he knew the amount of time that would be neces sary to complete the action? Mr. Re g an answered that he did not know precisely how long it would take, Mr. DeWitt advised the Commission not to approve the Plat co~ ditioned upon the required action being taken; but to wait un- til the information is provided and the necessary actions com- pleted before acting on the Plat . He stated he is taking thi s position in an effort to avoid problems in the future • Mr. Rega n interjected that if the matter of the north 20 feet of East Girard Avenue cannot be resolved, he would have to replat the land in a differen t way in any event . Until the Deed to that land is obtained, 1\lr, Regan stated, he is "trying to go one step at a time." The length of time that would b e needed if an extension were to be given to the 30 day period was considered . ' •• / I • • .• \ ! ' • ( • • • - -10- Mr. DeWitt stated that Mr. Regan could give an oral waiver to the 30 day provision at this meeting. With that action, the Commission could continue the case to a date certain. Mr. Regan stated to the Commission that he is agreeable to waiving the requirement for action to be taken on the Final Plat within 30 days from the date of the Public Hearing, and added that by this statement, he was granting the Waiver. Mr . Williams moved: Mr. Parker seconded: The consideration of the Hampden Pro- fessional Park Subdivision Final Plat be continued until the meeting on March 8, 1977. During the discussion on the motion, Mrs. Pierson opined that six weeks was t oo long to delay the matter and that she did n ot feel a date certain should be in the motion. Di scussion on the motion continued. Upon the call for the question, the f ollowing members voted in favor of the motion: Jones, Jorgenson, Parker, Pierson, D. Smith, Ed Smith, Tanguma, Wade and Williams. Those voting in opposition to the motion: None. Those abstaining: None, The Chairman declared the motion to continue the mat ter until March 8, 1977, had passed. The Chairman declared a fifteen minute recess at 8:45 P.M . and announced the meeting would reconvene in the Community Room . Chairman Tanguma called the me eting to order at 9:15 p.m . in the Community Room. Upon the call of the Role, it was deter- mined that all members were present. IV. DIRECTOR'S CHOICE. Mr. Wanush stated that at the last meeting he had made the s tatement that notices sent ou t by the Code Enforcement Division relative to Non-conforming Uses are sent by Certified Mail. Mr. Wanush stated that in verifying this matter, he found that the notices are not sent by Certified Mail, but by regular mail . It was found that many persons refused to accept the Certified letter and a 90% return has been experienced by sending them out as regular mail. Mr . Wanush then called attention to a memorandum which was in the packet delivered to the members on Friday, last, which was f r om lr. Brokate, Assistant Di rector, Code Enforcement Division. In response to questions asked by Mr. Parker at a previous mee ting, Mr. Brokate stated that there were no violations of the Codes in the case o f the Day Care Center which was to be loca te d a t 2990 South Logan Street. Mr. Brokate stated in h~ me mo that to t he best 01 his knowledge, the Day Care Center is not in operation at this time. ' • ' • • •· \ r ' - ( • • • .. - I• - -11- Mr. Wanush also called attention to the request to with draw the Jefferson Professional Building Corporation rezoning application which was submitted on behalf of the Board of Dir ectors by S. C. Percefull, M.D. Mr. Wanush then discussed the projected plans for the portion of U.S . 285 which runs through Englewood. Mr . Wanush stated that there is general agreement now that a request will be made to withdraw Interstate 470 funds and that three substitute projects have been identified: The 470 Parkway and improve- ments to both South Santa Fe Drive and South Kipling Street . Mr. Wanush said that there will be from 50 to 60 million dolkrs which can be redistributed in the southwest area and the sooner we, the City, can agree to what is necessary to be done to im- prove U.S. 285, the more like ly it is that it will be approved as a project. Mr. Wanush stated that he did not mean to imply that a decision could be made at this meeting, but that he wanted to discuss the subject rather generally as to such matters as: should "through" traffic be separated from local traffic and for what distance the improvements should be con- si dered, i.e., from Broadway to Santa Fe or from a point further east from Broadway . Other matters which should be considered might be: to what extent U.S. 285 should be signalized and to what extent should there be cross traffic? Mr. Don Smith asked whether or not the Santa Fe/U.S. 285 interchange should be considered separately from U.S. 285? Mr. Wanush replied that the Interchange should be considered with the Santa Fe improvements. Mr. Wanush referred to an aerial photo, a land use map and a design for U.S. 285 prepared by SWACT, which were displayed and stated that he would like to review some of the possible solutions. The projected volume of vehicle trips per day by the year 2000 is between 55,000 and 65,000 trips; an increase of between 25% and 35%. It was pointed out that u.s. 285 is the only east-west street in the southwest area which carries traffic as far east as Havana. One way to ~leviate the con- gestion which was suggested would be to develop alterna t ive east /west routes; but upon examination by the Commission members, there appear to be none. The possibility of making U.S. 285 into a cuplet or tunneling it were discussed as well as other routes which could be used to carry traffic to and from the Cinderella City Shopping Center. The impact created by the various alternatives was discussed. Mr. Tanguma asked Mr. Wanush whether or not the staff would have the expertise to study the matter. Mr. Wanush said that the Highway Department would undoubtedly be able to assist the City. Discussion on the various plans ensued . . , -- I • • 0 •I \ { I '! - • • • • ----=-=--==-==---... dj!l"""r"'7 -12- Mr . Tanguma gave a card to Mr. Jones and expressed the apprecia- tion o f the Commission members for his service on the Commission . Mr. Jones has notified the City Council that he is not seeking reappointment to the Co mmission, The meeting was adjourned a t 10:00 P .M. _._ C( (' L < -/ I"/ 7 I " D. Andrews Roman s Recording Secretary Pro Tern •. / I • • 0 - • • • ,._ I• - ------~----------------------------~------~~==~==~=====--------~~--------~--- • Present: MINUTES COUNCIL MEETING DENVER REGIONAL COUNCIL OF GOVERNMENTS JANUARY 19, 1977 Don DeDecker, Chairman Marjorie Christiansen George Drake Doris Durdy Ruben Hartmeister Harold T. Hodges Beth Jenkins Margaret Markey Joseph McCloskey James J. Nolan Norman A. Smith Douglas Sovern Lu Ella Terry Thomas G. Thomas William Thornton Arthur Tice Jerrold Todd Robert Trenka Alfred Vitt City of Lakewood Commerce City City of Edgewater City of Brighton City of Golden City of Northglenn Cherry Hills Village Boulder County City of Thornton City and County of Denver City of Broomfield City of Englewood City of Glendale City of Arvada Town of Bow Mar City of Federal Heights City of Sheridan City of Boulder Greenwood Village Also Present: L. Dean Peterson, Alternate, Cherry Hills Village; John E. Wolyamott , Alternate, City of Edgewater; Mike Schonberg, Alternate, City of Thornton; Dallace Unger, FHWA; Thomas Benson, DRCOG Attorney; Steve Lang, Rocky Mountain News; Patricia Thorsberg, League of Women Voters of Metro Denver; Robert D. Farley, Executive Director, DRCOG; and various members of the DRCOG staff • Chairman DeDecker called the meeting to order at 7:35p.m. Roll was called and a quorum declared present, Minutes of December 15, 1976. The Council, on motion by Mr. McCloskey, supported by Mr. Todd, unanimously approved the minutes of the December 15, 1976 meeting as mailed. • ' • • 0 \ ! I ~ • • • - / ----------------------------------------~-=~-=~====~-------~~---------- • COUNCIL MINUTES JANUARY 19 I 1977 Page two Summary of the Executive Committee Meeting of December 15 I 1976, Chairman DeDecker reported that the Executive Committee e l e cted its officers for 1977 at its meeting this date. John P. Murphy 1 Boulder County Comm is sion er was re-elected Chairman. Charles A . Pitts 1 Arapahoe County Comm iss loner , was elected Vic e-C hairman. Report of the Chairman. 1. Chairman D e D e cker reminded Council that the 1977 Annual Dinner Meeting of DRCOG will be held Wednesday, March 23 1 beginning at 6:00p.m. 1 at the Pinehurst Country Club 1 6255 West Quincy Avenue. The featured speaker will be Judge Barbara G. Culver 1 Midland County Texa s, who is a Member and Past C hairman of the Permian Basin Regional Planning Commis- sion in Midland 1 and currently President of the National Association of Regional Councils. 2. The DRCOG Council will meet on Wednesday 1 March 16 1 19 77 1 its regular meeting date 1 one week prior to the Annual Dinner. 3. John V, Christensen Award nominations are due to be submitted to the Ex ecutive Committee no later than February 1, 1977. 4. Area elected o ffi cials are invited and urged to atte nd a four-hour seminar on the Section 208 Program (DRCOG Clean Water Program). Th e adoption of the Re gional Clean Water Plan 1 probably in mid-summer, will have a major impact upon the entire region, and it is imperative that local officials be fully aware of the current status and direction of the effort. The seminar is set from 8 :30a .m. to 12:30 p.m. on Saturday, January 29 1 in the DR COG Conference Room. A complete briefing on the program will be g ive n at this time. The 208 Program is the largest single project ever undertaken by DRCOG in terms of dollars 1 staff effort and consultant assistance. 5. Chairma n DeDecker referred Council members to the program for the 11th Annual Conference of the National Association of Regional Councils 1 included in the agenda. The conference is scheduled for May 1-4 1 1977 1 at San Antonio 1 Texas. Council members w ere strongly encouraged to attend this four-day conference in order to take advantage of the numerous and informative sessions with regard to the activities of other regional councils throughout the country. Elected officials wishing to attend were encouraged to contact the DRCOG Executive Office for details and assistanc e in making reservations. • . I .• I ! ' • • • • ;-• 0 .. - / ----------------------------------------~==~==~==~--------~~~------~ • COUNCIL MINUTES JANUARY 19 I 19 77 Page three Report of Committees. Program Committee. Program Committee Chairman Nolan stated that most of the ite ms discussed at the Program Committee this date are taken up later in the Council agenda, with the exception that the Program Committee heard a briefing by staff on the Parks and Open Space Plan which will be forward ed to Council in draft form at its February meeting. Final action will be requested by Council in March after which the plan will be forwarded as the Region Ill element of th e State's Park and Open Space Plan. Ad Hoc Committe e on State Planning and Manageme nt District Legislation. Mr. Smith, Committe e Chairman, reported that at the committee meeting this date, the decision was made that the committee would remain active during 1977. At this point it doesn't appear as if the committee will have anything to present to the legislature during the curre nt session, however, the committee will be meeting to formalize a position on regional legislation in preparation for the next G e neral Assembly. Mr. Smith encouraged Council members who might want to serve on this committee to contact him. Likely, a discussion on l e gislation will begin to focus at the Council Retreat scheduled for spring. Transportation Improvement Program (TIP) . Mr. Farley referred Council to attachment D of the agenda which explal ned that the 1977-81 Tra nsportation Improvement Program for Council consideration is the second such document it has reviewed. The Department of Transportation regu- lations s tipulate that a Metropolitan Planning Organization (MPO) shall prepare and adopt annually, a Transportation Improvement Program which includes a multi-year program of highway and public transportation improvements, as well as an Annual Element. This Ann u al Element spells out those spe cific improve- ments to be mad e in the c urre nt year. Preparation of a TIP is one of the mo st important activities of an MPO. Similar to a local capital improvement program, the Trans portation Improvement Program provides the basis for expenditure of capital funds for street, highway, and public transportation facilities . Unlike a long -range plan, the TIP specifies and will result in almost immediate improve - me nts to the r e gion 's transportation systems. The 1977-81 Transportation Improvement Program has been prepared through a process providing clos e coordination and involvement of the transportation implementing agencies. The Colorado Division of Highways, Regional • • f • • COUNCIL MINUTES JANUARY 19, 1977 Page four • - Transportation District and local governments of the metropolitan area all participated directly In Its prepara tion. Included in this document are more than $300 million worth of highway and public transportation Improvements to be accomplished in the metropolitan area over the next five years. These projects range from major improvements to the Interstate System to mi nor signallzat.ion projects on the Federal-Aid Urban System. Included also a re purchases of various types of public transportation equipment and constructlon of a major bus maintenance facility. The TIP was presented for Council consideratlon and action on behalf of the Joint Regional Planning Program. The JRPP Regional Director has reviewed and endorsed the document and forwarded to Council for favorable action on behalf of JRPP. The Program Committee unanimously recomm ended Council adoption of the TIP. The Council on motion by Mr. Todd, sup ported by Mr. Sovern, unanimously adopted Resolution No. 1, 1977, A Resolution To Adopt The "Trans portation Improvement Program". (A signed copy of Resolution No. 1, 1977, is attached to and made a part of the file copy of these minutes.) Air Quality Consistency Statement. Mr. Farley presented this item, sta ting that Council rece ived the entire written document by mall; and a summary was included with the agenda. This document will be com ing to Council annually. Program Committ13e has reviewed it and recommended Council adoption. Mr. Nolan stated that the Program Committee met with three members of the State Air Pollution Control Commission which had expres sed objection to the document for the Commission's lack of involvement in transportatlon planning. Members of the Air Pollution Control Commission expressed repeated concerns about continued growth in the metropolitan area, its affect on air pollution and the lack of response by local governments. They were not recommending that this report be turned down, but that they work closer with DRCOG in the future. The Co uncil , on motion by Mayor Thornton, supported by Mr. Thomas, un an imously adopted Resolution No.2, 1977 , A Resolution Declaring the Adopted IRPP Transportation Plans Consistent with the Current State Implementation Plan Adopted by the Air Pollution Control Commission; and directed the DRCOG Chairman to appo1n t stnff re presentation (cont'd ) ' • ,_ ·' \ ! .,. I • • - • • • 0 - ---------------------------------=~~====----- • COUNCIL MINUTES JANUARY 19, 1977 Page five to work with the Air Pollution C ontrol Comm ission to develop their language a nd that the Chairman appoint the Program Committee to be empowered to act on those c h anges so they can be submitted before the next monthly meeting. (A signed copy of Resolution No . 2 , 1977 is attached to and made a part of the file copy of these minutes.) Memorandum of Agre ement on the MPO Designation , Mr. Farley reported that the Program Committee unanimously recommended Council adoptlon of th e Memorandum of Agreement with the sugge sted c ha nges as shown in the agenda . These amendments were proposed after the Council first adopted the Memora nd um of Agreement several months ago. At the January meeting, Council t a bled action on the proposed Memora ndum of Agreement between the three agencie s, until the agreement with its proposed amendments was accepted by the boards of RTD a nd the Highway Commission. Since that meeting, bot h the boards of RTD and the Highway Commission have taken final actlon to ado pt the proposed amendments. Council members were now encouraged to approve the proposed amendments to clear the way to receive the Metropolitan Planning Organization (MPO) designation from the Governor. The MPO designation will successfully end a three-year effort to place the transportation planning responsibility with the locally -elected officials at DRCOG. The Council, on motion by Mr. Todd,, supported by !\.';r. Smith, unan imously adopted the Memorandum of Agreement, as Amended, and authorized the DR COG Executive Director and the Chairman to execute same. Amendment to the DRCOG Articles of Association. Mr. Farley reminded Council that this proposed amendment to the Articles of Association is part of the adopted MPO Memorandum of Agreeme nt, which r e quests that DRCOG add three non-voting members, to be named by the Governor, to its policy board. The Program Committ ee unanimously recommended Council adoption of the proposed amendment. In accordance with the Articles of Associa- tion, this action requires an affirmative maj ority of the total Council membership. A majority of the Council membe rship being present, Council took the following action: • / .. • • ·' ' r ' ' .. '! • , . - --------------------------------------------~~~~~==~====~--------~~~------/--~ COUNCIL MINUTES JANUARY 19, 1977 Page six The Council on motion by Mr. Todd, supported by Mr. Trenka, unanimously amended the DRCOG Articles of Association, Article VI, Membership, Page 6, Add new section: "6. Non-Voting Membership. The State of Colorado shall have three (3) non-voting members, appointed by the Governor, on the Council. Any vacancy shall be filled in the same manner as is provided for the original a ppolntment. " Report of the Nominating Committee for Election of 1977 Officers. Mr. Smith, Chairman of the Nominating Committee, directed Council's attention to attachment H of th e agenda which reported on the nominees proposed by the committee for 1977 Council officers. The election of officers will be held at the February Council meeting, with nominations accepted from the floor providing that the consent of the nominee has been obtained in advance. Report of the Executive Director. 1. In anticipation of new officers being elected in February, staff is gathering information on advisory committees, including attendance records which will be transmitted to Council within the next week. Council members are requested to make recommendations on appointments and/or reappointments to those advisory committees no later than February 11, 1977. Those recommendations will be forwarded to the DRCOG Chairman after the election of officers in February. With reference to the Criminal Justice Advisory Committe e, the Alcohol and Drug Abus e Advisory Committee, and the Aging Advisory Committee there is a different representation with a geographic balance as required by federal guidelines, and con- sequently those committee appointments are made directly by the Chairman. Even though those committees will not be listed on the transmittal, Council members were urged to contact Mr. Farley If they have a particular Interest in, or suggestion about, an appointment to those three committees. • The Chairman Is still In need of three local elected officials to serve on the Alcohol and Drug Abuse Advisory Committee. • • Along with the Advisory Committee m<nllng, Council members wlll receive a form on which to Indicate the lr preference for serving on either the Program and/or Legislative Committees during 1977. That Information will also be turned over to the new Chairman for his conside ration In making those appointments . • ·' \ ! '! • • ' • • • COUNCIL MINUTES JANUARY 19, 1977 Page seven • 0 - 2. Any jurisdiction wishing to submit proposed amendments to adopted regional plans for the current cycle must do so by January 31st. A Publlc Hearing will be scheduled on the proposed amendments in May, with Councll taking flnal action in June. The next pla n amendment cycle will begin in July . Calendar of Policy Issues. The Councll noted the cale ndar of pending pollcy Issues and actions. Formal Communications. Council's attention was directed to a Resolution, attached to the agenda for information purposes. The Resolution, adopted by the City of Aurora, requests that the Colorado Water Quallty Control Commission support social and economic consciousness in their dellberatlons, studies and hearings relative to a revision of the water quality standard stream classification of all waters within the State of Colorado. Other Matters by Members. Chairman DeDecker reported on the meeting held January 12, 1977, for all affected communities on the transfer of I-4 70 inter-state funds. The munici- palities and counties in the southwest quadron affected by the withdrawal of I-470 and a transfer of the funds to other local projects met at DRCOG to discuss the process as adopted by the Ad Hoc Commission and to make a recommenda ion to the Highway Commission with regard to the designation of a four-lane C-470 parkway. From all Ind ications , the Governor sounds receptive to this proposal and the Colorado Division of Highways is expected to take action this week. Afterwards, there will be certain steps for affected communities to adopt resolutions to apply for the withdrawal. Actual appllcation for withdrawal probably won't be made until October 1, 1978. Mr. Farley stated that it is Important to note that those six communities need to initate that request by formal adoption of a resolution. That would then need c oncurrence by the Council (MPO) before it is transmitted to the Governor for his approval, with subsequent transmittal to the federal government. The time llne on that process is with CDH this week, and then resolutions from the local governments, and action by the DRCOG Council, presumably soon, but at least within six months. The substitution process will be initiated with the MPO. Mr. Kinstlinger has said that the substitution program Is a year or two down the road, except for possibly two exceptions, I.e. Klpllng and Santa Fe. The entire area is ellgible and all projects must go through the regular transportation planning program. • / ·' \ ! '!' ' • • • • COUNCIL MINUTES JANUARY 19, 1977 Page eight Ad!ournment. •, • • • There being no further business to come before the Council, the meetln g adjourned at 8:20p.m. ATTEST: Robert D. Farley Executive Director Don DeDecker, Chairman Denver Regional Council of Governments ,_ I · • 0 -· \ ! ' . ' '! - ( • • f a • ( • • -. ._..:...=_ __ ENGLEWOOD PARKS & RECREATION COMMISSION Minutes of January 20, 1977 .s-c The regulor monthly meetiog of the E oglewOOd Rork, & Recreatioo Commis.ioo was called to order at 9:00 p.m. immedia tely following the joint meeting With th e Englewood City Council. Membe" pre'Cnto Alleo, Cu,hing, Hewitt, Howard, Poole , Browo and Roman,, ex officio Members absent: Mann Also present: Jerry Ro yth e r , Asst. Dir. Parks &Recreation Gar y Hav e ner, Asst. Dir. Parks & Recreatbn Cu,hlng moved, Poole aecooded, that the minutes of the November 11 , 1976 meeting be approved as mailed. Motion carried. The financial r e port for month of November 1976 was received. Cuahing moved, Hewitt aeconded, that a letcer be di rected to the City Cou oc ii adviaing th em of the Com mis.ion ' s desire to eatablish a Senior Citizeo Advisory Committee, This committ ee Will be advisory ooly to the Parks & Recreauoo Com- mis.ioo on matcers relative to the recreatiooai oeeds of the seoior Citizens. ll wl!l have oo fuo<O[ion io policy making nor realize any city monies, It is forther under- stood that the membera of the Adviaory Commitree Will be appointed by the Commission on a rotatin g basis to be establishl··d by the Commission. Motion carried. Th e Flood Plain of Little Dr y Creek and how park lands could be affected wa di•cussed, It was suggested that the Ity Engioee r, Kells Waggoner, be invited to the oext mee ting to discuss this With the Commission. The meeung wHI start at 6'30 p.m. inotead of the usual 7:30p.m. with Mr. Waggoner 's presematioo. The annual Recreatioo Couocil dinner meetiog Will not be held in February as lo past years, This eveot will be reviewed and discuased aod possibly acheduled for a later date, The meeting adjourned at 9:45 p.m. 4~~ ~~ans~ k~rding Secretary • • ' • • "' -• I• - --------------------------------~--~~~====~----~=-------- f • ENGLEWOOD PARKS & RECREATION COMMISSICN Minutes of February 10, 1977 The regular monthly meeting of the E nglewood Parks & Recreation Commission was called to order by Ruth Allen, chairman, in the Parks & Recreation Office im - mediately following the presentation on the Little Dry Creek drainage project alternates by Ke lls Waggon r, Director of Public Works. Members present: Mann, Allen, Hewitt, Cushing, Brown, Poole, Howard and Romans, ex officio Members absent: None Also present: Jerry Royther, Asst. Director, Parks & Recreation Gary Havener, Asst. Director, Parks & Recreation Hewitt moved, Poole seconded, that the minutes of January 20, 1977 meeting be approved as mailed. Motion carried. The financial r eport for month of December 1976 is not ye t available. City Council has approved the naming of the new Senior Citizen Recreation Center the ELSIE MALLEY CENTENNIAL CENTER. The renovation has started on the golf course clubhouse. The city has appointed ·a project manager and he is now on the job. In order to keep within the budget, the skylite and the shake roof had to be deleted. The Burke property has been purchased which le av s only th e Winslow property to be purchased. The city is negotiating on this and hope to have something definite to report at future meetings. Th e Annual Recreation Council dinner was discussed . The general feeling was that the dinner should be continued as a means to acknowledge the School Board, City Council and other involved in promoting the recreation program. The Recreation Council as it is now designed is not accomplishing its intended purpose. Service Clubs are not as active in the Englewood area as in the past and it is getting much harder to get lay people involved. It was suggested that the Commission assume the responsibility • .· \ ! I '! • • - Parks & Recre ati on Commi ssion Minutes of February 10, 1977 Pag e -2- • - of the dinoer. It i' felt the Yo"th Co"ocJJ do'" •erve a pw-po,e aod •ho"Id be coo- tln"ed. Mr. Ro yther Will have •ome type of reorganizatioo soggestioos aod a format for the dinner at the next meeting. (Mr. Brown left th e meeting at 8:05 p.m.) Mrs. Howard reported on the Seoior Citizen Advisory Committee meetiog held Febroary 10. The ORGANIZATION AND PROCEDURES of the committee as revised by the City Co"ocii were reviewed. The stat"s of the center was di'"'OSsed and if ali goes Well the center co"Id open in October 1977. Active senior Citizen gro"ps in the area Will be a.ked for programming soggestions. Mr. C"shlng was elected Chairman, Marte n Lathr op, vice chairman aod Cornelia Shaonon was elected secretary. The Committee Will meet the second Thorsday afterooon of each month at 2'00. Since the campos type plao With tbe c"l-de -.ac Will oot be osed, the q..,stlon of safety for those crossing from th e parking lot to the Center was discussed. The organiza tlon procedores for the Senior Citizeo Advl,ory Committee allows for fifte en members b"t there are now only thirtee n. Howard moved, Poole •econded, that recommendatioo be made to City Co"ncll that Harold R"st be made a member of the Committee and that El s i e Malley be i nvited to serve as a member h>t if she •houid dec lin e the n Bl anche Ha r vey be asked . Mo tion carried. Mr. Ro man aid he wo"Jd have the Six Qoarter Budget report ready for the ne xt meeting . A memo f r om t he Director of Utilities concerning disc"ssion by the Water and we r Board r egarding the futore "se of McLellan Reservoir was read. The Boaro ha s a r e qOe st pending from So"th S"""rban to develop this area b"t the IJoard Would like E ng le wooo to develop the area if It co"ld be done Within a reasonable time . • ·- • • • - / -----------------~~~=-===----. .._..:.... __ ---~ • Parks & Recreation Commission Minutes of February 10, 1977 Page -2- of the dinner. It is felt the Youth Council does serve a purpose and should be con- tinued. Mr. Royther will have some type of reorganization suggestions and a format for the dinner at the next meeting. (Mr. Brown left the meeting at 8:05 p.m.) Mrs. Howard reported on the Senior Citizen Advisory Committee meeting held Fe bruary 10. The ORGANIZATION AND PROCEDURES of the committee as revised by the City Council were reviewed. The status of the center was discussed and if all goes well the center could open in October 1977. Active senior citizen groups i n the area will be asked for programming suggestions. Mr. Cushing was elected chairman, Marten Lathrop, vice chairman and Cornelia Shannon was elected secretary. The Committee will meet th e second Thursday afternoon of each month at 2:00. Since the campus type plan with the cul-de-sac will not be used, the question of safety for those crossing from the parking lot to the Cen ter was discussed. The organization procedures for the Senior Citizen Advisory Committee allows for fiftee n members but there are now only thirteen . Howard moved, Poole seconded, that recommendation be made to City Council that Harold Rust be made a member of the Committee and that Elsie Malley be invited to serve as a member hlt if she should decline then Blanche Harve y be asked. Motion carried . Mr. Roman s said he would have the Six Quarter Budget report ready for the next meeting. A memo from the Director of Utilities concerning discussion by the Water and t Sewer Board regarding the future use of McLellan Reservoir was read. The Board has a request pending from South Suburban to develop thi s area but the Board would like E nglewood to develop the area if it could be done within a reasonable time. • • . ' , I r ' ' '! • • ' - I • • • • 0 I• - ----=--=------- Parks & Recreation Commission Minutes of February 10, 1977 Page -3- The Water Board would like a response from the Commission so they can give South Suburban an answer. The Commission recalled this subject had been discussed when they had r eceived the conceptual development plans for McLellan prepared by South Suburban and felt th eir position on this had not changed. Af ter further discussion, Cushing moved, Hewitt seconded, that a copy of th e correspondence and /or recom- mendations made by the Commission at that time be forwa rded to the Water and Sewe r &>ard and the City Manager together with a letter strongly indicating our interest in this area and will look forward to a response from the Water &>ard. Motion carried. Mr. Romans reminded the Commission that they should be thinking about the alternate plans for Little Dry Creek drainage because some input from the Commission will undoubtedly be requested before the final plan is adopted. Mrs . Howard recommended that a letter from the Commission be sent to City Council thanking them for the dinner meeting on january 20 and express the hope this type of meeting can be held as often as possible. Mrs. Allen informed the Commission of the Recreation and Park Commissioner's and Board Member's ~rrinar being held in Cheyenne, Wyoming March 15 and 26. She urged the members to attend if at all possible. Mr. Romans was asked where he intended the indoor rifle range included in the Capital Improvement Plan be located. He said at one time the plan was to locate it in the underground parking area at Cinderella City. It was suggested this might be a possible facility to locate at McLellan Reservoir. Mr. Mann said he had visited the new city greenhouse and he was very impressed and the staff should be complimented. The meeting adjourned at 9:20 p.m. ~ Recordil)g cretay • . , ' I · • - • • • - / --------------------------------------~==~==~==~------·~=-~------ • J L MEMORANDUM TO: Mayor and Members of Englewood City Council FROM: Andy McCown , City Wuiger DATE: Februa ry 15, 1977 SUBJECT : ANDAAL CONTROL PROBLD.~ -4535 SOUTH KING COURT At your last City Council meeting, Mr. Darrell Adams appeared before you concerning a $175 fine imposed against his daughter by the .funicipal J udg e. 1~. Adam's daughter is Sherrilynn Jean Beckner and resides at 4535 South King Court. The following is a summary of the actions in 1Junicipal Court since we started keeping summary records in late 1974 . S!JivW.ON'S COURT DATE VIOLATION FINDINGS FINE COST PAYMENT * 12/2/74 Dog-at-Lar e Guilty $ 25 $ 5 $ 30 8/28/75 Dog-a -Large II 30 5 20 8/28/75 Rabies Vaccination II 25 0 0 2/15/76 Dog -at-Large II 35 5 40 2/15/76 Rabies Vaccination 25 0 25 2/15/76 Ov er 3 Dogs II 50 0 0 3/27/76 Dog -at-Large Dismissed 0 0 0 J/27/76 Rabies Vacc ination II 0 0 0 3/27/76 Barking Dogs 0 0 0 4/30/76 Dog -at-Large Guilty 15 5 5 4/30/76 Rabies Vaccination II 25 0 0 11/1/76 Dog -at-Large II 150 5 155 11/1/76 Rabies Vaccination II 50 0 0 11/1/7 Collar reo_u i ed II 20 0 20 $450 ..!.£ $295 * Payments of $295 compa red to charges of $475 are a result of suspended fines by Judge. As you are aware, the fines imposed by Municipal Court must be within he 'imits of city and sta e l aw but are at the discretion of the Judge within hose limits. Your current ordinance calls for fines at the discre ion c f the Judge on all offenses except dog-at-large. For that offense, you have mandated $15 for the first offense, $25 for the second offense and 'lP to $]00 and 90 days in jail for the hird offense. The fine of $150 for dog-at-larg~ in this particular incident, was the fifth dog-at-arge offense that was found guilty. ~~u-:~-qu estions on this matter, I will be glad to answer them . fi:D ~~~nager PJi /p cc: B.V. Berardini, Ci y Attorney; Karl Nollenberger, Assistant City A~ger . , ' I • • • • • .. M E M 0 R A N D U M TO : En g lewood Cit y Council FROM: Thomas J . Burns , Chairman Englewood Housing Au thority DATE: February 16, 1977 SUBJECT: Housing Issues --1977 The attached position paper was adopted by the Englewood Housing Authority at our January meeting. With the new Administration about to formulate its housing policy, we t hought it timely to express some of our concerns on present housing issues. We have sent this paper to both President Carter and Patricia Harris, t he new Secretary of the Department of Housing and Urban Devel- opment. We expect that Congress will be rewriting the legislation of the 1974 Housing Act this year. Therefore, we have likewise addressed these issues to the Colorado Congressional Delegation. The position paper is herewith also presented to City Council f or your information. TJB/GAJ:ew Encl. ' • I • • 0 . , f - - • • • t• • / ------------------------------------~-=~==~==~------·--=---~----· • H 0 U S I N G I S S U E S --1 9 7 7 ADOPTED BY THE ENGLEWOOD HOUSING AUTHORITY January 25, 1977 ..... •. ' I . • 0 - • • ,. -• • HOUSING ISSUES --1977 I. SECTION 8 RENT SUBSIDY (1974 Housing and Community Development Act) • A. New Construction 1. Elderly: Englewood has been allocated 104 units under Section 8 for New Construction of apartments for the elderly. We are a prime example of an older communit y wit h a very high ratio of elderly citizens (12 -15 per cent over 62) who need special housing that is safe, decent and affordable by persons on fixed income. Typ- ical of most suburban rental markets, Englewood's rent level is too high for elderly persons to afford on their limited means. Result: Those who seek to find rental units within their means are often forced to leave Englewood to find available housing with lower rent levels. This means a break in existing social contacts at a time in life when people desperately need all of the life supports available. We have found that many older women find it impossible to continue to tnaintain themselves in their homes after the death of their spouse. Many factors--health, se- curit y, expenses, isolation, etc.--force local older residents to face the impossibility of continuing to maintain their family homes. Sadly, the affordable areas to which they are often forced to move are al so areas where elderly persons are least safe (deterior- ated housing conditions, high crime rat e, etc.). Need: Communities like Englewood need to see the con- struction of more housing specially designed to meet the needs of our high percentage of elderly residents. Our present list of elderly persons who have requested such housing numbers some 700 applicants (this with no attempt to market units at all~). Most of these persons are located in the area in and around Englewood. We need much more subsidy under the Section 8 Program to provide adequate rent levels for these people, and we need additional fin ancial assistance from the Federal governme nt to help with f ront end and construction costs on such projects. 2. Large Families: Englewood's rental market has more than enough one-and two-bedroom apartment units (although ge nerally without elevators--inadequate for elderly) . • • • - • • • • ,_ 0 ,. - ~------------='--'==-===---. -=-==------- However, there are very few three-and four-bedroom units to meet the needs of large families. Generally , three- a nd f our-bed room units are single family residences, and therefore much more expensive than apartments. (Higher rent, utilities, etc.) A need does exist for construction of three-and fou r- bedroom units affordable by large families, or for much higher Fair Market Rents on three-and f our-bed room units to allow large families to afford the rent and utilities on single family residences. B. Rehabilitation 1. Elderly: Alternatives to providing specialized housing for elderly might also exist if sufficient funds were available f or renovation and rent subsidy on e xisting apartment buildings converted for use by the elderly. However, due to the very healthy rental market in Engle- wood, the availability of such units for conversion is rather limited. C. Existing Housing Thus far, Englewood has been allocated only 25 units of Section 8 Existing rent subsidy. With no other means avail- able at t he moment for a housing program for families, we have limited the Existing Program to use b y families (i.e., two or more persons). We receive a high volume of requests for housing assistance from the areas in and around Englewood where we have high concentrations of low income families (e.g., the people living in substandard housing in trailers and motels al ong South Santa Fe). Need: Allocation of more units of Section Existing subsidy, and high er Fair Market Rents to meet the existing market rent level (especially on three-and four-bedroom units). The Secti on 8 Existing Program is an excellent solution to answering th e problem of providing housing for low income persons in suburban areas. It allows the family to find their own place to live on the competitive market. It helps to support the interests of owners in the private sector, while preserving the dignity and self respect of the family . D. Present Law --1974 Housing and Community Development Act Title I of the above mentioned law provides funds to commun- ities for Community Development projects. So-called "en- titlement" cities are aware of the amount of money they can expect even before the allocation is actually made in a given fiscal year. This allows these communities to plan for their Community Development projects in advance. Not 2 •• I • • f ( ( • • ( • • / ------------------~~~~~==~-------~~--~---- so fo r t h e por tion o f the law allocating funds for housing under S ect i on 8. Communities have absolutely no idea of the amount o f f unds that will be f orthcoming for Section 8 rent subs i dy. Consequently, no advance planning is possible for ex isting housing programs under Section 8. This same dilemma also exists in regard to the allocation of Communit y Development Block Grant funds for a "non-entitlement " cit y like Englewood. Recomm e nd a tions : 1. Section 8 Rent Subsidy --Change present regulations so as to give local communities some idea of how many units are likely to be available for their use in future FY 's so as to allow for more adequate planning. 2. Communi ty Development Block Grants to "Non-entitlement" communities--Give smaller communities some idea of what funds they can expect in advance so as to allow more adequate advance planning f or community development needs. Present "competitive" system asks citizens to participate in a process of planning ev~n before they know if there is any chance of fdnding. Not a very realistic way to promote a community to become involved in planning for its needs. Also, present rating system used to select applications is too "housing oriented". It does not permit local communities to select a broader range of projects as outlined in the eligible activities. Citizen participation is ridiculous if it is a foregone conclusion that the most housing-related activities have the best chance of being selected, regardless of the actual community development needs in the area. II. PUBLIC HOUSING • A. Family Housing Again, to meet the needs of large families in this area, provision must be made for housing for larger units than are generally available on the Englewood market. However, several provisions are essential: 1. Scattered-site/Low-density units: We support the new proposed regulations from HUD (Federal Register , Novem- ber 18, 1976) calling for any new construction of Public Housing to be of this variety. Hopefully, we have all finally learned from the mistakes of the past. We know that suburban areas will simply not be receptive to any form of public housing that is not compatible with the existing community. Public housing does not have to be synonomous with the traditional "eyesores" found in all too many communities . 3 • , I ·' \ ! 'r I • ' • • ( • • --------------~~~~===---- 2. Ac quisition of Existing Units: Areas like Englewood h ave very little undeveloped land for new construct i on. Such land is expensive when available. We strongly support the idea that any new program for public hous- ing will make provision for the acquisition of existing housing by the Local Housing Authorit y . B. Housing for the Elderly We oppose any attempts in the new regulations to limit the construction of specialized housing for the elderly. Some preliminary indication would seem to point to an attempt to restrict the construction of high-rise buildings for the elderly. We feel that any such trend is directly opposed to what we see as one of the primary needs of older commun- ities like Englewood. III. HOME OWNERSHIP • Certainly one of the most critical and alarming trends facing our nation today is the fact that we are approaching a situation where only twenty per cent of the population can even hope to own their own homes. We think that home ownership needs to be addressed in two major areas. 1. Low Income Families: We feel it is necessary for HUD to address the problem of home ownership by low and moderate income persons. We are aware of several crea- tive plans where some local communities had attempted to link Section 8 HAP payments to eventual purchase of LHA-owned rental properties. Over a period of time (two to three years) the family was prepared for possible ownership. When the LHA decided the family was ready, the HAP payments would have become linked to the mort- gage pa yments on the home. Apparently present HUD REGULATIONS HAVE PROHIBITED SUCH INNOVATIVE PLANS. 2, Middle Income Families: We think that the Federal govern- ment must face the very serious problem that so-called "middle America" is now in danger of not having the op- tion of home ownership. It is no longer a problem simply f or low and moderate income families. A vital part of our heritage is at stake--the option of th e average American to own one's home • I V. HOUSING COUNSELING It seems that this area that is vital to the success of any worthwhile housing program must again be addressed. Continually the f unds for housing counseling seem to be lost somewhere in the process. No new program of public housing or home owner- s hip will be adequately met without provision for this essential element. 4 • • • ·' \ ! I 'f • • • V. PRIVATF. SECTOR Finally , we feel that the private sector should be allowed and encour aged to participate in the housing arena. We agree with the 1976 NAHRO policy document when it states public policies should stimulate and assist private initiatives and reinvestment in the City. If we can supplement public programs with private money for the good of the community, why not encourage and facilitate it. One example we would point to is HUD's recent decision that Com- munit y Development Funds can no longer be placed on deposit with private lending institutions as a means of leveraging additional private funds. When such methods answer the need for obtaining much needed monies for rehabilitation and new construction loans in high risk areas, why not allow the pri- vate sector to use public funds? After all, we are achieving our goals too! 5 ' - •. ' • • 0 - ( • • • • 0 - -----............ ==-.=-==--- ENGLEWOOD PUBLIC LIBRARY BO ARD February 8, 1977 4 4 Lacking a quorum for its scheduled meeting on February 1, 1977 , the Englewood Public Library Board met on February 8 in the library conference room. Present: Beaver, Clayton, Cloughesy, Lighthall, Mueller, Quaintance , Sterling Absent: Bennett, Shattuck Also present : Harriet Lute , Director of Libraries Car ol Pernicka , Secretary to the Board A quorum was declared present and the meet i ng ca lled to order by Chai rman Quaintance at 7:38. The new Board members were int roduced to the rest of the Board. The minutes of the January 11 meeting were approved as mailed. The narrative annual repo r t wa s discussed by the Board . By City Charter , each department must submit to the Ci t y Manager for transm it tal to the City Council a narrative report. Miss Lute told t he Board that the need for sp ace was emphasized i n the report to explain to the Co un cil why the need for a dditional s pa ce has been stressed to the Council the past year. Miss Lute also pointed out to the Board that while the library serves large numbers of people in the building, it also serves many people outside . More than 6300 people received services outside the library and bookmobile facilities in 1976. The annual st atistical report for 1976 was also given to the Board and the number s explained for the benefit of the new members. A discussion on the media centers was held, with ways to increase use mentioned . Following an explanation of the Central Colorado Library System for the new Board members, a report was given on the mas recent membership meeting by tHss Lute in the absence of Mrs. Bennett. A survey of needs was conducted through out the state during the last summer by Ruth Katz and she gave a presentation discussing th results and future plans based on them. There was also some discussion of the cost of the courier service and the possibility that the next year the indi idual libraries will have to contribute money to help s up port the service . It was also mentioned hat there is a legislative committee presently working with the Colorado Library Association on legislative matters, and a networking committee developing procedures for interlibrary loans although there are currently procedures in use on the state-wide level . The proposed position paper for system directors, a draft from December 17 , 1976, was then discussed. After considerable discussion , Mrs. Sterling moved that the Englew ood Public Library Board write a letter to William A. Murray, Chairman of the System Board of Directors, stating the concerns of the Lib rary Board about the proposed position paper. The motion was seconded and approved unanimously . Miss Lute then distributed copies of the proposed memo to the library staff on the new policy regarding reference ser vices to non -residents of Englew ood. A lette r was also di str ibuted that will be presented to non-residents explaining • • • .• ' r I f . , 'r - ( • r • • • • ./ --------.--......... -==-='=-or=-===-------'-~~ __ .....:......_ Library Board 2-8-77 page 3 Mrs. Sterling moved that the Board recommend to the City Council that the Council recognize, in whatever manner it deems appropriate, Beverly Simon's twelve years of service to the Library Board and t he City. The motion was seconded and approved unanimously. Chairman Quaintance said that he would also write a letter from the Board thanking her for her service. There being no further business, the meeting was adjourned at 9:40. Secretary to the Board 0 0 , • • 0 ....... • ( • • • .. ENGLEWOOD PUBLIC LIORARY BOARD February 8, 1977 Lacking a quorum for its scheduled meeting on February l, 1977 , the Englewood Public Library Board met on February 8 in the library conference room. Present: Beaver, Clayton, Clo ugh esy, Lighthall, Mueller, Quaintance, Sterling Absent: Ben nett , Shatt uck Also present: Harriet Lute , Director of Libraries Carol Pernicka, Secretary to the Board A quorum was declared present and the meet ing ca lled to order by Chai rman Quaintance at 7:38. The new Board members were introduced to the rest of the Board. The min utes of the J anuary ll meeting were approved as mailed. The narrative annual report was discussed by the Board. By City Charter, each de partment must submit to the City Manager for t ransm it tal to the City Co uncil a narrative report . Miss Lute told the Board that the need for space was emphasized in the repor t to explain to the Co uncil why the need f or additional s pace has been stressed to the Council the past year . Miss Lute also po inted out to the Board that while the library ser ve s large numbers of people in the building, it also serves many pe ople outside . More t han 6300 people received se rvices outside the library and book mob ile facilities in 1976. The annual st atistical report for 1976 was also given to the Board and the numbers explained for the benefit o f the new members. A discussion on the media centers was held, with ways to increase use mentioned . Following an explanation of the Central Colorado Library System for the new Board me mbers, a report was given on the most recent membership mee t ing by M1ss Lute in the absence of Mrs. Bennett. A survey of needs was conducted throughout the state during the last summer by Ruth Katz and she gave a presentation discussing the result s and future plans based on the m. There was also some discussion of the cost of the courier service and the possibility that the next yea r the individual libraries will have to con tribute money to help suppo rt the service. It was also mentioned that there is a legislative comm1ttee presently working with the Colorado Library Association on legislative matters, and a networking committee developing procedures for interlibrary loans although there are currently procedu res in use on the state-wide level . The proposed position paper for system directors, a draft from December 17, 1976, was then discussed. After considerable discussion, Mrs . Sterling moved that the Engle wood Public Library Board write a letter to William A. Murray, Chairman of the System Board of Directors , stating the concerns of the Library Board about the proposed position paper . The motion was seconded and appr oved unanimou sly . Miss Lu t e then distributed copies of the proposed memo to t he library s taff on the new policy regarding reference services to non-residents of Englew ood. A letter was also distributed that will be presented to non-residents explaining / I • • · . . , f - • • Library Board 2-0-77 page 2 • • ---~-~·=-===--- why the library can11ot give an} serv1ces other than reciprocal borrowing any longer . 1'/i th the agt·eemen t of the Boa rd, the policy ~~ill begin on r ebruary 9, a11d a copy of the letler IHll be sen t to the State Library. The Januar> slalist1cs were then discussed . The circulati on was dow n slight ly, pr1mar1ly becau8e of a drop on the bookmobile , and the number of people from Arapahoe County us1ng the library also dropped sl1 ghtly from January 1976. Miss Lute told lhe Board thal the 1brary is tryi ng to keep track of the outside programs g1~en by tt1e staff . V1s1ts were made lo two nur sing home s in January, and lhe bookrnobil' llbr<Jri an, Adellne Czarny , vis ited thi rteen school clas ses. It was explawp<.J lo the new members of the Board that he "Music Magi c" program 1s presented 1n a series of five programs by Walter Cha rles, conductor o f the Colorado Philharrnornc, and designed to in troduce young ch ildren to mu sic . The Cit tendance has bt en very tugh for this senes . The Fr1ends of t~u Library's ocl1v1ties were discussed next . The Offenbach program for the genera l membership meet ing was quite s uccessful , with over 100 people attend111g. Another Laurel and H<~rdy mov1e was s how n in the library by the Sons of the Deuert on february 7 . Although there was no other publicity than that posted 1n the library , more than 60 people attended . The s econd ann ual indoo r bar1d11<:. :;plil 1s scheduled for Ap ril 2 at the Fountain in Cinderella City . Ela ine Good, lhL lxecutive Director for the Merc hants Association, has arranged lo hire a clown to do magic tr1cks for children, and i s helping to publicize the event . The library plans to involve chi ldren in the event, giv1ng a half-pr1ce ticket for a s plit to each ch1ld who either draws a picture or wr1tes an essay of his v1ew of the llbrary or his favorite book . The ne w sculptur s rece1ved by the l1brary were show n to the Board. The new fllmstrip/cassette proJ ector recel \ed by t he library was shown to the Ooard , and "Ros1e ':.; I' all.:" presented on it . The projecto r will be used in story hours and children w1ll be able to use 1t 1nd1v1dually in conjunction with the book . It can bn uued ~11th earphones . The election of new off1cers was then held . om1nations f or Chai rman were held. 1-hss L1ghl hall nomina ed Hr . uaintance . l~rs . Sterling moved , seconded by •Irs . Cloughes> , lhat the nom1 nat1ons be closed . The motion , following some discuss1on, was Wllhdro n. Mrs . Slerl1ng then nom 1n oted Mrs. Mueller, seconded b~ Mrs. Cloughe~>· 11rs . Muelle r refused to accept the nomination . Mrs. Sterling nominated ~I iss l ighthall . ~rs. Clou yh esy moved , seconded by Counci lman Clayton, lhat the nom1nations be closed . following a secret ba llot , it was announced that ~1r . uaintar•ce had been reelected Chairman . \ominations were then opened for Vice-Chai rma n . Co unci lman Clayton nominated Hiss Lightha ll, and 1·1rs. Sterling nominated Mrs . Muelle r. Following the withdrawal of Miss Lighthal l, f.lrs. Mue ller was elecled Vice-Chairman by ac clamation. f.lrs. Uennett was reappointed to re present the Boa rd on the member shi p council of CCLS , and Mrs. Sterl~ng wil l remain the Board's liaison with the Friends . • ,_ • • - ( • • Library Board 2-8-77 page 3 • 0 t• • ---~~~-~=-=-======~---- Mrs. Sterling moved that the Board recommend to the City Council that the Council recognize, in whatever manner it deems appropriate, Beverly Simo n 's twelve years of service to the Library Board and the City. The motion was seconded and approved unanimously. Chairman Quaintance said that he would also write a letter from the Board thanking her for her service. There being no further business , the meeting was adjourned at 9:40. Secretary to the Board ' • • 0 • • ( • • 0 .. RECOMMENDATION TO THE ENGLEWOOD CITY COU NCIL fROM THE ENGLEWOOD PUBLIC LIBRARY BOARD february B, 1977 The Englewood Public Library Board recommends to the City Council that the Council recognize, in whatever manner it deems appropriate, Beverly Simon's twelve ye ars of service to the Library Board and to the City . ' •. • • 0 . , • • ... • 0 :. - / --~------------------------------~~==~==~-----~=--~---- • PRESENT: ABSENT· AJ.J3IJ PRESENT: Board of Career Service Commissioners February 10, 1977 H. R. Hosanna, Jo Ellen Turner, William Hanson, Bob Brundage and Ed White None Karl Nollenberger , Richard Lor:1g, Bernard Berardini, Mary Barnes, Arx:lrea Mikesell, Margaret Freeman, Jo Canavate Mr . Hosanna asked if there were · any additions or corrections to the Minutes of the January 20, 1977 meeting as mailed, .ffi . MUTE MOVED AND MR. BRUNDAGE SEroNDED, THAT THE M1NUTEs OF THE MEETlNG OF JA."WARY 20, 1977, BE APPROVED AS r-tAILED . The motion carried . Ayes: Hosanna, Burner, Hanson , Brundage, vlhite Nays: None * * * * * * * The first item on the agenda was the Mary Barnes Grievance. Mr. Ho sanna asked if r-1ary Barnes or her representative was in attendance. The Cha irman asked Mary Barnes if she wished to speak on her grievance . Mary Barnes stated that the call back indicated to her that she was not believed .. It had not been called to her attention previously that she was abusing sick leave. She stated that she on ly has u sed sick leave that she has coming to her. She felt that if the city was rot going to let her do that, that it should be reroved !'ran the benefit section and t hat its value not be deducted from negotiated agreements. The Chairnan asked the City if they had anything to present. Mr . Berardini asked if Mary Barnes had anyone present woo was prepared to make a statement on her behalf in reference to this matter. J o Canavate stated that even with the changes taking place that they were in a state of 1~-:Jbo as to the rules and supervision. They had a book of rules to follow, which had since been reroved , and oo one person to say what they could or couldn't do. !~. Berardini stated hat Jo Canavate's remarks were not directed to the Mary Barnes case am asked Jo if she had any kn owledge of this particular situation. o Canavate stated that she did not have any knowledge of this situation in particular. 298 • I • • • • • / -------------------------------------===~~====--~----~--~~~ ( • 'Mr . Hosanna. Chairman, asked that the police department take this matter (clarification of procedures) into consideration . Chief Holmes s1;ated that they are taking some measures to try to correct this problem. Mr. Hosanna, Chairman, stated that ~e are not here to discuss validity of sick leave . We must develop a policy amiable to all parties concerned. He thanked everyone who attended and stated that the Board would continue with its session. * * * * * * * * Mr . I..orig informed the Board of the need to add six job descriptions to the Classification Plan, Which are the following: Plant Maintenance Supervisor Operations Superintendent Electronic/Mechanical Technician Chief Mechanic Chief Laboratory Technician Computer Programmer/Systems Analyst He explained that the particular positions are according to current classification and were written according to that plan . They are for the new Bi~ity Wastewater Treatment plant authorized uroer that plan to be on line as of April 1, 1977. He stated that there are current descriptions for the plant operators, etc . , which will be valid in the new plant, oowever, the aforenentioned descriptions were not in existence in the previous plant. He stated that these positions were with the recornnen:iations of the HDR woo helped design the plant. Regarding employment for the plant, we will be testing for some positions and s ome will be transfers into these positions. Approximately 17 additional employees will be taken into the plant into new or existing job titles . Praootional moves within the city will have to be tested for . He Wicated that they will be working with the Bi~ity staff regarding reclassification. At the present time these descriptions are designed according to expert sources , but in conjunction with the old plan. He explained that in the system currently in effect you are looking at degrees of difficulty in doing jobs and work is assigned according to education, training , etc. In ending, Mr. I..orig askt!d.for the Board's approval on the job descriptions am in turn they will be passed on to the Council with a Resolution. MR. BRUNDAGE MOVED AND MR . WHITE SECONDED THAT THE JOB BESCRIPTIONS BE ADDED TO THE ClASSIFICATION PIAN. Motion carried. Ayes: Hosanna, Turner, Hanson, Brurxiage, White Nays: None ******** r-tr. I..orig explained that the reason for removing the Plumbing Supervisor from the Classification Plan is that the work has been divided. Some of the work is being done by the leadworker position, and the work on the sprinkler system will be handled through parks. MR. WHITE MOVED AND MR. BRUNDAGE SECONDED TO RFMJVE PUJMBING SUPERVISOR FRCM THE CLASSIFI CATION PLAN. Ayes: Hosanna, Turner, Hanson, Brundage, White Nays: None The motion carried , 300 •• ' I . • ·' \ ! I ~ - • • ,. -• I • • / -~---------------....... ==-"=--==-=="---,----. ---~--- ( • PRESENT: ABSENT· ALSO PRESENT: MJNUTES ---- Board of Career Service Commissioners February 10, 1977 H. R. Hosanna, Jo Ellen Turner, William Hanson, Bob Brundage and lli V..'hi te None Karl Nollenberger, Richard Lorig, Bernard Berardini, Mary Barnes, Andrea Mikesell, Margaret Freeman, Jo Canavate Mr . Hosanna asked if there were · any additions or corrections to the Hinutes of the January 20, 1977 meeting as mailed . :.m. \-JHITE MOVED AND MR. BRUNDAGE SECDNDED, THAT THE MINUTES OF THE MEETING OF Jk~ARY 20, 1977, BE APPROVED AS MAILED. The motion carried. Ayes: Hosanna, Burner, Hanson, Brundage, vihite Nays: None * * * * * * * The first item on the agerrla >-las the Mary Barnes Grievance. Mr . Ho sanna asked if Mary Barnes or her representative was in attendance. The Chairman asked Mary Barnes if she wished to speak on her gr'ievance. Mary Barnes stated that the call back indicated to her that she was not believed .. It had not been called to her attention previously that she was abusing sick leave . She stated that she only has used sick leave that she has coming to her. She felt that if the city was rot going to let her do that, that it should be re!OOved fran the benefit section and that its value no be deducted from negotiated agr'eements . The Cha irman asked the City if they had anything to present. Mr . Berardini asked if Mary Barnes had anyone present woo was prepared to make a sta ement on her behalf in reference to this matter. Jo Canavate stated that even with the changes taking place that they were in a state of l .L":'lbo as to the rules and supervision. They had a book of rules to follow, which had since been re!OOved, and no one person to say what they could or couldn't do. >1r. Berardini stated that Jo Canavate' s remarks were not directed to the Mary Barnes case and asked Jo if she had any knowledge of this particular situation. Jo Canavate stated that she did not have any knowledge of this situation in particular. 298 · . . , • ' I . • ·' I ! I '!' r 32xl - • • • - ~---------~~=---·~ ---~ / :r. Lorig , spea.ld.ng for the Ci~y 1 s position, stated that the step prior to this 1• 1S t ;e administrative hearing b. the Ci y ~lanager . He stated that his partie lar conc~rn was that in discussing the gr:!.ev~ 1ce before the City t·'!anager , it was difficult to ;mders anj relief being sought anJ what was broug.!)t out at the hearing. It v.'8.s ot sta~ed that the relief was hat their srouldn 1 be any call back by the -:iepartment, as listed now in a one paragraph let er sent only to the Conmission . 1 e st.•+-ed that it was bro·.lght out in r.e adrrdnistrative hearing that she didn 1 t feel tl ,ere was intended mrrassment bY the su ervisor . "lary then interjected hat this was take:-, in o account in her current performance Jaluation . Mr. Lorig stated that in the current employee evaluation, none of these particular items are a part and parcel of the grievance. He added that the department regula- tions state that the employee lm.lSt talk to her •,.;atch comnand officer directly . In the Fire Department the crnrnand officer for that particular shift takes the message . ;.tary B3rnes read the only policy she had regarding sick leave . She stated she feels that her evaluation is directly related to her grievance coming out . ~'lr. Hosanna , Chairman, stated that her evaluation has nothing to do with her grievance. \1r Brundage pointed out that the Englewood City handboOk stated that it was up to the supervisor to decide on the validity of absence . hief Robert Holmes of the Englewood Police Department stated that the policy was not au anatically a call back , but simply that the supervisor or watch commander is suppose to talk to the person who is sick . In the case of Mary Barnes, he was not available to answer the call , but when he returned he found a mes sage stating that she would not be at work because she was sick. There were other circumstances: ·'LarY 1 s sickness left no camnmicator for the watch and he would have had to call somecne else to work . One reason for the call back was that there were no carrnuni- c tors there to take her place . He stated that sometimes a call-in sick is not for he entire day , but for only part of a day . '·1!.'. Hosanna , Chairman, asked for any conmen s or conclusions from the Board. Hanson :o:"'l. ed that he was surprised hat t·'LarY Barnes was so upset because of a phone call . lie added that he thought the officer lm.lSt have been genuinely concerned abcu her illness. ::ary f:u':'l eS said ~ha she didn 1 feel that was the case . She stated that she feels h~ po icy is pod , but the call back is unreasonable . ·.~. Hosanna . Chairman, stated that the Board v.'Ould take the matter under advisement and rule accordingly; he asked for further comments . • :.ffi . WHITE ~10VED 'IO DE:.JY THE GRIEVANCE: MR. BRUNDAGE SECONDED . ':1:e motion carried. Ayes : Hosanna, '1\irner, Hanson , Brundage , \·lhite :~ay e: .lone • 299 .. I • • ( • • ( • • , . • 'Mr . Hosanna, Chairman, asked that the police department take this matter (clarification of procedures) into consideration . Chief Holmes stated that they are tald.ng some measures to try to correct this problen. Mr. Hosanna, Chairman , stated that '+'e are not here to discuss validity of si.ck leave . We rrust develop a policy amiable to all parties concerned . He thanked everyone who attended and stated that the Board would continue with its s ession. * * * * * * * * Mr. LDrig informed the Board of the need t o add six job descriptions to the Classification Plan , which are the following: Plant l<laintenance Su pervisor Operat ions Superintendent Electronic/Mechanical Technician Chief Mechanic Chief Laboratory Techni cian Computer Programmer/Systens Analyst ,. - He explained that the particular positions are accordirg to current classification and were written according to t hat plan. They are for the new Bi-City Wastewater Treatment plant authorized under that plan to be on line as of April 1, 1977. He stated that there are current descriptions for the plant operators, etc., which will be valid 1n the new plant, however, the aforanentioned descriptions were not 1n existence in the previous plant. He stated that these positions were with the recorrrnendations of the HDR who helped design the plant. Regarding employment for the plant, we will be testing for some positions and some will be transfers into these po sitions . Approximately 17 additional enployees will be taken into the plant into new or existing job titles. Prarotional moves within the city will have to be tested for. He indicated that they will be working with the Bi-City staff regarding reclassification. At the present time these descriptions are designed according to expert sources, but in conjunction with the old plan. He explained that in the systen currently in effect you are looking at degrees of difficulty in doing jobs and work is assigned according to education, training, etc . In ending, Mr . I.Drig asktrl.for the Board's approval on the j ob descriptions ani in tum they will be passed on t o the Counc il with a Resolution . MR . BRUNDAGE MOVED AND MR . WHITE SECONDED THAT THE JOB DESCRIPTIONS BE ADDED TO THE CLASSIFICATION PLAN . Motion carried. Ayes: Hosanna , Turner, Hanson, Brundage, White Nay s: None ******** ~1!'. LDrig explained that the reason for renoving the Plumb ing Supervisor from the Classification Plan is that the work has been divided. Some of the work is being done by the leadworker position , and the work on the sprinkler system will be handled throup-)1 parks . MR . WHITE MJVED AND MR. BRUNDAGE SECONDED 'IO REMJVE PLUMBING SUPERVISOR FRCllt THE CLASSIFICATION PLAN. Ayes: Hosanna , Turner, Hanson, Brundage, White Nays: one The rootion carried . 300 • • • .. - • • • • I • - / ~=--====-----. --=-='---_ __; __ Chie~ Holmes stated that the polygraph test wUl be instituted as a result of a lP~ er from CBI . He feels the test is necessary since the Law Enforcement Aide is responsible for a lot of confide tial information . It will be given to entry Law Enforcemen Aides and Communicators only; this will no t effect the employees presently employed in the department . r1r . !:.or:ig stated that the Personnel Office and City Manager's office concur with hief Holmes recommendation to institute the polygraph test. l• . 'ruR:JER ~~VED AND MR . WHITE SECONDED TC AC EPI' THE REC •-lENDATION OF THE POLYGRAPH TEST. .ne ~tion carried . Ayes : :Jays : Hosanna, Turner, Hanson, Brundage, White None * ~ * * * * * * * * 'largare Freerr.an was present , representing the Engl€\\'Ood fu.ployees ' Assoc iation. The o her two associa ions we re not re resented * * * * * * * * * * '1r . Ho sanna, Chairman , stated that a Ccmnunication "''aS received from the City ~ar~er's office dated February lst with a Notice of Protest . He also received a letter f rom Mr. Gr iswald Valentine, Attorney at Law, on behalf of Andrea Mikesell dated Fe bruary 7 , 1977, to be entered into the record . ~~. Brundage stated that after examining the matter he finds reflecting statements in this matter and he would like to acknowledge Andy's petition and hear it out as to whether it i s grievable . '·IR . BRUNDAGE MOVED AND ffi . WHITE SECC»JDED 'IO HONOR 'lliE RmlJEST 'IO REHEAR THE FEASIB ILITY OF IVHE'I'HER ~IDREA MIKESELL 'S GRIEVANCE IS GRIEIJABLE OR Nor. The rro ion carried . Ayes: Hosanna , 'furner, Hanson, Brundage, White Nays : None ~lr . Lorig stated that as far a s the department heads and city manager were concerned , Andy Nikesell was schedu l ed for this me eting because this was the last meeting set up with th s particular board, rather than going through j_~ with a new board. Karl ·,;ollenberg stated that the City Nanager would like to give this board the opportunity to hear this matter . ••Jr . Hosanna , Cha irman, stated that if the rrotion passes it provides an opportunity for the City ~anager's office to present its request on Whether or not the matter was ;:;rievable or not in compliance with the Board 1 s original motion that it was grievable, but stated that the City Manager is doing it under protest. He stated that the next hearing is only on the grievability and if it is grievable there will have t o be another hearing on the grievance itself . Mr . Lorig asked about the possibility of having the hearing tonight and asked Andrea r.Ukes ell if she planned o bring in outside counsel. 301 • .. ' r ,. • • - ( ( ( • • ( • • I • • Andrea Mikesell stated that she 'V.lJuld request a hear1ng at a later date 1n omer to give her time to prepare her case . Mr. Hosanna Cha irman, suggested March 3 , 1977, as the date to hear this matter. Karl No llenberger stated that it 'V.lJUld be acceptable to the City to handle it purely as a written matter from attorneys. An::lrea Mik e sell answered that she 'V.lJuld rather have an oral to give her a chance to r ebutt but t hat she would abide by the Board's decision. Mr . Hosanna stated that he would honor her request for an in-person hearing . There were no o bjections from the Eoard . They set the date for March 3 , 1977 at 7 :00p .m. 1n the Council chambers. It was acceptable to all parties concerned . He a lso stated that if it were a reversible decision it 'V.lJuld end there ; if not, the Board would proceed on the mat ter tha same night. It was acceptable to all parties . Jo Ellen 'furner asked how it is handled for t he new board member who wi ll be added. Mr . Hosanna 1ncUcated that the board will have to wait with any nominations until after the election i s held . * * * * * * * * Mr. Hosanna, Chairman, read the Eligibility List. MR . WHTI'E MJVED AND BILL HANSON SECO NDED 'TO ACCEPr THE ELIGIBILITY LISTS . The motion carried. Ayes: Hosanna, 'furner, Hanson, Brundage, White Nays: None * * * * * * * * Mr . Hosanna, Chainnan, read the list of vacancies. MR . BRUNDAGE MJ11ED A~ BILL HANSON SECONDED 'TO ACCEPr THE VACANCIES AS READ, Ayes: Hosanna, '1\n::ner, Hanson, Brundage, White Nays : None The mtion carried , ******** Mr . Ho sanna read the Personnel Actions . MR . BRUNDAGE MOVED AND MR . WHITE SECONDED 'TO APPROVE THE PERsoNNEL AC"I'IONS AS READ. Ayes: Hosanna, 'IUnner, Hanson, Brundage, White Nays: None The mtion carried. 302 ' .. , I · • 0 • • • • - l'lr'. Hosanna , Chairman , said his goodbyes to all the members of the board and asked for a motion to accept his resignation . !IJR. HJ\l SO. MJVED AND MR . WHITE SECONDED 'TO ACCEPI' THE RESIGNATION OF MR. HOSIDINI\ AS CHAIR'-1AN OF THE BOARD . Ayes: Hosanna , Turner , Hanson, Brundage , White Nays: Non e :'he rroticn carried . * * * * * * * * * * ~-----·-·----·------------------------------- • .:-~·lLJATICJ l l::;: Rict.ard :-1orr i s Ernest Staples Communic ations Sup ervisor -Communicat ions Elimination of position from C ass~f cation Plan . Effective 2/1/77 Animal Control Officct' -Police De(XU't:nent Effective 1/21/77 -·---·---------·-.... ----------------------------------------- PROI·lOTIONS : Al Ge rlick Equipment Operator I to I..eadworker ( 4E to 5E ) Effective 1/24/77 ~-I_IVERS~';_I,; .f_~I\SE : Y.ei th E. T.ocl -wool Joseph Pershin Christopher Olson Mary C • B:l.rne s Edward Leone fv'.alco lm Murray Merle Stanton Wayne Faubion Pi r·0 l'if')'lt0t' 2nd Clacs to Fti'-!nr•J:tcr l~t Cla:>:·. l•.l'l't•cLIV<' :•/1}'('( Pl.mt Operator -Water !'rex.! c-t j on f rom 613 to Gc Effective 3/1177 Firefighter 4th Class to Fire fighter 3rd Class Effective 2/16/77 rmergency Comnunicator -Comnunic<..~tio ns from 4D to 4E Effective l/16/77 Building Inspector -Code Enforcenent f'rom 7 A t o 7B Effective l/16/77 B.lilding Inspector -B.l ild:!ng & Zon:!ng f'rom 7B to 7C Effective ?/1177 Mechani c -Servicecente r ~n 6n to 6C Effect ive 2/l/77 Ma.:!ntenancc\~orker -Street from 2D to 2E Effective 2/l/77 • 303 ) I . • · . . , I (- A T' PI o· r c c • • • • ,_ - Robert Drake Custodian -Building Maintenance Effective 1/16/77 Mary Metros ArJlll.t .Services Librar1.JJl -Libt•ary from 8A to SB F~fcctjvc 111617 7 Geor ge Schaal Storekeeper -Finance f'rom 3C t.o '!lJ Effective 2/16/77 John Maloney Police Officer 2nd Class to Police Officer 1st Class Effective 2/11/77 NE;,W_QiPLOYE:F;~: David CJark Leadworker -Parks SA Effective 1/241"17 Emnanuel Rios Maintenanceworker -Parks Effective 1/31/77 2A PR~_!iF-c;s 13f:PO~S : Gerald Austin &!ilding Maintenance Brooks Taylor 'l'raffic Robert Goetz Police Michael Schaffer Police Frank Hearn Servicenter Robert Maschka. Street Charles Kal.lf('trnnn 3tnwt Elden Boh Fire Ronald I3oston Fire James Haugsness F'lre D..lrrel Bates Fire Isadore &!eno Engineering David Miller Fire LaVern Steinbach Fire tel Mccarty Fire Fafry Meinecke Utilities Henry Bradshaw Utilities Ray Hinkle Water Distribution Michael Snith Fire Ralph S11livan Fire Arlen Becker Fire Joseph Pershin Water Production Richard A. Wood Fire Jerry Royther Parks and Recreation There being no further business to discuss, the meeting was adjourned, Rerbert R ,' 11'5!3~ ....... Raren M. Meier Recording Secretary • 304 • I I . • , r • • • 0 ,. - RESOLUTIO N NO . .Ji_....., SERIES 1977 A RESOUJTION 'lD Rrn0VE THE POSTIION OF PLUMBING SUPERVISOR FRCM THE CLASSIFICATION PLAN. WHEREAS, the Board of career Service Conmissioners, 1n their meeting of February 10, 1977, reccmnended that the position of Plumbing Supervisor be removed from the Classification Plan. NOW, THEREFORE, BE IT RES)LVED BY THE CITY COUNCIL OF THE CITY OF E;OOLE'tl)OD, that the position of Plumbing Supervisor be retroved !'rom the Classification Plan. AOOPI'ED AND APPROVED this~ day of __ _.F,;;;;eb:.;r;,.:;u,;;;;ar ... y...___--', 1977. Hayor Protem ATIYST· ex otricio city cierk-treasurer I, William James, ex officio City Clerk or the City of Englewood, State of Colorado, hereby certify that the above is a true, accurate and cCJ!lPlt!te copy of Resolution No.~ Series of 1977 . ex officio City Clerk-Treasurer • • I . • 0 . , f • • • ,. - • Englewood , Colorado RegulAr City Councjl Meeting Fe b r ua ry 22 , 1977 -7:3 0 p.m. Agend a Item 4c -Memorand um f rom Mr. Tom Bu r ns, Ch a i rma n of the Engl e wood Ho u sing Auth o r i ty, concerning na ming of th e Ap a r tments for the Elde rly * * * * * * * * * * Na y o r Protem Clay to n: I t em 4c refers to t h e Englewoo d Ho u sing f or t he Elde rly. Ci ty Manager Mc Cown: Th e Ho u sing Authority h a s had sev e r a l d iscu ssions rela tive to t he na ming of the !lo using for the Eld e rly p roj e ct. Th e re have b een sev e r a l na me s come up b e for e tha t g r o up i n their discussions, whic h the y have listed here for you. I think the gist of the me mor a ndum sent to you by Mr. Burns is merely that, with the· building on sche dule and hoping to open either in April or May, Cla y ton: Ma nn: Cla yton: Sov e rn: Clayton: Brown: Clayton: Mann: Cla yton: Ma nn: Sov ern: Mann: it is time for the Council to give some thought as to what proce ss you wish to use in the naming of the building. Perhaps you do not want to make a d ec ision on this tonight as far as the proc e ss to be used, but it is som e thing we need to be thinking about; and pe rhaps at a future study ses s ion we need to get into s ome i nd e pth disc ussions. The Ch a ir will a cce pt a motion to e ither put this to a study session or to d e lay it to a late r agenda. Councilman Mann? I would mo ve that we postpone this to a later agenda. Second? Second. We have a motion and s eco nd to pos tpone this to a later age nda. How l a te? Councilman Smith? Your honor? Councilman Mann? I would l i ke to see some study at a study session of Council and the Hou sing Authority. I understand a lot of other suggestions have come up sinc e this particular meeting. Also, there are cit izens that are involved and want to be heard; and I would l i k e t o g et the ir input. So I imagine if we postpone it we c ould p ost po ne it for two Council me etings. How a b out March 21st? March 21 s t would be a g ood time. ' • ./ .. - .. • • f Cla yt o n: Severn : Clayton: Smith: Cla yton: Brown: Clayton : Severn: Mann: Severn: Mann: Severn: Mann: Clayton: Severn: Ma nn: Severn: Clayton: Severn : • Smith: Clayton: Severn: • • I• - Mr. Clerk , would you look on the docket to see what other specia l items are on March 21st. 1 don 't see a ny other s pecia l ite ms. We would invite the public in , also, is this the und e rstanding? No, this is a regular Council meeting . At the regular Coun cil meeting , to ma ke sugges tions or to acce pt letters . Councilma n Smith? 1 thought the suggestion was just to bring it up at the study session. At the study session? Yes . Alright, study s e ssion on March 21st . The Clerk will call the roll. Hold it, when is this facility opening? It should be in April. I would suggest we try to make a decision the night of March 21st. Well, we probably will at the study session. Well, let 's put it on the agenda for March 21st and try to force it. Force a decision that night. That's fine. Do you want to talk about it before or no t? Yes . We will talk about it for a month probably . Probably . Do you want to include in the motion a date for a study session before March 21st? No • We can make another motion if we want to do that. Alright, the Clerk will call the roll. Does the Clerk understand the motion? I would like to see it as an agenda item. That's the motion 1 thought 1 seconded on March 21st. -2- •• .. : ·' I ! 'r .. • • • 0 Ma nn: Sev e rn: Brown: Mann: Clayton: J a mes: Williams: James: Severn: James: Smith: James: Mann: James: Brown: James: Clayton: James: Clayton: Smith: • Ma nn: Clayton: Mc Cown: • Clayton: • • • • I would move that we postpone this until the Council meeting on Harch 21st. That is the motion I thought I seconded. I will still second it. And we will discuss it at a study session. Yes. Further comm e nts? The Clerk will call the roll. Councilman Williams? Yes. Severn? Yes. Smith? Yes . Mann? Yes. Brown? Yes. Mayor Protem Clayton? Yes. Six ayes, one absent, your honor. Ok, this will be on the agenda for March 21st and we would like it known that any suggestions should reach Council before that date. Councilman Smith ? I would like to move that the earliest possible issue of the Englewood Citizen have an article with a blank for suggestions of names for the Englewood apartments to be sent to Council • I will second that. Alright, Mr. City Manager, can this be worked out time-wise? I b elieve so. Any further comments? Councilman Williams? -3- • . ./ • • 0 - Williams: Clayton: Williams : Clayton : J ames : Wil liams : J ames : Sove rn: J a mes: Smith: J a mes: Mann: J a mes: Brown: J ame s: Clayton: J ame s: Cla yton: • • 0 , . • Haven't we had enough conv rsations a bout this already? We have a list right here with sev ral sugges tions that we discussed tonight in th study s s. fon. How muc h controversy do you want? lf I g t th gist of the Counc il cor rec tly, what the y are r ally trying to do is give verybody a chance to make a suggestion . Well the 1 ss sho s you have to be tried on the l es s th e y have a chan e to d cid whi ch pair they wan t. I agr e that this creates some problems. If there are no further comm nts, I am going to ask t he Clerk to call the roll. Councilman Willia ms? No . Sovern? Yes. Smith? Ye s. Mann? Yes. Brown? Yes. Mayor Protem Clayton? Yes. Five ayes, one nay, one absent, your honor. Ok, this will be put on the agenda for the March 21st meeting, for the naming of the senior citizens highrise apartments. * * * * * * * * * * -4- •. ' • • 0 • 0 - ./ --------------------------------------------~~~~==~~===--------~~~--------~·~ • Englew ood, Colora do Re gula r City Council Mee ting Fe bruary 2 2, 1 977 -7:30p.m. Agenda It e m 4c -Memo randum f rom Mr. Tom Burns, Ch a irma n of th e Engle wood Housing Aut h o r i ty, c on cer ning nam· 1g of the Ap a rtm e nts for the Eld e rly * * * * * * * * * * Mayo r Pro tem Cla yton: Ite m 4c ref er s to the Engle wood Housing for t he Eld e rly. Ci ty Ma n age r Mc Cown : The Hou sing Auth o rity h a s had sev e ral disc u s s ions r e l a tive to the n a ming of the Ho u sing for the Elderly proj e ct. Th e re have be e n s e veral n a me s c ome up b e f o r e that group in their dis c u s sions, whi ch the y have listed h e re for you. I think the gist of the me mor a ndum s e nt to you by Mr. Burns is merely that, with the building on s c hedule and hoping to open either in April or May, it is time for the Council to give s ome thought as to what Cla yto n: Ma nn : Clayton: Sovern: Clayton: Brown: Clayton: Mann: Clayton: Ma nn: So v e rn: Ma nn: process you wish to use in the n aming of the building. Perha ps y o u do no t want to ma ke a decision on this tonight as far as the process to be used, but it is som e thing we need to be thinking a bout; a nd p e rha ps at a future study session we need to get into some ind c pth disc ussions . Th e Ch a ir will a ccept a motion to either put this to a study session or to delay it to a later agenda . Councilman Mann? I would move that we postpone this to a later agenda. Se cond? Second. We have a motion and second to postpone this to a later agenda. How late? Councilman Smith? Your honor? Councilman Mann? I would like to see some study at a study session of Council and the Housing Authority. I understand a lot of other suggestions h a ve come up since this particular meeting. Also, there are c it izens that are i nvolved and want to be heard; and I would l i ke to g e t their input. So I imagine if we postpone it we c ould po s tpone it for two Council meetings. Ho w a bout March 21st? Mar c h 21st would be a good time. . , ' I • • 0 - Cla yt o n: Se vern: Cla yton: Smith: Clayton: Brown: Clayton: Severn : Mann : Severn: Mann: Severn: Mann: Clayton : Severn: Mann: Severn: Clayton: Severn: • Smith: Cla yton: Severn: • • • ·. • Mr. Clerk, would you look on the docket to s ee wh a t othe r s pecial items are on March 21st. I don't s e e a ny othe r s pecial ite ms. We would invite the public in, also, is this the unde r standing? No, this is a regular Co uncil mee ting. At the regular Council me e ting, to make sugge stions or to a cce pt letters . Councilman Smith? I thought the suggestion was just to bring it up at the study s e ssion . At t h e study session? Yes. Alright, study session on Marc h 21st. The Clerk will c all the roll. Hold it, when is this facility op e ning? It should be in April. I would suggest we try to make a decision the night of March 21st. Well , we probably will at the study session. Well, let 's put it on the agenda for March 21st and try t o force it. Force a decision that night. That's fine . Do you want to talk about it before or not? Yes . We will talk about it for a month probably. Probably . Do you want to include in the motion a date for a study session before March 21st? No • We can make another motion if we want to do that. Alright, the Clerk will call the roll. Does the Clerk understand the motion? I would like to see it as an agenda item. That's the motion I thought I seconded on March 21st. -2- • • 0 Mann: Sov e r n: Brown: Mann: Clayton: J ame s: Williams: J ames : Sovern: James: Smith: James: Mann: J ame s: Brown: J a mes: Clayton: James: Clayton: Smith: • Mann: Clayton: • McCown: Clayton: • ,_ • 0 I• - I would move that we post pon e this until t he Co unci l m et ing on Harch 21st. That is the motion I thought I seconded. I will s till second it. And we will discus s it at a study session. Ye s. Furthe r comme nts? The Clerk will call the roll. Councilman Williams? Yes. Severn? Yes. Smith? Yes. Mann? Yes. Brown? Yes. Mayor Protem Clayton? Yes. Six ayes, one absent, your honor. Ok, this will b e on the agenda for March 21st and we would like it known that any suggestions should reach Council before that date . Councilman Smith? I would like to move that the earliest possible issue of the Englewood Citizen have a n article with a blank for suggestions of names for the Englewood apartments to be sent to Council. I will second that. Alright, Mr. City Man a ger, c an this be worked out time-wise? I believe so. Any further comme nts? Councilman Williams? -3- . , / I • • - • • • • ./ ----------------------------------------~~==-~-==~=-~=-=-~-------~~--~-----~ Willia ms: Cla y t on: William s : Cla yton : J a me s : Williams: J a mes : Severn: James: Smith: James: Ma nn: James: Brown: Jam e s: Clayton: J ames : Clayton: • Ha v e n't we had e nough conve rsations a bout this already? We have a list right here with s e v e ral suggestions that we discussed t on i ght in the s tudy sess ion . How much controversy d o you want? If I get the gist of the Council correctly , what they are r e ally trying to do is give ev e rybody a chance to make a suggestion. Well the l e ss shoes you have to be trie d on the l es s th e y ha ve a c h a nce to d ecide which pair they want. I a gree that this creates some problems. If there are no further c omme nts, I a m going to ask the Clerk to call t h e rol l. Councilman Williams? No. Severn? Ye s. Smith? Yes. Mann? Ye s. Brown? Yes. Mayor Protem Clayton? Yes. Five ayes, one nay, one absent, your honor. Ok, this will be put on the agenda for the March 21st meeting, for the naming of the senior citizens highrise apartments. * * * * * * * * * * -4- •. I • • 0 • • • • • M E M 0 R A N D U M TO: Englewood City Council FROM: Thomas J. Burns, Chairman Englewood Housing Authority DATE: February 11, 1977 I • 4 c SUBJECT : Englewood Apartments for the Elderly At the January 25, 1977, meeting of the Englewoo d Housing Authority , the Commissioners addressed the issue of a ~ for the 1 apartments for the elderly. Obviously, since the building is a Cit y ~~wned structure, it will require acti o n on the part of Counci~!P of f icially select a name. The Commissioners feel that it is important that some action be taken soon to select a name. The idea of a contest was discussed, but this was voted down after we became aware of the bad exper- ience Littleton had when they attempted to do the same thing. Instead, the Commissioners decided to draft a list of possible names to suggest to Council. The firljlt recommendation made was to name the building "Tay lor" after tfte Mayor, especially because of his own personal, out- standing efforts to see the project become a reality. The first name suggested was "Taylor Apartments". Further discussion fa- vored the use of words such as "Park", "Square", "Heights", or "Plaza"--especially in view of the area-wide facilities on the block for the elderly with both the apartments and the Senior Center. The next name which seemed to also be highly favored was the use of "Lincoln" in conjunction with one of the words mentioned above. Some thought the name was appropriate, not only because of the locat i on of the building at 3333 South Lincoln, but also because of the president, etc., etc. Fina lly, some memb er of the Authority suggested the name "Burns: as a possibility . In general, the specific names most widely accepted were: Taylor Apartments Taylor Park Taylor Square Taylor Plaza Taylor Hall ' I • • 0 - • • • • • ----------------------------------------~~~==~=-==~~--~--·~----~------+ • Englewood City Council February 11, 1977 p. 2 Lincoln Square Lincoln Plaza Lincoln Heights (Not Lincoln Park!) Burns Manor Burns Plaza Please accept the above in the spirit in which they were given. We want only to try to assist Council to select a name so that we can have an appropriate, dignified name for our beautiful apartments. We wait for further action. Thank you. Sincerely yours, ---;;~!_(-, lfi ~--.~v-z_ .ffo~as J. ~rns Chairman TJB/GAJ:ew . , I • • 0 - • • • - ----------------------------------------------~~==~~:-======---=-----~~--------~---- • 4 D MEM O RAN DUM TO: Mayor and Members of Englewood City Council FROM: Andy McCown, City Manager DATE : February 16, 1977 SUBJECT: AID TO OTHER AGENCIES For your reference, the contributions you have made so far to other agencies are as follows: Chamber of Commerce Inter-Faith Task Force Arapahoe House Detox. CeHter Englewood Jaycees League of Women Voters Housing Authority Total $5,000 5,400 6,200 500 300 1,769 $19,169 Those agencies and projects not yet funded and their requests are as follows: Arapahoe Mental Health Community Arts Symphony Christmas Parade Total $ 3, 000 1 . o-tr<> 3,200 :l.)~-= 2 t 200 2 ' ~tfl) $ 8 ,400 The overall account in the City Council budget for Aid to Other Agencies is $24 ,000 • City Manager AMcC/p cc: Karl Nollenberger, Assistant City Manager • .. , •· \ r I " • • 0 f - • • • 0 • __ _. ________________ ~------------~~-.--==~~~~~---------------------- • S a__ RESOLUTION NO . £ SERIES OF 1977 A RESOLUTION SUPPORTING AN INCREASE IN THE GAS TAX IN THE STATE OF COLOR ADO WHEREAS, the State Legi s latu re of the State of Colorado has before It a bill increasing gasoline tax in the state from 7 cents to 9 cents a gallon, and WHEREAS , the distribution of the gas tax increase would be proportioned 60 % to the State Highway Department, 20% to the municipalities, and 20% to the counties, and WHEREAS, the City of Englewood Is desirous of major traffic Improvements in the south metropolitan area which require state funding of matching monies for federal grants, and WHEREA S, the City of Englewood currently expends in excess of $1 .1 mlllion for maintenance of ~(§~:~mays and receives only $187,000 in gas tax proceeds. <!. y s>T£~ NOW, THEREFORE, DE IT RE!nLVED BY THE CITY COUNCIL OF TH E CITY OF ENGLEWOOD, as follows: The City Council of the City of Englewood urges the legislato rs of the State of Colorado to consid r favor ably the increase of gasoline tax from 7 cents to 9 cents a gallon. ADOPTED and APPR OVED this 22nd day of February, 1977. MAYOR ATTEST: ex o fficio City Clerk -Treasurer I, William D. James, ex officio City Clerk-Treasurer of the City of E n glewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Resolution No. _, Series of 1977 • ex offlc lo City Clerk-Treasurer ' I ' r I 'r •. I • • 0 • • • ,. - RESOLTUI ON NO . ({., , SERIES OF 1977 A RESOLUTION NAMING THE SENIOR CENTER IN THE CITY OF ENGLEWOOD, COLORADO. ,_ 5 B WHEREAS, the City Council of the City of Englewood is desirous of publicly acknowledging and recognizing Elsie Malley for her donation to the Englewood Centennial-Bicentennial Foundation; and WHEREAS, it is especially appropriate that the Senior Center in the City of ~n glewood, Colorado , should be named, " £//;;e ;2724~ crt!' ,a'!; t!~~;L. .. , in-that the s donated by Elsie Malley represents nearly a third of the money pledged in an effort by the Engle1vood Centennial-Bicentennial Foundation to provide the seed money for a Senior Center. NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEII/OOD, COLORADO, as follows: That the City Council of the City of Englewo od, Colorado in honor of the generous dona t ion of Elsie Malley to the Senior Center Fund, does here by name the Senior Ce~t e~ of the City of Englewood, Colorado, " £//J-atn'oy d e/.lf'; tf, ~K-- " ADOPTED and APPROVED this 22nd day of February , A.D., 19 77. Mayor ATTEST: ex offic~o C~ty Clerk-Treasurer I, William D. James, ex officio City Clerk-Treasurer of the City of Englewood, Colorado , do hereby certify that the above and foregoing is a true, accurate and complete copy of the Resolution No. , Series of 1977. ex off~cio C~ty Clerk-Treasurer ' • • 0 • • • • • I • • Andy McCown , City Manager DA11: February 17, 1977 Kells Waggoner DARTMOUTH AVENU E Previously, the City Council had approved an agreement (November 24, 1976) between the State Department of Highways and the City for preliminary engineering and design on Dartmouth Avenue from Delaware to Logan. Attached hereto is another agreement for the same stretch of roadway, but this agreement is for the construction portion of the project and would cover the widening of Dartmouth Avenue to 44 feet so that it will match the rest of the street . This agreement essentially obli- gates the City for $54,808 a s our share of the preliminary construction estimate of $210,800. When we add in our share of the engineering costs and update the construction cost estimate , we would expect that the City would need $66,000 as our total share. We have $55,000 budgeted; there- for e , we need an additional $11,000 in the P.I.F. In that seven (7) blocks of the street have never been in a paving dis- trict and have sub-standard paving, we could assess approximately $13 ,000 to the property owners within one-half block of the street. This would mean an average rear zone assessment of $60 to the residen- tial properties and an average of $75 for a rear zone commercial property. In deciding whether or not to establish a paving district to assess the $13,000, we should consider the following: 1. The State would like to proceed during the summer of 1977, and this would require some fast action on our part to establish a di strict. 2. The cost of establishing a district--i.e., ownership lists, advertising, hearings, mailing notices, etc . could use up the majority of the $13,000. 3. The majority of the total costs--i.e., extra width 1 extra thickness, most of the sidewalk replacement and most of the curb and gutter replacement, would be City c osts anyway • It becomes doubtful whether or not it would be beneficial, except as a policy matter, for the City to create a district. According to the attached agreement, we do need a separate ordinance or ;;~~n~orizing the Mayor to execute the same . ~~lls Waggoner ~ Director of Public Work s KW/LS Attach. .• . , \ ! '! ' • • • • u - • • 0 • '• ',~, MilS~(!) Dartmouth Avenue Delaware to Logan STATE DEPARTME NT OF HIGHWAYS DIVISION OF HIGHWAYS -STATE OF COLORADO AGREEIIENT WITH CITY OF EN GLEWOOD FOR CONSTRUCTION PROJECT ON THE FEDERAL-AID URBAN SYSTEM THIS AGREEMENT, made this ------day of 19 -· by and between the STATE OF COLORADO for the use and benefi t of the STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, hereinafter referred to as the "St.ate," and the CITY OF ENGLEWOOD, STATE OF COLORADO, hereinafter referred to as the "Local Agency" or the "C ontractor;" WITNESSETH: Tnat h,JEREAS , the State and the Local Agency have he•~lofore entered into a Master Agreement for Projects on the Federal-Aid and made a part hereof by reference; and referred to as the "M aster Agreement" which is incorporated herein Urban System, dated the 31st day of December, 1974, hereinafter en tered into a Project A9reement, dated the 24th day of November, WHEREAS, the State and the Local Agency have heretofore 1976, for the accompl>shment of Preliminary Engineering, Design, an d the Preparation of Construction Plans, Specif~cations, and Avenue , and providing left turn slots where needed from Delaware Es imates for construction of futur e improvements on Dartmouth Street to Logan Street, W>thin the Local Agency's jurisdiction; and h~EREAS, s aid Plans, Specifications, and Estimates have been completed and accepted as final by the State, the Federal Highway Administration (FHWA) and the Local Agency; and WHEREAS , the Local Agency now desires t o proceed with con- in the amount of $155,992.00 have been made available for an Urban struction of said improvement s, and Federal-Aid Urban System Funds System ProJect, identified as M 115~(1); and WHEREAS , the match>ng ratio !or this Federal-Aid Urban Syst,em ProJect is 7~.00\ Federal-Aid Funds to 26.00% Local Agency Funds, 1t being understood that such ratio applies on ly to such costs as ' •• ·!. • • 0 ·' • • • .. --~------~----~~~~==----~~ • are eligible for Federa l participation, it being further under- stoo d t h a t all non -partic ipating costs are borne by the Loca l Agency at 100\; a n d WHEREAS, the Local Agency has estimated the total cost of said construction to be $210,800.00 and is prepared to match said Federal-Aid Fun ds wi th its share in the amoun t of $5 4 ,808.00 as evidenc ed by an appropriate ordinance or resolution duly passed a nd adopted by the authorized representatives of the Local Agency, a copy of which is attached h ereto and made a part h ereof; and WHEREAS , sa i d ordinance or resolution also establishes the authority unde r which the Local Agency enters into this Agreement ; a nd WHEREAS, this Agreement is executed by the State under authoriLy of Sections 43 -1-102 , 43 -l -106, and 4 3-2-144 , C.R.S . 1973, as amended; an d WHEREAS, the Local Agency is adequately staffed and su i tably equ1pped to undertake and satisfactorily complete the work; and WHEREAS, the State certifies that the work can be more ad- van ageously performed by the Local Ag ency; and WHEREAS, the parties hereto desire to agree u pon the division of responsibilities with regard to this Urban System Project. NOW, THEREFORE , it i s hereby agreed that: 1. The State will provide lia ison with the Local Agency through the State's District Engineer, District VI, located at 2000 South Holly Street, Denver, Colorado 80222. Said District Engine er will al 3o b respons1ble for coo rdinat i ng the State's activi ies under th1s Ag reement. 2. The Local Agency wtl l furnish to the State he afo resaid final approved plans, speci- f1cations and estimates for this construction Project. 3 . The State will provide final ass em bly of construction plans, specifications, and con- tract documents and will be responsible for [2) ' I ~\I • . :~ .•. J r I • • 0 - ( • • • • • ' advertising and taking of bids, and upon con- currence b y the Local Agency, award the con- struct ion contrac t(s) to the lowest responsible and qual>fled bidder(s). 4. The Local Agency wi ll be responsible for ac- qui ring any add~tional rights of way required for th e completion o f the Projec t, including any necessary temporary c o nstruction easements and/or easements for detour during construction. All right of way a cquisition shal l be in ac- cordance with the applicable State and Federal regulations. 5. The State will be responsible for obtaining pro per clearan ce or approval from any utility company which may become i nvolved in this ProJect, by separate agreeme nt, if necessary. 6. The State will be responsible for the super- vision, with periodic inspections by the FHWA and Local Agency, of the construction of this Project, whi ch shall include, but not be limited to, field and office engineering, in- spection and materials testing, and traffic control through the ProJect area. 7. The Local Agen cy will maintain and operate the improvements at its own cost and expense dur- ing their useful life, in a manner satis- factory to the State and FHWA, and will make ample provision for such maintenance each year . Such maintenance and operations shall be in accordance with all applicable statutes and ordinances, and regulations prom ulgated thereunder, ~hi c h define the Local Agency's ob ligation to maintain streets and street fixtures . 8 . The State and FHWA will make periodic inspect- ions of the improvements constructed under t• [ 3] " . I (i \ I • > • ~· • . • . ·.,. ~ ! t.: ,:.~ -... '{/' 'j j ... 1 ·' \ { "!' ' I • • 0 - ( ( • • • • 0 • thi s Agreement a veri fy that such improve- mcnts arc being adequately maintained under ti .t::. pl.V .. l.&:ions of Paragraph 7. above. 9. The State will administer the Federal-Aid Funds fo r th is Project in accordance with the provis1ons of the Master Agreement. Interim funds, until the State is r eimbursed, sha ll be p ayable from State Highway Suppleme ntary Fund (2001), provided such mon1e s are avail- able from that fund. All funds expended by the State for the performance of a n y work under this Agreement or relative to the ad- mi nistration of this Agr eement s h a l l be charged to this Project. 10 . As funds are expended during the course of the work, the State will bill the Local Ag ency monthly for the Agency 's share of the e xpenditures. Upon completion of the con- structi on work to be performed under this Agre ement and accepta nce thereof by the State, FHWA, and the Local Agency, the State will submit a final recapitulation of Project co sts to the Local Agency and a final billing for the balance due of its share of partici- pating costs plus all non-participating costs. Upon receipt of each bill from the State, the Local Agency Wlll remit to the State the amount as billed. 11. During the performance of all work under this Agreemen t, the parties hereto agree to comply with Title VI, of the Civil Rights Act of 1964, the salient p oin ts of which are shown in the Nondiscrimination Provisions attached h ereto and ma de a part hereof. 12. The parties hereto agree to comply with all of the terms and conditio ns of the Master Agree- ,_ •. C• ",f [4 I • • 0 ' ·. •' - ( • • 0 • ment , unless i n conf lict with this Agreement, in wh ich case the provis ion s of this Agree- ment •hal l apply. 13. It i s u n ders ood and a g reed by the parties hereto that t he total cost of construction stated hereinbefore i s the best estimate avail- able based on the design data as a pproved at the time of exec ution of this Agreement , and that such sum is subj ec t to rev isions agreeabl e to the parties prior to bid and award under Para graph 3. above. Follo wing award of the construction contracts , no further revisions in design data or cost estimate shall be made except by agreement in wr i ting of the parties. By ind i cating its concurrence in such award at the Award Conference, the Local Agency , acting by or through its City Council , or duly autho r ized representative thereof , agrees to provide additional funds if requ i red to c omplete the construction of t hi s Projec t. Th e total amount o f suc h add itional required f unds will be dete rmi ned at the t ime of final billing as provided in Para graph 10 . above . GENERAL PROVISIONS A. The par ies hereto agree tha t this Agreement i s cont i ngent upon all fun dt needed for the Project hereunder being made available from Federal and Local Ag e ncy s ources. Should these sources, e ither Federal or Local Agency, fail to provide necessary funds as a gre ed upon herein, this contract may be terminated by either party. Any party terminating ita interest and obligations here1n shall not be rel i eved of any financ i al obliga iona which existed prior to the effective date o f such termination or which may occur •• a resu lt of such te r mina t io n . ' I f i I (5) ' · . ....... !. .. ~'a .II(· •. :: .: :-~:-u -"··· ··.<.'• . •.· I •. • • 0 '32xl - ( ( • • • ·. • 8 . This Agreement, when accepted and approved by the Local Agency and the State, shal l become a supplemental p~rt of the Master Agreement, and shall inure to the benefit of and be bind- ing upon the parties, the ir successors, and assign s. c. The Spec ial Provisions attached hereto are hereby made a part of this Agr eement. D. The term of this Agreement, except for the provisions regarding maintenance, shall con- tinue through the completion and final ac- ceptance of this Project by the FHWA and Local Agency. The covenants with regard to maintenance of the improvements constructed under this Agreement shall rema i n in effect in perpetuity or until such time as the Local Agency i s, by law or otherwise, relieved of such r espons;bility. , . • (6] ' . J. .· r •• ;-...: _-1 ', .. /. 'J ,,· ... ;i -.~·-... -~. :--~·~ i ~ -.. - •. • • 0 - ( ( ( • • • • IN WITNESS WHEREOF, the parties hereto have caused the fore- go1ng Agreement to he executed the day and year first above wr1t.ten. AT TES T: Ch1e f Clerk AP PROVED : DAN S. WHITTEMORE State Controller By ---------- ATTEST: By ---------- STATE OF COLORADO RICHARD D. I.I\MM GOVERNOR STATE DEPARTMENT OF HIGH~IAYS JACK KINSTLINGE R EXECUTIVE DIRECTOR DIVISION OF HIGHWAYS By ,.--..---,==,-------E . N. HAASE t:hief Engineer APPROVED: J. D. HACF ARLI\NE Attorney General By ------------ CITY OF ENGLEWOOD , COLORADO By ------------ (7] . . • . t I ,_ I I • • 0 .. , f ( ( • • • • Nond iscrimination Provisions: During the performance of this contract, the Local Agency for itself , its assignees and successors in interest (herein- after referred to as the "Con tractor"), agrees as follows: A. Complian ce wi h Regulations. The Contractor w1ll comply w~t h the Regulations of the Depa rtment of Transportation relative to non- discrimination in Federally-assisted programs of the Department of Transportation (Title 49. Code of Federal Re gulations, Part 21, here ina fter referred to as the ''Reg \Jlations"), which .tre herein incorporated by referenc e and made a part of this contract. B. Nondis crim ination. The Contractor, with regard to the work performed by h im afte r award and prior to completion of the conLract work, will not discriminate on t.he grou n d of ra c e, c olor, or national origin i n the se- lection and retention of Subcontractors, in- cluding procurements of materials i1n d leases o f eq uipment. The Con trac t o~ wil l not p ~~ti cipate eithar directly or indirect l y in the discriminat ion prohibited by Section 21.5 of the Regu lations, including employment practices when the contract covers a pro- gram set forth in Appendix C of the Regulations. C. Solicitat ions for Subcontracts, Including Procu r ement s of Mater1als and Equ1ement. In a ll sol1c1tatlons e1ther by competltive bidding or negotiation made by the Contractor for wo rk to be performed under a subcontract, in- cluding procurements of mater i als or equipment, each potential Subcontractor or supplier shall be not i fied by the Cont=actor of the Con- tractors' obligations under this contract and the Regulations re lative to nondiscrimination on the ground of race, color or national origin. o . Information and Reports. The Contractor will provide all 1nformat1on and reports required by the Regulations, o r orders and instructions issued pursuant thereto, and will permit access to their books, records , accounts, o t her sources of information, and their facilit1es as may be d e termined by t h e Division or the FHWA to be pertinent to asce r tain compliance with such Regu lations , orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails o r refuses to furnish this information, the Con- tracto r shall so certify to the Division, or the FH WA as e~pr opriat e, and shal~ set fcrt h wh a t efforts have been made to obtain the information. ,_ ' tJ , I • • 0 .• ( ( • • • E. s~nction s for ~oncomnli~nce . In the event of the Contr~ctor's noncompl1ance with the non-dis crl~lnation provisions of this contract, the Division shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (l) Withholding of payments to the Con- tractor under the contract until the Contractor complies, and/or; (2) Cancellation, termination or sus- pension of the con t ract, in whole or in part. F. Governor's EY.ecutive Order. The Contractor w~ll take all atf1rmat1ve actions necessary and appropria te to implement, not only the letter but also the spirit of, the policy of equality of opportunity as e nunciated in the Constitution and the laws of the State of Colorado and as construed by the courts to prevent discrimina- tion because of race, creed, color, sex, national origin or ancestry . G. Incorporation of Provisions. The Contractor wil l include the prOViSions of Paragraphs A through G in every subcontract, including pro- curements of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the Division or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event the Contractor becomes involved in , or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the Division to enter into such litigation to pro- tect the interests of the State of Colorado and the Division, and, in addition, the Contractor may request FHWA to enter into such litigation to protect the interests of the United States. .,, \, ( 2) . I I I I I 11 • . I • • 0 ( ( • • ( • • - folfm • ,\(-0211 SI'[CI \ L I'IIUVISI0:-15 COSTROlll:.R'c; .\I'I'HOV,\L 1 TI•i) ruutfJCI '""" uot hr dl·cmrJ \,llill until tl ~h.•ll h ''r b-.-c u :.prH~'C'd ~) thr C'uu11ullrr uf the St:.tr u f Culundu or \UC'h .... ~1)1;"1111 :l) he m:l\ dr ~I~IIJIC' tlu~ prO\I)IHII u. ~ppl •• ·.l!lt IU .tn~ ronu:uttnH.htn:,: tl u~ rJ\Illt'nl or money bv the Sutt . FUr>:D AV.\IL \UILITY 2 r,nlnCI..tl llblt;!lltun' nr tlt r St.lll' p:t\Jhlr ;,fu·r thr .urrtn l f'iscll )C U :ur runtln~rnt upun fund' fnr lhll JHHr o,r hcme. lf1111UJH1l ltd huJ~:,ctrd :uuJ ollhcr"''-.c mldt :t~:ubb lt thi\ conlfJCI in\llht' thr r:" tn<'nl uf muu· th:.n lrn tlluuund dull.l!'5 fur thr con,ln!Cimn. crccti , rca•:.n . m:unt~"tllltCt' m1prou·mrnt of .l n) hauldm:. w~. lmd{.r. \llduct , llmnd. t.a.C:J\lhon or CJiht t r: 1r "or'-for !Ius Sutc:, tht' co~o ~ctor )l,,.n , btfo~ ('Oirun' U11o n 1hr ruform:mrr of :my ~u ('h "or~ 1nclu '" 1h1" ronrr-;~ct, duly nrcutr .:and del" lu :md fil e: "''h rhc: offica:.l "ho~r ";n::alurr :arrun bc:lu" fu c: Sl::a l r , :a ~ood Jnd ~uffitlt'n1 houd 10 be: :.ppru ~ b} Slid offin:.l m J rcnJI ~um not It's' th::an one h::al rhr lul::al ::amnunl p::apblr b)' rh c: 1rnm of 1h11 cunl r:.cl. Su bon d ~h.dl be: duly n.rcucrd b\' :a ~u .. lirif'd c ur::atr sun·h . cond•t•onc:d fUJ thr due: :and birhful l'c:rform:•nct uf ll~r lr:IC I. .1nl.l 111 .1dd1110n , 1ohl ll pur,·i lhJI 1f lh<' cunt r;)ctm ur hi~ ~ubco n · tr:acron bilr o d ull pl\' fu r :an) b b nr . m~ :~ls . tc::am hut , \u,tcn::anct ro'i'ions. proH·nrl<'r or o 1hcr ~upphc:s U.M'd o r con~um<'d b~ !t.Uth concuctn r or l u~ wtlconl ·"' '" pr r for~ of rhr v.o rl.. cuntr3ctrd 10 be dunr .thc ~urt l )' \\Ill p.::a'' thr )301 t in :an .::amnunt no t c._crrdin; thr, ~r;>H•~·Ll in th e bu nd .1 n~r1htr \\Jth inll'rcst 31 ahc: r:a lr of ri;ht per cr:nt prr .:a n n um Unl~\' such bund . v.hrn ~o t"t)~··d . 11. t1ot'Cu lrd. dl'l i•r rc:d :md rilrd . 110 cl::aitn in f:lvo r of the conlr.::a c lo r amin: u11 drr !his conttJCI \h.JII h udur d ,J1 ''"d ur ('.l id . \IIN I\IU\1 WAGE I• dolbrs :a nd rc:4u irc:s o r •n•nh c: tmjliO) mt'nt of lo~burrn. or mt'ch::arlin In 1hr C1Jih 1100 ::a iiC r a riun or rt11.1ir of :.ny bu•ldllll or 01hcr rc v.nr'-. (nrrrt h•;hv.:ll\\ tu~ltv.:a' h11d ;_r undrrp:mts .:an ··~hv..::a)' !'otructurts of all ~n d1 1 Y.1th1 n l hC',. ;.r.J phlc:.l liniiU of the: Stalr ,thr r,.~tr o f ".J~t' fur :all bhurt r. :1 11d nwclw ' 't'lnfll u ~c d b y lht 'ubcontr:aclo r on tht bu•ld1n; or ruht.c "'o'" co•t'rrd b'' thi' conlr::aCI •h~ll ht" 1 It'~~ 1h::an tht prn:ul1n" It' of \\l ~t'l for wor" of :a "m•llr n.::atur co'" tht t1ty , lo""•·· ulb;c or o1hrr ciul subdi,i,ion o St:li iC' in t buildrng or o thtr rubhc v. or" '' luolrd Un.ruan rhl't'CIIn; prr,:.ilm: r.lt t s will br rr,oh r d •~ p rO\! ~ in ,> h -10 1 e ns 197).::as:am r ndtd OISC R I ~IINATION AND A F F IR~I ATI \'E ACT ION 5 . TI1r con tr:act o r aarr:c:~ 10 compl) 'lt.rth thr lc:llcr .:and 'P'"' of tht' Colur:ado Antid1Knmin:uwn Act of 19S7, ~~ :a m tndc:d . .:and o lhtr apt•licahlc: Ia "' rnpt'C'Iin: d1'0 rimin;ation .ln d unf.lir t'm plo' lllt'rlf pr.tC'hct's (:2.1-J ~.JOI, CRS 1973, n :.mended). :and .:as rt'quired b) Euru11vt Ordu. E~u:ll Oppor11111ify :md ..\ffirm::at l\'t' Acriun. ll.::a tr:d Aprill6. J 97 5. P11 n u o"t thtrrto , thr {oi/(Jh'Ttl f pru1 Mum Jllull br 'Offtoit"d in all SUitt' c-orrtfiK'tS ar JlJ/N'u:rttUC'IJ. Duri n s, tht' prrfomuncr: of !Ius contl'3ct thr conrrJctor agrtt'l ,, fWio"',: (I ) The: conlrsctor v.ill not d1'1Crimm111t .lJ;,.inst :my r mpiO)'tt' or :llpplic:sn t for rmplo~mt'n t brcau).C of rJ.:t'. e rn : d . cui o r, O:llt1011:» o n 1i11, ~'· mlnt;al st ::atus . rrlipon ::u'ICtslry. m~ntll or physiC:al h:and•cap. or :~:t:. The: conltactor n il\ t :tke :a!firm:lll't Xt10n tu rMurc th:a t .lpplinncs arr t'm(llt'l)'td, :lnd th:at rmplovu s lf!' tr~.::a t r-d du.1n1 t'Rlplo' mtn l v.ithoul rt':.lrd to tht :lbo' t mrnu onrd charxttn"IC~ Such act 10n shsll indudt, b u t not be l11n1 tc:d 10 the: fo\1 0"111 1 ~mplu v mt"nl. urtro~dlftJ. drmotron , o r tran\ft>r, rr-cruitmc:nl or rt'cnlirrnrnt ad\nti"np . 1:~) -oris ur ttlm U lo~llOru . nt ~s uf fl :l) or olhtr fonn) o f romprnutiun .lnd ~l«t io n for t r:rinint. rndudrn: .::app•t•IIICUhiJt Thr cunar:.ctur <r;rc:r ~ to 11011 1n cun,r•cuuu5 rlacc~. :l\lJiablr to r mplo\t'l') and o~prhr:mh for rmplu\Rltnl . n utiCt) to b t' prov1dtd by rhr corurxrint officer .ruin: furth pro' "'011) of th •i nun·Jro.cr•m•IUII••n d.::au \ot:. (~) Tht contr:K tur \\ill. 1n lll \oliCIIllmns u r 3lht rl!~mt n U for tmplo)tt'i rlx td b~ ur on bdr3J f of the contr::ac tor. st.::atr th::at :all qu.shlird .1f'f'lrc .. nts v.ill ~cc:i 'c: cuu\id<'r-.::at iun for cmpiO\'m<'nl w1 thuut rc p rd lo tK t', C fl~t'd. culur. n.::al•un:ll un~:~n . W \, m3 n t:a.l ~t 3t u s. ~~~~on . ::ancc•t '), mtlll:ll or ph~lo ic.s l h :andiC:'IJ'I . u r :~~. (3) Tilt' cnntrx tor v.1ll wond to e:kh l3hor u n1 0n u r rtllft u ·nt::a th t n f "'orkt'n: wi th "luch he h a\CUIIt'ctin b :~r;3min~ a 'r ~cmt nl or o rhrr cm1 t ro~c l '" undc rst and rn&. nuiiC'c: tu ht' rru\ldtd b ) tilt' contracfin:: tlffit tr, .::a ddsin: thr bbor umon o r v.orkrn', rt'JHt'\enllth't' of th t' cun t ~r l o J s commil lmtnt undrr lht' Eu·c utin• Or d rr. Equlf Oprurhuu l) and \ffrrm:~ti•t' ,\t.:tion , d.J tc d A rril 16. 19i5, and u f tht' rult'", rr~ul.::arru n s , a nd rt lt\ ant Oulrn. o f tht Gu\tnlor. (..t ) 11 1~ contr:tCIOr and l o~hot u11iom v.ill fu rnish all infonn311Hn .1 nd rrrorh rtq uiH•U by E \ttut i\t' Ordrr, [qu.JI OpjlOrllulil) 311d ~ffiun:~t r \t' ACIIHII of -'l''il 16. 19H-, and b) thr rul~). ~~~ul31!um :anJ 01tlt.:n nf tht' Gt H ~mor u1 JIUt')U::ant tlu:r rto, o~ud \\illprrmll .M.'C'c:" to hi) b<1u'-s. l'tcur d ~ •• m d :1 rnuuh In thr cnu l r..c tint a,t'ncy and tht uffitt' of the: C1.1\tnu.u ur lu\ d.:)tf!m.·r fu r flllf'JIUW') uf llllf~lr;!ltlun Ill :t)l'rrt :un nmlJlli:ttlCt "'''" ~uch rull!'\, '""'tbtmns .snd mdc" • (S} A !Jhor ur;:llnini•On "1lluut t'~cludc :til\ 10diHdw•l othcn\1-.t' IJ UJiili .. J f1om fullmtmht·r,J.ir n;:hl\ in wch l.1hf•r nr;::mtr"'''''"· u r r\~·1 .ur~ ~uc h IIHhHdu.JI fl l•m nJ;,:mh~f\lup 10 touch l.t hur urt:mrt::atiun ur d r'oCnrn iii.Jir .1 ~310\l .311\ uf IU m'!"mbc:t') 111 th,· full t'lljLI \ Rlt'lll u f ""'H~ nrrrurrunrl\. lk'r.m...-uf r.K t , crt"td, cnlur '"'· ll:llrurl.ll torrpn u r :'l ntc'l') (G, A \:.bur ur~:rnl.to~ll•m ur lh\' •1111'1"' t t'' or'"""''"'" 1h~rruf v.tllnol :tid abet , IRCitt' cumpd nr C<I\'IC t' rht d"rn: u l lll)' XI ddi111:d 111 tim cuut l',l('l tu fk d'"'"nHn::a l•trl '" .. h .. trucr.., I'Ht'\\'111 .Jn' rcr.un hum ~umph 111; ""''h tl"· IIIU\IW•II~ n f tlu' runt I .I( I 111 an~ nrd,·r l"ll•'d tht·r,·un•k r '" .lll•••npt t'llhcr Ju\'Cih u r l!ldttt't'l" Ill {t!lllllHI :.n) ,.1(1 J ~fin,lJIII th" CHRIUC't lu lk' 411..Cn1RIIIolllll') ' I • • 0 ( I \ / __ • • 0 I• • (71 In >he rornl ur lhr '""'"<lur-. nnn ·cornpliJnrc """!lor nun di'<rimin>hon rl""" nr ll>i> conrrxlnr •irlr '"" ur '"'" rulc.. <C£trl>liun •. ur nnlr". '"" runlt:>fl .. , ... he "n"llrd. lrnnin>lr<l or •••r•n<l<d in •irulr ur in plrl >nd >he cnnlllrtnr rn>y br rfrd,rd i>>d >j;if1fr r,, frurhrr S!>re "'"""'' m >rrurd•nce •irh prn,.Jun·s, Julhurit<J in E><rurhe Ordrr, (•J••f Oppulln ni ry >nd Affinn>lnr A<l>o>i or April 16, 1975 Jnd ''" "''"· """'"ion•. or ""''" pw.,uf£llrd "' """"'n" ''""'"ilh , Jnd loch ur h<r uncrions >s m•y b< in>po"d >nd ~trn<d~t•., moy b< rmulrd" p•n.,JrJ in r,rcuri" Ord.,, E4uol OppO!Iuniry ond Arfinn>1i,. Acoion of Ap11f 16 , 19 7S . or by "''"· «:uf.>toO nl, nr urdr, J'<nn>ui:>~•J >n xrord•nce ""''"ilh, or" olhrrwi~ pro.,idtd by law. (8) TI10 <onlr>cror •ill includr !he pro•illons or pll>tt:>phs (I) lluou;h (8) in "''Y lub-coni!XI >nd lub-cnnl r:><lor porch,., a<dcr unfc>l "'"'Pird bj• rulrs , rcrulllionl. or Orde" il\urd pu"u>nl 10 E.rculi>·e o ..... E .... Opponunlly •nd Mr.,,,,., Acrion or ,,,,ril 16, 197S ,lo lh>l lurh pru>isions Wdl ""bindinr up on "'" sub-roni>><IOI or >rndor Thr conlr>rror •illr>kt >uch ><lion •llh ruprcr loOn) sub-conlr>crinJ or purchose urdrr" lhr '""'""""£ o;on<>· "''l d»rcl, as • m.,ns or enrorcinJ sn<h pro•i•ions, indudinr "nflio>u for non <ornplioncr , pru.,ded, ho"""· thor In lhr '""'the <orHrJtro r b<com., in >of>rd in, or is lhrcllrned •ilh, liliC>I>on •illl lhr >ubcunrr>cru r or >t ndur" 2 rtsull of such dirrc1ion by 1he cunl•ocrin& atcnc)'. d1t cont~ctor m:~y r~qursr th t Sl:ltt or Colondu ru cnru intn 1uch liti.CJtion to prot ret the in rrrrn of the SrJrt of Colur;,d o. • FERENC£ 6. Pro ,·i).•ons uf li -17-101. &. 10" ruhl it "' ,.. l:a hor :u r appllcabl~ 10 lh h contrac-t if , JIC' Jff uudrnakrn htrrundrr :tnd arr f~r~.:nu·rd in "hul f' or m .o~r 7, Tht bws of lht Sraot of Color>do on d n.lr. >nd rt;ul>!iun• inutd pur.uonl <htrt~u sh>ll bt opplitd In lht lnrrrprtUiion, tAtculion ond t>>fOII'tmtnl or lhis runlr>c~, An)' pro>iwon o f lhis conlr>tl •·htlhH or nol >nfO'!'UtOied l~t >r>n by rtfmncr ...t>>eh p1u.;dts fo1 >rbilnliun by ony f>lro .judiri>l bOd)' or P<I'SOn Or •irich it ol htr•i " in conflkl •ilh u iJ lo-.. rul<, >nd ff£uf>!lon• lholl ht considtrrd null and •oid, Nolhin& conuined in On) pro•nion lnco'I'Or>ltd hmin by t<ftrtncr •furh PU'J'U•IS 10 nt;ort lh i• or >nr o1h11 sptci>l p•u•isio n In •holt or •n pon lh>ll b< »Hd or <nfurc<>b lt or »>iiJbft in >ny ><l io n ol lo•· •ht~hrr by "'l' of tomploinl, der..,, or orh.,.;,., An)' pro>ilion rtndtrcd null >nd >oid br rhr upmllon of lh il pro>i<ion •ill nul in••lldolo tht rr rtQin df'r of th1s contract to tM ~.\l t nl that the runtnC't i~ Clp:l~lr-uf uu:ution. 8. Tht si;n,.oritS h trt~o >><r lhlllhty "' lomillor •hh 18-8 301, tl >tq, (Bribtr)' ond Corrupl l nOutne<•) >nd 18·8 .. ~1 , <1 stq., (Abu>t of Pu ~l>< Ofr.cr), C R 5. 1973 , ">n>rndtd, ond I hOI no • io l>1i on of su<h pro•·lsi<ns is prurnl. 9. The •ianOioti<S "" lhll lo lhrir lno•frd&e . no'"" t>npiU)tc h,. '"l P">On>l or bentficiol inltrtSI •·harsot\tr in rhr ~ttv ice or proptrt y ducribed hrrrin ST •TE OF C'OLORAOO lllCJf..IRO D. L~.1111. 1;0\'ER'\'OR B r--~.-.-,~-·c_UT_I_\~£-D-IR-l-CT_O_R-.----,£-------- DEP.IRDIENT OF --------------~--------------1 I o l ,I I :·. ... -~ i; t'... ···'-, ~ .. # '\·' ;"!-· ... ..... ~ ; . ~..'· •. • • 0 f 32xl I ( • • • 0 I • • February 17, 1977 TO: Andy McCown, City Manager FROM: William D. James, Director of Finance SUBJ: Police Professional Liability Insurance A number of cities in Colorado and the nation have had difficulty in finding a market for Police Professional Liability Insurance and Eng lewood has encountered similar problems. We started workin g with the city's insurance agent, Standart and Main, in November to find a market when we had heard th at American Home, the carrier at that time, was not renewing any policies. The policy with American Home expired Dec~mber 31, 1976 and they notified Standart and Main in late November th~the policy would not be renewed . During December we made application to a number of companies that might consider insuring a policy for Police Professional Liability. We explored various alternatives such as the city self insuring the fir st $25 ,000, or the city paying all legal fees. The city 's only two se ttlements under the past coverages were $1,500 and $2,500, how ever, we did have approximately $6 ,400 in legal expenses . We finally found a market with National Sherriffs at a reasonable pre- mium of $7,500 wi th more coverage than we had in the past. National Sherriffs, however, notified us on January 15, 1977 that they were cancelling the policy effective February 28 , 1977. Again, we con- tacted Standart and Main a nd they began looking for another market. It is of intere st to note that the basic reason given by National Shtrriffs for cancelling our policy was that they were not taking any new accounts that had prior claims. St andart a nd Main found another c ompany, Northeastern Fire that would pr ovide Police Professional Liability Insurance for a premium of $17,500 . This policy would expire on October 31 , 1977. On February 14, 1977, we met with Russ Woods, Agent for Standart and Main, to discuss the policy coverages of Northeastern Fire in relation to the premi um to be paid. The following conclusions were reached: 1) Northeastern Fire is a fairly new insurance compa ny and has limited assets. It is highly questionable whether they would be able to pay three or four large claims in any one year. 2) If Northeastern Fire co uld not make settlement ln a claim and being an unidentified insurance company, they would not ./ I • • 0 ·. f I ( • Page 2 • • <. te covered by the Colorado Guaranteed Fund which assesses o ther companies to pay for the claims. 3) There is no guarantee that Northeastern Fire would not cancel the policy prior to the date. 4) We have been unable to obtain the policy from Northeastern Fire to find out what kind of coverages the city would receive. The city 's insurance agent recommended that we self insure Police Pro- fessiona l Liability given the above facts. They also recommended that a reserve of $100,000 should be established. Standart and Main is working with Commercial Union, the city's present insurance com pany for our comprehensive policy, to find out whether or not they would be willing to provide us coverage on any c laims beyond the $100,000. We could finance the $100 ,000 over three or four years, or the entire amount this year out of fund balance. Th erefore, it a ppears at this time that the only feasible alternative for the city is to self insure Po lice Professional Liability and to es- tab lish a reserve of $100,000. I would also recommend seriously con- sidering funding the res e rve all at once this year. We should hear from Commercial Union next week as to whether they will insure any claims over $100 ,000. I will prepare a f ina l recommendation relating to self insur ing Police Professional Liability in time for the next council meet ing . cc: Ka r l Nollenberger WDJ/cb • . • • 0 · . . , • -•. • • - ROLL CALL M ed S ov d d econ e A lYe N ay Ab ta1 s n sen W1111ams v so vern v/ Sll11ttl , -Mann / -B_rown / (;layton / -Mayor Taylor ·~ .. • • • • ·. '32xl • ... ,_ • -·. • • / -. ROLL CALL M ed S ov d d econ e A '\Ye N ay Ab sta n Ab t sen Williams t/' ..---So vern v ~1tl'l "!"""" y ~ Mann v- Brown ....... Clayton v Mayor TaylOr ~ • • I . • 0 . , f • - • • • 0 • / -. -------------~-~"""""-'===~:::....====----·---~"· r ::· • . ' /<-' ' "'J '~ ROLL CALL '=)#t;f=t -er _; u .-:..:.::Mo:..:..:ved=-,.....:S:.::.e:::::co::,::nd:.::.e.:::...d ..,....,;:;-;-;-.-:----..-~'--r-~Lr-....!:!Abs ta 1 n Absent or ~~- lfl~~r t;va~ ~ -.~ r/V ~~~~~ ~ -?Y?~'is ~-~__!/~~ ;- ' . -' I L• '~ j ~ ' •. I • • 0 ,._ • • -. • t• . • -·----~--- ROLL CALL Mo ed S d d v econ e A lve Nav Abstain Absent Williams v-: Sovern ~ // sm1tn ,......... ,/ Mann t-- Brown v Clayton 1./ Mayor Taylor L,-/ ' • • I . • 0 ' ·, ·. , , • • -0 t • • =--___:. . = -..... --=:.:...- / -..!!(_""..-, ·--- I ~~ ROLL CALL l'i Moved Abstain Absent - I • • :· 0 .. . • • •. -• • -/ ---.JO,,, .. ROLL CALL Moved Seconded Abstain Absent ' ~· I . . 0 Ji. ' ·., • • -• t• • ROLL CALL Moved A bstain Absent ,_- • ____ / - ~ ''; .. ·. . , , ' •. .. • • 0 ' • -• • ~-~ .... -.....::-;...;,----.....------------~----- ROLL CALL Abstain Absent • • • • '· -• • ROLL CALL Seconded Abstain Absent ,__..--' N~ I ' I I : i • • 0 • • t• - • • • 0 • • -• . • • ROLL CALL Moved Seconded Aye ,......-Nay Abstain Absent Williams 1/. ,;/" So vern V' [/"' Sft11t h v Mann v Brown v v Clayton v Mayor l aylor ~ • • • • 0 ' • ·. , "' -• •. -• I• • ---~ , ~ Abstain Absent ' • • • ~ II] l . • • • . • ·~ ----.. -~ -""t ROLL CALL Abstain Abs ent - • • I . • 0 0 , • • - • h • - ' • ~~~ r '• · . . , • • 0 f 32xl • •. • I • • . r,, Abstain Absent /' ~ l"· • • • 0 . , • • -. ,. • ROLL CALL 0'1 econ e A N ~ye ay Ab sta n Ab sent Wi 11 iams ,__- ~ So vern 1/ / ;:,m1tn v Mann v Brown v Clayton (../ Mayor Taylor ~ ' • I· • 0 -· ' r I . ' ~ • • ..~ -• . 0 (~ • ' . .. - ROLL CALL .. • • I . • 0 .. ' \ ( .. ~r • • - ROLL CALL ? 1; ~ ~o ~ Seconded Ave Nav Abstain Absent fi t' . ~ Williams Sovern smitn l{ann Brown c ayton ' Mayor Taylor ~6U...9 J;eCc;G -UJC?vfc a tf2ce>o r<;tc e w cP ~~ .e_ • • I . • I ! I • '!' • 0 - .. CITY COUNCIL !1EETING -February 28, 1977 -Special ----~------ ...